1 | A bill to be entitled |
2 | An act relating to Florida Industrial and Phosphate |
3 | Research Institute; transferring, renumbering, and |
4 | amending s. 378.101, F.S.; establishing the Florida |
5 | Industrial and Phosphate Research Institute within the |
6 | University of South Florida Polytechnic; creating the |
7 | Phosphate Research and Activities Board; providing duties, |
8 | membership, and terms for the board; providing for an |
9 | executive director of the institute; providing duties for |
10 | the executive director; providing duties and authorized |
11 | activities for the institute; amending s. 211.31, F.S.; |
12 | conforming a cross-reference; providing for a type two |
13 | transfer of the Florida Institute of Phosphate Research to |
14 | the Florida Industrial and Phosphate Research Institute |
15 | within the University of South Florida Polytechnic; |
16 | repealing s. 378.102, F.S., relating to procurement of |
17 | research services by the Florida Institute of Phosphate |
18 | Research; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 378.101, Florida Statutes, is |
23 | transferred, renumbered as section 1004.346, Florida Statutes, |
24 | and amended to read: |
25 | (Substantial rewording of section. See |
26 | s. 378.101, F.S., for present text.) |
27 | 1004.346 Florida Industrial and Phosphate Research |
28 | Institute.- |
29 | (1) INSTITUTE CREATION.-The Florida Industrial and |
30 | Phosphate Research Institute is established within the |
31 | University of South Florida Polytechnic. |
32 | (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.-The Phosphate |
33 | Research and Activities Board is created to monitor the |
34 | expenditure of funds appropriated to the university from the |
35 | Phosphate Research Trust Fund. |
36 | (a) The board shall approve an annual report, prepared by |
37 | the institute executive director, which outlines the expenditure |
38 | of the funds appropriated to the university from the Phosphate |
39 | Research Trust Fund and describes the various phosphate-related |
40 | projects and institute operations funded by those moneys. |
41 | (b) The board shall consist of five members. The Governor |
42 | shall appoint two persons representing the phosphate mining or |
43 | processing industry and one member representing a major |
44 | environmental conservation group in the state. The Secretary of |
45 | Environmental Protection or his or her designee and the Campus |
46 | Executive Officer of the University of South Florida Polytechnic |
47 | shall also serve as board members. |
48 | (c) Members of the board appointed by the Governor shall |
49 | be appointed to 3-year terms. A board member may continue to |
50 | serve until a successor is appointed, but not more than 180 days |
51 | after the expiration of his or her term. A board member is |
52 | eligible for reappointment to subsequent terms. |
53 | (d) Board members shall annually elect a chair from among |
54 | the membership. |
55 | (e) Board members shall serve without compensation, but |
56 | are entitled to reimbursement for per diem and travel expenses |
57 | as provided in s. 112.061. |
58 | (3) INSTITUTE EXECUTIVE DIRECTOR.-An executive director |
59 | shall be designated by and serve at the pleasure of the Campus |
60 | Executive Officer of the University of South Florida Polytechnic |
61 | or his or her designee. The executive director shall be |
62 | responsible for the daily administration of the institute, |
63 | including the expenditure of funds from all sources. The |
64 | executive director shall consult with the Phosphate Research and |
65 | Activities Board on the projects that the institute expects to |
66 | undertake using moneys appropriated from the Phosphate Research |
67 | Trust Fund. |
68 | (4) INSTITUTE DUTIES AND AUTHORIZED ACTIVITIES.- |
69 | (a) The institute shall: |
70 | 1. Establish methods for better and more efficient |
71 | practices for phosphate mining and processing. |
72 | 2. Conduct or contract for studies on the environmental |
73 | and health effects of phosphate mining and reclamation. |
74 | 3. Conduct or contract for studies of reclamation |
75 | alternatives and technologies in phosphate mining and processing |
76 | and wetlands reclamation. |
77 | 4. Conduct or contract for studies of phosphatic clay and |
78 | phosphogypsum disposal and utilization as a part of phosphate |
79 | mining and processing. |
80 | 5. Provide the public with access to the results of its |
81 | activities and maintain a public library related to the |
82 | institute's activities, which may contain special collections. |
83 | (b) The institute may: |
84 | 1. Research and develop methods for better and more |
85 | efficient processes and practices for commercial and industrial |
86 | activities, including, but not limited to, mitigating the health |
87 | and environmental effects of such activities as well as |
88 | developing and evaluating alternatives and technologies. |
89 | 2. Secure funding from grants and other available sources |
90 | for carrying out the activities authorized or required under |
91 | this section. |
92 | 3. Enter into contracts with any firm, institution, or |
93 | corporation, or federal, state, local, or foreign governmental |
94 | agency, to carry out the activities authorized or required under |
95 | this section. |
96 | 4. Promote the application, patenting, and |
97 | commercialization of the institute's technologies, knowledge, |
98 | and intellectual property in accordance with university policies |
99 | and procedures. |
100 | 5. Educate the public about the science related to topics |
101 | and issues that are within the institute's scope of expertise. |
102 | 6. Hold public hearings. |
103 | 7. Establish public-private partnerships. |
104 | 8. Provide consulting services. |
105 | Section 2. Subsection (4) of section 211.31, Florida |
106 | Statutes, is amended to read: |
107 | 211.31 Levy of tax on severance of certain solid minerals; |
108 | rate, basis, and distribution of tax.- |
109 | (4) The expenses of administering this part and ss. |
110 | 378.021, 378.031, and 1004.346 378.101 shall be borne by the |
111 | Land Reclamation Trust Fund, the Nonmandatory Land Reclamation |
112 | Trust Fund, and the Phosphate Research Trust Fund. |
113 | Section 3. All powers, duties, functions, records, |
114 | personnel, property, and unexpended balances of appropriations, |
115 | allocations, and other funds of the Florida Institute of |
116 | Phosphate Research are transferred by a type two transfer |
117 | pursuant to s. 20.06(2), Florida Statutes, to the Florida |
118 | Industrial and Phosphate Research Institute within the |
119 | University of South Florida Polytechnic. |
120 | Section 4. Section 378.102, Florida Statutes, is repealed. |
121 | Section 5. This act shall take effect July 1, 2010. |