| 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 upon becoming a law. |