HOUSE AMENDMENT |
Bill No. HB 1E CS |
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CHAMBER ACTION |
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Representative Johnson offered the following: |
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Amendment (with title amendment) |
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Remove the entire body, and insert: |
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Section 1. Section 288.955, Florida Statutes, is created |
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to read: |
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288.955 Scripps Florida Funding Corporation.-- |
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(1) DEFINITIONS.--As used in this section, the term: |
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(a) "Contract" means the contract executed between the |
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corporation and the grantee under this section. |
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(b) "Corporation" means the Scripps Florida Funding |
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Corporation created under this section. |
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(c) "Grantee" means The Scripps Research Institute, a not- |
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for-profit public benefit corporation, or a division, |
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subsidiary, affiliate, or entity formed by The Scripps Research |
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Institute to establish a state-of-the-art biomedical research |
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institution and campus in this state. |
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(2) CREATION.-- |
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(a) There is created a not-for-profit corporation known as |
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the Scripps Florida Funding Corporation, which shall be |
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registered, incorporated, organized, and operated under chapter |
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617. All provisions of chapter 617 apply to the corporation, |
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except if the provisions of chapter 617 conflict with the |
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provisions of this section, this section shall control. |
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(b) The corporation is not a unit or entity of state |
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government. However, the corporation is subject to the |
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provisions of s. 24, Art. I of the State Constitution and |
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chapter 119, relating to public records, and the provisions of |
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chapter 286 relating to public meetings. |
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(c) The corporation must establish at least one corporate |
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office in this state and appoint a registered agent. |
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(d) The corporation shall hire or contract for all staff |
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necessary to the proper execution of its powers and duties |
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within the funds appropriated to implement this section and |
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shall require that all officers, directors, and employees of the |
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corporation comply with the code of ethics for public officers |
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and employees under part III of chapter 112. In no case may the |
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corporation expend more than $300,000 in the first year and |
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$200,000 per year thereafter for staffing and necessary |
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administrative expenditures using funds appropriated to |
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implement this section.
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(e) The Office of Tourism, Trade, and Economic Development |
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shall provide administrative support to the corporation as |
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requested by the corporation. In the event of the dissolution of |
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the corporation, the office shall be the corporation’s successor |
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in interest and shall assume all rights, duties, and obligations |
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of the corporation under any contract to which the corporation |
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is then a party and under law. |
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(3) PURPOSE.--The corporation shall be organized to |
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receive, hold, invest, administer, and disburse funds |
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appropriated by the Legislature for the establishment and |
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operation of a state-of-the-art biomedical research institution |
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and campus in this state by The Scripps Research Institute. The |
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corporation shall safeguard the state's commitment of financial |
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support by ensuring that, as a condition for the receipt of |
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these funds, the grantee meets its contractual obligations. In |
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this manner, the corporation shall facilitate and oversee the |
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state goal and public purpose of providing financial support for |
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the institution and campus in order to expand the amount and |
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prominence of biomedical research conducted in this state, |
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provide an inducement for high-technology businesses to locate |
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in this state, create educational opportunities through access |
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to and partnerships with the institution, and promote improved |
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health care through the scientific outcomes of the institution. |
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(4) BOARD; MEMBERSHIP.--The corporation shall be governed |
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by a board of directors. |
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(a) The board of directors shall consist of nine voting |
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members, of whom the Governor shall appoint three, the President |
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of the Senate shall appoint three, and the Speaker of the House |
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of Representatives shall appoint three. The director of the |
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Office of Tourism, Trade, and Economic Development or the |
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director's designee shall serve as an ex-officio, nonvoting |
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member of the board of directors. |
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(b)1. Each member of the board of directors shall serve |
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for a term of 4 years, except that initially the Governor, the |
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President of the Senate, and the Speaker of the House of |
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Representatives each shall appoint one member for a term of 1 |
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year, one member for a term of 2 years, and one member for a |
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term of 4 years to achieve staggered terms among the members of |
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the board. A member is not eligible for reappointment to the |
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board, except, however, that a member appointed to an initial |
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term of 1 year or 2 years may be reappointed for an additional |
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term of 4 years. The Governor, the President of the Senate, and |
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the Speaker of the House of Representatives shall make their |
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initial appointments to the board by November 15, 2003. |
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2. Members of the board of directors appointed by the |
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President of the Senate and the Speaker of the House of |
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Representatives shall serve at the pleasure of the appointing |
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officer.
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(c) The Governor, the President of the Senate, or the |
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Speaker of the House of Representatives, respectively, shall |
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fill a vacancy on the board of directors, according to who |
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appointed the member whose vacancy is to be filled or whose term |
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has expired. A vacancy that occurs before the scheduled |
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expiration of the term of the member shall be filled for the |
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remainder of the unexpired term. |
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(d) Each member of the board of directors who is not |
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otherwise required to file financial disclosure under s. 8, Art. |
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II of the State Constitution or s. 112.3144 shall file |
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disclosure of financial interests under s. 112.3145. |
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(e) A person may not be appointed to the board of |
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directors if he or she has had any direct interest in any |
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contract, franchise, privilege, or other benefit granted by The |
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Scripps Research Institute or any of its affiliate organizations |
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within 5 years before appointment. A person appointed to the |
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board of directors must agree to refrain from having any direct |
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interest in any contract, franchise, privilege, or other benefit |
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granted by The Scripps Research Institute or any of its |
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affiliate organizations during the term of his or her |
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appointment and for 5 years after the termination of such |
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appointment. It is a misdemeanor of the first degree, punishable |
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as provided in s. 775.082 or s. 775.083, for a person to accept |
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appointment to the board of directors in violation of this |
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paragraph or to accept an interest in any contract, franchise, |
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privilege, or other benefit granted by the institution or |
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affiliate within 5 years after the termination of his or her |
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service on the board. |
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(f) Each member of the board of directors shall serve |
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without compensation but shall receive travel and per diem |
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expenses as provided in s. 112.061. |
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(g) Each member of the board of directors is accountable |
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for the proper performance of the duties of his or her office, |
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and each member owes a fiduciary duty to the people of the state |
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to ensure that funds provided in furtherance of this section are |
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disbursed and used as prescribed by law and contract. |
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(5) ORGANIZATION; MEETINGS.-- |
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(a)1. The board of directors shall annually elect a |
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chairperson and a vice chairperson from among the board's |
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members. The members, by an affirmative vote of at least five of |
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the nine members, may remove a member from the position of |
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chairperson or vice chairperson prior to the expiration of his |
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or her term as chairperson or vice chairperson. His or her |
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successor shall be elected to serve for the balance of the |
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removed chairperson's or vice chairperson's term. |
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2. The chairperson is responsible for ensuring that |
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records are kept of the proceedings of the board of directors, |
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and is the custodian of all books, documents, and papers filed |
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with the board, the minutes of meetings of the board, and the |
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official seal of the corporation. |
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(b)1. The board of directors shall meet upon the call of |
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the chairperson or at the request of a majority of the members, |
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but no less than three times per calendar year. |
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2. A majority of the voting members of the board of |
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directors constitutes a quorum. Except as otherwise provided in |
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this section, the board may take official action by a majority |
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vote of the members present at any meeting at which a quorum is |
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present. Members may not vote by proxy. |
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3. A member of the board may participate in a meeting of |
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the board by telephone or videoconference through which each |
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member may hear every other member. |
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(6) POWERS AND DUTIES.--The corporation is organized to |
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receive, hold, invest, administer, and disburse funds |
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appropriated by the Legislature in support of this section and |
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to disburse any income generated from the investment of these |
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funds consistent with the purpose and provisions of this |
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section. In addition to the powers and duties prescribed in |
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chapter 617 and the articles and bylaws adopted under that |
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chapter, the corporation: |
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(a) May make and enter into contracts and assume any other |
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functions that are necessary to carry out the provisions of this |
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section. |
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(b) May make expenditures, from funds provided by this |
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state, including any necessary administrative expenditures |
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consistent with its powers.
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(c) May enter into leases and contracts for the purchase |
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of real property and hold notes, mortgages, guarantees, or |
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security agreements to secure the performance of obligations of |
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the grantee under the contract. |
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(d) May perform all acts and things necessary or |
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convenient to carry out the powers expressly granted in this |
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section and a contract entered into between the corporation and |
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the grantee. |
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(e) May indemnify, and purchase and maintain insurance on |
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behalf of, directors, officers, and employees of the corporation |
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against any personal liability or accountability. |
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(f) Shall disburse funds pursuant to the provisions of |
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this section and a contract entered into between the corporation |
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and the grantee. |
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(g) Shall receive and review reports and financial |
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documentation provided by the grantee to ensure compliance with |
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the provisions of this section and provisions of the contract. |
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(h) Shall prepare an annual report as prescribed in |
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subsection (14). |
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(7) INVESTMENT OF FUNDS.--The corporation must enter into |
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an agreement with the State Board of Administration under which |
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funds received by the corporation from the Office of Tourism, |
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Trade, and Economic Development which are not disbursed to the |
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grantee shall be invested by the State Board of Administration |
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on behalf of the corporation. Funds shall be invested in |
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suitable instruments authorized under s. 215.47 and specified in |
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investment guidelines established and agreed to by the State |
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Board of Administration and the corporation. |
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(8) CONTRACT.-- |
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(a) No later than January 30, 2004, the corporation shall |
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negotiate and execute a contract with the grantee for a term of |
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20 years; however, the time to execute the contract may be |
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extended for up to 45 days by majority vote of the board of |
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directors of the corporation. Such contract shall govern the |
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disbursement and use of funds under this section. If no contract |
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has been executed by such date, all unexpended funds shall |
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revert and be returned to the General Revenue Fund of the state. |
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The corporation may not execute the contract unless the contract |
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is approved by the affirmative vote of at least seven of the |
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nine members of the board of directors. At least 14 days before |
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execution of the contract, The Scripps Research Institute must |
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submit to the board, the Governor, the President of the Senate, |
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and the Speaker of the House of Representatives an |
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organizational plan, in a form and manner prescribed by the |
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board, for the establishment of a state-of-the-art biomedical |
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research institution and campus in this state, and the board |
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must submit a copy of the proposed contract to the Governor, the |
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President of the Senate, and the Speaker of the House of |
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Representatives. |
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(b) The contract, at a minimum, must contain provisions: |
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1. Specifying the procedures and schedules that govern the |
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disbursement of funds under this section and specifying the |
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conditions or deliverables that the grantee must satisfy before |
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the release of each disbursement. |
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2. Requiring the grantee to submit to the corporation a |
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business plan in a form and manner prescribed by the |
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corporation. |
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3. Prohibiting the grantee from establishing other |
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biomedical science or research facilities in any state other |
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than this state or California for a period of 12 years from the |
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commencement of the contract or until payment in full of the |
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total payment amount required under subsection (12), whichever |
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occurs first. Nothing in this subparagraph shall prohibit the |
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grantee from establishing or engaging in normal collaborative |
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activities with other organizations. |
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4. Governing the ownership of or security interests in |
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real property and personal property, including, but not limited |
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to, research equipment, obtained through the financial support |
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of state or local government, including a provision that in the |
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event of a breach of the contract or in the event the grantee |
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ceases operations in this state, such property purchased with |
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state funds shall revert to the state and such property |
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purchased with local funds shall revert to the local governing |
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authority. |
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5. Requiring the grantee to be an equal opportunity |
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employer. |
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6. Requiring the grantee to maintain a policy of awarding |
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preference in employment to residents of this state, as defined |
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by law, except for professional scientific staff positions |
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requiring a doctoral degree, post-doctoral training positions, |
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and graduate student positions.
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7. Requiring the grantee to maintain a policy of making |
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purchases from vendors in this state, to the extent it is cost- |
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effective and scientifically sound. |
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8. Requiring the grantee to work collaboratively with the |
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state’s public and private postsecondary educational |
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institutions and not-for-profit research institutions. |
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9. Requiring the grantee to participate in employee- |
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recruitment activities at a minimum of five public or private |
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universities or community colleges in this state every year |
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during the duration of the contract.
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10. Requiring the grantee to use the Internet-based job- |
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listing system of the Agency for Workforce Innovation in |
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advertising employment opportunities.
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11. Requiring the grantee to establish accredited science |
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degree programs. |
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12. Requiring the grantee to establish internship programs |
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to create learning opportunities for educators and secondary and |
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postsecondary students, including graduate and doctoral |
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students. |
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13. Requiring the grantee to submit data to the |
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corporation on its activities and performance during each fiscal |
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year and to provide to the corporation an annual accounting of |
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the expenditure of funds disbursed under this section. |
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14. Authorizing the grantee, when feasible, to use |
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information submitted by it to the Federal Government or to |
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other organizations awarding research grants to the grantee to |
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help meet reporting requirements imposed under this section or |
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the contract, if the information satisfies the reporting |
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standards of this section and the contract. |
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15. Requiring the grantee during the first 7 years of the |
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contract to create 545 positions and to acquire associated |
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research equipment for the grantee's facility in this state, and |
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pay for related maintenance of the equipment, in a total amount |
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of not less than $45 million. |
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16. Requiring the grantee to progress in the creation of |
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the total number of jobs prescribed in subparagraph 15. on the |
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following schedule: at least 38 positions in the first year, 168 |
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positions in the second year, 280 positions in the third year, |
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367 positions in the fourth year, 436 positions in the fifth |
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year, 500 positions in the sixth year, and 545 positions in the |
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seventh year. The board may allow the grantee to deviate |
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downward from such employee levels by 25 percent in any year, to |
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allow the grantee flexibility in achieving the objectives set |
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forth in the business plan provided to the corporation; however, |
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the grantee must have no fewer than 545 positions by the end of |
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the seventh year. |
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17. Requiring the grantee’s expenditure of funds to be |
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consistent with legislative intent as provided in this act.
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18. Requiring the grantee to agree to compliance standards |
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under which the corporation can review relevant records to |
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ensure the grantee’s financial and operational compliance with |
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the provisions of this section and the contract.
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19. Requiring the grantee to allow the corporation to |
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retain an independent certified public accountant licensed in |
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this state pursuant to chapter 473 to inspect the records of the |
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grantee in order to audit the expenditure of funds disbursed to |
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the grantee. The independent certified public accountant may not |
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disclose any confidential or proprietary scientific information |
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of the grantee. |
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20. Requiring the grantee to purchase liability insurance |
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and governing the coverage level of such insurance. |
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(c) An amendment to the contract is not effective unless |
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it is approved by the affirmative vote of at least seven of the |
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nine members of the board of directors. |
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(9) PERFORMANCE EXPECTATIONS.--In addition to the |
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provisions prescribed in subsection (8), the contract between |
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the corporation and the grantee shall include a provision that |
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the grantee, in cooperation with the Office of Tourism, Trade, |
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and Economic Development, shall report to the corporation on |
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performance expectations that reflect the aspirations of the |
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Governor and the Legislature for the benefits accruing to this |
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state as a result of the funds appropriated pursuant to this |
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section. These shall include, but are not limited to, |
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performance expectations addressing: |
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(a) The average salaries paid. |
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(b) The number and dollar value of research grants |
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obtained from the Federal Government or sources other than this |
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state. |
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(c) The percentage of total research dollars received by |
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The Scripps Research Institute from sources other than this |
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state which is used to conduct research activities by the |
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grantee in this state. |
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(d) The number or value of patents obtained by the |
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grantee. |
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(e) The number or value of licensing agreements executed |
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by the grantee. |
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(f) The extent to which research conducted by the grantee |
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results in commercial applications. |
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(g) The number of agreements reached and maintained with |
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colleges and universities in this state. |
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(h) The number of collaborative partnerships established |
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and maintained with businesses in this state. |
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(i) The total amount of funding received by the grantee |
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from sources other than the State of Florida. |
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(j) The number or value of spinoff businesses created in |
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this state as a result of commercialization of the research of |
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the grantee.
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(k) The number or value of businesses recruited to this |
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state by the grantee.
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(l) The development of policies to promote supplier |
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diversity using the guidelines of the Office of Supplier |
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Diversity under s. 287.09451; compliance with ordinances, |
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including, but not limited to, small-business county ordinances, |
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applicable to the biomedical research institution and campus; |
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and the designation of a representative to coordinate with the |
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Office of Supplier Diversity.
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The contract shall require the grantee to provide information to |
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the corporation on the progress in meeting these performance |
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expectations on an annual basis. |
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(10) DISBURSEMENT CONDITIONS.--In addition to the |
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provisions prescribed in subsection (8), the contract between |
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the corporation and the grantee shall include disbursement |
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conditions that must be satisfied by the grantee as a condition |
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for the continued disbursement of funds under this section. A |
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determination that a condition has not been met for purposes of |
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disbursement shall be made by affirmative vote of at least five |
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of the nine members of the board of directors of the |
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corporation. These disbursement conditions shall be negotiated |
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between the corporation and the grantee and may not be designed |
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to impede the ability of the grantee to attain full operational |
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status. The disbursement conditions may be appropriately varied |
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as to timeframes, numbers, values, and percentages. The |
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disbursement conditions shall include, but are not limited to, |
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the following:
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(a) Beginning 18 months after the grantee’s occupancy of |
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its permanent facility in this state, the grantee will annually |
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obtain $100,000 of nonstate funding for each full-time |
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equivalent tenured-track faculty member employed at the |
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facility.
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(b) No later than 3 years after the grantee’s occupancy of |
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its permanent facility in this state, the grantee will apply to |
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the relevant accrediting agency for accreditation of its |
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graduate program in this state.
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(c) The grantee will create jobs as scheduled in its |
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contract with the corporation.
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(d) The grantee will purchase equipment for its facility |
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in this state as scheduled in its contract with the corporation.
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(e) No later than 18 months after occupying its permanent |
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facility in this state, the grantee will establish a program for |
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qualified graduate students from universities in this state |
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permitting them access to the facility for doctoral, thesis- |
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related research.
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(f) No later than 18 months after occupancy of its |
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permanent facility in this state, the grantee will establish a |
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summer internship for high school students.
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(g) No later than 3 years after occupancy of its permanent |
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facility in this state, the grantee will establish a research |
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program for middle school and high school teachers.
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(h) No later than 18 months after occupancy of its |
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permanent facility in this state, the grantee will establish a |
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program for adjunct professors.
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(i) No later than 6 months after commissioning its high- |
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throughput technology, the grantee will establish a program to |
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allow open access for qualified science projects.
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(j) Beginning June 2004, the grantee will commence |
414
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collaborative efforts with the public and private universities |
415
|
of this state and will continue cooperative collaboration |
416
|
through the term of the agreement.
|
417
|
(k) Beginning 18 months after the grantee's occupancy of |
418
|
its permanent facility in this state, the grantee will establish |
419
|
an annual seminar series featuring a review of the science work |
420
|
done by the grantee and its collaborators at the facility.
|
421
|
(l) Beginning June 2004, the grantee will commence |
422
|
collaboration efforts with the Office of Tourism, Trade, and |
423
|
Economic Development by complying with reasonable requests by |
424
|
the office for cooperation in the office’s economic development |
425
|
efforts in the biomedical/biotechnical industry. No later than |
426
|
July 2004, the grantee will designate a person who shall be |
427
|
charged with assisting in these collaborative efforts.
|
428
|
(11) DISBURSEMENTS.-- |
429
|
(a) The corporation shall disburse funds to the grantee |
430
|
over a period of 7 calendar years starting in the calendar year |
431
|
beginning January 1, 2004, under the terms and conditions of the |
432
|
contract. The corporation shall complete disbursement of the |
433
|
total amount of funds payable to the grantee under the contract |
434
|
no later than December 31, 2010, unless the grantee fails to |
435
|
satisfy the terms and conditions of the contract. Any funds of |
436
|
the corporation that are not disbursed by December 31, 2010, |
437
|
shall be returned to the state and deposited into the Biomedical |
438
|
Research Trust Fund of the Department of Health. |
439
|
(b) The contract shall provide for a reduction or |
440
|
elimination of funding in any year if: |
441
|
1. The grantee is no longer fully operating in this state; |
442
|
2. The grantee has failed to commit in writing to maintain |
443
|
full operations in the state for the succeeding year; or |
444
|
3. The grantee commits a material default or breach of the |
445
|
contract, as defined and governed by the contract. Determination |
446
|
of material default or breach of contract shall require the |
447
|
affirmative vote of at least seven of the nine members of the |
448
|
board. |
449
|
(c) Each disbursement by the corporation to the grantee |
450
|
under this section is conditioned upon the affirmative approval |
451
|
of at least five of the nine members of the board of directors |
452
|
and upon demonstration by the grantee that it has met the |
453
|
particular contractual deliverables that are the bases for that |
454
|
disbursement. |
455
|
(12) REINVESTMENT OF ECONOMIC STIMULUS FUNDS IN THE |
456
|
BIOMEDICAL RESEARCH TRUST FUND.--The contract between the |
457
|
corporation and the grantee shall require the grantee to |
458
|
reinvest a portion of its revenues as follows:
|
459
|
(a) The grantee shall reinvest 15 percent of the net |
460
|
royalty revenues, including the revenues from the sale of stock, |
461
|
received by The Scripps Research Institute from the licensing or |
462
|
transfer of inventions, methods, processes, and other patentable |
463
|
discoveries conceived or reduced to practice using the grantee's |
464
|
Florida facilities or Florida employees, in whole or in part, |
465
|
and to which the grantee becomes entitled during the 20 years |
466
|
following the effective date of the contract between the |
467
|
corporation and the grantee. For purposes of this paragraph, the |
468
|
term “net royalty revenues” means all royalty revenues less the |
469
|
cost of obtaining, maintaining, and enforcing related patent and |
470
|
intellectual property rights, both foreign and domestic. |
471
|
Reinvestment payments under this paragraph shall commence no |
472
|
later than 6 months after the grantee has received the final |
473
|
disbursement under the contract and shall continue until the |
474
|
maximum reinvestment has been paid.
|
475
|
(b) The grantee shall reinvest 15 percent of the gross |
476
|
revenues it receives from “naming opportunities” associated with |
477
|
any facility it builds in this state. For purposes of this |
478
|
section, the term “naming opportunities” includes charitable |
479
|
donations from any person in consideration for the right to have |
480
|
all or a portion of the facility named for or in the memory of |
481
|
any person, living or dead, or for any entity. The obligation to |
482
|
make reinvestment payments under this section shall commence |
483
|
upon the execution of the contract between the corporation and |
484
|
the grantee.
|
485
|
|
486
|
All reinvestment payments made pursuant to this section shall be |
487
|
remitted to the state for deposit in the Biomedical Research |
488
|
Trust Fund, or if such fund has ceased to exist, in another |
489
|
trust fund that supports biomedical research, as determined by |
490
|
law. The maximum reinvestment required of the grantee pursuant |
491
|
to this subsection may not exceed $200,000,000. At such time as |
492
|
the reinvestment payments equal $155,000,000 or the contract |
493
|
expires, whichever is earlier, the board of directors of the |
494
|
corporation shall determine whether the performance expectations |
495
|
and performance measures have been met. If the board determines |
496
|
that the performance expectations and performance measures have |
497
|
been met, the amount of $200,000,000 shall be reduced to |
498
|
$155,000,000. The grantee shall annually submit to the |
499
|
corporation a schedule of the shares of stock held by the |
500
|
grantee as payment of a royalty referred to in paragraph (a) and |
501
|
report on any trades or activity concerning such stock until |
502
|
such time as all revenues from the sale of stock have been |
503
|
reinvested. The grantee’s obligations under this subsection |
504
|
shall survive the expiration or termination of the contract |
505
|
between the corporation and the grantee.
|
506
|
(13) USE OF FUNDS.--
|
507
|
(a) Funds appropriated in furtherance of this section may |
508
|
not be disbursed or expended for activities that are not |
509
|
primarily related to the establishment or operation of the |
510
|
grantee in this state, except upon approval of the affirmative |
511
|
vote of at least seven of the nine members of the board of |
512
|
directors.
|
513
|
(b) No funds appropriated in furtherance of this section |
514
|
may be used for the purpose of lobbying any branch or agency of |
515
|
state government or any political subdivision of this state. |
516
|
(14) ANNUAL REPORT.--By December 1 of each year, the |
517
|
corporation shall prepare a report of the activities and |
518
|
outcomes under this section for the preceding fiscal year. The |
519
|
report, at a minimum, must include: |
520
|
(a) A description of the activities of the corporation in |
521
|
managing and enforcing the contract with the grantee. |
522
|
(b) An accounting of the amount of funds disbursed during |
523
|
the preceding fiscal year to the grantee. |
524
|
(c) An accounting of expenditures by the grantee during |
525
|
the fiscal year of funds disbursed under this section. |
526
|
(d) Information on the number and salary level of jobs |
527
|
created by the grantee, including the number and salary level of |
528
|
jobs created for residents of this state. |
529
|
(e) Information on the amount and nature of economic |
530
|
activity generated through the activities of the grantee. |
531
|
(f) An assessment of factors affecting the progress toward |
532
|
achieving the projected biotech industry cluster associated with |
533
|
the grantee’s operations, as projected by economists on behalf |
534
|
of the Executive Office of the Governor. |
535
|
(g) A compliance and financial audit of the accounts and |
536
|
records of the corporation at the end of the preceding fiscal |
537
|
year conducted by an independent certified public accountant in |
538
|
accordance with rules of the Auditor General. |
539
|
(h) A description of the status of the performance |
540
|
expectations under subsection (9) and the disbursement |
541
|
conditions under subsection (10).
|
542
|
|
543
|
The corporation shall submit the report to the Governor, the |
544
|
President of the Senate, and the Speaker of the House of |
545
|
Representatives. |
546
|
(15) PROGRAM EVALUATION.-- |
547
|
(a) Before January 1, 2007, the Office of Program Policy |
548
|
Analysis and Government Accountability shall conduct a |
549
|
performance audit of the Office of Tourism, Trade, and Economic |
550
|
Development and the corporation relating to the provisions of |
551
|
this section. The audit shall assess the implementation and |
552
|
outcomes of activities under this section. At a minimum, the |
553
|
audit shall address: |
554
|
1. Performance of the Office of Tourism, Trade, and |
555
|
Economic Development in disbursing funds appropriated under this |
556
|
section. |
557
|
2. Performance of the corporation in managing and |
558
|
enforcing the contract with the grantee. |
559
|
3. Compliance by the corporation with the provisions of |
560
|
this section and the provisions of the contract. |
561
|
4. Economic activity generated through funds disbursed |
562
|
under the contract. |
563
|
(b) Before January 1, 2010, the Office of Program Policy |
564
|
Analysis and Government Accountability shall update the report |
565
|
required under this subsection. In addition to addressing the |
566
|
items prescribed in paragraph (a), the updated report shall |
567
|
include a recommendation on whether the Legislature should |
568
|
retain the statutory authority for the corporation. |
569
|
|
570
|
A report of each audit's findings and recommendations shall be |
571
|
submitted to the Governor, the President of the Senate, and the |
572
|
Speaker of the House of Representatives. |
573
|
(16) LIABILITY.-- |
574
|
(a) The appropriation or disbursement of funds under this |
575
|
section does not constitute a debt, liability, or obligation of |
576
|
the State of Florida, any political subdivision thereof, or the |
577
|
corporation, or a pledge of the faith and credit of the state or |
578
|
of any such political subdivision. |
579
|
(b) The appropriation, disbursement, or receipt of funds |
580
|
under this section does not subject the State of Florida, any |
581
|
political subdivision thereof, or the corporation to liability |
582
|
related to the research activities and research products of the |
583
|
grantee. |
584
|
(17) FORCE MAJEURE.-—Notwithstanding any other provisions |
585
|
of this section, if the grantee is prevented from timely |
586
|
achieving any deadlines set forth in this section due to its |
587
|
inability to occupy its permanent facility in this state within |
588
|
2 years after entering into the memorandum of agreement pursuant |
589
|
to s. 403.973 as a result of permitting delays and related |
590
|
administrative or judicial proceedings, acts of God, labor |
591
|
disturbances, or other similar events beyond the control of the |
592
|
grantee, the deadline shall be extended by the number of days by |
593
|
which the grantee was delayed in commencing its occupancy of its |
594
|
permanent facility in this state. In no event shall the |
595
|
extension be for more than 4 years. Upon occurrence of a force |
596
|
majeure event, the corporation shall continue to fund the |
597
|
grantee at a level that permits the corporation to sustain its |
598
|
current level of operations until the force majeure event ceases |
599
|
and the grantee is able to resume the contract schedule which |
600
|
governs disbursement.
|
601
|
Section 2. Paragraph (h) of subsection (1) of section |
602
|
20.435, Florida Statutes, is amended to read: |
603
|
20.435 Department of Health; trust funds.-- |
604
|
(1) The following trust funds are hereby created, to be |
605
|
administered by the Department of Health: |
606
|
(h) Biomedical Research Trust Fund. |
607
|
1. Funds to be credited to the trust fund shall consist of |
608
|
funds deposited pursuant to ss. s. 215.5601 and 288.955. Funds |
609
|
shall be used for the purposes of the James and Esther King |
610
|
Biomedical Research Program as specified in s. 215.5602. The |
611
|
trust fund is exempt from the service charges imposed by s. |
612
|
215.20. |
613
|
2. Notwithstanding the provisions of s. 216.301 and |
614
|
pursuant to s. 216.351, any balance in the trust fund at the end |
615
|
of any fiscal year shall remain in the trust fund at the end of |
616
|
the year and shall be available for carrying out the purposes of |
617
|
the trust fund. |
618
|
3. The trust fund shall, unless terminated sooner, be |
619
|
terminated on July 1, 2004.
|
620
|
Section 3. Subsections (3), (7), and (15) of section |
621
|
403.973, Florida Statutes, are amended to read: |
622
|
403.973 Expedited permitting; comprehensive plan |
623
|
amendments.-- |
624
|
(3)(a) The Governor, through the office, shall direct the |
625
|
creation of regional permit action teams, for the purpose of |
626
|
expediting review of permit applications and local comprehensive |
627
|
plan amendments submitted by: |
628
|
1. Businesses creating at least 100 jobs, or |
629
|
2. Businesses creating at least 50 jobs if the project is |
630
|
located in an enterprise zone, or in a county having a |
631
|
population of less than 75,000 or in a county having a |
632
|
population of less than 100,000 which is contiguous to a county |
633
|
having a population of less than 75,000, as determined by the |
634
|
most recent decennial census, residing in incorporated and |
635
|
unincorporated areas of the county, or |
636
|
(b) On a case-by-case basis and at the request of a county |
637
|
or municipal government, the office may certify as eligible for |
638
|
expedited review a project not meeting the minimum job creation |
639
|
thresholds but creating a minimum of 10 jobs. The recommendation |
640
|
from the governing body of the county or municipality in which |
641
|
the project may be located is required in order for the office |
642
|
to certify that any project is eligible for expedited review |
643
|
under this paragraph. When considering projects that do not meet |
644
|
the minimum job creation thresholds but that are recommended by |
645
|
the governing body in which the project may be located, the |
646
|
office shall consider economic impact factors that include, but |
647
|
are not limited to: |
648
|
1. The proposed wage and skill levels relative to those |
649
|
existing in the area in which the project may be located; |
650
|
2. The project's potential to diversify and strengthen the |
651
|
area's economy; |
652
|
3. The amount of capital investment; and |
653
|
4. The number of jobs that will be made available for |
654
|
persons served by the welfare transition program. |
655
|
(c) At the request of a county or municipal government, |
656
|
the office or a Quick Permitting County may certify projects |
657
|
located in counties where the ratio of new jobs per participant |
658
|
in the welfare transition program, as determined by Workforce |
659
|
Florida, Inc., is less than one or otherwise critical, as |
660
|
eligible for the expedited permitting process. Such projects |
661
|
must meet the numerical job creation criteria of this |
662
|
subsection, but the jobs created by the project do not have to |
663
|
be high-wage jobs that diversify the state's economy. |
664
|
(d) Projects located in a designated brownfield area are |
665
|
eligible for the expedited permitting process. |
666
|
(e) Projects that are designated by the local board of |
667
|
county commissioners as a part of the state-of-the-art |
668
|
biomedical research institution and campus to be established in |
669
|
this state by the grantee under s. 288.955 are eligible for the |
670
|
expedited permitting process. |
671
|
(7) The local government shall hold a duly noticed public |
672
|
hearing to execute a memorandum of agreement for each qualified |
673
|
project. Notwithstanding any other provision of law, and at the |
674
|
option of the local government, the workshop provided for in |
675
|
subsection (6) may be conducted on the same date as the public |
676
|
hearing held under this subsection.The memorandum of agreement |
677
|
that a local government signs shall include a provision |
678
|
identifying necessary local government procedures and time |
679
|
limits that will be modified to allow for the local government |
680
|
decision on the project within 90 days. The memorandum of |
681
|
agreement applies to projects, on a case-by-case basis, that |
682
|
qualify for special review and approval as specified in this |
683
|
section. The memorandum of agreement must make it clear that |
684
|
this expedited permitting and review process does not modify, |
685
|
qualify, or otherwise alter existing local government |
686
|
nonprocedural standards for permit applications, unless |
687
|
expressly authorized by law. |
688
|
(15)(a)Challenges to state agency action in the expedited |
689
|
permitting process for projects processed under this section are |
690
|
subject to the summary hearing provisions of s. 120.574, except |
691
|
that the administrative law judge's decision, as provided in s. |
692
|
120.574(2)(f), shall be in the form of a recommended order and |
693
|
shall not constitute the final action of the state agency. In |
694
|
those proceedings where the action of only one agency of the |
695
|
state is challenged, the agency of the state shall issue the |
696
|
final order within 10 working days of receipt of the |
697
|
administrative law judge's recommended order. In those |
698
|
proceedings where the actions of more than one agency of the |
699
|
state are challenged, the Governor shall issue the final order |
700
|
within 10 working days of receipt of the administrative law |
701
|
judge's recommended order. The participating agencies of the |
702
|
state may opt at the preliminary hearing conference to allow the |
703
|
administrative law judge's decision to constitute the final |
704
|
agency action. If a participating local government agrees to |
705
|
participate in the summary hearing provisions of s. 120.574 for |
706
|
purposes of review of local government comprehensive plan |
707
|
amendments, s. 163.3184(9) and (10) apply. |
708
|
(b) Challenges to state agency action in the expedited |
709
|
permitting process for establishment of a state-of-the-art |
710
|
biomedical research institution and campus in this state by the |
711
|
grantee under s. 288.955 are subject to the same requirements as |
712
|
challenges brought under paragraph (a), except that, |
713
|
notwithstanding s. 120.574, summary proceedings must be |
714
|
conducted within 30 days after a party files the motion for |
715
|
summary hearing, regardless of whether the parties agree to the |
716
|
summary proceeding. |
717
|
Section 4. (1) It is the intent of the Legislature to use |
718
|
a portion of the funds provided by the Federal Government under |
719
|
section 401(b) of the Jobs and Growth Tax Relief Reconciliation |
720
|
Act of 2003 for the essential governmental service of improving |
721
|
economic opportunities available to the people of this state by |
722
|
attracting new or expanding businesses to, and retaining |
723
|
businesses in, the state. Additionally, the Legislature |
724
|
recognizes that the state spends billions of dollars each year |
725
|
to treat major illnesses such as coronary artery disease, |
726
|
Alzheimer's disease, diabetes, autoimmune diseases, and cancer. |
727
|
It is further the intent of the Legislature to use the funds so |
728
|
provided to advance the essential government service of |
729
|
improving the health of the people of this state by promoting |
730
|
research and development for the prediction, treatment, |
731
|
prevention, and cure of disease. Funding provided under this |
732
|
section will serve these essential government services and help |
733
|
accelerate the development of biomedical research and |
734
|
development projects in the state. |
735
|
(2) For fiscal year 2003-2004, the sum of $310 million is |
736
|
appropriated from the General Revenue Fund to the Office of |
737
|
Tourism, Trade, and Economic Development for the purpose of |
738
|
funding the Scripps Florida Funding Corporation created under |
739
|
this act in the special category Grants and Aids to the Scripps |
740
|
Florida Funding Corporation. Notwithstanding ss. 216.181(16) and |
741
|
216.351, Florida Statutes, the Office of Tourism, Trade, and |
742
|
Economic Development shall disburse $300,000 to cover the |
743
|
staffing and administrative expenses of the corporation as soon |
744
|
as the corporation is formed. Notwithstanding ss. 216.181(16) |
745
|
and 216.351, Florida Statutes, the remaining appropriation shall |
746
|
be disbursed to the corporation in one lump sum upon the |
747
|
execution of the contract between the Scripps Florida Funding |
748
|
Corporation and the grantee, and such disbursement shall be |
749
|
subject to a contract executed between the Office of Tourism, |
750
|
Trade, and Economic Development and the corporation. In the |
751
|
event the corporation and the grantee are unable to execute the |
752
|
contract, all funds appropriated to the corporation in |
753
|
furtherance of this act shall revert to the General Revenue |
754
|
Fund. In the event that the contract is terminated for breach or |
755
|
otherwise, all funds not yet disbursed to the grantee shall be |
756
|
immediately returned to the General Revenue Fund. |
757
|
Section 5. Effective July 1, 2004, paragraph (d) of |
758
|
subsection (6) of section 212.20, Florida Statutes, as amended |
759
|
by section 92 of chapter 2003-402, Laws of Florida, is amended |
760
|
to read: |
761
|
212.20 Funds collected, disposition; additional powers of |
762
|
department; operational expense; refund of taxes adjudicated |
763
|
unconstitutionally collected.-- |
764
|
(6) Distribution of all proceeds under this chapter and s. |
765
|
202.18(1)(b) and (2)(b) shall be as follows: |
766
|
(d) The proceeds of all other taxes and fees imposed |
767
|
pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
768
|
and (2)(b) shall be distributed as follows: |
769
|
1. In any fiscal year, the greater of $500 million, minus |
770
|
an amount equal to 4.6 percent of the proceeds of the taxes |
771
|
collected pursuant to chapter 201, or 5 percent of all other |
772
|
taxes and fees imposed pursuant to this chapter or remitted |
773
|
pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
774
|
monthly installments into the General Revenue Fund. |
775
|
2. Two-tenths of one percent shall be transferred to the |
776
|
Ecosystem Management and Restoration Trust Fund to be used for |
777
|
water quality improvement and water restoration projects. |
778
|
3. After the distribution under subparagraphs 1. and 2., |
779
|
8.814 percent of the amount remitted by a sales tax dealer |
780
|
located within a participating county pursuant to s. 218.61 |
781
|
shall be transferred into the Local Government Half-cent Sales |
782
|
Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
783
|
be transferred pursuant to this subparagraph to the Local |
784
|
Government Half-cent Sales Tax Clearing Trust Fund shall be |
785
|
reduced by 0.1 percent, and the department shall distribute this |
786
|
amount to the Public Employees Relations Commission Trust Fund |
787
|
less $5,000 each month, which shall be added to the amount |
788
|
calculated in subparagraph 4. and distributed accordingly. |
789
|
4. After the distribution under subparagraphs 1., 2., and |
790
|
3., 0.095 percent shall be transferred to the Local Government |
791
|
Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
792
|
to s. 218.65. |
793
|
5. After the distributions under subparagraphs 1., 2., 3., |
794
|
and 4., 2.0440 percent of the available proceeds pursuant to |
795
|
this paragraph shall be transferred monthly to the Revenue |
796
|
Sharing Trust Fund for Counties pursuant to s. 218.215. |
797
|
6. After the distributions under subparagraphs 1., 2., 3., |
798
|
and 4., 1.3409 percent of the available proceeds pursuant to |
799
|
this paragraph shall be transferred monthly to the Revenue |
800
|
Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
801
|
the total revenue to be distributed pursuant to this |
802
|
subparagraph is at least as great as the amount due from the |
803
|
Revenue Sharing Trust Fund for Municipalities and the Municipal |
804
|
Financial Assistance Trust Fund in state fiscal year 1999-2000, |
805
|
no municipality shall receive less than the amount due from the |
806
|
Revenue Sharing Trust Fund for Municipalities and the Municipal |
807
|
Financial Assistance Trust Fund in state fiscal year 1999-2000. |
808
|
If the total proceeds to be distributed are less than the amount |
809
|
received in combination from the Revenue Sharing Trust Fund for |
810
|
Municipalities and the Municipal Financial Assistance Trust Fund |
811
|
in state fiscal year 1999-2000, each municipality shall receive |
812
|
an amount proportionate to the amount it was due in state fiscal |
813
|
year 1999-2000. |
814
|
7. Of the remaining proceeds: |
815
|
a. In each fiscal year, the sum of $29,915,500 shall be |
816
|
divided into as many equal parts as there are counties in the |
817
|
state, and one part shall be distributed to each county. The |
818
|
distribution among the several counties shall begin each fiscal |
819
|
year on or before January 5th and shall continue monthly for a |
820
|
total of 4 months. If a local or special law required that any |
821
|
moneys accruing to a county in fiscal year 1999-2000 under the |
822
|
then-existing provisions of s. 550.135 be paid directly to the |
823
|
district school board, special district, or a municipal |
824
|
government, such payment shall continue until such time that the |
825
|
local or special law is amended or repealed. The state covenants |
826
|
with holders of bonds or other instruments of indebtedness |
827
|
issued by local governments, special districts, or district |
828
|
school boards prior to July 1, 2000, that it is not the intent |
829
|
of this subparagraph to adversely affect the rights of those |
830
|
holders or relieve local governments, special districts, or |
831
|
district school boards of the duty to meet their obligations as |
832
|
a result of previous pledges or assignments or trusts entered |
833
|
into which obligated funds received from the distribution to |
834
|
county governments under then-existing s. 550.135. This |
835
|
distribution specifically is in lieu of funds distributed under |
836
|
s. 550.135 prior to July 1, 2000. |
837
|
b. The department shall distribute $166,667 monthly |
838
|
pursuant to s. 288.1162 to each applicant that has been |
839
|
certified as a "facility for a new professional sports |
840
|
franchise" or a "facility for a retained professional sports |
841
|
franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
842
|
distributed monthly by the department to each applicant that has |
843
|
been certified as a "facility for a retained spring training |
844
|
franchise" pursuant to s. 288.1162; however, not more than |
845
|
$208,335 may be distributed monthly in the aggregate to all |
846
|
certified facilities for a retained spring training franchise. |
847
|
Distributions shall begin 60 days following such certification |
848
|
and shall continue for not more than 30 years. Nothing contained |
849
|
in this paragraph shall be construed to allow an applicant |
850
|
certified pursuant to s. 288.1162 to receive more in |
851
|
distributions than actually expended by the applicant for the |
852
|
public purposes provided for in s. 288.1162(6). However, a |
853
|
certified applicant is entitled to receive distributions up to |
854
|
the maximum amount allowable and undistributed under this |
855
|
section for additional renovations and improvements to the |
856
|
facility for the franchise without additional certification. |
857
|
c. Beginning 30 days after notice by the Office of |
858
|
Tourism, Trade, and Economic Development to the Department of |
859
|
Revenue that an applicant has been certified as the professional |
860
|
golf hall of fame pursuant to s. 288.1168 and is open to the |
861
|
public, $166,667 shall be distributed monthly, for up to 300 |
862
|
months, to the applicant. |
863
|
d. Beginning 30 days after notice by the Office of |
864
|
Tourism, Trade, and Economic Development to the Department of |
865
|
Revenue that the applicant has been certified as the |
866
|
International Game Fish Association World Center facility |
867
|
pursuant to s. 288.1169, and the facility is open to the public, |
868
|
$83,333 shall be distributed monthly, for up to 168 months, to |
869
|
the applicant. This distribution is subject to reduction |
870
|
pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
871
|
made, after certification and before July 1, 2000. |
872
|
e. The department shall distribute monthly to units of |
873
|
local government that have been certified as owning eligible |
874
|
convention centers pursuant to s. 288.1171 an amount equal to |
875
|
one-half of the proceeds, as defined in paragraph (5)(a), |
876
|
received and collected in the previous month by the department |
877
|
under the provisions of this chapter which are generated by such |
878
|
eligible convention centers and remitted on the sales and use |
879
|
tax returns of eligible convention centers. The total |
880
|
distribution to each unit of local government may not exceed $3 |
881
|
million per state fiscal year. Distributions shall begin 60 days |
882
|
following notification of certification by the Office of |
883
|
Tourism, Trade, and Economic Development pursuant to s. 288.1171 |
884
|
and shall continue for not more than 30 years. Distributions |
885
|
shall be used solely to encourage and provide economic |
886
|
development for the attraction, recruitment, and retention of |
887
|
corporate headquarters and of high-technology, manufacturing, |
888
|
research and development, entertainment, and tourism industries |
889
|
as designated by the unit of local government by resolution of |
890
|
its governing body.
|
891
|
8. All other proceeds shall remain with the General |
892
|
Revenue Fund. |
893
|
Section 6. Effective July 1, 2004, section 288.1171, |
894
|
Florida Statutes, is created to read: |
895
|
288.1171 Convention centers owned by units of local |
896
|
government; certification as owning eligible convention centers; |
897
|
duties.--
|
898
|
(1) The Office of Tourism, Trade, and Economic Development |
899
|
shall serve as the state agency for screening applicants for |
900
|
state funding pursuant to s. 212.20(6)(d)7.e. and for certifying |
901
|
an applicant as owning an eligible convention center.
|
902
|
(2) The Office of Tourism, Trade, and Economic Development |
903
|
shall adopt rules pursuant to ss. 120.536(1) and 120.54 for the |
904
|
receipt and processing of applications for funding pursuant to |
905
|
s. 212.20(6)(d)7.e.
|
906
|
(3) As used in this section, the term "eligible convention |
907
|
center" means a publicly owned facility having exhibition space |
908
|
in excess of 60,000 square feet, the primary function of which |
909
|
is to host meetings, conventions, or trade shows.
|
910
|
(4) Prior to certifying an applicant as owning an eligible |
911
|
convention center, the Office of Tourism, Trade, and Economic |
912
|
Development must determine that:
|
913
|
(a) The unit of local government, as defined in s. |
914
|
218.369, owns an eligible convention center.
|
915
|
(b) The convention center contains more than 60,000 square |
916
|
feet of exhibit space.
|
917
|
(c) The unit of local government in which the convention |
918
|
center is located has certified by resolution after a public |
919
|
hearing that the application serves a public purpose pursuant to |
920
|
subsection (7).
|
921
|
(d) The convention center is located in a county that is |
922
|
levying a tourist development tax pursuant to s. 125.0104.
|
923
|
(5) Upon certification of an applicant, the Office of |
924
|
Tourism, Trade, and Economic Development shall notify the |
925
|
executive director of the Department of Revenue of such |
926
|
certification by means of an official letter granting |
927
|
certification. The Department of Revenue may not begin |
928
|
distributing proceeds until 60 days following notice by the |
929
|
Office of Tourism, Trade, and Economic Development that a unit |
930
|
of local government has been certified as owning an eligible |
931
|
convention center.
|
932
|
(6) No applicant previously certified under any provision |
933
|
of this section who has received proceeds under such |
934
|
certification shall be eligible for an additional certification.
|
935
|
(7) A unit of local government certified as owning an |
936
|
eligible convention center may use proceeds provided pursuant to |
937
|
s. 212.20(6)(d)7.e. solely to encourage and provide economic |
938
|
development for the attraction, recruitment, and retention of |
939
|
corporate headquarters and of high-technology, manufacturing, |
940
|
research and development, entertainment, and tourism industries |
941
|
as designated by the unit of local government by resolution of |
942
|
its governing body.
|
943
|
(8) The Department of Revenue may audit as provided in s. |
944
|
213.34 to verify that the distributions pursuant to this section |
945
|
have been expended as required in this section. Such information |
946
|
is subject to the confidentiality requirements of chapter 213. |
947
|
If the Department of Revenue determines that the distributions |
948
|
have not been expended as required by this section, it may |
949
|
pursue recovery of such proceeds pursuant to the laws and rules |
950
|
governing the assessment of taxes.
|
951
|
(9) Failure to use the proceeds as provided in this |
952
|
section shall be grounds for revoking certification.
|
953
|
Section 7. There are hereby appropriated for fiscal year |
954
|
2003-2004 the following amounts to the Office of Tourism, Trade, |
955
|
and Economic Development for strategic economic development |
956
|
programs and initiatives: |
957
|
(1) The sum of $10 million from the General Revenue Fund |
958
|
to the Quick Action Closing Fund created in s. 288.1088, Florida |
959
|
Statutes.
|
960
|
(2) The sum of $5 million from the General Revenue Fund to |
961
|
the entertainment industry financial incentive program created |
962
|
in s. 288.1254, Florida Statutes.
|
963
|
(3) The sum of $3 million from the General Revenue Fund to |
964
|
the Quick Action Closing Fund created in s. 288.1088, Florida |
965
|
Statutes, all of which shall be used to fund projects in rural |
966
|
communities as defined in s. 288.0656(2)(b), Florida Statutes.
|
967
|
(4) The sum of $2 million from the General Revenue Fund to |
968
|
the Rural Infrastructure Fund created in s. 288.0655, Florida |
969
|
Statutes.
|
970
|
(5) The sum of $7.5 million from the General Revenue Fund |
971
|
for fixed capital outlay military base retention projects |
972
|
allocated to the following bases: Tyndall ($2.5 million), |
973
|
Mayport ($2.5 million), and McDill ($2.5 million).
|
974
|
(6) The sum of $10 million from the General Revenue Fund |
975
|
for the purpose of providing one-time fixed capital outlay |
976
|
grants for infrastructure improvements related to the National |
977
|
High Magnetic Field Laboratory, which shall be allocated as |
978
|
follows: the sum of $7.5 million shall be allocated to the |
979
|
Florida State University, and the sum of $2.5 million shall be |
980
|
allocated to the University of Florida.
|
981
|
(7) The sum of $2.5 million from the General Revenue Fund |
982
|
to fund the first ranked fixed capital outlay project of the |
983
|
Regional Cultural Facilities Program Rollover Priority List from |
984
|
fiscal year 2003-2004, which was developed in accordance with |
985
|
1T-1.001(20), Florida Administrative Code.
|
986
|
(8) The sum of $1 million from the General Revenue Fund to |
987
|
the Mote Marine Laboratory for scientific research to prevent |
988
|
harmful algal blooms for the purpose of enhancing Florida |
989
|
seafood production.
|
990
|
(9) The sum of $8 million from the General Revenue Fund |
991
|
for the purpose of providing a one-time fixed capital outlay |
992
|
grant to the University of South Florida to acquire the Fowler |
993
|
Avenue South site as part of its Bioengineering and Life |
994
|
Sciences Research Park.
|
995
|
(10) The sum of $5,000 from the General Revenue Fund for |
996
|
the purpose of developing a plan to implement the convention |
997
|
center sales tax rebate program as established in sections 5 and |
998
|
6.
|
999
|
Section 8. Except as otherwise provided herein, this act |
1000
|
shall take effect upon becoming a law. |
1001
|
|
1002
|
================= T I T L E A M E N D M E N T ================= |
1003
|
Remove the entire title, and insert: |
1004
|
A bill to be entitled |
1005
|
An act relating to economic development strategic |
1006
|
initiatives; creating s. 288.955, F.S.; providing |
1007
|
definitions; creating the Scripps Florida Funding |
1008
|
Corporation to facilitate the establishment and operation |
1009
|
of a biomedical research institution for the purposes of |
1010
|
enhancing education and research and promoting economic |
1011
|
development and diversity; providing for a board of |
1012
|
directors; prohibiting conflicts of interest; providing |
1013
|
penalties; providing powers and duties of the corporation; |
1014
|
providing for investment of funds; requiring an operating |
1015
|
plan; requiring the corporation and a grantee entity to |
1016
|
enter into a contract; providing contract requirements; |
1017
|
providing for performance expectations and disbursement |
1018
|
conditions; providing requirements and criteria; providing |
1019
|
for disbursement and reinvestment of funds; requiring |
1020
|
reports, audits, and evaluations; limiting the use of |
1021
|
funds; providing that the appropriation of funds does not |
1022
|
constitute a debt of the state or a subdivision of the |
1023
|
state nor does it subject the state or a subdivision to |
1024
|
liability; providing for extension of certain deadlines in |
1025
|
certain situations in which the grantee cannot meet |
1026
|
contract conditions with limitations; providing for |
1027
|
resumption of such deadlines; amending s. 20.435, F.S.; |
1028
|
providing for additional funds to be deposited into the |
1029
|
Biomedical Research Trust Fund; deleting a provision for |
1030
|
future termination date of the fund; amending s. 403.973, |
1031
|
F.S.; specifying that projects that are part of the |
1032
|
biomedical research institution and campus are eligible |
1033
|
for the expedited permitting process; providing for |
1034
|
challenges to state agency action in expedited permitting |
1035
|
related to the institution and campus; providing |
1036
|
legislative intent with respect to creating economic |
1037
|
opportunity and improving public health through the |
1038
|
establishment of a biomedical research institution; |
1039
|
amending s. 212.20, F.S.; providing for distribution of a |
1040
|
portion of revenues from the tax on sales, use, and other |
1041
|
transactions to specified units of local government owning |
1042
|
eligible convention centers; creating s. 288.1171, F.S.; |
1043
|
providing for certification of units of local government |
1044
|
owning eligible convention centers by the Office of |
1045
|
Tourism, Trade, and Economic Development; requiring the |
1046
|
office to adopt specified rules; providing a definition; |
1047
|
providing requirements for certification; providing for |
1048
|
use of proceeds distributed to units of local government |
1049
|
under the act; providing for audits by the Department of |
1050
|
Revenue; providing for revocation of certification; |
1051
|
providing appropriations; providing effective dates. |
1052
|
|