HB 1507

1
A bill to be entitled
2An act relating to economic development; providing
3legislative intent; creating s. 288.96, F.S.; establishing
4the Florida Vaccine Research Institute in the College of
5Pharmacy and Pharmaceutical Sciences at Florida
6Agricultural and Mechanical University; prescribing
7purposes for the institute; requiring the Florida Board of
8Governors to enter into an agreement with a not-for-profit
9corporation to govern and operate the institute; providing
10agreement requirements; providing for a board of directors
11of the not-for-profit corporation; specifying membership;
12specifying terms; authorizing the Florida Board of
13Governors to secure liability protection for the
14corporation and subsidiaries; providing for dissolution;
15providing for administration of the institute by a chief
16executive officer; providing powers and duties of the
17chief executive officer; requiring the board of directors
18of the not-for-profit corporation to create a council of
19scientific advisors; providing for appointment of council
20members; providing duties of the council; specifying that
21the not-for-profit corporation and any subsidiaries are
22not agencies for certain purposes; providing for public-
23records access; requiring the Office of Program Policy
24Analysis and Government Accountability to conduct a
25performance audit of the Florida Board of Governors and
26the institute; specifying audit requirements; providing
27for program evaluation; specifying that appropriations or
28disbursement of moneys do not constitute debt, liability,
29or obligation of the state or a pledge of the faith and
30credit of the state or subject the state to certain
31liabilities; requiring state appropriations to the
32institute to be paid directly by warrant to the not-for-
33profit corporation; providing an appropriation; providing
34an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  It is the intent of the Legislature to improve
39economic opportunities available to the people of this state by
40attracting new or expanding businesses and retaining businesses
41in this state. Additionally, the Legislature recognizes that the
42state spends millions of dollars each year to attract talented
43students to universities and community colleges in this state
44and to educate them in such a way as to create a substantial
45workforce targeted at high-skill high-wage occupations. Economic
46development projects such as the Florida Vaccine Research
47Institute established in this act provide opportunities for
48graduates of universities and community colleges in this state
49to return benefit to this state by working in this state rather
50than taking their considerable skills and talents, obtained
51through this state's higher education system and funding, to
52seek employment in other states. The State of Florida invests
53millions of dollars each year in its systems of higher education
54to attract, retain, and educate talented, scientific and high-
55technology students and the programs that provide those students
56superior educations. To realize a return on that investment,
57this state must have employment opportunities through economic
58development and diversity, as provided by the Florida Vaccine
59Research Institute established in this act, where graduates of
60Florida universities and colleges and like-minded students and
61scientists from other states can optimally match skills. It is
62further the intent of the Legislature to advance the essential
63government services of improving the health of the people of
64this state by promoting research and development for the
65prediction, treatment, prevention, and cure of flu-related
66diseases. The Florida Vaccine Research Institute will serve
67these essential government services and help accelerate the
68development of vaccines and biodefense research and development
69projects.
70     Section 2.  Section 288.96, Florida Statutes, is created to
71read:
72     288.96  Florida Vaccine Research Institute.--The Florida
73Vaccine Research institute is established in the College of
74Pharmacy and Pharmaceutical Sciences at Florida Agricultural and
75Mechanical University. The institute is established for the
76purposes of enhancing education and research, promoting economic
77development and economic diversity, exploring novel approaches
78to vaccine development, exploring the use of plant and animal
79cell culture microbes, and developing cleaner and faster
80approaches to the production of biodefense mechanisms, flu
81vaccine, other vaccines, and related products. The institute
82shall advance economic development and economic diversity as it
83expands the level and prominence of biomedical research
84conducted in this state. The institute shall provide an
85inducement for high-technology businesses and employees to
86locate or remain in this state, create educational opportunities
87through access to and partnerships with businesses, and promote
88improved health care through the scientific outcomes of the
89institution.
90     (1)  The Florida Board of Governors shall enter into an
91agreement with a not-for-profit corporation organized in this
92state solely for the purposes of governing and operating the
93Florida Vaccine Research Institute. The agreement shall provide
94for the Florida Vaccine Research Institute to use on-campus or
95off-campus facilities in the Florida Agricultural and Mechanical
96University College of Pharmacy and Pharmaceutical Sciences, and
97shall provide for all furnishings, equipment, and other property
98to be used in the operation of those facilities. The not-for-
99profit corporation, acting as an instrumentality of this state,
100shall govern and operate the Florida Vaccine Research Institute
101in accordance with the terms of the agreement between the
102Florida Board of Governors and the not-for-profit corporation.
103The not-for-profit corporation may, with the prior approval of
104the Florida Board of Governors, create for-profit or not-for-
105profit corporate subsidiaries, or both, to fulfill its mission.
106The not-for-profit corporation and its subsidiaries may receive,
107hold, invest, and administer property and any moneys received
108from private, local, state, and federal sources, as well as
109technical and professional income generated or derived from
110economic activities of the institute, for the benefit of the
111institute and the fulfillment of its mission. The affairs of the
112not-for-corporation shall be managed by a board of directors,
113who shall serve without compensation. The President of Florida
114Agricultural and Mechanical University and the chairs of the
115Florida Agricultural and Mechanical University Board of Trustees
116and the Florida Board of Governors, or their designees, shall be
117directors of the not-for-profit corporation. The director of the
118Office of Tourism, Trade, and Economic Development shall serve
119as an ex officio member. The President of the Florida
120Agriculture and Mechanical University Faculty Senate, the Dean
121of the College of Pharmacy and Pharmaceutical Sciences, and no
122more than 10 nor fewer than 5 directors who are not state
123employees and who are elected by a majority of those then
124serving on the board shall also serve on the board. Each
125director shall have one vote, shall serve a term of 3 years, and
126shall serve multiple terms on the board. The chair of the board
127of directors shall be selected by majority vote of the
128directors.
129     (2)  The Florida Board of Governors shall provide in the
130agreement with the not-for-profit corporation for the following:
131     (a)  Approval of the articles of incorporation of the not-
132for-profit corporation by the Florida Board of Governors.
133     (b)  Approval of the articles of incorporation of any not-
134for-profit corporate subsidiary created by the not-for-profit
135corporation.
136     (c)  Use of lands, facilities, and personnel by the not-
137for-profit corporation and its subsidiaries for research,
138education, vaccine, other drug development, and for mutually
139approved teaching and research programs conducted by Florida
140Agricultural and Mechanical University or other accredited
141schools or research institutes.
142     (d)  Preparation of an annual financial audit of the not-
143for-profit corporation's accounts and records and the accounts
144and records of any subsidiaries to be conducted by an
145independent certified public accountant. The annual audit report
146shall include a management letter, as defined in s. 11.45, and
147shall be submitted to the Auditor General and the Florida Board
148of Governors. The Florida Board of Governors, the Auditor
149General, and the Office of Program Policy Analysis and
150Government Accountability may require and receive from the not-
151for-profit corporation and any subsidiaries or from their
152independent auditor any detail or supplemental data relative to
153the operation of the not-for-profit corporation or subsidiary.
154     (e)  Submission of a business plan by the not-for-profit
155corporation in a form and manner prescribed by the board of
156directors.
157     (f)  Provision by the not-for-profit corporation and its
158subsidiaries of equal employment opportunities to all persons
159regardless of race, color, religion, gender, age, or national
160origin.
161     (3)  The Florida Board of Governors may secure
162comprehensive general liability protection, including
163professional liability protection, for the not-for-profit
164corporation and its subsidiaries pursuant to s. 1004.24. The
165not-for-profit corporation and its subsidiaries are exempt from
166any participation in any property insurance trust fund
167established by law, including any property insurance trust fund
168established pursuant to chapter 284, so long as the not-for-
169profit corporation and its subsidiaries maintain property
170insurance protection with comparable or greater coverage limits.
171     (4)  If the agreement between the not-for-profit
172corporation and the Florida Board of Governors is terminated for
173any reason, Florida Agricultural and Mechanical University shall
174provide for dissolution.
175     (5)  The institute shall be administered by a chief
176executive officer, who shall serve at the pleasure of the board
177of directors of the not-for-profit corporation and who shall
178have the following powers and duties, subject to the approval of
179the board of directors:
180     (a)  The chief executive officer shall establish programs
181that fulfill the mission of the institute in research and
182education; however, the chief executive officer may not, without
183prior approval of the Florida Board of Governors, establish
184academic programs for which academic credit is awarded or which
185terminate in the conferring of a degree.
186     (b)  The chief executive officer shall have control over
187the budget and the moneys appropriated or donated to the
188institute from private, local, state, and federal sources, as
189well as technical and professional income generated or derived
190from practice activities of the institute.
191     (c)  The chief executive officer shall appoint members to
192carry out the production, research, patient care, and
193educational activities of the institute and determine
194compensation, benefits, and terms of service. Members of the
195institute shall be eligible to hold concurrent appointments at
196affiliated academic institutions. University faculty are
197eligible to hold concurrent appointments at the institute.
198     (d)  The chief executive officer shall have control over
199the use and assignment of space and equipment within the
200facilities.
201     (e)  The chief executive officer may create the
202administrative structure necessary to carry out the mission of
203the institute.
204     (f)  The chief executive officer shall have a reporting
205relationship to the President of Florida Agricultural and
206Mechanical University.
207     (g)  The chief executive officer shall provide a copy of
208the institute's annual report to the Governor and Cabinet, the
209President of the Senate, and the Speaker of the House of
210Representatives.
211     (6)  The board of directors of the not-for-profit
212corporation shall create a council of scientific advisors to the
213chief executive officer consisting of leading researchers,
214physicians, and scientists. The council shall review programs
215and recommend research priorities and initiatives so as to
216maximize the state's investment in the institute. The council
217shall be appointed by the board of directors of the not-for-
218profit corporation. Each member of the council shall be
219appointed to serve a 2-year term and may be reappointed, except
220initially seven members shall be appointed for a 1-year term.
221     (7)  In carrying out the provisions of this section, the
222not-for-profit corporation and its subsidiaries are not
223"agencies" within the meaning of s. 20.03(11).
224     (8)  Records of the not-for-profit corporation and of its
225subsidiaries are public records unless made confidential or
226exempt by law.
227     (9)  Before January 1, 2008, the Office of Program Policy
228Analysis and Government Accountability shall conduct a
229performance audit of the Florida Board of Governors and the
230Florida Vaccine Research Institute relating to provisions of
231this section. The audit shall assess the implementation and
232outcomes of activities under this section. At a minimum, the
233audit shall address:
234     (a)  Performance of the Florida Board of Governors in
235disbursing funds appropriated under this section.
236     (b)  Performance of the institute in managing the not-for-
237profit corporation.
238     (c)  Compliance by the institute with the provisions of
239this section and provisions of the agreement.
240     (d)  Economic activity generated through funds disbursed
241under the agreement.
242     (10)(a)  The appropriation or disbursement of funds under
243this section does not constitute any debt, liability, or
244obligation of the State of Florida or any political subdivision
245of the state or a pledge of the faith and credit of the state or
246of any political subdivision of the state.
247     (b)  The appropriation or disbursement of funds under this
248section does not subject the State of Florida, or any political
249subdivision of the state, to liability related to the
250manufacturing, research activities, and research products of the
251institute.
252     (11)  State appropriations to the institute shall be paid
253directly to the not-for-profit corporation by warrant drawn by
254the Chief Financial Officer from the State Treasury.
255     Section 3.  An amount sufficient to carry out the
256provisions of this act during the 2005-2006 fiscal year is
257appropriated from the General Revenue Fund to the Florida
258Vaccine Research Institute in the College of Pharmacy and
259Pharmaceutical Sciences at Florida Agricultural and Mechanical
260University.
261     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.