HB 149

1	A bill to be entitled
2	An act relating to the Florida Institute of Phosphate
3	Research; amending s. 378.101, F.S.; renaming the Florida
4	Institute of Phosphate Research as the Florida Institute
5	of Polytechnic and Phosphate Research; revising provisions
6	relating to the powers and duties of the institute;
7	authorizing the institute to secure funding from public,
8	private, foreign, and domestic sources; requiring the
9	deposit of certain proceeds into the Phosphate Research
10	Trust Fund; revising provisions relating to the number and
11	appointment of members to the board of directors; amending
12	s. 378.102, F.S.; conforming terminology; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 378.101, Florida Statutes, is amended
18	to read:
19	378.101  Florida Institute of Polytechnic and Phosphate
20	Research.--
21	(1)  The There is created a Florida Institute of
22	Polytechnic and Phosphate Research, an independent state
23	research agency at the University of South Florida Polytechnic,
24	which is empowered:
25	(a)  To promote the economic development of the state
26	through application and commercialization of research conducted
27	or caused to be conducted by the institute.
28	(b)  To assist the University of South Florida in
29	education, research, commercialization, and business incubation
30	activities.
31	(c)(a)  To conduct or cause to be conducted such
32	environmental studies related to radiation and water supply and
33	consumption, or other environmental or health effects of
34	commercial and industrial activities, including phosphate mining
35	and reclamation, as may from time to time be deemed reasonably
36	necessary by the institute for the health, safety, and welfare
37	of the citizens of this state and particularly the citizens of
38	the regions where phosphate mining or processing occurs.
39	(d)(b)  To conduct or cause to be conducted studies a
40	thorough and comprehensive study of reclamation alternatives and
41	technologies in commercial and industrial activities, including
42	the phosphate mining and or processing and industry, including
43	wetlands reclamation.
44	(e)(c)  To conduct or cause to be conducted a thorough and
45	comprehensive study of phosphatic clay and phosphogypsum
46	disposal and utilization as a part of phosphate mining and
47	processing, together with all environmental or land use related
48	thereto.
49	(f)(d)  To establish methods for better and more efficient
50	practices for commercial and industrial activities, including
51	phosphate recovery mining and processing, in this state as it
52	may determine most beneficial to the economy, environment, and
53	way of life of the citizens of the state.
54	(g)(e)  To enter into any mutually satisfactory contract
55	with any firm, institution, corporation, or government federal
56	or state agency, both domestic and foreign, as may be reasonably
57	required or desired in carrying out the research, and studies,
58	and commercialization activities specified in this section
59	herein authorized.
60	(h)  To maintain and expand a public library with special
61	collections related to its research activities.
62	(i)(f)  To make available to the public the results of its
63	research and commercialization activities program so that the
64	research efforts will result in the public being better informed
65	as to the effects of commercial and industrial activities,
66	including phosphate mining and processing in the state.
67	(j)  To educate the public about the science related to
68	topics and issues that are within its areas of expertise.
69	(k)(g)  To hold public hearings and consult with
70	representatives of the phosphate industry and other industries
71	related to institute research and all other interested parties;
72	to assign priorities for its research and studies; to make
73	public from time to time its intentions as to future research
74	and study; and to allocate its resources and personnel for such
75	research and studies as it may determine from time to time to be
76	in the public interest.
77	(l)(h)  To provide suitable and sufficient laboratory
78	facilities and equipment, making use insofar as practical of the
79	existing laboratory facilities and equipment of the State
80	University System and other facilities as may be available, for
81	carrying out the research activities specified in this section
82	and studies herein authorized.
83	(m)(i)  To administer the Phosphate Research Trust Fund and
84	to expend funds therefrom for its administration and for
85	carrying out the phosphate research activities specified
86	purposes set forth in this section. The Phosphate Research Trust
87	Fund shall be subject to the service charge imposed pursuant to
88	chapter 215.
89	(n)  To secure funding from public, private, foreign, and
90	domestic sources for carrying out the research activities
91	specified in this section.
92	(o)  To take actions necessary to promote the application
93	and commercialization of its technologies, knowledge, and
94	intellectual property; to provide consulting services; to
95	establish public-private partnerships; and to obtain equity
96	stakes in and foster the growth of business entities in the
97	development and commercialization of its technologies.
98	(2)  The institute may develop work products relating to
99	research that which is subject to trademark, copyright, or
100	patent protection. Notwithstanding any law to the contrary, the
101	institute may:
102	(a)  Secure patents, copyrights, or trademarks on any of
103	its work products and enforce its rights in such products. It
104	shall consider contributions by institute personnel,
105	contractors, and grantees in the development of such products
106	and shall enter into written agreements with them establishing
107	the interests of the respective parties in each patent,
108	copyright, or trademark it secures.
109	(b)  License, lease, or assign, or otherwise give consent
110	to other persons for the manufacture or use of, work products it
111	develops and receive royalties or other consideration for such
112	use.
113	(c)  Take any action necessary to protect its work products
114	from improper or unlawful use or infringement.
115	(d)  Collect any sums due it for the manufacture or use by
116	any other person of such work products.
117	(e)  Sell its interest in or rights to any work products it
118	owns.
119	(f)  Do all acts necessary to exercise its powers and
120	perform its duties. Any action taken by the institute in
121	securing or exploiting such patents, copyrights, or trademarks
122	shall, within 30 days, be reported in writing to the Department
123	of State. Any proceeds received by the institute under this
124	subsection for work products resulting from phosphate research
125	activities shall be deposited in the Phosphate Research Trust
126	Fund for use as provided by law.
127	(3)(a)  The institute may establish policies necessary to
128	administer its research activities programs to ensure assure
129	their efficiency and effectiveness and promote the application
130	and commercialization of its work products, producing the
131	maximum benefit to the economy, environment, and residents of
132	this state.
133	(b)  Materials that which relate to methods of manufacture
134	or production, actual or potential trade secrets, patentable or
135	potentially patentable materials, business transactions, or
136	proprietary information pertaining to research conducted by or
137	on behalf of the institute shall be confidential and exempt from
138	the provisions of s. 119.07(1), except that the institute shall
139	disclose, upon request, the title and description of any
140	research project, the researchers' names, and the amount and
141	source of funding provided for such project.
142	(4)(a)  The work of the Florida institute of Phosphate
143	Research shall be directed by a seven-member five-member board
144	of directors appointed by the Governor. The board shall be
145	composed of two members one member from the faculty or
146	administration of universities a university within the State
147	University System, at least one of whom is from the University
148	of South Florida Polytechnic, one member from a major economic
149	development group in this state, one member from a major
150	conservation group in this state, one member from state
151	government, and two members from the phosphate mining or
152	processing industry. The Governor shall make these appointments
153	on the basis of their ability to set priorities for the
154	phosphate research and commercialization and otherwise give
155	direction to a professional, efficient, and broad phosphate
156	research effort. In setting such priorities, emphasis shall be
157	given to applied research that which tends to solve real
158	problems of the industry in which the public has a substantial
159	interest.
160	(b)  Members of the board of directors shall serve 3-year
161	terms, or serve until successors are appointed. A member of the
162	board of directors shall be eligible for reappointment.
163	(c)  A vacancy occurring other than by expiration of a term
164	shall be filled by appropriate appointment for the remainder of
165	the unexpired term in the same manner as the original
166	appointment. However, no single vacancy in the board of
167	directors shall impair the right of the remaining members to
168	exercise the powers of the board of directors.
169	(d)  The members of the board of directors shall select a
170	chair.
171	(e)  The policies and decisions of the board shall be
172	implemented through an executive director chosen by the board on
173	the basis of professional competence, both scientific and
174	administrative.
175	(f)  The board shall adopt rules necessary to carry out the
176	duties and responsibilities of the institute.
177	Section 2.  Subsection (1) and paragraph (b) of subsection
178	(2) of section 378.102, Florida Statutes, are amended to read:
179	378.102  Florida Institute of Polytechnic and Phosphate
180	Research; procurement of research services.--
181	(1)  SHORT TITLE.--This section may be cited as the
182	"Florida Institute of Polytechnic and Phosphate Research
183	Competitive Negotiation Act."
184	(2)  DEFINITIONS.--As used in this section, the term:
185	(b)  "Institute" means the Florida Institute of Polytechnic
186	and Phosphate Research.
187	Section 3.  This act shall take effect July 1, 2010.

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