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