Florida Senate - 2010                              CS for SB 850
       
       
       
       By the Committee on Higher Education; and Senators Alexander and
       Gaetz
       
       
       
       589-02479-10                                           2010850c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Institute for
    3         Industrial and Phosphate Research; transferring,
    4         renumbering, and amending s. 378.101, F.S.;
    5         establishing the Florida Institute for Industrial and
    6         Phosphate Research within the University of South
    7         Florida Polytechnic; creating the Phosphate Research
    8         and Activities Board; providing duties, membership,
    9         and terms for the board; providing for an executive
   10         director of the institute; providing duties for the
   11         executive director; providing duties and authorized
   12         activities for the institute; amending s. 211.31,
   13         F.S.; conforming a cross-reference; providing for a
   14         type two transfer of the Florida Institute of
   15         Phosphate Research to the Florida Institute for
   16         Industrial and Phosphate Research within the
   17         University of South Florida Polytechnic; repealing s.
   18         378.102, F.S., relating to the Florida Institute of
   19         Phosphate Research; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 378.101, Florida Statutes, is
   24  transferred, renumbered as section 1004.346, Florida Statutes,
   25  and amended to read:
   26         (Substantial rewording of section. See
   27         s. 378.101, F.S., for present text.)
   28         1004.346 Florida Institute for Industrial and Phosphate
   29  Research.—
   30         (1) INSTITUTE CREATION.—The Florida Institute for
   31  Industrial and Phosphate Research is established within the
   32  University of South Florida Polytechnic.
   33         (2) PHOSPHATE RESEARCH AND ACTIVITIES BOARD.—The Phosphate
   34  Research and Activities Board is created to monitor the
   35  expenditure of funds appropriated to the university from the
   36  Phosphate Research Trust Fund.
   37         (a) The board shall approve an annual report, prepared by
   38  the institute executive director, which outlines the expenditure
   39  of the funds appropriated to the university from the Phosphate
   40  Research Trust Fund and describes the various phosphate-related
   41  projects and institute operations funded by those moneys.
   42         (b) The board shall consist of five members. The Governor
   43  shall appoint two persons representing the phosphate mining or
   44  processing industry and one member representing a major
   45  environmental conservation group in the state. The Secretary of
   46  Environmental Protection or his or her designee and the Campus
   47  Executive Officer of the University of South Florida Polytechnic
   48  shall also serve as board members.
   49         (c) Members of the board appointed by the Governor shall be
   50  appointed to 3-year terms. A board member may continue to serve
   51  until a successor is appointed, but not more than 180 days after
   52  the expiration of his or her term. A board member is eligible
   53  for reappointment to subsequent terms.
   54         (d) Board members shall annually elect a chair from among
   55  the membership.
   56         (e) Board members shall serve without compensation, but are
   57  entitled to reimbursement for per diem and travel expenses as
   58  provided in s. 112.061.
   59         (3) INSTITUTE EXECUTIVE DIRECTOR.—An executive director
   60  shall be designated by and serve at the pleasure of the Campus
   61  Executive Officer of the University of South Florida Polytechnic
   62  or his or her designee. The executive director shall be
   63  responsible for the daily administration of the institute,
   64  including the expenditure of funds from all sources. The
   65  executive director shall consult with the Phosphate Research and
   66  Activities Board on the projects that the institute expects to
   67  undertake using moneys appropriated from the Phosphate Research
   68  Trust Fund.
   69         (4) INSTITUTE DUTIES AND AUTHORIZED ACTIVITIES.—
   70         (a) The institute shall:
   71         1. Establish methods for better and more efficient
   72  practices for phosphate mining and processing.
   73         2. Conduct or contract for studies on the environmental and
   74  health effects of phosphate mining and reclamation.
   75         3. Conduct or contract for studies of reclamation
   76  alternatives and technologies in phosphate mining and processing
   77  and wetlands reclamation.
   78         4. Conduct or contract for a comprehensive study of
   79  phosphatic clay and phosphogypsum disposal and utilization as a
   80  part of phosphate mining and processing.
   81         5. Provide the public with access to the results of its
   82  activities and maintain a public library related to the
   83  institute’s activities, which may contain special collections.
   84         (b) The institute may:
   85         1. Research and develop methods for better and more
   86  efficient processes and practices for commercial and industrial
   87  activities, including, but not limited to, mitigating the health
   88  and environmental effects of such activities as well as
   89  developing and evaluating alternatives and technologies.
   90         2. Secure funding from grants and other available sources
   91  for carrying out the activities authorized or required under
   92  this section.
   93         3. Enter into contracts with any firm, institution, or
   94  corporation, or federal, state, local, or foreign governmental
   95  agency, to carry out the activities authorized or required under
   96  this section.
   97         4. Promote the application, patenting, and
   98  commercialization of the institute’s technologies, knowledge,
   99  and intellectual property in accordance with university policies
  100  and procedures.
  101         5. Educate the public about the science related to topics
  102  and issues that are within the institute’s scope of expertise.
  103         6. Hold public hearings.
  104         7. Establish public-private partnerships.
  105         8. Provide consulting services.
  106         Section 2. Subsection (4) of section 211.31, Florida
  107  Statutes, is amended to read:
  108         211.31 Levy of tax on severance of certain solid minerals;
  109  rate, basis, and distribution of tax.—
  110         (4) The expenses of administering this part and ss.
  111  378.021, 378.031, and 1004.346 378.101 shall be borne by the
  112  Land Reclamation Trust Fund, the Nonmandatory Land Reclamation
  113  Trust Fund, and the Phosphate Research Trust Fund.
  114         Section 3. All powers, duties, functions, records,
  115  personnel, property, and unexpended balances of appropriations,
  116  allocations, and other funds of the Florida Institute of
  117  Phosphate Research are transferred by a type two transfer
  118  pursuant to s. 20.06(2), Florida Statutes, to the Florida
  119  Institute for Industrial and Phosphate Research within the
  120  University of South Florida Polytechnic.
  121         Section 4. Section 378.102, Florida Statutes, is repealed.
  122         Section 5. This act shall take effect upon becoming a law.