Development of FIPR-Funded Projects
Strategic Research Priority Issues
The Florida Legislature created the Florida Institute of Phosphate Research (FIPR) in 1978 to initiate, conduct or sponsor studies to minimize or rectify any negative impact of phosphate mining and processing on the environment and improve the industry's positive impact on the economy. This includes developing better techniques for reclaiming land, and developing more efficient mining and processing technologies.
Florida's Governor appoints members of the Board of Directors that govern the Institute. The Board must include one state university system faculty member, one major Florida environmental group member, one regulatory member (customarily from the Florida Department of Environmental Protection), and two phosphate industry members. Board members serve three-year terms, but may be re-appointed.
The state Legislature founded FIPR to determine the scientific facts associated with the phosphate industry's impact on the environment and the health and safety of Florida's citizens. FIPR is an independent state research organization with a mission to conduct, or cause to be conducted, studies that would improve phosphate industry efficiency, reduce its use of water and energy resources, and enhance efforts to reclaim the land that mining and processing affects. FIPR also is obligated to educate and inform Florida citizens about phosphate issues. Environmentalists, public officials, regulators, phosphate industry representatives, and the general public help determine FIPR's research priorities. FIPR holds periodic public workshops to solicit input from these groups to ensure that its research priorities are consistent with its mandate.
Research projects often pertain to more than one of FIPR's research areas - Mining/Beneficiation, Chemical Processing, Reclamation/Restoration and Environmental Services - because they have components that fit under more than one heading. For example, research on phosphogypsum, a by-product of phosphate fertilizer production, may include chemical processing of the phosphate, recycling or handling of the process water, using the by-product, or reclamation of a closed phosphogypsum stack.
Environmental concerns reflected by FIPR's research funding include wildlife habitat restoration, wetland reclamation, upland reclamation, waste clay pond reclamation, radiation (radon) associated with phosphate mining/processing, understanding hydrologic systems and water quality issues, and phosphogypsum stacks. Efforts to increase industry efficiency include examining column flotation and other techniques to improve phosphate recovery, finding energy-efficient ways to pump the ore, developing new techniques to reduce the amount of chemicals used, testing on-stream analytical methods for process control, defining ways to utilize by-products such as phosphogypsum, and developing technology to hasten clay consolidation.
FIPR conducts seminars, conferences , and workshops on subjects pertaining to its research program. The Institute also has an education program aimed at using its scientific, environmental and technical expertise and information to enhance science and environmental studies in the schools and in the community.
FIPR has a dedicated staff of professionals, including chemists, biologists, engineers, librarians, a public information specialist, education coordinator, research assistants, and administrative personnel. The Institute has more than 25 full- and part-time employees.
The Institute is located on the western edge of Bartow, Florida -- Polk County's seat and the heart of the phosphate mining district. FIPR occupies eight acres of land that once was mined and has been reclaimed. The campus contains three buildings, housing administrative offices, a biological laboratory and greenhouse, a metallurgical laboratory and an analytical chemistry laboratory.
There is also a full-service library that contains the largest collection of phosphate-related information in the world. The library is open to the public with and has the ability to access technical references through extensive on-line resources and on the Internet. A description of the library services and its collection can be found on the FIPR Home Page at http://www.fipr.state.fl.us
Under the provisions of Chapter 186, Section 186.022(1), Florida Statutes, the purpose of the Agency Strategic Plan (ASP) is to identify the strategic priority directions an agency will take to fulfill its mission within the context of the State Constitution, the State Comprehensive Plan (SCP), Florida Statutes, and other statutory mandates or authorizations. The plan must be consistent with and further the goals of the SCP. Further, each agency strategic plan must identify the specific legislative authority necessary to implement the provisions of the plan.
FIPR's 1998 - 2003 Strategic Research Priorities
Environment
Technology
Beginning in July of 1997, FIPR scheduled and conducted a series of workshops (public, staff, advisory) to help facilitate revisions/updates to its strategic research and planning efforts. These workshops were extremely beneficial in obtaining direct input from all of FIPR's stakeholders. The major changes to this ASP provide for enhanced research and technology linkages to public benefit, environment, reclamation/restoration, and mining processes.
In December of 1997, FIPR began work to incorporate the provisions of Chapter 216, Florida Statutes, Performance Based Program Budgeting (PB2) into its planning and budgeting processes.
Notably, some previous supporting approaches for accomplishment of a particular objective have been completed and therefore have been deleted from the plan, while others have been modified or added to integrate related stakeholder inputs. FIPR's 1998-2003 Agency Strategic Plan (ASP) provides the Mission that must be accomplished, describes the Institute's Strategic Research, Programmatic and Management Priorities with the accompanying strategic objectives and approaches to help ensure mission accomplishment.
MISSION STATEMENT
"The mission of The Florida Institute of Phosphate Research (FIPR) is to maintain a leadership role in identifying, funding, disseminating and assuring the scientific validity of research that will:
The Institute, a state agency, accomplishes this mission by:
VALUES STATEMENT
We, the Board and Staff of the Florida Institute of Phosphate Research (FIPR), commit to the following values:
Institute-funded projects are directed at solving real problems identified with the mining and processing of phosphate rock in Florida, in which the public has a substantial interest. Projects originate from one or more of the following sources:
This document is intended to provide guidance for proposal topic development for all the above sources, but it is specially targeted at the unsolicited proposal process.
The Institute and its reviewers attempt to answer the following three questions when evaluating whether proposals are in the public interest :
Environmental Research Priorities
I. Environment
Objective
Through 2002, evaluate the effects of phosphate industry activities on the environment and develop improved methods for minimizing negative impacts and for restoring ecological (terrestrial and aquatic) and hydrologic systems.
Approach 1. Evaluate the impacts of phosphate mining, processing, and amelioration practices (including reclamation and pollution control) on the environment.
Approach 2. Further develop mapping, modeling and related visualization tools and databases to assist in the evaluation and implementation of ecological and hydrological system restoration.
Approach 3. Further develop techniques for reclaiming and restoring mined lands to improve their functioning and to facilitate their integration into larger landscapes and ecosystems, including habitat networks and greenways.
Approach 4. Further develop and evaluate methods to facilitate hydrologic restoration of streams, to improve groundwater recharge; and to enhance the quantity and quality of the water supply for human and ecological needs.
Approach 5. Further develop and refine hydrologic models.
Approach 6. Further develop techniques for assessing and reducing the impacts of mining and processing on local and regional surface and groundwater resources and systems.
II. Reclamation/Restoration
Objective
Through 2002, continue the development of technology for restoring ecological and hydrological systems and for reclaiming mining and processing disturbances or wastes to a more environmentally desirable and useful condition.
Approach 1. Further develop techniques and recommendations for reducing mining impacts and for reclaiming and restoring critical habitats and ecological systems, including wetlands, streams, lakes, xeric uplands, flatwoods, etc.
Approach 2. Further develop meaningful and measurable criteria for assessing restoration success.
Approach 3. Further develop seed sources and methods of establishment for important native plant species.
Approach 4. Further develop appropriate techniques for post-planting vegetation management on uplands and wetlands, including weed control.
Approach 5. Document the ecological characteristics, including wildlife populations and habitat utilization and fragmentation, on unmined versus mined and reclaimed lands, and develop techniques and recommendations for habitat restoration and reintroduction of important species.
Approach 6. Further develop techniques and recommendations for designing, constructing and managing mine pit lakes to enhance their ecological and recreational values.
Approach 7. Investigate ways to improve soil conditions on reclaimed lands, including reducing compaction and optimizing nutrient and moisture conditions.
Approach 8. Further develop economical techniques and recommendations for closing phosphogypsum stacks and minimizing hydrologic and water quality impacts on their surroundings.
Approach 9. Further develop techniques and recommendations for reclaiming clay settling areas that will enhance their hydrologic functioning and increase their usefulness for wildlife habitat, forests, wetlands, agriculture, etc.
III. Public Health
Objective
By 2002, define the magnitude of public and occupational health aspects of radiation, hazardous or toxic materials, and air and water pollutants.
Approach No. 1. Conduct and sponsor studies of chemical and radiological contaminants in air, water, and soil to determine if there are significant risks to public health for persons residing in phosphate regions.
Approach No. 2. Continue studies to determine if there are significant occupational-related risks to the health or safety of persons employed within the phosphate industry.
Approach No. 3. Conduct educational programs to inform the public about radiation and other environmental issues related to public health concerns.
Technology
IV. Phosphogypsum and Process Water
Objective 1
Through 2002, further develop technology that will allow a reduction in the rate of accumulation of phosphogypsum per ton of phosphoric acid by 15%, adjusted to account for declining matrix grade.
Approach No. 1. Produce phosphogypsum that can be widely used for construction and agriculture in a way that minimizes environmental impacts.
Approach No. 2. Further develop and demonstrate environmentally acceptable uses for phosphogypsum.
Approach No. 3. Further develop factual information on actual risks and economic benefits of various uses of phosphogypsum.
Approach No. 4. Provide scientific support and information to FDEP, US EPA and other interested parties that can be used in their regulations and rules that impact the use of phosphogypsum.
Approach No. 5. Further develop viable alternative phosphoric acid manufacturing technologies to reduce (or eliminate) the production of phosphogypsum.
Objective 2 Through 2002, further develop technology to raise the pH of phosphoric acid process water (pond water) to 2 or above, thus precluding future regulation under RCRA Subtitle C.
Approach No. 1. Reduce fluoride in the process water by recovering the fluoride and using it for salable products.
Approach No. 2. Improve the efficiency of the phosphoric acid process to reduce the amount of acid that ends up in the process water.
Approach No. 3. Partially neutralize the process water while still recovering the phosphate.
V. Mining and Rock Processing Efficiency
Objective 1
Through 2002, further develop technology to improve the efficiency of the phosphate industry with respect to one or more of the following: energy use by 10%, flotation chemicals consumption by 15%, or overall recovery (reduce loss) of phosphate mined by 10%, adjusted to account for declining matrix grade, compared to 1996.
Approach No. 1. Develop new, more efficient mining, beneficiation, processing and transportation methods.
Approach No. 2. Continue the development of an economically viable process for removing dolomite from the feed to the phosphoric acid plant.
Approach No. 3. Further develop techniques to improve phosphate recovery.
Approach No. 4. Develop, install and utilize computer process control and instantaneous analysis in an operating plant.
Approach No. 5. Improve chemical utilization in the conditioning step of phosphate flotation and the defoaming step at processing plants.
Objective 2 Through 2002, further develop technology to reduce deep well water consumption per ton of phosphate rock.
Approach No. 1. Improve amine flotation when using recycled water.
Approach No. 2. Recover more of the water held in phosphatic clays.
VI. Waste Clay Ponds
Objective
Through 2000, further develop economical processes for consolidating phosphatic clays that will reduce the need to construct new waste clay ponds.
Approach No. 1. Continue the development of rapid clay consolidation techniques to release water more quickly for recycling.
Approach No. 2. Continue the development of acceptable uses for phosphatic clays.
Approach No. 3. Continue the development of techniques to maximize the storage capacity of waste clay ponds.
Approach No. 4. Continue the development of technology that would eliminate, or reduce the size of, waste clay ponds.
Objective Through January 1, 1999, further develop a public information program that continues to provide the public with current information on phosphate technology and issues.
Approach 1. Further develop a Public Information Program that links FIPR's public education, library and information management priorities with technology initiatives.
Approach 2. Continue to improve the FIPR home page on the Internet.
Approach 3. Develop and implement an interactive "Phosphate Forum" on the Internet on phosphate technology and issues. Link to related public education, library and information management initiatives.
Approach 4. Establish and maintain close contacts with media personnel. Develop and publish research reports or news releases that provide current information on phosphate technology and issues that can be used by the news media. Use this reporting process as part of the framework for developing the FIPR Annual Report.
Approach 5. Develop information on implementing phosphate technology
Objective Through July 1, 1999, further develop programs to educate the public about phosphate technology and environmental issues.
Stakeholder A - Educators and Children in grades K through 12.
Approach 1. Further develop a FIPR public education program to include at a minimum:
Approach 2. Develop and publish a public education curriculum brief to be available and accessible within the school systems.
Stakeholder B - General Public.
Approach 1. Work with the media, public service agencies, civic clubs, business groups, chamber of commerce and related local institutions to provide updated information on phosphate issues.
Approach 2. Further develop a FIPR public education program to include at minimum:
Stakeholder C - Legislators and Local and State Government Officials.
Approach 1. Conduct a forum, at least once a year, on a phosphate issue selected by the Board to improve understanding of phosphate issues for selected state and local elected officials and top government appointees
Approach 2. Establish regular meetings, at least semi-annually, with local commissioners and managers as well as local legislative delegations and their respective aides.
Approach 3. Have information in-house and mail (on a regular basis) to a broad mailing list of local and state elected and appointed officials.
Stakeholder D - Phosphate Industry Management and Environmental Groups.
Approach. Have periodic meetings with phosphate industry managers and environmental groups to provide information about FIPR's programs and research results.
Stakeholder E - Higher Education Institutions (including Community Colleges), College students, Teachers, and Researchers.
Approach 1. Conduct a series of training workshops (including field trips) for teachers using FIPR provided materials and curricula. (cf. Stakeholder A).
Approach 2. Develop materials for possible incorporation into curricula of Community Colleges and Higher Education Institutions.
Approach 3. Conduct workshops and symposia concerning phosphate issues for faculty and students.
III. Library and Information Management
Objective
Through July 1, 1999, continue working to attain, a 10% increase (above baseline levels to be established in FY 96/97) in the usage of the Institute's library as a national repository and provider of scientific/technical research information on phosphate technology and issues.
Approach 1. Further develop and implement a Library Acquisition and Collection Development Plan to include accompanying policies, procedures, and budget.
Approach 2. Continue the development of an internal electronic network for sharing documents for printing and E-mail.
IV. Technology Transfer
Objective Through January 1, 1999, further develop and enhance the technology transfer program to ensure that users of FIPR research results are aware of FIPR' s research and have ready access to the results of research in a form which facilitates its uses.
Approach 1. Continue to provide, through the use of an electronic network, FIPR and industry information for release, access and future decision making.
Approach 2. Continue to provide information on FIPR research through the public education, library and information management, and public information programs.
Approach 3. Further develop and publish research results on various technologies.
Approach 4. Continue to conduct demonstration projects to show the feasibility and practicality of FIPR research.
Approach 5. Continue to provide technical support, through FIPR staff and its contractors, to users of FIPR research and technologies.
Approach 6. Continue to conduct and sponsor workshops and conferences.
Objective
By January 1, 1999, analyze and change selected administrative and business processes to be at least 10% more cost effective than the FY 96/97 baseline.
Approach 1. Further develop an action plan for examining FIPR's internal administrative and business processes, e.g., personnel, purchasing, budget process with the University of South Florida.
Approach 2. Continue to integrate performance standards and measures into FIPR's administrative, business, and research processes upon completion of the examination.
Approach 3. Continue to examine the Policy Advisory Committee inputs for integration into the Strategic Plan.
II. Personnel
Objective By July 1, 1999, have fully operational the six primary processes of staffing patterns, recruitment, selection, orientation, training, and evaluation.
Approach 1. Further develop operational matrices to provide the framework for the staff to have clarity, accountability and functionality as it relates to the primary approaches in the FIPR Strategic Plan.
Approach 2. Continue to provide additional public speaking training for research directors and other selected staff members.
III. Research Program Administration
Objective By July 1, 1999, have in operation a contract research management methodology to ensure that research is performed to achieve strategic initiatives, research objectives, and that work is performed on time and within budget.
Approach 1. Continue to refine the Contract Management Policy and Procedure Guide for the solicitation, evaluation, monitoring, evaluation and measurement of research projects.
Approach 2. Continue to refine the procedure for soliciting specific project proposals.
Approach 3. Continue to refine internal laboratory standard operating procedures and quality assurance manuals.
IV. Budgeting and Planning
Objective By July 1, 1999, have in place a performance-based program budgeting system that measures the essential elements of the strategic plan and work being performed in order to substantiate and improve the funding base for the Institute's research and administrative efforts as a substantive accountability product to the citizens of Florida.
Approach 1. Form a performance-based program budgeting team.
Approach 2. Further develop and implement an action plan for integrating performance based program budgeting.
Approach 3. Further develop baseline data on measures, outcomes and outputs by program area.
Approach 4. Integrate outcome and output measures into the FIPR substantive research, programmatic, and management priorities.
Approach 5. Integrate performance-based program budgeting into the Legislative Budget Request (LBR) and strategic planning process.
Approach 6. Continue to reexamine the research strategic initiatives during Calendar Year (CY) 1998 and subsequent years, using inputs from the industry, environmental groups, governmental agencies, educational institutions, regulators and the public.
V. Facilities
Objective By January 1, 1999, the Institute's physical plant, as well as capital and expendable equipment will be adequate to support 100% of the Institute activities.
Approach 1. Continue the development of a Facilities and Equipment Improvement Plan.
Approach 2. Continue to link this program with the Institute's Safety Plan and personnel requirements.
VI. Safety
Objective The Institute's offices, laboratories, and field activities are to be in 100% compliance with accepted safety standards, and personnel will have received at least 12 hours of annual safety training in areas such as cardiopulmonary resuscitation (CPR), first aid, and emergency evacuation.
Approach 1. Coordinate the administration of an Institute safety audit by the Environmental Health and Safety Office of the University of South Florida.
Approach 2. Continue to monitor safety and upgrade the quality of the facilities at the Institute.
Approach 3. Further develop and improve laboratory, field, and office safety plans to include, as a minimum, safety procedures, training (e.g., CPR, first aid), remote communications with the field, emergency telephone numbers, emergency vehicles in the area of the Institute.
Amine: An organic compound (a cationic surfactant) that adheres on the surfaces of sands to achieve separation of phosphate from sands in phosphate flotation.
Beneficiation: In the case of Florida phosphate, this refers to the washing and flotation processes that separate sand and clay from sand-sized phosphate rock.
Clay settling areas/ponds: Usually above-grade, diked reservoirs for containing and dewatering of fine clay particles which result from the washing/sizing of phosphate matrix.
Clay consolidation: Increasing clay solid content by gravity settling and dewatering.
Column (flotation): A tall, small-diameter cylindrical tank used for floating minerals and typically having rapid liquid flow and very small bubbles.
Computer process control: A feedback, self-correcting process control system for optimizing the efficiency of a chemical or physical process.
Conditioning step: The process step in which the fine particles of phosphate and sand are treated with a chemical reagent to render them separable by a subsequent flotation step.
Critical natural habitats: Lands with ecological attributes (including adequate size, hydrology, cover, food sources, etc.) essential for supporting various native animal populations.
Dolomite: A naturally-occurring mineral composed of calcium and magnesium carbonates
(CaCO3-MgCO3).
Ecological systems (ecosystems): Units of nature in which living organisms interact with their environment and which display characteristic structures and functional relationships.
Fatty Acid: An organic compound (an anionic surfactant) that adheres on the surfaces of phosphate to achieve separation of phosphate from sands in phosphate flotation.
Flotation process/flotation chemicals: The process for separating the sand from phosphatic rock in which the components are treated with chemicals to make the particles attach to air bubbles and rise to the surface of a turbulent water system where they can be skimmed off.
Fluoride: Any inorganic salt of the element fluorine.
Hazardous/non-hazardous materials: Chemical substances that have been classified as toxic to humans or damaging to the environment by a Federal or State agency/or alternatively, which have been classified as benign, based largely on the amount present.
Hydrology: The study of water in the environment.
Hydrology Model: A mathematical simulation of the hydrology of a given area
"Instantaneous" analysis: An analytical procedure that presents the results quickly, usually within several minutes of sampling.
Land dredge: A dredging machine, operating on dry land, capable of recovering a slurry of solids from a pit or recessed area.
Matrix: Mixture of sand, clay and phosphate rock that is mined in Florida
NORM: Naturally occurring radioactive material.
Peer review: The process of having other recognized experts in a given field objectively assess and comment on a research proposal or report.
pH: A measure of the acidity or basicity of a given material. Technically, the negative logarithm (base 10) of the hydrogen ion concentration. A pH of 7 is neutral; >7 is basic; <7 is acidic.
Phosphatic clays: The finely divided mineral fraction (-150 mesh or < 10 micron) of phosphate matrix composed of a suite of common clay minerals (smectite, montmorillonite, kaolinite, etc.) plus dolomite, quartz and apatite impurities.
Phosphogypsum: The by-product of treating phosphate rock with sulfuric acid; chemically, hydrated calcium sulfate, the dihydrate being the more common form in Florida. It also contains phosphate, fluorides, trace amounts of metals, including radium, and normally has a low (acidic) pH. It is referred to in Florida simply as gypsum.
Phosphogypsum stacks: Large aboveground piles (up to 200 feet high) of by-product phosphogypsum located near phosphoric acid plants. The gypsum slurry is hydraulically pumped to the top of the stack where it settles out and the slurry water returns to the plant as part of the system to cool process water. As the stack fills with deposited gypsum, the solids are scooped out to build up the sides, and the stack grows in height as the process is repeated.
Phosphoric acid: The chemical compound, H3PO4, produced in Florida as an impure aqueous solution by reacting phosphate rock with sulfuric acid.
Process water: Acidic process water is used to slurry and transport to the stack the phosphogypsum formed by reacting phosphate rock and sulfuric acid. The phosphogypsum is allowed to settle out and the process water is returned to the chemical plant. It also refers to the water cooled in diked reservoirs before being returned to the plant. It is also known as process cooling water or pond water.
Radiation: Energy released by the disintegration (decay) of unstable isotopes. It can be in the form of gamma rays or alpha or beta particles. The radiation referred to in this document results from the decay of natural uranium and its radioactive decay products.
Reclamation: The process of rehabilitating lands disturbed by mining so that they serve a desirable and useful purpose again.
Resource utilization: Efficient recovery and use of natural resources, such as minerals, water supplies and energy.
Restoration: Rehabilitating disturbed land to the condition and function it had before being disturbed and other disturbed land to the condition and function it had before being mined.
Risk assessment: The process of statistically estimating the risk to human health posed by hazards such as radiation, air pollutants, or toxic substances released into the environment.
Slurry: A semi-fluid mixture of (usually) water and finely divided, relatively insoluble solid particles such as clays, phosphogypsum or sand.
Stakeholder: Any person, group or organization that can place a claim on an organization's attention, resources or output or is affected by that output. Examples of stakeholders include citizens, taxpayers, the phosphate industry, service recipients, the Legislature, employees, unions, public interest groups, the financial community, the business community and governmental agencies.
Tailings: The remaining materials of a mineral mixture from which most of the desirable component has been taken out.
Wetlands: Wetlands are lands that have soils saturated with water for a portion of the year and which support specific flora and fauna dependent on such hydrology or moisture conditions.
Xeric uplands: Well-drained, somewhat elevated lands, usually sandy, which support flora and fauna particularly adapted to arid conditions.
378.101 Florida Institute
of Phosphate Research. --
(1) There is created a Florida Institute of Phosphate Research, which is empowered:
(a) To conduct or cause to be conducted such environmental studies related to radiation and water consumption, or other environmental effects of phosphate mining and reclamation, as may from time to time be deemed reasonably necessary by the institute for the health, safety, and welfare of the citizens of this state and particularly the citizens of the regions where phosphate mining or processing occurs.
(b) To conduct or cause to be conducted a thorough and comprehensive study of reclamation alternatives and technologies in the phosphate mining or processing industry, including wetlands reclamation.
(c) To conduct or cause to be conducted a thorough and comprehensive study of phosphatic clay disposal and utilization as a part of phosphate mining, together with all environmental or land use related thereto.
(d) To establish methods for better and more efficient phosphate recovery mining and processing in this state as it may determine most beneficial to the economy, environment, and way of life of the citizens of the state.
(e) To enter into any mutually satisfactory contract with any firm, institution, corporation, or federal or state agency, as may be reasonably required or desired in carrying out the research and studies herein authorized.
(f) To make available to the public the results of its research program so that the research efforts will result in the public's being better informed as to the effects of phosphate mining in the state.
(g) To hold public hearings and consult with representatives of the phosphate industry and all other interested parties; to assign priorities for its research and studies; to make public from time to time its intentions as to future research and study; and to allocate its resources and personnel for such research and studies as it may determine from time to time to be in the public interest.
(h) To provide suitable and sufficient laboratory facilities and equipment, making use insofar as practical of the existing laboratory facilities and equipment of the State University System and other facilities as may be available, for carrying out the research and studies herein authorized.
(i) To administer the Phosphate Research Trust Fund and to expend funds therefrom for its administration and for carrying out the purposes set forth in this section. The Phosphate Research Trust Fund shall be subject to the service charge imposed pursuant to chapter 215.
(2) The institute may develop work products relating to research which is subject to trademark, copyright, or patent protection. Notwithstanding any law to the contrary, the institute may:
(a) Secure patents, copyrights, or trademarks on any of its work products and enforce its rights in such products. It shall consider contributions by Institute personnel, contractors, and grantees in the development of such products and shall enter in to written agreements with them establishing the interests of the respective parties in each patent, copyright, or trademark it secures.
(b) License, lease, or assign, or otherwise give consent to other persons for the manufacture or use of, work products it develops and receive royalties or other consideration for such use.
(c) Take any action necessary to protect its work products from improper or unlawful use of infringement.
(d) Collect any sums due it for the manufacture or use by any other person of such work products.
(e) Sell its interest in or rights to any work products it owns.
(f) Do all acts necessary to exercise its powers and perform its duties. Any action taken by the institute in securing or exploiting such patents, copyrights, or trademarks shall, within 30 days, be reported in writing to the Department of State. Any proceeds received by the institute under this subsection shall be deposited in the Phosphate Research Trust Fund for use as provided by law.
(3)(a) The institute may establish policies necessary to administer its research programs to assure their efficiency and effectiveness, producing the maximum benefit to the economy, environment, and residents of this state.
(b) Materials which relate to methods of manufacture or production, actual or potential trade secrets, patentable or potentially patentable materials, business transactions, or proprietary information pertaining to research conducted by or on behalf of the institute shall be confidential and exempt from the provisions of s. 110.07(1), except that the institute shall disclose upon request, the title and description of any research project, the researchers' names, and the amount and source of funding provided for such project. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14.
(4)(a) The work of the Florida Institute of Phosphate Research shall be directed by a five-member board of directors appointed by the Governor. The board shall be composed of one member from the faculty of a university within the State University System, one member from a major conservation group in this state, one member from state government, and two members from the phosphate mining or processing industry. The Governor shall make these appointments on the basis of their ability to set priorities for the phosphate research and otherwise give direction to a professional, efficient, and broad phosphate research effort. In setting such priorities, emphasis shall be given to applied research which tends to solve real problems of the industry in which the public has a substantial interest.
Members of the board of directors shall serve 3-year terms, or serve until successors are appointed; except that, of those members first appointed following October 1, 1983, one member shall be appointed for a term of 1 year; two members shall be appointed for terms of 2 years; and two members shall be appointed for terms of 3 years in order to achieve staggering of terms. A member of the board of directors shall be eligible for reappointment.
(c) A vacancy occurring other than by expiration of a term shall be filled by appropriate appointment for the remainder of the unexpired term in the same manner as the original appointment. However, no single vacancy in the board of directors shall impair the right of the remaining members to exercise the powers of the board of directors.
(d) The members of the board of directors shall select a chairman.
(e) The policies and decisions of the board shall be implemented through an executive director chosen by the board on the basis of professional competence, both scientific and administrative.
(f) The board shall adopt rules necessary to carry out the duties and responsibilities of the institute.
378.102 Florida Institute of Phosphate Research;
procurement of research services.--
(1) SHORT TITLE.--This section may be cited as the "Florida Institute of Phosphate Research Competitive Negotiation Act."
(2) DEFINITIONS.--As used in this section, the term:
(a) "Research services" means services within the scope of research, as performed by a chemist, biologist, geologist, engineer, university professor, or other researcher in connection with research performed for the institute.
(b) "Institute" means the Florida Institute of Phosphate Research.
(c) "Firm" means any individual, firm, partnership, corporation, association, university, state or federal agency, or other legal entity permitted by law to enter into a contractual agreement for services in this state.
(d) "Compensation" means the total amount paid by the institute for research services.
(e) "Project" means the research study or planning activity described by the institute pursuant to paragraph (3)(a)
(f) "Selection committee" means a group composed of one or more of research directors of the institute and one or more outside experts, knowledgeable in the research subject to be addressed in the project. The committee shall consist of an odd number of at least three members selected by the board of directors of the institute.
(3) PUBLIC ADVERTISEMENT AND QUALIFICATION
PROCEDURE.--
(a) The institute shall publicly advertise, in a uniform and consistent manner, each occasion when research services are required to be purchased for a research project or for a researchrelated planning or study activity and the fee for services exceeds $5,000. The advertisement shall include a general description of the project and shall indicate how interested parties may apply for consideration.
(b) The institute shall adopt administrative procedures for the evaluation of research services, including, but not limited to, qualifications of the firm, capabilities, adequacy of personnel, plan of study, past record and experience, and any other factors applicable to the institute's requirements for a project.
(c) The proceedings under this section shall be open to the public.
(4) COMPETITIVE SELECTION.--
(a) A selection committee shall be chosen to evaluate current statements of qualifications and performance data on file with the institute, for each proposed project, with statements submitted by other firms regarding the proposed project, and shall conduct discussions with, and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required service. If three firms are not available, the board of directors may authorize consideration of fewer than three firms.
(b) The selection committee, considering the ability of research personnel; past performance; proposed plan of study; willingness to meet time and budget requirements; location; recent, current, and projected workloads; and the volume of work previously awarded to the firm by the institute, shall select in order of preference no fewer than three firms deemed to be most highly qualified to equitably distribute contracts among qualified firms, provided the most highly qualified firm with the most appropriate plan of study is selected. If fewer than three firms apply, the board of directors may consider the ones that apply.
(c) This subsection does not apply when the fee for professional services is $5,000 or less.
(5) COMPETITIVE NEGOTIATION.--
(a) The institute shall negotiate a contract with the selected firm at compensation which is fair, competitive, and reasonable. In making such determination, the institute shall analyze the cost, scope, and complexity of the research services required. Fixedfee contracts must contain a provision stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting and must contain a provision that the original contract price and any additions will be adjusted to exclude any significant sums by which the institute determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Contract adjustments must be made within 1 year following completion of a contract.
(b) If the institute is unable to negotiate a fair, competitive, and reasonable contract with the most qualified firm, negotiations with that firm shall be terminated and the institute shall negotiate with the second most qualified firm. If no agreement can be reached with the second most qualified firm, the institute shall terminate negotiations and shall negotiate with the third most qualified firm.
(c) If the institute is unable to negotiate a satisfactory contract with any of the selected firms, the institute shall select additional firms in order of competence and qualifications and shall continue negotiations until an agreement is reached, or the institute may readvertise or terminate the project.
(6) PROHIBITION AGAINST CONTINGENT FEES.--
(a) Each contract entered into by the institute for research services must contain the following provision: The researcher warrants that he has not employed or retained any person, other than an employee working only for him to secure this agreement and that he has not paid or agreed to pay any other person any consideration contingent upon the making of this agreement. If this provision is violated, the institute may terminate the agreement without liability and may deduct from the contract price, or otherwise recover, the full amount of such consideration from the researcher.
(b) Any person, other than an employee working only for a researcher, who offers, agrees, or contracts to solicit or secure institute contracts for any person other than the researcher and is to be paid, or is paid, any consideration contingent upon the award of a contract, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Any person who offers to pay or pays any consideration contingent upon the award of any contract is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(d) Any person employed by the institute who offers to solicit or solicits a contract for consideration contingent upon the award of such contract is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(7) APPLICABILITY TO EXISTING
CONTRACTS.-- This section does not affect the validity or effect
of any contracts in existence on October 1, 1986.