Senate Bill sb2008e2
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1 A bill to be entitled
2 An act relating to economic development;
3 providing legislative intent for certain career
4 and technical education programs within
5 comprehensive programs of study in high
6 schools; providing for industry-certification,
7 for certain required courses and activities;
8 authorizing an endorsement and funding;
9 authorizing rules of the Department of
10 Education; requiring certain programs and
11 career-development activities to assist
12 counselors; amending ss. 228.041, 229.601,
13 229.602, 239.121, F.S.; revising a personnel
14 classification title; amending s. 236.081,
15 F.S.; providing for funding of certain
16 programs; prohibiting certain courses and
17 programs from being reported for funding or
18 from being substituted for other courses or
19 programs; providing for certain
20 professional-development activities; amending
21 s. 239.229, F.S.; providing certain
22 responsibilities for school boards and
23 superintendents; amending s. 212.13, F.S.;
24 requiring freight forwarders to provide
25 warehouse receipts or copies of airway bills or
26 bills of lading for certain purposes; providing
27 receipt requirements; requiring freight
28 forwarders to maintain certain records for a
29 time certain; providing for effect of such
30 documentation; providing a misdemeanor penalty
31 for failing to provide such documentation or
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1 maintain certain records; amending s. 288.012,
2 F.S.; changing the date for submission of
3 certain reports by foreign offices; providing
4 for the reports to be compiled and submitted by
5 Enterprise Florida, Inc., as part of its annual
6 report; amending s. 288.095, F.S.; increasing
7 the amount of the total state share of tax
8 refunds that may be scheduled annually for
9 payment under the qualified target industry tax
10 refund program and the qualified defense
11 contractor tax refund program; revising the due
12 date and content for an annual report on
13 incentives and reassigning responsibility for
14 such report to Enterprise Florida, Inc.;
15 amending s. 288.106, F.S., relating to the tax
16 refund program for qualified target industry
17 businesses; revising requirements for
18 application for certification as such business
19 with respect to the number of current and new
20 jobs at the business and projections by the
21 Office of Tourism, Trade, and Economic
22 Development of refunds based thereon; revising
23 requirements relating to the tax refund
24 agreement with respect to job creation and the
25 time for filing of claims for refund; revising
26 provisions relating to annual claims for
27 refund; authorizing an extension of time for
28 signing the tax refund agreement; providing an
29 application deadline; revising provisions
30 relating to the order authorizing a tax refund;
31 revising conditions under which a prorated tax
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1 refund will be approved; providing for the
2 calculation of such prorated tax refund;
3 specifying that the section does not create a
4 presumption that a claim will be approved and
5 paid; revising the agencies with which the
6 office may verify information and to which the
7 office may provide information; expanding the
8 purposes for which the office may seek
9 assistance from certain entities; specifying
10 that certain appropriations may not be used for
11 any purpose other than the payment of specified
12 tax refunds; amending s. 288.90151, F.S.;
13 authorizing Enterprise Florida, Inc., to hire
14 an economic analysis firm to assist with
15 certain reporting requirements; directing
16 Enterprise Florida, Inc., to hire a survey firm
17 to assist with a customer-satisfaction survey;
18 conforming changes; amending s. 288.905, F.S.;
19 revising the deadline for submission of updates
20 or modifications to the strategic plan
21 developed by Enterprise Florida, Inc.; amending
22 s. 288.980, F.S.; providing that grants by the
23 Office of Tourism, Trade, and Economic
24 Development to support activities related to
25 the retention of military installations
26 potentially affected by closure or realignment
27 must be from funds specifically appropriated
28 therefor; creating the "New Product Transfer
29 Enhancement Act"; creating s. 288.907, F.S.;
30 providing definitions; providing for licensing
31 of certain products or technologies by donor
3
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1 companies to receiving companies for production
2 and marketing; providing duties of such
3 companies and of Enterprise Florida, Inc.;
4 providing requirements for product development
5 agreements; creating s. 220.115, F.S.;
6 requiring receiving companies to file a
7 corporate tax return and remit to the state
8 certain fees in addition to any corporate
9 income tax due; providing for application of
10 administrative and penalty provisions of ch.
11 220, F.S.; creating s. 220.1825, F.S.;
12 providing for a credit against the corporate
13 income tax for donor companies; providing for
14 determination of the amount of the credit by
15 Enterprise Florida, Inc., and notification to
16 the Department of Revenue; providing for
17 carryover of the credit; amending s. 220.02,
18 F.S.; providing order of credits against the
19 tax; creating s. 121.155, F.S.; providing
20 legislative findings relating to the
21 relationship between availability of capital
22 and the development of high-technology
23 businesses; expressing legislative intent that
24 Florida Retirement System investments
25 complement economic development strategies;
26 requiring staff of the State Board of
27 Administration to review certain economic
28 development information; expanding annual
29 report requirements; amending s. 159.26, F.S.;
30 declaring, for purposes of the Florida
31 Industrial Development Financing Act, that the
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1 information technology industry is vital to the
2 economy of the state; providing that the
3 advancement of information technology is a
4 purpose underlying the act; amending s. 159.27,
5 F.S.; redefining the term "project" to include
6 information technology facilities; defining the
7 term "information technology facility";
8 amending s. 159.705, F.S.; specifying that
9 certain entities may operate a project located
10 in a research and development park and financed
11 under the Florida Industrial Development
12 Financing Act; creating s. 240.1055, F.S.;
13 providing that the mission of the state system
14 of postsecondary education includes supporting
15 the economic development goals of the state;
16 expressing legislative intent; amending s.
17 240.710, F.S.; revising duties relating to the
18 Digital Media Education Coordination Group;
19 eliminating obsolete provisions; providing for
20 the group to submit an annual report; amending
21 s. 288.108, F.S.; specifying that the
22 information technology sector is a high-impact
23 sector for the purposes of a grant program for
24 investments by certain businesses; providing
25 legislative intent relating to the provision of
26 state assistance to a not-for-profit
27 corporation created to advocate on behalf of
28 the information technology industry; creating
29 s. 288.9522, F.S.; creating the Florida
30 Research Consortium; providing legislative
31 intent related to the consortium; providing for
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1 the organization, membership, purpose, powers,
2 and administration of the consortium; requiring
3 an annual report from the consortium and its
4 member universities; requiring Enterprise
5 Florida, Inc., to provide initial staff support
6 to the Florida Research Consortium; requiring
7 the Florida Research Consortium to report on
8 statutory and other factors affecting the
9 transfer and commercialization of technology
10 and the formation of relationships between
11 university employees and business entities;
12 prescribing elements of such report; requiring
13 the consortium to solicit the participation of
14 certain experts in the preparation of such
15 report; amending s. 445.045, F.S.; reassigning
16 responsibility for development and maintenance
17 of an information technology promotion and
18 workforce recruitment website to Workforce
19 Florida, Inc.; requiring consistency and
20 compatibility with other information systems;
21 authorizing Workforce Florida, Inc., to secure
22 website services from outside entities;
23 requiring coordination of the information
24 technology website with other marketing,
25 promotion, and advocacy efforts; authorizing
26 Workforce Florida, Inc., to act through the
27 Agency for Workforce Innovation in fulfilling
28 its responsibilities related to the website;
29 directing the agency to provide such services
30 to Workforce Florida, Inc.; directing Workforce
31 Florida, Inc., to establish a pilot grant
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1 program for youth internships in
2 high-technology fields, subject to legislative
3 appropriation; specifying the amount of a grant
4 under the program; providing for eligibility;
5 requiring an eligible business to submit an
6 internship work plan; specifying criteria for
7 evaluating an application for funding of an
8 internship; requiring Workforce Florida, Inc.,
9 to report the outcomes of the pilot program to
10 the Legislature; authorizing Workforce Florida,
11 Inc., to act through the Agency for Workforce
12 Innovation in fulfilling its responsibilities
13 related to the pilot program; directing the
14 agency to provide such services to Workforce
15 Florida, Inc.; providing legislative findings
16 and intent relating to establishment of
17 joint-use advanced digital-media research and
18 production facilities; authorizing the Office
19 of Tourism, Trade, and Economic Development to
20 create a program supporting establishment of
21 such facilities; prescribing the purposes of
22 such facilities; specifying powers and duties
23 of the office relating to establishment of such
24 facilities; defining the term "digital media";
25 requiring a report to the Legislature on
26 recommended funding levels for such facilities;
27 authorizing the Board of Regents and the State
28 Board of Community Colleges, in implementing a
29 single, statewide computer-assisted student
30 advising system, to secure and enforce patents
31 on work products, enter into various
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1 agreements, and sell or license work products;
2 requiring the Board of Regents and the State
3 Board of Community Colleges to submit certain
4 agreements to the Legislature; providing for
5 uses of any or all of the proceeds derived from
6 such activities; providing appropriations;
7 authorizing the Office of Tourism, Trade, and
8 Economic Development to use a portion of funds
9 appropriated for the Rural Community
10 Development Revolving Loan Fund for loan
11 activities on behalf of small citrus growers;
12 creating s. 341.821, F.S.; creating the Florida
13 High-Speed Rail Authority; providing
14 membership, terms, organization, and
15 reimbursement of expenses; providing duties of
16 the authority; relating to specified conflicts
17 of interest with respect to authority members;
18 assigning the authority to the Department of
19 Transportation for administrative purposes;
20 providing for future legislative review and
21 repeal; creating s. 341.822, F.S.; providing
22 powers and duties of the authority; authorizing
23 the authority to seek federal funds; providing
24 applicable criteria; requiring submittal of a
25 report; authorizing the department to issue
26 requests for information and proposals;
27 authorizing the authority to request assistance
28 from the private sector; providing for agency
29 assistance; providing an appropriation;
30 amending s. 331.367, F.S.; revising the
31 membership and functions of entities under the
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1 Spaceport Management Council; amending s.
2 331.368, F.S.; revising provisions relating to
3 the authority of the Florida Space Research
4 Institute; stating legislative findings and
5 intent; providing for creation of the Digital
6 Divide Council; authorizing design and
7 implementation of programs; expressing program
8 objectives and goals; providing for review and
9 assessment of program performances; providing
10 effective dates.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. (1) The Legislature intends to ensure that
15 all high schools provide supportive services to students and
16 their parents to determine the comprehensive program of study
17 that will best meet the needs and goals of each student. At a
18 minimum, these services must include access to a guidance
19 counselor and assistance in developing an educational and
20 career plan. Each high school shall provide a variety of
21 comprehensive, relevant programs of study which will meet the
22 needs of all students and enable each student to pursue his or
23 her individual educational and career goals.
24 (2) Key components of this process are:
25 (a) A variety of programs of study which are based on
26 individual educational and career goals.
27 (b) Parental involvement in the identification of the
28 appropriate program of study.
29 (c) Assurance that all programs of study are designed
30 to provide a seamless transition to an appropriate
31 postsecondary education and employment.
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1 Section 2. (1) A career and technical education
2 program within a comprehensive high school program of study
3 must be certified or endorsed by the appropriate industry to
4 ensure that all components of the program are relevant and
5 appropriate to prepare the student for further education and
6 employment in that industry.
7 (2) Effective July 1, 2006, each career and technical
8 program preparing for postsecondary education and employment
9 offered as part of a comprehensive program of study in a high
10 school must be industry-certified or endorsed, except for
11 courses classified as exploratory, orientation, or practical
12 arts. A student enrolled in a course within a career and
13 technical program that is not industry-certified may not be
14 reported for full-time equivalent funding through the Florida
15 Education Finance Program unless the course is classified as
16 exploratory, orientation, or practical arts. The Department of
17 Education shall assure that each program is certified by July
18 1, 2006, and recertified at least every 5 years. The
19 department shall adopt rules for the certification process,
20 and the rules must establish any necessary procedures for
21 obtaining appropriate business partners and requirements for
22 business and industry involvement in curriculum oversight and
23 equipment procurement.
24 (3) Each full-time equivalent student in an
25 industry-certified or endorsed career and technical program
26 generates 1.15 times the cost factor for students enrolled in
27 the basic program for grades 9-12, as provided by section
28 236.081, Florida Statutes, and the annual General
29 Appropriations Act.
30 (4) Effective July 1, 2006, each career and technical
31 education program offered by a high school and able to be
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1 articulated to a postsecondary level must also have an
2 articulation agreement with one or more appropriate
3 postsecondary education institutions to ensure a seamless
4 transition to a related postsecondary program without a loss
5 of credit for the student. Students enrolled in a program that
6 is not articulated to a postsecondary program may not be
7 reported for full-time equivalent student funding through the
8 Florida Education Finance Program unless the course is
9 classified as exploratory, orientation, or practical arts or
10 terminates at the high school level.
11 Section 3. (1) A comprehensive program of study in
12 career and technical education must be designed to ensure
13 that, upon completion of the program of study and graduation
14 from high school, a student is prepared to continue his or her
15 education at a postsecondary education institution and obtain
16 employment. Therefore, a comprehensive career and technical
17 program of study must require of each student:
18 (a) Completion of academic courses with a designation
19 from the Department of Education of level two or above. All
20 credits earned to meet graduation requirements in mathematics,
21 science, and communication must have that designation.
22 (b) Attainment of at least one occupational completion
23 point in an industry-certified or endorsed career and
24 technical education program or completion of at least two
25 courses in a technology education program.
26 (c) Completion of a one-credit core course addressing
27 workplace-readiness skills. The Department of Education shall
28 define in rule the content of the course and shall assure that
29 the course meets graduation requirements for performing arts
30 or practical arts. The course requirement may be satisfied
31
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1 through infusing course content into existing select career
2 and technical education course.
3 (d) Participation in work-based learning experiences,
4 as defined in rule by the Department of Education.
5 (e) Participation in a capstone activity that includes
6 a project related to a career. This activity is designed to
7 apply and demonstrate the competencies and concepts attained
8 in the student's program of study. The Department of Education
9 may specify in rule characteristics of capstone activities
10 that meet the intent of this paragraph.
11 (2) The Legislature intends to recognize with an
12 endorsement on the high school diploma a student who:
13 (a) Completes the requirements for high school
14 graduation as provided in section 232.246, Florida Statutes,
15 and the additional requirements for a comprehensive career and
16 technical program of study provided in subsection (1).
17 (b) Passes the college entry-level placement test or
18 an equivalent test identified by the department with a score
19 adequate to enroll in a public postsecondary education program
20 without the need for college preparatory or vocational
21 preparatory instruction.
22 (3) The endorsement indicates that the student is
23 prepared to continue into postsecondary education without the
24 need for remediation and that the student has marketable
25 employment skills. The Department of Education may adopt by
26 rule a standard format for the endorsement.
27 (4) For each student who receives the endorsement on
28 his or her diploma, the school district shall receive
29 incentive funding, as provided in section 236.081, Florida
30 Statutes, and the annual General Appropriations Act.
31
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1 (5) A school district that generates funds as a result
2 of industry-certified programs or incentive funding for
3 student achievement of the endorsement must expend the total
4 amount on the comprehensive career and technical program of
5 study. The district may not apply indirect charges to
6 incentive funds earned.
7 Section 4. The Legislature finds that, to adequately
8 assist students in advanced technical and academic career
9 planning, high school guidance counselors and career
10 specialists require preservice and inservice professional
11 development programs that contain sufficient information on
12 career education.
13 (1) Each guidance counselor and career specialist in a
14 school with technical education programs certified as provided
15 in section 2 of this act shall complete 12 inservice points in
16 technical education and career development which include:
17 (a) An emphasis on labor-market trends and
18 projections;
19 (b) A practicum that focuses on development of a
20 career-awareness program; and
21 (c) Content related to a career or employment within
22 the counselor's work experience.
23 (2) The Department of Education shall assist guidance
24 counselors and career specialists in attaining the additional
25 inservice required. The State Board of Education shall revise
26 rules governing the certification and recertification of
27 guidance counselors to allow substitution of personal
28 work-based experiences and temporary-employment opportunities
29 in business and industry for the required classroom
30 instruction. A minimum of 12 hours of inservice in career and
31 technical education will be required for each 5-year period.
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1 (3) To implement the requirements of this act through
2 preservice education, the Legislature encourages colleges of
3 education to provide for the additional courses required
4 without increasing the total number of credit hours needed to
5 complete a program. Instead, the colleges are encouraged to
6 infuse course content required for ethics courses into courses
7 required for introduction, theory, and practicum.
8 Section 5. Paragraph (b) of subsection (9) of section
9 228.041, Florida Statutes, is amended to read:
10 228.041 Definitions.--Specific definitions shall be as
11 follows, and wherever such defined words or terms are used in
12 the Florida School Code, they shall be used as follows:
13 (9) INSTRUCTIONAL PERSONNEL.--"Instructional
14 personnel" means any staff member whose function includes the
15 provision of direct instructional services to students.
16 Instructional personnel also includes personnel whose
17 functions provide direct support in the learning process of
18 students. Included in the classification of instructional
19 personnel are:
20 (b) Pupil personnel services.--Pupil personnel
21 services include staff members responsible for: advising
22 students with regard to their abilities and aptitudes,
23 educational and occupational opportunities, and personal and
24 social adjustments; providing placement services; performing
25 educational evaluations; and similar functions. Included in
26 this classification are guidance counselors, social workers,
27 career occupational/placement specialists, and school
28 psychologists.
29 Section 6. Paragraph (c) of subsection (2) of section
30 229.601, Florida Statutes, is amended to read:
31 229.601 Career education program.--
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1 (2) There is hereby established a career education
2 program in the state educational system. The Commissioner of
3 Education and his or her designated staff shall administer
4 this program. In developing and administering the career
5 education program, the purpose of which is to promote positive
6 career opportunities for all students regardless of their
7 race, color, creed, national origin, ancestry, socioeconomic
8 status, or gender, the commissioner shall:
9 (c) Develop programs for preservice and inservice
10 training for the purpose of infusing career education concepts
11 into the basic curricula of public schools and core curricula
12 of community colleges and state universities and programs for
13 preservice and inservice training for counselors and career
14 occupational and placement specialists to assist in career
15 counseling and placement and followup activities.
16 Section 7. Paragraph (a) of subsection (5) of section
17 229.602, Florida Statutes, is amended to read:
18 229.602 Florida private sector and education
19 partnerships.--
20 (5) Each school district shall designate one or more
21 persons to coordinate local private sector and education
22 partnership activities. The general activities of these
23 coordinators shall be to enhance private sector and education
24 partnership activities. The specific duties of the district
25 coordinators shall include, but not be limited to, the
26 following:
27 (a) Maintaining contact with local businesses and
28 industries, local chamber of commerce organizations, regional
29 workforce boards private industry councils with Job Training
30 Partnership Act programs, district, career occupational
31 specialists, guidance personnel, economics educators,
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1 volunteer coordinators, community education coordinators,
2 appropriate governmental personnel, and any others interested
3 in private sector and education partnerships.
4 Section 8. Paragraphs (c), (d), and (l) of subsection
5 (1) of section 236.081, Florida Statutes, are amended, present
6 paragraphs (m) through (p) of that subsection are redesignated
7 as paragraphs (n) through (q), respectively, and a new
8 paragraph (m) is added to that subsection, and paragraph (a)
9 of subsection (5) of that section is amended, to read:
10 236.081 Funds for operation of schools.--If the annual
11 allocation from the Florida Education Finance Program to each
12 district for operation of schools is not determined in the
13 annual appropriations act or the substantive bill implementing
14 the annual appropriations act, it shall be determined as
15 follows:
16 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
17 OPERATION.--The following procedure shall be followed in
18 determining the annual allocation to each district for
19 operation:
20 (c) Determination of programs.--Cost factors based on
21 desired relative cost differences between the following
22 programs shall be established in the annual General
23 Appropriations Act. A secondary career or technical education
24 program certified as required by section 2 of this act
25 generates funding as provided in paragraph (m). Effective July
26 1, 2006, a full-time equivalent student in a career or
27 technical education program that is not industry-certified or
28 endorsed shall not generate any state funding unless the
29 student is in a course classified as exploration, orientation,
30 or practical arts and the General Appropriations Act contains
31 a cost factor for such courses. The Department of Education
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1 shall complete a study by January 2002 to determine if career
2 and technical education programs should have differentiated
3 funding weights. The Commissioner of Education shall specify a
4 matrix of services and intensity levels to be used by
5 districts in the determination of the two weighted cost
6 factors for exceptional students with the highest levels of
7 need. For these students, the funding support level shall fund
8 the exceptional students' education program, with the
9 exception of extended school year services for students with
10 disabilities.
11 1. Basic programs.--
12 a. Kindergarten and grades 1, 2, and 3.
13 b. Grades 4, 5, 6, 7, and 8.
14 c. Grades 9, 10, 11, and 12.
15 2. Programs for exceptional students.--
16 a. Support Level IV.
17 b. Support Level V.
18 3. Secondary career and technical education programs,
19 industry-certified or endorsed.--
20 4. Career and technical education programs, all other
21 programs.--
22 5.4. English for Speakers of Other Languages.--
23 (d) Annual allocation calculation.--
24 1. The Department of Education shall is authorized and
25 directed to review all district programs and enrollment
26 projections and calculate a maximum total weighted full-time
27 equivalent student enrollment for each district for the K-12
28 FEFP.
29 2. Maximum enrollments calculated by the department
30 shall be derived from enrollment estimates used by the
31 Legislature to calculate the FEFP. If two or more districts
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1 enter into an agreement under the provisions of s.
2 230.23(4)(d), after the final enrollment estimate is agreed
3 upon, the amount of FTE specified in the agreement, not to
4 exceed the estimate for the specific program as identified in
5 paragraph (c), may be transferred from the participating
6 districts to the district providing the program.
7 3. As part of its calculation of each district's
8 maximum total weighted full-time equivalent student
9 enrollment, the department shall establish separate enrollment
10 ceilings for each of two program groups. Group 1 shall be
11 composed of grades K-3, grades 4-8, and grades 9-12. Group 2
12 shall be composed of students in exceptional student education
13 programs, English for Speakers of Other Languages programs,
14 all basic programs other than the programs in group 1, and all
15 vocational programs in grades 6-12 7-12.
16 a. The weighted enrollment ceiling for group 2
17 programs shall be calculated by multiplying the final
18 enrollment conference estimate for each program by the
19 appropriate program weight. The weighted enrollment ceiling
20 for program group 2 shall be the sum of the weighted
21 enrollment ceilings for each program in the program group,
22 plus the increase in weighted full-time equivalent student
23 membership from the prior year for clients of the Department
24 of Children and Family Services and the Department of Juvenile
25 Justice.
26 b. If, for any calculation of the FEFP, the weighted
27 enrollment for program group 2, derived by multiplying actual
28 enrollments by appropriate program weights, exceeds the
29 enrollment ceiling for that group, the following procedure
30 shall be followed to reduce the weighted enrollment for that
31 group to equal the enrollment ceiling:
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1 (I) The weighted enrollment ceiling for each program
2 in the program group shall be subtracted from the weighted
3 enrollment for that program derived from actual enrollments.
4 (II) If the difference calculated under
5 sub-sub-subparagraph (I) is greater than zero for any program,
6 a reduction proportion shall be computed for the program by
7 dividing the absolute value of the difference by the total
8 amount by which the weighted enrollment for the program group
9 exceeds the weighted enrollment ceiling for the program group.
10 (III) The reduction proportion calculated under
11 sub-sub-subparagraph (II) shall be multiplied by the total
12 amount of the program group's enrollment over the ceiling as
13 calculated under sub-sub-subparagraph (I).
14 (IV) The prorated reduction amount calculated under
15 sub-sub-subparagraph (III) shall be subtracted from the
16 program's weighted enrollment. For any calculation of the
17 FEFP, the enrollment ceiling for group 1 shall be calculated
18 by multiplying the actual enrollment for each program in the
19 program group by its appropriate program weight.
20 c. For program group 2, the weighted enrollment
21 ceiling shall be a number not less than the sum obtained by:
22 (I) Multiplying the sum of reported FTE for all
23 programs in the program group that have a cost factor of 1.0
24 or more by 1.0, and
25 (II) By adding this number to the sum obtained by
26 multiplying the projected FTE for all programs with a cost
27 factor less than 1.0 by the actual cost factor.
28 4. Following completion of the weighted enrollment
29 ceiling calculation as provided in subparagraph 3., a
30 supplemental capping calculation shall be employed for those
31 districts that are over their weighted enrollment ceiling. For
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1 each such district, the total reported unweighted FTE
2 enrollment for group 2 programs shall be compared with the
3 total appropriated unweighted FTE enrollment for group 2
4 programs. If the total reported unweighted FTE for group 2 is
5 greater than the appropriated unweighted FTE, then the excess
6 unweighted FTE up to the unweighted FTE transferred from group
7 2 to group 1 for each district by the Public School FTE
8 Estimating Conference shall be funded at a weight of 1.0 and
9 added to the funded weighted FTE computed in subparagraph 3.
10 This adjustment shall be calculated beginning with the third
11 calculation of the 1998-1999 FEFP.
12 (l) Instruction in career education.--Effective for
13 the 1985-1986 school year and thereafter, District pupil
14 progression plans shall provide for the substitution of
15 vocational courses for the nonelective courses required for
16 high school graduation pursuant to s. 232.246. Beginning July
17 1, 2006, a career and technical course may not be substituted
18 for another required course unless it is part of an
19 industry-certified or endorsed program certified as provided
20 in section 2 of this act. A student in grades 9 through 12 who
21 enrolls in and satisfactorily completes a job-preparatory
22 course program may substitute credit for a portion of the
23 required four credits in English, three credits in
24 mathematics, any credits in social studies, and three credits
25 in science. The credit substituted for English, mathematics,
26 social studies, or science earned through the vocational
27 job-preparatory course program shall be on a curriculum
28 equivalency basis as provided for in the State Course Code
29 Directory. The State Board of Education shall authorize by
30 rule vocational course substitutions not to exceed two credits
31 in each of the nonelective academic subject areas of English,
20
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1 mathematics, social studies, and science. School districts
2 shall provide for vocational course substitutions not to
3 exceed two credits in each of the nonelective academic subject
4 areas of English, mathematics, social studies, and science,
5 upon adoption of vocational student performance standards by
6 the school board pursuant to s. 232.2454. A career and
7 technical course vocational program which has been used as a
8 substitute for a nonelective academic credit in one subject
9 area may not be used as a substitute for any other subject
10 area. The credit in practical arts or exploratory career
11 education required for high school graduation pursuant to s.
12 232.246(1) shall be funded as a career education course. Such
13 a course is eligible for funding at 1.15 times the cost factor
14 for students enrolled in the basic program for grades 9-12
15 only if it is part of a program certified or endorsed as
16 required by section 2 of this act.
17 (m) Calculation of full-time equivalent membership for
18 an industry-certified or endorsed technical program.--Funding
19 for students enrolled in an industry-certified program as
20 provided in section 2 of this act is calculated at 1.15 times
21 the cost factor for students enrolled in the program for
22 grades 9-12 and multiplying that number by the number of
23 full-time equivalent students in an industry-certified or
24 endorsed career and technical program. A student who earns the
25 endorsement authorized by section 3 of this act generates
26 additional incentive funding for the program, as provided in
27 subsection (5). During the transition from the 2001-2002
28 school year until July 1, 2006, all career and technical
29 education programs not industry-certified or endorsed or
30 articulated to postsecondary institutions will continue to
31
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1 earn weighted funding as determined in the General
2 Appropriations Act.
3 (5) CATEGORICAL PROGRAMS.--The Legislature hereby
4 provides for the establishment of selected categorical
5 programs to assist in the development and maintenance of
6 activities giving indirect support to the programs previously
7 funded. These categorical appropriations may be funded as
8 general and transitional categorical programs. It is the
9 intent of the Legislature that no transitional categorical
10 program be funded for more than 4 fiscal years from the date
11 of original authorization. Such programs are as follows:
12 (a) General.--
13 1. Comprehensive school construction and debt service
14 as provided by law.
15 2. Community schools as provided by law.
16 3. School lunch programs as provided by law.
17 4. Instructional material funds as provided by law.
18 5. Student transportation as provided by law.
19 6. Student development services as provided by law.
20 7. Diagnostic and learning resource centers as
21 provided by law.
22 8. Comprehensive health education as provided by law.
23 9. Excellent Teaching Program as provided by law.
24 10. Attainment of the high school career and technical
25 endorsement authorized by section 3 of this act and rules of
26 the State Board of Education.
27 Section 9. Section 239.121, Florida Statutes, is
28 amended to read:
29 239.121 Career Occupational specialists.--
30 (1) District school boards and community college
31 boards of trustees may employ career occupational specialists
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1 to provide student counseling services and occupational
2 information to students and to provide information to local
3 business and industry regarding the availability of vocational
4 programs through local educational institutions. Under the
5 supervision of a certified counselor, career occupational
6 specialists may undertake special assignments that include,
7 but are not limited to, the identification and intensive
8 counseling of current and former students and the parents of
9 such students, as well as counseling students and all
10 education personnel regarding job and career opportunities.
11 (2) Career Occupational specialists shall receive
12 certification pursuant to State Board of Education rule and s.
13 231.1725. A career No occupational specialist may not be paid
14 less than any other member of the instructional personnel who
15 has equivalent qualifications and provides similar services.
16 Career Occupational specialists may receive salary supplements
17 upon documentation that such supplements are necessary for
18 recruiting or retaining suitable personnel.
19 (3) The Department of Education and each school
20 district that employs a career specialist shall assist that
21 person in preparing a professional development plan designed
22 to provide the skills necessary to perform the duties
23 associated with implementing a comprehensive technical
24 education program of study.
25 Section 10. Paragraph (a) of subsection (2) of section
26 239.229, Florida Statutes, is amended to read:
27 239.229 Vocational standards.--
28 (2)(a) Each school board and superintendent shall
29 direct the smooth transition of high school career and
30 technical education programs to industry-certified or endorsed
31 programs of study included in a comprehensive course of study.
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1 Each school board and superintendent shall also direct the
2 implementation of all components required to obtain the
3 endorsement authorized in section 3 of this act if the
4 district chooses to offer the endorsement. School board,
5 superintendent, and school accountability for career education
6 within elementary and secondary schools includes, but is not
7 limited to:
8 1. Student exposure to a variety of careers and
9 provision of instruction to explore specific careers in
10 greater depth.
11 2. Student awareness of available vocational programs
12 and the corresponding occupations into which such programs
13 lead.
14 3. Student development of individual career plans.
15 4. Integration of academic and vocational skills in
16 the secondary curriculum.
17 5. Student preparation to enter the workforce and
18 enroll in postsecondary education without being required to
19 complete college-preparatory or vocational-preparatory
20 instruction.
21 6. Student retention in school through high school
22 graduation.
23 7. Career and technical Vocational curriculum
24 articulation with corresponding postsecondary programs in the
25 local area technical center or community college, or both.
26 Section 11. Effective January 1, 2002, subsection (1)
27 of section 212.13, Florida Statutes, is amended to read:
28 212.13 Records required to be kept; power to inspect;
29 audit procedure.--
30 (1)(a) For the purpose of enforcing the collection of
31 the tax levied by this chapter, the department is hereby
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1 specifically authorized and empowered to examine at all
2 reasonable hours the books, records, and other documents of
3 all transportation companies, agencies, or firms that conduct
4 their business by truck, rail, water, aircraft, or otherwise,
5 in order to determine what dealers, or other persons charged
6 with the duty to report or pay a tax under this chapter, are
7 importing or are otherwise shipping in articles or tangible
8 personal property which are liable for said tax. In the event
9 said transportation company, agency, or firm refuses to permit
10 such examination of its books, records, or other documents by
11 the department as aforesaid, it is guilty of a misdemeanor of
12 the first degree, punishable as provided in s. 775.082 or s.
13 775.083. If, however, any subsequent offense involves
14 intentional destruction of such records with an intent to
15 evade payment of or deprive the state of any tax revenues,
16 such subsequent offense shall be a felony of the third degree,
17 punishable as provided in s. 775.082 or s. 775.083. The
18 department shall have the right to proceed in any chancery
19 court to seek a mandatory injunction or other appropriate
20 remedy to enforce its right against the offender, as granted
21 by this section, to require an examination of the books and
22 records of such transportation company or carrier.
23 (b) Each freight forwarder operating in this state
24 shall provide a warehouse receipt for any tangible personal
25 property received from any person for the purpose of
26 transporting such property outside this state by air or water.
27 The warehouse receipt shall be provided to the person who
28 engages the freight forwarder to arrange such transportation
29 at the time the tangible personal property is delivered to the
30 freight forwarder. The warehouse receipt shall contain the
31 name, address, and telephone number of the freight forwarder,
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1 a preprinted warehouse receipt number, the date the property
2 was delivered to the freight forwarder, and a brief
3 description of the tangible personal property. Within 2 weeks
4 after the date the freight forwarder receives the airway bill
5 or bill of lading from the transportation company with whom
6 the freight forwarder has contracted to transport the tangible
7 personal property, the freight forwarder shall mail or deliver
8 the airway bill or bill of lading to the person for whom the
9 freight forwarder arranged transportation of the tangible
10 personal property. The warehouse receipt and airway bill or
11 bill of lading shall constitute evidence that the tangible
12 personal property was sold in a sale for export under s.
13 212.06(5)(a). A freight forwarder shall maintain a copy of
14 each such warehouse receipt, airway bill, and bill of lading
15 in its own records for a period of 3 years. Any freight
16 forwarder who fails to provide the documentation required by
17 this paragraph to a person who arranges air or water
18 transportation of tangible personal property through the
19 freight forwarder or who fails to maintain such required
20 documentation in its records as provided in this paragraph
21 commits a misdemeanor of the second degree, punishable as
22 provided in s. 775.082 or s. 775.083.
23 Section 12. Subsection (3) of section 288.012, Florida
24 Statutes, is amended to read:
25 288.012 State of Florida foreign offices.--The
26 Legislature finds that the expansion of international trade
27 and tourism is vital to the overall health and growth of the
28 economy of this state. This expansion is hampered by the lack
29 of technical and business assistance, financial assistance,
30 and information services for businesses in this state. The
31 Legislature finds that these businesses could be assisted by
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1 providing these services at State of Florida foreign offices.
2 The Legislature further finds that the accessibility and
3 provision of services at these offices can be enhanced through
4 cooperative agreements or strategic alliances between state
5 entities, local entities, foreign entities, and private
6 businesses.
7 (3) By December October 1 of each year, each foreign
8 office shall submit to the Office of Tourism, Trade, and
9 Economic Development a complete and detailed report on its
10 activities and accomplishments during the preceding fiscal
11 year. The reports must be compiled and submitted to the Office
12 of Tourism, Trade, and Economic Development on behalf of the
13 foreign offices by Enterprise Florida, Inc., as part of the
14 annual report of Enterprise Florida, Inc., required under s.
15 288.906. In a format provided by Enterprise Florida, Inc., the
16 report must set forth information on:
17 (a) The number of Florida companies assisted.
18 (b) The number of inquiries received about investment
19 opportunities in this state.
20 (c) The number of trade leads generated.
21 (d) The number of investment projects announced.
22 (e) The estimated U.S. dollar value of sales
23 confirmations.
24 (f) The number of representation agreements.
25 (g) The number of company consultations.
26 (h) Barriers or other issues affecting the effective
27 operation of the office.
28 (i) Changes in office operations which are planned for
29 the current fiscal year.
30 (j) Marketing activities conducted.
31
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1 (k) Strategic alliances formed with organizations in
2 the country in which the office is located.
3 (l) Activities conducted with other Florida foreign
4 offices.
5 (m) Any other information that the office believes
6 would contribute to an understanding of its activities.
7 Section 13. Paragraphs (a) and (c) of subsection (3)
8 of section 288.095, Florida Statutes, are amended to read:
9 288.095 Economic Development Trust Fund.--
10 (3)(a) The Office of Tourism, Trade, and Economic
11 Development may approve applications for certification
12 pursuant to ss. 288.1045(3) and 288.106. However, the total
13 state share of tax refund payments scheduled in all active
14 certifications for fiscal year 2000-2001 shall not exceed $24
15 million. The state share of tax refund payments scheduled in
16 all active certifications for fiscal year 2001-2002 may and
17 each subsequent year shall not exceed $30 million. The total
18 for each subsequent fiscal year may not exceed $35 million.
19 (c) By December 31 September 30 of each year,
20 Enterprise Florida, Inc., the Office of Tourism, Trade, and
21 Economic Development shall submit a complete and detailed
22 report to the Governor, the President of the Senate, the
23 Speaker of the House of Representatives, and the Office of
24 Tourism, Trade, and Economic Development board of directors of
25 Enterprise Florida, Inc., created under part VII of this
26 chapter, of all applications received, recommendations made to
27 the Office of Tourism, Trade, and Economic Development, final
28 decisions issued, tax refund agreements executed, and tax
29 refunds paid or other payments made under all programs funded
30 out of the Economic Development Incentives Account, including
31 analyses of benefits and costs, types of projects supported,
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1 and employment and investment created. Enterprise Florida,
2 Inc., The Office of Tourism, Trade, and Economic Development
3 shall also include a separate analysis of the impact of such
4 tax refunds on state enterprise zones designated pursuant to
5 s. 290.0065, rural communities, brownfield areas, and
6 distressed urban communities. By December 1 of each year, the
7 board of directors of Enterprise Florida, Inc., shall review
8 and comment on the report, and the board shall submit the
9 report, together with the comments of the board, to the
10 Governor, the President of the Senate, and the Speaker of the
11 House of Representatives. The report must discuss whether the
12 authority and moneys appropriated by the Legislature to the
13 Economic Development Incentives Account were managed and
14 expended in a prudent, fiducially sound manner. The Office of
15 Tourism, Trade, and Economic Development shall assist
16 Enterprise Florida, Inc. in the collection of data related to
17 business performance and incentive payments.
18 Section 14. Paragraphs (a) and (d) of subsection (3),
19 paragraphs (a) and (c) of subsection (4), and subsections (5)
20 and (6) of section 288.106, Florida Statutes, are amended to
21 read:
22 288.106 Tax refund program for qualified target
23 industry businesses.--
24 (3) APPLICATION AND APPROVAL PROCESS.--
25 (a) To apply for certification as a qualified target
26 industry business under this section, the business must file
27 an application with the office before the business has made
28 the decision to locate a new business in this state or before
29 the business had made the decision to expand an existing
30 business in this state. The application shall include, but is
31 not limited to, the following information:
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1 1. The applicant's federal employer identification
2 number and the applicant's state sales tax registration
3 number.
4 2. The permanent location of the applicant's facility
5 in this state at which the project is or is to be located.
6 3. A description of the type of business activity or
7 product covered by the project, including four-digit SIC codes
8 for all activities included in the project.
9 4. The number of net new full-time equivalent Florida
10 jobs at the qualified target industry business as of December
11 31 of each year included in this state that are or will be
12 dedicated to the project and the average wage of those jobs.
13 If more than one type of business activity or product is
14 included in the project, the number of jobs and average wage
15 for those jobs must be separately stated for each type of
16 business activity or product.
17 5. The total number of full-time equivalent employees
18 currently employed at the business unit, and if the business
19 unit is a member of a larger group of affiliated businesses,
20 an estimate of the total number of employees of these
21 affiliated businesses by the applicant in this state.
22 6. The anticipated commencement date of the project.
23 7. A brief statement concerning the role that the tax
24 refunds requested will play in the decision of the applicant
25 to locate or expand in this state.
26 8. An estimate of the proportion of the sales
27 resulting from the project that will be made outside this
28 state.
29 9. A resolution adopted by the governing board of the
30 county or municipality in which the project will be located,
31 which resolution recommends that certain types of businesses
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1 be approved as a qualified target industry business and states
2 that the commitments of local financial support necessary for
3 the target industry business exist. In advance of the passage
4 of such resolution, the office may also accept an official
5 letter from an authorized local economic development agency
6 that endorses the proposed target industry project and pledges
7 that sources of local financial support for such project
8 exist. For the purposes of making pledges of local financial
9 support under this subsection, the authorized local economic
10 development agency shall be officially designated by the
11 passage of a one-time resolution by the local governing
12 authority.
13 10. Any additional information requested by the
14 office.
15 (d) The office shall forward its written findings and
16 evaluation concerning each application meeting the
17 requirements of paragraph (b) to the director within 45
18 calendar days after receipt of a complete application. The
19 office shall notify each target industry business when its
20 application is complete, and of the time when the 45-day
21 period begins. In its written report to the director, the
22 office shall specifically address each of the factors
23 specified in paragraph (c) and shall make a specific
24 assessment with respect to the minimum requirements
25 established in paragraph (b). The office shall include in its
26 report projections of the tax refunds the business would be
27 eligible to receive refund claim that will be sought by the
28 target industry business in each fiscal year based on the
29 creation and maintenance of the net new Florida jobs specified
30 in subparagraph (a)4. as of December 31 of the preceding state
31 fiscal year information submitted in the application.
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1 (4) TAX REFUND AGREEMENT.--
2 (a) Each qualified target industry business must enter
3 into a written agreement with the office which specifies, at a
4 minimum:
5 1. The total number of full-time equivalent jobs in
6 this state that will be dedicated to the project, the average
7 wage of those jobs, the definitions that will apply for
8 measuring the achievement of these terms during the pendency
9 of the agreement, and a time schedule or plan for when such
10 jobs will be in place and active in this state. This
11 information must be the same as the information contained in
12 the application submitted by the business under subsection
13 (3).
14 2. The maximum amount of tax refunds which the
15 qualified target industry business is eligible to receive on
16 the project and the maximum amount of a tax refund that the
17 qualified target industry business is eligible to receive in
18 each fiscal year, based on the job creation and maintenance
19 schedule specified in subparagraph 1.
20 3. That the office may review and verify the financial
21 and personnel records of the qualified target industry
22 business to ascertain whether that business is in compliance
23 with this section.
24 4. The date by after which, in each fiscal year, the
25 qualified target industry business may file a an annual claim
26 under subsection (5) to be considered to receive a tax refund
27 in the following fiscal year.
28 5. That local financial support will be annually
29 available and will be paid to the account. The director may
30 not enter into a written agreement with a qualified target
31 industry business if the local financial support resolution is
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1 not passed by the local governing authority within 90 days
2 after he or she has issued the letter of certification under
3 subsection (3).
4 (c) The agreement must be signed by the director and
5 by an authorized officer of the qualified target industry
6 business within 120 days after the issuance of the letter of
7 certification under subsection (3), but not before passage and
8 receipt of the resolution of local financial support. The
9 office may grant an extension of this period at the written
10 request of the qualified target industry business.
11 (5) ANNUAL CLAIM FOR REFUND.--
12 (a) To be eligible to claim any scheduled tax refund,
13 a qualified target industry business that has entered into a
14 tax refund agreement with the office under subsection (4) must
15 may apply by January 31 of once each fiscal year to the office
16 for the a tax refund scheduled to be paid from the
17 appropriation for the fiscal year which begins on July 1
18 following the January 31 claims submission date. The office
19 may, upon written request, grant a 30-day extension of the
20 filing date. The application must be made on or after the date
21 specified in that agreement.
22 (b) The claim for refund by the qualified target
23 industry business must include a copy of all receipts
24 pertaining to the payment of taxes for which the refund is
25 sought and data related to achievement of each performance
26 item specified in the tax refund agreement. The amount
27 requested as a tax refund may not exceed the amount specified
28 for the relevant that fiscal year in that agreement.
29 (c) A tax refund may not be approved for a qualified
30 target industry business unless the required local financial
31 support has been paid into the account for that refund in that
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1 fiscal year. If the local financial support provided is less
2 than 20 percent of the approved tax refund, the tax refund
3 must be reduced. In no event may the tax refund exceed an
4 amount that is equal to 5 times the amount of the local
5 financial support received. Further, funding from local
6 sources includes any tax abatement granted to that business
7 under s. 196.1995 or the appraised market value of municipal
8 or county land conveyed or provided at a discount to that
9 business. The amount of any tax refund for such business
10 approved under this section must be reduced by the amount of
11 any such tax abatement granted or the value of the land
12 granted; and the limitations in subsection (2) and paragraph
13 (3)(f) must be reduced by the amount of any such tax abatement
14 or the value of the land granted. A report listing all sources
15 of the local financial support shall be provided to the office
16 when such support is paid to the account.
17 (d) A prorated tax refund, less a 5-percent penalty,
18 shall be approved for a qualified target industry business
19 provided all other applicable requirements have been satisfied
20 and the business proves to the satisfaction of the director
21 that it has achieved at least 80 percent of its projected
22 employment and that the average wage paid by the business is
23 at least 90 percent of the average wage specified in the tax
24 refund agreement, but in no case less than 115 percent of the
25 average private-sector wage in the area available at the time
26 of the claim, or 150 percent or 200 percent of the average
27 private-sector wage if the business requested the additional
28 per job tax refund authorized in (2)(b) for wages above those
29 levels. The prorated tax refund shall be calculated by
30 multiplying the tax refund amount for which the qualified
31 target industry business would have been eligible, if all
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1 applicable requirements had been satisfied, by the percentage
2 of the average employment specified in the tax refund
3 agreement which was achieved, and by the percentage of the
4 average wages specified in the tax refund agreement which was
5 achieved.
6 (e) The director, with such assistance as may be
7 required from the office, the Department of Revenue, or the
8 Agency for Workforce Innovation Department of Labor and
9 Employment Security, shall, by June 30 following the scheduled
10 date for the tax refund claim submission, specify by written
11 final order the approval or disapproval of the tax refund
12 claim and, if approved, the amount of the tax refund that is
13 authorized to be paid to for the qualified target industry
14 business for the fiscal year within 30 days after the date
15 that the claim for the annual tax refund is received by the
16 office. The office may grant an extension of this date on the
17 request of the qualified target industry business for the
18 purpose of filing additional information in support of the
19 claim.
20 (f) The total amount of tax refund claims approved by
21 the director under this section in any fiscal year must not
22 exceed the amount authorized under s. 288.095(3).
23 (g) Nothing in this section shall create a presumption
24 that a scheduled tax refund claim will be approved and paid.
25 (h)(g) Upon approval of the tax refund under
26 paragraphs (c), (d), and (e), the Comptroller shall issue a
27 warrant for the amount specified in the final order. If the
28 final order is appealed, the Comptroller may not issue a
29 warrant for a refund to the qualified target industry business
30 until the conclusion of all appeals of that order.
31 (6) ADMINISTRATION.--
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1 (a) The office is authorized to verify information
2 provided in any claim submitted for tax credits under this
3 section with regard to employment and wage levels or the
4 payment of the taxes to the appropriate agency or authority,
5 including the Department of Revenue, the Agency for Workforce
6 Innovation Department of Labor and Employment Security, or any
7 local government or authority.
8 (b) To facilitate the process of monitoring and
9 auditing applications made under this program, the office may
10 provide a list of qualified target industry businesses to the
11 Department of Revenue, to the Agency for Workforce Innovation
12 Department of Labor and Employment Security, or to any local
13 government or authority. The office may request the assistance
14 of those entities with respect to monitoring jobs and wages
15 and the payment of the taxes listed in subsection (2).
16 (c) Funds specifically appropriated for the tax refund
17 program for qualified target industry businesses shall not be
18 used for any purpose other than the payment of tax refunds
19 authorized by this section.
20 Section 15. Subsection (8) of section 288.90151,
21 Florida Statutes, is amended to read:
22 288.90151 Return on investment from activities of
23 Enterprise Florida, Inc.--
24 (8) Enterprise Florida, Inc., in consultation with the
25 Office of Program Policy Analysis and Government
26 Accountability, shall hire a private accounting firm or an
27 economic analysis firm to develop the methodology for
28 establishing and reporting return-on-investment and in-kind
29 contributions as described in this section and a survey firm
30 to develop, analyze, and report on the results of the
31 customer-satisfaction survey. The Office of Program Policy
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1 Analysis and Government Accountability shall review and offer
2 feedback on the methodology before it is implemented. The
3 firms used to satisfy the requirements of this subsection
4 private accounting firm shall certify whether the applicable
5 statements in the annual report comply with this subsection.
6 Section 16. Subsection (2) of section 288.905, Florida
7 Statutes, is amended to read:
8 288.905 Duties of the board of directors of Enterprise
9 Florida, Inc.--
10 (2) The board of directors shall, in conjunction with
11 the Office of Tourism, Trade, and Economic Development, the
12 Office of Urban Opportunities, and local and regional economic
13 development partners, develop a strategic plan for economic
14 development for the State of Florida. Such plan shall be
15 submitted to the Governor, the President of the Senate, the
16 Speaker of the House of Representatives, the Senate Minority
17 Leader, and the House Minority Leader and shall be updated or
18 modified before January 31 1 of each year. The plan must be
19 approved by the board of directors prior to submission to the
20 Governor and Legislature.
21 Section 17. Paragraph (a) of subsection (2) of section
22 288.980, Florida Statutes, is amended to read:
23 288.980 Military base retention; legislative intent;
24 grants program.--
25 (2)(a) The Office of Tourism, Trade, and Economic
26 Development is authorized to award grants from any funds
27 specifically appropriated available to it to support
28 activities related to the retention of military installations
29 potentially affected by federal base closure or realignment.
30 Section 18. Sections 19 through 21 of this act may be
31 cited as the "New Product Transfer Enhancement Act."
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1 Section 19. Effective January 1, 2002, section
2 288.907, Florida Statutes, is created to read:
3 288.907 Licensing of products or technologies by donor
4 companies to receiving companies; tax credits.--
5 (1) The purpose of this section is to promote economic
6 growth by providing an incentive for corporations which have
7 developed or patented products or technologies they do not
8 wish to develop further to license those items to companies
9 located in Florida for production and marketing.
10 (2) As used in this section:
11 (a) "Annual statement of corporate tax credit" means
12 the statement produced by Enterprise Florida, Inc., for each
13 donor company listing the total amount of credit available to
14 the donor company for all of the product development
15 agreements it has entered into. This statement shall also
16 include any additional information specified in the product
17 development agreement.
18 (b) "Annual statement of fees due" means the statement
19 submitted by the receiving company to Enterprise Florida,
20 Inc., and the Department of Revenue each year, which lists the
21 amount of fees and royalties owed by it under the product
22 development agreement to the donor company for the preceding
23 calendar year. This statement shall contain any additional
24 information specified in the product development agreement.
25 (c) "Donor company" means an entity subject to the tax
26 imposed by chapter 220 which has developed or holds the patent
27 for a product or technology that it does not wish to develop
28 itself and which has entered into a product development
29 agreement.
30 (d) "Product development agreement" means a contract
31 or series of contracts which provides the receiving company
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1 with the right to produce and market a product or technology
2 which was developed or patented by the donor company.
3 (e) "Receiving company" means a business operating in
4 Florida which has entered into a product development agreement
5 for the purpose of obtaining the right to produce and market a
6 product or technology from a donor company.
7 (3) Enterprise Florida, Inc., shall actively seek out
8 corporations which may be interested in becoming donor
9 companies and Florida businesses which may be interested in
10 becoming receiving companies and attempt to facilitate the
11 formation of product development agreements.
12 (4) To qualify under this section, a product
13 development agreement shall specify that a minimum of 75
14 percent of the jobs created by the production of the new
15 product or technology shall be located in Florida. In
16 addition, the agreement shall specify the amount of
17 compensation to be remitted by the receiving company for the
18 license. The agreement shall further provide for submission by
19 the receiving company of an annual statement of fees due to
20 both Enterprise Florida, Inc., and the Department of Revenue
21 and specify the information to be included in the statement.
22 (5) Each receiving company shall submit an annual
23 statement of fees due to Enterprise Florida, Inc., and the
24 Department of Revenue by February 1 each year, in a format
25 approved by Enterprise Florida, Inc. Enterprise Florida, Inc.,
26 shall be responsible for producing an annual statement of
27 corporate tax credit for each donor company using the
28 information contained in the statements. The corporate tax
29 credit for each donor company shall equal 94.5 percent of the
30 total of the amounts specified in the annual statements of
31 fees due from all receiving companies with which it has
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1 entered a product development agreement. In any year the total
2 amount of credits granted under all annual statements of
3 corporate tax credit shall not exceed 94.5 percent of the
4 amount due to the state under all annual statements of fees
5 due.
6 (6) Enterprise Florida, Inc., shall send the annual
7 statement of corporate tax credit to each donor company by
8 March 1 each year. These statements shall contain the
9 information specified by the product development agreement.
10 Enterprise Florida, Inc., shall also submit to the Department
11 of Revenue a statement, in a format approved by the
12 department, which specifies the amount of tax credit due to
13 each donor company and the identities of the receiving
14 companies from which those credits originated.
15 Section 20. Effective January 1, 2002, section
16 220.115, Florida Statutes, is created to read:
17 220.115 Fees due from receiving companies pursuant to
18 s. 288.907.--In addition to the tax imposed by this chapter,
19 any company that has entered into a product development
20 agreement pursuant to s. 288.907 as a receiving company shall
21 remit to the state the funds listed as due on the annual
22 statement of fees due which the company has submitted to both
23 Enterprise Florida, Inc., and the Department of Revenue. Even
24 if no tax is due under this chapter and a return would not
25 normally be required, a Florida corporate income tax return
26 shall be filed by the receiving company, and the funds listed
27 on the annual statement of fees due shall be remitted to the
28 department, subject to all filing requirements, fines, and
29 penalties specified for returns and taxes due under this
30 chapter. The Department of Revenue may adopt rules requiring
31 the information that it considers necessary to ensure that the
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1 funds due under this section are properly reported and paid,
2 including, but not limited to, rules relating to the methods,
3 forms (including the filing of returns by the receiving
4 companies), deadlines, and penalties for providing the
5 information required under this section.
6 Section 21. Effective January 1, 2002, section
7 220.1825, Florida Statutes, is created to read:
8 220.1825 Credit for donor companies pursuant to s.
9 288.907.--Upon remittance of funds to the Department of
10 Revenue by a receiving company under s. 220.115, a credit
11 against the tax imposed by this chapter shall be allowed to
12 the donor company that has entered into a product development
13 agreement with that receiving company pursuant to s. 288.907,
14 which credit shall be limited to 94.5 percent of the amount
15 stated in the annual statement of corporate tax credit
16 provided to the company by Enterprise Florida, Inc. If any
17 credit granted under this section is not fully used in the
18 first year for which it becomes available, the unused amount
19 may be carried forward for a period not to exceed 5 years. The
20 Department of Revenue may adopt rules relating to the method
21 of reporting and claiming this credit.
22 Section 22. Effective January 1, 2002, subsection (8)
23 of section 220.02, Florida Statutes, is amended to read:
24 220.02 Legislative intent.--
25 (8) It is the intent of the Legislature that credits
26 against either the corporate income tax or the franchise tax
27 be applied in the following order: those enumerated in s.
28 631.828, those enumerated in s. 220.191, those enumerated in
29 s. 220.181, those enumerated in s. 220.183, those enumerated
30 in s. 220.182, those enumerated in s. 220.1895, those
31 enumerated in s. 221.02, those enumerated in s. 220.184, those
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1 enumerated in s. 220.186, those enumerated in s. 220.1845,
2 those enumerated in s. 220.19, and those enumerated in s.
3 220.185, and those enumerated in s. 220.1825.
4 Section 23. Section 121.155, Florida Statutes, is
5 created to read:
6 121.155 Investments in support of economic development
7 strategies; legislative findings and intent.--
8 (1) The Legislature finds that:
9 (a) The recruitment, retention, and expansion of
10 high-technology businesses are a principal economic
11 development strategy of the state.
12 (b) High-technology businesses have the potential to
13 contribute significantly to the prosperity of the state and
14 its residents through the creation of employment opportunities
15 and through the generation of revenues into the economy.
16 (c) A significant barrier to the growth of
17 high-technology businesses in the state is caused by a lack of
18 access to sources of capital to support the activities of such
19 businesses.
20 (d) The State Board of Administration, through the
21 investment of funds of the System Trust Fund, has the ability
22 to influence the availability of capital in the marketplace
23 for businesses located in the state.
24 (e) The investment of funds of the System Trust Fund
25 in a manner consistent with the economic development goals of
26 the state enhances the prospects for fulfillment of such
27 goals.
28 (2) It is the intent of the Legislature that the State
29 Board of Administration, consistent with sound investment
30 policy and with the investment provisions set forth in ss.
31 215.44-215.53, maximize opportunities to invest and reinvest
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1 available funds of the System Trust Fund in a manner that is
2 consistent with, and that supports fulfillment of, the
3 economic development strategies of the state, including
4 investing and reinvesting funds in support of the capital
5 needs of emerging and strategic high-technology businesses
6 located in the state. It is further the intent of the
7 Legislature that the State Board of Administration, in
8 supporting fulfillment of the economic development strategies
9 of the state, establish partnerships, where feasible, with
10 venture capital firms designed to facilitate investment of
11 venture capital in high-technology businesses located in this
12 state.
13 (3) Staff of the State Board of Administration shall
14 regularly solicit information from Enterprise Florida, Inc.,
15 on those high-technology business sectors that research
16 indicates have significant potential to contribute to the
17 economic development of the state and shall provide such
18 information to the Investment Advisory Council created under
19 s. 215.444.
20 (4) As part of the annual report required under s.
21 215.44, the State Board of Administration shall describe those
22 investment activities during the year in furtherance of the
23 findings and intent of this section.
24 Section 24. Section 159.26, Florida Statutes, is
25 amended to read:
26 159.26 Legislative findings and purposes.--The
27 Legislature finds and declares that:
28 (1) The agriculture, tourism, urban development,
29 historic preservation, information technology, education, and
30 health care industries, among others, are vital to the economy
31 of the state and to the welfare of the people and need to be
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1 enhanced and expanded to improve the competitive position of
2 the state;
3 (2) There is a need to enhance other economic activity
4 in the state by attracting manufacturing development, business
5 enterprise management, and other activities conducive to
6 economic promotion in order to provide a stronger, more
7 balanced, and stable economy in the state, while providing
8 through pollution control and otherwise for the health and
9 safety of the people;
10 (3) In order to improve the prosperity and welfare of
11 the state and its inhabitants; to improve education, living
12 conditions, and health care; to promote the preservation of
13 historic structures; to promote the rehabilitation of
14 enterprise zones; to promote improved transportation; to
15 promote effective and efficient pollution control throughout
16 the state; to promote the advancement of education and science
17 and research in and the economic development of the state; to
18 promote the advancement of information technology; and to
19 increase purchasing power and opportunities for gainful
20 employment, it is necessary and in the public interest to
21 facilitate the financing of the projects provided for in this
22 part and to facilitate and encourage the planning and
23 development of these projects without regard to the boundaries
24 between counties, municipalities, special districts, and other
25 local governmental bodies or agencies in order to more
26 effectively and efficiently serve the interests of the
27 greatest number of people in the widest area practicable; and
28 (4) The purposes to be achieved by such projects and
29 the financing of them in compliance with the criteria and
30 requirements of this part are predominantly the public
31 purposes stated in this section, and such purposes implement
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1 the governmental purposes under the State Constitution of
2 providing for the health, safety, and welfare of the people,
3 including implementing the purpose of s. 10(c), Art. VII of
4 the State Constitution.
5 Section 25. Subsection (5) of section 159.27, Florida
6 Statutes, is amended, and subsection is added to that section
7 to read:
8 159.27 Definitions.--The following words and terms,
9 unless the context clearly indicates a different meaning,
10 shall have the following meanings:
11 (5) "Project" means any capital project comprising an
12 industrial or manufacturing plant, a research and development
13 park, an information technology facility, an agricultural
14 processing or storage facility, a warehousing or distribution
15 facility, a headquarters facility, a tourism facility, a
16 convention or trade show facility, an urban parking facility,
17 a trade center, a health care facility, an educational
18 facility, a correctional or detention facility, a motion
19 picture production facility, a preservation or rehabilitation
20 of a certified historic structure, an airport or port
21 facility, a commercial project in an enterprise zone, a
22 pollution-control facility, a hazardous or solid waste
23 facility, a social service center, or a mass commuting
24 facility, including one or more buildings and other
25 structures, whether or not on the same site or sites; any
26 rehabilitation, improvement, renovation, or enlargement of, or
27 any addition to, any buildings or structures for use as a
28 factory, a mill, a processing plant, an assembly plant, a
29 fabricating plant, an industrial distribution center, a
30 repair, overhaul, or service facility, a test facility, an
31 agricultural processing or storage facility, a warehousing or
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1 distribution facility, a headquarters facility, a tourism
2 facility, a convention or trade show facility, an urban
3 parking facility, a trade center, a health care facility, an
4 educational facility, a correctional or detention facility, a
5 motion picture production facility, a preservation or
6 rehabilitation of a certified historic structure, an airport
7 or port facility, a commercial project in an enterprise zone,
8 a pollution-control facility, a hazardous or solid waste
9 facility, a social service center, or a mass commuting
10 facility, and other facilities, including research and
11 development facilities and information technology facilities,
12 for manufacturing, processing, assembling, repairing,
13 overhauling, servicing, testing, or handling of any products
14 or commodities embraced in any industrial or manufacturing
15 plant, in connection with the purposes of a research and
16 development park, or other facilities for or used in
17 connection with an agricultural processing or storage
18 facility, a warehousing or distribution facility, a
19 headquarters facility, a tourism facility, a convention or
20 trade show facility, an urban parking facility, a trade
21 center, a health care facility, an educational facility, a
22 correctional or detention facility, a motion picture
23 production facility, a preservation or rehabilitation of a
24 certified historic structure, an airport or port facility, or
25 a commercial project in an enterprise zone or for controlling
26 air or water pollution or for the disposal, processing,
27 conversion, or reclamation of hazardous or solid waste, a
28 social service center, or a mass commuting facility; and
29 including also the sites thereof and other rights in land
30 therefor whether improved or unimproved, machinery, equipment,
31 site preparation and landscaping, and all appurtenances and
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1 facilities incidental thereto, such as warehouses, utilities,
2 access roads, railroad sidings, truck docking and similar
3 facilities, parking facilities, office or storage or training
4 facilities, public lodging and restaurant facilities, dockage,
5 wharfage, solar energy facilities, and other improvements
6 necessary or convenient for any manufacturing or industrial
7 plant, research and development park, information technology
8 facility, agricultural processing or storage facility,
9 warehousing or distribution facility, tourism facility,
10 convention or trade show facility, urban parking facility,
11 trade center, health care facility, educational facility, a
12 correctional or detention facility, motion picture production
13 facility, preservation or rehabilitation of a certified
14 historic structure, airport or port facility, commercial
15 project in an enterprise zone, pollution-control facility,
16 hazardous or solid waste facility, social service center, or a
17 mass commuting facility and any one or more combinations of
18 the foregoing.
19 (25) "Information technology facility" means a
20 building or structure, including infrastructure such as roads,
21 power, water, network access points, and fiber optic cable
22 leading to the structure, which is used to house businesses
23 classified within the following codes of the North American
24 Industry Classification System (NAICS): 334111 (electronic
25 computer manufacturing), 334112 (computer storage device
26 manufacturing), 334113 (computer terminal manufacturing),
27 334119 (other computer peripheral equipment manufacturing),
28 334613 (magnetic and optical recording media manufacturing),
29 334418 (printed circuit assembly manufacturing), 334411
30 (electron tube manufacturing), 334412 (bare printed circuit
31 board manufacturing), 334413 (semiconductor and related device
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1 manufacturing), 334417 (electronic connector manufacturing),
2 334611 (software reproducing), 541512 (computer systems design
3 services), 51421 (data processing services), 514191 (on-line
4 information services), 811212 (computer and office machine
5 repair and maintenance), 44312 (computer and software
6 stores-retail), 541519 (other computer related services),
7 42143 (computer and computer peripheral equipment and software
8 wholesalers), 51121 (software publishers), 541511 (custom
9 computer programming services), and 61142 (computer training).
10 The term also includes joint-use advanced digital media
11 research and production facilities created pursuant to
12 authority from the Legislature for the Office of Tourism,
13 Trade, and Economic Development to administer a program
14 facilitating the establishment and maintenance of such digital
15 media facilities.
16 Section 26. Subsection (10) of section 159.705,
17 Florida Statutes, is amended to read:
18 159.705 Powers of the authority.--The authority is
19 authorized and empowered:
20 (10) Other provisions of law to the contrary
21 notwithstanding, to acquire by lease, without consideration,
22 purchase, or option any lands owned, administered, managed,
23 controlled, supervised, or otherwise protected by the state or
24 any of its agencies, departments, boards, or commissions for
25 the purpose of establishing a research and development park,
26 subject to being first designated a research and development
27 authority under the provisions of ss. 159.701-159.7095. The
28 authority may cooperate with state and local political
29 subdivisions and with private profit and nonprofit entities to
30 implement the public purposes set out in s. 159.701. Such
31 cooperation may include agreements for the use of the
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1 resources of state and local political subdivisions, agencies,
2 or entities on a fee-for-service basis or on a cost-recovery
3 basis. A project that is located in a research and development
4 park and is financed under the provisions of the Florida
5 Industrial Development Financing Act may be operated by a
6 research and development authority, a state university, a
7 Florida community college, or a governmental agency, provided
8 that the purpose and operation of such project is consistent
9 with the purposes and policies enumerated in ss.
10 159.701-159.7095.
11 Section 27. Section 240.1055, Florida Statutes, is
12 created to read:
13 240.1055 Economic development mission.--
14 (1) The Legislature finds that the state system of
15 postsecondary education contributes to the economic well-being
16 of the state and its people through the education and training
17 of individuals for employment, through research and
18 development of technologies that have commercial applications,
19 and through the provision of assistance to businesses based in
20 this state. The Legislature further finds that the quality and
21 activities of the state system of postsecondary education
22 directly affect the success of state, regional, and local
23 efforts to develop, recruit, retain, and expand businesses,
24 particularly high-technology businesses, that create jobs and
25 generate revenue. Therefore, as a fundamental component of the
26 purpose and mission articulated in s. 240.105, the mission of
27 the state system of postsecondary education is to complement,
28 facilitate, and support the economic development strategies
29 and goals of the state and its communities.
30 (2) In recognition and furtherance of the economic
31 development mission of the state system of postsecondary
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1 education, it is the policy of the state to use the patent
2 system and the technology-licensing operations of public
3 universities to promote the use of inventions arising from
4 funded research; to encourage to the maximum extent possible
5 the participation of businesses based in this state in
6 opportunities to commercialize technology; to promote
7 collaboration between businesses in this state and
8 universities; and to secure for the residents of this state
9 enhanced returns on the intellectual property developed by
10 public universities through funded research.
11 Section 28. Section 240.710, Florida Statutes, is
12 amended to read:
13 240.710 Digital Media Education Coordination Group.--
14 (1) The Division of Universities of the Department of
15 Education, or the division's successor entity, Board of
16 Regents shall create a Digital Media Education Coordination
17 Group composed of representatives of the universities within
18 the State University System that shall work in conjunction
19 with the Division Department of Education, the State Board of
20 Community Colleges, the Office of Tourism, Trade, and Economic
21 Development, and the Articulation Coordinating Committee on
22 the development of a plan to enhance Florida's ability to meet
23 the current and future workforce needs of the digital media
24 industry. The following purposes of the group shall be
25 included in its plan development process:
26 (a) Coordination of the use of existing academic
27 programs and research and faculty resources to promote the
28 development of a digital media industry in this state.
29 (b) Address strategies to improve opportunities for
30 interdisciplinary study and research within the emerging field
31 of digital media through the development of tracts in existing
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1 degree programs, new interdisciplinary degree programs, and
2 interdisciplinary research centers.
3 (c) Address the sharing of resources among
4 universities in such a way as to allow a student to take
5 courses from multiple departments or multiple educational
6 institutions in pursuit of competency, certification, and
7 degrees in digital information and media technology.
8 (2) Where practical, private accredited institutions
9 of higher learning in this state should be encouraged to
10 participate.
11 (3) In addition to the elements of the plan governed
12 by the purposes described in subsection (1), the plan shall
13 include, to the maximum extent practical, the coordination of
14 educational resources to be provided by distance learning and
15 shall facilitate to the maximum extent possible articulation
16 and transfer of credits between community colleges and the
17 state universities. The plan shall address student enrollment
18 in affected programs with emphasis on enrollment beginning as
19 early as fall term, 2001.
20 (3)(4) The Digital Media Education Coordination Group
21 shall submit an annual report of its activities with any
22 recommendations for policy implementation or funding to the
23 State Board of Education its plan to the President of the
24 Senate and the Speaker of the House of Representatives no
25 later than February 1 of each year January 1, 2001.
26 Section 29. Paragraph (i) of subsection (6) of section
27 288.108, Florida Statutes, is amended to read:
28 288.108 High-impact business.--
29 (6) SELECTION AND DESIGNATION OF HIGH-IMPACT
30 SECTORS.--
31
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1 (i) For the purposes of this subsection, the
2 semiconductor a high-impact sector consists of the silicon
3 technology sector and the information technology sector are
4 that Enterprise Florida, Inc., has found to be focused around
5 the type of high-impact businesses for which the incentive
6 created in this section subsection is designed. These sectors
7 required and will create the kinds of economic sector and
8 economy wide benefits that justify the use of state resources
9 as economic development incentives. Further, the use of state
10 resources to encourage investment in these sectors is
11 necessary to encourage these investments and require
12 substantial inducements to compete with the incentive packages
13 offered by other states and nations. For the purposes of this
14 subsection and s. 220.191, the term "information technology
15 sector" shall encompass, but not be limited to, the digital
16 media sector as defined by Enterprise Florida, Inc., and
17 approved by the Office of Tourism, Trade, and Economic
18 Development.
19 Section 30. The Legislature finds that the Information
20 Services Technology Development Task Force created under
21 chapter 99-354, Laws of Florida, performed an integral role in
22 analyzing and recommending policies to facilitate the
23 beneficial development and deployment of information
24 technology on a statewide basis. It is the intent of the
25 Legislature that, upon the dissolution of the task force
26 effective July 1, 2001, the state solicit continued policy
27 guidance and direction from a not-for-profit corporation
28 created to advocate on behalf of information technology
29 businesses and other high-technology businesses throughout the
30 state and which does business under the name "itflorida.com,
31 Inc." It further is the intent of the Legislature that the
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1 State Technology Office; the Office of Tourism, Trade, and
2 Economic Development; and Enterprise Florida, Inc., facilitate
3 the formation and initial operation of such corporation to the
4 maximum extent feasible and that such organizations use the
5 corporation as a resource for information and insights about
6 the information technology industry and other high-technology
7 industries.
8 Section 31. Effective upon this act becoming a law,
9 section 288.9522, Florida Statutes, is created to read:
10 288.9522 Florida Research Consortium.--
11 (1) CREATION; INTENT.--
12 (a) There is created the Florida Research Consortium,
13 which shall be organized and operated as a not-for-profit
14 corporation in compliance with chapter 617. The consortium
15 shall serve as an entity for uniting businesses and
16 universities in the state in order to enhance economic
17 development through the development and commercialization of
18 science and technology and for targeting the activities of
19 such universities toward fulfillment of the economic
20 development goals of the state.
21 (b) It is the intent of the Legislature that the
22 Florida Research Consortium complement, and not supplant, any
23 elements of the governance structure for the state system of
24 post-secondary education. It further is the intent of the
25 Legislature that the consortium operate as a private
26 corporation and not as an agency of state government. It also
27 is the intent of the Legislature that the state provide a
28 framework for and facilitate the creation and initial
29 operation of the consortium, but that ultimately the
30 consortium function as a dynamic, independent entity that
31
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1 identifies and implements activities to fulfill strategies
2 developed by its board of directors.
3 (2) BOARD OF DIRECTORS.--The Florida Research
4 Consortium shall be governed by a board of directors comprised
5 of the following members:
6 (a) Ten chief executive officers of businesses based
7 in this state who are appointed by the Governor. Initially, of
8 the 10 chief executive officers, the Governor shall appoint 5
9 members for terms of 4 years, 3 members for terms of 3 years,
10 and 2 members for terms of 2 years. Thereafter, the Governor
11 shall appoint all members for terms of 4 years.
12 (b) Two chief executive officers of businesses based
13 in this state who are appointed by the President of the Senate
14 and who serve at the pleasure of the President.
15 (c) Two chief executive officers of businesses based
16 in this state who are appointed by the Speaker of the House of
17 Representatives and who serve at the pleasure of the Speaker.
18 (d) The presidents of the following universities:
19 1. University of Florida;
20 2. Florida State University;
21 3. University of Central Florida;
22 4. University of South Florida;
23 5. Florida Atlantic University;
24 6. Florida International University;
25 7. Florida Agricultural and Mechanical University;
26 8. University of North Florida;
27 9. Florida Gulf Coast University;
28 10. University of West Florida; and
29 11. University of Miami.
30 (e) The president of Enterprise Florida, Inc.
31 (f) The president of Workforce Florida, Inc.
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1 (g) One representative each from two not-for-profit
2 research institutes located in the state which are not public
3 or private universities, who are appointed by the Governor for
4 terms of 4 years.
5 (h) The Governor or the Governor's designee, who shall
6 serve as an ex officio, nonvoting member.
7 (i) The Commissioner of Education or the
8 commissioner's designee, who shall serve as an ex officio,
9 non-voting member.
10
11 The voting members of the board of directors shall biennially
12 elect one of the voting members of the board to serve as the
13 chairman of the board. All members appointed under paragraphs
14 (a), (b), (c), and (g) are subject to Senate confirmation.
15 (3) PURPOSE.--The purpose of the Florida Research
16 Consortium is to support economic development in the state by
17 linking the research capabilities of member universities with
18 the needs and activities of private businesses in the state
19 and by fostering the development and growth of scientific and
20 technology-based industry and commerce in this state.
21 (4) POWERS AND DUTIES.--The powers and duties of the
22 board of directors of the Florida Research Consortium shall
23 include, but not be limited to:
24 (a) Raising funds from nonstate sources to leverage
25 any appropriations from the Legislature;
26 (b) Identifying three specific disciplines in science
27 or technology which shall be the focus of the activities of
28 the consortium, with such disciplines being narrowly defined
29 and being viable areas of potential success for the state from
30 an economic development and academic perspective;
31
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1 (c) Developing and implementing strategies to recruit
2 and retain preeminent researchers in science and
3 technology-based disciplines to universities in the state,
4 with such strategies including but not being limited to the
5 endowment of faculty or research chairs at universities in the
6 state in the disciplines identified under paragraph (b);
7 (d) Developing and implementing strategies to recruit
8 and retain graduate and undergraduate students in science and
9 technology-based disciplines to universities in the state;
10 (e) Assisting new and expanding science and
11 technology-based businesses with their research, technology
12 commercialization, capital, and workforce needs;
13 (f) Developing and implementing strategies to increase
14 the state's share of research funds;
15 (g) Identifying statutory, regulatory, policy, or
16 other barriers impeding the effective, efficient, and timely
17 transfer of technology and commercialization of research from
18 the university setting and proposing resolutions to such
19 barriers, including reforms to university policies on issues
20 such as conflicts of interest;
21 (h) Developing and implementing strategies to create a
22 culture at member universities which promotes the conduct of
23 applied research and the transfer of technology as fundamental
24 activities of such universities;
25 (i) Developing measures to assess the performance of
26 the technology transfer offices of the member universities in
27 facilitating the transfer of technology to businesses in the
28 state;
29 (j) Facilitating discussions, meetings, and other
30 forms of communication among university researchers, faculty,
31
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1 administrators, and students; high technology businesses in
2 the state; and economic-development professionals;
3 (k) Establishing and maintaining an Internet-based
4 database for the marketing, publication, and exchange of
5 information with the public and private sectors on basic,
6 applied, and other research being conducted at universities in
7 the state;
8 (l) Coordinating donations of equipment from
9 high-technology businesses to secondary schools;
10 (m) Hiring an executive director and other staff for
11 the Florida Research Consortium; and
12 (n) Meeting at least four times each calendar year,
13 with the first meeting of the board of directors being held by
14 July 1, 2001.
15 (5) ANNUAL REPORT.--
16 (a) By January 1 of each year, the Florida Research
17 Consortium shall submit a report of its activities and
18 accomplishments for the year to the Governor, the President of
19 the Senate, and the Speaker of the House of Representatives.
20 The report shall also include specific recommendations
21 regarding actions the state could take to enhance the
22 commercialization of research and transfer of technologies
23 from the universities and to enhance the role of universities
24 in accomplishing the economic development goals of the state.
25 (b) By December 1 of each year, the technology
26 transfer office of each university that is a member of the
27 Florida Research Consortium shall report to the board of
28 directors on the activities of the office during the year
29 related to facilitating the transfer of technology to
30 businesses and on its other activities related to building
31 relationships between university researchers, faculty,
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1 students, and administrators and businesses in the state. The
2 report must include information on the achievement by the
3 office of the performance measures identified under paragraph
4 (4)(i). The board of directors shall summarize the information
5 provided by the technology transfer offices as part of the
6 annual report by the board under paragraph (a).
7 Section 32. (1) Enterprise Florida, Inc., shall
8 provide staff support to the Florida Research Consortium
9 created under section 288.9522, Florida Statutes, to assist
10 the board of directors of the consortium with the initial
11 organization and operation of the consortium, until such time
12 as the board of directors of the consortium hires an executive
13 director or other staff.
14 (2) This section shall take effect upon this act
15 becoming a law.
16 Section 33. (1) The Legislature finds that promoting
17 objectivity in research at public universities is important to
18 ensure that conflicts of interest do not compromise the
19 responsibility of faculty, researchers, staff, and students to
20 the state and the public educational institutions they
21 represent. The Legislature also finds, however, that the
22 transfer of technology from the university setting to the
23 private sector produces economic development benefits for the
24 state and its citizens and is a laudable public policy goal of
25 the state. The Legislature further finds that such transfer of
26 technology is facilitated by encouraging communication and
27 relationships between university employees and business
28 entities. Therefore, it is the intent of the Legislature that
29 public universities in the state operate under policies and
30 procedures that safeguard the public trust but that also
31 facilitate the transfer of technology by not unduly burdening
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1 the building of relationships between university employees and
2 business entities.
3 (2) The Florida Research Consortium created under
4 section 288.9522, Florida Statutes, shall report to the
5 Governor, the President of the Senate, and the Speaker of the
6 House of Representatives by January 1, 2002, on the impact of
7 existing statutes, regulations, policies, and procedures, as
8 well as other factors the consortium identifies, on the
9 transfer and commercialization of technology from the
10 university setting to the private sector and on the ability of
11 university faculty, researchers, other staff, and students to
12 establish relationships with business entities emanating from
13 research conducted at the universities. The report shall
14 include specific recommendations for actions by the
15 Legislature, universities, and state agencies to enhance and
16 promote the transfer and commercialization of technology to
17 produce economic development benefits for the state and its
18 residents. At a minimum, this report must:
19 (a) Examine the code of ethics for public officers and
20 employees under part III of chapter 112, Florida Statutes, to
21 identify any specific provisions that impede the transfer and
22 commercialization of technology and recommend any changes to
23 the code that the consortium deems necessary to address such
24 impediments.
25 (b) Assess the strengths and weaknesses of technology
26 transfer and commercialization policies and practices of the
27 member universities of the consortium and identify any
28 exemplars.
29 (c) Review technology transfer and commercialization
30 policies and practices in other states to identify models for
31 potential adoption in this state.
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1 (d) Examine federal statutes and regulations governing
2 conflicts of interest and disclosure of significant financial
3 interests by researchers who apply for or receive federal
4 research funds and recommend whether comparable statutory or
5 regulatory provisions should be adopted in this state.
6 (e) Analyze the provisions of the federal Bayh-Dole
7 Act and related legislation and recommend whether any
8 comparable provisions should be adopted in this state.
9 (f) Assess the advantages and disadvantages of
10 adopting policies and practices related to the transfer and
11 commercialization of technology on a statewide basis versus at
12 the individual university level.
13 (3) The consortium shall solicit the participation in
14 the preparation of this report of individuals who have
15 expertise related to the transfer and commercialization of
16 technology but who are not members of the consortium.
17 (4) This section shall take effect upon this act
18 becoming a law.
19 Section 34. Section 445.045, Florida Statutes, is
20 amended to read:
21 445.045 Development of an Internet-based system for
22 information technology industry promotion and workforce
23 recruitment.--
24 (1) Workforce Florida, Inc., The Department of Labor
25 and Employment Security shall be responsible for directing
26 facilitate efforts to ensure the development and maintenance
27 of a website that promotes and markets the information
28 technology industry in this state. The website shall be
29 designed to inform the public concerning the scope of the
30 information technology industry in the state and shall also be
31 designed to address the workforce needs of the industry. The
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1 website shall include, through links or actual content,
2 information concerning information technology businesses in
3 this state, including links to such businesses; information
4 concerning employment available at these businesses; and the
5 means by which a jobseeker may post a resume on the website.
6 (2) Workforce Florida, Inc., The Department of Labor
7 and Employment Security shall coordinate with the State
8 Technology Office and the Agency for Workforce Innovation
9 Workforce Development Board of Enterprise Florida, Inc., to
10 ensure links, where feasible and appropriate, to existing job
11 information websites maintained by the state and state
12 agencies and to ensure that information technology positions
13 offered by the state and state agencies are posted on the
14 information technology website.
15 (3) Workforce Florida, Inc., shall ensure that the
16 website developed and maintained under this section is
17 consistent, compatible, and coordinated with the workforce
18 information systems required under s. 445.011, including, but
19 not limited to, the automated job-matching information system
20 for employers, job seekers, and other users.
21 (4)(a) Workforce Florida, Inc., shall coordinate
22 development and maintenance of the website under this section
23 with the state's Chief Information Officer in the State
24 Technology Office to ensure compatibility with the state's
25 information system strategy and enterprise architecture.
26 (b) Workforce Florida, Inc., may enter into an
27 agreement with the State Technology Office, the Agency for
28 Workforce Innovation, or any other public agency with the
29 requisite information technology expertise for the provision
30 of design, operating, or other technological services
31 necessary to develop and maintain the website.
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1 (c) Workforce Florida, Inc., may procure services
2 necessary to implement the provisions of this section,
3 provided, however, that it employs competitive processes,
4 including requests for proposals, competitive negotiation, and
5 other competitive processes to ensure that the procurement
6 results in the most cost-effective investment of state funds.
7 (5) In furtherance of the requirements under this
8 section that the website promote and market the information
9 technology industry by communicating information on the scope
10 of the industry in this state, Workforce Florida, Inc., shall
11 coordinate its efforts with the high-technology industry
12 marketing efforts of Enterprise Florida, Inc., under s.
13 288.911. Through links or actual content, the website
14 developed under this section shall serve as a forum for
15 distributing the marketing campaign developed by Enterprise
16 Florida, Inc., under s. 288.911. In addition, Workforce
17 Florida, Inc., shall solicit input from the not-for-profit
18 corporation created to advocate on behalf of the information
19 technology industry as an outgrowth of the Information Service
20 Technology Development Task Force created under chapter
21 99-354, Laws of Florida.
22 (6) In fulfilling its responsibilities under this
23 section, Workforce Florida, Inc., may enlist the assistance of
24 and act through the Agency for Workforce Innovation. The
25 agency is authorized and directed to provide such services as
26 Workforce Florida, Inc., and the agency deem necessary to
27 implement this section.
28 Section 35. Pilot grant program for youth
29 internships.--
30 (1) Subject to legislative appropriation, Workforce
31 Florida, Inc., shall establish a pilot matching grant program
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1 that is designed to encourage high-technology businesses to
2 employ, train, and mentor financially needy youth through
3 internships completed under the direct supervision of the
4 eligible business. Under this program, Workforce Florida,
5 Inc., may award grants to an eligible business for the benefit
6 of a named eligible youth. Part of the purpose of the program
7 shall be to help financially needy youth acquire and develop
8 information technology skills in order to help close the
9 "digital divide."
10 (2) Grant funds awarded under this program shall be
11 used to supplement the stipend of the eligible youth and must
12 be matched by contributions from the eligible business. The
13 maximum grant amount that may be awarded on behalf of a single
14 eligible youth at one time is $2,000. Workforce Florida, Inc.,
15 may establish limitations on the total number of internship
16 grants that may be awarded to a single eligible business or
17 that may be awarded on behalf of a single eligible youth.
18 (3) An eligible business under this program includes
19 any sole proprietorship, firm, partnership, or corporation in
20 this state that is in the information technology sector,
21 health technology sector, or other high-technology sector that
22 the board of directors of Workforce Florida, Inc., in
23 consultation with Enterprise Florida, Inc., determines is
24 strategically important to the economic development goals of
25 the state.
26 (4) An eligible youth under this program includes a
27 student between the ages of 15 and 18 who is currently
28 enrolled at a high school in Florida and who has not been
29 previously employed within the preceding 12 months by the
30 eligible business, or a successor business, applying for
31 matching funds under this program. The youth must be a member
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1 of a family that includes a parent with one or more minor
2 children or a caretaker with one or more minor children and
3 that is at risk of welfare dependency because the family's
4 income does not exceed 200 percent of the federal poverty
5 level.
6 (5)(a) As part of an application for funding under
7 this program, an eligible business must submit an internship
8 work plan that describes:
9 1. The work to be performed by the eligible youth;
10 2. The anticipated number of hours per week the
11 eligible youth will work;
12 3. The total hourly stipend to be paid to eligible
13 youth, with a description of the portion of the stipend
14 proposed to be paid by the eligible business and the portion
15 of the stipend proposed to be paid by the state;
16 4. The anticipated term of the internship;
17 5. The training and supervision to be provided by the
18 eligible business, particularly in terms of skill development
19 of the youth related to computers and other information
20 technologies;
21 6. The impact of the grant funds on the ability of the
22 eligible business to employ the eligible youth through the
23 internship; and
24 7. The prospects for unsubsidized employment of the
25 youth after the internship period concludes.
26 (b) An application for funding must also identify the
27 eligible youth to be hired under the internship and include
28 information to demonstrate that the eligible youth satisfies
29 the requirements of subsection (4).
30 (6) Workforce Florida, Inc., shall establish
31 guidelines governing the administration of this program which
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1 facilitate access to the program by businesses and shall
2 establish criteria to be used in evaluating an application for
3 funding and the internship plan accompanying the application
4 as required under subsection (5). Such criteria must include,
5 but need not be limited to:
6 (a) The nature of the work to be performed by the
7 eligible youth;
8 (b) The potential experience and skills to be acquired
9 by the eligible youth, particularly related to computers and
10 other information technologies, as identified by Workforce
11 Florida, Inc., which may help address the digital divide;
12 (c) Whether the eligible business is classified in one
13 of the business sectors identified by Enterprise Florida,
14 Inc., as being strategically important to the economic
15 development efforts of the state or is classified in a
16 business sector identified as being strategically important to
17 the particular regional or local area in which the business is
18 located;
19 (d) The supervision, training, and counseling to be
20 provided to the eligible youth as part of the internship;
21 (e) The demonstrated need of the eligible business and
22 the amount of matching funds to be provided by the eligible
23 business; and
24 (f) The extent to which the internship has potential
25 to result in permanent employment with the eligible business
26 at the completion of the internship or anytime thereafter.
27 (7) Before allocating funds for any grant application
28 under this program, Workforce Florida, Inc., shall execute a
29 simplified grant agreement with the eligible business. Such
30 agreement must include provisions for Workforce Florida, Inc.,
31
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1 to have access to information about the performance of
2 eligible youth upon completion of the internship.
3 (8) Workforce Florida, Inc., shall ensure that any
4 forms or reports associated with this program which a business
5 or individual is required to complete are as concise and
6 simple to complete as practicable.
7 (9) Before the 2003 legislative session, Workforce
8 Florida, Inc., shall prepare a report describing the outcomes
9 of the pilot program authorized under this section. The report
10 must include a recommendation as to whether the Legislature
11 should continue to fund the program and on any changes
12 necessary to enhance the program. The report must be submitted
13 to the Governor, the President of the Senate, and the Speaker
14 of the House of Representatives by January 31, 2003.
15 (10) In fulfilling its responsibilities under this
16 section, Workforce Florida, Inc., may enlist the assistance of
17 and act through the Agency for Workforce Innovation. The
18 agency is authorized and directed to provide such services as
19 Workforce Florida, Inc., and the agency deem necessary to
20 implement this section.
21 Section 36. Joint-Use Advanced Digital-Media Research
22 and Production Facilities.--
23 (1) The Legislature finds that developments in digital
24 media are having, and will continue to have, a profound effect
25 on the state, its people, and its businesses in areas
26 including, but not limited to, information technology,
27 simulation technology, and film and entertainment production
28 and distribution. The digital-media industry represents a
29 strategic economic development opportunity for the state to
30 become a global leader in this emerging and dynamic field. The
31 ability of the state to succeed in developing the
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1 digital-media sector, however, depends upon having a workforce
2 with skills necessary to meet the demands of the industry. The
3 Legislature further finds that the convergence of media and
4 the collaboration of businesses and multi-disciplinary
5 academic research programs will enable this state to compete
6 more successfully with other digital-media innovation centers
7 around the country and around the world. Therefore, it is the
8 intent of the Legislature to support the establishment and
9 maintenance of joint-use advanced digital-media research and
10 production facilities in the state to provide regional focal
11 points for collaboration between research and education
12 programs and digital-media industries.
13 (2) Subject to legislative appropriation, the Office
14 of Tourism, Trade, and Economic Development is authorized to
15 create and administer a program to facilitate the
16 establishment and maintenance of joint-use advanced
17 digital-media research and production facilities at strategic
18 locations around the state. The office shall administer all
19 facets of this program in cooperation and consultation with
20 the Office of the Film Commissioner; Enterprise Florida, Inc.;
21 Workforce Florida, Inc.; the Digital Media Education
22 Coordination Group of the State University System; and a
23 not-for-profit corporation that represents information
24 technology businesses throughout the state.
25 (3) The purposes of a joint-use advanced digital-media
26 research and production facility shall include:
27 (a) Creating opportunities for industry, academia, and
28 government to benefit from student and researcher involvement
29 in applied research and development projects and other
30 projects related to digital media.
31
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1 (b) Promoting paths to future employment for students
2 participating in the activities of the facility.
3 (c) Contributing to the development of a skilled
4 workforce to support the needs of the digital-media industry.
5 (d) Facilitating the transfer of research results to
6 commercial and government applications.
7 (e) Integrating the efforts and activities of the
8 diverse, high-technology industries in the state that are
9 critical to the economic future of the state.
10 (f) Assisting producers, suppliers, and distributors
11 to make the transition from well-established passive media
12 infrastructure to a highly interactive and immersive media
13 infrastructure.
14 (g) Performing other functions or activities designed
15 to contribute to the success of the state in becoming a leader
16 in the digital-media industry, as approved by the Office of
17 Tourism, Trade, and Economic Development.
18 (4) In carrying out its responsibilities under this
19 section, the Office of Tourism, Trade, and Economic
20 Development:
21 (a) Shall develop a strategic plan for how joint-use
22 advanced digital-media research and production facilities will
23 be governed and for how such facilities will be funded in the
24 long term. The office may contract for the preparation of the
25 strategic plan required by this paragraph.
26 (b) May contract for the establishment of joint-use
27 advanced digital-media research and production facilities. In
28 identifying, approving, and executing such contracts, the
29 office shall attempt to maximize the use and integration of
30 existing facilities and programs in the state that are
31 suitable for application as joint-use advanced digital-media
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1 facilities. Funds awarded under such contracts may be used to
2 lease or refurbish existing facilities to create
3 state-of-the-art digital-media design, production, and
4 research laboratories that shall be shared by public and
5 private educational institutions and industry partners.
6 (c) Shall ensure that funds appropriated for the
7 program authorized in this section are expended in a manner
8 consistent with the priority needs for developing the
9 digital-media industry in this state, as identified by the
10 organizations listed in subsection (2).
11 (d) Shall require any entity or organization receiving
12 state funding under this section to match such funding with
13 non-state sources.
14 (e) Shall require any joint-use advanced digital-media
15 research and production facility receiving state funds to
16 submit for approval by the office a detailed plan for the
17 operation of such facility. Such operating plan must, at a
18 minimum, include provisions for the establishment of a tenant
19 association, with representation by each tenant using the
20 facility, and for the collection of annual dues from tenants
21 to support the operation and maintenance of the facility.
22 (f) Shall require any joint-use advanced digital-media
23 research and production facility receiving state funding to
24 submit an annual report to the office by a date established by
25 the office. Upon receipt of such annual reports, the office
26 shall provide copies to the Governor, the President of the
27 Senate, and the Speaker of the House of Representatives.
28 (g) Shall establish guidelines and criteria governing
29 the application for and receipt of funds under this section.
30 (h) May, as part of the annual report on the business
31 climate of the state required under section 14.2015, Florida
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1 Statutes, recommend to the Legislature policies designed to
2 enhance the effectiveness of the program for joint-use
3 advanced digital-media research and production facilities or
4 policies designed to otherwise promote the development of the
5 digital-media industry in the state.
6 (5) For the purposes of this section, the term
7 "digital media" is defined as a discipline based on the
8 creative convergence of art, science, and technology for human
9 expression, communication, and social interaction. The Office
10 of Tourism, Trade, and Economic Development, in cooperation
11 and consultation with the organizations identified in
12 subsection (2), shall identify specific types of businesses or
13 types of business activity to be included within the term
14 "digital media."
15 Section 37. The Office of Tourism, Trade, and Economic
16 Development, the Office of the Film Commissioner, and the
17 Digital Media Education Coordination Group shall jointly
18 report to the President of the Senate and the Speaker of the
19 House of Representatives by December 1, 2001, on recommended
20 funding levels for the program to facilitate establishment and
21 maintenance of joint-use advanced digital-media research and
22 production facilities as authorized by this act. The report
23 must include options based on different funding levels and
24 information on the number and types of facilities that the
25 organizations estimate could be established under each funding
26 option. The report also must include an assessment of the
27 long-term costs associated with operating such facilities and
28 an assessment of non-state funding sources that could be
29 accessed to support establishment and maintenance of such
30 facilities.
31
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1 Section 38. (1) In implementing the single, statewide
2 computer-assisted student advising system required under
3 section 240.2099, Florida Statutes, the Board of Regents and
4 the State Board of Community Colleges may:
5 (a) Perform all things necessary to secure letters of
6 patent, copyrights, and trademarks on any work products and
7 enforce their rights with respect thereto.
8 (b) Enter into binding agreements with organizations,
9 corporations, or government entities to license, lease,
10 assign, or otherwise give written consent to any person, firm,
11 corporation, or agency for the use of the single, statewide,
12 computer-assisted student advising system and collect
13 royalties or any other consideration that the boards find
14 proper.
15 (c) Sell or license any such work products and execute
16 all instruments necessary to consummate the sale or license.
17 (2) The Board of Regents and the State Board of
18 Community Colleges shall submit to the President of the Senate
19 and the Speaker of the House of Representatives any agreement
20 relating to this section. The President and Speaker may review
21 the terms of the agreement and respond with comments for 30
22 days after receipt of an agreement; after that time, the
23 agreement is binding.
24 (3) All or a portion of the proceeds derived from
25 activities authorized under this section may be expended for
26 developing the next generation of on-line student services,
27 maintaining and operating the system, and acquiring statewide
28 licenses for related software. Proceeds in excess of that
29 necessary to support such expenditures may be deposited in the
30 State Treasury to support need-based student aid or to support
31 information technology infrastructure.
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1 Section 39. The unexpended balance of funds from
2 section 38 of chapter 2000-164, Laws of Florida, authorized to
3 reimburse eligible companies for sales tax payments made on
4 equipment specifically associated with the creation of a
5 network access point, is reappropriated for fiscal year
6 2001-2002 to the Department of Revenue for reimbursement of
7 such sales tax payments as provided in section 212.08(5),
8 Florida Statutes.
9 Section 40. There is appropriated from the General
10 Revenue Fund to the Office of Tourism, Trade, and Economic
11 Development the sum of $100,000 in fiscal year 2001-2002 for
12 use by the Florida Research Consortium created under section
13 288.9522, Florida Statutes, for the purposes specified in such
14 section.
15 Section 41. There is appropriated from the Employment
16 Security Administration Trust Fund to the Agency for Workforce
17 Innovation the sum of $200,000 in fiscal year 2001-2002 for
18 use by Workforce Florida, Inc., in implementing the pilot
19 matching grant program for youth internships as provided in
20 this act. The source of these funds is the Temporary
21 Assistance for Needy Families block grant.
22 Section 42. Notwithstanding any other provision of
23 law, the Office of Tourism, Trade, and Economic Development
24 may use up to $500,000 of the amount appropriated by the
25 Legislature in fiscal year 2001-2002 to the office for the
26 Rural Community Development Revolving Loan Fund under section
27 288.065, Florida Statutes, to provide loans, loan guarantees,
28 or loan loss reserves, consistent with the requirements and
29 intent of such section, through units of local government to
30 small citrus growers in rural counties or rural communities to
31 assist such growers in upgrading machinery and equipment in
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1 order to make their farming operations more viable and
2 sustainable.
3 Section 43. Section 341.821, Florida Statutes, is
4 created to read:
5 341.821 Florida High-Speed Rail Authority.--
6 (1) There is created and established a body politic
7 and corporate, an agency of the state, to be known as the
8 "Florida High-Speed Rail Authority," hereinafter referred to
9 as the "authority."
10 (2)(a) The governing board of the authority shall
11 consist of nine voting members appointed as follows:
12 1. Three members shall be appointed by the Governor,
13 one of whom must have a background in the area of
14 environmental concerns, one of whom must have a legislative
15 background, and one of whom must have a general business
16 background.
17 2. Three members shall be appointed by the President
18 of the Senate, one of whom must have a background in civil
19 engineering, one of whom must have a background in
20 transportation construction, and one of whom must have a
21 general business background.
22 3. Three members shall be appointed by the Speaker of
23 the House of Representatives, one of whom must have a legal
24 background, one of whom must have a background in financial
25 matters, and one of whom must have a general business
26 background.
27 (b) The appointed members shall not be subject to
28 confirmation by the Senate. The initial term of each member
29 appointed by the Governor shall be for 4 years. The initial
30 term of each member appointed by the President of the Senate
31 shall be for 3 years. The initial term of each member
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1 appointed by the Speaker of the House of Representatives shall
2 be for 2 years. Succeeding terms for all members shall be for
3 terms of 4 years. Initial appointments must be made within 30
4 days after the effective date of this act.
5 (c) A vacancy occurring during a term shall be filled
6 by the respective appointing authority in the same manner as
7 the original appointment and only for the balance of the
8 unexpired term. An appointment to fill a vacancy shall be made
9 within 60 days after the occurrence of the vacancy.
10 (d) The Secretary of Transportation shall be a
11 nonvoting ex officio member of the board.
12 (e) The board shall elect one of its members as chair
13 of the authority. The chair shall hold office at the will of
14 the board. Five members of the board shall constitute a
15 quorum, and the vote of five members shall be necessary for
16 any action taken by the authority. The authority may meet upon
17 the constitution of a quorum. No vacancy in the authority
18 shall impair the right of a quorum of the board to exercise
19 all rights and perform all duties of the authority.
20 (f) The members of the board shall not be entitled to
21 compensation but shall be entitled to receive their travel and
22 other necessary expenses as provided in s. 112.061.
23 (3) Notwithstanding any other law to the contrary, it
24 shall not be or constitute a conflict of interest for a person
25 having a background specified in this section to serve as a
26 member of the authority. However, in each official decision to
27 which this act is applicable, such member's firm or related
28 entity may not have a financial or economic interest nor shall
29 the authority contract with or conduct any business with a
30 member or such member's firm or directly related business
31 entity.
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1 (4) The authority shall be assigned to the Department
2 of Transportation for administrative purposes. The authority
3 shall be a separate budget entity. The Department of
4 Transportation shall provide administrative support and
5 service to the authority to the extent requested by the chair
6 of the authority. The authority shall not be subject to
7 control, supervision, or direction by the Department of
8 Transportation in any manner, including, but not limited to,
9 personnel, purchasing, transactions involving real or personal
10 property, and budgetary matters.
11 Section 44. Section 341.822, Florida Statutes, is
12 created to read:
13 341.822 Powers and duties.--
14 (1)(a) The authority created and established by this
15 act shall plan, administer, and manage the preliminary
16 engineering and preliminary environmental assessment of the
17 intrastate high-speed rail system in the state, hereinafter
18 referred to as "intrastate high-speed rail."
19 (b) The authority may exercise all powers granted to
20 corporations under the Florida Business Corporation Act,
21 chapter 607, except the authority may not incur debt.
22 (c) The authority shall have perpetual succession as a
23 body politic and corporate.
24 (d) The authority is authorized to seek federal
25 matching funds or any other funds to fulfill the requirements
26 of this act.
27 (e) The authority may employ an executive director,
28 permanent or temporary, as it may require and shall determine
29 the qualifications and fix the compensation. The authority may
30 delegate to one or more of its agents or employees such of its
31 power as it deems necessary to carry out the purposes of this
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1 act, subject always to the supervision and control of the
2 authority.
3 Section 45. (1) The following criteria shall apply in
4 developing the preliminary engineering, preliminary
5 environmental assessment, and recommendations required by this
6 act:
7 (a) The system shall be capable of traveling speeds in
8 excess of 120 miles per hour consisting of dedicated rails or
9 guideways separated from motor vehicle traffic;
10 (b) The initial segments of the system will be
11 developed and operated between St. Petersburg, Tampa, and
12 Orlando, with future service to Miami;
13 (c) The authority is to develop a model that uses, to
14 the maximum extent feasible, nongovernmental sources of
15 funding for the design, construction, and operation of the
16 system;
17 (2) The authority shall make recommendations
18 concerning:
19 (a) The format and types of information that must be
20 included in a financial or business plan for the high-speed
21 rail system, and the authority may develop that financial or
22 business plan;
23 (b) The preferred routes between the cities designated
24 in paragraph (1)(b);
25 (c) The preferred locations for the stations in the
26 cities designated in paragraph (1)(b);
27 (d) The preferred locomotion technology to be employed
28 from constitutional choices of monorail, fixed guideway, or
29 magnetic levitation;
30
31
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1 (e) Any changes that may be needed in state statutes
2 or federal laws which would make the proposed system eligible
3 for available federal funding; and
4 (f) Any other issues the authority deems relevant to
5 the development of a high-speed rail system.
6 (3) When preparing the operating plan, the authority
7 shall include:
8 (a) The frequency of service between the cities
9 designated in paragraph (1)(b);
10 (b) The proposed fare structure for passenger and
11 freight service;
12 (c) Proposed trip times, system capacity, passenger
13 accommodations, and amenities;
14 (d) Methods to ensure compliance with applicable
15 environmental standards and regulations;
16 (e) A marketing plan, including strategies that can be
17 employed to enhance the utilization of the system;
18 (f) A detailed planning-level ridership study;
19 (g) Consideration of nonfare revenues that may be
20 derived from:
21 1. The sale of development rights at the stations;
22 2. License, franchise, and lease fees;
23 3. Sale of advertising space on the trains or in the
24 stations; and
25 4. Any other potential sources deemed appropriate.
26 (h) An estimate of the total cost of the entire
27 system, including, but not limited to, the costs to:
28 1. Design and build the stations and monorail, fixed
29 guideway, or magnetic levitation system;
30 2. Acquire any necessary rights-of-way;
31
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1 3. Purchase or lease rolling stock and other equipment
2 necessary to build, operate, and maintain the system.
3 (i) An estimate of the annual operating and
4 maintenance costs for the system and all other associated
5 expenses.
6 (j) An estimate of the value of assets the state or
7 its political subdivisions may provide as in-kind
8 contributions for the system, including rights-of-way,
9 engineering studies performed for previous high-speed rail
10 initiatives, land for rail stations and necessary maintenance
11 facilities, and any expenses that may be incurred by the state
12 or its political subdivisions to accommodate the installation
13 of the system.
14 (k) An estimate of the funding required per year from
15 state funds for the next 30 years for operating the preferred
16 routes between the cities designated in paragraph (1)(b).
17
18 Whenever applicable and appropriate, the authority will base
19 estimates of projected costs, expenses, and revenues on
20 documented expenditures or experience derived from similar
21 projects.
22 Section 46. The authority shall prepare a report of
23 its actions, findings, and recommendations and submit the
24 report to the Governor, the President of the Senate, and the
25 Speaker of the House of Representatives on or before January
26 1, 2002. If statutory changes are recommended, the report
27 shall contain proposed legislation necessary to implement
28 those recommendations.
29 Section 47. The Department of Transportation may
30 prepare and issue a request for information from
31 private-sector entities regarding their interest in
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1 participating in financing, building, and operating the
2 high-speed rail system in this state, and may issue a request
3 for proposals in order for the authority to contract with a
4 consultant to assist the authority in fulfilling the
5 requirements of this act. Furthermore, the authority may
6 enlist assistance or input from the private sector and from
7 existing rail and fixed guideway system vendors or operators,
8 including Amtrak. The Department of Transportation is directed
9 to begin, as soon as possible, collecting and organizing
10 existing research, studies, and reports concerning high-speed
11 rail systems in preparation for the authority's first meeting.
12 Section 48. The Florida Transportation Commission, the
13 Department of Community Affairs, and the Department of
14 Environmental Protection shall, at the authority's request,
15 provide technical, scientific, or other assistance.
16 Section 49. There is appropriated from funds assigned
17 to the Transportation Outreach Program to the authority the
18 sum of $4,500,000 for the purpose of performing its duties
19 under this act. These funds shall be administered by the
20 authority, and the funding for the authority, for its board,
21 and for any consultant under the provisions of this act shall
22 be allocated from this appropriation.
23 Section 50. Section 331.367, Florida Statutes, is
24 amended to read:
25 331.367 Spaceport Management Council.--
26 (1) The Spaceport Management Council is created within
27 the Spaceport Florida Authority to provide coordination
28 between government agencies and commercial operators for the
29 purpose of developing and recommendations on projects and
30 activities to that will increase the operability and
31 capabilities of Florida's space launch facilities, increase
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1 statewide space-related industry and opportunities, and
2 promote space education, and research, and technology
3 development within the state. The council shall work to create
4 develop integrated facility and programmatic development plans
5 to address commercial, state, and federal requirements and to
6 identify appropriate private, state, and federal resources to
7 implement these plans.
8 (2) The council shall make recommendations regarding:
9 (a) The development of a spaceport master plan.
10 (b) The projects and levels of commercial financing
11 required from the Florida Commercial Space Financing
12 Corporation created by s. 331.407.
13 (c) Development and expansion of space-related
14 education and research facilities and programs within Florida
15 in consultation with the Florida Space Research Institute,
16 including recommendations to be provided to the State
17 University System, the Division of Community Colleges, and the
18 Department of Education.
19 (d) The regulation of spaceports and federal and state
20 policy.
21 (e) Appropriate levels of governmental and private
22 funding for sustainable Florida's approach to the Federal
23 Government regarding requests for funding of space
24 development.
25 (3) The council shall submit its recommendations to
26 the Governor and Lieutenant Governor and provide copies to the
27 Secretary of Transportation, the director of the Office of
28 Tourism, Trade and Economic Development, the associate
29 administrator for Space Transportation in the United States
30 Department of Transportation, the administrator of the
31 National Aeronautics and Space Administration, and the Deputy
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1 Assistant Secretary of the Air Force for Space Plans and
2 Policy.
3 (4)(3)(a) The council shall consist of an executive
4 board consisting, which shall consist of representatives of
5 governmental organizations having with responsibilities for
6 developing or operating space transportation facilities, and a
7 Space Industry Committee, which shall consist of
8 representatives of Florida's space industry.
9 (b) The executive board consists of the following
10 individuals or their designees shall serve on the executive
11 board:
12 1. The executive director of the Spaceport Florida
13 Authority or his or her designee.
14 2. The director of the John F. Kennedy Space Center or
15 his or her designee.
16 3. The Commander of the United States Air Force 45th
17 Space Wing or his or her designee.
18 4. The Commander of the Naval Ordnance Test Unit or
19 his or her designee.
20 2.5. The Secretary of Transportation or his or her
21 designee.
22 3.6. The president of Enterprise Florida, Inc., or his
23 or her designee, as an ex officio nonvoting member.
24 4.7. The director of the Office of Tourism, Trade, and
25 Economic Development or his or her designee, as an ex officio
26 nonvoting member.
27 (c)1. Participation by the federal agencies having
28 space-related missions in the state will contribute to council
29 effectiveness, and the following installation heads or their
30 designees may serve as official liaisons to the council: the
31 director of the John F. Kennedy Space Center, the Commander of
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1 the 45th Space Wing, and the Commander of the Naval Ordnance
2 Test Unit.
3 2. Federal liaison officials may attend and
4 participate in council meetings and deliberations, provide
5 federal-agency views on issues before the council, and present
6 issues of concern and make recommendations to the council.
7 3. The role of federal liaison officials is limited by
8 federal statutes and other constraints, but the determination
9 of this limitation is a federal function.
10 4. The fiduciary responsibility of the official
11 liaisons shall remain at all times with their respective
12 agencies.
13 5. To the extent that the advice or recommendations of
14 the official liaisons are not adopted or incorporated into the
15 final recommendations of the council, the official liaisons
16 may append to such final recommendations their advice,
17 recommendations, or opinions.
18 (4) Each member shall be appointed to serve for a
19 3-year term, beginning July 1. Initial appointments shall be
20 made no later than 60 days after the effective date of this
21 act.
22 (5) The executive board shall hold its initial meeting
23 no later than 30 days after the members have been appointed.
24 The Space Industry Committee shall hold its initial meeting no
25 later than 60 days after the members have been appointed.
26 (6) All council members must be residents of the
27 state.
28 (5)(7) The executive board council shall adopt bylaws
29 governing the manner in which the business of the council
30 shall be conducted. The bylaws shall specify the procedure by
31 which the chairperson of the council is elected.
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1 (6)(8) The council shall provide infrastructure and
2 program requirements and develop other information to be
3 utilized in a 5-year spaceport master plan. The council shall
4 define goals and objectives concerning the development of
5 spaceport facilities and an intermodal transportation system
6 consistent with the goals of the Florida Transportation Plan
7 developed pursuant to s. 339.155.
8 (7)(9) The council shall provide requirements and
9 other information to be utilized in the development of a
10 5-year Spaceport Economic Development Plan, defining the goals
11 and objectives of the council concerning the development of
12 facilities for space manufacturing, research, technology and
13 development, and education educational facilities.
14 (8)(10) The council shall meet at the call of its
15 chairperson, at the request of two or more members of the
16 executive board a majority of its membership, or at such times
17 as may be prescribed in its bylaws. However, the council must
18 meet at least semiannually. A majority of voting members of
19 the council constitutes a quorum for the purpose of
20 transacting the business of the council. A majority vote of
21 the majority of the voting members present is sufficient for
22 any action of the council, unless the bylaws of the council
23 require a greater vote for a particular action.
24 Section 51. Section 331.368, Florida Statutes, is
25 amended to read:
26 331.368 Florida Space Research Institute.--
27 (1) There is created the Florida Space Research
28 Institute, the purpose of which is to serve as an
29 industry-driven center for research, leveraging the state's
30 resources in a collaborative effort to support Florida's space
31
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1 industry and its expansion, diversification, and transition to
2 commercialization.
3 (2) The institute shall operate as a public/private
4 partnership under the direction of a board composed of:
5 (a) A representative of the Spaceport Florida
6 Authority.
7 (b) A representative of Enterprise Florida, Inc.
8 (c) A representative of the Florida Aviation Aerospace
9 Alliance.
10 (d) A representative of the Florida Space Business
11 Roundtable.
12 (e) Additional private-sector representatives from the
13 space industry selected collaboratively by the core members
14 specified in paragraphs (a)-(d). The additional space industry
15 representatives under this paragraph must comprise the
16 majority of members of the board and must be from geographic
17 regions throughout the state. Each private-sector
18 representative shall serve a term of 3 years.
19 (f) Two representatives from the educational community
20 who are selected collaboratively by the core members specified
21 in paragraphs (a)-(d) and who are engaged in research or
22 instruction related to the space industry. One representative
23 must be from a community college, and one representative must
24 be from a public or private university. Each educational
25 representative shall serve a term of 2 years.
26 (g) Annually, the members of the board shall select
27 one of the members to serve as chair, who shall be responsible
28 for convening and leading meetings of the board.
29 (h) The board members are considered to be volunteers
30 as defined in s. 110.501, and shall serve with all protections
31 provided to volunteers of state agencies under s. 768.1355.
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1 (3) The Florida Space Research Institute may:
2 (a) Acquire property under such conditions as the
3 board considers necessary, and sell or otherwise dispose of
4 the property.
5 (b) Serve as a coordinating organization among public
6 and private academic institutions, the State University
7 System, industry, and government agencies to support the
8 expansion and diversification of the state's space industry
9 and to support research and education programs.
10 (c) Execute contracts and other documents, adopt
11 proceedings, and perform any acts determined by the board to
12 be necessary to carry out the purposes of this section.
13 (d) Establish a personnel-management system and
14 procedures, rules, and rates governing administrative and
15 financial operations of the institute.
16 (e) Acquire, accept, or administer grants, contracts,
17 and fees from other organizations to perform activities that
18 are consistent with the purposes of this section.
19 (f) Work in partnership with the Spaceport Florida
20 Authority, Enterprise Florida, Inc., and other organizations
21 to support their programs to promote the state as a center for
22 space enterprise, research, and technology development.
23 (4)(3) The board of the Florida Space Research
24 Institute shall:
25 (a) Set the strategic direction for the space-related
26 research priorities of the state and its space-related
27 businesses, the scope of research projects for the institute,
28 and the timeframes for completion.
29 (b) Invite the participation of public and private
30 academic institutions universities, including, but not limited
31 to, the University of Central Florida, the University of
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1 Florida, the University of South Florida, Florida State
2 University, Florida Institute of Technology, and the
3 University of Miami.
4 (c) Select a lead university to:
5 1. Serve as coordinator of research for and as the
6 administrative entity of the institute;
7 2. Support the institute's development of a statewide
8 space research agenda and programs; and
9 3. Develop, and update as necessary, a report
10 recommending ways that the state's public and private
11 universities can work in partnership to support the state's
12 space-industry requirements, which report must be completed by
13 December 15, 2000.
14 (d) Establish a partnership with the state Workforce
15 Development Board, or its successor entity, under which the
16 institute coordinates the workforce-training requirements
17 identified by the space industry and supports development of
18 workforce-training initiatives to meet such requirements,
19 using training providers approved by the board or its
20 successor entity.
21 (e) Comanage, with the National Aeronautics and Space
22 Administration and subject to the terms of an agreement with
23 NASA, operation of a Space Experiment Research and Processing
24 Laboratory, if such a facility is constructed on land of the
25 John F. Kennedy Space Center. The institute shall carry out
26 such responsibility through a consortium of public and private
27 universities in the state led by the University of Florida.
28 (f) Develop initiatives to foster the participation of
29 the state's space industry in the International Space Station
30 and to help the state maintain and enhance its competitive
31 position in the commercial space-transportation industry.
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1 (g) Pursue partnerships with the National Aeronautics
2 and Space Administration to coordinate and conduct research in
3 fields including, but not limited to, environmental
4 monitoring; agriculture; aquatics; resource reutilization
5 technologies for long-duration space missions; and spaceport
6 technologies which support current or next-generation launch
7 vehicles and range systems.
8 (h) Pursue partnerships with the National Aeronautics
9 and Space Administration for the conduct of space-related
10 research using computer technology to connect experts in a
11 given field of science who are in disparate locations and to
12 perform research experiments in a real-time, virtual
13 environment.
14 (i) Appoint or dismiss, as considered necessary by the
15 board, a person to act as executive director of the institute,
16 who shall have such title, functions, duties, powers, and
17 salary as the board prescribes.
18 (5)(4) By December 15 of each year, the institute
19 shall submit a report of its activities and accomplishments
20 for the year to the Governor, the President of the Senate, and
21 the Speaker of the House of Representatives. The report shall
22 also include recommendations regarding actions the state
23 should take to enhance the development of space-related
24 businesses, including:
25 (a) Future research activities.
26 (b) The development of capital and technology
27 assistance to new and expanding industries.
28 (c) The removal of regulatory impediments.
29 (d) The establishment of business development
30 incentives.
31
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1 (e) The initiation of education and training programs
2 to ensure a skilled workforce.
3 Section 52. Legislative findings and intent; Digital
4 Divide Council; powers and duties; program objectives and
5 goals; review and assessment of program performances; annual
6 report.
7 (1) Legislative findings and intent.--The Legislature
8 finds as follows:
9 (a) Frequent access to use of information technology
10 and possession of the knowledge and skills required to use
11 information technology productively is becoming increasingly
12 important to being competitively qualified for high skill/high
13 wage employment;
14 (b) The availability of reasonable opportunities to
15 have frequent access to use of information technology and to
16 obtain the education and training necessary to acquire the
17 knowledge and skills required to use information technology
18 productively is critical to becoming competitively qualified
19 for high skill/high wage employment;
20 (c) Families that are living near or below the poverty
21 level are without adequate economic resources to have
22 reasonable opportunities to obtain frequent access to use of
23 information technology or the education and training necessary
24 to acquire the knowledge and skills required to become
25 competively qualified for high skill/high wage employment;
26 (d) The absence of such economic resources divides
27 such families from those who have adequate economic resources
28 to have such opportunities, places such families at-risk of
29 never realizing their employment and income earning potential,
30 and prevents the state's economy from prospering to the extent
31
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1 it could if such families realized their employment and income
2 earning potential; and
3 (e) The divide between the members of such at-risk
4 families and those who have adequate economic resources to
5 have reasonable opportunities to obtain frequent use of
6 information technology and the education and training
7 necessary to acquire the knowledge and skills required to
8 become competitively qualified for high skill/high wage
9 employment could be reduced, and the economy of the state
10 could be enhanced, by the design and implementation of
11 programs that provide such opportunities to members of such
12 at-risk families.
13
14 It is the intent of the Legislature to provide the authority
15 and resources reasonably necessary to facilitate design and
16 implementation of such programs.
17 (2) Digital Divide Council.--There is created in the
18 State Technology Office a Digital Divide Council. The Council
19 shall be constituted as follows:
20 (a) The Chief Information Officer in the State
21 Technology Office;
22 (b) The Director of the Office of Tourism, Trade and
23 Economic Development in the Executive Office of the Governor;
24 (c) The President of Workforce Florida, Inc.;
25 (d) The Director of the Agency for Workforce
26 Innovation;
27 (e) The Chair of itflorida.com, Inc.;
28 (f) The Commissioner of Education;
29 (g) The Executive Director of the State Board of
30 Community Colleges;
31
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1 (h) The Executive Director of the State Board for
2 Career Education;
3 (i) A representative of the information technology
4 industry in Florida appointed by the Speaker of the Florida
5 House of Representatives;
6 (j) A representative of the information technology
7 industry in Florida appointed by the President of the Florida
8 Senate.
9 (k) Two members of the Florida House of
10 Representatives, who shall be ex officio, nonvoting members of
11 the council, appointed by the Speaker of the House, one of
12 whom shall be a member of the Republican caucus, and the other
13 of whom shall be a member of the Democratic caucus; and
14 (l) Two members of the Florida Senate, who shall be ex
15 officio, nonvoting members of the council, appointed by the
16 President of the Senate, one of whom shall be a member of the
17 Republican caucus, and the other of whom shall be a member of
18 the Democratic caucus.
19 (3) Term of appointed members of Council; vacancies;
20 compensation of members.--The appointed members of the Council
21 shall serve an initial term of one year commencing July 1,
22 2001, and ending June 30, 2002, and successor appointees shall
23 serve a term of two years, the first of which shall commence
24 July 1, 2002, and end June 30, 2004. Successive two year
25 terms shall commence and end on the same schedule in
26 subsequent years. Any vacancy in the membership of the
27 Council resulting from resignation, incapacity or death shall
28 be filled within 30 days from the date the vacancy is
29 effective. The appointed members of the Council shall serve
30 without compensation, but such appointees and the other
31 members of the Council shall be entitled to receive per diem
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1 and reimbursement for travel expenses as provided in s.
2 112.061, Florida Statutes. Payment of such per diem and
3 reimbursement of such travel expenses may be made from
4 appropriations authorized to be used for such purposes.
5 (4) Council meetings; election of officers.--The
6 Council shall conduct its initial meeting by August 1, 2001,
7 and shall meet thereafter at least once every 60 days. In its
8 initial meeting, the members of the Council shall elect one of
9 themselves to serve as Chair and another to serve as
10 Vice-Chair, each for a term of one year from the date of the
11 election. Any vacancy in the offices of Chair and Vice-Chair
12 resulting from resignation, incapacity or death shall be
13 filled by similar election within 30 days from the date the
14 vacancy is effective.
15 (5) Administrative and technical support; payment of
16 support costs.--The State Technology Office shall provide such
17 administrative and technical support to the Council as is
18 reasonably necessary for the Council to effectively and timely
19 carry out its duties and responsibilities. All direct and
20 indirect costs of providing such support and performing the
21 other duties imposed on the State Technology Office related to
22 design and implementation of the programs authorized above may
23 be paid from appropriations authorized to be used for such
24 purposes.
25 (6) Powers and duties of Council.--The Digital Divide
26 Council, through the State Technology Office, is authorized
27 and empowered to facilitate the design and implementation of
28 programs that are aimed at achieving the objectives and goals
29 stated in this section. The State Technology Office shall
30 present and demonstrate to the Council the design
31 characteristics and functional elements of each program
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1 proposed to be implemented to achieve the objectives and goals
2 stated in this section, and each such program shall be
3 reviewed and approved by the Council before being
4 implemented. Such programs shall initially be implemented as
5 pilot programs in a minimum of six different areas of the
6 state to develop model programs that are likely to be
7 successful if deployed throughout the state. The areas of the
8 state where the pilot programs are implemented shall be
9 selected by the Digital Divide Council with the objectives of
10 testing the merits of the programs in each geographic region
11 of the state and providing equal exposure of the programs to
12 urban and rural communities alike. Implementation of all such
13 pilot and model programs shall be administered by and through
14 the local workforce development boards, and each such board
15 shall coordinate and confirm the ready availability and timely
16 delivery of all elements of such programs to ensure the
17 highest probability of such programs achieving their intended
18 results.
19 (7) Program objectives and goals.--The programs
20 authorized by this section shall have the following objectives
21 and goals:
22 (a) Maximizing efficient and productive use of
23 existing facilities, equipment, personnel, programs and funds
24 available from federal, state and local government agencies,
25 and from any private person or entity;
26 (b) Using innovative concepts employing newly
27 developed technologies in educating and training those who are
28 enrolled in the programs authorized by this section;
29 (c) Developing viable partnerships between public
30 agencies and private persons and entities based on mutual
31 commitment to responsible and dedicated participation in
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1 designing and implementing the programs authorized by this
2 section;
3 (d) Recruiting, enrolling, retaining and graduating as
4 many at-risk family members as feasible to ensure that they
5 have reasonable opportunities to obtain access to frequent use
6 of information technology and the education and training
7 necessary to competitively qualify them for high skill/high
8 wage employment;
9 (e) Reducing the number of underachieving and failing
10 students in the state's public school systems who are members
11 of at-risk families;
12 (f) Reducing the number of underemployed and
13 unemployed members of at-risk families;
14 (g) Using information technology to facilitate
15 achievement of Sunshine State Standards by all children
16 enrolled in the state's K-12 school system who are members of
17 at-risk families;
18 (h) Training teachers in the state's K-12 school
19 system to efficiently and effectively use information
20 technology to plan, teach and administer all courses of
21 instruction required and available by election of children
22 enrolled in the system;
23 (i) Using information technology to enable members of
24 at-risk families who are no longer enrolled in K-12 schools to
25 obtain the education needed to achieve successful completion
26 of general education development test preparation to earn a
27 high school diploma, an applied technology diploma, a
28 vocational certificate, an associate of arts degree, or a
29 baccalaureate degree;
30 (j) Bridging the digital divide in developing a
31 competitive workforce to meet the employment needs of Florida
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1 based information technology businesses and establishing
2 Florida as having the most information technology ready
3 workforce in the western hemisphere.
4 (8) Monitoring, reviewing and evaluating program
5 performances; reporting results.--The Digital Divide Council,
6 through the State Technology Office, shall continually
7 monitor, review and evaluate the progress of performances
8 realized from implementation of the programs authorized by
9 this section. The State Technology Office shall prepare and
10 submit a report to the Council at least 10 days in advance of
11 each of its meetings subsequent to its initial meeting and
12 each such report shall, at a minimum, identify and describe
13 the functional elements of each program being implemented, and
14 identify and describe the facilities, equipment, personnel,
15 programs and funds used to design and implement the
16 program. For each such program, the report shall also
17 identify by name, address, age and sex the school-age
18 children, and their older siblings and parents who are
19 enrolled in the program, state the educational level achieved
20 by each enrollee as of the date he or she enrolled in the
21 program, state the attendance and achievement level recorded
22 for each enrollee in the program, evaluate the progress each
23 enrollee is making toward successful completion of the
24 program, and identify by name, address, age and sex each
25 enrollee who successfully completes the program. For each
26 such program that is designed to prepare enrollees for high
27 skill/high wage employment, the report shall identify each
28 enrollee who successfully completes the program, describe each
29 such employment position for which each enrollee has applied,
30 identify by name, address and nature of business each Florida
31 based employer to whom each such application for employment
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1 has been addressed, state the results each enrollee obtained
2 from making each such application, and describe the nature of
3 any employment obtained and terms of compensation being earned
4 from such employment by each enrollee as a result of making
5 such applications.
6 (9) Annual report.--By March 1, 2002, the Digital
7 Divide Council, through the State Technology Office, shall
8 report to the Executive Office of the Governor, the Speaker of
9 the Florida House of Representatives, and the President of the
10 Florida Senate the results of the Council's monitoring,
11 reviewing and evaluating such programs since their inception,
12 and the Council's recommendations as to whether such programs
13 should be continued and expanded to achieve the objectives and
14 goals stated in this section.
15 Section 53. Except as otherwise provided, this act
16 shall take effect July 1, 2001.
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