Senate Bill sb2414c3

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    Florida Senate - 2007             CS for CS for CS for SB 2414

    By the Committees on Higher Education Appropriations;
    Governmental Operations; Higher Education; and Senator Ring




    605-2483-07

  1                      A bill to be entitled

  2         An act relating to special postsecondary

  3         education programs; amending s. 1004.226, F.S.;

  4         amending the 21st Century Technology, Research,

  5         and Scholarship Enhancement Act to include the

  6         commercialization of products and services

  7         developed from the research and development

  8         conducted at state universities; requiring the

  9         Florida Technology, Research, and Scholarship

10         Board to review and approve State University

11         Research Commercialization Assistance Grants;

12         requiring board members to refrain from having

13         any direct interest or derive any benefit from

14         a project receiving a grant under the program

15         created by the act; providing guidelines for a

16         state university to receive funding through the

17         program; requiring private matching funds;

18         requiring the board to periodically solicit

19         proposals of state universities; requiring that

20         the board submit an annual report to the

21         Governor and the Legislature; providing an

22         appropriation; providing an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Subsection (4) of section 1004.226, Florida

27  Statutes, is amended, present subsection (7) of that section

28  is redesignated as subsection (8) and amended, and a new

29  subsection (7) is added to that section, to read:

30         1004.226  The 21st Century Technology, Research, and

31  Scholarship Enhancement Act.--

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    Florida Senate - 2007             CS for CS for CS for SB 2414
    605-2483-07




 1         (4)  FLORIDA TECHNOLOGY, RESEARCH, AND SCHOLARSHIP

 2  BOARD.--The Florida Technology, Research, and Scholarship

 3  Board is created within the Board of Governors of the State

 4  University System to guide the establishment of Centers of

 5  Excellence, and the attraction of world class scholars, and

 6  the commercialization of products and services developed from

 7  the research and development conducted at state universities.

 8         (a)  The board shall consist of 11 members. Five

 9  members shall be appointed by the Governor, one of whom the

10  Governor shall appoint as chair of the board, one of whom must

11  be a member of the board of directors of Enterprise Florida,

12  Inc., and one of whom must be a member of the Board of

13  Governors of the State University System. Three members shall

14  be appointed by the President of the Senate, and three members

15  shall be appointed by the Speaker of the House of

16  Representatives. Appointed members must be representative of

17  business leaders, industrial researchers, academic

18  researchers, scientists, and leaders in the emerging and

19  advanced technology sector. Appointed members may not serve

20  for more than 4 years, and any vacancy that occurs during

21  these appointees' terms shall be filled in the same manner as

22  the original appointment. A majority of members constitutes a

23  quorum.

24         (b)  Members of the board shall serve without

25  compensation, but are entitled to receive reimbursement for

26  per diem and travel expenses in accordance with s. 112.061

27  while in the performance of their duties.

28         (c)  The Board of Governors shall provide staff support

29  for the activities of the board and per diem and travel

30  expenses for board members.

31  

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    Florida Senate - 2007             CS for CS for CS for SB 2414
    605-2483-07




 1         (d)  The board is charged with recommending criteria to

 2  the Board of Governors for the 21st Century World Class

 3  Scholars Program and with providing guidance to the Board of

 4  Governors regarding the implementation and administration of

 5  the Centers of Excellence Program.

 6         (e)  The board shall recommend to the Board of

 7  Governors the qualifications, standards, and requirements for

 8  approval of investments in Centers of Excellence under this

 9  act. The board may form committees of its members and is

10  encouraged to consult with Enterprise Florida, Inc., the

11  Florida Research Consortium, Bio-Florida, IT Florida, the

12  Florida Aviation Aerospace Alliance, and any other entity

13  whose input may be helpful in determining the requirements and

14  standards for the program.

15         (f)  The board shall review and approve State

16  University Research Commercialization Assistance Grants under

17  subsection (7). The board is encouraged to consult with

18  Enterprise Florida, Inc., entities that have prior experience

19  in early state business investment, and any other entity whose

20  input may be helpful in evaluating grant proposals.

21         (g)  Members of the board must agree to refrain from

22  having any direct interest in any contract, franchise,

23  privilege, or other benefit arising from a state university

24  project receiving a State University Research

25  Commercialization Assistance Grant during the term of his or

26  her appointment and for 2 years after the termination of such

27  appointment. It is a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083, for a

29  person to serve on the board in violation of this paragraph or

30  to accept a direct interest in any contract, franchise,

31  privilege, or other benefit granted by the grant receipts

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    Florida Senate - 2007             CS for CS for CS for SB 2414
    605-2483-07




 1  within 2 years after the termination of his or her service on

 2  the board.

 3         (7)  STATE UNIVERSITY RESEARCH COMMERCIALIZATION

 4  ASSISTANCE GRANT PROGRAM.--The State University Research

 5  Commercialization Assistance Grant Program is established to

 6  promote the commercialization of university research products

 7  for the purpose of enhancing the state's economy and the

 8  state's public universities. All phase two and phase three

 9  grants established by this program require one dollar in

10  private investment for each one dollar in state funding

11  provided. A state university may apply for early stage capital

12  funding for the purpose of developing products and services

13  resulting from university research. An application may include

14  joint participation in the development of products and

15  services by a cooperating university. Such funding may be used

16  by the university for a variety of premarketing activities,

17  including, but not limited to, securing patents, establishing

18  start-up companies, developing license agreements, attracting

19  private investment, and supporting other activities that are

20  necessary to establish commercially viable ventures for the

21  marketing and sale of products resulting from university

22  research. Funds may not be used for research or development.

23         (a)  State University Research Commercialization

24  Assistance Grants may be provided under the following

25  categories:

26         1.  Phase one grants, which may not exceed $50,000 per

27  project, shall be available to assist with early market

28  research, independent evaluation, consultation, and other

29  initial activities that may be required to develop an initial

30  business model for a university research product that has the

31  potential for commercialization.

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    Florida Senate - 2007             CS for CS for CS for SB 2414
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 1         2.  Phase two grants, which may not exceed $100,000 per

 2  project, shall be available to assist with the development of

 3  a complete business plan for the commercialization of a

 4  university research product.

 5         3.  Phase three grants, which may not exceed $250,000

 6  per project, shall be available for the implementation and

 7  execution of a completed business plan for a university

 8  research product.

 9         (b)  Based on the availability of funds, the board

10  shall periodically solicit proposals from state universities

11  for State University Research Commercialization Assistance

12  Grants. The board shall establish guidelines prescribing the

13  criteria and format for the submission of grant applications

14  by state universities. Any state university, upon approval of

15  its board of trustees, may submit a request to the board for a

16  grant to facilitate the commercialization of a university

17  research product or the commercialization of a patent held by

18  a state agency under a cooperative agreement between the state

19  agency and the university. A state university need not receive

20  prior stage grants in order to be eligible for phase two or

21  phase three grants. When evaluating the applications submitted

22  for funding, the board shall consider the following criteria:

23         1.  The potential return to the university which may be

24  reasonably assumed based on the business case presented in

25  support of the proposed project;

26         2.  The potential for the creation of high-wage jobs

27  resulting from the success of the proposed project;

28         3.  The potential of the proposed project to address

29  pressing needs of the residents of the state;

30         4.  The potential of the proposed project to enhance

31  the economic competitiveness of the state and the university;

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    Florida Senate - 2007             CS for CS for CS for SB 2414
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 1         5.  The technical, financial, organizational, and

 2  marketing feasibility of the project and its business plan;

 3  and

 4         6.  The potential of the proposed project to create

 5  other related business enterprises.

 6  

 7  Each proposed project shall be evaluated on its individual

 8  merits.

 9         (c)  The board shall negotiate and execute contracts

10  with state universities governing the terms of State

11  University Research Commercial Assistance Grants. The board

12  may not execute a contract unless the contract is approved by

13  the affirmative vote of at least 6 of the 11 members of the

14  board. Each contract, at a minimum, must contain provisions

15  that:

16         1.  Specify the procedures and schedules that govern

17  the disbursement of funds under this section and specify the

18  conditions or deliverables that the state university must

19  satisfy before the release of each disbursement.

20         2.  Require the state university to submit a business

21  plan in a form and manner prescribed by the board.

22         3.  Require the state university to submit data to the

23  board concerning the activities and performance of projects

24  funded pursuant to this subsection and to provide to the board

25  an annual accounting of the expenditure of funds disbursed

26  under this subsection.

27         4.  Require the state university to negotiate repayment

28  to the General Revenue Fund of the amount of the grant awarded

29  to a project when the project generates sufficient revenues to

30  sustain a profitable operation.

31  

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    Florida Senate - 2007             CS for CS for CS for SB 2414
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 1         5.  Require the state university to expend 95 percent

 2  of grant proceeds for described uses in the approved grant

 3  application and not otherwise reduce grant proceeds with

 4  facilities charges or fees by the university.

 5         (d)  Upon verification by the Board of Governors that a

 6  state university has executed a contract with the board for a

 7  State University Research Commercialization Assistance Grant,

 8  the Board of Governors shall release grant funds to the

 9  university.

10         (8)(7)  ANNUAL REPORT.--The board, in cooperation with

11  the Board of Governors of the State University System and the

12  state universities or research centers receiving investments

13  under this act, shall issue an annual report by December 31

14  each year of the activities conducted, including the

15  accomplishments and overall economic benefits to the state,

16  the number of 21st Century World Class Scholars attracted, the

17  number of Centers of Excellence created or expanded, the

18  success of collaborations with related industries, the number

19  and amount of State University Research Commercialization

20  Assistance Grants awarded and repaid, and the success of these

21  programs. The annual report shall be presented to the

22  Governor, the President of the Senate, and the Speaker of the

23  House of Representatives. The annual report must include a

24  copy of an independent audit of the board and a review of the

25  progress of programs administered by the board.

26         Section 2.  The nonrecurring sum of $10 million is

27  appropriated to the Board of Governors of the State University

28  System from the General Revenue Fund for the State University

29  Research Commercialization Grant Program created by this act.

30  Funds must be disbursed by the Board of Governors pursuant to

31  

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    Florida Senate - 2007             CS for CS for CS for SB 2414
    605-2483-07




 1  grant agreements and contracts by the Florida Technology,

 2  Research, and Scholarship Board.

 3         Section 3.  This act shall take effect July 1, 2007.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                  CS for CS for Senate Bill 2414

 7                                 

 8  The Committee Substitute for CS/CS/SB retains the university
    commercialization grant program as the State University
 9  Commercialization Assistance Grant Program.

10  The grants are to be awarded by the Florida Technology,
    Research, and Scholarship Board, created by Chapter 2006-58,
11  L.O.F. rather than by a newly created independent board.  A
    $10 million appropriation for the grant program is provided.
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