SENATE AMENDMENT
Bill No. CS for SB 1750
Amendment No. ___ Barcode 684552
CHAMBER ACTION
Senate House
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11 Senator Klein moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. This act may be cited as the "Florida
18 Emerging and Strategic Technologies Act."
19 Section 2. Section 121.155, Florida Statutes, is
20 created to read:
21 121.155 Investments in support of economic development
22 strategies; legislative findings and intent.--
23 (1) The Legislature finds that:
24 (a) The recruitment, retention, and expansion of
25 high-technology businesses are a principal economic
26 development strategy of the state.
27 (b) High-technology businesses have the potential to
28 contribute significantly to the prosperity of the state and
29 its residents through the creation of employment opportunities
30 and through the generation of revenues into the economy.
31 (c) A significant barrier to the growth of
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SENATE AMENDMENT
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1 high-technology businesses in the state is caused by a lack of
2 access to sources of capital to support the activities of such
3 businesses.
4 (d) The State Board of Administration, through the
5 investment of funds of the System Trust Fund, has the ability
6 to influence the availability of capital in the marketplace
7 for businesses located in the state.
8 (e) The investment of funds of the System Trust Fund
9 in a manner consistent with the economic development goals of
10 the state enhances the prospects for fulfillment of such
11 goals.
12 (2) It is the intent of the Legislature that the State
13 Board of Administration, consistent with sound investment
14 policy and with the investment provisions set forth in ss.
15 215.44-215.53, maximize opportunities to invest and reinvest
16 available funds of the System Trust Fund in a manner that is
17 consistent with, and that supports fulfillment of, the
18 economic development strategies of the state, including
19 investing and reinvesting funds in support of the capital
20 needs of emerging and strategic high-technology businesses
21 located in the state. It is further the intent of the
22 Legislature that the State Board of Administration, in
23 supporting fulfillment of the economic development strategies
24 of the state, establish partnerships, where feasible, with
25 venture capital firms designed to facilitate investment of
26 venture capital in high-technology businesses located in this
27 state.
28 (3) Staff of the State Board of Administration shall
29 regularly solicit information from Enterprise Florida, Inc.,
30 on those high-technology business sectors that research
31 indicates have significant potential to contribute to the
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1 economic development of the state and shall provide such
2 information to the Investment Advisory Council created under
3 s. 215.444.
4 (4) As part of the annual report required under s.
5 215.44, the State Board of Administration shall describe those
6 investment activities during the year in furtherance of the
7 findings and intent of this section.
8 Section 3. Section 159.26, Florida Statutes, is
9 amended to read:
10 159.26 Legislative findings and purposes.--The
11 Legislature finds and declares that:
12 (1) The agriculture, tourism, urban development,
13 historic preservation, information technology, education, and
14 health care industries, among others, are vital to the economy
15 of the state and to the welfare of the people and need to be
16 enhanced and expanded to improve the competitive position of
17 the state;
18 (2) There is a need to enhance other economic activity
19 in the state by attracting manufacturing development, business
20 enterprise management, and other activities conducive to
21 economic promotion in order to provide a stronger, more
22 balanced, and stable economy in the state, while providing
23 through pollution control and otherwise for the health and
24 safety of the people;
25 (3) In order to improve the prosperity and welfare of
26 the state and its inhabitants; to improve education, living
27 conditions, and health care; to promote the preservation of
28 historic structures; to promote the rehabilitation of
29 enterprise zones; to promote improved transportation; to
30 promote effective and efficient pollution control throughout
31 the state; to promote the advancement of education and science
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1 and research in and the economic development of the state; to
2 promote the advancement of information technology; and to
3 increase purchasing power and opportunities for gainful
4 employment, it is necessary and in the public interest to
5 facilitate the financing of the projects provided for in this
6 part and to facilitate and encourage the planning and
7 development of these projects without regard to the boundaries
8 between counties, municipalities, special districts, and other
9 local governmental bodies or agencies in order to more
10 effectively and efficiently serve the interests of the
11 greatest number of people in the widest area practicable; and
12 (4) The purposes to be achieved by such projects and
13 the financing of them in compliance with the criteria and
14 requirements of this part are predominantly the public
15 purposes stated in this section, and such purposes implement
16 the governmental purposes under the State Constitution of
17 providing for the health, safety, and welfare of the people,
18 including implementing the purpose of s. 10(c), Art. VII of
19 the State Constitution.
20 Section 4. Subsection (5) of section 159.27, Florida
21 Statutes, is amended, and subsection is added to that section
22 to read:
23 159.27 Definitions.--The following words and terms,
24 unless the context clearly indicates a different meaning,
25 shall have the following meanings:
26 (5) "Project" means any capital project comprising an
27 industrial or manufacturing plant, a research and development
28 park, an information technology facility, an agricultural
29 processing or storage facility, a warehousing or distribution
30 facility, a headquarters facility, a tourism facility, a
31 convention or trade show facility, an urban parking facility,
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1 a trade center, a health care facility, an educational
2 facility, a correctional or detention facility, a motion
3 picture production facility, a preservation or rehabilitation
4 of a certified historic structure, an airport or port
5 facility, a commercial project in an enterprise zone, a
6 pollution-control facility, a hazardous or solid waste
7 facility, a social service center, or a mass commuting
8 facility, including one or more buildings and other
9 structures, whether or not on the same site or sites; any
10 rehabilitation, improvement, renovation, or enlargement of, or
11 any addition to, any buildings or structures for use as a
12 factory, a mill, a processing plant, an assembly plant, a
13 fabricating plant, an industrial distribution center, a
14 repair, overhaul, or service facility, a test facility, an
15 agricultural processing or storage facility, a warehousing or
16 distribution facility, a headquarters facility, a tourism
17 facility, a convention or trade show facility, an urban
18 parking facility, a trade center, a health care facility, an
19 educational facility, a correctional or detention facility, a
20 motion picture production facility, a preservation or
21 rehabilitation of a certified historic structure, an airport
22 or port facility, a commercial project in an enterprise zone,
23 a pollution-control facility, a hazardous or solid waste
24 facility, a social service center, or a mass commuting
25 facility, and other facilities, including research and
26 development facilities and information technology facilities,
27 for manufacturing, processing, assembling, repairing,
28 overhauling, servicing, testing, or handling of any products
29 or commodities embraced in any industrial or manufacturing
30 plant, in connection with the purposes of a research and
31 development park, or other facilities for or used in
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1 connection with an agricultural processing or storage
2 facility, a warehousing or distribution facility, a
3 headquarters facility, a tourism facility, a convention or
4 trade show facility, an urban parking facility, a trade
5 center, a health care facility, an educational facility, a
6 correctional or detention facility, a motion picture
7 production facility, a preservation or rehabilitation of a
8 certified historic structure, an airport or port facility, or
9 a commercial project in an enterprise zone or for controlling
10 air or water pollution or for the disposal, processing,
11 conversion, or reclamation of hazardous or solid waste, a
12 social service center, or a mass commuting facility; and
13 including also the sites thereof and other rights in land
14 therefor whether improved or unimproved, machinery, equipment,
15 site preparation and landscaping, and all appurtenances and
16 facilities incidental thereto, such as warehouses, utilities,
17 access roads, railroad sidings, truck docking and similar
18 facilities, parking facilities, office or storage or training
19 facilities, public lodging and restaurant facilities, dockage,
20 wharfage, solar energy facilities, and other improvements
21 necessary or convenient for any manufacturing or industrial
22 plant, research and development park, information technology
23 facility, agricultural processing or storage facility,
24 warehousing or distribution facility, tourism facility,
25 convention or trade show facility, urban parking facility,
26 trade center, health care facility, educational facility, a
27 correctional or detention facility, motion picture production
28 facility, preservation or rehabilitation of a certified
29 historic structure, airport or port facility, commercial
30 project in an enterprise zone, pollution-control facility,
31 hazardous or solid waste facility, social service center, or a
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1 mass commuting facility and any one or more combinations of
2 the foregoing.
3 (25) "Information technology facility" means a
4 building or structure, including infrastructure such as roads,
5 power, water, network access points, and fiber optic cable
6 leading to the structure, which is used to house businesses
7 classified within the following codes of the North American
8 Industry Classification System (NAICS): 334111 (electronic
9 computer manufacturing), 334112 (computer storage device
10 manufacturing), 334113 (computer terminal manufacturing),
11 334119 (other computer peripheral equipment manufacturing),
12 334613 (magnetic and optical recording media manufacturing),
13 334418 (printed circuit assembly manufacturing), 334411
14 (electron tube manufacturing), 334412 (bare printed circuit
15 board manufacturing), 334413 (semiconductor and related device
16 manufacturing), 334417 (electronic connector manufacturing),
17 334611 (software reproducing), 541512 (computer systems design
18 services), 51421 (data processing services), 514191 (on-line
19 information services), 811212 (computer and office machine
20 repair and maintenance), 44312 (computer and software
21 stores-retail), 541519 (other computer related services),
22 42143 (computer and computer peripheral equipment and software
23 wholesalers), 51121 (software publishers), 541511 (custom
24 computer programming services), and 61142 (computer training).
25 The term also includes joint-use advanced digital media
26 research and production facilities created pursuant to
27 authority from the Legislature for the Office of Tourism,
28 Trade, and Economic Development to administer a program
29 facilitating the establishment and maintenance of such digital
30 media facilities.
31 Section 5. Subsection (10) of section 159.705, Florida
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SENATE AMENDMENT
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1 Statutes, is amended to read:
2 159.705 Powers of the authority.--The authority is
3 authorized and empowered:
4 (10) Other provisions of law to the contrary
5 notwithstanding, to acquire by lease, without consideration,
6 purchase, or option any lands owned, administered, managed,
7 controlled, supervised, or otherwise protected by the state or
8 any of its agencies, departments, boards, or commissions for
9 the purpose of establishing a research and development park,
10 subject to being first designated a research and development
11 authority under the provisions of ss. 159.701-159.7095. The
12 authority may cooperate with state and local political
13 subdivisions and with private profit and nonprofit entities to
14 implement the public purposes set out in s. 159.701. Such
15 cooperation may include agreements for the use of the
16 resources of state and local political subdivisions, agencies,
17 or entities on a fee-for-service basis or on a cost-recovery
18 basis. A project that is located in a research and development
19 park and is financed under the provisions of the Florida
20 Industrial Development Financing Act may be operated by a
21 research and development authority, a state university, a
22 Florida community college, or a governmental agency, provided
23 that the purpose and operation of such project is consistent
24 with the purposes and policies enumerated in ss.
25 159.701-159.7095.
26 Section 6. Section 240.1055, Florida Statutes, is
27 created to read:
28 240.1055 Economic development mission.--
29 (1) The Legislature finds that the state system of
30 postsecondary education contributes to the economic well-being
31 of the state and its people through the education and training
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1 of individuals for employment, through research and
2 development of technologies that have commercial applications,
3 and through the provision of assistance to businesses based in
4 this state. The Legislature further finds that the quality and
5 activities of the state system of postsecondary education
6 directly affect the success of state, regional, and local
7 efforts to develop, recruit, retain, and expand businesses,
8 particularly high-technology businesses, that create jobs and
9 generate revenue. Therefore, as a fundamental component of the
10 purpose and mission articulated in s. 240.105, the mission of
11 the state system of postsecondary education is to complement,
12 facilitate, and support the economic development strategies
13 and goals of the state and its communities.
14 (2) In recognition and furtherance of the economic
15 development mission of the state system of postsecondary
16 education, it is the policy of the state to use the patent
17 system and the technology-licensing operations of public
18 universities to promote the use of inventions arising from
19 funded research; to encourage to the maximum extent possible
20 the participation of businesses based in this state in
21 opportunities to commercialize technology; to promote
22 collaboration between businesses in this state and
23 universities; and to secure for the residents of this state
24 enhanced returns on the intellectual property developed by
25 public universities through funded research.
26 Section 7. Section 240.710, Florida Statutes, is
27 amended to read:
28 240.710 Digital Media Education Coordination Group.--
29 (1) The Division of Universities of the Department of
30 Education, or the division's successor entity, Board of
31 Regents shall create a Digital Media Education Coordination
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1 Group composed of representatives of the universities within
2 the State University System that shall work in conjunction
3 with the Division Department of Education, the State Board of
4 Community Colleges, the Office of Tourism, Trade, and Economic
5 Development, and the Articulation Coordinating Committee on
6 the development of a plan to enhance Florida's ability to meet
7 the current and future workforce needs of the digital media
8 industry. The following purposes of the group shall be
9 included in its plan development process:
10 (a) Coordination of the use of existing academic
11 programs and research and faculty resources to promote the
12 development of a digital media industry in this state.
13 (b) Address strategies to improve opportunities for
14 interdisciplinary study and research within the emerging field
15 of digital media through the development of tracts in existing
16 degree programs, new interdisciplinary degree programs, and
17 interdisciplinary research centers.
18 (c) Address the sharing of resources among
19 universities in such a way as to allow a student to take
20 courses from multiple departments or multiple educational
21 institutions in pursuit of competency, certification, and
22 degrees in digital information and media technology.
23 (2) Where practical, private accredited institutions
24 of higher learning in this state should be encouraged to
25 participate.
26 (3) In addition to the elements of the plan governed
27 by the purposes described in subsection (1), the plan shall
28 include, to the maximum extent practical, the coordination of
29 educational resources to be provided by distance learning and
30 shall facilitate to the maximum extent possible articulation
31 and transfer of credits between community colleges and the
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1 state universities. The plan shall address student enrollment
2 in affected programs with emphasis on enrollment beginning as
3 early as fall term, 2001.
4 (3)(4) The Digital Media Education Coordination Group
5 shall submit an annual report of its activities with any
6 recommendations for policy implementation or funding to the
7 State Board of Education its plan to the President of the
8 Senate and the Speaker of the House of Representatives no
9 later than February 1 of each year January 1, 2001.
10 Section 8. Paragraph (a) of subsection (3) of section
11 288.095, Florida Statutes, are amended to read:
12 288.095 Economic Development Trust Fund.--
13 (3)(a) The Office of Tourism, Trade, and Economic
14 Development may approve applications for certification
15 pursuant to ss. 288.1045(3) and 288.106. However, the total
16 state share of tax refund payments scheduled in all active
17 certifications for fiscal year 2000-2001 shall not exceed $24
18 million. The state share of tax refund payments scheduled in
19 all active certifications for fiscal year 2001-2002 may and
20 each subsequent year shall not exceed $30 million. The total
21 for each subsequent fiscal year may not exceed $35 million.
22 Section 9. Paragraph (i) of subsection (6) of section
23 288.108, Florida Statutes, is amended to read:
24 288.108 High-impact business.--
25 (6) SELECTION AND DESIGNATION OF HIGH-IMPACT
26 SECTORS.--
27 (i) For the purposes of this subsection, the
28 semiconductor a high-impact sector consists of the silicon
29 technology sector and the information technology sector are
30 that Enterprise Florida, Inc., has found to be focused around
31 the type of high-impact businesses for which the incentive
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1 created in this section subsection is designed. These sectors
2 required and will create the kinds of economic sector and
3 economy wide benefits that justify the use of state resources
4 as economic development incentives. Further, the use of state
5 resources to encourage investment in these sectors is
6 necessary to encourage these investments and require
7 substantial inducements to compete with the incentive packages
8 offered by other states and nations. For the purposes of this
9 subsection and s. 220.191, the term "information technology
10 sector" shall encompass, but not be limited to, the digital
11 media sector as defined by Enterprise Florida, Inc., and
12 approved by the Office of Tourism, Trade, and Economic
13 Development.
14 Section 10. The Legislature finds that the Information
15 Services Technology Development Task Force created under
16 chapter 99-354, Laws of Florida, performed an integral role in
17 analyzing and recommending policies to facilitate the
18 beneficial development and deployment of information
19 technology on a statewide basis. It is the intent of the
20 Legislature that, upon the dissolution of the task force
21 effective July 1, 2001, the state solicit continued policy
22 guidance and direction from a not-for-profit corporation
23 created to advocate on behalf of information technology
24 businesses and other high-technology businesses throughout the
25 state and which does business under the name "itflorida.com,
26 Inc." It further is the intent of the Legislature that the
27 State Technology Office; the Office of Tourism, Trade, and
28 Economic Development; and Enterprise Florida, Inc., facilitate
29 the formation and initial operation of such corporation to the
30 maximum extent feasible and that such organizations use the
31 corporation as a resource for information and insights about
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1 the information technology industry and other high-technology
2 industries.
3 Section 11. Effective upon this act becoming a law,
4 section 288.9522, Florida Statutes, is created to read:
5 288.9522 Florida Research Consortium.--
6 (1) CREATION; INTENT.--
7 (a) There is created the Florida Research Consortium,
8 which shall be organized and operated as a not-for-profit
9 corporation in compliance with chapter 617. The consortium
10 shall serve as an entity for uniting businesses and
11 universities in the state in order to enhance economic
12 development through the development and commercialization of
13 science and technology and for targeting the activities of
14 such universities toward fulfillment of the economic
15 development goals of the state.
16 (b) It is the intent of the Legislature that the
17 Florida Research Consortium complement, and not supplant, any
18 elements of the governance structure for the state system of
19 post-secondary education. It further is the intent of the
20 Legislature that the consortium operate as a private
21 corporation and not as an agency of state government. It also
22 is the intent of the Legislature that the state provide a
23 framework for and facilitate the creation and initial
24 operation of the consortium, but that ultimately the
25 consortium function as a dynamic, independent entity that
26 identifies and implements activities to fulfill strategies
27 developed by its board of directors.
28 (2) BOARD OF DIRECTORS.--The Florida Research
29 Consortium shall be governed by a board of directors comprised
30 of the following members:
31 (a) Ten chief executive officers of businesses based
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1 in this state who are appointed by the Governor. Initially, of
2 the 10 chief executive officers, the Governor shall appoint 5
3 members for terms of 4 years, 3 members for terms of 3 years,
4 and 2 members for terms of 2 years. Thereafter, the Governor
5 shall appoint all members for terms of 4 years.
6 (b) Two chief executive officers of businesses based
7 in this state who are appointed by the President of the Senate
8 and who serve at the pleasure of the President.
9 (c) Two chief executive officers of businesses based
10 in this state who are appointed by the Speaker of the House of
11 Representatives and who serve at the pleasure of the Speaker.
12 (d) The presidents of the following universities:
13 1. University of Florida;
14 2. Florida State University;
15 3. University of Central Florida;
16 4. University of South Florida;
17 5. Florida Atlantic University;
18 6. Florida International University;
19 7. Florida Agricultural and Mechanical University;
20 8. University of North Florida;
21 9. Florida Gulf Coast University;
22 10. University of West Florida; and
23 11. University of Miami.
24 (e) The president of Enterprise Florida, Inc.
25 (f) The president of Workforce Florida, Inc.
26 (g) One representative each from two not-for-profit
27 research institutes located in the state which are not public
28 or private universities, who are appointed by the Governor for
29 terms of 4 years.
30 (h) The Governor or the Governor's designee, who shall
31 serve as an ex-officio, nonvoting member.
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1 (i) The Commissioner of Education or the
2 commissioner's designee, who shall serve as an ex-officio,
3 non-voting member.
4
5 The voting members of the board of directors shall biennially
6 elect one of the voting members of the board to serve as the
7 chairman of the board. All members appointed under paragraphs
8 (a), (b), (c), and (g) are subject to Senate confirmation.
9 (3) PURPOSE.--The purpose of the Florida Research
10 Consortium is to support economic development in the state by
11 linking the research capabilities of member universities with
12 the needs and activities of private businesses in the state
13 and by fostering the development and growth of scientific and
14 technology-based industry and commerce in this state.
15 (4) POWERS AND DUTIES.--The powers and duties of the
16 board of directors of the Florida Research Consortium shall
17 include, but not be limited to:
18 (a) Raising funds from nonstate sources to leverage
19 any appropriations from the Legislature;
20 (b) Identifying three specific disciplines in science
21 or technology which shall be the focus of the activities of
22 the consortium, with such disciplines being narrowly defined
23 and being viable areas of potential success for the state from
24 an economic development and academic perspective;
25 (c) Developing and implementing strategies to recruit
26 and retain preeminent researchers in science and
27 technology-based disciplines to universities in the state,
28 with such strategies including but not being limited to the
29 endowment of faculty or research chairs at universities in the
30 state in the disciplines identified under paragraph (b);
31 (d) Developing and implementing strategies to recruit
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1 and retain graduate and undergraduate students in science and
2 technology-based disciplines to universities in the state;
3 (e) Assisting new and expanding science and
4 technology-based businesses with their research, technology
5 commercialization, capital, and workforce needs;
6 (f) Developing and implementing strategies to increase
7 the state's share of research funds;
8 (g) Identifying statutory, regulatory, policy, or
9 other barriers impeding the effective, efficient, and timely
10 transfer of technology and commercialization of research from
11 the university setting and proposing resolutions to such
12 barriers, including reforms to university policies on issues
13 such as conflicts of interest;
14 (h) Developing and implementing strategies to create a
15 culture at member universities which promotes the conduct of
16 applied research and the transfer of technology as fundamental
17 activities of such universities;
18 (i) Developing measures to assess the performance of
19 the technology transfer offices of the member universities in
20 facilitating the transfer of technology to businesses in the
21 state;
22 (j) Facilitating discussions, meetings, and other
23 forms of communication among university researchers, faculty,
24 administrators, and students; high technology businesses in
25 the state; and economic-development professionals;
26 (k) Establishing and maintaining an Internet-based
27 database for the marketing, publication, and exchange of
28 information with the public and private sectors on basic,
29 applied, and other research being conducted at universities in
30 the state;
31 (1) Coordinating donations of equipment from
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1 high-technology businesses to secondary schools;
2 (m) Hiring an executive director and other staff for
3 the Florida Research Consortium; and
4 (n) Meeting at least four times each calendar year,
5 with the first meeting of the board of directors being held by
6 July 1, 2001.
7 (5) ANNUAL REPORT.--
8 (a) By January 1 of each year, the Florida Research
9 Consortium shall submit a report of its activities and
10 accomplishments for the year to the Governor, the President of
11 the Senate, and the Speaker of the House of Representatives.
12 The report shall also include specific recommendations
13 regarding actions the state could take to enhance the
14 commercialization of research and transfer of technologies
15 from the universities and to enhance the role of universities
16 in accomplishing the economic development goals of the state.
17 (b) By December 1 of each year, the technology
18 transfer office of each university that is a member of the
19 Florida Research Consortium shall report to the board of
20 directors on the activities of the office during the year
21 related to facilitating the transfer of technology to
22 businesses and on its other activities related to building
23 relationships between university researchers, faculty,
24 students, and administrators and businesses in the state. The
25 report must include information on the achievement by the
26 office of the performance measures identified under paragraph
27 (4)(i). The board of directors shall summarize the information
28 provided by the technology transfer offices as part of the
29 annual report by the board under paragraph (a).
30 Section 12. (1) Enterprise Florida, Inc., shall
31 provide staff support to the Florida Research Consortium
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1 created under section 288.9522, Florida Statutes, to assist
2 the board of directors of the consortium with the initial
3 organization and operation of the consortium, until such time
4 as the board of directors of the consortium hires an executive
5 director or other staff.
6 (2) This section shall take effect upon this act
7 becoming a law.
8 Section 13. (1) The Legislature finds that promoting
9 objectivity in research at public universities is important to
10 ensure that conflicts of interest do not compromise the
11 responsibility of faculty, researchers, staff, and students to
12 the state and the public educational institutions they
13 represent. The Legislature also finds, however, that the
14 transfer of technology from the university setting to the
15 private sector produces economic development benefits for the
16 state and its citizens and is a laudable public policy goal of
17 the state. The Legislature further finds that such transfer of
18 technology is facilitated by encouraging communication and
19 relationships between university employees and business
20 entities. Therefore, it is the intent of the Legislature that
21 public universities in the state operate under policies and
22 procedures that safeguard the public trust but that also
23 facilitate the transfer of technology by not unduly burdening
24 the building of relationships between university employees and
25 business entities.
26 (2) The Florida Research Consortium created under
27 section 288.9522, Florida Statutes, shall report to the
28 Governor, the President of the Senate, and the Speaker of the
29 House of Representatives by January 1, 2002, on the impact of
30 existing statutes, regulations, policies, and procedures, as
31 well as other factors the consortium identifies, on the
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1 transfer and commercialization of technology from the
2 university setting to the private sector and on the ability of
3 university faculty, researchers, other staff, and students to
4 establish relationships with business entities emanating from
5 research conducted at the universities. The report shall
6 include specific recommendations for actions by the
7 Legislature, universities, and state agencies to enhance and
8 promote the transfer and commercialization of technology to
9 produce economic development benefits for the state and its
10 residents. At a minimum, this report must:
11 (a) Examine the code of ethics for public officers and
12 employees under part III of chapter 112, Florida Statutes, to
13 identify any specific provisions that impede the transfer and
14 commercialization of technology and recommend any changes to
15 the code that the consortium deems necessary to address such
16 impediments.
17 (b) Assess the strengths and weaknesses of technology
18 transfer and commercialization policies and practices of the
19 member universities of the consortium and identify any
20 exemplars.
21 (c) Review technology transfer and commercialization
22 policies and practices in other states to identify models for
23 potential adoption in this state.
24 (d) Examine federal statutes and regulations governing
25 conflicts of interest and disclosure of significant financial
26 interests by researchers who apply for or receive federal
27 research funds and recommend whether comparable statutory or
28 regulatory provisions should be adopted in this state.
29 (e) Analyze the provisions of the federal Bayh-Dole
30 Act and related legislation and recommend whether any
31 comparable provisions should be adopted in this state.
19
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1 (f) Assess the advantages and disadvantages of
2 adopting policies and practices related to the transfer and
3 commercialization of technology on a statewide basis versus at
4 the individual university level.
5 (3) The consortium shall solicit the participation in
6 the preparation of this report of individuals who have
7 expertise related to the transfer and commercialization of
8 technology but who are not members of the consortium.
9 (4) This section shall take effect upon this act
10 becoming a law.
11 Section 14. Section 445.045, Florida Statutes, is
12 amended to read:
13 445.045 Development of an Internet-based system for
14 information technology industry promotion and workforce
15 recruitment.--
16 (1) Workforce Florida, Inc., The Department of Labor
17 and Employment Security shall be responsible for directing
18 facilitate efforts to ensure the development and maintenance
19 of a website that promotes and markets the information
20 technology industry in this state. The website shall be
21 designed to inform the public concerning the scope of the
22 information technology industry in the state and shall also be
23 designed to address the workforce needs of the industry. The
24 website shall include, through links or actual content,
25 information concerning information technology businesses in
26 this state, including links to such businesses; information
27 concerning employment available at these businesses; and the
28 means by which a jobseeker may post a resume on the website.
29 (2) Workforce Florida, Inc., The Department of Labor
30 and Employment Security shall coordinate with the State
31 Technology Office and the Agency for Workforce Innovation
20
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Amendment No. ___ Barcode 684552
1 Workforce Development Board of Enterprise Florida, Inc., to
2 ensure links, where feasible and appropriate, to existing job
3 information websites maintained by the state and state
4 agencies and to ensure that information technology positions
5 offered by the state and state agencies are posted on the
6 information technology website.
7 (3) Workforce Florida, Inc., shall ensure that the
8 website developed and maintained under this section is
9 consistent, compatible, and coordinated with the workforce
10 information systems required under s. 445.011, including, but
11 not limited to, the automated job-matching information system
12 for employers, job seekers, and other users.
13 (4)(a) Workforce Florida, Inc., shall coordinate
14 development and maintenance of the website under this section
15 with the state's Chief Information Officer in the State
16 Technology Office to ensure compatibility with the state's
17 information system strategy and enterprise architecture.
18 (b) Workforce Florida, Inc., may enter into an
19 agreement with the State Technology Office, the Agency for
20 Workforce Innovation, or any other public agency with the
21 requisite information technology expertise for the provision
22 of design, operating, or other technological services
23 necessary to develop and maintain the website.
24 (c) Workforce Florida, Inc., may procure services
25 necessary to implement the provisions of this section,
26 provided, however, that it employs competitive processes,
27 including requests for proposals, competitive negotiation, and
28 other competitive processes to ensure that the procurement
29 results in the most cost-effective investment of state funds.
30 (5) In furtherance of the requirements under this
31 section that the website promote and market the information
21
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 technology industry by communicating information on the scope
2 of the industry in this state, Workforce Florida, Inc., shall
3 coordinate its efforts with the high-technology industry
4 marketing efforts of Enterprise Florida, Inc., under s.
5 288.911. Through links or actual content, the website
6 developed under this section shall serve as a forum for
7 distributing the marketing campaign developed by Enterprise
8 Florida, Inc., under s. 288.911. In addition, Workforce
9 Florida, Inc., shall solicit input from the not-for-profit
10 corporation created to advocate on behalf of the information
11 technology industry as an outgrowth of the Information Service
12 Technology Development Task Force created under chapter
13 99-354, Laws of Florida.
14 (6) In fulfilling its responsibilities under this
15 section, Workforce Florida, Inc., may enlist the assistance of
16 and act through the Agency for Workforce Innovation. The
17 agency is authorized and directed to provide such services as
18 Workforce Florida, Inc., and the agency deem necessary to
19 implement this section.
20 Section 15. Pilot grant program for youth
21 internships.--
22 (1) Subject to legislative appropriation, Workforce
23 Florida, Inc., shall establish a pilot matching grant program
24 that is designed to encourage high-technology businesses to
25 employ, train, and mentor financially needy youth through
26 internships completed under the direct supervision of the
27 eligible business. Under this program, Workforce Florida,
28 Inc., may award grants to an eligible business for the benefit
29 of a named eligible youth. Part of the purpose of the program
30 shall be to help financially needy youth acquire and develop
31 information technology skills in order to help close the
22
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Amendment No. ___ Barcode 684552
1 "digital divide."
2 (2) Grant funds awarded under this program shall be
3 used to supplement the stipend of the eligible youth and must
4 be matched by contributions from the eligible business. The
5 maximum grant amount that may be awarded on behalf of a single
6 eligible youth at one time is $2,000. Workforce Florida, Inc.,
7 may establish limitations on the total number of internship
8 grants that may be awarded to a single eligible business or
9 that may be awarded on behalf of a single eligible youth.
10 (3) An eligible business under this program includes
11 any sole proprietorship, firm, partnership, or corporation in
12 this state that is in the information technology sector,
13 health technology sector, or other high-technology sector that
14 the board of directors of Workforce Florida, Inc., in
15 consultation with Enterprise Florida, Inc., determines is
16 strategically important to the economic development goals of
17 the state.
18 (4) An eligible youth under this program includes a
19 student between the ages of 15 and 18 who is currently
20 enrolled at a high school in Florida and who has not been
21 previously employed within the preceding 12 months by the
22 eligible business, or a successor business, applying for
23 matching funds under this program. The youth must be a member
24 of a family that includes a parent with one or more minor
25 children or a caretaker with one or more minor children and
26 that is at risk of welfare dependency because the family's
27 income does not exceed 200 percent of the federal poverty
28 level.
29 (5)(a) As part of an application for funding under
30 this program, an eligible business must submit an internship
31 work plan that describes:
23
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Amendment No. ___ Barcode 684552
1 1. The work to be performed by the eligible youth;
2 2. The anticipated number of hours per week the
3 eligible youth will work;
4 3. The total hourly stipend to be paid to eligible
5 youth, with a description of the portion of the stipend
6 proposed to be paid by the eligible business and the portion
7 of the stipend proposed to be paid by the state;
8 4. The anticipated term of the internship;
9 5. The training and supervision to be provided by the
10 eligible business, particularly in terms of skill development
11 of the youth related to computers and other information
12 technologies;
13 6. The impact of the grant funds on the ability of the
14 eligible business to employ the eligible youth through the
15 internship; and
16 7. The prospects for unsubsidized employment of the
17 youth after the internship period concludes.
18 (b) An application for funding must also identify the
19 eligible youth to be hired under the internship and include
20 information to demonstrate that the eligible youth satisfies
21 the requirements of subsection (4).
22 (6) Workforce Florida, Inc., shall establish
23 guidelines governing the administration of this program which
24 facilitate access to the program by businesses and shall
25 establish criteria to be used in evaluating an application for
26 funding and the internship plan accompanying the application
27 as required under subsection (5). Such criteria must include,
28 but need not be limited to:
29 (a) The nature of the work to be performed by the
30 eligible youth;
31 (b) The potential experience and skills to be acquired
24
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1 by the eligible youth, particularly related to computers and
2 other information technologies, as identified by Workforce
3 Florida, Inc., which may help address the digital divide;
4 (c) Whether the eligible business is classified in one
5 of the business sectors identified by Enterprise Florida,
6 Inc., as being strategically important to the economic
7 development efforts of the state or is classified in a
8 business sector identified as being strategically important to
9 the particular regional or local area in which the business is
10 located;
11 (d) The supervision, training, and counseling to be
12 provided to the eligible youth as part of the internship;
13 (e) The demonstrated need of the eligible business and
14 the amount of matching funds to be provided by the eligible
15 business; and
16 (f) The extent to which the internship has potential
17 to result in permanent employment with the eligible business
18 at the completion of the internship or anytime thereafter.
19 (7) Before allocating funds for any grant application
20 under this program, Workforce Florida, Inc., shall execute a
21 simplified grant agreement with the eligible business. Such
22 agreement must include provisions for Workforce Florida, Inc.,
23 to have access to information about the performance of
24 eligible youth upon completion of the internship.
25 (8) Workforce Florida, Inc., shall ensure that any
26 forms or reports associated with this program which a business
27 or individual is required to complete are as concise and
28 simple to complete as practicable.
29 (9) Before the 2003 legislative session, Workforce
30 Florida, Inc., shall prepare a report describing the outcomes
31 of the pilot program authorized under this section. The report
25
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1 must include a recommendation as to whether the Legislature
2 should continue to fund the program and on any changes
3 necessary to enhance the program. The report must be submitted
4 to the Governor, the President of the Senate, and the Speaker
5 of the House of Representatives by January 31, 2003.
6 (10) In fulfilling its responsibilities under this
7 section, Workforce Florida, Inc., may enlist the assistance of
8 and act through the Agency for Workforce Innovation. The
9 agency is authorized and directed to provide such services as
10 Workforce Florida, Inc., and the agency deem necessary to
11 implement this section.
12 Section 16. Joint-Use Advanced Digital-Media Research
13 and Production Facilities.--
14 (1) The Legislature finds that developments in digital
15 media are having, and will continue to have, a profound effect
16 on the state, its people, and its businesses in areas
17 including, but not limited to, information technology,
18 simulation technology, and film and entertainment production
19 and distribution. The digital-media industry represents a
20 strategic economic development opportunity for the state to
21 become a global leader in this emerging and dynamic field. The
22 ability of the state to succeed in developing the
23 digital-media sector, however, depends upon having a workforce
24 with skills necessary to meet the demands of the industry. The
25 Legislature further finds that the convergence of media and
26 the collaboration of businesses and multi-disciplinary
27 academic research programs will enable this state to compete
28 more successfully with other digital-media innovation centers
29 around the country and around the world. Therefore, it is the
30 intent of the Legislature to support the establishment and
31 maintenance of joint-use advanced digital-media research and
26
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Amendment No. ___ Barcode 684552
1 production facilities in the state to provide regional focal
2 points for collaboration between research and education
3 programs and digital-media industries.
4 (2) Subject to legislative appropriation, the Office
5 of Tourism, Trade, and Economic Development is authorized to
6 create and administer a program to facilitate the
7 establishment and maintenance of joint-use advanced
8 digital-media research and production facilities at strategic
9 locations around the state. The office shall administer all
10 facets of this program in cooperation and consultation with
11 the Office of the Film Commissioner; Enterprise Florida, Inc.;
12 Workforce Florida, Inc.; the Digital Media Education
13 Coordination Group of the State University System; and a
14 not-for-profit corporation that represents information
15 technology businesses throughout the state.
16 (3) The purposes of a joint-use advanced digital-media
17 research and production facility shall include:
18 (a) Creating opportunities for industry, academia, and
19 government to benefit from student and researcher involvement
20 in applied research and development projects and other
21 projects related to digital media.
22 (b) Promoting paths to future employment for students
23 participating in the activities of the facility.
24 (c) Contributing to the development of a skilled
25 workforce to support the needs of the digital-media industry.
26 (d) Facilitating the transfer of research results to
27 commercial and government applications.
28 (e) Integrating the efforts and activities of the
29 diverse, high-technology industries in the state that are
30 critical to the economic future of the state.
31 (f) Assisting producers, suppliers, and distributors
27
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1 to make the transition from well-established passive media
2 infrastructure to a highly interactive and immersive media
3 infrastructure.
4 (g) Performing other functions or activities designed
5 to contribute to the success of the state in becoming a leader
6 in the digital-media industry, as approved by the Office of
7 Tourism, Trade, and Economic Development.
8 (4) In carrying out its responsibilities under this
9 section, the Office of Tourism, Trade, and Economic
10 Development:
11 (a) Shall develop a strategic plan for how joint-use
12 advanced digital-media research and production facilities will
13 be governed and for how such facilities will be funded in the
14 long term. The office may contract for the preparation of the
15 strategic plan required by this paragraph.
16 (b) May contract for the establishment of joint-use
17 advanced digital-media research and production facilities. In
18 identifying, approving, and executing such contracts, the
19 office shall attempt to maximize the use and integration of
20 existing facilities and programs in the state that are
21 suitable for application as joint-use advanced digital-media
22 facilities. Funds awarded under such contracts may be used to
23 lease or refurbish existing facilities to create
24 state-of-the-art digital-media design, production, and
25 research laboratories that shall be shared by public and
26 private educational institutions and industry partners.
27 (c) Shall ensure that funds appropriated for the
28 program authorized in this section are expended in a manner
29 consistent with the priority needs for developing the
30 digital-media industry in this state, as identified by the
31 organizations listed in subsection (2).
28
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 (d) Shall require any entity or organization receiving
2 state funding under this section to match such funding with
3 non-state sources.
4 (e) Shall require any joint-use advanced digital-media
5 research and production facility receiving state funds to
6 submit for approval by the office a detailed plan for the
7 operation of such facility. Such operating plan must, at a
8 minimum, include provisions for the establishment of a tenant
9 association, with representation by each tenant using the
10 facility, and for the collection of annual dues from tenants
11 to support the operation and maintenance of the facility.
12 (f) Shall require any joint-use advanced digital-media
13 research and production facility receiving state funding to
14 submit an annual report to the office by a date established by
15 the office. Upon receipt of such annual reports, the office
16 shall provide copies to the Governor, the President of the
17 Senate, and the Speaker of the House of Representatives.
18 (g) Shall establish guidelines and criteria governing
19 the application for and receipt of funds under this section.
20 (h) May, as part of the annual report on the business
21 climate of the state required under section 14.2015, Florida
22 Statutes, recommend to the Legislature policies designed to
23 enhance the effectiveness of the program for joint-use
24 advanced digital-media research and production facilities or
25 policies designed to otherwise promote the development of the
26 digital-media industry in the state.
27 (5) For the purposes of this section, the term
28 "digital media" is defined as a discipline based on the
29 creative convergence of art, science, and technology for human
30 expression, communication, and social interaction. The Office
31 of Tourism, Trade, and Economic Development, in cooperation
29
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 and consultation with the organizations identified in
2 subsection (2), shall identify specific types of businesses or
3 types of business activity to be included within the term
4 "digital media."
5 Section 17. The Office of Tourism, Trade, and Economic
6 Development, the Office of the Film Commissioner, and the
7 Digital Media Education Coordination Group shall jointly
8 report to the President of the Senate and the Speaker of the
9 House of Representatives by December 1, 2001, on recommended
10 funding levels for the program to facilitate establishment and
11 maintenance of joint-use advanced digital-media research and
12 production facilities as authorized by this act. The report
13 must include options based on different funding levels and
14 information on the number and types of facilities that the
15 organizations estimate could be established under each funding
16 option. The report also must include an assessment of the
17 long-term costs associated with operating such facilities and
18 an assessment of non-state funding sources that could be
19 accessed to support establishment and maintenance of such
20 facilities.
21 Section 18. (1) In implementing the single, statewide
22 computer-assisted student advising system required under
23 section 240.2099, Florida Statutes, the Board of Regents and
24 the State Board of Community Colleges may:
25 (a) Perform all things necessary to secure letters of
26 patent, copyrights, and trademarks on any work products and
27 enforce their rights with respect thereto.
28 (b) Enter into binding agreements with organizations,
29 corporations, or government entities to license, lease,
30 assign, or otherwise give written consent to any person, firm,
31 corporation, or agency for the use of the single, statewide,
30
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 computer-assisted student advising system and collect
2 royalties or any other consideration that the boards find
3 proper.
4 (c) Sell or license any such work products and execute
5 all instruments necessary to consummate the sale or license.
6 (2) The Board of Regents and the State Board of
7 Community Colleges shall submit to the President of the Senate
8 and the Speaker of the House of Representatives any agreement
9 relating to this section. The President and Speaker may review
10 the terms of the agreement and respond with comments for 30
11 days after receipt of an agreement; after that time, the
12 agreement is binding.
13 (3) All or a portion of the proceeds derived from
14 activities authorized under this section may be expended for
15 developing the next generation of on-line student services,
16 maintaining and operating the system, and acquiring statewide
17 licenses for related software. Proceeds in excess of that
18 necessary to support such expenditures may be deposited in the
19 State Treasury to support need-based student aid or to support
20 information technology infrastructure.
21 Section 19. The unexpended balance of funds from
22 section 38 of chapter 2000-164, Laws of Florida, authorized to
23 reimburse eligible companies for sales tax payments made on
24 equipment specifically associated with the creation of a
25 network access point, is reappropriated for Fiscal Year
26 2001-2002 to the Department of Revenue for reimbursement of
27 such sales tax payments as provided in section 212.08(5),
28 Florida Statutes.
29 Section 20. There is appropriated from the General
30 Revenue Fund to the Office of Tourism, Trade, and Economic
31 Development the sum of $100,000 in fiscal year 2001-2002 for
31
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 use by the Florida Research Consortium created under section
2 288.9522, Florida Statutes, for the purposes specified in such
3 section.
4 Section 21. There is appropriated from the Employment
5 Security Administration Trust Fund to the Agency for Workforce
6 Innovation the sum of $200,000 in fiscal year 2001-2002 for
7 use by Workforce Florida, Inc., in implementing the pilot
8 matching grant program for youth internships as provided in
9 this act. The source of these funds is the Temporary
10 Assistance for Needy Families block grant.
11 Section 22. Except as otherwise provided, this act
12 shall take effect July 1, 2001.
13
14 (Redesignate subsequent sections.)
15
16
17 ================ T I T L E A M E N D M E N T ===============
18 And the title is amended as follows:
19 Delete everything before the enacting clause
20
21 and insert:
22 A bill to be entitled
23 An act relating to economic development;
24 creating the "Florida Emerging and Strategic
25 Technologies Act"; creating s. 121.155, F.S.;
26 providing legislative findings relating to the
27 relationship between availability of capital
28 and the development of high-technology
29 businesses; expressing legislative intent that
30 Florida Retirement System investments
31 complement economic development strategies;
32
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 requiring staff of the State Board of
2 Administration to review certain economic
3 development information; expanding annual
4 report requirements; amending s. 159.26, F.S.;
5 declaring, for purposes of the Florida
6 Industrial Development Financing Act, that the
7 information technology industry is vital to the
8 economy of the state; providing that the
9 advancement of information technology is a
10 purpose underlying the act; amending s. 159.27,
11 F.S.; redefining the term "project" to include
12 information technology facilities; defining the
13 term "information technology facility";
14 amending s. 159.705, F.S.; specifying that
15 certain entities may operate a project located
16 in a research and development park and financed
17 under the Florida Industrial Development
18 Financing Act; creating s. 240.1055, F.S.;
19 providing that the mission of the state system
20 of postsecondary education includes supporting
21 the economic development goals of the state;
22 expressing legislative intent; amending s.
23 240.710, F.S.; revising duties relating to the
24 Digital Media Education Coordination Group;
25 eliminating obsolete provisions; providing for
26 the group to submit an annual report; amending
27 s. 288.095, F.S.; increasing the amount of the
28 total state share of tax refunds that may be
29 scheduled annually for payment under the
30 qualified target industry tax refund program
31 and the qualified defense contractor tax refund
33
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 program; amending s. 288.108, F.S.; specifying
2 that the information technology sector is a
3 high-impact sector for the purposes of a grant
4 program for investments by certain businesses;
5 providing legislative intent relating to the
6 provision of state assistance to a
7 not-for-profit corporation created to advocate
8 on behalf of the information technology
9 industry; creating s. 288.9522, F.S.; creating
10 the Florida Research Consortium; providing
11 legislative intent related to the consortium;
12 providing for the organization, membership,
13 purpose, powers, and administration of the
14 consortium; requiring an annual report from the
15 consortium and its member universities;
16 requiring Enterprise Florida, Inc., to provide
17 initial staff support to the Florida Research
18 Consortium; requiring the Florida Research
19 Consortium to report on statutory and other
20 factors affecting the transfer and
21 commercialization of technology and the
22 formation of relationships between university
23 employees and business entities; prescribing
24 elements of such report; requiring the
25 consortium to solicit the participation of
26 certain experts in the preparation of such
27 report; amending s. 445.045, F.S.; reassigning
28 responsibility for development and maintenance
29 of an information technology promotion and
30 workforce recruitment website to Workforce
31 Florida, Inc.; requiring consistency and
34
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 compatibility with other information systems;
2 authorizing Workforce Florida, Inc., to secure
3 website services from outside entities;
4 requiring coordination of the information
5 technology website with other marketing,
6 promotion, and advocacy efforts; authorizing
7 Workforce Florida, Inc., to act through the
8 Agency for Workforce Innovation in fulfilling
9 its responsibilities related to the website;
10 directing the agency to provide such services
11 to Workforce Florida, Inc.; directing Workforce
12 Florida, Inc., to establish a pilot grant
13 program for youth internships in
14 high-technology fields, subject to legislative
15 appropriation; specifying the amount of a grant
16 under the program; providing for eligibility;
17 requiring an eligible business to submit an
18 internship work plan; specifying criteria for
19 evaluating an application for funding of an
20 internship; requiring Workforce Florida, Inc.,
21 to report the outcomes of the pilot program to
22 the Legislature; authorizing Workforce Florida,
23 Inc., to act through the Agency for Workforce
24 Innovation in fulfilling its responsibilities
25 related to the pilot program; directing the
26 agency to provide such services to Workforce
27 Florida, Inc.; providing legislative findings
28 and intent relating to establishment of
29 joint-use advanced digital-media research and
30 production facilities; authorizing the Office
31 of Tourism, Trade, and Economic Development to
35
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 create a program supporting establishment of
2 such facilities; prescribing the purposes of
3 such facilities; specifying powers and duties
4 of the office relating to establishment of such
5 facilities; defining the term "digital media";
6 requiring a report to the Legislature on
7 recommended funding levels for such facilities;
8 authorizing the Board of Regents and the State
9 Board of Community Colleges, in implementing a
10 single, statewide computer-assisted student
11 advising system, to secure and enforce patents
12 on work products, enter into various
13 agreements, and sell or license work products;
14 requiring the Board of Regents and the State
15 Board of Community Colleges to submit certain
16 agreements to the Legislature; providing for
17 uses of any or all of the proceeds derived from
18 such activities; providing appropriations;
19 providing effective dates.
20
21 WHEREAS, Enterprise Florida, Inc., has sector
22 strategies devoted to Florida's health technology industry and
23 information technology industry, and
24 WHEREAS, the health technology industry and information
25 technology industry represent valued and growing sectors of
26 Florida's economy, and
27 WHEREAS, these industries employ Floridians at high
28 average wages, and
29 WHEREAS, these industries are dominated by small
30 employers and entrepreneurs who look to the state, its
31 communities, economic development organizations, and community
36
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SENATE AMENDMENT
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Amendment No. ___ Barcode 684552
1 colleges and universities to provide an environment that will
2 nurture their development, and
3 WHEREAS, these industries have identified issues
4 relating to workforce development, transfer of technology from
5 universities, availability of capital, and economic
6 development marketing and programs as affecting their
7 viability and development, and
8 WHEREAS, the issues affecting the viability and
9 development of these industries are also critical to other
10 emerging and strategic high-technology industries that are
11 critically important to the economic development of the state
12 in the New Economy, and
13 WHEREAS, high-technology industries improve the quality
14 of life for all Floridians, and
15 WHEREAS, the Florida Legislature recognizes the
16 importance of high-technology industries to our state, NOW,
17 THEREFORE,
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37
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