Senate Bill sb1750e1
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1 A bill to be entitled
2 An act relating to economic development;
3 creating the "Florida Emerging and Strategic
4 Technologies Act"; creating s. 121.155, F.S.;
5 providing legislative findings relating to the
6 relationship between availability of capital
7 and the development of high-technology
8 businesses; expressing legislative intent that
9 Florida Retirement System investments
10 complement economic development strategies;
11 requiring staff of the State Board of
12 Administration to review certain economic
13 development information; expanding annual
14 report requirements; amending s. 159.26, F.S.;
15 declaring, for purposes of the Florida
16 Industrial Development Financing Act, that the
17 information technology industry is vital to the
18 economy of the state; providing that the
19 advancement of information technology is a
20 purpose underlying the act; amending s. 159.27,
21 F.S.; redefining the term "project" to include
22 information technology facilities; defining the
23 term "information technology facility";
24 amending s. 159.705, F.S.; specifying that
25 certain entities may operate a project located
26 in a research and development park and financed
27 under the Florida Industrial Development
28 Financing Act; creating s. 240.1055, F.S.;
29 providing that the mission of the state system
30 of postsecondary education includes supporting
31 the economic development goals of the state;
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1 expressing legislative intent; amending s.
2 240.710, F.S.; revising duties relating to the
3 Digital Media Education Coordination Group;
4 eliminating obsolete provisions; providing for
5 the group to submit an annual report; amending
6 s. 288.095, F.S.; increasing the amount of the
7 total state share of tax refunds that may be
8 scheduled annually for payment under the
9 qualified target industry tax refund program
10 and the qualified defense contractor tax refund
11 program; amending s. 288.108, F.S.; specifying
12 that the information technology sector is a
13 high-impact sector for the purposes of a grant
14 program for investments by certain businesses;
15 providing legislative intent relating to the
16 provision of state assistance to a
17 not-for-profit corporation created to advocate
18 on behalf of the information technology
19 industry; creating s. 288.9522, F.S.; creating
20 the Florida Research Consortium; providing
21 legislative intent related to the consortium;
22 providing for the organization, membership,
23 purpose, powers, and administration of the
24 consortium; requiring an annual report from the
25 consortium and its member universities;
26 requiring Enterprise Florida, Inc., to provide
27 initial staff support to the Florida Research
28 Consortium; requiring the Florida Research
29 Consortium to report on statutory and other
30 factors affecting the transfer and
31 commercialization of technology and the
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1 formation of relationships between university
2 employees and business entities; prescribing
3 elements of such report; requiring the
4 consortium to solicit the participation of
5 certain experts in the preparation of such
6 report; amending s. 445.045, F.S.; reassigning
7 responsibility for development and maintenance
8 of an information technology promotion and
9 workforce recruitment website to Workforce
10 Florida, Inc.; requiring consistency and
11 compatibility with other information systems;
12 authorizing Workforce Florida, Inc., to secure
13 website services from outside entities;
14 requiring coordination of the information
15 technology website with other marketing,
16 promotion, and advocacy efforts; authorizing
17 Workforce Florida, Inc., to act through the
18 Agency for Workforce Innovation in fulfilling
19 its responsibilities related to the website;
20 directing the agency to provide such services
21 to Workforce Florida, Inc.; directing Workforce
22 Florida, Inc., to establish a pilot grant
23 program for youth internships in
24 high-technology fields, subject to legislative
25 appropriation; specifying the amount of a grant
26 under the program; providing for eligibility;
27 requiring an eligible business to submit an
28 internship work plan; specifying criteria for
29 evaluating an application for funding of an
30 internship; requiring Workforce Florida, Inc.,
31 to report the outcomes of the pilot program to
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1 the Legislature; authorizing Workforce Florida,
2 Inc., to act through the Agency for Workforce
3 Innovation in fulfilling its responsibilities
4 related to the pilot program; directing the
5 agency to provide such services to Workforce
6 Florida, Inc.; providing legislative findings
7 and intent relating to establishment of
8 joint-use advanced digital-media research and
9 production facilities; authorizing the Office
10 of Tourism, Trade, and Economic Development to
11 create a program supporting establishment of
12 such facilities; prescribing the purposes of
13 such facilities; specifying powers and duties
14 of the office relating to establishment of such
15 facilities; defining the term "digital media";
16 requiring a report to the Legislature on
17 recommended funding levels for such facilities;
18 authorizing the Board of Regents and the State
19 Board of Community Colleges, in implementing a
20 single, statewide computer-assisted student
21 advising system, to secure and enforce patents
22 on work products, enter into various
23 agreements, and sell or license work products;
24 requiring the Board of Regents and the State
25 Board of Community Colleges to submit certain
26 agreements to the Legislature; providing for
27 uses of any or all of the proceeds derived from
28 such activities; providing appropriations;
29 providing effective dates.
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1 WHEREAS, Enterprise Florida, Inc., has sector
2 strategies devoted to Florida's health technology industry and
3 information technology industry, and
4 WHEREAS, the health technology industry and information
5 technology industry represent valued and growing sectors of
6 Florida's economy, and
7 WHEREAS, these industries employ Floridians at high
8 average wages, and
9 WHEREAS, these industries are dominated by small
10 employers and entrepreneurs who look to the state, its
11 communities, economic development organizations, and community
12 colleges and universities to provide an environment that will
13 nurture their development, and
14 WHEREAS, these industries have identified issues
15 relating to workforce development, transfer of technology from
16 universities, availability of capital, and economic
17 development marketing and programs as affecting their
18 viability and development, and
19 WHEREAS, the issues affecting the viability and
20 development of these industries are also critical to other
21 emerging and strategic high-technology industries that are
22 critically important to the economic development of the state
23 in the New Economy, and
24 WHEREAS, high-technology industries improve the quality
25 of life for all Floridians, and
26 WHEREAS, the Florida Legislature recognizes the
27 importance of high-technology industries to our state, NOW,
28 THEREFORE,
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. This act may be cited as the "Florida
2 Emerging and Strategic Technologies Act."
3 Section 2. Section 121.155, Florida Statutes, is
4 created to read:
5 121.155 Investments in support of economic development
6 strategies; legislative findings and intent.--
7 (1) The Legislature finds that:
8 (a) The recruitment, retention, and expansion of
9 high-technology businesses are a principal economic
10 development strategy of the state.
11 (b) High-technology businesses have the potential to
12 contribute significantly to the prosperity of the state and
13 its residents through the creation of employment opportunities
14 and through the generation of revenues into the economy.
15 (c) A significant barrier to the growth of
16 high-technology businesses in the state is caused by a lack of
17 access to sources of capital to support the activities of such
18 businesses.
19 (d) The State Board of Administration, through the
20 investment of funds of the System Trust Fund, has the ability
21 to influence the availability of capital in the marketplace
22 for businesses located in the state.
23 (e) The investment of funds of the System Trust Fund
24 in a manner consistent with the economic development goals of
25 the state enhances the prospects for fulfillment of such
26 goals.
27 (2) It is the intent of the Legislature that the State
28 Board of Administration, consistent with sound investment
29 policy and with the investment provisions set forth in ss.
30 215.44-215.53, maximize opportunities to invest and reinvest
31 available funds of the System Trust Fund in a manner that is
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1 consistent with, and that supports fulfillment of, the
2 economic development strategies of the state, including
3 investing and reinvesting funds in support of the capital
4 needs of emerging and strategic high-technology businesses
5 located in the state. It is further the intent of the
6 Legislature that the State Board of Administration, in
7 supporting fulfillment of the economic development strategies
8 of the state, establish partnerships, where feasible, with
9 venture capital firms designed to facilitate investment of
10 venture capital in high-technology businesses located in this
11 state.
12 (3) Staff of the State Board of Administration shall
13 regularly solicit information from Enterprise Florida, Inc.,
14 on those high-technology business sectors that research
15 indicates have significant potential to contribute to the
16 economic development of the state and shall provide such
17 information to the Investment Advisory Council created under
18 s. 215.444.
19 (4) As part of the annual report required under s.
20 215.44, the State Board of Administration shall describe those
21 investment activities during the year in furtherance of the
22 findings and intent of this section.
23 Section 3. Section 159.26, Florida Statutes, is
24 amended to read:
25 159.26 Legislative findings and purposes.--The
26 Legislature finds and declares that:
27 (1) The agriculture, tourism, urban development,
28 historic preservation, information technology, education, and
29 health care industries, among others, are vital to the economy
30 of the state and to the welfare of the people and need to be
31
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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 4. 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 5. Subsection (10) of section 159.705, Florida
17 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 6. 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 7. 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 8. Paragraph (a) of subsection (3) of section
27 288.095, Florida Statutes, are amended to read:
28 288.095 Economic Development Trust Fund.--
29 (3)(a) The Office of Tourism, Trade, and Economic
30 Development may approve applications for certification
31 pursuant to ss. 288.1045(3) and 288.106. However, the total
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1 state share of tax refund payments scheduled in all active
2 certifications for fiscal year 2000-2001 shall not exceed $24
3 million. The state share of tax refund payments scheduled in
4 all active certifications for fiscal year 2001-2002 may and
5 each subsequent year shall not exceed $30 million. The total
6 for each subsequent fiscal year may not exceed $35 million.
7 Section 9. Paragraph (i) of subsection (6) of section
8 288.108, Florida Statutes, is amended to read:
9 288.108 High-impact business.--
10 (6) SELECTION AND DESIGNATION OF HIGH-IMPACT
11 SECTORS.--
12 (i) For the purposes of this subsection, the
13 semiconductor a high-impact sector consists of the silicon
14 technology sector and the information technology sector are
15 that Enterprise Florida, Inc., has found to be focused around
16 the type of high-impact businesses for which the incentive
17 created in this section subsection is designed. These sectors
18 required and will create the kinds of economic sector and
19 economy wide benefits that justify the use of state resources
20 as economic development incentives. Further, the use of state
21 resources to encourage investment in these sectors is
22 necessary to encourage these investments and require
23 substantial inducements to compete with the incentive packages
24 offered by other states and nations. For the purposes of this
25 subsection and s. 220.191, the term "information technology
26 sector" shall encompass, but not be limited to, the digital
27 media sector as defined by Enterprise Florida, Inc., and
28 approved by the Office of Tourism, Trade, and Economic
29 Development.
30 Section 10. The Legislature finds that the Information
31 Services Technology Development Task Force created under
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1 chapter 99-354, Laws of Florida, performed an integral role in
2 analyzing and recommending policies to facilitate the
3 beneficial development and deployment of information
4 technology on a statewide basis. It is the intent of the
5 Legislature that, upon the dissolution of the task force
6 effective July 1, 2001, the state solicit continued policy
7 guidance and direction from a not-for-profit corporation
8 created to advocate on behalf of information technology
9 businesses and other high-technology businesses throughout the
10 state and which does business under the name "itflorida.com,
11 Inc." It further is the intent of the Legislature that the
12 State Technology Office; the Office of Tourism, Trade, and
13 Economic Development; and Enterprise Florida, Inc., facilitate
14 the formation and initial operation of such corporation to the
15 maximum extent feasible and that such organizations use the
16 corporation as a resource for information and insights about
17 the information technology industry and other high-technology
18 industries.
19 Section 11. Effective upon this act becoming a law,
20 section 288.9522, Florida Statutes, is created to read:
21 288.9522 Florida Research Consortium.--
22 (1) CREATION; INTENT.--
23 (a) There is created the Florida Research Consortium,
24 which shall be organized and operated as a not-for-profit
25 corporation in compliance with chapter 617. The consortium
26 shall serve as an entity for uniting businesses and
27 universities in the state in order to enhance economic
28 development through the development and commercialization of
29 science and technology and for targeting the activities of
30 such universities toward fulfillment of the economic
31 development goals of the state.
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1 (b) It is the intent of the Legislature that the
2 Florida Research Consortium complement, and not supplant, any
3 elements of the governance structure for the state system of
4 post-secondary education. It further is the intent of the
5 Legislature that the consortium operate as a private
6 corporation and not as an agency of state government. It also
7 is the intent of the Legislature that the state provide a
8 framework for and facilitate the creation and initial
9 operation of the consortium, but that ultimately the
10 consortium function as a dynamic, independent entity that
11 identifies and implements activities to fulfill strategies
12 developed by its board of directors.
13 (2) BOARD OF DIRECTORS.--The Florida Research
14 Consortium shall be governed by a board of directors comprised
15 of the following members:
16 (a) Ten chief executive officers of businesses based
17 in this state who are appointed by the Governor. Initially, of
18 the 10 chief executive officers, the Governor shall appoint 5
19 members for terms of 4 years, 3 members for terms of 3 years,
20 and 2 members for terms of 2 years. Thereafter, the Governor
21 shall appoint all members for terms of 4 years.
22 (b) Two chief executive officers of businesses based
23 in this state who are appointed by the President of the Senate
24 and who serve at the pleasure of the President.
25 (c) Two chief executive officers of businesses based
26 in this state who are appointed by the Speaker of the House of
27 Representatives and who serve at the pleasure of the Speaker.
28 (d) The presidents of the following universities:
29 1. University of Florida;
30 2. Florida State University;
31 3. University of Central Florida;
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1 4. University of South Florida;
2 5. Florida Atlantic University;
3 6. Florida International University;
4 7. Florida Agricultural and Mechanical University;
5 8. University of North Florida;
6 9. Florida Gulf Coast University;
7 10. University of West Florida; and
8 11. University of Miami.
9 (e) The president of Enterprise Florida, Inc.
10 (f) The president of Workforce Florida, Inc.
11 (g) One representative each from two not-for-profit
12 research institutes located in the state which are not public
13 or private universities, who are appointed by the Governor for
14 terms of 4 years.
15 (h) The Governor or the Governor's designee, who shall
16 serve as an ex-officio, nonvoting member.
17 (i) The Commissioner of Education or the
18 commissioner's designee, who shall serve as an ex-officio,
19 non-voting member.
20
21 The voting members of the board of directors shall biennially
22 elect one of the voting members of the board to serve as the
23 chairman of the board. All members appointed under paragraphs
24 (a), (b), (c), and (g) are subject to Senate confirmation.
25 (3) PURPOSE.--The purpose of the Florida Research
26 Consortium is to support economic development in the state by
27 linking the research capabilities of member universities with
28 the needs and activities of private businesses in the state
29 and by fostering the development and growth of scientific and
30 technology-based industry and commerce in this state.
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1 (4) POWERS AND DUTIES.--The powers and duties of the
2 board of directors of the Florida Research Consortium shall
3 include, but not be limited to:
4 (a) Raising funds from nonstate sources to leverage
5 any appropriations from the Legislature;
6 (b) Identifying three specific disciplines in science
7 or technology which shall be the focus of the activities of
8 the consortium, with such disciplines being narrowly defined
9 and being viable areas of potential success for the state from
10 an economic development and academic perspective;
11 (c) Developing and implementing strategies to recruit
12 and retain preeminent researchers in science and
13 technology-based disciplines to universities in the state,
14 with such strategies including but not being limited to the
15 endowment of faculty or research chairs at universities in the
16 state in the disciplines identified under paragraph (b);
17 (d) Developing and implementing strategies to recruit
18 and retain graduate and undergraduate students in science and
19 technology-based disciplines to universities in the state;
20 (e) Assisting new and expanding science and
21 technology-based businesses with their research, technology
22 commercialization, capital, and workforce needs;
23 (f) Developing and implementing strategies to increase
24 the state's share of research funds;
25 (g) Identifying statutory, regulatory, policy, or
26 other barriers impeding the effective, efficient, and timely
27 transfer of technology and commercialization of research from
28 the university setting and proposing resolutions to such
29 barriers, including reforms to university policies on issues
30 such as conflicts of interest;
31
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1 (h) Developing and implementing strategies to create a
2 culture at member universities which promotes the conduct of
3 applied research and the transfer of technology as fundamental
4 activities of such universities;
5 (i) Developing measures to assess the performance of
6 the technology transfer offices of the member universities in
7 facilitating the transfer of technology to businesses in the
8 state;
9 (j) Facilitating discussions, meetings, and other
10 forms of communication among university researchers, faculty,
11 administrators, and students; high technology businesses in
12 the state; and economic-development professionals;
13 (k) Establishing and maintaining an Internet-based
14 database for the marketing, publication, and exchange of
15 information with the public and private sectors on basic,
16 applied, and other research being conducted at universities in
17 the state;
18 (1) Coordinating donations of equipment from
19 high-technology businesses to secondary schools;
20 (m) Hiring an executive director and other staff for
21 the Florida Research Consortium; and
22 (n) Meeting at least four times each calendar year,
23 with the first meeting of the board of directors being held by
24 July 1, 2001.
25 (5) ANNUAL REPORT.--
26 (a) By January 1 of each year, the Florida Research
27 Consortium shall submit a report of its activities and
28 accomplishments for the year to the Governor, the President of
29 the Senate, and the Speaker of the House of Representatives.
30 The report shall also include specific recommendations
31 regarding actions the state could take to enhance the
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1 commercialization of research and transfer of technologies
2 from the universities and to enhance the role of universities
3 in accomplishing the economic development goals of the state.
4 (b) By December 1 of each year, the technology
5 transfer office of each university that is a member of the
6 Florida Research Consortium shall report to the board of
7 directors on the activities of the office during the year
8 related to facilitating the transfer of technology to
9 businesses and on its other activities related to building
10 relationships between university researchers, faculty,
11 students, and administrators and businesses in the state. The
12 report must include information on the achievement by the
13 office of the performance measures identified under paragraph
14 (4)(i). The board of directors shall summarize the information
15 provided by the technology transfer offices as part of the
16 annual report by the board under paragraph (a).
17 Section 12. (1) Enterprise Florida, Inc., shall
18 provide staff support to the Florida Research Consortium
19 created under section 288.9522, Florida Statutes, to assist
20 the board of directors of the consortium with the initial
21 organization and operation of the consortium, until such time
22 as the board of directors of the consortium hires an executive
23 director or other staff.
24 (2) This section shall take effect upon this act
25 becoming a law.
26 Section 13. (1) The Legislature finds that promoting
27 objectivity in research at public universities is important to
28 ensure that conflicts of interest do not compromise the
29 responsibility of faculty, researchers, staff, and students to
30 the state and the public educational institutions they
31 represent. The Legislature also finds, however, that the
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1 transfer of technology from the university setting to the
2 private sector produces economic development benefits for the
3 state and its citizens and is a laudable public policy goal of
4 the state. The Legislature further finds that such transfer of
5 technology is facilitated by encouraging communication and
6 relationships between university employees and business
7 entities. Therefore, it is the intent of the Legislature that
8 public universities in the state operate under policies and
9 procedures that safeguard the public trust but that also
10 facilitate the transfer of technology by not unduly burdening
11 the building of relationships between university employees and
12 business entities.
13 (2) The Florida Research Consortium created under
14 section 288.9522, Florida Statutes, shall report to the
15 Governor, the President of the Senate, and the Speaker of the
16 House of Representatives by January 1, 2002, on the impact of
17 existing statutes, regulations, policies, and procedures, as
18 well as other factors the consortium identifies, on the
19 transfer and commercialization of technology from the
20 university setting to the private sector and on the ability of
21 university faculty, researchers, other staff, and students to
22 establish relationships with business entities emanating from
23 research conducted at the universities. The report shall
24 include specific recommendations for actions by the
25 Legislature, universities, and state agencies to enhance and
26 promote the transfer and commercialization of technology to
27 produce economic development benefits for the state and its
28 residents. At a minimum, this report must:
29 (a) Examine the code of ethics for public officers and
30 employees under part III of chapter 112, Florida Statutes, to
31 identify any specific provisions that impede the transfer and
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1 commercialization of technology and recommend any changes to
2 the code that the consortium deems necessary to address such
3 impediments.
4 (b) Assess the strengths and weaknesses of technology
5 transfer and commercialization policies and practices of the
6 member universities of the consortium and identify any
7 exemplars.
8 (c) Review technology transfer and commercialization
9 policies and practices in other states to identify models for
10 potential adoption in this state.
11 (d) Examine federal statutes and regulations governing
12 conflicts of interest and disclosure of significant financial
13 interests by researchers who apply for or receive federal
14 research funds and recommend whether comparable statutory or
15 regulatory provisions should be adopted in this state.
16 (e) Analyze the provisions of the federal Bayh-Dole
17 Act and related legislation and recommend whether any
18 comparable provisions should be adopted in this state.
19 (f) Assess the advantages and disadvantages of
20 adopting policies and practices related to the transfer and
21 commercialization of technology on a statewide basis versus at
22 the individual university level.
23 (3) The consortium shall solicit the participation in
24 the preparation of this report of individuals who have
25 expertise related to the transfer and commercialization of
26 technology but who are not members of the consortium.
27 (4) This section shall take effect upon this act
28 becoming a law.
29 Section 14. Section 445.045, Florida Statutes, is
30 amended to read:
31
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1 445.045 Development of an Internet-based system for
2 information technology industry promotion and workforce
3 recruitment.--
4 (1) Workforce Florida, Inc., The Department of Labor
5 and Employment Security shall be responsible for directing
6 facilitate efforts to ensure the development and maintenance
7 of a website that promotes and markets the information
8 technology industry in this state. The website shall be
9 designed to inform the public concerning the scope of the
10 information technology industry in the state and shall also be
11 designed to address the workforce needs of the industry. The
12 website shall include, through links or actual content,
13 information concerning information technology businesses in
14 this state, including links to such businesses; information
15 concerning employment available at these businesses; and the
16 means by which a jobseeker may post a resume on the website.
17 (2) Workforce Florida, Inc., The Department of Labor
18 and Employment Security shall coordinate with the State
19 Technology Office and the Agency for Workforce Innovation
20 Workforce Development Board of Enterprise Florida, Inc., to
21 ensure links, where feasible and appropriate, to existing job
22 information websites maintained by the state and state
23 agencies and to ensure that information technology positions
24 offered by the state and state agencies are posted on the
25 information technology website.
26 (3) Workforce Florida, Inc., shall ensure that the
27 website developed and maintained under this section is
28 consistent, compatible, and coordinated with the workforce
29 information systems required under s. 445.011, including, but
30 not limited to, the automated job-matching information system
31 for employers, job seekers, and other users.
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1 (4)(a) Workforce Florida, Inc., shall coordinate
2 development and maintenance of the website under this section
3 with the state's Chief Information Officer in the State
4 Technology Office to ensure compatibility with the state's
5 information system strategy and enterprise architecture.
6 (b) Workforce Florida, Inc., may enter into an
7 agreement with the State Technology Office, the Agency for
8 Workforce Innovation, or any other public agency with the
9 requisite information technology expertise for the provision
10 of design, operating, or other technological services
11 necessary to develop and maintain the website.
12 (c) Workforce Florida, Inc., may procure services
13 necessary to implement the provisions of this section,
14 provided, however, that it employs competitive processes,
15 including requests for proposals, competitive negotiation, and
16 other competitive processes to ensure that the procurement
17 results in the most cost-effective investment of state funds.
18 (5) In furtherance of the requirements under this
19 section that the website promote and market the information
20 technology industry by communicating information on the scope
21 of the industry in this state, Workforce Florida, Inc., shall
22 coordinate its efforts with the high-technology industry
23 marketing efforts of Enterprise Florida, Inc., under s.
24 288.911. Through links or actual content, the website
25 developed under this section shall serve as a forum for
26 distributing the marketing campaign developed by Enterprise
27 Florida, Inc., under s. 288.911. In addition, Workforce
28 Florida, Inc., shall solicit input from the not-for-profit
29 corporation created to advocate on behalf of the information
30 technology industry as an outgrowth of the Information Service
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1 Technology Development Task Force created under chapter
2 99-354, Laws of Florida.
3 (6) In fulfilling its responsibilities under this
4 section, Workforce Florida, Inc., may enlist the assistance of
5 and act through the Agency for Workforce Innovation. The
6 agency is authorized and directed to provide such services as
7 Workforce Florida, Inc., and the agency deem necessary to
8 implement this section.
9 Section 15. Pilot grant program for youth
10 internships.--
11 (1) Subject to legislative appropriation, Workforce
12 Florida, Inc., shall establish a pilot matching grant program
13 that is designed to encourage high-technology businesses to
14 employ, train, and mentor financially needy youth through
15 internships completed under the direct supervision of the
16 eligible business. Under this program, Workforce Florida,
17 Inc., may award grants to an eligible business for the benefit
18 of a named eligible youth. Part of the purpose of the program
19 shall be to help financially needy youth acquire and develop
20 information technology skills in order to help close the
21 "digital divide."
22 (2) Grant funds awarded under this program shall be
23 used to supplement the stipend of the eligible youth and must
24 be matched by contributions from the eligible business. The
25 maximum grant amount that may be awarded on behalf of a single
26 eligible youth at one time is $2,000. Workforce Florida, Inc.,
27 may establish limitations on the total number of internship
28 grants that may be awarded to a single eligible business or
29 that may be awarded on behalf of a single eligible youth.
30 (3) An eligible business under this program includes
31 any sole proprietorship, firm, partnership, or corporation in
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1 this state that is in the information technology sector,
2 health technology sector, or other high-technology sector that
3 the board of directors of Workforce Florida, Inc., in
4 consultation with Enterprise Florida, Inc., determines is
5 strategically important to the economic development goals of
6 the state.
7 (4) An eligible youth under this program includes a
8 student between the ages of 15 and 18 who is currently
9 enrolled at a high school in Florida and who has not been
10 previously employed within the preceding 12 months by the
11 eligible business, or a successor business, applying for
12 matching funds under this program. The youth must be a member
13 of a family that includes a parent with one or more minor
14 children or a caretaker with one or more minor children and
15 that is at risk of welfare dependency because the family's
16 income does not exceed 200 percent of the federal poverty
17 level.
18 (5)(a) As part of an application for funding under
19 this program, an eligible business must submit an internship
20 work plan that describes:
21 1. The work to be performed by the eligible youth;
22 2. The anticipated number of hours per week the
23 eligible youth will work;
24 3. The total hourly stipend to be paid to eligible
25 youth, with a description of the portion of the stipend
26 proposed to be paid by the eligible business and the portion
27 of the stipend proposed to be paid by the state;
28 4. The anticipated term of the internship;
29 5. The training and supervision to be provided by the
30 eligible business, particularly in terms of skill development
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1 of the youth related to computers and other information
2 technologies;
3 6. The impact of the grant funds on the ability of the
4 eligible business to employ the eligible youth through the
5 internship; and
6 7. The prospects for unsubsidized employment of the
7 youth after the internship period concludes.
8 (b) An application for funding must also identify the
9 eligible youth to be hired under the internship and include
10 information to demonstrate that the eligible youth satisfies
11 the requirements of subsection (4).
12 (6) Workforce Florida, Inc., shall establish
13 guidelines governing the administration of this program which
14 facilitate access to the program by businesses and shall
15 establish criteria to be used in evaluating an application for
16 funding and the internship plan accompanying the application
17 as required under subsection (5). Such criteria must include,
18 but need not be limited to:
19 (a) The nature of the work to be performed by the
20 eligible youth;
21 (b) The potential experience and skills to be acquired
22 by the eligible youth, particularly related to computers and
23 other information technologies, as identified by Workforce
24 Florida, Inc., which may help address the digital divide;
25 (c) Whether the eligible business is classified in one
26 of the business sectors identified by Enterprise Florida,
27 Inc., as being strategically important to the economic
28 development efforts of the state or is classified in a
29 business sector identified as being strategically important to
30 the particular regional or local area in which the business is
31 located;
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1 (d) The supervision, training, and counseling to be
2 provided to the eligible youth as part of the internship;
3 (e) The demonstrated need of the eligible business and
4 the amount of matching funds to be provided by the eligible
5 business; and
6 (f) The extent to which the internship has potential
7 to result in permanent employment with the eligible business
8 at the completion of the internship or anytime thereafter.
9 (7) Before allocating funds for any grant application
10 under this program, Workforce Florida, Inc., shall execute a
11 simplified grant agreement with the eligible business. Such
12 agreement must include provisions for Workforce Florida, Inc.,
13 to have access to information about the performance of
14 eligible youth upon completion of the internship.
15 (8) Workforce Florida, Inc., shall ensure that any
16 forms or reports associated with this program which a business
17 or individual is required to complete are as concise and
18 simple to complete as practicable.
19 (9) Before the 2003 legislative session, Workforce
20 Florida, Inc., shall prepare a report describing the outcomes
21 of the pilot program authorized under this section. The report
22 must include a recommendation as to whether the Legislature
23 should continue to fund the program and on any changes
24 necessary to enhance the program. The report must be submitted
25 to the Governor, the President of the Senate, and the Speaker
26 of the House of Representatives by January 31, 2003.
27 (10) In fulfilling its responsibilities under this
28 section, Workforce Florida, Inc., may enlist the assistance of
29 and act through the Agency for Workforce Innovation. The
30 agency is authorized and directed to provide such services as
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1 Workforce Florida, Inc., and the agency deem necessary to
2 implement this section.
3 Section 16. Joint-Use Advanced Digital-Media Research
4 and Production Facilities.--
5 (1) The Legislature finds that developments in digital
6 media are having, and will continue to have, a profound effect
7 on the state, its people, and its businesses in areas
8 including, but not limited to, information technology,
9 simulation technology, and film and entertainment production
10 and distribution. The digital-media industry represents a
11 strategic economic development opportunity for the state to
12 become a global leader in this emerging and dynamic field. The
13 ability of the state to succeed in developing the
14 digital-media sector, however, depends upon having a workforce
15 with skills necessary to meet the demands of the industry. The
16 Legislature further finds that the convergence of media and
17 the collaboration of businesses and multi-disciplinary
18 academic research programs will enable this state to compete
19 more successfully with other digital-media innovation centers
20 around the country and around the world. Therefore, it is the
21 intent of the Legislature to support the establishment and
22 maintenance of joint-use advanced digital-media research and
23 production facilities in the state to provide regional focal
24 points for collaboration between research and education
25 programs and digital-media industries.
26 (2) Subject to legislative appropriation, the Office
27 of Tourism, Trade, and Economic Development is authorized to
28 create and administer a program to facilitate the
29 establishment and maintenance of joint-use advanced
30 digital-media research and production facilities at strategic
31 locations around the state. The office shall administer all
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1 facets of this program in cooperation and consultation with
2 the Office of the Film Commissioner; Enterprise Florida, Inc.;
3 Workforce Florida, Inc.; the Digital Media Education
4 Coordination Group of the State University System; and a
5 not-for-profit corporation that represents information
6 technology businesses throughout the state.
7 (3) The purposes of a joint-use advanced digital-media
8 research and production facility shall include:
9 (a) Creating opportunities for industry, academia, and
10 government to benefit from student and researcher involvement
11 in applied research and development projects and other
12 projects related to digital media.
13 (b) Promoting paths to future employment for students
14 participating in the activities of the facility.
15 (c) Contributing to the development of a skilled
16 workforce to support the needs of the digital-media industry.
17 (d) Facilitating the transfer of research results to
18 commercial and government applications.
19 (e) Integrating the efforts and activities of the
20 diverse, high-technology industries in the state that are
21 critical to the economic future of the state.
22 (f) Assisting producers, suppliers, and distributors
23 to make the transition from well-established passive media
24 infrastructure to a highly interactive and immersive media
25 infrastructure.
26 (g) Performing other functions or activities designed
27 to contribute to the success of the state in becoming a leader
28 in the digital-media industry, as approved by the Office of
29 Tourism, Trade, and Economic Development.
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1 (4) In carrying out its responsibilities under this
2 section, the Office of Tourism, Trade, and Economic
3 Development:
4 (a) Shall develop a strategic plan for how joint-use
5 advanced digital-media research and production facilities will
6 be governed and for how such facilities will be funded in the
7 long term. The office may contract for the preparation of the
8 strategic plan required by this paragraph.
9 (b) May contract for the establishment of joint-use
10 advanced digital-media research and production facilities. In
11 identifying, approving, and executing such contracts, the
12 office shall attempt to maximize the use and integration of
13 existing facilities and programs in the state that are
14 suitable for application as joint-use advanced digital-media
15 facilities. Funds awarded under such contracts may be used to
16 lease or refurbish existing facilities to create
17 state-of-the-art digital-media design, production, and
18 research laboratories that shall be shared by public and
19 private educational institutions and industry partners.
20 (c) Shall ensure that funds appropriated for the
21 program authorized in this section are expended in a manner
22 consistent with the priority needs for developing the
23 digital-media industry in this state, as identified by the
24 organizations listed in subsection (2).
25 (d) Shall require any entity or organization receiving
26 state funding under this section to match such funding with
27 non-state sources.
28 (e) Shall require any joint-use advanced digital-media
29 research and production facility receiving state funds to
30 submit for approval by the office a detailed plan for the
31 operation of such facility. Such operating plan must, at a
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1 minimum, include provisions for the establishment of a tenant
2 association, with representation by each tenant using the
3 facility, and for the collection of annual dues from tenants
4 to support the operation and maintenance of the facility.
5 (f) Shall require any joint-use advanced digital-media
6 research and production facility receiving state funding to
7 submit an annual report to the office by a date established by
8 the office. Upon receipt of such annual reports, the office
9 shall provide copies to the Governor, the President of the
10 Senate, and the Speaker of the House of Representatives.
11 (g) Shall establish guidelines and criteria governing
12 the application for and receipt of funds under this section.
13 (h) May, as part of the annual report on the business
14 climate of the state required under section 14.2015, Florida
15 Statutes, recommend to the Legislature policies designed to
16 enhance the effectiveness of the program for joint-use
17 advanced digital-media research and production facilities or
18 policies designed to otherwise promote the development of the
19 digital-media industry in the state.
20 (5) For the purposes of this section, the term
21 "digital media" is defined as a discipline based on the
22 creative convergence of art, science, and technology for human
23 expression, communication, and social interaction. The Office
24 of Tourism, Trade, and Economic Development, in cooperation
25 and consultation with the organizations identified in
26 subsection (2), shall identify specific types of businesses or
27 types of business activity to be included within the term
28 "digital media."
29 Section 17. The Office of Tourism, Trade, and Economic
30 Development, the Office of the Film Commissioner, and the
31 Digital Media Education Coordination Group shall jointly
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1 report to the President of the Senate and the Speaker of the
2 House of Representatives by December 1, 2001, on recommended
3 funding levels for the program to facilitate establishment and
4 maintenance of joint-use advanced digital-media research and
5 production facilities as authorized by this act. The report
6 must include options based on different funding levels and
7 information on the number and types of facilities that the
8 organizations estimate could be established under each funding
9 option. The report also must include an assessment of the
10 long-term costs associated with operating such facilities and
11 an assessment of non-state funding sources that could be
12 accessed to support establishment and maintenance of such
13 facilities.
14 Section 18. (1) In implementing the single, statewide
15 computer-assisted student advising system required under
16 section 240.2099, Florida Statutes, the Board of Regents and
17 the State Board of Community Colleges may:
18 (a) Perform all things necessary to secure letters of
19 patent, copyrights, and trademarks on any work products and
20 enforce their rights with respect thereto.
21 (b) Enter into binding agreements with organizations,
22 corporations, or government entities to license, lease,
23 assign, or otherwise give written consent to any person, firm,
24 corporation, or agency for the use of the single, statewide,
25 computer-assisted student advising system and collect
26 royalties or any other consideration that the boards find
27 proper.
28 (c) Sell or license any such work products and execute
29 all instruments necessary to consummate the sale or license.
30 (2) The Board of Regents and the State Board of
31 Community Colleges shall submit to the President of the Senate
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1 and the Speaker of the House of Representatives any agreement
2 relating to this section. The President and Speaker may review
3 the terms of the agreement and respond with comments for 30
4 days after receipt of an agreement; after that time, the
5 agreement is binding.
6 (3) All or a portion of the proceeds derived from
7 activities authorized under this section may be expended for
8 developing the next generation of on-line student services,
9 maintaining and operating the system, and acquiring statewide
10 licenses for related software. Proceeds in excess of that
11 necessary to support such expenditures may be deposited in the
12 State Treasury to support need-based student aid or to support
13 information technology infrastructure.
14 Section 19. The unexpended balance of funds from
15 section 38 of chapter 2000-164, Laws of Florida, authorized to
16 reimburse eligible companies for sales tax payments made on
17 equipment specifically associated with the creation of a
18 network access point, is reappropriated for Fiscal Year
19 2001-2002 to the Department of Revenue for reimbursement of
20 such sales tax payments as provided in section 212.08(5),
21 Florida Statutes.
22 Section 20. There is appropriated from the General
23 Revenue Fund to the Office of Tourism, Trade, and Economic
24 Development the sum of $100,000 in fiscal year 2001-2002 for
25 use by the Florida Research Consortium created under section
26 288.9522, Florida Statutes, for the purposes specified in such
27 section.
28 Section 21. There is appropriated from the Employment
29 Security Administration Trust Fund to the Agency for Workforce
30 Innovation the sum of $200,000 in fiscal year 2001-2002 for
31 use by Workforce Florida, Inc., in implementing the pilot
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1 matching grant program for youth internships as provided in
2 this act. The source of these funds is the Temporary
3 Assistance for Needy Families block grant.
4 Section 22. Except as otherwise provided, this act
5 shall take effect July 1, 2001.
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