House Bill hb1937c1

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    Florida House of Representatives - 2002             CS/HB 1937

        By the Fiscal Responsibility Council and Committee on
    Information Technology and Representatives Hart, Mack, Mealor,
    Gannon, Jennings, Ausley, Green, Littlefield, Harrell, Jordan,
    Benson, Hogan, Allen, Harper, Gelber, Holloway, Wiles,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to technology development;

  3         creating s. 240.72, F.S.; creating the "Florida

  4         Technology Development Act"; providing a

  5         definition; providing purposes and objectives

  6         of a center of excellence; creating the

  7         Emerging Technology Commission; providing for

  8         membership, powers, and duties of the

  9         commission; providing for the Florida Research

10         Consortium, Inc., to report to the commission

11         regarding factors contributing to the success

12         of the creation of a center of excellence;

13         requiring the commission to develop and approve

14         criteria for evaluating proposals related to

15         the creation of centers of excellence;

16         requiring the commission to solicit such

17         proposals from state universities; requiring

18         the commission to submit recommended plans to

19         the State Board of Education for establishing

20         centers of excellence in the state; requiring

21         the State Board of Education to develop and

22         approve a final plan for establishing centers

23         of excellence in the state and to authorize

24         expenditures for plan implementation; providing

25         commission reporting requirements; providing

26         for future repeal; providing an appropriation

27         for commission staff support and certain

28         administrative expenses; providing an effective

29         date.

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  1         WHEREAS, the commercialization of technologies

  2  developed in academic laboratories and research centers

  3  through the application of new innovations is critical for

  4  Florida to maintain a competitive economy, and

  5         WHEREAS, promoting high-technology industrial growth

  6  will further diversify and strengthen the Florida economy and

  7  complement industries already recognized as being critical to

  8  Florida's economic health, and

  9         WHEREAS, attracting leading scholars and researchers in

10  advanced and emerging technology disciplines to Florida's

11  universities is critical to building Florida's knowledge base,

12  and

13         WHEREAS, promoting collaboration among academic and

14  industrial researchers, scientists, and engineers is essential

15  to the process of commercializing knowledge gained through

16  applied research, and

17         WHEREAS, centers of excellence within, and in

18  collaboration with, the State University System would provide

19  an infrastructure for recruiting and retaining world-class

20  faculty, increasing the number of graduates in advanced and

21  emerging technology programs, increasing the amount of base

22  and applied research conducted in Florida, incubating new

23  companies, developing new educational and industrial

24  applications for such research, helping Florida's businesses

25  adopt emerging technologies, and developing a highly skilled,

26  high-wage workforce, NOW, THEREFORE,

27

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

29

30         Section 1.  Section 240.72, Florida Statutes, is

31  created to read:

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  1         240.72  The Florida Technology Development Act.--

  2         (1)  This section may be cited as the "Florida

  3  Technology Development Act."

  4         (2)  "Center of excellence," as used in this section,

  5  means an organization of personnel, facilities, and equipment

  6  established at or in collaboration with one or more

  7  universities in Florida to accomplish the purposes and

  8  objectives of this section.

  9         (3)  The purposes and objectives of a center of

10  excellence include:

11         (a)  Identifying and pursuing opportunities for

12  university scholars, research center scientists and engineers,

13  and private businesses to form collaborative partnerships to

14  foster and promote the research required to develop

15  commercially promising, advanced, and innovative technologies

16  and to transfer those technologies to commercial sectors.

17         (b)  Acquiring and leveraging public and private-sector

18  funding to provide the totality of funds, personnel,

19  facilities, equipment, and other resources needed to support

20  the research required to develop commercially promising,

21  advanced, and innovative technologies and to transfer those

22  technologies to commercial sectors.

23         (c)  Recruiting and retaining world-class scholars,

24  high-performing students, and leading scientists and engineers

25  in technology disciplines to engage in research in this state

26  to develop commercially promising, advanced, and innovative

27  technologies.

28         (d)  Enhancing and expanding technology curricula and

29  laboratory resources at universities and research centers in

30  this state.

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  1         (e)  Increasing the number of high-performing students

  2  in technology disciplines who graduate from universities in

  3  this state and pursue careers in this state.

  4         (f)  Stimulating and supporting the inception, growth,

  5  and diversification of technology-based businesses and

  6  ventures in Florida and increasing employment opportunities

  7  for the workforce needed to support such businesses.

  8         (4)  Subject to legislative appropriation, the Emerging

  9  Technology Commission is created within the Executive Office

10  of the Governor to guide the establishment of centers of

11  excellence.

12         (a)  The commission shall consist of five regular

13  members appointed by the Governor, one of whom the Governor

14  shall appoint as chair of the commission; two regular members

15  appointed by the President of the Senate; two regular members

16  appointed by the Speaker of the House of Representatives;

17  before January 7, 2003, the Secretary of Education as an ex

18  officio nonvoting member; effective January 7, 2003, the

19  Commissioner of Education as an ex officio nonvoting member;

20  and, as ex officio nonvoting members, the member of the Senate

21  and the member of the House of Representatives who serve as

22  members of the Florida Research Consortium, Inc. The regular

23  members shall be business leaders, industrial researchers,

24  academic researchers, scientists, or engineers who have been

25  recognized as leaders in the state's emerging and advanced

26  technology sectors. Regular members must be appointed on or

27  before July 1, 2002.

28         (b)  Members of the commission shall serve without

29  compensation but shall be entitled to receive per diem and

30  travel expenses in accordance with s. 112.061 while in

31  performance of their duties.

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  1         (c)  The Executive Office of the Governor shall provide

  2  staff support for the activities of the commission and per

  3  diem and travel expenses for commission members.

  4         (5)  The commission shall solicit from the Florida

  5  Research Consortium, Inc., a report detailing and prioritizing

  6  the factors that would contribute to the success of the

  7  creation of a center of excellence. Such report must be

  8  received by the commission by August 1, 2002. At a minimum,

  9  the commission shall seek from the Florida Research

10  Consortium, Inc., a detailed description and prioritization of

11  the following factors:

12         (a)  Maturity of existing university programs relating

13  to a proposed center of excellence.

14         (b)  Existing amount of university resources dedicated

15  to activities relating to a proposed center of excellence.

16         (c)  Comprehensiveness and effectiveness of site plans

17  relating to a proposed center of excellence.

18         (d)  Regional economic structure and climate.

19         (e)  The degree to which a university proposed to house

20  a center of excellence identifies and seizes opportunities to

21  collaborate with other public or private entities for research

22  purposes.

23         (f)  The presence of a comprehensive performance and

24  accountability measurement system.

25         (g)  The use of an integrated research and development

26  strategy utilizing multiple levels of the educational system.

27         (h)  The ability of a university proposed to house a

28  center of excellence to raise research funds and leverage

29  public and private investment dollars to support advanced and

30  emerging technological research and development projects.

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  1         (i)  The degree to which a university proposed to house

  2  a center of excellence transfers advanced and emerging

  3  technologies from its laboratories to the commercial sector.

  4         (j)  The degree to which a university proposed to house

  5  a center of excellence stimulates and supports new venture

  6  creation.

  7         (k)  The existence of a plan to enhance academic

  8  curricula by improving communication between academia and

  9  industry.

10         (l)  The existence of a plan to increase the number,

11  quality, and retention rate of faculty, graduate students, and

12  eminent scholars in advanced and emerging technology-based

13  disciplines.

14         (m)  The existence of a plan to increase the likelihood

15  of faculty, graduate students, and eminent scholars pursuing

16  private-sector careers in the state.

17         (n)  Ability to provide capital facilities necessary to

18  support research and development.

19         (6)  By September 15, 2002, the commission shall

20  develop and approve criteria for evaluating proposals

21  submitted under subsection (7). When developing such criteria,

22  the commission shall consider the report provided by the

23  Florida Research Consortium, Inc., under subsection (5) and

24  hold at least two public hearings, at times and locations

25  designated by the chair of the commission, for the purpose of

26  soliciting expert testimony relating to the factors set forth

27  in subsection (5). By October 1, 2002, the commission shall

28  provide a list of such criteria to each university in the

29  State University System, to the Florida Research Consortium,

30  Inc., and to the State Technology Office for publication on

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  1  the Internet within 24 hours after the office's receipt of the

  2  list.

  3         (7)  Concurrent with the provision of the list of

  4  criteria to the universities, the commission shall notify each

  5  university, in writing, of the opportunity to submit to the

  6  commission written proposals for establishing one or more

  7  centers of excellence. Proposals must specifically address the

  8  evaluation criteria developed by the commission and delineate

  9  how funding would be used to develop one or more centers of

10  excellence. Proposals must be submitted to the commission by

11  December 1, 2002. Notwithstanding this deadline, the

12  commission, upon an affirmative vote of a majority of its

13  members, may accept a proposal submitted after the deadline.

14         (8)  By February 1, 2003, the commission shall submit

15  to the State Board of Education a minimum of two, but no more

16  than five, recommended plans for the establishment of one or

17  more centers of excellence in the state. Recommended plans

18  must specifically address the evaluation criteria developed by

19  the commission and delineate how funding would be used to

20  develop one or more centers of excellence. When developing

21  such recommended plans, the commission shall consider the

22  university proposals submitted under subsection (7) and hold

23  at least three public hearings, at times and locations

24  designated by the chair of the commission, for the purpose of

25  soliciting expert testimony, including, but not limited to,

26  viewing presentations of university proposals.

27         (9)  By March 15, 2003, the State Board of Education

28  shall develop and approve a final plan for the establishment

29  of one or more centers of excellence in the state and shall

30  authorize the allocation and expenditure of appropriated and

31  available funds for implementation of the plan. When

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  1  developing this final plan, the board shall consider the

  2  commission's recommended plans submitted under subsection (8)

  3  and hold at least one public hearing for the purpose of

  4  soliciting expert testimony. The final plan must include

  5  performance and accountability measures that can be used to

  6  assess the progress of plan implementation and the success of

  7  the centers of excellence established under the final plan. By

  8  March 22, 2003, the board shall provide a copy of the final

  9  plan to the Governor, the President of the Senate, and the

10  Speaker of the House of Representatives.

11         (10)  Beginning June 30, 2003, the commission shall

12  report quarterly, in writing, to the Commissioner of Education

13  on the progress of the implementation of the final plan

14  approved under subsection (9) and the success of the centers

15  of excellence established under that plan.

16         (11)  This section is repealed July 1, 2004.

17         Section 2.  The sum of $50,000 in nonrecurring funds is

18  appropriated from the General Revenue Fund to the Executive

19  Office of the Governor for the 2002-2003 fiscal year for the

20  purposes of providing administrative and support services to

21  the Emerging Technology Commission and per diem and travel

22  expenses for commission members. The the sum of $30 million in

23  nonrecurring funds is appropriated from the Educational

24  Enhancement Trust Fund to the Executive Office of the Governor

25  for the 2002-2003 fiscal year for the other purposes of the

26  act.

27         Section 3.  This act shall take effect upon becoming a

28  law.

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                         ADDITIONAL SPONSORS
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  4  Kendrick, Gottlieb, Bilirakis, Carassas, Kyle, Haridopolos,

  5  Paul and Bense

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