House Bill hb1937e1

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                                       CS/HB 1937, First Engrossed



  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; amending s. 240.2605, F.S.;

27         creating an account within the Trust Fund for

28         Major Gifts for the deposit of funds

29         appropriated as state match for qualified sales

30         tax exemptions which are pledged by certified

31         business to support eligible programs in the


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                                       CS/HB 1937, First Engrossed



  1         state universities pursuant to s. 212.08(5)(j),

  2         F.S.; providing an appropriation for commission

  3         staff support and certain administrative

  4         expenses; providing an effective date.

  5

  6         WHEREAS, the commercialization of technologies

  7  developed in academic laboratories and research centers

  8  through the application of new innovations is critical for

  9  Florida to maintain a competitive economy, and

10         WHEREAS, promoting high-technology industrial growth

11  will further diversify and strengthen the Florida economy and

12  complement industries already recognized as being critical to

13  Florida's economic health, and

14         WHEREAS, attracting leading scholars and researchers in

15  advanced and emerging technology disciplines to Florida's

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

17  and

18         WHEREAS, promoting collaboration among academic and

19  industrial researchers, scientists, and engineers is essential

20  to the process of commercializing knowledge gained through

21  applied research, and

22         WHEREAS, centers of excellence within, and in

23  collaboration with, the State University System would provide

24  an infrastructure for recruiting and retaining world-class

25  faculty, increasing the number of graduates in advanced and

26  emerging technology programs, increasing the amount of base

27  and applied research conducted in Florida, incubating new

28  companies, developing new educational and industrial

29  applications for such research, helping Florida's businesses

30  adopt emerging technologies, and developing a highly skilled,

31  high-wage workforce, NOW, THEREFORE,


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                                       CS/HB 1937, First Engrossed



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

  2

  3         Section 1.  Section 240.72, Florida Statutes, is

  4  created to read:

  5         240.72  The Florida Technology Development Act.--

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

  7  Technology Development Act."

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

  9  means an organization of personnel, facilities, and equipment

10  established at or in collaboration with one or more

11  universities in Florida to accomplish the purposes and

12  objectives of this section.

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

14  excellence include:

15         (a)  Identifying and pursuing opportunities for

16  university scholars, research center scientists and engineers,

17  and private businesses to form collaborative partnerships to

18  foster and promote the research required to develop

19  commercially promising, advanced, and innovative technologies

20  and to transfer those technologies to commercial sectors.

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

22  funding to provide the totality of funds, personnel,

23  facilities, equipment, and other resources needed to support

24  the research required to develop commercially promising,

25  advanced, and innovative technologies and to transfer those

26  technologies to commercial sectors.

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

28  high-performing students, and leading scientists and engineers

29  in technology disciplines to engage in research in this state

30  to develop commercially promising, advanced, and innovative

31  technologies.


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                                       CS/HB 1937, First Engrossed



  1         (d)  Enhancing and expanding technology curricula and

  2  laboratory resources at universities and research centers in

  3  this state.

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

  5  in technology disciplines who graduate from universities in

  6  this state and pursue careers in this state.

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

  8  and diversification of technology-based businesses and

  9  ventures in Florida and increasing employment opportunities

10  for the workforce needed to support such businesses.

11         (4)  Subject to legislative appropriation, the Emerging

12  Technology Commission is created within the Executive Office

13  of the Governor to guide the establishment of centers of

14  excellence.

15         (a)  The commission shall consist of five regular

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

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

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

19  appointed by the Speaker of the House of Representatives;

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

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

22  Commissioner of Education as an ex officio nonvoting member;

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

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

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

26  members shall be business leaders, industrial researchers,

27  academic researchers, scientists, or engineers who have been

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

29  technology sectors. Regular members must be appointed on or

30  before July 1, 2002.

31


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                                       CS/HB 1937, First Engrossed



  1         (b)  Members of the commission shall serve without

  2  compensation but shall be entitled to receive per diem and

  3  travel expenses in accordance with s. 112.061 while in

  4  performance of their duties.

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

  6  staff support for the activities of the commission and per

  7  diem and travel expenses for commission members.

  8         (5)  The commission shall solicit from the Florida

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

10  the factors that would contribute to the success of the

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

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

13  the commission shall seek from the Florida Research

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

15  the following factors:

16         (a)  Maturity of existing university programs relating

17  to a proposed center of excellence.

18         (b)  Existing amount of university resources dedicated

19  to activities relating to a proposed center of excellence.

20         (c)  Comprehensiveness and effectiveness of site plans

21  relating to a proposed center of excellence.

22         (d)  Regional economic structure and climate.

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

24  a center of excellence identifies and seizes opportunities to

25  collaborate with other public or private entities for research

26  purposes.

27         (f)  The presence of a comprehensive performance and

28  accountability measurement system.

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

30  strategy utilizing multiple levels of the educational system.

31


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                                       CS/HB 1937, First Engrossed



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

  2  center of excellence to raise research funds and leverage

  3  public and private investment dollars to support advanced and

  4  emerging technological research and development projects.

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

  6  a center of excellence transfers advanced and emerging

  7  technologies from its laboratories to the commercial sector.

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

  9  a center of excellence stimulates and supports new venture

10  creation.

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

12  curricula by improving communication between academia and

13  industry.

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

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

16  eminent scholars in advanced and emerging technology-based

17  disciplines.

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

19  of faculty, graduate students, and eminent scholars pursuing

20  private-sector careers in the state.

21         (n)  Ability to provide capital facilities necessary to

22  support research and development.

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

24  develop and approve criteria for evaluating proposals

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

26  the commission shall consider the report provided by the

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

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

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

30  soliciting expert testimony relating to the factors set forth

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


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                                       CS/HB 1937, First Engrossed



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

  2  State University System, to the Florida Research Consortium,

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

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

  5  list.

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

  7  criteria to the universities, the commission shall notify each

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

  9  commission written proposals for establishing one or more

10  centers of excellence. Proposals must specifically address the

11  evaluation criteria developed by the commission and delineate

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

13  excellence. Proposals must be submitted to the commission by

14  December 1, 2002. Notwithstanding this deadline, the

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

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

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

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

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

20  more centers of excellence in the state. Recommended plans

21  must specifically address the evaluation criteria developed by

22  the commission and delineate how funding would be used to

23  develop one or more centers of excellence. When developing

24  such recommended plans, the commission shall consider the

25  university proposals submitted under subsection (7) and hold

26  at least three public hearings, at times and locations

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

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

29  viewing presentations of university proposals.

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

31  shall develop and approve a final plan for the establishment


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                                       CS/HB 1937, First Engrossed



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

  2  authorize the allocation and expenditure of appropriated and

  3  available funds for implementation of the plan. When

  4  developing this final plan, the board shall consider the

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

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

  7  soliciting expert testimony. The final plan must include

  8  performance and accountability measures that can be used to

  9  assess the progress of plan implementation and the success of

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

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

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

13  Speaker of the House of Representatives.

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

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

16  on the progress of the implementation of the final plan

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

18  of excellence established under that plan.

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

20         Section 2.  Subsection (1) of Section 240.2605, Florida

21  Statutes, is amended to read:

22         240.2605  Trust Fund for Major Gifts.--

23         (1)  There is established a Trust Fund for Major Gifts.

24  The purpose of the trust fund is to enable the Board of

25  Regents Foundation, each university, and New College to

26  provide donors with an incentive in the form of matching

27  grants for donations for the establishment of permanent

28  endowments and sales tax exemption matching funds received

29  pursuant to s. 212.08(5)(j) , which must be invested, with the

30  proceeds of the investment used to support libraries and

31  instruction and research programs, as defined by procedure of


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                                       CS/HB 1937, First Engrossed



  1  the Board of Regents. All funds appropriated for the challenge

  2  grants, new donors, major gifts, sales tax exemption matching

  3  funds pursuant to s.212.05(5)(j),  or eminent scholars program

  4  must be deposited into the trust fund and invested pursuant to

  5  s. 18.125 until the Board of Regents allocates the funds to

  6  universities to match private donations. Notwithstanding s.

  7  216.301 and pursuant to s. 216.351, any undisbursed balance

  8  remaining in the trust fund and interest income accruing to

  9  the portion of the trust fund which is not matched and

10  distributed to universities must remain in the trust fund and

11  be used to increase the total funds available for challenge

12  grants.  Funds deposited to the trust fund for the sales tax

13  exemption matching program authorized in s.212.08(5)(j), and

14  interest earnings thereon, shall be maintained in a separate

15  account within the Trust Fund for Major Gifts, and may only be

16  used to match qualified sales tax exemptions which are pledged

17  by certified businesses to support eligible programs at state

18  universities. The Board of Regents may authorize any

19  university to encumber the state matching portion of a

20  challenge grant from funds available under s. 240.272.

21         Section 3.  The sum of $50,000 in nonrecurring funds is

22  appropriated from the General Revenue Fund to the Executive

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

24  purposes of providing administrative and support services to

25  the Emerging Technology Commission and per diem and travel

26  expenses for Commission members.  The sum of $50 million in

27  non-recurring General Revenue funds is appropriated to the

28  Executive Office of the Governor for the 2002-2003 fiscal year

29  for the other purposes of this act.

30         Section 4.  This act shall take effect upon becoming a

31  law.


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