| 1 | A bill to be entitled |
| 2 | An act relating to centers of excellence; amending s. |
| 3 | 1004.225, F.S.; deleting obsolete provisions; providing |
| 4 | for terms of members appointed to the Emerging Technology |
| 5 | Commission; providing for filling any vacancy that occurs |
| 6 | during the term of a member of the commission; delaying |
| 7 | the expiration of the Florida Technology Development Act; |
| 8 | requiring Florida Research Consortium, Inc., to report to |
| 9 | the Emerging Technology Commission within a specified |
| 10 | timeframe with respect to criteria for reviewing proposals |
| 11 | for a center of excellence; requiring the commission to |
| 12 | notify state universities and the State Technology Office |
| 13 | of approved criteria for submitting a proposal for a |
| 14 | center of excellence by a specified date; requiring the |
| 15 | Emerging Technology Commission to submit, by a specified |
| 16 | date, a recommended plan to the State Board of Education |
| 17 | for establishing or expanding one or more centers of |
| 18 | excellence; providing a timeframe for the State Board of |
| 19 | Education to approve a final plan and report to the |
| 20 | Governor and the Legislature; providing appropriations; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 1004.225, Florida Statutes, is amended |
| 26 | to read: |
| 27 | 1004.225 Florida Technology Development Act.-- |
| 28 | (1) This section may be cited as the "Florida Technology |
| 29 | Development Act." |
| 30 | (2) The term "center of excellence," as used in this |
| 31 | section, means an organization of personnel, facilities, and |
| 32 | equipment established at or in collaboration with one or more |
| 33 | universities in Florida to accomplish the purposes and |
| 34 | objectives of this section. The purposes and objectives of a |
| 35 | center of excellence include: |
| 36 | (a) Identifying and pursuing opportunities for university |
| 37 | scholars, research center scientists and engineers, and private |
| 38 | businesses to form collaborative partnerships to foster and |
| 39 | promote the research required to develop commercially promising, |
| 40 | advanced, and innovative technologies and to transfer those |
| 41 | technologies to commercial sectors. |
| 42 | (b) Acquiring and leveraging public and private sector |
| 43 | funding to provide the totality of funds, personnel, facilities, |
| 44 | equipment, and other resources needed to support the research |
| 45 | required to develop commercially promising, advanced, and |
| 46 | innovative technologies and to transfer those technologies to |
| 47 | commercial sectors. |
| 48 | (c) Recruiting and retaining world class scholars, high- |
| 49 | performing students, and leading scientists and engineers in |
| 50 | technology disciplines to engage in research in this state to |
| 51 | develop commercially promising, advanced, and innovative |
| 52 | technologies. |
| 53 | (d) Enhancing and expanding technology curricula and |
| 54 | laboratory resources at universities and research centers in |
| 55 | this state. |
| 56 | (e) Increasing the number of high-performing students in |
| 57 | technology disciplines who graduate from universities in this |
| 58 | state and pursue careers in this state. |
| 59 | (f) Stimulating and supporting the inception, growth, and |
| 60 | diversification of technology-based businesses and ventures in |
| 61 | Florida and increasing employment opportunities for the |
| 62 | workforce needed to support such businesses. |
| 63 | (3) Subject to legislative appropriation, The Emerging |
| 64 | Technology Commission, or "commission," is created within the |
| 65 | Executive Office of the Governor to guide the establishment of |
| 66 | centers of excellence. |
| 67 | (a) The commission shall consist of five regular members |
| 68 | appointed by the Governor, one of whom the Governor shall |
| 69 | appoint as chair of the commission; two regular members |
| 70 | appointed by the President of the Senate; two regular members |
| 71 | appointed by the Speaker of the House of Representatives; before |
| 72 | January 7, 2003, the Secretary of Education as an ex officio |
| 73 | nonvoting member; effective January 7, 2003, the Commissioner of |
| 74 | Education as an ex officio nonvoting member; and, as ex officio |
| 75 | nonvoting members, the member of the Senate and the member of |
| 76 | the House of Representatives who serve as members of the Florida |
| 77 | Research Consortium, Inc. The regular members shall be business |
| 78 | leaders, industrial researchers, academic researchers, |
| 79 | scientists, or engineers who have been recognized as leaders in |
| 80 | the state's emerging and advanced technology sectors. A regular |
| 81 | member of the commission may not serve for more than 4 years. |
| 82 | Any vacancy that occurs during the term of a regular member of |
| 83 | the commission shall be filled in the same manner as the |
| 84 | original appointment. Regular members must be appointed on or |
| 85 | before July 1, 2002. |
| 86 | (b) Members of the commission shall serve without |
| 87 | compensation but shall be entitled to receive per diem and |
| 88 | travel expenses in accordance with s. 112.061 while in |
| 89 | performance of their duties. |
| 90 | (c) The Executive Office of the Governor shall provide |
| 91 | staff support for the activities of the commission and per diem |
| 92 | and travel expenses for commission members. |
| 93 | (4) By August 1, 2002, Florida Research Consortium, Inc., |
| 94 | shall provide a report to the commission which describes in |
| 95 | detail and prioritizes factors that contribute to the success of |
| 96 | the creation of centers of excellence. At a minimum, the report |
| 97 | should describe and prioritize the following factors: |
| 98 | (a) Maturity of existing university programs relating to a |
| 99 | proposed center of excellence. |
| 100 | (b) Existing amount of university resources dedicated to |
| 101 | activities relating to a proposed center of excellence. |
| 102 | (c) Comprehensiveness and effectiveness of site plans |
| 103 | relating to a proposed center of excellence. |
| 104 | (d) Regional economic structure and climate. |
| 105 | (e) The degree to which a university proposed to house a |
| 106 | center of excellence identifies and seizes opportunities to |
| 107 | collaborate with other public or private entities for research |
| 108 | purposes. |
| 109 | (f) The presence of a comprehensive performance and |
| 110 | accountability measurement system. |
| 111 | (g) The use of an integrated research and development |
| 112 | strategy utilizing multiple levels of the educational system. |
| 113 | (h) The ability of a university proposed to house a center |
| 114 | of excellence to raise research funds and leverage public and |
| 115 | private investment dollars to support advanced and emerging |
| 116 | technological research and development projects. |
| 117 | (i) The degree to which a university proposed to house a |
| 118 | center of excellence transfers advanced and emerging |
| 119 | technologies from its laboratories to the commercial sector. |
| 120 | (j) The degree to which a university proposed to house a |
| 121 | center of excellence stimulates and supports new venture |
| 122 | creation. |
| 123 | (k) The existence of a plan to enhance academic curricula |
| 124 | by improving communication between academia and industry. |
| 125 | (l) The existence of a plan to increase the number, |
| 126 | quality, and retention rate of faculty, graduate students, and |
| 127 | eminent scholars in advanced and emerging technology-based |
| 128 | disciplines. |
| 129 | (m) The existence of a plan to increase the likelihood of |
| 130 | faculty, graduate students, and eminent scholars pursuing |
| 131 | private sector careers in the state. |
| 132 | (n) Ability to provide capital facilities necessary to |
| 133 | support research and development. |
| 134 | (5) By September 15, 2002, The commission shall develop |
| 135 | and approve criteria for evaluating proposals submitted under |
| 136 | this section subsection (6). When developing such criteria, the |
| 137 | commission shall consider the report provided by Florida |
| 138 | Research Consortium, Inc., under subsection (4) and hold at |
| 139 | least two public hearings, at times and locations designated by |
| 140 | the chair of the commission, for the purpose of soliciting |
| 141 | expert testimony. By October 1, 2002, The commission shall |
| 142 | provide a list of such criteria to each university in the State |
| 143 | University System and to the State Technology Office for |
| 144 | publishing on the Internet within 24 hours after the office's |
| 145 | receipt of the list. |
| 146 | (6) Concurrent with the provision of the list of criteria |
| 147 | to the universities, the commission shall notify each |
| 148 | university, in writing, of the opportunity to submit to the |
| 149 | commission written proposals for establishing one or more |
| 150 | centers of excellence. Proposals must specifically address the |
| 151 | evaluation criteria developed by the commission and delineate |
| 152 | how funding would be used to develop one or more centers of |
| 153 | excellence. Proposals must be submitted to the commission by |
| 154 | December 1, 2002. Notwithstanding this deadline, the commission, |
| 155 | upon an affirmative vote of a majority of its members, may |
| 156 | accept a proposal submitted after the deadline. |
| 157 | (7) By February 1, 2003, The commission shall submit to |
| 158 | the State Board of Education a minimum of two, but no more than |
| 159 | five, recommended plans for the establishment of one or more |
| 160 | centers of excellence in the state. Recommended plans must |
| 161 | specifically address the evaluation criteria developed by the |
| 162 | commission and delineate how funding would be used to develop |
| 163 | one or more centers of excellence. When developing such |
| 164 | recommended plans, the commission shall consider the university |
| 165 | proposals submitted under subsection (6) and hold at least three |
| 166 | public hearings, at times and locations designated by the chair |
| 167 | of the commission, for the purpose of soliciting expert |
| 168 | testimony including, but not limited to, viewing presentations |
| 169 | of university proposals. |
| 170 | (8) By March 15, 2003, The State Board of Education shall |
| 171 | develop and approve a final plan for the establishment of one or |
| 172 | more centers of excellence in the state and authorize |
| 173 | expenditures for implementation of the plan. The final plan must |
| 174 | allocate at least $10 million to each center of excellence |
| 175 | established by the plan. When developing this final plan, the |
| 176 | board shall consider the commission's recommended plans |
| 177 | submitted under subsection (7) and hold at least one public |
| 178 | hearing for the purpose of soliciting expert testimony. The |
| 179 | final plan must include performance and accountability measures |
| 180 | that can be used to assess the progress of plan implementation |
| 181 | and the success of the centers of excellence established under |
| 182 | the final plan. By March 22, 2003, The board shall provide a |
| 183 | copy of the final plan to the Governor, the President of the |
| 184 | Senate, and the Speaker of the House of Representatives. |
| 185 | (9) Beginning June 30, 2003, The commission shall report |
| 186 | quarterly, in writing, to the Commissioner of Education on the |
| 187 | progress of the implementation of the final plan approved under |
| 188 | subsection (8) and the success of the centers of excellence |
| 189 | established under that plan. |
| 190 | (10) This section expires June 30, 2006 July 1, 2004. |
| 191 | Section 2. Notwithstanding any provision of law to the |
| 192 | contrary, and subject to a specific appropriation by the |
| 193 | Legislature for fiscal year 2004-2005, the State Board of |
| 194 | Education shall provide for the establishment or expansion of |
| 195 | one or more centers of excellence in this state, as defined |
| 196 | under section 1004.225, Florida Statutes, in the manner and |
| 197 | using the timeframes prescribed in this section. |
| 198 | (1)(a) Florida Research Consortium, Inc., shall review the |
| 199 | report submitted to the Emerging Technology Commission under |
| 200 | section 1004.225, Florida Statutes, and revise the factors |
| 201 | contributing to the success of a center of excellence as the |
| 202 | consortium considers necessary. |
| 203 | 1. In reviewing the report and revising the factors, the |
| 204 | consortium shall, at a minimum, consider activities and progress |
| 205 | related to the establishment of the centers of excellence |
| 206 | designated under section 1004.225, Florida Statutes. |
| 207 | 2. The consortium also shall ensure that the report |
| 208 | addresses factors contributing to the success of an expansion of |
| 209 | a center of excellence designated under section 1004.225, |
| 210 | Florida Statutes. |
| 211 | (b) By August 1, 2004, the consortium shall submit a |
| 212 | revised report to the commission. |
| 213 | (2)(a) By September 1, 2004, the Emerging Technology |
| 214 | Commission shall approve criteria for evaluating proposals for |
| 215 | establishing or expanding one or more centers of excellence |
| 216 | under this section. The commission shall consider the criteria |
| 217 | developed under section 1004.225, Florida Statutes, and the |
| 218 | revised report submitted by Florida Research Consortium, Inc., |
| 219 | under subsection (1). The commission shall hold at least one |
| 220 | public hearing, at a time and location designated by the chair |
| 221 | of the commission, for the purpose of receiving expert testimony |
| 222 | on the evaluation criteria. |
| 223 | (b) By September 15, 2004, the commission shall provide a |
| 224 | list of the approved criteria to each university in the state |
| 225 | and to the State Technology Office for publishing on the |
| 226 | Internet within 24 hours after the office's receipt of the list. |
| 227 | (3)(a) Concurrent with the provision of the list of |
| 228 | criteria under subsection (2), the Emerging Technology |
| 229 | Commission shall notify each university in the state, in |
| 230 | writing, of the opportunity to submit to the commission a |
| 231 | written proposal for establishing a center of excellence under |
| 232 | this section or expanding a center of excellence designated |
| 233 | under section 1004.225, Florida Statutes. This section does not |
| 234 | prevent a university that is the site of a center of excellence |
| 235 | designated under section 1004.225, Florida Statutes, from |
| 236 | submitting a proposal to establish a new center of excellence or |
| 237 | to expand the existing center of excellence designated under |
| 238 | that section. |
| 239 | (b) A proposal from a university must be submitted to the |
| 240 | commission before November 1, 2004. |
| 241 | (c) A proposal must specifically address the evaluation |
| 242 | criteria developed by the commission and specify how funding |
| 243 | would be used to establish or expand a center of excellence. |
| 244 | (4) By January 1, 2005, the Emerging Technology Commission |
| 245 | shall submit to the State Board of Education a recommended plan |
| 246 | for establishing or expanding one or more centers of excellence |
| 247 | under this section. The recommended plan must specifically |
| 248 | address the evaluation criteria developed by the commission and |
| 249 | specify how funding would be used to establish or expand each |
| 250 | center of excellence. When developing the recommended plan, the |
| 251 | commission shall consider the proposals submitted under this |
| 252 | section and hold at least two public hearings, at times and |
| 253 | locations designated by the chair of the commission, for the |
| 254 | purpose of receiving expert testimony, including, but not |
| 255 | limited to, viewing presentations of university proposals. |
| 256 | (5)(a) By February 15, 2005, the State Board of Education |
| 257 | shall develop and approve a final plan for establishing or |
| 258 | expanding one or more centers of excellence under this section |
| 259 | and shall authorize expenditures for implementing the plan. |
| 260 | (b) The plan may provide for: |
| 261 | 1. Designating one or more centers of excellence, which |
| 262 | shall be in addition to any centers of excellence designated |
| 263 | under section 1004.225, Florida Statutes; |
| 264 | 2. Expanding one or more of the centers of excellence |
| 265 | designated under section 1004.225, Florida Statutes; or |
| 266 | 3. Designating one or more new centers of excellence and |
| 267 | expanding one or more of the centers of excellence designated |
| 268 | under section 1004.225, Florida Statutes. |
| 269 | (c) The final plan must include performance and |
| 270 | accountability measures that can be used to assess the progress |
| 271 | of plan implementation and the success of each center of |
| 272 | excellence that receives funding under the final plan. By March |
| 273 | 1, 2005, the State Board of Education shall provide a copy of |
| 274 | the final plan to the Governor, the President of the Senate, and |
| 275 | the Speaker of the House of Representatives. |
| 276 | (6) Beginning July 1, 2005, the Emerging Technology |
| 277 | Commission, as part of the report submitted under section |
| 278 | 1004.225(9), Florida Statutes, shall report quarterly, in |
| 279 | writing, to the Commissioner of Education on the progress in |
| 280 | implementing the final plan approved under subsection (5) and |
| 281 | the success of each center of excellence that receives funding |
| 282 | under that plan. |
| 283 | Section 3. The sum of $50,000 is appropriated from the |
| 284 | General Revenue Fund to the Executive Office of the Governor for |
| 285 | the purpose of providing staff and administrative support to the |
| 286 | Emerging Technology Commission, created under section 1004.225, |
| 287 | Florida Statutes, and per diem and travel expenses for |
| 288 | commission members during the 2004-2005 fiscal year. |
| 289 | Section 4. The sum of $100 million is appropriated from |
| 290 | the General Revenue Fund to the Department of Education during |
| 291 | the 2004-2005 fiscal year for the purpose of establishing one or |
| 292 | more additional centers of excellence or expanding one or more |
| 293 | existing centers of excellence as provided in this act. The |
| 294 | final plan approved by the State Board of Education for the |
| 295 | establishment or expansion of one or more centers of excellence |
| 296 | must allocate at least $10 million to each center of excellence |
| 297 | established or expanded under the plan. |
| 298 | Section 5. This act shall take effect upon becoming a law. |