HB 1019

1
A bill to be entitled
2An act relating to centers of excellence; amending s.
31004.225, F.S.; deleting obsolete provisions; providing
4for terms of members appointed to the Emerging Technology
5Commission; providing for filling any vacancy that occurs
6during the term of a member of the commission; delaying
7the expiration of the Florida Technology Development Act;
8requiring Florida Research Consortium, Inc., to report to
9the Emerging Technology Commission within a specified
10timeframe with respect to criteria for reviewing proposals
11for a center of excellence; requiring the commission to
12notify state universities and the State Technology Office
13of approved criteria for submitting a proposal for a
14center of excellence by a specified date; requiring the
15Emerging Technology Commission to submit, by a specified
16date, a recommended plan to the State Board of Education
17for establishing or expanding one or more centers of
18excellence; providing a timeframe for the State Board of
19Education to approve a final plan and report to the
20Governor and the Legislature; providing appropriations;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 1004.225, Florida Statutes, is amended
26to read:
27     1004.225  Florida Technology Development Act.--
28     (1)  This section may be cited as the "Florida Technology
29Development Act."
30     (2)  The term "center of excellence," as used in this
31section, means an organization of personnel, facilities, and
32equipment established at or in collaboration with one or more
33universities in Florida to accomplish the purposes and
34objectives of this section. The purposes and objectives of a
35center of excellence include:
36     (a)  Identifying and pursuing opportunities for university
37scholars, research center scientists and engineers, and private
38businesses to form collaborative partnerships to foster and
39promote the research required to develop commercially promising,
40advanced, and innovative technologies and to transfer those
41technologies to commercial sectors.
42     (b)  Acquiring and leveraging public and private sector
43funding to provide the totality of funds, personnel, facilities,
44equipment, and other resources needed to support the research
45required to develop commercially promising, advanced, and
46innovative technologies and to transfer those technologies to
47commercial sectors.
48     (c)  Recruiting and retaining world class scholars, high-
49performing students, and leading scientists and engineers in
50technology disciplines to engage in research in this state to
51develop commercially promising, advanced, and innovative
52technologies.
53     (d)  Enhancing and expanding technology curricula and
54laboratory resources at universities and research centers in
55this state.
56     (e)  Increasing the number of high-performing students in
57technology disciplines who graduate from universities in this
58state and pursue careers in this state.
59     (f)  Stimulating and supporting the inception, growth, and
60diversification of technology-based businesses and ventures in
61Florida and increasing employment opportunities for the
62workforce needed to support such businesses.
63     (3)  Subject to legislative appropriation, The Emerging
64Technology Commission, or "commission," is created within the
65Executive Office of the Governor to guide the establishment of
66centers of excellence.
67     (a)  The commission shall consist of five regular members
68appointed by the Governor, one of whom the Governor shall
69appoint as chair of the commission; two regular members
70appointed by the President of the Senate; two regular members
71appointed by the Speaker of the House of Representatives; before
72January 7, 2003, the Secretary of Education as an ex officio
73nonvoting member; effective January 7, 2003, the Commissioner of
74Education as an ex officio nonvoting member; and, as ex officio
75nonvoting members, the member of the Senate and the member of
76the House of Representatives who serve as members of the Florida
77Research Consortium, Inc. The regular members shall be business
78leaders, industrial researchers, academic researchers,
79scientists, or engineers who have been recognized as leaders in
80the state's emerging and advanced technology sectors. A regular
81member of the commission may not serve for more than 4 years.
82Any vacancy that occurs during the term of a regular member of
83the commission shall be filled in the same manner as the
84original appointment. Regular members must be appointed on or
85before July 1, 2002.
86     (b)  Members of the commission shall serve without
87compensation but shall be entitled to receive per diem and
88travel expenses in accordance with s. 112.061 while in
89performance of their duties.
90     (c)  The Executive Office of the Governor shall provide
91staff support for the activities of the commission and per diem
92and travel expenses for commission members.
93     (4)  By August 1, 2002, Florida Research Consortium, Inc.,
94shall provide a report to the commission which describes in
95detail and prioritizes factors that contribute to the success of
96the creation of centers of excellence. At a minimum, the report
97should describe and prioritize the following factors:
98     (a)  Maturity of existing university programs relating to a
99proposed center of excellence.
100     (b)  Existing amount of university resources dedicated to
101activities relating to a proposed center of excellence.
102     (c)  Comprehensiveness and effectiveness of site plans
103relating 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
106center of excellence identifies and seizes opportunities to
107collaborate with other public or private entities for research
108purposes.
109     (f)  The presence of a comprehensive performance and
110accountability measurement system.
111     (g)  The use of an integrated research and development
112strategy utilizing multiple levels of the educational system.
113     (h)  The ability of a university proposed to house a center
114of excellence to raise research funds and leverage public and
115private investment dollars to support advanced and emerging
116technological research and development projects.
117     (i)  The degree to which a university proposed to house a
118center of excellence transfers advanced and emerging
119technologies from its laboratories to the commercial sector.
120     (j)  The degree to which a university proposed to house a
121center of excellence stimulates and supports new venture
122creation.
123     (k)  The existence of a plan to enhance academic curricula
124by improving communication between academia and industry.
125     (l)  The existence of a plan to increase the number,
126quality, and retention rate of faculty, graduate students, and
127eminent scholars in advanced and emerging technology-based
128disciplines.
129     (m)  The existence of a plan to increase the likelihood of
130faculty, graduate students, and eminent scholars pursuing
131private sector careers in the state.
132     (n)  Ability to provide capital facilities necessary to
133support research and development.
134     (5)  By September 15, 2002, The commission shall develop
135and approve criteria for evaluating proposals submitted under
136this section subsection (6). When developing such criteria, the
137commission shall consider the report provided by Florida
138Research Consortium, Inc., under subsection (4) and hold at
139least two public hearings, at times and locations designated by
140the chair of the commission, for the purpose of soliciting
141expert testimony. By October 1, 2002, The commission shall
142provide a list of such criteria to each university in the State
143University System and to the State Technology Office for
144publishing on the Internet within 24 hours after the office's
145receipt of the list.
146     (6)  Concurrent with the provision of the list of criteria
147to the universities, the commission shall notify each
148university, in writing, of the opportunity to submit to the
149commission written proposals for establishing one or more
150centers of excellence. Proposals must specifically address the
151evaluation criteria developed by the commission and delineate
152how funding would be used to develop one or more centers of
153excellence. Proposals must be submitted to the commission by
154December 1, 2002. Notwithstanding this deadline, the commission,
155upon an affirmative vote of a majority of its members, may
156accept a proposal submitted after the deadline.
157     (7)  By February 1, 2003, The commission shall submit to
158the State Board of Education a minimum of two, but no more than
159five, recommended plans for the establishment of one or more
160centers of excellence in the state. Recommended plans must
161specifically address the evaluation criteria developed by the
162commission and delineate how funding would be used to develop
163one or more centers of excellence. When developing such
164recommended plans, the commission shall consider the university
165proposals submitted under subsection (6) and hold at least three
166public hearings, at times and locations designated by the chair
167of the commission, for the purpose of soliciting expert
168testimony including, but not limited to, viewing presentations
169of university proposals.
170     (8)  By March 15, 2003, The State Board of Education shall
171develop and approve a final plan for the establishment of one or
172more centers of excellence in the state and authorize
173expenditures for implementation of the plan. The final plan must
174allocate at least $10 million to each center of excellence
175established by the plan. When developing this final plan, the
176board shall consider the commission's recommended plans
177submitted under subsection (7) and hold at least one public
178hearing for the purpose of soliciting expert testimony. The
179final plan must include performance and accountability measures
180that can be used to assess the progress of plan implementation
181and the success of the centers of excellence established under
182the final plan. By March 22, 2003, The board shall provide a
183copy of the final plan to the Governor, the President of the
184Senate, and the Speaker of the House of Representatives.
185     (9)  Beginning June 30, 2003, The commission shall report
186quarterly, in writing, to the Commissioner of Education on the
187progress of the implementation of the final plan approved under
188subsection (8) and the success of the centers of excellence
189established under that plan.
190     (10)  This section expires June 30, 2006 July 1, 2004.
191     Section 2.  Notwithstanding any provision of law to the
192contrary, and subject to a specific appropriation by the
193Legislature for fiscal year 2004-2005, the State Board of
194Education shall provide for the establishment or expansion of
195one or more centers of excellence in this state, as defined
196under section 1004.225, Florida Statutes, in the manner and
197using the timeframes prescribed in this section.
198     (1)(a)  Florida Research Consortium, Inc., shall review the
199report submitted to the Emerging Technology Commission under
200section 1004.225, Florida Statutes, and revise the factors
201contributing to the success of a center of excellence as the
202consortium considers necessary.
203     1.  In reviewing the report and revising the factors, the
204consortium shall, at a minimum, consider activities and progress
205related to the establishment of the centers of excellence
206designated under section 1004.225, Florida Statutes.
207     2.  The consortium also shall ensure that the report
208addresses factors contributing to the success of an expansion of
209a center of excellence designated under section 1004.225,
210Florida Statutes.
211     (b)  By August 1, 2004, the consortium shall submit a
212revised report to the commission.
213     (2)(a)  By September 1, 2004, the Emerging Technology
214Commission shall approve criteria for evaluating proposals for
215establishing or expanding one or more centers of excellence
216under this section. The commission shall consider the criteria
217developed under section 1004.225, Florida Statutes, and the
218revised report submitted by Florida Research Consortium, Inc.,
219under subsection (1). The commission shall hold at least one
220public hearing, at a time and location designated by the chair
221of the commission, for the purpose of receiving expert testimony
222on the evaluation criteria.
223     (b)  By September 15, 2004, the commission shall provide a
224list of the approved criteria to each university in the state
225and to the State Technology Office for publishing on the
226Internet within 24 hours after the office's receipt of the list.
227     (3)(a)  Concurrent with the provision of the list of
228criteria under subsection (2), the Emerging Technology
229Commission shall notify each university in the state, in
230writing, of the opportunity to submit to the commission a
231written proposal for establishing a center of excellence under
232this section or expanding a center of excellence designated
233under section 1004.225, Florida Statutes. This section does not
234prevent a university that is the site of a center of excellence
235designated under section 1004.225, Florida Statutes, from
236submitting a proposal to establish a new center of excellence or
237to expand the existing center of excellence designated under
238that section.
239     (b)  A proposal from a university must be submitted to the
240commission before November 1, 2004.
241     (c)  A proposal must specifically address the evaluation
242criteria developed by the commission and specify how funding
243would be used to establish or expand a center of excellence.
244     (4)  By January 1, 2005, the Emerging Technology Commission
245shall submit to the State Board of Education a recommended plan
246for establishing or expanding one or more centers of excellence
247under this section. The recommended plan must specifically
248address the evaluation criteria developed by the commission and
249specify how funding would be used to establish or expand each
250center of excellence. When developing the recommended plan, the
251commission shall consider the proposals submitted under this
252section and hold at least two public hearings, at times and
253locations designated by the chair of the commission, for the
254purpose of receiving expert testimony, including, but not
255limited to, viewing presentations of university proposals.
256     (5)(a)  By February 15, 2005, the State Board of Education
257shall develop and approve a final plan for establishing or
258expanding one or more centers of excellence under this section
259and shall authorize expenditures for implementing the plan.
260     (b)  The plan may provide for:
261     1.  Designating one or more centers of excellence, which
262shall be in addition to any centers of excellence designated
263under section 1004.225, Florida Statutes;
264     2.  Expanding one or more of the centers of excellence
265designated under section 1004.225, Florida Statutes; or
266     3.  Designating one or more new centers of excellence and
267expanding one or more of the centers of excellence designated
268under section 1004.225, Florida Statutes.
269     (c)  The final plan must include performance and
270accountability measures that can be used to assess the progress
271of plan implementation and the success of each center of
272excellence that receives funding under the final plan. By March
2731, 2005, the State Board of Education shall provide a copy of
274the final plan to the Governor, the President of the Senate, and
275the Speaker of the House of Representatives.
276     (6)  Beginning July 1, 2005, the Emerging Technology
277Commission, as part of the report submitted under section
2781004.225(9), Florida Statutes, shall report quarterly, in
279writing, to the Commissioner of Education on the progress in
280implementing the final plan approved under subsection (5) and
281the success of each center of excellence that receives funding
282under that plan.
283     Section 3.  The sum of $50,000 is appropriated from the
284General Revenue Fund to the Executive Office of the Governor for
285the purpose of providing staff and administrative support to the
286Emerging Technology Commission, created under section 1004.225,
287Florida Statutes, and per diem and travel expenses for
288commission members during the 2004-2005 fiscal year.
289     Section 4.  The sum of $100 million is appropriated from
290the General Revenue Fund to the Department of Education during
291the 2004-2005 fiscal year for the purpose of establishing one or
292more additional centers of excellence or expanding one or more
293existing centers of excellence as provided in this act. The
294final plan approved by the State Board of Education for the
295establishment or expansion of one or more centers of excellence
296must allocate at least $10 million to each center of excellence
297established or expanded under the plan.
298     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.