Senate Bill sb1900c1

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    Florida Senate - 2004                           CS for SB 1900

    By the Committee on Appropriations; and Senators Klein and
    Atwater




    309-2692-04

  1                      A bill to be entitled

  2         An act relating to public postsecondary

  3         education and state universities; amending s.

  4         1004.225, F.S.; deleting obsolete provisions;

  5         providing for terms of members appointed to the

  6         Emerging Technology Commission; providing for

  7         filling any vacancy that occurs during the term

  8         of a member of the commission; delaying the

  9         expiration of the Florida Technology

10         Development Act; requiring Florida Research

11         Consortium, Inc., to report to the Emerging

12         Technology Commission within a specified

13         timeframe with respect to criteria for

14         reviewing proposals for a center of excellence;

15         requiring the commission to notify state

16         universities and the State Technology Office of

17         approved criteria for submitting a proposal for

18         a center of excellence by a specified date;

19         requiring the Emerging Technology Commission to

20         submit, by a specified date, a recommended plan

21         to the State Board of Education for

22         establishing or expanding one or more centers

23         of excellence; providing a timeframe for the

24         State Board of Education to approve a final

25         plan and report to the Governor and the

26         Legislature; providing an appropriation;

27         amending s. 1004.55, F.S.; relocating regional

28         autism centers for certain counties; providing

29         an effective date.

30  

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

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 1         Section 1.  Section 1004.225, Florida Statutes, is

 2  amended to read:

 3         1004.225  Florida Technology Development Act.--

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

 5  Technology Development Act."

 6         (2)  The term "center of excellence," as used in this

 7  section, means an organization of personnel, facilities, and

 8  equipment established at or in collaboration with one or more

 9  universities in Florida to accomplish the purposes and

10  objectives of this section. The purposes and objectives of a

11  center of excellence include:

12         (a)  Identifying and pursuing opportunities for

13  university scholars, research center scientists and engineers,

14  and private businesses to form collaborative partnerships to

15  foster and promote the research required to develop

16  commercially promising, advanced, and innovative technologies

17  and to transfer those technologies to commercial sectors.

18         (b)  Acquiring and leveraging public and private sector

19  funding to provide the totality of funds, personnel,

20  facilities, equipment, and other resources needed to support

21  the research required to develop commercially promising,

22  advanced, and innovative technologies and to transfer those

23  technologies to commercial sectors.

24         (c)  Recruiting and retaining world class scholars,

25  high-performing students, and leading scientists and engineers

26  in technology disciplines to engage in research in this state

27  to develop commercially promising, advanced, and innovative

28  technologies.

29         (d)  Enhancing and expanding technology curricula and

30  laboratory resources at universities and research centers in

31  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         (3)  Subject to legislative appropriation, The Emerging

 9  Technology Commission, or "commission," is created within the

10  Executive Office of the Governor to guide the establishment of

11  centers of 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. A regular member of the commission may not

27  serve for more than 4 years. Any vacancy that occurs during

28  the term of a regular member of the commission shall be filled

29  in the same manner as the original appointment. Regular

30  members must be appointed on or before July 1, 2002.

31  

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 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         (4)  By August 1, 2002, Florida Research Consortium,

 9  Inc., shall provide a report to the commission which describes

10  in detail and prioritizes factors that contribute to the

11  success of the creation of centers of excellence. At a

12  minimum, the report should describe and prioritize the

13  following factors:

14         (a)  Maturity of existing university programs relating

15  to a proposed center of excellence.

16         (b)  Existing amount of university resources dedicated

17  to activities relating to a proposed center of excellence.

18         (c)  Comprehensiveness and effectiveness of site plans

19  relating to a proposed center of excellence.

20         (d)  Regional economic structure and climate.

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

22  a center of excellence identifies and seizes opportunities to

23  collaborate with other public or private entities for research

24  purposes.

25         (f)  The presence of a comprehensive performance and

26  accountability measurement system.

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

28  strategy utilizing multiple levels of the educational system.

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

30  center of excellence to raise research funds and leverage

31  

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 1  public and private investment dollars to support advanced and

 2  emerging technological research and development projects.

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

 4  a center of excellence transfers advanced and emerging

 5  technologies from its laboratories to the commercial sector.

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

 7  a center of excellence stimulates and supports new venture

 8  creation.

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

10  curricula by improving communication between academia and

11  industry.

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

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

14  eminent scholars in advanced and emerging technology-based

15  disciplines.

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

17  of faculty, graduate students, and eminent scholars pursuing

18  private sector careers in the state.

19         (n)  Ability to provide capital facilities necessary to

20  support research and development.

21         (5)  By September 15, 2002, The commission shall

22  develop and approve criteria for evaluating proposals

23  submitted under this section subsection (6). When developing

24  such criteria, the commission shall consider the report

25  provided by Florida Research Consortium, Inc., under

26  subsection (4) and hold at least two public hearings, at times

27  and locations designated by the chair of the commission, for

28  the purpose of soliciting expert testimony. By October 1,

29  2002, The commission shall provide a list of such criteria to

30  each university in the State University System and to the

31  

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 1  State Technology Office for publishing on the Internet within

 2  24 hours after the office's receipt of the list.

 3         (6)  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         (7)  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 (6) 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         (8)  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

30  authorize expenditures for implementation of the plan. The

31  final plan must allocate at least $10 million to each center

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 1  of excellence established by the plan. When developing this

 2  final plan, the board shall consider the commission's

 3  recommended plans submitted under subsection (7) and hold at

 4  least one public hearing for the purpose of soliciting expert

 5  testimony. The final plan must include performance and

 6  accountability measures that can be used to assess the

 7  progress of plan implementation and the success of the centers

 8  of excellence established under the final plan. By March 22,

 9  2003, The board shall provide a copy of the final plan to the

10  Governor, the President of the Senate, and the Speaker of the

11  House of Representatives.

12         (9)  Beginning June 30, 2003, The commission shall

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

14  on the progress of the implementation of the final plan

15  approved under subsection (8) and the success of the centers

16  of excellence established under that plan.

17         (10)  This section expires June 30, 2006 July 1, 2004.

18         Section 2.  Notwithstanding any provision of law to the

19  contrary, and subject to a specific appropriation by the

20  Legislature for fiscal year 2004-2005, the State Board of

21  Education shall provide for the establishment or expansion of

22  one or more centers of excellence in this state, as defined

23  under section 1004.225, Florida Statutes, in the manner and

24  using the timeframes prescribed in this section.

25         (1)(a)  Florida Research Consortium, Inc., shall review

26  the report submitted to the Emerging Technology Commission

27  under section 1004.225, Florida Statutes, and revise the

28  factors contributing to the success of a center of excellence

29  as the consortium considers necessary.

30         1.  In reviewing the report and revising the factors,

31  the consortium shall, at a minimum, consider activities and

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 1  progress related to the establishment of the centers of

 2  excellence designated under section 1004.225, Florida

 3  Statutes.

 4         2.  The consortium also shall ensure that the report

 5  addresses factors contributing to the success of an expansion

 6  of a center of excellence designated under section 1004.225,

 7  Florida Statutes.

 8         (b)  By August 1, 2004, the consortium shall submit a

 9  revised report to the commission.

10         (2)(a)  By September 1, 2004, the Emerging Technology

11  Commission shall approve criteria for evaluating proposals for

12  establishing or expanding one or more centers of excellence

13  under this section. The commission shall consider the criteria

14  developed under section 1004.225, Florida Statutes, and the

15  revised report submitted by Florida Research Consortium, Inc.,

16  under subsection (1). The commission shall hold at least one

17  public hearing, at a time and location designated by the chair

18  of the commission, for the purpose of receiving expert

19  testimony on the evaluation criteria.

20         (b)  By September 15, 2004, the commission shall

21  provide a list of the approved criteria to each university in

22  the state and to the State Technology Office for publishing on

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

24  list.

25         (3)(a)  Concurrent with the provision of the list of

26  criteria under subsection (2), the Emerging Technology

27  Commission shall notify each university in the state, in

28  writing, of the opportunity to submit to the commission a

29  written proposal for establishing a center of excellence under

30  this section or expanding a center of excellence designated

31  under section 1004.225, Florida Statutes. This section does

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    Florida Senate - 2004                           CS for SB 1900
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 1  not prevent a university that is the site of a center of

 2  excellence designated under section 1004.225, Florida

 3  Statutes, from submitting a proposal to establish a new center

 4  of excellence or to expand the existing center of excellence

 5  designated under that section.

 6         (b)  A proposal from a university must be submitted to

 7  the commission before November 1, 2004.

 8         (c)  A proposal must specifically address the

 9  evaluation criteria developed by the commission and specify

10  how funding would be used to establish or expand a center of

11  excellence.

12         (4)  By January 1, 2005, the Emerging Technology

13  Commission shall submit to the State Board of Education a

14  recommended plan for establishing or expanding one or more

15  centers of excellence under this section. The recommended plan

16  must specifically address the evaluation criteria developed by

17  the commission and specify how funding would be used to

18  establish or expand each center of excellence. When developing

19  the recommended plan, the commission shall consider the

20  proposals submitted under this section and hold at least two

21  public hearings, at times and locations designated by the

22  chair of the commission, for the purpose of receiving expert

23  testimony, including, but not limited to, viewing

24  presentations of university proposals.

25         (5)(a)  By February 15, 2005, the State Board of

26  Education shall develop and approve a final plan for

27  establishing or expanding one or more centers of excellence

28  under this section and shall authorize expenditures for

29  implementing the plan.

30         (b)  The plan may provide for:

31  

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    Florida Senate - 2004                           CS for SB 1900
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 1         1.  Designating one or more centers of excellence,

 2  which shall be in addition to any centers of excellence

 3  designated under section 1004.225, Florida Statutes;

 4         2.  Expanding one or more of the centers of excellence

 5  designated under section 1004.225, Florida Statutes; or

 6         3.  Designating one or more new centers of excellence

 7  and expanding one or more of the centers of excellence

 8  designated under section 1004.225, Florida Statutes.

 9         (c)  The final plan must include performance and

10  accountability measures that can be used to assess the

11  progress of plan implementation and the success of each center

12  of excellence that receives funding under the final plan. By

13  March 1, 2005, the State Board of Education shall provide a

14  copy of the final plan to the Governor, the President of the

15  Senate, and the Speaker of the House of Representatives.

16         (6)  Beginning July 1, 2005, the Emerging Technology

17  Commission, as part of the report submitted under section

18  1004.225(9), Florida Statutes, shall report quarterly, in

19  writing, to the Commissioner of Education on the progress in

20  implementing the final plan approved under subsection (5) and

21  the success of each center of excellence that receives funding

22  under that plan.

23         Section 3.  The sum of $50,000 is appropriated from

24  nonrecurring general revenue to the Executive Office of the

25  Governor for the purpose of providing staff and administrative

26  support to the Emerging Technology Commission, created under

27  section 1004.225, Florida Statutes, and per diem and travel

28  expenses for commission members during the 2004-2005 fiscal

29  year.

30         Section 4.  Subsections (1) and (3) of section 1004.55,

31  Florida Statutes, are amended to read:

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 1         1004.55  Regional autism centers.--

 2         (1)  Seven Six regional autism centers are established

 3  to provide nonresidential resource and training services for

 4  persons of all ages and of all levels of intellectual

 5  functioning who have autism, as defined in s. 393.063; who

 6  have a pervasive developmental disorder that is not otherwise

 7  specified; who have an autistic-like disability; who have a

 8  dual sensory impairment; or who have a sensory impairment with

 9  other handicapping conditions. Each center shall be

10  operationally and fiscally independent and shall provide

11  services within its geographical region of the state. Each

12  center shall coordinate services within and between state and

13  local agencies and school districts but may not duplicate

14  services provided by those agencies or school districts.  The

15  respective locations and service areas of the centers are:

16         (a)  The Department of Communication Disorders at

17  Florida State University, which serves Bay, Calhoun, Escambia,

18  Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon,

19  Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,

20  Walton, and Washington Counties.

21         (b)  The College of Medicine at the University of

22  Florida, which serves Alachua, Bradford, Citrus, Columbia,

23  Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion,

24  Putnam, Suwannee, and Union Counties.

25         (c)  The University of Florida Health Science Center at

26  Jacksonville, which serves Baker, Clay, Duval, Flagler,

27  Nassau, and St. Johns Counties.

28         (d)  The Louis de la Parte Florida Mental Health

29  Institute at the University of South Florida, which serves

30  Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands,

31  

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 1  Hillsborough, Indian River, Lee, Manatee, Martin, Okeechobee,

 2  Pasco, Pinellas, Polk, St. Lucie, and Sarasota Counties.

 3         (e)  The Mailman Center for Child Development at the

 4  University of Miami, which serves Broward, Dade and, Monroe,

 5  and Palm Beach Counties.

 6         (f)  The College of Health and Public Affairs at the

 7  University of Central Florida, which serves Brevard, Lake,

 8  Orange, Osceola, Seminole, Sumter, and Volusia Counties.

 9         (g)  The Department of Exceptional Student Education at

10  Florida Atlantic University, which serves Palm Beach, Martin,

11  St. Lucie, Okeechobee, and Indian River Counties.

12         (3)  To promote statewide planning and coordination, a

13  conference must be held annually for staff from each of the

14  seven five centers and representatives from each center's

15  constituency board. The purpose of the conference is to

16  facilitate coordination, networking, cross-training, and

17  feedback among the staffs and constituency boards of the

18  centers.

19         Section 5.  This act shall take effect upon becoming a

20  law.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 1900

24                                 

25  The committee substitute removes the $100 million
    appropriation for the implementation of a plan to be developed
26  by the Emerging Technology Commission to establish one or more
    additional centers of excellence.
27  
    The committee substitute establishes the Department of
28  Exceptional Student Education at Florida Atlantic University,
    which serves Palm Beach, Martin, St. Lucie, Okeechobee, and
29  Indian River Counties, as the seventh regional autism center
    in the state.
30  

31  

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