Senate Bill sb1900e1

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  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; creating s. 1004.451, F.S.;

27         creating the Florida State University Center

28         for the Performing Arts Direct Support

29         Organization; providing an appropriation;

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

31         autism centers for certain counties; creating


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 1         s. 1004.63, F.S.; creating the Florida-Scripps

 2         Research Compact; providing an appropriation;

 3         providing an effective date.

 4  

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

 6  

 7         Section 1.  Section 1004.225, Florida Statutes, is

 8  amended to read:

 9         1004.225  Florida Technology Development Act.--

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

11  Technology Development Act."

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

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

14  equipment established at or in collaboration with one or more

15  universities in Florida to accomplish the purposes and

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

17  center of excellence include:

18         (a)  Identifying and pursuing opportunities for

19  university scholars, research center scientists and engineers,

20  and private businesses to form collaborative partnerships to

21  foster and promote the research required to develop

22  commercially promising, advanced, and innovative technologies

23  and to transfer those technologies to commercial sectors.

24         (b)  Acquiring and leveraging public and private sector

25  funding to provide the totality of funds, personnel,

26  facilities, equipment, and other resources needed to support

27  the research required to develop commercially promising,

28  advanced, and innovative technologies and to transfer those

29  technologies to commercial sectors.

30         (c)  Recruiting and retaining world class scholars,

31  high-performing students, and leading scientists and engineers


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 1  in technology disciplines to engage in research in this state

 2  to develop commercially promising, advanced, and innovative

 3  technologies.

 4         (d)  Enhancing and expanding technology curricula and

 5  laboratory resources at universities and research centers in

 6  this state.

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

 8  in technology disciplines who graduate from universities in

 9  this state and pursue careers in this state.

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

11  and diversification of technology-based businesses and

12  ventures in Florida and increasing employment opportunities

13  for the workforce needed to support such businesses.

14         (3)  Subject to legislative appropriation, The Emerging

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

16  Executive Office of the Governor to guide the establishment of

17  centers of excellence.

18         (a)  The commission shall consist of five regular

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

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

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

22  appointed by the Speaker of the House of Representatives;

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

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

25  Commissioner of Education as an ex officio nonvoting member;

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

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

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

29  members shall be business leaders, industrial researchers,

30  academic researchers, scientists, or engineers who have been

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


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 1  technology sectors. A regular member of the commission may not

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

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

 4  in the same manner as the original appointment. Regular

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

 6         (b)  Members of the commission shall serve without

 7  compensation but shall be entitled to receive per diem and

 8  travel expenses in accordance with s. 112.061 while in

 9  performance of their duties.

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

11  staff support for the activities of the commission and per

12  diem and travel expenses for commission members.

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

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

15  in detail and prioritizes factors that contribute to the

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

17  minimum, the report should describe and prioritize the

18  following factors:

19         (a)  Maturity of existing university programs relating

20  to a proposed center of excellence.

21         (b)  Existing amount of university resources dedicated

22  to activities relating to a proposed center of excellence.

23         (c)  Comprehensiveness and effectiveness of site plans

24  relating to a proposed center of excellence.

25         (d)  Regional economic structure and climate.

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

27  a center of excellence identifies and seizes opportunities to

28  collaborate with other public or private entities for research

29  purposes.

30         (f)  The presence of a comprehensive performance and

31  accountability measurement system.


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

 2  strategy utilizing multiple levels of the educational system.

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

 4  center of excellence to raise research funds and leverage

 5  public and private investment dollars to support advanced and

 6  emerging technological research and development projects.

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

 8  a center of excellence transfers advanced and emerging

 9  technologies from its laboratories to the commercial sector.

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

11  a center of excellence stimulates and supports new venture

12  creation.

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

14  curricula by improving communication between academia and

15  industry.

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

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

18  eminent scholars in advanced and emerging technology-based

19  disciplines.

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

21  of faculty, graduate students, and eminent scholars pursuing

22  private sector careers in the state.

23         (n)  Ability to provide capital facilities necessary to

24  support research and development.

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

26  develop and approve criteria for evaluating proposals

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

28  such criteria, the commission shall consider the report

29  provided by Florida Research Consortium, Inc., under

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

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


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

 2  2002, The commission shall provide a list of such criteria to

 3  each university in the State University System and to the

 4  State Technology Office for publishing on the Internet within

 5  24 hours after the office's receipt of the list.

 6         (6)  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         (7)  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 (6) 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         (8)  By March 15, 2003, The State Board of Education

31  shall develop and approve a final plan for the establishment


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

 2  authorize expenditures for implementation of the plan. The

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

 4  of excellence established by the plan. When developing this

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

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

 7  least one public hearing for the purpose of soliciting expert

 8  testimony. The final plan must include performance and

 9  accountability measures that can be used to assess the

10  progress of plan implementation and the success of the centers

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

12  2003, The board shall provide a copy of the final plan to the

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

14  House of Representatives.

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

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

17  on the progress of the implementation of the final plan

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

19  of excellence established under that plan.

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

21         Section 2.  Notwithstanding any provision of law to the

22  contrary, and subject to a specific appropriation by the

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

24  Education shall provide for the establishment or expansion of

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

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

27  using the timeframes prescribed in this section.

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

29  the report submitted to the Emerging Technology Commission

30  under section 1004.225, Florida Statutes, and revise the

31  


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 1  factors contributing to the success of a center of excellence

 2  as the consortium considers necessary.

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

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

 5  progress related to the establishment of the centers of

 6  excellence designated under section 1004.225, Florida

 7  Statutes.

 8         2.  The consortium also shall ensure that the report

 9  addresses factors contributing to the success of an expansion

10  of a center of excellence designated under section 1004.225,

11  Florida Statutes.

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

13  revised report to the commission.

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

15  Commission shall approve criteria for evaluating proposals for

16  establishing or expanding one or more centers of excellence

17  under this section. The commission shall consider the criteria

18  developed under section 1004.225, Florida Statutes, and the

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

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

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

22  of the commission, for the purpose of receiving expert

23  testimony on the evaluation criteria.

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

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

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

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

28  list.

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

30  criteria under subsection (2), the Emerging Technology

31  Commission shall notify each university in the state, in


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

 2  written proposal for establishing a center of excellence under

 3  this section or expanding a center of excellence designated

 4  under section 1004.225, Florida Statutes. This section does

 5  not prevent a university that is the site of a center of

 6  excellence designated under section 1004.225, Florida

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

 8  of excellence or to expand the existing center of excellence

 9  designated under that section.

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

11  the commission before November 1, 2004.

12         (c)  A proposal must specifically address the

13  evaluation criteria developed by the commission and specify

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

15  excellence.

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

17  Commission shall submit to the State Board of Education a

18  recommended plan for establishing or expanding one or more

19  centers of excellence under this section. The recommended plan

20  must specifically address the evaluation criteria developed by

21  the commission and specify how funding would be used to

22  establish or expand each center of excellence. When developing

23  the recommended plan, the commission shall consider the

24  proposals submitted under this section and hold at least two

25  public hearings, at times and locations designated by the

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

27  testimony, including, but not limited to, viewing

28  presentations of university proposals.

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

30  Education shall develop and approve a final plan for

31  establishing or expanding one or more centers of excellence


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 1  under this section and shall authorize expenditures for

 2  implementing the plan.

 3         (b)  The plan may provide for:

 4         1.  Designating one or more centers of excellence,

 5  which shall be in addition to any centers of excellence

 6  designated under section 1004.225, Florida Statutes;

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

 8  designated under section 1004.225, Florida Statutes; or

 9         3.  Designating one or more new centers of excellence

10  and expanding one or more of the centers of excellence

11  designated under section 1004.225, Florida Statutes.

12         (c)  The final plan must include performance and

13  accountability measures that can be used to assess the

14  progress of plan implementation and the success of each center

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

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

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

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

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

20  Commission, as part of the report submitted under section

21  1004.225(9), Florida Statutes, shall report quarterly, in

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

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

24  the success of each center of excellence that receives funding

25  under that plan.

26         Section 3.  Section 1004.451, Florida Statutes, is

27  created to read:

28         1004.451  Center for the Performing Arts direct-support

29  organization.--

30         (1)  Florida State University shall create a

31  direct-support organization for the Florida State University


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 1  Center for the Performing Arts for the purposes described in

 2  this section.  The board of directors of the direct-support

 3  organization shall consist of eleven members.  The core

 4  members of the board of directors shall be the President of

 5  Florida State University, the Chair of the Board of Trustees

 6  for Florida State University, the Dean of Florida State

 7  University School of Theater, the Dean of Florida State

 8  University School of Visual Arts and Dance, the Director of

 9  Florida State University Conservatory for Actor Training in

10  Sarasota, and two members nominated by Asolo Theater, Inc.,

11  and approved by the President of Florida State University.

12  The seven core members of the board shall appoint two

13  additional members to serve on the board of directors with the

14  approval of the President of Florida State University.  The

15  President of Florida State University shall appoint two

16  members from the Sarasota community, or, at the President's

17  discretion, may appoint two members nominated by the Sarasota

18  Ballet, Inc. Upon appointment of all members of the board of

19  directors, the direct-support organization shall develop a

20  charter and bylaws to govern its operation, provided that all

21  decisions by its board of directors shall be taken by at least

22  six-vote majorities.  The charter, bylaws, and any

23  modifications of such, shall be subject to approval by Florida

24  State University.

25         (2)  The direct-support organization, operating under

26  its charter and bylaws, shall acquire from Florida State

27  University, own and operate the Florida State University

28  Center for the Performing Arts, and shall promote a resident

29  professional repertory program to work in conjunction with,

30  complement and support the Conservatory's graduate educational

31  theater program of Florida State University in Sarasota. It


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 1  shall engage in fundraising to support its activities and

 2  support the independent fundraising efforts of the Asolo and

 3  the Conservatory. The direct-support organization shall

 4  operate and maintain the building in coordination with the

 5  Florida State University Ringling Cultural Center. All

 6  agreements between the University and Asolo in force on the

 7  effective date of this statute shall remain binding on the

 8  parties.

 9         (3)  The direct-support organization shall provide for

10  an annual financial audit in accordance with s. 1004.28(5),

11  Florida Statutes.  The audit shall be addressed to the direct

12  support organization, Florida State University, the Asolo and,

13  if it has members serving on the Board of Directors, the

14  Ballet, each of whom are authorized to require and receive

15  from the direct-support organization, or from its independent

16  auditor, any detail or supplemental data relative to the

17  operation of such organization.

18         (4)  An employee or member of the direct-support

19  organization may not receive, nor any member of their

20  immediate family receive, a commission, fee, or financial

21  benefit in connection with services or goods associated with

22  the direct-support organization and may not be a business

23  associate of any individual, firm, or organization involved in

24  the sale or exchange of goods or services within the

25  direct-support organization.

26         (5)  In all other respects, the direct-support

27  organization shall act as a direct-support organization

28  authorized and governed by the provisions of s. 1004.28.

29         (6)  Florida State University shall transfer the Center

30  for the Performing Arts to the direct-support organization

31  


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 1  when Florida State University has approved the charter and

 2  bylaws of the direct-support organization.

 3         Section 4.  The sum of $50,000 is appropriated from

 4  nonrecurring general revenue to the Executive Office of the

 5  Governor for the purpose of providing staff and administrative

 6  support to the Emerging Technology Commission, created under

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

 8  expenses for commission members during the 2004-2005 fiscal

 9  year.

10         Section 5.  Subsections (1) and (3) of section 1004.55,

11  Florida Statutes, are amended to read:

12         1004.55  Regional autism centers.--

13         (1)  Seven Six regional autism centers are established

14  to provide nonresidential resource and training services for

15  persons of all ages and of all levels of intellectual

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

17  have a pervasive developmental disorder that is not otherwise

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

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

20  other handicapping conditions. Each center shall be

21  operationally and fiscally independent and shall provide

22  services within its geographical region of the state. Each

23  center shall coordinate services within and between state and

24  local agencies and school districts but may not duplicate

25  services provided by those agencies or school districts.  The

26  respective locations and service areas of the centers are:

27         (a)  The Department of Communication Disorders at

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

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

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

31  Walton, and Washington Counties.


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

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

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

 4  Putnam, Suwannee, and Union Counties.

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

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

 7  Nassau, and St. Johns Counties.

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

 9  Institute at the University of South Florida, which serves

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

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

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

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

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

15  and Palm Beach Counties.

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

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

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

19         (g)  The Department of Exceptional Student Education at

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

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

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

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

24  seven five centers and representatives from each center's

25  constituency board. The purpose of the conference is to

26  facilitate coordination, networking, cross-training, and

27  feedback among the staffs and constituency boards of the

28  centers.

29         Section 6.  Section 1004.63, Florida Statutes, is

30  created to read:

31         1004.63  Florida-Scripps Research Compact.--


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 1         (1)  There is created the Florida-Scripps Research

 2  Compact. The purpose of the compact is to explore facilitating

 3  and maximizing Florida's postsecondary collaboration with the

 4  Scripps Research Institute, including the feasibility and

 5  planning of a physical presence constituting a fully

 6  operational State of Florida-Scripps Research Campus over a

 7  multiyear phase-in. Such plans may include, but need not be

 8  limited to, the creation of research and graduate education

 9  facilities for faculty, support staff, and students of the

10  state universities, the state's historically black colleges

11  and universities, the University of Miami, and any other

12  accredited medical school in this state to collaborate with

13  the Scripps Research Institute; the acquisition of land,

14  facilities, and equipment; the potential for placement of a

15  research hospital on the campus; the placement of a

16  public-private research incubator on the campus; and any other

17  public-private partnerships and necessary physical resources

18  that would enhance the state's relationship with the Scripps

19  Research Institute. By December 31, 2004, the compact shall

20  submit a report to the Office of the Governor, the Senate, and

21  the House of Representatives outlining the potential and

22  feasibility of a Florida-Scripps Research Campus, including

23  plans for governance, operation, and phased-in budget.

24         (2)  For purposes of administration and fiscal agency,

25  the compact shall be hosted by Florida Atlantic University and

26  chaired by the President of Florida Atlantic University.

27  Functions of the compact shall be overseen by a board of

28  directors whose composition shall be determined by the

29  Governor, in consultation with the Scripps Research Institute.

30         (3)  A Compact Research Advisory Committee shall serve

31  as a standing committee of the board of directors. The


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 1  committee shall be comprised of all members of the Florida

 2  Research Consortium and other members as determined by the

 3  Governor. The purpose of the Compact Research Advisory

 4  Committee shall be to facilitate the report as well as the

 5  future collaboration and coordination among Florida's

 6  postsecondary institutions and the Scripps Research Institute.

 7  Such coordination shall be for purposes of communication,

 8  efficiency, priority, and nonduplication rather than as a

 9  restriction on any Florida postsecondary institution and its

10  relationship with the Scripps Research Institute.

11         Section 7.  There is appropriated from the General

12  Revenue Fund to the State Board of Education the sum of

13  $250,000 in nonrecurring funds for the 2004-2005 fiscal year.

14  These funds shall be administered by the Board of Governors of

15  the State University System to support the activities of the

16  Florida-Scripps Research Compact and the Compact Research

17  Advisory Committee.

18         Section 8.  This act shall take effect upon becoming a

19  law.

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