HB 1237CS

CHAMBER ACTION



1The Colleges & Universities Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to advanced science and technology
7research; creating s. 1004.226, F.S.; creating the 21st
8Century Technology, Research, and Scholarship Enhancement
9Act; providing legislative findings and intent; providing
10definitions; creating the Florida Technology, Research,
11and Scholarship Board within the Board of Governors of the
12State University System; providing for members of the
13board; providing for terms; providing for board members to
14be reimbursed for per diem and expenses incurred in the
15performance of their duties; requiring that the Board of
16Governors of the State University System provide staff
17support and other support for the board; requiring that
18the board provide recommendations for the 21st Century
19World Class Scholars Program and the Centers of Excellence
20Program; authorizing the board to form committees and
21consult with certain other entities; providing for the
2221st Century World Class Scholars Program to provide
23matching funds to state universities; providing guidelines
24for the board in the development of criteria for
25recommendation to the Board of Governors; requiring a
26minimum investment of funds; specifying the purposes of
27the Centers of Excellence; requiring the board to
28recommend to the Board of Governors criteria for approving
29proposals to create or expand a Center of Excellence, to
30solicit proposals, and to recommend proposals that meet
31such criteria; requiring documentation if funds are
32approved for a Center of Excellence in excess of a
33specified amount; requiring reports by Centers of
34Excellence and the Board of Governors; providing for
35expiration of the act; providing appropriations and
36authorizing positions; providing for carrying forward
37certain unexpended balances; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 1004.226, Florida Statutes, is created
42to read:
43     1004.226  The 21st Century Technology, Research, and
44Scholarship Enhancement Act.--
45     (1)  LEGISLATIVE FINDINGS AND INTENT.--
46     (a)  The Legislature finds that diversifying this state's
47economy requires a focus on building a growing base of high-wage
48jobs and on nurturing those technologies and clusters that will
49be the foundation of Florida's growing economic diversity and
50prosperity.
51     (b)  The Legislature further finds that special programs
52are needed to facilitate the recruitment of exceptional talent
53to Florida's research universities and centers and to provide
54the infrastructure and resources that precipitate joint efforts
55and coinvestment among state research and development
56institutions, private industry, and government. Florida needs
57consistent commitment and investment in order to further the
58state's strategy of capitalizing on innovative research and
59development to build a thriving, technology-rich economy.
60     (2)  CREATION.--The 21st Century Technology, Research, and
61Scholarship Enhancement Act is created for the purpose of:
62     (a)  Investing in programs that attract world class
63scholars and building Centers of Excellence as an important
64means of increasing technology-based business in this state;
65     (b)  Requiring coinvestment as a means of leveraging state
66dollars;
67     (c)  Aligning research and development efforts with
68established, statewide economic-development strategies,
69including an emphasis on identified economic clusters;
70     (d)  Facilitating value-added job creation through
71continuous improvement in university research, as well as
72entrepreneurship and capital-development programs; and
73     (e)  Establishing Florida as a leading state for
74entrepreneurship and innovation, with continued commitment to
75university Centers of Excellence and an expanding base of
76research and development.
77     (3)  DEFINITIONS.--As used in this section, the term:
78     (a)  "A 21st Century World Class Scholar" means a principal
79researcher/investigator who has high academic credentials,
80demonstrated competence, and experience that meets the
81requirements established by the board for a 21st Century World
82Class Scholar.
83     (b)  "Applicant" means any state university, private
84university located in this state, or any private or public
85research center, community college, or training center in this
86state that coordinates with a state university for purposes of
87this act.
88     (c)  "Board" means the Florida Technology, Research, and
89Scholarship Board.
90     (d)  "Center of Excellence" means an organization of
91personnel, facilities, and equipment established at or in
92collaboration with one or more state universities to accomplish
93the purposes and objectives of this act.
94     (e)  "Research center" means an institute, center, or
95clinic that includes research and development or education as a
96principal mission of the organization.
97     (f)  "State university" means a Florida public university
98as defined in s. 1000.21.
99     (4)  FLORIDA TECHNOLOGY, RESEARCH, AND SCHOLARSHIP
100BOARD.--The Florida Technology, Research, and Scholarship Board
101is created within the Board of Governors of the State University
102System to guide the establishment of Centers of Excellence and
103the attraction of world class scholars.
104     (a)  The board shall consist of 11 members. Seven members
105shall be appointed by the Governor, one of whom the Governor
106shall appoint as chair of the board, one of whom must be a
107member of the board of directors of Enterprise Florida, Inc.,
108and one of whom must be a member of the Board of Governors of
109the State University System. Two members shall be appointed by
110the President of the Senate and two members shall be appointed
111by the Speaker of the House of Representatives. Appointed
112members must be representative of business leaders, industrial
113researchers, academic researchers, scientists, and leaders in
114the emerging and advanced technology sector. Appointed members
115may not serve for more than 4 years and any vacancy that occurs
116during these appointees' terms shall be filled in the same
117manner as the original appointment. A majority of members
118constitutes a quorum.
119     (b)  Members of the board shall serve without compensation,
120but are entitled to receive reimbursement for per diem and
121travel expenses in accordance with s. 112.061 while in the
122performance of their duties.
123     (c)  The Board of Governors shall provide staff support for
124the activities of the board and per diem and travel expenses for
125board members.
126     (d)  The board is charged with recommending criteria to the
127Board of Governors for the 21st Century World Class Scholars
128Program and with providing guidance to the Board of Governors
129regarding the implementation and administration of the Centers
130of Excellence Program. The board shall recommend to the Board of
131Governors the qualifications, standards, and requirements for
132approval of investments in Centers of Excellence under this act.
133The board may form committees of its members and is encouraged
134to consult with Enterprise Florida, Inc., the Florida Research
135Consortium, Bio-Florida, IT Florida, the Florida Aviation and
136Aerospace Alliance, and any other entity whose input may be
137helpful in determining the requirements and standards for the
138program.
139     (5)  THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.--
140     (a)  This act allocates state matching funds to attract
14121st Century World Class Scholars to state universities.
142     (b)  The 21st Century World Class Scholars Program shall be
143used as a tool to develop the state's capabilities in science
144and high-technology research, emphasizing Florida's identified
145strengths in science and technology while also recognizing new
146technologies as they may emerge.
147     (c)  The board, in consultation with senior administrators
148of state universities, state university foundation directors,
149the Office of Tourism, Trade, and Economic Development, the
150board of directors of Enterprise Florida, Inc., and leading
151members of private industry, shall develop and recommend to the
152Board of Governors criteria for the 21st Century World Class
153Scholars Program. Such criteria shall address, at a minimum, the
154following:
155     1.  The presence of distinguished faculty members,
156including whether the university has a substantial history of
157external funding, along with the strong potential for attracting
158a scholar of national or international eminence.
159     2.  The presence of academically outstanding students,
160along with the promise and potential for attracting additional
161highly qualified students.
162     3.  The presence of adequate research and scholarly support
163services.
164     4.  The existence of an academic environment having
165appropriate infrastructure, including buildings, classrooms,
166libraries, laboratories, and specialized equipment, that is
167conducive to the conduct of the highest quality of scholarship
168and research.
169     5.  The demonstration of concordance with Florida's
170strategic plan for economic development or an emphasis on one or
171more emerging sciences or technologies that could favorably
172impact the state's economic future.
173     (d)  A state university must raise a minimum of $1 million
174to be eligible for state matching funds to recruit a 21st
175Century World Class Scholar. Funds raised by the university
176shall be eligible for a one-to-one match from the state.
177Revenues received from state appropriations, student tuition and
178fees, and state-funded contracts or grants are not eligible for
179state match.
180     (e)  Upon the verification by the Board of Governors that a
181state university has met the criteria for a 21st Century World
182Class Scholar, the Board of Governors shall release matching
183funds to the university. Funds shall be used for the purpose of
184recruiting a 21st Century World Class Scholar and shall be
185expended according to an expenditure plan approved by the Board
186of Governors.
187     (f)  Nothing in this act is intended to replace or obviate
188existing programs.
189     (6)  CENTERS OF EXCELLENCE.--
190     (a)  The purposes and objectives of a Center of Excellence
191include:
192     1.  Identifying and pursuing opportunities for university
193scholars, research center scientists and engineers, and private
194businesses to form collaborative partnerships to foster and
195promote the research required to develop commercially promising,
196advanced, and innovative science and technology and to transfer
197those discoveries to commercial sectors.
198     2.  Acquiring and leveraging public-sector and private-
199sector funding to provide the totality of funds, personnel,
200facilities, equipment, and other resources needed to support the
201research required to develop commercially promising, advanced,
202and innovative science and technology and to transfer those
203discoveries to commercial sectors.
204     3.  Recruiting and retaining world class scholars, high-
205performing students, and leading scientists and engineers in
206technology disciplines to engage in research in this state and
207to develop commercially promising, advanced, and innovative
208science and technology.
209     4.  Enhancing and expanding science and technology
210curricula and laboratory resources at universities and research
211centers in this state.
212     5.  Increasing the number of high-performing students in
213science and technology disciplines who graduate from
214universities in this state and pursue careers in this state.
215     6.  Stimulating and supporting the inception, growth, and
216diversification of science and technology-based businesses and
217ventures in Florida and increasing employment opportunities for
218the workforce needed to support such businesses.
219     (b)  The board shall recommend to the Board of Governors
220criteria for approving proposals to create or expand a Center of
221Excellence. Such criteria shall consider:
222     1.  The maturity of the applicant's existing programs
223relating to a proposed Center of Excellence.
224     2.  The comprehensiveness and effectiveness of site plans
225relating to a proposed Center of Excellence.
226     3.  The existing amount of the applicant's resources
227dedicated to activities relating to a proposed Center of
228Excellence.
229     4.  The regional economic structure and climate.
230     5.  The degree to which the applicant identifies and seizes
231opportunities to collaborate with other public or private
232entities for research purposes.
233     6.  The presence of a comprehensive performance and
234accountability measurement system.
235     7.  The use of an integrated research and development
236strategy using multiple levels of the educational system.
237     8.  The ability of the applicant to raise research funds
238and leverage public and private investment dollars to support
239advanced and emerging scientific and technological research and
240development projects.
241     9.  The degree to which the applicant transfers advanced
242and emerging sciences and technologies from its laboratories to
243the commercial sector.
244     10.  The degree to which the applicant stimulates and
245supports the creation of new ventures.
246     11.  The existence of a plan to enhance academic curricula
247by improving communication between academia and industry.
248     12.  The existence of a plan to increase the number,
249quality, and retention rate of faculty and graduate students in
250advancing and emerging science and technology-based disciplines.
251     13.  The existence of a plan to increase the likelihood of
252faculty and graduate students pursuing private-sector careers in
253the state.
254     14.  The ability of the applicant to provide capital
255facilities necessary to support research and development.
256     (c)  The board shall periodically solicit proposals for
257Centers of Excellence. The board may issue broad solicitations
258for applicants to establish a Center of Excellence, including
259entities other than state universities. All applicants must
260submit and demonstrate coordination with one or more state
261universities in order to be eligible for funding. The board may
262solicit proposals for a more defined Center of Excellence that
263is intended to meet identified needs or capitalize on perceived
264technology and research opportunities. The board shall notify
265the president of each state university and applicable research
266centers in this state of the call for proposals.
267     (d)  The board shall recommend to the Board of Governors
268for approval and funding those proposals that meet the criteria
269approved by the Board of Governors.
270     (e)  If no proposal is judged worthy of approval during a
271solicitation cycle, an approval need not be made. This act does
272not establish a limit for an investment amount; however, any
273approval for a single Center of Excellence exceeding $20 million
274must be documented to have superior prospects for success in its
275field of research and offer outstanding opportunities to
276leverage state dollars.
277     (7)  ANNUAL REPORT.--
278     (a)  Any Center of Excellence receiving funding pursuant to
279this section shall provide at least annual reports to the board
280and the Board of Governors concerning its achievement of
281objectives as identified and presented in the approved proposal.
282     (b)  The Board of Governors shall issue an annual report by
283December 31 each year of the activities conducted, including the
284accomplishments and overall economic benefits to the state, the
285number of 21st Century World Class Scholars attracted, the
286number of Centers of Excellence created or expanded, the success
287of collaborations with related industries, and the success of
288these programs. The annual report shall be presented to the
289Governor, the President of the Senate, and the Speaker of the
290House of Representatives. The annual report must include a copy
291of an independent audit of the board and a review of the
292progress of programs established pursuant to this section.
293     (8)  EXPIRATION.--This section shall expire June 30, 2011.
294     Section 2.  For the 2006-2007 fiscal year, the sum of $200
295million is appropriated from nonrecurring general revenue to the
296Board of Governors of the State University System, of which $100
297million shall be allocated for the 21st Century World Class
298Scholars Program and $100 million for the Centers of Excellence
299Program. Notwithstanding s. 216.301, Florida Statutes, and
300pursuant to s. 216.351, Florida Statutes, any unexpended balance
301from this appropriation shall be carried forward at the end of
302each fiscal year until the 2010-2011 fiscal year. At the end of
303the 2010-2011 fiscal year, any remaining balance of this
304appropriation that has not been disbursed by the Board of
305Governors shall revert unallocated to the General Revenue Fund.
306     Section 3.  The following sums of money and full-time
307equivalent positions are appropriated to the Board of Governors
308of the State University System for the 2006-2007 fiscal year for
309the purpose of administering this act:
310     (1)  Two full-time equivalent positions and 130,000 in
311approved annual salary rate;
312     (2)  The sum of $162,959 from recurring general revenue
313funds for salaries and benefits;
314     (3)  The sum of $101,892 from recurring general revenue
315funds for expenses;
316     (4)  The sum of $3,800 from nonrecurring general revenue
317funds for operating capital outlay; and
318     (5)  The sum of $786 from recurring general revenue funds
319for transfer to the Department of Management Services for the
320Human Resource Services Statewide Contract.
321     Section 4.  This act shall take effect July 1, 2006.


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