HB 1237

1
A bill to be entitled
2An act relating to special postsecondary education
3programs; creating s. 1004.226, F.S.; creating the 21st
4Century Technology, Research, and Scholarship Enhancement
5Act; providing legislative findings and intent; providing
6definitions; creating the Florida Technology, Research,
7and Scholarship Board within the Board of Governors of the
8State University System; providing for members of the
9board; providing for terms; providing for board members to
10be reimbursed for per diem and expenses incurred in the
11performance of their duties; requiring that the Board of
12Governors of the State University System provide staff
13support and other support for the board; requiring that
14the board provide recommendations for the 21st Century
15World Class Scholars Program and the Centers of Excellence
16Program; authorizing the board to form committees and
17consult with certain other entities; providing for the
1821st Century World Class Scholars Program to provide
19matching funds to state universities to pay salaries and
20support research in science and technology; providing
21guidelines for the board to consider in developing its
22criteria for an award of matching funds; requiring a
23minimum investment of private funds; specifying the
24purposes of the Centers of Excellence; identifying the
25entities that are eligible to submit proposals for a
26center of excellence; requiring that the board develop
27criteria for approving proposals to create or expand a
28Center of Excellence; requiring that the board solicit
29proposals and notify state universities and research
30centers of a call for proposals; requiring that a Center
31of Excellence approved under the act report on its
32achievement of objectives; requiring certain documentation
33if funds are approved for a Center of Excellence in excess
34of a specified amount; requiring that the board submit an
35annual report to the Governor and Legislature; creating s.
361004.635, F.S.; creating the State University System
37Research and Economic Development Investment Program to
38provide matching funds to institutions to construct and
39acquire facilities and equipment to support research
40programs and foster economic development; providing for
41administration by the Board of Governors of the State
42University System; specifying eligibility criteria for
43state university participation; providing for the matching
44of appropriated funds; providing appropriations; providing
45for future repeal of s. 1004.226, F.S.; creating s.
461004.384, F.S.; authorizing a college of medicine at the
47University of Central Florida; creating s. 1004.385, F.S.;
48authorizing a college of medicine at Florida International
49University; providing an effective date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Section 1004.226, Florida Statutes, is created
54to read:
55     1004.226  The 21st Century Technology, Research, and
56Scholarship Enhancement Act.--
57     (1)  LEGISLATIVE FINDINGS AND INTENT.--
58     (a)  The Legislature finds that diversifying this state's
59economy requires a focus on building a growing base of high-wage
60jobs and on nurturing those technologies and clusters that will
61be the foundation of Florida's growing economic diversity and
62prosperity.
63     (b)  The Legislature further finds that special programs
64are needed to facilitate the recruitment of exceptional talent
65to Florida's research universities and centers and to provide
66the infrastructure and resources that precipitate joint efforts
67and coinvestment among state research and development
68institutions, private industry, and government. Florida needs
69consistent commitment and investment in order to further the
70state's strategy of capitalizing on innovative research and
71development to build a thriving, technology-rich economy.
72     (2)  CREATION.--The 21st Century Technology, Research, and
73Scholarship Enhancement Act is created for the purpose of:
74     (a)  Investing in programs that attract world class
75scholars and building Centers of Excellence as an important
76means of increasing technology-based business in this state;
77     (b)  Requiring coinvestment as a means of leveraging state
78dollars;
79     (c)  Aligning research and development efforts with
80established, statewide economic-development strategies,
81including an emphasis on identified economic clusters;
82     (d)  Facilitating value-added job creation through
83continuous improvement in university research, as well as
84entrepreneurship and capital-development programs; and
85     (e)  Establishing Florida as a leading state for
86entrepreneurship and innovation, with continued commitment to
87university Centers of Excellence and an expanding base of
88research and development.
89     (3)  DEFINITIONS.--As used in this section, the term:
90     (a)  "A 21st Century World Class Scholar" means a principal
91researcher/investigator who has high academic credentials,
92demonstrated competence, and experience that meets the
93requirements established by the board for a 21st Century World
94Class Scholar.
95     (b)  "Applicant" means any state university, private
96university located in this state, or any private or public
97research center, community college, or training center in this
98state which coordinates with a state university for purposes of
99this act.
100     (c)  "Board" means the Florida Technology, Research, and
101Scholarship Board.
102     (d)  "Center of Excellence" means an organization of
103personnel, facilities, and equipment established to accomplish
104the purposes and objectives of this act.
105     (e)  "Community college" means a public community college
106in this state as defined in s. 1000.21.
107     (f)  "Private university" means a baccalaureate degree-
108granting independent nonprofit university that is accredited by
109the Commission on Colleges of the Southern Association of
110Colleges and Schools and that is located in and chartered as a
111domestic corporation by the state.
112     (g)  "Research center" means an institute, center, or
113clinic that includes research and development or education as a
114principal mission of the organization.
115     (h)  "State university" means a public university in this
116state as defined in s. 1000.21.
117     (4)  FLORIDA TECHNOLOGY, RESEARCH, AND SCHOLARSHIP BOARD.--
118The Florida Technology, Research, and Scholarship Board is
119created within the Board of Governors of the State University
120System to guide the establishment of Centers of Excellence and
121the attraction of world class scholars.
122     (a)  The board shall consist of 11 members. Five members
123shall be appointed by the Governor, one of whom the Governor
124shall appoint as chair of the board, one of whom must be a
125member of the board of directors of Enterprise Florida, Inc.,
126and one of whom must be a member of the Board of Governors of
127the State University System. Three members shall be appointed by
128the President of the Senate and three members shall be appointed
129by the Speaker of the House of Representatives. Appointed
130members must be representative of business leaders, industrial
131researchers, academic researchers, scientists, and leaders in
132the emerging and advanced technology sector. Appointed members
133may not serve for more than 4 years and any vacancy that occurs
134during these appointees' terms shall be filled in the same
135manner as the original appointment. A majority of members
136constitutes a quorum.
137     (b)  Members of the board shall serve without compensation,
138but are entitled to receive reimbursement for per diem and
139travel expenses in accordance with s. 112.061 while in the
140performance of their duties.
141     (c)  The Board of Governors shall provide staff support for
142the activities of the board and per diem and travel expenses for
143board members.
144     (d)  The board is charged with recommending criteria to the
145Board of Governors for the 21st Century World Class Scholars
146Program and with providing guidance to the Board of Governors
147regarding the implementation and administration of the Centers
148of Excellence Program. The board shall recommend to the Board of
149Governors the qualifications, standards, and requirements for
150approval of investments in Centers of Excellence under this act.
151The board may form committees of its members and is encouraged
152to consult with Enterprise Florida, Inc., the Florida Research
153Consortium, Bio-Florida, IT Florida, the Florida Aviation
154Aerospace Alliance, and any other entity whose input may be
155helpful in determining the requirements and standards for the
156program.
157     (5)  THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.--
158     (a)  This act allocates state matching funds to attract
15921st Century World Class Scholars to state universities.
160     (b)  The 21st Century World Class Scholars Program shall be
161used as a tool to develop the state's capabilities in science
162and high-technology research, emphasizing Florida's identified
163strengths in science and technology while also recognizing new
164technologies as they may emerge.
165     (c)  The board, in consultation with senior administrators
166of state universities, state university foundation directors,
167the Office of Tourism, Trade, and Economic Development, the
168board of directors of Enterprise Florida, Inc., and leading
169members of private industry, shall develop and recommend to the
170Board of Governors criteria for the 21st Century World Class
171Scholars Program. Such criteria shall address, at a minimum, the
172following:
173     1.  The presence of distinguished faculty members,
174including whether the university has a substantial history of
175external funding, along with the strong potential for attracting
176a scholar of national or international eminence.
177     2.  The presence of academically outstanding students,
178along with the promise and potential for attracting additional
179highly qualified students.
180     3.  The presence of adequate research and scholarly support
181services.
182     4.  The existence of an academic environment having
183appropriate infrastructure, including buildings, classrooms,
184libraries, laboratories, and specialized equipment, that is
185conducive to the conduct of the highest quality of scholarship
186and research.
187     5.  The demonstration of concordance with Florida's
188strategic plan for economic development or an emphasis on one or
189more emerging sciences or technologies that could favorably
190impact the state's economic future.
191     (d)  A state university must raise a minimum of $1 million
192to be eligible for state matching funds to recruit a 21st
193Century World Class Scholar. Funds raised by the university
194shall be eligible for a one-to-one match from the state.
195Revenues received from state appropriations, student tuition and
196fees, and state-funded contracts or grants are not eligible for
197state match.
198     (e)  Upon the verification by the Board of Governors that a
199state university has met the criteria for a 21st Century World
200Class Scholar, the Board of Governors shall release matching
201funds to the university. Funds shall be used for the purpose of
202recruiting a 21st Century World Class Scholar and shall be
203expended according to an expenditure plan approved by the Board
204of Governors.
205     (f)  This act is not intended to replace or obviate
206existing programs.
207     (6)  CENTERS OF EXCELLENCE.--
208     (a)  The purposes and objectives of a Center of Excellence
209include:
210     1.  Identifying and pursuing opportunities for university
211scholars, research center scientists and engineers, and private
212businesses to form collaborative partnerships to foster and
213promote the research required to develop commercially promising,
214advanced, and innovative science and technology and to transfer
215those discoveries to commercial sectors.
216     2.  Acquiring and leveraging public-sector and private-
217sector funding to provide the totality of funds, personnel,
218facilities, equipment, and other resources needed to support the
219research required to develop commercially promising, advanced,
220and innovative science and technology and to transfer those
221discoveries to commercial sectors.
222     3.  Recruiting and retaining world class scholars, high-
223performing students, and leading scientists and engineers in
224technology disciplines to engage in research in this state and
225to develop commercially promising, advanced, and innovative
226science and technology.
227     4.  Enhancing and expanding science and technology
228curricula and laboratory resources at universities and research
229centers in this state.
230     5.  Increasing the number of high-performing students in
231science and technology disciplines who graduate from
232universities in this state and pursue careers in this state.
233     6.  Stimulating and supporting the inception, growth, and
234diversification of science and technology-based businesses and
235ventures in Florida and increasing employment opportunities for
236the workforce needed to support such businesses.
237     (b)  The following entities are eligible to submit
238proposals for a center of excellence:
239     1.  Any state university.
240     2.  Any private university.
241     3.  The H. Lee Moffitt Cancer Center and Research
242Institute.
243     4.  The Florida Institute for Human and Machine Cognition,
244Inc.
245     5.  Any community college, training center, or other public
246or private research center in the state which coordinates with a
247state university for purposes of this act.
248     (c)  The board shall recommend to the Board of Governors
249criteria for approving proposals to create or expand a Center of
250Excellence. Such criteria shall consider:
251     1.  The maturity of the applicant's existing programs
252relating to a proposed Center of Excellence.
253     2.  The comprehensiveness and effectiveness of site plans
254relating to a proposed Center of Excellence.
255     3.  The existing amount of the applicant's resources
256dedicated to activities relating to a proposed Center of
257Excellence.
258     4.  The regional economic structure and climate.
259     5.  The degree to which the applicant identifies and seizes
260opportunities to collaborate with other public or private
261entities for research purposes.
262     6.  The presence of a comprehensive performance and
263accountability measurement system.
264     7.  The use of an integrated research and development
265strategy using multiple levels of the educational system.
266     8.  The ability of the applicant to raise research funds
267and leverage public and private investment dollars to support
268advanced and emerging scientific and technological research and
269development projects.
270     9.  The degree to which the applicant transfers advanced
271and emerging sciences and technologies from its laboratories to
272the commercial sector.
273     10.  The degree to which the applicant stimulates and
274supports the creation of new ventures.
275     11.  The existence of a plan to enhance academic curricula
276by improving communication between academia and industry.
277     12.  The existence of a plan to increase the number,
278quality, and retention rate of faculty and graduate students in
279advancing and emerging science and technology-based disciplines.
280     13.  The existence of a plan to increase the likelihood of
281faculty and graduate students pursuing private-sector careers in
282the state.
283     14.  The ability of the applicant to provide capital
284facilities necessary to support research and development.
285     (d)  To call for proposals, the board shall notify the
286president or chief executive officer of the eligible entities
287identified in paragraph (b). The board shall periodically
288solicit proposals for Centers of Excellence.
289     (e)  The board shall recommend to the Board of Governors
290for approval and funding those proposals that meet the criteria
291approved by the Board of Governors.
292     (f)  If no proposal is judged worthy of approval during a
293solicitation cycle, an approval need not be made. This act does
294not establish a limit for an investment amount; however, any
295approval for a single Center of Excellence exceeding $20 million
296must be documented to have superior prospects for success in its
297field of research and offer outstanding opportunities to
298leverage state dollars.
299     (7)  ANNUAL REPORT.--The board, in cooperation with the
300Board of Governors of the State University System and the state
301universities or research centers receiving investments under
302this act, shall issue an annual report by December 31 each year
303of the activities conducted, including the accomplishments and
304overall economic benefits to the state, the number of 21st
305Century World Class Scholars attracted, the number of Centers of
306Excellence created or expanded, the success of collaborations
307with related industries, and the success of these programs. The
308annual report shall be presented to the Governor, the President
309of the Senate, and the Speaker of the House of Representatives.
310The annual report must include a copy of an independent audit of
311the board and a review of the progress of programs administered
312by the board.
313     Section 2.  For the 2006-2007 fiscal year, the sum of $8
314million is appropriated from general revenue funds to the
315University of South Florida for the purpose of enhancing
316graduate programs.
317     Section 3.  Section 1004.635, Florida Statutes, is created
318to read:
319     1004.635  State University System Research and Economic
320Development Investment Program.--
321     (1)  LEGISLATIVE INTENT.--It is the intent of the
322Legislature to create an investment program in state
323universities that enhances graduate education and enables state
324universities to become nationally competitive in science and
325technology-based economic development.
326     (2)  GENERAL PROVISIONS.--There is created the State
327University System Research and Economic Development Investment
328Program to provide matching funds to eligible institutions to
329construct and acquire cutting-edge, state-of-the-art science and
330engineering research facilities and specialized equipment to
331support research programs, foster economic development, and
332accelerate Florida's innovation economy. The program shall be
333administered by the Board of Governors of the State University
334System.
335     (3)  INSTITUTIONAL ELIGIBILITY CRITERIA.--
336     (a)  To be eligible to participate in the State University
337System Research and Economic Development Investment Program at
338Funding Level 1, a state university must meet each of the
339following criteria:
340     1.  The number of nonprofessional doctoral degrees awarded
341each year must exceed 250. For purposes of this section,
342nonprofessional doctoral degrees do not include degrees awarded
343in law, medicine, dentistry, and veterinary medicine. At least
34425 percent of the nonprofessional doctoral degrees must be in a
345mathematics, science, technology, engineering, or health-related
346discipline as defined by Classification of Instructional Program
347codes.
348     2.  The number of postdoctoral appointees reported in the
349most recent NSF/NIH Survey of Graduate Students and
350Postdoctorates in Science and Engineering must exceed 200.
351     3.  The 4-year undergraduate graduation rate must equal 40
352percent or higher.
353     4.  Expenditures from externally awarded contracts and
354grants must be a minimum of $100 million per year.
355     5.  The university must have a proven track record of
356securing patents and licenses leading to products in the
357marketplace over the last 5 years.
358     6.  At least 75 percent of the entering freshmen each
359academic year who are classified as residents for tuition
360purposes pursuant to s. 1009.21 must be eligible to receive
361Florida Bright Futures Scholarships.
362     7.  The Basic Classification of the university, according
363to the 2005 Carnegie Classifications, must be as a research
364university with very high research activity.
365     (b)  To be eligible to participate in the State University
366System Research and Economic Development Investment Program at
367Funding Level 2, a state university must meet, at a minimum, the
368requirements of subparagraphs (a)4. and 7.
369
370The Board of Governors shall develop uniform guidelines,
371definitions, and reporting formats for a university to use to
372demonstrate that it meets each of the criteria described in this
373subsection. The Board of Governors shall determine the
374eligibility status of a state university to participate in the
375program provided that a state university may not participate in
376both Funding Level 1 and Funding Level 2 simultaneously.
377     (4)  USE OF FUNDS.--Funds appropriated for the State
378University System Research and Economic Development Investment
379Program shall be used by the Board of Governors to match funds
380raised by an eligible university from nonuniversity sources on a
381one-time dollar-for-dollar basis.
382     Section 4.  For the 2006-2007 fiscal year, the sum of
383$95,000,000 is appropriated from nonrecurring general revenue
384funds to the Board of Governors of the State University System
385of which $20 million shall be allocated for the 21st Century
386World Class Scholars Program, $30 million shall be allocated for
387the Centers of Excellence Program, $36.5 million shall be
388allocated for Funding Level 1 of State University System
389Research and Economic Development Investment Program, and $8.5
390million shall be allocated for Funding Level 2 of the State
391University System Research and Economic Development Investment
392Program.
393     Section 5.  For the 2006-2007 fiscal year, the sum of $5
394million is appropriated from nonrecurring general revenue to the
395State Board of Education for the Dr. Philip Benjamin Matching
396Grant Program for Community Colleges to match donations for
397scholarships for first-generation-in-college students.
398     Section 6.  Section 1004.226, Florida Statutes, shall
399expire on June 30, 2011.
400     Section 7.  Section 1004.384, Florida Statutes, is created
401to read:
402     1004.384  University of Central Florida College of
403Medicine.--A college of medicine, as approved by the Board of
404Governors on March 23, 2006, is authorized at the University of
405Central Florida.
406     Section 8.  Section 1004.385, Florida Statutes, is created
407to read:
408     1004.385  Florida International University College of
409Medicine.--A college of medicine, as approved by the Board of
410Governors on March 23, 2006, is authorized at Florida
411International University.
412     Section 9.  This act shall take effect July 1, 2006.


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