Senate Bill sb2084c1
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Florida Senate - 2006 CS for SB 2084
By the Committee on Commerce and Consumer Services; and
Senators Alexander, King and Klein
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1 A bill to be entitled
2 An act relating to advanced science and
3 technology research; creating s. 1004.226,
4 F.S.; creating the 21st Century Technology,
5 Research, and Scholarship Enhancement Act;
6 providing legislative findings and intent;
7 providing definitions; creating the Florida
8 Technology, Research, and Scholarship Board
9 within the Board of Governors of the State
10 University System; providing for members of the
11 board; providing for terms; providing for board
12 members to be reimbursed for per diem and
13 expenses incurred in the performance of their
14 duties; requiring that the Board of Governors
15 of the State University System provide staff
16 support and other support for the board;
17 requiring that the board provide
18 recommendations for the 21st Century World
19 Class Scholars Program and the Centers of
20 Excellence Program; authorizing the board to
21 form committees and consult with certain other
22 entities; providing for the 21st Century World
23 Class Scholars Program to provide matching
24 funds to state universities to pay salaries and
25 support research in science and technology;
26 providing guidelines for the board to consider
27 in developing its criteria for an award of
28 matching funds; requiring a minimum investment
29 of private funds; specifying the purposes of
30 the Centers of Excellence; identifying the
31 entities that are eligible to submit proposals
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1 for a center of excellence; requiring that the
2 board develop criteria for approving proposals
3 to create or expand a Center of Excellence;
4 requiring that the board solicit proposals and
5 notify state universities and research centers
6 of a call for proposals; requiring that a
7 Center of Excellence approved under the act
8 report on its achievement of objectives;
9 requiring certain documentation if funds are
10 approved for a Center of Excellence in excess
11 of a specified amount; requiring that the board
12 submit an annual report to the Governor and
13 Legislature; providing appropriations;
14 providing for carrying forward certain
15 unexpended balances of an appropriation;
16 authorizing additional positions; providing for
17 the future repeal of the act; providing an
18 effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 1004.226, Florida Statutes, is
23 created to read:
24 1004.226 The 21st Century Technology, Research, and
25 Scholarship Enhancement Act.--
26 (1) LEGISLATIVE FINDINGS AND INTENT.--
27 (a) The Legislature finds that diversifying this
28 state's economy requires a focus on building a growing base of
29 high-wage jobs and on nurturing those technologies and
30 clusters that will be the foundation of Florida's growing
31 economic diversity and prosperity.
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1 (b) The Legislature further finds that special
2 programs are needed to facilitate the recruitment of
3 exceptional talent to Florida's research universities and
4 centers and to provide the infrastructure and resources that
5 precipitate joint efforts and coinvestment among state
6 research and development institutions, private industry, and
7 government. Florida needs consistent commitment and investment
8 in order to further the state's strategy of capitalizing on
9 innovative research and development to build a thriving,
10 technology-rich economy.
11 (2) CREATION.--The 21st Century Technology, Research,
12 and Scholarship Enhancement Act is created for the purpose of:
13 (a) Investing in programs that attract world class
14 scholars and building Centers of Excellence as an important
15 means of increasing technology-based business in this state;
16 (b) Requiring coinvestment as a means of leveraging
17 state dollars;
18 (c) Aligning research and development efforts with
19 established, statewide economic-development strategies,
20 including an emphasis on identified economic clusters;
21 (d) Facilitating value-added job creation through
22 continuous improvement in university research, as well as
23 entrepreneurship and capital-development programs; and
24 (e) Establishing Florida as a leading state for
25 entrepreneurship and innovation, with continued commitment to
26 university Centers of Excellence and an expanding base of
27 research and development.
28 (3) DEFINITIONS.--As used in this section, the term:
29 (a) "A 21st Century World Class Scholar" means a
30 principal researcher/investigator who has high academic
31 credentials, demonstrated competence, and experience that
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1 meets the requirements established by the board for a 21st
2 Century World Class Scholar.
3 (b) "Applicant" means any state university, private
4 university located in this state, or any private or public
5 research center, community college, or training center in this
6 state which coordinates with a state university for purposes
7 of this act.
8 (c) "Board" means the Florida Technology, Research,
9 and Scholarship Board.
10 (d) "Center of Excellence" means an organization of
11 personnel, facilities, and equipment established to accomplish
12 the purposes and objectives of this act.
13 (e) "Community college" means a public community
14 college in this state as defined in s. 1000.21.
15 (f) "Private university" means a baccalaureate
16 degree-granting independent nonprofit university that is
17 accredited by the Commission on Colleges of the Southern
18 Association of Colleges and Schools and that is located in and
19 chartered as a domestic corporation by the state.
20 (g) "Research center" means an institute, center, or
21 clinic that includes research and development or education as
22 a principal mission of the organization.
23 (h) "State university" means a public university in
24 this state as defined in s. 1000.21.
25 (4) FLORIDA TECHNOLOGY, RESEARCH, AND SCHOLARSHIP
26 BOARD.--The Florida Technology, Research, and Scholarship
27 Board is created within the Board of Governors of the State
28 University System to guide the establishment of Centers of
29 Excellence and the attraction of world class scholars.
30 (a) The board shall consist of 11 members. Seven
31 members shall be appointed by the Governor, one of whom the
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1 Governor shall appoint as chair of the board, one of whom must
2 be a member of the board of directors of Enterprise Florida,
3 Inc., and one of whom must be a member of the Board of
4 Governors of the State University System. Two members shall be
5 appointed by the President of the Senate and two members shall
6 be appointed by the Speaker of the House of Representatives.
7 Appointed members must be representative of business leaders,
8 industrial researchers, academic researchers, scientists, and
9 leaders in the emerging and advanced technology sector.
10 Appointed members may not serve for more than 4 years and any
11 vacancy that occurs during these appointees' terms shall be
12 filled in the same manner as the original appointment. A
13 majority of members constitutes a quorum.
14 (b) Members of the board shall serve without
15 compensation, but are entitled to receive reimbursement for
16 per diem and travel expenses in accordance with s. 112.061
17 while in the performance of their duties.
18 (c) The Board of Governors shall provide staff support
19 for the activities of the board and per diem and travel
20 expenses for board members.
21 (d) The board is charged with recommending criteria to
22 the Board of Governors for the 21st Century World Class
23 Scholars Program and with providing guidance to the Board of
24 Governors regarding the implementation and administration of
25 the Centers of Excellence Program. The board shall recommend
26 to the Board of Governors the qualifications, standards, and
27 requirements for approval of investments in Centers of
28 Excellence under this act. The board may form committees of
29 its members and is encouraged to consult with Enterprise
30 Florida, Inc., the Florida Research Consortium, Bio-Florida,
31 IT Florida, the Florida Aviation Aerospace Alliance, and any
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1 other entity whose input may be helpful in determining the
2 requirements and standards for the program.
3 (5) THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.--
4 (a) This act allocates state matching funds to attract
5 21st Century World Class Scholars to state universities.
6 (b) The 21st Century World Class Scholars Program
7 shall be used as a tool to develop the state's capabilities in
8 science and high-technology research, emphasizing Florida's
9 identified strengths in science and technology while also
10 recognizing new technologies as they may emerge.
11 (c) The board, in consultation with senior
12 administrators of state universities, state university
13 foundation directors, the Office of Tourism, Trade, and
14 Economic Development, the board of directors of Enterprise
15 Florida, Inc., and leading members of private industry, shall
16 develop and recommend to the Board of Governors criteria for
17 the 21st Century World Class Scholars Program. Such criteria
18 shall address, at a minimum, the following:
19 1. The presence of distinguished faculty members,
20 including whether the university has a substantial history of
21 external funding, along with the strong potential for
22 attracting a scholar of national or international eminence.
23 2. The presence of academically outstanding students,
24 along with the promise and potential for attracting additional
25 highly qualified students.
26 3. The presence of adequate research and scholarly
27 support services.
28 4. The existence of an academic environment having
29 appropriate infrastructure, including buildings, classrooms,
30 libraries, laboratories, and specialized equipment, that is
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1 conducive to the conduct of the highest quality of scholarship
2 and research.
3 5. The demonstration of concordance with Florida's
4 strategic plan for economic development or an emphasis on one
5 or more emerging sciences or technologies that could favorably
6 impact the state's economic future.
7 (d) A state university must raise a minimum of $1
8 million to be eligible for state matching funds to recruit a
9 21st Century World Class Scholar. Funds raised by the
10 university shall be eligible for a one-to-one match from the
11 state. Revenues received from state appropriations, student
12 tuition and fees, and state-funded contracts or grants are not
13 eligible for state match.
14 (e) Upon the verification by the Board of Governors
15 that a state university has met the criteria for a 21st
16 Century World Class Scholar, the Board of Governors shall
17 release matching funds to the university. Funds shall be used
18 for the purpose of recruiting a 21st Century World Class
19 Scholar and shall be expended according to an expenditure plan
20 approved by the Board of Governors.
21 (f) This act is not intended to replace or obviate
22 existing programs.
23 (6) CENTERS OF EXCELLENCE.--
24 (a) The purposes and objectives of a Center of
25 Excellence include:
26 1. Identifying and pursuing opportunities for
27 university scholars, research center scientists and engineers,
28 and private businesses to form collaborative partnerships to
29 foster and promote the research required to develop
30 commercially promising, advanced, and innovative science and
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1 technology and to transfer those discoveries to commercial
2 sectors.
3 2. Acquiring and leveraging public-sector and
4 private-sector funding to provide the totality of funds,
5 personnel, facilities, equipment, and other resources needed
6 to support the research required to develop commercially
7 promising, advanced, and innovative science and technology and
8 to transfer those discoveries to commercial sectors.
9 3. Recruiting and retaining world class scholars,
10 high-performing students, and leading scientists and engineers
11 in technology disciplines to engage in research in this state
12 and to develop commercially promising, advanced, and
13 innovative science and technology.
14 4. Enhancing and expanding science and technology
15 curricula and laboratory resources at universities and
16 research centers in this state.
17 5. Increasing the number of high-performing students
18 in science and technology disciplines who graduate from
19 universities in this state and pursue careers in this state.
20 6. Stimulating and supporting the inception, growth,
21 and diversification of science and technology-based businesses
22 and ventures in Florida and increasing employment
23 opportunities for the workforce needed to support such
24 businesses.
25 (b) The following entities are eligible to submit
26 proposals for a center of excellence:
27 1. Any state university.
28 2. Any private university.
29 3. The H. Lee Moffitt Cancer Center and Research
30 Institute.
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1 4. The Florida Institute for Human and Machine
2 Cognition, Inc.
3 5. Any community college, training center, or other
4 public or private research center in the state which
5 coordinates with a state university for purposes of this act.
6 (c) The board shall recommend to the Board of
7 Governors criteria for approving proposals to create or expand
8 a Center of Excellence. Such criteria shall consider:
9 1. The maturity of the applicant's existing programs
10 relating to a proposed Center of Excellence.
11 2. The comprehensiveness and effectiveness of site
12 plans relating to a proposed Center of Excellence.
13 3. The existing amount of the applicant's resources
14 dedicated to activities relating to a proposed Center of
15 Excellence.
16 4. The regional economic structure and climate.
17 5. The degree to which the applicant identifies and
18 seizes opportunities to collaborate with other public or
19 private entities for research purposes.
20 6. The presence of a comprehensive performance and
21 accountability measurement system.
22 7. The use of an integrated research and development
23 strategy using multiple levels of the educational system.
24 8. The ability of the applicant to raise research
25 funds and leverage public and private investment dollars to
26 support advanced and emerging scientific and technological
27 research and development projects.
28 9. The degree to which the applicant transfers
29 advanced and emerging sciences and technologies from its
30 laboratories to the commercial sector.
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1 10. The degree to which the applicant stimulates and
2 supports the creation of new ventures.
3 11. The existence of a plan to enhance academic
4 curricula by improving communication between academia and
5 industry.
6 12. The existence of a plan to increase the number,
7 quality, and retention rate of faculty and graduate students
8 in advancing and emerging science and technology-based
9 disciplines.
10 13. The existence of a plan to increase the likelihood
11 of faculty and graduate students pursuing private-sector
12 careers in the state.
13 14. The ability of the applicant to provide capital
14 facilities necessary to support research and development.
15 (d) To call for proposals, the board shall notify the
16 president or chief executive officer of the eligible entities
17 identified in paragraph (b). The board shall periodically
18 solicit proposals for Centers of Excellence.
19 (e) The board shall recommend to the Board of
20 Governors for approval and funding those proposals that meet
21 the criteria approved by the Board of Governors.
22 (f) If no proposal is judged worthy of approval during
23 a solicitation cycle, an approval need not be made. This act
24 does not establish a limit for an investment amount; however,
25 any approval for a single Center of Excellence exceeding $20
26 million must be documented to have superior prospects for
27 success in its field of research and offer outstanding
28 opportunities to leverage state dollars.
29 (7) ANNUAL REPORT.--The board, in cooperation with the
30 Board of Governors of the State University System and the
31 state universities or research centers receiving investments
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1 under this act, shall issue an annual report by December 31
2 each year of the activities conducted, including the
3 accomplishments and overall economic benefits to the state,
4 the number of 21st Century World Class Scholars attracted, the
5 number of Centers of Excellence created or expanded, the
6 success of collaborations with related industries, and the
7 success of these programs. The annual report shall be
8 presented to the Governor, the President of the Senate, and
9 the Speaker of the House of Representatives. The annual report
10 must include a copy of an independent audit of the board and a
11 review of the progress of programs administered by the board.
12 Section 2. For the 2006-2007 fiscal year, the sum of
13 $200 million is appropriated from nonrecurring general revenue
14 to the Board of Governors of the State University System, of
15 which $100 million shall be allocated for the 21st Century
16 World Class Scholars Program and $100 million for the Centers
17 of Excellence Program. Notwithstanding s. 216.301 and pursuant
18 to s. 216.351, Florida Statutes, any unexpended balance from
19 this appropriation shall be carried forward at the end of each
20 fiscal year until the 2009-2010 fiscal year. At the end of the
21 2009-2010 fiscal year, any remaining balance of this
22 appropriation which has not been disbursed by the Board of
23 Governors shall revert unallocated to the General Revenue
24 Fund.
25 Section 3. The following sums of money and full-time
26 equivalent positions are appropriated to the Board of
27 Governors of the State University System for the 2006-2007
28 fiscal year for the purpose of administering this act:
29 (1) Two full-time equivalent positions and $130,000 in
30 approved annual salary rate;
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1 (2) The sum of $162,959 from recurring general revenue
2 funds for salaries and benefits;
3 (3) The sum of $101,892 from recurring general revenue
4 funds for expenses;
5 (4) The sum of $3,800 from nonrecurring general
6 revenue funds for operating capital outlay; and
7 (5) The sum of $786 from recurring general revenue
8 funds for transfer to the Department of Management Services
9 for the Human Resource Services Statewide Contract.
10 Section 4. Section 1004.226, Florida Statutes, shall
11 expire on June 30, 2011.
12 Section 5. This act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2084
3
4 The committee substitute differs from the bill as filed in
that it:
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- Redefines "center of excellence" to make it applicable to
6 other entities besides state universities;
7 - Outlines the entities that are eligible to submit
proposals for a center of excellence including:
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- A state university;
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- A private university;
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- The H. Lee Moffitt Cancer Center and Research
11 Institute;
12 - The Florida Institute for Human and Machine
Cognition, Inc.; and
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- Any community college, training center or other
14 public or private research center in the state which
coordinates with a state university for purposes of
15 this act.
16 - Provides definitions for "community college" and "private
university";
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- Provides that the Florida Research and Technology Board
18 (board) will provide guidance to the Board of Governors
regarding implementation and administration of the
19 Centers of Excellence program, rather than implementing
and administering that program itself;
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- Provides that the board will recommend to the Board of
21 Governors the qualifications, standards and requirements
for approval of investments in Centers of Excellence,
22 rather than determining those factors itself;
23 - Removes the specification that resources allocated to
support world class scholars be used to co-fund
24 endowments for salaries and operating funds as well as
the purchase of equipment in support of the scholars'
25 research;
26 - Provides that the board, in collaboration with others,
will develop and recommend to the Board of Governors
27 criteria for the 21st Century World Class Scholars
program, rather than approving those criteria itself;
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- Explicitly requires that state universities raise a
29 minimum of $1 million to be eligible for state matching
funds to recruit a world class scholar;
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- Prohibits the use of state appropriations, student
31 tuition and fees, and state-funded contracts or grants by
universities for the one-to-one match by the state to
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1 support world class scholars;
2 - Removes language permitting endowment proceeds to be used
to supplement the salary and research expenses of a world
3 class scholar;
4 - Provides that funds shall be expended pursuant to an
expenditure plan approved by the Board of Governors;
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- Removes the requirement that Center of Excellence
6 applicants submit and demonstrate coordination with a
state university to be eligible for funding;
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- Removes language permitting the board to solicit
8 proposals for a Center of Excellence designed to meet
identified needs or capitalize on perceived technology
9 and research opportunities; and
10 - Requires that the board notify the President or Chief
Executive Officer of an eligible entity in order to
11 solicit proposals for Centers of Excellence.
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