Senate Bill sb2084c2

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    Florida Senate - 2006                    CS for CS for SB 2084

    By the Committees on Education Appropriations; Commerce and
    Consumer Services; and Senators Alexander, King, Klein, Crist
    and Lynn



    602-2443-06

  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         providing for the future repeal of the act;

17         providing an effective date.

18  

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

20  

21         Section 1.  Section 1004.226, Florida Statutes, is

22  created to read:

23         1004.226  The 21st Century Technology, Research, and

24  Scholarship Enhancement Act.--

25         (1)  LEGISLATIVE FINDINGS AND INTENT.--

26         (a)  The Legislature finds that diversifying this

27  state's economy requires a focus on building a growing base of

28  high-wage jobs and on nurturing those technologies and

29  clusters that will be the foundation of Florida's growing

30  economic diversity and prosperity.

31  

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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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    Florida Senate - 2006                    CS for CS for SB 2084
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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. Five

31  members shall be appointed by the Governor, one of whom the

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    Florida Senate - 2006                    CS for CS for SB 2084
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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. Three members shall

 5  be appointed by the President of the Senate and three members

 6  shall be appointed by the Speaker of the House of

 7  Representatives. Appointed members must be representative of

 8  business leaders, industrial researchers, academic

 9  researchers, scientists, and leaders in the emerging and

10  advanced technology sector. Appointed members may not serve

11  for more than 4 years and any vacancy that occurs during these

12  appointees' terms shall be filled in the same manner as the

13  original appointment. A majority of members constitutes a

14  quorum.

15         (b)  Members of the board shall serve without

16  compensation, but are entitled to receive reimbursement for

17  per diem and travel expenses in accordance with s. 112.061

18  while in the performance of their duties.

19         (c)  The Board of Governors shall provide staff support

20  for the activities of the board and per diem and travel

21  expenses for board members.

22         (d)  The board is charged with recommending criteria to

23  the Board of Governors for the 21st Century World Class

24  Scholars Program and with providing guidance to the Board of

25  Governors regarding the implementation and administration of

26  the Centers of Excellence Program. The board shall recommend

27  to the Board of Governors the qualifications, standards, and

28  requirements for approval of investments in Centers of

29  Excellence under this act. The board may form committees of

30  its members and is encouraged to consult with Enterprise

31  Florida, Inc., the Florida Research Consortium, Bio-Florida,

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 1  IT Florida, the Florida Aviation Aerospace Alliance, and any

 2  other entity whose input may be helpful in determining the

 3  requirements and standards for the program.

 4         (5)  THE 21ST CENTURY WORLD CLASS SCHOLARS PROGRAM.--

 5         (a)  This act allocates state matching funds to attract

 6  21st Century World Class Scholars to state universities.

 7         (b)  The 21st Century World Class Scholars Program

 8  shall be used as a tool to develop the state's capabilities in

 9  science and high-technology research, emphasizing Florida's

10  identified strengths in science and technology while also

11  recognizing new technologies as they may emerge.

12         (c)  The board, in consultation with senior

13  administrators of state universities, state university

14  foundation directors, the Office of Tourism, Trade, and

15  Economic Development, the board of directors of Enterprise

16  Florida, Inc., and leading members of private industry, shall

17  develop and recommend to the Board of Governors criteria for

18  the 21st Century World Class Scholars Program. Such criteria

19  shall address, at a minimum, the following:

20         1.  The presence of distinguished faculty members,

21  including whether the university has a substantial history of

22  external funding, along with the strong potential for

23  attracting a scholar of national or international eminence.

24         2.  The presence of academically outstanding students,

25  along with the promise and potential for attracting additional

26  highly qualified students.

27         3.  The presence of adequate research and scholarly

28  support services.

29         4.  The existence of an academic environment having

30  appropriate infrastructure, including buildings, classrooms,

31  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

31  

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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.

31  

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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.

31  

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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  $100 million is appropriated from nonrecurring general revenue

14  to the Board of Governors of the State University System, of

15  which $70 million shall be allocated for the 21st Century

16  World Class Scholars Program and $30 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.  Section 1004.226, Florida Statutes, shall

26  expire on June 30, 2011.

27         Section 4.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                    CS for CS for SB 2084
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2084

 3                                 

 4  Revises the number of appointments to the Florida Technology,
    Research and Scholarship Board, from seven by the Governor and
 5  two each by the Speaker of the House and President of the
    Senate, to five by the Governor and three each by the Speaker
 6  and the President.  Reduces the appropriation for the 21st
    Century World Class Scholars Program from $100 million to $70
 7  million, and reduces the appropriation for Centers of
    Excellence from $100 million to $30 million.  Deletes
 8  appropriations to the Board of Governors for the purpose of
    administering the provisions of the bill.
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