Senate Bill sb1844e2

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    CS for SB 1844                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to economic development;

  3         creating s. 240.72, F.S.; creating the "Florida

  4         Technology Development Act"; providing a

  5         definition; providing purposes and objectives

  6         of a center of excellence; defining terms;

  7         creating the Emerging Technology Commission;

  8         providing for membership, powers, and duties of

  9         the commission; providing for Florida Research

10         Consortium, Inc., to report to the commission

11         regarding factors contributing to the success

12         of the creation of a center of excellence;

13         requiring the commission to develop and approve

14         criteria for evaluating proposals related to

15         the creation of centers of excellence;

16         requiring the commission to solicit such

17         proposals from state universities; requiring

18         the commission to submit recommended plans to

19         the State Board of Education for establishing

20         centers of excellence in the state; providing

21         for the State Board of Education to develop and

22         approve a final plan for establishing centers

23         of excellence in the state and authorize

24         expenditures for plan implementation; providing

25         commission reporting requirements; providing an

26         expiration date; providing an appropriation for

27         commission staff support and certain

28         administrative expenses; amending s. 159.705,

29         F.S.; specifying that certain entities may

30         operate a project located in a research and

31         development park and financed under the Florida


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    CS for SB 1844                                Second Engrossed



  1         Industrial Development Financing Act; amending

  2         s. 445.045, F.S.; reassigning responsibility

  3         for development and maintenance of an

  4         information technology promotion and workforce

  5         recruitment website to Workforce Florida, Inc.;

  6         requiring consistency and compatibility with

  7         other information systems; authorizing

  8         Workforce Florida, Inc., to secure website

  9         services from outside entities; requiring

10         coordination of the information technology

11         website with other marketing, promotion, and

12         advocacy efforts; authorizing Workforce

13         Florida, Inc., to act through the Agency for

14         Workforce Innovation in fulfilling its

15         responsibilities related to the website;

16         directing the agency to provide services to

17         Workforce Florida, Inc.; authorizing a

18         demonstration program to be called Learning

19         Gateway; creating a steering committee;

20         providing for membership and appointment of

21         steering committee members; establishing duties

22         of the steering committee; authorizing

23         demonstration projects in specified counties;

24         authorizing designated agencies to provide

25         confidential information to such program;

26         providing for funding; providing a short title;

27         amending s. 125.0104, F.S.; providing that the

28         additional tax authorized for bonds for a

29         professional sports franchise facility, a

30         retained spring training franchise facility, or

31         a convention center, and for operation and


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    CS for SB 1844                                Second Engrossed



  1         maintenance costs of a convention center, and

  2         the additional tax authorized for bonds for

  3         facilities for a new professional sports

  4         franchise or a retained spring training

  5         franchise, may also be used to promote and

  6         advertise tourism; amending s. 240.2605, F.S.;

  7         creating an account within the Trust Fund for

  8         Major Gifts for the deposit of funds

  9         appropriated as state match for qualified sales

10         tax exemptions that a certified business

11         designates for use by state universities and

12         community colleges to support research and

13         development projects requested by the certified

14         business pursuant to s. 212.08(5)(j), F.S.;

15         authorizing specified criteria to be used in a

16         presently required legislative review of

17         certain technology programs; providing for the

18         Office of Program Policy Analysis and

19         Government Accountability to conduct such

20         review; providing an effective date.

21

22         WHEREAS, the commercialization of technologies

23  developed in academic laboratories and research centers

24  through the application of new innovations is critical for

25  Florida to maintain a competitive economy, and

26         WHEREAS, the development of high-technology industries

27  in Florida, including artificial intelligence/human-centered

28  computing, information technology and communications,

29  biotechnology, bioinformatics, biomedical, electro-optics,

30  life science, nanotechnology, and computer simulation, is

31  critical to the long-term economic vitality of this state, and


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  1         WHEREAS, high-technology industries will further

  2  diversify and strengthen the Florida economy and complement

  3  industries already recognized as being critical to Florida's

  4  economic health, and

  5         WHEREAS, attracting leading scholars and researchers in

  6  advanced and emerging technology disciplines to Florida's

  7  universities is critical to building Florida's knowledge base,

  8  and

  9         WHEREAS, promoting collaboration among academic and

10  industrial researchers, scientists, and engineers is essential

11  to the process of commercializing knowledge gained through

12  applied research, and

13         WHEREAS, centers of excellence within, and in

14  collaboration with, the State University System would provide

15  an infrastructure for recruiting and retaining world-class

16  faculty, increasing the number of graduates in advanced and

17  emerging technology programs, increasing the amount of base

18  and applied research conducted in Florida, incubating new

19  companies, developing new educational and industrial

20  applications for such research, helping Florida's businesses

21  adopt emerging technologies, and developing a highly skilled,

22  high-wage workforce, NOW, THEREFORE,

23

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

25

26         Section 1.  Section 240.72, Florida Statutes, is

27  created to read:

28         240.72  Florida Technology Development Act.--

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

30  Technology Development Act."

31


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  1         (2)  "Center of excellence," as used in this section,

  2  means an organization of personnel, facilities, and equipment

  3  established at or in collaboration with one or more

  4  universities in Florida to accomplish the purposes and

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

  6  center of excellence include:

  7         (a)  Identifying and pursuing opportunities for

  8  university scholars, research center scientists and engineers,

  9  and private businesses to form collaborative partnerships to

10  foster and promote the research required to develop

11  commercially promising, advanced, and innovative technologies

12  and to transfer those technologies to commercial sectors.

13         (b)  Acquiring and leveraging public and private-sector

14  funding to provide the totality of funds, personnel,

15  facilities, equipment, and other resources needed to support

16  the research required to develop commercially promising,

17  advanced, and innovative technologies and to transfer those

18  technologies to commercial sectors.

19         (c)  Recruiting and retaining world-class scholars,

20  high-performing students, and leading scientists and engineers

21  in technology disciplines to engage in research in this state

22  to develop commercially promising, advanced, and innovative

23  technologies.

24         (d)  Enhancing and expanding technology curricula and

25  laboratory resources at universities and research centers in

26  this state.

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

28  in technology disciplines who graduate from universities in

29  this state and pursue careers in this state.

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

31  and diversification of technology-based businesses and


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  1  ventures in Florida and increasing employment opportunities

  2  for the workforce needed to support such businesses.

  3         (3)  Subject to legislative appropriation, the Emerging

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

  5  Executive Office of the Governor to guide the establishment of

  6  centers of excellence.

  7         (a)  The commission shall consist of five regular

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

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

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

11  appointed by the Speaker of the House of Representatives;

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

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

14  Commissioner of Education as an ex officio nonvoting member;

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

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

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

18  members shall be business leaders, industrial researchers,

19  academic researchers, scientists, or engineers who have been

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

21  technology sectors. Regular members must be appointed on or

22  before July 1, 2002.

23         (b)  Members of the commission shall serve without

24  compensation but shall be entitled to receive per diem and

25  travel expenses in accordance with s. 112.061 while in

26  performance of their duties.

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

28  staff support for the activities of the commission and per

29  diem and travel expenses for commission members.

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

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


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  1  in detail and prioritizes factors that contribute to the

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

  3  minimum, the report should describe and prioritize the

  4  following factors:

  5         (a)  Maturity of existing university programs relating

  6  to a proposed center of excellence.

  7         (b)  Existing amount of university resources dedicated

  8  to activities relating to a proposed center of excellence.

  9         (c)  Comprehensiveness and effectiveness of site plans

10  relating to a proposed center of excellence.

11         (d)  Regional economic structure and climate.

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

13  a center of excellence identifies and seizes opportunities to

14  collaborate with other public or private entities for research

15  purposes.

16         (f)  The presence of a comprehensive performance and

17  accountability measurement system.

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

19  strategy utilizing multiple levels of the educational system.

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

21  center of excellence to raise research funds and leverage

22  public and private investment dollars to support advanced and

23  emerging technological research and development projects.

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

25  a center of excellence transfers advanced and emerging

26  technologies from its laboratories to the commercial sector.

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

28  a center of excellence stimulates and supports new venture

29  creation.

30

31


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

  2  curricula by improving communication between academia and

  3  industry.

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

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

  6  eminent scholars in advanced and emerging technology-based

  7  disciplines.

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

  9  of faculty, graduate students, and eminent scholars pursuing

10  private-sector careers in the state.

11         (n)  Ability to provide capital facilities necessary to

12  support research and development.

13         (5)  By September 15, 2002, the commission shall

14  develop and approve criteria for evaluating proposals

15  submitted under subsection (6). When developing such criteria,

16  the commission shall consider the report provided by Florida

17  Research Consortium, Inc., under subsection (4) and hold at

18  least two public hearings, at times and locations designated

19  by the chair of the commission, for the purpose of soliciting

20  expert testimony. By October 1, 2002, the commission shall

21  provide a list of such criteria to each university in the

22  State University System and to the State Technology Office for

23  publishing on the Internet within 24 hours after the office's

24  receipt of the list.

25         (6)  Concurrent with the provision of the list of

26  criteria to the universities, the commission shall notify each

27  university, in writing, of the opportunity to submit to the

28  commission written proposals for establishing one or more

29  centers of excellence. Proposals must specifically address the

30  evaluation criteria developed by the commission and delineate

31  how funding would be used to develop one or more centers of


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  1  excellence. Proposals must be submitted to the commission by

  2  December 1, 2002. Notwithstanding this deadline, the

  3  commission, upon an affirmative vote of a majority of its

  4  members, may accept a proposal submitted after the deadline.

  5         (7)  By February 1, 2003, the commission shall submit

  6  to the State Board of Education a minimum of two, but no more

  7  than five, recommended plans for the establishment of one or

  8  more centers of excellence in the state. Recommended plans

  9  must specifically address the evaluation criteria developed by

10  the commission and delineate how funding would be used to

11  develop one or more centers of excellence. When developing

12  such recommended plans, the commission shall consider the

13  university proposals submitted under subsection (6) and hold

14  at least three public hearings, at times and locations

15  designated by the chair of the commission, for the purpose of

16  soliciting expert testimony including, but not limited to,

17  viewing presentations of university proposals.

18         (8)  By March 15, 2003, the State Board of Education

19  shall develop and approve a final plan for the establishment

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

21  authorize expenditures for implementation of the plan. The

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

23  of excellence established by the plan. When developing this

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

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

26  least one public hearing for the purpose of soliciting expert

27  testimony. The final plan must include performance and

28  accountability measures that can be used to assess the

29  progress of plan implementation and the success of the centers

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

31  2003, the board shall provide a copy of the final plan to the


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

  2  House of Representatives.

  3         (9)  Beginning June 30, 2003, the commission shall

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

  5  on the progress of the implementation of the final plan

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

  7  of excellence established under that plan.

  8         (10)  This section expires July 1, 2004.

  9         Section 2.  The sum of $50,000 is appropriated from the

10  General Revenue Fund to the Executive Office of the Governor

11  for the 2002-2003 fiscal year for the purpose of providing

12  staff support to the Emerging Technology Commission and per

13  diem and travel expenses for commission members.

14         Section 3.  Subsection (10) of section 159.705, Florida

15  Statutes, is amended to read:

16         159.705  Powers of the authority.--The authority is

17  authorized and empowered:

18         (10)  Other provisions of law to the contrary

19  notwithstanding, to acquire by lease, without consideration,

20  purchase, or option any lands owned, administered, managed,

21  controlled, supervised, or otherwise protected by the state or

22  any of its agencies, departments, boards, or commissions for

23  the purpose of establishing a research and development park,

24  subject to being first designated a research and development

25  authority under the provisions of ss. 159.701-159.7095.  The

26  authority may cooperate with state and local political

27  subdivisions and with private profit and nonprofit entities to

28  implement the public purposes set out in s. 159.701.  Such

29  cooperation may include agreements for the use of the

30  resources of state and local political subdivisions, agencies,

31  or entities on a fee-for-service basis or on a cost-recovery


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  1  basis. Notwithstanding any other provision of this chapter, a

  2  project that is located in a research and development park and

  3  is financed under the provisions of the Florida Industrial

  4  Development Financing Act may be operated by a research and

  5  development authority, a state university, a Florida community

  6  college, or a governmental agency if the purpose and operation

  7  of the project is consistent with the purposes and policies

  8  specified in ss. 159.701-159.7095.

  9         Section 4.  Section 445.045, Florida Statutes, is

10  amended to read:

11         445.045  Development of an Internet-based system for

12  information technology industry promotion and workforce

13  recruitment.--

14         (1)  Workforce Florida, Inc., is responsible for

15  directing The Department of Labor and Employment Security

16  shall facilitate efforts to ensure the development and

17  maintenance of a website that promotes and markets the

18  information technology industry in this state. The website

19  shall be designed to inform the public concerning the scope of

20  the information technology industry in the state and shall

21  also be designed to address the workforce needs of the

22  industry. The website shall include, through links or actual

23  content, information concerning information technology

24  businesses in this state, including links to such businesses;

25  information concerning employment available at these

26  businesses; and the means by which a jobseeker may post a

27  resume on the website.

28         (2)  Workforce Florida, Inc., The Department of Labor

29  and Employment Security shall coordinate with the State

30  Technology Office and the Agency for Workforce Innovation

31  Workforce Development Board of Enterprise Florida, Inc., to


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  1  ensure links, where feasible and appropriate, to existing job

  2  information websites maintained by the state and state

  3  agencies and to ensure that information technology positions

  4  offered by the state and state agencies are posted on the

  5  information technology website.

  6         (3)  Workforce Florida, Inc., shall ensure that the

  7  website developed and maintained under this section is

  8  consistent, compatible, and coordinated with the workforce

  9  information systems required under s. 445.011, including, but

10  not limited to, the automated job-matching information system

11  for employers, job seekers, and other users.

12         (4)(a)  Workforce Florida, Inc., shall coordinate

13  development and maintenance of the website under this section

14  with the state's Chief Information Officer in the State

15  Technology Office to ensure compatibility with the state's

16  information system strategy and enterprise architecture.

17         (b)  Workforce Florida, Inc., may enter into an

18  agreement with the State Technology Office, the Agency for

19  Workforce Innovation, or any other public agency with the

20  requisite information technology expertise for the provision

21  of design, operating, or other technological services

22  necessary to develop and maintain the website.

23         (c)  Workforce Florida, Inc., may procure services

24  necessary to implement the provisions of this section, if it

25  employs competitive processes, including requests for

26  proposals, competitive negotiation, and other competitive

27  processes to ensure that the procurement results in the most

28  cost-effective investment of state funds.

29         (5)  In furtherance of the requirements of this section

30  that the website promote and market the information technology

31  industry by communicating information on the scope of the


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  1  industry in this state, Workforce Florida, Inc., shall

  2  coordinate its efforts with the high-technology industry

  3  marketing efforts of Enterprise Florida, Inc., under s.

  4  288.911. Through links or actual content, the website

  5  developed under this section shall serve as a forum for

  6  distributing the marketing campaign developed by Enterprise

  7  Florida, Inc., under s. 288.911. In addition, Workforce

  8  Florida, Inc., shall solicit input from the not-for-profit

  9  corporation created to advocate on behalf of the information

10  technology industry as an outgrowth of the Information Service

11  Technology Development Task Force created under chapter

12  99-354, Laws of Florida.

13         (6)  In fulfilling its responsibilities under this

14  section, Workforce Florida, Inc., may enlist the assistance of

15  and act through the Agency for Workforce Innovation. The

16  agency is authorized and directed to provide the services that

17  Workforce Florida, Inc., and the agency consider necessary to

18  implement this section.

19         Section 5.  Learning Gateway.--

20         (1)  PROGRAM  GOALS.--The Legislature authorizes a

21  3-year demonstration program, to be called the Learning

22  Gateway, the purpose of which is to provide parents access to

23  information, referral, and services to lessen the effects of

24  learning disabilities in children from birth to age 9.

25  Parental consent shall be required for initial contact and

26  referral for evaluation and services provided through the

27  Learning Gateway. Each pilot program must design and test an

28  integrated, community-based system to help parents identify

29  learning problems and access early-education and intervention

30  services in order to minimize or prevent learning

31  disabilities. The Learning Gateway must be available to


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  1  parents in the settings where they and their children live,

  2  work, seek care, or study. The goals of the Learning Gateway

  3  are to:

  4         (a)  Improve community awareness and education of

  5  parents and practitioners about the warning signs or

  6  precursors of learning problems and learning disabilities,

  7  including disorders or delayed development in language,

  8  attention, behavior, and social-emotional functioning,

  9  including dyslexia and attention deficit hyperactivity

10  disorder, in children from birth through age 9.

11         (b)  Improve access for children who are experiencing

12  early learning problems and their families to appropriate

13  programs, services, and supports through improved outreach and

14  referral processes among providers.

15         (c)  Improve developmental monitoring and the

16  availability to parents of appropriate screening resources,

17  with emphasis on children from birth through age 9 who are at

18  high risk of having learning problems.

19         (d)  Improve the availability to parents of appropriate

20  education and intervention programs, services, and supports to

21  address learning problems and learning disabilities.

22         (e)  Identify gaps in the array of services and

23  supports so that an appropriate child-centered and

24  family-centered continuum of education and support would be

25  readily available in each community.

26         (f)  Improve accountability of the system through

27  improved planning, integration, and collaboration among

28  providers and through outcome measurement in collaboration

29  with parents.

30         (2)  LEARNING GATEWAY STEERING COMMITTEE.--

31


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  1         (a)  To ensure that parents of children with potential

  2  learning problems and learning disabilities have access to the

  3  appropriate necessary services and supports, an 18-member

  4  steering committee is created. The steering committee is

  5  assigned to the Department of Education for administrative

  6  purposes.

  7         (b)  The duties of the Learning Gateway Steering

  8  Committee are to provide policy development, consultation,

  9  oversight, and support for the implementation of three

10  demonstration programs and to advise the agencies, the

11  Legislature, and the Governor on statewide implementation of

12  system components and issues and on strategies for continuing

13  improvement to the system.

14         (c)  The steering committee shall direct the

15  administering agency of the Learning Gateway program to expend

16  the funds appropriated for the steering committee's use to

17  procure the products delineated in section 6 of this act

18  through contracts or other means. The steering committee and

19  the Learning Gateway pilot programs will provide information

20  and referral for services but will not provide direct services

21  to parents or children.

22         (d)  The steering committee must include parents,

23  service providers, and representatives of the disciplines

24  relevant to diagnosis of and intervention in early learning

25  problems. The Governor shall appoint one member from the

26  private sector who has expertise in communications, management

27  or service provision, one member who has expertise in

28  children's vision, one member who has expertise in learning

29  disabilities, one member who has expertise in audiology, one

30  member who is a parent of a child eligible for services by the

31  Learning Gateway, and one provider of related diagnostic and


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  1  intervention services. The President of the Senate shall

  2  appoint one member from the private sector who has expertise

  3  in communications, management or service provision, one member

  4  who has expertise in emergent literacy, one member who has

  5  expertise in pediatrics, one member who has expertise in brain

  6  development, one member who is a parent of a child eligible

  7  for services by the Learning Gateway, and one member who is a

  8  provider of related diagnostic and intervention services. The

  9  Speaker of the House of Representatives shall appoint one

10  member from the private sector who has expertise in

11  communications, management or service provision, one member

12  who has expertise in environmental health and allergies, one

13  member who has expertise in children's nutrition, one member

14  who has expertise in family medicine, one parent of a child

15  eligible for services by the Learning Gateway, and one member

16  who is a school psychologist providing diagnostic and

17  intervention services.

18         (e)  To support and facilitate system improvements, the

19  steering committee must consult with representatives from the

20  Department of Education, the Department of Health, the Florida

21  Partnership for School Readiness, the Department of Children

22  and Family Services, the Agency for Health Care

23  Administration, the Department of Juvenile Justice, and the

24  Department of Corrections and the director of the Learning

25  Development and Evaluation Center of Florida Agricultural and

26  Mechanical University.

27         (f)  Steering committee appointments must be made, and

28  the committee must hold its first meeting, within 90 days

29  after this act takes effect. Steering committee members shall

30  be appointed to serve a term of 3 years. The Governor shall

31  designate the chairman of the steering committee.


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  1         (g)  Steering committee members shall not receive

  2  compensation for their services, but may receive reimbursement

  3  for travel expenses incurred under section 112.061, Florida

  4  Statutes.

  5         (3)  LEARNING GATEWAY DEMONSTRATION PROJECTS.--

  6         (a)  Within 90 days after its initial meeting, the

  7  Learning Gateway Steering Committee shall accept proposals

  8  from interagency consortia in Orange, Manatee, and St. Lucie

  9  counties which comprise public and private providers,

10  community agencies, business representatives, and the local

11  school board in each county to serve as demonstration sites

12  for design and development of a system that addresses the

13  requirements in section 6 of this act. If there is no proposal

14  from one of the designated counties, the steering committee

15  may select another county to serve as a demonstration site by

16  majority vote.

17         (b)  The proposals for demonstration projects must

18  provide a comprehensive and detailed description of the system

19  of care. The description of the proposed system of care must

20  clearly indicate the point of access for parents, integration

21  of services, linkages of providers, and additional array of

22  services required to address the needs of children and

23  families.

24         (c)  The demonstration projects should ensure that the

25  system of care appropriately includes existing services to the

26  fullest extent possible and should determine additional

27  programs, services, and supports that would be necessary to

28  implement the requirements of this act.

29         (d)  The projects, in conjunction with the steering

30  committee, shall determine what portion of the system can be

31


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  1  funded using existing funds, demonstration funds provided by

  2  this act, and other available private and community funds.

  3         (e)  The demonstration projects shall recommend to the

  4  steering committee the linking or combining of some or all of

  5  the local planning bodies, including school readiness

  6  coalitions, Healthy Start coalitions, Part C advisory

  7  councils, Department of Children and Family Services community

  8  alliances, and other boards or councils that have a primary

  9  focus on services for children from birth to age 9, to the

10  extent allowed by federal regulations, if such changes would

11  improve coordination and reduce unnecessary duplication of

12  effort.

13         (f)  Demonstration projects shall use public and

14  private partnerships, partnerships with faith-based

15  organizations, and volunteers, as appropriate, to enhance

16  accomplishment of the goals of the system.

17         (g)  Addressing system components delineated in section

18  6 of this act, each demonstration project proposal must

19  include, at a minimum:

20         1.  Protocols for requiring and receiving parental

21  consent for Learning Gateway services.

22         2.  A method for establishing communication with

23  parents and coordination and planning processes within the

24  community.

25         3.  Action steps for making appropriate linkages to

26  existing services within the community.

27         4.  Procedures to determine gaps in services and

28  identify appropriate providers.

29         5.  A lead agency to serve as the system access point,

30  or gateway.

31


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    CS for SB 1844                                Second Engrossed



  1         (h)  As authorized under the budget authority of the

  2  Department of Education, demonstration projects,

  3  representative of the diversity of the communities in this

  4  state, shall be established in Manatee, Orange, and St. Lucie

  5  counties as local Learning Gateway sites and shall be

  6  authorized to hire staff, establish office space, and contract

  7  for administrative services as needed to implement the project

  8  within the budget designated by the Legislature.

  9         (i)  The steering committee must approve, deny, or

10  conditionally approve a Learning Gateway proposal within 60

11  days after receipt of the proposal. If a proposal is

12  conditionally approved, the steering committee must assist the

13  Learning Gateway applicant to correct deficiencies in the

14  proposal by December 1, 2002. Funds must be available to a

15  pilot program 15 days after final approval of its proposal by

16  the steering committee. Funds must be available to all pilot

17  programs by January 1, 2003.

18         Section 6.  Components of the Learning Gateway.--

19         (1)  The Learning Gateway system consists of the

20  following components:

21         (a)  Community education strategies and family-oriented

22  access.--

23         1.  Each local demonstration project shall establish

24  the system access point, or gateway, by which parents can

25  receive information about available appropriate services.  An

26  existing public or private agency or provider or new provider

27  may serve as the system gateway. The local Learning Gateway

28  should provide parents and caretakers with a single point of

29  access for screening, assessment, and referral for services

30  for children from birth through age 9. The demonstration

31  projects have the budgetary authority to hire appropriate


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    CS for SB 1844                                Second Engrossed



  1  personnel to perform administrative functions. These staff

  2  members must be knowledgeable about child development, early

  3  identification of learning problems and learning disabilities,

  4  family service planning, and services in the local area. Each

  5  demonstration project must arrange for the following services

  6  to be provided by existing service systems:

  7         a.  Conducting intake with families.

  8         b.  Conducting appropriate screening or referral for

  9  such services.

10         c.  Conducting needs/strengths-based family assessment.

11         d.  Developing family resource plans.

12         e.  Making referrals for needed services and assisting

13  families in the application process.

14         f.  Providing service coordination as needed by

15  families.

16         g.  Assisting families in establishing a medical home.

17         h.  Conducting case management and transition planning

18  as necessary.

19         i.  Monitoring performance of service providers against

20  appropriate standards.

21         2.  The Learning Gateway Steering Committee and

22  demonstration projects shall designate a central information

23  and referral access phone number for parents in each pilot

24  community. This centralized phone number should be used to

25  increase public awareness and to improve access to local

26  supports and services for children from birth through age 9

27  and their families. The number should be highly publicized as

28  the primary source of information on services for young

29  children. The telephone staff should be trained and supported

30  to offer accurate and complete information and to make

31


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    CS for SB 1844                                Second Engrossed



  1  appropriate referrals to existing public and private community

  2  agencies.

  3         3.  In collaboration with local resources such as

  4  Healthy Start, the demonstration projects shall develop

  5  strategies for offering hospital visits or home visits by

  6  trained staff to new mothers. The Learning Gateway Steering

  7  Committee shall provide technical assistance to local

  8  demonstration projects in developing brochures and other

  9  materials to be distributed to parents of newborns.

10         4.  In collaboration with other local resources, the

11  demonstration projects shall develop public awareness

12  strategies to disseminate information about developmental

13  milestones, precursors of learning problems and other

14  developmental delays, and the service system that is

15  available. The information should target parents of children

16  from birth through age 9 and should be distributed to parents,

17  health care providers, and caregivers of children from birth

18  through age 9. A variety of media should be used as

19  appropriate, such as print, television, radio, and a

20  community-based internet web site, as well as opportunities

21  such as those presented by parent visits to physicians for

22  well-child check-ups. The Learning Gateway Steering Committee

23  shall provide technical assistance to the local demonstration

24  projects in developing and distributing educational materials

25  and information.

26         a.  Public awareness strategies targeting parents of

27  children from birth through age 5 shall be designed to provide

28  information to public and private preschool programs,

29  childcare providers, pediatricians, parents, and local

30  businesses and organizations. These strategies should include

31  information on the school readiness performance standards for


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    CS for SB 1844                                Second Engrossed



  1  kindergarten adopted by the School Readiness Partnership

  2  Board.

  3         b.  Public awareness strategies targeting parents of

  4  children from ages 6 through 9 must be designed to disseminate

  5  training materials and brochures to parents and public and

  6  private school personnel, and must be coordinated with the

  7  local school board and the appropriate school advisory

  8  committees in the demonstration projects. The materials should

  9  contain information on state and district proficiency levels

10  for grades K-3.

11         (b)  Screening and developmental monitoring.--

12         1.  In coordination with the Partnership for School

13  Readiness, the Department of Education, and the Florida

14  Pediatric Society, and using information learned from the

15  local demonstration projects, the Learning Gateway Steering

16  Committee shall establish guidelines for screening children

17  from birth through age 9. The guidelines should incorporate

18  recent research on the indicators most likely to predict early

19  learning problems, mild developmental delays, child-specific

20  precursors of school failure, and other related developmental

21  indicators in the domains of cognition; communication;

22  attention; perception; behavior; and social, emotional,

23  sensory, and motor functioning.

24         2.  Based on the guidelines established by the steering

25  committee and in cooperation with the Florida Pediatric

26  Society, the steering committee shall adopt a comprehensive

27  checklist for child healthcare checkups and a corresponding

28  training package for physicians and other medical personnel in

29  implementing more effective screening for precursors of

30  learning problems, learning disabilities, and mild

31  developmental delays.


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    CS for SB 1844                                Second Engrossed



  1         3.  Using the screening guidelines developed by the

  2  steering committee, local demonstration projects should engage

  3  local physicians and other medical professionals in enhancing

  4  the screening opportunities presented by immunization visits

  5  and other well-child appointments, in accordance with the

  6  American Academy of Pediatrics Periodicity Schedule.

  7         4.  Using the screening guidelines developed by the

  8  steering committee, the demonstration projects shall develop

  9  strategies to increase early identification of precursors to

10  learning problems and learning disabilities through providing

11  parents the option of improved screening and referral

12  practices within public and private early care and education

13  programs and K-3 public and private school settings.

14  Strategies may include training and technical assistance teams

15  to assist program providers and teachers. The program shall

16  collaborate appropriately with the school readiness

17  coalitions, local school boards, and other community resources

18  in arranging training and technical assistance for early

19  identification and screening with parental consent.

20         5.  The demonstration project shall work with

21  appropriate local entities to reduce the duplication of

22  cross-agency screening in each demonstration project area.

23  Demonstration projects shall provide opportunities for public

24  and private providers of screening and assessment at each age

25  level to meet periodically to identify gaps or duplication of

26  efforts in screening practices.

27         6.  Based on technical assistance and support provided

28  by the steering committee and in conjunction with the school

29  readiness coalitions and other appropriate entities,

30  demonstration projects shall develop a system to log the

31  number of children screened, assessed, and referred for


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    CS for SB 1844                                Second Engrossed



  1  services. After development and testing, tracking should be

  2  supported by a standard electronic data system for screening

  3  and assessment information.

  4         7.  In conjunction with the technical assistance of the

  5  steering committee, demonstration projects shall develop a

  6  system for targeted screening. The projects should conduct a

  7  needs assessment of existing services and programs where

  8  targeted screening programs should be offered. Based on the

  9  results of the needs assessment, the project shall develop

10  procedures within the demonstration community whereby periodic

11  developmental screening could be offered to parents of

12  children from birth through age 9 who are served by state

13  intervention programs or whose parents or caregivers are in

14  state intervention programs. Intervention programs for

15  children, parents, and caregivers include those administered

16  or funded by the:

17         a.  Agency for Health Care Administration;

18         b.  Department of Children and Family Services;

19         c.  Department of Corrections and other criminal

20  justice programs;

21         d.  Department of Education;

22         e.  Department of Health; and

23         f.  Department of Juvenile Justice.

24         8.  When results of screening suggest developmental

25  problems, potential learning problems, or learning

26  disabilities, the intervention program shall inform the

27  child's parent of the results of the screening and shall offer

28  to refer the child to the Learning Gateway for coordination of

29  further assessment. If the parent chooses to have further

30  assessment, the Learning Gateway shall make referrals to the

31  appropriate entities within the service system.


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    CS for SB 1844                                Second Engrossed



  1         9.  The local Learning Gateway shall provide for

  2  followup contact to all families whose children have been

  3  found ineligible for services under Part B or Part C of the

  4  IDEA to inform them of other services available in the county.

  5         10.  Notwithstanding any law to the contrary, each

  6  agency participating in the Learning Gateway is authorized to

  7  provide to a Learning Gateway program confidential information

  8  exempt from disclosure under chapter 119, Florida Statutes,

  9  regarding a developmental screening on any child participating

10  in the Learning Gateway who is or has been the subject of a

11  developmental screening within the jurisdiction of each

12  agency.

13         (c)  Early education, services and supports.--

14         1.  The demonstration projects shall develop a

15  conceptual model system of care that builds upon, integrates,

16  and fills the gaps in existing services. The model shall

17  indicate how qualified providers of family-based or

18  center-based interventions or public and private school

19  personnel may offer services in a manner consistent with the

20  standards established by their profession and by the standards

21  and criteria adopted by the steering committee and consistent

22  with effective and proven strategies. The specific services

23  and supports may include:

24         a.  High-quality early education and care programs.

25         b.  Assistance to parents and other caregivers, such as

26  home-based modeling programs for parents and play programs to

27  provide peer interactions.

28         c.  Speech and language therapy that is

29  age-appropriate.

30         d.  Parent education and training.

31


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    CS for SB 1844                                Second Engrossed



  1         e.  Comprehensive medical screening and referral with

  2  biomedical interventions as necessary.

  3         f.  Referral as needed for family therapy, other mental

  4  health services, and treatment programs.

  5         g.  Family support services as necessary.

  6         h.  Therapy for learning differences in reading and

  7  math, and attention to subject material for children in grades

  8  K-3.

  9         i.  Referral for Part B or Part C services as required.

10         j.  Expanded access to community-based services for

11  parents.

12         k.  Parental choice in the provision of services by

13  public and private providers.

14

15  The model shall include a statement of the cost of

16  implementing the model.

17         2.  Demonstration projects shall develop strategies to

18  increase the use of appropriate intervention practices with

19  children who have learning problems and learning disabilities

20  within public and private early care and education programs

21  and K-3 public and private school settings. Strategies may

22  include training and technical assistance teams. Intervention

23  must be coordinated and must focus on providing effective

24  supports to children and their families within their regular

25  education and community environment. These strategies must

26  incorporate, as appropriate, school and district activities

27  related to the student's academic improvement plan and must

28  provide parents with greater access to community-based

29  services that should be available beyond the traditional

30  school day. Academic expectations for public school students

31  in grades K-3 must be based upon the local school board's


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    CS for SB 1844                                Second Engrossed



  1  adopted proficiency levels. When appropriate, school personnel

  2  shall consult with the local Learning Gateway to identify

  3  other community resources for supporting the child and the

  4  family.

  5         3.  The steering committee, in cooperation with the

  6  Department of Children and Family Services, the Department of

  7  Education, and the Florida Partnership for School Readiness,

  8  shall identify the elements of an effective research-based

  9  curriculum for early care and education programs.

10         4.  The steering committee, in conjunction with the

11  demonstration projects, shall develop processes for

12  identifying and sharing promising practices and shall showcase

13  these programs and practices at a dissemination conference.

14         5.  The steering committee shall establish processes

15  for facilitating state and local providers' ready access to

16  information and training concerning effective instructional

17  and behavioral practices and interventions based on advances

18  in the field and for encouraging researchers to regularly

19  guide practitioners in designing and implementing

20  research-based practices. The steering committee shall assist

21  the demonstration projects in conducting a conference for

22  participants in the three demonstration projects for the

23  dissemination of information on best practices and new

24  insights about early identification, education, and

25  intervention for children from birth through age 9. The

26  conference should be established so that continuing education

27  credits may be awarded to medical professionals, teachers, and

28  others for whom this is an incentive.

29         6.  Demonstration projects shall investigate and may

30  recommend to the steering committee more effective resource

31  allocation and flexible funding strategies if such strategies


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    CS for SB 1844                                Second Engrossed



  1  are in the best interest of the children and families in the

  2  community. The Department of Education and other relevant

  3  agencies shall assist the demonstration projects in securing

  4  state and federal waivers as appropriate.

  5         Section 7.  Accountability.--

  6         (1)  The steering committee shall provide information

  7  to the School Readiness Estimating Conference and the

  8  Enrollment Conference for Public Schools regarding estimates

  9  of the population of children from birth through age 9 who are

10  at risk of learning problems and learning disabilities.

11         (2)  The steering committee, in conjunction with the

12  demonstration projects, shall develop accountability

13  mechanisms to ensure that the demonstration programs are

14  effective and that resources are used as efficiently as

15  possible. Accountability should be addressed through a

16  multilevel evaluation system, including measurement of

17  outcomes and operational indicators. Measurable outcomes must

18  be developed to address improved child development, improved

19  child health, and success in school. Indicators of system

20  improvements must be developed to address quality of programs

21  and integration of services. Agency monitoring of programs

22  shall include a review of child and family outcomes and system

23  effectiveness indicators with a specific focus on elimination

24  of unnecessary duplication of planning, screening, and

25  services.

26         (3)  The steering committee shall oversee a formative

27  evaluation of the project during implementation, including

28  reporting short-term outcomes and system improvements. By

29  January 2005, the steering committee shall make

30  recommendations to the Governor, the President of the Senate,

31  the Speaker of the House of Representatives, and the


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    CS for SB 1844                                Second Engrossed



  1  Commissioner of Education related to the merits of expansion

  2  of the demonstration projects.

  3         (4)  By January 1, 2005, the steering committee, in

  4  conjunction with the demonstration projects, shall develop a

  5  model county-level strategic plan to formalize the goals,

  6  objectives, strategies, and intended outcomes of the

  7  comprehensive system, and to support the integration and

  8  efficient delivery of all services and supports for parents of

  9  children from birth through age 9 who have learning problems

10  or learning disabilities. The model county-level strategic

11  plan must include, but need not be limited to, strategies to:

12         (a)  Establish a system whereby parents can access

13  information about learning problems in young children and

14  receive services at their discretion;

15         (b)  Improve early identification of those who are at

16  risk for learning problems and learning disabilities;

17         (c)  Provide access to an appropriate array of services

18  within the child's natural environment or regular classroom

19  setting or specialized training in other settings;

20         (d)  Improve and coordinate screening for children from

21  birth through age 9;

22         (e)  Improve and coordinate services for children from

23  birth through age 9;

24         (f)  Address training of professionals in effectively

25  identifying factors, across all domains, which place children

26  from birth through age 9 at risk of school failure and in

27  appropriate interventions for the learning differences;

28         (g)  Provide appropriate support to families;

29         (h)  Share best practices with caregivers and referral

30  sources;

31


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    CS for SB 1844                                Second Engrossed



  1         (i)  Address resource needs of the assessment and

  2  intervention system; and

  3         (j)  Address development of implementation plans to

  4  establish protocols for requiring and receiving parental

  5  consent for services; to identify action steps, responsible

  6  parties, and implementation schedules; and to ensure

  7  appropriate alignment with agency strategic plans.

  8         Section 8.  The Legislature shall appropriate a sum of

  9  money to fund the demonstration programs and shall authorize

10  selected communities to blend funding from existing programs

11  to the extent that this is advantageous to the community and

12  is consistent with federal requirements.

13         Section 9.  Sections 9 and 10 of this act may be cited

14  as the "Tourism Industry Recovery Act of 2002."

15         Section 10.  Paragraphs (l) and (n) of subsection (3)

16  of section 125.0104, Florida Statutes, are amended to read:

17         125.0104  Tourist development tax; procedure for

18  levying; authorized uses; referendum; enforcement.--

19         (3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--

20         (l)  In addition to any other tax which is imposed

21  pursuant to this section, a county may impose up to an

22  additional 1-percent tax on the exercise of the privilege

23  described in paragraph (a) by majority vote of the governing

24  board of the county in order to:

25         1.  Pay the debt service on bonds issued to finance the

26  construction, reconstruction, or renovation of a professional

27  sports franchise facility, or the acquisition, construction,

28  reconstruction, or renovation of a retained spring training

29  franchise facility, either publicly owned and operated, or

30  publicly owned and operated by the owner of a professional

31  sports franchise or other lessee with sufficient expertise or


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    CS for SB 1844                                Second Engrossed



  1  financial capability to operate such facility, and to pay the

  2  planning and design costs incurred prior to the issuance of

  3  such bonds.

  4         2.  Pay the debt service on bonds issued to finance the

  5  construction, reconstruction, or renovation of a convention

  6  center, and to pay the planning and design costs incurred

  7  prior to the issuance of such bonds.

  8         3.  Pay the operation and maintenance costs of a

  9  convention center for a period of up to 10 years. Only

10  counties that have elected to levy the tax for the purposes

11  authorized in subparagraph 2. may use the tax for the purposes

12  enumerated in this subparagraph. Any county that elects to

13  levy the tax for the purposes authorized in subparagraph 2.

14  after July 1, 2000, may use the proceeds of the tax to pay the

15  operation and maintenance costs of a convention center for the

16  life of the bonds.

17         4.  Promote and advertise tourism in the State of

18  Florida and nationally and internationally; however, if tax

19  revenues are expended for an activity, service, venue, or

20  event, the activity, service, venue, or event shall have as

21  one of its main purposes the attraction of tourists as

22  evidenced by the promotion of the activity, service, venue, or

23  event to tourists.

24

25  The provision of paragraph (b) which prohibits any county

26  authorized to levy a convention development tax pursuant to s.

27  212.0305 from levying more than the 2-percent tax authorized

28  by this section, and the provisions of paragraphs (4)(a)-(d),

29  shall not apply to the additional tax authorized in this

30  paragraph. The effective date of the levy and imposition of

31  the tax authorized under this paragraph shall be the first day


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    CS for SB 1844                                Second Engrossed



  1  of the second month following approval of the ordinance by the

  2  governing board or the first day of any subsequent month as

  3  may be specified in the ordinance.  A certified copy of such

  4  ordinance shall be furnished by the county to the Department

  5  of Revenue within 10 days after approval of such ordinance.

  6         (n)  In addition to any other tax that is imposed under

  7  this section, a county that has imposed the tax under

  8  paragraph (l) may impose an additional tax that is no greater

  9  than 1 percent on the exercise of the privilege described in

10  paragraph (a) by a majority plus one vote of the membership of

11  the board of county commissioners in order to:

12         1.  Pay the debt service on bonds issued to finance:

13         a.1.  The construction, reconstruction, or renovation

14  of a facility either publicly owned and operated, or publicly

15  owned and operated by the owner of a professional sports

16  franchise or other lessee with sufficient expertise or

17  financial capability to operate such facility, and to pay the

18  planning and design costs incurred prior to the issuance of

19  such bonds for a new professional sports franchise as defined

20  in s. 288.1162.

21         b.2.  The acquisition, construction, reconstruction, or

22  renovation of a facility either publicly owned and operated,

23  or publicly owned and operated by the owner of a professional

24  sports franchise or other lessee with sufficient expertise or

25  financial capability to operate such facility, and to pay the

26  planning and design costs incurred prior to the issuance of

27  such bonds for a retained spring training franchise.

28         2.  Promote and advertise tourism in the State of

29  Florida and nationally and internationally; however, if tax

30  revenues are expended for an activity, service, venue, or

31  event, the activity, service, venue, or event shall have as


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    CS for SB 1844                                Second Engrossed



  1  one of its main purposes the attraction of tourists as

  2  evidenced by the promotion of the activity, service, venue, or

  3  event to tourists.

  4

  5  A county that imposes the tax authorized in this paragraph may

  6  not expend any ad valorem tax revenues for the acquisition,

  7  construction, reconstruction, or renovation of a that facility

  8  for which tax revenues are used pursuant to subparagraph 1.

  9  The provision of paragraph (b) which prohibits any county

10  authorized to levy a convention development tax pursuant to s.

11  212.0305 from levying more than the 2-percent tax authorized

12  by this section shall not apply to the additional tax

13  authorized by this paragraph in counties which levy convention

14  development taxes pursuant to s. 212.0305(4)(a). Subsection

15  (4) does not apply to the adoption of the additional tax

16  authorized in this paragraph. The effective date of the levy

17  and imposition of the tax authorized under this paragraph is

18  the first day of the second month following approval of the

19  ordinance by the board of county commissioners or the first

20  day of any subsequent month specified in the ordinance. A

21  certified copy of such ordinance shall be furnished by the

22  county to the Department of Revenue within 10 days after

23  approval of the ordinance.

24         Section 11.  Subsection (1) of section 240.2605,

25  Florida Statutes, is amended to read:

26         240.2605  Trust Fund for Major Gifts.--

27         (1)  There is established a Trust Fund for Major Gifts.

28  The purpose of the trust fund is to enable the Board of

29  Regents Foundation, each university, and New College to

30  provide donors with an incentive in the form of matching

31  grants for donations for the establishment of permanent


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    CS for SB 1844                                Second Engrossed



  1  endowments and sales tax exemption matching funds received

  2  pursuant to s. 212.08(5)(j), which must be invested, with the

  3  proceeds of the investment used to support libraries and

  4  instruction and research programs, as defined by procedure of

  5  the State Board of Education Regents. All funds appropriated

  6  for the challenge grants, new donors, major gifts, sales tax

  7  exemption matching funds pursuant to s. 212.08(5)(j), or

  8  eminent scholars program must be deposited into the trust fund

  9  and invested pursuant to s. 18.125 until the State Board of

10  Education Regents allocates the funds to universities to match

11  private donations. Notwithstanding s. 216.301 and pursuant to

12  s. 216.351, any undisbursed balance remaining in the trust

13  fund and interest income accruing to the portion of the trust

14  fund which is not matched and distributed to universities must

15  remain in the trust fund and be used to increase the total

16  funds available for challenge grants. Funds deposited in the

17  trust fund for the sales tax exemption matching program

18  authorized in s. 212.08(5)(j), and interest earnings thereon,

19  shall be maintained in a separate account within the Trust

20  Fund for Major Gifts, and may be used only to match qualified

21  sales tax exemptions that a certified business designates for

22  use by state universities and community colleges to support

23  research and development projects requested by the certified

24  business. The State Board of Education Regents may authorize

25  any university to encumber the state matching portion of a

26  challenge grant from funds available under s. 240.272.

27         Section 12.  The legislative review required under

28  section 14 of chapter 93-187, Laws of Florida, shall be

29  conducted by the Office of Program Policy Analysis and

30  Government Accountability before December 1, 2002, using

31  applicable criteria under section 11.513(3), Florida Statutes.


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    CS for SB 1844                                Second Engrossed



  1         Section 13.  This act shall take effect upon becoming a

  2  law.

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