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





                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Valdes offered the following:

12

13         Amendment to Amendment (243299) (with title amendment) 

14         On page 55, between lines 28 and 29, of the amendment

15

16  insert:

17         Section 30.  Section 288.9530, Florida Statutes, is

18  created to read:

19         288.9530  The Florida Business Expansion Corporation.--

20         (1)  The Florida Business Expansion Corporation is

21  hereby created as a corporation not-for-profit, to be

22  incorporated under the provisions of chapter 617. The

23  corporation is organized on a nonstock basis. The corporation

24  shall provide business expansion assistance to businesses in

25  this state having job growth or emerging technology potential

26  and fewer than 50 employees and a net worth of not more than

27  $3 million. The primary purpose of the corporation shall be to

28  assist such Florida businesses to grow through the development

29  of cross-border transactions which lead to increased revenues,

30  cost reductions, sales or investments for Florida businesses.

31  For purposes of this Act, "cross-border transactions" shall be

                                  1

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  defined as the formation of joint venture, strategic alliance,

 2  investment, technology transfer or licensing, co-development,

 3  or other commercial relationships between Florida businesses

 4  and non-Florida entities. In providing its services, the

 5  corporation shall seek to recover its costs and expenditures

 6  of state funds via fee, equity participation, or any other

 7  form of revenue generation or recovery, and to achieve the

 8  self-sufficiency of its operations. It is the intent of the

 9  Legislature that the corporation achieve self-sufficiency

10  within three years of its establishment. For the purposes of

11  this section, the term "self-sufficiency" shall mean that the

12  annual expenses of operation of the corporation shall be less

13  than or equal to the total value of the compensation derived

14  including fee, equity participation, or any other form of

15  revenue generation or recovery from the operations of the

16  corporation by June 30, 2001.

17         (2)  The corporation shall not duplicate the services

18  and programs of Enterprise Florida, Inc., the Florida Export

19  Finance Corporation, and any other existing economic

20  development entity. The corporation programs are to serve

21  small to mid-sized Florida firms in conducting transactions

22  with entities located in other states and nations.

23         Section 31.  Section 288.9531, Florida Statutes, is

24  created to read:

25         288.9531  Powers and Duties of the Corporation.--

26         (1)  In addition to all of the statutory powers of

27  Florida not-for-profit corporations, the corporation shall

28  have the power and duty to:

29         (a)  Perform analyses of opportunities to Florida

30  businesses from the formation of stronger and numerous

31  commercial relationships through cross-border transactions;

                                  2

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (b)  Locate Florida businesses which are strong

 2  candidates for business expansion and match such businesses

 3  with joint venture or strategic alliance partners, sources of

 4  investment capital, or purchasers or licensees of technology;

 5         (c)  Prepare selected Florida firms to achieve business

 6  expansion through preparation of business plans and marketing

 7  materials, arranging participation in major domestic and

 8  international events targeted towards industry participants

 9  and investors, and placement of articles in business press and

10  trade publications;

11         (d)  Counsel Florida businesses in the development and

12  execution of cross-border transactions;

13         (e)  Develop, in conjunction with target businesses,

14  criteria for evaluation of potential cross-border transactions

15  or strategic partners;

16         (f)  Provide listings of strategic partners which meet

17  agreed-upon criteria;

18         (g)  Develop negotiating strategies and marketing

19  materials designed to address the concerns of potential

20  strategic partners;

21         (h)  Approach and initiate discussions with potential

22  strategic partners and investors;

23         (i)  Present Florida small and medium-sized firms to

24  potential strategic partners and investors;

25         (j)  Identify and, in conjunction with associated

26  professionals, provide guidance on critical business and legal

27  issues associated with proposed transactions, including issues

28  relating to transfers of assets, ownership of intellectual

29  property, tax planning, and other relevant matters;

30         (k)  Assist in the negotiation of pricing and terms of

31  participation of the parties;

                                  3

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (l)  Close cross-border transactions on behalf of

 2  Florida small and medium-sized firms, and manage outside

 3  professionals in the closing of the transaction;

 4         (m)  Handle issues that arise after closing to ensure

 5  continued success of the transaction; and

 6         (n)  Charge fees, in amounts to be determined by the

 7  board, to defray the operating costs of its programs.

 8         (2)  On or before December 31, 1998, the corporation

 9  shall submit to the Office of Tourism, Trade, and Economic

10  Development a business plan providing further specifics of its

11  operations, including, but not limited to, the following:

12         (a)  A detailed operating budget;

13         (b)  Specific goals and outcomes to be achieved by the

14  corporation in the accomplishment of its statutory duties;

15         (c)  Types of specific assistance to be rendered to

16  Florida businesses, including detailed descriptions of the

17  specific steps required to provide each type of assistance,

18  and the projected costs of such assistance; and

19         (d)  Specific provisions for the self-sufficient

20  operation of the corporation prior to July 1, 2001, including

21  specific projections of the compensation anticipated from

22  generation of successful cross-border transactions.

23         (e)  A description of the manner in which the

24  corporation will interact with existing state-sponsored

25  economic development entities.

26         (3)  The business plan and the data upon which it is

27  based shall constitute a public record and shall be

28  distributed in a manner which will provide maximum benefit to

29  Florida businesses.

30         (4)  Prior to December 1 of each year, the corporation

31  shall submit to the Governor, the President of the Senate, and

                                  4

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the Speaker of the House of Representatives, a complete and

 2  detailed report including, but not limited to:

 3         (a)  The report required in s. 288.9536.

 4         (b)  The operations and accomplishments of the

 5  corporation, including the number of businesses assisted by

 6  the corporation.

 7         (c)  Its assets and liabilities at the end of its most

 8  recent fiscal year, including a description of its outstanding

 9  cross-border transactions.

10         Section 32.  Section 288.9532, Florida Statutes, is

11  created to read:

12         288.9532  Board of directors.--

13         (1)  The corporation shall have an initial board of

14  directors consisting of the following persons:

15         (a)  The President of Enterprise Florida, Inc., or his

16  designee, who shall serve as the chair of the corporation;

17         (b)  The Comptroller or designee;

18         (c)  The Commissioner of Insurance or designee;

19         (d)  The chair of the Florida Black Business Investment

20  Board or designee;

21         (e)  The chair of the Florida Export Finance

22  Corporation or designee; and

23         (f)  The chair of the Florida First Capital Finance

24  corporation or designee.

25         (2)  Notwithstanding the provisions of subsection (1),

26  the board of directors may by resolution appoint to the board

27  up to ten at-large members from the private sector, each of

28  whom shall serve a 2-year term. Minority and gender

29  representation shall be considered when making at-large

30  appointments to the board. At-large members shall have the

31  powers and duties of other members of the board. An at-large

                                  5

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  member is eligible for reappointment, but may not vote on his

 2  or her own reappointment.

 3         (3)  The board shall ensure that its composition is

 4  reflective of the diversity of Florida's business community,

 5  and to the greatest degree possible shall include, but not be

 6  limited to, individuals representing small and medium-sized

 7  businesses, minority businesses, universities and other

 8  institutions of higher education, and international and

 9  domestic economic development organizations. A majority of

10  at-large members of the board shall have significant

11  experience in international business, with expertise in the

12  areas of trade, transportation, finance, law, or

13  manufacturing.

14         (4)  Members of the board of directors shall serve

15  without compensation, but members, the president, and staff

16  may be reimbursed for all reasonable, necessary, and actual

17  expenses, as determined by the board of directors.

18         (5)  A majority of currently serving members of the

19  board shall constitute a quorum for purposes of all business

20  of the board.

21         Section 33.  Section 288.9533, Florida Statutes, is

22  created to read:

23         288.9533  Powers and Duties of the Board of

24  Directors.--The board shall:

25         (1)  Prior to the expenditure of funds from the Florida

26  Business Expansion account, adopt bylaws and internal

27  procedures which are necessary to carry out the

28  responsibilities of the corporation. The articles and bylaws

29  of the corporation shall be reviewed and approved by the

30  Office of Tourism, Trade, and Economic Development prior to

31  final adoption by the board;

                                  6

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (2)  Hold regularly scheduled meetings, at least

 2  quarterly, in order to carry out the objectives and duties of

 3  the board;

 4         (3)  Develop a streamlined application and review

 5  process;

 6         (4)  Adopt rules and policies, including application

 7  and award criteria, regarding eligibility of businesses to

 8  receive assistance from the corporation. Such rules and

 9  policies shall include, but not be limited to, the

10  requirements that the target businesses:

11         (a)  Shall have substantial operations in Florida;

12         (b)  Shall have products, business or technology in

13  existence at the time of application;

14         (c)  Shall have proven management;

15         (d)  Shall be in a stage of business which is favorable

16  to expansion of the business into international markets;

17         (e)  Shall have products or technologies which have a

18  substantial potential for beneficial effect on business

19  expansion, business revenue or employment in Florida; and

20         (f)  Shall have products or technologies which are

21  potential technology or market leaders with substantial

22  commercial potential in international markets.

23         (g)  Shall not have engaged in any cross-border

24  transactions prior to receipt of assistance from the

25  corporation.  Assistance from the corporation shall only be

26  extended to targeted businesses when no conventional source of

27  assistance is available for the business from public or

28  private sources.

29         (5)  Proposed awards of assistance shall be reviewed

30  and approved at meetings of the board. The board shall give

31  the highest priority to activities that offer the greatest

                                  7

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  opportunity for economic development impact and cost recovery.

 2  A business, including any affiliated corporations of such

 3  business, that has received any contractual assistance from

 4  the private sector entity selected pursuant to s. 288.9534, is

 5  not eligible to receive assistance from the corporation.

 6         Section 34.  Chapter 288.9534, Florida Statutes, is

 7  created to read:

 8         288.9534  Management of the Corporation.--

 9         (1)  The activities of the corporation shall be

10  administered under a contract with a private sector entity

11  selected by the board no later than September 1, 1998. Such

12  company shall have responsibility for performance of all

13  statutory duties of the corporation, under the control and

14  supervision of the board. Potential management companies

15  shall:

16         (a)  Have existing operations in Florida, and provide

17  Florida-resident personnel to perform services under the

18  contract;

19         (b)  Have an established record of success in the

20  creation of cross-border transactions, and at least ten years

21  of operational experience in such business;

22         (c)  Have staff with substantial financial and

23  international affairs experience;

24         (d)  Have international offices;

25         (e)  Commit to a cash match expenditure of ten percent

26  of the amount of the state contract issued pursuant to this

27  section, with such cash to be provided from the capital of the

28  contractor and expended directly in the pursuit of the

29  statutory purposes of the corporation; and

30         (f)  Have substantial experience in as many of the

31  following areas as possible:

                                  8

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         1.  Arrangement of cross-border transactions;

 2         2.  Development and implementation of market entry

 3  strategies for business expansion;

 4         3.  Preparation of market analyses and strategic plans;

 5  and

 6         4.  Work with foreign and domestic financial

 7  institutions, highly regulated industries and foreign

 8  governments.

 9         (2)  The company selected pursuant to this subsection

10  shall provide personnel to serve as officers of the

11  corporation who shall perform on behalf of the corporation all

12  of the customary functions of the offices they occupy.

13         (3)  The board shall provide by contract for division

14  with the management company of total compensation derived from

15  the operations of the corporation. Such division shall be made

16  quarterly, and shall involve the total compensation of the

17  corporation which are in excess of the expenses of the

18  corporation for that quarter.

19         (4)  Prior to securing management services for the

20  corporation, staffing of the corporation shall be provided by

21  the Office of Tourism, Trade, and Economic Development, which

22  shall provide to the board by August 7, 1998, a list of

23  candidates qualified and desiring to perform the duties of the

24  management company specified in this section. The Office of

25  Tourism, Trade, and Economic Development shall also have

26  responsibility for the establishment of performance measures

27  and requirements which provide for the performance of the

28  statutory duties of the corporation, as well as the following:

29         (a)  Specific outcomes from the performance of the

30  management company, as well as timetables for the

31  accomplishment of such outcomes;

                                  9

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         (b)  Requirements relating to the handling of state

 2  funds and providing for third party audit and financial review

 3  of the operations of the corporation;

 4         (c)  Reversion to the state of all assets of the

 5  corporation in the event of cessation of operations of the

 6  corporation; and

 7         (d)  Termination of the management company in the event

 8  of its failure to perform the duties or deliver the outcomes

 9  provided in the management contract.

10         Section 35.  Section 288.9535, Florida Statutes, is

11  created to read:

12         288.9535  Florida Business Expansion Account.--

13         (1)  The board shall create the Florida Business

14  Expansion account for the purpose of receiving state, federal,

15  and private financial resources, and the return from

16  employment of those resources, and for the purposes of the

17  corporation. The account shall be under the exclusive control

18  of the board.

19         (2)  Resources in the account shall be allocated for

20  operating expenses of the corporation and for other

21  statutorily authorized purposes, including costs of research,

22  provision of business assistance to targeted businesses, and

23  other costs.

24         (3)  Appropriations for the corporation shall be

25  deposited into the account.

26         (4)  The board may establish the account and any

27  sub-accounts necessary and convenient for the operation of the

28  corporation with state or federally chartered financial

29  institutions in this state and may invest the assets of the

30  account in permissible securities.

31         (5)  At all times, the board shall attempt to maximize

                                  10

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  the returns on funds in the account.

 2         (6)  All revenues received from the operations of the

 3  corporation shall be redeposited in the account to be used to

 4  promote the statutory purposes of the corporation.

 5         (7)  Under no circumstances shall the credit of the

 6  state be pledged by or on behalf of the corporation, nor shall

 7  the state be liable or obligated in any way for claims on the

 8  account or against the corporation.

 9         Section 36.  Section 288.9536, Florida Statutes, is

10  created to read:

11         288.9536  Reporting and Review.--

12         (1)  By September 1, 1999, the corporation in

13  cooperation with the Office of Program Policy Analysis and

14  Government Accountability shall develop a research design,

15  including goals and measurable objectives for the corporation,

16  which will provide the Legislature with a quantitative

17  evaluation of the corporation. The corporation shall utilize

18  the monitoring mechanisms and reports developed in the designs

19  and provide these reports to the Governor, the President of

20  the Senate, the Speaker of the House of Representatives, and

21  the Office of Program Policy Analysis and Government

22  Accountability.

23         (2)  On January 31, 2000, and on January 31 of each

24  succeeding year, the corporation shall prepare a report on the

25  financial status of the corporation and the account and shall

26  submit a copy of the report to the Governor, the President of

27  the Senate, the Speaker of the House of Representatives, and

28  the President of Enterprise Florida, Inc. The report shall

29  specify the assets and liabilities of the account within the

30  current fiscal year and shall include a list of the businesses

31  assisted, the benefits obtained by each business assisted,

                                  11

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1  including, but not limited to, increased revenues, cost

 2  reductions, sales or investment which have been realized by

 3  such businesses.

 4         (3)  Prior to the 2001 regular session of the

 5  Legislature, the Office of Program Policy Analysis and

 6  Government Accountability shall perform a review and

 7  evaluation of the corporation using the research design

 8  promulgated pursuant to this section. The report shall review

 9  and comment on the operations and accomplishments of the

10  corporation. A report of the findings and recommendations of

11  the Office of Program Policy Analysis and Government

12  Accountability shall be submitted to the President of the

13  Senate and the Speaker of the House of Representatives prior

14  to the 2001 regular session.

15         Section 37.  The sum of $1.5 million is hereby

16  appropriated from the General Revenue Fund to the Florida

17  Business Expansion Corporation.  Ninety percent of such funds

18  must be used to provide assistance to eligible businesses

19  pursuant to s. 288.9533.

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 109, line 1, of the amendment

25

26  after "archive" insert:

27         creating s. 288.9530, F.S.; providing for the

28         creation of the Florida Business Expansion

29         Corporation to provide business expansion

30         assistance to businesses in the state having

31         job growth or emerging technology potential;

                                  12

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 2524, 2nd Eng.

    Amendment No. 010 (for drafter's use only)





 1         creating s. 288.9531, F.S.; providing for

 2         powers and duties of the corporation; creating

 3         s. 288.9532, F.S., and s. 288.9533, F.S.;

 4         creating the corporation board of directors and

 5         providing for their powers and duties; creating

 6         s. 288.9534, F.S.; providing that the

 7         corporation contracts with an experienced

 8         management company to administer and perform

 9         the duties of the corporation; creating s.

10         288.9535, F.S.; creating the Florida Business

11         Expansion Account to receive state, federal,

12         and private financial resources for the purpose

13         of funding the objectives of the corporation;

14         creating s. 288.9536, F.S.; providing for the

15         reporting and review requirements of the

16         corporation; providing appropriations;

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  13

    File original & 9 copies    05/01/98
    hbt0004                     08:39 am         02524-0111-792003