Senate Bill 0336c1

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    Florida Senate - 1998                            CS for SB 336

    By the Committee on Commerce and Economic Opportunities and
    Senators Harris and Klein




    310-2027A-98

  1                      A bill to be entitled

  2         An act relating to international economic

  3         development; requiring Enterprise Florida,

  4         Inc., to develop a master plan for integrating

  5         international trade and reverse investment

  6         resources; prescribing procedures, content, and

  7         a submission deadline related to such plan;

  8         requiring Enterprise Florida, Inc., in

  9         conjunction with the Office of Tourism, Trade,

10         and Economic Development, to prepare a plan to

11         promote foreign direct investment in Florida;

12         prescribing procedures, content, and a

13         submission deadline related to such plan;

14         requiring Enterprise Florida, Inc., to develop

15         a strategic plan that will allow Florida to

16         capitalize on the economic opportunities

17         associated with a post-embargo Cuba; amending

18         s. 14.2015, F.S., relating to the disbursement

19         of certain funds by the Office of Tourism,

20         Trade, and Economic Development; requiring

21         reports; amending s. 15.18, F.S.; providing for

22         coordination of international activities of the

23         Department of State; amending s. 55.604, F.S.;

24         requiring foreign judgments to be filed with

25         the Secretary of State; amending s. 55.605,

26         F.S.; requiring the Secretary of State to

27         create and maintain a specified list relative

28         to foreign money judgments; amending s. 15.18,

29         F.S.; requiring the Secretary of State to

30         maintain lists relating to foreign money

31         judgments; creating s. 257.34, F.S.; creating

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    Florida Senate - 1998                            CS for SB 336
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  1         the Florida State International Archive;

  2         providing requirements for the archive;

  3         providing for access to the archive; amending

  4         s. 288.8175, F.S.; authorizing linkage

  5         institutes to competitively apply for Targeted

  6         Market Pilot Projects Grants; creating s.

  7         288.9530, F.S.; providing for the creation of

  8         the Florida Business Expansion Corporation to

  9         provide business expansion assistance to

10         businesses in the state having job growth or

11         emerging technology potential; creating s.

12         288.9531, F.S.; providing for powers and duties

13         of the corporation; creating ss. 288.9532,

14         288.9533, F.S.; creating the corporation board

15         of directors and providing for their powers and

16         duties; creating s. 288.9534, F.S.; providing

17         that the corporation contract with an

18         experienced management company to administer

19         and perform the duties of the corporation;

20         creating s. 288.9535, F.S.; creating the

21         Florida Business Expansion Account to receive

22         state, federal, and private financial resources

23         for the purpose of funding the objectives of

24         the corporation; creating s. 288.9536, F.S.;

25         providing for the reporting and review

26         requirements of the corporation; creating part

27         III of ch. 721, F.S.; providing a purpose for

28         the commissioners of deeds; authorizing the

29         appointment of commissioners of deeds;

30         providing authority; ratifying certain actions

31         of commissioners of deeds; limiting powers of

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    Florida Senate - 1998                            CS for SB 336
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  1         the Division of Florida Land Sales,

  2         Condominiums, and Mobile Homes; amending s.

  3         288.012, F.S., relating to State of Florida

  4         foreign offices; directing each office to

  5         report annually to the Office of Tourism,

  6         Trade, and Economic Development on activities

  7         and accomplishments; prescribing the contents

  8         of such reports; providing an effective date.

  9

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

11

12         Section 1.  Enterprise Florida, Inc., shall develop a

13  master plan for integrating public-sector and private-sector

14  international-trade and reverse-investment resources, in order

15  that businesses may obtain comprehensive assistance and

16  information in the most productive and efficient manner. The

17  scope of this plan shall include, but need not be limited to,

18  resources related to the provision of trade information, such

19  as trade leads and reverse investment opportunities; trade

20  counseling; and trade financing services. In developing the

21  master plan, Enterprise Florida, Inc., shall solicit the

22  participation and input of organizations providing these

23  resources, the consumers of these resources, and others who

24  have expertise and experience in international trade and

25  reverse investment. The master plan may include

26  recommendations for legislative action designed to enhance the

27  delivery of international-trade and reverse-investment

28  assistance. The master plan, which Enterprise Florida, Inc.,

29  may include within the annual update or modification to the

30  strategic plan required under section 288.905, Florida

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    Florida Senate - 1998                            CS for SB 336
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  1  Statutes, must be submitted to the Legislature and the

  2  Governor before January 1, 1999.

  3         Section 2.  Enterprise Florida, Inc., in conjunction

  4  with the Office of Tourism, Trade, and Economic Development,

  5  shall prepare a plan for promoting direct investment in

  6  Florida by foreign businesses. This plan must assess and

  7  inventory Florida's strengths as a location for foreign direct

  8  investment and must include a detailed strategy for

  9  capitalizing upon those strengths. In developing the plan,

10  Enterprise Florida, Inc., shall focus on businesses with

11  site-election criteria that are consistent with Florida's

12  business climate, businesses likely to facilitate the

13  transshipment of goods through Florida or to export

14  Florida-produced goods from the state, and businesses that

15  complement or correspond to those industries identified as

16  part of the sector-strategy approach to economic development

17  required under section 288.905, Florida Statutes. The plan

18  must also identify weaknesses in Florida's ability to attract

19  foreign direct investment and must include a detailed strategy

20  for addressing those weaknesses. The plan may include

21  recommendations for legislative action designed to enhance

22  Florida's ability to attract foreign direct investment. In

23  developing the plan, Enterprise Florida, Inc., shall solicit

24  the participation and input of entities that have expertise

25  and experience in foreign direct investment. The plan, which

26  Enterprise Florida, Inc., may include within the annual update

27  or modification to the strategic plan required under section

28  288.905, Florida Statutes, must be submitted to the

29  Legislature and the Governor before January 1, 1999.

30         Section 3.  In anticipation of the day that the people

31  of Cuba are no longer denied the inalienable rights and

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    Florida Senate - 1998                            CS for SB 336
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  1  freedom that all men and women should be guaranteed,

  2  Enterprise Florida, Inc., shall prepare a strategic plan

  3  designed to allow Florida to capitalize on the economic

  4  opportunities associated with a free Cuba. The plan should

  5  recognize the historical and cultural ties between this state

  6  and Cuba and should focus on building a long-term economic

  7  relationship between these communities. The plan should also

  8  recognize existing economic infrastructure in Florida that

  9  could be applied toward trade and other business activities

10  with Cuba. The plan should identify specific preparatory steps

11  to be taken in advance of a lifting of the trade embargo with

12  Cuba. In developing this plan, Enterprise Florida, Inc., shall

13  solicit the participation and input of individuals who have

14  expertise on Cuba and its economy, including, but not limited

15  to, business leaders in Florida who have had previous business

16  experience in Cuba. The plan may include recommendations for

17  legislative action necessary to implement the strategic plan.

18  The plan must be submitted to the Governor and Legislature

19  before January 1, 1999.

20         Section 4.  Subsection (9) is added to section 14.2015,

21  Florida Statutes, to read:

22         14.2015  Office of Tourism, Trade, and Economic

23  Development; creation; powers and duties.--

24         (9)  The Office of Tourism, Trade, and Economic

25  Development shall ensure the prompt disbursement of funds when

26  responsible for the disbursement of funds. When such funds

27  have not been disbursed on or before legislatively or

28  contractually prescribed disbursement dates, or within 30 days

29  after the beginning of the state fiscal year, whichever is

30  applicable, the Office of Tourism, Trade, and Economic

31  Development shall notify the President of the Senate and the

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    Florida Senate - 1998                            CS for SB 336
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  1  Speaker of the House of Representatives of the fact that such

  2  funds have not been disbursed, along with a brief description

  3  of the reasons for the delay in disbursement. At the end of

  4  each succeeding 30-day period that such funds remain

  5  undisbursed, the Office of Tourism, Trade, and Economic

  6  Development shall provide a supplemental report to the

  7  President of the Senate and the Speaker of the House of

  8  Representatives with a brief description of the reasons for

  9  the continued delay in disbursement.

10         Section 5.  Section 15.18, Florida Statutes, is amended

11  to read:

12         15.18  International and cultural relations.--The

13  Divisions of Cultural Affairs, Historical Resources, and

14  Library and Information Services of the Department of State

15  promote programs having substantial cultural, artistic, and

16  indirect economic significance that emphasize American

17  creativity. The Secretary of State, as the head administrator

18  of these divisions, shall hereafter be known as "Florida's

19  Chief Cultural Officer."  As this officer, the Secretary of

20  State is encouraged to initiate and develop relationships

21  between the state and foreign cultural officers, their

22  representatives, and other foreign governmental officials in

23  order to promote Florida as the center of American creativity.

24  The Secretary of State shall coordinate international

25  activities pursuant to this section with the Enterprise

26  Florida, Inc., and any other organization that the secretary

27  deems appropriate Florida International Affairs Commission.

28  For the accomplishment of this purpose, the Secretary of State

29  shall have the power and authority to:

30         (1)  Disseminate any information pertaining to the

31  State of Florida which promotes the state's cultural assets.

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    Florida Senate - 1998                            CS for SB 336
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  1         (2)  Plan and carry out activities designed to cause

  2  improved cultural and governmental programs and exchanges with

  3  foreign countries.

  4         (3)  Plan and implement cultural and social activities

  5  for visiting foreign heads of state, diplomats, dignitaries,

  6  and exchange groups.

  7         (4)  Encourage and cooperate with other public and

  8  private organizations or groups in their efforts to promote

  9  the cultural advantages of Florida.

10         (5)  Establish and maintain the list prescribed in s.

11  55.605(2)(g), relating to recognition of foreign money

12  judgments.

13         (6)(5)  Serve as the liaison with all foreign consular

14  and ambassadorial corps, as well as international

15  organizations, that are consistent with the purposes of this

16  section.

17         (7)(6)  Provide, arrange, and make expenditures for the

18  achievement of any or all of the purposes specified in this

19  section.

20         (8)(7)  Notwithstanding the provisions of part I of

21  chapter 287, promulgate rules for entering into contracts

22  which are primarily for promotional services and events, which

23  may include commodities involving a service.  Such rules shall

24  include the authority to negotiate costs with the offerors of

25  such services and commodities who have been determined to be

26  qualified on the basis of technical merit, creative ability,

27  and professional competency. The rules shall only apply to the

28  expenditure of funds donated for promotional services and

29  events. Expenditures of appropriated funds shall be made only

30  in accordance with part I of chapter 287.

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    Florida Senate - 1998                            CS for SB 336
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  1         Section 6.  Subsections (1) and (6) of section 55.604,

  2  Florida Statutes, are amended to read:

  3         55.604  Recognition and enforcement.--Except as

  4  provided in s. 55.605, a foreign judgment meeting the

  5  requirements of s. 55.603 is conclusive between the parties to

  6  the extent that it grants or denies recovery of a sum of

  7  money. Procedures for recognition and enforceability of a

  8  foreign judgment shall be as follows:

  9         (1)  The foreign judgment shall be filed with the

10  Department of State and the clerk of the court and recorded in

11  the public records in the county or counties where enforcement

12  is sought. The filing with the Department of State shall not

13  create a lien on any property.

14         (a)  At the time of the recording of a foreign

15  judgment, the judgment creditor shall make and record with the

16  clerk of the circuit court an affidavit setting forth the

17  name, social security number, if known, and last known

18  post-office address of the judgment debtor and of the judgment

19  creditor.

20         (b)  Promptly upon the recording of the foreign

21  judgment and the affidavit, the clerk shall mail notice of the

22  recording of the foreign judgment, by registered mail with

23  return receipt requested, to the judgment debtor at the

24  address given in the affidavit and shall make a note of the

25  mailing in the docket. The notice shall include the name and

26  address of the judgment creditor and of the judgment

27  creditor's attorney, if any, in this state. In addition, the

28  judgment creditor may mail a notice of the recording of the

29  judgment to the judgment debtor and may record proof of

30  mailing with the clerk. The failure of the clerk to mail

31  notice of recording will not affect the enforcement

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    Florida Senate - 1998                            CS for SB 336
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  1  proceedings if proof of mailing by the judgment creditor has

  2  been recorded.

  3         (6)  Once an order recognizing the foreign judgment has

  4  been entered by a court of this state, the order and a copy of

  5  the judgment shall be filed with the Department of State and

  6  may be recorded in any other county of this state without

  7  further notice or proceedings, and shall be enforceable in the

  8  same manner as the judgment of a court of this state.

  9         Section 7.  Paragraph (g) of subsection (2) of section

10  55.605, Florida Statutes, is amended to read:

11         55.605  Grounds for nonrecognition.--

12         (2)  A foreign judgment need not be recognized if:

13         (g)  The foreign jurisdiction where judgment was

14  rendered would not give recognition to a similar judgment

15  rendered in this state. For purposes of this paragraph, the

16  Secretary of State shall establish and maintain a list of

17  foreign jurisdictions where the condition specified in this

18  paragraph has been found to apply.

19         Section 8.  Section 257.34, Florida Statutes, is

20  created to read:

21         257.34  Florida State International Archive and

22  Repository.--

23         (1)  There is created within the Division of Library

24  and Information Services of the Department of State the

25  Florida International Archive and Repository for the

26  preservation of those public records, as defined in s.

27  119.011(1), manuscripts, international judgments involving

28  disputes between domestic and foreign businesses, and all

29  other public matters that the department or the Florida

30  Council of International Development deems relevant to

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    Florida Senate - 1998                            CS for SB 336
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  1  international issues. It is the duty and responsibility of the

  2  division to:

  3         (a)  Organize and administer the Florida State

  4  International Archive and Repository;

  5         (b)  Preserve and administer such records as are

  6  transferred to its custody; accept, arrange, and preserve

  7  them, according to approved archival and repository practices;

  8  and permit them, at reasonable times and under the supervision

  9  of the division, to be inspected, examined, and copied. All

10  public records transferred to the custody of the division

11  shall be subject to the provisions of s. 119.07(1).

12         (c)  Assist the records and information management

13  program in determining the retention value for records;

14         (d)  Cooperate with and assist, insofar as practicable,

15  state institutions, departments, agencies, counties,

16  municipalities, and individuals engaged in international

17  related activities;

18         (e)  Provide a public research room where, under rules

19  established by the division, the materials in the

20  international archive and repository may be studied;

21         (f)  Conduct, promote, and encourage research in

22  international trade, government, and culture and maintain a

23  program of information, assistance, coordination, and guidance

24  for public officials, educational institutions, libraries, the

25  scholarly community, and the public engaged in such research;

26         (g)  Cooperate with and, insofar as practicable, assist

27  agencies, libraries, institutions, and individuals in projects

28  designed to promote international related issues and preserve

29  original materials relating to international related issues;

30  and

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  1         (h)  Assist and cooperate with the records and

  2  information management program in the training and information

  3  program described in s. 257.36(1)(g).

  4         (2)  Any agency may turn over to the division any

  5  record no longer in current official use. The division, in its

  6  discretion, may accept such record and, having done so, shall

  7  provide for its administration and preservation as provided in

  8  this section and, upon acceptance, shall be considered the

  9  legal custodian of such record. The division is empowered to

10  direct and effect the transfer to the archives of any records

11  that are determined by the division to have such historical or

12  other value as to warrant their continued preservation or

13  protection, unless the head of the agency that has custody of

14  the records certifies in writing to the division that the

15  records will be retained in the agency's custody for use in

16  the conduct of the regular current business of the agency.

17         (3)  Title to any record transferred to the Florida

18  State International Archive and Repository, as authorized in

19  this chapter, shall be vested in the division.

20         (4)  The division shall make certified copies under

21  seal of any record transferred to it, upon the application of

22  any person, and such certificates shall have the same force

23  and effect as if made by the agency from which the record was

24  received. The division may charge a fee for this service based

25  upon the cost of service.

26         (5)  The division may establish and maintain a schedule

27  of fees for services that include, but are not limited to,

28  restoration of materials, storage of materials, special

29  research services, and publications.

30         (6)  The division shall establish and maintain a

31  mechanism by which the information contained within the

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  1  Florida State International Archive and Repository may be

  2  accessed by computer via the World Wide Web. In doing so, the

  3  division shall take whatever measures it deems appropriate to

  4  ensure the validity, quality, and safety of the information

  5  being accessed.

  6         (7)  The division shall adopt such rules as are

  7  necessary to administer the provisions of this section.

  8         (8)  The Florida Council of International Development

  9  may select materials for inclusion in the Florida State

10  International Archive and Repository and shall be consulted

11  closely by the division in all matters relating to

12  establishment and maintenance of the archive and repository.

13         Section 9.  Present subsections (3), (4), and (5) of

14  section 288.012, Florida Statutes, are redesignated as

15  subsections (4), (5), and (6), respectively, and a new

16  subsection (3) is added to that section to read:

17         288.012  State of Florida foreign offices.--The

18  Legislature finds that the expansion of international trade

19  and tourism is vital to the overall health and growth of the

20  economy of this state. This expansion is hampered by the lack

21  of technical and business assistance, financial assistance,

22  and information services for businesses in this state. The

23  Legislature finds that these businesses could be assisted by

24  providing these services at State of Florida foreign offices.

25  The Legislature further finds that the accessibility and

26  provision of services at these offices can be enhanced through

27  cooperative agreements or strategic alliances between state

28  entities, local entities, foreign entities, and private

29  businesses.

30         (3)  By October 1 of each year, each foreign office

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

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  1  Development a complete and detailed report on its activities

  2  and accomplishments during the preceding fiscal year. In a

  3  format provided by Enterprise Florida, Inc., the report must

  4  set forth information on:

  5         (a)  The number of Florida companies assisted.

  6         (b)  The number of inquiries received about investment

  7  opportunities in this state.

  8         (c)  The number of trade leads generated.

  9         (d)  The number of investment projects announced.

10         (e)  The estimated U.S. dollar value of sales

11  confirmations.

12         (f)  The number of representation agreements.

13         (g)  The number of company consultations.

14         (h)  Barriers or other issues affecting the effective

15  operation of the office.

16         (i)  Changes in office operations which are planned for

17  the current fiscal year.

18         (j)  Marketing activities conducted.

19         (k)  Strategic alliances formed with organizations in

20  the country in which the office is located.

21         (l)  Activities conducted with other Florida foreign

22  offices.

23         (m)  Any other information that the office believes

24  would contribute to an understanding of its activities.

25         Section 10.  Subsection (9) of section 288.8175,

26  Florida Statutes, is amended to read:

27         288.8175  Linkage institutes between postsecondary

28  institutions in this state and foreign countries.--

29         (9)  The Department of Education shall review and make

30  linkage-institute budget requests to the Governor and the

31  Legislature. State appropriations for institutes created under

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  1  this section must be made by a single lump-sum line item to

  2  the department, which must apportion the funds among the

  3  various institutes in accordance with criteria established by

  4  the department. The linkage institutes shall be eligible to

  5  apply on a competitive basis to the Office of Tourism, Trade,

  6  and Economic Development for the Targeted Market Pilot Project

  7  Grants program as defined in chapter 14.2015, designed to

  8  improve short-term and long-term international business

  9  opportunities for Florida businesses.

10         Section 11.  Section 288.9530, Florida Statutes, is

11  created to read:

12         288.9530  The Florida Business Expansion Corporation.--

13         (1)  The Florida Business Expansion Corporation is

14  created as a corporation not for profit, to be incorporated

15  under the provisions of chapter 617. The corporation is

16  organized on a nonstock basis. The corporation shall provide

17  business expansion assistance to businesses in this state

18  having job growth or emerging technology potential and fewer

19  than 500 employees. The primary purpose of the corporation

20  shall be to assist such Florida businesses to grow through the

21  development of cross-border transactions that lead to

22  increased revenues, cost reductions, sales, or investments for

23  Florida businesses. For purposes of this section, the term

24  "cross-border transactions" means the formation of joint

25  venture, strategic alliance, investment, technology transfer

26  or licensing, co-development, or other commercial

27  relationships between Florida businesses and non-Florida

28  entities. In providing its services, the corporation shall

29  seek to recover its costs and expenditures of state funds, via

30  fee, equity participation, or any other form of revenue

31  generation or recovery, and to achieve the self-sufficiency of

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  1  its operations. It is the intent of the Legislature that the

  2  corporation achieve self-sufficiency within 3 years of its

  3  establishment. For the purposes of this section, the term

  4  "self-sufficiency" means that the annual expenses of operation

  5  of the corporation shall be less than or equal to the total

  6  value of the compensation derived including fee, equity

  7  participation, or any other form of revenue generation or

  8  recovery from the operations of the corporation by June 30,

  9  2001.

10         Section 12.  Section 288.9531, Florida Statutes, is

11  created to read:

12         288.9531  Powers and duties of the corporation.--

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

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

15  have the power and duty to:

16         (a)  Locate Florida businesses that are strong

17  candidates for business expansion and match such businesses

18  with joint venture or strategic alliance partners, sources of

19  investment capital, or purchasers or licensees of technology.

20         (b)  Prepare selected Florida firms to achieve business

21  expansion through:

22         1.  Preparation of business plans and marketing

23  materials;

24         2.  Arranging participation in major domestic and

25  international events targeted towards industry participants

26  and investors; and

27         3.  Placement of articles in business press and trade

28  publications.

29         (c)  Counsel Florida businesses in the development and

30  execution of cross-border transactions.

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  1         (d)  Develop, in conjunction with target businesses,

  2  criteria for evaluation of potential cross-border transactions

  3  or strategic partners.

  4         (e)  Provide listings of strategic partners which meet

  5  agreed-upon criteria.

  6         (f)  Develop negotiating strategies and marketing

  7  materials designed to address the concerns of potential

  8  strategic partners.

  9         (g)  Approach and initiate discussions with potential

10  strategic partners and investors.

11         (h)  Present Florida small and medium-sized firms to

12  potential strategic partners and investors.

13         (i)  Identify and, in conjunction with associated

14  professionals, provide guidance on critical business and legal

15  issues associated with proposed transactions, including issues

16  relating to transfers of assets, ownership of intellectual

17  property, tax planning, and other relevant matters.

18         (j)  Assist in the negotiation of pricing and terms of

19  participation of the parties.

20         (k)  Close cross-border transactions on behalf of

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

22  professionals in the closing of the transaction.

23         (l)  Handle issues that arise after closing to ensure

24  continued success of the transaction.

25         (m)  Charge fees, in amounts to be determined by the

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

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

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

29  Development a business plan providing further specifics of its

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

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  1         (a)  Specific goals and outcomes to be achieved by the

  2  corporation in the accomplishment of its statutory duties;

  3         (b)  Types of specific assistance to be rendered to

  4  Florida businesses, including detailed descriptions of the

  5  specific steps required to provide each type of assistance,

  6  and the projected costs of such assistance; and

  7         (c)  Specific provisions for the self-sufficient

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

  9  specific projections of the compensation anticipated from

10  generation of successful cross-border transactions.

11         (3)  On or before August 1, 1999, the corporation shall

12  submit to the Office of Tourism, Trade, and Economic

13  Development the results of its analysis of potential benefits

14  to Florida businesses from the formation of stronger and more

15  numerous international and domestic commercial relationships

16  via cross-border transactions. The analysis shall include a

17  survey and detailed review of Florida business sectors to

18  determine their specific needs and potential benefits to be

19  derived from cross-border transactions, and shall include

20  specific recommendations regarding the expansion of specific

21  Florida business sectors through development of cross-border

22  relationships. The analysis will provide:

23         (a)  The current structure of Florida high-technology,

24  biotechnology and aerospace industries;

25         (b)  An evaluation of global market positioning of

26  various Florida business and industrial sectors;

27         (c)  Comprehensive data on cross-border opportunities

28  for specific Florida business and industrial sectors;

29         (d)  An analysis and survey of small and medium-sized

30  firms and academic entities with significant potential for

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  1  cross-border transactions to determine their interest in

  2  expansion and requirements for doing so;

  3         (e)  Identification of entities capable of meeting the

  4  needs of Florida businesses identified in the study through

  5  cross-border transactions; and

  6         (f)  Specific measures to be taken, including necessary

  7  legislation, to bring about such relationships for the benefit

  8  of the Florida economy.

  9         (4)  The analysis and the data upon which it is based

10  shall constitute a public record and shall be distributed in a

11  manner that will provide maximum benefit to Florida

12  businesses.

13         Section 13.  Section 288.9532, Florida Statutes, is

14  created to read:

15         288.9532  Board of directors.--

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

17  directors consisting of the following persons:

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

19  or her designee;

20         (b)  The Comptroller or his or her designee;

21         (c)  The Commissioner of Insurance or his or her

22  designee;

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

24  Board or his or her designee;

25         (e)  The chair of the Florida Export finance

26  Corporation or his or her designee; and

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

28  corporation or his or her designee.

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

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

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

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  1  whom shall be appointed to serve a 2-year term. Minority and

  2  gender representation shall be considered when making at-large

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

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

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

  6  or her own reappointment.

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

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

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

10  limited to, individuals representing small and medium-sized

11  businesses, minority businesses, universities and other

12  institutions of higher education, and international and

13  domestic economic development organizations. A majority of

14  at-large members of the board must have significant experience

15  in international business, with expertise in the areas of

16  trade, transportation, finance, law, or manufacturing.

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

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

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

20  expenses, as determined by the board of directors.

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

22  board shall constitute a quorum for purposes of all business

23  of the board.

24         Section 14.  Section 288.9533, Florida Statutes, is

25  created to read:

26         288.9533  Powers and duties of the board of

27  directors.--The board shall:

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

29  Business Expansion account, adopt bylaws and internal

30  procedures that are necessary to carry out the

31  responsibilities of the corporation. The articles and bylaws

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  1  of the corporation must be reviewed and approved by the Office

  2  of Tourism, Trade, and Economic Development prior to final

  3  adoption by the board;

  4         (2)  Hold regularly scheduled meetings, at least

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

  6  the board;

  7         (3)  Develop a streamlined application and review

  8  process;

  9         (4)  Adopt rules and policies, including application

10  and award criteria, regarding eligibility of businesses to

11  receive assistance from the corporation. Such rules and

12  policies shall include, but are not limited to, the

13  requirements that the target businesses:

14         (a)  Have substantial operations in Florida;

15         (b)  Have products, business, or technology in

16  existence at the time of application;

17         (c)  Have proven management;

18         (d)  Be in a stage of business which is favorable to

19  expansion of the business into international markets;

20         (e)  Have products or technologies that have a

21  substantial potential for beneficial effect on business

22  expansion, business revenue, or employment in Florida; and

23         (f)  Have products or technologies that are potential

24  technology or market leaders with substantial commercial

25  potential in international markets.

26         (5)  Proposed awards of assistance must be reviewed and

27  approved at meetings of the board. The board shall give the

28  highest priority to activities that offer the greatest

29  opportunity for economic development impact and cost recovery.

30         Section 15.  Section 288.9534, Florida Statutes, is

31  created to read:

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  1         288.9534  Management of the corporation.--

  2         (1)  The activities of the corporation shall be

  3  administered under a multiyear contract with a private-sector

  4  entity selected by the board no later than September 1, 1998.

  5  Such company shall have responsibility for performance of all

  6  statutory duties of the corporation under the control and

  7  supervision of the board. Management companies must:

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

  9  Florida-resident personnel to perform services under the

10  contract;

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

12  creation of cross-border transactions, and at least 10 years

13  of operational experience in such business;

14         (c)  Have staff with substantial financial and

15  international affairs experience;

16         (d)  Have international offices;

17         (e)  Commit to a cash match expenditure of 10 percent

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

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

20  contractor and expended directly in the pursuit of the

21  statutory purposes of the corporation; and

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

23  following areas as possible:

24         1.  Arrangement of cross-border transactions;

25         2.  Development and implementation of market-entry

26  strategies for business expansion;

27         3.  Preparation of market analyses and strategic plans;

28  and

29         4.  Working with foreign and domestic financial

30  institutions, highly regulated industries, and foreign

31  governments.

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  1         (2)  The company selected pursuant to this subsection

  2  shall provide personnel to serve as officers of the

  3  corporation, who shall perform on behalf of the corporation

  4  all of the customary functions of the offices they occupy.

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

  6  with the management company of total compensation derived from

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

  8  quarterly, and shall involve the total compensation of the

  9  corporation which is in excess of the expenses of the

10  corporation for that quarter.

11         (4)  Prior to securing management services for the

12  corporation, staffing of the corporation shall be provided by

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

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

15  candidates qualified and desiring to perform the duties of the

16  management company specified in this section. The Office of

17  Tourism, Trade, and Economic Development shall also have

18  responsibility for the establishment of performance measures

19  and requirements that provide for the performance of the

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

21         (a)  Specific outcomes from the performance of the

22  management company, as well as timetables for the

23  accomplishment of such outcomes;

24         (b)  Requirements relating to the handling of state

25  funds and providing for third-party audit and financial review

26  of the operations of the corporation;

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

28  corporation in the event of cessation of operations of the

29  corporation; and

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

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

  3  provided in the management contract.

  4         Section 16.  Section 288.9535, Florida Statutes, is

  5  created to read:

  6         288.9535  Florida Business Expansion Account.--

  7         (1)  The board shall create the Florida Business

  8  Expansion Account for the purpose of receiving state, federal,

  9  and private financial resources, and the return from

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

11  corporation. The account shall be under the exclusive control

12  of the board.

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

14  operating expenses of the corporation and for other

15  statutorily authorized purposes, including costs of research,

16  provision of business assistance to targeted businesses, and

17  other costs.

18         (3)  Appropriations for the corporation shall be

19  deposited into the account.

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

21  subaccounts necessary and convenient for the operation of the

22  corporation with state or federally chartered financial

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

24  account in permissible securities.

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

26  the returns on funds in the account.

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

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

29  promote the statutory purposes of the corporation.

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

31  state be pledged by or on behalf of the corporation, other

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  1  than funds appropriated by law to the account, nor shall the

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

  3  account or against the corporation.

  4         (8)  Pursuant to s. 216.351, the amount of any moneys

  5  appropriated to the account which is unused at the end of the

  6  fiscal year shall not be subject to reversion under s.

  7  216.301. All moneys in the account are continuously

  8  appropriated to the account and may be used for the purposes

  9  specified in this section. The Office of Tourism, Trade, and

10  Economic Development shall ensure that all funds in the

11  account shall revert to the state in the event that the

12  corporation is dissolved, ceases operations, or upon the

13  evaluation of the board that such services cannot be provided

14  on a cost-recovery basis. Such a determination shall be made

15  only after an initial period of program setup and market

16  research of at least 1 year.

17         Section 17.  Section 288.9536, Florida Statutes, is

18  created to read:

19         288.9536  Reporting and review.--

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

21  cooperation with the Office of Program Policy Analysis and

22  Government Accountability, shall develop a research design,

23  including goals and measurable objectives for the corporation,

24  which will provide the Legislature with a quantitative

25  evaluation of the corporation. The corporation shall use the

26  monitoring mechanisms and reports developed in the designs and

27  provide these reports to the Governor, the President of the

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

29  Office of Program Policy Analysis and Government

30  Accountability.

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

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

  3  financial status of the corporation and the account and shall

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

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

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

  7  specify the assets and liabilities of the account within the

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

  9  assisted, the benefits obtained by each business assisted,

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

11  reductions, sales, or investments that have been realized by

12  such businesses.

13         (3)  Prior to the 2001 Regular Session of the

14  Legislature, the Office of Program Policy Analysis and

15  Government Accountability shall perform a review and

16  evaluation of the corporation using the research design

17  promulgated pursuant to this section. The report shall review

18  and comment on the operations and accomplishments of the

19  corporation. A report of the findings and recommendations of

20  the Office of Program Policy Analysis and Government

21  Accountability shall be submitted to the President of the

22  Senate and the Speaker of the House of Representatives prior

23  to the 2001 Regular Session.

24         Section 18.  Part III of chapter 721, Florida Statutes,

25  consisting of sections 721.96, 721.97, and 721.98, is created

26  to read:

27         721.96  Purpose.--The purpose of this part is to

28  provide for the appointment of commissioners of deeds to take

29  acknowledgments, proofs of execution, and oaths outside the

30  United States in connection with the execution of any deed,

31  mortgage, deed of trust, contract, power of attorney, or any

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  1  other agreement, instrument, or writing concerning, relating

  2  to, or to be used or recorded in connection with a timeshare

  3  estate, timeshare license, any property subject to a timeshare

  4  plan, or the operation of a timeshare plan located within this

  5  state.

  6         721.97  Timeshare commissioner of deeds.--

  7         (1)  The Governor may appoint commissioners of deeds to

  8  take acknowledgments, proofs of execution, or oaths in any

  9  foreign country. The term of office shall be for 4 years.

10  Commissioners of deeds shall have authority to take

11  acknowledgments, proofs of execution, and oaths in connection

12  with the execution of any deed, mortgage, deed of trust,

13  contract, power of attorney, or any other writing to be used

14  or recorded in connection with a timeshare estate, a timeshare

15  license, any property subject to a timeshare plan, or the

16  operation of a timeshare plan located within this state,

17  provided that such instrument or writing is executed outside

18  the United States. Such acknowledgments, proofs of execution,

19  and oaths must be taken or made in the manner directed by the

20  laws of this state, including, but not limited to, s.

21  117.05(4) and (5)(a) and (6), and certified by a commissioner

22  of deeds. The certification shall be endorsed on or annexed to

23  the instrument or writing aforesaid and has the same effect as

24  if made or taken by a notary public licensed in this state.

25         (2)  Any person seeking to be appointed a commissioner

26  of deeds shall take and subscribe an oath, before a notary

27  public in this state or any other state or a person authorized

28  to take oaths in another country, to well and faithfully

29  execute and perform the duties of such commissioner of deeds.

30  The oath shall be filed with the Department of State prior to

31  the person being commissioned.

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  1         (3)  Official acts performed by any previously

  2  appointed commissioners of deeds between May 30, 1997, and the

  3  effective date of this part are declared valid as though such

  4  official acts were performed in accordance with and under the

  5  authority of this part.

  6         721.98  Powers of the division.--The division has no

  7  duty of authority to regulate, enforce, or ensure compliance

  8  with any provision of this part.

  9         Section 19.  This act shall take effect upon becoming a

10  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 336

  3

  4  The committee substitute differs from the original Senate Bill
    in the following ways:
  5
    Provides that the Office of Tourism, Trade, and Economic
  6  Development (OTTED) ensure that the Legislature will be
    appropriately informed when OTTED experiences problems in
  7  making legislatively or contractually prescribed disbursements
    in a timely way;
  8
    Adds the Department of State to those entities in which
  9  foreign judgments shall be filed;

10  Requires the Secretary of State to create and maintain a list
    of jurisdictions which do not provide adequate recognition of
11  Florida money judgments for purposes of the Uniform
    Recognition of Foreign Money Judgments Act;
12
    Creates the Florida State International Archive and Repository
13  within the Division of Library and Information Services of the
    Department of State for the preservation of those public
14  records, manuscripts, international judgments involving
    disputes between domestic and foreign businesses, and all
15  other public matters the department or the Florida Council of
    International Relations deems relevant to international
16  issues;

17  Creates the Florida Business Expansion Corporation (FBEC) for
    the purpose of fostering the growth of Florida small and
18  mid-sized companies. FBEC is a Florida nonprofit corporation,
    who's focus will be on expanding Florida small and mid-sized
19  businesses through creation of joint ventures, strategic
    alliances, technology licensing agreements, capital
20  transactions and other commercial relationships between
    Florida businesses and non-Florida entities; and
21
    Re-authorizes the substance of the commissioners of deed
22  statute that was repealed November 1, 1997 in connection with
    foreign transactions associated with timeshare contracts.
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