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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 760

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Harris moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 59, between lines 16 and 17,

15

16  insert:

17         Section 24.  Enterprise Florida, Inc., shall develop a

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

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

20  that businesses may obtain comprehensive assistance and

21  information in the most productive and efficient manner. The

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

23  resources related to the provision of trade information, such

24  as trade leads and reverse investment opportunities; trade

25  counseling; and trade financing services. In developing the

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

27  participation and input of organizations providing these

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

29  have expertise and experience in international trade and

30  reverse investment. The master plan may include

31  recommendations for legislative action designed to enhance the

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                                                  SENATE AMENDMENT

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 1  delivery of international-trade and reverse-investment

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

 3  may include within the annual update or modification to the

 4  strategic plan required under section 288.905, Florida

 5  Statutes, must be submitted to the Legislature and the

 6  Governor before January 1, 1999.

 7         Section 25.  Enterprise Florida, Inc., in conjunction

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

 9  shall prepare a plan for promoting direct investment in

10  Florida by foreign businesses. This plan must assess and

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

12  investment and must include a detailed strategy for

13  capitalizing upon those strengths. In developing the plan,

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

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

16  business climate, businesses likely to facilitate the

17  transshipment of goods through Florida or to export

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

19  complement or correspond to those industries identified as

20  part of the sector-strategy approach to economic development

21  required under section 288.905, Florida Statutes. The plan

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

23  foreign direct investment and must include a detailed strategy

24  for addressing those weaknesses. The plan may include

25  recommendations for legislative action designed to enhance

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

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

28  the participation and input of entities that have expertise

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

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

31  or modification to the strategic plan required under section

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  288.905, Florida Statutes, must be submitted to the

 2  Legislature and the Governor before January 1, 1999.

 3         Section 26.  In anticipation of the day that the people

 4  of Cuba are no longer denied the inalienable rights and

 5  freedom that all men and women should be guaranteed,

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

 7  designed to allow Florida to capitalize on the economic

 8  opportunities associated with a free Cuba. The plan should

 9  recognize the historical and cultural ties between this state

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

11  relationship between these communities. The plan should also

12  recognize existing economic infrastructure in Florida that

13  could be applied toward trade and other business activities

14  with Cuba. The plan should identify specific preparatory steps

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

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

17  solicit the participation and input of individuals who have

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

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

20  experience in Cuba. The plan may include recommendations for

21  legislative action necessary to implement the strategic plan.

22  The plan must be submitted to the Governor and Legislature

23  before January 1, 1999.

24         Section 27.  Subsection (9) is added to section

25  14.2015, Florida Statutes, to read:

26         14.2015  Office of Tourism, Trade, and Economic

27  Development; creation; powers and duties.--

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

29  Development shall ensure the prompt disbursement of funds when

30  responsible for the disbursement of funds. When such funds

31  have not been disbursed on or before legislatively or

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                                                  SENATE AMENDMENT

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 1  contractually prescribed disbursement dates, or within 30 days

 2  of the beginning of the state fiscal year, whichever is

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

 4  Development shall notify the President of the Senate and the

 5  Speaker of the House of Representatives of the fact that such

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

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

 8  each succeeding 30 day period that such funds remain

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

10  Development shall provide a supplemental report to the

11  President of the Senate and the Speaker of the House of

12  Representatives with a brief description of the reasons for

13  the continued delay in disbursement.

14         Section 28.  Section 15.18, Florida Statutes, is

15  amended to read:

16         15.18  International and cultural relations.--The

17  Divisions of Cultural Affairs, Historical Resources, and

18  Library and Information Services of the Department of State

19  promote programs having substantial cultural, artistic, and

20  indirect economic significance that emphasize American

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

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

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

24  State is encouraged to initiate and develop relationships

25  between the state and foreign cultural officers, their

26  representatives, and other foreign governmental officials in

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

28  The Secretary of State shall coordinate international

29  activities pursuant to this section with Enterprise Florida,

30  Inc., and any other organization the secretary deems

31  appropriate the Florida International Affairs Commission.  For

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                                                  SENATE AMENDMENT

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 1  the accomplishment of this purpose, the Secretary of State

 2  shall have the power and authority to:

 3         (1)  Disseminate any information pertaining to the

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

 5         (2)  Plan and carry out activities designed to cause

 6  improved cultural and governmental programs and exchanges with

 7  foreign countries.

 8         (3)  Plan and implement cultural and social activities

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

10  and exchange groups.

11         (4)  Encourage and cooperate with other public and

12  private organizations or groups in their efforts to promote

13  the cultural advantages of Florida.

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

15  55.605(2)(g), relating to recognition of foreign money

16  judgments.

17         (6)(5)  Serve as the liaison with all foreign consular

18  and ambassadorial corps, as well as international

19  organizations, that are consistent with the purposes of this

20  section.

21         (7)(6)  Provide, arrange, and make expenditures for the

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

23  section.

24         (8)(7)  Notwithstanding the provisions of part I of

25  chapter 287, promulgate rules for entering into contracts

26  which are primarily for promotional services and events, which

27  may include commodities involving a service.  Such rules shall

28  include the authority to negotiate costs with the offerors of

29  such services and commodities who have been determined to be

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

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

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 1  expenditure of funds donated for promotional services and

 2  events. Expenditures of appropriated funds shall be made only

 3  in accordance with part I of chapter 287.

 4         Section 29.  Subsections (1) and (6) of section 55.604,

 5  Florida Statutes, are amended to read:

 6         55.604  Recognition and enforcement.--Except as

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

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

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

10  money. Procedures for recognition and enforceability of a

11  foreign judgment shall be as follows:

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

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

14  the public records in the county or counties where enforcement

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

16  create a lien on any property.

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

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

19  clerk of the circuit court an affidavit setting forth the

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

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

22  creditor.

23         (b)  Promptly upon the recording of the foreign

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

25  recording of the foreign judgment, by registered mail with

26  return receipt requested, to the judgment debtor at the

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

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

29  address of the judgment creditor and of the judgment

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

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

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 1  judgment to the judgment debtor and may record proof of

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

 3  notice of recording will not affect the enforcement

 4  proceedings if proof of mailing by the judgment creditor has

 5  been recorded.

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

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

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

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

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

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

12         Section 30.  Paragraph (g) of subsection (2) of section

13  55.605, Florida Statutes, is amended to read:

14         55.605  Grounds for nonrecognition.--

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

16         (g)  The foreign jurisdiction where judgment was

17  rendered would not give recognition to a similar judgment

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

19  Secretary of State shall establish and maintain a list of

20  foreign jurisdictions where the condition specified in this

21  paragraph has been found to apply.

22         Section 31.  Section 5.  Section 257.34, Florida

23  Statutes, is created to read:

24         257.34  Florida State International Archive and

25  Repository.--

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

27  and Information Services of the Department of State the

28  Florida International Archive and Repository for the

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

30  119.011(1), manuscripts, international judgements involving

31  disputes between domestic and foreign businesses, and all

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                                                  SENATE AMENDMENT

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 1  other public matters the department or the Florida Council of

 2  International Development deems relevant to international

 3  issues. It is the duty and responsibility of the division to:

 4         (a)  Organize and administer the Florida State

 5  International Archive and Repository;

 6         (b)  Preserve and administer such records as shall be

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

 8  them, according to approved archival and repository practices;

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

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

11  public records transferred to the custody of the division

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

13         (c)  Assist the records and information management

14  program in the determination of retention values for records;

15         (d)  Cooperate with and assist insofar as practicable

16  state institutions, departments, agencies, counties,

17  municipalities, and individuals engaged in international

18  related activities;

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

20  established by the division, the materials in the

21  international archive and repository may be studied;

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

23  international trade, government, and culture and maintain a

24  program of information, assistance, coordination, and guidance

25  for public officials, educational institutions, libraries, the

26  scholarly community, and the general public engaged in such

27  research;

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

29  agencies, libraries, institutions, and individuals in projects

30  designed to promote international related issues and preserve

31  original materials relating to international related issues;

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 1  and

 2         (h)  Assist and cooperate with the records and

 3  information management program in the training and information

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

 5         (2)  Any agency is authorized and empowered to turn

 6  over to the division any record no longer in current official

 7  use. The division, in its discretion, is authorized to accept

 8  such record and, having done so, shall provide for its

 9  administration and preservation as herein provided and, upon

10  acceptance, shall be considered the legal custodian of such

11  record. The division is empowered to direct and effect the

12  transfer to the archives of any records that are determined by

13  the division to have such historical or other value to warrant

14  their continued preservation or protection, unless the head of

15  the agency which has custody of the records certifies in

16  writing to the division that the records shall be retained in

17  the agency's custody for use in the conduct of the regular

18  current business of the agency.

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

20  State International Archive and Repository, as authorized in

21  this chapter, shall be vested in the division.

22         (4)  The division shall make certified copies under

23  seal of any record transferred to it upon the application of

24  any person, and said certificates shall have the same force

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

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

27  upon the cost of service.

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

29  of fees for services which shall include, but not be limited

30  to, restoration of materials, storage of materials, special

31  research services, and publications.

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 1         (6)  The division shall establish and maintain a

 2  mechanism by which the information contained within the

 3  Florida State International Archive and Repository may be

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

 5  division shall take whatever measures it deems appropriate to

 6  insure the validity, quality and safety of the information

 7  being accessed.

 8         (7)  The division shall promulgate such rules as are

 9  necessary to implement the provisions of this section.

10         (8)  The Florida council of International Development

11  may select materials for inclusion in the Florida State

12  International Archive and Repository and shall be consulted

13  closely by the division in all matters relating to its

14  establishment and maintenance.

15         Section 32.  Present subsections (3), (4), and (5) of

16  section 288.012, Florida Statutes, are redesignated as

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

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

19         288.012  State of Florida foreign offices.--The

20  Legislature finds that the expansion of international trade

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

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

23  of technical and business assistance, financial assistance,

24  and information services for businesses in this state. The

25  Legislature finds that these businesses could be assisted by

26  providing these services at State of Florida foreign offices.

27  The Legislature further finds that the accessibility and

28  provision of services at these offices can be enhanced through

29  cooperative agreements or strategic alliances between state

30  entities, local entities, foreign entities, and private

31  businesses.

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

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

 3  Development a complete and detailed report on its activities

 4  and accomplishments during the preceding fiscal year. In a

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

 6  set forth information on:

 7         (a)  The number of Florida companies assisted.

 8         (b)  The number of inquiries received about investment

 9  opportunities in this state.

10         (c)  The number of trade leads generated.

11         (d)  The number of investment projects announced.

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

13  confirmations.

14         (f)  The number of representation agreements.

15         (g)  The number of company consultations.

16         (h)  Barriers or other issues affecting the effective

17  operation of the office.

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

19  the current fiscal year.

20         (j)  Marketing activities conducted.

21         (k)  Strategic alliances formed with organizations in

22  the country in which the office is located.

23         (l)  Activities conducted with other Florida foreign

24  offices.

25         (m)  Any other information that the office believes

26  would contribute to an understanding of its activities.

27         Section 33.  Subsection (9) of section 288.8175,

28  Florida Statutes, is amended to read:

29         288.8175  Linkage institutes between postsecondary

30  institutions in this state and foreign countries.--

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

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                                                  SENATE AMENDMENT

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 1  linkage-institute budget requests to the Governor and the

 2  Legislature. State appropriations for institutes created under

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

 4  the department, which must apportion the funds among the

 5  various institutes in accordance with criteria established by

 6  the department. The linkage institutes shall be eligible to

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

 8  and Economic Development for the Targeted Market Pilot Project

 9  Grants Program as defined in ch. 14.2015, designed to improve

10  short and long term international business opportunities for

11  Florida businesses.

12         Section 34.  Section 288.9530, Florida Statutes, is

13  created to read:

14         288.9530  The Florida Business Expansion Corporation.--

15         (1)  The Florida Business Expansion Corporation is

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

17  incorporated under the provisions of chapter 617. The

18  corporation is organized on a nonstock basis. The corporation

19  shall provide business expansion assistance to businesses in

20  this state having job growth or emerging technology potential

21  and fewer than 500 employees. The primary purpose of the

22  corporation shall be to assist such Florida businesses to grow

23  through the development of cross-border transactions which

24  lead to increased revenues, cost reductions, sales or

25  investments for Florida businesses. For purposes of this Act,

26  "cross-border transactions" shall be defined as the formation

27  of joint venture, strategic alliance, investment, technology

28  transfer or licensing, co-development, or other commercial

29  relationships between Florida businesses and non-Florida

30  entities. In providing its services, the corporation shall

31  seek to recover its costs and expenditures of state funds via

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

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

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

 4  corporation achieve self-sufficiency within three years of its

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

 6  "self-sufficiency" shall mean that the annual expenses of

 7  operation of the corporation shall be less than or equal to

 8  the total value of the compensation derived including fee,

 9  equity participation, or any other form of revenue generation

10  or recovery from the operations of the corporation by June 30,

11  2001.

12         (2)  The corporation is intended to compliment, rather

13  than duplicate, the services and programs of Enterprise

14  Florida, Inc., the Florida Export Finance Corporation, and

15  other existing economic development entities. The corporation

16  programs are to serve small to mid-sized Florida firms in

17  conducting transactions with entities located in other states

18  and nations.

19         Section 35.  Section 288.9531, Florida Statutes, is

20  created to read:

21         288.9531  Powers and Duties of the Corporation.--

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

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

24  have the power and duty to:

25         (a)  Perform analyses of opportunities to Florida

26  businesses from the formation of stronger and numerous

27  commercial relationships through cross-border transactions;

28         (b)  Locate Florida businesses which are strong

29  candidates for business expansion and match such businesses

30  with joint venture or strategic alliance partners, sources of

31  investment capital, or purchasers or licensees of technology;

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 1         (c)  Prepare selected Florida firms to achieve business

 2  expansion through preparation of business plans and marketing

 3  materials, arranging participation in major domestic and

 4  international events targeted towards industry participants

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

 6  trade publications;

 7         (d)  Counsel Florida businesses in the development and

 8  execution of cross-border transactions;

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

10  criteria for evaluation of potential cross-border transactions

11  or strategic partners;

12         (f)  Provide listings of strategic partners which meet

13  agreed-upon criteria;

14         (g)  Develop negotiating strategies and marketing

15  materials designed to address the concerns of potential

16  strategic partners;

17         (h)  Approach and initiate discussions with potential

18  strategic partners and investors;

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

20  potential strategic partners and investors;

21         (j)  Identify and, in conjunction with associated

22  professionals, provide guidance on critical business and legal

23  issues associated with proposed transactions, including issues

24  relating to transfers of assets, ownership of intellectual

25  property, tax planning, and other relevant matters;

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

27  participation of the parties;

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

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

30  professionals in the closing of the transaction;

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

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 1  continued success of the transaction; and

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

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

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

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

 6  Development a business plan providing further specifics of its

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

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

 9  corporation in the accomplishment of its statutory duties;

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

11  Florida businesses, including detailed descriptions of the

12  specific steps required to provide each type of assistance,

13  and the projected costs of such assistance; and

14         (c)  Specific provisions for the self-sufficient

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

16  specific projections of the compensation anticipated from

17  generation of successful cross-border transactions.

18         (d)  A description of the manner in which the

19  corporation will interact with existing state-sponsored

20  economic development entities.

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

22  based shall constitute a public record and shall be

23  distributed in a manner which will provide maximum benefit to

24  Florida businesses.

25         Section 36.  Section 288.9532, Florida Statutes, is

26  created to read:

27         288.9532  Board of directors.--

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

29  directors consisting of the following persons:

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

31  designee;

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 1         (b)  The Comptroller or his designee;

 2         (c)  The Commissioner of Insurance or his designee;

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

 4  Board or his designee;

 5         (e)  The chair of the Florida Export Finance

 6  Corporation or his designee; and

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

 8  corporation or his designee.

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

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

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

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

13  representation shall be considered when making at-large

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

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

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

17  or her own reappointment.

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

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

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

21  limited to, individuals representing small and medium-sized

22  businesses, minority businesses, universities and other

23  institutions of higher education, and international and

24  domestic economic development organizations. A majority of

25  at-large members of the board shall have significant

26  experience in international business, with expertise in the

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

28  manufacturing.

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

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

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

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 1  expenses, as determined by the board of directors.

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

 3  board shall constitute a quorum for purposes of all business

 4  of the board.

 5         Section 37.  Section 288.9533, Florida Statutes is

 6  created to read:

 7         288.9533  Powers and Duties of the Board of

 8  Directors.--

 9         The board shall:

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

11  Business Expansion account, adopt bylaws and internal

12  procedures which are necessary to carry out the

13  responsibilities of the corporation. The articles and bylaws

14  of the corporation shall be reviewed and approved by the

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

16  final adoption by the board;

17         (2)  Hold regularly scheduled meetings, at least

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

19  the board;

20         (3)  Develop a streamlined application and review

21  process;

22         (4)  Adopt rules and policies, including application

23  and award criteria, regarding eligibility of businesses to

24  receive assistance from the corporation. Such rules and

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

26  requirements that the target businesses:

27         (a)  Shall have substantial operations in Florida;

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

29  existence at the time of application;

30         (c)  Shall have proven management;

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

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                                                  SENATE AMENDMENT

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 1  to expansion of the business into international markets;

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

 3  substantial potential for beneficial effect on business

 4  expansion, business revenue or employment in Florida; and

 5         (f)  Shall have products or technologies which are

 6  potential technology or market leaders with substantial

 7  commercial potential in international markets.

 8         (5)  Proposed awards of assistance shall be reviewed

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

10  the highest priority to activities that offer the greatest

11  opportunity for economic development impact and cost recovery.

12         Section 38.  Chapter 288.9534, Florida Statutes is

13  created to read:

14         288.9534  Management of the Corporation.--

15         (1)  The activities of the corporation shall be

16  administered under a multiyear contract with a private sector

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

18  Such company shall have responsibility for performance of all

19  statutory duties of the corporation, under the control and

20  supervision of the board. Potential management companies

21  shall:

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

23  Florida-resident personnel to perform services under the

24  contract;

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

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

27  of operational experience in such business;

28         (c)  Have staff with substantial financial and

29  international affairs experience;

30         (d)  Have international offices;

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

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

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

 3  contractor and expended directly in the pursuit of the

 4  statutory purposes of the corporation; and

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

 6  following areas as possible:

 7         1.  Arrangement of cross-border transactions;

 8         2.  Development and implementation of market entry

 9  strategies for business expansion;

10         3.  Preparation of market analyses and strategic plans;

11  and

12         4.  Work with foreign and domestic financial

13  institutions, highly regulated industries and foreign

14  governments.

15         (2)  The company selected pursuant to this subsection

16  shall provide personnel to serve as officers of the

17  corporation who shall perform on behalf of the corporation all

18  of the customary functions of the offices they occupy.

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

20  with the management company of total compensation derived from

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

22  quarterly, and shall involve the total compensation of the

23  corporation which are in excess of the expenses of the

24  corporation for that quarter.

25         (4)  Prior to securing management services for the

26  corporation, staffing of the corporation shall be provided by

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

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

29  candidates qualified and desiring to perform the duties of the

30  management company specified in this section. The Office of

31  Tourism, Trade, and Economic Development shall also have

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                                                  SENATE AMENDMENT

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 1  responsibility for the establishment of performance measures

 2  and requirements which provide for the performance of the

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

 4         (a)  Specific outcomes from the performance of the

 5  management company, as well as timetables for the

 6  accomplishment of such outcomes;

 7         (b)  Requirements relating to the handling of state

 8  funds and providing for third party audit and financial review

 9  of the operations of the corporation;

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

11  corporation in the event of cessation of operations of the

12  corporation; and

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

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

15  provided in the management contract.

16         Section 39.  Section 288.9535, Florida Statutes, is

17  created to read:

18         288.9535  Florida Business Expansion Account.--

19         (1)  The board shall create the Florida Business

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

21  and private financial resources, and the return from

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

23  corporation. The account shall be under the exclusive control

24  of the board.

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

26  operating expenses of the corporation and for other

27  statutorily authorized purposes, including costs of research,

28  provision of business assistance to targeted businesses, and

29  other costs.

30         (3)  Appropriations for the corporation shall be

31  deposited into the account.

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                                                  SENATE AMENDMENT

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

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

 3  corporation with state or federally chartered financial

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

 5  account in permissible securities.

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

 7  the returns on funds in the account.

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

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

10  promote the statutory purposes of the corporation.

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

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

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

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

15  account or against the corporation.

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

17  appropriated to the account which are unused at the end of the

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

19  216.301. All moneys in the account are continuously

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

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

22  Economic Development shall ensure that all funds in the

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

24  corporation is dissolved, ceases operations, or upon the

25  evaluation of the board that such services cannot be provided

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

27  only after an initial period of program setup and market

28  research of at least one year.

29         Section 40.  Section 288.9536, Florida Statutes, is

30  created to read:

31         288.9536  Reporting and Review.--

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

 2  cooperation with the Office of Program Policy Analysis and

 3  Government Accountability shall develop a research design,

 4  including goals and measurable objectives for the corporation,

 5  which will provide the Legislature with a quantitative

 6  evaluation of the corporation. The corporation shall utilize

 7  the monitoring mechanisms and reports developed in the designs

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

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

10  the Office of Program Policy Analysis and Government

11  Accountability.

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

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

14  financial status of the corporation and the account and shall

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

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

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

18  specify the assets and liabilities of the account within the

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

20  assisted, the benefits obtained by each business assisted,

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

22  reductions, sales or investment which have been realized by

23  such businesses.

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

25  Legislature, the Office of Program Policy Analysis and

26  Government Accountability shall perform a review and

27  evaluation of the corporation using the research design

28  promulgated pursuant to this section. The report shall review

29  and comment on the operations and accomplishments of the

30  corporation. A report of the findings and recommendations of

31  the Office of Program Policy Analysis and Government

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 760

    Amendment No.    





 1  Accountability shall be submitted to the President of the

 2  Senate and the Speaker of the House of Representatives prior

 3  to the 2001 regular session.

 4         Section 41.    Part IV of chapter 721, Florida

 5  Statutes, consisting of sections 721.96, 721.97, and 721.98,

 6  is created to read:

 7         721.96  Purpose.--The purpose of this part is to

 8  provide for the appointment of commissioners of deeds to take

 9  acknowledgments, proofs of execution and oaths outside the

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

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

12  other agreement, instrument or writing concerning, relating

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

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

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

16  state.

17         721.97  Timeshare Commissioner of Deeds.--

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

19  take acknowledgments, proofs of execution or oaths in any

20  foreign country. The term of office shall be for four years.

21  Commissioners of deeds shall have authority to take

22  acknowledgments, proofs of execution and oaths in connection

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

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

25  or recorded in connection with a timeshare estate, timeshare

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

27  operation of a timeshare plan located within this state;

28  provided such instrument or writing is executed outside the

29  United States. Such acknowledgments, proofs of execution and

30  oaths must be taken or made in the manner directed by the laws

31  of this state, including, but not limited to, s. 117.05(4),

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    Amendment No.    





 1  (5)(a) and (6), and certified by a commissioner of deeds. The

 2  certification shall be endorsed on or annexed to the

 3  instrument or writing aforesaid and has the same effect as if

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

 5         (2)  Any person seeking to be appointed a commission of

 6  deeds shall take and subscribe an oath, before a notary public

 7  in this state or any other state, or a person authorized to

 8  take oaths in another country, to well and faithfully execute

 9  and perform the duties of such commissioner of deeds. The oath

10  shall be filed with the Department of State prior to the

11  person being commissioned.

12         (3)  Official acts performed by any previously

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

14  effective date of this part, are declared valid as though such

15  official acts were performed in accordance with and under the

16  authority of this part.

17         721.98  Powers of the division.--The division has no

18  duty or authority to regulate, enforce, or ensure compliance

19  with any provision of this part.

20

21  (Redesignate subsequent sections.)

22

23

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

25  And the title is amended as follows:

26         On page 4, between lines 24 and 25,

27

28  insert:

29         An act relating to international economic

30         development; requiring Enterprise Florida,

31         Inc., to develop a master plan for integrating

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 760

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 1         international trade and reverse investment

 2         resources; prescribing procedures, content, and

 3         a submission deadline related to such plan;

 4         requiring Enterprise Florida, Inc., in

 5         conjunction with the Office of Tourism, Trade,

 6         and Economic Development, to prepare a plan to

 7         promote foreign direct investment in Florida;

 8         prescribing procedures, content, and a

 9         submission deadline related to such plan;

10         requiring Enterprise Florida, Inc., to develop

11         a strategic plan that will allow Florida to

12         capitalize on the economic opportunities

13         associated with a post-embargo Cuba; amending

14         s. 14.2015, F.S.; relating to the disbursement

15         of certain funds by the Office of Tourism,

16         Trade, and Economic Development; requiring

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

18         coordination of international activities of the

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

20         requiring foreign judgments to be filed with

21         the Secretary of State; amending s. 55.605,

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

23         create and maintain a specified list relative

24         to foreign money judgments; amending s. 15.18,

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

26         maintain lists relating to foreign money

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

28         the Florida State International Archive;

29         Providing requirements for the archive;

30         providing for access to the archive; amending

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 760

    Amendment No.    





 1         institutes to competitively apply for Targeted

 2         Market Pilot Projects Grants; creating s.

 3         288.9530, F.S.; providing for the creation of

 4         the Florida Business Expansion Corporation to

 5         provide business expansion assistance to

 6         businesses in the state having job growth or

 7         emerging technology potential; creating s.

 8         288.9531, F.S.; providing for powers and duties

 9         of the corporation; creating s. 288.9532, F.S.,

10         and s. 288.9533, F.S.; creating the corporation

11         board of directors and providing for their

12         powers and duties; creating s. 288.9534, F.S.;

13         providing that the corporation contracts with

14         an experienced management company to administer

15         and perform the duties of the corporation;

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

17         Florida Business Expansion Account to receive

18         state, federal, and private financial resources

19         for the purpose of funding the objectives of

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

21         providing for the reporting and review

22         requirements of the corporation; creating Part

23         IV of ch. 721; creating s. 721.96, F.S.;

24         providing a purpose for the commissioners of

25         deeds; creating s. 721.97, F.S.; authorizing

26         the appointment of commissioners of deed;

27         providing authority; ratifying certain actions

28         of commissioners of deeds; creating s. 721.98,

29         F.S.; limiting powers of the Division of

30         Florida Land Sales, Condominiums, and Mobile

31         Homes; amending s. 288.012, F.S., relating to

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1         State of Florida foreign offices; directing

 2         each office to report annually to the Office of

 3         Tourism, Trade, and Economic Development on

 4         activities and accomplishments; prescribing the

 5         contents of such reports;

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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