Senate Bill sb2492c1
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Florida Senate - 2003 CS for SB 2492
By the Committee on Commerce, Economic Opportunities, and
Consumer Services; and Senator Garcia
310-2125-03
1 A bill to be entitled
2 An act relating to economic development;
3 reenacting and amending s. 288.9515, F.S.;
4 revising and clarifying powers of Enterprise
5 Florida, Inc., to develop authorized technology
6 development programs; deleting a preference
7 requirement for contractor selections;
8 clarifying a requirement for capitalization of
9 a technology development financing fund;
10 revising criteria and requirements for
11 investment of moneys in the Florida Technology
12 Research Investment Fund; providing for payment
13 of certain claims from the fund; specifying
14 nonapplication of state credit or taxing power;
15 specifying absence of state liability for
16 certain claims; directing Enterprise Florida,
17 Inc., to facilitate the formation of investor
18 networks; repealing s. 288.9517, F.S., relating
19 to audits of the technology development board
20 and confidentiality of the identity of certain
21 contributors to the board; repealing s. 14, ch.
22 93-187, Laws of Florida, relating to the future
23 repeal and review by the Legislature of
24 statutes governing certain technology
25 development programs of Enterprise Florida,
26 Inc.; providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Notwithstanding section 14 of chapter
31 93-187, Laws of Florida, section 288.9515, Florida Statutes,
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Florida Senate - 2003 CS for SB 2492
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1 shall not stand repealed on December 31, 2003, as scheduled by
2 such law, but that section is reenacted and amended to read:
3 288.9515 Authorized technology development programs.--
4 (1) Enterprise Florida, Inc., may create technology
5 development and applications services, and may serve as an
6 umbrella organization for the coordination of information that
7 provides technology applications service providers throughout
8 the state which provide critical, managerial, technological,
9 scientific, and related financial and business expertise
10 essential for international and domestic competitiveness to
11 small-sized and medium-sized manufacturing and knowledge-based
12 service firms. Enterprise Florida, Inc., is authorized the
13 following powers in order to carry out these functions:
14 (a) Providing communication and coordination services
15 among technology development and applications service
16 providers throughout the state.
17 (b) Providing coordinated marketing services to
18 small-sized and medium-sized manufacturers in the state on
19 behalf of, and in partnership with, technology applications
20 service providers.
21 (b)(c) Securing additional sources of funds on behalf
22 of, and in partnership with, technology-based businesses
23 applications service providers.
24 (c)(d) Developing plans and policies to assist
25 small-sized and medium-sized manufacturing companies or other
26 knowledge-based firms in Florida.
27 (e) Entering into contracts with technology
28 applications service providers for expanded availability of
29 high-quality assistance to small-sized and medium-sized
30 manufacturing companies or knowledge-based service firms,
31 including, but not limited to, technological, human resources
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Florida Senate - 2003 CS for SB 2492
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1 development, market planning, finance, and interfirm
2 collaboration. Enterprise Florida, Inc., shall ensure that all
3 contracts in excess of $20,000 for the delivery of such
4 assistance to Florida firms shall be based on competitive
5 requests for proposals and shall establish clear standards for
6 the delivery of services under such contracts. Such standards
7 include, but are not limited to:
8 1. The ability and capacity to deliver services in
9 sufficient quality and quantity.
10 2. The ability and capacity to deliver services in a
11 timely manner.
12 3. The ability and capacity to meet the needs of firms
13 in the proposed market area.
14 (d)(f) Assisting other educational institutions,
15 enterprises, or the entities providing business assistance to
16 small-sized and medium-sized manufacturing and knowledge-based
17 services enterprises.
18 (g) Establishing a system to evaluate the
19 effectiveness and efficiency of technology applications
20 services provided to small-sized and medium-sized enterprises.
21 (e)(h) Establishing special education and
22 informational programs for Florida enterprises and for
23 educational institutions and enterprises providing business
24 assistance to Florida enterprises.
25 (f)(i) Assisting in evaluating and documenting the
26 needs of firms in this state for technology development and
27 application services, and developing means to ensure that
28 these needs are met, consistent with the powers provided for
29 in this subsection.
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Florida Senate - 2003 CS for SB 2492
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1 (g)(j) Maintaining an office in such place or places
2 as the board of directors of Enterprise Florida, Inc.,
3 approves.
4 (h)(k) Making and executing contracts with any person,
5 enterprise, educational institution, association, or any other
6 entity necessary or convenient for the performance of its
7 duties and the exercise of the powers and functions of
8 Enterprise Florida, Inc., under this subsection.
9 (i)(l) Receiving funds from any source to carry out
10 the purposes of providing technology development and
11 applications services, including, but not limited to, gifts or
12 grants from any department, agency, or instrumentality of the
13 United States or of the state, or any enterprise or person,
14 for any purpose consistent with the provisions of this
15 subsection.
16 (2) When choosing contractors under this section,
17 preference shall be given to existing institutions,
18 organizations, and enterprises so long as these existing
19 institutions, organizations, and enterprises demonstrate the
20 ability to perform at standards established by Enterprise
21 Florida, Inc., under paragraph (1)(e). Neither the provisions
22 of ss. 288.9511-288.9517 nor the actions taken by Enterprise
23 Florida, Inc., under this section shall impair or hinder the
24 operations, performance, or resources of any existing
25 institution, organization, or enterprise.
26 (3) Enterprise Florida, Inc., may create a technology
27 development financing fund, to be called the Florida
28 Technology Research Investment Fund. The fund shall increase
29 technology development in this state by investing in
30 technology development projects that have the potential to
31 generate investment-grade technologies of importance to the
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1 state's economy as evidenced by the willingness of private
2 businesses to coinvest in such projects. Enterprise Florida,
3 Inc., may also demonstrate and develop effective approaches
4 to, and benefits of, commercially oriented research
5 collaborations between businesses, universities, and state and
6 federal agencies and organizations. Enterprise Florida, Inc.,
7 shall endeavor to maintain the fund as a self-supporting fund
8 once the fund is sufficiently capitalized under Enterprise
9 Florida, Inc., program guidelines as reflected in the minimum
10 funding report required in s. 288.9516. The technology
11 research investment projects may include, but are not limited
12 to:
13 (a) Technology development projects expected to lead
14 to a specific investment-grade technology that is of
15 importance to industry in this state.
16 (b) Technology development centers and facilities
17 expected to generate a stream of products and processes with
18 commercial application of importance to industry in this
19 state.
20 (c) Technology development projects that have, or are
21 currently using, other federal or state funds such as federal
22 Small Business Innovation Research awards.
23 (4) Enterprise Florida, Inc., shall invest moneys
24 contained in the Florida Technology Research Investment Fund
25 in technology application research or for technology
26 development projects that have the potential for commercial
27 market application. The partnership shall coordinate any
28 investment in any space-related technology projects with the
29 Florida Space Authority and the Technological Research and
30 Development Authority.
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Florida Senate - 2003 CS for SB 2492
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1 (a) The investment of moneys contained in the Florida
2 Technology Research Investment Fund is limited to qualified
3 investments in qualified securities in which a private
4 enterprise in this state coinvests at least 40 percent of the
5 total project costs, in conjunction with other cash or noncash
6 investments from state educational institutions, state and
7 federal agencies, or other institutions.
8 (b) All moneys in the Florida Technology Research
9 Investment Fund shall be continuously appropriated to the fund
10 and may be used for loan guarantees, letter of credit
11 guarantees, cash reserves for loan and letter of credit
12 guarantees, payments of claims pursuant to contracts for
13 guarantees, subordinated loans, loans with warrants, royalty
14 investments, equity investments, and For the purposes of this
15 fund, qualified securities include loans, loans convertible to
16 equity, equity, loans with warrants attached that are
17 beneficially owned by the board, royalty agreements, or any
18 other contractual arrangements through which the Florida
19 Technology Research Investment Fund receives an interest,
20 rights, return of funds, or other consideration, and may be
21 used for operations of the fund. All such uses of moneys in
22 the fund are qualified investments arrangement in which the
23 board is providing scientific and technological services to
24 any federal, state, county, or municipal agency, or to any
25 individual, corporation, enterprise, association, or any other
26 entity involving technology development. Any claim against the
27 fund or Enterprise Florida, Inc., relating to investment of
28 moneys in the fund shall be paid solely from the fund. Neither
29 the credit nor the taxing power of the state shall be pledged
30 to secure the fund or moneys in the fund, other than from
31 moneys appropriated or assigned to the fund, and the state
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Florida Senate - 2003 CS for SB 2492
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1 shall not be liable or obligated in any way for any claims
2 against the fund or against Enterprise Florida, Inc.
3 (c) Not more than $175,000 or 5 percent of the
4 revenues generated by investment of moneys contained in the
5 Florida Technology Research Investment Fund plus 5 percent of
6 the revenues generated by investments under the Florida Small
7 Business Technology Growth Program under s. 288.95155,
8 whichever is greater, may be used on an annual basis to pay
9 the combined operating expenses associated with operation of
10 the Florida Technology Research Investment Fund and the
11 Florida Small Business Technology Growth Program.
12 (d) In the event of liquidation or dissolution of
13 Enterprise Florida, Inc., or the Florida Technology Research
14 Investment Fund, any rights or interests in a qualified
15 security or portion of a qualified security purchased with
16 moneys invested by the State of Florida shall vest in the
17 state, under the control of the State Board of Administration.
18 The state is entitled to, in proportion to the amount of
19 investment in the fund by the state, any balance of funds
20 remaining in the Florida Technology Research Investment Fund
21 after payment of all debts and obligations upon liquidation or
22 dissolution of Enterprise Florida, Inc., or the fund.
23 (e) The investment of funds contained in the Florida
24 Technology Research Investment Fund does not constitute a
25 debt, liability, or obligation of the State of Florida or of
26 any political subdivision thereof, or a pledge of the faith
27 and credit of the state or of any such political subdivision.
28 (5) Enterprise Florida, Inc., may create technology
29 commercialization programs in partnership with private
30 enterprises, educational institutions, and other institutions
31 to increase the rate at which technologies with potential
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Florida Senate - 2003 CS for SB 2492
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1 commercial application are moved from university, public, and
2 industry laboratories into the marketplace. Such programs
3 shall be created based upon research to be conducted by
4 Enterprise Florida, Inc.
5 (6) Enterprise Florida, Inc., shall coordinate with
6 local and regional economic development organizations to
7 facilitate the formation and growth of networks of individuals
8 or businesses who may be willing to invest in start-up
9 technology businesses in the state in order to help these
10 start-up businesses meet their needs for capital.
11 Section 2. Section 288.9517, Florida Statutes, is
12 repealed.
13 Section 3. Section 14 of chapter 93-187, Laws of
14 Florida, is repealed.
15 Section 4. This act shall take effect July 1, 2003.
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17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 2492
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20 The committee substitute clarifies that the income of the
Florida Technology Research Investment Fund may be used to
21 fund its operations. Claims against the fund or Enterprise
Florida, Inc., as the result of investments of the fund are
22 payable solely from the fund.
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