Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2420
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                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Commerce (Ring) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Sections 288.9621, 288.9622, 288.9623,
19  288.9624, 288.9625, 288.9626, and 288.9628, Florida Statutes,
20  are created to read:
21         288.9621  Short title.--Sections 288.9621-288.9628 may
22  be cited as the "SURE Venture Capital Act."
23         288.9622  Findings and intent.--
24         (1)  The Legislature finds and declares that there is
25  need to increase the availability of seed capital and early
26  stage venture equity capital for emerging companies in this
27  state which are commercializing state university research,
28  technology, or patents, or commercializing in this state any
29  other state-supported research organization's technology,
30  products, or patents, including, without limitation,
31  enterprises in life sciences, information technology, advanced
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 1  manufacturing processes, aviation and aerospace, and homeland
 2  security and defense, as well as other strategic technologies.
 3         (2)  It is the intent of the Legislature that ss.
 4  288.9621-288.9628 serve to mobilize investment in a broad
 5  variety of Florida-based, new technology companies within
 6  diversified industries; retain private-sector-investment
 7  criteria focused on rate of return; use the services of a
 8  highly qualified manager in the venture capital industry;
 9  facilitate the organization of the SURE Venture Capital Fund
10  as a coinvestor in seed and early stage companies; market
11  products developed in state universities and other publicly
12  funded entities located in this state; and precipitate capital
13  investment and extensions of credit to and in the Sure Venture
14  Capital Fund, and it is the further intent of the Legislature
15  that an institute be created to mentor, market, and attract
16  capital to such commercialization ventures.
17         (3)  It is the intent of the Legislature to mobilize
18  venture equity capital for investment in such a manner as to
19  result in a significant potential to create new businesses and
20  jobs in this state which are based on high-growth-potential
21  technologies, products, or services and which will further
22  diversify the economy of this state.
23         288.9623  Definitions.--As used in ss.
24  288.9621-288.9628:
25         (1)  "Board" means the board of trustees of the SURE
26  Trust.
27         (2)  "Certificate" means a contract between the trust
28  and a designated investor or lender evidencing the terms of a
29  guarantee or incentive granted to a designated investor.
30         (3)  "Designated investor" means a person, other than
31  the board, who purchases an equity interest in the SURE
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 1  Venture Capital Fund, or who is a party to a certificate, or
 2  who is a lender to the SURE Venture Capital Fund.
 3         (4)  "SURE Trust" or "trust" means a state beneficiary
 4  public trust created under ss. 288.9621-288.9628.
 5         (5)  "SURE Venture Capital Fund" or "fund" means the
 6  private, limited liability company in which a designated
 7  investor purchases an equity interest or to which a designated
 8  investor extends credit.
 9         (6)  "SURE Fund Board" or "directorate" means the board
10  of directors of the SURE Venture Capital Fund.
11         (7)  "Tax credit" means a contingent tax credit issued
12  under ss. 288.9621-288.9628 or subsequent legislative action
13  which is available to offset tax liabilities imposed by this
14  state if the proceeds of the tax are payable to the General
15  Revenue Fund. A tax credit is not eligible to offset tax
16  liabilities imposed by a political subdivision within this
17  state.
18         288.9624  SURE Trust.--
19         (1)  PUBLIC TRUST.--The SURE Trust is created as a
20  state beneficiary public trust to be administered by the
21  board. The exercise by the board of powers conferred by ss.
22  288.9621-288-9628 is deemed and held to be the performance of
23  essential public purposes.
24         (2)  PUBLIC RECORDS AND MEETINGS.--
25         (a) The trust is not a unit of state government or a
26  political subdivision of the state. However, the Legislature
27  declares that the trust is subject to s. 24, Art. I of the
28  State Constitution and chapter 119, relating to public
29  records, and the provisions of chapter 286 relating to public
30  meetings and records. Furthermore, all officers, trustees, and
31  employees of the trust must comply with the code of ethics for
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 1  public officers and employees under part III of chapter 112.
 2         (b)  The trust must establish at least one corporate
 3  office in this state and appoint a registered agent.
 4         (c)  The trust may hire or contract for all personnel
 5  necessary to properly execute the powers and duties bestowed
 6  upon it within the funds appropriated to implement ss.
 7  288.956-288.9566. Using funds appropriated to implement this
 8  section, the trust may not expend more than $1 million each
 9  year for personnel and necessary administrative expenditures,
10  including, but not limited to, travel and per diem, legal
11  fees, consultant's fees, rents and utilities, and audit fees.
12         (d)  Subject to appropriations, Enterprise Florida,
13  Inc., shall reasonably contract to provide administrative
14  support to the trust as requested by the trust. If the trust
15  is dissolved, Enterprise Florida, Inc., becomes the trust's
16  successor in interest and assumes all rights, duties, and
17  obligations of the trust under any contract to which the trust
18  is then a party and under law.
19         (3)  PURPOSE.--The trust shall be organized to receive,
20  hold, invest, administer, and disburse funds appropriated by
21  the Legislature; to receive and hold transferable tax credits;
22  to issue guarantees or pledge tax credits for guarantee of
23  funds borrowed by or invested in the SURE Venture Capital
24  Fund; and to liquidate tax credits as may be necessary to
25  effect performance on any guarantee.
26         (4)  BOARD; MEMBERSHIP.--The trust shall be governed by
27  a board of trustees.
28         (a)  The board of trustees shall consist of nine voting
29  trustees, of whom the Governor shall appoint three, the
30  President of the Senate shall appoint three, and the Speaker
31  of the House of Representatives shall appoint three.
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 1         (b)  As a candidate to be selected to the board of
 2  trustees, an individual must have prior experience with and
 3  demonstrated expertise and competence in early stage business
 4  investment, corporate management, the supervision of early
 5  stage investment managers, venture capital investment,
 6  management of entrepreneurial companies, the fiduciary
 7  management of investment funds, or the commercialization of
 8  research products. The individual must also demonstrate
 9  competence with respect to the administration and management
10  of a publicly listed company, or experience and competence in
11  public accounting, auditing, and fiduciary responsibilities. A
12  trustee may not have an ownership interest in any entity to
13  which a certificate is issued or have any business
14  relationship with any investment manager hired by SURE Venture
15  Capital Fund.
16         (c)  Each trustee of the board of trustees shall be
17  appointed to a term of 4 years, except that for the initial
18  appointments the Governor, the President of the Senate, and
19  the Speaker of the House of Representatives shall each appoint
20  one trustee for a term of 1 year, one trustee for a term of 2
21  years, and one trustee for a term of 4 years in order to
22  achieve staggered terms among the trustees of the board. A
23  trustee is not eligible for reappointment to the board, except
24  that a trustee appointed to an initial term of 1 year or 2
25  years may be reappointed for an additional term of 4 years,
26  and a person appointed to fill a vacancy having 2 years or
27  less remaining on the term may be reappointed for an
28  additional term of 4 years. The Governor, the President of the
29  Senate, and the Speaker of the House of Representatives shall
30  make their initial appointments to the board by October 1,
31  2007.
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 1         (d)  The Governor, the President of the Senate, or the
 2  Speaker of the House of Representatives, respectively, shall
 3  fill a vacancy on the board of trustees, according to who
 4  appointed the trustee whose vacancy is to be filled or whose
 5  term has expired. A vacancy that occurs before the scheduled
 6  expiration of the term of the trustee shall be filled for the
 7  remainder of the unexpired term. A trustee whose term has
 8  expired shall continue to serve until his or her replacement
 9  has been appointed.
10         (e)  Each trustee who is not otherwise required to file
11  financial disclosure under s. 8, Art. II of the State
12  Constitution or s. 112.3144, shall file disclosure of
13  financial interests under s. 112.3145.
14         (f)1.  A trustee appointed to the board must agree to
15  refrain from having any direct interest in any contract,
16  franchise, privilege, or other benefit arising from the trust,
17  SURE Venture Capital Fund, or a project receiving investment
18  from the SURE Venture Capital Fund during the term of his or
19  her appointment and for 2 years after the termination of the
20  appointment.
21         2.  If a trustee accepts a direct interest in any
22  contract, franchise, privilege, or other benefit prohibited by
23  this paragraph within 2 years after the termination of his or
24  her service on the board, the trustee commits a misdemeanor of
25  the first degree, punishable as provided in s. 775.083 or s.
26  775.084.
27         (g)  A trustee may not receive compensation for his or
28  her services, but is entitled to receive reimbursement for
29  necessary expenses, including travel and per diem expenses,
30  incurred in the performance of his or her duties.
31         (h)  A trustee is accountable for the proper
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 1  performance of the duties of office, and each trustee owes a
 2  fiduciary duty to the people of the state to ensure that funds
 3  or tax credits provided in furtherance of ss.
 4  288.9621-288.9628 are disbursed and used as prescribed by law
 5  and contract and in the best interests of the state.
 6         (i)  The Governor, the President of the Senate, or the
 7  Speaker of the House of Representatives, according to which
 8  officer appointed the trustee, may remove a trustee for
 9  malfeasance, misfeasance, neglect of duty, incompetence,
10  permanent inability to perform official duties, unexcused
11  absence from three consecutive meetings of the board, arrest
12  or indictment for a crime that is a felony or a misdemeanor
13  involving theft or a crime of dishonesty, or pleading nolo
14  contendere to, or being found guilty of, any crime.
15         (5)  ORGANIZATION; MEETINGS.--
16         (a)1.  The board of trustees shall annually elect a
17  chairperson and a vice chairperson from among the board's
18  trustees. The trustees may, by a vote of five of the nine
19  board trustees, remove a trustee from the position of
20  chairperson or vice chairperson before the expiration of his
21  or her term as chairperson or vice chairperson. His or her
22  successor shall be elected to serve for the balance of the
23  removed chairperson's or vice chairperson's term.
24         2.  The chairperson is responsible for ensuring that
25  records are kept of the proceedings of the board of trustees
26  and is the custodian of all books, documents, and papers filed
27  with the board; the minutes of meetings of the board; and the
28  official seal of the trust.
29         (b)1.  The board of trustees shall meet upon the call
30  of the chairperson or at the request of a majority of the
31  trustees, but not less than twice each calendar year and more
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 1  frequently if necessary to promptly act on a request for a
 2  matched investment.
 3         2.  A majority of the voting trustees of the board
 4  constitutes a quorum. Except as otherwise provided in this
 5  section, the board may take official action by a majority vote
 6  of the trustees present at any meeting at which a quorum is
 7  present. Trustees may not vote by proxy.
 8         3.  A trustee may participate in a meeting of the board
 9  by telephone or videoconference through which each trustee may
10  hear every other trustee.
11         (6)  POWERS AND DUTIES.--The trust shall be organized
12  to receive and hold transferable tax credits; to issue
13  guarantees or pledge tax credits for guarantee of funds
14  borrowed by or invested in the SURE Venture Capital Fund; to
15  liquidate tax credits as may be necessary to effect
16  performance on any guarantee; and to receive, hold, invest,
17  administer, and disburse funds appropriated by the
18  Legislature. The trust shall disburse any income generated
19  from the investment of these funds consistent with the purpose
20  and provisions of ss. 288.9621-288.9628. In addition to the
21  powers and duties prescribed in chapter 617 and the articles
22  and bylaws adopted under that chapter, the trust:
23         (a)  May make and enter into contracts and assume any
24  other functions that are necessary to carry out the purpose of
25  the trust.
26         (b)  May enter into leases and contracts for the
27  purchase of real and personal property and execute notes,
28  mortgages, guarantees, or security agreements to secure the
29  performance of a contract or certificate.
30         (c)  May perform all acts and things necessary or
31  convenient to carry out the powers expressly granted in ss.
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 1  288.9621-288.9628 and perform on a contract or certificate
 2  agreement entered into between the trust and a designated
 3  investor.
 4         (d)  May make expenditures from funds provided by this
 5  state, including any necessary administrative expenditures
 6  consistent with its powers.
 7         (e)  Shall indemnify, and purchase and maintain
 8  insurance on behalf of, trustees, officers, and employees of
 9  the trust against any personal liability or accountability.
10         (f)  Shall disburse funds under this section and any
11  contract entered into between the trust and a designated
12  investor.
13         (g)  Shall receive and review reports and financial
14  documentation provided by a SURE Venture Capital Fund to
15  ensure compliance with ss. 288.9621-288.9626 and a
16  certificate.
17         (h)  Shall prepare an annual report as prescribed in
18  subsection (8).
19         (i)  May accept gifts, grants, donations, in-kind
20  services, or other goods and services for carrying out its
21  purposes.
22         (6)  INVESTMENT OF FUNDS.--The trust must enter into an
23  agreement with the State Board of Administration under which
24  funds received by the trust which are not disbursed must be
25  invested by the State Board of Administration on behalf of the
26  trust. Funds shall be invested in suitable instruments
27  authorized under s. 215.47 and specified in investment
28  guidelines established and agreed to by the State Board of
29  Administration and the trust.
30         (7)  ANNUAL REPORT.--By December 1 of each year, the
31  trust shall prepare a report of the activities and outcomes of
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 1  the trust and submit the report to the Governor, the President
 2  of the Senate, and the Speaker of the House of
 3  Representatives. The report, at a minimum, must include:
 4         (a)  An accounting of the amount of grants and
 5  proposals awarded and disbursed during the preceding fiscal
 6  year by project and university and the value of certificates
 7  issued the previous fiscal year and the total certificates
 8  outstanding.
 9         (b)  Information concerning the amount and nature of
10  economic activity in this state generated through university
11  and other state-supported research projects receiving funding
12  from the trust.
13         (c)  Project summaries of the information reported by
14  grant recipients in paragraph (b).
15         (d)  A description of the benefits to this state
16  resulting from the trust program, including the number of
17  businesses created, associated industries started, and the
18  growth of related research projects.
19         (e)  Independently audited financial statements,
20  including statements that show receipts and expenditures
21  during the preceding fiscal year for personnel,
22  administration, and operational costs of the trust.
23         (f)  A description of those projects supported by the
24  trust in which two or more universities are working
25  cooperatively to avoid duplicating activities, programs, and
26  functions and to leverage the expertise offered by other
27  universities.
28         (g)  A description of any sale of tax certificates
29  which is reasonably anticipated by the board to meet its
30  certificate obligations.
31         (8)  LIABILITY.--The appropriation or disbursement of
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 1  funds under this section does not constitute a debt,
 2  liability, or obligation of the state or any political
 3  subdivision thereof, or a pledge of the faith and credit of
 4  the state or of any political subdivision.
 5         (9)  ACTIVITIES.--The board may engage consultants,
 6  expend funds, invest funds, contract, bond or insure against
 7  loss, provide guarantees or other incentives, hold
 8  transferable tax credits, sell tax credits, or enter into any
 9  financial or other transaction or perform any other act
10  necessary to carry out its purpose under ss.
11  288.9621-288.9628.
12         (10)  TAX CREDITS.--The board, in conjunction with the
13  Department of Revenue, shall develop a system for registration
14  of any tax credits received by the trust and transferred under
15  ss. 288.9621-288.9628. The board shall also create a system of
16  documentation that permits verification that any tax credit
17  claimed upon a tax return is validly held by the person
18  claiming such tax credit and properly taken in the year of
19  claim and that any transfers of the tax credit are made in
20  accordance with the requirements of ss. 288.9621-288.9628.
21         (11)  EMPLOYEES.--If the board elects to hire
22  employees, such persons shall be selected by the board based
23  upon knowledge and leadership in the field for which the
24  person performs services for the board. The board shall charge
25  fees for its guarantees to designated investors or for other
26  services such that the board's operations may be conducted
27  without subsequent legislative appropriation.
28         288.9625  Issuance of tax credits.--
29         (1)  The trust shall receive and hold for the purposes
30  of ss. 288.9621-288.9628 tax credits that may be used to
31  reduce any tax liability imposed by the state under chapter
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 1  212, chapter 220, s. 624.509, or s. 624.510. The total amount
 2  of tax credits issued and transferred to the trust is $50
 3  million. The tax credits shall be transferable by the board as
 4  provided in this section if such transferred tax credit is not
 5  exercisable before July 1, 2012, or after July 1, 2037.
 6         (2)  The board may transfer and sell tax credits solely
 7  for the purpose of fulfilling, in whole or in part, any
 8  certificate obligation issued by the board. The board shall
 9  immediately notify the Governor, the President of the Senate,
10  the Speaker of the House of Representatives, and the
11  Department of Revenue, in writing, if any tax credit is
12  transferred. The board shall be notified immediately of any
13  transfers of tax credits by persons or businesses other than
14  the board and shall notify the Department of Revenue, in
15  writing, of such transfers.
16         (3)(a)  The board shall ensure that no more than $15
17  million in tax credits is transferred, which may be claimed
18  and used to reduce taxes payable to the General Revenue Fund
19  for any single state fiscal year. The board shall clearly
20  indicate upon the face of the document transferring the tax
21  credit the principal amount of the tax credit and the state
22  fiscal year or years during which the credit may be claimed.
23         (b)  Tax credits may be transferred in increments of no
24  less than $100,000. A copy of the document transferring the
25  tax credit shall be transmitted to the executive director of
26  the Department of Revenue, who shall allow the credit to be
27  claimed against tax liabilities of the person or business
28  consistent with the terms appearing in the transfer document.
29         (4)  If the tax liabilities of the taxpayer are
30  insufficient to exhaust the tax credit for which the taxpayer
31  is eligible, the balance of the tax credit may be refunded by
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 1  the state. If a tax credit granted under this section is not
 2  claimed in the year designated for claiming the credit on the
 3  transfer document, any return for the year in which the credit
 4  was eligible to be claimed may be amended to claim the credit
 5  within the time specified by ss. 95.091 and 215.26.
 6         (5)  Persons or businesses to which tax credits under
 7  this section are transferred shall retain documentation
 8  supporting eligibility to claim the tax credits and evidence
 9  of the transfer of the tax credits, if applicable, until the
10  time provided to audit the tax returns on which the tax
11  credits were claimed has passed.
12         (6)  The Department of Revenue, in conjunction with the
13  board, may adopt rules governing the manner and form of
14  documentation required to claim tax credits granted or
15  transferred under this section and may establish guidelines as
16  to the requisites for an affirmative showing of qualification
17  for tax credits granted or transferred under this section.
18         (7)  An insurance company claiming a credit against
19  premium tax liability under this section is not required to
20  pay any additional retaliatory tax levied pursuant to s.
21  624.5091 as a result of claiming such credit. Because credits
22  under this section are available to an insurance company, s.
23  624.5091 does not limit such credit in any manner.
24         (8)  Any original sale of tax credits by the board
25  shall be by competitive bidding unless the sale is for the
26  full face value of the credits.
27         288.9626  SURE Venture Capital Fund.--
28         (1)(a)  At the request of the board, Enterprise
29  Florida, Inc., shall facilitate the creation of the SURE
30  Venture Capital Fund, a private corporation. Enterprise
31  Florida, Inc., shall be the corporation's sole shareholder or
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 1  member. The corporation is not a public corporation or
 2  instrumentality of the state.
 3         (b)  The purpose of the SURE Venture Capital Fund is to
 4  select an early stage venture capital investment advisor,
 5  negotiate for investment capital or loan proceeds from
 6  private, institutional, or banking sources having the benefit
 7  of guarantees from the SURE Trust and coinvest capital in
 8  companies in this state which are accepted into or promoted by
 9  the Institute for the Commercialization of Public Research.
10  The fund shall manage its business affairs and conduct
11  business consistent with its organizational documents and the
12  purposes set forth in this section.
13         (2)(a)  The vice chair of Enterprise Florida, Inc.,
14  shall select from among its sitting board of directors a
15  five-person appointment committee. The appointment committee
16  shall select five initial members of a board of directors for
17  the fund.
18         (b)  The persons elected to the initial board of
19  directors by the appointment committee shall include persons
20  who have expertise in the area of the selection and
21  supervision of early stage investment managers or in the
22  fiduciary management of investment funds and other areas of
23  expertise as considered appropriate by the appointment
24  committee.
25         (c)  After election of the initial board of directors,
26  vacancies on the board shall be filled by vote of the board of
27  directors of Enterprise Florida, Inc., and board members shall
28  serve terms as provided in the fund's organizational
29  documents.
30         (d)  Members of the board are subject to any
31  restrictions on conflicts of interest specified in the
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 1  organizational documents and may not have an interest in any
 2  venture capital investment selected by the corporation under
 3  ss. 288.9621-288.9628.
 4         (3)  The board shall organize the SURE Venture Capital
 5  Fund, select an early stage venture capital investment
 6  manager, negotiate the terms of a contract with the SURE
 7  Venture Capital Fund investment manager, execute the contract
 8  with the selected venture capital investment fund manager on
 9  behalf of the SURE Venture Capital Fund, manage the business
10  affairs of the SURE Venture Capital Fund, such as accounting,
11  audit, insurance, and related requirements, solicit and
12  negotiate the terms, contract for and receive investment
13  capital and loan proceeds with the assistance of the
14  investment manager and with certificates of guarantee from the
15  SURE Trust, receive investment returns, pay investors and
16  debtors, and reinvest the investment returns in the fund in
17  order to provide additional venture capital investments
18  designed to result in a significant potential to create new
19  businesses and jobs in this state and further diversify the
20  economy of this state.
21         (4)  Upon organization, the board shall conduct a
22  national solicitation for investment plan proposals from
23  qualified venture capital investment managers for the raising
24  and investing of capital by the SURE Venture Capital Fund. Any
25  proposed investment plan must address the applicant's level of
26  experience, quality of management, investment philosophy and
27  process, provability of success in fundraising, prior
28  investment fund results, and plan for achieving the purposes
29  of this act. The board shall select only venture capital
30  investment managers having demonstrated expertise in the
31  management of and investment in companies.
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 1         (5)  A member of the board of directors shall receive
 2  no compensation for his or her services, but is entitled to
 3  receive reimbursement for necessary expenses, including travel
 4  and per diem expenses, incurred in the performance of his or
 5  her duties.
 6         (6)  The fund shall have all powers granted under its
 7  organizational documents and shall indemnify members to the
 8  broadest extent permissible under the laws of this state.
 9         (7)(a)  The fund may negotiate any and all terms and
10  conditions for its investments.
11         (b)  The fund shall invest directly only in companies
12  in this state which are accepted into or promoted by the
13  Institute for the Commercialization of Public Research. The
14  fund shall invest only if additional private capital is
15  invested in an amount equal to or greater than the investment
16  of the fund, only if the fund's reasonable due diligence
17  determines that the company is viable and has prospects for
18  profitable operations, and only if the company has manifested
19  its intent to remain located in this state. Not more than 15
20  percent of the fund's accessible capital may be invested in
21  one company project.
22         (8)  If the fund is liquidated or has returned all
23  capital to designated investors in accordance with contractual
24  agreements, or if the guarantee capacity of the corporation,
25  at the sole discretion of the board, is sufficient for
26  additional certificates, a new funding of the SURE Venture
27  Capital Fund may be implemented for subsequent venture capital
28  investments. If the board takes exception to an additional
29  funding, such additional funding may be implemented only
30  without the benefit of certificates from the board.
31         (9)  The directorate shall issue an annual report
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 1  concerning the activities conducted by the SURE Venture
 2  Capital Fund and present the report to the SURE Trust no later
 3  than November 15 for inclusion in the board's report to the
 4  the Governor, the President of the Senate, and the Speaker of
 5  the House of Representatives. The annual report must include,
 6  but need not be limited to, a copy of the independent audit of
 7  the fund, the number of investments made or committed during
 8  the fiscal year, the amount of debt or capital in or committed
 9  to the fund for which certificates have been issued by the
10  board, and a general description of the companies receiving
11  investment by the fund and their associated industry.
12         288.9628  Institute for the Commercialization of Public
13  Research.--There is established the Institute for the
14  Commercialization of Public Research.
15         (1)  It is the intent of the Legislature that the
16  Institute for the Commercialization of Public Research be
17  established in Florida. Enterprise Florida, Inc., shall issue
18  a request for proposals to public universities in south
19  Florida requesting proposals to fulfill the purposes of the
20  institute as described in this section and provide for its
21  physical location in a major metropolitan area of the state
22  having extensive commercial air service to facilitate access
23  by Venture Capital providers. Enterprise Florida, Inc., shall
24  review the proposals in a committee appointed by its board of
25  directors which shall make a recommendation for final
26  selection. Final approval of the selected proposal must be by
27  the board of directors of Enterprise Florida, Inc., at one of
28  its duly noticed meetings.
29         (2)(a)  The purpose of the institute is to assist in
30  the commercialization of products developed by the research
31  and development activities of publicly supported universities
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 1  and colleges, research institutes, and other publicly
 2  supported organizations within the state.
 3         (b)  To be eligible for assistance, the company or
 4  organization attempting to commercialize its product must be
 5  accepted by the institute before receiving the institute's
 6  assistance. The institute shall receive recommendations from
 7  any publicly supported organization that a company that is
 8  commercializing the research, technology, or patents from a
 9  qualifying publicly supported organization should be accepted
10  into the institute.
11         (c)  The institute shall thereafter review the business
12  plans and technology information of each such recommended
13  company. If accepted, the institute shall mentor the company,
14  develop marketing information on the company, and use its
15  resources to attract capital investment into the company, as
16  well as bring other resources to the company which may foster
17  its effective management, growth, capitalization, technology
18  protection, marketing or business success.
19         (3)  The institute shall:
20         (a)  Maintain a centralized location to showcase
21  companies and their technologies and products;
22         (b)  Develop an efficient process to inventory and
23  publicize companies and products that have been accepted by
24  the institute for commercialization;
25         (c)  Routinely communicate with private investors and
26  venture capital organizations regarding the investment
27  opportunities in its showcased companies;
28         (d)  Facilitate meetings between prospective investors
29  and eligible organizations in the institute;
30         (e)  Hire full-time staff who understand relevant
31  technologies needed to market companies to the angel investors
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 1  and venture capital investment community;
 2         (f)  Operate within an allocated annual budget of $1
 3  million or less; and
 4         (g)  Develop cooperative relationships with publicly
 5  supported organizations all of which work together to provide
 6  resources or special knowledge that is likely to be helpful to
 7  institute companies.
 8         (4)  The institute may not develop or accrue any
 9  ownership, royalty, patent, or other such rights over or
10  interest in companies or products in the institute and shall
11  maintain the secrecy of proprietary information.
12         (5)  The institute may not charge for services rendered
13  to state universities and affiliated organizations, community
14  colleges, or state agencies.
15         Section 2.  The nonrecurring sum of $700,000 is
16  appropriated from the General Revenue Fund to the SURE Venture
17  Capital Fund and the nonrecurring sum of $300,000 is
18  appropriated to the SURE Trust for the purpose of initiating
19  activities necessary to implement its responsibilities under
20  this act for the 2007-2008 fiscal year.
21         Section 3.  The nonrecurring sum of $100,000 is
22  appropriated to Enterprise Florida and the nonrecurring sum of
23  $900,000 is appropriated from the General Revenue Fund to the
24  Institute for the Commercialization of Public Research for the
25  purpose of initiating activities necessary to implement its
26  responsibilities under this act for the 2007-2008 fiscal year.
27         Section 4.  This act shall take effect July 1, 2007.
28  
29  
30  ================ T I T L E   A M E N D M E N T ===============
31  And the title is amended as follows:
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 1         Delete everything before the enacting clause
 2  
 3  and insert:  
 4                      A bill to be entitled
 5         An act relating to venture capital funds;
 6         creating s. 288.9621, F.S.; providing a short
 7         title; creating s. 288.9622, F.S.; providing
 8         legislative findings and intent; creating s.
 9         288.9623, F.S.; providing definitions; creating
10         s. 288.9624, F.S.; creating the SURE Trust as a
11         state beneficiary public trust; requiring
12         Enterprise Florida, Inc., to provide
13         administrative support to the trust and be its
14         successor in interest; providing for
15         administration by a board of trustees;
16         providing for appointment of board trustees;
17         providing for terms; providing for service
18         without compensation; providing for
19         reimbursement for travel and other expenses;
20         providing criteria for trustees; providing
21         powers and duties of trustees; providing for
22         hiring employees; providing for meetings of the
23         board; creating s. 288.9625, F.S.; authorizing
24         the trust to receive, hold, use, transfer, and
25         sell certain tax credits for certain purposes;
26         providing requirements and limitations;
27         authorizing the Department of Revenue to adopt
28         rules for certain purposes; creating s.
29         288.9626, F.S.; requiring Enterprise Florida,
30         Inc., to facilitate establishment of the SURE
31         Venture Capital Fund; specifying criteria of
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 1         the fund; providing for appointment of a board
 2         of trustees selection committee; providing for
 3         selection of a board of directors of the fund
 4         by Enterprise Florida, Inc.; specifying
 5         criteria; providing for terms and requirements
 6         of the directors; providing purposes of the
 7         fund; providing duties and responsibilities of
 8         the fund; authorizing the fund to charge a
 9         management fee for certain purposes; providing
10         for reimbursement for travel and other direct
11         expenses; providing for powers of the fund;
12         providing investment requirements for the fund;
13         requiring the board of directors to issue an
14         annual report on the activities of the fund;
15         providing report requirements; creating s.
16         288.9628, F.S.; creating the Institute for the
17         Commercialization of Public Research; providing
18         legislative intent; providing that the purpose
19         of the institute is to commercialize the
20         products of public research; providing
21         responsibilities of the institute; prohibiting
22         the institute from having any interest in any
23         product supported by the institute; providing
24         appropriations; providing an effective date.
25  
26  
27  
28  
29  
30  
31  
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