Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2420
                        Barcode 162530
                            CHAMBER ACTION
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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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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 2 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 3 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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. 4 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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. 5 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 6 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 7 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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. 8 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 9 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 10 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 11 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 12 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 13 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 14 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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. 15 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 16 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 17 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 18 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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: 19 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 20 11:36 AM 03/19/07 s2420d-cm32-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2420 Barcode 162530 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 21 11:36 AM 03/19/07 s2420d-cm32-k0a