Florida Senate - 2017                                    SB 1110
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00960D-17                                          20171110__
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         20.60, F.S.; requiring the Department of Economic
    4         Opportunity to contract with a specified direct
    5         support organization to guide, stimulate, and promote
    6         the sports industry, the participation of residents in
    7         amateur athletic competitions, and this state as a
    8         host for national and international athletic
    9         competitions; amending s. 288.0001, F.S.; requiring
   10         the Office of Economic and Demographic Research to
   11         calculate the net state gross domestic product per
   12         state dollar of certain programs; revising analysis
   13         requirements; amending s. 288.001, F.S.; requiring the
   14         Network Lead Center within the University of West
   15         Florida to develop, by a certain date, a guide to
   16         starting a business; requiring the guide to be made
   17         available to specified agencies and corporations;
   18         providing requirements for the guide; requiring the
   19         Network Lead Center to develop a statewide call
   20         center, known as the Florida Business Information
   21         Center, within the Network Lead Center as a source for
   22         general business information, inquiries, and
   23         referrals; amending s. 288.005, F.S.; redefining the
   24         term “economic benefits”; amending s. 288.061, F.S.;
   25         deleting an obsolete date; making technical changes;
   26         providing requirements for contracts between the
   27         department and applicants for economic development
   28         incentives; prohibiting the department from entering
   29         into an agreement or contract that has a term greater
   30         than 10 years; providing an exemption; prohibiting the
   31         department from making specified amendments to a
   32         contract or agreement; creating s. 288.103, F.S.;
   33         specifying residency requirements for certain
   34         projects; providing applicability; amending s.
   35         288.1045, F.S.; providing exceptions to allow the
   36         Department of Economic Opportunity to distribute
   37         certain refunds to certain businesses; amending s.
   38         288.11621, F.S.; transferring certain duties from
   39         Enterprise Florida, Inc., to the Florida Sports
   40         Foundation; amending s. 288.1201, F.S.; requiring the
   41         department to retain funds appropriated for specified
   42         programs until performance requirements for incentives
   43         are submitted and verified; requiring the department
   44         to return certain unexpended funds to the State
   45         Treasury; requiring such funds to be deposited into
   46         specified accounts; requiring the department to return
   47         such funds by a specified date and to notify the
   48         Governor and the Legislature of the status of
   49         compliance; requiring the department to provide the
   50         Legislature with lists of potential and actual claims
   51         for payment by specified dates; creating the Quick
   52         Action Closing Fund Escrow Account within the State
   53         Economic Enhancement and Development Trust Fund;
   54         specifying moneys to be deposited to the account;
   55         providing appropriation requirements for moneys in the
   56         account; providing that a balance in the account at
   57         the end of the fiscal year remains in the account to
   58         continue carrying out the purpose of the account;
   59         authorizing the department to make a payment from the
   60         account subject to certain requirements; requiring the
   61         department to determine whether the account contains
   62         moneys from specified agreements or contracts that
   63         have terminated or expired, or for which the applicant
   64         has not met performance conditions; requiring such
   65         funds to be returned to the trust fund within 10 days
   66         after such determination; providing management and
   67         investment requirements for specified moneys;
   68         requiring the department to quarterly transfer
   69         interest earnings to the trust fund; reviving,
   70         readopting, and amending s. 288.1229, F.S.; requiring
   71         the department to establish a direct-support
   72         organization known as the Florida Sports Foundation to
   73         assist the department, rather than the Office of
   74         Tourism, Trade, and Economic Development, with
   75         specified duties; providing incorporation requirements
   76         for the foundation; requiring the foundation to be
   77         governed by a board of directors; specifying
   78         membership requirements of the board; requiring the
   79         foundation to operate under contract with the
   80         department; requiring the department to enter into a
   81         contract with the foundation by a specified date;
   82         authorizing the department, rather than the office, to
   83         review the foundation’s articles of incorporation;
   84         revising requirements for the foundation to promote
   85         amateur sports and physical fitness; requiring the
   86         Florida Senior Games to be patterned after the Summer
   87         Olympics with variations under certain circumstances;
   88         deleting a requirement that participants of the
   89         Sunshine State Games and Florida Senior Games be
   90         residents of this state; deleting a provision
   91         requiring specified regional competitions; providing
   92         that the department, rather than the Executive Office
   93         of the Governor, is authorized to allow the use of
   94         certain property, facilities, or services; conforming
   95         provisions to changes made by the act; creating s.
   96         288.1259, F.S.; creating the Start-Up Florida Grant
   97         Program; providing legislative purpose; defining
   98         terms; requiring the program to provide startup and
   99         operating assistance to qualified small business
  100         incubators; requiring the department to awards grants
  101         to qualified small business incubators for specified
  102         purposes; requiring the department to require grant
  103         recipients to provide matching funds or in-kind
  104         contributions for a project at least equal to the
  105         grant award; requiring the department to require grant
  106         recipients to show that they have certain resources to
  107         complete a project in a timely manner; requiring
  108         rulemaking; requiring the department to accept and
  109         receive grants, gifts, and pledges of funds for
  110         specified purposes; requiring the department to
  111         integrate the promotion of small business incubators
  112         in its specified strategic plan; amending s. 288.901,
  113         F.S.; requiring a representative from the rural
  114         economic development community and a representative
  115         from the Small Business Development Center Network to
  116         be appointed members of the board of directors of
  117         Enterprise Florida, Inc.; requiring the board to
  118         include at least one director with expertise in the
  119         area of rural economic development, rather than sports
  120         marketing; amending s. 288.9015, F.S.; requiring a
  121         two-thirds vote of the entire board of directors of
  122         Enterprise Florida, Inc., to approve certain contracts
  123         with other organizations if certain persons in the
  124         organization are affiliated with board members;
  125         amending s. 288.904, F.S.; revising funding
  126         requirements for Enterprise Florida, Inc.; amending s.
  127         288.905, F.S.; requiring the president of Enterprise
  128         Florida, Inc., to be subject to confirmation by the
  129         Senate; authorizing Enterprise Florida, Inc., to award
  130         goal- or result-oriented incentives to an employee
  131         under certain circumstances; requiring such goal or
  132         result to be quantifiable, measurable, and verifiable;
  133         creating s. 288.9938, F.S.; repealing part XIV of ch.
  134         288, F.S., relating to microfinance programs, on a
  135         specified date, subject to certain conditions;
  136         providing a directive to the Division of Law Revision
  137         and Information; amending ss. 288.92 and 320.08058,
  138         F.S.; conforming provisions to changes made by the
  139         act; providing an effective date.
  140          
  141  Be It Enacted by the Legislature of the State of Florida:
  142  
  143         Section 1. Paragraph (g) is added to subsection (4) of
  144  section 20.60, Florida Statutes, to read:
  145         20.60 Department of Economic Opportunity; creation; powers
  146  and duties.—
  147         (4) The purpose of the department is to assist the Governor
  148  in working with the Legislature, state agencies, business
  149  leaders, and economic development professionals to formulate and
  150  implement coherent and consistent policies and strategies
  151  designed to promote economic opportunities for all Floridians.
  152  To accomplish such purposes, the department shall:
  153         (g) Notwithstanding part I of chapter 287, contract with
  154  the direct-support organization created under s. 288.1229 to
  155  guide, stimulate, and promote the sports industry in this state,
  156  to promote the participation of residents of this state in
  157  amateur athletic competition, and to promote this state as a
  158  host for national and international amateur athletic
  159  competitions.
  160         Section 2. Subsection (3) of section 288.0001, Florida
  161  Statutes, is amended to read:
  162         288.0001 Economic Development Programs Evaluation.—The
  163  Office of Economic and Demographic Research and the Office of
  164  Program Policy Analysis and Government Accountability (OPPAGA)
  165  shall develop and present to the Governor, the President of the
  166  Senate, the Speaker of the House of Representatives, and the
  167  chairs of the legislative appropriations committees the Economic
  168  Development Programs Evaluation.
  169         (3) Pursuant to the schedule established in subsection (2),
  170  the Office of Economic and Demographic Research shall evaluate
  171  and determine the economic benefits, as defined in s. 288.005,
  172  and a calculation of the net state gross domestic product per
  173  state dollar for of each program over the previous 3 years. The
  174  analysis must include the change in also evaluate the number of
  175  jobs created, the average annual wage for all jobs created, the
  176  increase or decrease in personal income, and the impact on state
  177  gross domestic product from the direct, indirect, and induced
  178  effects of the state’s investment in each program over the
  179  previous 3 years.
  180         (a) For the purpose of evaluating tax credits, tax refunds,
  181  sales tax exemptions, cash grants, and similar programs, the
  182  Office of Economic and Demographic Research shall evaluate data
  183  only from those projects in which businesses received state
  184  funds during the evaluation period. Such projects may be fully
  185  completed, partially completed with future fund disbursal
  186  possible pending performance measures, or partially completed
  187  with no future fund disbursal possible as a result of a
  188  business’s inability to meet performance measures.
  189         (b) The analysis must use the model developed by the Office
  190  of Economic and Demographic Research, as required in s. 216.138,
  191  to evaluate each program. The office shall provide a written
  192  explanation of the key assumptions of the model and how it is
  193  used. If the office finds that another evaluation model is more
  194  appropriate to evaluate a program, it may use another model, but
  195  it must provide an explanation as to why the selected model was
  196  more appropriate.
  197         Section 3. Paragraphs (c) and (d) are added to subsection
  198  (3) of section 288.001, Florida Statutes, to read:
  199         288.001 The Florida Small Business Development Center
  200  Network.—
  201         (3) OPERATION; POLICIES AND PROGRAMS.—
  202         (c)The Network Lead Center within the University of West
  203  Florida shall develop a guide to starting a business in this
  204  state by June 30, 2018. The guide shall be made available to
  205  local governments, the department, the Department of Veterans
  206  Affairs, CareerSource Florida, Inc., Enterprise Florida, Inc.,
  207  and each state library, and shall be posted to each of the
  208  entities’ websites by October 1, 2018. The guide shall include,
  209  but is not limited to, information on:
  210         1. Business formation.
  211         2. State and local government regulations.
  212         3. Intellectual property protection.
  213         4. Business plan development.
  214         5. Basic business accounting principles.
  215         6. Available business loans and grants.
  216         7. Employer and employment legal requirements.
  217         8. State and local business taxes.
  218         9. Sources of business assistance information, including,
  219  but not limited to: state programs; accounting and tax
  220  assistance; libraries; incubators; inventors’ resources; export
  221  and import assistance; and employment and training programs.
  222         (d)The Network Lead Center within the University of West
  223  Florida shall establish within the Network Lead Center a
  224  statewide call center, known as the Florida Business Information
  225  Center, to serve as a centralized source of general business
  226  information and referral to business resources. The call center
  227  shall employ professional personnel who are available by
  228  telephone and online to assist in answering general business
  229  questions and directing inquiries to sources of assistance,
  230  including government, institutions of higher education, and
  231  private-sector resources.
  232         Section 4. Subsection (1) of section 288.005, Florida
  233  Statutes, is amended to read:
  234         288.005 Definitions.—As used in this chapter, the term:
  235         (1) “Economic benefits” means the direct, indirect, and
  236  induced gains in state revenues as a percentage of the state’s
  237  investment and the change in state gross domestic product and
  238  the state’s disposable personal income resulting from the
  239  state’s investment. The state’s investment includes state
  240  grants, tax exemptions, tax refunds, tax credits, and other
  241  state incentives.
  242         Section 5. Subsections (2) and (3) of section 288.061,
  243  Florida Statutes, are amended to read:
  244         288.061 Economic development incentive application
  245  process.—
  246         (2) Beginning July 1, 2013, The department shall review and
  247  evaluate each economic development incentive application for the
  248  economic benefits of the proposed award of state incentives
  249  proposed for the project. The term “economic benefits” has the
  250  same meaning as in s. 288.005. The Office of Economic and
  251  Demographic Research shall establish the methodology and model
  252  used to calculate the economic benefits. For purposes of this
  253  requirement, an amended definition of “economic benefits” may be
  254  developed by the Office of Economic and Demographic Research.
  255         (3) Within 10 business days after the department receives a
  256  complete the submitted economic development incentive
  257  application, the executive director shall approve or disapprove
  258  the application and issue a letter of certification to the
  259  applicant which includes a justification of that decision,
  260  unless the business requests an extension of that time.
  261         (a) The contract or agreement or contract with the
  262  applicant must specify the total amount of the award, the
  263  performance conditions that must be met to obtain the award, the
  264  schedule for payment, and sanctions that would apply for failure
  265  to meet performance conditions. Any agreement or contract that
  266  requires the business to make a capital investment must also
  267  require that such investment remain in this state for the
  268  duration of the agreement or contract, with the exception of an
  269  investment made in transportation-related assets specifically
  270  used for the purpose of transporting goods or employees. The
  271  department may enter into one agreement or contract covering all
  272  of the state incentives that are being provided to the
  273  applicant. The agreement or contract must provide that release
  274  of funds is contingent upon sufficient appropriation of funds by
  275  the Legislature.
  276         (b) The department may not enter into an agreement or a
  277  contract that has a term of more than 10 years. However, the
  278  department may enter into a successive agreement or contract for
  279  a specific project to extend the initial 10-year term if each
  280  successive agreement or contract is contingent upon the
  281  successful completion of the previous agreement or contract.
  282  This paragraph does not apply to an agreement or a contract for
  283  a project receiving a capital investment tax credit under s.
  284  220.191 or an Innovation Incentive Program award under s.
  285  288.1089.
  286         (c) The department may not make amendments to the agreement
  287  or contract which reduce material performance requirements,
  288  increase awards, or accelerate payment schedules. Material
  289  performance requirements include any requirements that are
  290  related to:
  291         1. The number of jobs created or retained;
  292         2. Average wages;
  293         3. Capital investment; and
  294         4. The length of an agreement or contract.
  295         (d)(b) The release of funds for the incentive or incentives
  296  awarded to the applicant depends upon the statutory requirements
  297  of the particular incentive program.
  298         Section 6. Section 288.103, Florida Statutes, is created to
  299  read:
  300         288.103 Economic development programs; minimum residency
  301  period for awards for projects.—
  302         (1) The department shall require, in each incentive
  303  contract awarded, that each project meet a minimum 3-year
  304  residency period. The residency period begins on the date the
  305  project last receives a program benefit or payment or at the end
  306  of a project’s maintenance period, whichever occurs last. The
  307  department shall include in each incentive contract specific
  308  financial sanctions for failure to meet the residency period
  309  requirements.
  310         (2) This section applies to contracts executed on or after
  311  July 1, 2017, for programs under ss. 220.191, 288.1045, 288.106,
  312  288.107, 288.108, 288.1088, and 288.1089.
  313         Section 7. Present paragraph (h) of subsection (5) of
  314  section 288.1045, Florida Statutes, is redesignated as paragraph
  315  (i), and a new paragraph (h) is added to that subsection, to
  316  read:
  317         288.1045 Qualified defense contractor and space flight
  318  business tax refund program.—
  319         (5) ANNUAL CLAIM FOR REFUND.—
  320         (h) A business that fails to timely submit documentation
  321  requested by the department, as required by the agreement
  322  between the business and the department, which results in the
  323  department’s withholding an otherwise approved refund may
  324  receive the approved refund if:
  325         1.The business submits the requested documentation to the
  326  department.
  327         2.The business provides a written statement to the
  328  department explaining the circumstances that resulted in the
  329  business’ failure to timely submit the documentation.
  330         3.Funds appropriated for purposes of this section are
  331  available.
  332         4.The business was scheduled by the terms of the agreement
  333  to submit information to the department between January 1, 2014,
  334  and December 31, 2014.
  335         5.The business has satisfied all other requirements of the
  336  agreement.
  337         Section 8. Subsection (7) of section 288.11621, Florida
  338  Statutes, is amended to read:
  339         288.11621 Spring training baseball franchises.—
  340         (7) STRATEGIC PLANNING.—The department shall request
  341  assistance from the Florida Sports Foundation Enterprise
  342  Florida, Inc., and the Florida Grapefruit League Association to
  343  develop a comprehensive strategic plan to:
  344         (a) Finance spring training facilities.
  345         (b) Monitor and oversee the use of state funds awarded to
  346  applicants.
  347         (c) Identify the financial impact that spring training has
  348  on the state and ways in which to maintain or improve that
  349  impact.
  350         (d) Identify opportunities to develop public-private
  351  partnerships to engage in marketing activities and advertise
  352  spring training baseball.
  353         (e) Identify efforts made by other states to maintain or
  354  develop partnerships with baseball spring training teams.
  355         (f) Develop recommendations for the Legislature to sustain
  356  or improve this state’s spring training tradition.
  357         Section 9. Subsections (4) through (7) are added to section
  358  288.1201, Florida Statutes, to read:
  359         288.1201 State Economic Enhancement and Development Trust
  360  Fund.—
  361         (4)(a) Beginning July 1, 2017, the department shall retain
  362  in the trust fund any state funds appropriated by the General
  363  Appropriations Act for any program created pursuant to chapter
  364  288 until the performance requirements for incentives under
  365  contract or law are submitted to and verified by the department.
  366         (b) The department shall return to the State Treasury all
  367  funds held by any entity pursuant to a contract executed for the
  368  Quick Action Closing Fund which are unexpended as of June 30,
  369  2017. Such unexpended funds shall be deposited into the fund
  370  from which they were appropriated. The department shall take all
  371  steps necessary to comply with this section by September 1,
  372  2017. The department shall notify the Governor and the
  373  Legislature of the status of compliance with this section on or
  374  before October 1, 2017.
  375         (5) By January 2 of each year, the department shall provide
  376  to the Legislature a list of potential claims that may be filed
  377  for payment in the following fiscal year under ss. 288.0659,
  378  288.1045, 288.106, 288.107, 288.108, 288.1088, and 288.1089.
  379         (6) By March 1 of each year, the department shall provide
  380  to the Legislature a list of actual claims filed for payment in
  381  the following fiscal year under ss. 288.0659, 288.1045, 288.106,
  382  288.107, 288.108, 288.1088, and 288.1089.
  383         (7)(a)There is created the Quick Action Closing Fund
  384  Escrow Account within the State Economic Enhancement and
  385  Development Trust Fund. The Quick Action Closing Fund Escrow
  386  Account consists of moneys returned by the department to the
  387  State Treasury which were held by any entity pursuant to a
  388  contract executed for the Quick Action Closing Fund and which
  389  were unexpended as of June 30, 2017, pursuant to subsection (4).
  390         (b)Moneys in the account may be appropriated to make
  391  payments pursuant to agreements or contracts for projects
  392  authorized under s. 288.1088 or to make transfers required
  393  pursuant to paragraph (d) or paragraph (e). Notwithstanding s.
  394  216.301, and pursuant to s. 216.351, any balance in the account
  395  at the end of a fiscal year remains in the account and is
  396  available for carrying out the purposes of the account.
  397         (c)The department may make a payment from the account
  398  after an independent third party has verified that an applicant
  399  has satisfied all of the requirements of an agreement or
  400  contract and the department has determined that an applicant
  401  meets the required project performance criteria and is eligible
  402  to receive a payment.
  403         (d)The department shall determine within 15 days after the
  404  end of each calendar quarter whether moneys in the account are
  405  associated with an agreement or contract entered into pursuant
  406  to s. 288.1088 which the department has terminated, which has
  407  otherwise expired, or for which the applicant has not met
  408  performance conditions required by the agreement or contract.
  409  Any such funds held in the account must be returned to the State
  410  Economic Enhancement and Development Trust Fund within 10 days
  411  after the determination.
  412         (e)Moneys in the account shall be managed and invested to
  413  generate the maximum amount of interest earnings, consistent
  414  with the requirement that the moneys be available to make
  415  payments as required pursuant to Quick Action Closing Fund
  416  contracts or agreements. Notwithstanding s. 17.61(3)(c), the
  417  department shall transfer interest earnings on a quarterly basis
  418  to the State Economic Enhancement and Development Trust Fund.
  419         Section 10. Notwithstanding the repeal of section 288.1229,
  420  Florida Statutes, in section 485 of chapter 2011-142, Laws of
  421  Florida, section 288.1229, Florida Statutes, is revived,
  422  readopted, and amended to read:
  423         288.1229 Promotion and development of sports-related
  424  industries and amateur athletics; direct-support organization
  425  established; powers and duties.—
  426         (1) The department shall establish a direct-support
  427  organization known as the Florida Sports Foundation. The
  428  foundation shall The Office of Tourism, Trade, and Economic
  429  Development may authorize a direct-support organization to
  430  assist the department office in:
  431         (a) The promotion and development of the sports industry
  432  and related industries for the purpose of improving the economic
  433  presence of these industries in Florida.
  434         (b) The promotion of amateur athletic participation for the
  435  citizens of Florida and the promotion of Florida as a host for
  436  national and international amateur athletic competitions for the
  437  purpose of encouraging and increasing the direct and ancillary
  438  economic benefits of amateur athletic events and competitions.
  439         (c) The retention of professional sports franchises,
  440  including the spring training operations of Major League
  441  Baseball.
  442         (2) The Florida Sports Foundation To be authorized as a
  443  direct-support organization, an organization must:
  444         (a) Be incorporated as a corporation not for profit
  445  pursuant to chapter 617.
  446         (b)1. Be governed by a board of directors composed, which
  447  must consist of 20 up to 15 members appointed by the Governor as
  448  follows:
  449         a. Ten members representing Florida major league franchises
  450  of Major League Baseball, the National Basketball Association,
  451  the National Football League, the Arena Football League, the
  452  National Hockey League, and Major League Soccer teams domiciled
  453  in this state.
  454         b. A member representing Florida Sports Commissions.
  455         c. A member representing the boating and fishing industries
  456  in this state.
  457         d. A member representing the golf industry in this state.
  458         e. A member representing Major League Baseball spring
  459  training.
  460         f. A member representing the auto racing industry in this
  461  state.
  462         g. Five at-large members and up to 15 members appointed by
  463  the existing board of directors. In making at-large
  464  appointments, the Governor board must consider a potential
  465  member’s background in community service and sports activism in,
  466  and financial support of, the sports industry, professional
  467  sports, or organized amateur athletics. Members must be
  468  residents of the state and highly knowledgeable about or active
  469  in professional or organized amateur sports.
  470         2. The board must contain representatives of all
  471  geographical regions of the state and must represent ethnic and
  472  gender diversity. The terms of office of the members is shall be
  473  4 years. No member may serve more than two consecutive terms.
  474  The Governor may remove any member for cause and shall fill all
  475  vacancies that occur.
  476         (c) Have as its purpose, as stated in its articles of
  477  incorporation, to receive, hold, invest, and administer
  478  property; to raise funds and receive gifts; and to promote and
  479  develop the sports industry and related industries for the
  480  purpose of increasing the economic presence of these industries
  481  in Florida.
  482         (d) Have a prior determination by the department Office of
  483  Tourism, Trade, and Economic Development that the organization
  484  will benefit the department office and act in the best interests
  485  of the state as a direct-support organization to the department
  486  office.
  487         (3) The Florida Sports Foundation shall operate under
  488  contract with the department. The department shall enter into a
  489  contract with the foundation by July 1, 2017. The contract must
  490  provide Office of Tourism, Trade, and Economic Development shall
  491  contract with the organization and shall include in the contract
  492  that:
  493         (a) The department office may review the foundation’s
  494  organization’s articles of incorporation.
  495         (b) The foundation must organization shall submit an annual
  496  budget proposal to the department office, on a form provided by
  497  the department office, in accordance with department office
  498  procedures for filing budget proposals based upon the
  499  recommendation of the department office.
  500         (c) Any funds that the foundation organization holds in
  501  trust will revert to the state upon the expiration or
  502  cancellation of the contract.
  503         (d) The foundation organization is subject to an annual
  504  financial and performance review by the department office to
  505  determine whether the foundation organization is complying with
  506  the terms of the contract and whether it is acting in a manner
  507  consistent with the goals of the department office and in the
  508  best interests of the state.
  509         (e) The fiscal year of the foundation begins organization
  510  will begin July 1 of each year and ends end June 30 of the next
  511  ensuing year.
  512         (4) Subject to approval of the executive director, the
  513  department Office of Tourism, Trade, and Economic Development
  514  may allow the foundation organization to use the property,
  515  facilities, personnel, and services of the department office if
  516  the foundation organization provides equal employment
  517  opportunities to all persons regardless of race, color,
  518  religion, sex, age, or national origin, subject to the approval
  519  of the executive director of the office.
  520         (5) The foundation organization shall provide for an annual
  521  financial audit in accordance with s. 215.981.
  522         (6) The foundation organization is not granted any taxing
  523  power.
  524         (7)In exercising the power provided in this section, the
  525  Office of Tourism, Trade, and Economic Development may authorize
  526  and contract with the direct-support organization existing on
  527  June 30, 1996, and authorized by the former Florida Department
  528  of Commerce to promote sports-related industries. An appointed
  529  member of the board of directors of such direct-support
  530  organization as of June 30, 1996, may serve the remainder of his
  531  or her unexpired term.
  532         (7)(8) To promote amateur sports and physical fitness, the
  533  foundation direct-support organization shall:
  534         (a) Develop, foster, and coordinate services and programs
  535  for amateur sports for the people of Florida.
  536         (b) Sponsor amateur sports workshops, clinics, conferences,
  537  and other similar activities.
  538         (c) Give recognition to outstanding developments and
  539  achievements in, and contributions to, amateur sports.
  540         (d) Encourage, support, and assist local governments and
  541  communities in the development of or hosting of local amateur
  542  athletic events and competitions.
  543         (e) Promote Florida as a host for national and
  544  international amateur athletic competitions.
  545         (f) Develop a statewide programs program of amateur
  546  athletic competition to be known as the “Florida Senior Games”
  547  and the “Sunshine State Games.”
  548         (g) Continue the successful amateur sports programs
  549  previously conducted by the Florida Governor’s Council on
  550  Physical Fitness and Amateur Sports created under former s.
  551  14.22.
  552         (h) Encourage and continue the use of volunteers in its
  553  amateur sports programs to the maximum extent possible.
  554         (i) Develop, foster, and coordinate services and programs
  555  designed to encourage the participation of Florida’s youth in
  556  Olympic sports activities and competitions.
  557         (j) Foster and coordinate services and programs designed to
  558  contribute to the physical fitness of the citizens of Florida.
  559         (8)(a)(9)(a) The Sunshine State Games and Florida Senior
  560  Games shall be patterned after the Summer Olympics with
  561  variations as necessitated by availability of facilities,
  562  equipment, and expertise. The games shall be designed to
  563  encourage the participation of athletes representing a broad
  564  range of age groups, skill levels, and Florida communities.
  565  Participants shall be residents of this state. Regional
  566  competitions shall be held throughout the state, and the top
  567  qualifiers in each sport shall proceed to the final competitions
  568  to be held at a site in the state with the necessary facilities
  569  and equipment for conducting the competitions.
  570         (b) The department may Executive Office of the Governor is
  571  authorized to permit the use of property, facilities, and
  572  personal services of or at any State University System facility
  573  or institution by the direct-support organization operating the
  574  Sunshine State Games and Florida Senior Games. For the purposes
  575  of this paragraph, the term “personal services” personal
  576  services includes full-time or part-time personnel as well as
  577  payroll processing.
  578         Section 11. Section 288.1259, Florida Statutes, is created
  579  to read:
  580         288.1259 The Start-Up Florida Grant Program.—
  581         (1) CREATION; PURPOSE.—The Start-Up Florida Grant Program
  582  is created within the department to assist in the creation and
  583  expansion of innovative small commercial enterprises by
  584  providing grant funding to qualified small business incubators
  585  throughout the state which provide adequate physical space
  586  designed, and programs intended, to increase or accelerate small
  587  business success in this state.
  588         (2) DEFINITIONS.—As used in this section, the term:
  589         (a) “Business incubator” means a facility that offers
  590  space, the shared use of equipment and work areas, daily
  591  management support services essential to high-quality commercial
  592  operations, and technical assistance to startups and expanding
  593  firms.
  594         (b) “Qualified small business incubator” means a business
  595  incubator that is:
  596         1. Qualified as a nonprofit organization pursuant to s.
  597  501(c)(3) of the Internal Revenue Code or that consists of a
  598  partnership between an organization qualified as nonprofit
  599  pursuant to s. 501(c)(3) of the Internal Revenue Code and a
  600  governmental or quasi-governmental agency;
  601         2. Focused on developing small businesses in an
  602  economically distressed or disadvantaged area; and
  603         3. Structured around a sound business plan.
  604         (3) START-UP FLORIDA GRANT PROGRAM.—Subject to
  605  appropriation, the Start-Up Florida Grant Program shall provide
  606  startup and operating assistance to qualified small business
  607  incubators.
  608         (a) The department shall award grants to qualified small
  609  business incubators for:
  610         1. Construction and equipment costs, up to a maximum of $5
  611  million per grant recipient;
  612         2. Provision of technical assistance to small businesses,
  613  up to a maximum of $1 million per year per grant recipient; and
  614         (b) The department shall:
  615         1. Develop rules for the award of grants, including an
  616  annual application process and criteria related to
  617  organizational capacity, community need, and the availability of
  618  other economic development resources. The department shall
  619  require as a condition of eligibility for a grant award that an
  620  applicant:
  621         a. Provide matching funds or in-kind contributions at least
  622  equal to the grant requested, to be used for the cost of
  623  preparing space and work areas, obtaining equipment, and
  624  providing daily management support services essential to high
  625  quality commercial operations and technical assistance to
  626  startups and expanding firms; and
  627         b. Show that it has the resources to complete the tasks
  628  specified in sub-subparagraph a. in a timely manner and that the
  629  state grant is not the sole source of funds;
  630         2. Accept and receive grants, gifts, and pledges of funds
  631  for the support of the Start-Up Florida Grant Program, which
  632  shall be deposited into the small business incubator account
  633  within the State Enhancement and Economic Development Trust
  634  Fund; and
  635         3. Integrate the promotion of small business incubators as
  636  economic development tools in its strategic plan adopted
  637  pursuant to s. 20.60(5).
  638         Section 12. Paragraphs (a) and (b) of subsection (5) of
  639  section 288.901, Florida Statutes, are amended to read:
  640         288.901 Enterprise Florida, Inc.—
  641         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
  642         (a) In addition to the Governor or his or her designee, the
  643  board of directors shall consist of the following appointed
  644  members:
  645         1. The Commissioner of Education or his or her designee.
  646         2. The Chief Financial Officer or his or her designee.
  647         3. The Attorney General or his or her designee.
  648         4. The Commissioner of Agriculture or his or her designee.
  649         5. The chairperson of the board of directors of
  650  CareerSource Florida, Inc.
  651         6. The Secretary of State or his or her designee.
  652         7. A representative of the rural economic development
  653  community.
  654         8. A representative of the Small Business Development
  655  Center Network.
  656         9.7. Twelve members from the private sector, six of whom
  657  shall be appointed by the Governor, three of whom shall be
  658  appointed by the President of the Senate, and three of whom
  659  shall be appointed by the Speaker of the House of
  660  Representatives. Members appointed by the Governor are subject
  661  to Senate confirmation.
  662         (b) In making their appointments, the Governor, the
  663  President of the Senate, and the Speaker of the House of
  664  Representatives shall ensure that the composition of the board
  665  of directors reflects the diversity of Florida’s business
  666  community and is representative of the economic development
  667  goals in subsection (2). The board must include at least one
  668  director for each of the following areas of expertise:
  669  international business, tourism marketing, the space or
  670  aerospace industry, managing or financing a minority-owned
  671  business, manufacturing, finance and accounting, and rural
  672  economic development sports marketing.
  673         Section 13. Subsection (1) and paragraph (c) of subsection
  674  (2) of section 288.9015, Florida Statutes, are amended to read:
  675         288.9015 Powers of Enterprise Florida, Inc.; board of
  676  directors.—
  677         (1) Enterprise Florida, Inc., shall integrate its efforts
  678  in business recruitment and expansion, job creation, marketing
  679  the state for tourism, and sports, and promoting economic
  680  opportunities for minority-owned businesses and promoting
  681  economic opportunities for rural and distressed urban
  682  communities with those of the department, to create an
  683  aggressive, agile, and collaborative effort to reinvigorate the
  684  state’s economy.
  685         (2) The board of directors of Enterprise Florida, Inc.,
  686  may:
  687         (c) Make and enter into contracts and other instruments
  688  necessary or convenient for the exercise of its powers and
  689  functions. A contract executed by Enterprise Florida, Inc., with
  690  a person or organization under which such person or organization
  691  agrees to perform economic development services or similar
  692  business assistance services on behalf of the state or
  693  Enterprise Florida, Inc., or the state must include provisions
  694  requiring a performance report on the contracted activities and
  695  must account for the proper use of funds provided under the
  696  contract, coordinate with other components of state and local
  697  economic development systems, and avoid duplication of existing
  698  state and local services and activities. A contract executed
  699  with a person or an organization by Enterprise Florida, Inc.,
  700  must be approved by a two-thirds vote of the board of directors
  701  of Enterprise Florida, Inc., if:
  702         1. The person or one or more employees, agents, officers,
  703  directors, shareholders, principals, or consultants of the
  704  person or the organization are members of the board of
  705  directors; or
  706         2.One or more employees, agents, officers, directors,
  707  shareholders, principals, or consultants of an affiliate or
  708  subsidiary of the person or the organization are members of the
  709  board of directors.
  710  
  711  A member of the board of directors of Enterprise Florida, Inc.,
  712  affiliated with a person or organization as provided in
  713  subparagraph 1. or subparagraph 2. must abstain from voting on
  714  such contract.
  715         Section 14. Paragraph (c) is added to subsection (2) of
  716  section 288.904, Florida Statutes, to read:
  717         288.904 Funding for Enterprise Florida, Inc.; performance
  718  and return on the public’s investment.—
  719         (2)
  720         (c)For any fiscal year in which private sector cash
  721  support in operating Enterprise Florida, Inc., and its divisions
  722  does not equal at least 100 percent of the state operational
  723  funding, Enterprise Florida, Inc., may not receive 100 percent
  724  of the state operational funding. Instead, Enterprise Florida,
  725  Inc., shall receive the larger of:
  726         1.Fifty percent of the state operational funding
  727  appropriated; or
  728         2.State operational funding in an amount equal to private
  729  sector support.
  730         Section 15. Subsection (1) of section 288.905, Florida
  731  Statutes, is amended, and subsection (5) is added to that
  732  section, to read:
  733         288.905 President and employees of Enterprise Florida,
  734  Inc.—
  735         (1) The board of directors of Enterprise Florida, Inc.,
  736  shall appoint a president, subject to confirmation by the
  737  Senate, who shall serve at the pleasure of the Governor. The
  738  president shall also be known as the “secretary of commerce” and
  739  shall serve as the Governor’s chief negotiator for business
  740  recruitment and business expansion.
  741         (5)Enterprise Florida, Inc., may award an employee
  742  incentive payments for reaching a goal or obtaining a specified
  743  result. However, such goal or result must be quantifiable,
  744  measurable, and verifiable. An employee may not earn an
  745  incentive payment based on a projected or unconfirmed result. In
  746  addition, Enterprise Florida, Inc., may not award any employee
  747  an incentive payment for a result related to a contract
  748  requiring a two-thirds vote under s. 288.9015(2)(c).
  749         Section 16. Section 288.9938, Florida Statutes, is created
  750  to read:
  751         288.9938 Repeal.—This part is repealed July 1, 2020, unless
  752  reviewed and saved from repeal by the Legislature.
  753         Section 17. The Division of Law Revision and Information is
  754  directed to add s. 288.9938, Florida Statutes, created by this
  755  act, to part XIV of chapter 288, Florida Statutes.
  756         Section 18. Subsection (1) of section 288.92, Florida
  757  Statutes, is amended to read:
  758         288.92 Divisions of Enterprise Florida, Inc.—
  759         (1) Enterprise Florida, Inc., may create and dissolve
  760  divisions as necessary to carry out its mission. Each division
  761  shall have distinct responsibilities and complementary missions.
  762  At a minimum, Enterprise Florida, Inc., shall have divisions
  763  related to the following areas:
  764         (a) International Trade and Business Development;
  765         (b) Business Retention and Recruitment;
  766         (c) Tourism Marketing; and
  767         (d) Minority Business Development.; and
  768         (e) Sports Industry Development.
  769         Section 19. Paragraph (a) of subsection (6), paragraph (b)
  770  of subsection (9), paragraph (a) of subsection (35), subsection
  771  (60), and paragraph (b) of subsection (64) of section 320.08058,
  772  Florida Statutes, are amended to read:
  773         320.08058 Specialty license plates.—
  774         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
  775  PLATES.—
  776         (a) Because the United States Olympic Committee has
  777  selected this state to participate in a combined fundraising
  778  program that provides for one-half of all money raised through
  779  volunteer giving to stay in this state and be administered by
  780  the Florida Sports Foundation Enterprise Florida, Inc., to
  781  support amateur sports, and because the United States Olympic
  782  Committee and the Florida Sports Foundation Enterprise Florida,
  783  Inc., are nonprofit organizations dedicated to providing
  784  athletes with support and training and preparing athletes of all
  785  ages and skill levels for sports competition, and because the
  786  Florida Sports Foundation Enterprise Florida, Inc., assists in
  787  the bidding for sports competitions that provide significant
  788  impact to the economy of this state, and the Legislature
  789  supports the efforts of the United States Olympic Committee and
  790  the Florida Sports Foundation Enterprise Florida, Inc., the
  791  Legislature establishes a Florida United States Olympic
  792  Committee license plate for the purpose of providing a
  793  continuous funding source to support this worthwhile effort.
  794  Florida United States Olympic Committee license plates must
  795  contain the official United States Olympic Committee logo and
  796  must bear a design and colors that are approved by the
  797  department. The word “Florida” must be centered at the top of
  798  the plate.
  799         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
  800         (b) The license plate annual use fees are to be annually
  801  distributed as follows:
  802         1. Fifty-five percent of the proceeds from the Florida
  803  Professional Sports Team plate must be deposited into the
  804  Professional Sports Development Trust Fund within the Department
  805  of Economic Opportunity. These funds must be used solely to
  806  attract and support major sports events in this state. As used
  807  in this subparagraph, the term “major sports events” means, but
  808  is not limited to, championship or all-star contests of Major
  809  League Baseball, the National Basketball Association, the
  810  National Football League, the National Hockey League, Major
  811  League Soccer, the men’s and women’s National Collegiate
  812  Athletic Association championships Final Four basketball
  813  championship, or a horseracing or dogracing Breeders’ Cup. All
  814  funds must be used to support and promote major sporting events,
  815  and the uses must be approved by the Department of Economic
  816  Opportunity.
  817         2. The remaining proceeds of the Florida Professional
  818  Sports Team license plate must be allocated to the Florida
  819  Sports Foundation Enterprise Florida, Inc. These funds must be
  820  deposited into the Professional Sports Development Trust Fund
  821  within the Department of Economic Opportunity. These funds must
  822  be used by the Florida Sports Foundation Enterprise Florida,
  823  Inc., to promote the economic development of the sports
  824  industry; to distribute licensing and royalty fees to
  825  participating professional sports teams; to promote education
  826  programs in Florida schools that provide an awareness of the
  827  benefits of physical activity and nutrition standards; to
  828  partner with the Department of Education and the Department of
  829  Health to develop a program that recognizes schools whose
  830  students demonstrate excellent physical fitness or fitness
  831  improvement; to institute a grant program for communities
  832  bidding on minor sporting events that create an economic impact
  833  for the state; to distribute funds to Florida-based charities
  834  designated by the Florida Sports Foundation Enterprise Florida,
  835  Inc., and the participating professional sports teams; and to
  836  fulfill the sports promotion responsibilities of the Department
  837  of Economic Opportunity.
  838         3. Pursuant to s. 288.1229(5), the Florida Sports
  839  Foundation Enterprise Florida, Inc., shall provide an annual
  840  financial audit in accordance with s. 215.981 of its financial
  841  accounts and records by an independent certified public
  842  accountant pursuant to the contract established by the
  843  Department of Economic Opportunity. The auditor shall submit the
  844  audit report to the Department of Economic Opportunity for
  845  review and approval. If the audit report is approved, the
  846  Department of Economic Opportunity shall certify the audit
  847  report to the Auditor General for review.
  848         4. Notwithstanding the provisions of subparagraphs 1. and
  849  2., proceeds from the Professional Sports Development Trust Fund
  850  may also be used for operational expenses of the Florida Sports
  851  Foundation Enterprise Florida, Inc., and financial support of
  852  the Sunshine State Games and Florida Senior Games.
  853         (35) FLORIDA GOLF LICENSE PLATES.—
  854         (a) The Department of Highway Safety and Motor Vehicles
  855  shall develop a Florida Golf license plate as provided in this
  856  section. The word “Florida” must appear at the bottom of the
  857  plate. The Dade Amateur Golf Association, following consultation
  858  with the PGA TOUR, the Florida Sports Foundation Enterprise
  859  Florida, Inc., the LPGA, and the PGA of America may submit a
  860  revised sample plate for consideration by the department.
  861         (60) FLORIDA NASCAR LICENSE PLATES.—
  862         (a) The department shall develop a Florida NASCAR license
  863  plate as provided in this section. Florida NASCAR license plates
  864  must bear the colors and design approved by the department. The
  865  word “Florida” must appear at the top of the plate, and the term
  866  “NASCAR” must appear at the bottom of the plate. The National
  867  Association for Stock Car Auto Racing, following consultation
  868  with the Florida Sports Foundation Enterprise Florida, Inc., may
  869  submit a sample plate for consideration by the department.
  870         (b) The license plate annual use fees shall be distributed
  871  to the Florida Sports Foundation Enterprise Florida, Inc. The
  872  license plate annual use fees shall be annually allocated as
  873  follows:
  874         1. Up to 5 percent of the proceeds from the annual use fees
  875  may be used by the Florida Sports Foundation Enterprise Florida,
  876  Inc., for the administration of the NASCAR license plate
  877  program.
  878         2. The National Association for Stock Car Auto Racing shall
  879  receive up to $60,000 in proceeds from the annual use fees to be
  880  used to pay startup costs, including costs incurred in
  881  developing and issuing the plates. Thereafter, 10 percent of the
  882  proceeds from the annual use fees shall be provided to the
  883  association for the royalty rights for the use of its marks.
  884         3. The remaining proceeds from the annual use fees shall be
  885  distributed to the Florida Sports Foundation Enterprise Florida,
  886  Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
  887  will retain 15 percent to support its regional grant program,
  888  attracting sporting events to Florida; 20 percent to support the
  889  marketing of motorsports-related tourism in the state; and 50
  890  percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
  891  charitable organization, to support Florida-based charitable
  892  organizations.
  893         (c) Pursuant to s. 288.1229(5), the Florida Sports
  894  Foundation Enterprise Florida, Inc., shall provide an annual
  895  financial audit in accordance with s. 215.981 of its financial
  896  accounts and records by an independent certified public
  897  accountant pursuant to the contract established by the
  898  Department of Economic Opportunity. The auditor shall submit the
  899  audit report to the Department of Economic Opportunity for
  900  review and approval. If the audit report is approved, the
  901  Department of Economic Opportunity shall certify the audit
  902  report to the Auditor General for review.
  903         (64) FLORIDA TENNIS LICENSE PLATES.—
  904         (b) The department shall distribute the annual use fees to
  905  the Florida Sports Foundation Enterprise Florida, Inc. The
  906  license plate annual use fees shall be annually allocated as
  907  follows:
  908         1. Up to 5 percent of the proceeds from the annual use fees
  909  may be used by the Florida Sports Foundation Enterprise Florida,
  910  Inc., to administer the license plate program.
  911         2. The United States Tennis Association Florida Section
  912  Foundation shall receive the first $60,000 in proceeds from the
  913  annual use fees to reimburse it for startup costs,
  914  administrative costs, and other costs it incurs in the
  915  development and approval process.
  916         3. Up to 5 percent of the proceeds from the annual use fees
  917  may be used for promoting and marketing the license plates. The
  918  remaining proceeds shall be available for grants by the United
  919  States Tennis Association Florida Section Foundation to
  920  nonprofit organizations to operate youth tennis programs and
  921  adaptive tennis programs for special populations of all ages,
  922  and for building, renovating, and maintaining public tennis
  923  courts.
  924         Section 20. This act shall take effect July 1, 2017.