Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
                        Barcode 613042
                            CHAMBER ACTION
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11  The Committee on Commerce and Consumer Services (King)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 288.041, Florida Statutes, is
19  amended to read:
20         288.041  Solar energy industry; legislative findings
21  and policy; promotional activities.--
22         (1)  It is hereby found and declared that:
23         (a)  The solar energy industry in this state has been a
24  leader in the nation in the manufacture, supply, and delivery
25  of solar energy systems.
26         (b)  The use of solar energy in this state has been
27  demonstrated to save conventional energy sources.
28         (c)  The solar energy industry offers the prospect for
29  improved economic welfare of this state through creation of
30  jobs, increased energy security, and enhancing the quality of
31  the environment of this state.
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
                        Barcode 613042
 1         (d)  Through helping to provide for a clean environment
 2  and healthy economy, the solar energy industry contributes to
 3  the continued growth and development of the tourist industry
 4  of this state.
 5         (2)  It is the policy of this state to promote,
 6  stimulate, develop, and advance the growth of the solar energy
 7  industry in this state.
 8         (3)  Enterprise Florida, Inc., and its boards shall
 9  assist in the expansion of the solar energy industry in this
10  state.  Such efforts shall be undertaken in cooperation with
11  the Department of Environmental Protection, the Florida Solar
12  Energy Center, and the Florida Solar Energy Industries
13  Association, and shall include:
14         (a)  Providing assistance and support to new and
15  existing photovoltaic companies, with special emphasis on
16  attracting one or more manufacturers of photovoltaic products
17  to locate within this state.
18         (b)  Sponsoring initiatives which aid and take full
19  advantage of the export market potential of solar
20  technologies.
21         (c)  Informing the business sector of this state about
22  opportunities for cost-effective commercial applications of
23  solar technologies.
24         (d)  Encouraging employment of residents of this state
25  by solar energy companies.
26         (e)  Retaining existing solar energy companies and
27  supporting their expansion efforts in this state.
28         (f)  Supporting the promotion of solar energy by
29  sponsoring workshops, seminars, conferences, and educational
30  programs on the benefits of solar energy.
31         (g)  Recognizing outstanding developments and
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
                        Barcode 613042
 1  achievements in, and contributions to, the solar energy
 2  industry.
 3         (h)  Collecting and disseminating solar energy
 4  information relevant to the promotion of solar energy
 5  applications.
 6         (i)  Enlisting the support of persons, civic groups,
 7  the solar energy industry, and other organizations to promote
 8  and improve solar energy products and services.
 9         (4)  The department shall also promote projects that
10  demonstrate viable applications of solar technology which may
11  include, but shall not be limited to: irrigation and stock
12  watering, process heat for dairy and citrus operations,
13  aquaculture, hydroponics, horticulture, waste detoxification,
14  and other means of meeting the energy needs of the
15  agricultural industry.
16         (3)(5)  By January 15 of each year, the Department of
17  Environmental Protection shall report to the Governor, the
18  President of the Senate, and the Speaker of the House of
19  Representatives on the impact of the solar energy industry on
20  the economy of this state and shall make any recommendations
21  on initiatives to further promote the solar energy industry as
22  the department deems appropriate.
23         Section 2.  Paragraph (c) of subsection (3) of section
24  288.095, Florida Statutes, is amended to read:
25         288.095  Economic Development Trust Fund.--
26         (3)
27         (c)  By December 31 of each year, Enterprise Florida,
28  Inc., shall submit a complete and detailed report to the
29  Governor, the President of the Senate, the Speaker of the
30  House of Representatives, and the director of the Office of
31  Tourism, Trade, and Economic Development of all applications
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
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 1  received, recommendations made to the Office of Tourism,
 2  Trade, and Economic Development, final decisions issued, tax
 3  refund agreements executed, and tax refunds paid or other
 4  payments made under all programs funded out of the Economic
 5  Development Incentives Account, including analyses of benefits
 6  and costs, types of projects supported, and employment and
 7  investment created. Enterprise Florida, Inc., shall also
 8  include a separate analysis of the impact of such tax refunds
 9  on state enterprise zones designated pursuant to s. 290.0065,
10  rural communities, brownfield areas, and distressed urban
11  communities. The report must discuss whether the authority and
12  moneys appropriated by the Legislature to the Economic
13  Development Incentives Account were managed and expended in a
14  prudent, fiducially sound manner. The Office of Tourism,
15  Trade, and Economic Development shall assist Enterprise
16  Florida, Inc., in the collection of data related to business
17  performance and incentive payments.
18         Section 3.  Section 288.8155, Florida Statutes, is
19  repealed.
20         Section 4.  Subsections (7), (8), and (11) of section
21  288.901, Florida Statutes, are amended to read:
22         288.901  Enterprise Florida, Inc.; creation;
23  membership; organization; meetings; disclosure.--
24         (7)  The Governor shall serve as chairperson of the
25  board of directors.  The board of directors shall biennially
26  elect one of its appointive members as vice chairperson. The
27  president shall keep a record of the proceedings of the board
28  of directors and is the custodian of all books, documents, and
29  papers filed with the board of directors, the minutes of the
30  board of directors, and the official seal of Enterprise
31  Florida, Inc.
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
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 1         (8)  The board of directors shall meet at least four
 2  times each year, upon the call of the chairperson, at the
 3  request of the vice chairperson, or at the request of a
 4  majority of the membership.  A majority of the total number of
 5  current voting all directors fixed by subsection (3) shall
 6  constitute a quorum.  The board of directors may take official
 7  action by a majority vote of the members present at any
 8  meeting at which a quorum is present.
 9         (11)  Notwithstanding the provisions of subsection (3),
10  the board of directors may by resolution appoint at-large
11  members to the board from the private sector, each of whom may
12  serve a 1-year term of up to 3 years. At-large members shall
13  have the powers and duties of other members of the board,
14  except that they may not serve on an executive committee. An
15  at-large member is eligible for reappointment but may not vote
16  on his or her own reappointment.  An at-large member shall be
17  eligible to fill vacancies occurring among private-sector
18  appointees under subsection (3).
19         Section 5.  Section 288.9015, Florida Statutes, is
20  amended to read:
21         288.9015  Enterprise Florida, Inc.; purpose; duties.--
22         (1)  Enterprise Florida, Inc., is the principal
23  economic development organization for the state.  It shall be
24  the responsibility of Enterprise Florida, Inc., to provide
25  leadership for business development in Florida by aggressively
26  establishing a unified approach to Florida's efforts of
27  international trade and reverse investment; by aggressively
28  marketing the state as a probusiness location for potential
29  new investment; and by aggressively assisting in the retention
30  and expansion of existing businesses and the creation of new
31  businesses. In support of this effort, Enterprise Florida,
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
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 1  Inc., may develop and implement specific programs or
 2  strategies that address the creation, expansion, and retention
 3  of Florida business; the development of import and export
 4  trade; and the recruitment of worldwide business.
 5         (2)  It shall be the responsibility of Enterprise
 6  Florida, Inc., to aggressively market Florida's rural
 7  communities, distressed urban communities, and enterprise
 8  zones as locations for potential new investment, to
 9  aggressively assist in the retention and expansion of existing
10  businesses in these communities, and to aggressively assist
11  these communities in the identification and development of new
12  economic development opportunities for job creation, fully
13  marketing state incentive programs such as the Qualified
14  Target Industry Tax Refund Program under s. 288.106 and the
15  Quick Action Closing Fund under s. 288.1088 in economically
16  distressed areas.
17         (3)  It shall be the responsibility of Enterprise
18  Florida, Inc., through the Workforce Development Board, to
19  develop a comprehensive approach to workforce development that
20  will result in better employment opportunities for the
21  residents of this state. Such comprehensive approach must
22  include:
23         (a)  Creating and maintaining a highly skilled
24  workforce that is capable of responding to rapidly changing
25  technology and diversified market opportunities.
26         (b)  Training, educating, and assisting target
27  populations, such as those who are economically disadvantaged
28  or who participate in the WAGES Program or otherwise receive
29  public assistance to become independent, self-reliant, and
30  self-sufficient. This approach must ensure the effective use
31  of federal, state, local, and private resources in reducing
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    Bill No. SB 1154
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 1  the need for public assistance.
 2         (3)(4)  It shall be the responsibility of Enterprise
 3  Florida, Inc., to assess, on an ongoing basis, Florida's
 4  economic development competitiveness as measured against other
 5  business locations, to identify and regularly reevaluate
 6  Florida's economic development strengths and weaknesses, and
 7  to incorporate such information into the strategic planning
 8  process under s. 288.904.
 9         (4)(5)  Enterprise Florida, Inc., shall incorporate the
10  needs of small and minority businesses into the
11  economic-development, international-trade and
12  reverse-investment, and workforce-development responsibilities
13  assigned to the organization by this section. Where
14  practicable and consistent with the expertise of the Black
15  Business Investment Board, Inc., Enterprise Florida, Inc.,
16  shall contract with the corporation for the delivery of
17  services in fulfillment of the responsibilities of Enterprise
18  Florida, Inc., relating to small and minority businesses.
19         (5)(6)  Enterprise Florida, Inc., shall not endorse any
20  candidate for any elected public office, nor shall it
21  contribute moneys to the campaign of any such candidate.
22         (6)(7)  As part of its business development and
23  marketing responsibilities, Enterprise Florida, Inc., shall
24  prepare a business guide and checklist that contains basic
25  information on the federal, state, and local requirements for
26  starting and operating a business in this state. The guide and
27  checklist must describe how additional information can be
28  obtained on any such requirements and shall include, to the
29  extent feasible, the names, addresses, and telephone numbers
30  of appropriate government agency representatives. The guide
31  and checklist must also contain information useful to persons
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    Bill No. SB 1154
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 1  who may be starting a business for the first time, including,
 2  but not limited to, information on business structure,
 3  financing, and planning.
 4         Section 6.  Section 288.90151, Florida Statutes, is
 5  amended to read:
 6         288.90151  Return on investment from activities of
 7  Enterprise Florida, Inc.--
 8         (1)  The public funds appropriated each year for the
 9  operation of Enterprise Florida, Inc., are invested in this
10  public-private partnership to enhance international trade and
11  economic development, to spur job-creating investments, and to
12  create new employment opportunities for Floridians, and to
13  prepare Floridians for those jobs.  This policy will be the
14  Legislature's priority consideration when reviewing the
15  return-on-investment for Enterprise Florida, Inc.
16         (2)  It is also the intent of the Legislature that
17  Enterprise Florida, Inc., coordinate its operations with local
18  economic-development organizations to maximize the state and
19  local return-on-investment to create jobs for Floridians.
20         (3)  It is further the intent of the Legislature to
21  maximize private-sector support in operating Enterprise
22  Florida, Inc., as an endorsement of its value and as an
23  enhancement of its efforts.
24         (4)(a)  The state's operating investment in Enterprise
25  Florida, Inc., is the budget contracted by the Office of
26  Tourism, Trade, and Economic Development to Enterprise
27  Florida, Inc., less funding that is directed by the
28  Legislature to be subcontracted to a specific recipient.
29         (b)  The board of directors of Enterprise Florida,
30  Inc., shall adopt for each upcoming fiscal year an operating
31  budget for the organization that specifies the intended uses
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 1  of the state's operating investment and a plan for securing
 2  private-sector support to Enterprise Florida, Inc. Each fiscal
 3  year private-sector support to Enterprise Florida, Inc., shall
 4  equal no less than 100 percent of the state's operating
 5  investment, including at least $1 million in cash as defined
 6  in paragraph (5)(a), and an additional $400,000 in cash as
 7  defined in paragraphs (5)(a), (b), and (c).
 8         (5)  Private-sector support in operating Enterprise
 9  Florida, Inc., includes:
10         (a)  Cash given directly to Enterprise Florida, Inc.,
11  for its operations, excluding contributions from grantees or
12  companies having contracts with Enterprise Florida, Inc.,
13  which represent more than 5 percent of the value of all
14  contracts with Enterprise Florida, Inc., exclusive of grants,
15  or more than 5 percent of the company's revenues. Cash in this
16  category is not subject to restrictions on the use of
17  appropriated funds operating budget;
18         (b)  Cash jointly raised by Enterprise Florida, Inc.,
19  and a local economic development organization, a group of such
20  organizations, or a statewide business organization that
21  supports collaborative projects;
22         (c)  Cash generated by fees charged for products or
23  services of Enterprise Florida, Inc., and by sponsorship of
24  events, missions, programs, and publications; and
25         (d)  In-kind contributions directly to Enterprise
26  Florida, Inc., including: business expenditures; business
27  services provided; business support; or other business
28  contributions that augment the operations, program,
29  activities, or assets of Enterprise Florida, Inc., including,
30  but not limited to:  an individual's time and expertise;
31  sponsored publications; private-sector staff services; payment
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
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 1  for advertising placements; sponsorship of events; sponsored
 2  or joint research; discounts on leases or purchases; mission
 3  or program sponsorship; and copayments, stock, warrants,
 4  royalties, or other private resources dedicated to Enterprise
 5  Florida, Inc.
 6         (6)  Enterprise Florida, Inc., shall fully comply with
 7  the performance measures, standards, and sanctions in its
 8  contracts with the Office of Tourism, Trade, and Economic
 9  Development under s. 14.2015(2)(h) and (7).  The Office of
10  Tourism, Trade, and Economic Development shall ensure, to the
11  maximum extent possible, that the contract performance
12  measures are consistent with performance measures that the
13  office is required to develop and track under
14  performance-based program budgeting.
15         (7)  As part of the annual report required under s.
16  288.906, Enterprise Florida, Inc., shall provide the
17  Legislature with information quantifying the public's
18  return-on-investment as described in this section for fiscal
19  year 1997-1998 and each subsequent fiscal year.  The annual
20  report shall also include the results of a
21  customer-satisfaction survey of businesses served, as well as
22  the lead economic development staff person of each
23  organization that is a primary partner local economic
24  development organization that employs a full-time or part-time
25  staff person.
26         (8)  Enterprise Florida, Inc., in consultation with the
27  Office of Program Policy Analysis and Government
28  Accountability, shall hire an economic-analysis a private
29  accounting firm to develop the methodology for establishing
30  and reporting return-on-investment and in-kind contributions
31  as described in this section and shall hire a firm experienced
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 1  in survey research to develop, analyze, and report on the
 2  results of the customer-satisfaction survey. The Office of
 3  Program Policy Analysis and Government Accountability shall
 4  review and offer feedback on the methodology before it is
 5  implemented. The private accounting firm shall certify whether
 6  the applicable statements in the annual report comply with
 7  this subsection.
 8         Section 7.  Paragraph (b) of subsection (1) of section
 9  288.904, Florida Statutes, is amended to read:
10         288.904  Powers of the board of directors of Enterprise
11  Florida, Inc.--
12         (1)  The board of directors of Enterprise Florida,
13  Inc., shall have the power to:
14         (b)1.  Make and enter into contracts and other
15  instruments necessary or convenient for the exercise of its
16  powers and functions, except that any contract made with an
17  organization represented on the board of directors which
18  exceeds $100,000, must be approved by a two-thirds vote of the
19  entire board members in attendance at a meeting where a quorum
20  is present of directors, and the board member representing
21  such organization shall abstain from voting. No more than 65
22  percent of the dollar value of all contracts or other
23  agreements entered into in any fiscal year, exclusive of grant
24  programs, shall be made with an organization represented on
25  the board of directors. This section does not apply to a
26  contract awarded by another entity to an organization
27  represented on the board of directors or to a contract in
28  which Enterprise Florida, Inc., is the recipient of funds from
29  an organization represented on the board of directors. An
30  organization represented on the board may not enter into a
31  contract to receive a state-funded economic development
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 1  incentive or similar grant, unless such incentive award is
 2  specifically endorsed by a two-thirds vote of the entire
 3  board. The board member representing such organization, if
 4  applicable, shall abstain from voting and refrain from
 5  discussing the issue with other members of the board. No more
 6  than 50 percent of the dollar value of grants issued by the
 7  board in any fiscal year may go to businesses associated with
 8  board members.
 9         2.  A contract that Enterprise Florida, Inc., executes
10  with a person or organization under which such person or
11  organization agrees to perform economic development services
12  or similar business assistance services on behalf of
13  Enterprise Florida, Inc., or on behalf of the state must
14  include provisions requiring that such person or organization
15  report on performance, account for proper use of funds
16  provided under the contract, coordinate with other components
17  of state and local economic development systems, and avoid
18  duplication of existing state and local services and
19  activities.
20         Section 8.  This act shall take effect upon becoming a
21  law.
22  
23  
24  ================ T I T L E   A M E N D M E N T ===============
25  And the title is amended as follows:
26         Delete everything before the enacting clause
27  
28  and insert:  
29                      A bill to be entitled
30         An act relating to Enterprise Florida, Inc.;
31         amending s. 288.041, F.S.; deleting the
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
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 1         requirement that Enterprise Florida, Inc.,
 2         assist in the expansion of the solar energy
 3         industry and solar technology; amending s.
 4         288.095, F.S.; deleting obsolete provisions;
 5         repealing s. 288.8155, F.S., relating to the
 6         International Trade Data Resource and Research
 7         Center; amending s. 288.901, F.S.; revising the
 8         membership, organization, and meetings of the
 9         board of directors of Enterprise Florida, Inc.;
10         amending s. 288.9015, F.S.; deleting obsolete
11         provisions regarding the Workforce Development
12         Board of Enterprise Florida, Inc.; amending s.
13         288.90151, F.S.; deleting obsolete provisions;
14         specifying moneys and contributions that may be
15         considered as private-sector support to
16         Enterprise Florida, Inc.; requiring that the
17         annual report include a study; clarifying the
18         term "economic development organization";
19         requiring Enterprise Florida, Inc. to hire
20         certain firms to develop certain survey
21         reporting; deleting a requirement that the
22         annual report be certified; amending s.
23         288.904, F.S.; revising the power of the board
24         to make and enter into contracts; providing
25         that certain limitations do not apply to
26         contracts awarded by another entity; providing
27         an effective date.
28  
29  
30  
31  
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