HB 0931

1	A bill to be entitled
2	An act relating to Enterprise Florida, Inc.; amending s.
3	288.041, F.S.; deleting the requirement that Enterprise
4	Florida, Inc., assist in the expansion of the solar energy
5	industry in this state; deleting a requirement that the
6	Department of Environmental Protection promote certain
7	solar technology projects; amending s. 288.047, F.S.,
8	relating to quick-response training; conforming provisions
9	to changes made by the act; amending s. 288.095, F.S.;
10	deleting obsolete provisions; repealing s. 288.8155, F.S.,
11	relating to the International Trade Data Resource and
12	Research Center; amending s. 288.901, F.S.; revising the
13	membership, organization, and meetings of the board of
14	directors of Enterprise Florida, Inc.; amending s.
15	288.9015, F.S.; deleting obsolete provisions regarding the
16	Workforce Development Board of Enterprise Florida, Inc.;
17	amending s. 288.90151, F.S.; deleting obsolete provisions;
18	specifying moneys and contributions that may be considered
19	as private-sector support to Enterprise Florida, Inc.;
20	requiring that the annual report include a study;
21	clarifying the term "economic development organization";
22	requiring Enterprise Florida, Inc. to hire certain firms
23	to develop certain survey reporting; deleting a
24	requirement that the annual report be certified; amending
25	s. 288.903, F.S.; deleting the limitation on the salary of
26	an employee of Enterprise Florida, Inc.; amending s.
27	288.904, F.S.; revising the power of the board to make and
28	enter into contracts; providing that certain limitations
29	do not apply to contracts awarded by another entity;
30	amending s. 288.905, F.S.; deleting provisions prohibiting
31	certain state employees from receiving a pay raise or
32	bonus beyond a certain amount; amending s. 445.004, F.S.,
33	relating to Workforce Florida, Inc.; conforming provisions
34	to changes made by the act; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 288.041, Florida Statutes, is amended
39	to read:
40	288.041  Solar energy industry; legislative findings and
41	policy; promotional activities.--
42	(1)  It is hereby found and declared that:
43	(a)  The solar energy industry in this state has been a
44	leader in the nation in the manufacture, supply, and delivery of
45	solar energy systems.
46	(b)  The use of solar energy in this state has been
47	demonstrated to save conventional energy sources.
48	(c)  The solar energy industry offers the prospect for
49	improved economic welfare of this state through creation of
50	jobs, increased energy security, and enhancing the quality of
51	the environment of this state.
52	(d)  Through helping to provide for a clean environment and
53	healthy economy, the solar energy industry contributes to the
54	continued growth and development of the tourist industry of this
55	state.
56	(2)  It is the policy of this state to promote, stimulate,
57	develop, and advance the growth of the solar energy industry in
58	this state.
59	(3)  Enterprise Florida, Inc., and its boards shall assist
60	in the expansion of the solar energy industry in this state.
61	Such efforts shall be undertaken in cooperation with the
62	Department of Environmental Protection, the Florida Solar Energy
63	Center, and the Florida Solar Energy Industries Association, and
64	shall include:
65	(a)  Providing assistance and support to new and existing
66	photovoltaic companies, with special emphasis on attracting one
67	or more manufacturers of photovoltaic products to locate within
68	this state.
69	(b)  Sponsoring initiatives which aid and take full
70	advantage of the export market potential of solar technologies.
71	(c)  Informing the business sector of this state about
72	opportunities for cost-effective commercial applications of
73	solar technologies.
74	(d)  Encouraging employment of residents of this state by
75	solar energy companies.
76	(e)  Retaining existing solar energy companies and
77	supporting their expansion efforts in this state.
78	(f)  Supporting the promotion of solar energy by sponsoring
79	workshops, seminars, conferences, and educational programs on
80	the benefits of solar energy.
81	(g)  Recognizing outstanding developments and achievements
82	in, and contributions to, the solar energy industry.
83	(h)  Collecting and disseminating solar energy information
84	relevant to the promotion of solar energy applications.
85	(i)  Enlisting the support of persons, civic groups, the
86	solar energy industry, and other organizations to promote and
87	improve solar energy products and services.
88	(4)  The department shall also promote projects that
89	demonstrate viable applications of solar technology which may
90	include, but shall not be limited to: irrigation and stock
91	watering, process heat for dairy and citrus operations,
92	aquaculture, hydroponics, horticulture, waste detoxification,
93	and other means of meeting the energy needs of the agricultural
94	industry.
95	(3)(5)  By January 15 of each year, the Department of
96	Environmental Protection shall report to the Governor, the
97	President of the Senate, and the Speaker of the House of
98	Representatives on the impact of the solar energy industry on
99	the economy of this state and shall make any recommendations on
100	initiatives to further promote the solar energy industry as the
101	department deems appropriate.
102	Section 2.  Subsections (9) and (10) of section 288.047,
103	Florida Statutes, are amended to read:
104	288.047  Quick-response training for economic
105	development.--
106	(9)  Notwithstanding any other provision of law, eligible
107	matching contributions received under the Quick-Response
108	Training Program under this section may be counted toward the
109	private-sector support of Enterprise Florida, Inc., under s.
110	288.90151(5)(d).
111	(9)(10)  Workforce Florida, Inc., and Enterprise Florida,
112	Inc., shall ensure maximum coordination and cooperation in
113	administering this section, in such a manner that any division
114	of responsibility between the two organizations which relates to
115	marketing or administering the Quick-Response Training Program
116	is not apparent to a business that inquires about or applies for
117	funding under this section. The organizations shall provide such
118	a business with a single point of contact for information and
119	assistance.
120	Section 3.  Paragraph (c) of subsection (3) of section
121	288.095, Florida Statutes, is amended to read:
122	288.095  Economic Development Trust Fund.--
123	(3)
124	(c)  By December 31 of each year, Enterprise Florida, Inc.,
125	shall submit a complete and detailed report to the Governor, the
126	President of the Senate, the Speaker of the House of
127	Representatives, and the director of the Office of Tourism,
128	Trade, and Economic Development of all applications received,
129	recommendations made to the Office of Tourism, Trade, and
130	Economic Development, final decisions issued, tax refund
131	agreements executed, and tax refunds paid or other payments made
132	under all programs funded out of the Economic Development
133	Incentives Account, including analyses of benefits and costs,
134	types of projects supported, and employment and investment
135	created. Enterprise Florida, Inc., shall also include a separate
136	analysis of the impact of such tax refunds on state enterprise
137	zones designated pursuant to s. 290.0065, rural communities,
138	brownfield areas, and distressed urban communities. The report
139	must discuss whether the authority and moneys appropriated by
140	the Legislature to the Economic Development Incentives Account
141	were managed and expended in a prudent, fiducially sound manner.
142	The Office of Tourism, Trade, and Economic Development shall
143	assist Enterprise Florida, Inc., in the collection of data
144	related to business performance and incentive payments.
145	Section 4.  Section 288.8155, Florida Statutes, is
146	repealed.
147	Section 5.  Subsections (7), (8), and (11) of section
148	288.901, Florida Statutes, are amended to read:
149	288.901  Enterprise Florida, Inc.; creation; membership;
150	organization; meetings; disclosure.--
151	(7)  The Governor shall serve as chairperson of the board
152	of directors.  The board of directors shall biennially elect one
153	of its appointive members as vice chairperson. The president
154	shall keep a record of the proceedings of the board of directors
155	and is the custodian of all books, documents, and papers filed
156	with the board of directors, the minutes of the board of
157	directors, and the official seal of Enterprise Florida, Inc.
158	(8)  The board of directors shall meet at least four times
159	each year, upon the call of the chairperson, at the request of
160	the vice chairperson, or at the request of a majority of the
161	membership. A majority of the total number of current voting all
162	directors fixed by subsection (3) shall constitute a quorum. The
163	board of directors may take official action by a majority vote
164	of the members present at any meeting at which a quorum is
165	present.
166	(11)  Notwithstanding the provisions of subsection (3), the
167	board of directors may by resolution appoint at-large members to
168	the board from the private sector, each of whom may serve a 1-
169	year term of up to 3 years. At-large members shall have the
170	powers and duties of other members of the board, except that
171	they may not serve on an executive committee. An at-large member
172	is eligible for reappointment but may not vote on his or her own
173	reappointment. An at-large member shall be eligible to fill
174	vacancies occurring among private-sector appointees under
175	subsection (3).
176	Section 6.  Section 288.9015, Florida Statutes, is amended
177	to read:
178	288.9015  Enterprise Florida, Inc.; purpose; duties.--
179	(1)  Enterprise Florida, Inc., is the principal economic
180	development organization for the state. It shall be the
181	responsibility of Enterprise Florida, Inc., to provide
182	leadership for business development in Florida by aggressively
183	establishing a unified approach to Florida's efforts of
184	international trade and reverse investment; by aggressively
185	marketing the state as a probusiness location for potential new
186	investment; and by aggressively assisting in the retention and
187	expansion of existing businesses and the creation of new
188	businesses. In support of this effort, Enterprise Florida, Inc.,
189	may develop and implement specific programs or strategies that
190	address the creation, expansion, and retention of Florida
191	business; the development of import and export trade; and the
192	recruitment of worldwide business.
193	(2)  It shall be the responsibility of Enterprise Florida,
194	Inc., to aggressively market Florida's rural communities,
195	distressed urban communities, and enterprise zones as locations
196	for potential new investment, to aggressively assist in the
197	retention and expansion of existing businesses in these
198	communities, and to aggressively assist these communities in the
199	identification and development of new economic development
200	opportunities for job creation, fully marketing state incentive
201	programs such as the Qualified Target Industry Tax Refund
202	Program under s. 288.106 and the Quick Action Closing Fund under
203	s. 288.1088 in economically distressed areas.
204	(3)  It shall be the responsibility of Enterprise Florida,
205	Inc., through the Workforce Development Board, to develop a
206	comprehensive approach to workforce development that will result
207	in better employment opportunities for the residents of this
208	state. Such comprehensive approach must include:
209	(a)  Creating and maintaining a highly skilled workforce
210	that is capable of responding to rapidly changing technology and
211	diversified market opportunities.
212	(b)  Training, educating, and assisting target populations,
213	such as those who are economically disadvantaged or who
214	participate in the WAGES Program or otherwise receive public
215	assistance to become independent, self-reliant, and self-
216	sufficient. This approach must ensure the effective use of
217	federal, state, local, and private resources in reducing the
218	need for public assistance.
219	(3)(4)  It shall be the responsibility of Enterprise
220	Florida, Inc., to assess, on an ongoing basis, Florida's
221	economic development competitiveness as measured against other
222	business locations, to identify and regularly reevaluate
223	Florida's economic development strengths and weaknesses, and to
224	incorporate such information into the strategic planning process
225	under s. 288.904.
226	(4)(5)  Enterprise Florida, Inc., shall incorporate the
227	needs of small and minority businesses into the economic-
228	development, international-trade and reverse-investment, and
229	workforce-development responsibilities assigned to the
230	organization by this section. Where practicable and consistent
231	with the expertise of the Black Business Investment Board, Inc.,
232	Enterprise Florida, Inc., shall contract with the corporation
233	for the delivery of services in fulfillment of the
234	responsibilities of Enterprise Florida, Inc., relating to small
235	and minority businesses.
236	(5)(6)  Enterprise Florida, Inc., shall not endorse any
237	candidate for any elected public office, nor shall it contribute
238	moneys to the campaign of any such candidate.
239	(6)(7)  As part of its business development and marketing
240	responsibilities, Enterprise Florida, Inc., shall prepare a
241	business guide and checklist that contains basic information on
242	the federal, state, and local requirements for starting and
243	operating a business in this state. The guide and checklist must
244	describe how additional information can be obtained on any such
245	requirements and shall include, to the extent feasible, the
246	names, addresses, and telephone numbers of appropriate
247	government agency representatives. The guide and checklist must
248	also contain information useful to persons who may be starting a
249	business for the first time, including, but not limited to,
250	information on business structure, financing, and planning.
251	Section 7.  Section 288.90151, Florida Statutes, is amended
252	to read:
253	288.90151  Return on investment from activities of
254	Enterprise Florida, Inc.--
255	(1)  The public funds appropriated each year for the
256	operation of Enterprise Florida, Inc., are invested in this
257	public-private partnership to enhance international trade and
258	economic development, to spur job-creating investments, and to
259	create new employment opportunities for Floridians, and to
260	prepare Floridians for those jobs. This policy will be the
261	Legislature's priority consideration when reviewing the return-
262	on-investment for Enterprise Florida, Inc.
263	(2)  It is also the intent of the Legislature that
264	Enterprise Florida, Inc., coordinate its operations with local
265	economic-development organizations to maximize the state and
266	local return-on-investment to create jobs for Floridians.
267	(3)  It is further the intent of the Legislature to
268	maximize private-sector support in operating Enterprise Florida,
269	Inc., as an endorsement of its value and as an enhancement of
270	its efforts.
271	(4)(a)  The state's operating investment in Enterprise
272	Florida, Inc., is the budget contracted by the Office of
273	Tourism, Trade, and Economic Development to Enterprise Florida,
274	Inc., less funding that is directed by the Legislature to be
275	subcontracted to a specific recipient.
276	(b)  The board of directors of Enterprise Florida, Inc.,
277	shall adopt for each upcoming fiscal year an operating budget
278	for the organization that specifies the intended uses of the
279	state's operating investment and a plan for securing private-
280	sector support to Enterprise Florida, Inc. Each fiscal year
281	private-sector support to Enterprise Florida, Inc., shall equal
282	no less than 100 percent of the state's operating investment,
283	including at least $1 million in cash as defined in paragraph
284	(5)(a), and an additional $400,000 in cash as defined in
285	paragraphs (5)(a), (b), and (c).
286	(5)  Private-sector support in operating Enterprise
287	Florida, Inc., includes:
288	(a)  Cash given directly to Enterprise Florida, Inc., for
289	its operations, excluding contributions from grantees or
290	companies having contracts with Enterprise Florida, Inc., which
291	represent more than 5 percent of the value of all contracts with
292	Enterprise Florida, Inc., exclusive of grants, or more than 5
293	percent of the company's revenues. Cash in this category is not
294	subject to restrictions on the use of appropriated funds
295	operating budget;
296	(b)  Cash jointly raised by Enterprise Florida, Inc., and a
297	local economic development organization, a group of such
298	organizations, or a statewide business organization that
299	supports collaborative projects; and
300	(c)  Cash generated by fees charged for products or
301	services of Enterprise Florida, Inc., and by sponsorship of
302	events, missions, programs, and publications.; and
303	(d)  In-kind contributions directly to Enterprise Florida,
304	Inc., including: business expenditures; business services
305	provided; business support; or other business contributions that
306	augment the operations, program, activities, or assets of
307	Enterprise Florida, Inc., including, but not limited to:  an
308	individual's time and expertise; sponsored publications;
309	private-sector staff services; payment for advertising
310	placements; sponsorship of events; sponsored or joint research;
311	discounts on leases or purchases; mission or program
312	sponsorship; and copayments, stock, warrants, royalties, or
313	other private resources dedicated to Enterprise Florida, Inc.
314	(6)  Enterprise Florida, Inc., shall fully comply with the
315	performance measures, standards, and sanctions in its contracts
316	with the Office of Tourism, Trade, and Economic Development
317	under s. 14.2015(2)(h) and (7). The Office of Tourism, Trade,
318	and Economic Development shall ensure, to the maximum extent
319	possible, that the contract performance measures are consistent
320	with performance measures that the office is required to develop
321	and track under performance-based program budgeting.
322	(7)  As part of the annual report required under s.
323	288.906, Enterprise Florida, Inc., shall include a study provide
324	the Legislature with information quantifying the public's
325	return-on-investment as described in this section for fiscal
326	year 1997-1998 and each subsequent fiscal year. The annual
327	report shall also include the results of a customer-satisfaction
328	survey of businesses served, as well as the lead economic
329	development staff person of each organization that is a primary
330	partner local economic development organization that employs a
331	full-time or part-time staff person.
332	(8)  Enterprise Florida, Inc., in consultation with the
333	Office of Program Policy Analysis and Government Accountability,
334	shall hire an economic-analysis a private accounting firm to
335	develop the methodology for establishing and reporting return-
336	on-investment and a firm experienced in survey research in-kind
337	contributions as described in this section and to develop,
338	analyze, and report on the results of the customer-satisfaction
339	survey. The Office of Program Policy Analysis and Government
340	Accountability shall review and offer feedback on the
341	methodology before it is implemented. The private accounting
342	firm shall certify whether the applicable statements in the
343	annual report comply with this subsection.
344	Section 8.  Subsection (3) of section 288.903, Florida
345	Statutes, is amended to read:
346	288.903  Board of directors of Enterprise Florida, Inc.;
347	president; employees.--
348	(3)  The board of directors of Enterprise Florida, Inc.,
349	and its officers shall be responsible for the prudent use of all
350	public and private funds and shall ensure that the use of such
351	funds is in accordance with all applicable laws, bylaws, or
352	contractual requirements. No employee of Enterprise Florida,
353	Inc., may receive compensation for employment which exceeds the
354	salary paid to the Governor, unless the board of directors and
355	the employee have executed a contract that prescribes specific,
356	measurable performance outcomes for the employee, the
357	satisfaction of which provides the basis for the award of
358	incentive payments that increase the employee's total
359	compensation to a level above the salary paid to the Governor.
360	Section 9.  Paragraph (b) of subsection (1) of section
361	288.904, Florida Statutes, is amended to read:
362	288.904  Powers of the board of directors of Enterprise
363	Florida, Inc.--
364	(1)  The board of directors of Enterprise Florida, Inc.,
365	shall have the power to:
366	(b)1.  Make and enter into contracts and other instruments
367	necessary or convenient for the exercise of its powers and
368	functions, except that any contract made with an organization
369	represented on the board of directors which exceeds 5 percent of
370	the total annual amount of the contracts of Enterprise Florida,
371	Inc., exclusive of grants, or 5 percent of the represented
372	organization's annual revenue, must be approved by a two-thirds
373	vote of the entire board members in attendance at a meeting
374	where a quorum is present of directors, and the board member
375	representing such organization shall abstain from voting. No
376	more than 65 percent of the dollar value of all contracts or
377	other agreements entered into in any fiscal year, exclusive of
378	grant programs, shall be made with an organization represented
379	on the board of directors. This section does not apply to a
380	contract awarded by another entity to an organization
381	represented on the board of directors or to a contract in which
382	Enterprise Florida, Inc., is the recipient of funds from an
383	organization represented on the board of directors. An
384	organization represented on the board may not enter into a
385	contract to receive a state-funded economic development
386	incentive or similar grant, unless such incentive award is
387	specifically endorsed by a two-thirds vote of the entire board.
388	The board member representing such organization, if applicable,
389	shall abstain from voting and refrain from discussing the issue
390	with other members of the board. No more than 50 percent of the
391	dollar value of grants issued by the board in any fiscal year
392	may go to businesses associated with board members.
393	2.  A contract that Enterprise Florida, Inc., executes with
394	a person or organization under which such person or organization
395	agrees to perform economic development services or similar
396	business assistance services on behalf of Enterprise Florida,
397	Inc., or on behalf of the state must include provisions
398	requiring that such person or organization report on
399	performance, account for proper use of funds provided under the
400	contract, coordinate with other components of state and local
401	economic development systems, and avoid duplication of existing
402	state and local services and activities.
403	Section 10.  Subsection (6) of section 288.905, Florida
404	Statutes, is amended to read:
405	288.905  Duties of the board of directors of Enterprise
406	Florida, Inc.--
407	(6)  Any employee leased by Enterprise Florida, Inc., from
408	the state, or any employee who derives his or her salary from
409	funds appropriated by the Legislature, may not receive a pay
410	raise or bonus in excess of a pay raise or bonus that is
411	received by similarly situated state employees. However, this
412	subsection does not prohibit the payment of a pay raise or bonus
413	from funds received from sources other than the Florida
414	Legislature.
415	Section 11.  Paragraph (b) of subsection (5) of section
416	445.004, Florida Statutes, is amended to read:
417	445.004  Workforce Florida, Inc.; creation; purpose;
418	membership; duties and powers.--
419	(5)  Workforce Florida, Inc., shall have all the powers and
420	authority, not explicitly prohibited by statute, necessary or
421	convenient to carry out and effectuate the purposes as
422	determined by statute, Pub. L. No. 105-220, and the Governor, as
423	well as its functions, duties, and responsibilities, including,
424	but not limited to, the following:
425	(b)  Providing oversight and policy direction to ensure
426	that the following programs are administered by the Agency for
427	Workforce Innovation in compliance with approved plans and under
428	contract with Workforce Florida, Inc.:
429	1.  Programs authorized under Title I of the Workforce
430	Investment Act of 1998, Pub. L. No. 105-220, with the exception
431	of programs funded directly by the United States Department of
432	Labor under Title I, s. 167.
433	2.  Programs authorized under the Wagner-Peyser Act of
434	1933, as amended, 29 U.S.C. ss. 49 et seq.
435	3.  Welfare-to-work grants administered by the United
436	States Department of Labor under Title IV, s. 403, of the Social
437	Security Act, as amended.
438	4.  Activities authorized under Title II of the Trade Act
439	of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the Trade
440	Adjustment Assistance Program.
441	5.  Activities authorized under 38 U.S.C., chapter 41,
442	including job counseling, training, and placement for veterans.
443	6.  Employment and training activities carried out under
444	the Community Services Block Grant Act, 42 U.S.C. ss. 9901 et
445	seq.
446	7.  Employment and training activities carried out under
447	funds awarded to this state by the United States Department of
448	Housing and Urban Development.
449	8.  Welfare transition services funded by the Temporary
450	Assistance for Needy Families Program, created under the
451	Personal Responsibility and Work Opportunity Reconciliation Act
452	of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
453	of the Social Security Act, as amended.
454	9.  Displaced homemaker programs, provided under s. 446.50.
455	10.  The Florida Bonding Program, provided under Pub. L.
456	No. 97-300, s. 164(a)(1).
457	11.  The Food Stamp Employment and Training Program,
458	provided under the Food Stamp Act of 1977, U.S.C. ss. 2011-2032;
459	the Food Security Act of 1988, Pub. L. No. 99-198; and the
460	Hunger Prevention Act, Pub. L. No. 100-435.
461	12.  The Quick-Response Training Program, provided under
462	ss. 288.046-288.047. Matching funds and in-kind contributions
463	that are provided by clients of the Quick-Response Training
464	Program shall count toward the requirements of s.
465	288.90151(5)(d), pertaining to the return on investment from
466	activities of Enterprise Florida, Inc.
467	13.  The Work Opportunity Tax Credit, provided under the
468	Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
469	and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
470	14.  Offender placement services, provided under ss.
471	944.707-944.708.
472	15.  Programs authorized under the National and Community
473	Service Act of 1990, 42 U.S.C. ss. 12501 et seq., and the
474	Service-America programs, the National Service Trust programs,
475	the Civilian Community Corps, the Corporation for National and
476	Community Service, the American Conservation and Youth Service
477	Corps, and the Points of Light Foundation programs, if such
478	programs are awarded to the state.
479	Section 12.  This act shall take effect upon becoming a
480	law.

CODING: Words stricken are deletions; words underlined are additions.