HB 0931

CS

CHAMBER ACTION

1	The Economic Development, Trade & Banking Committee recommends
2	the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to Enterprise Florida, Inc.; amending s.
8	288.041, F.S.; deleting the requirement that Enterprise
9	Florida, Inc., assist in the expansion of the solar energy
10	industry in this state; deleting a requirement that the
11	Department of Environmental Protection promote certain
12	solar technology projects; amending s. 288.095, F.S.;
13	deleting obsolete provisions; repealing s. 288.8155, F.S.,
14	relating to the International Trade Data Resource and
15	Research Center; amending s. 288.901, F.S.; revising the
16	membership, organization, and meetings of the board of
17	directors of Enterprise Florida, Inc.; amending s.
18	288.9015, F.S.; deleting obsolete provisions regarding the
19	Workforce Development Board of Enterprise Florida, Inc.;
20	amending s. 288.90151, F.S.; deleting obsolete provisions;
21	specifying moneys and contributions that may be considered
22	as private-sector support to Enterprise Florida, Inc.;
23	clarifying the term "economic development organization";
24	requiring Enterprise Florida, Inc. to hire certain firms
25	to develop certain survey reporting; deleting a
26	requirement that the annual report be certified; amending
27	s. 288.904, F.S.; revising the power of the board to make
28	and enter into contracts; providing that certain
29	limitations do not apply to contracts awarded by another
30	entity; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Section 288.041, Florida Statutes, is amended
35	to read:
36	288.041  Solar energy industry; legislative findings and
37	policy; promotional activities.--
38	(1)  It is hereby found and declared that:
39	(a)  The solar energy industry in this state has been a
40	leader in the nation in the manufacture, supply, and delivery of
41	solar energy systems.
42	(b)  The use of solar energy in this state has been
43	demonstrated to save conventional energy sources.
44	(c)  The solar energy industry offers the prospect for
45	improved economic welfare of this state through creation of
46	jobs, increased energy security, and enhancing the quality of
47	the environment of this state.
48	(d)  Through helping to provide for a clean environment and
49	healthy economy, the solar energy industry contributes to the
50	continued growth and development of the tourist industry of this
51	state.
52	(2)  It is the policy of this state to promote, stimulate,
53	develop, and advance the growth of the solar energy industry in
54	this state.
55	(3)  Enterprise Florida, Inc., and its boards shall assist
56	in the expansion of the solar energy industry in this state.
57	Such efforts shall be undertaken in cooperation with the
58	Department of Environmental Protection, the Florida Solar Energy
59	Center, and the Florida Solar Energy Industries Association, and
60	shall include:
61	(a)  Providing assistance and support to new and existing
62	photovoltaic companies, with special emphasis on attracting one
63	or more manufacturers of photovoltaic products to locate within
64	this state.
65	(b)  Sponsoring initiatives which aid and take full
66	advantage of the export market potential of solar technologies.
67	(c)  Informing the business sector of this state about
68	opportunities for cost-effective commercial applications of
69	solar technologies.
70	(d)  Encouraging employment of residents of this state by
71	solar energy companies.
72	(e)  Retaining existing solar energy companies and
73	supporting their expansion efforts in this state.
74	(f)  Supporting the promotion of solar energy by sponsoring
75	workshops, seminars, conferences, and educational programs on
76	the benefits of solar energy.
77	(g)  Recognizing outstanding developments and achievements
78	in, and contributions to, the solar energy industry.
79	(h)  Collecting and disseminating solar energy information
80	relevant to the promotion of solar energy applications.
81	(i)  Enlisting the support of persons, civic groups, the
82	solar energy industry, and other organizations to promote and
83	improve solar energy products and services.
84	(4)  The department shall also promote projects that
85	demonstrate viable applications of solar technology which may
86	include, but shall not be limited to: irrigation and stock
87	watering, process heat for dairy and citrus operations,
88	aquaculture, hydroponics, horticulture, waste detoxification,
89	and other means of meeting the energy needs of the agricultural
90	industry.
91	(3)(5)  By January 15 of each year, the Department of
92	Environmental Protection shall report to the Governor, the
93	President of the Senate, and the Speaker of the House of
94	Representatives on the impact of the solar energy industry on
95	the economy of this state and shall make any recommendations on
96	initiatives to further promote the solar energy industry as the
97	department deems appropriate.
98	Section 2.  Paragraph (c) of subsection (3) of section
99	288.095, Florida Statutes, is amended to read:
100	288.095  Economic Development Trust Fund.--
101	(3)
102	(c)  By December 31 of each year, Enterprise Florida, Inc.,
103	shall submit a complete and detailed report to the Governor, the
104	President of the Senate, the Speaker of the House of
105	Representatives, and the director of the Office of Tourism,
106	Trade, and Economic Development of all applications received,
107	recommendations made to the Office of Tourism, Trade, and
108	Economic Development, final decisions issued, tax refund
109	agreements executed, and tax refunds paid or other payments made
110	under all programs funded out of the Economic Development
111	Incentives Account, including analyses of benefits and costs,
112	types of projects supported, and employment and investment
113	created. Enterprise Florida, Inc., shall also include a separate
114	analysis of the impact of such tax refunds on state enterprise
115	zones designated pursuant to s. 290.0065, rural communities,
116	brownfield areas, and distressed urban communities. The report
117	must discuss whether the authority and moneys appropriated by
118	the Legislature to the Economic Development Incentives Account
119	were managed and expended in a prudent, fiducially sound manner.
120	The Office of Tourism, Trade, and Economic Development shall
121	assist Enterprise Florida, Inc., in the collection of data
122	related to business performance and incentive payments.
123	Section 3.  Section 288.8155, Florida Statutes, is
124	repealed.
125	Section 4.  Subsections (7), (8), and (11) of section
126	288.901, Florida Statutes, are amended to read:
127	288.901  Enterprise Florida, Inc.; creation; membership;
128	organization; meetings; disclosure.--
129	(7)  The Governor shall serve as chairperson of the board
130	of directors. The board of directors shall biennially elect one
131	of its appointive members as vice chairperson. The president
132	shall keep a record of the proceedings of the board of directors
133	and is the custodian of all books, documents, and papers filed
134	with the board of directors, the minutes of the board of
135	directors, and the official seal of Enterprise Florida, Inc.
136	(8)  The board of directors shall meet at least four times
137	each year, upon the call of the chairperson, at the request of
138	the vice chairperson, or at the request of a majority of the
139	membership. A majority of the total number of current voting all
140	directors fixed by subsection (3) shall constitute a quorum. The
141	board of directors may take official action by a majority vote
142	of the members present at any meeting at which a quorum is
143	present.
144	(11)  Notwithstanding the provisions of subsection (3), the
145	board of directors may by resolution appoint at-large members to
146	the board from the private sector, each of whom may serve a 1-
147	year term of up to 3 years. At-large members shall have the
148	powers and duties of other members of the board, except that
149	they may not serve on an executive committee. An at-large member
150	is eligible for reappointment but may not vote on his or her own
151	reappointment. An at-large member shall be eligible to fill
152	vacancies occurring among private-sector appointees under
153	subsection (3).
154	Section 5.  Section 288.9015, Florida Statutes, is amended
155	to read:
156	288.9015  Enterprise Florida, Inc.; purpose; duties.--
157	(1)  Enterprise Florida, Inc., is the principal economic
158	development organization for the state. It shall be the
159	responsibility of Enterprise Florida, Inc., to provide
160	leadership for business development in Florida by aggressively
161	establishing a unified approach to Florida's efforts of
162	international trade and reverse investment; by aggressively
163	marketing the state as a probusiness location for potential new
164	investment; and by aggressively assisting in the retention and
165	expansion of existing businesses and the creation of new
166	businesses. In support of this effort, Enterprise Florida, Inc.,
167	may develop and implement specific programs or strategies that
168	address the creation, expansion, and retention of Florida
169	business; the development of import and export trade; and the
170	recruitment of worldwide business.
171	(2)  It shall be the responsibility of Enterprise Florida,
172	Inc., to aggressively market Florida's rural communities,
173	distressed urban communities, and enterprise zones as locations
174	for potential new investment, to aggressively assist in the
175	retention and expansion of existing businesses in these
176	communities, and to aggressively assist these communities in the
177	identification and development of new economic development
178	opportunities for job creation, fully marketing state incentive
179	programs such as the Qualified Target Industry Tax Refund
180	Program under s. 288.106 and the Quick Action Closing Fund under
181	s. 288.1088 in economically distressed areas.
182	(3)  It shall be the responsibility of Enterprise Florida,
183	Inc., through the Workforce Development Board, to develop a
184	comprehensive approach to workforce development that will result
185	in better employment opportunities for the residents of this
186	state. Such comprehensive approach must include:
187	(a)  Creating and maintaining a highly skilled workforce
188	that is capable of responding to rapidly changing technology and
189	diversified market opportunities.
190	(b)  Training, educating, and assisting target populations,
191	such as those who are economically disadvantaged or who
192	participate in the WAGES Program or otherwise receive public
193	assistance to become independent, self-reliant, and self-
194	sufficient. This approach must ensure the effective use of
195	federal, state, local, and private resources in reducing the
196	need for public assistance.
197	(3)(4)  It shall be the responsibility of Enterprise
198	Florida, Inc., to assess, on an ongoing basis, Florida's
199	economic development competitiveness as measured against other
200	business locations, to identify and regularly reevaluate
201	Florida's economic development strengths and weaknesses, and to
202	incorporate such information into the strategic planning process
203	under s. 288.904.
204	(4)(5)  Enterprise Florida, Inc., shall incorporate the
205	needs of small and minority businesses into the economic-
206	development, international-trade and reverse-investment, and
207	workforce-development responsibilities assigned to the
208	organization by this section. Where practicable and consistent
209	with the expertise of the Black Business Investment Board, Inc.,
210	Enterprise Florida, Inc., shall contract with the corporation
211	for the delivery of services in fulfillment of the
212	responsibilities of Enterprise Florida, Inc., relating to small
213	and minority businesses.
214	(5)(6)  Enterprise Florida, Inc., shall not endorse any
215	candidate for any elected public office, nor shall it contribute
216	moneys to the campaign of any such candidate.
217	(6)(7)  As part of its business development and marketing
218	responsibilities, Enterprise Florida, Inc., shall prepare a
219	business guide and checklist that contains basic information on
220	the federal, state, and local requirements for starting and
221	operating a business in this state. The guide and checklist must
222	describe how additional information can be obtained on any such
223	requirements and shall include, to the extent feasible, the
224	names, addresses, and telephone numbers of appropriate
225	government agency representatives. The guide and checklist must
226	also contain information useful to persons who may be starting a
227	business for the first time, including, but not limited to,
228	information on business structure, financing, and planning.
229	Section 6.  Subsections (1), (5), (7), and (8) of section
230	288.90151, Florida Statutes, are amended to read:
231	288.90151  Return on investment from activities of
232	Enterprise Florida, Inc.--
233	(1)  The public funds appropriated each year for the
234	operation of Enterprise Florida, Inc., are invested in this
235	public-private partnership to enhance international trade and
236	economic development, to spur job-creating investments, and to
237	create new employment opportunities for Floridians, and to
238	prepare Floridians for those jobs. This policy will be the
239	Legislature's priority consideration when reviewing the return-
240	on-investment for Enterprise Florida, Inc.
241	(5)  Private-sector support in operating Enterprise
242	Florida, Inc., includes:
243	(a)  Cash given directly to Enterprise Florida, Inc., for
244	its operations, excluding contributions from grantees or
245	companies having contracts with Enterprise Florida, Inc., which
246	represent more than 5 percent of the value of all contracts with
247	Enterprise Florida, Inc., exclusive of grants, or more than 5
248	percent of the company's revenues. Cash in this category is not
249	subject to restrictions on the use of appropriated funds.
250	operating budget;
251	(b)  Cash jointly raised by Enterprise Florida, Inc., and a
252	local economic development organization, a group of such
253	organizations, or a statewide business organization that
254	supports collaborative projects.;
255	(c)  Cash generated by fees charged for products or
256	services of Enterprise Florida, Inc., and by sponsorship of
257	events, missions, programs, and publications.; and
258	(d)  In-kind contributions directly to Enterprise Florida,
259	Inc., including: business expenditures; business services
260	provided; business support; or other business contributions that
261	augment the operations, program, activities, or assets of
262	Enterprise Florida, Inc., including, but not limited to: an
263	individual's time and expertise; sponsored publications;
264	private-sector staff services; payment for advertising
265	placements; sponsorship of events; sponsored or joint research;
266	discounts on leases or purchases; mission or program
267	sponsorship; and copayments, stock, warrants, royalties, or
268	other private resources dedicated to Enterprise Florida, Inc.
269	(7)  As part of the annual report required under s.
270	288.906, Enterprise Florida, Inc., shall provide the Legislature
271	with information quantifying the public's return-on-investment
272	as described in this section for fiscal year 1997-1998 and each
273	subsequent fiscal year. The annual report shall also include the
274	results of a customer-satisfaction survey of businesses served,
275	as well as the lead economic development staff person of each
276	organization that is a primary partner local economic
277	development organization that employs a full-time or part-time
278	staff person.
279	(8)  Enterprise Florida, Inc., in consultation with the
280	Office of Program Policy Analysis and Government Accountability,
281	shall hire an economic-analysis a private accounting firm to
282	develop the methodology for establishing and reporting return-
283	on-investment and a firm experienced in survey research in-kind
284	contributions as described in this section and to develop,
285	analyze, and report on the results of the customer-satisfaction
286	survey. The Office of Program Policy Analysis and Government
287	Accountability shall review and offer feedback on the
288	methodology before it is implemented. The private accounting
289	firm shall certify whether the applicable statements in the
290	annual report comply with this subsection.
291	Section 7.  Paragraph (b) of subsection (1) of section
292	288.904, Florida Statutes, is amended to read:
293	288.904  Powers of the board of directors of Enterprise
294	Florida, Inc.--
295	(1)  The board of directors of Enterprise Florida, Inc.,
296	shall have the power to:
297	(b)1.  Make and enter into contracts and other instruments
298	necessary or convenient for the exercise of its powers and
299	functions, except that any contract made with an organization
300	represented on the board of directors which exceeds $100,000
301	must be approved by a two-thirds vote of the entire board
302	members in attendance at a meeting where a quorum is present of
303	directors, and the board member representing such organization
304	shall abstain from voting. No more than 65 percent of the dollar
305	value of all contracts or other agreements entered into in any
306	fiscal year, exclusive of grant programs, shall be made with an
307	organization represented on the board of directors. This section
308	does not apply to a contract awarded by another entity to an
309	organization represented on the board of directors or to a
310	contract in which Enterprise Florida, Inc., is the recipient of
311	funds from an organization represented on the board of
312	directors. An organization represented on the board may not
313	enter into a contract to receive a state-funded economic
314	development incentive or similar grant, unless such incentive
315	award is specifically endorsed by a two-thirds vote of the
316	entire board. The board member representing such organization,
317	if applicable, shall abstain from voting and refrain from
318	discussing the issue with other members of the board. No more
319	than 50 percent of the dollar value of grants issued by the
320	board in any fiscal year may go to businesses associated with
321	board members.
322	2.  A contract that Enterprise Florida, Inc., executes with
323	a person or organization under which such person or organization
324	agrees to perform economic development services or similar
325	business assistance services on behalf of Enterprise Florida,
326	Inc., or on behalf of the state must include provisions
327	requiring that such person or organization report on
328	performance, account for proper use of funds provided under the
329	contract, coordinate with other components of state and local
330	economic development systems, and avoid duplication of existing
331	state and local services and activities.
332	Section 8.  This act shall take effect upon becoming a law.

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