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1998 Florida Statutes
COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS
COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS
GENERAL PROVISIONS (ss. 288.012-288.124)
DIVISION OF BOND FINANCE (ss. 288.13-288.33)
FOREIGN TRADE ZONES (ss. 288.35-288.38)
SMALL AND MINORITY BUSINESS (ss. 288.7011-288.714)
EXPORT FINANCE (ss. 288.770-288.778)
INTERNATIONAL AFFAIRS (ss. 288.809-288.855)
ENTERPRISE FLORIDA, INC. (ss. 288.901-288.942)
ENTERPRISE FLORIDA INNOVATION PARTNERSHIP
(ss. 288.9510-288.9520)
FLORIDA DEVELOPMENT FINANCE CORPORATION
(ss. 288.9602-288.9620)
DEFENSE CONVERSION AND
TRANSITION (ss. 288.971-288.99)
GENERAL PROVISIONS
288.012 State of Florida foreign offices.
288.017 Cooperative advertising matching grants program.
288.018 Regional Rural Development Grants Program.
288.021 Economic development liaison.
288.0251 International development outreach activities in Latin America and Caribbean Basin.
288.035 Economic development activities.
288.037 Department of State; agreement with county tax collector.
288.038 Department of Labor and Employment Security; agreement with county tax collector.
288.039 Employing and Training our Youths (ENTRY).
288.041 Solar energy industry; legislative findings and policy; promotional activities.
288.0415 Solar energy; advancement; economic development strategy.
288.046 Quick-response training; legislative intent.
288.047 Quick-response training for economic development.
288.051 Short title.
288.052 Legislative findings.
288.053 Florida Film and Television Investment Board; creation; purpose; membership.
288.054 Administration; powers.
288.055 Florida Film and Television Investment Trust Fund.
288.056 Conditions for film and television investment.
288.057 Annual report.
288.063 Contracts for transportation projects.
288.065 Rural Community Development Revolving Loan Fund.
288.075 Confidentiality of records.
288.095 Economic Development Trust Fund.
288.1045 Qualified defense contractor tax refund program.
288.106 Tax refund program for qualified target industry businesses.
288.1066 Confidentiality of records.
288.107 Brownfield redevelopment bonus refunds.
288.108 High-impact business.
288.1162 Professional sports franchises; spring training franchises; duties.
288.1166 Professional sports facility; designation as shelter site for the homeless; establishment of local programs.
288.1167 Sports franchise contract provisions for food and beverage concession and contract awards to minority business enterprises.
288.1168 Professional golf hall of fame facility; duties.
288.1169 International Game Fish Association World Center facility; 1department duties.
288.1185 Recycling Markets Advisory Committee.
288.122 Tourism Promotional Trust Fund.
288.1221 Legislative intent.
288.1222 Definitions.
288.1223 Florida Commission on Tourism; creation; purpose; membership.
288.1224 Powers and duties.
288.1226 Florida Tourism Industry Marketing Corporation; use of property; board of directors; duties; audit.
288.1227 Annual report of the Florida Commission on Tourism; audits.
288.1228 Promotion and development of entertainment industries; direct-support organization; powers and duties.
288.12285 Promotion and development of entertainment industries; direct-support organization; confidentiality of donor identities.
288.1229 Promotion and development of sports-related industries; direct-support organization; powers and duties.
288.12295 Promotion and development of sports-related industries; direct-support organization; confidentiality of donor identities.
288.124 Convention grants program.
1288.012 State of Florida foreign offices.--The Legislature finds that the expansion of international trade and tourism is vital to the overall health and growth of the economy of this state. This expansion is hampered by the lack of technical and business assistance, financial assistance, and information services for businesses in this state. The Legislature finds that these businesses could be assisted by providing these services at State of Florida foreign offices. The Legislature further finds that the accessibility and provision of services at these offices can be enhanced through cooperative agreements or strategic alliances between state entities, local entities, foreign entities, and private businesses.
(1) The Office of Tourism, Trade, and Economic Development is authorized to:
(a) Establish and operate offices in foreign countries for the purpose of promoting the trade and economic development of the state, and promoting the gathering of trade data information and research on trade opportunities in specific countries.
(b) Enter into agreements with governmental and private sector entities to establish and operate offices in foreign countries containing provisions which may be in conflict with general laws of the state pertaining to the purchase of office space, employment of personnel, and contracts for services. When agreements pursuant to this section are made which set compensation in foreign currency, such agreements shall be subject to the requirements of s. 215.425, but the purchase of foreign currency by the Office of Tourism, Trade, and Economic Development to meet such obligations shall be subject only to s. 216.311.
(c) By September 1, 1997, the Office of Tourism, Trade, and Economic Development shall develop a plan for the disposition of the current foreign offices and the development and location of additional foreign offices. The plan shall include, but is not limited to, a determination of the level of funding needed to operate the current offices and any additional offices and whether any of the current offices need to be closed or relocated. Enterprise Florida, Inc., the Florida Tourism Commission, the Florida Ports Council, the Department of State, the Department of Citrus, and the Department of Agriculture shall assist the Office of Tourism, Trade, and Economic Development in the preparation of the plan. All parties shall cooperate on the disposition or establishment of the offices and ensure that needed space, technical assistance, and support services are provided to such entities at such foreign offices.
(2) By June 30, 1998, each foreign office shall have in place an operational plan approved by the participating boards or other governing authority, a copy of which shall be provided to the Office of Tourism, Trade, and Economic Development. These operating plans shall be reviewed and updated each fiscal year and shall include, at a minimum, the following:
(a) Specific policies and procedures encompassing the entire scope of the operation and management of each office.
(b) A comprehensive, commercial strategic plan identifying marketing opportunities and industry sector priorities for the foreign country or area in which a foreign office is located.
(c) Provisions for access to information for Florida businesses through the Florida Trade Data Center. Each foreign office shall obtain and forward trade leads and inquiries to the center on a regular basis as called for in the plan pursuant to paragraph (1)(c).
(d) Identification of new and emerging market opportunities for Florida businesses. Each foreign office shall provide the Florida Trade Data Center with a compilation of foreign buyers and importers in industry sector priority areas on an annual basis. In return, the Florida Trade Data Center shall make available to each foreign office, and to the entities identified in paragraph (1)(c), trade industry, commodity, and opportunity information as specified in the plan required in that paragraph. This information shall be provided to the offices and the entities identified in paragraph (1)(c) either free of charge or on a fee basis with fees set only to recover the costs of providing the information.
(e) Provision of access for Florida businesses to the services of the Florida Trade Data Center, international trade assistance services provided by state and local entities, seaport and airport information, and other services identified in the plan pursuant to paragraph (1)(c).
(f) Qualitative and quantitative performance measures for each office including, but not limited to, the number of businesses assisted, the number of trade leads and inquiries generated, the number of foreign buyers and importers contacted, and the amount and type of marketing conducted.
(3) The Office of Tourism, Trade, and Economic Development, in connection with the establishment, operation, and management of any of its offices located in a foreign country, is exempt from the provisions of ss. 255.21, 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 and 283.35 relating to bids for printing; ss. 287.001-287.20 relating to purchasing and motor vehicles; and ss. 282.003-282.111 relating to communications, and from all statutory provisions relating to state employment.
(a) The Office of Tourism, Trade, and Economic Development may exercise such exemptions only upon prior approval of the Governor.
(b) If approval for an exemption under this section is granted as an integral part of a plan of operation for a specified foreign office, such action shall constitute continuing authority for the Office of Tourism, Trade, and Economic Development to exercise the exemption, but only in the context and upon the terms originally granted. Any modification of the approved plan of operation with respect to an exemption contained therein must be resubmitted to the Governor for his or her approval. An approval granted to exercise an exemption in any other context shall be restricted to the specific instance for which the exemption is to be exercised.
(c) As used in this subsection, the term "plan of operation" means the plan developed pursuant to subsection (2).
(d) Upon final action by the Governor with respect to a request to exercise the exemption authorized in this subsection, the Office of Tourism, Trade, and Economic Development shall report such action, along with the original request and any modifications thereto, to the President of the Senate and the Speaker of the House of Representatives within 30 days.
(4) Where feasible and appropriate, and subject to s. 288.1224(10), foreign offices established and operated under this section may provide one-stop access to the economic development, trade, and tourism information, services, and programs of the state. Where feasible and appropriate, and subject to s. 288.1224(10), such offices may also be collocated with other foreign offices of the state.
(5) The Office of Tourism, Trade, and Economic Development is authorized to make and to enter into contracts with Enterprise Florida, Inc., and the Florida Commission on Tourism to carry out the provisions of this section. The authority, duties, and exemptions provided in this section apply to Enterprise Florida, Inc., and the Florida Commission on Tourism to the same degree and subject to the same conditions as applied to the Office of Tourism, Trade, and Economic Development. To the greatest extent possible, such contracts shall include provisions for cooperative agreements or strategic alliances between state entities, foreign entities, local entities, and private businesses to operate foreign offices.
History.--s. 1, ch. 80-401; s. 1, ch. 82-115; ss. 3, 6, ch. 83-252; ss. 9, 10, ch. 88-201; ss. 1, 2, 3, ch. 89-150; s. 112, ch. 90-201; ss. 40, 44, ch. 90-335; s. 53, ch. 91-5; s. 9, ch. 92-277; s. 219, ch. 95-148; s. 30, ch. 96-320; s. 14, ch. 97-278.
1Note.--
A. Repealed effective October 1, 1999, by s. 3, ch. 89-150, and scheduled for review by the Legislature.
B. Repealed by s. 112, ch. 90-201, as reenacted and amended by s. 53, ch. 91-5, effective "only after the implementation of section 106 [codified as s. 288.822] or section 111 [codified as s. 288.825] of this act." Sections 288.822 and 288.825 were implemented by the Department of Commerce. Sections 288.822 and 288.825 were repealed by s. 154, ch. 96-320. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.017 Cooperative advertising matching grants program.--
(1) The Florida Commission on Tourism is authorized to establish a cooperative advertising matching grants program and, pursuant thereto, to make expenditures and enter into contracts with local governments and nonprofit corporations for the purpose of publicizing the tourism advantages of the state. The Office of Tourism, Trade, and Economic Development, based on recommendations from the Florida Commission on Tourism, shall have final approval of grants awarded through this program. The commission may contract with its direct-support organization to administer the program.
(2) The total annual allocation of funds for this grant program may not exceed $40,000. Each grant awarded under the program shall be limited to no more than $2,500 and shall be matched by nonstate dollars. All grants shall be restricted to local governments and nonprofit corporations serving and located in municipalities having a population of 50,000 persons or less or in counties with an unincorporated area having a population of 200,000 persons or less.
(3) The Florida Commission on Tourism shall conduct an annual competitive selection process for the award of grants under the program. In determining its recommendations for the grant awards, the commission shall consider the demonstrated need of the applicant for advertising assistance, the feasibility and projected benefit of the applicant's proposal, the amount of nonstate funds that will be leveraged, and such other criteria as the commission deems appropriate. In evaluating grant applications, the office shall consider recommendations from the Florida Commission on Tourism. The office, however, has final approval authority for any grant under this section.
History.--s. 1, ch. 91-218; s. 31, ch. 96-320.
288.018 Regional Rural Development Grants Program.--
(1) The Office of Tourism, Trade, and Economic Development shall establish a matching grant program to provide funding to regionally based economic development organizations representing rural counties and communities for the purpose of building the professional capacity of their organizations. The Office of Tourism, Trade, and Economic Development is authorized to approve grants to such regionally based economic development organizations. The maximum amount an organization may receive in any year will be $20,000 and must be matched each year by an equivalent amount of nonstate resources.
(2) In approving the participants, the Office of Tourism, Trade, and Economic Development shall consider the demonstrated need of the applicant for assistance and require the following:
(a) Documentation of official commitments of support from each of the units of local government represented by the regional organization.
(b) Demonstration that each unit of local government has made a financial or in-kind commitment to the regional organization.
(c) Demonstration that the private sector has made financial or in-kind commitments to the regional organization.
(d) Demonstration that the organization is in existence and actively involved in economic development activities serving the region.
(e) Demonstration of the manner in which the organization is or will coordinate its efforts with those of other local and state organizations.
(3) The Office of Tourism, Trade, and Economic Development may expend up to $100,000 each fiscal year from funds appropriated to the Rural Community Development Revolving Loan Fund for the purposes outlined in this section.
History.--s. 32, ch. 96-320.
288.021 Economic development liaison.--
(1) The heads of the Department of Transportation, the Department of Environmental Protection and an additional member appointed by the secretary of the department, the Department of Labor and Employment Security, the Department of Education, the Department of Community Affairs, the Department of Management Services, and the Game and Fresh Water Fish Commission shall designate a high-level staff member from within such agency to serve as the economic development liaison for the agency. This person shall report to the agency head and have general knowledge both of the state's permitting and other regulatory functions and of the state's economic goals, policies, and programs. This person shall also be the primary point of contact for the agency with the Office of Tourism, Trade, and Economic Development on issues and projects important to the economic development of Florida, including its rural areas, to expedite project review, to ensure a prompt, effective response to problems arising with regard to permitting and regulatory functions, and to work closely with the other economic development liaisons to resolve interagency conflicts.
(2) Within 30 days of April 17, 1992, and whenever it is necessary to change the designee, the head of each agency shall notify the Governor in writing of the person designated as the economic development liaison for such agency.
History.--s. 14, ch. 92-277; s. 115, ch. 94-356; s. 33, ch. 96-320.
288.0251 International development outreach activities in Latin America and Caribbean Basin.--The Office of Tourism, Trade, and Economic Development may contract for the implementation of Florida's international volunteer corps to provide short-term training and technical assistance activities in Latin America and the Caribbean Basin. The entity contracted under this section must require that such activities be conducted by qualified volunteers who are citizens of the state. The contracting agency must have a statewide focus and experience in coordinating international volunteer programs.
History.--s. 9, ch. 86-139; s. 82, ch. 90-201; s. 25, ch. 91-5; s. 26, ch. 91-201; s. 5, ch. 91-429; ss. 15, 65, ch. 93-187; s. 34, ch. 96-320.
Note.--Former s. 229.6056.
288.035 Economic development activities.--
(1) The Florida Public Service Commission may authorize public utilities to recover reasonable economic development expenses. For purposes of this section, recoverable "economic development expenses" are those expenses described in subsection (2) which are consistent with criteria to be established by rules adopted by the 1Department of Commerce as of June 30, 1996, or as those criteria are later modified by the Office of Tourism, Trade, and Economic Development.
(2) Such rules shall provide that authorized economic development expenses shall be limited to the following:
(a) Expenditures for operational assistance, including the participation in trade shows and prospecting missions with state and local entities.
(b) Expenditures for assisting the state and local governments in the design of strategic plans for economic development activities.
(c) Expenditures for marketing and research services, including assisting local governments in marketing specific sites for business and industry development or recruitment, and assisting local governments in responding to inquiries from business and industry concerning the development of specific sites.
(3) The Florida Public Service Commission shall adopt rules for the recovery of economic development expenses by public utilities, including the sharing of expenses by shareholders.
History.--s. 1, ch. 94-136; s. 35, ch. 96-320.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.037 Department of State; agreement with county tax collector.--In order to further the economic development goals of the state, and notwithstanding any law to the contrary, the Department of State may enter into an agreement with the county tax collector for the purpose of appointing the county tax collector as the department's agent to accept applications for licenses or other similar registrations and applications for renewals of licenses or other similar registrations. The agreement must specify the time within which the tax collector must forward any applications and accompanying application fees to the department.
History.--s. 55, ch. 97-278.
288.038 Department of Labor and Employment Security; agreement with county tax collector.--In order to further the economic development goals of the state, and notwithstanding any law to the contrary, the Department of Labor and Employment Security may enter into an agreement with the county tax collector for the purpose of appointing the county tax collector as the department's agent to accept applications for licenses or other similar registrations and applications for renewals of licenses or other similar registrations. The agreement must specify the time within which the tax collector must forward any applications and accompanying application fees to the department.
History.--s. 56, ch. 97-278.
1288.039 Employing and Training our Youths (ENTRY).--
(1) DEFINITIONS.--As used in this section:
(a) "Director" means the executive director of the Office of Tourism, Trade, and Economic Development.
(b) "Eligible business" means any sole proprietorship, firm, partnership, corporation, bank, savings association, estate, trust, business trust, receiver, syndicate, or other group or combination, or successor business.
(c) "Eligible youth employee" means a student between the ages of 15 and 18 currently enrolled at a Florida public school, who has not been previously employed within the preceding 12 months by the eligible business, or a successor eligible business, claiming the credit allowed in this section. The youth employee shall be deemed to be employed if the youth performs duties in connection with the operations of the business on a regular basis, provided the youth is performing such duties on an average of at least 12 hours per week each month throughout the year and is being paid for such duties at a rate no less than the minimum wage established pursuant to federal law.
(d) "Fiscal year" means the fiscal year of the state.
(e) "Office" means the Office of Tourism, Trade, and Economic Development.
(f) "Public school" shall have the same meaning as in s. 228.041(1)(a).
(2) TAX REFUND; ELIGIBLE AMOUNTS.--
(a) Contingent upon an annual appropriation by the Legislature, the director may approve an eligible business to receive tax refund payments of up to $1,600 per eligible youth employee. An eligible business may not receive tax refund payments for more than five eligible youth employees in any single fiscal year.
(b) After entering into an employment/tax refund agreement under subsection (3), an eligible business may receive refunds for the following taxes or fees due and paid by that business:
1. Taxes on sales, use, and other transactions under 2part I of chapter 212.
2. Corporate income taxes under chapter 220.
3. Intangible personal property taxes under chapter 199.
4. Emergency excise taxes under chapter 221.
5. Excise taxes on documents under chapter 201.
6. Ad valorem taxes paid, as defined in s. 220.03(1).
7. Insurance premium taxes under s. 624.509.
8. Occupational license fees under chapter 205.
However, an eligible business may not receive a refund under this section for any amount of credit, refund, or exemption granted to that business for any of such taxes or fees. If a refund for such taxes or fees is provided by the office, which taxes or fees are subsequently adjusted by the application of any credit, refund, or exemption granted to the eligible business other than as provided in this section, the business shall reimburse the office for the amount of that credit, refund, or exemption. An eligible business shall notify and tender payment to the office within 20 days after receiving any credit, refund, or exemption other than the one provided in this section.
(c) An eligible business that fraudulently claims a refund under this section:
1. Is liable for repayment of the amount of refund to the office, plus a mandatory penalty in the amount of 200 percent of the tax refund which shall be deposited in the General Revenue Fund.
2. Is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) ADMINISTRATION.--
(a) To apply for tax refunds pursuant to this section, an eligible business must file an employment/tax refund application, developed by the office, at the public school the eligible youth employee attends.
(b) The public school shall forward the application to the office within 5 calendar days after receipt of a complete application. Within 10 calendar days after receipt of the application, the office shall enter a final order that either approves or disapproves the application. The decisions must be in writing and must provide the justifications for approval or disapproval.
(c) An eligible business that has been approved by the office to receive tax refunds may apply to the office for a refund at the end of each calendar quarter the eligible youth employee is employed by the business. An eligible business may not receive refund payments of more than 25 percent of the total tax refunds due such business under this section each calendar quarter. Termination of employment of an eligible youth employee shall result in loss of eligibility for tax refunds for such employee under this section.
(d) The claim for refund by an eligible business must include a copy of all receipts pertaining to the payment of taxes for which the refund is sought.
(e) Nothing in this section shall create a presumption that an eligible business will receive any tax refund under this section.
(f) The office is authorized to develop rules and forms, pursuant to chapter 120, to implement the provisions of this section. The office is authorized to verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, the Department of Labor and Employment Security, or any local government or authority.
(4) REPEAL.--The provisions of this section shall expire and be void on June 30, 2007.
History.--s. 58, ch. 97-278.
1Note.--Section 60, ch. 97-278, provides that:
"(1) The sum of $2 million is hereby appropriated from the General Revenue Fund to the Economic Development Trust Fund for fiscal year 1997-1998 to fund tax refunds issued pursuant to the ENTRY Tax Refund Program contained in section 20 of this act [s. 20 of the act is s. 288.7011, which relates to amendments to a certified development corporation; s. 58 of the act provides for tax refunds pursuant to the ENTRY program]. From such funds, the Office of Tourism, Trade, and Economic Development shall initially implement the ENTRY program as a pilot program in three areas of the state. The office shall consider the following in selecting the locations of the pilot areas:
"(a) Geographic diversification and diversity of community size.
"(b) Estimated number of students which are expected to be placed relative to the population of potential student participants in the community.
"(c) The degree to which local partnerships between the local workforce development board, local education agencies, local business community and other organizations involved in community development will enhance the effectiveness of the ENTRY program.
"(d) The degree to which other federal, state, or local funds can be leveraged by tax refunds received under the ENTRY program."
2Note.--Part designations were removed from ch. 212 to conform to the repeal of sections comprising former part II by s. 4, ch. 97-94.
288.041 Solar energy industry; legislative findings and policy; promotional activities.--
(1) It is hereby found and declared that:
(a) The solar energy industry in this state has been a leader in the nation in the manufacture, supply, and delivery of solar energy systems.
(b) The use of solar energy in this state has been demonstrated to save conventional energy sources.
(c) The solar energy industry offers the prospect for improved economic welfare of this state through creation of jobs, increased energy security, and enhancing the quality of the environment of this state.
(d) Through helping to provide for a clean environment and healthy economy, the solar energy industry contributes to the continued growth and development of the tourist industry of this state.
(2) It is the policy of this state to promote, stimulate, develop, and advance the growth of the solar energy industry in this state.
(3) Enterprise Florida, Inc., and its boards shall assist in the expansion of the solar energy industry in this state. Such efforts shall be undertaken in cooperation with the Department of Community Affairs, the Florida Solar Energy Center, and the Florida Solar Energy Industries Association, and shall include:
(a) Providing assistance and support to new and existing photovoltaic companies, with special emphasis on attracting one or more manufacturers of photovoltaic products to locate within this state.
(b) Sponsoring initiatives which aid and take full advantage of the export market potential of solar technologies.
(c) Informing the business sector of this state about opportunities for cost-effective commercial applications of solar technologies.
(d) Encouraging employment of residents of this state by solar energy companies.
(e) Retaining existing solar energy companies and supporting their expansion efforts in this state.
(f) Supporting the promotion of solar energy by sponsoring workshops, seminars, conferences, and educational programs on the benefits of solar energy.
(g) Recognizing outstanding developments and achievements in, and contributions to, the solar energy industry.
(h) Collecting and disseminating solar energy information relevant to the promotion of solar energy applications.
(i) Enlisting the support of persons, civic groups, the solar energy industry, and other organizations to promote and improve solar energy products and services.
(4) The 1department shall also promote projects that demonstrate viable applications of solar technology which may include, but shall not be limited to: irrigation and stock watering, process heat for dairy and citrus operations, aquaculture, hydroponics, horticulture, waste detoxification, and other means of meeting the energy needs of the agricultural industry.
(5) By January 15 of each year, the Department of Community Affairs shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the impact of the solar energy industry on the economy of this state and shall make any recommendations on initiatives to further promote the solar energy industry as the department deems appropriate. For purposes of the 1997 legislative session, the department's report shall specifically address the job creation and export potential of an expanded solar energy industry in Florida.
History.--s. 2, ch. 93-249; s. 23, ch. 94-321; s. 36, ch. 96-320.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.0415 Solar energy; advancement; economic development strategy.--The use of solar energy is a proven, effective means of reducing air pollution, while also creating new jobs, saving energy, lowering consumer utility bills, and stimulating economic development. As such, this state is committed to advancing the use of solar energy in the state. Towards this end, the state shall give priority to removing identified barriers to and providing incentives for increased solar energy development and use. In addition, the state shall capitalize on solar energy as an economic development strategy for job creation, market development, international trade, and other related means of stimulating and enhancing the economy of this state.
History.--s. 22, ch. 94-321.
288.046 Quick-response training; legislative intent.--The Legislature recognizes the importance of providing a skilled workforce for attracting new industries and retaining and expanding existing businesses and industries in this state. It is the intent of the Legislature that a program exist to meet the short-term, immediate, workforce-skill needs of such businesses and industries. It is further the intent of the Legislature that funds provided for the purposes of s. 288.047 be expended on businesses and industries that support the state's economic development goals, particularly high value-added businesses in Florida's Targeted Industrial Clusters or businesses that locate in and provide jobs in the state's distressed urban and rural areas, and that instruction funded pursuant to s. 288.047 lead to permanent, quality employment opportunities.
History.--s. 1, ch. 93-187.
288.047 Quick-response training for economic development.--
(1) The Quick-Response Training Program is created to meet the workforce-skill needs of existing, new, and expanding industries. The program shall be administered by Enterprise Florida, Inc., in conjunction with the Department of Education. Enterprise Florida, Inc., shall adopt guidelines for the administration of this program. Enterprise Florida, Inc., shall provide technical services and shall identify businesses that seek services through the program. The Department of Education shall provide services related to the development and implementation of instructional programs.
1(2)(a) A Quick-Response Advisory Committee, composed of the director of the Division of Workforce Development of the Department of Education; the director of the Division of Community Colleges of the Department of Education; and the director of the Division of Jobs and Benefits of the Department of Labor and Employment Security, or their respective designees, and four private sector members, shall review training funded through this program and shall provide policy advice to Enterprise Florida, Inc., in the implementation of this program. The committee shall elect a chair from among its members. Members of the committee may receive reimbursement for per diem and travel expenses as provided in s. 112.061.
(b) The four private sector members appointed to the Quick-Response Advisory Committee must be selected from a slate of nominees submitted by the board of directors of Enterprise Florida, Inc. The president of Enterprise Florida, Inc., shall appoint private sector members from this slate for terms of 4 years, except that in making the initial appointments, the president shall appoint members for staggered terms, one for 1 year, 2 years, 3 years, and 4 years, respectively. To the maximum extent possible, the president shall select private sector members who are representative of diverse industries and regions of the state. The importance of minority representation must be considered when making appointments for each private sector position. Private sector members may be removed for cause. Absence from three consecutive meetings results in the automatic removal of a private sector member.
(c) The Quick-Response Advisory Committee shall meet at the call of its chair, at the request of a majority of the membership, at the request of Enterprise Florida, Inc., or at times prescribed by its rules. The committee shall serve to advise Enterprise Florida, Inc., regarding the administration of the Quick-Response Training Program.
(3) Enterprise Florida, Inc., shall ensure that instruction funded pursuant to this section is not available through the local community college, school district, or private industry council and that the instruction promotes economic development by providing specialized entry-level skills to new workers or supplemental skills to current employees whose job descriptions are changing. Such funds may not be expended to subsidize the ongoing staff development program of any business or industry or to provide training for instruction related to retail businesses. Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless Enterprise Florida, Inc., determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation which creates additional jobs.
(4) Requests for funding through the Quick-Response Training Program may be produced through inquiries from a specific business or industry, inquiries from a school district director of career education or community college occupational dean on behalf of a business or industry, or through official state economic development efforts. In allocating funds for the purposes of the program, Enterprise Florida, Inc., shall establish criteria for approval of requests for funding and shall select the entity that provides the most efficient, cost-effective instruction meeting such criteria. Program funds may be allocated to any area technical center, community college, or state university. Program funds may be allocated to private postsecondary institutions only upon a review that includes, but is not limited to, accreditation and licensure documentation and prior approval by a majority of the advisory committee. Instruction funded through the program must terminate when participants demonstrate competence at the level specified in the request; however, instruction may not exceed 18 months. Costs and expenditures for the Quick-Response Training Program must be documented and separated from those incurred by the training provider.
(5) For the first 6 months of each fiscal year, Enterprise Florida, Inc., shall set aside 30 percent of the amount appropriated for the Quick-Response Training Program by the Legislature to fund instructional programs for businesses located in an enterprise zone or to instruct residents of an enterprise zone. Any unencumbered funds remaining undisbursed from this set-aside at the end of the 6-month period may be used to provide funding for any program qualifying for funding pursuant to this section.
(6) Prior to the allocation of funds for any request pursuant to this section, Enterprise Florida, Inc., shall prepare a grant agreement between the business or industry requesting funds, the educational institution receiving funding through the program, and Enterprise Florida, Inc. Such agreement must include, but is not limited to:
(a) An identification of the facility in which the instruction will be conducted and the respective responsibilities of the parties for paying costs associated with facility use.
(b) An identification of the equipment necessary to conduct the program, the respective responsibilities of the parties for paying costs associated with equipment purchase, maintenance, and repair, as well as an identification of which party owns the equipment upon completion of the instruction.
(c) An identification of the personnel necessary to conduct the instructional program, the qualifications of such personnel, and the respective responsibilities of the parties for paying costs associated with the employment of such personnel.
(d) An identification of the estimated length of the instructional program. Such program may not exceed 12 months of full-time instruction or 18 months of total instruction.
(e) An identification of special program requirements that are not addressed otherwise in the agreement.
(f) Permission to access information specific to the wages and performance of participants upon the completion of instruction for evaluation purposes. Information which, if released, would disclose the identity of the person to whom the information pertains or disclose the identity of the person's employer is confidential and exempt from the provisions of s. 119.07(1). The agreement must specify that any evaluations published subsequent to the instruction may not identify the employer or any individual participant.
(7) For the purposes of this section, Enterprise Florida, Inc., may accept grants of money, materials, services, or property of any kind from any agency, corporation, or individual.
(8) Enterprise Florida, Inc., may procure equipment as necessary to meet the purposes of this section. Title to and control of such equipment is vested in the Department of Education. Upon the conclusion of instruction, the Department of Education may transfer title to the district school board, community college district board of trustees, or Board of Regents on behalf of a specific state university, where the equipment is physically located. The department may also lease such equipment to the district school board, community college district board of trustees, or Board of Regents for a maximum of 1 year. Such lease may provide for automatic renewal. Either party to a lease has the right to cancel the lease upon a 60-day notice in writing. Any equipment for which no title transfer or lease exists must be returned to a warehouse reserve and be available for use by an instructional program in any area of the state.
(9) In providing instruction pursuant to this section, materials that relate to methods of manufacture or production, potential trade secrets, business transactions, or proprietary information received, produced, ascertained, or discovered by employees of the respective departments, district school boards, community college district boards of trustees, or other personnel employed for the purposes of this section is confidential and exempt from the provisions of s. 119.07(1). The state may seek copyright protection for all instructional materials and ancillary written documents developed wholly or partially with state funds as a result of instruction provided pursuant to this section.
(10) There is created a Quick-Response Training Program for Work and Gain Economic Self-sufficiency (WAGES) participants. Enterprise Florida, Inc., may, at the discretion of the State WAGES Emergency Response Team, award quick-response training grants and develop applicable guidelines for the training of participants in the WAGES Program. In addition to a local economic development organization, grants must be endorsed by the applicable local WAGES coalition and regional workforce development board.
(a) Training funded pursuant to this subsection may not exceed 12 months, and may be provided by the local community college, school district, regional workforce development board, or the business employing the participant, including on-the-job training. Training will provide entry-level skills to new workers, including those employed in retail, who are participants in the WAGES Program.
(b) WAGES participants trained pursuant to this subsection must be employed at a wage not less than $6.00 per hour.
(c) Funds made available pursuant to this subsection may be expended in connection with the relocation of a business from one community to another community if approved by the State WAGES Emergency Response Team.
History.--s. 2, ch. 93-187; ss. 2, 71, ch. 94-136; s. 874, ch. 95-148; s. 3, ch. 95-345; s. 37, ch. 96-320; s. 134, ch. 96-406; s. 15, ch. 97-278; s. 34, ch. 97-307; s. 23, ch. 98-57.
1Note.--Section 9(3), ch. 96-404, provides that, unless reenacted into law, the Quick-Response Advisory Committee is dissolved effective July 1, 1997. Section 288.047(2)(a), providing for the composition of the committee, was amended by s. 34, ch. 97-307, but the material providing for the committee was not reenacted prior to July 1, 1997.
288.051 Short title.--This act shall be known and may be cited as the "Florida Film and Television Investment Act."
History.--s. 1, ch. 92-201.
288.052 Legislative findings.--In addition to the findings contained in 1s. 288.045, the Legislature finds that the production of motion picture, video, and television projects in Florida is an emerging industry, experiencing a growth rate of 20 percent over the last calendar year and employing increasing numbers of Florida residents. The Legislature also finds that, with the development of necessary support services, including in-state financing of projects, the motion picture, television, and video recording industry has the potential to generate over $1 billion annually in direct investments within the state during the early part of the 21st century. One means of increasing the amount of film and television investment in the state is to assist in financing the distribution and marketing of films through the provision of print and advertising funds contingent upon the expenditure of production dollars within the state. Therefore, the Legislature finds and declares that the creation of a Florida Film and Television Investment Board and financing program is in the public interest and that the creation of the Florida Film and Television Investment Board and Trust Fund will serve a public purpose.
History.--s. 2, ch. 92-201.
1Note.--Repealed by s. 154, ch. 96-320.
288.053 Florida Film and Television Investment Board; creation; purpose; membership.--
(1) There is hereby created within the Office of Tourism, Trade, and Economic Development a body politic and corporate known as the Florida Film and Television Investment Board, hereinafter referred to as the "board." The board is constituted as a public instrumentality and shall be deemed to be performing an essential governmental function.
(2) The purpose of the board shall be to promote, stimulate, develop, and advance the growth of Florida's share of feature film and television production, and thereby enhance the economic welfare of Florida and its citizens; to encourage and assist feature film and television producers and distributors to select Florida as a production location through investments, grants, or technical assistance; to provide the maximum opportunities for film and television employment and related services for citizens of the state; to improve the standard of living of the citizens of this state; to cooperate and act in conjunction with other organizations, both public and private, in the attraction and development of film and television production in this state; to establish business relationships with the private sector for the investment and financing of film and television production in this state; and to stimulate and assist in the expansion of the motion picture, film, television, and video industry in this state.
(3) The board shall consist of seven members appointed by the Governor, five of whom shall be experienced in film and television production financing or investing.
(4) In order to assure that the board has the requisite film and television experience, all members need not be residents of the state; however, at least one member must reside in Florida.
(5) Members appointed by the Governor shall serve terms of 4 years except that, in making the initial appointments, the Governor shall appoint one member to serve a term of 1 year, two members to serve terms of 2 years, two members to serve terms of 3 years, and two members to serve terms of 4 years.
(6) The board shall not meet less than once each quarter of the calendar year, but may meet more often as set by the board.
(7) Any member who fails to attend three consecutive board meetings may be replaced by the Governor.
(8) Any person appointed to fill a vacancy on the board shall be appointed in a like manner as the initial appointment and shall serve for only the unexpired term. Any member shall be eligible for reappointment.
(9) The Governor shall appoint the chairperson, who shall be a member of the board. The members shall annually elect one of the members to serve as vice chairperson and shall designate a secretary-treasurer, who need not be a member of the board. The secretary-treasurer shall keep a record of the proceedings of the board and shall be the custodian of all books, documents, and papers filed with the board, of the minute books of the board, and of its official seal. A majority of the members of the board shall constitute a quorum.
(10) Members of the board shall serve without compensation, but shall be entitled to reimbursement for per diem and travel expenses in accordance with s. 112.061.
(11) Each member of the board shall file full and public disclosure of financial interests at the times and places and in the same manner required of elected constitutional officers under s. 8, Art. II of the State Constitution and any law implementing s. 8, Art. II of the State Constitution.
(12) The board may consider applications for film and television projects in which board members have an interest, except that such interested board member or members shall abstain from voting on such matters.
History.--s. 3, ch. 92-201; s. 19, ch. 95-143; s. 38, ch. 96-320.
288.054 Administration; powers.--
(1) The board shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including, but not limited to, the power to:
(a) Adopt bylaws for the governance of its affairs and the conduct of its business and rules to implement provisions of this act pursuant to chapter 120.
(b) Adopt an official seal.
(c) Make and execute contracts and other instruments necessary or convenient for the exercise of its power and function.
(d) Enter into agreements or other transactions with individual investors or investor groups in furtherance of the purposes contained in this act.
(e) Acquire, hold, and dispose of personal property for its corporate and investment purposes.
(f) Solicit, request, and receive money, property, labor, or other things of value from any public or private sector source to be used and applied consistent with the purposes of this act.
(g) Expend, invest, or loan funds held in trust or otherwise consistent with the purposes of this act.
(h) Invest any funds not required for immediate disbursements, in such investments as may be authorized under this act.
(i) Create, issue, hold, buy and sell, and invest in stock, partnerships, limited partnerships, evidences of indebtedness, and other equity or capital participation instruments in furtherance of the purposes contained in this act and to underwrite the creation of a capital market for these securities in a manner designed to enhance development of film and television production in this state.
(j) Hire an investment manager or investment firm to make investments meeting the requirements of s. 288.056 or to invest in venture capital or other investment pools which will provide adequate assurances that at least 40 percent of the dollar amount of projects financed by the pool will be expended within the state. Such investments will be subject to the board's supervision.
(k) Acquire real property or any interest therein, by purchase or foreclosure, where such acquisition is necessary or appropriate to protect or secure any investment or loan in which the board has an interest, to sell, transfer, or convey any such property to a buyer without regard to the provisions of chapters 253 and 270, and, in the event that such sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease such property for occupancy by eligible persons.
(l) Appear in its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government.
(m) Procure insurance or require bond against any loss in connection with its property in such amounts and from such insurers as may be necessary or desirable.
(n) Do any and all things necessary or convenient to carry out the purposes of and exercise the powers given and granted in this act.
(o) Receive and accept from any federal, state, or local agency grants, loans, or advances for or in aid of the purposes herein, and to receive and accept contributions from any source of either money, property, labor, or other things of value to be held, used, and applied for said purposes.
(p) Design, develop, and stage fundraising activities to further the purposes of this act.
(q) Hire an executive director, subject to the provisions of part V of chapter 110, and all necessary employees of the board who shall be exempt from the provisions of part II of chapter 110.
(r) Adopt rules pursuant to chapter 120.
(2) The executive director or, prior to the appointment of an executive director, the director of the Office of Tourism, Trade, and Economic Development or a designee, shall be the chief administrative and operational officer of the board and shall direct and supervise administrative affairs and the general management of the board. The chief administrative and operational officer:
(a) May contract with or employ financial, legal, or technical experts and such other consultants and employees, permanent or temporary.
(b) Shall attend meetings of the board.
(c) Shall cause copies to be made of all minutes and other records or documents of the board.
(3) The Office of Tourism, Trade, and Economic Development may provide administrative funding, provide investment funding pursuant to legislative appropriation, and perform the administrative functions and responsibilities for the board.
History.--s. 4, ch. 92-201; s. 39, ch. 96-320.
288.055 Florida Film and Television Investment Trust Fund.--
(1) There is created within the State Treasury the Florida Film and Television Investment Trust Fund, from which money may be expended for investments or loans, as authorized by this act, to encourage and assist feature film producers, television production companies, and distributors to select Florida as their production location.
(2) The trust fund may be the repository of funds deposited by private and public sector investors, upon such terms and conditions as agreed upon between investors and the board. In no way shall such trust funds be made available, reappropriated, or transferred to the state's General Revenue Fund.
(3) The board is authorized to invest and make loans from the Florida Film and Television Investment Trust Fund individually or jointly under capital participation arrangements with public and private sector investors in film productions and television productions which select Florida as their production location. Such investments or loans will be made under conditions required by law.
(4) The board may invest trust funds in privately managed capital funds in order to achieve the investment purposes contained in this section.
(5) In order for the trust fund to maintain a sufficient pool of money, the board may disburse any profits earned by investments of the board to private sector or public investors as an inducement for such investors to maintain their principal investment sum in the Florida Film and Television Investment Trust Fund pool for such time and terms as the board may determine by rule.
(6) The trust fund will be funded primarily from contributions, gifts, scholarships, grants, and fundraising activities of the board and the Office of Tourism, Trade, and Economic Development. Additionally, the trust fund is authorized to accept any contributions from the Legislature, when so appropriated.
(7) It is the intent of the Legislature that if any one type of investment mechanism authorized in this act is held to be invalid, all other mechanisms remain available.
(8) The board may separate and categorize the state's Film and Television Investment Trust Fund moneys to assure that the board's investments and loans during each fiscal year are representative of film, television, major studios, mini-major studios, and independent production companies.
(9) Under no circumstance shall the credit of the state be pledged, other than moneys in the Film and Television Investment Trust Fund.
History.--s. 5, ch. 92-201; s. 40, ch. 96-320.
288.056 Conditions for film and television investment.--
(1) The board may accept applications from and, pursuant to this section, approve the investment of funds to eligible applicants which shall include, but not be limited to, film or television producers, production companies, distributors, distribution companies, or their subsidiaries.
(2) Prior to the approval of an application, the board shall require of all investments in which it participates the following:
(a) A film or television project applicant requesting funds pursuant to this act shall certify that it will expend at least 40 percent of the project's production budget within the state.
(b) The film or television project applicant shall certify and provide documentation that the project's production funding has been secured or is pending.
(c) The film or television project applicant shall provide financial analysis and projections necessary to determine the financial feasibility and expected returns of the project for which funds are being requested.
(d) The film or television project applicant shall provide documentation evidencing that the project has a commitment or pending commitment for distribution or exhibition.
(3) The board may invest or loan a dollar amount up to 40 percent of the production budget of an applicant film or television project. Such investment or loan amount shall not exceed $3 million per film or television project. The investment or loan by the board shall be allocated and made to that portion of the film or television project budget commonly known as print and advertisement or marketing, and the investment or loan shall be made after verification that the production of the film or television project has been completed and the requirements of subsection (4) have been satisfied.
(4) Prior to the release of funds under this section, the applicant shall provide documentation to the satisfaction of the board that:
(a) The applicant has expended at least 40 percent of the project's production budget within the state.
(b) The applicant has a commitment for distribution and exhibition.
(5) The applicant film or television project shall provide such other documentation as may be required by the board.
History.--s. 6, ch. 92-201.
288.057 Annual report.--Prior to January 1 of each year, the board shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a complete and detailed report setting forth:
(1) The operations and accomplishments of the board during the calendar year.
(2) The number of feature films and television productions in which the board invested or loaned funds during the calendar year.
(3) The number and amount of joint ventures in which the board has participated with private investors during the calendar year.
(4) The dollar value of film and television production expended in the state during the calendar year.
(5) The assets and liabilities of the board at the end of its most recent fiscal year and the status of its trust funds.
(6) The receipts and expenditures of the board during its most recent fiscal year in accordance with the categories or classifications established by the board for its operating and capital accounts.
History.--s. 7, ch. 92-201.
288.063 Contracts for transportation projects.--
(1) The Office of Tourism, Trade, and Economic Development is authorized to make, and based on a recommendation from Enterprise Florida, Inc., to approve, expenditures and enter into contracts for direct costs of transportation projects with the appropriate governmental body. The Office of Tourism, Trade, and Economic Development has final approval authority for any project under this section.
(2) Any contract with a governmental body for construction of any transportation project executed by the Office of Tourism, Trade, and Economic Development shall:
(a) Specify and identify the transportation project to be constructed for a new or expanding business and the number of full-time permanent jobs that will result from the project.
(b) Require that the appropriate governmental body award the construction of the particular transportation project to the lowest and best bidder in accordance with applicable state and federal statutes or regulations unless the project can be constructed with existing local government employees within the contract period specified by the Office of Tourism, Trade, and Economic Development.
(c) Require that the appropriate governmental body provide the Office of Tourism, Trade, and Economic Development with quarterly progress reports. Each quarterly progress report shall contain a narrative description of the work completed according to the project schedule, a description of any change orders executed by the appropriate governmental body, a budget summary detailing planned expenditures versus actual expenditures, and identification of minority business enterprises used as contractors and subcontractors. Records of all progress payments made for work in connection with such transportation projects, and any change orders executed by the appropriate governmental body and payments made pursuant to such orders, shall be maintained by that governmental body in accordance with accepted governmental accounting principles and practices and shall be subject to financial audit as required by law. In addition, the appropriate governmental body, upon completion and acceptance of the transportation project, shall make certification to the Office of Tourism, Trade, and Economic Development that the project has been completed in compliance with the terms and conditions of the contractual agreements between the Office of Tourism, Trade, and Economic Development and the appropriate governmental body and meets minimum construction standards established in accordance with s. 336.045.
(d) Specify that the Office of Tourism, Trade, and Economic Development shall transfer funds upon receipt of a request for funds from the local government, on no more than a quarterly basis, consistent with project needs. A contract totaling less than $200,000 is exempt from this transfer requirement. The Office of Tourism, Trade, and Economic Development shall not transfer any funds unless construction has begun on the facility of the business on whose behalf the award was made. Local governments shall expend funds in a timely manner.
(e) Require that program funds be used only on those transportation projects that have been properly reviewed and approved in accordance with the criteria set forth in this section.
(f) Require that the governing board of the appropriate local governmental body agree by resolution to accept future maintenance and other attendant costs occurring after completion of the transportation project if the project is construction on a county or municipal system.
(3) With respect to any contract executed pursuant to this section, the term "transportation project" means a transportation facility as defined in s. 334.03(31) which is necessary in the judgment of the Office of Tourism, Trade, and Economic Development to facilitate the economic development and growth of the state. Except for applications received prior to July 1, 1996, such transportation projects shall be approved only as a consideration to attract new employment opportunities to the state or expand or retain employment in existing companies operating within the state, or to allow for the construction or expansion of a state or federal correctional facility in a county with a population of 75,000 or less that creates new employment opportunities or expands or retains employment in the county. The Office of Tourism, Trade, and Economic Development shall institute procedures to ensure that small and minority businesses have equal access to funding provided under this section. Funding for approved transportation projects may include any expenses, other than administrative costs and equipment purchases specified in the contract, necessary for new, or improvement to existing, transportation facilities. Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation which creates additional jobs.
(4) The Office of Tourism, Trade, and Economic Development may adopt criteria by which transportation projects are to be specified and identified. In approving transportation projects for funding, the Office of Tourism, Trade, and Economic Development shall consider factors including, but not limited to, the cost per job created or retained considering the amount of transportation funds requested; the average hourly rate of wages for jobs created; the reliance on the program as an inducement for the project's location decision; the amount of capital investment to be made by the business; the demonstrated local commitment; the location of the project in an enterprise zone designated pursuant to s. 290.0055; the location of the project in a community development corporation service area as defined in s. 290.035(2); the unemployment rate of the surrounding area; the poverty rate of the community; and the adoption of an economic element as part of its local comprehensive plan in accordance with s. 163.3177(7)(j). The Office of Tourism, Trade, and Economic Development may contact any agency it deems appropriate for additional input regarding the approval of projects.
(5) No project that has not been specified and identified by the Office of Tourism, Trade, and Economic Development in accordance with subsection (4) prior to the initiation of construction shall be eligible for funding.
(6) The Department of Transportation may be the contracting agency when the project is on the State Highway System. In addition, upon request by the appropriate governmental body, the department may advise and assist it or plan and construct other such transportation projects for it.
(7) Each local government receiving funds under this section shall submit to the Office of Tourism, Trade, and Economic Development a financial audit of the local entity conducted by an independent certified public accountant. The Office of Tourism, Trade, and Economic Development shall develop procedures to ensure that audits are received and reviewed in a timely manner and that deficiencies or questioned costs noted in the audit are resolved.
(8) The Office of Tourism, Trade, and Economic Development shall monitor on site each grant recipient, including, but not limited to, the construction of the business facility, to ensure compliance with contractual requirements.
(9) Notwithstanding the provisions of s. 216.301, funds appropriated for this purpose shall not be subject to reversion.
History.--s. 7, ch. 80-209; s. 1, ch. 81-171; s. 3, ch. 84-294; s. 266, ch. 84-309; s. 2, ch. 85-180; s. 44, ch. 88-201; s. 2, ch. 89-352; s. 5, ch. 90-136; ss. 5, 6, ch. 90-192; s. 2, ch. 91-218; s. 19, ch. 91-262; s. 5, ch. 91-429; s. 16, ch. 93-187; s. 46, ch. 93-206; ss. 3, 72, ch. 94-136; s. 19, ch. 94-322; s. 116, ch. 94-356; s. 876, ch. 95-148; s. 41, ch. 96-320; s. 67, ch. 96-323; s. 16, ch. 97-278; s. 12, ch. 98-258.
288.065 Rural Community Development Revolving Loan Fund.--
(1) The Rural Community Development Revolving Loan Fund Program is established in the Office of Tourism, Trade, and Economic Development to facilitate the use of existing federal, state, and local financial resources by providing local governments with financial assistance to further promote the economic viability of rural communities. These funds may be used to finance initiatives directed toward maintaining or developing the economic base of rural communities, especially initiatives addressing employment opportunities for residents of these communities.
(2) The program shall provide for long-term loans, loan guarantees, and loan loss reserves to units of local governments within counties with populations less than 50,000, or any county that has a population of 100,000 or less and is contiguous to a county with a population less than 50,000, as determined by the most recent official estimate pursuant to s. 186.901, residing in incorporated and unincorporated areas of the county. Requests for loans shall be made by application to the Office of Tourism, Trade, and Economic Development. Loans shall be made pursuant to agreements specifying the terms and conditions agreed to between the local government and the Office of Tourism, Trade, and Economic Development. The loans shall be the legal obligations of the local government. All repayments of principal and interest shall be returned to the loan fund and made available for loans to other applicants.
(3) The Office of Tourism, Trade, and Economic Development shall manage the fund, establishing loan practices that must include, but are not limited to, procedures for establishing loan interest rates, uses of funding, application procedures, and application review procedures. The Office of Tourism, Trade, and Economic Development shall have final approval authority for any loan under this section.
(4) Notwithstanding the provisions of s. 216.301, funds appropriated for this purpose shall not be subject to reversion.
History.--s. 42, ch. 96-320; s. 18, ch. 97-278.
288.075 Confidentiality of records.--
(1) As used in this section, the term "economic development agency" means the Division of Economic Development of the 1Department of Commerce, any industrial development authority created in accordance with part III of chapter 159 or by special law, the public economic development agency that advises the county commission on the issuance of industrial revenue bonds of a county that does not have an industrial development authority created in accordance with part III of chapter 159 or by special law, or any research and development authority created in accordance with part V of chapter 159. The term also includes any private agency, person, partnership, corporation, or business entity when authorized by the state, a municipality, or a county to promote the general business interests or industrial interests of the state or that municipality or county.
(2) Upon written request from a private corporation, partnership, or person, records of an economic development agency which contain or would provide information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for 24 months after the date an economic development agency receives a request for confidentiality or until disclosed by an economic development agency pursuant to subsection (4) or by the party requesting confidentiality under this section. Confidentiality must be maintained until the expiration of the 24-month period or until documents or information are otherwise disclosed, whichever occurs first. This confidentiality does not apply when any party petitions a court of competent jurisdiction and, in the opinion of the court, proves need for access to such documents. This exemption expires October 2, 2001, and is subject to review by the Legislature under the Open Government Sunset Review Act of 1995 in accordance with s. 119.15.
(3) This section does not waive any provision of chapter 120 or any other provision of law requiring a public hearing.
(4) A public officer or employee may not enter into a binding agreement with any corporation, partnership, or person who has requested confidentiality of information pursuant to this section, until 90 days after such information is made public.
(5) Any person who is an employee of an economic development agency who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 1, ch. 77-75; s. 1, ch. 79-395; s. 3, ch. 83-47; s. 1, ch. 86-152; s. 1, ch. 86-180; s. 1, ch. 86-218; s. 1, ch. 89-217; s. 104, ch. 90-360; s. 245, ch. 91-224; s. 220, ch. 95-148; s. 1, ch. 95-378; s. 1, ch. 96-353; s. 135, ch. 96-406.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.095 Economic Development Trust Fund.--
(1) The Economic Development Trust Fund is created within the Office of Tourism, Trade, and Economic Development. Moneys deposited into the fund must be used only to support the authorized activities and operations of the office.
(2) There is created, within the Economic Development Trust Fund, the Economic Development Incentives Account. The Economic Development Incentives Account consists of moneys appropriated to the account for purposes of the tax incentives programs authorized under ss. 288.1045 and 288.106, and local financial support provided under ss. 288.1045 and 288.106. Moneys in the Economic Development Incentives Account shall be subject to the provisions of s. 216.301(1)(a).
(3)(a) Contingent upon an annual appropriation by the Legislature, the Office of Tourism, Trade, and Economic Development may approve tax refunds pursuant to ss. 288.1045, 288.106, and 288.107. The office may not approve tax refunds in excess of the amount appropriated to the Economic Development Incentives Account for such tax refunds, for a fiscal year pursuant to paragraph (b).
(b) The total amount of tax refunds approved by the Office of Tourism, Trade, and Economic Development pursuant to ss. 288.1045, 288.106, and 288.107 shall not exceed the amount appropriated to the Economic Development Incentives Account for such purposes for the fiscal year. In the event the Legislature does not appropriate an amount sufficient to satisfy projections by the office for tax refunds under ss. 288.1045, 288.106, and 288.107 in a fiscal year, the Office of Tourism, Trade, and Economic Development shall, not later than July 15 of such year, determine the proportion of each refund claim which shall be paid by dividing the amount appropriated for tax refunds for the fiscal year by the projected total of refund claims for the fiscal year. The amount of each claim for a tax refund shall be multiplied by the resulting quotient. If, after the payment of all such refund claims, funds remain in the Economic Development Incentives Account for tax refunds, the office shall recalculate the proportion for each refund claim and adjust the amount of each claim accordingly.
(c) By September 30 of each year, the Office of Tourism, Trade, and Economic Development shall submit a complete and detailed report to the board of directors of Enterprise Florida, Inc., created under part VII of this chapter, of all applications received, final decisions issued, tax refund agreements executed, and tax refunds paid or other payments made under all programs funded out of the Economic Development Incentives Account, including analyses of benefits and costs, types of projects supported, and employment and investment created. The Office of Tourism, Trade, and Economic Development shall also include a separate analysis of the impact of such tax refunds on state enterprise zones designated pursuant to s. 290.0065. By December 1 of each year, the board of directors of Enterprise Florida, Inc., shall review and comment on the report, and the board shall submit the report, together with the comments of the board, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must discuss whether the authority and moneys appropriated by the Legislature to the Economic Development Incentives Account were managed and expended in a prudent, fiducially sound manner.
(d) Moneys in the Economic Development Incentives Account may be used only to pay tax refunds and other payments authorized under s. 288.1045, s. 288.106, or s. 288.107.
(e) The Office of Tourism, Trade, and Economic Development may adopt rules necessary to carry out the provisions of this subsection, including rules providing for the use of moneys in the Economic Development Incentives Account and for the administration of the Economic Development Incentives Account.
History.--s. 5, ch. 92-111; ss. 4, 7, ch. 93-414; ss. 15, 75, ch. 94-136; s. 43, ch. 96-320; s. 10, ch. 97-277; s. 12, ch. 97-278.
288.1045 Qualified defense contractor tax refund program.--
(1) DEFINITIONS.--As used in this section:
(a) "Consolidation of a Department of Defense contract" means the consolidation of one or more of an applicant's facilities under one or more Department of Defense contracts either from outside this state or from inside and outside this state, into one or more of the applicant's facilities inside this state.
(b) "Average wage in the area" means the average of all wages and salaries in the state, the county, or in the standard metropolitan area in which the business unit is located.
(c) "Applicant" means any business entity that holds a valid Department of Defense contract or any business entity that is a subcontractor under a valid Department of Defense contract or any business entity that holds a valid contract for the reuse of a defense-related facility, including all members of an affiliated group of corporations as defined in s. 220.03(1)(b).
(d) "Division" means the Division of Economic Development of the 1Department of Commerce.
(e) "Department of Defense contract" means a competitively bid Department of Defense contract or a competitively bid federal agency contract issued on behalf of the Department of Defense for manufacturing, assembling, fabricating, research, development, or design with a duration of 2 or more years, but excluding any contract to provide goods, improvements to real or tangible property, or services directly to or for any particular military base or installation in this state.
(f) "New Department of Defense contract" means a Department of Defense contract entered into after the date application for certification as a qualified applicant is made and after January 1, 1994.
(g) "Jobs" means full-time equivalent positions, consistent with the use of such terms by the Department of Labor and Employment Security for the purpose of unemployment compensation tax, resulting directly from a project in this state. This number does not include temporary construction jobs involved with the construction of facilities for the project.
(h) "Nondefense production jobs" means employment exclusively for activities that, directly or indirectly, are unrelated to the Department of Defense.
(i) "Project" means any business undertaking in this state under a new Department of Defense contract, consolidation of a Department of Defense contract, or conversion of defense production jobs over to nondefense production jobs or reuse of defense-related facilities.
(j) "Qualified applicant" means an applicant that has been approved by the 2secretary to be eligible for tax refunds pursuant to this section.
(k) "Secretary" means the Secretary of 1Commerce.
(l) "Taxable year" means the same as in s. 220.03(1)(z).
(m) "Fiscal year" means the fiscal year of the state.
(n) "Business unit" means an employing unit, as defined in s. 443.036, that is registered with the Department of Labor and Employment Security for unemployment compensation purposes or means a subcategory or division of an employing unit that is accepted by the Department of Labor and Employment Security as a reporting unit.
(o) "Local financial support" means funding from local sources, public or private, which is paid to the Economic Development Trust Fund and which is equal to 20 percent of the annual tax refund for a qualified applicant. Local financial support may include excess payments made to a utility company under a designated program to allow decreases in service by the utility company under conditions, regardless of when application is made. A qualified applicant may not provide, directly or indirectly, more than 5 percent of such funding in any fiscal year. The sources of such funding may not include, directly or indirectly, state funds appropriated from the General Revenue Fund or any state trust fund, excluding tax revenues shared with local governments pursuant to law.
(p) "Contract for reuse of a defense-related facility" means a contract with a duration of 2 or more years for the use of a facility for manufacturing, assembling, fabricating, research, development, or design of tangible personal property, but excluding any contract to provide goods, improvements to real or tangible property, or services directly to or for any particular military base or installation in this state. Such facility must be located within a port, as defined in s. 313.21, and have been occupied by a business entity that held a valid Department of Defense contract or occupied by any branch of the Armed Forces of the United States, within 1 year of any contract being executed for the reuse of such facility. A contract for reuse of a defense-related facility may not include any contract for reuse of such facility for any Department of Defense contract for manufacturing, assembling, fabricating, research, development, or design.
(q) "Local financial support exemption option" means the option to exercise an exemption from the local financial support requirement available to any applicant whose project is located in a county designated by the Rural Economic Development Initiative, if the county commissioners of the county in which the project will be located adopt a resolution requesting that the applicant's project be exempt from the local financial support requirement. Any applicant that exercises this option is not eligible for more than 80 percent of the total tax refunds allowed such applicant under this section.
(2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
(a) There shall be allowed, from the Economic Development Trust Fund, a refund to a qualified applicant for the amount of eligible taxes certified by the 2secretary which were paid by such qualified applicant. The total amount of refunds for all fiscal years for each qualified applicant shall be determined pursuant to subsection (3). The annual amount of a refund to a qualified applicant shall be determined pursuant to subsection (5).
(b) A qualified applicant may not be qualified for any project to receive more than $5,000 times the number of jobs provided in the tax refund agreement pursuant to subparagraph (4)(a)1. A qualified applicant may not receive refunds of more than 25 percent of the total tax refunds provided in the tax refund agreement pursuant to subparagraph (4)(a)1. in any fiscal year, provided that no qualified applicant may receive more than $2.5 million in tax refunds pursuant to this section in any fiscal year.
(c) A qualified applicant may not receive more than $7.5 million in tax refunds pursuant to this section in all fiscal years.
(d) Contingent upon an annual appropriation by the Legislature, the 2secretary may approve not more than the lesser of $25 million in tax refunds or the amount appropriated to the Economic Development Trust Fund for tax refunds, for a fiscal year pursuant to subsection (5).
(e) For the first 6 months of each fiscal year, the 2secretary shall set aside 30 percent of the amount appropriated for refunds pursuant to this section by the Legislature to provide tax refunds only to qualified applicants who employ 500 or fewer full-time employees in this state. Any unencumbered funds remaining undisbursed from this set-aside at the end of the 6-month period may be used to provide tax refunds for any qualified applicants pursuant to this section.
(f) After entering into a tax refund agreement pursuant to subsection (4), a qualified applicant may receive refunds from the Economic Development Trust Fund for the following taxes due and paid by the qualified applicant beginning with the applicant's first taxable year that begins after entering into the agreement:
1. Taxes on sales, use, and other transactions paid pursuant to chapter 212.
2. Corporate income taxes paid pursuant to chapter 220.
3. Intangible personal property taxes paid pursuant to chapter 199.
4. Emergency excise taxes paid pursuant to chapter 221.
5. Excise taxes paid on documents pursuant to chapter 201.
6. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on June 1, 1996.
However, a qualified applicant may not receive a tax refund pursuant to this section for any amount of credit, refund, or exemption granted such contractor for any of such taxes. If a refund for such taxes is provided by the 1Department of Commerce, which are subsequently adjusted by the application of any credit, refund, or exemption granted to the qualified applicant other than that provided in this section, the qualified applicant shall reimburse the Economic Development Trust Fund for the amount of such credit, refund, or exemption. A qualified applicant must notify and tender payment to the 1Department of Commerce within 20 days after receiving a credit, refund, or exemption, other than that provided in this section.
(g) Any qualified applicant who fraudulently claims this refund is liable for repayment of the refund to the Economic Development Trust Fund plus a mandatory penalty of 200 percent of the tax refund which shall be deposited into the General Revenue Fund. Any qualified applicant who fraudulently claims this refund commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(h) Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation which creates additional jobs.
(3) APPLICATION PROCESS; REQUIREMENTS; AGENCY DETERMINATION.--
(a) To apply for certification as a qualified applicant pursuant to this section, an applicant must file an application with the 3division which satisfies the requirements of paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e). An applicant may not apply for certification pursuant to this section after a proposal has been submitted for a new Department of Defense contract, after the applicant has made the decision to consolidate an existing Department of Defense contract in this state for which such applicant is seeking certification, or after the applicant has made the decision to convert defense production jobs to nondefense production jobs for which such applicant is seeking certification.
(b) Applications for certification based on the consolidation of a Department of Defense contract or a new Department of Defense contract must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's federal employer identification number, the applicant's Florida sales tax registration number, and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The Department of Defense contract numbers of the contract to be consolidated, the new Department of Defense contract number, or the "RFP" number of a proposed Department of Defense contract.
4. The date the contract was executed or is expected to be executed, and the date the contract is due to expire or is expected to expire.
5. The commencement date for project operations under the contract in this state.
6. The number of full-time equivalent jobs in this state which are or will be dedicated to the project during the year and the average wage of such jobs.
7. The total number of full-time equivalent employees employed by the applicant in this state.
8. The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
b. Corporate income taxes paid pursuant to chapter 220;
c. Intangible personal property taxes paid pursuant to chapter 199;
d. Emergency excise taxes paid pursuant to chapter 221;
e. Excise taxes paid on documents pursuant to chapter 201; and
f. Ad valorem taxes paid
during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(c) Applications for certification based on the conversion of defense production jobs to nondefense production jobs must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's federal employer identification number, the applicant's Florida sales tax registration number, and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The Department of Defense contract numbers of the contract under which the defense production jobs will be converted to nondefense production jobs.
4. The date the contract was executed, and the date the contract is due to expire or is expected to expire, or was canceled.
5. The commencement date for the nondefense production operations in this state.
6. The number of full-time equivalent jobs in this state which are or will be dedicated to the nondefense production project during the year and the average wage of such jobs.
7. The total number of full-time equivalent employees employed by the applicant in this state.
8. The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
b. Corporate income taxes paid pursuant to chapter 220;
c. Intangible personal property taxes paid pursuant to chapter 199;
d. Emergency excise taxes paid pursuant to chapter 221;
e. Excise taxes paid on documents pursuant to chapter 201; and
f. Ad valorem taxes paid
during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(d) Applications for certification based on a contract for reuse of a defense-related facility must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's Florida sales tax registration number and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The business entity holding a valid Department of Defense contract or branch of the Armed Forces of the United States that previously occupied the facility, and the date such entity last occupied the facility.
4. A copy of the contract to reuse the facility, or such alternative proof as may be prescribed by the 1department that the applicant is seeking to contract for the reuse of such facility.
5. The date the contract to reuse the facility was executed or is expected to be executed, and the date the contract is due to expire or is expected to expire.
6. The commencement date for project operations under the contract in this state.
7. The number of full-time equivalent jobs in this state which are or will be dedicated to the project during the year and the average wage of such jobs.
8. The total number of full-time equivalent employees employed by the applicant in this state.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212.
b. Corporate income taxes paid pursuant to chapter 220.
c. Intangible personal property taxes paid pursuant to chapter 199.
d. Emergency excise taxes paid pursuant to chapter 221.
e. Excise taxes paid on documents pursuant to chapter 201.
f. Ad valorem taxes paid during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(e) To qualify for review by the 3division, the application of an applicant must, at a minimum, establish the following to the satisfaction of the 3division:
1. The jobs proposed to be provided under the application, pursuant to subparagraph (b)6. or subparagraph (c)6., must pay an estimated annual average wage equaling at least 115 percent of the average wage in the area where the project is to be located.
2. The consolidation of a Department of Defense contract must result in a net increase of at least 25 percent in the number of jobs at the applicant's facilities in this state or the addition of at least 80 jobs at the applicant's facilities in this state.
3. The conversion of defense production jobs to nondefense production jobs must result in net increases in nondefense employment at the applicant's facilities in this state.
4. The Department of Defense contract cannot allow the business to include the costs of relocation or retooling in its base as allowable costs under a cost-plus, or similar, contract.
5. A business unit of the applicant must have derived not less than 70 percent of its gross receipts in this state from Department of Defense contracts over the applicant's last fiscal year, and must have derived not less than 80 percent of its gross receipts in this state from Department of Defense contracts over the 5 years preceding the date an application is submitted pursuant to this section. This subparagraph does not apply to any application for certification based on a contract for reuse of a defense-related facility.
6. The reuse of a defense-related facility must result in the creation of at least 100 jobs at such facility.
(f) Each application meeting the requirements of paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e) must be submitted to the 3division for a determination of eligibility. The 3division shall review, evaluate, and score each application based on, but not limited to, the following criteria:
1. Expected contributions to the state strategic economic development plan adopted by Enterprise Florida, Inc., taking into account the extent to which the project contributes to the state's high-technology base, and the long-term impact of the project and the applicant on the state's economy.
2. The economic benefit of the jobs created or retained by the project in this state, taking into account the cost and average wage of each job created or retained, and the potential risk to existing jobs.
3. The amount of capital investment to be made by the applicant in this state.
4. The local commitment and support for the project and applicant.
5. The impact of the project on the local community, taking into account the unemployment rate for the county where the project will be located.
6. The dependence of the local community on the defense industry.
7. The impact of any tax refunds granted pursuant to this section on the viability of the project and the probability that the project will occur in this state if such tax refunds are granted to the applicant, taking into account the expected long-term commitment of the applicant to economic growth and employment in this state.
8. The length of the project, or the expected long-term commitment to this state resulting from the project.
(g) The 3division shall forward its written findings and evaluation on each application meeting the requirements of paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e) to the 2secretary within 60 calendar days of receipt of a complete application. The 3division shall notify each applicant when its application is complete, and when the 60-day period begins. In its written report to the 2secretary, the 3division shall specifically address each of the factors specified in paragraph (f), and shall make a specific assessment with respect to the minimum requirements established in paragraph (e). The 3division shall include in its report projections of the tax refund claims that will be sought by the applicant in each fiscal year based on the information submitted in the application.
(h) Within 30 days after receipt of the 3division's findings and evaluation, the 2secretary shall enter a final order that either approves or disapproves an application. The decision must be in writing and provide the justifications for either approval or disapproval. If appropriate, the 2secretary shall enter into a written agreement with the qualified applicant pursuant to subsection (4).
(i) The 2secretary may not enter any final order that certifies any applicant as a qualified applicant when the aggregate amount of tax refunds for all qualified applicants projected by the 3division in any fiscal year exceeds the lesser of $25 million or the amount appropriated for tax refunds for that fiscal year. A final order that approves an application must specify the maximum amount of a tax refund that is to be available to the contractor in each fiscal year and the total amount of tax refunds for all fiscal years.
(j) This section does not create a presumption that an applicant should receive any tax refunds under this section.
(4) QUALIFIED DEFENSE CONTRACTOR TAX REFUND AGREEMENT.--
(a) A qualified applicant shall enter into a written agreement with the 1department containing, but not limited to, the following:
1. The total number of full-time equivalent jobs in this state that are or will be dedicated to the qualified applicant's project, the average wage of such jobs, the definitions that will apply for measuring the achievement of these terms during the pendency of the agreement, and a time schedule or plan for when such jobs will be in place and active in this state. This information must be the same as the information contained in the application submitted by the contractor pursuant to subsection (3).
2. The maximum amount of a refund that the qualified applicant is eligible to receive in each fiscal year.
3. An agreement with the 1department allowing the 1department to review and verify the financial and personnel records of the qualified applicant to ascertain whether the qualified applicant is complying with the requirements of this section.
4. The date after which, each fiscal year, the qualified applicant may file an annual claim pursuant to subsection (5).
5. That local financial support shall be annually available and will be paid to the Economic Development Trust Fund.
(b) Compliance with the terms and conditions of the agreement is a condition precedent for receipt of tax refunds each year. The failure to comply with the terms and conditions of the agreement shall result in the loss of eligibility for receipt of all tax refunds previously authorized pursuant to this section, and the revocation of the certification as a qualified applicant by the 2secretary.
(c) The agreement shall be signed by the 2secretary and the authorized officer of the qualified applicant.
(d) The agreement must contain the following legend, clearly printed on its face in bold type of not less than 10 points:
"This agreement is neither a general obligation of the State of Florida, nor is it backed by the full faith and credit of the State of Florida. Payment of tax refunds are conditioned on and subject to specific annual appropriations by the Florida Legislature of funds sufficient to pay amounts authorized in 4s. 288.104, Florida Statutes."
(5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE CONTRACTOR.--
(a) Qualified applicants who have entered into a written agreement with the 1department pursuant to subsection (4) and who have entered into a valid new Department of Defense contract, commenced the consolidation of a Department of Defense contract, commenced the conversion of defense production jobs to nondefense production jobs or who have entered into a valid contract for reuse of a defense-related facility may apply once each fiscal year to the 1Department of Commerce for tax refunds. The application must be made on or after the date contained in the agreement entered into pursuant to subsection (4) and must include a notarized signature of an officer of the applicant.
(b) The claim for refund by the qualified applicant must include a copy of all receipts pertaining to the payment of taxes for which a refund is sought, and data related to achieving each performance item contained in the tax refund agreement pursuant to subsection (4). The amount requested as a tax refund may not exceed the amount for the fiscal year in the written agreement entered pursuant to subsection (4).
(c) A tax refund may not be approved for any qualified applicant unless local financial support has been paid to the Economic Development Trust Fund in that fiscal year. If the local financial support is less than 20 percent of the approved tax refund, the tax refund shall be reduced. The tax refund paid may not exceed 5 times the local financial support received. Funding from local sources includes tax abatement under s. 196.1995 provided to a qualified applicant. The amount of any tax refund for an applicant approved under this section shall be reduced by the amount of any such tax abatement, and the limitations in subsection (2) and paragraph (3)(h) shall be reduced by the amount of any such tax abatement. A report listing all sources of the local financial support shall be provided to the 3division when such support is paid to the Economic Development Trust Fund.
(d) The 2secretary, with assistance from the 3division, the Department of Revenue, and the Department of Labor and Employment Security, shall determine the amount of the tax refund that is authorized for the qualified applicant for the fiscal year in a written final order within 30 days after the date the claim for the annual tax refund is received by the 1Department of Commerce.
(e) The total amount of tax refunds approved by the 2secretary under this section in any fiscal year may not exceed the amount appropriated to the Economic Development Trust Fund for such purposes for the fiscal year. If the Legislature does not appropriate an amount sufficient to satisfy projections by the 3division for tax refunds in a fiscal year, the 2secretary shall, not later than July 15 of such year, determine the proportion of each refund claim which shall be paid by dividing the amount appropriated for tax refunds for the fiscal year by the projected total amount of refund claims for the fiscal year. The amount of each claim for a tax refund shall be multiplied by the resulting quotient. If, after the payment of all such refund claims, funds remain in the Economic Development Trust Fund for tax refunds, the 2secretary shall recalculate the proportion for each refund claim and adjust the amount of each claim accordingly.
(f) Upon approval of the tax refund pursuant to paragraphs (c) and (d), the Comptroller shall issue a warrant for the amount included in the final order. In the event of any appeal of the final order, the Comptroller may not issue a warrant for a refund to the qualified applicant until the conclusion of all appeals of the final order.
(g) A prorated tax refund, less a 5 percent penalty, shall be approved for a qualified applicant provided all other applicable requirements have been satisfied and the applicant proves to the satisfaction of the director that it has achieved at least 80 percent of its projected employment.
(6) ADMINISTRATION.--
(a) The 1department shall adopt rules pursuant to chapter 120 for the administration of this section.
(b) The 1department may verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes with the appropriate agency or authority including the Department of Revenue, the Department of Labor and Employment Security, or any local government or authority.
(c) To facilitate the process of monitoring and auditing applications made under this program, the 1department may provide a list of qualified applicants to the Department of Revenue, the Department of Labor and Employment Security, or to any local government or authority. The 1department may request the assistance of said entities with respect to monitoring the payment of the taxes listed in subsection (2).
(d) By December 1 of each year, the 1department shall submit a complete and detailed report to the Governor, the President of the Senate, and the Speaker of the House of Representatives of all tax refunds paid under this section, including analyses of benefits and costs, types of projects supported, employment and investment created, geographic distribution of tax refunds granted, and minority business participation. The report must indicate whether the moneys appropriated by the Legislature to the qualified applicant tax refund program were expended in a prudent, fiducially sound manner.
(7) EXPIRATION.--An applicant may not be certified as qualified under this section after June 30, 1999.
History.--s. 1, ch. 96-348; s. 10, ch. 97-79; s. 30, ch. 97-99; s. 17, ch. 97-278.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
2Note.--Secretary of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
3Note.--Division of Economic Development of the Department of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
4Note.--Repealed by s. 8, ch. 96-348.
288.106 Tax refund program for qualified target industry businesses.--
(1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The Legislature finds that attracting, retaining, and providing favorable conditions for the growth of target industries provides high-quality employment opportunities for citizens of this state and enhances the economic foundations of this state. It is the policy of this state to encourage the growth of a high-value-added employment and economic base by providing tax refunds to qualified target industry businesses that create new high-wage employment opportunities in this state by expanding existing businesses within this state or by bringing new businesses to this state.
(2) DEFINITIONS.--As used in this section:
(a) "Account" means the Economic Development Incentives Account within the Economic Development Trust Fund established under s. 288.095.
(b) "Average private sector wage in the area" means the statewide private sector average wage or the average of all private sector wages and salaries in the county or in the standard metropolitan area in which the business is located.
(c) "Business" means an employing unit, as defined in s. 443.036, which is registered with the Department of Labor and Employment Security for unemployment compensation purposes or a subcategory or division of an employing unit which is accepted by the Department of Labor and Employment Security as a reporting unit.
(d) "Corporate headquarters business" means an international, national, or regional headquarters office of a multinational or multistate business enterprise or national trade association, whether separate from or connected with other facilities used by such business.
(e) "Office" means the Office of Tourism, Trade, and Economic Development.
(f) "Enterprise zone" means an area designated as an enterprise zone pursuant to s. 290.0065.
(g) "Expansion of an existing business" means the expansion of a business by or through additions to real and personal property on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent at such business.
(h) "Fiscal year" means the fiscal year of the state.
(i) "Jobs" means full-time equivalent positions, as such terms are consistent with terms used by the Department of Labor and Employment Security and the United States Department of Labor for purposes of unemployment compensation tax administration and employment estimation, resulting directly from a project in this state. This number shall not include temporary construction jobs involved with the construction of facilities for the project or any jobs which have previously been included in any application for tax refunds under 1s. 288.104 or this section.
(j) "Local financial support" means funding from local sources, public or private, which is paid to the Economic Development Trust Fund and which is equal to 20 percent of the annual tax refund for a qualified target industry business. A qualified target industry business may not provide, directly or indirectly, more than 5 percent of such funding in any fiscal year. The sources of such funding may not include, directly or indirectly, state funds appropriated from the General Revenue Fund or any state trust fund, excluding tax revenues shared with local governments pursuant to law.
(k) "Local financial support exemption option" means the option to exercise an exemption from the local financial support requirement available to any applicant whose project is located in a county designated by the Rural Economic Development Initiative. Any applicant that exercises this option shall not be eligible for more than 80 percent of the total tax refunds allowed such applicant under this section.
(l) "New business" means a business which heretofore did not exist in this state, first beginning operations on a site located in this state and clearly separate from any other commercial or industrial operations owned by the same business.
(m) "Project" means the creation of a new business or expansion of an existing business.
(n) "Director" means the Director of the Office of Tourism, Trade, and Economic Development.
(o) "Target industry business" means a corporate headquarters business or any business that is engaged in one of the target industries identified pursuant to the following criteria developed by the office in consultation with Enterprise Florida, Inc.:
1. Future growth.--Industry forecasts should indicate strong expectation for future growth in both employment and output, according to the most recent available data. Special consideration should be given to Florida's growing access to international markets or to replacing imports.
2. Stability.--The industry should not be subject to periodic layoffs, whether due to seasonality or sensitivity to volatile economic variables such as weather. The industry should also be relatively resistant to recession, so that the demand for products of this industry is not necessarily subject to decline during an economic downturn.
3. High wage.--The industry should pay relatively high wages compared to statewide or area averages.
4. Market and resource independent.--The location of industry businesses should not be dependent on Florida markets or resources as indicated by industry analysis.
5. Industrial base diversification and strengthening.--The industry should contribute toward expanding or diversifying the state's or area's economic base, as indicated by analysis of employment and output shares compared to national and regional trends. Special consideration should be given to industries that strengthen regional economies by adding value to basic products or building regional industrial clusters as indicated by industry analysis.
6. Economic benefits.--The industry should have strong positive impacts on or benefits to the state and regional economies.
The office, in consultation with Enterprise Florida, Inc., shall develop a list of such target industries annually and submit such list as part of the final agency legislative budget request submitted pursuant to s. 216.023(1). A target industry business may not include any industry engaged in retail activities; any electrical utility company; any phosphate or other solid minerals severance, mining, or processing operation; any oil or gas exploration or production operation; or any firm subject to regulation by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
(p) "Taxable year" means taxable year as defined in s. 220.03(1)(z).
(q) "Qualified target industry business" means a target industry business that has been approved by the director to be eligible for tax refunds pursuant to this section.
(r) "Rural county" means a county with a population of 75,000 or less.
(s) "Rural city" means a city with a population of 10,000 or less, or a city with a population of greater than 10,000 but less than 20,000 which has been determined by the Office of Tourism, Trade, and Economic Development to have economic characteristics such as, but not limited to, a significant percentage of residents on public assistance, a significant percentage of residents with income below the poverty level, or a significant percentage of the city's employment base in agriculture-related industries.
(3) TAX REFUND; ELIGIBLE AMOUNTS.--
(a) There shall be allowed, from the account, a refund to a qualified target industry business for the amount of eligible taxes certified by the director which were paid by such business. The total amount of refunds for all fiscal years for each qualified target industry business must be determined pursuant to subsection (4). The annual amount of a refund to a qualified target industry business must be determined pursuant to subsection (6).
(b) The director may approve a qualified target industry business to receive tax refund payments of up to $5,000 times the number of jobs specified in the tax refund agreement under subparagraph (5)(a)1., or up to $7,500 times the number of jobs if the project is located in an enterprise zone. A qualified target industry business may not receive refund payments of more than 25 percent of the total tax refunds specified in the tax refund agreement under subparagraph (5)(a)1. in any fiscal year. Further, a qualified target industry business may not receive more than $1.5 million in refunds under this section in any single fiscal year, or more than $2.5 million in any single fiscal year if the project is located in an enterprise zone. A qualified target industry may not receive more than $5 million in refund payments under this section in all fiscal years, or more than $7.5 million if the project is located in an enterprise zone. Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation and that the relocation will create additional jobs.
(c) After entering into a tax refund agreement under subsection (5), a qualified target industry business may receive refunds from the account for the following taxes due and paid by that business beginning with the first taxable year of the business which begins after entering into the agreement:
1. Taxes on sales, use, and other transactions under chapter 212.
2. Corporate income taxes under chapter 220.
3. Intangible personal property taxes under chapter 199.
4. Emergency excise taxes under chapter 221.
5. Excise taxes on documents under chapter 201.
6. Ad valorem taxes paid, as defined in s. 220.03(1).
7. Insurance premium tax under s. 624.509.
However, a qualified target industry business may not receive a refund under this section for any amount of credit, refund, or exemption granted to that business for any of such taxes. If a refund for such taxes is provided by the office, which taxes are subsequently adjusted by the application of any credit, refund, or exemption granted to the qualified target industry business other than as provided in this section, the business shall reimburse the account for the amount of that credit, refund, or exemption. A qualified target industry business shall notify and tender payment to the office within 20 days after receiving any credit, refund, or exemption other than one provided in this section.
(d) A qualified target industry business that fraudulently claims a refund under this section:
1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund which shall be deposited into the General Revenue Fund.
2. Is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) APPLICATION AND APPROVAL PROCESS.--
(a) To apply for certification as a qualified target industry business under this section, the business must file an application with the office before the business has made the decision to locate a new business in this state or before the business had made the decision to expand an existing business in this state. The application shall include, but is not limited to, the following information:
1. The applicant's federal employer identification number and the applicant's state sales tax registration number.
2. The permanent location of the applicant's facility in this state at which the project is or is to be located.
3. A description of the type of business activity or product covered by the project, including four-digit SIC codes for all activities included in the project.
4. The number of full-time equivalent jobs in this state that are or will be dedicated to the project and the average wage of those jobs. If more than one type of business activity or product is included in the project, the number of jobs and average wage for those jobs must be separately stated for each type of business activity or product.
5. The total number of full-time equivalent employees employed by the applicant in this state.
6. The anticipated commencement date of the project.
7. The amount of:
a. Taxes on sales, use, and other transactions paid under chapter 212;
b. Corporate income taxes paid under chapter 220;
c. Intangible personal property taxes paid under chapter 199;
d. Emergency excise taxes paid under chapter 221; and
e. Excise taxes on documents paid under chapter 201.
8. The estimated amount of tax refunds to be claimed in each fiscal year.
9. A brief statement concerning the role that the tax refunds requested will play in the decision of the applicant to locate or expand in this state.
10. An estimate of the proportion of the sales resulting from the project that will be made outside this state.
11. A resolution adopted by the governing board of the county or municipality in which the project will be located, which resolution recommends that certain types of businesses be approved as a qualified target industry business and states that the commitments of local financial support necessary for the target industry business exist. Before adoption of the resolution, the governing board may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided.
12. Any additional information requested by the office.
(b) To qualify for review by the office, the application of a target industry business must, at a minimum, establish the following to the satisfaction of the office:
1. The jobs proposed to be provided under the application, pursuant to subparagraph (a)4., must pay an estimated annual average wage equaling at least 115 percent of the average private sector wage in the area where the business is to be located or the statewide private sector average wage. The office may waive this average wage requirement at the request of the local governing body recommending the project and Enterprise Florida, Inc. The wage requirement may only be waived for a project located in a brownfield area designated under s. 376.80 or in a rural city or county or in an enterprise zone and only when the merits of the individual project or the specific circumstances in the community in relationship to the project warrant such action. If the local governing body and Enterprise Florida, Inc., make such a recommendation, it must be transmitted in writing and the specific justification for the waiver recommendation must be explained. If the director elects to waive the wage requirement, the waiver must be stated in writing and the reasons for granting the waiver must be explained.
2. The target industry business's project must result in the creation of at least 10 jobs at such project.
3. The business activity or product for the applicant's project is within an industry or industries that have been identified by the office to be high-value-added industries that contribute to the area and to the economic growth of the state and that produce a higher standard of living for citizens of this state in the new global economy or that can be shown to make an equivalent contribution to the area and state's economic progress. The director must approve requests to waive the wage requirement for brownfield areas designated under s. 376.80 unless it is demonstrated that such action is not in the public interest.
(c) Each application meeting the requirements of paragraph (b) must be submitted to the office for determination of eligibility. The office shall review and evaluate each application based on, but not limited to, the following criteria:
1. Expected contributions to the state strategic economic development plan adopted by Enterprise Florida, Inc., taking into account the long-term effects of the project and of the applicant on the state economy.
2. The economic benefit of the jobs created by the project in this state, taking into account the cost and average wage of each job created.
3. The amount of capital investment to be made by the applicant in this state.
4. The local commitment and support for the project.
5. The effect of the project on the local community, taking into account the unemployment rate for the county where the project will be located.
6. The effect of any tax refunds granted pursuant to this section on the viability of the project and the probability that the project will be undertaken in this state if such tax refunds are granted to the applicant, taking into account the expected long-term commitment of the applicant to economic growth and employment in this state.
7. The expected long-term commitment to this state resulting from the project.
8. A review of the business's past activities in this state or other states, including whether such business has been subjected to criminal or civil fines and penalties. Nothing in this subparagraph shall require the disclosure of confidential information.
(d) The office shall forward its written findings and evaluation concerning each application meeting the requirements of paragraph (b) to the director within 45 calendar days after receipt of a complete application. The office shall notify each target industry business when its application is complete, and of the time when the 45-day period begins. In its written report to the director, the office shall specifically address each of the factors specified in paragraph (c) and shall make a specific assessment with respect to the minimum requirements established in paragraph (b). The office shall include in its report projections of the tax refund claim that will be sought by the target industry business in each fiscal year based on the information submitted in the application.
(e)1. Within 30 days after receipt of the office's findings and evaluation, the director shall enter a final order that either approves or disapproves the application of the target industry business. The decision must be in writing and must provide the justifications for approval or disapproval.
2. If appropriate, the director shall enter into a written agreement with the qualified target industry business pursuant to subsection (5).
(f) The director may not enter a final order that certifies any target industry business as a qualified target industry business if the value of tax refunds to be included in that final order exceeds the available amount of authority to enter final orders as determined in s. 288.095(3). A final order that approves an application must specify the maximum amount of tax refund that will be available to the qualified industry business in each fiscal year and the total amount of tax refunds that will be available to the business for all fiscal years.
(g) Nothing in this section shall create a presumption that an applicant will receive any tax refunds under this section. However, the office may issue nonbinding opinion letters, upon the request of prospective applicants, as to the applicants' eligibility and the potential amount of refunds.
(5) TAX REFUND AGREEMENT.--
(a) Each qualified target industry business must enter into a written agreement with the office which specifies, at a minimum:
1. The total number of full-time equivalent jobs in this state that will be dedicated to the project, the average wage of those jobs, the definitions that will apply for measuring the achievement of these terms during the pendency of the agreement, and a time schedule or plan for when such jobs will be in place and active in this state. This information must be the same as the information contained in the application submitted by the business under subsection (4).
2. The maximum amount of tax refunds which the qualified target industry business is eligible to receive on the project and the maximum amount of a tax refund that the qualified target industry business is eligible to receive in each fiscal year.
3. That the office may review and verify the financial and personnel records of the qualified target industry business to ascertain whether that business is in compliance with this section.
4. The date after which, in each fiscal year, the qualified target industry business may file an annual claim under subsection (6).
5. That local financial support will be annually available and will be paid to the account.
(b) Compliance with the terms and conditions of the agreement is a condition precedent for the receipt of a tax refund each year. The failure to comply with the terms and conditions of the tax refund agreement results in the loss of eligibility for receipt of all tax refunds previously authorized under this section and the revocation by the director of the certification of the business entity as a qualified target industry business.
(c) The agreement must be signed by the director and by an authorized officer of the qualified target industry business within 30 days after entry of a final order certifying the business entity as a qualified target industry business under subsection (4).
(d) The agreement must contain the following legend, clearly printed on its face in bold type of not less than 10 points in size: "This agreement is neither a general obligation of the State of Florida, nor is it backed by the full faith and credit of the State of Florida. Payment of tax refunds are conditioned on and subject to specific annual appropriations by the Florida Legislature of moneys sufficient to pay amounts authorized in section 288.106, Florida Statutes."
(6) ANNUAL CLAIM FOR REFUND.--
(a) A qualified target industry business that has entered into a tax refund agreement with the office under subsection (5) may apply once each fiscal year to the office for a tax refund. The application must be made on or after the date specified in that agreement.
(b) The claim for refund by the qualified target industry business must include a copy of all receipts pertaining to the payment of taxes for which the refund is sought and data related to achievement of each performance item specified in the tax refund agreement. The amount requested as a tax refund may not exceed the amount specified for that fiscal year in that agreement.
(c) A tax refund may not be approved for a qualified target industry business unless the required local financial support has been paid into the account in that fiscal year. If the local financial support provided is less than 20 percent of the approved tax refund, the tax refund must be reduced. In no event may the tax refund exceed an amount that is equal to 5 times the amount of the local financial support received. Further, funding from local sources includes any tax abatement granted to that business under s. 196.1995; and the amount of any tax refund for such business approved under this section must be reduced by the amount of any such tax abatement granted; and the limitations in subsection (3) and paragraph (4)(f) must be reduced by the amount of any such tax abatement. A report listing all sources of the local financial support shall be provided to the office when such support is paid to the account.
(d) A prorated tax refund, less a 5-percent penalty, shall be approved for a qualified target industry business provided all other applicable requirements have been satisfied and the business proves to the satisfaction of the director that it has achieved at least 80 percent of its projected employment.
(e) The director, with such assistance as may be required from the office, the Department of Revenue, or the Department of Labor and Employment Security, shall specify by written final order the amount of the tax refund that is authorized for the qualified target industry business for the fiscal year within 30 days after the date that the claim for the annual tax refund is received by the office.
(f) The total amount of tax refunds approved by the director under this section in any fiscal year must not exceed the amount authorized under s. 288.095(3).
(g) Upon approval of the tax refund under paragraphs (c), (d), and (e), the Comptroller shall issue a warrant for the amount specified in the final order. If the final order is appealed, the Comptroller may not issue a warrant for a refund to the qualified target industry business until the conclusion of all appeals of that order.
(7) ADMINISTRATION.--
(a) The office is authorized to verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, the Department of Labor and Employment Security, or any local government or authority.
(b) To facilitate the process of monitoring and auditing applications made under this program, the office may provide a list of qualified target industry businesses to the Department of Revenue, to the Department of Labor and Employment Security, or to any local government or authority. The office may request the assistance of those entities with respect to monitoring the payment of the taxes listed in subsection (3).
(8) EXPIRATION.--This section expires June 30, 2004.
History.--s. 76, ch. 94-136; s. 44, ch. 96-320; s. 31, ch. 97-99; s. 19, ch. 97-278; s. 7, ch. 98-75.
1Note.--Repealed by s. 8, ch. 96-348.
288.1066 Confidentiality of records.--
(1) The following information when received by the 1Department of Commerce; the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or county or municipal governmental entities and their employees pursuant to the qualified defense contractor tax refund program as required by 2s. 288.104 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period not to exceed the duration of the tax refund agreement or 10 years, whichever is earlier:
(a) The applicant's federal employer identification number and Florida sales tax registration number.
(b) The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.
(c) The amount of:
1. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
2. Corporate income taxes paid pursuant to chapter 220;
3. Intangible personal property taxes paid pursuant to chapter 199;
4. Emergency excise taxes paid pursuant to chapter 221; and
5. Ad valorem taxes paid
during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
(d) Any trade secret information as defined in s. 812.081 contained within any statement concerning the applicant's need for tax refunds or concerning the proposed uses of such refunds by the applicant.
(2) The following information when received by the 1Department of Commerce; the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or county or municipal governmental entities and their employees pursuant to the qualified target industry tax refund program as required by s. 288.106 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period not to exceed the duration of the tax refund agreement or 10 years, whichever is earlier:
(a) The applicant's federal employer identification number and Florida sales tax registration number.
(b) Any trade secret information as defined in s. 812.081 contained within any description of the type of business activity or product covered by the project.
(c) The anticipated wages of those jobs projected to be created by the project.
(d) The amount of:
1. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
2. Corporate income taxes paid pursuant to chapter 220;
3. Intangible personal property taxes paid pursuant to chapter 199;
4. Emergency excise taxes paid pursuant to chapter 221; and
5. Ad valorem taxes paid
during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
(e) Any trade secret information as defined in s. 812.081 contained within any statement concerning the role that the tax refunds requested will play in the decision of the applicant to locate or expand in this state.
(f) An estimate of the proportion of the sales resulting from the project that will be made outside this state.
(3) Nothing contained in this section shall prevent the 1Department of Commerce; the Office of Tourism, Trade, and Economic Development; Enterprise Florida, Inc.; or any county or municipal governmental entity receiving the information described in this section from publishing statistics in the aggregate and so classified as to prevent the identification of a single qualified applicant.
(4) This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.
History.--s. 1, ch. 96-379.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
2Note.--Repealed by s. 8, ch. 96-348.
288.107 Brownfield redevelopment bonus refunds.--
(1) DEFINITIONS.--As used in this section:
(a) "Account" means the Economic Development Incentives Account as authorized in s. 288.095.
(b) "Brownfield sites" means sites that are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination.
(c) "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental-Protection-Agency-designated brownfield pilot projects.
(d) "Director" means the director of the Office of Tourism, Trade, and Economic Development.
(e) "Eligible business" means a qualified target industry business as defined in s. 288.106(2)(o).
(f) "Jobs" means full-time equivalent positions, consistent with the use of such terms by the Department of Labor and Employment Security for the purpose of unemployment compensation tax, resulting directly from a project in this state. This number does not include temporary construction jobs involved with the construction of facilities for the project and which are not associated with the implementation of the site rehabilitation as provided in s. 376.80.
(g) "Office" means the Office of Tourism, Trade, and Economic Development.
(h) "Project" means the creation of a new business or the expansion of an existing business as defined in s. 288.106.
(2) BROWNFIELD REDEVELOPMENT BONUS REFUND.--There shall be allowed from the account a bonus refund of $2,500 to any qualified target industry business for each new Florida job created in a brownfield which is claimed on the qualified target industry business's annual refund claim authorized in s. 288.106(6) and approved by the office as specified in the final order issued by the director.
(3) CRITERIA.--The minimum criteria for participation in the brownfield redevelopment bonus refund are:
(a) The creation of at least 10 new full-time permanent jobs. Such jobs shall not include construction or site rehabilitation jobs associated with the implementation of a brownfield site agreement as described in s. 376.80(5).
(b) That the designation as a brownfield will diversify and strengthen the economy of the area surrounding the site.
(c) That the designation as a brownfield will promote capital investment in the area beyond that contemplated for the rehabilitation of the site.
(4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
(a) To be eligible to receive a bonus refund for new Florida jobs created in a brownfield, a business must have been certified as a qualified target industry business under s. 288.106 and must have indicated on the qualified target industry tax refund application form submitted in accordance with s. 288.106(4) that the project for which the application is submitted is or will be located in a brownfield and that the business is applying for certification as a qualified brownfield business under this section, and must have signed a qualified target industry tax refund agreement with the office which indicates that the business has been certified as a qualified target industry business located in a brownfield and specifies the schedule of brownfield redevelopment bonus refunds that the business may be eligible to receive in each fiscal year.
(b) To be considered to receive an eligible brownfield redevelopment bonus refund payment, the business meeting the requirements of paragraph (a) must submit a claim once each fiscal year on a claim form approved by the office which indicates the location of the brownfield, the address of the business facility's brownfield location, the name of the brownfield in which it is located, the number of jobs created, and the average wage of the jobs created by the business within the brownfield as defined in s. 288.106 and the administrative rules and policies for that section.
(c) The bonus refunds shall be available on the same schedule as the qualified target industry tax refund payments scheduled in the qualified target industry tax refund agreement authorized in s. 288.106.
(d) After entering into a tax refund agreement as provided in s. 288.106, an eligible business may receive brownfield redevelopment bonus refunds from the account pursuant to s. 288.106(3)(c).
(e) An eligible business that fraudulently claims a refund under this section:
1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund, which shall be deposited into the General Revenue Fund.
2. Commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(f) The office shall review all applications submitted under s. 288.106 which indicate that the proposed project will be located in a brownfield and determine, with the assistance of the Department of Environmental Protection, that the project location is within a brownfield as provided in this act.
(g) The office shall approve all claims for a brownfield redevelopment bonus refund payment that are found to meet the requirements of paragraphs (b) and (d).
(h) The director, with such assistance as may be required from the office and the Department of Environmental Protection, shall specify by written final order the amount of the brownfield redevelopment bonus refund that is authorized for the qualified target industry business for the fiscal year within 30 days after the date that the claim for the annual tax refund is received by the office.
(i) The total amount of the bonus refunds approved by the director under this section in any fiscal year must not exceed the total amount appropriated to the Economic Development Incentives Account for this purpose for the fiscal year. In the event that the Legislature does not appropriate an amount sufficient to satisfy projections by the office for brownfield redevelopment bonus refunds under this section in a fiscal year, the office shall, not later than July 15 of such year, determine the proportion of each brownfield redevelopment bonus refund claim which shall be paid by dividing the amount appropriated for tax refunds for the fiscal year by the projected total of brownfield redevelopment bonus refund claims for the fiscal year. The amount of each claim for a brownfield redevelopment bonus tax refund shall be multiplied by the resulting quotient. If, after the payment of all such refund claims, funds remain in the Economic Development Incentives Account for brownfield redevelopment tax refunds, the office shall recalculate the proportion for each refund claim and adjust the amount of each claim accordingly.
(j) Upon approval of the brownfield redevelopment bonus refund, payment shall be made for the amount specified in the final order. If the final order is appealed, payment may not be made for a refund to the qualified target industry business until the conclusion of all appeals of that order.
(5) ADMINISTRATION.--
(a) The office is authorized to verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, the Department of Labor and Employment Security, or any local government or authority.
(b) To facilitate the process of monitoring and auditing applications made under this program, the office may provide a list of qualified target industry businesses to the Department of Revenue, to the Department of Labor and Employment Security, to the Department of Environmental Protection, or to any local government authority. The office may request the assistance of those entities with respect to monitoring the payment of the taxes listed in s. 288.106(3).
History.--s. 11, ch. 97-277; s. 8, ch. 98-75.
288.108 High-impact business.--
(1) LEGISLATIVE FINDINGS AND DECLARATIONS.--The Legislature finds that attracting, retaining, and providing favorable conditions for the growth of certain high-impact facilities provides widespread economic benefits to Florida citizens through high-quality employment opportunities in the facility and in related facilities attracted to Florida, through the increased tax base provided by the high-impact facility and its related sector businesses, through an enhanced entrepreneurial climate in the state and the resulting business and employment opportunities, and through the stimulation and enhancement of the state's universities and community colleges. It is the policy of this state to stimulate growth of these business sectors and the state economy by enhancing Florida's competitive position and encouraging the location of such major high-impact facilities in the state.
(2) DEFINITIONS.--As used in this section, the term:
(a) "Eligible high-impact business" means a business in one of the high-impact sectors identified by Enterprise Florida, Inc., and certified by the Office of Tourism, Trade, and Economic Development as provided in subsection (5), which is making a cumulative investment in the state of at least $100 million and creating at least 100 new full-time equivalent jobs in the state or a research and development facility making a cumulative investment of at least $75 million and creating at least 75 new full-time equivalent jobs. Such investment and employment must be achieved in a period not to exceed 3 years after the date the business is certified as a qualified high-impact business.
(b) "Qualified high-impact business" means a business in one of the high-impact sectors that has been certified by the office as a qualified high-impact business to receive a high-impact sector performance grant.
(c) "Office" means the Office of Tourism, Trade, and Economic Development.
(d) "Director" means the director of the Office of Tourism, Trade, and Economic Development.
(e) "Cumulative investment" means the total investment in buildings and equipment made by a qualified high-impact business since the beginning of construction of such facility.
(f) "Fiscal year" means the fiscal year of the state.
(g) "Jobs" means full-time equivalent positions, as such terms are consistent with terms used by the Department of Labor and Employment Security and the United States Department of Labor for purposes of unemployment compensation tax administration and employment estimation, resulting directly from a project in this state. This definition does not include temporary construction jobs involved in the construction of the project facility.
(h) "Commencement of operations" means that the qualified high-impact business has begun to actively operate the principal function for which the facility was constructed as determined by the office and specified in the qualified high-impact business agreement.
(i) "Research and development" means basic and applied research in science or engineering, as well as the design, development, and testing of prototypes or processes of new or improved products. Research and development does not mean market research, routine consumer product testing, sales research, research in the social sciences or psychology, nontechnological activities or technical services.
(3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE AMOUNTS.--
(a) Upon commencement of operations, a qualified high-impact business is eligible to receive a high-impact business performance grant in the amount as determined by the office under subsection (5), consistent with eligible amounts as provided in paragraph (b), and specified in the qualified high-impact business agreement. The precise conditions that are considered commencement of operations must be specified in the qualified high-impact business agreement.
(b) The office may, in consultation with Enterprise Florida, Inc., negotiate qualified high-impact business performance grant awards for any single qualified high-impact business. In negotiating such awards, the office shall consider the following guidelines in conjunction with other relevant applicant impact and cost information and analysis as required in subsection (5). A qualified high-impact business making a cumulative investment of $100 million and creating 100 jobs may be eligible for a total qualified high-impact business performance grant of $1 million to $2 million. A qualified high-impact business making a cumulative investment of $800 million and creating 800 jobs may be eligible for a qualified high-impact business performance grant of $10 million to $12 million. A qualified high-impact business, engaged in research and development, making a cumulative investment of $75 million and creating 75 jobs may be eligible for a total qualified high-impact business performance grant of $2 million to $3 million. A qualified high-impact business, engaged in research and development, making a cumulative investment of $150 million and creating 150 jobs may be eligible for a qualified high-impact business performance grant of $3.5 million to $4.5 million.
(c) Fifty percent of the performance grant awarded under subsection (5) must be paid to the qualified high-impact business upon certification by the business that operations have commenced.
(d) The balance of the performance grant award shall be paid to the qualified high-impact business upon the business's certification that full operations have commenced and that the full investment and employment goals specified in the qualified high-impact business agreement have been met and verified by the Office of Tourism, Trade, and Economic Development. The verification must occur not later than 60 days after the qualified high-impact business has provided the certification specified in this paragraph.
(e) The office may, upon a showing of reasonable cause for delay and significant progress toward the achievement of the investment and employment goals specified in the qualified high-impact business agreement, extend the date for commencement of operations, not to exceed an additional 2 years beyond the limit specified in paragraph (2)(a), but in no case may any high-impact sector performance grant payment be made to the business until the scheduled goals have been achieved.
(4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE GRANTS.--
(a) The total amount of active performance grants scheduled for payment by the office in any single fiscal year may not exceed the lesser of $30 million or the amount appropriated by the Legislature for that fiscal year for qualified high-impact business performance grants. If the scheduled grant payments are not made in the year for which they were scheduled in the qualified high-impact business agreement and are rescheduled as authorized in paragraph (3)(e), they are, for purposes of this paragraph, deemed to have been paid in the year in which they were originally scheduled in the qualified high-impact business agreement.
(b) If the Legislature does not appropriate an amount sufficient to satisfy the qualified high-impact business performance grant payments scheduled for any fiscal year, the office shall, not later than July 15 of that year, determine the proportion of each grant payment which may be paid by dividing the amount appropriated for qualified high-impact business performance grant payments for the fiscal year by the total performance grant payments scheduled in all performance grant agreements for the fiscal year. The amount of each grant scheduled for payment in that fiscal year must be multiplied by the resulting quotient. All businesses affected by this calculation must be notified by August 1 of each fiscal year. If, after the payment of all the refund claims, funds remain in the appropriation for payment of qualified high-impact business performance grants, the office shall recalculate the proportion for each performance grant payment and adjust the amount of each claim accordingly.
(5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.--
(a) Any eligible business, as defined in subsection (2), shall apply to Enterprise Florida, Inc., for consideration as a qualified high-impact business before the business has made a decision to locate or expand a facility in this state. The application, developed by the Office of Tourism, Trade, and Economic Development, in consultation with Enterprise Florida, Inc., must include, but is not limited to, the following information:
1. A complete description of the type of facility, business operations, and product or service associated with the project.
2. The number of full-time equivalent jobs that will be created by the project and the average annual wage of those jobs.
3. The cumulative amount of investment to be dedicated to this project within 3 years.
4. A statement concerning any special impacts the facility is expected to stimulate in the sector, the state, or regional economy and in state universities and community colleges.
5. A statement concerning the role the grant will play in the decision of the applicant business to locate or expand in this state.
6. Any additional information requested by Enterprise Florida, Inc., and the Office of Tourism, Trade, and Economic Development.
(b) Enterprise Florida, Inc., shall review each submitted application and inform the applicant business whether or not its application is complete within 10 working days. Once the application is deemed complete, Enterprise Florida, Inc., has 10 working days within which to evaluate the application and recommend approval or disapproval of the application to the director. In recommending an applicant business for approval, Enterprise Florida, Inc., shall include a recommended grant award amount in its evaluation forwarded to the office.
(c) Upon receipt of the evaluation and recommendation of Enterprise Florida, Inc., the director has 5 working days to enter a final order that either approves or disapproves an applicant business as a qualified high-impact business facility, unless the business requests an extension of the time. The final order shall specify the total amount of the qualified high-impact business facility performance grant award, the performance conditions that must be met to obtain the award, and the schedule for payment of the performance grant.
(d) The director and the qualified high-impact business shall enter into a performance grant agreement setting forth the conditions for payment of the qualified high-impact business performance grant. The agreement shall include the total amount of the qualified high-impact business facility performance grant award, the performance conditions that must be met to obtain the award, including the employment, average salary, investment, the methodology for determining if the conditions have been met, and the schedule of performance grant payments.
(6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.--
(a) Enterprise Florida, Inc., shall, at its discretion, initiate the process of selecting a new high-impact sector for designation or recommending the deactivation of a designated high-impact sector.
(b) The office has authority, only after recommendation from Enterprise Florida, Inc., to designate a high-impact sector or to deauthorize a designated high-impact sector.
(c) To begin the process of selecting and designating a new high-impact sector, Enterprise Florida, Inc., shall undertake a thorough study of the proposed sector. This study must consider the definition of the sector, including the types of facilities which characterize the sector that might qualify for a high-impact performance grant and whether a powerful incentive like the high-impact performance grant is needed to induce major facilities in the sector to locate or grow in this state; the benefits that major facilities in the sector have or could have on the state's economy and the relative significance of those benefits; the needs of the sector and major sector facilities, including natural, public, and human resources and benefits and costs with regard to these resources; the sector's current and future markets; the current fiscal and potential fiscal impacts of the sector, to both the state and its communities; any geographic opportunities or limitations with regard to the sector, including areas 1of the state most likely to benefit from the sector and areas unlikely to benefit from the sector; the state's advantages or disadvantages with regard to the sector; and the long-term expectations for the industry on a global level and in the state. If Enterprise Florida, Inc., finds favorable conditions for the designation of the sector as a high-impact sector, it shall include in the study recommendations for a complete and comprehensive sector strategy, including appropriate marketing and workforce strategies for the entire sector and any recommendations that Enterprise Florida, Inc., may have for statutory or policy changes needed to improve the state's business climate and to attract and grow Florida businesses, particularly small businesses, in the proposed sector. The study shall reflect the finding of the sector-business network specified in paragraph (d).
(d) In conjunction with the study required in paragraph (c), Enterprise Florida, Inc., shall develop and consult with a network of sector businesses. While this network may include non-Florida businesses, it must include any businesses currently within the state. If the number of Florida businesses in the sector is large, a representative cross section of Florida sector businesses may form the core of this network.
(e) The study and its findings and recommendations and the recommendations gathered from the sector-business network must be discussed and considered during at least one of the quarterly meetings required in 2s. 14.2015(2)(h).
(f) If after consideration of the completed study required in paragraph (c) and the input derived from consultation with the sector-business network in paragraph (d) and the quarterly meeting as required in paragraph (e), the board of directors of Enterprise Florida, Inc., finds that the sector will have exceptionally large and widespread benefits to the state and its citizens, relative to any public costs; that the sector is characterized by the types of facilities that require exceptionally large investments and provide employment opportunities to a relatively large number of workers in high-quality, high-income jobs that might qualify for a high-impact performance grant; and that given the competition for such businesses it may be necessary for the state to be able to offer a large inducement, such as a high-impact performance grant, to attract such a business to the state or to encourage businesses to continue to grow in the state, the board of directors of Enterprise Florida, Inc., may recommend that the office consider the designation of the sector as a high-impact business sector.
(g) Upon receiving a recommendation from the board of directors of Enterprise Florida, Inc., together with the study required in paragraph (c) and a summary of the findings and recommendations of the sector-business network required in paragraph (d), including a list of all meetings of the sector network and participants in those meetings and the findings and recommendations from the quarterly meeting as required in paragraph (e), the office shall after a thorough evaluation of the study and accompanying materials report its findings and either concur in the recommendation of Enterprise Florida, Inc., and designate the sector as a high-impact business sector or notify Enterprise Florida, Inc., that it does not concur and deny the board's request for designation or return the recommendation and study to Enterprise Florida, Inc., for further evaluation. In any case, the director's decision must be in writing and justify the reasons for the decision.
(h) If the office designates the sector as a high-impact sector, it shall, within 30 days, notify the Governor, the President of the Senate, and the Speaker of the House of Representatives of its decision and provide a complete report on its decision, including copies of the material provided by Enterprise Florida, Inc., and the Office of Tourism, Trade, and Economic Development's evaluation and comment on any statutory or policy changes recommended by Enterprise Florida, Inc.
(i) For the purposes of this subsection, a high-impact sector consists of the silicon technology sector that Enterprise Florida, Inc., has found to be focused around the type of high-impact businesses for which the incentive created in this subsection is required and will create the kinds of sector and economy wide benefits that justify the use of state resources to encourage these investments and require substantial inducements to compete with the incentive packages offered by other states and nations.
(7) REPORTING.--The office shall by December 1 of each year issue a complete and detailed report of all designated high-impact sectors, all applications received and their disposition, all final orders issued, and all payments made, including analyses of benefits and costs, types of projects supported, and employment and investments created. The report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report may be combined with the incentives report required in s. 288.095.
(8) RULEMAKING.--The office may adopt rules necessary to carry out the provisions of this section.
History.--s. 13, ch. 97-278.
1Note.--The word "of" was substituted for the word "for" by the editors.
2Note.--Redesignated as s. 14.2015(2)(f) by s. 3, ch. 97-278.
288.1162 Professional sports franchises; spring training franchises; duties.--
(1) The Office of Tourism, Trade, and Economic Development shall serve as the state agency for screening applicants for state funding pursuant to s. 212.20 and for certifying an applicant as a "facility for a new professional sports franchise," a "facility for a retained professional sports franchise," or a "new spring training franchise facility."
(2) The Office of Tourism, Trade, and Economic Development shall develop rules for the receipt and processing of applications for funding pursuant to s. 212.20.
(3) As used in this section:
(a) "New professional sports franchise" means a professional sports franchise that is not based in this state prior to April 1, 1987.
(b) "Retained professional sports franchise" means a professional sports franchise that has had a league-authorized location in this state on or before December 31, 1976, and has continuously remained at that location, and has never been located at a facility that has been previously certified under any provision of this section.
(4) Prior to certifying an applicant as a "facility for a new professional sports franchise" or a "facility for a retained professional sports franchise," the Office of Tourism, Trade, and Economic Development must determine that:
(a) A "unit of local government" as defined in s. 218.369 is responsible for the construction, management, or operation of the professional sports franchise facility or holds title to the property on which the professional sports franchise facility is located.
(b) The applicant has a verified copy of a signed agreement with a new professional sports franchise for the use of the facility for a term of at least 10 years, or in the case of a retained professional sports franchise, an agreement for use of the facility for a term of at least 20 years.
(c) The applicant has a verified copy of the approval from the governing authority of the league in which the new professional sports franchise exists authorizing the location of the professional sports franchise in this state after April 1, 1987, or in the case of a retained professional sports franchise, verified evidence that it has had a league-authorized location in this state on or before December 31, 1976. The term "league" means the National League or the American League of Major League Baseball, the National Basketball Association, the National Football League, or the National Hockey League.
(d) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, which demonstrate that the new or retained professional sports franchise will attract a paid attendance of more than 300,000 annually.
(e) The applicant has an independent analysis or study, verified by the Office of Tourism, Trade, and Economic Development, which demonstrates that the amount of the revenues generated by the taxes imposed under chapter 212 with respect to the use and operation of the professional sports franchise facility will equal or exceed $2 million annually.
(f) The municipality in which the facility for a new or retained professional sports franchise is located, or the county if the facility for a new or retained professional sports franchise is located in an unincorporated area, has certified by resolution after a public hearing that the application serves a public purpose.
(g) The applicant has demonstrated that it has provided, is capable of providing, or has financial or other commitments to provide more than one-half of the costs incurred or related to the improvement and development of the facility.
(h) No applicant previously certified under any provision of this section who has received funding under such certification shall be eligible for an additional certification.
(5) As used in this section, "new spring training franchise" means a spring training franchise that is not based in this state prior to July 1, 1990.
(6) Prior to certifying an applicant as a "new spring training franchise facility," the Office of Tourism, Trade, and Economic Development must determine that:
(a) A "unit of local government" as defined in s. 218.369 is responsible for the construction, management, or operation of the new spring training franchise facility or holds title to the property on which the new spring training franchise facility is located.
(b) The applicant has a verified copy of a signed agreement with a new spring training franchise for the use of the facility for a term of at least 15 years.
(c) The applicant has a financial commitment to provide 50 percent or more of the funds required by an agreement for the use of the facility by the new spring training franchise.
(d) The proposed facility for the new spring training franchise is located within 20 miles of an interstate or other limited-access highway system.
(e) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, which demonstrate that the new spring training franchise facility will attract a paid attendance of at least 50,000 annually.
(f) The new spring training franchise facility is located in a county that is levying a tourist development tax pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate of 4 percent by March 1, 1992, and, 87.5 percent of the proceeds from such tax are dedicated for the construction of a spring training complex.
(7) An applicant certified as a facility for a new professional sports franchise or a facility for a retained professional sports franchise or as a new spring training franchise facility may use funds provided pursuant to s. 212.20 only for the public purpose of paying for the construction, reconstruction, or renovation of a facility for a new professional sports franchise, a facility for a retained professional sports franchise, or a new spring training franchise facility or to pay or pledge for the payment of debt service on, or to fund debt service reserve funds, arbitrage rebate obligations, or other amounts payable with respect to, bonds issued for the construction, reconstruction, or renovation of such facility or for the reimbursement of such costs or the refinancing of bonds issued for such purposes.
(8) The Office of Tourism, Trade, and Economic Development shall notify the Department of Revenue of any facility certified as a facility for a new professional sports franchise or a facility for a retained professional sports franchise or as a new spring training franchise facility. The Office of Tourism, Trade, and Economic Development may certify no more than eight facilities as facilities for a new professional sports franchise, as facilities for a retained professional sports franchise, or as new spring training franchise facilities, including in such total any facilities certified by the 1Department of Commerce before July 1, 1996. The office may make no more than one certification for any facility.
(9) The Department of Revenue may audit as provided in s. 213.34 to verify that the distributions pursuant to this section have been expended as required in this section. Such information is subject to the confidentiality requirements of chapter 213. If the Department of Revenue determines that the distributions pursuant to this section have not been expended as required by this section, it may pursue recovery of such funds pursuant to the laws and rules governing the assessment of taxes.
(10) An applicant shall not be qualified for certification under this section if the franchise formed the basis for a previous certification, unless the previous certification was withdrawn by the facility or invalidated by the Office of Tourism, Trade, and Economic Development or the 1Department of Commerce before any funds were distributed pursuant to s. 212.20. This subsection does not disqualify an applicant if the previous certification occurred between May 23, 1993, and May 25, 1993; however, any funds to be distributed pursuant to s. 212.20 for the second certification shall be offset by the amount distributed to the previous certified facility. Distribution of funds for the second certification shall not be made until all amounts payable for the first certification have been distributed.
History.--s. 2, ch. 88-226; s. 3, ch. 89-217; s. 49, ch. 89-356; s. 3, ch. 91-274; s. 35, ch. 94-338; s. 2, ch. 95-304; s. 45, ch. 96-320; s. 32, ch. 97-99.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.1166 Professional sports facility; designation as shelter site for the homeless; establishment of local programs.--Any professional sports facility constructed with financial assistance from the State of Florida shall be designated as a shelter site for the homeless in accordance with the criteria of locally existing homeless shelter programs, except when the facility is otherwise contractually obligated for a specific event or activity. Should a local program not be in existence in the facility's area, such program shall be established in accordance with normally accepted criteria as defined by the county or its designee.
History.--s. 8, ch. 88-226.
288.1167 Sports franchise contract provisions for food and beverage concession and contract awards to minority business enterprises.--Any applicant who receives funding pursuant to the provisions of s. 212.20 must demonstrate that:
(1) Funds and facilities with respect to food and beverage and related concessions shall be awarded to minority business enterprises as defined in s. 288.703 on the same terms and conditions as the general food and beverage concessionaire and in accordance with the minority business enterprise procurement goals set forth in 1s. 287.0945;
(2) At least 15 percent of a company contracted to manage a professional sports franchise facility or a spring training franchise facility is owned by minority business enterprises or by a minority person as those terms are defined in s. 288.703; or
(3) At least 15 percent of all operational service contracts with a professional sports franchise facility or a spring training franchise facility are awarded to minority business enterprises or to a minority person as those terms are defined in s. 288.703.
History.--s. 10, ch. 88-226; s. 13, ch. 91-162; s. 4, ch. 91-274; s. 20, ch. 94-322.
1Note.--Repealed by s. 27, ch. 96-320. Section 287.0945(9), created by s. 1, ch. 96-412, was redesignated by the reviser as s. 373.607.
288.1168 Professional golf hall of fame facility; duties.--
(1) The 1Department of Commerce shall serve as the state agency for screening applicants for state funding pursuant to s. 212.20 and for certifying one applicant as the professional golf hall of fame facility in the state.
(2) Prior to certifying the professional golf hall of fame facility, the 1Department of Commerce must determine that:
(a) The professional golf hall of fame facility is the only professional golf hall of fame in the United States recognized by the PGA Tour, Inc.
(b) The applicant is a unit of local government as defined in s. 218.369 or a private sector group that has contracted to construct or operate the professional golf hall of fame facility on land owned by a unit of local government.
(c) The municipality in which the professional golf hall of fame facility is located, or the county if the facility is located in an unincorporated area, has certified by resolution after a public hearing that the application serves a public purpose.
(d) There are existing projections that the professional golf hall of fame facility will attract a paid attendance of more than 300,000 annually.
(e) There is an independent analysis or study, using methodology approved by the 1department, which demonstrates that the amount of the revenues generated by the taxes imposed under chapter 212 with respect to the use and operation of the professional golf hall of fame facility will equal or exceed $2 million annually.
(f) The applicant has submitted an agreement to provide $2 million annually in national and international media promotion of the professional golf hall of fame facility, Florida, and Florida tourism, through the PGA Tour, Inc., or its affiliates, at the then-current commercial rate, during the period of time that the facility receives funds pursuant to s. 212.20. The Office of Tourism, Trade, and Economic Development and the PGA Tour, Inc., or its affiliates, must agree annually on a reasonable percentage of advertising specifically allocated for generic Florida advertising. The Office of Tourism, Trade, and Economic Development shall have final approval of all generic advertising. Failure on the part of the PGA Tour, Inc., or its affiliates to annually provide the advertising as provided in this paragraph or subsection (6) shall result in the termination of funding as provided in s. 212.20.
(g) Documentation exists that demonstrates that the applicant has provided, is capable of providing, or has financial or other commitments to provide more than one-half of the costs incurred or related to the improvement and development of the facility.
(h) The application is signed by an official senior executive of the applicant and is notarized according to Florida law providing for penalties for falsification.
(3) The applicant may use funds provided pursuant to s. 212.20 for the public purpose of paying for the construction, reconstruction, renovation, or operation of the professional golf hall of fame facility, or to pay or pledge for payment of debt service on, or to fund debt service reserve funds, arbitrage rebate obligations, or other amounts payable with respect to, bonds issued for the construction, reconstruction, or renovation of the facility or for the reimbursement of such costs or the refinancing of bonds issued for such purpose.
(4) Upon determining that an applicant is or is not certifiable, the Secretary of 1Commerce shall notify the applicant of his or her status by means of an official letter. If certifiable, the 2secretary shall notify the executive director of the Department of Revenue and the applicant of such certification by means of an official letter granting certification. From the date of such certification, the applicant shall have 5 years to open the professional golf hall of fame facility to the public and notify the Office of Tourism, Trade, and Economic Development of such opening. The Department of Revenue shall not begin distributing funds until 30 days following notice by the Office of Tourism, Trade, and Economic Development that the professional golf hall of fame facility is open to the public.
(5) The Department of Revenue may audit as provided in s. 213.34 to verify that the distributions under this section have been expended as required by this section.
(6) The Office of Tourism, Trade, and Economic Development must recertify every 10 years that the facility is open, continues to be the only professional golf hall of fame in the United States recognized by the PGA Tour, Inc., and is meeting the minimum projections for attendance or sales tax revenue as required at the time of original certification. If the facility is not certified as meeting the minimum projections, the PGA Tour, Inc., shall increase its required advertising contribution of $2 million annually to $2.5 million annually in lieu of reduction of any funds as provided by s. 212.20. The additional $500,000 must be allocated in its entirety for the use and promotion of generic Florida advertising as determined by the Office of Tourism, Trade, and Economic Development. If the facility is not open to the public or is no longer in use as the only professional golf hall of fame in the United States recognized by the PGA Tour, Inc., the entire $2.5 million for advertising must be used for generic Florida advertising as determined by the Office of Tourism, Trade, and Economic Development.
History.--s. 2, ch. 93-233; s. 221, ch. 95-148; s. 34, ch. 95-196; s. 5, ch. 95-420; s. 4, ch. 96-221; s. 46, ch. 96-320; s. 137, ch. 96-406; s. 33, ch. 97-99.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
2Note.--Secretary of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.1169 International Game Fish Association World Center facility; 1department duties.--
(1) The 1Department of Commerce shall serve as the state agency approving applicants for funding pursuant to s. 212.20 and for certifying the applicant as the International Game Fish Association World Center facility. For purposes of this section, "facility" means the International Game Fish Association World Center, and "project" means the International Game Fish Association World Center and new colocated improvements by private sector concerns who have made cash or in-kind contributions to the facility of $1 million or more.
(2) Prior to certifying this facility, the 1department must determine that:
(a) The International Game Fish Association World Center is the only fishing museum, Hall of Fame, and international administrative headquarters in the United States recognized by the International Game Fish Association, and that one or more private sector concerns have committed to donate to the International Game Fish Association land upon which the International Game Fish Association World Center will operate.
(b) International Game Fish Association is a not-for-profit Florida corporation that has contracted to construct and operate the facility.
(c) The municipality in which the facility is located, or the county if the facility is located in an unincorporated area, has certified by resolution after a public hearing that the facility serves a public purpose.
(d) There are existing projections that the International Game Fish Association World Center facility and the colocated facilities of private sector concerns will attract an attendance of more than 1.8 million annually.
(e) There is an independent analysis or study, using methodology approved by the 1department, which demonstrates that the amount of the revenues generated by the taxes imposed under chapter 212 with respect to the use and operation of the project will exceed $1 million annually.
(f) There are existing projections that the project will attract more than 300,000 persons annually who are not residents of the state.
(g) The applicant has submitted an agreement to provide $500,000 annually in national and international media promotion of the facility, at the then-current commercial rates, during the period of time that the facility receives funds pursuant to s. 212.20. Failure on the part of the applicant to annually provide the advertising as provided in this paragraph shall result in the termination of the funding as provided in s. 212.20. The applicant can discharge its obligation under this paragraph by contracting with other persons, including private sector concerns who participate in the project.
(h) Documentation exists that demonstrates that the applicant has provided, and is capable of providing, or has financial or other commitments to provide, more than one-half of the cost incurred or related to the improvements and the development of the facility.
(i) The application is signed by senior officials of the International Game Fish Association and is notarized according to Florida law providing for penalties for falsification.
(3) The applicant may use funds provided pursuant to s. 212.20 for the purpose of paying for the construction, reconstruction, renovation, promotion, or operation of the facility, or to pay or pledge for payment of debt service on, or to fund debt service reserve funds, arbitrage rebate obligations, or other amounts payable with respect to, bonds issued for the construction, reconstruction, or renovation of the facility or for the reimbursement of such costs or by refinancing of bonds issued for such purposes.
(4) Upon determining that an applicant is or is not certifiable, the 1Department of Commerce shall notify the applicant of its status by means of an official letter. If certifiable, the 1Department of Commerce shall notify the executive director of the Department of Revenue and the applicant of such certification by means of an official letter granting certification. From the date of such certification, the applicant shall have 5 years to open the facility to the public and notify the 1Department of Commerce of such opening. The Department of Revenue shall not begin distributing funds until 30 days following notice by the 1Department of Commerce that the facility is open to the public.
(5) The Department of Revenue may audit as provided in s. 213.34 to verify that the contributions pursuant to this section have been expended as required by this section.
(6) The 1Department of Commerce must recertify every 10 years that the facility is open, that the International Game Fish Association World Center continues to be the only international administrative headquarters, fishing museum, and Hall of Fame in the United States recognized by the International Game Fish Association, and that the project is meeting the minimum projections for attendance or sales tax revenues as required at the time of original certification. If the facility is not recertified during this 10-year review as meeting the minimum projections, then funding will be abated until certification criteria are met. If the project fails to generate $1 million of annual revenues pursuant to paragraph (2)(e), the distribution of revenues pursuant to s. 212.20(6)(g)5.c. shall be reduced to an amount equal to $83,333 multiplied by a fraction, the numerator of which is the actual revenues generated and the denominator of which is $1 million. Such reduction shall remain in effect until revenues generated by the project in a 12-month period equal or exceed $1 million.
History.--s. 2, ch. 96-415.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.1185 Recycling Markets Advisory Committee.--
(1) There is created the Recycling Markets Advisory Committee, hereinafter referred to as the "committee," to be administratively housed in the Office of Tourism, Trade, and Economic Development. The purpose of the committee shall be to serve as the mechanism for coordination among state agencies and the private sector to coordinate policy and overall strategic planning for developing new markets and expanding and enhancing existing markets for recovered materials. The committee may not duplicate or replace agency programs, but shall enhance, coordinate, and recommend priorities for those programs.
(2)(a) The committee shall consist of 12 members, 10 of whom shall be appointed by the Governor, each of whom is or has been actively engaged in the recycling industry or a related business area, including the use of product packaging materials, or is a local government official with a demonstrated knowledge of recycling; a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, who shall serve without voting rights as an ex officio member of the committee; and a member of the Senate to be appointed by the President of the Senate, who shall serve without voting rights as an ex officio member of the committee.
(b) Members of the committee shall be appointed within 60 days after this section takes effect.
(c) A chairperson shall be appointed by the Governor from among the members of the committee.
(d) The committee shall meet at the call of its chairperson or at the request of a majority of its membership, but at least biannually. A majority of the members shall constitute a quorum, and the affirmative vote of a majority of a quorum is necessary to take official action.
(e) Members of the committee shall serve without compensation but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061.
(f) The committee may appoint ad hoc committees, which may include persons who are not members of the committee, to study recycled materials market development problems and issues and advise the committee on these subjects. Ad hoc committee members may be reimbursed for per diem and travel expenses as provided in s. 112.061.
(g) The Office of Tourism, Trade, and Economic Development shall coordinate with agencies listed in paragraph (3)(a) to provide support as necessary to enable the committee to adequately carry out its functions.
(3)(a) The heads of the Department of Transportation, the Department of Environmental Protection, the Department of Management Services, the Department of Agriculture and Consumer Services, the Florida Energy Office, and the Governor shall each designate a staff member from within the agency to serve as the recycling market development liaison for the agency. This person shall have knowledge of recycling and the issues and problems related to recycling and recycled materials market development. This person shall be the primary point of contact for the agency on issues related to recycled materials market development. These liaisons shall be available for committee meetings and shall work closely with the committee and other recycling market development liaisons to further the goals of the committee, as appropriate.
(b) Within 60 days of May 12, 1993, and whenever it is necessary to change the designee, the head of each agency shall notify the Governor in writing of the person designated as the recycling market development liaison for such agency.
(4)(a) By October 1, 1993, the committee shall develop a plan to set goals and provide direction for developing new markets and expanding and enhancing existing markets for recovered materials.
(b) In developing the plan and any needed legislation, the committee shall consider:
1. Developing new markets and expanding and enhancing existing markets for recovered materials.
2. Pursuing expanded end uses for recycled materials.
3. Targeting materials for concentrated market development efforts.
4. Developing proposals for new incentives for market development, particularly focusing on targeted materials.
5. Providing guidance on issues such as permitting, finance options for recycling market development, site location, research and development, grant program criteria for recycled materials markets, recycling markets education and information, and minimum content.
6. Coordinating the efforts of various government entities with market development responsibilities.
7. Evaluating the need for competitively solicited, cooperative ventures in rural areas for collecting, processing, marketing, and procuring collected materials.
8. Evaluating source-reduced products as they relate to state procurement policy. The evaluation shall include, but is not limited to, the environmental and economic impact of source-reduced product purchases on the state. For the purposes of this section, "source-reduced" means any method, process, product, or technology which significantly or substantially reduces the volume or weight of a product while providing, at a minimum, equivalent or generally similar performance and service to and for the users of such materials.
(5) By November 1 of each year, beginning in 1994, the committee shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives a complete and detailed report setting forth in appropriate detail the operations and accomplishments of the committee and the activities of existing agencies and programs in support of the goals established by the committee, including any recommendations for statutory changes.
(6) In order to support the functions of the committee, the Office of Tourism, Trade, and Economic Development may hire staff or contract with other agencies for staff support and enter into contracts for support, research, planning, evaluation, and communication and promotion services.
History.--s. 5, ch. 93-207; s. 117, ch. 94-356; s. 47, ch. 96-320.
288.122 Tourism Promotional Trust Fund.--There is created within the Office of Tourism, Trade, and Economic Development of the Executive Office of the Governor the Tourism Promotional Trust Fund. Moneys deposited in the Tourism Promotional Trust Fund shall only be used to support the authorized activities and operations of the Florida Commission on Tourism, and to support tourism promotion and marketing activities, services, functions, and programs administered by the Florida Commission on Tourism through a contract with the commission's direct-support organization created under s. 288.1226.
History.--s. 1, ch. 80-234; s. 12, ch. 88-201; s. 8, ch. 91-218; s. 23, ch. 95-430; s. 48, ch. 96-320.
Note.--Former s. 288.342.
288.1221 Legislative intent.--
(1) It is the intent of the Legislature to establish a public-private partnership to provide policy direction to and technical expertise in the promotion and marketing of the state's tourism attributes. The Legislature further intends to authorize this partnership to recommend the tenets of an industry standard 5-year marketing plan for an annual marketing plan for tourism promotion and recommend a comparable organizational structure to carry out such a plan. The Legislature intends to have such a plan funded by that portion of the rental car surcharge annually dedicated to the Tourism Promotional Trust Fund, pursuant to s. 212.0606, and by the tourism industry. The Legislature intends that the exercise of this authority by the public-private partnership shall take into consideration the recommendations made to the 1992 Legislature in the report submitted by the 1Florida Tourism Commission created pursuant to chapter 91-31, Laws of Florida.
(2) Further, it is the intent of the Legislature to mobilize all the available resources of Florida's vital tourism industry in a state-sponsored public-private partnership to promote and enhance Florida tourism. The state's consistent, clearly articulated, and long-standing policy has been to promote collective action by state and local government authorities and the various representatives of the tourist industry to upgrade the image of Florida as a quality destination and to assure, to the maximum extent possible, that the benefits of such collective action are extended equitably throughout the state. To carry out the implementation of this policy, the Legislature finds that it is in the public interest to maintain the Florida Commission on Tourism under the aegis of the Executive Office of the Governor to focus and provide state supervision of ongoing collective action to promote Florida tourism. The Legislature further finds that it is in the public interest for activities in promotion and support of Florida tourism to be carried out by a private sector, direct-support organization created expressly for such purpose as the Florida Tourism Industry Marketing Corporation. By creating this public-private partnership, it is the intent of the Legislature to coordinate existing private and public-funded tourism promotional activities in a cost-effective manner to avoid waste and duplication in these activities while achieving the maximum public benefit from all expenditures that directly and indirectly support Florida tourism.
History.--s. 1, ch. 92-299; s. 49, ch. 96-320; s. 40, ch. 97-100.
1Note.--Section 288.812, as amended by s. 6, ch. 91-31, creating the Florida Tourism Commission, was repealed by s. 9, ch. 95-145.
288.1222 Definitions.--For the purposes of ss. 288.017, 1288.121-288.1226, and 288.124, the term:
(1) "Tourism promotion" means any marketing efforts exercised to attract domestic and international visitors from outside the state to destinations in Florida and to stimulate Florida resident tourism to areas within the state.
(2) "Tourist" means any person who participates in trade or recreation activities outside the 2country of his or her permanent residence or who rents or leases transient living quarters or accommodations as described in s. 125.0104(3)(a).
(3) "Commission" means the Florida Commission on Tourism.
(4) "County destination marketing organization" means a public or private agency that is funded by local option tourist development tax revenues under s. 125.0104, or local option convention development tax revenues under s. 212.0305, and is officially designated by a county commission to market and promote the area for tourism or convention business or, in any county which has not levied such taxes, a public or private agency that is officially designated by the county commission to market and promote the area for tourism or convention business.
(5) "Direct-support organization" means the Florida Tourism Industry Marketing Corporation.
History.--s. 2, ch. 92-299; s. 50, ch. 96-320.
1Note.--Section 288.121 was repealed by s. 154, ch. 96-320.
2Note.--As amended by s. 50, ch. 96-320. Before voting on C.S. for C.S. for S.B. 958, which became ch. 96-320, the Senate adopted Amendment 1C to delete the word "country" and insert "county" in s. 288.1222(2) (see Journal of the Senate 1995, p. 1075). When C.S. for C.S. for S.B. 958 went to the House of Representatives for consideration, House Amendment 1 struck everything and replaced it (see Journal of the House of Representatives 1995, p. 2246). Section 288.1222(2), as incorporated in that amendment, uses "country" (see Journal of the House of Representatives 1995, p. 2271), and that version was passed by the House and concurred in by the Senate.
288.1223 Florida Commission on Tourism; creation; purpose; membership.--
(1) There is created within the Office of Tourism, Trade, and Economic Development the Florida Commission on Tourism. The purpose of the commission is to oversee this state's efforts to increase the positive impact of tourism, including increased employment for state citizens, to all sectors of the economy through effective marketing activities; to continually upgrade the image of Florida as a quality destination; to promote tourism objectives with all geographic, socioeconomic, and community sectors considered equitably; and to judge its efforts by the same standards of accountability and integrity as those used by successful, respected private sector businesses.
(2)(a) The commission shall consist of 17 general tourism-industry-related members appointed by the Governor, subject to confirmation by the Senate, and 11 additional tourism-industry-related members, appointed by the Governor no later than July 31, 1996, including 3 representatives from the statewide rental car industry, 3 representatives from tourist-related statewide associations, including those that represent hotels, campgrounds, and attractions, 3 representatives from county destination marketing organizations, 1 representative from the cruise industry, and 1 representative from the airline industry, who will each serve for a term of 2 years, the Governor, and 2 additional ex officio members, who will serve for a term of 2 years, appointed no later than July 31, 1996, including a member of the Senate appointed by the President of the Senate and a member of the House of Representatives appointed by the Speaker of the House of Representatives.
(b) When making the 17 general tourism-industry-related appointments to the commission, the Governor shall appoint persons who are residents of the state, recognized tourism leaders, including, but not limited to, representatives of tourist development councils, convention and visitor bureaus, and associations, and chairs of the board, presidents, chief executive officers, chief operating officers, or persons of comparable executive level or influence of leading or otherwise important tourism industries. Consideration shall be given to appointing members who represent those tourist-related lodging, retail, attraction, and transportation industries which contribute significantly to the promotion of Florida as a tourist destination from their private budgets and publicly through their voluntary tourism promotion investment contributions. Minority persons, as defined in s. 288.703, shall be included in the appointments to the commission and to any advisory committee appointed by the commission, so that the commission and advisory committees are broadly representative of the population of Florida. In addition, members shall be appointed in such a manner as to equitably represent all geographic areas of the state, with no fewer than two and no more than four members from any of the following regions:
1. Region 1, composed of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
2. Region 2, composed of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee, Taylor, and Union Counties.
3. Region 3, composed of Brevard, Indian River, Lake, Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and Volusia Counties.
4. Region 4, composed of Citrus, Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
5. Region 5, composed of Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, and Lee Counties.
6. Region 6, composed of Broward, Dade, Martin, Monroe, and Palm Beach Counties.
No more than one member may be an employee of any one company, organization, council, or bureau.
(c) The 17 general tourism-industry-related members of the commission shall be appointed no later than 60 days after July 2, 1992.
(d) Initially, of the 17 general tourism-industry-related members, the Governor shall appoint 7 members for terms of 4 years, 5 members for terms of 2 years, and 5 members for terms of 1 year. Thereafter, after receiving recommendations from the Florida Commission on Tourism, the Governor shall appoint all members for terms of 4 years. Any vacancy shall be filled for the unexpired portion of the term by a person possessing the proper qualifications and shall reflect the proper balance of representation described in paragraph (b).
(e) General tourism-industry-related members shall be limited to two 4-year full consecutive terms.
(f) The commission shall hold its first meeting no later than September 1992 and must meet at least quarterly. A majority of the members shall constitute a quorum for the purpose of conducting business.
(g) The Governor shall serve as chair of the commission. The commission shall biennially elect one of its tourism-industry-related members as vice chair, who shall preside in the absence of the chair.
(h) The commission may appoint advisory committees, representing each of the six regions named in this section, and any other advisory committees the commission deems appropriate, which may include members from outside the commission to study special problems or issues and advise the commission on those subjects. The commission may also establish an executive committee comprised of nine members recommended by the vice chair and appointed by the chair. The operating procedures of such committees shall be established by the commission.
(i) The members of the commission shall serve without compensation but will be entitled to per diem and travel expenses pursuant to s. 112.061 while in the performance of their duties.
(j) Each member of the commission shall file full and public disclosure of financial interests at the times and places and in the same manner required of elected constitutional officers under s. 8, Art. II of the State Constitution and any law implementing that provision.
History.--s. 3, ch. 92-299; s. 223, ch. 95-148; s. 51, ch. 96-320.
288.1224 Powers and duties.--The commission:
(1) Notwithstanding the provisions of part I of chapter 287, upon the approval of the Office of Tourism, Trade, and Economic Development, shall contract, no later than December 31, 1996, with a direct-support organization incorporated as a private, not-for-profit corporation, as defined in s. 501(c)(6) of the Internal Revenue Code of 1986, as amended, to execute the tourism marketing and promotion services, functions, and programs for this state including, but not limited to, the activities prescribed by the 4-year marketing plan. The Office of Tourism, Trade, and Economic Development shall review such contract in an expedient manner and shall timely make any recommendations so as to allow for the date of the contract to be met. The commission shall serve as contract administrator.
(2) Shall advise the Office of Tourism, Trade, and Economic Development and the direct-support organization regarding the domestic and international tourism promotion programs for this state.
(3) Shall be responsible for the prudent use of all public and private funds and shall ensure that the use of such funds is in accordance with all applicable laws, bylaws, and contractual requirements.
(4)(a) Shall, no later than December 31, 1996, recommend the tenets of a 4-year marketing plan to sustain tourism growth, which plan shall be annual in construction and ongoing in nature. The initial plan shall use as its model the marketing plan recommended by the 1Florida Tourism Commission, created pursuant to chapter 91-31, Laws of Florida, and presented to the Legislature. Any annual revisions of such a plan shall carry forward the concepts of the remaining 3-year portion of that plan and consider a continuum portion to preserve the 4-year timeframe of the plan. Such plan shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader no later than January 1, 1997.
(b) The plan shall include an emergency response component and research designs.
(c) The plan shall include provisions for the direct-support organization to reach the targeted one-to-one match of private to public contributions within a period of 4 calendar years after the implementation date of the plan.
(d) The plan shall include recommendations regarding specific performance standards and measurable outcomes. By July 1, 1997, the Florida Commission on Tourism, in consultation with the Office of Program Policy Analysis and Government Accountability, shall establish performance-measure outcomes for the commission and its direct-support organization. The commission, in consultation with the Office of Program Policy Analysis and Government Accountability, shall develop a plan for monitoring its operations to ensure that performance data are maintained and supported by records of the organization.
(e) Prior to the 2000 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct a review of, and prepare a report on, the Florida Commission on Tourism and its direct-support organization. The review shall be comprehensive in its scope, but, at a minimum, must be conducted in such a manner as to specifically determine:
1. The progress toward achieving the established outcomes.
2. The circumstances contributing to the organization's ability to achieve, not achieve, or exceed its established outcomes.
3. Whether it would be sound public policy to continue or discontinue funding the organization, and the consequences of discontinuing the organization.
The report shall be submitted by January 1, 2000, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(f) Prior to the 2003 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct another review of the Florida Commission on Tourism and its direct-support organization, using the criteria prescribed in paragraph (e). The report shall be submitted by January 1, 2003, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(5) Shall develop an operational structure for implementation no later than December 31, 1996, to carry out the marketing plan recommended by the commission pursuant to this section.
(6) May appear on its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government.
(7) In the performance of its duties, may undertake or commission marketing research and advertising research studies.
(a) The identity of any person who responds to a marketing or advertising research project conducted pursuant to this subsection, and trade secrets, as defined by s. 812.081, obtained pursuant to such research, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Any person who violates the provisions of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(8) Shall consult with tourism industry leaders, appropriate members of the legislative and executive branches, and others the commission deems necessary to identify and recommend to the Legislature by December 31, 1996, additional funding sources as may be required to fulfill the long-range objectives of the commission's marketing plan.
(9) Shall develop a budget, in conjunction with the Office of Tourism, Trade, and Economic Development, and in keeping with the commission's 4-year marketing plan, for the operation and activities of the commission and for the provision of tourism promotion programs, services, and functions through a contract with a direct-support organization created for such purposes. The budget shall be submitted to the Governor.
(10) Is authorized to establish and operate tourism offices in foreign countries in the execution of its responsibilities for promoting the development of tourism. To facilitate the performance of these responsibilities, the commission is authorized to contract with the commission's direct-support organization to establish and administer such offices. Where feasible, appropriate, and recommended by the 4-year marketing plan, the commission may collocate the programs of foreign tourism offices in cooperation with any foreign office operated by any agency of this state.
(a) The commission, or its direct-support organization, may enter into agreements necessary to establish and operate an office in a foreign country containing provisions which may be in conflict with general laws of the state pertaining to the purchase of office space, employment of personnel, and contracts for services. When agreements pursuant to this section are made which set compensation in foreign currency, such agreements shall be subject to the requirements of s. 215.425, but the purchase of foreign currency by the commission, or its direct-support organization, to meet such obligations shall be subject only to s. 216.311.
(b) The Florida Commission on Tourism, or its direct-support organization, in connection with the establishment, operation, and management of any of its tourism offices located in a foreign country, is exempt from the provisions of ss. 255.21, 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 and 283.35 relating to bids for printing; ss. 287.001-287.20 relating to purchasing and motor vehicles; and ss. 282.003-282.111 relating to communications, and from all statutory provisions relating to state employment, if the laws, administrative code, or business practices or customs of the foreign country, or political or administrative subdivision thereof, in which such office is located are in conflict with these provisions.
(11) Shall create an advisory committee of the commission which shall be charged with developing a regionally based plan to protect and promote all of the natural, coastal, historical, cultural, and commercial tourism assets of this state.
(a) Members of the advisory committee shall be appointed by the chair of the commission and shall include representatives of the commission, the Departments of Agriculture, Environmental Protection, Community Affairs, Transportation, and State, the Florida Greenways Coordinating Council, the Florida Game and Freshwater Fish Commission, and, as deemed appropriate by the chair of the commission, representatives from other federal, state, regional, local, and private sector associations representing environmental, historical, cultural, recreational, and tourism-related activities.
(b) The advisory committee shall submit its plan to the commission by December 1, 1997.
(c) The commission shall review and make recommendations on the plan, including recommending any legislation considered necessary for implementing the plan, to the Legislature by January 1, 1998.
History.--s. 4, ch. 92-299; s. 2, ch. 95-368; s. 52, ch. 96-320; s. 139, ch. 96-406; s. 4, ch. 96-418.
1Note.--Section 288.812, as amended by s. 6, ch. 91-31, creating the Florida Tourism Commission, was repealed by s. 9, ch. 95-145.
288.1226 Florida Tourism Industry Marketing Corporation; use of property; board of directors; duties; audit.--
(1) DEFINITIONS.--For the purposes of this section, the term "corporation" means the Florida Tourism Industry Marketing Corporation.
(2) ESTABLISHMENT.--The Florida Commission on Tourism shall establish, no later than July 31, 1996, the Florida Tourism Industry Marketing Corporation as a direct-support organization:
(a) Which is a corporation not for profit, as defined in s. 501(c)(6) of the Internal Revenue Code of 1986, as amended, that is incorporated under the provisions of chapter 617 and approved by the Department of State.
(b) Which is organized and operated exclusively to request, receive, hold, invest, and administer property and to manage and make expenditures for the operation of the activities, services, functions, and programs of this state which relate to the statewide, national, and international promotion and marketing of tourism.
(c) Which the Florida Commission on Tourism and the Office of Tourism, Trade, and Economic Development, after review, have certified whether it is operating in a manner consistent with the policies and goals of the commission and its long-range marketing plan.
(d) Which shall not be considered an agency for the purposes of chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254, relating to leasing of buildings; ss. 283.33 and 283.35, relating to bids for printing; s. 215.31; and parts I, II, and IV through VIII of chapter 112.
(e) Which shall be subject to the provisions of chapter 119, relating to public meetings, and those provisions of chapter 286 relating to public meetings and records.
(3) USE OF PROPERTY.--The commission:
(a) Is authorized to permit the use of property and facilities of the commission by the corporation, subject to the provisions of this section.
(b) Shall prescribe conditions with which the corporation must comply in order to use property and facilities of the commission. Such conditions shall provide for budget and audit review and for oversight by the commission.
(c) Shall not permit the use of property and facilities of the commission if the corporation does not provide equal employment opportunities to all persons, regardless of race, color, national origin, sex, age, or religion.
(4) BOARD OF DIRECTORS.--The board of directors of the corporation shall be composed of 28 tourism-industry-related members, appointed by the Florida Commission on Tourism from its own membership. The vice chair of the commission shall serve as chair of the corporation's board of directors.
(5) POWERS AND DUTIES.--The corporation, in the performance of its duties:
(a) May make and enter into contracts and assume such other functions as are necessary to carry out the provisions of the Florida Commission on Tourism's 4-year marketing plan and the corporation's contract with the commission which are not inconsistent with this or any other provision of law.
(b) May develop a program to provide incentives and to attract and recognize those entities which make significant financial and promotional contributions towards the expanded tourism promotion activities of the corporation.
(c) May commission and adopt, in cooperation with the commission, an official tourism logo to be used in all promotional materials directly produced by the corporation. The corporation may establish a cooperative marketing program with other public and private entities which allows the use of this logo in tourism promotion campaigns which meet the standards of the commission and the Office of Tourism, Trade, and Economic Development for which the corporation may charge a reasonable fee.
(d) May sue and be sued and appear and defend in all actions and proceedings in its corporate name to the same extent as a natural person.
(e) May adopt, use, and alter a common corporate seal. However, such seal must always contain the words "corporation not for profit."
(f) Shall elect or appoint such officers and agents as its affairs shall require and allow them reasonable compensation.
(g) Shall hire and establish salaries and personnel and employee benefit programs for such permanent and temporary employees as are necessary to carry out the provisions of the Florida Commission on Tourism's 4-year marketing plan and the corporation's contract with the commission which are not inconsistent with this or any other provision of law.
(h) May adopt, change, amend, and repeal bylaws, not inconsistent with law or its articles of incorporation, for the administration of the provisions of the Florida Commission on Tourism's 4-year marketing plan and the corporation's contract with the commission.
(i) May conduct its affairs, carry on its operations, and have offices and exercise the powers granted by this act in any state, territory, district, or possession of the United States or any foreign country. Where feasible, appropriate, and recommended by the 4-year marketing plan developed by the Florida Commission on Tourism, the corporation may collocate the programs of foreign tourism offices in cooperation with any foreign office operated by any agency of this state.
(j) May appear on its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government.
(k) May request or accept any grant, payment, or gift, of funds or property made by this state or by the United States or any department or agency thereof or by any individual, firm, corporation, municipality, county, or organization for any or all of the purposes of the Florida Commission on Tourism's 4-year marketing plan and the corporation's contract with the commission that are not inconsistent with this or any other provision of law. Such funds shall be deposited in a bank account established by the corporation's board of directors. The corporation may expend such funds in accordance with the terms and conditions of any such grant, payment, or gift, in the pursuit of its administration or in support of the programs it administers. The corporation shall separately account for the public funds and the private funds deposited into the corporation's bank account.
(l) Shall establish a plan for participation in the corporation which will provide additional funding for the administration and duties of the corporation.
(m) In the performance of its duties, may undertake, or contract for, marketing projects and advertising research projects.
(n) In addition to any indemnification available under chapter 617, the corporation may indemnify, and purchase and maintain insurance on behalf of, directors, officers, and employees of the corporation against any personal liability or accountability by reason of actions taken while acting within the scope of their authority.
(6) ANNUAL AUDIT.--The corporation shall make provision for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant. The annual audit report shall be due prior to December 1 of each year, shall include a management letter, and shall be submitted to the Auditor General; the Office of Policy Analysis and Government Accountability; and the Office of Tourism, Trade, and Economic Development for review. The Office of Program Policy Analysis and Government Accountability; the Office of Tourism, Trade, and Economic Development; and the Auditor General have the authority to require and receive from the corporation or from its independent auditor any detail or supplemental data relative to the operation of the corporation. The Office of Tourism, Trade, and Economic Development shall annually certify whether the corporation is operating in a manner and achieving the objectives that are consistent with the policies and goals of the commission and its long-range marketing plan. The identity of a donor or prospective donor to the corporation who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.
(7) The corporation shall provide a quarterly report to the commission which shall:
(a) Measure the current vitality of the visitor industry of this state as compared to the vitality of such industry for the year to date and for comparable quarters of past years. Indicators of vitality shall be determined by the commission and shall include, but not be limited to, estimated visitor count and party size, length of stay, average expenditure per party, and visitor origin and destination.
(b) Provide detailed, unaudited financial statements of sources and uses of public and private funds.
(c) Measure progress towards annual goals and objectives set forth in the commission's 4-year marketing plan.
(d) Review all pertinent research findings.
(e) Provide other measures of accountability as requested by the commission.
(8) The identity of any person who responds to a marketing project or advertising research project conducted by the corporation in the performance of its duties on behalf of the commission, or trade secrets as defined by s. 812.081 obtained pursuant to such activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.
History.--s. 7, ch. 92-299; s. 6, ch. 94-136; s. 877, ch. 95-148; s. 1, ch. 95-369; s. 1, ch. 96-297; s. 53, ch. 96-320; s. 140, ch. 96-406; s. 41, ch. 97-100.
288.1227 Annual report of the Florida Commission on Tourism; audits.--
(1) Prior to December 1 of each year, the Florida Commission on Tourism shall submit to the Governor; the director of the Office of Tourism, Trade, and Economic Development; the President of the Senate; the Speaker of the House of Representatives; the Senate Minority Leader; and the House Minority Leader a complete and detailed report setting forth for itself and its direct-support organization:
(a) Its operations and accomplishments during the fiscal year.
(b) Its business and operational plan and its tourism-marketing plan, including recommendations on methods for implementing and funding the tourism-marketing plan.
(c) The assets and liabilities of the direct-support organization at the end of its most recent fiscal year.
(d) A copy of the annual financial and compliance audit conducted under s. 288.1226(6).
(2) The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of the commission or its direct-support organization.
History.--s. 54, ch. 96-320.
288.1228 Promotion and development of entertainment industries; direct-support organization; powers and duties.--
(1) The Office of Tourism, Trade, and Economic Development may authorize a direct-support organization, or a designated Florida not-for-profit corporation whose board members have had prior experience in promoting, throughout the state, the economic development of the Florida motion picture, television, radio, video, recording, and entertainment industries, to assist the office in the promotion and development of the motion picture, television, video, recording, and related entertainment industries.
(2) To be authorized as a direct-support organization, an organization must:
(a) Be incorporated as a corporation not for profit pursuant to chapter 617.
(b) Be governed by a board of directors, which must consist of the following members:
1. An ex officio nonvoting member of the Senate who shall be appointed by the President of the Senate and serve at the pleasure of the President;
2. An ex officio nonvoting member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure of the Speaker; and
3. Twelve members appointed by the Governor.
(c) Have as its purpose, as stated in its articles of incorporation, to receive, hold, invest, and administer property; to raise funds and receive gifts; and to promote and develop Florida's motion picture, television, video, recording, and related entertainment industries.
(d) Function as a body from which the Office of Tourism, Trade, and Economic Development may obtain differing views as to what actions or proposals are needed throughout the state regarding development of the motion picture, television, video, recording, and related entertainment industries.
(e) Have a prior determination by the Office of Tourism, Trade, and Economic Development that the organization will benefit the office and act in the best interests of the state as a direct-support organization to the office.
(3)(a) Members appointed by the Governor must be highly knowledgeable of, or active in, the motion picture, television, video, recording, or entertainment industry.
(b) Members appointed by the Governor shall be appointed for terms of 4 years, except that in making the initial appointments, the Governor shall appoint two members for terms of 1 year, three members for terms of 2 years, three members for terms of 3 years, and four members for terms of 4 years. No member may serve more than two consecutive terms. The Governor may remove any member for cause and shall fill all vacancies that occur.
(c) In making appointments to the board of directors, the Governor shall endeavor to ensure proportional geographic representation and shall also endeavor to ensure inclusion of a broad range of individuals representing small, medium, and large business as well as freelance or self-employed industry workers.
(d) A vacancy on the board of directors shall be filled for the remainder of the unexpired term.
(e) The Governor's initial appointments to the board of directors shall be made from a list of nominees submitted by the nominating council created pursuant to this section. Thereafter, such appointments shall be made by the Governor from a list of nominees submitted by the remaining members of the board of directors.
(f) Absence from three consecutive meetings shall result in automatic removal from the board.
(4)(a) There is created a nominating council for the purpose of providing the Governor with a list of nominees for initial appointment to the board of directors of the direct-support organization created pursuant to this section. The nominating council shall consist of one member each from the Florida Motion Picture and Television Association, the Independent Feature Project/South, the Florida Film Commissioners Association, the Screen Actors Guild, the Association of Independent Commercial Producers, the International Alliance of Theatrical and Stage Employees, the Florida Film Producers Association, the Professional Actors Association of Florida, the Directors Guild of America, the Black Filmmakers Group, the Women of the Motion Picture Industry-South Florida, Women in Film-Central Florida, the International Television Association, the American Federation of Television and Radio Artists, the National Arts and Entertainment Association, Model Agent Production Photography Association, and the American Women in Radio and Television for a total of 17 members.
(b) Each member of the nominating council shall nominate not less than three persons for the positions on the board of directors. Nominations of the council shall be nonpartisan. The nominees and appointments must represent a balance in representation from all entertainment businesses and organizations, including organizations other than those represented on the nominating council. The importance of minority representation shall be considered when making nominations for the board of directors.
(c) The Governor shall appoint no more than two members nominated by any single member of the nominating council and no more than five members from individuals who have submitted applications for appointment directly through the Executive Office of the Governor. The Governor shall have the authority to reject the group of nominees submitted by any member of the nominating council.
(d) The Governor shall select and appoint 12 members to the board of directors within 30 days after receipt of the nominations from the nominating council and from individuals who have submitted applications for appointment directly through the Executive Office of the Governor.
(5) The Office of Tourism, Trade, and Economic Development may contract with the organization and shall include in the contract that:
(a) The office must review and approve the organization's articles of incorporation and bylaws.
(b) The organization shall submit an annual budget proposal to the office, on a form prescribed by the office, in accordance with office procedures for filing budget proposals based upon the recommendation of the office.
(c) Any funds that the organization holds in trust shall revert to the state upon the expiration or cancellation of the contract.
(d) The organization is subject to an annual financial and performance review by the office to determine whether the organization is complying with the terms of the contract and whether it is acting in a manner consistent with the goals of the office and in the best interests of the state.
(e) The fiscal year of the organization will begin July 1 of each year and end June 30 of the next ensuing year.
(f) The offices or headquarters of the direct-support organization shall not be located on any property or space which is within the premises of the studio lot of any entity related to the industry to be promoted by the direct-support organization.
(6) The Office of Tourism, Trade, and Economic Development may allow the organization to use the property, facilities, personnel, and services of the office if the organization provides equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin, subject to the approval of the director of the office.
(7) The organization shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant pursuant to rules established by the Auditor General. The auditor shall submit the audit report to the director of the office for review and approval. When the audit report is approved, the office shall certify the audit report to the Auditor General for review.
(8)(a) The board of directors shall appoint an executive director, after a nationwide search, to serve at the pleasure of the board as the chief administrator of the corporation's duties. This search shall commence immediately upon the incorporation of the direct-support organization and proceed in an expeditious manner. The executive director shall be exempt from the provisions of part II of chapter 110, and the board of directors shall set the salary for the executive director.
(b) The executive director shall:
1. Have an established reputation with a variety of individuals representing large and small entertainment-related businesses, industry associations, and local community entertainment industry liaisons.
2. Have a working knowledge of the equipment, personnel, financial, and day-to-day production operations of the industries to be served by the direct-support organization.
3. Have marketing and promotion experience related to the motion picture, television, and recording industries.
(9) The Office of Tourism, Trade, and Economic Development must adopt rules in accordance with the provisions of chapter 120, providing for the organizational structure and procedure of the direct-support organization.
(10) Any state funds received by the direct-support organization, or a designated Florida not-for-profit corporation whose board members have had prior experience in promoting, throughout the state, the economic development of the Florida motion picture, television, radio, video, recording, and entertainment industries, must be appropriated to the Office of Tourism, Trade, and Economic Development as a line item in the General Appropriations Act, with specific direction that the funds may be contracted to a direct-support organization or to a designated Florida not-for-profit corporation whose board members have had prior experience in promoting, throughout the state, the economic development of the Florida motion picture, television, radio, video, recording, and entertainment industries.
(11) In exercising the power provided in this section, the Office of Tourism, Trade, and Economic Development may authorize and contract with the direct-support organization existing on June 30, 1996, and authorized by the 1Florida Department of Commerce to promote entertainment-related industries. An appointed member of the board of directors of such direct-support organization as of June 30, 1996, may serve the remainder of his or her unexpired term.
History.--s. 55, ch. 96-320.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.12285 Promotion and development of entertainment industries; direct-support organization; confidentiality of donor identities.--The identity of a donor or prospective donor to the direct-support organization authorized under s. 288.1228 who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in audit reports. This section expires October 2, 2001, and is subject to review by the Legislature under the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 before that date.
History.--s. 1, ch. 96-326.
288.1229 Promotion and development of sports-related industries; direct-support organization; powers and duties.--
(1) The Office of Tourism, Trade, and Economic Development may authorize a direct-support organization to assist the office in the promotion and development of the sports industry and related industries for the purpose of improving the economic presence of these industries in Florida.
(2) To be authorized as a direct-support organization, an organization must:
(a) Be incorporated as a corporation not for profit pursuant to chapter 617.
(b) Be governed by a board of directors, which must consist of 15 members appointed by the Governor and up to 15 members appointed by the existing board of directors. In making appointments, the board must consider a potential member's background in community service and sports activism in, and financial support of, the sports industry. Members must be residents of the state and highly knowledgeable about or active in professional sports. The board must contain representatives of all geographical regions of the state and must represent ethnic and gender diversity. The terms of office of the members shall be 4 years. No member may serve more than two consecutive terms. The Governor may remove any member for cause and shall fill all vacancies that occur.
(c) Have as its purpose, as stated in its articles of incorporation, to receive, hold, invest, and administer property; to raise funds and receive gifts; and to promote and develop the sports industry and related industries for the purpose of increasing the economic presence of these industries in Florida.
(d) Have a prior determination by the Office of Tourism, Trade, and Economic Development that the organization will benefit the office and act in the best interests of the state as a direct-support organization to the office.
(3) The Office of Tourism, Trade, and Economic Development shall contract with the organization and shall include in the contract that:
(a) The office may review the organization's articles of incorporation.
(b) The organization shall submit an annual budget proposal to the office, on a form provided by the office, in accordance with office procedures for filing budget proposals based upon the recommendation of the office.
(c) Any funds that the organization holds in trust will revert to the state upon the expiration or cancellation of the contract.
(d) The organization is subject to an annual financial and performance review by the office to determine whether the organization is complying with the terms of the contract and whether it is acting in a manner consistent with the goals of the office and in the best interests of the state.
(e) The fiscal year of the organization will begin July 1 of each year and end June 30 of the next ensuing year.
(4) The Office of Tourism, Trade, and Economic Development may allow the organization to use the property, facilities, personnel, and services of the office if the organization provides equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin, subject to the approval of the director of the office.
(5) The organization shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant pursuant to rules established by the Office of Tourism, Trade, and Economic Development. The auditor shall submit the audit report to the director of the office for review and approval. If the audit report is approved, the office shall certify the audit report to the Auditor General for review.
(6) The organization is not granted any taxing power.
(7) In exercising the power provided in this section, the Office of Tourism, Trade, and Economic Development may authorize and contract with the direct-support organization existing on June 30, 1996, and authorized by the 1Florida Department of Commerce to promote sports-related industries. An appointed member of the board of directors of such direct-support organization as of June 30, 1996, may serve the remainder of his or her unexpired term.
History.--s. 56, ch. 96-320.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.12295 Promotion and development of sports-related industries; direct-support organization; confidentiality of donor identities.--The identity of a donor or prospective donor to the direct-support organization authorized under s. 288.1229 who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in audit reports. This section expires October 2, 2001, and is subject to review by the Legislature under the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 before that date.
History.--s. 2, ch. 96-326.
288.124 Convention grants program.--The Commission on Tourism is authorized to establish a convention grants program and, pursuant thereto, to recommend to the Office of Tourism, Trade, and Economic Development expenditures and contracts with local governments and nonprofit corporations or organizations for the purpose of attracting national conferences and conventions to Florida. Preference shall be given to local governments and nonprofit corporations or organizations seeking to attract minority conventions to Florida. Minority conventions are events that primarily involve minority persons, as defined in s. 288.703, who are residents or nonresidents of the state. The commission shall establish guidelines governing the award of grants and the administration of this program. The Office of Tourism, Trade, and Economic Development has final approval authority for any grants under this section. The total annual allocation of funds for this program shall not exceed $40,000.
History.--s. 5, ch. 91-218; s. 57, ch. 96-320.
DIVISION OF BOND FINANCE
288.13 Cooperation with other units, boards, agencies, and individuals.
288.14 Board of Trustees of Internal Improvement Trust Fund may cooperate.
288.15 Powers of Division of Bond Finance.
288.17 Revenue certificates.
288.18 Planning, promoting, and supervising state building projects.
288.23 Division authorized to acquire roads and bridges.
288.24 Division authorized to acquire ferries and toll ferries.
288.27 Lease or sale by division.
288.28 Department of Transportation authorized to lease or purchase certain roads and bridges.
288.281 Financing construction or acquisition of roads and bridges; additional method.
288.29 Ratifying prior transactions.
288.30 Cumulative provisions.
288.31 Armories; financing construction authorized.
288.33 School buildings; financing construction authorized.
288.13 Cooperation with other units, boards, agencies, and individuals.--Express authority and power is hereby given any county, municipality, drainage district, road or bridge district, school district or any other political subdivision, board, or commission in the state to make and enter into, with the Division of Bond Finance of the State Board of Administration, contracts and leases, within the provisions and purposes of this chapter. The division is hereby expressly authorized to make agreements with and enter into any and all contracts with any political subdivisions of the state.
History.--s. 3, ch. 15861, 1933; CGL 1936 Supp. 4151 (112); s. 2, ch. 22821, 1945; s. 11, ch. 29788, 1955; ss. 22, 35, ch. 69-106; s. 264, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.04.
288.14 Board of Trustees of Internal Improvement Trust Fund may cooperate.--The Board of Trustees of the Internal Improvement Trust Fund may convey and grant to the Division of Bond Finance of the State Board of Administration, and enter into agreements permitting the use and occupation by the division, with or without compensation, of land under its control and not in use for state purposes, including swamps, overflowed lands, bottoms of streams, lakes, rivers, bays, and other waters of the state, and the riparian rights thereto appertaining, as, in the judgment of said board, may be reasonably necessary in carrying out the provisions of this chapter.
History.--s. 4, ch. 15861, 1933; CGL 1936 Supp. 4151(113); s. 11, ch. 29788, 1955; s. 2, ch. 61-119; ss. 22, 27, 35, ch. 69-106; s. 265, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.05.
288.15 Powers of Division of Bond Finance.--There is hereby granted to and vested in the Division of Bond Finance of the State Board of Administration the power, right, franchise, and authority:
(1) To take, exclusively occupy, use, and possess rights-of-way for any projects, enterprises, or undertakings of the division, over and across state-owned lands not otherwise in use for state purposes.
(2)(a) The division is hereby authorized and empowered to exercise the power of eminent domain and may condemn for the use of the division any and all lands, easements, rights-of-way, riparian rights, property, and property rights of every description required in carrying out the objects and purposes of this chapter.
(b) The proceedings for condemnation hereunder may be instituted and conducted in the name of the division, and the procedure shall be the same as is prescribed by chapter 73.
(3) To own and to acquire by donation, purchase, or otherwise, real and personal property, tangible and intangible, and to lease, sell, alienate, and dispose of the same or any part or parts thereof in carrying out the objects and purposes of this chapter.
(4) To subscribe for, purchase, acquire, own, sell, or otherwise dispose of bonds and obligations of municipalities and political subdivisions of the state, needful or incident to carrying out the objects and purposes of this chapter, and exercise all the rights, powers, and privileges incident to ownership thereof.
(5) In order to carry out the objectives and purposes of this chapter, the division is authorized to acquire, own, construct, operate, maintain, improve, and extend public buildings, facilities, or works within the state which are of the character hereinafter specifically mentioned. All public buildings, facilities, and works which the division is authorized to own, construct, operate, and maintain must be such as can ultimately be owned and operated by an agency, department, board, bureau, or commission of the state. All or any such buildings, facilities, or works may be of a revenue-producing character in order that the cost of the same or some part of improvements or extensions thereto may be paid from receipts therefrom, including in Tallahassee only rentals, leases, and sales to both public and nonpublic agencies through the issue and sales or disposition of revenue bonds, notes, or certificates of the division. The buildings, facilities, and works which the division is hereby authorized to acquire, construct, operate, maintain, improve, and extend are:
(a) Toll bridges or tunnels, and toll roads wherever the same are connected with or form a part of the state system of public roads. The location and construction of same shall first be approved by the Department of Transportation.
(b) To accept as a gift or grant or to purchase or lease from the Federal Government any personal property or any real property, fixtures, or appurtenances thereto, located in the state, payment for which can be made from the revenues derived therefrom, which will be used in the development of the agriculture, forest and reforestation of the state or such property as will provide recreation for the public and citizens of the state.
(c) It is expressly declared that the Division of Bond Finance shall not be authorized:
1. Except as is provided in s. 288.13, to acquire, own, or construct any buildings, facilities, or works which are to be maintained and operated solely for municipal or local purpose; and
2. To so accept, purchase, or lease from the Federal Government any property or business ordinarily owned and operated by private business; provided, however, this provision does not prohibit or limit such purchase, acceptance of gift, or lease of surplus property to be used for noncompetitive government purposes.
(d) Public buildings, facilities, and additions or improvements to existing buildings and facilities for ultimate use in connection with any of the several state institutions, departments, bureaus, boards, or commissions; and, in furtherance of this paragraph, the Department of Management Services and the State Board of Education are authorized to cooperate with the Division of Bond Finance and to do and perform all acts and things necessary thereto. Any property acquired by the Division of Bond Finance under the provisions of this chapter may ultimately be conveyed to the state free and clear of all debt or other encumbrance.
(e) The Division of Bond Finance is hereby authorized to collect reasonable rentals, tolls, or charges for the use of public buildings, facilities, or works constructed, acquired, or owned by it and for the products and services of the same exclusively for the purpose of paying the expenses of improving, repairing, maintaining, and operating its facilities and properties and paying the principal and interest on its obligations. The division is authorized by reasonable regulations to prescribe for the use of buildings, facilities, works, or projects owned and operated by it, the amount of rentals, tolls, or charges and may make and enter into contracts with any municipality, district, county or other political subdivision, board, commission, agency, or department of the state for the use of such projects or sale of the products or services thereof; provided, that the receipts from any project shall not be expended on any other project except as provided in subsection (8).
(f) However, the provisions of this chapter shall not be construed to authorize the construction, acquisition, ownership, or operation by the division of any project other than the class of projects referred to in this subsection.
(6) To secure, assemble, study, map, plat, and chart any and all data which may pertain to the governance, rehabilitation, welfare, health, transportation, commerce, marketing, finance, business, population, land use, sanitation, waterways, mineral resources, parks, wildlife, public buildings and property, and the laws relating to social, economic, or conservational matters of the state, its political subdivisions, and its people for the purpose of advising and assisting, proposing, and recommending to state administrative officers, the state Legislature, and the people of the state plans for the future development, welfare, and governance of the state, in order that the state's plan of development may be coordinated, its economic resources be conserved, and the welfare of its people be promoted.
(7) It is expressly provided:
(a) That nothing in this chapter shall be construed as vesting in the Division of Bond Finance the power, right, or privilege to engage in private enterprise or business for profit; and
(b) That nothing in this chapter shall authorize the purchase, condemnation, or other acquisition by the division of the properties or securities of privately owned utilities or any part of same.
(8) The division is hereby authorized and directed to proceed with the acquisition of land and buildings thereon now needed or to be needed for use in whole or in part by any agency, board, bureau, or commission of the state, such acquisition to be within the area defined by the Department of Management Services for the long-range development of the proposed Capitol Center; and
(a) To construct, acquire, own, and operate buildings and facilities thereon, such buildings and facilities to be financed by the revenue they yield, through the issuance of revenue certificates;
(b) To have specific authority in financing the acquisition, construction, and operation of such buildings and facilities, to utilize rentals to both public and nonpublic agencies as well as any regularly appropriated state or other public funds; however, no revenue from lands, buildings, or facilities now owned by the state may be pledged to finance the acquisition of land, buildings, or facilities pursuant to the provisions of this law, except revenue from land, buildings, or facilities purchased or acquired pursuant to the provisions of this law.
(9) Subsections (5) and (8) shall be liberally construed to effectuate the objectives and purposes thereof and the public policy of the state as hereby declared.
History.--ss. 5, 6, ch. 15861, 1933; CGL 1936 Supp. 4151(114), (115); ss. 3, 4, ch. 20509, 1941; s. 3, ch. 22821, 1945; ss. 1, 2, 3, ch. 26851, 1951; s. 11, ch. 29788, 1955; s. 2, ch. 57-57; s. 2, ch. 65-173; s. 3, ch. 65-178; s. 2, ch. 65-255; s. 2, ch. 65-525; s. 18, ch. 69-216; ss. 22, 23, 25, 35, ch. 69-106; s. 84, ch. 71-355; s. 2, ch. 73-326; s. 2, ch. 75-70; s. 20, ch. 83-216; s. 58, ch. 85-349; s. 5, ch. 88-215; s. 266, ch. 92-279; s. 55, ch. 92-326; s. 92, ch. 98-279.
Note.--Former s. 420.06.
288.17 Revenue certificates.--The Division of Bond Finance of the State Board of Administration is authorized to issue interest-bearing revenue certificates for construction of all state buildings approved by the Legislature in its appropriation acts and requested by the Department of Management Services or by the Board of Regents.
History.--s. 1, ch. 29831, 1955; s. 1, ch. 65-512; s. 1, ch. 67-603; ss. 22, 35, ch. 69-106; s. 85, ch. 71-355; s. 267, ch. 92-279; s. 55, ch. 92-326.
288.18 Planning, promoting, and supervising state building projects.--
(1) The Department of Management Services shall be responsible for promoting any state building project financed as provided by law in any community where a state building is needed.
(2) Whenever the Division of Bond Finance and the Board of Administration shall find a building project financially feasible, all state agencies, commissions, bureaus, or branch offices of any department occupying rented office space in the area, shall occupy space in the state buildings to the extent that space is available.
(3) Any state agency required to occupy space by the Department of Management Services may contract for such space and pledge such rentals as are provided and appropriated by the Legislature for the purpose of financing the retirement of revenue certificates for the lifetime of any issue.
History.--s. 2, ch. 29831, 1955; ss. 22, 35, ch. 69-106; s. 83, ch. 71-377; s. 2, ch. 75-70; s. 59, ch. 85-349; s. 268, ch. 92-279; s. 55, ch. 92-326; s. 93, ch. 98-279.
288.23 Division authorized to acquire roads and bridges.--
(1) The Division of Bond Finance of the State Board of Administration is authorized and empowered, upon the application of any county or counties evidenced by resolution of the board or boards of county commissioners thereof, to acquire by purchase, gift, or eminent domain and/or to construct within such county or counties so making application therefor, any road or bridge, including the acquisition of necessary rights-of-way therefor, connecting state highways within such county or counties; provided, however, in the event the said division shall determine, agree, or contract to build or construct any road or bridge under the provisions hereof then it shall so advise the Department of Transportation of such determination, agreement, or contract and shall give the Department of Transportation complete copies of all documents, agreements, resolutions, contracts, and instruments relating to such matter and shall request the Department of Transportation to do such construction work including the acquisition of necessary rights-of-way, planning, surveying, and actual construction of such project and shall also transfer to the credit of the Department of Transportation in the Treasury of the state the funds hereinafter provided for such projects and the Department of Transportation shall thereupon be authorized, empowered, and directed to proceed with such construction, including the acquisition of necessary rights-of-way, and to use the said funds for such work, and no other work, in the same manner that it is now authorized to use the funds otherwise provided by law for its use in construction of roads and bridges.
(2) The authority herein and hereby conferred to acquire rights-of-way shall be construed to extend to and include the acquisition of new rights-of-way separately to be used in the future for the construction of new roads and new bridges and for the acquisition of rights-of-way to be used in the future for widening or four-laning or extending, or otherwise improving, existing state roads and bridges. Provided, however, that no rights-of-way shall be acquired hereunder except for use in the construction of roads and bridges that have been prior to such acquisition legally designated as state roads and bridges, and provided further, that if any provision or any part of any provision of this amended section shall be held invalid, such invalidity shall not affect the validity of the remaining provisions of this amended section. The acquisition of rights-of-way as provided above separately and in advance of the construction of improvements on such rights-of-way, shall be and constitute a separate project or purpose under the provisions of this chapter or under the provisions of any other law or laws, and the Division of Bond Finance shall be fully authorized to issue its bonds, notes or certificates in the manner provided in this chapter to finance the cost of the acquisition of such rights-of-way separately and in advance of the construction of improvements on such rights-of-way.
History.--s. 1, ch. 23758, 1947; s. 11, ch. 29788, 1955; s. 1, ch. 57-86; ss. 22, 23, 35, ch. 69-106; s. 269, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.12.
288.24 Division authorized to acquire ferries and toll ferries.--
(1) The Division of Bond Finance of the State Board of Administration is authorized:
(a) To acquire, own, maintain, and operate ferries and toll ferries wherever the same are connected with or form a part of or are auxiliary to the state system of public roads.
(b) To fix and collect reasonable rentals, tolls, or charges for the use of any ferries operated by or under agreement with the said division.
(c) To enter into a contract or contracts with the Department of Transportation for the acquisition, maintenance, or operation of any such ferry or ferries.
(2) The acquisition, ownership, maintenance, and operation of said ferries and toll ferries shall be exercised in accordance with existing laws governing the powers of said division in connection with other buildings, facilities, additions, and improvements.
History.--ss. 1, 2, 3, 4, ch. 25009, 1949; s. 11, ch. 29788, 1955; ss. 22, 23, 35, ch. 69-106; s. 60, ch. 79-164; s. 270, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.121.
288.27 Lease or sale by division.--The Division of Bond Finance is authorized and empowered to lease or sell roads or bridges acquired or constructed pursuant to s. 288.23 to the Department of Transportation, upon such terms and conditions as will secure sufficient revenue for paying all cost incurred in connection with the acquisition or construction of such roads or bridges and which will represent the fair market value thereof for leasehold and for purchase purposes.
History.--s. 3, ch. 23758, 1947; s. 11, ch. 29788, 1955; ss. 22, 23, 35, ch. 69-106.
Note.--Former s. 420.14.
288.28 Department of Transportation authorized to lease or purchase certain roads and bridges.--The Department of Transportation is hereby authorized and empowered to lease or purchase from the Division of Bond Finance of the State Board of Administration such roads or bridges as may have been acquired or constructed under the provisions of s. 288.23 and to pay either the rental or the purchase price from the surplus gasoline taxes which may, in the future, accrue to the credit of the county or counties in which the road or bridge is located, under the provisions of s. 9, Art. XII of the State Constitution.
History.--s. 4, ch. 23758, 1947; s. 1, ch. 26768, 1951; s. 11, ch. 29788, 1955; ss. 22, 23, 35, ch. 69-106; s. 18, ch. 69-216; s. 271, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.15.
288.281 Financing construction or acquisition of roads and bridges; additional method.--
(1) Upon request of any county, any road or bridge district, or any authority, evidenced by a resolution duly adopted by the governing body thereof, the Division of Bond Finance of the State Board of Administration is authorized and empowered to issue and sell interest-bearing bonds, notes, or certificates in its own name for and on behalf of said county, road or bridge district, or authority, for the purpose of financing the construction of roads or bridges within the county, district, or authority, or the acquisition of rights-of-way for such roads. The governing body of the county, district, or authority may request in said resolution that the division construct or acquire said project by and through its statutory agent, the Department of Transportation.
(2) Any county, road or bridge district, or authority making application to the Division of Bond Finance pursuant to this section may prescribe the terms, conditions, and limitations under which said bonds, notes, or certificates shall be issued and sold and the proceeds of the sale of said bonds, notes, and certificates shall be applied.
(3) Any bonds, notes, or certificates issued by the division pursuant to this section may be secured by and payable as to both principal and interest, in whole or in part, from the 20-percent surplus gasoline tax funds accruing under the provisions of s. 9, Art. XII of the State Constitution, tolls or other revenue derived from the operation of the project, or ad valorem taxes or any combination thereof that may be legally available to said county, road or bridge district, or authority. If authorized by the Department of Transportation bonds, notes, or certificates may be additionally secured by and payable as to both principal and interest from legally available 80-percent surplus gasoline tax funds accruing to the Department of Transportation under the provisions of s. 9, Art. XII of the State Constitution.
(4) This section is intended to be cumulative of other powers granted to the Division of Bond Finance, the Department of Transportation, the counties, districts, and authorities under other provisions of law and is not intended to repeal, abrogate, or modify any such provisions.
History.--s. 1, ch. 61-433; ss. 22, 23, 35, ch. 69-106; s. 18, ch. 69-216; s. 272, ch. 92-279; s. 55, ch. 92-326.
288.29 Ratifying prior transactions.--Any transaction heretofore consummated, or in the process of consummation, in whole or in part, concerning the acquisition, condemnation, financing, construction, lease, or sale of any such road or bridge within the intendment of ss. 288.23, 288.24, 288.27, 288.28, 288.29, 288.30, be and the same is hereby ratified, legalized and confirmed.
History.--s. 5, ch. 23758, 1947; s. 11, ch. 29788, 1955.
Note.--Former s. 420.16.
288.30 Cumulative provisions.--Sections 288.23, 288.24, 288.27, 288.28, and 288.29 are intended to be cumulative of other powers granted to the Division of Bond Finance and the Department of Transportation under other provisions of law and are not intended to repeal, abrogate, or modify any such provisions.
History.--s. 6, ch. 23758, 1947; s. 11, ch. 29788, 1955; ss. 22, 23, 35, ch. 69-106.
Note.--Former s. 420.17.
288.31 Armories; financing construction authorized.--
(1) The Division of Bond Finance of the State Board of Administration shall have the power to borrow money and incur obligations by way of bonds, notes, or revenue certificates and issue such obligations for the purpose of financing, either in whole or in part, the construction of armories in such counties and municipalities as designated by the State Armory Board. The authority hereby conferred shall empower the said division to issue such certificates or bonds for the financing of the share or portion of the cost to be borne by a county or municipality when required by the provisions of a grant of funds from the state or the Federal Government or any other source, or to authorize the borrowing and issuing of obligations for financing such an armory in its entirety. Bonds, notes, or certificates issued hereunder shall be issued in conformity to all the provisions of chapter 215, and the division shall be empowered to fix the rentals or charges to be collected for the purpose of the retirement or purchase of said obligations. The division and the county or municipality shall be empowered to enter into such lease, or leases, as may be necessary to ensure the providing of sufficient funds to retire such obligations and when the said obligations shall have been fully paid, the armory shall be conveyed to the state. Leases with the county or municipality under the terms of this section shall provide for the control of the building and its use to be vested in the military commander representing the Armory Board in accordance with the provisions of s. 250.41.
(2) For the purpose of determining the amount of the contribution of any county or municipality toward the requirement of matching state or federal funds, real estate provided or donated by such county or municipality may be considered as a portion of the contribution required to the amount of the fair appraised value of the same as determined by the Armory Board, and all lands, buildings and structures shall be conveyed to and become the property of the Division of Bond Finance when it acts under the provisions of this section, the same to be conveyed to the state when all obligations against same shall have been paid in full.
(3) Nothing in this section shall be construed as authorizing the pledging, mortgaging or otherwise hypothecating the real estate and armory building, but the obligations issued hereunder shall pledge only the income from the armory building as covered in its rental by the county or municipality or from other sources.
(4) The purpose of this section is to provide a means for financing and supplying the funds necessary to be furnished by a county or municipality to meet and match funds made available by the state or federal government on a matching basis or to provide the total amount of the construction costs of armories.
(5) Counties and municipalities are hereby authorized and empowered to levy taxes not to exceed 1 mill to provide the funds necessary for the lease or leases herein provided and for the retirement of bonds or certificates of indebtedness issued by the division under the provisions of this section.
(6) Nothing in this section, however, shall be construed to repeal any provision of chapter 250, as amended in 1949.
History.--s. 1, ch. 24200, 1947; ss. 1, 2, ch. 25125, 1949; (2), s. 10, ch. 26484, 1951; s. 11, ch. 29788, 1955; ss. 22, 35, ch. 69-106; s. 273, ch. 92-279; s. 55, ch. 92-326.
Note.--Former s. 420.18.
288.33 School buildings; financing construction authorized.--
(1) Upon the request of the school board of any district with the approval of the State Board of Education evidenced by a resolution duly adopted by the governing body of each of such boards, the Division of Bond Finance of the State Board of Administration is authorized and empowered to issue and sell interest-bearing revenue bonds, notes, or certificates in its own name for the purpose of constructing, within the county, school buildings or additions thereto for rent, lease, or purchase by the school board of the district. The Division of Bond Finance may, by contract, make the school board its agent for the acquisition or construction of such school buildings, classrooms, or facilities.
(2) Any school board, making application to the Division of Bond Finance pursuant to this section may prescribe the terms, conditions and limitations under which said bonds, notes, or certificates shall be issued and sold and the proceeds of the sale of said bonds, notes, and certificates shall be applied.
(3) Under no circumstances shall any bonds, notes or certificates issued under this section by the division be construed as an obligation of the state nor of its subdivisions nor shall the state or its subdivisions under any theory be bound therefor. They shall be solely and only the obligations of the division in its corporate and representative capacity and shall be secured only by such revenues as shall be pledged as security for the payment thereof.
(4) Any revenue bonds, notes or certificates issued by the Division of Bond Finance pursuant to this section may be secured by a lease-purchase agreement executed by the school board, which agreement may remain in effect until the bonds and all interest thereon and any refunding thereof have been paid in full. As security for the rentals agreed to be paid under the terms of the lease-purchase agreement, the school board may pledge and agree to pay as such rentals any moneys legally available for school purposes to such school board not prohibited by the Florida Constitution. Each school board requesting the construction of school buildings under this section shall annually request in its budget sufficient funds to meet the annual rentals agreed to be paid the Division of Bond Finance for lease or purchase of said buildings.
(5) As further security for the repayment of said revenue bonds, notes or certificates, the said school board is authorized to pledge as rentals any funds which may be appropriated by the Legislature for school purposes to said school board. The authority to pledge funds provided for in this subsection is expressly limited to any funds as, if, and when appropriated, in that the Legislature is under no obligation to make any future appropriation.
(6) Any school board requesting the Division of Bond Finance to construct school buildings pursuant to this section shall use said leased buildings for school purposes so long as a need exists therefor and until all of said revenue bonds, notes or certificates and the interest thereon, including any refundings thereof are paid in full; and thereupon title to said buildings shall vest in the school board.
(7) This section is intended to be cumulative to the other powers granted to the Division of Bond Finance and is not intended to repeal or abrogate any such other powers. In financing school buildings pursuant to this section the division may utilize all the powers granted under this chapter.
(8) No approval of any other state board, body, agency, or official other than as specified herein, shall be required for the issuance of such revenue bonds, notes or certificates as provided in this section except the approval of the State Board of Administration in the manner now provided by law.
History.--s. 1, ch. 67-428; ss. 22, 28, 35, ch. 69-106; s. 1, ch. 69-300; s. 274, ch. 92-279; s. 55, ch. 92-326.
FOREIGN TRADE ZONES
288.35 Definitions.
288.36 Foreign trade zones; authority to establish, operate, and maintain.
288.37 Foreign trade zones; authority to select and describe locations and make rules.
288.38 Applicability of state laws and rules concerning citrus fruit and products.
288.35 Definitions.--The following terms, wherever used or referred to in this part, shall have the following meanings:
(1) "Corporation" means any corporation organized for the purpose of establishing, operating, and maintaining a foreign trade zone.
(2) "Government agency" means the state or any county or political subdivision thereof; any state agency; any consolidated government of a county, and some or all of the municipalities located within said county; any chartered municipality in the state; and any of the institutions of such consolidated governments, counties, or municipalities. Specifically included are airports, port authorities, and industrial authorities.
(3) "Act of Congress" means the Act of Congress approved June 18, 1934, entitled an Act to provide for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes, as amended, and commonly known as the Foreign Trade Zones Act of 1934, 19 U.S.C. ss. 81a-81u.
(4) "Operational and promotional advancements" means any advance of state funds which are drawn from the State Treasury for the purpose of paying legal obligations of the state on a cash basis.
History.--s. 1, ch. 76-42; s. 3, ch. 78-375.
288.36 Foreign trade zones; authority to establish, operate, and maintain.--Any corporation or government agency shall have the power to apply to the proper authorities of the United States for a grant of the privilege of establishing, operating, and maintaining foreign trade zones and foreign trade subzones under the provisions of the Act of Congress and, when the grant is issued, to accept the grant and to establish, operate, and maintain the foreign trade zones and foreign trade subzones and do all things necessary and proper to carry into effect the establishment, operation, and maintenance of such zones, all in accordance with the Act of Congress and other applicable laws and rules and regulations.
History.--s. 2, ch. 76-42.
288.37 Foreign trade zones; authority to select and describe locations and make rules.--Any corporation or government agency may select and describe the location of the foreign trade zones or foreign trade subzones for which an application is made under the provisions of the Act of Congress and make such rules and regulations concerning the establishment, operation, and maintenance of the foreign trade zones or foreign trade subzones as may be necessary to comply with the Act of Congress or as may be necessary to comply with the rules and regulations made in accordance with the Act of Congress.
History.--s. 3, ch. 76-42.
288.38 Applicability of state laws and rules concerning citrus fruit and products.--Any application for establishment of a foreign trade zone made pursuant hereto shall include a provision that all laws of this state and rules of the Florida Department of Citrus applicable to citrus fruit and processed citrus products shall equally apply within any foreign trade zone so established.
History.--s. 4, ch. 76-42.
SMALL AND MINORITY BUSINESS
288.7011 Assistance to certified development corporation.
288.7015 Appointment of rules ombudsman; duties.
288.702 Short title.
288.703 Definitions.
288.7031 Application of certain definitions.
288.705 Statewide contracts register.
288.707 Florida Black Business Investment Board.
288.708 Executive director; employees.
288.709 Powers of the Florida Black Business Investment Board.
288.7091 Duties of the Florida Black Business Investment Board.
288.7095 Duties of the black business investment corporations.
288.71 Conditions for board action.
288.711 Florida Investment Incentive Trust Fund.
288.712 Florida guarantor funds.
288.713 Capital participation instruments.
288.714 Annual report.
288.7011 Assistance to certified development corporation.--The Office of Tourism, Trade, and Economic Development is authorized to enter into contracts with a nonprofit, statewide development corporation certified pursuant to s. 503 of the Small Business Investment Act of 1958, as amended, to permit such corporation to locate and contract for administrative and technical staff assistance and support, including, without limitation, assistance to the development corporation in the packaging and servicing of loans for the purpose of stimulating and expanding the availability of private equity capital and long-term loans to small businesses. Such assistance and support will cease when the corporation has received state support in an amount the equivalent of $250,000 per year over a 5-year period beginning July 1, 1997. Any contract between the office and such corporation shall specify that the records of the corporation must be available for audit by the office and by the Auditor General.
History.--s. 58, ch. 96-320; s. 20, ch. 97-278.
288.7015 Appointment of rules ombudsman; duties.--The Governor shall appoint a rules ombudsman, as defined in s. 288.703, in the Executive Office of the Governor, for considering the impact of agency rules on the state's citizens and businesses. In carrying out duties as provided by law, the ombudsman shall consult with Enterprise Florida, Inc., at which point the office may recommend to improve the regulatory environment of this state. The duties of the rules ombudsman are to:
(1) Carry out the responsibility provided in s. 120.54(2), with respect to small businesses.
(2) Review state agency rules that adversely or disproportionately impact businesses, particularly those relating to small and minority businesses.
(3) Make recommendations on any existing or proposed rules to alleviate unnecessary or disproportionate adverse effects to businesses.
(4)(a) By December 1, 1997, and annually thereafter, submit a report to the Legislature identifying and describing the extent to which rules of state agencies adversely impact trade promotion, economic growth and diversification in Florida, business profitability and viability, and, in particular, the startup of new businesses. The report must specifically identify and describe those agency rules repealed or modified during each calendar year in order to improve the regulatory climate for businesses operating in this state. The report must also identify those proposed rules for review and possible repeal or modification in the next calendar year.
(b) The report must also specifically identify and describe the use and impact of state economic development incentives on minority-owned businesses. The report must detail how many minority-owned businesses received state economic development incentives administered by the Office of Tourism, Trade, and Economic Development, including private activity bonds, and the JOBs benefit.
(5) Each state agency shall cooperate fully with the rules ombudsman in identifying such rules. Further, each agency shall take the necessary steps to waive, modify, or otherwise minimize such adverse effects of any such rules. However, nothing in this section authorizes any state agency to waive, modify, provide exceptions to, or otherwise alter any rule that is:
(a) Expressly required to implement or enforce any statutory provision or the express legislative intent thereof;
(b) Designed to protect persons against discrimination on the basis of race, color, national origin, religion, sex, age, handicap, or marital status; or
(c) Likely to prevent a significant risk or danger to the public health, the public safety, or the environment of the state.
(6) The modification or waiver of any such rule pursuant to this section must be accomplished in accordance with the provisions of chapter 120.
History.--s. 5, ch. 96-320.
288.702 Short title.--This act shall be known and may be cited as the "Florida Small and Minority Business Assistance Act of 1985."
History.--s. 1, ch. 85-104.
288.703 Definitions.--As used in this act, the following words and terms shall have the following meanings unless the content shall indicate another meaning or intent:
(1) "Small business" means an independently owned and operated business concern that employs 100 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $3 million and an average net income after federal income taxes, excluding any carryover losses, for the preceding 2 years of not more than $2 million. As applicable to sole proprietorships, the $3 million net worth requirement shall include both personal and business investments.
(2) "Minority business enterprise" means any small business concern as defined in subsection (1) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit.
(3) "Minority person" means a lawful, permanent resident of Florida who is:
(a) An African American, a person having origins in any of the racial groups of the African Diaspora.
(b) A Hispanic American, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean, regardless of race.
(c) An Asian American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands prior to 1778.
(d) A Native American, a person who has origins in any of the Indian Tribes of North America prior to 1835, upon presentation of proper documentation thereof as established by rule of the Department of Management Services.
(e) An American woman.
(4) "Certified minority business enterprise" means a business which has been certified by the certifying organization or jurisdiction in accordance with s. 287.0943(1).
(5) "Department" means the Department of Labor and Employment Security.
(6) "Ombudsman" means an office or individual whose responsibilities include coordinating with the Minority Business Advocacy and Assistance Office for the interests of and providing assistance to small and minority business enterprises in dealing with governmental agencies and in developing proposals for changes in state agency rules.
(7) "Financial institution" means any bank, trust company, insurance company, savings and loan association, credit union, federal lending agency, or foundation.
(8) "Secretary" means the secretary of the Department of Labor and Employment Security.
History.--s. 2, ch. 85-104; s. 14, ch. 91-162; s. 275, ch. 92-279; s. 55, ch. 92-326; s. 18, ch. 93-187; s. 22, ch. 94-322; s. 59, ch. 96-320; s. 2, ch. 98-295.
288.7031 Application of certain definitions.--The definitions of "small business," "minority business enterprise," and "certified minority business enterprise" provided in s. 288.703 apply to the state and all political subdivisions of the state.
History.--s. 3, ch. 98-295.
288.705 Statewide contracts register.--All state agencies shall in a timely manner provide the Florida Small Business Development Center Procurement System, a Type I center of the State University System funded as provided in Pub. L. No. 96-302, as amended, with all formal solicitations for contractual services, supplies, and commodities. The Small Business Development Center shall coordinate with Minority Business Development Centers to compile and distribute such information to Florida small and minority businesses requesting such service for the period of time necessary to familiarize the business with the market represented by state agencies. On or before February 1 of each year, the Small Business Development Center shall report to the Department of Labor and Employment Security on utilization of the statewide contracts register. Such report shall include, but not be limited to, information relating to:
(1) The total number of solicitations received from state agencies during the calendar year.
(2) The number of solicitations received from each state agency during the calendar year.
(3) The method of distributing solicitation information to those businesses requesting such service.
(4) The total number of businesses using the service.
(5) The percentage of businesses using the service which are owned and controlled by minorities.
History.--s. 4, ch. 85-104; s. 277, ch. 92-279; s. 55, ch. 92-326; s. 23, ch. 94-322; s. 60, ch. 96-320.
288.707 Florida Black Business Investment Board.--
(1) The Legislature finds that the public interest of Florida will be served by the creation and growth of black business enterprises by:
(a) Increasing opportunities for employment of blacks, as well as the population in general;
(b) Providing role models and establishing business networks for the benefit of future generations of aspiring black entrepreneurs; and
(c) Strengthening the economy of the state by increasing the number of qualified black business enterprises, which in turn will increase competition in the marketplace and improve the welfare of economically depressed neighborhoods.
(2) For the purposes of ss. 9-21, chapter 85-104, Laws of Florida:
(a) "Black business enterprise" means any business concern which is organized to engage in commercial transactions and which is at least 51 percent owned by one or more black Americans as defined in s. 288.703 and whose management and daily operations are controlled by such persons.
(b) "Black business investment corporation" means a subsidiary of a financial institution or a consortium of financial institutions investing in, or lending to, black business enterprises.
(c) "Consortium" means two or more financial institutions which jointly negotiate and agree to provide assistance to black business enterprises as provided in ss. 9-21, chapter 85-104, Laws of Florida.
(3) There is hereby created within the Office of Tourism, Trade, and Economic Development a body politic and corporate to be known as the Florida Black Business Investment Board, hereinafter referred to as the "board." The board is hereby constituted a public instrumentality, and the exercise by the board of the powers conferred by ss. 9-21, chapter 85-104, Laws of Florida, shall be deemed to be the performance of an essential governmental function.
(a) The board shall consist of seven members appointed by the Governor subject to confirmation by the Senate, six of whom shall be experienced in investment finance and business development, one of 1whom must be a member of a black business investment corporation. The chair of the Florida Development Finance Corporation, created pursuant to s. 288.9604, shall be an ex officio member of the board.
(b) Members appointed by the Governor shall serve terms of 4 years, except that in making the initial appointments, the Governor shall appoint one member to serve for a term of 1 year, two members to serve for terms of 2 years, two members to serve for terms of 3 years, and two members to serve for terms of 4 years.
(c) Any person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term. Any member shall be eligible for reappointment.
(d) The Governor shall appoint the chairperson who shall be a member of the board. The board shall annually elect one of its members as vice chairperson and shall designate a secretary-treasurer who need not be a member of the board. The secretary-treasurer shall keep a record of the proceedings of the board and shall be the custodian of all books, documents, and papers filed with the board, of the minute books of the board, and of its official seal. A majority of the members of the board shall constitute a quorum.
(e) Members of the board shall serve without compensation, but shall be reimbursed for per diem and travel expenses in accordance with s. 112.061.
(f) Each member of the board shall file full and public disclosure of financial interests at the times and places and in the same manner required of elected constitutional officers under s. 8, Art. II of the State Constitution and any law implementing s. 8, Art. II of the State Constitution.
History.--ss. 9, 32, ch. 85-104; s. 9, ch. 94-136; s. 28, ch. 94-322; s. 878, ch. 95-148; ss. 61, 64, ch. 96-320.
1Note.--As amended by s. 61, ch. 96-320. Paragraph (3)(a) was also amended by s. 64, ch. 96-320, which included the words "which shall."
288.708 Executive director; employees.--
(1) The executive director of the board, who may also be designated as secretary-treasurer, shall be appointed by the board. The executive director shall be the chief administrative and operational officer of the board and shall direct and supervise administrative affairs and the general management of the board. The executive director:
(a) May contract with or employ legal and technical experts and such other employees, permanent and temporary, as shall be authorized by the board;
(b) Shall attend meetings of the board; and
(c) Shall cause copies to be made of all minutes and other records and documents of the board and shall certify that such copies are true copies. All persons dealing with the board may rely upon such certification.
(2) The executive director and all employees of the board shall be exempt from the provisions of part II of chapter 110, and the executive director shall be subject to the provisions of part IV of chapter 110.
History.--ss. 10, 32, ch. 85-104; s. 28, ch. 94-322.
288.709 Powers of the Florida Black Business Investment Board.--The board shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of ss. 9-21, chapter 85-104, Laws of Florida, including, but not limited to, the power to:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it. However, any proposed rules affecting the operation or administration or financial well-being of any of the black business investment corporations must first be approved by a majority of the black business investment corporations.
(2) Adopt an official seal.
(3) Sue and be sued in its own name.
(4) Make and execute contracts and other instruments necessary or convenient for the exercise of its power and functions.
(5) Acquire, hold, and dispose of personal property for its corporate purposes.
(6) Enter into agreements or other transactions with any federal, state, or local agency.
(7) Encourage financial institutions to participate in consortia for the purpose of investing in black business enterprises.
(8) Ensure that funds available to the board for purposes set forth in ss. 9-21, chapter 85-104, Laws of Florida, are disbursed on a statewide basis and are not concentrated in one geographical area.
(9) Acquire real property or any interest therein, by purchase or foreclosure, where such acquisition is necessary or appropriate to protect or secure any investment or loan in which the board has an interest; to sell, transfer, and convey any such property to a buyer without regard to the provisions of chapters 253 and 270; and, in the event that such sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, to lease such property for occupancy by eligible persons.
(10) Invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under s. 215.47; provided, such investments will be made on behalf of the board by the Office of State Treasurer or by another trustee appointed for that purpose.
(11) Appear in its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government.
(12) Procure insurance or require bond against any loss in connection with its property in such amounts and from such insurers as may be necessary or desirable.
(13) Receive and accept from any federal, state, or local agency grants, loans, or advances for, or in aid of, the purposes of ss. 9-21, chapter 85-104, Laws of Florida, and to receive and accept contributions from any source of either money, property, labor, or other things of value, to be held, used, and applied for said purposes.
(14) Create, issue, and buy and sell stock, evidences of indebtedness, and other capital participation instruments; to hold such stock, evidences of indebtedness, and capital participation instruments; and to underwrite the creation of a capital market for these securities in a manner designed to enhance development of capital ownership in the target group.
(15) Provide and pay for such advisory services and technical assistance as may be necessary or desirable to carry out the purposes of this act.
(16) Engage in special programs to enhance the development of black business enterprises as authorized by this act.
(17) Do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted in, ss. 9-21, chapter 85-104, Laws of Florida, and exercise any other powers, rights, or responsibilities of a corporation.
History.--ss. 11, 32, ch. 85-104; s. 80, ch. 87-224; s. 28, ch. 94-322; s. 65, ch. 96-320; s. 57, ch. 98-200.
288.7091 Duties of the Florida Black Business Investment Board.--The Florida Black Business Investment Board shall:
(1) Establish certification criteria for black business investment corporations. Certification criteria shall include administrative capacity, fiduciary controls, and, in the case of existing black business investment corporations, solvency and soundness of prior loan decisions;
(2) Develop a memorandum of understanding with Enterprise Florida, Inc., that outlines a strategy for collaboration with the programs and boards of Enterprise Florida, Inc.;
(3) Include in the criteria for loan decisions, occupational forecasting results set forth in s. 216.136(10) which target high growth jobs;
(4) Establish, in communities that are not currently served by an existing black business investment corporation, memoranda of understanding with local financial institutions that will provide loan guarantees for loans to black business enterprises;
(5) Develop memoranda of understanding with the Departments of Labor and Employment Security, Education, Transportation, and Management Services, as well as the State Board of Regents, detailing efforts of common interest and collaborations to expand black business development;
(6) Intensify efforts to increase the number of the black business enterprises in construction and construction-related projects, focusing on federal, state, and local government financed construction projects; and
(7) Annually, prepare a report detailing the performance of each black business investment corporation, addressing the number of jobs created and/or retained, success and failure rates among loan recipients, and the amount of funds leveraged from other sources.
History.--s. 1, ch. 94-271; s. 62, ch. 96-320.
288.7095 Duties of the black business investment corporations.--The black business investment corporations shall coordinate with Enterprise Florida, Inc., and the Office of Tourism, Trade, and Economic Development to avoid duplication and to develop local business and the necessary infrastructure to support it.
History.--s. 63, ch. 96-320.
288.71 Conditions for board action.--The board shall require of all programs in which the board participates that any black business enterprise demonstrate to the appropriate entity that:
(1) The proposed investment is economically sound and will benefit the people of the state by increasing opportunities for employment, strengthening the economy of the state, or expanding black business enterprises.
(2) The black business enterprise proposed to be assisted will be able to compete successfully in the private sector if it obtains the requested financial assistance and has, or will obtain, necessary technical or managerial support through a private mentor, a state or federally sponsored small business assistance center, or other credible source. In determining whether a black business enterprise will be able to compete successfully, the entity shall consider such factors as:
(a) The successful completion of, or participation in, courses of study recognized by an appropriate accrediting agency or appropriate state agency as providing financial, technical, or managerial skills related to the operation of the business by the owner or partner;
(b) The prior success of the owner or partner in personal, career, or business activities;
(c) Amount of local and other financial assistance available to the black business enterprise;
(d) The availability of ongoing technical or managerial assistance by private sources; and
(e) Other factors identified by the board.
The board shall adopt rules that prescribe criteria used by the board to evaluate applications for financial assistance to black business enterprises.
History.--ss. 12, 32, ch. 85-104; s. 2, ch. 94-271; s. 28, ch. 94-322.
288.711 Florida Investment Incentive Trust Fund.--
(1) There is hereby created the Florida Investment Incentive Trust Fund from which money may be drawn for investments or loans, as authorized by this section, to encourage the development of appropriate financial mechanisms in the private sector to capitalize and assist in the development of black business enterprises. All income earned by investments of the fund shall be deposited in the fund for carrying out the purposes of ss. 9-21, chapter 85-104, Laws of Florida. Administrative costs of the program shall be appropriated in a lump-sum appropriation from the fund created herein and shall be provided in the General Appropriations Act.
(2) The board is authorized to invest from the Florida Investment Incentive Trust Fund in black business investment corporations which conduct, or agree to conduct, programs of assisting the development of black business enterprises. Such investments shall be made under conditions required by law and as the board may, from time to time, require and may take any of the following forms:
(a) Purchases of stock, preferred or common, voting or nonvoting, as determined by the board;
(b) Loans, with or without recourse, in either a subordinated or priority position, as determined by the board; provided, however, that no more than 20 percent of the capital base may be used for direct loans to black business enterprises; or
(c) Any other investment authorized by the board based on the expertise of its members.
(3) It is the intent of the Legislature that if any one type of investment mechanism authorized in subsection (2) is held to be invalid all other valid mechanisms remain available.
(4) All loans and investments, and any income related thereto, shall be used to carry out the public purpose of ss. 9-21, chapter 85-104, Laws of Florida, which is to develop black business enterprises. This is not meant to preclude a reasonable profit for the participating black business investment corporation or for return of equity developed to the state and participating financial institutions upon any distribution of the assets or excess income of the investment corporation.
History.--ss. 13, 32, ch. 85-104; s. 3, ch. 94-271; s. 28, ch. 94-322.
288.712 Florida guarantor funds.--
(1) The board is authorized to establish, with or without public or private partners, guarantor funds to assure capital availability to black business enterprises and to assist qualified black business enterprises in obtaining surety bonds and other credit instruments when required.
(2) There is hereby created in the State Treasury the Black Contractors Bond Trust Fund, the Black Business Loan Guaranty Trust Fund, and the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund.
(3)(a) The board may contract with a regulated surety company to conduct a surety bond program for black business enterprises.
(b) For purposes of this section, the board may utilize the Black Contractors Bond Trust Fund in the State Treasury, consisting of moneys deposited or credited to the Black Contractors Bond Trust Fund pursuant to appropriation made by law; any grants, gifts, and contributions received pursuant to ss. 9-21, chapter 85-104, Laws of Florida; all moneys recovered following defaults; and any other moneys obtained by the board for this purpose. The fund shall be administered by the board in trust for the purposes of this section and shall at no time be part of general public funds under the following procedures:
1. The board is authorized to post or pledge the assets of the Black Contractors Bond Trust Fund as collateral in amounts necessary to secure the issuance of bid bonds and construction contract bonds to black business enterprises. The board shall establish a premium to be charged to the black business enterprise for which the assets have been so posted or pledged, pursuant to generally accepted actuarial principles, and shall establish such rules as may otherwise be necessary to carry out the purposes of this section.
2. Any claims against the state arising from defaults shall be payable from the Black Contractors Bond Trust Fund.
3. Nothing in this subsection shall be construed to prohibit or restrict the board from entering into a joint venture or other contractual agreement with a private insurer or to invest in a private entity to handle all or part of a black contractors bonding program, credit program, or both for black business enterprises. Such investments or joint venture shall be made under conditions required by law and as the board may, from time to time, require and may take any of the forms described in s. 288.711(2) and (3). The board is authorized and encouraged to contract with a regulated surety company to conduct a surety bond program for black business enterprises. Moneys from the Black Contractors Bond Trust Fund may be used for these purposes.
(4)(a) The board may establish a loan guaranty program to assure capital availability to black business enterprises.
(b) If the board chooses to establish a loan guaranty program, it shall utilize the Black Business Loan Guaranty Trust Fund in the State Treasury, consisting of moneys deposited or credited to the Black Business Loan Guaranty Trust Fund pursuant to appropriation made by law; any grants, gifts, and contributions received pursuant to ss. 9-21, chapter 85-104, Laws of Florida; all moneys recovered following defaults; and any other moneys obtained by the board for this purpose. The Black Business Loan Guaranty Trust Fund shall be administered by the board in trust for the purposes of this section and shall at no time be part of general public funds under the following procedures:
1. The board shall utilize the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund in the State Treasury, consisting of all premiums charged and collected in accordance with this section and any income earned from the moneys in the account. All expenses of the board in carrying out the purposes of this subsection shall be paid from the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund. Any moneys to the credit of the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund in excess of the amount necessary to fund the board's activity shall be held as a loss reserve to pay claims arising from defaults on loans underwritten in accordance with this section.
2. Any claims against the state arising from defaults shall be payable initially from the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund and, secondarily, from the Black Business Loan Guaranty Trust Fund.
3. The board as loan guarantor may exercise all rights and powers of a company authorized by the Department of Insurance to guarantee loans but shall not be subject to any requirements of an insurance company under the Florida Insurance Code, nor to any rules of the Department of Insurance; however, the board shall refer to the insurance code and rules thereunder when designing and administering such program. The board shall follow sound actuarial principles when administering this program. The board shall establish a premium for the loan guaranty and such rules as may be necessary to carry out the purposes of this section.
4. The board may guarantee no more than 20 percent of the principal of a loan to a black business enterprise.
(5)(a) The board shall establish a program to develop a secondary market for loans to black business enterprises. It shall cooperate with the Small Business Administration and the State Board of Administration in identifying market opportunities and barriers to efficient and effective handling of a secondary market for loans to black business enterprises.
(b) If the board finds that an insufficient or ineffective secondary market exists in the state for loans to black business enterprises, the board is authorized to develop, with or without public or private partners, investment pools of such loans. It may insure such investment pools, use any of its moneys available to establish reserve funds, charge such premiums, and establish trust funds as may be necessary to carry out the provisions of this subsection.
(6) Nothing in this section grants or pledges to any obligee or other person any state moneys other than the moneys in the Black Contractors Bonding Program Administrative and Loss Reserve Fund, the Black Contractors Bond Trust Fund, the Black Business Loan Guaranty Trust Fund, the Black Business Loan Guaranty Program Administrative and Loss Reserve Fund, or moneys available upon request of the board specially retained for this purpose.
(7) Personal financial records of persons participating in the programs pursuant to this section are confidential and exempt from the provisions of s. 119.07(1).
History.--ss. 14, 32, ch. 85-104; s. 3, ch. 89-352; s. 105, ch. 90-360; s. 28, ch. 94-322; s. 1, ch. 95-386; s. 141, ch. 96-406.
288.713 Capital participation instruments.--
(1) The board may issue capital participation instruments in the form of stock or equity investments repayable solely from revenues derived from underlying equity or loans made to black business enterprises and any payments from an insurer or guarantor of loans.
(2) The board may authorize counties and municipalities to issue bonds to finance loan pools developed under s. 288.712 repayable solely from revenues derived from the underlying loans and any payments from an insurer or guarantor of the loans. The board shall have the power and authority to authorize the issuance of the bonds in the manner granted by ss. 215.57-215.83, except the following provisions shall control:
(a) The bonds may be sold at either public or private sale.
(b) All bonds issued under authority of this act shall state on the face thereof that the bonds are payable, both as to principal and interest, solely out of the revenues pledged, including any insurance or guaranties as to revenues, and do not constitute an obligation, either general or special, of the state or of any local government.
(c) Any pledge of earnings, revenues, or other moneys made by a local government shall be valid and binding from the time the pledge is made. The earnings, revenues, or other moneys so pledged and thereafter received by the agency shall immediately be subject to the lien of that pledge without any physical delivery thereof or further act. The lien of the pledge shall be valid and binding as against the local government irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or filed pursuant to the Uniform Commercial Code.
History.--ss. 15, 32, ch. 85-104; s. 28, ch. 94-322.
288.714 Annual report.--By March 31 of each year the board shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the secretary of the Department of Labor and Employment Security a complete and detailed report setting forth:
(1) Operations and accomplishments of the board;
(2) The number of black business enterprises which participated during the past year in programs established or administered by the board;
(3) The number of black business enterprises receiving assistance from the board and the manner in which the assistance was received;
(4) The status of black business enterprises which participated in programs established or administered by the board;
(5) The total number of jobs represented by black business enterprises participating in programs established or administered by the board;
(6) Receipts and expenditures of the board during its most recent fiscal year in accordance with the categories or classifications established by the board for its operating and capital accounts;
(7) Assets and liabilities of the board at the end of its most recent fiscal year and the status of its trust funds; and
(8) A schedule of local bonds outstanding authorized by the board and capital participation instruments issued by the board for the year and the total to date.
History.--s. 20, ch. 85-104; s. 4, ch. 89-352; s. 66, ch. 96-320.
EXPORT FINANCE
288.770 Short title.
288.771 Legislative findings and intent.
288.772 Definitions.
288.773 Florida Export Finance Corporation.
288.774 Powers and limitations.
288.775 Florida Export Finance Corporation Guarantee Account.
288.776 Board of directors; powers and duties.
288.777 President of the corporation.
288.7771 Annual report of Florida Export Finance Corporation.
288.7772 Audits.
288.778 Department of Banking and Finance.
288.770 Short title.--Sections 288.771-1288.779 may be cited as the "Florida Export Finance Corporation Act."
History.--s. 46, ch. 93-187.
1Note.--Repealed by s. 154, ch. 96-320.
288.771 Legislative findings and intent.--The Legislature finds that the expansion of international trade is vital to the overall health and growth of Florida's economy; however, this expansion is severely slowed by the lack of financial and technical assistance for small and medium-sized Florida businesses. The Legislature further finds that these businesses could be assisted through the establishment of a Florida Export Finance Corporation designed to work with the United States Export-Import Bank, Small Business Administration, Foreign Credit Insurance Association, Overseas Private Investment Corporation, Private Export Funding Corporation, and other federal, state, and private agencies and institutions to provide Florida traders with information, technical assistance, and financial support. It is the intention of the Legislature to expand job opportunities for Florida's workforce. Furthermore, it is the intention of the Legislature to avoid duplicating existing programs, and to coordinate, assist, augment, and improve the access to those programs by Florida-based small and medium-sized businesses and to promote Florida products and services in the international marketplace.
History.--s. 47, ch. 93-187.
288.772 Definitions.--For purposes of ss. 288.771-288.778:
(1) "Account" means the Florida Export Finance Corporation account in the Florida Intergovernmental Relations Foundation, Inc.
(2) "Board" means the board of directors of the Florida Export Finance Corporation.
(3) "Corporation" means the Florida Export Finance Corporation.
(4) "Domiciled in this state" means registered to do business in this state.
(5) "Financial institution" shall have the same meaning as that term is defined in s. 655.005(1)(h).
(6) "President" means the chief executive officer of the Florida Export Finance Corporation.
(7) "Small and medium-sized businesses" or "businesses" means businesses domiciled in this state which employ less than 250 people and have a net worth of less than $6 million.
History.--s. 48, ch. 93-187; s. 68, ch. 96-320; s. 21, ch. 97-278.
288.773 Florida Export Finance Corporation.--The Florida Export Finance Corporation is hereby created as a corporation not for profit, to be incorporated under the provisions of chapter 617 and approved by the Department of State. The corporation is organized on a nonstock basis. The purpose of the corporation is to expand employment and income opportunities for residents of this state through increased exports of goods and services, by providing businesses domiciled in this state information and technical assistance on export opportunities, exporting techniques, and financial assistance through guarantees and direct loan originations for sale in support of export transactions. The corporation shall have the power and authority to carry out the following functions:
(1) To coordinate the efforts of the corporation with programs and goals of the United States Export-Import Bank, the International Trade Administration of the United States Department of Commerce, the Foreign Credit Insurance Association, Enterprise Florida, Inc., and its boards, and other private and public programs and organizations, domestic and foreign, designed to provide export assistance and export-related financing.
(2) To establish a network of contacts among those domestic and foreign public and private organizations which provide information, technical assistance, and financial support of exporting.
(3) To assemble, publish, and disseminate information on export opportunities, techniques of exporting, sources of public and private export assistance, and sources of export-related financing.
(4) To organize, host, and participate in seminars and other forums designed to disseminate information and technical assistance on exporting and export-related financing.
(5) To insure, coinsure, lend, and guarantee loans, and to originate for sale direct export-related loans, extended to small and medium-sized businesses in this state pursuant to criteria, bylaws, rules, and policies adopted by the board.
History.--s. 49, ch. 93-187; s. 69, ch. 96-320.
288.774 Powers and limitations.--
(1) The corporation may charge fees to help defray the operating expenses of its programs. The amount of fees shall be determined by the board.
(2) The total of loans, guarantees, direct loan originations for sale and insured export transactions outstanding shall not be more than five times the balance of the account. The board may elect to require a higher reserve.
(3)(a) The board shall adopt rules on the terms and limits for loans, guarantees, and direct loan originations, but a loan guarantee or a direct loan origination shall not exceed 90 percent of the transaction contract.
(b) In providing assistance, the board shall be guided by the statewide economic development plan adopted pursuant to s. 288.905.
(c) The board shall explore the possibility of organizing Florida financial institutions and international bank syndicates for the purpose of offering nonrecourse postexport financing to Florida exporters.
(4) The board shall adopt rules to ensure that program participants graduate from the program to private financing and that no applicant receives more than $500,000 of assistance over any 5-year period. On a case-by-case basis, the board may exempt applicants from this limitation if the applicant demonstrates that he or she cannot secure financing from traditional lending sources. The term "applicant," as used in this subsection, means any individual corporate officer or business owner regardless of whether the business name changes from application to application.
History.--s. 50, ch. 93-187; s. 224, ch. 95-148; s. 70, ch. 96-320.
288.775 Florida Export Finance Corporation Guarantee Account.--
(1) The board shall create the Florida Export Finance Corporation Guarantee Account for the purpose of receiving state, federal, and private financial resources, and the return from investments of those resources, and for the purposes of this part. The account shall be under the exclusive control of the board.
(2) Resources in the account shall be allocated for operating expenses of the corporation and for other purposes authorized in this part.
(3) Appropriations for the corporation shall be deposited into the account.
(a) The board of the corporation may deposit the resources of the account designated for the purposes of this section with state or federally chartered financial institutions in this state and may invest the remaining portion in permissible securities.
(b) At all times, the board shall attempt to maximize the returns on these funds.
(c) All funds received from the activity of the corporation shall be redeposited in the account to be used to support the purposes of this part.
(4) Any claims against the account shall be paid solely from the account. Under no circumstances shall the credit of the state be pledged other than funds appropriated by law to the account, nor shall the state be liable or obligated in any way for claims on the account or against the corporation.
History.--s. 51, ch. 93-187; s. 71, ch. 96-320; s. 22, ch. 97-278.
288.776 Board of directors; powers and duties.--
(1)(a) The corporation shall have a board of directors consisting of 15 members representing all geographic areas of the state. Minority and gender representation must be considered when making appointments to the board. The board membership must include:
1. A representative of the following businesses, all of which must be registered to do business in this state: a foreign bank, a state bank, a federal bank, an insurance company involved in covering trade financing risks, and a small or medium-sized exporter.
2. The following persons or their designee: the President of Enterprise Florida, Inc., the Comptroller, the Secretary of State, a senior official of the United States Department of Commerce, and the chair of the 1Florida Black Business Investment Board.
(b) Appointees who are not state or Federal Government officials shall serve for a term of 3 years and shall be eligible for reappointment. Nonstate and nonfederal official vacancies on the board shall be filled by the board within 30 days after the effective date of the vacancy.
(2) Board members shall serve without compensation but may be reimbursed for all necessary expenses in the performance of their duties, including attending board meetings and conducting board business.
(3) The board shall:
(a) Prior to the expenditure of funds from the export finance account, adopt bylaws, rules, and policies which are necessary to carry out the responsibilities under this part, particularly with respect to the implementation of the corporation's programs to insure, coinsure, lend, provide loan guarantees, and make direct, guaranteed, or collateralized loans by the corporation to support export transactions. The corporation's bylaws, rules, and policies shall be reviewed and approved by Enterprise Florida, Inc., prior to final adoption by the board.
(b) Hold regularly scheduled meetings, at least quarterly, in order to carry out the objectives and responsibilities of the board.
(c) Issue an annual report to Enterprise Florida, Inc., on the activities of the corporation, including an evaluation of activities and recommendations for change. The evaluation shall include the corporation's impact on the following:
1. Participation of private banks and other private organizations and individuals in the corporation's export financing programs.
2. Access of small and medium-sized businesses in this state to federal export financing programs.
3. Export volume of the small and medium-sized businesses in this state accessing the corporation's programs.
4. Other economic and social benefits to international programs in this state.
(d) Adopt policies, including criteria, establishing which exporters and export transactions shall be eligible for insurance, coinsurance, loan guarantees, and direct, guaranteed, or collateralized loans which may be extended by the corporation. Pursuant to this subsection, the board shall adopt rules to include the following criteria:
1. Any individual signing any corporation loan application and loan or guarantee agreement shall have an equity in the business applying for financial assistance.
2. Each program shall exclusively support the export of goods and services by small and medium-sized businesses which are domiciled in this state. Priority shall be given to goods which have value added in this state.
3. Financial assistance shall only be extended when at least one of the following circumstances exists:
a. The assistance is required to secure the participation of small and medium-sized export businesses in federal, state, or private financing programs.
b. No conventional source of lender support is available for the business from public or private financing sources.
Personal financial records, trade secrets, or proprietary information of applicants shall be confidential and exempt from the provisions of s. 119.07(1).
(e) Adopt requirements to ensure the full repayment of loans and loan guarantees, plus accrued interest, full-recourse claims, and indemnities on direct loan originations sold by the corporation, and the solvency of any insurance and coinsurance program extended under this part.
(f) Approve any extension of insurance, coinsurance, loans, loan guarantees, or direct loan originations for sale, under this part.
(g) Consult with Enterprise Florida, Inc., and its boards, or any state or federal agency, to ensure that the respective loan guarantee or working capital loan origination programs are not duplicative and that each program makes full use of, to the extent practicable, the resources of the other.
(h) Work to secure a delegated line of authority from the United States Export-Import Bank or other appropriate federal or state agency or private sector entity in order to take advantage of this possible funding or guarantee source.
(i) Develop a streamlined application and review process, including a survey of businesses to obtain the statistics required in paragraph (c).
History.--s. 52, ch. 93-187; s. 2, ch. 95-386; s. 72, ch. 96-320; s. 142, ch. 96-406; s. 23, ch. 97-278.
1Note.--The word "Florida" was inserted by the editors to conform to the title of the board as created in s. 288.707.
288.777 President of the corporation.--
(1) The board shall appoint a president. The president shall be knowledgeable about private and public export assistance and export financing programs.
(2) The president shall serve at the pleasure of the board and shall receive a salary and benefits as shall be fixed by the board.
(3) The president shall administer the programs of the corporation and perform such duties as shall be delegated by the board.
(4) The president may, upon approval of the board:
(a) Contract for services.
(b) Hold public hearings.
(c) Call upon and reimburse for services any state agency or department for assistance in carrying out the objectives of this part.
(d) Participate with government or private industry in programs for technical assistance, loans, technology transfer, or any other programs related to this part.
(e) Undertake or commission studies on methods to increase financial resources to expand the exports of goods and services by small and medium-sized businesses in this state.
(f) Hire staff and provide export finance training for them and other individuals involved in export finance assistance, including such training sessions as may be provided by the United States Export-Import Bank and other organizations.
(g) Exercise any other powers as may be necessary to carry out the purposes of this part.
(5) The president shall provide staff to the board as requested.
(6) The president shall submit an annual budget to be approved by the board.
History.--s. 53, ch. 93-187; s. 73, ch. 96-320; s. 24, ch. 97-278.
288.7771 Annual report of Florida Export Finance Corporation.--By March 31 of each year, the corporation shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report setting forth:
(1) The evaluation required in s. 288.7772(1).
(2) The report required in s. 288.776(3).
(3) Its assets and liabilities at the end of its most recent fiscal year.
History.--s. 54, ch. 93-187; s. 74, ch. 96-320; s. 25, ch. 97-278.
288.7772 Audits.--
(1) By September 1, 1993, the Florida Export Finance Corporation in cooperation with the Auditor General shall develop a research design, including goals and measurable objectives for the corporation, which will provide the Legislature with a quantitative evaluation of the corporation. The corporation shall utilize the monitoring mechanisms and reports developed in the designs and provide these reports to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Auditor General.
(2) Prior to the 1998 Regular Session of the Legislature, the Auditor General shall perform a review and evaluation of the corporation using the research design promulgated pursuant to subsection (1). The report shall critique the corporation. A report of the findings and recommendations of the Auditor General shall be submitted to the President of the Senate and the Speaker of the House of Representatives prior to the 1998 Regular Session.
History.--s. 55, ch. 93-187.
288.778 Department of Banking and Finance.--The Division of Banking of the Department of Banking and Finance shall review the corporation's activities once every 24 months to determine compliance with this part and other related laws and rules and to evaluate the corporation's operations. The division shall prepare a report based on its review and evaluation with recommendation for any corrective action. The president shall submit to the division regular reports on the corporation's activities. The content and frequency of such reports shall be determined by the division. The division shall charge a fee for conducting the review and evaluation and preparing the related report, which fee shall not be in excess of the examination fee paid by financial institutions chartered or licensed under the financial institutions code of this state.
History.--s. 56, ch. 93-187.
INTERNATIONAL AFFAIRS
288.809 Florida Intergovernmental Relations Foundation; use of property; board of directors; audit.
288.8155 International Trade Data Resource and Research Center.
288.816 Intergovernmental relations.
288.8175 Linkage institutes between postsecondary institutions in this state and foreign countries.
288.826 Florida International Trade and Promotion Trust Fund.
288.851 Short title.
288.852 Legislative purpose.
288.853 International sanctions against Castro government.
288.854 Support for a free and independent Cuba.
288.855 Export or sale for export to foreign countries in violation of federal law prohibited.
288.809 Florida Intergovernmental Relations Foundation; use of property; board of directors; audit.--
(1) DEFINITIONS.--For the purposes of this section, the term:
(a) "Florida Intergovernmental Relations Foundation" means a direct-support organization:
1. Which is a corporation not for profit that is incorporated under the provisions of chapter 617 and approved by the Department of State;
2. Which is organized and operated exclusively to solicit, receive, hold, invest, and administer property and, subject to the approval of the Department of State, to make expenditures to or for the promotion of intergovernmental relations programs; and
3. Which the Department of State, after review, has certified to be operating in a manner consistent with the policies and goals of the department.
(b) "Personal services" includes full-time or part-time personnel, as well as payroll processing.
(2) USE OF PROPERTY.--The department:
(a) Is authorized to permit the use of property, facilities, and personal services of the department by the foundation, subject to the provisions of this section.
(b) Shall prescribe conditions with which the foundation must comply in order to use property, facilities, or personal services of the department. Such conditions shall provide for budget and audit review and for oversight by the department.
(c) Shall not permit the use of property, facilities, or personal services of the foundation if the foundation does not provide equal employment opportunities to all persons, regardless of race, color, national origin, sex, age, or religion.
(3) BOARD OF DIRECTORS.--The board of directors of the foundation shall be composed of seven members appointed by the Secretary of State, of whom no more than three shall be employees or elected officials of the state.
(4) ANNUAL AUDIT.--The foundation shall make provision for an annual postaudit of its financial accounts to be conducted by an independent, certified public accountant. The annual audit report shall include a management letter and shall be submitted to the Auditor General and the department for review. The department and the Auditor General have the authority to require and receive from the foundation or from its independent auditor any detail or supplemental data relative to the operation of the foundation. The identity of a donor or prospective donor to the foundation who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.
History.--s. 67, ch. 90-201; s. 9, ch. 91-5; s. 26, ch. 91-201; s. 5, ch. 91-429; s. 11, ch. 92-299; s. 225, ch. 95-148; s. 2, ch. 95-369; s. 75, ch. 96-320; s. 143, ch. 96-406.
288.8155 International Trade Data Resource and Research Center.--Enterprise Florida, Inc., and the Florida Seaport Transportation and Economic Development Council may establish a comprehensive trade data resource and research center to be known as the "International Trade Data Resource and Research Center." The center may join with other public sector or private sector entities, domestic or foreign, to accomplish its purposes.
(1) Enterprise Florida, Inc., and the council shall prepare an operational plan for the management and establishment of the International Trade Data Resource and Research Center. The operational plan shall contain a pro forma budget that includes, but is not limited to, the acquisition of equipment, data, personnel, and other related services.
(2) Enterprise Florida, Inc., shall contract with the center for the purpose of developing a trade information system that may include, but is not limited to, timely import and export information; trade opportunities; intermodal transportation information that measures cargo flow by transportation mode; commodity trends; trade activity between Florida and specific countries; and other information as determined by Enterprise Florida, Inc., and the council. In addition, this agreement may:
(a) Provide the budget and cost for operating the center.
(b) Provide that Enterprise Florida, Inc., will assist in providing research on trade opportunities in specific countries; that Enterprise Florida, Inc., will have complete access to all information produced by the center; that Enterprise Florida, Inc., and the foreign offices of the state may provide a computer linkup with the center; that Enterprise Florida, Inc., and the center will develop a plan that provides for the sale, promotion, and packaging of information provided by the center to both Florida and non-Florida businesses; that the center will set fees to be charged for trade data information or research developed by the center; and that fees may be paid by cash, credit card, or electronic transfer.
(c) Provide any other terms and conditions required to effect the intent of the Legislature to ensure the general availability of trade data and research to Florida users and to promote the development of a center for the purposes enumerated in this section.
History.--s. 8, ch. 92-277; s. 76, ch. 96-320.
288.816 Intergovernmental relations.--
(1) The Secretary of State shall be responsible for consular operations and the sister city and sister state program and shall serve as liaison with foreign, federal, and other state international organizations and with county and municipal governments in Florida.
(2) The secretary shall be responsible for all consular relations between the state and all foreign governments doing business in Florida. The secretary shall monitor United States laws and directives to ensure that all federal treaties regarding foreign privileges and immunities are properly observed. The secretary shall promulgate rules which shall:
(a) Establish a viable system of registration for foreign government officials residing or having jurisdiction in the state. Emphasis shall be placed on maintaining active communication between the secretary and the United States Department of State in order to be currently informed regarding foreign governmental personnel stationed in, or with official responsibilities for, Florida. Active dialogue shall also be maintained with foreign countries which historically have had dealings with Florida in order to keep them informed of the proper procedure for registering with the state.
(b) Maintain and systematically update a current and accurate list of all such foreign governmental officials, consuls, or consulates.
(c) Issue certificates to such foreign governmental officials after verification pursuant to proper investigations through United States Department of State sources and the appropriate foreign government.
(d) Verify entitlement to sales and use tax exemptions pursuant to United States Department of State guidelines and identification methods.
(e) Verify entitlement to issuance of special motor vehicle license plates by the Division of Motor Vehicles of the Department of Highway Safety and Motor Vehicles to honorary consuls or such other officials representing foreign governments who are not entitled to issuance of special Consul Corps license plates by the United States Government.
(f) Establish a system of communication to provide all state and local law enforcement agencies with information regarding proper procedures relating to the arrest or incarceration of a foreign citizen. Florida law enforcement agencies shall inform the Department of State when such arrest or incarceration occurs. The secretary in turn shall notify the appropriate foreign governmental official. The secretary shall annually report on the actions taken to inform law enforcement agencies, and on the cooperation from such agencies, to the President of the Senate and the Speaker of the House of Representatives.
(g) Request the Department of Law Enforcement to provide transportation and protection services when necessary pursuant to s. 281.20.
(h) Coordinate, when necessary, special activities between foreign governments and Florida state and local governments. These may include Consular Corps Day, Consular Corps conferences, and various other social, cultural, or educational activities.
(i) Notify all newly arrived foreign governmental officials of the services offered by the secretary.
(3) The Secretary of State shall operate the sister city and sister state program and establish such new programs as needed to further global understanding through the interchange of people, ideas, and culture between Florida and the world. To accomplish this purpose, the secretary shall have the power and authority to:
(a) Coordinate and carry out activities designed to encourage the state and its subdivisions to participate in sister city and sister state affiliations with foreign countries and their subdivisions. Such activities may include a State of Florida sister cities conference.
(b) Encourage cooperation with and disseminate information pertaining to the Sister Cities International Program and any other program whose object is to promote linkages with foreign countries and their subdivisions.
(c) Maximize any aid available from all levels of government, public and private agencies, and other entities to facilitate such activities.
(d) Establish a viable system of registration for sister city and sister state affiliations between the state and foreign countries and their subdivisions. Such system shall include a method to determine that sufficient ties are properly established as well as a method to supervise how these ties are maintained.
(e) Maintain a current and accurate listing of all such affiliations. Sister city affiliations shall not be discouraged between the state and any country specified in s. 620(f)(1) of the federal Foreign Assistance Act of 1961, as amended, with whom the United States is currently conducting diplomatic relations unless a mandate from the United States Government expressly prohibits such affiliations.
(4) The Secretary of State shall serve as a contact for the state with the Florida Washington Office, the Florida Congressional Delegation, and United States Government agencies with respect to laws or policies which may affect the interests of the state in the area of international relations. All inquiries received regarding international economic trade development or reverse investment opportunities shall be referred to Enterprise Florida, Inc. In addition, the secretary shall serve as liaison with other states with respect to international programs of interest to Florida. The secretary shall also investigate and make suggestions regarding possible areas of joint action or regional cooperation with these states.
(5) The Secretary of State shall have the power and duty to encourage the relocation to Florida of consular offices and multilateral and international agencies and organizations.
(6) The Secretary of State, through membership on the board of directors of Enterprise Florida, Inc., shall help to contribute an international perspective to the state's development efforts.
History.--s. 74, ch. 90-201; s. 16, ch. 91-5; s. 26, ch. 91-201; s. 5, ch. 91-429; s. 77, ch. 96-320; s. 26, ch. 97-278.
288.8175 Linkage institutes between postsecondary institutions in this state and foreign countries.--
(1) There are created, within the Department of Education, Florida linkage institutes. A primary purpose of these institutes is to assist in the development of stronger economic and social ties between this state and strategic foreign countries through the promotion of expanded public and private dialogue on cooperative research and technical assistance activities, increased bilateral commerce, student and faculty exchange, cultural exchange, and the enhancement of language training skills between the postsecondary institutions in this state and those of selected foreign countries. Each institute must ensure that minority students are afforded an equal opportunity to participate in the exchange programs.
(2) Each institute must be governed by an agreement, approved by the Department of Education, between the State University System and the Community College System with the counterpart organization of higher education in the foreign country. Each institute must report to the department regarding its program activities, expenditures, and policies.
(3) Each institute must be co-administered in this state by a university-community college partnership, as designated in subsection (4), and must have a private sector and public sector advisory committee. The advisory committee must be representative of the international education and commercial interests of the state and may have members who are native to the foreign country partner. Six members must be appointed by the Department of Education. The department must appoint at least one member who is an international educator. The presidents, or their designees, of the participating university and community college must also serve on the advisory committee.
(4) The institutes are:
(a) Florida-Brazil Institute (University of Florida and Miami-Dade Community College).
(b) Florida-Costa Rica Institute (Florida State University and Valencia Community College).
(c) Florida Caribbean Institute (Florida International University and Daytona Beach Community College).
(d) Florida-Canada Institute (University of Central Florida and Palm Beach Junior College).
(e) Florida-China Institute (University of West Florida, University of South Florida, and Brevard Community College).
(f) Florida-Japan Institute (University of South Florida, University of West Florida, and St. Petersburg Community College).
(g) Florida-France Institute (New College of the University of South Florida, Miami-Dade Community College, and Florida State University).
(h) Florida-Israel Institute (Florida Atlantic University and Broward Community College).
(i) Florida-West Africa Institute (Florida Agricultural and Mechanical University, University of North Florida, and Florida Community College at Jacksonville).
(j) Florida-Eastern Europe Institute (University of Central Florida and Lake Sumter Community College).
(k) Florida-Mexico Institute (Florida International University and Polk Community College).
(5) Each institute is allowed to exempt from s. 240.1201 up to 25 full-time equivalent students per year from the respective host countries to study in any of the state universities or community colleges in this state as resident students for tuition purposes. The institute directors shall develop criteria, to be approved by the Department of Education, for the selection of these students. Students must return home within 3 years after their tenure of graduate or undergraduate study for a length of time equal to their exemption period.
(6) Each state university and community college linkage institute partner may enter into an agreement for a student exchange program, that requires that the tuition and fees of a student who is enrolled in a state university or community college and who is participating in an exchange program be paid to the university or community college while the student is participating in the exchange program. The agreement may also require that the tuition and fees of a student who is enrolled in a postsecondary institution in a foreign country and who is participating in an exchange program be paid to the foreign institution of enrollment.
(7) No later than 60 days before every regular session of the Legislature, the Department of Education shall present to the Speaker of the House of Representatives, the President of the Senate, and the minority leaders of the House of Representatives and the Senate a review of linkage institute program activity, criteria for their operation, accountability standards, recommended funding levels, and recommendations for establishing, maintaining, or abolishing linkage institutes. The criteria shall be developed in consultation with Enterprise Florida, Inc. The criteria must include, but need not be limited to, the purpose stated in subsection (1) and:
(a) The importance of economic, political, and social ties between this state and the country or region.
(b) The potential for growth and expansion of commercial, educational, and cultural links.
(c) The viability of regionally oriented, rather than country-specific, linkages, based on historical or emerging regional economic or political trading blocs.
(8) A linkage institute may not be created or funded except upon the recommendation of the Department of Education and except by amendment to this section.
(9) The Department of Education shall review and make linkage-institute budget requests to the Governor and the Legislature. State appropriations for institutes created under this section must be made by a single lump-sum line item to the department, which must apportion the funds among the various institutes in accordance with criteria established by the department.
(10) Linkage institutes may accept and administer moneys provided by the Department of State for research and development of international trade. The Secretary of State shall, by March 1, report to the Governor, the President of the Senate, and the Speaker of the House of Representatives in each year in which the Department of State has provided moneys for a linkage institute. The report must detail the purpose of the expenditure by the Department of State and the use of the moneys by the linkage institutes and must include a copy of the research documents or related materials produced, if any.
History.--s. 23, ch. 87-329; s. 1, ch. 88-162; s. 78, ch. 90-201; s. 34, ch. 90-302; s. 21, ch. 91-5; s. 26, ch. 91-201; s. 5, ch. 91-429; s. 66, ch. 93-187; s. 78, ch. 96-320; s. 27, ch. 97-278.
Note.--Former s. 240.137.
288.826 Florida International Trade and Promotion Trust Fund.--There is hereby established in the State Treasury the Florida International Trade and Promotion Trust Fund. The moneys deposited into this trust fund shall be administered by the Office of Tourism, Trade, and Economic Development for the operation of Enterprise Florida, Inc., and its boards and for the operation of Florida foreign offices under s. 288.012.
History.--s. 91, ch. 90-132; s. 114, ch. 90-201; s. 55, ch. 91-5; s. 26, ch. 91-201; s. 5, ch. 91-429; s. 16, ch. 92-299; s. 13, ch. 95-430; s. 79, ch. 96-320.
288.851 Short title.--This act may be cited as the "Cuban Freedom Act."
History.--s. 1, ch. 96-188.
288.852 Legislative purpose.--It is the purpose of this act to assist in strengthening international sanctions against the government of Fidel Castro and his regime in the Republic of Cuba, encouraging the holding of free and fair elections, providing a policy framework for the United States and Florida to support a transition government and a democratically elected government in Cuba, and protecting the rights of Floridians who own claims to confiscated property abroad.
History.--s. 2, ch. 96-188.
288.853 International sanctions against Castro government.--
(1) The Legislature hereby finds that:
(a) The acts of Fidel Castro and his government, including human rights violations, are a threat to international peace and to the peace of the State of Florida.
(b) The President should instruct the United States Permanent Representative to the United Nations to seek, in the Security Council, an international embargo against the Castro dictatorship, similar to consultations conducted with respect to Haiti.
(c) There should be a detrimental impact on United States assistance to any independent state of the former Soviet Union which resumes efforts to make operational the nuclear facility at Cienfuegos, Cuba.
(2) The Legislature hereby supports and reaffirms s. 1704(a) of the Cuban Democracy Act of 1992, which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba, and urges the President to take immediate steps to apply sanctions described in s. 1704(b)(1) of such act against countries assisting Cuba.
(3) To the extent allowed by federal law, no loan, credit, or other financing may be extended knowingly by a citizen or legal resident of Florida, a state agency, or a financial institution located or doing business in Florida to any person for the purpose of financing transactions involving any confiscated property, as defined by s. 4 of the federal Cuban Liberty and Democratic Solidarity Act of 1996, the claim to which is owned by a citizen or legal resident of Florida as of July 1, 1996, except for financing by the citizen or legal resident of Florida owning such claim for a transaction permitted under state and federal law. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 so long as the imposition of the state penalty does not in any way interfere with full federal prosecution and penalties.
(4) The Legislature hereby requests:
(a) Congress and the President to withhold payment to any international financial institution that approves a loan or other assistance to Cuba in an amount equal to the amount of the loan or assistance provided to Cuba.
(b) The President to instruct the United States Permanent Representative to the Organization of American States to oppose the readmission of Cuba to the Organization of American States until a democratically elected government exists in Cuba.
(c) Upon the termination of Fidel Castro's government in Cuba to take steps during the period that a transition government is in power in Cuba to support the processing of Cuba's application for membership in any international financial institution, to take effect after a democratically elected government is in power in Cuba.
(5) Furthermore, contingent upon annual appropriation, to the extent covered by the report submitted by the President according to s. 108 of the 1Cuban Liberty and Democratic Solidarity Act of 1966, and until such time as the President submits a determination under s. 203(c)(1) of the Cuban Liberty and Democratic Solidarity Act of 1996, the Governor shall submit an annual report to the President of the Senate and the Speaker of the House of Representatives on assistance to and commerce with Cuba by citizens and legal residents of Florida. Each report shall contain:
(a) Identification of Cuba's trading partners and the extent of such trade.
(b) A description of joint ventures completed or under consideration by foreign nationals and business firms located in or doing business in Florida involving facilities in Cuba.
(c) A determination as to whether any facilities are claimed by a citizen of Florida.
(d) Steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Cuba involving Cuban and/or foreign nationals or businesses are not entering the Florida market.
(6)(a) It is illegal for any person, firm, or corporation to import into Florida any sugars, syrups, or molasses that are the product of a country that the President determines has imported sugar, syrup, or molasses from Cuba. The intent of this section is to prevent indirect subsidization of the Cuban sugar industry through countries that buy Cuban sugar for domestic consumption and sell their own sugar to the United States at inflated prices under the sugar quota allotment program. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 so long as the imposition of the state penalty does not in any way interfere with full federal prosecution and penalties.
(b) The requirements of paragraph (a) shall not apply if the country described in paragraph (a) certifies to the President that the country will not import sugar, syrup, or molasses that is the product of Cuba until free and fair elections are held in Cuba.
History.--s. 3, ch. 96-188.
1Note.--The correct title of the act is the Cuban Liberty and Democratic Solidarity Act of 1996.
288.854 Support for a free and independent Cuba.--
(1) It is the policy of Florida to:
(a) Support the self-determination of the Cuban people.
(b) Facilitate a peaceful transition to representative democracy and a free market economy in Cuba.
(c) Be impartial toward any individual or entity in the selection by the Cuban people of their future government.
(2) Once the President has determined that a democratically elected government exists in Cuba, the Legislature of Florida supports the United States policy to:
(a) Restore diplomatic recognition and support the reintegration of Cuba into entities of the Inter-American System.
(b) Remove the economic embargo.
(c) Pursue a mutually beneficial trading relationship.
(3) Florida's participation in the economic embargo on Cuba shall be terminated by Florida upon transmittal to Congress of a presidential determination that a democratically elected government is in power in Cuba.
(4) For the purposes of this act, the term:
(a) A "transition government in Cuba" means one which:
1. Is demonstrably in transition from communist totalitarian dictatorship to democracy.
2. Has released all political prisoners.
3. Has dissolved the present Department of State Security in the Cuban Ministry of the Interior.
4. Also "makes public commitments" to:
a. Establishing an independent judiciary.
b. Respecting internationally recognized human rights and basic freedoms.
c. Guaranteeing the rights of free speech and freedom of the press.
d. Permitting the reinstatement of citizenship to Cuban-born nationals returning to Cuba.
e. Organizing free and fair elections for a new government.
f. Assuring the right to private property.
g. Taking appropriate steps either to return to United States citizens property taken by the government of Cuba on or after January 1, 1959, or to provide equitable compensation to United States citizens for such property.
h. Having a currency that is fully convertible domestically and internationally.
i. Granting permits to privately owned telecommunications and media companies to operate in Cuba.
j. Allowing the establishment of an independent labor movement and of independent social, economic, and political associations.
5. Does not include Fidel Castro or Raul Castro.
6. Has given adequate assurances that it will allow the speedy and efficient distribution of assistance to the Cuban people.
7. Permits the deployment throughout Cuba of independent and unfettered international human rights monitors.
(b) A "democratic government in Cuba" means one which:
1. Is the product of free and fair elections in which opposition parties had sufficient time to organize and were permitted full access to media.
2. Is showing respect for basic civil liberties and human rights.
3. Has established an independent judiciary.
4. Is moving toward a market-oriented economic system based on the right to own and enjoy property.
5. Is committed to making constitutional changes that would ensure regular free and fair elections.
6. Has returned to United States citizens, and entities which are 50 percent or more beneficially owned by United States citizens, property taken by the government of Cuba from such citizens and entities on or after January 1, 1959, or provides full compensation in accordance with international law standards.
History.--s. 4, ch. 96-188.
288.855 Export or sale for export to foreign countries in violation of federal law prohibited.--No person, corporation, company, or other entity shall export or make a sale intended for export to a foreign country of any goods, products, or services in violation of any federal law. Except as prohibited by the preceding sentence, no person, corporation, company, or other entity, by contract or otherwise, shall prohibit, restrict, or restrain the exportation or a sale intended for exportation from the state to a foreign country of any goods, products, or services.
History.--s. 5, ch. 96-188.
ENTERPRISE FLORIDA, INC.
288.901 Enterprise Florida, Inc.; creation; membership; organization; meetings; disclosure.
288.9015 Enterprise Florida, Inc.; purpose; duties.
288.90151 Funding for contracting with Enterprise Florida, Inc.
288.90152 Pilot matching grant program.
288.902 Enterprise Florida Nominating Council.
288.903 Board of directors of Enterprise Florida, Inc.; president; employees.
288.904 Powers of the board of directors of Enterprise Florida, Inc.
288.905 Duties of the board of directors of Enterprise Florida, Inc.
288.906 Annual report of Enterprise Florida, Inc.; audits; confidentiality.
288.9412 International Trade and Economic Development Board.
288.9413 Organization.
288.9414 Powers and authority of board of directors of International Trade and Economic Development Board.
288.9415 International Trade Grants.
288.942 Grant review panel.
288.901 Enterprise Florida, Inc.; creation; membership; organization; meetings; disclosure.--
(1) There is created a nonprofit corporation, to be known as "Enterprise Florida, Inc.," which shall be registered, incorporated, organized, and operated in compliance with chapter 617, and which shall not be a unit or entity of state government. The Legislature determines, however, that public policy dictates that Enterprise Florida, Inc., operate in the most open and accessible manner consistent with its public purpose. To this end, the Legislature specifically declares that Enterprise Florida, Inc., and its boards are subject to the provisions of chapter 119, relating to public records and those provisions of chapter 286 relating to public meetings and records.
(2) Enterprise Florida, Inc., shall establish one or more corporate offices, at least one of which shall be located in Leon County. Persons employed by the 1Department of Commerce on the day prior to July 1, 1996, whose jobs are privatized, shall be given preference, if qualified, for similar jobs at Enterprise Florida, Inc. When practical, those jobs shall be located in Leon County. All available resources, including telecommuting, must be employed to minimize the negative impact on the Leon County economy caused by job losses associated with the privatization of the 1Department of Commerce. The Department of Management Services may establish a lease agreement program under which Enterprise Florida, Inc., may hire any individual who, as of June 30, 1996, is employed by the 1Department of Commerce or who, as of January 1, 1997, is employed by the Executive Office of the Governor and has responsibilities specifically in support of the Workforce Development Board established under s. 288.9620. Under such agreement, the employee shall retain his or her status as a state employee but shall work under the direct supervision of Enterprise Florida, Inc. Retention of state employee status shall include the right to participate in the Florida Retirement System. The Department of Management Services shall establish the terms and conditions of such lease agreements.
(3) Enterprise Florida, Inc., shall be governed by a board of directors. The board of directors shall consist of the following members:
(a) The Governor or the Governor's designee.
(b) The Commissioner of Education or the commissioner's designee.
(c) The Secretary of Labor and Employment Security or the secretary's designee.
(d) A member of the Senate, who shall be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.
(e) A member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker.
(f) The chairperson of the board for international trade and economic development.
(g) The chairperson of the board for capital development.
(h) The chairperson of the board for technology development.
(i) The chairperson of the board for workforce development.
(j) Twelve members from the private sector, six of whom shall be appointed by the Governor, three of whom shall be appointed by the President of the Senate, and three of whom shall be appointed by the Speaker of the House of Representatives. All appointees are subject to Senate confirmation. In making such appointments, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall ensure that the composition of the board is reflective of the diversity of Florida's business community, and to the greatest degree possible shall include, but not be limited to, individuals representing large companies, small companies, minority companies, and individuals representing municipal, county, or regional economic development organizations. Of the 12 members from the private sector, 7 must have significant experience in international business, with expertise in the areas of transportation, finance, law, and manufacturing. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall also consider whether the current board members, together with potential appointees, reflect the racial, ethnic, and gender diversity, as well as the geographic distribution, of the population of the state.
(k) The Secretary of State or the secretary's designee.
(4)(a) Members appointed to the board before July 1, 1996, shall serve the remainder of their unexpired terms. Vacancies occurring after July 1, 1996, as a result of the annual expiration of terms, shall be filled in the following manner and sequence.
1. Of the first three vacancies, the Governor shall appoint one member, the President of the Senate shall appoint one member, and the Speaker of the House of Representatives shall appoint one member.
2. Of the second three vacancies, the Governor shall appoint one member, the President of the Senate shall appoint one member, and the Speaker of the House of Representatives shall appoint one member.
3. Of the third three vacancies, the President of the Senate shall appoint one member and the Governor shall appoint two members.
4. Of the fourth three vacancies, the Speaker of the House of Representatives shall appoint one member and the Governor shall appoint two members.
Thereafter, any vacancies which occur will be filled by the Governor, the President of the Senate, or the Speaker of the House of Representatives, respectively, depending on who appointed the member whose vacancy is to be filled or whose term has expired.
(b) Members appointed by the Governor, the President of the Senate, and the Speaker of the House of Representatives shall be appointed for terms of 4 years. Any member is eligible for reappointment.
(c) Of the six members appointed by the Governor, one shall be, at the time of appointment, a board member of a community development corporation meeting the requirements of s. 290.035, and one shall be representative of the international business community. Of the three members appointed by the President of the Senate and Speaker of the House of Representatives, respectively, one each shall be representative of the international business community, and one each shall be an executive director of a local economic development council.
(5) A vacancy on the board of directors shall be filled for the remainder of the unexpired term.
(6) The initial appointments to the board of directors shall be made by the Governor from a list of nominees submitted by the Enterprise Florida Nominating Council. Thereafter, appointments shall be made by the Governor, the President of the Senate, and the Speaker of the House of Representatives from a list of nominees submitted by the remaining appointive members of the board of directors. The board of directors shall take into consideration the current membership of the board and shall select nominees who are reflective of the diverse nature of Florida's business community, including, but not limited to, individuals representing large companies, small companies, minority companies, companies engaged in international business efforts, companies engaged in domestic business efforts, and individuals representing municipal, county, or regional economic development organizations. The board shall also consider whether the current board members, together with potential appointees, reflect the racial, ethnic, and gender diversity, as well as the geographic distribution, of the population of the state.
(7) Appointive members may be removed by the Governor, the President of the Senate, or the Speaker of the House of Representatives, respectively, for cause. Absence from three consecutive meetings results in automatic removal.
(8) The Governor shall serve as chairperson of the board of directors. The board of directors shall biennially elect one of its appointive members as vice chairperson. The president shall keep a record of the proceedings of the board of directors and is the custodian of all books, documents, and papers filed with the board of directors, the minutes of the board of directors, and the official seal of Enterprise Florida, Inc.
(9) The board of directors shall meet at least four times each year, upon the call of the chairperson, at the request of the vice chairperson, or at the request of a majority of the membership. A majority of the total number of all directors fixed by subsection (3) shall constitute a quorum. The board of directors may take official action by a majority vote of the members present at any meeting at which a quorum is present.
(10) Members of the board of directors shall serve without compensation, but members, the president, and staff may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.
(11) Each member of the board of directors of Enterprise Florida, Inc., who was appointed after June 30, 1992, and who is not otherwise required to file financial disclosure pursuant to s. 8, Art. II of the State Constitution or s. 112.3144, shall file disclosure of financial interests pursuant to s. 112.3145.
(12) Notwithstanding the provisions of subsection (3), the board of directors may by resolution appoint at-large members to the board from the private sector, each of whom may serve a 1-year term. At-large members shall have the powers and duties of other members of the board, except that they may not serve on an executive committee. An at-large member is eligible for reappointment but may not vote on his or her own reappointment. An at-large member shall be eligible to fill vacancies occurring among private sector appointees under subsection (3).
History.--s. 2, ch. 92-277; s. 2, ch. 94-232; s. 881, ch. 95-148; s. 80, ch. 96-320; s. 28, ch. 97-278.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
288.9015 Enterprise Florida, Inc.; purpose; duties.--
(1) Enterprise Florida, Inc., is the principal economic development organization for the state. It shall be the responsibility of Enterprise Florida, Inc., to provide leadership for business development in Florida by aggressively establishing a unified approach to Florida's efforts of international trade and reverse investment; by aggressively marketing the state as a probusiness location for potential new investment; and by aggressively assisting in the creation, retention, and expansion of existing businesses. In support of this effort, Enterprise Florida, Inc., may develop and implement specific programs or strategies that address the creation, expansion, and retention of Florida business; the development of import and export trade; and the recruitment of worldwide business.
(2) It shall be the responsibility of Enterprise Florida, Inc., to promote and strengthen the creation and growth of small and minority businesses and to increase the opportunities for short-term and long-term rural economic development.
(3) It shall be the responsibility of Enterprise Florida, Inc., to develop a comprehensive approach to workforce development that will result in better employment opportunities for the residents of this state. Such comprehensive approach must include:
(a) Creating and maintaining a highly skilled workforce that is capable of responding to rapidly changing technology and diversified market opportunities.
(b) Training, educating, and assisting target populations, such as those who are economically disadvantaged or who participate in the WAGES Program or otherwise receive public assistance to become independent, self-reliant, and self-sufficient. This approach must ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance.
(4) Enterprise Florida, Inc., shall not endorse any candidate for any elected public office, nor shall it contribute moneys to the campaign of any such candidate.
(5) As part of its business development and marketing responsibilities, Enterprise Florida, Inc., shall prepare a business guide and checklist that contains basic information on the federal, state, and local requirements for starting and operating a business in this state. The guide and checklist must describe how additional information can be obtained on any such requirements and shall include, to the extent feasible, the names, addresses, and telephone numbers of appropriate government agency representatives. The guide and checklist must also contain information useful to persons who may be starting a business for the first time, including, but not limited to, information on business structure, financing, and planning.
History.--s. 81, ch. 96-320; s. 29, ch. 97-278.
288.90151 Funding for contracting with Enterprise Florida, Inc.--
(1) From funds appropriated from the General Revenue Fund to the Office of Tourism, Trade, and Economic Development for the purpose of annually contracting with Enterprise Florida, Inc., 10 percent of such funds for the fiscal year 1996-1997, 20 percent of such funds for the fiscal year 1997-1998, 30 percent of such funds for the fiscal year 1998-1999, 40 percent of such funds for the fiscal year 1999-2000, and 50 percent of such funds for the fiscal year 2000-2001 shall be placed in reserve by the Executive Office of the Governor. The funds may be released through a budget amendment, in accordance with chapter 216, as requested by Enterprise Florida, Inc., through the Office of Tourism, Trade, and Economic Development if Enterprise Florida, Inc., has provided sufficient documentation that the same amount of matching private funds as the amount placed in reserve has been contributed during the same fiscal year to Enterprise Florida, Inc., in support of its economic development efforts. If sufficient documentation is not provided by the end of the fiscal year, such funds shall revert back to the General Revenue Fund. In each fiscal year, at least 55 percent of the matching private funds required to be documented under this subsection must be comprised of the first category of matching private funds described in subsection (3).
(2) Prior to the 1999 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct a review of the contributions made to Enterprise Florida, Inc., during the prior 3 years pursuant to this section. The review must be conducted in such a manner as to determine the amount and type of matching private funds contributed and the circumstances 1affecting the ability to achieve or not achieve the specified amount of matching private funds for each year. Based on this information and historical data, the Office of Program Policy Analysis and Governmental Accountability shall determine whether the funding levels of matching private funds for fiscal year 1999-2000, and fiscal year 2000-2001, as specified in this section, are appropriate. This report shall be submitted by January 1, 1999, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(3) For the purposes of this section, matching private funds shall be divided into two categories. The first category of matching private funds shall include any payment of cash made in response to a solicitation by Enterprise Florida, Inc., and used exclusively by Enterprise Florida, Inc., in its operations or programs, excluding any payment of cash made by any entity to qualify for any Enterprise Florida, Inc., state, or local incentive, grant, or loan program, or any cash received by Enterprise Florida, Inc., pursuant to a grant or contract. The second category of matching private funds shall include a conveyance of property, or payment or distribution of property or anything of value, including contributions in-kind having an attributable monetary value in any form, and including any payment of cash not counted within the first category of matching private funds. Contributions in-kind include, but are not limited to, goods or services rendered. The cost of the contribution shall be the reasonable cost to the sponsor of the goods or services.
History.--s. 114, ch. 96-320; s. 2, ch. 97-278.
1Note.--The word "to" following the word "affecting" was deleted by the editors.
288.90152 Pilot matching grant program.--
(1) Subject to specific appropriations in the General Appropriations Act, the Office of Tourism, Trade, and Economic Development may, for the 1997-1998 fiscal year, establish a pilot matching grant program through which funding will be provided on a competitive basis in order to create employment opportunities for citizens of this state, particularly participants in the Work and Gain Economic Self-sufficiency (WAGES) Program. The grant program shall encourage the submission of innovative, cost-efficient, and performance-based training proposals designed to meet the employment needs of specific businesses or business sectors. An application for funding may be submitted by a private business, an educational institution, a not-for-profit corporation, a local or regional economic development council, or other organization, or an application may be submitted jointly on behalf of a combination of such entities.
(2) The Office of Tourism, Trade, and Economic Development shall adopt guidelines for administering the program and shall establish criteria for the competitive evaluation of applications for funding. Evaluation criteria must include, but need not be limited to:
(a) The number of people to be trained.
(b) The estimated number of jobs that will be created as a result of the training.
(c) The extent to which the proposed training is not currently available through other sources or the extent to which the proposed training improves upon training currently available through other sources.
(d) The forecasts of employment demand for the occupation to which the training will apply.
(e) The commitment of the applicant to hire or to secure employment for participants in the WAGES Program.
(f) The qualifications of the proposed training provider.
(3) Priority shall be given to proposals submitted on behalf of a coalition of businesses.
(4) Funds may not be expended to subsidize the ongoing staff development program of any business or industry.
(5) The Office of Tourism, Trade, and Economic Development may award grants for not more than four applications in any one fiscal year. Each grant awarded under this program is limited to $500,000 and must be matched on a one-for-one basis by nonstate dollars. Matching funds under this section shall not count toward the private matching funds required under s. 288.90151.
(6) Before allocating funds for any request under this program, the Office of Tourism, Trade, and Economic Development shall prepare a grant agreement between the grant recipient and the Office of Tourism, Trade, and Economic Development. Such agreement must include, but is not limited to, permission for the Office of Tourism, Trade, and Economic Development to access information specific to the job placement and performance of program participants upon the completion of instruction for evaluation purposes. If funds are being allocated directly to a private business or group of private businesses, the agreement prepared under this subsection must provide that 50 percent of the public training funds will be withheld until the Office of Tourism, Trade, and Economic Development determines that the business has or businesses have created the number of positions specified in the agreement and filled those positions with individuals who have completed the training.
(7) Upon completing all training funded under this pilot program, the Office of Tourism, Trade, and Economic Development shall report on the outputs and outcomes for this program as part of the annual report prepared under 1s. 14.2015(2)(g). Such report must include a recommendation on whether it would be sound public policy to continue or discontinue funding for the program.
(8) The Office of Tourism, Trade, and Economic Development may not award a grant under this section if the same training proposal provided the basis for training awarded under s. 288.047. An applicant awarded a training grant under this section may not thereafter receive training under s. 288.047, in connection with the same training proposal.
History.--s. 8, ch. 97-278.
1Note.--Redesignated as s. 14.2015(2)(e) by s. 3, ch. 97-278.
288.902 Enterprise Florida Nominating Council.--
(1) There is created the Enterprise Florida Nominating Council for the purpose of providing a list of nominees for appointments to the board of directors of Enterprise Florida, Inc., and to each board within the corporate structure of Enterprise Florida, Inc. Appointments to a board shall be for a term of 4 years. The nominating council shall consist of six members. One member shall be appointed by the Florida Chamber of Commerce, one member shall be appointed by the Associated Industries of Florida, one member shall be appointed by the Florida Council of 100, one member shall be appointed by the Florida Economic Development Council, one member shall be appointed by the Florida Council of International Development, and one member shall be appointed by the Florida Chapter of the National Federation of Independent Businesses.
(2) No later than 30 days before the end of a term of a sitting private sector board member in any given year, the nominating council shall meet to nominate individuals for that upcoming vacancy. Each member of the nominating council shall nominate three individuals per upcoming vacancy; however, nominations shall not be related to any specific vacancy within a board and each nominee shall be eligible to be appointed to any vacancy within a board. The members of the nominating council shall take into consideration the current membership of the board and select nominees who are reflective of the diverse nature of Florida's business community and who reflect the racial, ethnic, and gender diversity, as well as the geographic distribution of the population of the state. In considering Florida's business community, the members shall consider, but not be limited to, individuals representing large companies; small companies; minority companies; companies engaged in international business efforts; companies engaged in domestic business efforts; and individuals representing municipal, county, or regional economic development organizations.
(3) The names of the nominees selected by the members of the nominating council shall be forwarded to the respective board of directors for consideration by its appointive members. Each board shall consider the nominees and recommend six nominees per upcoming vacancy; however, such nominations shall not be related to any specific vacancy within a board and each nominee shall be eligible to be appointed to any vacancy within a board. A board may interview the nominees prior to making its recommendations. In considering the nominees to be recommended, a board may not eliminate all the nominees of any one nominating council member. The appointive members of a board shall take into consideration the current membership of the board and select nominees who are reflective of the diverse nature of Florida's business community and who reflect the racial, ethnic, and gender diversity, as well as the geographic distribution of the population of the state. In considering Florida's business community, the appointive members shall consider, but not be limited to, individuals representing large companies; small companies; minority companies; companies engaged in international business efforts; companies engaged in domestic business efforts; and individuals representing municipal, county, or regional economic development organizations. A board shall recommend and forward its nominees to the Governor, President of the Senate, or Speaker of the House of Representatives, as appropriate, within 30 days of receiving the nominees from the nominating council.
(4) In nominating and appointing board members, the nominating council, each board, the Governor, President of the Senate, and Speaker of the House of Representatives shall ensure that international interests in business development, trade, and reverse investment are strongly represented.
(5) Notwithstanding the provisions of ss. 288.901, 288.9412, 288.9512, 288.9611, and 288.9620 regarding the process of selecting nominees for a board, all nominations shall be conducted in accordance with the provisions of this section. All statutory requirements of board members and all statutory requirements regarding the composition of all boards shall be considered and complied with throughout the nominating process.
History.--s. 3, ch. 92-277; s. 82, ch. 96-320.
288.903 Board of directors of Enterprise Florida, Inc.; president; employees.--
(1) The president of Enterprise Florida, Inc., shall be appointed by the board of directors. The president is the chief administrative and operational officer of the board of directors and of Enterprise Florida, Inc., and shall direct and supervise the administrative affairs of the board of directors and any other boards of Enterprise Florida, Inc. The board of directors may delegate to its president those powers and responsibilities it deems appropriate, except for the appointment of a president.
(2) The board of directors may establish an executive committee consisting of the vice chair and as many additional members of the board of directors as the board deems appropriate, except that such committee must have a minimum of five members. One member of the executive committee shall be selected by each of the following: the Governor, the President of the Senate, and the Speaker of the House of Representatives. Remaining members of the executive committee shall be selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate the authority to hire or fire the president.
(3) The president:
(a) May contract with or employ legal and technical experts and such other employees, both permanent and temporary, as authorized by the board of directors.
(b) Shall employ and supervise the president of any board established within the Enterprise Florida, Inc., corporate structure and shall coordinate the activities of any such boards.
(c) Shall attend all meetings of the board of directors.
(d) Shall cause copies to be made of all minutes and other records and documents of the board of directors and shall certify that such copies are true copies. All persons dealing with the board of directors may rely upon such certifications.
(e) Shall be responsible for coordinating and advocating the interests of rural, minority, and small businesses within Enterprise Florida, Inc., its boards, and in all its economic development efforts.
(f) Shall administer the finances of Enterprise Florida, Inc., and its boards to ensure appropriate accountability and the prudent use of public and private funds.
(g) Shall be the chief spokesperson for Enterprise Florida, Inc., regarding economic development efforts in the state.
(h) Shall coordinate all activities and responsibilities of Enterprise Florida, Inc., with respect to participants in the WAGES Program.
(i) Shall supervise and coordinate the collection, research, and analysis of information for Enterprise Florida, Inc., and its boards.
(4) The board of directors of Enterprise Florida, Inc., and its officers shall be responsible for the prudent use of all public and private funds and shall ensure that the use of such funds is in accordance with all applicable laws, bylaws, or contractual requirements.
History.--s. 4, ch. 92-277; s. 83, ch. 96-320; s. 30, ch. 97-278.
288.904 Powers of the board of directors of Enterprise Florida, Inc.--
(1) The board of directors of Enterprise Florida, Inc., shall have the power to:
(a) Secure funding for programs and activities of Enterprise Florida, Inc., and its boards from federal, state, local, and private sources and from fees charged for services and published materials and solicit, receive, hold, invest, and administer any grant, payment, or gift of funds or property and make expenditures consistent with the powers granted to it.
(b) Make and enter into contracts and other instruments necessary or convenient for the exercise of its powers and functions, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.
(c) Sue and be sued, and appear and defend in all actions and proceedings, in its corporate name to the same extent as a natural person.
(d) Adopt, use, and alter a common corporate seal for Enterprise Florida, Inc., and its boards. Notwithstanding any provisions of chapter 617 to the contrary, this seal is not required to contain the words "corporation not for profit."
(e) Elect or appoint such officers and agents as its affairs require and allow them reasonable compensation.
(f) Adopt, amend, and repeal bylaws, not inconsistent with the powers granted to it or the articles of incorporation, for the administration of the affairs of Enterprise Florida, Inc., and the exercise of its corporate powers.
(g) Acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses, royalties, and other rights or interests thereunder or therein.
(h) Do all acts and things necessary or convenient to carry out the powers granted to it.
(i) Use the state seal, notwithstanding the provisions of s. 15.03, when appropriate, to establish that Enterprise Florida, Inc., is the principal economic and trade development organization for the state, and for other standard corporate identity applications. Use of the state seal is not to replace use of a corporate seal as provided in this section.
(j) Carry forward any unexpended state appropriations into succeeding fiscal years.
(k) Procure insurance or require bond against any loss in connection with the property of Enterprise Florida, Inc., and its boards, in such amounts and from such insurers as is necessary or desirable.
(2) The powers granted to Enterprise Florida, Inc., shall be liberally construed in order that Enterprise Florida, Inc., may aggressively pursue its purpose of being the principal economic development organization for the state.
(3) Under no circumstances may the credit of the State of Florida be pledged on behalf of Enterprise Florida, Inc.
(4) In addition to any indemnification available under chapter 617, Enterprise Florida, Inc., may indemnify, and purchase and maintain insurance on behalf of, directors, officers, and employees of Enterprise Florida, Inc., and its boards against any personal liability or accountability by reason of actions taken while acting within the scope of their authority.
History.--s. 5, ch. 92-277; s. 84, ch. 96-320; s. 31, ch. 97-278.
288.905 Duties of the board of directors of Enterprise Florida, Inc.--
(1) In the performance of its functions and duties, the board of directors may establish and implement policies, strategies, and programs for Enterprise Florida, Inc., and its boards. In developing such policies, strategies, and programs, the board of directors shall solicit advice from and consider the recommendations of its boards.
(2) The board of directors shall, in conjunction with the Office of Tourism, Trade, and Economic Development, develop a strategic plan for economic development for the State of Florida. Such plan shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader by January 1, 1997, and shall be updated or modified before January 1, 1998, and annually thereafter. The plan must be approved by the board of directors prior to submission to the Governor and Legislature. The plan shall include, but is not limited to:
(a) Allocation of public and private resources to specific activities that will return the greatest benefit to the economy of this state. Including delineation on the amount of funds that should be expended on each component of the plan.
(b) Identification of programs that will enhance the capabilities of small and minority businesses. The plan should include ways to improve and increase the access to information, services, and assistance for small and minority businesses.
(c)1. Specific provisions for the stimulation of economic development and job creation in rural areas and midsize cities and counties of the state. These provisions shall include, but are not limited to, the identification of all rural counties in the state and rural cities located in nonrural counties; the identification of all midsize cities and counties in the state; the identification of the economic development and job creation goals of the rural cities and counties and midsize cities; the identification of rural areas of critical concern; the identification of specific local, state, and federal financial and technical assistance resources available to rural cities and counties and midsize cities and counties for economic and community development; the identification of private sector resources available to rural cities and counties and midsize cities and counties for economic and community development; and specific methods for the use of the resources identified in the plan to meet the goals identified in the plan.
2. Enterprise Florida, Inc., shall involve the local governments of the cities and counties identified pursuant to subparagraph 1., as well as any other local, state, and federal rural development entities, both public and private, in developing and carrying out any provisions.
(d)1. Specific provisions for the stimulation of economic development and job creation in small businesses and minority businesses. These provisions shall include, but are not limited to, the identification of federal, state, and local financial and technical resources available for small businesses and minority businesses; and specific methods for the use of the resources identified in the plan to meet the goal of job creation in small businesses and minority businesses in the state.
2. Enterprise Florida, Inc., shall involve local, state, and federal small business and minority business development agencies and organizations, both public and private, in developing and carrying out any provisions.
(e) Creation of workforce training programs that lead to better employment opportunities and higher wages.
(f) Promotion of business formation, expansion, recruitment, and retention, including programs that enhance access to appropriate forms of financing for businesses in this state.
(g) Promotion of the successful long-term internationalization of this state, including programs that establish viable overseas markets, generate foreign investment, assist in meeting the financing requirements of export-ready firms, broaden opportunities for international joint venture relationships, use the resources of academic and other institutions, coordinate trade assistance and facilitation services, and facilitate availability of and access to education and training programs which will assure requisite skills and competencies necessary to compete successfully in the global marketplace.
(h) Promotion of the growth of high technology and other value-added industries and jobs.
(i) Addressing the needs of blighted inner-city communities that have unacceptable levels of unemployment and economic disinvestment, with the ultimate goal of creating jobs for the residents of such communities.
(j) Identifying business sectors that are of current or future importance to the state's economy and to the state's worldwide business image, and developing specific strategies to promote the development of such sectors.
(3)(a) The strategic plan shall also include recommendations regarding specific performance standards and measurable outcomes. By July 1, 1997, Enterprise Florida, Inc., in consultation with the Office of Program Policy Analysis and Government Accountability, shall establish performance-measure outcomes for Enterprise Florida, Inc., and its boards. Enterprise Florida, Inc., in consultation with the Office of Program Policy Analysis and Government Accountability, shall develop a plan for monitoring its operations to ensure that performance data are maintained and supported by records of the organization. By July 1, 1998, and biennially thereafter, Enterprise Florida, Inc., in consultation with the Office of Program Policy Analysis and Government Accountability, shall review the performance-measure outcomes for Enterprise Florida, Inc., and its boards, and make any appropriate modifications to them. In developing measurable objectives and performance outcomes, Enterprise Florida, Inc., shall consider the effect of its programs, activities, and services on its client population. Enterprise Florida, Inc., shall establish standards such as job growth among client firms, growth in the number and strength of businesses within targeted sectors, client satisfaction, venture capital dollars invested in small and minority businesses, businesses retained and recruited, employer wage growth, minority business participation in technology assistance and development programs, and increased export sales among client companies to use in evaluating performance toward accomplishing the mission of Enterprise Florida, Inc.
(b) The performance standards and measurable outcomes established and regularly reviewed by Enterprise Florida, Inc., under this subsection must also include benchmarks and goals to measure the impact of state economic development policies and programs. Such benchmarks and goals may include, but are not limited to:
1. Net annual job growth rate in this state compared to neighboring southern states and the United States as a whole.
2. Unemployment rate in this state compared to neighboring southern states and the United States as a whole.
3. Wage distribution based on the percentage of people working in this state who earned 15 percent below the state average, within 15 percent of the state average, and 15 percent or more above the state average.
4. Annual percentage of growth in the production of goods and services within Florida compared to neighboring southern states and the United States as a whole.
5. Changes in jobs in this state by major industry based on the percentage of growth or decline in the number of full-time or part-time jobs in this state.
6. Number of new business startups in this state.
7. Goods produced in this state that are exported to other countries.
8. Capital investment for commercial and industrial purposes, agricultural production and processing, and international trade.
(c) Prior to the 1999 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct a review of Enterprise Florida, Inc., and its boards. The review shall be comprehensive in its scope, but, at a minimum, must be conducted in such a manner as to specifically determine:
1. The progress towards achieving the established outcomes.
2. The circumstances contributing to the organization's ability to achieve, not achieve, or exceed its established outcomes.
3. The progress towards achieving the established goals of the Cypress Equity Fund and whether the strategy underlying the fund is appropriate.
4. Whether it would be sound public policy to continue or discontinue funding the organization, and the consequences of discontinuing the organization. The report shall be submitted by January 1, 1999, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(d) Prior to the 2003 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability, shall conduct another review of Enterprise Florida, Inc., and its boards using the criteria in paragraph (c). The report shall be submitted by January 1, 2003, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.
(4) The board of directors shall coordinate the economic development activities and policies of Enterprise Florida, Inc., with municipal, county, and regional economic development organizations to establish and further develop the role of local economic development organizations as the primary service-delivery agents for economic development services. Where feasible, the board shall work with regional economic development organizations in the delivery of services of Enterprise Florida, Inc., and its boards.
(5) Enterprise Florida, Inc., shall deposit into African-American-qualified public depositories and Hispanic-American-qualified public depositories a portion of any moneys received by Enterprise Florida, Inc., and its boards from the state.
(6) Any employee leased by Enterprise Florida, Inc., from the state, or any employee who derives 1his or her salary from funds appropriated by the Legislature, may not receive a pay raise or bonus in excess of a pay raise or bonus that is received by similarly situated state employees. However, this subsection does not prohibit the payment of a pay raise or bonus from funds received from sources other than the Florida Legislature.
History.--s. 6, ch. 92-277; s. 85, ch. 96-320; s. 42, ch. 97-100; s. 32, ch. 97-278.
1Note.--The words "his or her" were substituted for the word "their" by the editors.
288.906 Annual report of Enterprise Florida, Inc.; audits; confidentiality.--
(1) Prior to December 1 of each year, Enterprise Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report including, but not limited to:
(a) A description of the operations and accomplishments of Enterprise Florida, Inc., and its boards, and an identification of any major trends, initiatives, or developments affecting the performance of any program or activity.
(b) An evaluation of progress towards achieving organizational goals and specific performance outcomes, both short-term and long-term, established pursuant to s. 288.905.
(c) Methods for implementing and funding the operations of Enterprise Florida, Inc., and its boards.
(d) A description of the operations and accomplishments of Enterprise Florida, Inc., and its boards, with respect to furthering the development and viability of small and minority businesses, including any accomplishments relating to capital access and technology and business development programs.
(e) A description of the operations and accomplishments of Enterprise Florida, Inc., and its boards with respect to furthering the development and viability of rural cities and counties, and midsize cities and counties in this state.
(f) A description and evaluation of the operations and accomplishments of Enterprise Florida, Inc., and its boards with respect to interaction with local and private economic development organizations, including an identification of any specific programs or activities which promoted the activities of such organizations and an identification of any specific programs or activities which promoted a comprehensive and coordinated approach to economic development in this state.
(g) An assessment of employee training and job creation that directly benefits participants in the WAGES Program.
(h) An annual compliance and financial audit of accounts and records by an independent certified public accountant at the end of its most recent fiscal year performed in accordance with rules adopted by the Auditor General.
The detailed report required by this subsection shall also include the information identified in paragraphs (a)-(h), if applicable, for any board established within the corporate structure of Enterprise Florida, Inc.
(2)(a) The Auditor General may, pursuant to his or her own authority or at the direction of the Joint Legislative Auditing Committee, conduct an audit of Enterprise Florida, Inc., including any of its boards. The audit or report may not reveal the identity of any person who has anonymously made a donation to Enterprise Florida, Inc., pursuant to paragraph (b).
(b) The identity of a donor or prospective donor to Enterprise Florida, Inc., who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.
History.--s. 7, ch. 92-277; s. 231, ch. 95-148; s. 3, ch. 95-369; s. 86, ch. 96-320; s. 145, ch. 96-406; s. 33, ch. 97-278.
288.9412 International Trade and Economic Development Board.--
(1) There is created within the nonprofit corporate structure of Enterprise Florida, Inc., a nonprofit public-private board known as the Florida International Trade and Economic Development Board the purpose of which shall be to advise and assist in promoting and developing international trade and reverse investment; marketing the state for potential new investment; and creating, expanding, and retaining Florida businesses.
(2) The International Trade and Economic Development Board shall be governed by a board of directors. The board of directors shall consist of the following members:
(a) The Lieutenant Governor or the Lieutenant Governor's designee.
(b) The president of the Florida Chamber of Commerce or the president's designee.
(c) The Secretary of State or the secretary's designee.
(d) The chairperson of the Florida State Rural Development Council or the chairperson's designee.
(e) A member of the Senate, who shall be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.
(f) A member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker of the House of Representatives.
(g) Members to be appointed by the Governor, subject to confirmation by the Senate, consisting of the following:
1. The chairperson of the World Trade Association of Florida or the chairperson's designee.
2. Two representatives from the state's deepwater ports, chosen from a list of three names submitted to the Governor by the Florida Ports Council. One representative shall be from the Gulf of Mexico coast ports, and one representative shall be from the Atlantic coast ports.
3. The chairperson of the Florida Airport Managers Association or the chairperson's designee.
4. The chairperson of the Florida Custom Brokers and Forwarders Association or the chairperson's designee.
5. A person having extensive experience in foreign language instruction or international education.
6. The chairperson of the International Law Section of The Florida Bar or the chairperson's designee.
7. The chairperson of the Florida International Banking Association or the chairperson's designee.
8. A representative of a company in this state that is actively engaged in the manufacture of products in this state for sale in foreign markets.
9. A member of the Florida Citrus Commission experienced in the exportation of citrus products who owns, operates, or is employed by a major company in this state that is actively engaged in the exportation of citrus products from this state to international markets.
10. A representative of a major multinational company with offices in this state.
11. The chairperson of the Latin Chamber of Commerce of the United States or the chairperson's designee.
(h) Nine to 11 members from the public and private sector, consisting of one member representing a municipal economic development organization, one member representing a county economic development organization, one member representing a regional economic development organization, one member representing an international economic development organization, and one member who, at the time of appointment, is a board member of a community development corporation that meets the requirements of s. 290.035, with the remaining members representing, and being actively involved in, Florida business, who shall be appointed by the Governor, subject to Senate confirmation.
(3) Members appointed by the Governor shall be appointed for terms of 4 years, except that, in making the initial appointments, the Governor shall appoint three to five members for terms of 4 years, three members for terms of 3 years, and three members for terms of 2 years.
(4) The chair and vice chair of Enterprise Florida, Inc., shall jointly select a list of nominees for appointment to the board from a slate of candidates submitted by Enterprise Florida, Inc. The chair and vice chair of Enterprise Florida, Inc., may request that additional candidates be submitted by Enterprise Florida, Inc., if the chair and vice chair cannot agree on a list of nominees submitted. Appointments to the board of directors shall be made by the Governor from the list of nominees jointly selected by the chair and vice chair of Enterprise Florida, Inc. Appointees shall represent all geographic regions of the state, including both urban and rural regions. The importance of minority and gender representation shall be considered when making nominations for each position on the board of directors.
(5) The Governor shall appoint the initial 9 to 11 members from the public and private sector to the board within 30 days after receipt of the nominations from the chair and vice chair of Enterprise Florida, Inc.
(6) A vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(7) A member may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal.
History.--s. 87, ch. 96-320.
288.9413 Organization.--
(1) The Lieutenant Governor shall serve as chair of the board of directors of the International Trade and Economic Development Board. The board of directors shall biennially elect one of its appointive members as vice chair.
(2) The president of the board shall be hired by the president of Enterprise Florida, Inc., and shall serve in the capacity as an executive director and secretary of the board of directors, with any additional staff being hired by the president of Enterprise Florida, Inc., within the parameters established by the board of directors of Enterprise Florida, Inc.
(3) The board of directors shall meet at least quarterly and at other times upon call of the chair.
(4) A quorum shall be a majority of the total current membership of the board of directors.
(5) A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board of directors is required to adopt or amend the operational plan.
(6) Except as delegated or authorized by the board of directors, individual board members have no authority to control or direct the operations of the board or the actions of its officers and employees, including the president.
(7) The board of directors may delegate to its president those powers and responsibilities it deems appropriate.
(8) Members shall serve without compensation but members of the board of directors, the president, and staff may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.
(9) The board of directors may establish an executive committee consisting of the vice chair and at least two additional board members selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.
History.--s. 88, ch. 96-320.
288.9414 Powers and authority of board of directors of International Trade and Economic Development Board.--
(1) The board shall have all the powers and authority not explicitly prohibited by statute necessary or convenient to carry out and effectuate its functions, duties, and responsibilities, including, but not limited to:
(a) Advising and assisting in formulating and coordinating the state's economic development policy, both domestically and internationally, consistent with the policies of the board of directors of Enterprise Florida, Inc.
(b) Using a corporate seal.
(c) Advising and assisting in developing the state's economic development strategic planning process.
(d) Evaluating the performance and effectiveness of the state's economic development programs.
(e) Reporting to the board of directors of Enterprise Florida, Inc., regarding its functions, duties, recommendations, and responsibilities.
(f) Soliciting, borrowing, accepting, receiving, and investing funds from any public or private source.
(g) Contracting with public and private entities as necessary to further the directives of this act, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.
(h) Carrying forward any unexpended state appropriations into succeeding fiscal years.
(i) Providing an annual report to the board of directors of Enterprise Florida, Inc., by November 1 of each year setting forth:
1. Its operations and accomplishments during the fiscal year.
2. Its business and operations plan.
3. Its assets and liabilities at the end of its most recent fiscal year.
4. A copy of an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant performed in accordance with rules adopted by the Auditor General.
(2) The board shall design specific programs or entities to address the actions listed in subsection (1).
(3) Develop intensive export assistance programs for small and medium-sized export firms. The partnership, through Enterprise Florida, Inc., may enter into contractual relations with export-ready firms and may impose fees or other charges for services provided.
History.--s. 89, ch. 96-320; s. 34, ch. 97-278.
1288.9415 International Trade Grants.--
(1) The Office of Tourism, Trade, and Economic Development in the Executive Office of the Governor may accept and administer moneys appropriated to the office for providing grants for promotion of international trade.
(2) A county, municipality, economic development council, or a not-for-profit association of businesses organized to assist in the promotion of international trade may apply for a grant of state funds for the promotion of international trade.
(3) The International Trade and Economic Development Board of Enterprise Florida, Inc., shall review each application for a grant to promote international trade and shall submit annually to the Office of Tourism, Trade, and Economic Development for approval lists of all applications that are recommended by the International Trade and Economic Development Board for the award of grants, arranged in order of priority. The Office of Tourism, Trade, and Economic Development may allocate grants only for projects that are approved or for which funds are appropriated by the Legislature. Projects approved and recommended by the International Trade and Economic Development Board which are not funded by the Legislature shall be retained on the project list for the following grant cycle only. All projects that are retained shall be required to submit such information as may be required by the Office of Tourism, Trade, and Economic Development as of the established deadline date of the latest grant cycle in order to adequately reflect the most current status of the project.
History.--s. 36, ch. 97-278.
1Note.--Effective July 1, 1998.
288.942 Grant review panel.--
(1)(a) There is created a seven-member grant review panel to assist the International Trade and Economic Development Board of Enterprise Florida, Inc., in the grant review process. Three members of the panel shall be appointed by the Governor, two members shall be appointed by the President of the Senate, and two members shall be appointed by the Speaker of the House of Representatives. A panel chair shall be selected by the members of the review panel from among the membership. Review panel members shall serve for a term of 3 years and may not be reappointed for a period of 1 year after serving a 3-year term. Initial appointments shall be staggered, with the Governor appointing one member for a 3-year term, one member for a 2-year term, and one member for a 1-year term. Initial appointments by the President of the Senate and the Speaker of the House of Representatives shall also be staggered, with the President and the Speaker each appointing one member for a 3-year term and each appointing one member for a 2-year term.
(b) In appointing members to this panel, appointing officers should cooperate to 1ensure that members represent geographically diversed portions of the state and include representation of minority persons as defined by s. 760.80. Members of the panel may not currently hold public office or be public employees and must have at least 5 years experience in business, with expertise in areas relevant to the duties of the panel.
(c) The Governor may remove any member from the review panel for misconduct or malfeasance in office, neglect of duty, permanent inability to perform official duties, or commission of a felony.
(2) Enterprise Florida, Inc., shall establish criteria for reviewing grant applications. Such criteria shall, among other things, 1ensure compliance with federal and state laws, promote participation in grant programs by diverse industries and businesses, and prohibit conflicts of interest in the awarding of such grants. The panel shall review grant applications and make recommendations to the International Trade and Economic Development Board of Enterprise Florida, Inc., concerning the relative merits of the applications. The panel shall provide a forum for public comment prior to voting on any grant application. Members of the panels shall not receive any compensation for their services but may be reimbursed by Enterprise Florida, Inc., for travel and expenses incurred in the performance of their duties.
History.--s. 35, ch. 97-278.
1Note.--The word "ensure" was substituted for the word "insure" by the editors.
ENTERPRISE FLORIDA
INNOVATION PARTNERSHIP
288.9510 Legislative intent.
288.9511 Definitions.
288.9512 Technology development board; creation; purpose; membership.
288.9513 Organization.
288.9514 Powers and authority of board of directors.
288.9515 Authorized programs of technology development board.
288.95155 Florida Small Business Technology Growth Program.
288.9516 Annual report of technology development board.
288.9517 Audits; confidentiality.
288.9519 Not-for-profit corporation.
288.9520 Public records exemption.
1288.9510 Legislative intent.--It is the intent of the Legislature to establish a public-private partnership to be known as Enterprise Florida Innovation Partnership to provide leadership and market-driven, performance-based economic development tools to create the diverse cross section of innovation-driven firms that is essential to a competitive economy in this state, characterized by better employment opportunities leading to higher wages. The Legislature recognizes that the policies, institutions, and programs that govern the relationships between university researchers and private industry affect the rate of commercialization in this state.
History.--ss. 3, 14, ch. 93-187.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9511 Definitions.--As used in ss. 288.9511-288.9517, the term:
(1) "Educational institutions" means Florida technical institutes and vocational schools, and public and private community colleges, colleges, and universities in the state.
(2) "Enterprise" means a firm with its principal place of business in this state which is engaged, or proposes to be engaged, in this state in agricultural industries, natural-resource-based or other manufacturing, research and development, or the provision of knowledge-based services.
(3) "Board" means the technology development board.
(4) "Person" means any individual, partnership, corporation, or joint venture that carries on business, or proposes to carry on business, within the state.
(5) "Product" means any product, device, technique, or process that is, or may be, developed or marketed commercially; the term does not refer, however, to basic research, but rather to products, devices, techniques, or processes that have advanced beyond the theoretical stage and are in a prototype or industry practice stage.
(6) "Qualified security" means a public or private financial arrangement that involves any note, security, debenture, evidence of indebtedness, certificate of interest of participation in any profit-sharing agreement, preorganization certificate or subscription, transferable security, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application thereof, or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option warrant or right to subscribe to or purchase any of the foregoing to the extent allowed by law.
(7) "Technology application" means the introduction and adaptation of off-the-shelf technologies and state-of-the-art management practices to the specific circumstances of an individual firm.
(8) "Technology commercialization" means the process of bringing an investment-grade technology out of an enterprise, university, or federal laboratory for first-run application in the marketplace.
(9) "Technology development" means strategically focused research aimed at developing investment-grade technologies essential to market competitiveness.
History.--ss. 4, 14, ch. 93-187; s. 90, ch. 96-320.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9512 Technology development board; creation; purpose; membership.--
(1) There is created within the nonprofit corporate structure of Enterprise Florida, Inc., a nonprofit public-private board the purpose of which shall be to foster growth of high technology and other value-added industries and jobs in this state and to provide leadership and market-driven, performance-based economic development tools to create the diverse cross section of innovation-driven firms which is essential to a competitive economy in this state, characterized by better employment opportunities leading to higher wages.
(2) The board shall be governed by a board of directors. The board of directors shall consist of the following members:
(a) The Chancellor of the State University System or the Chancellor's designee.
(b) The executive director of the State Community College System or the executive director's designee.
(c) A member of the Senate, who shall be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.
(d) A member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker of the House of Representatives.
(e) Nine to 11 members from the public and private sector, consisting of, but not limited to, individuals who represent technology-based businesses and industrial interests throughout the state who shall be appointed by the Governor, subject to Senate confirmation.
(3) Members appointed by the Governor shall be appointed for terms of 4 years, except that, in making the initial appointments, the Governor shall appoint three to five members for terms of 4 years, three members for terms of 3 years, and three members for terms of 2 years.
(4) The chair and vice chair of Enterprise Florida, Inc., shall jointly select a list of nominees for appointment to the board of directors from a slate of candidates submitted by Enterprise Florida, Inc. The chair and vice chair of Enterprise Florida, Inc., may request that additional candidates be submitted by Enterprise Florida, Inc., if the chair and vice chair cannot agree on a list of nominees submitted. Appointments to the board of directors shall be made by the Governor from the list of nominees jointly selected by the chair and vice chair of Enterprise Florida, Inc. Appointees shall represent all geographic regions of the state, including both urban and rural regions. The importance of minority and gender representation shall be considered when making nominations for each position on the board of directors.
(5) The Governor shall appoint the initial 9 to 11 members from the public and private sector to the board of directors within 30 days after receipt of the nominations from the chair and vice chair of Enterprise Florida, Inc.
(6) A vacancy on the board of directors shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(7) A member may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal.
History.--ss. 5, 14, ch. 93-187; s. 232, ch. 95-148; s. 91, ch. 96-320.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9513 Organization.--
(1) The board of directors of the technology development board shall be chaired by a board member selected by a majority vote of the board. The chair position shall be for a term of 2 years.
(2) The president of the board shall be hired by the president of Enterprise Florida, Inc., and shall serve in the capacity as an executive director and secretary of the board of directors, with any additional staff being hired by the president of Enterprise Florida, Inc., within the parameters established by the board of directors of Enterprise Florida, Inc.
(3) The board of directors shall meet at least quarterly and at other times upon call of the chair.
(4) A quorum shall be a majority of the total current membership of the board of directors of the board.
(5) A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board of directors is required to adopt or amend the operational plan.
(6) Except as delegated or authorized by the board of directors, individual board members have no authority to control or direct the operations of the board or the actions of its officers and employees, including the president.
(7) The board of directors may delegate to its president those powers and responsibilities it deems appropriate.
(8) Members shall serve without compensation but members of the board of directors, the president, and staff may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.
(9) The board of directors may establish an executive committee consisting of the chair and at least two additional board members selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.
History.--ss. 6, 14, ch. 93-187; s. 92, ch. 96-320.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9514 Powers and authority of board of directors.--
(1) The technology development board shall achieve the purposes stated in s. 288.9512 through technology application, technology commercialization, and technology development, as well as other activities related to building a competitive, knowledge-based economy. The board shall have all the powers and authority not explicitly prohibited by statute necessary or convenient to carry out and effectuate its functions, duties, and responsibilities, including, but not limited to:
(a) Advising and assisting in formulating and coordinating the state's economic development policy regarding technology development and expansion consistent with the policies of the board of directors of Enterprise Florida, Inc.
(b) Taking actions in partnership with private enterprise, educational institutions, and other organizations to:
1. Increase the rate of technology application across manufacturing and other knowledge-based firms throughout the state.
2. Increase the amount of technology development occurring in Florida.
3. Increase the rate at which technologies with potential commercial application are moved out of university, private, and public laboratories into the marketplace.
(c) Using a corporate seal.
(d) Advising and assisting in developing the state's technology development strategic planning process.
(e) Evaluating the performance and effectiveness of the state's technology enhancement and development programs.
(f) Reporting to the board of directors of Enterprise Florida, Inc., regarding its recommendations, functions, duties, and responsibilities.
(g) Soliciting, borrowing, accepting, receiving, and investing funds from any public or private source.
(h) Contracting with public and private entities as necessary to further the directives of this act, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.
(i) Carrying forward any unexpended state appropriations into succeeding fiscal years.
(j) Providing an annual report to the board of directors of Enterprise Florida, Inc., by November 1 of each year setting forth:
1. Its operations and accomplishments during the fiscal year.
2. Its business and operation's plan and its technology development plan, including recommendations on methods for implementing and funding the technology development plan.
3. Its assets and liabilities at the end of its most recent fiscal year.
4. A copy of an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant performed in accordance with rules adopted by the Auditor General.
(2) The board shall design specific programs or entities to address the actions listed in paragraph (1)(b).
History.--ss. 7, 14, ch. 93-187; s. 93, ch. 96-320; s. 38, ch. 97-278.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9515 Authorized programs of technology development board.--
(1) The board may create a technology applications service, to be called the Florida Innovation Alliance. The Florida Innovation Alliance shall serve as an umbrella organization for technology applications service providers throughout the state which provide critical, managerial, technological, scientific, and related financial and business expertise essential for international and domestic competitiveness to small-sized and medium-sized manufacturing and knowledge-based service firms. The board is authorized the following powers in order to carry out the functions of the Florida Innovation Alliance:
(a) Providing communication and coordination services among technology applications service providers throughout the state.
(b) Providing coordinated marketing services to small-sized and medium-sized manufacturers in the state on behalf of, and in partnership with, technology applications service providers.
(c) Securing additional sources of funds on behalf of, and in partnership with, technology applications service providers.
(d) Developing plans and policies to assist small-sized and medium-sized manufacturing companies or other knowledge-based firms in Florida.
(e) Entering into contracts with technology applications service providers for expanded availability of high-quality assistance to small-sized and medium-sized manufacturing companies or knowledge-based service firms, including, but not limited to, technological, human resources development, market planning, finance, and interfirm collaboration. The board shall ensure that all contracts in excess of $20,000 for the delivery of such assistance to Florida firms shall be based on competitive requests for proposals. The board shall establish clear standards for the delivery of services under such contracts. Such standards include, but are not limited to:
1. The ability and capacity to deliver services in sufficient quality and quantity.
2. The ability and capacity to deliver services in a timely manner.
3. The ability and capacity to meet the needs of firms in the proposed market area.
(f) Assisting other educational institutions, enterprises, or the entities providing business assistance to small-sized and medium-sized manufacturing enterprises.
(g) Establishing a system to evaluate the effectiveness and efficiency of Florida Innovation Alliance services provided to small-sized and medium-sized enterprises.
(h) Establishing special education and informational programs for Florida enterprises and for educational institutions and enterprises providing business assistance to Florida enterprises.
(i) Evaluating and documenting the needs of firms in this state for technology application services, and developing means to ensure that these needs are met, consistent with the powers provided for in this subsection.
(j) Maintaining an office in such place or places as the board recommends and the board of directors of Enterprise Florida, Inc., approves.
(k) Making and executing contracts with any person, enterprise, educational institution, association, or any other entity necessary or convenient for the performance of its duties and the exercise of the board's powers and functions under this subsection.
(l) Receiving funds from any source to carry out the purposes of the Florida Innovation Alliance, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States or of the state, or any enterprise or person, for any purpose consistent with the provisions of the Florida Innovation Alliance.
(m) Acquiring or selling, conveying, leasing, exchanging, transferring, or otherwise disposing of the alliance's property or interest therein.
(2) When choosing contractors, preference shall be given to existing institutions, organizations, and enterprises so long as these existing institutions, organizations, and enterprises demonstrate the ability to perform at standards established by the board under paragraph (1)(e). Neither the provisions of ss. 288.9511-288.9517 nor the actions of the alliance shall impair or hinder the operations, performance, or resources of any existing institution, organization, or enterprise.
(3) The board may create a technology development financing fund, to be called the Florida Technology Research Investment Fund. The fund shall increase technology development in this state by investing in technology development projects that have the potential to generate investment-grade technologies of importance to the state's economy as evidenced by the willingness of private businesses to coinvest in such projects. The board may also demonstrate and develop effective approaches to, and benefits of, commercially oriented research collaborations between businesses, universities, and state and federal agencies and organizations. The board shall endeavor to maintain the fund as a self-supporting fund once the fund is sufficiently capitalized as reflected in the minimum funding report required in s. 288.9516. The technology research investment projects may include, but are not limited to:
(a) Technology development projects expected to lead to a specific investment-grade technology that is of importance to industry in this state.
(b) Technology development centers and facilities expected to generate a stream of products and processes with commercial application of importance to industry in this state.
(c) Technology development projects that have, or are currently using, other federal or state funds such as federal Small Business Innovation Research awards.
(4) The board shall invest moneys contained in the Florida Technology Research Investment Fund in technology application research or for technology development projects that have the potential for commercial market application. The partnership shall coordinate any investment in any space-related technology projects with the Spaceport Florida Authority and the Technological Research and Development Authority.
(a) The investment of moneys contained in the Florida Technology Research Investment Fund is limited to investments in qualified securities in which a private enterprise in this state coinvests at least 40 percent of the total project costs, in conjunction with other cash or noncash investments from state educational institutions, state and federal agencies, or other institutions.
(b) For the purposes of this fund, qualified securities include loans, loans convertible to equity, equity, loans with warrants attached that are beneficially owned by the board, royalty agreements, or any other contractual arrangement in which the board is providing scientific and technological services to any federal, state, county, or municipal agency, or to any individual, corporation, enterprise, association, or any other entity involving technology development.
(c) Not more than $175,000 or 5 percent of the revenues generated by investment of moneys contained in the Florida Technology Research Investment Fund, whichever is greater, may be used to pay the partnership's operating expenses associated with operation of the Florida Technology Research Investment Fund.
(d) In the event of liquidation or dissolution of Enterprise Florida, Inc., or the Florida Technology Research Investment Fund, any rights or interests in a qualified security or portion of a qualified security purchased with moneys invested by the State of Florida shall vest in the state, under the control of the State Board of Administration. The state is entitled to, in proportion to the amount of investment in the fund by the state, any balance of funds remaining in the Florida Technology Research Investment Fund after payment of all debts and obligations upon liquidation or dissolution of Enterprise Florida, Inc., or the fund.
(e) The investment of funds contained in the Florida Technology Research Investment Fund does not constitute a debt, liability, or obligation of the State of Florida or of any political subdivision thereof, or a pledge of the faith and credit of the state or of any such political subdivision.
(5) The board may create technology commercialization programs in partnership with private enterprises, educational institutions, and other institutions to increase the rate at which technologies with potential commercial application are moved from university, public, and industry laboratories into the marketplace. Such programs shall be created based upon research to be conducted by the board.
History.--ss. 8, 14, ch. 93-187; s. 10, ch. 94-136; s. 94, ch. 96-320.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
288.95155 Florida Small Business Technology Growth Program.--
(1) The Florida Small Business Technology Growth Program is hereby established to provide financial assistance to businesses in this state having high job growth and emerging technology potential and fewer than 100 employees. The program shall be administered and managed by the technology development board of Enterprise Florida, Inc.
(2) The board shall establish a separate small business technology growth account in the Florida Technology Research Investment Fund for purposes of this section. Moneys in the account shall consist of appropriations by the Legislature, proceeds of any collateral used to secure such assistance, transfers, fees assessed for providing or processing such financial assistance, grants, interest earnings, earnings on financial assistance, and any moneys transferred to the account by the Department of Community Affairs from the Economic Opportunity Trust Fund for use in qualifying energy projects.
(3) Pursuant to s. 216.351, the amount of any moneys appropriated to the account which are unused at the end of the fiscal year shall not be subject to reversion under s. 216.301. All moneys in the account are continuously appropriated to the account and may be used for loan guarantees, letter of credit guarantees, cash reserves for loan and letter of credit guarantees, payments of claims pursuant to contracts for guarantees, subordinated loans, loans with warrants, royalty investments, equity investments, and operations of the program. Any claim against the program shall be paid solely from the account. Neither the credit nor the taxing power of the state shall be pledged to secure the account or moneys in the account, other than from moneys appropriated or assigned to the account, and the state shall not be liable or obligated in any way for any claims against the account, against the technology development board, or against Enterprise Florida, Inc.
(4) Awards of assistance from the program shall be finalized at meetings of the technology development board and shall be subject to the policies and procedures of Enterprise Florida, Inc. The board shall leverage at least one dollar of matching investment for each dollar awarded from the program. The board shall give the highest priority to moderate-risk and high-risk ventures that offer the greatest opportunity for compelling economic development impact. The board shall establish for each award a risk-reward timetable that profiles the risks of the assistance, estimates the potential economic development impact, and establishes a timetable for reviewing the success or failure of the assistance. By December 31 of each year, the board shall evaluate, on a portfolio basis, the results of all awards of assistance made from the program during the year.
(5) By January 1 of each year, the board shall prepare a report on the financial status of the program and the account and shall submit a copy of the report to the board of directors of Enterprise Florida, Inc., the appropriate legislative committees responsible for economic development oversight, and the appropriate legislative appropriations subcommittees. The report shall specify the assets and liabilities of the account within the current fiscal year and shall include a portfolio update that lists all of the businesses assisted, the private dollars leveraged by each business assisted, and the growth in sales and in employment of each business assisted.
History.--s. 1, ch. 98-59.
1288.9516 Annual report of technology development board.--By December 1 of each year, Enterprise Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report by the board setting forth:
(1) The audit in s. 288.9517(1), if conducted.
(2) The operations and accomplishments of each of the programs or entities established pursuant to s. 288.9515.
(3) Recommendation on methods for implementing and funding the programs or entities established pursuant to s. 288.9515. This recommendation shall include the minimum levels of funding necessary for the board to continue to operate such programs or entities.
(4) An examination of comparable technology applications, commercialization, and development services in other states, including showing how and at what level these programs are funded by those states.
History.--ss. 9, 14, ch. 93-187; s. 95, ch. 96-320.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
1288.9517 Audits; confidentiality.--
(1) The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of the technology development board or the programs or entities created by the board. The audit or report may not reveal the identity of any person who has anonymously made a donation to the board pursuant to subsection (2).
(2) The identity of a donor, prospective donor, or inventor who contributes to the board who desires to remain anonymous and all information identifying such donor, prospective donor, or inventor who contributes to the board are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.
History.--ss. 10, 14, ch. 93-187; s. 233, ch. 95-148; s. 4, ch. 95-369; s. 96, ch. 96-320; s. 146, ch. 96-406.
1Note.--Section 14, ch. 93-187, provides that "[s]ections 3 through 11 of this act are repealed December 31, 2003, and shall be reviewed by the Legislature prior to that date. The review must be in accordance with criteria set forth in law."
288.9519 Not-for-profit corporation.--
(1) It is the intent of the Legislature to promote the development of the state economy and to authorize the establishment of a not-for-profit organization that shall promote the competitiveness and profitability of high-technology business and industry through technology development projects of importance to specific manufacturing sectors in this state. This not-for-profit corporation shall work cooperatively with the technology development board and shall avoid duplicating the activities, programs, and functions of the board.
(2) In addition to all other powers and authority, not explicitly prohibited by statutes, this not-for-profit organization has the following powers and duties:
(a) To receive funds appropriated to the organization by the Legislature. Such funds may not duplicate funds appropriated to the technology development board but shall serve to further the advancement of the state economy, jointly and collaboratively with the board.
(b) To submit a legislative budget request through a state agency.
(c) To accept gifts, grants, donations, expenses, in-kind services, or other goods or services for carrying out its purposes, and to expend such funds or assets in any legal manner according to the terms and conditions of acceptance and without interference, control, or restraint by the state.
(d) To carry forward any unexpended state appropriations into succeeding fiscal years.
History.--s. 12, ch. 93-187; s. 98, ch. 96-320.
288.9520 Public records exemption.--Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, financial and proprietary information, and agreements or proposals to receive funding that are received, generated, ascertained, or discovered by the technology development board, including its affiliates or subsidiaries and partnership participants, such as private enterprises, educational institutions, and other organizations, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a recipient of board research funds shall make available, upon request, the title and description of the research project, the name of the researcher, and the amount and source of funding provided for the project.
History.--s. 17, ch. 89-381; s. 81, ch. 90-360; s. 13, ch. 93-187; s. 1, ch. 95-230; s. 99, ch. 96-320; s. 147, ch. 96-406.
Note.--Former s. 240.539(7).
FLORIDA DEVELOPMENT
FINANCE CORPORATION
288.9602 Findings and declarations of necessity.
288.9603 Definitions.
288.9604 Creation of the authority.
288.9605 Exercise of powers by the corporation.
288.9606 Issue of revenue bonds.
288.9607 Guaranty of bond issues.
288.9608 Creation and funding of the guaranty account.
288.9609 Bonds as legal investments.
288.9610 Annual reports of Florida Development Finance Corporation.
288.9611 Capital development board; creation, purpose, membership.
288.9612 Capital development board; organization.
288.9613 Powers and authority of the capital development board.
288.9614 Authorized programs.
288.9615 Annual report of capital development board.
288.9616 Audits; confidentiality.
288.9618 Microenterprises.
288.9620 Workforce development board.
1288.9602 Findings and declarations of necessity.--The Legislature finds and declares that:
(1) There is a need to enhance economic activity in the cities and counties of the state by attracting manufacturing, development, redevelopment of brownfield areas, business enterprise management, and other activities conducive to economic promotion in order to provide a stronger, more balanced, and stable economy in the cities and counties of the state.
(2) A significant portion of businesses located in the cities and counties of the state or desiring to locate in the cities and counties of the state encounter difficulty in obtaining financing on terms competitive with those available to businesses located in other states and nations or are unable to obtain such financing at all.
(3) The difficulty in obtaining such financing impairs the expansion of economic activity and the creation of jobs and income in communities throughout the state.
(4) The businesses most often affected by these financing difficulties are small businesses critical to the economic development of the cities and counties of Florida.
(5) The economic well-being of the people in, and the commercial and industrial resources of, the cities and counties of the state would be enhanced by the provision of financing to businesses on terms competitive with those available in the most developed financial markets worldwide.
(6) In order to improve the prosperity and welfare of the cities and counties of this state and its inhabitants, to improve and promote the financing of projects related to the economic development of the cities and counties of this state, including redevelopment of brownfield areas, and to increase the purchasing power and opportunities for gainful employment of citizens of the cities and counties of this state, it is necessary and in the public interest to facilitate the financing of such projects as provided for in this act and to do so without regard to the boundaries between counties, municipalities, special districts, and other local governmental bodies or agencies in order to more effectively and efficiently serve the interests of the greatest number of people in the widest area practicable.
(7) In order to promote and stimulate development and advance the business prosperity and economic welfare of the cities and counties of this state and its inhabitants; to encourage and assist new business and industry in this state through loans, investments, or other business transactions; to rehabilitate and assist existing businesses; to stimulate and assist in the expansion of all kinds of business activity; and to create maximum opportunities for employment, encouragement of thrift, and improvement of the standard of living of the citizens of Florida, it is necessary and in the public interest to facilitate the cooperation and action between organizations, public and private, in the promotion, development, and conduct of all kinds of business activity in the state.
(8) In order to efficiently and effectively achieve the purposes of this act, it is necessary and in the public interest to create a special development finance authority to cooperate and act in conjunction with public agencies of this state and local governments of this state, through interlocal agreements pursuant to the Florida Interlocal Cooperation Act of 1969, in the promotion and advancement of projects related to economic development, including redevelopment of brownfield areas, throughout the state.
(9) The purposes to be achieved by the special development finance authority through such projects and such financings of business and industry in compliance with the criteria and the requirements of this act are predominantly the public purposes stated in this section, and such purposes implement the governmental purposes under the State Constitution of providing for the health, safety, and welfare of the people, including implementing the purpose of s. 10(c), Art. VII of the State Constitution and simultaneously provide new and innovative means for the investment of public trust funds in accordance with s. 10(a), Art. VII of the State Constitution.
History.--ss. 26, 62, ch. 93-187; s. 1, ch. 93-402; s. 11, ch. 98-75.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9603 Definitions.--
(1) "Act" means the Florida Development Finance Corporation Act of 1993, and all acts supplemental thereto and amendatory thereof.
(2) "Amortization payments" means periodic payments, such as monthly, semiannually, or annually, of interest on premiums, if any, and installments of principal of revenue bonds as required by an indenture of the corporation.
(3) "Applicant" means the individual, firm, or corporation, whether for profit or nonprofit, charged with developing the project under the terms of the indenture of the corporation.
(4) "Cash equivalents" shall include letters of credit issued by investment grade rated financial institutions or their subsidiaries; direct obligations of the government of the United States of America, or any agency thereof, or obligations unconditionally guaranteed by the United States of America; certificates of deposit issued by investment grade rated financial institutions or their subsidiaries; and investments in commercial paper which, at the time of acquisition by the corporation is accorded the highest rating by Standard & Poor's Corporation, Moody's Investors Services, Inc., or any other nationally recognized credit rating agency of similar standing, provided that in each such case such investments shall be convertible to cash as may be reasonably necessary for application of such moneys as and when the same are to be applied in accordance with the provisions of this act.
(5) "Corporation" means the Florida Development Finance Corporation.
(6) "Debt service" shall mean for any bonds issued by the corporation and for which a guaranty has been issued pursuant to ss. 288.9606, 288.9607, and 288.9608, for any period for which such determination is to be made, the aggregate amount of all interest charges due or which shall become due on or with respect to such bonds during the period for which such determination is being made, plus the aggregate amount of scheduled principal payments due or which shall become due on or with respect to such bonds during the period for which such determination is being made. Scheduled principal payments may include only principal payments that are scheduled as part of the terms of the original bond issue and that result in the reduction of the outstanding principal balance of the bonds.
(7) "Economic development specialist" means a resident of the state who is professionally employed in the discipline of economic development or industrial development.
(8) "Financial institution" means any banking corporation or trust company, savings and loan association, insurance company or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds in this state.
(9) "Maximum debt service" shall mean, for any period of 6 months or 1 year, as the case may be, during the life of any bonds issued by the corporation and for which a guaranty has been issued pursuant to ss. 288.9606, 288.9607, and 288.9608 and for which such determination is being made, the maximum amount of the debt service which is due or will become due during such period of time on or with respect to such bonds. For the purposes of calculating the amount of the maximum debt service with respect to any bonds which bear interest at a variable rate, the corporation shall utilize a fixed rate which it in its reasonable discretion determines to be appropriate.
(10) "Partnership" means the Enterprise Florida capital development board created under s. 288.9611.
(11) "Guaranty agreement" means an agreement by and between the corporation and a public agency pursuant to the provisions of s. 288.9607.
(12) "Guaranty fund" means the Revenue Bond Guaranty Reserve Account established by the corporation pursuant to s. 288.9608.
(13) "Interlocal agreement" means an agreement by and between the Florida Development Finance Corporation and a public agency of this state, pursuant to the provisions of s. 163.01.
(14) "Public agency" means a political subdivision, agency, or officer of this state or of any state of the United States, including, but not limited to, state, government, county, city, school district, single and multipurpose special district, single and multipurpose public authority, metropolitan or consolidated government, an independently elected county officer, any agency of the United States Government, and any similar entity of any other state of the United States.
History.--ss. 27, 62, ch. 93-187; s. 1, ch. 93-402; s. 100, ch. 96-320.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9604 Creation of the authority.--
(1) Upon a finding of necessity by a city or county of this state, selected pursuant to subsection (2), there is created a public body corporate and politic known as the "Florida Development Finance Corporation." The corporation shall be constituted as a public instrumentality of local government, and the exercise by the corporation of the powers conferred by this act shall be deemed and held to be the performance of an essential public function. The corporation has the power to function within the corporate limits of any public agency with which it has entered into an interlocal agreement for any of the purposes of this act.
(2) A city or county of Florida shall be selected by a search committee of the capital development board. This city or county shall be authorized to activate the corporation. The search committee shall be composed of two commercial banking representatives, the Senate member of the partnership, the House of Representatives member of the partnership, and a member who is an industry or economic development professional.
(3) Upon activation of the corporation, the Governor, subject to confirmation by the Senate, shall appoint the board of directors of the corporation, who shall be five in number. The terms of office for the directors shall be for 4 years, except that three of the initial directors shall be designated to serve terms of 1, 2, and 3 years, respectively, from the date of their appointment, and all other directors shall be designated to serve terms of 4 years from the date of their appointment. A vacancy occurring during a term shall be filled for the unexpired term. A director shall be eligible for reappointment. At least three of the directors of the corporation shall be bankers who have been selected by the Governor from a list of bankers who were nominated by the Enterprise Florida capital development board, and one of the directors shall be an economic development specialist. The chairperson of the Florida Black Business Investment Board shall be an ex officio member of the board of the corporation.
(4)(a) A director shall receive no compensation for his or her services, but is entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her duties. Each director shall hold office until his or her successor has been appointed.
(b) The powers of the corporation shall be exercised by the directors thereof. A majority of the directors constitutes a quorum for the purposes of conducting business and exercising the powers of the corporation and for all other purposes. Action may be taken by the corporation upon a vote of a majority of the directors present, unless in any case the bylaws require a larger number. Any person may be appointed as director if he or she resides, or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation or serving as an officer or director of a corporation or other business entity so engaged, within the state.
(c) The directors of the corporation shall annually elect one of their members as chair and one as vice chair. The corporation may employ a president, technical experts, and such other agents and employees, permanent and temporary, as it requires and determine their qualifications, duties, and compensation. For such legal services as it requires, the corporation may employ or retain its own counsel and legal staff. The corporation shall file with the governing body of each public agency with which it has entered into an interlocal agreement and with the Governor, the Speaker of the House of Representatives, the President of the Senate, the Minority Leaders of the Senate and House of Representatives, and the Auditor General, on or before 90 days after the close of the fiscal year of the corporation, a report of its activities for the preceding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year.
(5) The board may remove a director for inefficiency, neglect of duty, or misconduct in office only after a hearing and only if he or she has been given a copy of the charges at least 10 days prior to such hearing and has had an opportunity to be heard in person or by counsel. The removal of a director shall create a vacancy on the board which shall be filled pursuant to subsection (3).
History.--ss. 28, 62, ch. 93-187; s. 1, ch. 93-402; s. 11, ch. 94-136; s. 882, ch. 95-148; s. 101, ch. 96-320; s. 43, ch. 97-100.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9605 Exercise of powers by the corporation.--
(1) The powers of the corporation created by s. 288.9604 shall include all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act.
(2) The corporation is authorized and empowered to:
(a) Have perpetual succession as a body politic and corporate and adopt bylaws for the regulation of its affairs and the conduct of its business.
(b) Adopt an official seal and alter the same at its pleasure.
(c) Maintain an office at such place or places as it may designate.
(d) Sue and be sued in its own name and plead and be impleaded.
(e) Enter into interlocal agreements pursuant to s. 163.01(7) with public agencies of this state for the exercise of any power, privilege, or authority consistent with the purposes of this act.
(f) Issue, from time to time, revenue bonds, including, but not limited to, bonds the interest on which is exempt from federal income taxation, for the purpose of financing and refinancing any capital projects for applicants and exercise all powers in connection with the authorization, issuance, and sale of bonds, subject to the provisions of 2s. 288.9606.
(g) Issue bond anticipation notes in connection with the authorization, issuance, and sale of such bonds, pursuant to the provisions of s. 288.9606.
(h) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers under the act.
(i) Disseminate information about itself and its activities.
(j) Acquire, by purchase, lease, option, gift, grant, bequest, devise, or otherwise, real property, or personal property for its administrative purposes, together with any improvements thereon.
(k) Hold, improve, clear, or prepare for development any such property.
(l) Mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property.
(m) Insure or provide for insurance of any real or personal property or operations of the corporation or any private enterprise against any risks or hazards, including the power to pay premiums on any such insurance.
(n) Establish and fund a guaranty fund.
(o) Invest funds held in reserve or sinking funds or any such funds not required for immediate disbursement in property or securities in such manner as the board shall determine, subject to the authorizing resolution on any bonds issued, and to terms established in the investment agreement pursuant to ss. 288.9606, 288.9607, and 288.9608, and redeem such bonds as have been issued pursuant to s. 288.9606 at the redemption price established therein or purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled.
(p) Borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this act and give such security as may be required and enter into and carry out contracts or agreements in connection therewith; and include in any contract for financial assistance with the Federal Government for, or with respect to, any purposes under this act and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the provisions of this act.
(q) Make or have all surveys and plans necessary for the carrying out of the purposes of this act, contract with any person, public or private, in making and carrying out such plans, and adopt, approve, modify, and amend such plans.
(r) Develop, test, and report methods and techniques and carry out demonstrations and other activities for the promotion of any of the purposes of this act.
(s) Apply for, accept, and utilize grants from the Federal Government available for any of the purposes of this act.
(t) Make expenditures necessary to carry out the purposes of this act.
(u) Exercise all or any part or combination of powers granted in this act.
(v) Enter into investment agreements with the Florida Black Business Investment Board concerning the issuance of bonds and other forms of indebtedness and capital for the purposes of ss. 288.707-288.714.
(w) Determine the situations and circumstances for participation in partnerships by agreement with local governments, financial institutions, and others associated with the redevelopment of brownfield areas pursuant to the Brownfields Redevelopment Act for a limited state guaranty of revenue bonds, loan guarantees, or loan loss reserves.
History.--ss. 29, 62, ch. 93-187; s. 1, ch. 93-402; s. 12, ch. 94-136; s. 12, ch. 98-75.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
2Note.--Substituted for a reference to section 6. The reference to section 6 is an apparent error, as the reference appears to have been retained from C.S. for H.B. 2263, the substance of which was incorporated into C.S. for S.B. 2382 (which became ch. 93-187) by House Amendment 1 (see Journal of the House of Representatives 1993, p. 1204). Section 6 of C.S. for H.B. 2263 became s. 30, ch. 93-187, codified as s. 288.9606.
1288.9606 Issue of revenue bonds.--
(1) When authorized by a public agency pursuant to s. 163.01(7), the corporation has power in its corporate capacity, in its discretion, to issue revenue bonds or other evidences of indebtedness which a public agency has the power to issue, from time to time to finance the undertaking of any purpose of this act and ss. 288.707-288.714, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans or preliminary loans, and has the power to issue refunding bonds for the payment or retirement of bonds previously issued. Bonds issued pursuant to this section shall bear the name "Florida Development Finance Corporation Revenue Bonds." The security for such bonds may be based upon such revenues as are legally available. In anticipation of the sale of such revenue bonds, the corporation may issue bond anticipation notes and may renew such notes from time to time, but the maximum maturity of any such note, including renewals thereof, may not exceed 5 years from the date of issuance of the original note. Such notes shall be paid from any revenues of the corporation available therefor and not otherwise pledged or from the proceeds of sale of the revenue bonds in anticipation of which they were issued. Any bond, note, or other form of indebtedness issued pursuant to this act shall mature no later than the end of the 30th fiscal year after the fiscal year in which the bond, note, or other form of indebtedness was issued.
(2) Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under the provisions of this act are declared to be for an essential public and governmental purpose. Bonds issued under this act, the interest on which is exempt from income taxes of the United States, together with interest thereon and income therefrom, are exempted from all taxes, except those taxes imposed by chapter 220, on interest, income, or profits on debt obligations owned by corporations.
(3) Bonds issued under this section shall be authorized by a public agency of this state pursuant to the terms of an interlocal agreement; may be issued in one or more series; and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest rate or rates, be in such denomination or denominations, be in such form either with or without coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments at such place or places, be subject to such terms of redemption, with or without premium, be secured in such manner, and have such other characteristics as may be provided by the interlocal agreement issued pursuant thereto. Bonds issued under this section may be sold in such manner, either at public or private sale, and for such price as the corporation may determine will effectuate the purpose of this act.
(4) In case a director whose signature appears on any bonds or coupons issued under this act ceases to be a director before the delivery of such bonds, such signature is, nevertheless, valid and sufficient for all purposes, the same as if such director had remained in office until such delivery.
(5) In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this act, or the security therefor, any such bond reciting in substance that it has been issued by the corporation in connection with any purpose of the act shall be conclusively deemed to have been issued for such purpose, and such purpose shall be conclusively deemed to have been carried out in accordance with the act. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published only in Leon County, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county where the public agencies which were initially a party to the interlocal agreement are located. Notice of such proceedings shall be published in the manner and the time required by s. 75.06, in Leon County and in each county where the public agencies which were initially a party to the interlocal agreement are located. Obligations of the corporation pursuant to a loan agreement as described in this subsection may be validated as provided in chapter 75. The validation of at least the first bonds approved by the corporation shall be appealed to the Florida Supreme Court. The complaint in the validation proceeding shall specifically address the constitutionality of using the investment of the earnings accrued and collected upon the investment of the minimum balance funds required to be maintained in the State Transportation Trust Fund to guarantee such bonds. If such proceeding results in an adverse ruling and such bonds and guaranty are found to be unconstitutional, invalid, or unenforceable, then the corporation shall no longer be authorized to use the investment of the earnings accrued and collected upon the investment of the minimum balance of the State Transportation Trust Fund to guarantee any bonds.
(6) The proceeds of any bonds of the corporation may not be used, in any manner, to acquire any building or facility that will be, during the pendency of the financing, used by, occupied by, leased to, or paid for by any state, county, or municipal agency or entity.
History.--ss. 30, 62, ch. 93-187; s. 1, ch. 93-402; s. 13, ch. 94-136; s. 102, ch. 96-320.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9607 Guaranty of bond issues.--
(1) The corporation is hereby authorized to approve or deny, by a majority vote of the membership of the directors, the guaranty of any revenue bonds issued pursuant to this act. The guaranty may also be of the obligations of the corporation with respect to any letter of credit, bond insurance, or other form of credit enhancement provided by any person with respect to any revenue bonds issued by the corporation pursuant to this act.
(2) Any applicant for financing from the corporation, requesting a guaranty of the bonds issued by the corporation under this act must submit a guaranty application, in a form acceptable to the corporation, together with supporting documentation to the corporation as provided in this section.
(3) All applicants which have entered into a guaranty agreement with the corporation shall pay a guaranty premium on such terms and at such rates as the corporation shall determine prior to the issuance of the bonds. The corporation may adopt such guaranty premium structures as it deems appropriate, including, without limitation, guaranty premiums which are payable one time upon the issuance of bonds or annual premiums payable upon the outstanding principal balance of bonds from time to time. The premium payment may be collected by the corporation from the lessee of the project involved, from the applicant, or from any other payee of the loan agreement involved.
(4) All applications for a guaranty must acknowledge that as a condition to the issuance of the guaranty, the financing must be secured by a mortgage or security interest on the property acquired which will have such priority over other liens on such property as may be required by the corporation, and that the financing must be guaranteed by such person or persons with such ownership interest in the applicant as may be required by the corporation.
(5) Personal financial records, trade secrets, or proprietary information of applicants shall be confidential and exempt from the provisions of s. 119.07(1).
(6) If the application for a guaranty is approved by the corporation, the corporation and the applicant shall enter into a guaranty agreement. In accordance with the provisions of the guaranty agreement, the corporation guarantees to use the funds on deposit in its Revenue Bond Guaranty Reserve Account to meet amortization payments on the bonds as they become due, in the event and to the extent that the applicant is unable to meet such payments in accordance with the terms of the bond indenture when called to do so by the trustee of the bondholders, or to make similar payments to reimburse any person which has provided credit enhancement for the bonds and which has advanced funds to meet such amortization payments as they become due. If the applicant defaults on bond amortization payments, the corporation may use funds on deposit in the Revenue Bond Guaranty Reserve Account to pay insurance, maintenance, and other costs which may be required for the preservation of any project or other collateral security for any bond issued by the corporation, or to otherwise protect the reserve account from loss, or to minimize losses to the reserve account, in each case in such manner as may be deemed necessary and advisable by the corporation.
(7)(a) The corporation is authorized to enter into an investment agreement with the Department of Transportation and the State Board of Administration concerning the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to 2s. 339.135(7)(b). Such investment shall be limited as follows:
1. Not more than $4 million of the investment earnings earned on the investment of the minimum balance of the State Transportation Trust Fund in a fiscal year shall be at risk at any time on one or more bonds or series of bonds issued by the corporation.
2. The investment earnings shall not be used to guarantee any bonds issued after June 30, 1998, and in no event shall the investment earnings be used to guarantee any bond issued for a maturity longer than 15 years.
3. The corporation shall pay a reasonable fee, set by the State Board of Administration, in return for the investment of such funds. The fee shall not be less than the comparable rate for similar investments in terms of size and risk.
4. The proceeds of bonds, or portions thereof, issued by the corporation for which a guaranty has been or will be issued pursuant to s. 288.9606, s. 288.9608, or this section used to make loans to any one person, including any related interests, as defined in s. 658.48, of such person, shall not exceed 20 percent of the principal of all such outstanding bonds of the corporation issued prior to the first composite bond issue of the corporation, or December 31, 1995, whichever comes first, and shall not exceed 15 percent of the principal of all such outstanding bonds of the corporation issued thereafter, in each case determined as of the date of issuance of the bonds for which such determination is being made and taking into account the principal amount of such bonds to be issued. The provisions of this subparagraph shall not apply when the total amount of all such outstanding bonds issued by the corporation is less than $10 million. For the purpose of calculating the limits imposed by the provisions of this subparagraph, the first $10 million of bonds issued by the corporation shall be taken into account.
5. The corporation shall establish a debt service reserve account which contains not less than 6 months' debt service reserves from the proceeds of the sale of any bonds, or portions thereof, guaranteed by the corporation.
6. The corporation shall establish an account known as the Revenue Bond Guaranty Reserve Account, the Guaranty Fund. The corporation shall deposit a sum of money or other cash equivalents into this fund and maintain a balance of money or cash equivalents in this fund, from sources other than the investment of earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund, not less than a sum equal to 1 year of maximum debt service on all outstanding bonds, or portions thereof, of the corporation for which a guaranty has been issued pursuant to ss. 288.9606, 288.9607, and 288.9608. In the event the corporation fails to maintain the balance required pursuant to this subparagraph for any reason other than a default on a bond issue of the corporation guaranteed pursuant to this section or because of the use by the corporation of any such funds to pay insurance, maintenance, or other costs which may be required for the preservation of any project or other collateral security for any bond issued by the corporation, or to otherwise protect the Revenue Bond Guaranty Reserve Account from loss while the applicant is in default on amortization payments, or to minimize losses to the reserve account in each case in such manner as may be deemed necessary or advisable by the corporation, the corporation shall immediately notify the Department of Transportation of such deficiency. Any supplemental funding authorized by an investment agreement entered into with the Department of Transportation and the State Board of Administration concerning the use of investment earnings of the minimum balance of funds is void unless such deficiency of funds is cured by the corporation within 90 days after the corporation has notified the Department of Transportation of such deficiency.
(b) Unless specifically prohibited in the General Appropriations Act, the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund may continue to be used pursuant to paragraph (a).
(c) The guaranty shall not be a general obligation of the corporation or of the state, but shall be a special obligation, which constitutes the investment of a public trust fund. In no event shall the guaranty constitute an indebtedness of the corporation, the State of Florida, or any political subdivision thereof within the meaning of any constitutional or statutory limitation. Each guaranty agreement shall have plainly stated on the face thereof that it has been entered into under the provisions of this act and that it does not constitute an indebtedness of the corporation, the state, or any political subdivision thereof within any constitutional or statutory limitation, and that neither the full faith and credit of the State of Florida nor any of its revenues is pledged to meet any of the obligations of the corporation under such guaranty agreement. Each such agreement shall state that the obligation of the corporation under the guaranty shall be limited to the funds available in the Revenue Bond Guaranty Reserve Account as authorized by this section.
The corporation shall include, as part of the annual report prepared pursuant to s. 288.9610, a detailed report concerning the use of guaranteed bond proceeds for loans guaranteed or issued pursuant to any agreement with the Florida Black Business Investment Board, including the percentage of such loans guaranteed or issued and the total volume of such loans guaranteed or issued.
(8) In the event the corporation does not approve the application for a guaranty, the applicant shall be notified in writing of the corporation's determination that the application not be approved.
(9) The membership of the corporation is authorized and directed to conduct such investigation as it may deem necessary for promulgation of regulations to govern the operation of the guaranty program authorized by this section. The regulations may include such other additional provisions, restrictions, and conditions as the corporation, after its investigation referred to in this subsection, shall determine to be proper to achieve the most effective utilization of the guaranty program. This may include, without limitation, a detailing of the remedies that must be exhausted by the bondholders, or a trustee acting on their behalf, prior to calling upon the corporation to perform under its guaranty agreement and the subrogation of other rights of the corporation with reference to the project and its operation or the financing in the event the corporation makes payment pursuant to the applicable guaranty agreement. The regulations promulgated by the corporation to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the corporation to enter, take over, and manage all financed properties upon default. These regulations shall set forth the respective rights of the corporation and the bondholders in regard thereto.
History.--ss. 31, 62, ch. 93-187; s. 1, ch. 93-402; s. 14, ch. 94-136; s. 3, ch. 95-386; s. 103, ch. 96-320; s. 148, ch. 96-406.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
2Note.--Section 339.135(6)(b) relates to the minimum balance to be maintained in the State Transportation Trust Fund.
1288.9608 Creation and funding of the guaranty account.--
(1) The corporation shall establish a debt service reserve account which contains not less than 6 months' debt service reserves from the proceeds of the sale of any bonds guaranteed by the corporation. Funds in such debt service reserve account shall be used prior to funds in the Revenue Bond Guaranty Reserve Account established in subsection (2). The corporation shall make best efforts to liquidate collateralized property and draw upon personal guarantees, and shall utilize the Revenue Bond Guaranty Reserve Account prior to use of supplemental funding for the Guaranty Reserve Account under the provisions of subsection (3).
(2)(a) The corporation shall establish an account known as the Revenue Bond Guaranty Reserve Account, the Guaranty Fund. The corporation shall deposit a sum of money or other cash equivalents into this fund and maintain a balance in this fund, from sources other than the State Transportation Trust Fund, not less than a sum equal to 1 year of maximum debt service on all outstanding bonds, or portions thereof, of the corporation for which a guaranty has been issued pursuant to ss. 288.9606, 288.9607, and 288.9608.
(b) If the corporation determines that the moneys in the Guaranty Fund are not sufficient to meet the obligations of the Guaranty Fund, the corporation is authorized to use the necessary amount of any available moneys that it may have which are not needed for, then or in the foreseeable future, or committed to other authorized functions and purposes of the corporation. Any such moneys so used may be reimbursed out of the Guaranty Fund if and when there are moneys therein available for the purpose.
(c) The determination of when additional moneys will be needed for the Guaranty Fund, the amounts that will be needed, and the availability or unavailability of other moneys shall be made solely by the corporation in the exercise of its discretion. However, supplemental funding for the Guaranty Fund as described in subsection (3) shall be made in accordance with the investment agreement of the corporation and the Department of Transportation and the State Board of Administration.
(3)(a) If the corporation determines that the funds in the Guaranty Fund will not be sufficient to meet the present or reasonably projected obligations of the Guaranty Fund, due to a default on a loan made by the corporation from the proceeds of a bond issued by the corporation which is guaranteed pursuant to s. 288.9607(7), no later than 90 days before amortization payments are due on such bonds, the corporation shall notify the Secretary of Transportation and the State Board of Administration of the amount of funds required to meet, as and when due, all amortization payments for which the Guaranty Fund is obligated. The Secretary of Transportation shall immediately notify the Speaker of the House of Representatives, the President of the Senate, and the chairs of the Senate and House Committees on Appropriations of the amount of funds required, and the projected impact on each affected year of the adopted work program of the Department of Transportation.
(b) Within 30 days of the receipt of notification from the corporation, the Department of Transportation shall submit a budget amendment request to the Executive Office of the Governor pursuant to chapter 216, to increase budget authority to carry out the purposes of this section. Upon approval of said amendment, the department shall proceed to amend the adopted work program, if necessary, in accordance with the amendment. Within 60 days of the receipt of notification, and subject to approval of the budget authority, the Secretary of Transportation shall transfer, subject to the amount available from the source described in paragraph (c), the amount of funds requested by the corporation required to meet, as and when due, all amortization payments for which the Guaranty Fund is obligated. Any moneys so transferred shall be reimbursed to the Department of Transportation, with interest at the rate earned on investment by the State Treasury, from the funds available in the Guaranty Fund or as otherwise available to the corporation.
(c) Pursuant to s. 288.9607(7), the Secretary of Transportation and the State Board of Administration may make available for transfer to the Guaranty Fund, earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund. However, the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund which shall be subject to transfer shall be limited to those earnings accrued and collected on the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund for the fiscal year in which the notification is received by the secretary and fiscal years thereafter.
(4) If the corporation receives supplemental funding for the Guaranty Fund under the provisions of this section, then any proceeds received by the corporation with respect to a loan in default, including proceeds from the sale of collateral for such loan, enforcement of personal guarantees or other pledges to the corporation to secure such loan, shall first be applied to the obligation of the corporation to repay the Department of Transportation pursuant to this section. Until such repayment is complete, no new bonds may be guaranteed pursuant to this section.
(5) Prior to the use of the guaranty provided in this section, and on an annual basis, the corporation must certify in writing to the State Board of Administration and the Secretary of Transportation that it has fully implemented the requirements of this section and s. 288.9607 and the regulations of the corporation.
History.--ss. 32, 62, ch. 93-187; s. 1, ch. 93-402; s. 234, ch. 95-148; s. 104, ch. 96-320.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9609 Bonds as legal investments.--All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking and investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by the corporation pursuant to an interlocal agreement with a public agency of this state. Such bonds and obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize all persons, political subdivisions, and officers, public and private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
History.--ss. 33, 62, ch. 93-187; s. 1, ch. 93-402.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
1288.9610 Annual reports of Florida Development Finance Corporation.--By December 1 of each year, the Florida Development Finance Corporation shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, the House Minority Leader, and the city or county activating the Florida Development Finance Corporation a complete and detailed report setting forth:
(1) The evaluation required in s. 288.9616(1).
(2) The operations and accomplishments of the Florida Development Finance Corporation, including the number of businesses assisted by the corporation.
(3) Its assets and liabilities at the end of its most recent fiscal year, including a description of all of its outstanding revenue bonds.
History.--ss. 34, 62, ch. 93-187; s. 1, ch. 93-402.
1Note.--Section 62, ch. 93-187, as amended by s. 1, ch. 93-402, provides that "[b]y December 31, 1998, the Legislature shall review the Florida Development Finance Corporation, including evaluating its success in attaining its statutory mission, identifying any new or unintended risks created for the state by it, and its record in covering increasing portions of its operating expenses."
288.9611 Capital development board; creation, purpose, membership.--
(1) There is created within the nonprofit corporate structure of Enterprise Florida, Inc., a nonprofit public-private board the purpose of which shall be to create a Florida economy characterized by better employment opportunities leading to higher wages by building access to financial markets for firms critical to this mission. The board shall be comprised of members from the private and public sectors of Florida and shall use leadership, investment, and changes in public policy in formulating recommendations to ensure access to the most appropriate forms of finance for such firms on a scale sufficient to achieve the purpose of this board.
(2) The capital development board shall be governed by a board of directors. The board of directors shall consist of the following members:
(a) A member of the Senate, who shall be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.
(b) A member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker.
(c) Nine to 11 members from the public and private sector consisting of, but not limited to, at least three representatives of the commercial banking industry, a representative of the venture capital industry, an economic development professional, and a manufacturing industry representative, who shall be appointed by the Governor from a list of nominees as provided herein, subject to Senate confirmation.
(3) Members appointed by the Governor shall be appointed for terms of 4 years, except that in making the initial appointments, the Governor shall appoint three members for terms of 4 years, three members for terms of 3 years, and three members for terms of 2 years.
(4) The chair and vice chair of Enterprise Florida, Inc., shall jointly select a list of nominees for appointment to the board of directors from a slate of candidates submitted by Enterprise Florida, Inc. The chair and vice chair of Enterprise Florida, Inc., may request that additional candidates be submitted by Enterprise Florida, Inc., if the chair and vice chair cannot agree on a list of nominees submitted. Appointments to the board of directors shall be made by the Governor from the list of nominees jointly selected by the chair and vice chair of Enterprise Florida, Inc. Appointees shall represent all geographic regions of the state, including both urban and rural regions. The importance of minority and gender representation shall be considered when making nominations for each position on the board of directors.
(5) The Governor shall appoint the initial 9 to 11 members from the public and private sector to the board of directors within 30 days after receipt of the list of nominees from the chair and vice chair of Enterprise Florida, Inc.
(6) A vacancy on the board of directors shall be filled for the remainder of the unexpired term.
(7) Appointive members may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal.
History.--s. 35, ch. 93-187; s. 235, ch. 95-148; s. 105, ch. 96-320.
288.9612 Capital development board; organization.--
(1) The governing board of the capital development board shall be chaired by a board member selected by a majority vote of the board.
(2) The president of the board shall be hired by the president of Enterprise Florida, Inc., and shall serve in the capacity of an executive director and secretary of the board, with any additional staff being hired by the president of Enterprise Florida, Inc., within the parameters established by the board of directors of Enterprise Florida, Inc.
(3) The board shall meet at least quarterly and at other times upon call of the chair.
(4) A quorum shall be a majority of the total current membership of the board.
(5) A majority of those voting shall be required to organize and conduct the business of the board, except that a majority of the entire board shall be required to adopt or amend the operational plan.
(6) Except as may be delegated or authorized by the board, individual board members shall have no authority to control or direct the operations of the board or the actions of its officers and employees, including the president.
(7) The board of directors may delegate to its president those powers and responsibilities it deems appropriate.
(8) Members of the board shall serve without compensation, but members, the president, and all staff may be reimbursed for all reasonable, necessary, and actual expenses as determined by the board of directors of Enterprise Florida, Inc.
(9) The board of directors may establish an executive committee consisting of the chair and at least two additional board members selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.
History.--s. 36, ch. 93-187; s. 106, ch. 96-320.
288.9613 Powers and authority of the capital development board.--The capital development board shall have all the powers and authority, not explicitly prohibited by statute, necessary or convenient to carry out and effectuate the purposes of this act, as well as the functions, duties, and responsibilities of the board, including, but not limited to, the following:
(1) Advise and assist in the formulation and coordination of the state's economic development policy regarding capital availability for the formation, growth, and development of firms critical to achieve the purposes of the capital board, as stated in this act and consistent with the policies of the board of directors of Enterprise Florida, Inc.
(2) Use a corporate seal.
(3) Advise and assist in developing the state's strategic capital availability development plan and subsequent implementation plans as part of the strategic economic development plan of Enterprise Florida, Inc.
(4) Advise and assist in the state's capital availability development strategic planning process.
(5) Evaluate the performance and effectiveness of Florida's capital availability programs.
(6) Report to the board of directors of Enterprise Florida, Inc., regarding its functions, duties, recommendations, and responsibilities.
(7) Solicit, borrow, accept, receive, and invest funds from any public or private source.
(8) Contract with public and private entities as necessary to further the directives of this act, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.
(9) Carry forward any unexpended state appropriations into succeeding fiscal years.
(10) Provide an annual report by November 1 of each year to the board of directors of Enterprise Florida, Inc.
(11) Annually review and prepare a report showing how and at what level other state governments support the availability of capital for businesses essential to economic growth and development. The board shall recommend appropriate levels of support from Florida state government, the Federal Government, and private enterprise which will cause the access of Florida businesses to capital which is competitive with those of other states. The findings and recommendations of the board shall be submitted to Enterprise Florida, Inc.
History.--s. 37, ch. 93-187; s. 107, ch. 96-320; s. 39, ch. 97-278.
288.9614 Authorized programs.--The capital development board may take any action that it deems necessary to achieve the purposes of this act in partnership with private enterprises, public agencies, and other organizations, including, but not limited to, efforts to address the long-term debt needs of small-sized and medium-sized firms, to address the needs of microenterprises, to expand availability of venture capital, and to increase international trade and export finance opportunities for firms critical to achieving the purposes of this act.
History.--s. 38, ch. 93-187; s. 108, ch. 96-320; s. 41, ch. 97-278.
288.9615 Annual report of capital development board.--By December 1 of each year, Enterprise Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report by the board setting forth:
(1) The audit in s. 288.9616(1), if conducted.
(2) The operations and accomplishments of the board.
(3) The report required in s. 288.9613(11).
(4) A copy of an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant performed in accordance with rules adopted by the Auditor General.
History.--s. 39, ch. 93-187; s. 109, ch. 96-320.
288.9616 Audits; confidentiality.--
(1) The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of the Florida Development Finance Corporation or the capital development board or the programs or entities created by the board. The audit or report may not reveal the identity of any person who has anonymously made a donation to the board pursuant to subsection (2).
(2) The identity of a donor or prospective donor to the board who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.
History.--s. 40, ch. 93-187; s. 236, ch. 95-148; s. 5, ch. 95-369; s. 110, ch. 96-320; s. 149, ch. 96-406.
288.9618 Microenterprises.--
(1) Subject to specific appropriations in the General Appropriations Act, the Office of Tourism, Trade, and Economic Development may contract with the Enterprise Florida Capital Development Board or some other appropriate not-for-profit or governmental organization for any action that the office deems necessary to foster the development of microenterprises in the state. As used within this section, microenterprises are extremely small business enterprises which enable low and moderate income individuals to achieve self-sufficiency through self-employment. Microenterprise programs are those which provide at least one of the following: small amounts of capital, business training, and technical assistance. Where feasible, the office or organizations under contract with the office shall work in cooperation with other organizations active in the study and support of microenterprises. Such actions may include, but are not limited to:
(a) Maintaining a network of communication and coordination among existing microenterprise lending and assistance programs throughout the state.
(b) Providing information and technical help to community-based or regional organizations attempting to establish new microenterprise programs.
(c) Encouraging private sector investment in microenterprises and microenterprise lending programs.
(d) Fostering mentoring and networking relationships among microenterprises and other businesses and public bodies in order to give microenterprises access to management advice and business leads.
(e) Incorporating microenterprise components into the capital development programs and other business development programs operated by Enterprise Florida, Inc., and its affiliates.
(f) Providing organizational, financial, and marketing support for conferences, workshops, or similar events that focus on microenterprise development.
(g) Establishing a program and guidelines for the award of matching grants on a competitive basis to support the operational expenses of not-for-profit organizations and government agencies that are engaged in microenterprise lending and other microenterprise assistance activities.
(h) Coordinating with other organizations to ensure that participants in the WAGES Program are given opportunities to create microenterprises.
(2) The office shall adopt guidelines for administering the program and shall establish criteria for the competitive evaluation of applications for funding. The office shall establish performance measures for this program prior to providing grant moneys to any entity and shall report such measures to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
History.--s. 40, ch. 97-278.
288.9620 Workforce development board.--
(1) The Legislature finds that the growth and competitive strength of Florida's economy depend upon the state's ability to attract and support industries that add to the value of the state's social capital as well as to its economic capital. It is crucial to the retention and growth of these high-value-added industries to assure that skilled human resources are adequate in quality and quantity. The Legislature intends to adopt a uniform policy to guide education, training, and employment programs, so that the combined efforts of all the programs accomplish the following objectives:
(a) Provide for a skilled workforce to enable Florida to compete in a global economy.
(b) Respond to changes in technology and to emerging industries.
(c) Promote the development of market-driven programs through a planning and funding system based upon products of the Occupational Forecasting Conference created in s. 216.136.
(d) Base evaluations of program success on student and participant outcomes rather than processes.
(e) Coordinate state, federal, local, and private funds for maximum impact.
(f) Encourage the participation, education, and training of members of populations selected by state or federal policy to receive additional resources, guidance, or services. The selected populations must include people with disabilities or economic disadvantages, especially those who are participants in the WAGES Program, are eligible for public assistance, or are dislocated workers.
(2) There is created within the nonprofit corporate structure of Enterprise Florida, Inc., a nonprofit public-private board the purpose of which is to create a Florida economy characterized by better employment opportunities leading to higher wages by creating and maintaining a highly skilled workforce that responds to the rapidly changing technology and diversified market opportunities critical to this mission.
(3) The workforce development board shall be governed by a board of directors. The board of directors is to consist of the following members:
(a) The Commissioner of Education.
(b) The secretary of the Department of Elderly Affairs.
(c) The secretary of the 1Department of Health and Rehabilitative Services.
(d) The secretary of the Department of Labor and Employment Security.
(e) The Chancellor of the State University System or the Chancellor's designee.
(f) The executive director of the State Community College System or the executive director's designee.
(g) A member of the Senate, to be appointed by the President of the Senate as an ex officio member of the board and serve at the pleasure of the President.
(h) A member of the House of Representatives, to be appointed by the Speaker of the House of Representatives as an ex officio member of the board and serve at the pleasure of the Speaker.
(i) Eleven to 13 members from the public and private sectors who possess an understanding of the broad spectrum of education, training, and employment needs of the residents of the state, with the majority from the private sector, to be appointed by the Governor, subject to Senate confirmation. These members must represent those industries critical to the state's economic base, as well as that portion of the state's population which has limited employment skills and work experience. The members from the public sector must also include an occupational dean of a community college and a school district vocational director with responsibility for postsecondary programs. The members from the private sector must include a private business representative from a private industry council, a representative of organized labor, and a representative from a licensed, independent postsecondary institution that conducts vocational education and job training programs in the state.
(j) Additional members may be appointed, subject to Senate confirmation, when necessary to conform to the requirements of the Job Training Partnership Act or the requirements of any other federal act establishing or designating a Human Resources Investment Council or other federal workforce development board.
(k) Private sector members appointed by the Governor must be appointed for 4-year, staggered terms. Public sector members appointed by the Governor shall serve at the pleasure of the Governor. After July 1, 1996, public sector members appointed by the Governor must be appointed to 4-year terms.
(4)(a) The chair and vice chair of Enterprise Florida, Inc., shall jointly select a list of nominees for appointment to the board of directors from a slate of candidates submitted by Enterprise Florida, Inc. The chair and vice chair of Enterprise Florida, Inc., may request that additional candidates be submitted by Enterprise Florida, Inc., if the chair and vice chair cannot agree on a list of nominees submitted. Appointments to the board of directors shall be made by the Governor from the list of nominees jointly selected by the chair and vice chair of Enterprise Florida, Inc. Appointees shall represent all geographic regions of the state, including both urban and rural regions. The importance of minority and gender representation shall be considered when making nominations for each position on the board of directors. A vacancy on the board of directors shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(b) The Governor shall appoint the initial members from the public sector and private sector to the board of directors within 30 days after the receipt of the nominations from Enterprise Florida, Inc.
(c) A member may be removed by the Governor for cause. Absence from three consecutive meetings results in automatic removal.
(d) The State Job Training Coordinating Council shall appoint an advisory committee, which must include a member of a private industry council. This committee, the Committee of Practitioners established as required by Pub. L. No. 101-392, and the Quick-Response Advisory Committee, established by s. 288.047, shall provide the board with technical advice, policy consultation, and information about workforce development issues.
(5)(a) The board of directors of the workforce development board shall be chaired by a board member designated by the Governor.
(b) The president of the board shall be hired by the president of Enterprise Florida, Inc., and shall serve in the capacity of an executive director and secretary of the board. The president of Enterprise Florida, Inc., shall hire any additional staff within the parameters established by the board of directors of Enterprise Florida, Inc.
(c) The board shall meet at least quarterly and at other times upon call of its chair.
(d) A majority of the total current membership of the board comprises a quorum of the board.
(e) A majority of those voting is required to organize and conduct the business of the board, except that a majority of the entire board is required to adopt or amend the operational plan.
(f) Except as delegated or authorized by the board, individual board members have no authority to control or direct the operations of the board or the actions of its officers and employees, including the president.
(g) The board of directors may delegate to its president those powers and responsibilities it deems appropriate.
(h) Members of the board shall serve without compensation, but members, the president, and all employees of the board may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.
(i) The board of directors may establish an executive committee consisting of the chair and at least two additional board members selected by the board of directors. The executive committee shall have such authority as the board of directors delegates to it, except that the board may not delegate to the executive committee authority to take action that requires approval by a majority of the entire board of directors.
(6) The workforce development board shall have all the powers and authority, not explicitly prohibited by statute, necessary or convenient to carry out and effectuate the purposes of this section, as well as its functions, duties, and responsibilities, including, but not limited to, the following:
(a) Advising and assisting in the formulation and coordination of the state's economic policy regarding workforce development critical to achieve the purposes of the board, as stated in this section and consistent with the policies of the board of directors of Enterprise Florida, Inc.
(b) Using a corporate seal.
(c) Advising and assisting in developing the state's strategic workforce development plan and subsequent implementation plans as part of the strategic economic development plan of Enterprise Florida, Inc.
(d) Advising and assisting in the state's workforce development strategic planning process.
(e) Evaluating the performance and effectiveness of Florida's workforce development programs.
(f) Reporting to the board of directors of Enterprise Florida, Inc., regarding its recommendations, functions, duties, and responsibilities.
(g) Soliciting, borrowing, accepting, receiving, investing, and expending funds from any public or private source.
(h) Contracting with public and private entities as necessary to further the directives of this section, except that any contract made with an organization represented on the nominating council or on the board of directors must be approved by a two-thirds vote of the entire board of directors, and the board member representing such organization shall abstain from voting. No more than 65 percent of the dollar value of all contracts or other agreements entered into in any fiscal year, exclusive of grant programs, shall be made with an organization represented on the nominating council or the board of directors. An organization represented on the board or on the nominating council may not enter into a contract to receive a state-funded economic development incentive or similar grant, unless such incentive award is specifically endorsed by a two-thirds vote of the entire board. The board member representing such organization, if applicable, shall abstain from voting and refrain from discussing the issue with other members of the board. No more than 50 percent of the dollar value of grants issued by the board in any fiscal year may go to businesses associated with board members.
(i) Approving an annual budget.
(j) Carrying forward any unexpended state appropriations into succeeding fiscal years.
(k) Providing an annual report to the board of directors of Enterprise Florida, Inc., by November 1 of each year which will include a copy of an annual financial and compliance audit of its accounts and records conducted by an independent certified public accountant performed in accordance with rules adopted by the Auditor General.
(7) The board may take any action that it deems necessary to achieve the purposes of this section and consistent with the policies of the board of directors of Enterprise Florida, Inc., in partnership with private enterprises, public agencies, and other organizations. The board shall advise and make recommendations to the board of directors of Enterprise Florida, Inc., and through the board of directors to the State Board of Education and the Legislature concerning action needed to bring about the following benefits to the state's social and economic resources:
(a) A state employment, education, and training policy that ensures that programs to prepare workers are responsive to present and future business and industry needs and complement the initiatives of the boards of Enterprise Florida, Inc.
(b) A funding system that provides incentives to improve the outcomes of vocational education programs and that focuses resources on occupations related to new or emerging industries that add greatly to the value of the state's economy.
(c) A comprehensive approach to the education and training of target populations such as those who have disabilities, are economically disadvantaged, receive public assistance, are not proficient in English, or are dislocated workers. This approach should ensure the effective use of federal, state, local, and private resources in reducing the need for public assistance.
(d) The designation of Institutes of Applied Technology composed of postsecondary institutions working together to ensure that technical and vocational education programs use the most advanced technology and instructional methods available and respond to the changing needs of business and industry.
(e) A system to project and evaluate labor market supply and demand using the results of the Occupational Forecasting Conference created in s. 216.136 and the career education performance standards identified in s. 239.233.
(f) A review of the performance of public programs that are responsible for economic development, education, employment, and training. The review must include an analysis of the return on investment of these programs.
(8) By December 1 of each year, Enterprise Florida, Inc., shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report by the board setting forth:
(a) The audit in subsection (9), if conducted.
(b) The operations and accomplishments of the partnership including the programs or entities listed in subsection (7).
(9) The Auditor General may, pursuant to his or her own authority or at the direction of the Legislative Auditing Committee, conduct an audit of the board or the programs or entities created by the board.
History.--s. 1, ch. 94-232; s. 875, ch. 95-148; s. 112, ch. 96-320; s. 6, ch. 96-404; s. 42, ch. 97-278.
1Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.
Note.--Former s. 288.0475.
DEFENSE CONVERSION AND TRANSITION
288.971 Legislative findings.
288.972 Legislative intent.
288.975 Military base reuse plans.
288.976 Military base closure and reuse.
288.977 Military base disposition.
288.980 Military base retention; legislative intent; grants program.
288.99 Certified Capital Company Act.
288.971 Legislative findings.--The Legislature finds that the Federal Government is in the midst of major post-Cold War reductions in the nation's defense industry with more than 40 percent reductions in defense spending and 30 percent decreases in military personnel by 1997 resulting in many military base closures and the elimination of numerous defense contracts for goods and services. Already, five communities of this state are facing the consequences of base closures and realignments with further actions expected during the next round of federal decisions in 1995. The Legislature also finds that defense programs and activities have been major factors in the state's economic and technological progress, responsible for over $16 billion in direct and indirect spending in the state, 50 percent of high-technology industry job growth in the early 1980's, and 177,000 military and civilian jobs on 15 military installations around the state. The Legislature further finds that the success the state, its communities, and its businesses will have in responding to these dramatic changes will depend on the ability of this state to act in a coordinated, well-planned, and prompt manner in response to defense downsizing impacts and issues.
History.--s. 2, ch. 94-323.
288.972 Legislative intent.--It is the policy of this state, once the Federal Government has proposed any base closure or has determined that military bases, lands, or installations are to be closed and made available for reuse, to:
(1) Cooperate fully with the Federal Government and community base reuse commissions to ensure prompt effective plans for converting available base lands and facilities to uses which further the affected communities' welfare.
(2) Conduct, in cooperation with federal and local government agencies, prompt and comprehensive assessments of the economic development, environmental, wildlife conservation, and growth management implications of base closure and reuse for use in making recommendations on land disposition.
(3) Honor, consistent with the state's responsibility to protect the health, safety, and welfare of its citizens, the affected communities' plans in regard to base reuse.
(4) Offer to affected communities, to the maximum extent feasible, guidance and technical assistance in formulating plans for the beneficial economic development, environmental resource management, and other use of available base lands.
(5) Provide, to the maximum extent feasible, special assistance and outreach, in the form of counseling, training, and placement services, to workers in this state displaced by defense industry reductions, base closure, and realignments.
(6) Expedite, consistent with the state's responsibility to protect the environment, manage growth, and fulfill its proprietary responsibilities, all state permitting, planning, and state lands ownership processes related to the closure and reuse of military base lands and facilities.
(7) Actively encourage the Federal Government to provide adequate funding and expeditious action for military base closing and reuse and to provide, consistent with national security laws and authorities, good access to affected military installations and their personnel for the purpose of fulfilling state agency responsibilities.
(8) Coordinate base retention efforts among communities in this state whose military installations are recommended for closure or realignment.
(9) Coordinate the development of the Defense-Related Business Adjustment Program to increase commercial technology development by defense companies.
(10) Coordinate the development, maintenance, and analysis of a workforce database to assist workers adversely affected by defense-related activities in their relocation efforts.
History.--s. 3, ch. 94-323; s. 2, ch. 96-348.
288.975 Military base reuse plans.--
(1) This section contains optional provisions for military base reuse planning in recognition of the importance of ensuring prompt and effective planning for the conversion of military bases designated for closure by the Federal Government to maximize the welfare of impacted local governments and their constituents. While the reuse of these military bases shall provide substantial economic benefits to their host local governments, reuse activities may also have an adverse impact on the public facilities and services of local governments and impact resources and facilities of regional and statewide significance. The intent of this section is to address this unique relationship by providing for an optional military base reuse planning process that supersedes the provisions of chapter 380 pertaining to developments of regional impact and the requirements of part II of chapter 163, except as provided in this section.
(2) As used in this section, the term:
(a) "Affected local government" means a local government adjoining the host local government and any other unit of local government that is not a host local government but that is identified in a proposed military base reuse plan as providing, operating, or maintaining one or more public facilities as defined in s. 163.3164(24) on lands within or serving a military base designated for closure by the Federal Government.
(b) "Affected person" means a host local government; an affected local government; any state, regional, or federal agency; or a person who resides, owns property, or owns or operates a business within the boundaries of a host local government or affected local government.
(c) "Base reuse activities" means development as defined in s. 380.04 on a military base designated for closure or closed by the Federal Government.
(d) "Host local government" means a local government within the jurisdiction of which all or part of a military base designated for closure by the Federal Government is located. This shall not include a county if no part of a military base is located in its unincorporated area.
(e) "Military base" means a military base designated for closure or closed by the Federal Government.
(f) "Regional policy plan" means a strategic regional policy plan that has been adopted by rule by a regional planning council pursuant to s. 186.508.
(g) "State comprehensive plan" means the plan as provided in chapter 187.
(3) No later than 6 months after the designation of a military base for closure by the Federal Government, each host local government shall notify the secretary of the Department of Community Affairs and the director of the Office of Tourism, Trade, and Economic Development in writing, by hand delivery or return receipt requested, as to whether it intends to use the optional provisions provided in this act. If a host local government does not opt to use the provisions of this act, land use planning and regulation pertaining to base reuse activities within those host local governments shall be subject to all applicable statutory requirements, including those contained within chapters 163 and 380.
(4)(a) Military base reuse plans shall contain the following elements: future land use; intergovernmental coordination; transportation, which shall include roads, public transportation, and ports, aviation, and related facilities; capital improvements; coastal management, where applicable; recreation and open space; housing; conservation; and general infrastructure, which shall include potable water, sanitary sewer, solid waste, aquifer recharge, and stormwater management. Each element of the plan shall contain standards to assure compatibility with and minimize impacts on the surrounding community. Each element shall comply with the nonprocedural requirements for such related elements contained in part II of chapter 163 and rules adopted thereunder. The plan shall address each noncontiguous portion of a base specifically.
(b) Military base reuse plans shall identify the need for and plans for provision of the following facilities and services for at least the next 5 years: roads, parking, public transportation, solid waste, drainage, sanitary sewer, potable water, and recreation and open space.
(c) Military base reuse plans shall identify projected impacts to significant regional resources and natural resources of regional significance as identified by applicable regional planning councils in their regional policy plans and the actions that shall be taken to mitigate such impacts.
(d) Data and analyses on which the plans are based shall include, at a minimum, the characteristics of vacant lands, projected use of vacant lands and redevelopment of developed lands, projected population growth, existing and projected public facilities, and projected impacts of base reuse activities on natural resources and those onsite and offsite public facilities and services listed in paragraph (b).
(e) Military base reuse plans may contain additional elements and provisions at the option of the host local government.
(5) At the discretion of the host local government, the provisions of this act may be complied with through the adoption of the military base reuse plan as a separate component of the local government comprehensive plan or through simultaneous amendments to all pertinent portions of the local government comprehensive plan. Once adopted and approved in accordance with this section, the military base reuse plan shall be considered to be part of the host local government's comprehensive plan and shall be thereafter implemented, amended, and reviewed in accordance with the provisions of part II of chapter 163. Local government comprehensive plan amendments necessary to initially adopt the military base reuse plan shall be exempt from the limitation on the frequency of plan amendments contained in s. 163.3187(2).
(6) In the preparation and review of the military base reuse plans, local governments and regional and state agencies shall make every effort to avoid duplicative reviews and to use information and analyses generated by the federal environmental impact statement process and the federal community base reuse plan process.
(7) A military base reuse plan shall be consistent with the comprehensive plan of the host local government and shall not conflict with the comprehensive plan of any affected local governments. A military base reuse plan shall be consistent with the nonprocedural requirements of part II of chapter 163 and rules adopted thereunder, applicable regional policy plans, and the state comprehensive plan.
(8) At the request of a host local government, the Office of Tourism, Trade, and Economic Development shall coordinate a presubmission workshop concerning a military base reuse plan within the boundaries of the host jurisdiction. Agencies that shall participate in the workshop shall include any affected local governments; the Department of Environmental Protection; the Office of Tourism, Trade, and Economic Development; the Department of Community Affairs; the Department of Transportation; the Department of Health; the Department of Children and Family Services; the Department of Agriculture and Consumer Services; the Department of State; the Game and Fresh Water Fish Commission; and any applicable water management districts and regional planning councils. The purposes of the workshop shall be to assist the host local government to understand issues of concern to the above listed entities pertaining to the military base site and to identify opportunities for better coordination of planning and review efforts with the information and analyses generated by the federal environmental impact statement process and the federal community base reuse planning process.
(9) If a host local government elects to use the optional provisions of this act, it shall, no later than 12 months after notifying the agencies of its intent pursuant to subsection (3) either:
(a) Send a copy of the proposed military base reuse plan for review to any affected local governments; the Department of Environmental Protection; the Office of Tourism, Trade, and Economic Development; the Department of Community Affairs; the Department of Transportation; the Department of Health; the Department of Children and Family Services; the Department of Agriculture and Consumer Services; the Department of State; the Florida Game and Fresh Water Fish Commission; and any applicable water management districts and regional planning councils, or
(b) Petition the secretary of the Department of Community Affairs for an extension of the deadline for submitting a proposed reuse plan. Such an extension request must be justified by changes or delays in the closure process by the federal Department of Defense or for reasons otherwise deemed to promote the orderly and beneficial planning of the subject military base reuse. The secretary of the Department of Community Affairs may grant extensions to the required submission date of the reuse plan.
(10) Within 60 days after receipt of a proposed military base reuse plan, these entities shall review and provide comments to the host local government. The commencement of this review period shall be advertised in newspapers of general circulation within the host local government and any affected local government to allow for public comment. No later than 180 days after receipt and consideration of all comments, and the holding of at least two public hearings, the host local government shall adopt the military base reuse plan. The host local government shall comply with the notice requirements set forth in s. 163.3184(15) to ensure full public participation in this planning process.
(11) Copies of the adopted military base reuse plan shall be forwarded within 10 days after its adoption to any affected local governments and regional and state agencies that submitted comments on the proposed military base reuse plan. In addition, notice shall be published in newspapers of general circulation in the host and any affected local governments. The notice shall state how and where a copy of the plan may be obtained or inspected. Within 45 days after receipt of the adopted military base reuse plan, or 45 days after the publication of the notice of the availability of the adopted plan for review, whichever is later, an affected person who submitted comments on the proposed plan may petition the host local government, challenging the military base reuse plan as not being in compliance with this act or any rule adopted pursuant to this act. The petition shall state each objection, identify its source, and provide a recommended action.
(12) Following receipt of a petition, the petitioning party or parties and the host local government shall seek resolution of the issues in dispute. The issues in dispute shall be resolved as follows:
(a) The petitioning parties and host local government shall have 45 days to resolve the issues in dispute. Other affected parties that submitted comments on the proposed military base reuse plan may be given the opportunity to formally participate in decisions and agreements made in these and subsequent proceedings by mutual consent of the petitioning party and the host local government. A third-party mediator may be used to help resolve the issues in dispute.
(b) If resolution of the dispute cannot be achieved within 45 days, the petitioning parties and host local government may extend such dispute resolution for up to 45 days. If resolution of the dispute cannot be achieved with the above timeframes, the issues in dispute shall be submitted to the state land planning agency. If the issues stem from multiple petitions, the mediation shall be consolidated into a single proceeding. The state land planning agency shall have 45 days to hold informal hearings, if necessary, identify the issues in dispute, prepare a record of the proceedings, and provide recommended solutions to the parties. If the parties fail to implement the recommended solutions within 45 days, the state land planning agency shall submit the matter to the Administration Commission for final action. The report to the Administration Commission shall list each issue in dispute, describe the nature and basis for each dispute, identify the recommended solutions provided to the parties, and make recommendations for actions the Administration Commission should take to resolve the disputed issues.
(c) If the state land planning agency is a party to the dispute, the issues in dispute shall be submitted to a party jointly selected by the state land planning agency and the host local government. The selected party shall comply with the responsibilities placed upon the state land planning agency in this section.
(d) Within 45 days after receiving the report from the state land planning agency, the Administration Commission shall take action to resolve the issues in dispute. In deciding upon a proper resolution, the Administration Commission shall consider the nature of the issues in dispute, any requests for a formal administrative hearing pursuant to chapter 120, the compliance of the parties with this section, the extent of the conflict between the parties, the comparative hardships and the public interest involved. If the Administration Commission incorporates in its final order a term or condition that requires any local government to amend its local government comprehensive plan, the local government shall amend its plan within 60 days after the issuance of the order. Such amendment or amendments shall be exempt from the limitation of the frequency of plan amendments contained in s. 163.3187(2), and a public hearing on such amendment or amendments pursuant to s. 163.3184(15)(b)1. shall not be required. The final order of the Administration Commission is subject to appeal pursuant to s. 120.68. If the order of the Administration Commission is appealed, the time for the local government to amend its plan shall be tolled during the pendency of any local, state, or federal administrative or judicial proceeding relating to the military base reuse plan.
(13) Following adoption of a military base reuse plan and resolution of any petitions filed pertaining to the plan, base reuse activities shall be exempt from all provisions of chapter 380 pertaining to developments of regional impact.
(14) No later than 150 days following adoption of a military base reuse plan and resolution of any petitions filed pertaining to the plan, the host local government shall adopt new land development regulations or amend existing land development regulations as necessary to fully implement the military base reuse plan. With the exception of the 150-day adoption period, the adoption, review and enforcement of land development regulations pursuant to this section shall be governed by the provisions of ss. 163.3201, 163.3202, 163.3213, and 163.3215.
History.--s. 6, ch. 94-323; s. 116, ch. 96-320; s. 5, ch. 96-348; s. 45, ch. 97-100; s. 24, ch. 98-176.
288.976 Military base closure and reuse.--State agencies and departments shall, consistent with their statutory authorities and responsibility:
(1) Consult with the appropriate federal agencies, local governments, and federally recognized community base reuse commissions as early as possible to coordinate information gathering, issue identification, impact assessment, potential land use options, citizen participation, review timelines, and all other aspects of base closure and reuse approvals. Such agencies shall invite federal and local government representatives to attend any agency preapplication conferences related to military base closure or reuse.
(2) Make every effort to avoid duplicate reviews of impacts and, when possible and appropriate, use information analyses, and recommendations generated by the federal environmental impact statement process and the community base reuse plan process in state planning and permitting reviews.
(3) Be authorized to enter into memorandums of agreement with federal agencies in order to facilitate the coordination of reviews.
(4) Designate a person to serve as the agency coordinator for military base closure and reuse matters and notify the Governor in writing of the designation. The Governor shall notify the Office of the Secretary of Defense, the appropriate community base reuse commission chair, and the commanding officer of the affected installation of the appointment.
History.--s. 7, ch. 94-323.
288.977 Military base disposition.--State agencies or departments having an interest in acquiring or otherwise utilizing property on closed or realigned military bases may apply to acquire or use such property either by utilizing the standard state and local government screening process established in Pub. L. No. 101-510, s. 203, or by applying to a federal agency to use the property as a public benefit conveyance. The agency or department seeking to acquire or use property declared as surplus to the Federal Government by the United States Department of Defense shall provide to the Governor and the appropriate local government or federally recognized community base reuse commission, at the time of application to the Federal Government, a detailed description of the location and of the property as well as the agency's proposed or anticipated use of the property.
History.--s. 8, ch. 94-323.
288.980 Military base retention; legislative intent; grants program.--
(1) It is the intent of this state to provide the necessary means to assist communities with military installations that would be adversely affected by federal base realignment or closure actions. It is further the intent to encourage communities to initiate a coordinated program of response and plan of action in advance of future actions of the federal Base Realignment and Closure Commission. It is critical that closure-vulnerable communities develop such a program to preserve affected military installations. The Legislature, therefore, declares that providing such assistance to support the defense-related initiatives within this section is a public purpose for which public money may be used.
(2)(a) The Office of Tourism, Trade, and Economic Development is authorized to award grants from any funds available to it to support activities related to the retention of military installations potentially affected by federal base closure or realignment.
(b) The term "activities" as used in this section means studies, presentations, analyses, plans, and modeling. Travel and costs incidental thereto, and staff salaries, are not considered an "activity" for which grant funds may be awarded.
(c) The amount of any grant provided to an applicant may not exceed $250,000. The Office of Tourism, Trade, and Economic Development shall require that an applicant:
1. Represent a local government with a military installation or military installations that could be adversely affected by federal base realignment or closure.
2. Agree to match at least 50 percent of any grant awarded.
3. Prepare a coordinated program or plan of action delineating how the eligible project will be administered and accomplished.
4. Provide documentation describing the potential for realignment or closure of a military installation located in the applicant's community and the adverse impacts such realignment or closure will have on the applicant's community.
(d) In making grant awards the office shall consider, at a minimum, the following factors:
1. The relative value of the particular military installation in terms of its importance to the local and state economy relative to other military installations vulnerable to closure.
2. The potential job displacement within the local community should the military installation be closed.
3. The potential adverse impact on industries and technologies which service the military installation.
(3) The Florida Economic Reinvestment Initiative is established to respond to the need for this state and defense-dependent communities in this state to develop alternative economic diversification strategies to lessen reliance on national defense dollars in the wake of base closures and reduced federal defense expenditures and the need to formulate specific base reuse plans and identify any specific infrastructure needed to facilitate reuse. The initiative shall consist of the following three distinct grant programs to be administered by the Office of Tourism, Trade, and Economic Development:
(a) The Florida Defense Planning Grant Program, through which funds shall be used to analyze the extent to which the state is dependent on defense dollars and defense infrastructure and prepare alternative economic development strategies. The state shall work in conjunction with defense-dependent communities in developing strategies and approaches that will help communities make the transition from a defense economy to a nondefense economy. Grant awards may not exceed $100,000 per applicant and shall be available on a competitive basis.
(b) The Florida Defense Implementation Grant Program, through which funds shall be made available to defense-dependent communities to implement the diversification strategies developed pursuant to paragraph (a). Eligible applicants include defense-dependent counties and cities, and local economic development councils located within such communities. Grant awards may not exceed $100,000 per applicant and shall be available on a competitive basis. Awards shall be matched on a one-to-one basis.
(c) The Florida Military Installation Reuse Planning and Marketing Grant Program, through which funds shall be used to help counties, cities, and local economic development councils develop and implement plans for the reuse of closed or realigned military installations, including any necessary infrastructure improvements needed to facilitate reuse and related marketing activities. Grant awards are limited to not more than $100,000 per eligible applicant and made available through a competitive process. Awards shall be matched on a one-to-one basis.
Applications for grants under this subsection must include a coordinated program of work or plan of action delineating how the eligible project will be administered and accomplished, which must include a plan for ensuring close cooperation between civilian and military authorities in the conduct of the funded activities and a plan for public involvement.
(4)(a) The Defense-Related Business Adjustment Program is hereby created. The Director of the Office of Tourism, Trade, and Economic Development shall coordinate the development of the Defense-Related Business Adjustment Program. Funds shall be available to assist defense-related companies in the creation of increased commercial technology development through investments in technology. Such technology must have a direct impact on critical state needs for the purpose of generating investment-grade technologies and encouraging the partnership of the private sector and government defense-related business adjustment. The following areas shall receive precedence in consideration for funding commercial technology development: law enforcement or corrections, environmental protection, transportation, education, and health care. Travel and costs incidental thereto, and staff salaries, are not considered an "activity" for which grant funds may be awarded.
(b) The office shall require that an applicant:
1. Be a defense-related business that could be adversely affected by federal base realignment or closure or reduced defense expenditures.
2. Agree to match at least 50 percent of any funds awarded by the department in cash or in-kind services. Such match shall be directly related to activities for which the funds are being sought.
3. Prepare a coordinated program or plan delineating how the funds will be administered.
4. Provide documentation describing how defense-related realignment or closure will adversely impact defense-related companies.
(5) The director may award nonfederal matching funds specifically appropriated for construction, maintenance, and analysis of a Florida defense workforce database. Such funds will be used to create a registry of worker skills that can be used to match the worker needs of companies that are relocating to this state or to assist workers in relocating to other areas within this state where similar or related employment is available.
(6) The Office of Tourism, Trade, and Economic Development shall establish guidelines to implement and carry out the purpose and intent of this section.
History.--s. 9, ch. 94-323; s. 117, ch. 96-320; s. 6, ch. 96-348; s. 25, ch. 98-176.
288.99 Certified Capital Company Act.--
(1) SHORT TITLE.--This section may be cited as the "Certified Capital Company Act."
(2) PURPOSE.--The primary purpose of this act is to stimulate a substantial increase in venture capital investments in this state by providing an incentive for insurance companies to invest in certified capital companies in this state which, in turn, will make investments in new businesses or in expanding businesses. The increase in investment capital flowing into new or expanding businesses is intended to contribute to employment growth, create jobs which exceed the average wage for the county in which the jobs are created, and expand or diversify the economic base of this state.
(3) DEFINITIONS.--As used in this section, the term:
(a) "Affiliate of an insurance company" means:
1. Any person directly or indirectly beneficially owning, whether through rights, options, convertible interests, or otherwise, controlling, or holding power to vote 10 percent or more of the outstanding voting securities or other ownership interests of the insurance company;
2. Any person 10 percent or more of whose outstanding voting securities or other ownership interest is directly or indirectly beneficially owned, whether through rights, options, convertible interests, or otherwise, controlled, or held with power to vote by the insurance company;
3. Any person directly or indirectly controlling, controlled by, or under common control with the insurance company;
4. A partnership in which the insurance company is a general partner; or
5. Any person who is a principal, director, employee, or agent of the insurance company or an immediate family member of the principal, director, employee, or agent.
(b) "Certified capital" means an investment of cash by a certified investor in a certified capital company which fully funds the purchase price of either or both its equity interest in the certified capital company or a qualified debt instrument issued by the certified capital company.
(c) "Certified capital company" means a corporation, partnership, or limited liability company which:
1. Is certified by the department in accordance with this act.
2. Receives investments of certified capital.
3. Makes qualified investments as its primary activity.
(d) "Certified investor" means any insurance company subject to premium tax liability pursuant to s. 624.509 that contributes certified capital.
(e) "Department" means the Department of Banking and Finance.
(f) "Director" means the director of the Office of Tourism, Trade, and Economic Development.
(g) "Early stage technology business" means a qualified business that is involved, at the time of the certified capital company's initial investment in such business, in activities related to developing initial product or service offerings, such as prototype development or the establishment of initial production or service processes. The term includes a qualified business that is less than 2 years old and has, together with its affiliates, less than $3 million in annual revenues for the fiscal year immediately preceding the initial investment by the certified capital company on a consolidated basis, as determined in accordance with generally accepted accounting principles.
(h) "Office" means the Office of Tourism, Trade, and Economic Development.
(i) "Premium tax liability" means any liability incurred by an insurance company under the provisions of s. 624.509.
(j) "Principal" means an executive officer of a corporation, partner of a partnership, manager of a limited liability company, or any other person with equivalent executive functions.
(k) "Qualified business" means a business that meets the following conditions:
1. The business is headquartered in this state and its principal business operations are located in this state.
2. At the time a certified capital company makes an initial investment in a business, the business is a small business concern as defined in 13 C.F.R. s. 121.201, "Size Standards Used to Define Small Business Concerns" of the United States Small Business Administration which is involved in manufacturing, processing or assembling products, conducting research and development, or providing services.
3. At the time a certified capital company makes an initial investment in a business, the business certifies in an affidavit that:
a. The business is unable to obtain conventional financing, which means that the business has failed in an attempt to obtain funding for a loan from a bank or other commercial lender or that the business cannot reasonably be expected to qualify for such financing under the standards of commercial lending;
b. The business plan for the business projects that the business is reasonably expected to achieve in excess of $25 million in sales revenue within 5 years after the initial investment;
c. The business will maintain its headquarters in this state for the next 10 years and any new manufacturing facility financed by a qualified investment will remain in this state for the next 10 years; and
d. The business has fewer than 200 employees and at least 75 percent of the employees are employed in this state.
A business predominantly engaged in retail sales, real estate development, insurance, banking, lending, oil and gas exploration, or engaged in professional services provided by accountants, lawyers, or physicians does not constitute a qualified business.
(l) "Qualified debt instrument" means a debt instrument, or a hybrid of a debt instrument, issued by a certified capital company, at par value or a premium, with an original maturity date of at least 5 years after the date of issuance, a repayment schedule which is no faster than a level principal amortization over a 5-year period, and interest, distribution, or payment features which are not related to the profitability of the certified capital company or the performance of the certified capital company's investment portfolio.
(m) "Qualified distribution" means any distribution or payment to equity holders of a certified capital company for:
1. Costs and expenses of forming, syndicating, managing, and operating the certified capital company, including an annual management fee in an amount that does not exceed 2.5 percent of the certified capital of the certified capital company, plus reasonable and necessary fees in accordance with industry custom for professional services, including, but not limited to, legal and accounting services, related to the operation of the certified capital company.
2. Any projected increase in federal or state taxes, including penalties and interest related to state and federal income taxes, of the equity owners of a certified capital company resulting from the earnings or other tax liability of the certified capital company to the extent that the increase is related to the ownership, management, or operation of a certified capital company.
(n) "Qualified investment" means the investment of cash by a certified capital company in a qualified business for the purchase of any debt, equity, or hybrid security of any nature and description whatsoever, including a debt instrument or security which has the characteristics of debt but which provides for conversion into equity or equity participation instruments such as options or warrants.
(4) CERTIFICATION; GROUNDS FOR DENIAL OR DECERTIFICATION.--
(a) To operate as a certified capital company, a corporation, partnership, or limited liability company must be certified by the department pursuant to this act.
(b) An applicant for certification as a certified capital company must file a verified application with the department on or before December 1, 1998, in a form which the department may prescribe by rule. The applicant shall submit a nonrefundable application fee of $7,500 to the department. The applicant shall provide:
1. The name of the applicant and the address of its principal office and each office in this state.
2. The applicant's form and place of organization and the relevant organizational documents, bylaws, and amendments or restatements of such documents, bylaws, or amendments.
3. Evidence from the Department of State that the applicant is registered with the Department of State as required by law, maintains an active status with the Department of State, and has not been dissolved or had its registration revoked, canceled, or withdrawn.
4. The applicant's proposed method of doing business.
5. The applicant's financial condition and history, including an audit report on the financial statements prepared in accordance with generally accepted accounting principles showing net capital of not less than $500,000 within 90 days after the date the application is submitted to the department. If the date of the application is more than 90 days after preparation of the applicant's fiscal year-end financial statements, the applicant may file financial statements reviewed by an independent certified public accountant for the period subsequent to the audit report, together with the audited financial statement for the most recent fiscal year. If the applicant has been in business less than 12 months, and has not prepared an audited financial statement, the applicant may file a financial statement reviewed by an independent certified public accountant.
(c) On December 31, 1998, the department shall grant or deny certification as a certified capital company. If the department denies certification within the time period specified, the department shall inform the applicant of the grounds for the denial. If the department has not granted or denied certification within the time specified, the application shall be deemed approved. The department shall approve the application if the department finds that:
1. The applicant satisfies the requirements of paragraph (b).
2. No evidence exists that the applicant has committed any act specified in paragraph (d).
3. At least two of the principals have a minimum of 5 years of experience making venture capital investments out of private equity funds, with not less than $20 million being provided by third-party investors for investment in the early stage of operating businesses. At least one full-time manager or principal of the certified capital company who has such experience must be primarily located in an office of the certified capital company which is based in this state.
(d) The department may deny certification or decertify a certified capital company if the grounds for decertification are not removed or corrected within 90 days after the notice of such grounds is received by the certified capital company. The department may deny certification or decertify a certified capital company if the certified capital company fails to maintain a net worth of at least $500,000, or if the department determines that the applicant, or any principal or director of the certified capital company, has:
1. Violated any provision of this section;
2. Made a material misrepresentation or false statement or concealed any essential or material fact from any person during the application process or with respect to information and reports required of certified capital companies under this section;
3. Been convicted of, or entered a plea of guilty or nolo contendere to, a crime against the laws of this state or any other state or of the United States or any other country or government, including a fraudulent act in connection with the operation of a certified capital company, or in connection with the performance of fiduciary duties in another capacity;
4. Been adjudicated liable in a civil action on grounds of fraud, embezzlement, misrepresentation, or deceit; or
5.a. Been the subject of any decision, finding, injunction, suspension, prohibition, revocation, denial, judgment, or administrative order by any court of competent jurisdiction, administrative law judge, or any state or federal agency, national securities, commodities, or option exchange, or national securities, commodities, or option association, involving a material violation of any federal or state securities or commodities law or any rule or regulation adopted under such law, or any rule or regulation of any national securities, commodities, or options exchange, or national securities, commodities, or options association; or
b. Been the subject of any injunction or adverse administrative order by a state or federal agency regulating banking, insurance, finance or small loan companies, real estate, mortgage brokers, or other related or similar industries.
(e) The certified capital company shall file a copy of its certification with the office by January 31, 1999.
(f) Any offering material involving the sale of securities of the certified capital company shall include the following statement: "By authorizing the formation of a certified capital company, the State of Florida does not endorse the quality of management or the potential for earnings of such company and is not liable for damages or losses to a certified investor in the company. Use of the word 'certified' in an offering does not constitute a recommendation or endorsement of the investment by the State of Florida. Investments in a certified capital company prior to the time such company is certified are not eligible for premium tax credits. If applicable provisions of law are violated, the state may require forfeiture of unused premium tax credits and repayment of used premium tax credits by the certified investor."
(g) No insurance company or any affiliate of an insurance company shall, directly or indirectly, manage or control the direction of investments of a certified capital company. This prohibition does not preclude a certified investor, insurance company, or any other party from exercising its legal rights and remedies, which may include interim management of a certified capital company, if a certified capital company is in default of its obligations under law or its contractual obligations to such certified investor, insurance company, or other party.
(h) On or before December 31 of each year, each certified capital company shall pay to the department an annual, nonrefundable renewal certification fee of $5,000. No renewal fees shall be required within 6 months after the date of initial certification.
(i) The department shall administer and provide for the enforcement of certification requirements for certified capital companies as provided in this act. The department may adopt any rules necessary to carry out its duties, obligations, and powers related to certification, renewal of certification, or decertification of certified capital companies and may perform any other acts necessary for the proper administration and enforcement of such duties, obligations, and powers.
(j) Decertification of a certified capital company under this subsection does not affect the ability of certified investors in such certified capital company from claiming future premium tax credits earned as a result of an investment in the certified capital company during the period in which it was duly certified.
(5) INVESTMENTS BY CERTIFIED CAPITAL COMPANIES.--
(a) To remain certified, a certified capital company must make qualified investments according to the following schedule:
1. At least 20 percent of its certified capital must be invested in qualified investments by December 31, 2000.
2. At least 30 percent of its certified capital must be invested in qualified investments by December 31, 2001.
3. At least 40 percent of its certified capital must be invested in qualified investments by December 31, 2002.
4. At least 50 percent of its certified capital must be invested in qualified investments by December 31, 2003. At least 50 percent of such qualified investments must be invested in early stage technology businesses.
(b) All capital not invested in qualified investments by the certified capital company:
1. Must be held in a financial institution as defined by s. 655.005(1)(h) or held by a broker-dealer registered under s. 517.12.
2. Must not be invested in a certified investor of the certified capital company or any affiliate of the certified investor of the certified capital company.
3. Must be invested only in:
a. Any United States Treasury obligations;
b. Certificates of deposit or other obligations, maturing within 3 years after acquisition of such certificates or obligations, issued by any financial institution or trust company incorporated under the laws of the United States;
c. Marketable obligations, maturing within 5 years or less after the acquisition of such obligations, which are rated "A" or better by any nationally recognized credit rating agency;
d. Mortgage-backed securities, with an average life of 5 years or less, after the acquisition of such securities, which are rated "A" or better by any nationally recognized credit rating agency;
e. Collateralized mortgage obligations and real estate mortgage investment conduits that are direct obligations of an agency of the United States Government; are not private-label issues; are in book-entry form; and do not include the classes of interest only, principal only, residual, or zero; or
f. Interests in money market funds, the portfolio of which is limited to cash and obligations described in sub-subparagraphs a.-d.
(c) The aggregate amount of all qualified investments made by the certified capital company from the date of its certification shall be considered in the calculation of the percentage requirements under paragraph (a).
(6) PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--
(a) Any certified investor who makes an investment of certified capital shall earn a vested credit against premium tax liability equal to 100 percent of the certified capital invested by the certified investor. Certified investors shall be entitled to use no more than 10 percentage points of the vested premium tax credit, including any carryforward credits under this act, per year beginning with premium tax filings for calendar year 2000. Any premium tax credits not used by certified investors in any single year may be carried forward and applied against the premium tax liabilities of such investors for subsequent calendar years. The carryforward credit may be applied against subsequent premium tax filings through calendar year 2017.
(b) The credit to be applied against premium tax liability in any single year may not exceed the premium tax liability of the certified investor for that taxable year.
(c) A certified investor claiming a credit against premium tax liability earned through an investment in a certified capital company shall not be required to pay any additional retaliatory tax levied pursuant to s. 624.5091 as a result of claiming such credit. Because credits under this section are available to a certified investor, s. 624.5091 does not limit such credit in any manner.
(7) ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION PROCESS.--
(a) The total amount of tax credits which may be allocated by the office shall not exceed $150 million. The total amount of tax credits which may be used by certified investors under this act shall not exceed $15 million annually.
(b) The office shall be responsible for allocating premium tax credits as provided for in this act to certified capital companies.
(c) Each certified capital company must apply to the office for an allocation of premium tax credits for potential certified investors by March 15, 1999, on a form developed by the office with the cooperation of the Department of Revenue. The form shall be accompanied by an affidavit from each potential certified investor confirming that the potential certified investor has agreed to make an investment of certified capital in a certified capital company up to a specified amount, subject only to the receipt of a premium tax credit allocation pursuant to this subsection. No allocation shall be made to the potential investors of a certified capital company unless such certified capital company has filed premium tax allocation claims that would result in an allocation to the potential investors in such certified capital company of not less than $15 million in the aggregate.
(d) On or before April 1, 1999, the office shall inform each certified capital company of its share of total premium tax credits available for allocation to each of its potential investors.
(e) If a certified capital company does not receive certified capital equaling the amount of premium tax credits allocated to a potential certified investor for which the investor filed a premium tax allocation claim within 10 business days after the investor received a notice of allocation, the certified capital company shall notify the office by overnight common carrier delivery service of the company's failure to receive the capital. That portion of the premium tax credits allocated to the certified capital company shall be forfeited. If the office must make a pro rata allocation under paragraph (f), the office shall reallocate such available credits among the other certified capital companies on the same pro rata basis as the initial allocation.
(f) If the total amount of capital committed by all certified investors to certified capital companies in premium tax allocation claims exceeds the aggregate cap on the amount of credits that may be awarded, the premium tax credits that may be allowed to any one certified investor shall be allocated using the following ratio:
where the letter "A" represents the total amount of certified capital certified investors have agreed to invest in any one certified capital company, the letter "B" represents the aggregate amount of certified capital that all certified investors have agreed to invest in all certified capital companies, the letter "X" is the numerator and represents the total amount of premium tax credits and certified capital that may be allocated to a certified capital company in calendar year 1999, and $150 million is the denominator and represents the total amount of premium tax credits and certified capital that may be allocated to all certified investors in calendar year 1999. Any such premium tax credits are not first available for utilization until annual filings are made in 2001 for calendar year 2000, and the tax credits may be used at a rate not to exceed 10 percent annually.
(g) The maximum amount of certified capital for which premium tax allocation claims may be filed on behalf of any certified investor and its affiliates by one or more certified companies may not exceed $15 million.
(h) To the extent that less than $150 million in certified capital is raised in connection with the procedure set forth in paragraphs (c)-(g), the department may adopt rules to allow a subsequent allocation of the remaining premium tax credits authorized under this section.
(8) ANNUAL TAX CREDIT; CLAIM PROCESS.--
(a) On an annual basis, on or before December 31, each certified capital company shall file with the department and the office, in consultation with the department, on a form prescribed by the office, for each calendar year:
1. The total dollar amount the certified capital company received from certified investors, the identity of the certified investors, and the amount received from each certified investor during the calendar year.
2. The total dollar amount the certified capital company invested and the amount invested in qualified businesses, together with the identity and location of those businesses and the amount invested in each qualified business.
3. For informational purposes only, the total number of permanent, full-time jobs either created or retained by the qualified business during the calendar year, the average wage of the jobs created or retained, the industry sectors in which the qualified businesses operate, and any additional capital invested in qualified businesses from sources other than certified capital companies.
(b) The form shall be verified by one or more principals of the certified capital company submitting the form. Verification shall be accomplished as provided in s. 92.525(1)(b) and subject to the provisions of s. 92.525(3).
(c) The office shall review the form, and any supplemental documentation, submitted by each certified capital company for the purpose of verifying:
1. That the businesses in which certified capital has been invested by the certified capital company are in fact qualified businesses, and that the amount of certified capital invested by the certified capital company is as represented in the form.
2. The amount of certified capital invested in the certified capital company by the certified investors.
3. The amount of premium tax credit available to certified investors.
(d) The Department of Revenue is authorized to audit and examine the accounts, books, or records of certified capital companies and certified investors for the purpose of ascertaining the correctness of any report and financial return which has been filed, and to ascertain a certified capital company's compliance with the tax-related provisions of this act.
(e) This subsection shall take effect January 1, 1999.
(9) REQUIREMENT FOR 100 PERCENT INVESTMENT; STATE PARTICIPATION.--
(a) A certified capital company may make qualified distributions at any time. In order to make a distribution to its equity holders, other than a qualified distribution, a certified capital company must have invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments. Payments to debt holders of a certified capital company, however, may be made without restriction with respect to repayments of principal and interest on indebtedness owed to them by a certified capital company, including indebtedness of the certified capital company on which certified investors earned premium tax credits. A debt holder that is also a certified investor or equity holder of a certified capital company may receive payments with respect to such debt without restrictions.
(b) Cumulative distributions from a certified capital company to its certified investors and equity holders, other than qualified distributions, in excess of the certified capital company's original certified capital and any additional capital contributions to the certified capital company may be audited by a nationally recognized certified public accounting firm acceptable to the department, at the expense of the certified capital company, if the department directs such audit be conducted. The audit shall determine whether aggregate cumulative distributions from the certified capital company to all certified investors and equity holders, other than qualified distributions, have equaled the sum of the certified capital company's original certified capital and any additional capital contributions to the certified capital company. If at the time of any such distribution made by the certified capital company, such distribution taken together with all other such distributions made by the certified capital company, other than qualified distributions, exceeds in the aggregate the sum of the certified capital company's original certified capital and any additional capital contributions to the certified capital company, as determined by the audit, the certified capital company shall pay to the Department of Revenue 10 percent of the portion of such distribution in excess of such amount. Payments to the Department of Revenue by a certified capital company pursuant to this paragraph shall not exceed the aggregate amount of tax credits used by all certified investors in such certified capital company.
(10) DECERTIFICATION.--
(a) The department shall conduct an annual review of each certified capital company to determine if the certified capital company is abiding by the requirements of certification, to advise the certified capital company as to the eligibility status of its qualified investments, and to ensure that no investment has been made in violation of this act. The cost of the annual review shall be paid by each certified capital company.
(b) Nothing contained in this subsection shall be construed to limit the Comptroller's authority to conduct audits of certified capital companies as deemed appropriate and necessary.
(c) Any material violation of this section, or a finding that the certified capital company or any principal or director thereof has committed any act specified in paragraph (4)(d), shall be grounds for decertification of the certified capital company. If the department determines that a certified capital company is no longer in compliance with the certification requirements of this act, the department shall, by written notice, inform the officers of such company that the company may be subject to decertification 90 days after the date of mailing of the notice, unless the deficiencies are corrected and such company is again found to be in compliance with all certification requirements.
(d) At the end of the 90-day grace period, if the certified capital company is still not in compliance with the certification requirements, the department may issue a notice to revoke or suspend the certification or to impose an administrative fine. The department shall advise each respondent of the right to an administrative hearing under chapter 120 prior to final action by the department.
(e) If the department revokes a certification, such revocation shall also deny, suspend, or revoke the certifications of all affiliates of the certified capital company.
(f) Decertification of a certified capital company for failure to meet all requirements for continued certification under paragraph (5)(a) may cause the recapture of premium tax credits previously claimed by such company and the forfeiture of future premium tax credits to be claimed by certified investors with respect to such certified capital company, as follows:
1. Decertification of a certified capital company within 3 years after its certification date shall cause the recapture of all premium tax credits previously claimed by such company and the forfeiture of all future premium tax credits to be claimed by certified investors with respect to such company.
2. When a certified capital company meets all requirements for continued certification under subparagraph (5)(a)1. and subsequently fails to meet the requirements for continued certification under the provisions of subparagraph (5)(a)2., those premium tax credits which have been or will be taken by certified investors within 3 years after the certification date of the certified capital company shall not be subject to recapture or forfeiture; however, all premium tax credits that have been or will be taken by certified investors after the third anniversary of the certification date of the certified capital company shall be subject to recapture or forfeiture.
3. When a certified capital company meets all requirements for continued certification under subparagraphs (5)(a)1. and 2. and subsequently fails to meet the requirements for continued certification under the subparagraph (5)(a)3., those premium tax credits which have been or will be taken by certified investors within 4 years after the certification date of the certified capital company shall not be subject to recapture or forfeiture; however, all premium tax credits that have been or will be taken by certified investors after the fourth anniversary of the certification date of the certified capital company shall be subject to recapture and forfeiture.
4. If a certified capital company has met all requirements for continued certification under paragraph (5)(a), but such company is subsequently decertified, those premium tax credits which have been or will be taken by certified investors within 5 years after the certification date of such company shall not be subject to recapture or forfeiture. Those premium tax credits to be taken subsequent to the 5th year of certification shall be subject to forfeiture only if the certified capital company is decertified within 5 years after its certification date.
5. If a certified capital company has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, all premium tax credits claimed or to be claimed by its certified investors shall not be subject to recapture or forfeiture.
(g) Decertification of a certified capital company pursuant to subsection (4) or this subsection does not affect the ability of certified investors in such certified capital company to continue to claim future premium tax credits earned as an investment in the certified capital company during the period in which it was duly certified.
(h) The office shall send written notice to the address of each certified investor whose premium tax credit has been subject to recapture or forfeiture, using the address last shown on the last premium tax filing.
(i) The certified investor is responsible for returning to the Department of Revenue any forfeited insurance premium tax credits, and such funds shall be paid into the General Revenue Fund of the state.
(j) The certified investor shall file with the Department of Revenue an amended return or such other report as the department may prescribe by regulation and pay any required tax, not later than 60 days after such decertification has been agreed to or finally determined, whichever shall first occur.
(k) A notice of deficiency may be issued:
1. At any time within 5 years after the date such notification is given; or
2. At any time if a certified investor fails to notify the Department of Revenue.
In either case, the amount of any proposed assessment set forth in such notice shall be limited to the amount of any deficiency resulting under this act from the recomputation of the certified investor's insurance premium tax and, if applicable, its retaliatory tax for the taxable year giving effect only to the item or items reflected in the decertification adjustment.
(l) Any certified investor who fails to report and timely pay any tax due as a result of the forfeiture of its insurance premium tax credit is in violation of this subsection and is subject to a penalty of 10 percent of any underpayment or delinquent taxes due and payable.
(m) When any taxpayer fails to pay any amount due as a result of the forfeiture of its insurance premium tax credit as provided for in this subsection, on or before the due date as specified in this subsection, interest shall be due on any insurance premium or retaliatory tax deficiency resulting from such forfeiture, at the rate of 12 percent per year from the due date of such amended return until paid.
(11) TRANSFERABILITY.--The claim of a transferee of a certified investor's unused premium tax credit shall be permitted in the same manner and subject to the same provisions and limitations of this act as the original certified investor. The term "transferee" means any person who:
(a) Through the voluntary sale, assignment, or other transfer of the business or control of the business of the certified investor, including the sale or other transfer of stock or assets by merger, consolidation, or dissolution, succeeds to all or substantially all of the business and property of the certified investor;
(b) Becomes by operation of law or otherwise the parent company of the certified investor; or
(c) Directly or indirectly owns, whether through rights, options, convertible interests, or otherwise, controls, or holds power to vote 10 percent or more of the outstanding voting securities or other ownership interest of the certified investor.
(12) REPORTING REQUIREMENTS.--The office shall report on an annual basis to the Governor, the President of the Senate, and the Speaker of the House of Representatives on or before April 1:
(a) The total dollar amount each certified capital company received from all certified investors and any other investor, the identity of the certified investors, and the total amount of premium tax credit used by each certified investor for the previous calendar year.
(b) The total dollar amount invested by each certified capital company and that portion invested in qualified businesses, the identity and location of those businesses, the amount invested in each qualified business, and the total number of permanent, full-time jobs created or retained by each qualified business.
(c) The return for the state as a result of the certified capital company investments, including the extent to which:
1. Certified capital company investments have contributed to employment growth.
2. The wage level of businesses in which certified capital companies have invested exceed the average wage for the county in which the jobs are located.
3. The investments of the certified capital companies in qualified businesses have contributed to expanding or diversifying the economic base of the state.
(13) FEES.--All fees and charges of any nature collected by the department pursuant to this act shall be paid into the State Treasury and credited to the General Revenue Fund.
(14) RULEMAKING AUTHORITY.--
(a) The Department of Revenue may by rule prescribe forms and procedures for the tax credit filings, audits, and forfeiture of premium tax credits described in this section, and for certified capital company payments under paragraph (9)(b).
(b) The office may adopt any rules necessary to carry out its duties, obligations, and powers related to the administration, review, and reporting provisions of this section and may perform any other acts necessary for the proper administration and enforcement of such duties, obligations, and powers.
History.--s. 2, ch. 98-257.