The Florida Senate

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)1.  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 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 board of directors. An organization represented on the board 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.

2.  A contract that Enterprise Florida, Inc., executes with a person or organization under which such person or organization agrees to perform economic development services or similar business assistance services on behalf of Enterprise Florida, Inc., or on behalf of the state must include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract, coordinate with other components of state and local economic development systems, and avoid duplication of existing state and local services and activities.

(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.

(l)  Create and dissolve advisory committees, working groups, task forces, or similar organizations, as necessary to carry out the mission of Enterprise Florida, Inc. By August 1, 1999, Enterprise Florida, Inc., shall establish an advisory committee on international business issues, and an advisory committee on small business issues. These committees shall be comprised of individuals representing the private sector and the public sector with expertise in the respective subject areas. The purpose of the committees shall be to guide and advise Enterprise Florida, Inc., on the development and implementation of policies, strategies, programs, and activities affecting international business and small business. The advisory committee on international business and the advisory committee on small business shall meet at the call of the chairperson or vice chairperson of the board of directors of Enterprise Florida, Inc., but shall meet at least quarterly. Meetings of the advisory committee on international business and the advisory committee on small business may be held telephonically; however, meetings of the committees that are held in person shall be rotated at different locations around the state to ensure participation of local and regional economic development practitioners and other members of the public. Members of advisory committees, working groups, task forces, or similar organizations created by Enterprise Florida, Inc., shall serve without compensation, but may be reimbursed for reasonable, necessary, and actual expenses, as determined by the board of directors of Enterprise Florida, Inc.

(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; s. 31, ch. 99-251; s. 81, ch. 2000-165.