(1) CREATION.—(a) 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 is not a unit or entity of state government.
(b) The Legislature determines it is in the public interest and reflects the state’s public policy that Enterprise Florida, Inc., operate in the most open and accessible manner consistent with its public purposes. To this end, the Legislature specifically declares that Enterprise Florida, Inc., and its divisions, boards, and advisory councils, or similar entities created or managed by Enterprise Florida, Inc., are subject to the provisions of chapter 119 relating to public records and those provisions of chapter 286 relating to public meetings and records.
(c) The Legislature determines that it is in the public interest for the members of Enterprise Florida, Inc., board of directors to be subject to the requirements of ss. 112.3135, 112.3143, and 112.313, excluding s. 112.313(2), notwithstanding the fact that the board members are not public officers or employees. For purposes of those sections, the board members shall be considered to be public officers or employees. The exemption set forth in s. 112.313(12) for advisory boards applies to the members of Enterprise Florida, Inc., board of directors. Further, each member of the board of directors who is not otherwise required to file financial disclosures 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. (2) PURPOSES.—Enterprise Florida, Inc., shall act as the economic development organization for the state, utilizing private sector and public sector expertise in collaboration with the department to:(a) Increase private investment in Florida;
(b) Advance international and domestic trade opportunities;
(c) Market the state both as a probusiness location for new investment and as an unparalleled tourist destination;
(d) Revitalize Florida’s space and aerospace industries, and promote emerging complementary industries;
(e) Promote opportunities for minority-owned businesses;
(f) Assist and market professional and amateur sport teams and sporting events in Florida; and
(g) Assist, promote, and enhance economic opportunities in this state’s rural and urban communities.
(3) PERFORMANCE.—Enterprise Florida, Inc., shall enter into a performance-based contract with the department, pursuant to s. 20.60, which includes annual measurements of the performance of Enterprise Florida, Inc. (4) GOVERNANCE.—Enterprise Florida, Inc., shall be governed by a board of directors. The Governor shall serve as chairperson of the board. The board of directors shall biennially elect one of its members as vice chairperson.
(5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—(a) In addition to the Governor or the Governor’s designee, the board of directors shall consist of the following appointed members:1. The Commissioner of Education or the commissioner’s designee.
2. The Chief Financial Officer or his or her designee.
3. The chairperson of the board of directors of Workforce Florida, Inc.
4. The Secretary of State or the secretary’s designee.
5. 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.
(b) In making their appointments, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall ensure that the composition of the board of directors reflects the diversity of Florida’s business community and is representative of the economic development goals in subsection (2). The board must include at least one director for each of the following areas of expertise: international business, tourism marketing, the space or aerospace industry, managing or financing a minority-owned business, manufacturing, finance and accounting, and sports marketing.
(c) The Governor, the President of the Senate, and the Speaker of the House of Representatives also shall consider appointees who reflect Florida’s racial, ethnic, and gender diversity. Efforts shall be taken to ensure participation from all geographic areas of the state, including representation from urban and rural communities.
(d) Appointed members shall be appointed to 4-year terms, except that initially, to provide for staggered terms, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member to serve a 2-year term and one member to serve a 3-year term, with the remaining initial appointees serving 4-year terms. All subsequent appointments shall be for 4-year terms.
(e) Initial appointments must be made by October 1, 2011, and be eligible for confirmation at the earliest available Senate session. Terms end on September 30.
(f) Any member is eligible for reappointment, except that a member may not serve more than two terms.
(g) A vacancy on the board of directors shall be filled for the remainder of the unexpired term. Vacancies on the board shall be filled by appointment 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.
(h) Appointed 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.
(6) AT-LARGE MEMBERS OF THE BOARD OF DIRECTORS.—The board of directors may by resolution appoint at-large members to the board from the private sector, each of whom may serve a term of up to 3 years. At-large members shall have the powers and duties of other members of the board. 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 (5). At-large members may annually provide contributions to Enterprise Florida, Inc., in an amount determined by the board of directors. The contributions must be used to defray the operating expenses of Enterprise Florida, Inc., and help meet the required private match to the state’s annual appropriation.
(7) EX OFFICIO BOARD MEMBERS.—In addition to the members specified in subsections (5) and (6), the board of directors shall consist of the following ex officio members:(a) A member of the Senate, who shall be appointed by the President of the Senate 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 and serve at the pleasure of the Speaker.
(8) MEETING.—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 current voting members 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.
(9) SERVICE.—Members of the board of directors shall serve without compensation, but members may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors.
(10) PROHIBITION.—Enterprise Florida, Inc., may not endorse any candidate for any elected public office or contribute moneys to the campaign of any such candidate.
1Note.—Section 7, ch. 2011-142, provides that:“(1) The nonprofit corporations established in ss. 288.1229 and 288.707, Florida Statutes, are merged into and transferred to Enterprise Florida, Inc.
“(2) The Florida Sports Foundation Incorporated and the Florida Black Business Investment Board, Inc., must enter into a plan to merge into Enterprise Florida, Inc. Such merger must be completed by December 31, 2011. The merger is subject to chapter 617, Florida Statutes, related to the merger of nonprofit corporations.
“(3) The nonprofit corporation established in s. 288.1226, Florida Statutes, shall be the direct-support organization for Enterprise Florida, Inc. The Florida Tourism Industry Marketing Corporation and Enterprise Florida, Inc., must establish a plan to transfer the contractual relationship with the Florida Commission on Tourism to Enterprise Florida, Inc., by December 31, 2011.
“(4) It is the intent of the Legislature that the changes made by this act be accomplished with minimal disruption of services provided to the public and with minimal disruption to employees of any organization. To that end, the Legislature directs that notwithstanding the changes made by this act, the Florida Sports Foundation Incorporated, and the Florida Black Business Investment Board, Inc., may continue with such powers, duties, functions, records, offices, personnel, property, pending issues, and existing contracts as provided in Florida Statutes 2010 until December 31, 2011. The Legislature believes that a transition period between the effective date of this act and December 31, 2011, is appropriate and warranted.
“(5) The Governor shall designate a transition coordinator to serve as the Governor’s primary representative on matters related to implementing this act for the merger of the Florida Sports Foundation Incorporated and the Florida Black Business Investment Board, Inc., into, Enterprise Florida, Inc., the transition of the direct-support activities of the Florida Tourism Industry Marketing Corporation for the benefit of Enterprise Florida, Inc., and the transition plans required under this section. The Governor’s transition coordinator shall submit a progress report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the implementation of this act and the transition plans, including, but not limited to, any adverse impact or negative consequences on programs and services, of meeting any deadline imposed by this act, and any difficulties experienced by the entities. The transition coordinator shall also coordinate the submission of any budget amendments, pursuant to chapter 216, Florida Statutes, which may be necessary to implement this act.
“(6) Any funds held in trust which were donated to or earned by the Florida Sports Foundation Incorporated and the Florida Black Business Investment Board, Inc., while previously organized as a corporation under chapter 617, Florida Statutes, shall be transferred to Enterprise Florida, Inc., to be used by the relevant division for the original purposes of the funds.
“(7) Upon the recommendation and guidance of the Florida Sports Foundation Incorporated, the Florida Tourism Industry Marketing Corporation, the Florida Black Business Investment Board, Inc., or Space Florida, the Governor shall submit in a timely manner to the applicable Federal departments or agencies any necessary amendments or supplemental information concerning plans which the state or one of the entities is required to submit to the Federal Government in connection with any federal or state program. The Governor shall seek any waivers from the requirements of Federal law or rules which may be necessary to administer the provisions of this act.
“(8) The transfer of any program, activity, duty, or function under this act includes the transfer of any records and unexpended balances of appropriations, allocations, or other funds related to such program, activity, duty, or function. Except as otherwise provided by law, Enterprise Florida, Inc., shall become the custodian of any property of the Florida Sports Foundation, Inc., and the Florida Black Business Investment Board, Inc., on the date specified in the plan of merger or December 31, 2011, whichever occurs first.
“(9) The Department of Management Services may establish a lease agreement program under which Enterprise Florida, Inc., may hire any individual who was employed by the Florida Black Business Investment Board, Inc., under a previous lease agreement under s. 288.708(2), Florida Statutes 2010. 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 and shall continue until the employee voluntarily or involuntarily terminates his or her status with Enterprise Florida, Inc. The Department of Management Services shall establish the terms and conditions of such lease agreements.”
