Senate Bill sb2428

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    Florida Senate - 2002                                  SB 2428

    By Senator Holzendorf





    2-1364-02

  1                      A bill to be entitled

  2         An act relating to economically distressed

  3         communities; amending s. 288.901, F.S.;

  4         expanding the membership of the board of

  5         directors of Enterprise Florida, Inc., to

  6         include certain economic development or

  7         community development representatives; amending

  8         s. 288.9015, F.S.; revising duties of

  9         Enterprise Florida, Inc., relating to economic

10         development in certain communities; providing

11         legislative findings and intent regarding

12         economically distressed communities;

13         prescribing duties and activities of Enterprise

14         Florida, Inc., relating to economically

15         distressed communities; requiring information

16         on such duties and activities to be included in

17         the annual report of Enterprise Florida, Inc.;

18         providing an effective date.

19

20         WHEREAS, there are many economically distressed

21  communities in the state which have not experienced the

22  economic prosperity enjoyed by other communities in the state,

23  and

24         WHEREAS, the state has created a number of programs,

25  designations, and initiatives designed to improve conditions

26  in economically distressed communities, and

27         WHEREAS, these programs, designations, and initiatives

28  tend to operate in isolation and cannot alone effect

29  substantial improvement in all economically distressed

30  communities, and

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  1         WHEREAS, businesses that are expanding or relocating

  2  would be more willing to invest in economically distressed

  3  communities were they aware of the opportunities and

  4  advantages available in such areas, and

  5         WHEREAS, Enterprise Florida, Inc., as the principal

  6  economic development organization for the state, is in regular

  7  contact with existing, expanding, and relocating businesses

  8  and is in a unique position to provide such businesses with

  9  information concerning available sites and investment

10  incentives in the state, and

11         WHEREAS, Enterprise Florida, Inc., is in a unique

12  position to market economically distressed communities to

13  expanding and relocating businesses and to help coordinate the

14  various programs, designations, and initiatives designed to

15  encourage greater business investment in such communities, and

16         WHEREAS, in a December 2001 review of Enterprise

17  Florida, Inc., the Office of Program Policy Analysis and

18  Government Accountability found that, although Enterprise

19  Florida, Inc., has implemented some strategies to assist

20  economic-development efforts in the state's urban and rural

21  distressed areas, many of the jobs Enterprise Florida, Inc.,

22  claims that it helped to create and retain in urban distressed

23  areas may not have resulted from its specific strategies and

24  activities targeted to these areas, and

25         WHEREAS, the Office of Program Policy Analysis and

26  Government Accountability also found that Enterprise Florida,

27  Inc., is not providing certain types of services needed by

28  some rural economic-development organizations, NOW, THEREFORE,

29

30  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Paragraphs (i) and (j) are added to

  2  subsection (3) of section 288.901, Florida Statutes, to read:

  3         288.901  Enterprise Florida, Inc.; creation;

  4  membership; organization; meetings; disclosure.--

  5         (3)  Enterprise Florida, Inc., shall be governed by a

  6  board of directors.  The board of directors shall consist of

  7  the following members:

  8         (i)  A representative of a local or regional

  9  economic-development organization or community-development

10  organization serving a large urban area that contains multiple

11  economically distressed communities or neighborhoods. The

12  representative must have experience in working to improve

13  economic conditions in these communities or neighborhoods. 

14         (j)  A representative of a local or regional

15  economic-development organization or community-development

16  organization serving a rural area that contains multiple

17  economically distressed communities or neighborhoods. The

18  representative must have experience in working to improve

19  economic conditions in these communities or neighborhoods.

20         Section 2.  Subsection (2) of section 288.9015, Florida

21  Statutes, is amended to read:

22         288.9015  Enterprise Florida, Inc.; purpose; duties.--

23         (2)  It shall be the responsibility of Enterprise

24  Florida, Inc., to aggressively market Florida's rural

25  communities, economically distressed urban communities, and

26  enterprise zones as locations for potential new investment, to

27  aggressively assist in the retention and expansion of existing

28  businesses in these communities, and to aggressively assist

29  these communities in the identification and development of new

30  economic development opportunities for job creation, fully

31  marketing and facilitating use of state incentive programs

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  1  such as the Qualified Target Industry Tax Refund Program under

  2  s. 288.106, and the Quick Action Closing Fund under s.

  3  288.1088, high-impact performance grants under s. 288.108, and

  4  contracts for transportation projects under s. 288.063 in

  5  economically distressed areas.

  6         Section 3.  Duties of Enterprise Florida, Inc.;

  7  economically distressed communities.--

  8         (1)  The Legislature finds that achieving meaningful

  9  economic development in the most economically distressed

10  communities in the state requires a concerted effort by state

11  and local economic-development organizations, including the

12  dedication of substantial human and financial resources by

13  such organizations. The Legislature further finds that,

14  although it is important for Enterprise Florida, Inc., to

15  incorporate the needs of economically distressed communities

16  into all of its programs and activities, it is also critical

17  that Enterprise Florida, Inc., focus special attention on such

18  communities. It is, therefore, the intent of the Legislature

19  that Enterprise Florida, Inc., develop and implement a

20  comprehensive program of activities designed specifically to

21  facilitate economic development in economically distressed

22  communities.

23         (2)  Enterprise Florida, Inc., shall establish a

24  programmatic unit within the organization which is dedicated

25  specifically to facilitating business formation and business

26  expansion in, as well as business relocation to, economically

27  distressed communities. One of the principal outcomes of the

28  programmatic unit should be improved economic conditions in

29  those communities in the state which have traditionally

30  experienced less economic-development activity than the

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  1  communities in the state which are experiencing the most

  2  economic development activity.

  3         (3)  In determining whether a community is appropriate

  4  for assistance under this section, Enterprise Florida, Inc.,

  5  shall develop and consider criteria that include, without

  6  limitation, whether:

  7         (a)  The state has made few or no state

  8  economic-development incentive awards to businesses or

  9  economic-development projects located in the community.

10         (b)  The number of new jobs created in the community

11  lags significantly behind the number of new jobs created in

12  communities in the state which are experiencing the most

13  growth and economic activity.

14         (c)  The community has a large number of abandoned

15  business properties.

16         (d)  The community has a high rate of unemployment or

17  underemployment compared to the state average.

18         (e)  The community is not currently part of a specific

19  geographic area targeted for economic revitalization under a

20  state or federal program, such as the enterprise zone program,

21  or, if it is part of such an area, whether it has not

22  experienced marked economic revitalization in the time since

23  it was designated under the program.

24         (4)  As part of its duties under this section,

25  Enterprise Florida, Inc., shall:

26         (a)  Establish at least seven regions around the state,

27  consistent with the strategic plan developed under section

28  288.905, Florida Statutes, and assign one new or existing

29  staff member from the organization per region to serve as a

30  representative to the region for the specific purpose of

31  coordinating activities of Enterprise Florida, Inc., designed

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  1  to facilitate economic development in economically distressed

  2  communities within that region.

  3         1.  Each regional representative shall coordinate with

  4  economic-development organizations and community-development

  5  organizations serving the economically distressed communities

  6  in the region, as well as with state agencies that have

  7  programs of potential benefit to such communities.

  8         2.  Each regional representative shall regularly

  9  coordinate with the business-development representatives of

10  Enterprise Florida, Inc., to ensure that prospective new,

11  expanding, or relocating businesses are provided information

12  concerning potential sites within the economically distressed

13  communities in the region.

14         3.  Each regional representative shall serve as a point

15  of contact for existing businesses in the economically

16  distressed communities in the region which are seeking

17  assistance to sustain or expand business operations.

18         4.  Enterprise Florida, Inc., shall market the

19  existence and services of the regional representatives to

20  local governments, businesses, economic-development

21  organizations, and community-development organizations within

22  the regions. At a minimum, Enterprise Florida, Inc., shall

23  ensure that contact information for the representatives is

24  available on the website for the organization and in pertinent

25  marketing materials for the organization.

26         5.  As part of the annual report submitted prior to

27  December 1, 2002, under section 288.906, Florida Statutes,

28  Enterprise Florida, Inc., shall include recommendations

29  concerning whether the organization should expand the use of

30  regional representatives beyond service to economically

31  distressed communities. This report shall consider whether the

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  1  organization should use regional representatives to conduct a

  2  wide variety of business-development activities throughout the

  3  region in order to enhance the organization's service to

  4  businesses, economic-development organizations, and other

  5  customers and to improve the organization's understanding of

  6  the needs of the various regions in the state. If Enterprise

  7  Florida, Inc., recommends greater use of regional

  8  representatives, it shall include in the report information

  9  concerning budget changes it considers necessary to implement

10  that recommendation.

11         (b)  Work with economic-development organizations and

12  community-development organizations to identify properties in

13  the economically distressed community which are suitable for

14  use by expanding or relocating businesses.

15         (c)  Market properties identified under paragraph (b)

16  to relocating or expanding businesses.

17         (d)  Work with Workforce Florida, Inc., and the Agency

18  for Workforce Innovation to assess and enhance the workforce

19  skills of individuals residing in the economically distressed

20  community, in order to make the community more marketable to

21  expanding or relocating businesses.

22         (e)  Market and use, as fully as practicable, general

23  economic-development incentives in economically distressed

24  communities, such as the tax refund program for qualified

25  target industry businesses under section 288.106, Florida

26  Statutes; high-impact performance grants under section

27  288.108, Florida Statutes; the Quick Action Closing Fund under

28  section 288.1088, Florida Statutes; and contracts for

29  transportation projects under section 288.063, Florida

30  Statutes. Enterprise Florida, Inc., also shall market and use,

31  as fully as practicable, economic-development incentives that

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  1  are specifically targeted toward economically distressed

  2  communities, such as the Urban High-Crime Area Job Tax Credit

  3  Program under section 212.097, Florida Statutes, and the Rural

  4  Job Tax Credit Program under section 212.098, Florida

  5  Statutes.

  6         (f)  Recommend to the Legislature revisions to existing

  7  economic-development incentives to promote greater use of such

  8  incentives in economically distressed communities or the

  9  creation of new economic-development incentives tailored to

10  such communities.

11         (g)  Develop, in consultation with the Office of

12  Program Policy Analysis and Government Accountability,

13  measures to assess the performance of Enterprise Florida,

14  Inc., under this section and to assess changes in the level of

15  economic investment in economically distressed communities.

16         (h)  Include, as part of the annual report submitted

17  under section 288.906, Florida Statutes, a report of the

18  organization's activities and performance under this section.

19  The report must include the most recent performance data

20  available for the measures developed under paragraph (g).

21         (5)  In carrying out the provisions of this section,

22  Enterprise Florida, Inc., shall consult and coordinate with

23  other agencies and organizations engaged in activities related

24  to economically distressed communities, including, without

25  limitation:

26         (a)  The Department of Community Affairs;

27         (b)  The Office of Tourism, Trade, and Economic

28  Development;

29         (c)  The Office of Urban Opportunity;

30         (d)  The Black Business Investment Board;

31         (e)  Workforce Florida, Inc.;

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  1         (f)  The Rural Economic Development Initiative; and

  2         (g)  Small Business Development Centers.

  3         (6)  Working with such organizations, Enterprise

  4  Florida, Inc., shall maximize opportunities to combine and

  5  leverage economic-development programs, designations, and

  6  initiatives in order to secure job-creating projects for

  7  economically distressed communities. Enterprise Florida, Inc.,

  8  also shall maximize opportunities to reduce any administrative

  9  burdens on businesses or communities relating to the services

10  provided under this section.

11         (7)  This section does not relieve Enterprise Florida,

12  Inc., of its duties under section 288.9015, Florida Statutes,

13  relating to rural communities, economically distressed urban

14  communities, enterprise zones, or other economically

15  distressed communities.

16         Section 4.  This act shall take effect July 1, 2002.

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19                          SENATE SUMMARY

20    Revises provisions relating to Enterprise Florida, Inc.,
      and its role in working with economically distressed
21    communities. (See bill for details.)

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