Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
Barcode 613042
CHAMBER ACTION
Senate House
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11 The Committee on Commerce and Consumer Services (King)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 288.041, Florida Statutes, is
19 amended to read:
20 288.041 Solar energy industry; legislative findings
21 and policy; promotional activities.--
22 (1) It is hereby found and declared that:
23 (a) The solar energy industry in this state has been a
24 leader in the nation in the manufacture, supply, and delivery
25 of solar energy systems.
26 (b) The use of solar energy in this state has been
27 demonstrated to save conventional energy sources.
28 (c) The solar energy industry offers the prospect for
29 improved economic welfare of this state through creation of
30 jobs, increased energy security, and enhancing the quality of
31 the environment of this state.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
Barcode 613042
1 (d) Through helping to provide for a clean environment
2 and healthy economy, the solar energy industry contributes to
3 the continued growth and development of the tourist industry
4 of this state.
5 (2) It is the policy of this state to promote,
6 stimulate, develop, and advance the growth of the solar energy
7 industry in this state.
8 (3) Enterprise Florida, Inc., and its boards shall
9 assist in the expansion of the solar energy industry in this
10 state. Such efforts shall be undertaken in cooperation with
11 the Department of Environmental Protection, the Florida Solar
12 Energy Center, and the Florida Solar Energy Industries
13 Association, and shall include:
14 (a) Providing assistance and support to new and
15 existing photovoltaic companies, with special emphasis on
16 attracting one or more manufacturers of photovoltaic products
17 to locate within this state.
18 (b) Sponsoring initiatives which aid and take full
19 advantage of the export market potential of solar
20 technologies.
21 (c) Informing the business sector of this state about
22 opportunities for cost-effective commercial applications of
23 solar technologies.
24 (d) Encouraging employment of residents of this state
25 by solar energy companies.
26 (e) Retaining existing solar energy companies and
27 supporting their expansion efforts in this state.
28 (f) Supporting the promotion of solar energy by
29 sponsoring workshops, seminars, conferences, and educational
30 programs on the benefits of solar energy.
31 (g) Recognizing outstanding developments and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
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1 achievements in, and contributions to, the solar energy
2 industry.
3 (h) Collecting and disseminating solar energy
4 information relevant to the promotion of solar energy
5 applications.
6 (i) Enlisting the support of persons, civic groups,
7 the solar energy industry, and other organizations to promote
8 and improve solar energy products and services.
9 (4) The department shall also promote projects that
10 demonstrate viable applications of solar technology which may
11 include, but shall not be limited to: irrigation and stock
12 watering, process heat for dairy and citrus operations,
13 aquaculture, hydroponics, horticulture, waste detoxification,
14 and other means of meeting the energy needs of the
15 agricultural industry.
16 (3)(5) By January 15 of each year, the Department of
17 Environmental Protection shall report to the Governor, the
18 President of the Senate, and the Speaker of the House of
19 Representatives on the impact of the solar energy industry on
20 the economy of this state and shall make any recommendations
21 on initiatives to further promote the solar energy industry as
22 the department deems appropriate.
23 Section 2. Paragraph (c) of subsection (3) of section
24 288.095, Florida Statutes, is amended to read:
25 288.095 Economic Development Trust Fund.--
26 (3)
27 (c) By December 31 of each year, Enterprise Florida,
28 Inc., shall submit a complete and detailed report to the
29 Governor, the President of the Senate, the Speaker of the
30 House of Representatives, and the director of the Office of
31 Tourism, Trade, and Economic Development of all applications
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
Barcode 613042
1 received, recommendations made to the Office of Tourism,
2 Trade, and Economic Development, final decisions issued, tax
3 refund agreements executed, and tax refunds paid or other
4 payments made under all programs funded out of the Economic
5 Development Incentives Account, including analyses of benefits
6 and costs, types of projects supported, and employment and
7 investment created. Enterprise Florida, Inc., shall also
8 include a separate analysis of the impact of such tax refunds
9 on state enterprise zones designated pursuant to s. 290.0065,
10 rural communities, brownfield areas, and distressed urban
11 communities. The report must discuss whether the authority and
12 moneys appropriated by the Legislature to the Economic
13 Development Incentives Account were managed and expended in a
14 prudent, fiducially sound manner. The Office of Tourism,
15 Trade, and Economic Development shall assist Enterprise
16 Florida, Inc., in the collection of data related to business
17 performance and incentive payments.
18 Section 3. Section 288.8155, Florida Statutes, is
19 repealed.
20 Section 4. Subsections (7), (8), and (11) of section
21 288.901, Florida Statutes, are amended to read:
22 288.901 Enterprise Florida, Inc.; creation;
23 membership; organization; meetings; disclosure.--
24 (7) The Governor shall serve as chairperson of the
25 board of directors. The board of directors shall biennially
26 elect one of its appointive members as vice chairperson. The
27 president shall keep a record of the proceedings of the board
28 of directors and is the custodian of all books, documents, and
29 papers filed with the board of directors, the minutes of the
30 board of directors, and the official seal of Enterprise
31 Florida, Inc.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
Barcode 613042
1 (8) The board of directors shall meet at least four
2 times each year, upon the call of the chairperson, at the
3 request of the vice chairperson, or at the request of a
4 majority of the membership. A majority of the total number of
5 current voting all directors fixed by subsection (3) shall
6 constitute a quorum. The board of directors may take official
7 action by a majority vote of the members present at any
8 meeting at which a quorum is present.
9 (11) Notwithstanding the provisions of subsection (3),
10 the board of directors may by resolution appoint at-large
11 members to the board from the private sector, each of whom may
12 serve a 1-year term of up to 3 years. At-large members shall
13 have the powers and duties of other members of the board,
14 except that they may not serve on an executive committee. An
15 at-large member is eligible for reappointment but may not vote
16 on his or her own reappointment. An at-large member shall be
17 eligible to fill vacancies occurring among private-sector
18 appointees under subsection (3).
19 Section 5. Section 288.9015, Florida Statutes, is
20 amended to read:
21 288.9015 Enterprise Florida, Inc.; purpose; duties.--
22 (1) Enterprise Florida, Inc., is the principal
23 economic development organization for the state. It shall be
24 the responsibility of Enterprise Florida, Inc., to provide
25 leadership for business development in Florida by aggressively
26 establishing a unified approach to Florida's efforts of
27 international trade and reverse investment; by aggressively
28 marketing the state as a probusiness location for potential
29 new investment; and by aggressively assisting in the retention
30 and expansion of existing businesses and the creation of new
31 businesses. In support of this effort, Enterprise Florida,
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 Inc., may develop and implement specific programs or
2 strategies that address the creation, expansion, and retention
3 of Florida business; the development of import and export
4 trade; and the recruitment of worldwide business.
5 (2) It shall be the responsibility of Enterprise
6 Florida, Inc., to aggressively market Florida's rural
7 communities, distressed urban communities, and enterprise
8 zones as locations for potential new investment, to
9 aggressively assist in the retention and expansion of existing
10 businesses in these communities, and to aggressively assist
11 these communities in the identification and development of new
12 economic development opportunities for job creation, fully
13 marketing state incentive programs such as the Qualified
14 Target Industry Tax Refund Program under s. 288.106 and the
15 Quick Action Closing Fund under s. 288.1088 in economically
16 distressed areas.
17 (3) It shall be the responsibility of Enterprise
18 Florida, Inc., through the Workforce Development Board, to
19 develop a comprehensive approach to workforce development that
20 will result in better employment opportunities for the
21 residents of this state. Such comprehensive approach must
22 include:
23 (a) Creating and maintaining a highly skilled
24 workforce that is capable of responding to rapidly changing
25 technology and diversified market opportunities.
26 (b) Training, educating, and assisting target
27 populations, such as those who are economically disadvantaged
28 or who participate in the WAGES Program or otherwise receive
29 public assistance to become independent, self-reliant, and
30 self-sufficient. This approach must ensure the effective use
31 of federal, state, local, and private resources in reducing
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 the need for public assistance.
2 (3)(4) It shall be the responsibility of Enterprise
3 Florida, Inc., to assess, on an ongoing basis, Florida's
4 economic development competitiveness as measured against other
5 business locations, to identify and regularly reevaluate
6 Florida's economic development strengths and weaknesses, and
7 to incorporate such information into the strategic planning
8 process under s. 288.904.
9 (4)(5) Enterprise Florida, Inc., shall incorporate the
10 needs of small and minority businesses into the
11 economic-development, international-trade and
12 reverse-investment, and workforce-development responsibilities
13 assigned to the organization by this section. Where
14 practicable and consistent with the expertise of the Black
15 Business Investment Board, Inc., Enterprise Florida, Inc.,
16 shall contract with the corporation for the delivery of
17 services in fulfillment of the responsibilities of Enterprise
18 Florida, Inc., relating to small and minority businesses.
19 (5)(6) Enterprise Florida, Inc., shall not endorse any
20 candidate for any elected public office, nor shall it
21 contribute moneys to the campaign of any such candidate.
22 (6)(7) As part of its business development and
23 marketing responsibilities, Enterprise Florida, Inc., shall
24 prepare a business guide and checklist that contains basic
25 information on the federal, state, and local requirements for
26 starting and operating a business in this state. The guide and
27 checklist must describe how additional information can be
28 obtained on any such requirements and shall include, to the
29 extent feasible, the names, addresses, and telephone numbers
30 of appropriate government agency representatives. The guide
31 and checklist must also contain information useful to persons
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1154
Barcode 613042
1 who may be starting a business for the first time, including,
2 but not limited to, information on business structure,
3 financing, and planning.
4 Section 6. Section 288.90151, Florida Statutes, is
5 amended to read:
6 288.90151 Return on investment from activities of
7 Enterprise Florida, Inc.--
8 (1) The public funds appropriated each year for the
9 operation of Enterprise Florida, Inc., are invested in this
10 public-private partnership to enhance international trade and
11 economic development, to spur job-creating investments, and to
12 create new employment opportunities for Floridians, and to
13 prepare Floridians for those jobs. This policy will be the
14 Legislature's priority consideration when reviewing the
15 return-on-investment for Enterprise Florida, Inc.
16 (2) It is also the intent of the Legislature that
17 Enterprise Florida, Inc., coordinate its operations with local
18 economic-development organizations to maximize the state and
19 local return-on-investment to create jobs for Floridians.
20 (3) It is further the intent of the Legislature to
21 maximize private-sector support in operating Enterprise
22 Florida, Inc., as an endorsement of its value and as an
23 enhancement of its efforts.
24 (4)(a) The state's operating investment in Enterprise
25 Florida, Inc., is the budget contracted by the Office of
26 Tourism, Trade, and Economic Development to Enterprise
27 Florida, Inc., less funding that is directed by the
28 Legislature to be subcontracted to a specific recipient.
29 (b) The board of directors of Enterprise Florida,
30 Inc., shall adopt for each upcoming fiscal year an operating
31 budget for the organization that specifies the intended uses
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 of the state's operating investment and a plan for securing
2 private-sector support to Enterprise Florida, Inc. Each fiscal
3 year private-sector support to Enterprise Florida, Inc., shall
4 equal no less than 100 percent of the state's operating
5 investment, including at least $1 million in cash as defined
6 in paragraph (5)(a), and an additional $400,000 in cash as
7 defined in paragraphs (5)(a), (b), and (c).
8 (5) Private-sector support in operating Enterprise
9 Florida, Inc., includes:
10 (a) Cash given directly to Enterprise Florida, Inc.,
11 for its operations, excluding contributions from grantees or
12 companies having contracts with Enterprise Florida, Inc.,
13 which represent more than 5 percent of the value of all
14 contracts with Enterprise Florida, Inc., exclusive of grants,
15 or more than 5 percent of the company's revenues. Cash in this
16 category is not subject to restrictions on the use of
17 appropriated funds operating budget;
18 (b) Cash jointly raised by Enterprise Florida, Inc.,
19 and a local economic development organization, a group of such
20 organizations, or a statewide business organization that
21 supports collaborative projects;
22 (c) Cash generated by fees charged for products or
23 services of Enterprise Florida, Inc., and by sponsorship of
24 events, missions, programs, and publications; and
25 (d) In-kind contributions directly to Enterprise
26 Florida, Inc., including: business expenditures; business
27 services provided; business support; or other business
28 contributions that augment the operations, program,
29 activities, or assets of Enterprise Florida, Inc., including,
30 but not limited to: an individual's time and expertise;
31 sponsored publications; private-sector staff services; payment
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 for advertising placements; sponsorship of events; sponsored
2 or joint research; discounts on leases or purchases; mission
3 or program sponsorship; and copayments, stock, warrants,
4 royalties, or other private resources dedicated to Enterprise
5 Florida, Inc.
6 (6) Enterprise Florida, Inc., shall fully comply with
7 the performance measures, standards, and sanctions in its
8 contracts with the Office of Tourism, Trade, and Economic
9 Development under s. 14.2015(2)(h) and (7). The Office of
10 Tourism, Trade, and Economic Development shall ensure, to the
11 maximum extent possible, that the contract performance
12 measures are consistent with performance measures that the
13 office is required to develop and track under
14 performance-based program budgeting.
15 (7) As part of the annual report required under s.
16 288.906, Enterprise Florida, Inc., shall provide the
17 Legislature with information quantifying the public's
18 return-on-investment as described in this section for fiscal
19 year 1997-1998 and each subsequent fiscal year. The annual
20 report shall also include the results of a
21 customer-satisfaction survey of businesses served, as well as
22 the lead economic development staff person of each
23 organization that is a primary partner local economic
24 development organization that employs a full-time or part-time
25 staff person.
26 (8) Enterprise Florida, Inc., in consultation with the
27 Office of Program Policy Analysis and Government
28 Accountability, shall hire an economic-analysis a private
29 accounting firm to develop the methodology for establishing
30 and reporting return-on-investment and in-kind contributions
31 as described in this section and shall hire a firm experienced
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Florida Senate - 2005 COMMITTEE AMENDMENT
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Barcode 613042
1 in survey research to develop, analyze, and report on the
2 results of the customer-satisfaction survey. The Office of
3 Program Policy Analysis and Government Accountability shall
4 review and offer feedback on the methodology before it is
5 implemented. The private accounting firm shall certify whether
6 the applicable statements in the annual report comply with
7 this subsection.
8 Section 7. Paragraph (b) of subsection (1) of section
9 288.904, Florida Statutes, is amended to read:
10 288.904 Powers of the board of directors of Enterprise
11 Florida, Inc.--
12 (1) The board of directors of Enterprise Florida,
13 Inc., shall have the power to:
14 (b)1. Make and enter into contracts and other
15 instruments necessary or convenient for the exercise of its
16 powers and functions, except that any contract made with an
17 organization represented on the board of directors which
18 exceeds $100,000, must be approved by a two-thirds vote of the
19 entire board members in attendance at a meeting where a quorum
20 is present of directors, and the board member representing
21 such organization shall abstain from voting. No more than 65
22 percent of the dollar value of all contracts or other
23 agreements entered into in any fiscal year, exclusive of grant
24 programs, shall be made with an organization represented on
25 the board of directors. This section does not apply to a
26 contract awarded by another entity to an organization
27 represented on the board of directors or to a contract in
28 which Enterprise Florida, Inc., is the recipient of funds from
29 an organization represented on the board of directors. An
30 organization represented on the board may not enter into a
31 contract to receive a state-funded economic development
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 incentive or similar grant, unless such incentive award is
2 specifically endorsed by a two-thirds vote of the entire
3 board. The board member representing such organization, if
4 applicable, shall abstain from voting and refrain from
5 discussing the issue with other members of the board. No more
6 than 50 percent of the dollar value of grants issued by the
7 board in any fiscal year may go to businesses associated with
8 board members.
9 2. A contract that Enterprise Florida, Inc., executes
10 with a person or organization under which such person or
11 organization agrees to perform economic development services
12 or similar business assistance services on behalf of
13 Enterprise Florida, Inc., or on behalf of the state must
14 include provisions requiring that such person or organization
15 report on performance, account for proper use of funds
16 provided under the contract, coordinate with other components
17 of state and local economic development systems, and avoid
18 duplication of existing state and local services and
19 activities.
20 Section 8. This act shall take effect upon becoming a
21 law.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
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28 and insert:
29 A bill to be entitled
30 An act relating to Enterprise Florida, Inc.;
31 amending s. 288.041, F.S.; deleting the
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Florida Senate - 2005 COMMITTEE AMENDMENT
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1 requirement that Enterprise Florida, Inc.,
2 assist in the expansion of the solar energy
3 industry and solar technology; amending s.
4 288.095, F.S.; deleting obsolete provisions;
5 repealing s. 288.8155, F.S., relating to the
6 International Trade Data Resource and Research
7 Center; amending s. 288.901, F.S.; revising the
8 membership, organization, and meetings of the
9 board of directors of Enterprise Florida, Inc.;
10 amending s. 288.9015, F.S.; deleting obsolete
11 provisions regarding the Workforce Development
12 Board of Enterprise Florida, Inc.; amending s.
13 288.90151, F.S.; deleting obsolete provisions;
14 specifying moneys and contributions that may be
15 considered as private-sector support to
16 Enterprise Florida, Inc.; requiring that the
17 annual report include a study; clarifying the
18 term "economic development organization";
19 requiring Enterprise Florida, Inc. to hire
20 certain firms to develop certain survey
21 reporting; deleting a requirement that the
22 annual report be certified; amending s.
23 288.904, F.S.; revising the power of the board
24 to make and enter into contracts; providing
25 that certain limitations do not apply to
26 contracts awarded by another entity; providing
27 an effective date.
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