Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1154
                        Barcode 613042
                            CHAMBER ACTION
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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
16  
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 2 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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 3 10:51 AM 03/28/05 s1154d-cm08-t07
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. 4 10:51 AM 03/28/05 s1154d-cm08-t07
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, 5 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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 6 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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 7 10:51 AM 03/28/05 s1154d-cm08-t07
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 8 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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 9 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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 10 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 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 11 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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. 22 23 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 27 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 12 10:51 AM 03/28/05 s1154d-cm08-t07
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1154 Barcode 613042 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. 28 29 30 31 13 10:51 AM 03/28/05 s1154d-cm08-t07