HB 931

1	A bill to be entitled
2	An act relating to Enterprise Florida, Inc.; amending s.
3	288.041, F.S.; deleting the requirement that Enterprise
4	Florida, Inc., assist in the expansion of the solar energy
5	industry in this state; deleting a requirement that the
6	Department of Environmental Protection promote certain
7	solar technology projects; amending s. 288.095, F.S.;
8	deleting obsolete provisions; repealing s. 288.8155, F.S.,
9	relating to the International Trade Data Resource and
10	Research Center; amending s. 288.901, F.S.; revising the
11	membership, organization, and meetings of the board of
12	directors of Enterprise Florida, Inc.; amending s.
13	288.9015, F.S.; deleting obsolete provisions regarding the
14	Workforce Development Board of Enterprise Florida, Inc.;
15	amending s. 288.90151, F.S.; deleting obsolete provisions;
16	specifying moneys and contributions that may be considered
17	as private-sector support to Enterprise Florida, Inc.;
18	clarifying the term "economic development organization";
19	requiring Enterprise Florida, Inc. to hire certain firms
20	to develop certain survey reporting; deleting a
21	requirement that the annual report be certified; amending
22	s. 288.904, F.S.; revising the power of the board to make
23	and enter into contracts; providing that certain
24	limitations do not apply to contracts awarded by another
25	entity; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 288.041, Florida Statutes, is amended
30	to read:
31	288.041  Solar energy industry; legislative findings and
32	policy; promotional activities.--
33	(1)  It is hereby found and declared that:
34	(a)  The solar energy industry in this state has been a
35	leader in the nation in the manufacture, supply, and delivery of
36	solar energy systems.
37	(b)  The use of solar energy in this state has been
38	demonstrated to save conventional energy sources.
39	(c)  The solar energy industry offers the prospect for
40	improved economic welfare of this state through creation of
41	jobs, increased energy security, and enhancing the quality of
42	the environment of this state.
43	(d)  Through helping to provide for a clean environment and
44	healthy economy, the solar energy industry contributes to the
45	continued growth and development of the tourist industry of this
46	state.
47	(2)  It is the policy of this state to promote, stimulate,
48	develop, and advance the growth of the solar energy industry in
49	this state.
50	(3)  Enterprise Florida, Inc., and its boards shall assist
51	in the expansion of the solar energy industry in this state.
52	Such efforts shall be undertaken in cooperation with the
53	Department of Environmental Protection, the Florida Solar Energy
54	Center, and the Florida Solar Energy Industries Association, and
55	shall include:
56	(a)  Providing assistance and support to new and existing
57	photovoltaic companies, with special emphasis on attracting one
58	or more manufacturers of photovoltaic products to locate within
59	this state.
60	(b)  Sponsoring initiatives which aid and take full
61	advantage of the export market potential of solar technologies.
62	(c)  Informing the business sector of this state about
63	opportunities for cost-effective commercial applications of
64	solar technologies.
65	(d)  Encouraging employment of residents of this state by
66	solar energy companies.
67	(e)  Retaining existing solar energy companies and
68	supporting their expansion efforts in this state.
69	(f)  Supporting the promotion of solar energy by sponsoring
70	workshops, seminars, conferences, and educational programs on
71	the benefits of solar energy.
72	(g)  Recognizing outstanding developments and achievements
73	in, and contributions to, the solar energy industry.
74	(h)  Collecting and disseminating solar energy information
75	relevant to the promotion of solar energy applications.
76	(i)  Enlisting the support of persons, civic groups, the
77	solar energy industry, and other organizations to promote and
78	improve solar energy products and services.
79	(4)  The department shall also promote projects that
80	demonstrate viable applications of solar technology which may
81	include, but shall not be limited to: irrigation and stock
82	watering, process heat for dairy and citrus operations,
83	aquaculture, hydroponics, horticulture, waste detoxification,
84	and other means of meeting the energy needs of the agricultural
85	industry.
86	(3)(5)  By January 15 of each year, the Department of
87	Environmental Protection shall report to the Governor, the
88	President of the Senate, and the Speaker of the House of
89	Representatives on the impact of the solar energy industry on
90	the economy of this state and shall make any recommendations on
91	initiatives to further promote the solar energy industry as the
92	department deems appropriate.
93	Section 2.  Paragraph (c) of subsection (3) of section
94	288.095, Florida Statutes, is amended to read:
95	288.095  Economic Development Trust Fund.--
96	(3)
97	(c)  By December 31 of each year, Enterprise Florida, Inc.,
98	shall submit a complete and detailed report to the Governor, the
99	President of the Senate, the Speaker of the House of
100	Representatives, and the director of the Office of Tourism,
101	Trade, and Economic Development of all applications received,
102	recommendations made to the Office of Tourism, Trade, and
103	Economic Development, final decisions issued, tax refund
104	agreements executed, and tax refunds paid or other payments made
105	under all programs funded out of the Economic Development
106	Incentives Account, including analyses of benefits and costs,
107	types of projects supported, and employment and investment
108	created. Enterprise Florida, Inc., shall also include a separate
109	analysis of the impact of such tax refunds on state enterprise
110	zones designated pursuant to s. 290.0065, rural communities,
111	brownfield areas, and distressed urban communities. The report
112	must discuss whether the authority and moneys appropriated by
113	the Legislature to the Economic Development Incentives Account
114	were managed and expended in a prudent, fiducially sound manner.
115	The Office of Tourism, Trade, and Economic Development shall
116	assist Enterprise Florida, Inc., in the collection of data
117	related to business performance and incentive payments.
118	Section 3.  Section 288.8155, Florida Statutes, is
119	repealed.
120	Section 4.  Subsections (7), (8), and (11) of section
121	288.901, Florida Statutes, are amended to read:
122	288.901  Enterprise Florida, Inc.; creation; membership;
123	organization; meetings; disclosure.--
124	(7)  The Governor shall serve as chairperson of the board
125	of directors. The board of directors shall biennially elect one
126	of its appointive members as vice chairperson. The president
127	shall keep a record of the proceedings of the board of directors
128	and is the custodian of all books, documents, and papers filed
129	with the board of directors, the minutes of the board of
130	directors, and the official seal of Enterprise Florida, Inc.
131	(8)  The board of directors shall meet at least four times
132	each year, upon the call of the chairperson, at the request of
133	the vice chairperson, or at the request of a majority of the
134	membership. A majority of the total number of current voting all
135	directors fixed by subsection (3) shall constitute a quorum. The
136	board of directors may take official action by a majority vote
137	of the members present at any meeting at which a quorum is
138	present.
139	(11)  Notwithstanding the provisions of subsection (3), the
140	board of directors may by resolution appoint at-large members to
141	the board from the private sector, each of whom may serve a 1-
142	year term of up to 3 years. At-large members shall have the
143	powers and duties of other members of the board, except that
144	they may not serve on an executive committee. An at-large member
145	is eligible for reappointment but may not vote on his or her own
146	reappointment. An at-large member shall be eligible to fill
147	vacancies occurring among private-sector appointees under
148	subsection (3).
149	Section 5.  Section 288.9015, Florida Statutes, is amended
150	to read:
151	288.9015  Enterprise Florida, Inc.; purpose; duties.--
152	(1)  Enterprise Florida, Inc., is the principal economic
153	development organization for the state. It shall be the
154	responsibility of Enterprise Florida, Inc., to provide
155	leadership for business development in Florida by aggressively
156	establishing a unified approach to Florida's efforts of
157	international trade and reverse investment; by aggressively
158	marketing the state as a probusiness location for potential new
159	investment; and by aggressively assisting in the retention and
160	expansion of existing businesses and the creation of new
161	businesses. In support of this effort, Enterprise Florida, Inc.,
162	may develop and implement specific programs or strategies that
163	address the creation, expansion, and retention of Florida
164	business; the development of import and export trade; and the
165	recruitment of worldwide business.
166	(2)  It shall be the responsibility of Enterprise Florida,
167	Inc., to aggressively market Florida's rural communities,
168	distressed urban communities, and enterprise zones as locations
169	for potential new investment, to aggressively assist in the
170	retention and expansion of existing businesses in these
171	communities, and to aggressively assist these communities in the
172	identification and development of new economic development
173	opportunities for job creation, fully marketing state incentive
174	programs such as the Qualified Target Industry Tax Refund
175	Program under s. 288.106 and the Quick Action Closing Fund under
176	s. 288.1088 in economically distressed areas.
177	(3)  It shall be the responsibility of Enterprise Florida,
178	Inc., through the Workforce Development Board, to develop a
179	comprehensive approach to workforce development that will result
180	in better employment opportunities for the residents of this
181	state. Such comprehensive approach must include:
182	(a)  Creating and maintaining a highly skilled workforce
183	that is capable of responding to rapidly changing technology and
184	diversified market opportunities.
185	(b)  Training, educating, and assisting target populations,
186	such as those who are economically disadvantaged or who
187	participate in the WAGES Program or otherwise receive public
188	assistance to become independent, self-reliant, and self-
189	sufficient. This approach must ensure the effective use of
190	federal, state, local, and private resources in reducing the
191	need for public assistance.
192	(3)(4)  It shall be the responsibility of Enterprise
193	Florida, Inc., to assess, on an ongoing basis, Florida's
194	economic development competitiveness as measured against other
195	business locations, to identify and regularly reevaluate
196	Florida's economic development strengths and weaknesses, and to
197	incorporate such information into the strategic planning process
198	under s. 288.904.
199	(4)(5)  Enterprise Florida, Inc., shall incorporate the
200	needs of small and minority businesses into the economic-
201	development, international-trade and reverse-investment, and
202	workforce-development responsibilities assigned to the
203	organization by this section. Where practicable and consistent
204	with the expertise of the Black Business Investment Board, Inc.,
205	Enterprise Florida, Inc., shall contract with the corporation
206	for the delivery of services in fulfillment of the
207	responsibilities of Enterprise Florida, Inc., relating to small
208	and minority businesses.
209	(5)(6)  Enterprise Florida, Inc., shall not endorse any
210	candidate for any elected public office, nor shall it contribute
211	moneys to the campaign of any such candidate.
212	(6)(7)  As part of its business development and marketing
213	responsibilities, Enterprise Florida, Inc., shall prepare a
214	business guide and checklist that contains basic information on
215	the federal, state, and local requirements for starting and
216	operating a business in this state. The guide and checklist must
217	describe how additional information can be obtained on any such
218	requirements and shall include, to the extent feasible, the
219	names, addresses, and telephone numbers of appropriate
220	government agency representatives. The guide and checklist must
221	also contain information useful to persons who may be starting a
222	business for the first time, including, but not limited to,
223	information on business structure, financing, and planning.
224	Section 6.  Subsections (1), (5), (7), and (8) of section
225	288.90151, Florida Statutes, are amended to read:
226	288.90151  Return on investment from activities of
227	Enterprise Florida, Inc.--
228	(1)  The public funds appropriated each year for the
229	operation of Enterprise Florida, Inc., are invested in this
230	public-private partnership to enhance international trade and
231	economic development, to spur job-creating investments, and to
232	create new employment opportunities for Floridians, and to
233	prepare Floridians for those jobs. This policy will be the
234	Legislature's priority consideration when reviewing the return-
235	on-investment for Enterprise Florida, Inc.
236	(5)  Private-sector support in operating Enterprise
237	Florida, Inc., includes:
238	(a)  Cash given directly to Enterprise Florida, Inc., for
239	its operations, excluding contributions from grantees or
240	companies having contracts with Enterprise Florida, Inc., which
241	represent more than 5 percent of the value of all contracts with
242	Enterprise Florida, Inc., exclusive of grants, or more than 5
243	percent of the company's revenues. Cash in this category is not
244	subject to restrictions on the use of appropriated funds.
245	operating budget;
246	(b)  Cash jointly raised by Enterprise Florida, Inc., and a
247	local economic development organization, a group of such
248	organizations, or a statewide business organization that
249	supports collaborative projects.;
250	(c)  Cash generated by fees charged for products or
251	services of Enterprise Florida, Inc., and by sponsorship of
252	events, missions, programs, and publications.; and
253	(d)  In-kind contributions directly to Enterprise Florida,
254	Inc., including: business expenditures; business services
255	provided; business support; or other business contributions that
256	augment the operations, program, activities, or assets of
257	Enterprise Florida, Inc., including, but not limited to: an
258	individual's time and expertise; sponsored publications;
259	private-sector staff services; payment for advertising
260	placements; sponsorship of events; sponsored or joint research;
261	discounts on leases or purchases; mission or program
262	sponsorship; and copayments, stock, warrants, royalties, or
263	other private resources dedicated to Enterprise Florida, Inc.
264	(7)  As part of the annual report required under s.
265	288.906, Enterprise Florida, Inc., shall provide the Legislature
266	with information quantifying the public's return-on-investment
267	as described in this section for fiscal year 1997-1998 and each
268	subsequent fiscal year. The annual report shall also include the
269	results of a customer-satisfaction survey of businesses served,
270	as well as the lead economic development staff person of each
271	organization that is a primary partner local economic
272	development organization that employs a full-time or part-time
273	staff person.
274	(8)  Enterprise Florida, Inc., in consultation with the
275	Office of Program Policy Analysis and Government Accountability,
276	shall hire an economic-analysis a private accounting firm to
277	develop the methodology for establishing and reporting return-
278	on-investment and a firm experienced in survey research in-kind
279	contributions as described in this section and to develop,
280	analyze, and report on the results of the customer-satisfaction
281	survey. The Office of Program Policy Analysis and Government
282	Accountability shall review and offer feedback on the
283	methodology before it is implemented. The private accounting
284	firm shall certify whether the applicable statements in the
285	annual report comply with this subsection.
286	Section 7.  Paragraph (b) of subsection (1) of section
287	288.904, Florida Statutes, is amended to read:
288	288.904  Powers of the board of directors of Enterprise
289	Florida, Inc.--
290	(1)  The board of directors of Enterprise Florida, Inc.,
291	shall have the power to:
292	(b)1.  Make and enter into contracts and other instruments
293	necessary or convenient for the exercise of its powers and
294	functions, except that any contract made with an organization
295	represented on the board of directors which exceeds $100,000
296	must be approved by a two-thirds vote of the entire board
297	members in attendance at a meeting where a quorum is present of
298	directors, and the board member representing such organization
299	shall abstain from voting. No more than 65 percent of the dollar
300	value of all contracts or other agreements entered into in any
301	fiscal year, exclusive of grant programs, shall be made with an
302	organization represented on the board of directors. This section
303	does not apply to a contract awarded by another entity to an
304	organization represented on the board of directors or to a
305	contract in which Enterprise Florida, Inc., is the recipient of
306	funds from an organization represented on the board of
307	directors. An organization represented on the board may not
308	enter into a contract to receive a state-funded economic
309	development incentive or similar grant, unless such incentive
310	award is specifically endorsed by a two-thirds vote of the
311	entire board. The board member representing such organization,
312	if applicable, shall abstain from voting and refrain from
313	discussing the issue with other members of the board. No more
314	than 50 percent of the dollar value of grants issued by the
315	board in any fiscal year may go to businesses associated with
316	board members.
317	2.  A contract that Enterprise Florida, Inc., executes with
318	a person or organization under which such person or organization
319	agrees to perform economic development services or similar
320	business assistance services on behalf of Enterprise Florida,
321	Inc., or on behalf of the state must include provisions
322	requiring that such person or organization report on
323	performance, account for proper use of funds provided under the
324	contract, coordinate with other components of state and local
325	economic development systems, and avoid duplication of existing
326	state and local services and activities.
327	Section 8.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.