Florida Senate - 2012 SB 1622 By Senator Ring 32-01005-12 20121622__ 1 A bill to be entitled 2 An act relating to economic development incentives; 3 providing legislative intent regarding the 4 maximization of economic development incentives; 5 requiring the Department of Economic Opportunity to 6 identify and group all statutorily created economic 7 development incentives according to classifications 8 created by the department; requiring the department to 9 develop criteria and procedures by which it will 10 select independent, third-party consultants to review 11 applications for economic development incentive 12 awards; requiring the department to develop criteria 13 for the selection of third-party consultants; 14 requiring the department to make recommendations to 15 the Legislature by a date certain; providing criteria 16 for the recommendations; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. (1) The Legislature intends that economic 21 development incentives be maximized to attract and keep the best 22 businesses and industries in this state while providing the 23 greatest return on its investment. The Legislature finds that in 24 order to meet this goal, proposals for economic development 25 incentives must be given sufficient and thorough scrutiny by 26 economic professionals in order to determine whether they are 27 based on sound business principles and technology, whether 28 stated goals are achievable, and whether the individuals charged 29 with managing a business that receives an incentive are 30 qualified and knowledgeable. In addition, the Legislature finds 31 that the selection process for incentive awards must be fair and 32 transparent. 33 (2) The Department of Economic Opportunity shall review all 34 statutorily created economic development incentives and group 35 them according to classifications reflective of the nature of 36 the incentives. The department shall develop criteria for 37 selecting independent third-party consultants that have 38 expertise in each of the identified classifications. A third 39 party consultant must have sufficient expertise and experience 40 to choose award recipients that can successfully meet the goals 41 identified for each classification, to monitor each award 42 contract to ensure that awarded funds are expended pursuant to 43 the contract, and to make recommendations to the department if 44 an award recipient does not meet the terms of the contract. 45 (3) By January 1, 2013, the department shall make 46 recommendations to the Legislature regarding statutory changes 47 necessary to implement the classification system and review 48 process. The recommendations must: 49 (a) Provide for the transfer of the oversight of economic 50 development incentive award programs from Enterprise Florida, 51 Inc., to the department and for the use of third-party 52 consultants to receive, review, and approve by classification 53 applications for economic development incentives. 54 (b) Provide criteria to classify economic incentives and to 55 ensure that economic development incentives or the awards are 56 not duplicative. 57 (c) Provide criteria and procedures to be used by the 58 department in selecting third-party consultants for each 59 classification. 60 (d) Provide for an oversight board within the department to 61 manage the third-party consultants and oversee the economic 62 development incentives to ensure that incentive awards are not 63 duplicative and meet the objectives of each of the economic 64 development incentives. 65 Section 2. This act shall take effect July 1, 2012.