1(1) 2CREATION.3-4(a) 5There is created a nonprofit corporation, to be known as “Enterprise Florida, Inc.,” which shall be registered, incorporated, organized, and operated in compliance with chapter 617, and which is not a unit or entity of state government.
43(b) 44The Legislature determines it is in the public interest and reflects the state’s public policy that Enterprise Florida, Inc., operate in the most open and accessible manner consistent with its public purposes. To this end, the Legislature specifically declares that Enterprise Florida, Inc., and its divisions, boards, and advisory councils, or similar entities created or managed by Enterprise Florida, Inc., are subject to the provisions of chapter 119 relating to public records and those provisions of chapter 286 relating to public meetings and records.
128(c) 129The president, senior managers, and members of the board of directors of Enterprise Florida, Inc., are subject to ss. 148112.313(1)149-(8), (10), (12), and (15); 154112.3135; 155and 156112.3143(2)157. For purposes of applying ss. 163112.313(1)164-(8), (10), (12), and (15); 169112.3135; 170and 171112.3143(2) 172to activities of the president, senior managers, and members of the board of directors, those persons shall be considered public officers or employees and the corporation shall be considered their agency. The exemption set forth in s. 209112.313(12) 210for advisory boards applies to the members of Enterprise Florida, Inc., board of directors. Further, each member of the board of directors who is not otherwise required to file financial disclosures pursuant to s. 8, Art. II of the State Constitution or s. 253112.3144, 254shall file disclosure of financial interests pursuant to s. 263112.3145264. 265(2) 266PURPOSES.267-268Enterprise Florida, Inc., shall act as the economic development organization for the state, utilizing private sector and public sector expertise in collaboration with the department to:294(a) 295Increase private investment in Florida;
300(b) 301Advance international and domestic trade opportunities;
307(c) 308Market the state both as a probusiness location for new investment and as an unparalleled tourist destination;
325(d) 326Revitalize Florida’s space and aerospace industries, and promote emerging complementary industries;
337(e) 338Promote opportunities for minority-owned businesses;
343(f) 344Assist and market professional and amateur sport teams and sporting events in Florida; and
358(g) 359Assist, promote, and enhance economic opportunities in this state’s rural and urban communities.
372(3) 373PERFORMANCE.374-375Enterprise Florida, Inc., shall enter into a performance-based contract with the department, pursuant to s. 39020.60, 391which includes annual measurements of the performance of Enterprise Florida, Inc. 402(4) 403GOVERNANCE.404-405Enterprise Florida, Inc., shall be governed by a board of directors. The Governor shall serve as chairperson of the board. The board of directors shall biennially elect one of its members as vice chairperson.
439(5) 440APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.447-448(a) 449In addition to the Governor or his or her designee, the board of directors shall consist of the following appointed members:4701. 471The Commissioner of Education or his or her designee.
4802. 481The Chief Financial Officer or his or her designee.
4903. 491The Attorney General or his or her designee.
4994. 500The Commissioner of Agriculture or his or her designee.
5095. 510The chairperson of the state board as defined in s. 520445.002521. 5226. 523The Secretary of State or his or her designee.
5327. 533Twelve members from the private sector, six of whom shall be appointed by the Governor, three of whom shall be appointed by the President of the Senate, and three of whom shall be appointed by the Speaker of the House of Representatives. Members appointed by the Governor are subject to Senate confirmation.
585(b) 586In making their appointments, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall ensure that the composition of the board of directors reflects the diversity of Florida’s business community and is representative of the economic development goals in subsection (2). The board must include at least one director for each of the following areas of expertise: international business, tourism marketing, the space or aerospace industry, managing or financing a minority-owned business, manufacturing, finance and accounting, and sports marketing.
671(c) 672The Governor, the President of the Senate, and the Speaker of the House of Representatives also shall consider appointees who reflect Florida’s racial, ethnic, and gender diversity. Efforts shall be taken to ensure participation from all geographic areas of the state, including representation from urban and rural communities.
720(d) 721Appointed members shall be appointed to 4-year terms, except that initially, to provide for staggered terms, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member to serve a 2-year term and one member to serve a 3-year term, with the remaining initial appointees serving 4-year terms. All subsequent appointments shall be for 4-year terms.
786(e) 787Initial appointments must be made by October 1, 2011, and be eligible for confirmation at the earliest available Senate session. Terms end on September 30.
812(f) 813Any member is eligible for reappointment, except that a member may not serve more than two terms.
830(g) 831A vacancy on the board of directors shall be filled for the remainder of the unexpired term. Vacancies on the board shall be filled by appointment by the Governor, the President of the Senate, or the Speaker of the House of Representatives, respectively, depending on who appointed the member whose vacancy is to be filled or whose term has expired.
891(h) 892Appointed members may be removed by the Governor, the President of the Senate, or the Speaker of the House of Representatives, respectively, for cause. Absence from three consecutive meetings results in automatic removal.
925All board members shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses pursuant to s. 947112.061948. Such expenses must be paid out of funds of Enterprise Florida, Inc.
961(6) 962AT-LARGE MEMBERS OF THE BOARD OF DIRECTORS.969-970The board of directors may by resolution appoint at-large members to the board from the private sector, each of whom may serve a term of up to 3 years. At-large members shall have the powers and duties of other members of the board. An at-large member is eligible for reappointment but may not vote on his or her own reappointment. An at-large member shall be eligible to fill vacancies occurring among private sector appointees under subsection (5). At-large members may annually provide contributions to Enterprise Florida, Inc., in an amount determined by the board of directors. The contributions must be used to defray the operating expenses of Enterprise Florida, Inc., and help meet the required private match to the state’s annual appropriation.
1092(7) 1093EX OFFICIO BOARD MEMBERS.1097-1098In addition to the members specified in subsections (5) and (6), the board of directors shall consist of the following ex officio members:1121(a) 1122A member of the Senate, who shall be appointed by the President of the Senate and serve at the pleasure of the President.
1145(b) 1146A member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure of the Speaker.
1173(8) 1174MEETING.1175-1176The board of directors shall meet at least four times each year, upon the call of the chairperson, at the request of the vice chairperson, or at the request of a majority of the membership. A majority of the total number of current voting members shall constitute a quorum. The board of directors may take official action by a majority vote of the members present at any meeting at which a quorum is present.
1250(9) 1251SERVICE.1252-1253Members of the board of directors shall serve without compensation, but members may be reimbursed for all reasonable, necessary, and actual expenses, as determined by the board of directors.
1282(10) 1283PROHIBITION.1284-1285Enterprise Florida, Inc., may not endorse any candidate for any elected public office or contribute moneys to the campaign of any such candidate.
