Florida Senate - 2017 SB 2-A
By Senator Latvala
1 A bill to be entitled
2 An act relating to economic programs; amending s.
3 11.45, F.S.; authorizing the Auditor General to audit
4 the Florida Tourism Industry Marketing Corporation;
5 amending s. 201.15, F.S.; transferring certain funds
6 to the General Revenue Fund; creating s. 288.101,
7 F.S.; creating the Florida Job Growth Grant Fund
8 within the Department of Economic Opportunity;
9 requiring the department and Enterprise Florida, Inc.,
10 in consultation with the Department of Transportation,
11 to identify projects, solicit proposals, and make
12 certain recommendations; requiring the department and
13 Enterprise Florida, Inc., in consultation with the
14 Department of Transportation, to establish an
15 application process and criteria for grant requests;
16 providing requirements for requesting grants;
17 requiring the department, upon approval by the
18 Governor, to prepare a certain agreement before
19 disbursing grant funds; specifying requirements for
20 the agreement; authorizing the department to contract
21 with CareerSource Florida, Inc., or administer the
22 workforce training grants program directly;
23 prohibiting grant funds from being used for certain
24 training; providing definitions; requiring the
25 department to administer certain contracts; amending
26 s. 288.1201, F.S.; requiring the Department of
27 Economic Opportunity to retain state funds for
28 specified programs in the State Economic Enhancement
29 and Development Trust Fund until certain conditions
30 are met; requiring the department to return to the
31 State Treasury unexpended funds from the Quick Action
32 Closing Fund which are held by certain entities;
33 requiring the department to comply by a certain date;
34 requiring the department to provide notification of
35 compliance to the Governor and the Legislature by a
36 certain date; amending s. 288.1226, F.S.; requiring
37 the Florida Tourism Industry Marketing Corporation to
38 comply with certain per diem and travel expense
39 provisions; providing corporation board members and
40 officers with certain voting authority; requiring such
41 officers and members to file a certain annual
42 disclosure; requiring that such disclosure be placed
43 on the corporation’s website; authorizing
44 reimbursement for per diem and travel expenses for
45 corporation board members; requiring such expenses to
46 be paid out of corporation funds; subjecting certain
47 contracts to specified notice and review procedures;
48 prohibiting the execution of certain contracts;
49 limiting the amount of compensation paid to
50 corporation officers, agents, and employees;
51 prohibiting certain performance bonuses and severance
52 pay; removing a requirement that the corporation
53 provide certain support to the Division of Tourism
54 Promotion of Enterprise Florida, Inc.; prohibiting the
55 corporation from creating or establishing certain
56 entities and expending certain funds that benefit only
57 one entity; requiring a one-to-one match of private to
58 public contributions to the corporation; providing
59 private contribution categories to be used for the
60 calculation of such match; prohibiting certain
61 contributions from being considered private
62 contributions for purposes of such match; requiring
63 the corporation to provide certain data to the Office
64 of Economic and Demographic Research; prohibiting the
65 expenditure of corporation funds for certain purposes;
66 prohibiting the acceptance or receipt of certain items
67 or services from certain entities; limiting lodging
68 expenses of corporation employees; providing an
69 exception; requiring the department to submit a
70 proposed operating budget for the corporation to the
71 Governor and the Legislature; requiring the inclusion
72 of certain corporation contracts on the corporation’s
73 website; requiring the inclusion of specified
74 information in certain corporation contracts and on
75 the corporation’s website; requiring certain entities
76 that receive a certain amount of specified funds to
77 report certain public and private financial data on
78 their websites and provide such report to the Governor
79 and the Legislature on a specified date; requiring the
80 report to include specified financial data; requiring
81 specified functionality of the corporation’s website;
82 creating s. 288.12266, F.S.; creating the Targeted
83 Marketing Assistance Program to enhance the tourism
84 business marketing of small, minority, rural, and
85 agritourism businesses in the state; providing a
86 definition; requiring the department and the
87 corporation to provide an annual report to the
88 Governor and the Legislature; amending s. 288.124,
89 F.S.; authorizing the Florida Tourism Industry
90 Marketing Corporation, rather than Enterprise Florida,
91 Inc., to establish a convention grants program and
92 guidelines governing the award of program grants and
93 the administration of such program; amending s.
94 288.901, F.S.; authorizing reimbursement for per diem
95 and travel expenses for Enterprise Florida, Inc.,
96 board members; requiring such expenses to be paid out
97 of Enterprise Florida, Inc., funds; amending s.
98 288.903, F.S.; subjecting certain contracts to
99 specified notice and review procedures; prohibiting
100 the execution of certain contracts; prohibiting
101 Enterprise Florida, Inc., from creating or
102 establishing certain entities; requiring Enterprise
103 Florida, Inc., to comply with certain per diem and
104 travel expense provisions; amending s. 288.904, F.S.;
105 requiring the department to submit a proposed
106 operating budget for Enterprise Florida, Inc., to the
107 Governor and the Legislature; requiring the inclusion
108 of executed Enterprise Florida, Inc., contracts on the
109 Enterprise Florida, Inc., website; requiring the
110 inclusion of specified information in certain
111 Enterprise Florida, Inc., contracts and on the
112 Enterprise Florida, Inc., website; requiring certain
113 entities that receive a certain amount of specified
114 funds to report certain public and private financial
115 data on their websites and provide such report to the
116 Governor and the Legislature by a specified date;
117 requiring the report to include specified financial
118 data; requiring specified functionality of the
119 Enterprise Florida, Inc., website; amending s.
120 288.905, F.S.; limiting the amount of public
121 compensation paid to Enterprise Florida, Inc.,
122 employees; prohibiting certain performance bonuses and
123 severance pay; limiting lodging expenses of Enterprise
124 Florida, Inc., employees; providing an exception;
125 prohibiting certain expenditures; prohibiting the
126 acceptance or receipt of certain items or services
127 from certain entities; providing appropriations;
128 terminating the Displaced Homemaker Trust Fund within
129 the Department of Economic Opportunity; providing for
130 the disposition of balances in and revenues of the
131 trust fund; providing procedures for the termination
132 of the trust fund; repealing ss. 446.50, 446.51,
133 446.52, and 1010.84, F.S., relating to displaced
134 homemaker programs, prohibited discrimination and
135 confidentiality of information related to such
136 programs, and the Displaced Homemaker Trust Fund,
137 respectively; amending ss. 20.60, 28.101, 187.201,
138 288.92, 288.923, 445.003, 445.004, 741.01, and
139 741.011, F.S.; conforming provisions to changes made
140 by the act; providing an effective date.
142 Be It Enacted by the Legislature of the State of Florida:
144 Section 1. Paragraph (x) is added to subsection (3) of
145 section 11.45, Florida Statutes, to read:
146 11.45 Definitions; duties; authorities; reports; rules.—
147 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
148 General may, pursuant to his or her own authority, or at the
149 direction of the Legislative Auditing Committee, conduct audits
150 or other engagements as determined appropriate by the Auditor
151 General of:
152 (x) The Florida Tourism Industry Marketing Corporation.
153 Section 2. Paragraph (a) of subsection (4) of section
154 201.15, Florida Statutes, is amended to read:
155 201.15 Distribution of taxes collected.—All taxes collected
156 under this chapter are hereby pledged and shall be first made
157 available to make payments when due on bonds issued pursuant to
158 s. 215.618 or s. 215.619, or any other bonds authorized to be
159 issued on a parity basis with such bonds. Such pledge and
160 availability for the payment of these bonds shall have priority
161 over any requirement for the payment of service charges or costs
162 of collection and enforcement under this section. All taxes
163 collected under this chapter, except taxes distributed to the
164 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
165 are subject to the service charge imposed in s. 215.20(1).
166 Before distribution pursuant to this section, the Department of
167 Revenue shall deduct amounts necessary to pay the costs of the
168 collection and enforcement of the tax levied by this chapter.
169 The costs and service charge may not be levied against any
170 portion of taxes pledged to debt service on bonds to the extent
171 that the costs and service charge are required to pay any
172 amounts relating to the bonds. All of the costs of the
173 collection and enforcement of the tax levied by this chapter and
174 the service charge shall be available and transferred to the
175 extent necessary to pay debt service and any other amounts
176 payable with respect to bonds authorized before January 1, 2017,
177 secured by revenues distributed pursuant to this section. All
178 taxes remaining after deduction of costs shall be distributed as
180 (4) After the required distributions to the Land
181 Acquisition Trust Fund pursuant to subsections (1) and (2) and
182 deduction of the service charge imposed pursuant to s.
183 215.20(1), the remainder shall be distributed as follows:
184 (a) The lesser of 24.18442 percent of the remainder or
185 $541.75 million in each fiscal year shall be paid into the State
186 Treasury to the credit of the State Transportation Trust Fund.
187 Of such funds, $75 million for each fiscal year shall be
188 transferred to the General Revenue Fund
189 Enhancement and Development Trust Fund within the Department of
190 Economic Opportunity. Notwithstanding any other law, the
191 remaining amount credited to the State Transportation Trust Fund
192 shall be used for:
193 1. Capital funding for the New Starts Transit Program,
194 authorized by Title 49, U.S.C. s. 5309 and specified in s.
195 341.051, in the amount of 10 percent of the funds;
196 2. The Small County Outreach Program specified in s.
197 339.2818, in the amount of 10 percent of the funds;
198 3. The Strategic Intermodal System specified in ss. 339.61,
199 339.62, 339.63, and 339.64, in the amount of 75 percent of the
200 funds after deduction of the payments required pursuant to
201 subparagraphs 1. and 2.; and
202 4. The Transportation Regional Incentive Program specified
203 in s. 339.2819, in the amount of 25 percent of the funds after
204 deduction of the payments required pursuant to subparagraphs 1.
205 and 2. The first $60 million of the funds allocated pursuant to
206 this subparagraph shall be allocated annually to the Florida
207 Rail Enterprise for the purposes established in s. 341.303(5).
208 Section 3. Section 288.101, Florida Statutes, is created to
210 288.101 Florida Job Growth Grant Fund.—
211 (1) The Florida Job Growth Grant Fund is created within the
212 department to promote economic opportunity by improving public
213 infrastructure and enhancing workforce training. The Florida Job
214 Growth Grant Fund may not be used for the exclusive benefit of
215 any single company, corporation, or business entity.
216 (2) The department and Enterprise Florida, Inc., in
217 consultation with the Department of Transportation, shall
218 identify projects, solicit proposals, and make recommendations
219 to the Governor for grant awards to state and local governmental
220 entities pursuant to s. 255.0525 for state or local public
221 infrastructure projects to promote economic recovery, economic
222 diversification, or economic enhancement in a targeted industry.
223 (a) The department and Enterprise Florida, Inc., in
224 consultation with the Department of Transportation, shall
225 establish an application process and criteria for grant
226 requests. Grant requests may be submitted to the department by
227 the board of county commissioners of a county, the chief
228 executive officer of a municipality, or the governing body of a
229 special district or a special tax district. The grant request
230 must be signed by the chair of the board of county commissioners
231 and attested by the clerk of the circuit court or the
232 appropriate officer in a charter county, by the chief executive
233 officer of a municipality and attested by the clerk of the
234 municipality, or by the chair of the governing body and attested
235 by the chief financial officer of a special district or a
236 special tax district.
237 (b) Upon approval by the Governor and before the
238 disbursement of grant funds pursuant to this subsection, the
239 department shall prepare a grant agreement between the local
240 governmental entity receiving funding through the program and
241 the department. The agreement must include, but is not limited
243 1. The purpose of the grant.
244 2. The grant recipient’s specific performance standards and
246 3. A detailed project or contract budget, if available.
247 (3) The department and Enterprise Florida, Inc., shall
248 identify projects, solicit proposals, and make recommendations
249 to the Governor for workforce training grants to support
250 existing programs at state colleges and state technical centers
251 which provide participants with transferable, sustainable
252 workforce skills applicable to more than a single employer, and
253 for equipment associated with these programs. The department
254 shall work with CareerSource Florida to ensure programs are
255 offered to the public based on criteria established by the state
256 college or state technical center and do not exclude applicants
257 who are unemployed or underemployed. The department may contract
258 with CareerSource Florida, Inc., or administer this program
260 (a) Grant funds may not be expended to provide training for
261 instruction related to retail businesses or to reimburse
262 businesses for trainee wages.
263 (b) Grant requests may be submitted to the department by a
264 state college or a state technical center. The department shall
265 establish an application process and criteria for grant
266 requests. Costs and expenditures for the workforce training
267 grants must be documented and separated from those incurred by
268 the state college or state technical center.
269 (c) Upon approval by the Governor and before the
270 disbursement of grant funds pursuant to this section, the
271 department shall prepare a grant agreement between the
272 educational institution receiving funding through the program
273 and the department. The agreement must include, but is not
274 limited to:
275 1. The estimated length of the instructional program.
276 2. All direct, program-related costs, including tuition and
277 fees, curriculum development, equipment, books and classroom
278 materials, and overhead or indirect costs, not to exceed 5
279 percent of the grant amount.
280 3. Special program requirements that are not addressed
281 otherwise in the agreement.
282 (4) For purposes of this section, the term:
283 (a) “Infrastructure project” means any fixed capital
284 expenditure or fixed capital costs associated with the
285 construction, reconstruction, maintenance, or improvement of
286 facilities that have a life expectancy of 5 or more years and
287 any land acquisition, land improvement, design, and engineering
288 costs related thereto. Facilities in this category include, but
289 are not limited to, roads, bridges, tunnels, water supply,
290 sewers, electrical grids, and telecommunications facilities.
291 (b) “Public infrastructure” means infrastructure that is
292 owned by the public and is for public use or predominately
293 benefits the public.
294 (c) “Targeted industry” means any industry identified in
295 the most recent list provided to the Governor, the President of
296 the Senate, and the Speaker of the House of Representatives in
297 accordance with s. 288.106(2)(q).
298 (5) Contracts for projects approved by the Governor and
299 funded pursuant to this section shall be administered by the
301 Section 4. Subsection (4) is added to section 288.1201,
302 Florida Statutes, to read:
303 288.1201 State Economic Enhancement and Development Trust
305 (4)(a) Beginning July 1, 2017, the department shall retain
306 in the trust fund any state funds appropriated for any program
307 created under this chapter which is funded in the General
308 Appropriations Act until the performance requirements
309 established under contract or by law for any economic
310 development incentives are submitted to and verified by the
312 (b) The department shall return to the State Treasury all
313 funds held by any entity pursuant to a contract executed for the
314 Quick Action Closing Fund which are unexpended as of June 30,
315 2017. Such unexpended funds shall be deposited into the State
316 Economic Enhancement and Development Trust Fund. The department
317 shall take all steps necessary to comply with this paragraph by
318 September 1, 2017. The department shall notify the Governor, the
319 President of the Senate, and the Speaker of the House of
320 Representatives of its compliance with this paragraph by October
321 1, 2017.
322 (c) This subsection expires July 1, 2018.
323 Section 5. Section 288.1226, Florida Statutes, is amended
324 to read:
325 288.1226 Florida Tourism Industry Marketing Corporation;
326 use of property; board of directors; duties; audit.—
327 (1) DEFINITIONS.—For the purposes of this section, the term
328 “corporation” means the Florida Tourism Industry Marketing
330 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
331 Corporation is a direct-support organization of Enterprise
332 Florida, Inc.
333 (a) The Florida Tourism Industry Marketing Corporation is a
334 corporation not for profit, as defined in s. 501(c)(6) of the
335 Internal Revenue Code of 1986, as amended, that is incorporated
336 under the provisions of chapter 617 and approved by the
337 Department of State.
338 (b) The corporation is organized and operated exclusively
339 to request, receive, hold, invest, and administer property and
340 to manage and make expenditures for the operation of the
341 activities, services, functions, and programs of this state
342 which relate to the statewide, national, and international
343 promotion and marketing of tourism.
344 (c)1. The corporation is not an agency for the purposes of
345 chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
346 relating to leasing of buildings; ss. 283.33 and 283.35,
347 relating to bids for printing; s. 215.31; and parts I, II, and
348 IV-VIII of chapter 112. However, the corporation shall comply
349 with the per diem and travel expense provisions of s. 112.061.
350 2. It is not a violation of s. 112.3143(2) or (4) for the
351 officers or members of the board of directors of the corporation
353 a. Vote on the 4-year marketing plan required under s.
354 288.923 or vote on any individual component of or amendment to
355 the plan.
356 b. Participate in the establishment or calculation of
357 payments related to the private match requirements of subsection
358 (6). The officer or member must file an annual disclosure
359 describing the nature of his or her interests or the interests
360 of his or her principals, including corporate parents and
361 subsidiaries of his or her principal, in the private match
362 requirements. This annual disclosure requirement satisfies the
363 disclosure requirement of s. 112.3143(4). This disclosure must
364 be placed on the corporation’s website or included in the
365 minutes of each meeting of the corporation’s board of directors
366 at which the private match requirements are discussed or voted
368 (d) The corporation is subject to the provisions of chapter
369 119, relating to public meetings, and those provisions of
370 chapter 286 relating to public meetings and records.
371 (3) USE OF PROPERTY.—Enterprise Florida, Inc.:
372 (a) Is authorized to permit the use of property and
373 facilities of Enterprise Florida, Inc., by the corporation,
374 subject to the provisions of this section.
375 (b) Shall prescribe conditions with which the corporation
376 must comply in order to use property and facilities of
377 Enterprise Florida, Inc. Such conditions shall provide for
378 budget and audit review and for oversight by Enterprise Florida,
380 (c) May not permit the use of property and facilities of
381 Enterprise Florida, Inc., if the corporation does not provide
382 equal employment opportunities to all persons, regardless of
383 race, color, national origin, sex, age, or religion.
384 (4) BOARD OF DIRECTORS.—The board of directors of the
385 corporation shall be composed of 31 tourism-industry-related
386 members, appointed by Enterprise Florida, Inc., in conjunction
387 with the department. Board members shall serve without
388 compensation, but are entitled to receive reimbursement for per
389 diem and travel expenses pursuant to s. 112.061. Such expenses
390 must be paid out of funds of the corporation.
391 (a) The board shall consist of 16 members, appointed in
392 such a manner as to equitably represent all geographic areas of
393 the state, with no fewer than two members from any of the
394 following regions:
395 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
396 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
397 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
398 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
399 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
400 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
401 Taylor, and Union Counties.
402 3. Region 3, composed of Brevard, Indian River, Lake,
403 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
404 Volusia Counties.
405 4. Region 4, composed of Citrus, Hernando, Hillsborough,
406 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
407 5. Region 5, composed of Charlotte, Collier, DeSoto,
408 Glades, Hardee, Hendry, Highlands, and Lee Counties.
409 6. Region 6, composed of Broward, Martin, Miami-Dade,
410 Monroe, and Palm Beach Counties.
411 (b) The 15 additional tourism-industry-related members
412 shall include 1 representative from the statewide rental car
413 industry; 7 representatives from tourist-related statewide
414 associations, including those that represent hotels,
415 campgrounds, county destination marketing organizations,
416 museums, restaurants, retail, and attractions; 3 representatives
417 from county destination marketing organizations; 1
418 representative from the cruise industry; 1 representative from
419 an automobile and travel services membership organization that
420 has at least 2.8 million members in Florida; 1 representative
421 from the airline industry; and 1 representative from the space
422 tourism industry, who will each serve for a term of 2 years.
423 (5) POWERS AND DUTIES.—The corporation, in the performance
424 of its duties:
425 (a) May make and enter into contracts and assume such other
426 functions as are necessary to carry out the provisions of the 4
427 year marketing plan required by s. 288.923, and the
428 corporation’s contract with Enterprise Florida, Inc., which are
429 not inconsistent with this or any other provision of law. A
430 proposed contract with a total value of $750,000 or more is
431 subject to the notice and review procedures of s. 216.177. If
432 the chair and vice chair of the Legislative Budget Commission,
433 or the President of the Senate and the Speaker of the House of
434 Representatives, timely advise the corporation in writing that
435 such proposed contract is contrary to legislative policy and
436 intent, the corporation may not execute such proposed contract.
437 The corporation may not enter into multiple related contracts to
438 avoid the requirements of this paragraph.
439 (b) May develop a program to provide incentives and to
440 attract and recognize those entities which make significant
441 financial and promotional contributions towards the expanded
442 tourism promotion activities of the corporation.
443 (c) May establish a cooperative marketing program with
444 other public and private entities which allows the use of the
445 VISIT Florida logo in tourism promotion campaigns which meet the
446 standards of Enterprise Florida, Inc., for which the corporation
447 may charge a reasonable fee.
448 (d) May sue and be sued and appear and defend in all
449 actions and proceedings in its corporate name to the same extent
450 as a natural person.
451 (e) May adopt, use, and alter a common corporate seal.
452 However, such seal must always contain the words “corporation
453 not for profit.”
454 (f) Shall elect or appoint such officers and agents as its
455 affairs shall require and allow them reasonable compensation.
456 However, reasonable compensation for employment paid from funds
457 received from the state for any officer or agent, including the
458 president and chief executive officer of the corporation, may
459 not exceed the salary and benefits authorized to be paid to the
460 Governor. Any payments of performance bonuses or severance pay
461 paid from funds received from the state to an officer or agent
462 of the corporation are prohibited unless specifically authorized
463 by law.
464 (g) Shall hire and establish salaries and personnel and
465 employee benefit programs for such permanent and temporary
466 employees as are necessary to carry out the provisions of the 4
467 year marketing plan and the corporation’s contract with
468 Enterprise Florida, Inc., which are not inconsistent with this
469 or any other provision of law. However, an employee may not
470 receive compensation for employment paid from funds received
471 from the state which exceeds the salary and benefits authorized
472 to be paid to the Governor. Any payments of performance bonuses
473 or severance pay paid from funds received from the state to
474 employees of the corporation are prohibited unless specifically
475 authorized by law.
476 (h) Shall provide staff support to the Division of Tourism
477 Promotion of Enterprise Florida, Inc. The president and chief
478 executive officer of the Florida Tourism Industry Marketing
479 Corporation shall serve without compensation as the director of
480 the division.
481 (i) May adopt, change, amend, and repeal bylaws, not
482 inconsistent with law or its articles of incorporation, for the
483 administration of the provisions of the 4-year marketing plan
484 and the corporation’s contract with Enterprise Florida, Inc.
485 (i) (j) May conduct its affairs, carry on its operations,
486 and have offices and exercise the powers granted by this act in
487 any state, territory, district, or possession of the United
488 States or any foreign country. Where feasible, appropriate, and
489 recommended by the 4-year marketing plan developed by the
490 Division of Tourism Promotion of Enterprise Florida, Inc., the
491 corporation may collocate the programs of foreign tourism
492 offices in cooperation with any foreign office operated by any
493 agency of this state.
494 (j) (k) May appear on its own behalf before boards,
495 commissions, departments, or other agencies of municipal,
496 county, state, or federal government.
497 (k) (l) May request or accept any grant, payment, or gift,
498 of funds or property made by this state or by the United States
499 or any department or agency thereof or by any individual, firm,
500 corporation, municipality, county, or organization for any or
501 all of the purposes of the 4-year marketing plan and the
502 corporation’s contract with Enterprise Florida, Inc., that are
503 not inconsistent with this or any other provision of law. Such
504 funds shall be deposited in a bank account established by the
505 corporation’s board of directors. The corporation may expend
506 such funds in accordance with the terms and conditions of any
507 such grant, payment, or gift, in the pursuit of its
508 administration or in support of the programs it administers. The
509 corporation shall separately account for the public funds and
510 the private funds deposited into the corporation’s bank account.
511 (l) (m) Shall establish a plan for participation in the
512 corporation which will provide additional funding for the
513 administration and duties of the corporation.
514 (m) (n) In the performance of its duties, may undertake, or
515 contract for, marketing projects and advertising research
517 (n) (o) In addition to any indemnification available under
518 chapter 617, the corporation may indemnify, and purchase and
519 maintain insurance on behalf of, directors, officers, and
520 employees of the corporation against any personal liability or
521 accountability by reason of actions taken while acting within
522 the scope of their authority.
523 (o) May not create or establish any other entity,
524 corporation, or direct-support organization.
525 (p) May not expend funds, public or private, that directly
526 benefit only one company, corporation, or business entity.
527 (6) MATCHING REQUIREMENTS.—
528 (a) A one-to-one match is required of private to public
529 contributions to the corporation. Public contributions include
530 all state appropriations to the corporation and exclude taxes
531 derived pursuant to s. 125.0104.
532 (b) For purposes of calculating the required one-to-one
533 match, the private contributions the corporation receives must
534 be in one of four private match categories. The corporation
535 shall maintain documentation of such categorized contributions
536 on file and make such documentation available for inspection
537 upon reasonable notice during its regular business hours.
538 Contribution details shall be included in the quarterly reports
539 required under subsection (8). The private match categories are:
540 1. Direct cash contributions from private sources, which
541 include, but are not limited to, cash derived from strategic
542 alliances, contributions of stocks and bonds, and partnership
544 2. Fees for services, which include, but are not limited
545 to, event participation, research, and brochure placement and
547 3. Cooperative advertising, which is limited to partner
548 expenditures for paid media placement, partner expenditures for
549 collateral material distribution, and the actual market value of
550 contributed productions, air time, and print space.
551 4. In-kind contributions, which are limited to the actual
552 market value of promotional contributions of partner-supplied
553 benefits to target audiences and the actual market value of
554 nonpartner-supplied air time or print space contributed for the
555 broadcasting or printing of such promotions, which would
556 otherwise require tourist promotion expenditures by the
557 corporation for advertising, air travel, rental car fees, hotel
558 rooms, RV or campsite space rental, onsite guest services, and
559 admission tickets. The net value of air time or print space, if
560 any, shall be deemed to be the actual market value of the air
561 time or print space, based on an average of actual unit prices
562 paid contemporaneously for comparable times or spaces, less the
563 value of increased ratings or other benefits realized by the
564 media outlet as a result of the promotion.
566 Contributions from a governmental entity or from an entity that
567 received more than 50 percent of its revenue in the previous
568 fiscal year from public sources, including revenue derived from
569 taxes, other than taxes collected pursuant to s. 125.0104, from
570 fees, or from other government revenues, are not considered
571 private contributions for purposes of calculating the required
572 one-to-one match.
573 (7) (6) ANNUAL AUDIT.—The corporation shall provide for an
574 annual financial audit in accordance with s. 215.981. The annual
575 audit report shall be submitted to the Auditor General; the
576 Office of Program Policy Analysis and Government Accountability;
577 Enterprise Florida, Inc.; and the department for review. The
578 Office of Program Policy Analysis and Government Accountability;
579 Enterprise Florida, Inc.; the department; and the Auditor
580 General have the authority to require and receive from the
581 corporation or from its independent auditor any detail or
582 supplemental data relative to the operation of the corporation.
583 The department shall annually certify whether the corporation is
584 operating in a manner and achieving the objectives that are
585 consistent with the policies and goals of Enterprise Florida,
586 Inc., and its long-range marketing plan. The identity of a donor
587 or prospective donor to the corporation who desires to remain
588 anonymous and all information identifying such donor or
589 prospective donor are confidential and exempt from the
590 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
591 Constitution. Such anonymity shall be maintained in the
592 auditor’s report.
593 (8) (7) REPORT.—The corporation shall provide a quarterly
594 report to Enterprise Florida, Inc., which shall:
595 (a) Measure the current vitality of the visitor industry of
596 this state as compared to the vitality of such industry for the
597 year to date and for comparable quarters of past years.
598 Indicators of vitality shall be determined by Enterprise
599 Florida, Inc., and shall include, but not be limited to,
600 estimated visitor count and party size, length of stay, average
601 expenditure per party, and visitor origin and destination.
602 (b) Provide detailed, unaudited financial statements of
603 sources and uses of public and private funds.
604 (c) Measure progress towards annual goals and objectives
605 set forth in the 4-year marketing plan.
606 (d) Review all pertinent research findings.
607 (e) Provide other measures of accountability as requested
608 by Enterprise Florida, Inc.
610 The corporation must take all steps necessary to provide all
611 data that is used to develop the report, including source data,
612 to the Office of Economic and Demographic Research.
613 (9) (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
614 who responds to a marketing project or advertising research
615 project conducted by the corporation in the performance of its
616 duties on behalf of Enterprise Florida, Inc., or trade secrets
617 as defined by s. 812.081 obtained pursuant to such activities,
618 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
619 Constitution. This subsection is subject to the Open Government
620 Sunset Review Act in accordance with s. 119.15 and shall stand
621 repealed on October 2, 2021, unless reviewed and saved from
622 repeal through reenactment by the Legislature.
623 (10) PROHIBITIONS; CORPORATE FUNDS; GIFTS.—Funds of the
624 corporation may not be expended for food, beverages, lodging,
625 entertainment, or gifts for employees of the corporation, board
626 members of the corporation, or employees of a tourist or
627 economic development entity that receives revenue from a tax
628 imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305,
629 unless authorized pursuant to s. 112.061 or this section. An
630 employee or board member of the corporation may not accept or
631 receive food, beverages, lodging, entertainment, or gifts from
632 an economic development entity that receives revenue only from a
633 tax imposed pursuant to s. 125.0108 or s. 212.0305, or from any
634 person, vendor, or other entity doing business with the
635 corporation unless such food, beverage, lodging, entertainment,
636 or gift is available to similarly situated members of the
637 general public.
638 (11) LODGING EXPENSES.—Lodging expenses for an employee of
639 the corporation may not exceed $150 per day, excluding taxes,
640 unless the corporation is participating in a negotiated group
641 rate discount or the corporation provides documentation of at
642 least three comparable alternatives demonstrating that such
643 lodging at the required rate is not available. However, an
644 employee of the corporation may expend his or her own funds for
645 any lodging expenses in excess of $150 per day.
646 (12) PROPOSED OPERATING BUDGET SUBMISSION.—By August 15 of
647 each fiscal year, the department shall submit a proposed
648 operating budget for the corporation, including amounts to be
649 expended on advertising, marketing, promotions, events, other
650 operating capital outlay, and salaries and benefits for each
651 employee, to the Governor, the President of the Senate, and the
652 Speaker of the House of Representatives.
653 (13) TRANSPARENCY.—
654 (a) All contracts executed by the corporation shall be
655 placed for viewing on the corporation’s website. All contracts
656 with the corporation valued at $500,000 or more shall be placed
657 on the corporation’s website for review 14 days before
658 execution. A contract entered into between the corporation and
659 any other public or private entity shall include:
660 1. The purpose of the contract.
661 2. Specific performance standards and responsibilities for
662 each entity.
663 3. A detailed project or contract budget, if applicable.
664 4. The value of any services provided.
665 5. The projected travel and entertainment expenses for
666 employees and board members, if applicable.
667 (b)1. Any entity that in the previous fiscal year received
668 more than 50 percent of its revenue from the corporation or from
669 taxes imposed pursuant to s. 125.0108 or s. 212.0305, and that
670 partners with the corporation or participates in a program,
671 cooperative advertisement, promotional opportunity, or other
672 activity offered by or in conjunction with the corporation,
673 shall annually report by July 1 all public and private financial
674 data posted on its website to the Governor, the President of the
675 Senate, and the Speaker of the House of Representatives.
676 2. The financial data shall include:
677 a. The total amount of revenue received from public and
678 private sources.
679 b. The operating budget of the partner entity.
680 c. Employee and board member salary and benefit details
681 from public and private funds.
682 d. An itemized accounting of all expenditures by the
683 partner entity on behalf of, or coordinated for the benefit of,
684 the corporation, its board members, or employees.
685 e. Itemized travel and entertainment expenditures of the
686 partner entity.
687 (c) The following information must be posted on the
688 corporation’s website:
689 1. A plain language version of any contract estimated to
690 exceed $35,000 with a private entity, municipality, county,
691 town, or vendor of services, supplies, or programs, including
692 marketing, or for the purchase or lease or use of lands,
693 facilities, or properties.
694 2. Any agreement entered into between the corporation and
695 any other entity, including a local government, private entity,
696 or nonprofit entity, which receives public funds or funds from a
697 tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
699 3. The contracts and the required information pursuant to
700 paragraph (a) and the financial data submitted to the
701 corporation pursuant to paragraph (b).
702 4. Video recordings of each board meeting.
703 5. A detailed report of expenditures following each
704 marketing event paid for with the corporation’s funds. Such
705 report must be posted within 10 business days after the event.
706 6. An annual itemized accounting of the total amount of
707 funds spent by any third party on behalf of the corporation or
708 any board member or employee of the corporation.
709 7. An annual itemized accounting of the total amount of
710 travel and entertainment expenditures by the corporation.
711 (d) The corporation’s website must:
712 1. Allow users to navigate to related sites to view
713 supporting details.
714 2. Enable a taxpayer to e-mail questions to the corporation
715 and make such questions and the corporation’s responses publicly
717 (14) (9) REPEAL.—This section is repealed October 1, 2019,
718 unless reviewed and saved from repeal by the Legislature.
719 Section 6. Section 288.12266, Florida Statutes, is created
720 to read:
721 288.12266 Targeted Marketing Assistance Program.—
722 (1) The Targeted Marketing Assistance Program is created to
723 enhance the tourism business marketing of small, minority,
724 rural, and agritourism businesses in the state. The department,
725 in conjunction with the Florida Tourism Industry Marketing
726 Corporation, shall administer the program. The program shall
727 provide marketing plans, marketing assistance, promotional
728 support, media development, technical expertise, marketing
729 advice, technology training, social marketing support, and other
730 assistance to an eligible entity.
731 (2) As used in this section, the term “eligible entity”
732 means an independently owned and operated business with gross
733 revenue not exceeding $1.25 million or a nonprofit corporation
734 that meets the requirements of s. 501(c)(3) of the Internal
735 Revenue Code.
736 (3) The department and the Florida Tourism Industry
737 Marketing Corporation shall provide an annual report to the
738 Governor, the President of the Senate, and the Speaker of the
739 House of Representatives documenting that at least 50 percent of
740 the eligible entities receiving assistance through this program
741 are independently owned and operated businesses with gross
742 revenues not exceeding $500,000.
743 Section 7. Section 288.124, Florida Statutes, is amended to
745 288.124 Convention grants program.—The Florida Tourism
746 Industry Marketing Corporation Enterprise Florida, Inc., is
747 authorized to establish a convention grants program and,
748 pursuant to that program, to recommend to the department
749 expenditures and contracts with local governments and nonprofit
750 corporations or organizations for the purpose of attracting
751 national conferences and conventions to Florida. Preference
752 shall be given to local governments and nonprofit corporations
753 or organizations seeking to attract minority conventions to
754 Florida. Minority conventions are events that primarily involve
755 minority persons, as defined in s. 288.703, who are residents or
756 nonresidents of the state. The Florida Tourism Industry
757 Marketing Corporation Enterprise Florida, Inc., shall establish
758 guidelines governing the award of grants and the administration
759 of this program. The department has final approval authority for
760 any grants under this section. The total annual allocation of
761 funds for this program shall not exceed $40,000.
762 Section 8. Subsection (5) of section 288.901, Florida
763 Statutes, is amended to read:
764 288.901 Enterprise Florida, Inc.—
765 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
766 (a) In addition to the Governor or his or her designee, the
767 board of directors shall consist of the following appointed
769 1. The Commissioner of Education or his or her designee.
770 2. The Chief Financial Officer or his or her designee.
771 3. The Attorney General or his or her designee.
772 4. The Commissioner of Agriculture or his or her designee.
773 5. The chairperson of the board of directors of
774 CareerSource Florida, Inc.
775 6. The Secretary of State or his or her designee.
776 7. Twelve members from the private sector, six of whom
777 shall be appointed by the Governor, three of whom shall be
778 appointed by the President of the Senate, and three of whom
779 shall be appointed by the Speaker of the House of
780 Representatives. Members appointed by the Governor are subject
781 to Senate confirmation.
782 (b) In making their appointments, the Governor, the
783 President of the Senate, and the Speaker of the House of
784 Representatives shall ensure that the composition of the board
785 of directors reflects the diversity of Florida’s business
786 community and is representative of the economic development
787 goals in subsection (2). The board must include at least one
788 director for each of the following areas of expertise:
789 international business, tourism marketing, the space or
790 aerospace industry, managing or financing a minority-owned
791 business, manufacturing, finance and accounting, and sports
793 (c) The Governor, the President of the Senate, and the
794 Speaker of the House of Representatives also shall consider
795 appointees who reflect Florida’s racial, ethnic, and gender
796 diversity. Efforts shall be taken to ensure participation from
797 all geographic areas of the state, including representation from
798 urban and rural communities.
799 (d) Appointed members shall be appointed to 4-year terms,
800 except that initially, to provide for staggered terms, the
801 Governor, the President of the Senate, and the Speaker of the
802 House of Representatives shall each appoint one member to serve
803 a 2-year term and one member to serve a 3-year term, with the
804 remaining initial appointees serving 4-year terms. All
805 subsequent appointments shall be for 4-year terms.
806 (e) Initial appointments must be made by October 1, 2011,
807 and be eligible for confirmation at the earliest available
808 Senate session. Terms end on September 30.
809 (f) Any member is eligible for reappointment, except that a
810 member may not serve more than two terms.
811 (g) A vacancy on the board of directors shall be filled for
812 the remainder of the unexpired term. Vacancies on the board
813 shall be filled by appointment by the Governor, the President of
814 the Senate, or the Speaker of the House of Representatives,
815 respectively, depending on who appointed the member whose
816 vacancy is to be filled or whose term has expired.
817 (h) Appointed members may be removed by the Governor, the
818 President of the Senate, or the Speaker of the House of
819 Representatives, respectively, for cause. Absence from three
820 consecutive meetings results in automatic removal.
822 All board members shall serve without compensation, but are
823 entitled to receive reimbursement for per diem and travel
824 expenses pursuant to s. 112.061. Such expenses must be paid out
825 of funds of Enterprise Florida, Inc.
826 Section 9. Subsections (7), (8), and (9) are added to
827 section 288.903, Florida Statutes, to read:
828 288.903 Duties of Enterprise Florida, Inc.—Enterprise
829 Florida, Inc., shall have the following duties:
830 (7) Submit all proposed contracts with a total value of
831 $750,000 or more in accordance with the notice and review
832 procedures of s. 216.177. If the chair and vice chair of the
833 Legislative Budget Commission, or the President of the Senate
834 and the Speaker of the House of Representatives, timely advise
835 Enterprise Florida, Inc., in writing that such proposed contract
836 is contrary to legislative policy and intent, Enterprise
837 Florida, Inc., may not execute such proposed contract.
838 Enterprise Florida, Inc., may not enter into multiple related
839 contracts to avoid the requirements of this subsection. This
840 subsection does not apply to contracts for the award of a
841 statutorily authorized incentive program.
842 (8) May not create or establish any other entity,
843 corporation, or direct-support organization, unless authorized
844 by law.
845 (9) Enterprise Florida, Inc., shall comply with the per
846 diem and travel expense provisions of s. 112.061.
847 Section 10. Section 288.904, Florida Statutes, is amended
848 to read:
849 288.904 Funding for Enterprise Florida, Inc.; performance
850 and return on the public’s investment.—
851 (1)(a) The Legislature may annually appropriate to
852 Enterprise Florida, Inc., a sum of money for its operations, and
853 separate line-item appropriations for each of the divisions
854 listed in s. 288.92.
855 (b) The state’s operating investment in Enterprise Florida,
856 Inc., and its divisions is the budget contracted by the
857 department to Enterprise Florida, Inc., less any funding that is
858 directed by the Legislature to be subcontracted to a specific
859 recipient entity.
860 (c) The board of directors of Enterprise Florida, Inc.,
861 shall adopt for each upcoming fiscal year an operating budget
862 for the organization, including its divisions, which specifies
863 the intended uses of the state’s operating investment and a plan
864 for securing private sector support.
865 (2)(a) The Legislature finds that it is a priority to
866 maximize private sector support in operating Enterprise Florida,
867 Inc., and its divisions, as an endorsement of its value and as
868 an enhancement of its efforts. Thus, the state appropriations
869 must be matched with private sector support equal to at least
870 100 percent of the state operational funding.
871 (b) Private sector support in operating Enterprise Florida,
872 Inc., and its divisions includes:
873 1. Cash given directly to Enterprise Florida, Inc., for its
874 operations, including contributions from at-large members of the
875 board of directors;
876 2. Cash donations from organizations assisted by the
878 3. Cash jointly raised by Enterprise Florida, Inc., and a
879 private local economic development organization, a group of such
880 organizations, or a statewide private business organization that
881 supports collaborative projects;
882 4. Cash generated by fees charged for products or services
883 of Enterprise Florida, Inc., and its divisions by sponsorship of
884 events, missions, programs, and publications; and
885 5. Copayments, stock, warrants, royalties, or other private
886 resources dedicated to Enterprise Florida, Inc., or its
888 (3) (a) Specifically for the marketing and advertising
889 activities of the Division of Tourism Marketing or as contracted
890 through the Florida Tourism Industry Corporation, a one-to-one
891 match is required of private to public contributions within 4
892 calendar years after the implementation date of the marketing
893 plan pursuant to s. 288.923.
894 (b) For purposes of calculating the required one-to-one
895 match, matching private funds shall be divided into four
896 categories. Documentation for the components of the four private
897 match categories shall be kept on file for inspection as
898 determined necessary. The four private match categories are:
899 1. Direct cash contributions, which include, but are not
900 limited to, cash derived from strategic alliances, contributions
901 of stocks and bonds, and partnership contributions.
902 2. Fees for services, which include, but are not limited
903 to, event participation, research, and brochure placement and
905 3. Cooperative advertising, which is the value based on
906 cost of contributed productions, air time, and print space.
907 4. In-kind contributions, which include, but are not
908 limited to, the value of strategic alliance services
909 contributed, the value of loaned employees, discounted service
910 fees, items contributed for use in promotions, and radio or
911 television air time or print space for promotions. The value of
912 air time or print space shall be calculated by taking the actual
913 time or space and multiplying by the nonnegotiated unit price
914 for that specific time or space which is known as the media
915 equivalency value. In order to avoid duplication in determining
916 media equivalency value, only the value of the promotion itself
917 shall be included; the value of the items contributed for the
918 promotion may not be included.
919 (4) Enterprise Florida, Inc., shall fully comply with the
920 performance measures, standards, and sanctions in its contract
921 with the department, under s. 20.60. The department shall
922 ensure, to the maximum extent possible, that the contract
923 performance measures are consistent with performance measures
924 that it is required to develop and track under performance-based
925 program budgeting. The contract shall also include performance
926 measures for the divisions.
927 (4) (5) The Legislature intends to review the performance of
928 Enterprise Florida, Inc., in achieving the performance goals
929 stated in its annual contract with the department to determine
930 whether the public is receiving a positive return on its
931 investment in Enterprise Florida, Inc., and its divisions. It
932 also is the intent of the Legislature that Enterprise Florida,
933 Inc., coordinate its operations with local economic development
934 organizations to maximize the state and local return on
935 investment to create jobs for Floridians.
936 (5) By August 15 of each fiscal year, the department shall
937 submit a proposed operating budget for Enterprise Florida, Inc.,
938 including amounts to be expended on incentives, business
939 recruitment, advertising, events, other operating capital
940 outlay, and salaries and benefits for each employee to the
941 Governor, the President of the Senate, and the Speaker of the
942 House of Representatives.
943 (6)(a) All contracts executed by Enterprise Florida, Inc.,
944 shall be placed for viewing on the corporation’s website.
945 (b) A contract entered into between Enterprise Florida,
946 Inc., and any other public or private entity must include:
947 1. The purpose of the contract.
948 2. Specific performance standards and responsibilities for
949 each entity.
950 3. A detailed project or contract budget, if applicable.
951 4. The value of any services provided.
952 5. The projected travel and entertainment expenses for
953 employees and board members, if applicable.
954 (c)1. Any entity that in the previous fiscal year received
955 more than 50 percent of its revenue from Enterprise Florida,
956 Inc., or from a tax imposed pursuant to s. 125.0104, s.
957 125.0108, or s. 212.0305, and that partners with Enterprise
958 Florida, Inc., in a program or other activity offered by or in
959 conjunction with Enterprise Florida, Inc., shall annually report
960 by July 1 all public and private financial data posted on its
961 website to the Governor, the President of the Senate, and the
962 Speaker of the House of Representatives.
963 2. The financial data shall include:
964 a. The total amount of revenue received from public and
965 private sources.
966 b. The operating budget of the partner entity.
967 c. Employee and board member salary and benefit details
968 from public and private funds.
969 d. An itemized accounting of all expenditures by the
970 partner entity on behalf of, or coordinated for the benefit of,
971 Enterprise Florida, Inc., its board members, or employees.
972 e. Itemized travel and entertainment expenditures of the
973 partner entity.
974 (d) The following information must be posted on the website
975 of Enterprise Florida, Inc.:
976 1. A plain language version of any contract that is
977 estimated to exceed $35,000 with a private entity, municipality,
978 county, town, or vendor of services, supplies, or programs,
979 including marketing, or for the purchase or lease or use of
980 lands, facilities, or properties.
981 2. Any agreement entered into between Enterprise Florida,
982 Inc., and any other entity, including a local government,
983 private entity, or nonprofit entity, which receives public funds
984 or funds from a tax imposed pursuant to s. 125.0104, s.
985 125.0108, or s. 212.0305.
986 3. The contracts and the required information pursuant to
987 paragraph (b) and the financial data submitted to Enterprise
988 Florida, Inc., pursuant to paragraph (c).
989 4. Video recordings of each board meeting.
990 5. A detailed report of expenditures following each
991 marketing or business recruitment event paid for with Enterprise
992 Florida, Inc., funds. Such report must be posted within 10
993 business days after the event.
994 6. An annual itemized accounting of the total amount of
995 funds spent by any third party on behalf of Enterprise Florida,
996 Inc., or any board member or employee of Enterprise Florida,
998 7. An annual itemized accounting of the total amount of
999 travel and entertainment expenditures by Enterprise Florida,
1001 (e) The Enterprise Florida, Inc., website must:
1002 1. Allow users to navigate to related sites to view
1003 supporting details.
1004 2. Enable a taxpayer to e-mail questions to Enterprise
1005 Florida, Inc., and make such questions and Enterprise Florida,
1006 Inc., responses publicly viewable.
1007 Section 11. Section 288.905, Florida Statutes, is amended
1008 to read:
1009 288.905 President and employees of Enterprise Florida,
1011 (1) The board of directors of Enterprise Florida, Inc.,
1012 shall appoint a president, who shall serve at the pleasure of
1013 the Governor. The president shall also be known as the
1014 “secretary of commerce” and shall serve as the Governor’s chief
1015 negotiator for business recruitment and business expansion.
1016 (2) The president is the chief administrative and
1017 operational officer of the board of directors and of Enterprise
1018 Florida, Inc., and shall direct and supervise the administrative
1019 affairs of the board of directors and any divisions, councils,
1020 or boards. The board of directors may delegate to the president
1021 those powers and responsibilities it deems appropriate,
1022 including hiring and management of all staff, except for the
1023 appointment of a president.
1024 (3) The board of directors shall establish and adjust the
1025 president’s compensation.
1026 (4) An No employee of Enterprise Florida, Inc., including
1027 an officer or agent, the president, or the chief executive
1028 officer, may not receive compensation for employment paid from
1029 funds received from the state which that exceeds the salary and
1030 benefits authorized to be paid to the Governor , unless the board
1031 of directors and the employee have executed a contract that
1032 prescribes specific, measurable performance outcomes for the
1033 employee, the satisfaction of which provides the basis for the
1034 award of incentive payments that increase the employee’s total
1035 compensation to a level above the salary paid to the Governor.
1036 Any payments of performance bonuses or severance pay paid from
1037 funds received from the state to employees are prohibited unless
1038 specifically authorized by law.
1039 (5) Lodging expenses for an employee of Enterprise Florida,
1040 Inc., may not exceed $150 per day, excluding taxes, unless
1041 Enterprise Florida, Inc., is participating in a negotiated group
1042 rate discount or Enterprise Florida, Inc., provides
1043 documentation of at least three comparable alternatives
1044 demonstrating that such lodging at the required rate is not
1045 available. However, an employee of Enterprise Florida, Inc., may
1046 expend his or her own funds for any lodging expenses in excess
1047 of $150 per day.
1048 (6) Funds of Enterprise Florida, Inc., may not be expended
1049 for food, beverages, lodging, entertainment, or gifts for
1050 employees of Enterprise Florida, Inc., board members of
1051 Enterprise Florida, Inc., or employees of a tourist or economic
1052 development entity that receives revenue from a tax imposed
1053 pursuant to s. 125.0104, s. 125.0108, or s. 212.0305, unless
1054 authorized pursuant to s. 112.061 or this section. An employee
1055 or board member of Enterprise Florida, Inc., may not accept or
1056 receive food, beverages, lodging, entertainment, or gifts from a
1057 tourist or economic development entity that receives revenue
1058 from a tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
1059 212.0305, or from any person, vendor, or other entity doing
1060 business with the corporation unless such food, beverage,
1061 lodging, entertainment, or gift is available to similarly
1062 situated members of the general public.
1063 Section 12. For the 2017-2018 fiscal year, the recurring
1064 sum of $26 million and the nonrecurring sum of $26 million from
1065 the State Economic Enhancement and Development Trust Fund and
1066 the recurring sum of $24 million from the Tourism Promotional
1067 Trust Fund are appropriated to the Department of Economic
1068 Opportunity to contract with the Florida Tourism Industry
1069 Marketing Corporation.
1070 Section 13. For the 2017-2018 fiscal year, the recurring
1071 sum of $9.4 million from the State Economic Enhancement and
1072 Development Trust Fund and the recurring sum of $6.6 million
1073 from the Florida International Trade and Promotion Trust Fund
1074 are appropriated to the Department of Economic Opportunity to
1075 contract with Enterprise Florida, Inc., for operational purposes
1076 and to maintain its offices but excluding expenditures on any
1077 incentive tools or programs unless explicitly authorized by this
1078 act. From the funds appropriated from the Florida International
1079 Trade and Promotion Trust Fund, Enterprise Florida, Inc., shall
1080 allocate $3.55 million for international programs, $2.05 million
1081 to maintain Florida’s international offices, and $1 million to
1082 continue the Florida Export Diversification and Expansion
1084 Section 14. For the 2017-2018 fiscal year, the nonrecurring
1085 sum of $60 million from the State Economic Enhancement and
1086 Development Trust Fund is appropriated to the Department of
1087 Economic Opportunity to administer contracts approved by the
1088 Governor for the Florida Job Growth Grant Fund pursuant to s.
1089 288.101, Florida Statutes, created by this act. For the 2017
1090 2018 fiscal year, the nonrecurring sum of $25 million from the
1091 State Transportation Trust Fund is appropriated to the
1092 Department of Transportation to contract with the Department of
1093 Economic Opportunity to provide for transportation
1094 infrastructure for contracts approved by the Governor for the
1095 Florida Job Growth Grant Fund pursuant to s. 288.101, Florida
1096 Statutes, created by this act. Additionally, the Executive
1097 Office of the Governor is authorized to process one or more
1098 budget amendments pursuant to s. 216.181 (12), Florida Statutes,
1099 in a total amount not to exceed $40 million to provide for the
1100 nonoperating transfer of funds from the State Transportation
1101 Trust Fund to the State Economic Enhancement and Development
1102 Trust Fund to support expenditures for the Florida Job Growth
1103 Grant Fund pursuant to s. 288.101, Florida Statutes, created by
1104 this act. State funds other than those appropriated in this
1105 section may not be expended on the Florida Job Growth Grant
1106 Fund. Additionally, notwithstanding s. 216.292, Florida
1107 Statutes, the funds appropriated herein are nontransferable.
1108 Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
1109 216.351, Florida Statutes, the balance of any appropriation for
1110 the Florida Job Growth Grant Fund which is not disbursed by June
1111 30 of the fiscal year in which the funds are appropriated may be
1112 carried forward for up to 5 years after the effective date of
1113 the original appropriation.
1114 Section 15. (1) The Displaced Homemaker Trust Fund, FLAIR
1115 number 40-2-160, within the Department of Economic Opportunity
1116 is terminated.
1117 (2) All current balances remaining in, and all revenues of,
1118 the trust fund shall be transferred to the General Revenue Fund.
1119 (3) The Department of Economic Opportunity shall pay any
1120 outstanding debts and obligations of the terminated fund as soon
1121 as practicable, and the Chief Financial Officer shall close out
1122 and remove the terminated fund from various state accounting
1123 systems using generally accepted accounting principles
1124 concerning warrants outstanding, assets, and liabilities.
1125 Section 16. Section 446.50, Florida Statutes, is repealed.
1126 Section 17. Section 446.51, Florida Statutes, is repealed.
1127 Section 18. Section 446.52, Florida Statutes, is repealed.
1128 Section 19. Section 1010.84, Florida Statutes, is repealed.
1129 Section 20. Paragraph (b) of subsection (10) of section
1130 20.60, Florida Statutes, is amended to read:
1131 20.60 Department of Economic Opportunity; creation; powers
1132 and duties.—
1133 (10) The department, with assistance from Enterprise
1134 Florida, Inc., shall, by November 1 of each year, submit an
1135 annual report to the Governor, the President of the Senate, and
1136 the Speaker of the House of Representatives on the condition of
1137 the business climate and economic development in the state.
1138 (b) The report must incorporate annual reports of other
1139 programs, including:
1140 1. The displaced homemaker program established under s.
1142 1. 2. Information provided by the Department of Revenue
1143 under s. 290.014.
1144 2. 3. Information provided by enterprise zone development
1145 agencies under s. 290.0056 and an analysis of the activities and
1146 accomplishments of each enterprise zone.
1147 3. 4. The Economic Gardening Business Loan Pilot Program
1148 established under s. 288.1081 and the Economic Gardening
1149 Technical Assistance Pilot Program established under s.
1151 4. 5. A detailed report of the performance of the Black
1152 Business Loan Program and a cumulative summary of quarterly
1153 report data required under s. 288.714.
1154 5. 6. The Rural Economic Development Initiative established
1155 under s. 288.0656.
1156 6. 7. The Florida Unique Abilities Partner Program.
1157 Section 21. Subsection (1) of section 28.101, Florida
1158 Statutes, is amended to read:
1159 28.101 Petitions and records of dissolution of marriage;
1160 additional charges.—
1161 (1) When a party petitions for a dissolution of marriage,
1162 in addition to the filing charges in s. 28.241, the clerk shall
1163 collect and receive:
1164 (a) A charge of $5. On a monthly basis, the clerk shall
1165 transfer the moneys collected pursuant to this paragraph to the
1166 Department of Revenue for deposit in the Child Welfare Training
1167 Trust Fund created in s. 402.40.
1168 (b) A charge of $5. On a monthly basis, the clerk shall
1169 transfer the moneys collected pursuant to this paragraph to the
1170 Department of Revenue for deposit in the Displaced Homemaker
1171 Trust Fund created in s. 446.50. If a petitioner does not have
1172 sufficient funds with which to pay this fee and signs an
1173 affidavit so stating, all or a portion of the fee shall be
1174 waived subject to a subsequent order of the court relative to
1175 the payment of the fee.
1176 (b) (c) A charge of $55. On a monthly basis, the clerk shall
1177 transfer the moneys collected pursuant to this paragraph to the
1178 Department of Revenue for deposit in the Domestic Violence Trust
1179 Fund. Such funds which are generated shall be directed to the
1180 Department of Children and Families for the specific purpose of
1181 funding domestic violence centers.
1182 (c) (d) A charge of $37.50 $ 32.50. On a monthly basis, the
1183 clerk shall transfer the moneys collected pursuant to this
1184 paragraph as follows:
1185 1. An amount of $7.50 to the Department of Revenue for
1186 deposit in the Displaced Homemaker Trust Fund.
1187 2. An amount of $25 to the Department of Revenue for
1188 deposit in the General Revenue Fund.
1189 Section 22. Paragraph (b) of subsection (2) of section
1190 187.201, Florida Statutes, is amended to read:
1191 187.201 State Comprehensive Plan adopted.—The Legislature
1192 hereby adopts as the State Comprehensive Plan the following
1193 specific goals and policies:
1194 (2) FAMILIES.—
1195 (b) Policies.—
1196 1. Eliminate state policies which cause voluntary family
1198 2. Promote concepts to stabilize the family unit to
1199 strengthen bonds between parents and children.
1200 3. Promote home care services for the sick and disabled.
1201 4. Provide financial support for alternative child care
1203 5. Increase direct parental involvement in K-12 education
1205 6. Promote family dispute resolution centers.
1206 7. Support displaced homemaker programs.
1207 7. 8. Provide increased assurance that child support
1208 payments will be made.
1209 8. 9. Actively develop job opportunities, community work
1210 experience programs, and job training programs for persons
1211 receiving governmental financial assistance.
1212 9. 10. Direct local law enforcement authorities and district
1213 mental health councils to increase efforts to prevent family
1214 violence and to adequately punish the guilty party.
1215 10. 11. Provide financial, mental health, and other support
1216 for victims of family violence.
1217 Section 23. Paragraph (b) of subsection (2) of section
1218 288.92, Florida Statutes, is amended to read:
1219 288.92 Divisions of Enterprise Florida, Inc.—
1221 (b)1. The following officers and board members are subject
1222 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
1224 a. Officers and members of the board of directors of the
1225 divisions of Enterprise Florida, Inc.
1226 b. Officers and members of the board of directors of
1227 subsidiaries of Enterprise Florida, Inc.
1228 c. Officers and members of the board of directors of
1229 corporations created to carry out the missions of Enterprise
1230 Florida, Inc.
1231 d. Officers and members of the board of directors of
1232 corporations with which a division is required by law to
1233 contract to carry out its missions.
1234 2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
1235 and (15); 112.3135; and 112.3143(2) to activities of the
1236 officers and members of the board of directors specified in
1237 subparagraph 1., those persons shall be considered public
1238 officers or employees and the corporation shall be considered
1239 their agency.
1240 3. It is not a violation of s. 112.3143(2) or (4) for the
1241 officers or members of the board of directors of the Florida
1242 Tourism Industry Marketing Corporation to:
1243 a. Vote on the 4-year marketing plan required under s.
1244 288.923 or vote on any individual component of or amendment to
1245 the plan.
1246 b. Participate in the establishment or calculation of
1247 payments related to the private match requirements of s.
1248 288.904(3). The officer or member must file an annual disclosure
1249 describing the nature of his or her interests or the interests
1250 of his or her principals, including corporate parents and
1251 subsidiaries of his or her principal, in the private match
1252 requirements. This annual disclosure requirement satisfies the
1253 disclosure requirement of s. 112.3143(4). This disclosure must
1254 be placed either on the Florida Tourism Industry Marketing
1255 Corporation’s website or included in the minutes of each meeting
1256 of the Florida Tourism Industry Marketing Corporation’s board of
1257 directors at which the private match requirements are discussed
1258 or voted upon.
1259 Section 24. Paragraph (d) of subsection (4) of section
1260 288.923, Florida Statutes, is amended to read:
1261 288.923 Division of Tourism Marketing; definitions;
1263 (4) The division’s responsibilities and duties include, but
1264 are not limited to:
1265 (d) Drafting and submitting an annual report required by s.
1266 288.92. The annual report shall set forth for the division and
1267 the direct-support organization:
1268 1. Operations and accomplishments during the fiscal year,
1269 including the economic benefit of the state’s investment and
1270 effectiveness of the marketing plan.
1271 2. The 4-year marketing plan, including recommendations on
1272 methods for implementing and funding the plan.
1273 3. The assets and liabilities of the direct-support
1274 organization at the end of its most recent fiscal year.
1275 4. A copy of the annual financial and compliance audit
1276 conducted under s. 288.1226(7) 288.1226(6).
1277 Section 25. Paragraph (a) of subsection (3) of section
1278 445.003, Florida Statutes, is amended to read:
1279 445.003 Implementation of the federal Workforce Innovation
1280 and Opportunity Act.—
1281 (3) FUNDING.—
1282 (a) Title I, Workforce Innovation and Opportunity Act
1283 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
1284 expended based on the 4-year plan of CareerSource Florida, Inc.
1285 The plan must outline and direct the method used to administer
1286 and coordinate various funds and programs that are operated by
1287 various agencies. The following provisions apply to these funds:
1288 1. At least 50 percent of the Title I funds for Adults and
1289 Dislocated Workers which are passed through to local workforce
1290 development boards shall be allocated to and expended on
1291 Individual Training Accounts unless a local workforce
1292 development board obtains a waiver from CareerSource Florida,
1293 Inc. Tuition, books, and fees of training providers and other
1294 training services prescribed and authorized by the Workforce
1295 Innovation and Opportunity Act qualify as Individual Training
1296 Account expenditures.
1297 2. Fifteen percent of Title I funding shall be retained at
1298 the state level and dedicated to state administration and shall
1299 be used to design, develop, induce, and fund innovative
1300 Individual Training Account pilots, demonstrations, and
1301 programs. Of such funds retained at the state level, $2 million
1302 shall be reserved for the Incumbent Worker Training Program
1303 created under subparagraph 3. Eligible state administration
1304 costs include the costs of funding for the board and staff of
1305 CareerSource Florida, Inc.; operating fiscal, compliance, and
1306 management accountability systems through CareerSource Florida,
1307 Inc.; conducting evaluation and research on workforce
1308 development activities; and providing technical and capacity
1309 building assistance to local workforce development areas at the
1310 direction of CareerSource Florida, Inc. Notwithstanding s.
1311 445.004, such administrative costs may not exceed 25 percent of
1312 these funds. An amount not to exceed 75 percent of these funds
1313 shall be allocated to Individual Training Accounts and other
1314 workforce development strategies for other training designed and
1315 tailored by CareerSource Florida, Inc., including, but not
1316 limited to, programs for incumbent workers, displaced
1317 homemakers, nontraditional employment, and enterprise zones.
1318 CareerSource Florida, Inc., shall design, adopt, and fund
1319 Individual Training Accounts for distressed urban and rural
1321 3. The Incumbent Worker Training Program is created for the
1322 purpose of providing grant funding for continuing education and
1323 training of incumbent employees at existing Florida businesses.
1324 The program will provide reimbursement grants to businesses that
1325 pay for preapproved, direct, training-related costs.
1326 a. The Incumbent Worker Training Program will be
1327 administered by CareerSource Florida, Inc., which may, at its
1328 discretion, contract with a private business organization to
1329 serve as grant administrator.
1330 b. The program shall be administered pursuant to s.
1331 134(d)(4) of the Workforce Innovation and Opportunity Act.
1332 Priority for funding shall be given to businesses with 25
1333 employees or fewer, businesses in rural areas, businesses in
1334 distressed inner-city areas, businesses in a qualified targeted
1335 industry, businesses whose grant proposals represent a
1336 significant upgrade in employee skills, or businesses whose
1337 grant proposals represent a significant layoff avoidance
1339 c. All costs reimbursed by the program must be preapproved
1340 by CareerSource Florida, Inc., or the grant administrator. The
1341 program may not reimburse businesses for trainee wages, the
1342 purchase of capital equipment, or the purchase of any item or
1343 service that may possibly be used outside the training project.
1344 A business approved for a grant may be reimbursed for
1345 preapproved, direct, training-related costs including tuition,
1346 fees, books and training materials, and overhead or indirect
1347 costs not to exceed 5 percent of the grant amount.
1348 d. A business that is selected to receive grant funding
1349 must provide a matching contribution to the training project,
1350 including, but not limited to, wages paid to trainees or the
1351 purchase of capital equipment used in the training project; must
1352 sign an agreement with CareerSource Florida, Inc., or the grant
1353 administrator to complete the training project as proposed in
1354 the application; must keep accurate records of the project’s
1355 implementation process; and must submit monthly or quarterly
1356 reimbursement requests with required documentation.
1357 e. All Incumbent Worker Training Program grant projects
1358 shall be performance-based with specific measurable performance
1359 outcomes, including completion of the training project and job
1360 retention. CareerSource Florida, Inc., or the grant
1361 administrator shall withhold the final payment to the grantee
1362 until a final grant report is submitted and all performance
1363 criteria specified in the grant contract have been achieved.
1364 f. CareerSource Florida, Inc., may establish guidelines
1365 necessary to implement the Incumbent Worker Training Program.
1366 g. No more than 10 percent of the Incumbent Worker Training
1367 Program’s total appropriation may be used for overhead or
1368 indirect purposes.
1369 4. At least 50 percent of Rapid Response funding shall be
1370 dedicated to Intensive Services Accounts and Individual Training
1371 Accounts for dislocated workers and incumbent workers who are at
1372 risk of dislocation. CareerSource Florida, Inc., shall also
1373 maintain an Emergency Preparedness Fund from Rapid Response
1374 funds, which will immediately issue Intensive Service Accounts,
1375 Individual Training Accounts, and other federally authorized
1376 assistance to eligible victims of natural or other disasters. At
1377 the direction of the Governor, these Rapid Response funds shall
1378 be released to local workforce development boards for immediate
1379 use after events that qualify under federal law. Funding shall
1380 also be dedicated to maintain a unit at the state level to
1381 respond to Rapid Response emergencies and to work with state
1382 emergency management officials and local workforce development
1383 boards. All Rapid Response funds must be expended based on a
1384 plan developed by CareerSource Florida, Inc., and approved by
1385 the Governor.
1386 Section 26. Paragraph (b) of subsection (5) of section
1387 445.004, Florida Statutes, is amended to read:
1388 445.004 CareerSource Florida, Inc.; creation; purpose;
1389 membership; duties and powers.—
1390 (5) CareerSource Florida, Inc., shall have all the powers
1391 and authority not explicitly prohibited by statute which are
1392 necessary or convenient to carry out and effectuate its purposes
1393 as determined by statute, Pub. L. No. 113-128, and the Governor,
1394 as well as its functions, duties, and responsibilities,
1395 including, but not limited to, the following:
1396 (b) Providing oversight and policy direction to ensure that
1397 the following programs are administered by the department in
1398 compliance with approved plans and under contract with
1399 CareerSource Florida, Inc.:
1400 1. Programs authorized under Title I of the Workforce
1401 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
1402 exception of programs funded directly by the United States
1403 Department of Labor under Title I, s. 167.
1404 2. Programs authorized under the Wagner-Peyser Act of 1933,
1405 as amended, 29 U.S.C. ss. 49 et seq.
1406 3. Activities authorized under Title II of the Trade Act of
1407 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1408 Adjustment Assistance Program.
1409 4. Activities authorized under 38 U.S.C. chapter 41,
1410 including job counseling, training, and placement for veterans.
1411 5. Employment and training activities carried out under
1412 funds awarded to this state by the United States Department of
1413 Housing and Urban Development.
1414 6. Welfare transition services funded by the Temporary
1415 Assistance for Needy Families Program, created under the
1416 Personal Responsibility and Work Opportunity Reconciliation Act
1417 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1418 of the Social Security Act, as amended.
1419 7. Displaced homemaker programs, provided under s. 446.50.
1420 7. 8. The Florida Bonding Program, provided under Pub. L.
1421 No. 97-300, s. 164(a)(1).
1422 8. 9. The Food Assistance Employment and Training Program,
1423 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1424 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1425 and the Hunger Prevention Act, Pub. L. No. 100-435.
1426 9. 10. The Quick-Response Training Program, provided under
1427 ss. 288.046-288.047. Matching funds and in-kind contributions
1428 that are provided by clients of the Quick-Response Training
1429 Program shall count toward the requirements of s. 288.904,
1430 pertaining to the return on investment from activities of
1431 Enterprise Florida, Inc.
1432 10. 11. The Work Opportunity Tax Credit, provided under the
1433 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
1434 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1435 11. 12. Offender placement services, provided under ss.
1437 Section 27. Subsections (3), (4), and (5) of section
1438 741.01, Florida Statutes, are amended to read:
1439 741.01 County court judge or clerk of the circuit court to
1440 issue marriage license; fee.—
1441 (3) Further, the fee charged for each marriage license
1442 issued in the state shall be increased by an additional sum of
1443 $7.50 to be collected upon receipt of the application for the
1444 issuance of a marriage license. The clerk shall transfer such
1445 funds monthly to the Department of Revenue for deposit in the
1446 Displaced Homemaker Trust Fund created in s. 446.50.
1447 (3) (4) An additional fee of $25 shall be paid to the clerk
1448 upon receipt of the application for issuance of a marriage
1449 license. The moneys collected shall be remitted by the clerk to
1450 the Department of Revenue, monthly, for deposit in the General
1451 Revenue Fund.
1452 (4) (5) The fee charged for each marriage license issued in
1453 the state shall be reduced by a sum of $25 $ 32.50 for all
1454 couples who present valid certificates of completion of a
1455 premarital preparation course from a qualified course provider
1456 registered under s. 741.0305(5) for a course taken no more than
1457 1 year prior to the date of application for a marriage license.
1458 For each license issued that is subject to the fee reduction of
1459 this subsection, the clerk is not required to transfer the sum
1460 of $7.50 to the Department of Revenue for deposit in the
1461 Displaced Homemaker Trust Fund pursuant to subsection (3) or to
1462 transfer the sum of $25 to the Department of Revenue for deposit
1463 in the General Revenue Fund.
1464 Section 28. Section 741.011, Florida Statutes, is amended
1465 to read:
1466 741.011 Installment payments.—An applicant for a marriage
1467 license who is unable to pay the fees required under s. 741.01
1468 in a lump sum may make payment in not more than three
1469 installments over a period of 90 days. The clerk shall accept
1470 installment payments upon receipt of an affidavit that the
1471 applicant is unable to pay the fees in a lump-sum payment. Upon
1472 receipt of the third or final installment payment, the marriage
1473 license application shall be deemed filed, and the clerk shall
1474 issue the marriage license to the applicant and distribute the
1475 fees as provided in s. 741.01. In the event that the marriage
1476 license fee is paid in installments, the clerk shall retain $1
1477 from the additional fee imposed pursuant to s. 741.01(3)
1478 741.01(4), as a processing fee.
1479 Section 29. This act shall take effect July 1, 2017.