Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1714
       
       
       
       
       
       
                                Ì4063669Î406366                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2018           .                                
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       The Committee on Commerce and Tourism (Perry) recommended the
       following:
       
    1         Senate Amendment to Amendment (655428) (with title
    2  amendment)
    3  
    4         Delete lines 322 - 584
    5  and insert:
    6         (1)DEFINITIONS.—For purposes of this section, the term:
    7         (a)“Local governmental entity” means the county or
    8  municipality on whose behalf the tourism promotion agency
    9  engages in tourism promotion activity.
   10         (b)“Promote tourism development” means using public funds
   11  to promote or perform the activities described in s.
   12  125.0104(5).
   13         (c)“Tourism promotion agency” means an entity, including,
   14  but not limited to, an agency as defined in s. 119.011, that
   15  receives public funds to promote tourism development on behalf
   16  of one or more local governmental entities.
   17         1. The term also includes any local governmental entity or
   18  any entity under contract with one or more local governmental
   19  entities to promote tourism development on behalf of such local
   20  governmental entity or entities through the expenditure of
   21  public funds.
   22         2.For purposes of this section, the Florida Tourism
   23  Industry Marketing Corporation and the Department of Economic
   24  Opportunity are not considered tourism promotion agencies.
   25         (2)OPERATION.—A tourism promotion agency must operate in
   26  accordance with the following:
   27         (a)Directors, officers, and members of the board of
   28  directors of a tourism promotion agency shall disclose to the
   29  board any activity that may reasonably be construed to be a
   30  conflict of interest.
   31         (b)Board members shall serve without compensation.
   32         (c)Officers, employees, or agents, including the president
   33  or chief executive officer, may not receive compensation from
   34  public funds for the performance of tourism promotion-related
   35  duties, responsibilities, or services in an amount that exceeds
   36  the annual compensation of the chief administrative or executive
   37  officer or employee of the local governmental entity on whose
   38  behalf such duties, responsibilities, or services are performed.
   39  Any payments of performance bonuses or severance pay to
   40  officers, employees, or agents from public funds are prohibited
   41  unless specifically authorized by law.
   42         (3) TRANSPARENCY.—
   43         (a)All contracts entered into by a tourism promotion
   44  agency must include:
   45         1. The purpose of the contract.
   46         2.Specific performance standards and responsibilities for
   47  each entity.
   48         3.A detailed project or contract budget, if applicable.
   49         4.The value of any services provided.
   50         5.The projected travel and entertainment expenses for
   51  employees and board members, if applicable.
   52         (b)1.A tourism promotion agency shall submit to the
   53  governing body of the local governmental entity, within 45 days
   54  after the end of its fiscal year, a complete and detailed report
   55  setting forth all public and private financial data of the
   56  tourism promotion agency, and shall publish such report on its
   57  website.
   58         2.The financial data must include:
   59         a.The total amount of revenue received from public and
   60  private sources.
   61         b. The operating budget.
   62         c.The total amount of salary, benefits, and other
   63  compensation provided by the tourism promotion agency to its
   64  officers, employees, or agents, regardless of the funding
   65  source.
   66         d.An itemized account of all expenditures, including all
   67  travel and entertainment expenditures.
   68         e.All contracts with a total contract value of $5,000 or
   69  more.
   70         (c)A tourism promotion agency that fails to comply with
   71  the transparency and accountability requirements of this
   72  subsection may not receive or expend public funds until it
   73  becomes fully compliant.
   74         (d)The local governmental entity shall maintain and
   75  provide online access to all of the information required under
   76  this subsection and s. 125.0104(4)(f). Each local governmental
   77  entity shall provide the Department of Economic Opportunity with
   78  the specific website address where the required information is
   79  published and maintained online, and the Department of Economic
   80  Opportunity shall publish and maintain a single online directory
   81  that lists each local governmental entity and the specific
   82  website address where such required information may be located.
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85  And the title is amended as follows:
   86         Delete lines 726 - 767
   87  and insert:
   88         accounts and records; creating s. 288.0751, F.S.;
   89         defining terms; providing requirements for the
   90         operation of economic development agencies; requiring
   91         specified persons to file an annual disclosure of
   92         certain interests; providing requirements for such
   93         disclosure; requiring board members to serve without
   94         compensation; authorizing per diem and travel expenses
   95         for certain persons paid from specified funds;
   96         prohibiting specified persons from receiving pubic
   97         compensation in excess of a certain amount;
   98         prohibiting certain performance bonuses and severance
   99         pay except under certain circumstances; subjecting
  100         certain persons to a specified code of ethics;
  101         requiring an economic development agency to take
  102         certain actions regarding a significant potential
  103         conflict of interest; limiting lodging expenses for
  104         certain persons; providing an exception; authorizing
  105         certain persons to expend their own funds in excess of
  106         the lodging expense limit; prohibiting the expenditure
  107         of economic development agency funds on certain items
  108         unless authorized by law; prohibiting specified
  109         persons from accepting certain items from specified
  110         entities under certain circumstances; requiring that
  111         contracts include specified information; requiring
  112         that certain contracts be submitted to the governing
  113         body of the local governmental entity and published on
  114         such entity’s website within a certain timeframe;
  115         prohibiting an economic development agency from
  116         executing certain contracts without obtaining a
  117         majority vote of the governing body of the local
  118         governmental entity; requiring an economic development
  119         agency to submit a report of financial data to the
  120         governing body of a local governmental entity and
  121         publish such report on its website within a certain
  122         timeframe; requiring that the financial data include
  123         certain items; requiring that an economic development
  124         agency’s website contain certain information;
  125         specifying that certain records are public records;
  126         requiring an economic development agency to provide
  127         online access to certain information; requiring an
  128         economic development agency to provide the Department
  129         of Economic Opportunity with a certain website
  130         address; requiring the department to publish and
  131         maintain a directory of certain information;
  132         prohibiting an economic development agency from
  133         receiving or expending public funds while in violation
  134         of certain requirements; requiring the Auditor General
  135         to conduct certain audits and report to certain
  136         persons if certain violations are found; providing
  137         that it is unlawful to knowingly and willfully make
  138         materially false or misleading statements, provide
  139         false or misleading information, fail to report
  140         certain information, or purposefully avoid specified
  141         requirements; providing civil and criminal penalties;
  142         providing applicability; requiring a local
  143         governmental entity to cease and desist from
  144         transferring or providing public funds to an economic
  145         development agency that fails to comply with this
  146         section; creating s. 288.12261, F.S.; defining terms;
  147         providing requirements for the operation of tourism
  148         promotion agencies; requiring board members to serve
  149         without compensation; prohibiting specified persons
  150         from receiving public compensation in excess of a
  151         certain amount; prohibiting certain performance
  152         bonuses and severance pay except under certain
  153         circumstances; requiring that contracts include
  154         specified information; requiring a tourism promotion
  155         agency to submit a report of financial data to the
  156         governing body of the local governmental entity and
  157         publish such report on its website within a certain
  158         timeframe; requiring that the financial data include
  159         certain items; prohibiting a tourism promotion agency
  160         from receiving or expending public funds while in
  161         violation of certain requirements; requiring a local
  162         governmental entity to maintain and provide online
  163         access to certain information; requiring a local
  164         governmental entity to provide the department with a
  165         certain website address; requiring the department to
  166         publish and maintain a directory of certain
  167         information; amending s. 125.0104, F.S.; requiring