Florida Senate - 2018                                    SB 1754
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01645A-18                                          20181754__
    1                        A bill to be entitled                      
    2         An act relating to workforce retention; creating s.
    3         559.952, F.S.; providing a short title; creating s.
    4         559.9521, F.S.; providing definitions; creating s.
    5         559.9522, F.S.; requiring certain employers that
    6         intend to relocate out of state or cease operation to
    7         notify the Department of Business and Professional
    8         Regulation within a specified period; providing a
    9         penalty; requiring the department to compile a
   10         semiannual list of employers that relocate out of
   11         state or cease operation; creating s. 559.9523, F.S.;
   12         providing that such employers are ineligible for state
   13         grants, loans, or tax benefits for a specified period;
   14         requiring such employers to remit certain funds to the
   15         department under certain circumstances; providing
   16         exceptions; creating s. 559.9524, F.S.; requiring the
   17         head of each state agency to ensure that certain
   18         services are performed by state contractors within the
   19         state; requiring compliance by certain contractors by
   20         a specified date; creating s. 559.9525, F.S.;
   21         providing construction; providing a directive to the
   22         Division of Law Revision and Information; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 559.952, Florida Statutes, is created to
   28  read:
   29         559.952Short title.—Sections 559.952-559.9525 may be cited
   30  as the “Florida Jobs Retention Act of 2018.”
   31         Section 2. Section 559.9521, Florida Statutes, is created
   32  to read:
   33         559.9521Definitions.—As used in this act, the term:
   34         (1)“Employer” means a business enterprise that:
   35         (a)Has been in operation in this state for at least 6
   36  months;
   37         (b)Employs 75 or more individuals who, in the aggregate,
   38  work at least 1,500 hours per week, not including hours of
   39  overtime, for the purpose of providing customer service or
   40  conducting back-office operations; and
   41         (c)Receives any direct or indirect state grant, state
   42  guaranteed loan, or state tax benefit.
   43         (2)“Department” means the Department of Business and
   44  Professional Regulation.
   45         Section 3. Section 559.9522, Florida Statutes, is created
   46  to read:
   47         559.9522Employers intending to relocate out of state or
   48  cease operation.—
   49         (1)NOTICE REQUIREMENT.—An employer that intends to:
   50         (a)Relocate a Florida business, or one or more facilities
   51  or operating units within such business comprising at least 30
   52  percent of the business’s or operating unit’s total volume when
   53  measured against the previous 12-month average volume of
   54  operations, out of the state; or
   55         (b)Cease operation of such business, facilities, or
   56  operating units
   57  
   58  must notify the department at least 180 days before such
   59  relocation or cessation.
   60         (2)PENALTY.—An employer that violates subsection (1) is
   61  subject to a civil penalty of up to $10,000 per day for each day
   62  the employer failed to provide the notice required under
   63  subsection (1). However, the department may reduce the penalty
   64  amount if just cause is shown.
   65         (3)LIST COMPILATION.—The department shall compile and
   66  publish on its website a semiannual list of all employers that
   67  relocate or cease operation as described in subsection (1).
   68         Section 4. Section 559.9523, Florida Statutes, is created
   69  to read:
   70         559.9523Grants and guaranteed loans.—
   71         (1)INELIGIBILITY.—Except as provided in subsection (3) and
   72  notwithstanding any other law, an employer included on the list
   73  described in s. 559.9522 is ineligible for any direct or
   74  indirect state grant, state-guaranteed loan, or state tax
   75  benefit for 5 years after the date such list is published.
   76         (2)REVERSION.—Except as provided in subsection (3) and
   77  notwithstanding any other law, an employer included on the list
   78  described in s. 559.9522 shall remit to the department the
   79  remaining prorated value of any state grant, state-guaranteed
   80  loan, state tax benefit, or any other state governmental support
   81  received on or after the effective date of this act.
   82         (3)EXCEPTIONS.—The department, in consultation with the
   83  appropriate state agency providing a loan, grant, or tax
   84  benefit, may waive the requirements of this section if the
   85  employer applying for such loan, grant, or benefit demonstrates
   86  that returning such loan, grant, or benefit would result in:
   87         (a)Substantial job loss in this state; or
   88         (b)Harm to the environment.
   89         Section 5. Section 559.9524, Florida Statutes, is created
   90  to read:
   91         559.9524In-state procurement.—The head of each state
   92  agency shall ensure that all state-business-related customer
   93  service work is performed by state contractors or their agents
   94  or subcontractors entirely within the state. A state contractor
   95  who currently performs state-business-related customer service
   96  work outside the state must comply with this act within 2 years
   97  after the effective date of this act. If such a contractor hires
   98  additional customer service employees who will perform work on
   99  state agency contracts, those new employees must immediately be
  100  employed within the state.
  101         Section 6. Section 559.9525, Florida Statutes, is created
  102  to read:
  103         559.9525State benefits for workers.—This act may not be
  104  construed to allow withholding or denial of payments,
  105  compensation, or benefits under any other state law, including
  106  state unemployment compensation, disability payments, or worker
  107  retraining or readjustment funds, to workers employed by
  108  employers that relocate out of this state or that cease
  109  operation.
  110         Section 7. The Division of Law Revision and Information is
  111  directed to replace the phrase “the effective date of this act”
  112  wherever it occurs in this act with the date the act becomes
  113  effective.
  114         Section 8. This act shall take effect 240 days after
  115  becoming a law.