Florida Senate - 2012 SB 1870 By Senator Rich 34-01186-12 20121870__ 1 A bill to be entitled 2 An act relating to corporate transparency in the state 3 budget; providing a short title; providing 4 definitions; requiring each granting body and 5 applicant for a development subsidy to complete an 6 application on a form prepared by the Department of 7 Economic Opportunity; prescribing information that 8 must be contained in the application; establishing 9 procedures and public notice and hearing requirements; 10 requiring each contracting agency and applicant for a 11 contract bid to complete an application prepared by 12 the Department of Economic Opportunity; prescribing 13 the contents of the application; establishing 14 procedures and public notice and hearing requirements; 15 prescribing measurable standards; requiring each 16 granting body and recipient of a subsidy to complete 17 an annual economic development subsidy report on a 18 form prepared by the Department of Economic 19 Opportunity; detailing the criteria for the report; 20 requiring a biennial report; requiring the publication 21 of the data derived from those reports by the 22 department in written and electronic formats and on 23 the department’s website; requiring a final agency 24 report; providing for the imposition of fines for the 25 failure to provide certain information; requiring 26 annual and biennial reports on contracts involving the 27 contracting agency and the contract recipient; 28 prescribing details of those reports; requiring the 29 publication of the data derived from those reports by 30 the department in written and electronic formats and 31 on the department’s website; requiring a final agency 32 report; providing for the imposition of fines for the 33 failure to provide certain information; authorizing 34 the Auditor General to conduct an audit of contractor 35 performance under a contract entered into with a state 36 contracting agency; providing parameters for the 37 audit; providing a taxpayer remedy to compel 38 enforcement of the provisions of the act and 39 authorizing reasonable attorney fees and costs to a 40 prevailing taxpayer or organization; requiring the 41 Department of Economic Opportunity to compile and 42 report an annual tax expenditure budget with revenue 43 impacts equal to or exceeding a certain amount; 44 establishing criteria for the budget; requiring the 45 Department of Economic Opportunity to submit a report 46 to the Governor and Legislature assessing certain 47 credits, abatements, exemptions, and reductions; 48 providing criteria for the report; providing for the 49 publication of data from the report; requiring the 50 unified reporting of public contracts by a contracting 51 agency; establishing criteria for those reports; 52 requiring the Department of Economic Opportunity to 53 compile data concerning annual contracts and to report 54 the data to the Governor and Legislature; requiring 55 publication of the data by the department in written 56 and electronic formats and on the department’s 57 website; requiring each property taxing entity to 58 submit an annual report for a property receiving tax 59 abatement or reduction during the fiscal year to the 60 Department of Economic Opportunity; prescribing 61 requirements for the report; requiring the department 62 to annually publish the data contained in the reports 63 in written and electronic formats and on the 64 department’s website; authorizing the Department of 65 Revenue to withhold tax reductions or abatements from 66 a delinquent taxing entity that fails to file reports; 67 providing a taxpayer remedy to compel enforcement of 68 the provisions of the act and authorizing reasonable 69 attorney fees and costs to a prevailing taxpayer or 70 organization; clarifying that the act may not be 71 construed to require or authorize a recipient 72 corporation to reduce wages or benefits established 73 under a collective bargaining agreement or state or 74 federal wage law; requiring certain corporations doing 75 business in the state to file a tax disclosure 76 statement with the Department of Revenue; specifying 77 when the statement shall be filed and the contents of 78 the statement; requiring certain information that must 79 be reported or used in preparing certain tax returns; 80 providing an alternative statement option for certain 81 corporations; permitting supplemental information; 82 requiring a revised tax disclosure statement when a 83 corporation files an amended tax return; requiring 84 that the Department of Revenue make the tax disclosure 85 statements available to the public through a 86 searchable database accessible through the Internet; 87 providing that the accuracy of the statements be 88 attested to by the chief operating officer of the 89 corporation and subject to an audit by the Department 90 of Revenue; requiring the Department of Revenue to 91 develop an oversight and penalty system and publish 92 the name and penalty imposed upon a corporation; 93 authorizing rulemaking authority; providing an 94 effective date. 95 96 Be It Enacted by the Legislature of the State of Florida: 97 98 Section 1. This act may be cited as the “Corporate 99 Transparency in the State Budget Act.” 100 Section 2. Definitions.—As used in this act, the term: 101 (1) “Consulting services” means work that a person other 102 than a regular employee of a state contracting agency or local 103 contracting agency does for or on behalf of the agency in return 104 for compensation provided under the terms of a public contract. 105 The work may include, but is not limited to: 106 (a) Performing or providing research, analysis, 107 assessments, data processing or computer programming, training 108 or education, accounting, audits or evaluations, treatment, or 109 security; 110 (b) Giving professional advice or recommendations; 111 (c) Designing business or communications processes, 112 procedures, methods, or strategies; or 113 (d) Other work related to the functions of the state 114 contracting agency or local contracting agency. 115 (2) “Contract” means any expenditure of public funds of at 116 least $25,000 for the purpose of establishing an agreement or 117 outlining a transaction between an entity and a government body 118 to perform a specific service for compensation. 119 (3) “Contracting agency” means any agency of the state or a 120 local government unit that awards contracts. 121 (4) “Contractor” means any person other than a regular 122 employee of a state contracting agency or local contracting 123 agency who performs work for or on behalf of the agency in 124 return for compensation provided under the terms of a public 125 contract. 126 (5) “Corporate parent” means any person, association, 127 corporation, joint venture, partnership, or other entity that 128 owns or controls 50 percent or more of a recipient corporation. 129 (6) “Corporation” means any entity subject to the tax 130 levied by chapter 220, Florida Statutes, or by section 11 of the 131 Internal Revenue Code of 1986, as amended, except that the term 132 “qualified personal service corporation,” as defined in section 133 448 of the Internal Revenue Code of 1986, as amended, is exempt 134 from this act. 135 (7) “Date of subsidy” means: 136 (a) The date that a granting body provides the initial 137 monetary value of a development subsidy to a recipient 138 corporation; 139 (b) If the subsidy is for the installation of new 140 equipment, the date the recipient corporation puts the equipment 141 into service; or 142 (c) If the subsidy is for improvements to property, the 143 date the improvements are finished or the date the corporation 144 occupies the property, whichever is earlier. 145 (8) “Development subsidy” means any expenditure of public 146 funds with a value of at least $25,000 for the purpose of 147 stimulating economic development within the state, including, 148 but not limited to, bonds, grants, loans, loan guarantees, 149 enterprise zones, empowerment zones, tax increment financing, 150 grants, fee waivers, land price subsidies, matching funds, tax 151 abatements, tax exemptions, and tax credits. 152 (9) “Doing business in this state” means owning or renting 153 real or tangible personal property physically located in this 154 state; having employees, agents, or representatives acting on 155 the corporation’s behalf in this state; making sales of tangible 156 personal property to purchasers that take possession of such 157 property in this state; performing services for customers 158 located in this state; performing services in this state; 159 earning income from intangible property that has a business site 160 in this state; engaging in regular and systematic solicitation 161 of sales in this state; being a partner in a partnership engaged 162 in any of the preceding activities in this state; or being a 163 member of a limited liability company engaged in any of the 164 preceding activities in this state. 165 (10) “Full-time job” means a job in which an individual is 166 employed by a recipient corporation for at least 35 hours per 167 week. 168 (11) “Granting body” means any agency, board, commission, 169 office, public benefit corporation, or public authority of the 170 state or a local government unit that provides a development 171 subsidy. 172 (12) “Local government unit” means an agency, board, 173 commission, office, public benefit corporation, or public 174 authority of a political subdivision of the state. 175 (13) “Part-time job” means a job in which an individual is 176 employed by a recipient corporation for less than 35 hours per 177 week. 178 (14) “Project site” means the site of a project for which 179 any development subsidy is provided. 180 (15) “Property taxing entity” means any entity that levies 181 taxes upon real or personal property. 182 (16) “Recipient contractor” means any person, association, 183 corporation, joint venture, partnership, or other entity that is 184 awarded a contract bid. 185 (17) “Recipient corporation” means any person, association, 186 corporation, joint venture, partnership, or other entity that 187 receives a development subsidy. 188 (18) “Small business” means a corporation whose corporate 189 parent, and all subsidiaries thereof, employed fewer than 20 190 full-time employees or had total gross receipts of less than $1 191 million during the calendar year. 192 (19) “State” means an agency, board, commission, office, 193 public benefit corporation, or public benefit authority of the 194 state. 195 (20) “Subsidy value” means the face value of any and all 196 development subsidies provided to a recipient corporation. 197 (21) “Tax expenditure” means a statutory provision, however 198 denominated, that exempts certain persons, property, goods, or 199 services, in whole or in part, from the operation of a tax. 200 (22) “Tax expenditure budget” means a compilation of 201 information about the state’s tax expenditures that includes 202 data from the previous, current, and upcoming fiscal year. 203 (23) “Temporary job” means a job in which an individual is 204 hired for a season or for a limited period of time. 205 Section 3. Applicant and recipient corporation reporting.— 206 (1) APPLICATION FOR ECONOMIC DEVELOPMENT SUBSIDIES.— 207 (a) Each granting body, together with the applicant for a 208 development subsidy, shall complete an application for the 209 subsidy on a form prepared by the Department of Economic 210 Opportunity. The information required on the application shall 211 include the following: 212 1. An application tracking number for the granting body and 213 the project. 214 2. The name, street and mailing address, and phone number 215 of the chief officer of the granting body. 216 3. The name, street and mailing address, and phone number 217 of the chief officer of the applicant’s corporate parent. 218 4. The name, street and mailing address, and phone number 219 of the chief officer of the applicant. 220 5. The name, street and mailing address, and phone number 221 of the granting body official responsible for monitoring the 222 subsidy. 223 6. The street address of the project site. 224 7. The name, type, and description of the economic 225 development subsidy. 226 8. The three-digit North American Industry Classification 227 System number of the project site. 228 9. The total number of individuals employed by the 229 applicant at the project site on the date of the application, 230 broken down by full-time, part-time, and temporary positions. 231 10. The total number of individuals employed in the state 232 by the applicant’s corporate parent, and all subsidiaries 233 thereof, as of December 31 of the prior fiscal year, broken down 234 by full-time, part-time, and temporary positions. 235 11. The development subsidy or subsidies being applied for 236 with the granting body, the value of such subsidy or subsidies, 237 the name of any other granting body from which development 238 subsidies are sought or obtained, and the aggregate value of all 239 development subsidies requested or received from all sources. 240 12. The number of new jobs to be created by the applicant 241 at the project site, broken down by full-time, part-time, and 242 temporary positions. 243 13. The average hourly wage to be paid to all current and 244 new employees at the project site, broken down by full-time, 245 part-time, and temporary positions, and further broken down by 246 wage groups as follows: minimum wage to $10 per hour, $10.01 to 247 $12 per hour, and $12.01 or more per hour. 248 14. The type and amount of health care coverage to be 249 provided by the applicant within 90 days after commencement of 250 employment at the project site, including any costs to be borne 251 by the employees. 252 15. The number of current employees provided health care 253 benefits. 254 16. The number of current employees and anticipated new 255 employees represented by collective bargaining. 256 17. For project sites located in a Metropolitan Statistical 257 Area, as defined by the federal Office of Management and Budget, 258 the average hourly wage paid to nonmanagerial employees in the 259 state for the industries involved at the project, as established 260 by the United States Bureau of Labor Statistics. 261 18. For project sites located outside of Metropolitan 262 Statistical Areas, the average weekly wage paid to nonmanagerial 263 employees in the county for industries involved at the project, 264 as established by the United States Department of Commerce. 265 19. Whether the project will be Leadership in Energy and 266 Environmental Design (LEED) certified and, if so, the project’s 267 LEED rating. 268 20. The start and end dates for the economic development 269 subsidy. 270 21. The project site’s proximity to mass transit, a 271 regional rail line, or a major highway off-ramp. 272 22. A statement as to whether the development subsidy may 273 reduce employment at any other site controlled by the applicant 274 or its corporate parent, within or outside the state, resulting 275 from automation, merger, acquisition, corporate restructuring, 276 or another business activity. 277 23. A statement confirming the subsidy applicant’s past 278 legal compliance, including compliance with minimum wage, 279 employee rights, and affirmative action laws. 280 24. A statement as to whether the project involves the 281 relocation of work from another address and, if so, the number 282 of jobs to be relocated and the address from which they are to 283 be relocated. 284 25. The projected net tax revenue accruing to the local 285 government unit as a result of the economic development subsidy. 286 26. Any material documents, such as insurance policies, 287 rating agency reports, or other pertinent documents, that are 288 necessary to ensure the subsidy is reasonably crafted and geared 289 towards its public interest within a cofinanced or leveraged 290 project. 291 27. The projected subsidy value. 292 28. A certification by the chief officer of the applicant 293 as to the accuracy of the application. 294 (b) If the granting body approves the application, it shall 295 send a copy to the department within 15 days after such 296 approval. If the application is not approved, the granting body 297 shall retain the application in its records. 298 (c) Before granting an economic development subsidy, each 299 local government unit shall provide public notice and a hearing 300 regarding the economic development subsidy. A public hearing and 301 notice are not required under this subsection if a hearing and 302 notice regarding the economic development subsidy are otherwise 303 required by law. 304 (2) APPLICATION FOR CONTRACT BID.— 305 (a) Each contracting agency, together with the applicant 306 for a contract bid, shall complete an application for the 307 contract on a form prepared by the Department of Economic 308 Opportunity. The information required on the application shall 309 include the following: 310 1. An application tracking number for the contracting 311 agency and the contract. 312 2. The name, street and mailing address, and phone number 313 of the chief officer of the contracting agency. 314 3. The name, street and mailing address, and phone number 315 of the chief officer of the applicant’s corporate parent. 316 4. The name, street and mailing address, and phone number 317 of the chief officer of the applicant. 318 5. The name, street and mailing address, employer, and 319 employment category or job description of each person that will 320 provide consulting services under the contract, including 321 subcontractors. 322 6. The name, street and mailing address, and phone number 323 of the contracting agency official responsible for monitoring 324 the contract. 325 7. The three-digit North American Industry Classification 326 System number of the entity applying for a bid. 327 8. The type of service required by the contract. 328 9. The total number of individuals employed by the 329 applicant on the date of the application, broken down by full 330 time, part-time, and temporary positions. 331 10. The total number of individuals employed in the state 332 by the applicant’s corporate parent, and all subsidiaries 333 thereof, as of December 31 of the previous fiscal year, broken 334 down by full-time, part-time, and temporary positions. 335 11. The bids being applied for with the contracting agency, 336 the value of the contract or contracts, the name of any other 337 contracting agencies from which bids are sought or obtained, and 338 the aggregate value of all bids requested or received from all 339 sources. 340 12. The number of contractors or subcontractors needed to 341 perform the required services, broken down by full-time, part 342 time, and temporary positions. 343 13. The types of services the contractor, subcontractor, 344 and any other contract employees provide. 345 14. The average hourly wage to be paid to each contractor, 346 subcontractor, and contract employee, broken down by full-time, 347 part-time, and temporary positions, and further broken down by 348 wage groups as follows: minimum wage to $10 per hour, $10.01 to 349 $12 per hour, and $12.01 or more per hour. 350 15. The number of hours each person, including each 351 subcontractor and contract employee, is expected to work 352 providing consulting services to the agency under the terms of 353 the contract. 354 16. The total compensation of each contractor and 355 subcontractor. 356 17. The type and amount of health care coverage to be 357 provided by the applicant within 90 days after commencement of 358 the contract, including any costs that will be borne by the 359 employees. 360 18. The number of contractors or subcontractors associated 361 with the contract represented by collective bargaining. 362 19. For applicants based in a Metropolitan Statistical 363 Area, as defined by the federal Office of Management and Budget, 364 the average hourly wage paid to nonmanagerial employees in the 365 state for the industries involved at the project, as established 366 by the United States Bureau of Labor Statistics. 367 20. For applicants based outside of a Metropolitan 368 Statistical Area, the average weekly wage paid to nonmanagerial 369 employees in the county for industries involved at the project, 370 as established by the United States Department of Commerce. 371 21. The start and end dates for the contract. 372 22. A statement confirming the applicant’s past legal 373 compliance, including compliance with minimum wage, employee 374 rights, and affirmative action laws. 375 23. The projected savings accruing to the contracting 376 agency. 377 24. The projected total cost of the contract. 378 25. A certification by the chief officer of the applicant 379 as to the accuracy of the application. 380 (b) If the contracting agency approves the bid, it shall 381 send a copy to the Department of Economic Opportunity within 15 382 days after the approval. If the application is not approved, the 383 granting body shall retain the application in its records. 384 (c) Before approving a contract bid, each contracting 385 agency shall provide public notice and a hearing regarding the 386 contract bid. A public hearing and notice are not required under 387 this subsection if a hearing and notice regarding the contract 388 bid are otherwise required by law. 389 Section 4. Reports on subsidies and contracts.— 390 (1) ESTABLISHMENT OF MEASURABLE STANDARDS.— 391 (a) Before entering into a public contract, a contracting 392 agency shall establish measurable standards for assessing the 393 quality of the goods or services, personal services, personal 394 property, public improvements or public works, alterations, 395 repairs, or maintenance that a contractor will provide or 396 perform under the contract. The contracting agency may develop 397 the quality standards applicable to the public contract in 398 cooperation with or as a result of negotiations with the 399 contractor to which the contracting agency has awarded the 400 public contract. Unless the contracting agency for good cause 401 specifies otherwise, the quality standards may not be less than 402 the highest standards prevalent in the industry or business most 403 closely involved in providing the appropriate goods or services, 404 personal services, personal property, public improvements, 405 public works, alterations, repairs, or maintenance. 406 (b) If a contracting agency performs a cost analysis before 407 a procurement for goods or services with an estimated contract 408 price that exceeds $25,000, that analysis will be a public 409 record open to personal inspection and copying at reasonable 410 times. The contracting agency shall provide a comparison of the 411 findings of the cost analysis with the actual cost of the 412 contract in its annual and biennial report as described in 413 subsection (3). 414 (2) REPORT ON ECONOMIC DEVELOPMENT SUBSIDIES.— 415 (a) Annual reports.— 416 1. Each granting body, together with the recipient of the 417 subsidy, shall complete a report for the subsidy on a form 418 prepared by the Department of Economic Opportunity no later than 419 30 days after the beginning of the fiscal year. The report shall 420 include the following information: 421 a. The application tracking number. 422 b. The name, street and mailing addresses, phone number, 423 and chief officer of the granting body. 424 c. The name, street and mailing addresses, phone number, 425 and chief officer of the recipient corporation. 426 d. The name, street and mailing address, and phone number 427 of the granting body official responsible for monitoring the 428 subsidy. 429 e. A summary of the number of jobs required, created, and 430 lost, broken down by full-time, part-time, and temporary 431 positions. 432 f. The name, type, and description of the economic 433 development subsidy. 434 g. The average hourly wage to be paid to all current and 435 new employees at the project site, broken down by full-time, 436 part-time, and temporary positions, and further broken down by 437 wage groups as follows: minimum wage to $10 per hour, $10.01 to 438 $12 per hour, and $12.01 or more per hour. 439 h. The location of employees by zip code. 440 i. The type and amount of health care coverage provided to 441 the employees at the project site, including any costs borne by 442 the employees. 443 j. The number of current employees represented by 444 collective bargaining. 445 k. Whether the project will be LEED-certified and, if so, 446 the project’s LEED rating. 447 l. The start and end dates and schedule for the economic 448 development subsidy. 449 m. The project site’s proximity to mass transit, a regional 450 rail line, or a major highway off-ramp. 451 n. The comparison of the total employment in the state by 452 the recipient’s corporate parent on the date of the application 453 and the date of the report, broken down by full-time, part-time, 454 and temporary positions. 455 o. A statement as to whether the use of the development 456 subsidy during the previous fiscal year has reduced employment 457 at any other site controlled by the recipient corporation or its 458 corporate parent, within or outside the state, as a result of 459 automation, merger, acquisition, corporate restructuring, or 460 another business activity. 461 p. A statement as to whether any affordable housing has 462 been displaced by the project. 463 q. A statement as to whether the project has involved the 464 relocation of work from another address and, if so, the number 465 of jobs relocated and the address from which they were 466 relocated. 467 r. All sources of public and private financing in relation 468 to the project. 469 s. Any cost analysis or feasibility study that may have 470 been conducted by the state or granting body before the subsidy 471 was awarded. 472 t. Any material documents, such as insurance policies, 473 rating agency reports, or other pertinent documents, that are 474 necessary to ensure the subsidy is reasonably crafted and geared 475 towards its public interest within a cofinanced or leveraged 476 project. 477 u. The net tax revenue accruing to the local government 478 unit as a result of the economic development subsidy. 479 v. The total subsidy value. 480 w. The recorded action, if any, that the granting body has 481 taken against potential noncompliance. 482 x. A signed certification by the chief officer of the 483 recipient corporation as to the accuracy of the progress report. 484 2. The granting body shall compile the data specified in 485 subparagraph 1. and file an annual progress report with the 486 Department of Economic Opportunity for each project for which a 487 development subsidy has been granted no later than 60 days after 488 the start of the fiscal year. 489 3. On all subsequent annual progress reports, the granting 490 body shall indicate whether the recipient corporation is still 491 in compliance with its job creation and wage and benefit goals, 492 and whether the corporate parent is still in compliance with its 493 state employment requirement. 494 4. Granting bodies and recipient corporations shall file 495 annual progress reports for the duration of the subsidy. 496 (b) Two-year report.— 497 1. No later than 15 days after the second anniversary of 498 the date of the subsidy, the granting body shall file with the 499 Department of Economic Opportunity a 2-year progress report 500 including the same information as required in paragraph (a). The 501 recipient corporation shall certify as to the accuracy of such 502 report. 503 2. The granting body shall state in the 2-year report 504 whether the recipient corporation has achieved its job creation 505 and wage and benefit goals, and whether the corporate parent has 506 maintained 90 percent of its employment in the state. 507 (c) Publication of data.—The department shall compile and 508 publish all data from the progress reports in both written and 509 electronic form, including publishing the data on the 510 department’s website. The website shall provide an easily 511 accessible, searchable database of the specified data. 512 (d) Final report by agency.—The local government unit shall 513 provide a final report at the conclusion of each economic 514 development subsidy that shall contain the information described 515 in paragraph (a) in written form available to the public and 516 available through its website. The local government unit’s 517 website shall provide an easily accessible, searchable database 518 of the specified data. 519 (e) Access and availability.—The granting body and the 520 department shall have access at all reasonable times to the 521 project site and the records of the recipient corporation in 522 order to monitor the project and to prepare progress reports. 523 (f) Fines.—A recipient corporation that fails to provide 524 the granting body with the information or access required under 525 paragraphs (a) and (b) is subject to a fine of not less than 526 $500 per day if it has not provided the granting body with the 527 necessary information 30 days after the start of each fiscal 528 year. 529 (3) REPORT ON CONTRACTS.— 530 (a) Annual reports.— 531 1. Each contracting agency, together with the contract 532 recipient, shall complete a report for the contract on a form 533 prepared by the Department of Economic Opportunity no later than 534 30 days after the start of the fiscal year. The report shall 535 include the following information: 536 a. An application tracking number for the contracting 537 agency for the service. 538 b. The name, street and mailing address, and phone number 539 of the chief officer of the contracting agency. 540 c. The name, street and mailing address, and phone number 541 of the chief officer of the applicant’s corporate parent. 542 d. The name, street and mailing address, and phone number 543 of the chief officer of the applicant. 544 e. The name, street and mailing address, employer, and 545 employment category or job description of each person that 546 provided consulting services under the contract, including 547 subcontractors. 548 f. The name, street and mailing address, and phone number 549 of the contracting agency official responsible for monitoring 550 the contract. 551 g. The three-digit North American Industry Classification 552 System number of the entity applying for a bid. 553 h. The procedure the agency used to solicit and award the 554 contract. The report shall note whether the procedure involved 555 competitive bidding or competitive proposals and summarize the 556 extent to which the procedure sought to and succeeded in 557 soliciting bids or proposals from minorities, women, or emerging 558 small businesses. 559 i. The type of service required by the contract. 560 j. The total number of individuals employed by the 561 applicant on the date of the application and the date of the 562 report, broken down by full-time, part-time, and temporary 563 positions. 564 k. The total number of individuals employed in the state by 565 the applicant’s corporate parent, and all subsidiaries thereof, 566 as of December 31 of the previous fiscal year, broken down by 567 full-time, part-time, and temporary positions. 568 l. The bids applied for with the contracting agency, the 569 value of such contract or contracts, the name of any other 570 contracting agencies from which bids were sought or obtained, 571 and the aggregate value of all bids requested or received from 572 all sources. 573 m. The number of contractors, subcontractors, and contract 574 employees who performed required services, broken down by full 575 time, part-time, and temporary positions. 576 n. The types of services the contractor, subcontractor, and 577 any contract employees provided. 578 o. The average hourly wage paid to each contractor, 579 subcontractor, and contract employee, broken down by full-time, 580 part-time, and temporary positions, and further broken down by 581 wage groups as follows: minimum wage to $10 per hour, $10.01 to 582 $12 per hour, and $12.01 or more per hour. 583 p. The number of hours each person, including each 584 subcontractor, worked in providing consulting services to the 585 agency under the terms of the contract. 586 q. The total compensation of each contractor, 587 subcontractor, and contract employee. 588 r. A summary of each amendment to the contract that changed 589 the contract term, the contract price or estimated total value, 590 the nature of the consulting services, or the identity of a 591 person providing consulting services under the contract, 592 including the identity of subcontractors. 593 s. The type and amount of health care coverage provided by 594 the applicant within 90 days after commencement of the contract, 595 including any costs to be borne by the employees. 596 t. The number of contractors or subcontractors associated 597 with the contract represented by collective bargaining. 598 u. For applicants based in a Metropolitan Statistical Area, 599 as defined by the federal Office of Management and Budget, the 600 average hourly wage paid to nonmanagerial employees in the state 601 for the industries involved at the project, as established by 602 the United States Bureau of Labor Statistics. 603 v. For applicants based outside of Metropolitan Statistical 604 Areas, the average weekly wage paid to nonmanagerial employees 605 in the county for industries involved at the project, as 606 established by the United States Department of Commerce. 607 w. The start and end dates for the contract. 608 x. A statement confirming the applicant’s past legal 609 compliance, including compliance with minimum wage, employee 610 rights, and affirmative action laws. 611 y. The savings accrued to the contracting agency. 612 z. The total cost of the contract. 613 aa. A cost analysis, if previously conducted by a state or 614 contracting agency. 615 bb. A comparison of the actual cost with the findings of a 616 cost analysis, if previously conducted by the contracting 617 agency. 618 cc. A copy of the actual contract and any revisions or 619 amendments. 620 dd. A certification by the chief officer of the applicant 621 as to the accuracy of the application. 622 2. Each contracting agency shall compile the data specified 623 in subparagraph 1. and file an annual progress report with the 624 department for each contract no later than 60 days after the 625 start of the fiscal year. 626 3. On all subsequent annual progress reports, the 627 contracting agency shall indicate whether the recipient 628 corporation is still in compliance with its savings, wage, and 629 benefit goals, and whether the recipient corporation has met the 630 measurable standards set by the department. 631 4. The contracting agency and recipient contractors shall 632 file annual progress reports for the duration of the contract. 633 (b) Two-year report.— 634 1. No later than 15 days after the second anniversary of 635 the date of the contract, the contracting agency shall file with 636 the Department of Economic Opportunity a 2-year progress report 637 including the same information as required under paragraph (a). 638 The recipient contractor shall certify as to the accuracy of the 639 report. 640 2. The contracting agency shall state in the 2-year 641 progress report whether the recipient contractor has achieved 642 its savings, wage, and benefit goals, and whether it has met the 643 measurable standards set by the department. 644 (c) Publication of data.—The department shall compile and 645 publish all data from the progress reports in both written and 646 electronic form, including publishing the data on the 647 department’s website. The website shall provide an easily 648 accessible, searchable database of the specified data. 649 (d) Final report by agency.—The contracting agency shall 650 provide a final report at the conclusion of each economic 651 development subsidy that shall contain the information described 652 in paragraph (a) in written form available to the public and 653 published on its website. The local government unit’s website 654 shall provide an easily accessible, searchable database of the 655 specified data. 656 (e) Access and availability.—The contracting agency and the 657 department shall have access at all reasonable times to the 658 project site and the records of the recipient corporation in 659 order to monitor the project and to prepare progress reports. 660 (f) Fines.—A recipient contractor that fails to provide the 661 contracting agency with the information or access required under 662 paragraphs (a) and (b) is subject to a fine of not less than 663 $500 per day, if it has not provided the agency with the 664 necessary information 30 days after the beginning of each fiscal 665 year. 666 (4) CONTRACT AUDITS.— 667 (a) The Auditor General has authority to audit a 668 contractor’s performance under a public contract into which a 669 state contracting agency enters. The audit shall use generally 670 accepted accounting principles and may: 671 1. Examine the contractor’s books, papers, correspondence, 672 and other records related to the public contract. 673 2. Assess whether the contractor has met the standards set 674 forth in the public contract under paragraph (1)(a). 675 3. Determine whether the contractor has met commercial 676 standards of good faith and fair dealing in the contractor’s 677 course of dealing with the contracting agency. 678 4. Examine other issues that the department deems germane 679 to assessing the contractor’s performance under the public 680 contract. 681 (b) A state contracting agency may request the Auditor 682 General to audit a contractor’s performance under a public 683 contract for any reason and at any point during which the public 684 contract is in effect or for a period of 6 years after the date 685 on which the public contract terminates. 686 (c) The terms of a public contract shall require a 687 contractor to keep books, papers, and other records and to 688 document the contractor’s performance under the terms of the 689 public contract, with particular reference to the contractor’s 690 compliance with the standards set forth in the public contract, 691 in as much detail as will enable the Auditor General to conduct 692 an audit under this section. The contractor shall keep the 693 records described in this paragraph for a minimum of 6 years 694 after the date on which the public contract terminates. 695 (d) A local contracting agency shall designate a person who 696 will have the authority to audit contractor performance under a 697 public contract into which the local contracting agency enters. 698 The person the local contracting agency authorizes to conduct 699 the audit shall do so in accordance with the standards 700 prescribed in this section and shall follow as closely as 701 practicable the procedures employed by the Auditor General. 702 (e) The contracting agency and the contractor shall 703 cooperate with the auditing agency in all respects and shall 704 permit full access to all information that the auditing agency 705 deems necessary for a true and complete review. 706 (5) PRIVATE ENFORCEMENT ACTION.—If a granting body or 707 contracting agency fails to enforce any provision of this 708 section, any individual who paid personal income taxes to the 709 state in the calendar year prior to the year in dispute, or any 710 organization representing such taxpayers, shall be entitled to 711 bring a civil action in state court to compel enforcement under 712 this section. The court shall award reasonable attorney fees and 713 costs to such prevailing taxpayer or organization. 714 Section 5. Unified reporting.— 715 (1) UNIFIED TAX EXPENDITURE BUDGET.— 716 (a) No later than 60 days after the end of the fiscal year, 717 the Department of Economic Opportunity shall compile a tax 718 expenditure budget for the previous fiscal year and present the 719 tax expenditure budget, including an analysis of tax 720 expenditures, to the Governor and the Legislature. The tax 721 expenditure budget shall report on tax expenditures with revenue 722 impacts equal to or greater than $5,000 in the aggregate for a 723 specific tax expenditure, and shall include: 724 1. The amount of uncollected state tax revenues resulting 725 from every tax credit, abatement, exemption, and reduction 726 provided by the state or a local governmental unit, including, 727 but not limited to, gross receipts, income, sales, use, raw 728 materials, excise, property, utility, and inventory taxes. 729 2. The name of each corporate taxpayer that claimed any tax 730 credit, abatement, exemption, or reduction under subsection (1) 731 of any value equal to or greater than $5,000, together with the 732 dollar amount received by each such corporation. 733 3. A projection of the costs of tax expenditures for all 734 significant general revenue fund sources. 735 4. Identification of each tax expenditure and its statutory 736 basis, purpose, year of enactment, and date of repeal, if any. 737 5. Identification, to the extent possible, of the 738 beneficiaries of each tax expenditure, including the number of 739 businesses that used the tax expenditure and the number of 740 businesses that potentially qualified for but failed to use the 741 tax expenditure. 742 6. Identification of any unintended consequences of the tax 743 expenditure that have come to the attention of the department. 744 7. An estimate of total state revenue distributed for tax 745 expenditures in the current fiscal year. 746 8. An estimate of total state revenue to be distributed for 747 tax expenditures in the upcoming fiscal year. 748 9. The total cost to the state of tax expenditures 749 resulting from the development subsidies, the costs for each 750 category of tax expenditure, and the amounts of tax expenditures 751 by geographical area. 752 10. The cost to the state of all appropriated expenditures 753 for development subsidies, including line-item budgets for every 754 state-funded entity concerned with economic development. 755 (b) Any tax credit, abatement, exemption, or reduction 756 received by a corporation of less than $5,000 each shall not be 757 itemized. The department shall report an aggregate dollar amount 758 of such expenditures and the number of companies so aggregated 759 for each tax expenditure. 760 (c) The department may request from a state agency or an 761 official from a local governmental unit information necessary to 762 complete the tax expenditure budget required by this section. 763 The agency or official shall comply with a request made pursuant 764 to this section by the department. 765 (d) Before the conclusion of any tax expenditure under 766 paragraph (a) of any value equal to or greater than $5,000, the 767 department shall submit a report to the Governor and the 768 Legislature to assess whether to reappraise the particular tax 769 credit, abatement, exemption, or reduction, and the report shall 770 include: 771 1. A statement of the purpose served by the tax 772 expenditure. 773 2. An appraisal of the tax expenditure’s effectiveness in 774 serving its purpose. 775 3. An evaluation of whether the tax expenditure serves a 776 public need. 777 4. An evaluation of whether other statutes have enhanced or 778 impeded the tax expenditure’s effectiveness in serving its 779 purpose. 780 5. An appraisal of whether the tax expenditure promotes 781 economic growth and development. 782 6. An estimate of the amount of revenue lost each fiscal 783 year because of the tax expenditure. 784 7. A recommendation as to whether the tax expenditure 785 should be allowed to expire or be renewed. 786 8. Any other relevant information. 787 (e) The department shall compile and publish all data from 788 the report in both written and electronic form, including 789 publishing the data on the department’s website. The website 790 shall provide an easily accessible, searchable database of the 791 specified data. 792 (2) UNIFIED REPORTING OF CONTRACTS.— 793 (a) For the aggregated total of public contracts, each 794 contracting agency must provide a comprehensive report to the 795 department no later than 3 months after the end of the fiscal 796 year detailing: 797 1. The total number of contracts that the agency awarded in 798 the previous fiscal year, along with the total expenditures for 799 all such contracts up until the date on which the agency 800 produced the report, including, but not limited to, contracts 801 for: 802 a. Consulting. 803 b. Construction. 804 c. Equipment. 805 d. Grants. 806 e. Leases. 807 f. Miscellaneous services. 808 g. Printing. 809 h. Repayment agreements. 810 i. Intergovernmental agreements. 811 j. Goods. 812 2. The total workforce of the agency. 813 3. The total number of persons, including subcontractors, 814 that provided consulting services to the agency. 815 4. A calculation of contractors as a percentage of the 816 total agency workforce. 817 5. The total number of minorities, women, or emerging small 818 businesses that provided consulting services to the agency. 819 6. The total number of bids or proposals the agency 820 received in connection with each contract. 821 7. A description of the types of contracts the agency 822 awarded. 823 8. The frequency of contracts awarded during the previous 824 fiscal year arranged by the number of bids or proposals and the 825 source selection method. 826 9. The number of contracts disapproved by the agency during 827 the previous fiscal year and the reasons for disapproval 828 arranged by agency and source selection method, and the number 829 and outcome of bid protests. 830 10. The total compensation the agency paid to each person, 831 including subcontractors, that provided consulting services to 832 the agency under all contracts the agency awarded to the person. 833 11. The average wages paid. 834 12. The total savings the agency accrued from using 835 contractors. 836 13. The estimated number and costs of contracts to be 837 awarded in the following fiscal year. 838 14. The total cost of all contracts awarded. 839 15. A comparison of the number of contracts the agency 840 solicited and awarded independently to the number of contracts 841 the agency solicited and awarded in connection with a 842 cooperative procurement process. The comparison must also show 843 the sum of the contract prices or estimated dollar values of the 844 contracts solicited and awarded independently, together with the 845 sum of the agency’s expenditures for the contracts up until the 846 date on which the agency produced the report, compared to the 847 corresponding sums for contracts solicited and awarded in 848 connection with cooperative procurements. 849 (b) The department shall compile the data in paragraph (a) 850 and provide to the Governor and the Legislature a comprehensive 851 presentation of the data, as well as the costs of all contracts 852 to the state during the prior fiscal year, an estimate of the 853 anticipated costs of contracts for the then-current fiscal year, 854 and an estimate of the costs of all contracts for the fiscal 855 year of the requested budget. 856 (c) The department shall compile and publish all data from 857 the report in both written and electronic form, including 858 publishing the data on the department’s website. The website 859 shall provide an easily accessible, searchable database of the 860 specified data. 861 (3) UNIFIED REPORTING OF PROPERTY TAX REDUCTIONS AND 862 ABATEMENTS.— 863 (a) Each property taxing entity shall annually submit a 864 report to the Department of Economic Opportunity regarding any 865 real property in the entity’s jurisdiction that has received a 866 property tax abatement or reduction during the fiscal year. The 867 report shall contain information, including, but not limited to: 868 1. The name of the property owner. 869 2. The address of the property and the start and end dates 870 of the property tax reduction or abatement. 871 3. The schedule of the tax reduction. 872 4. Each tax abatement, reduction, and exemption for the 873 property. 874 5. The amount of property tax revenue not paid to the 875 taxing entity as a result of the reduction or abatement. 876 (b) Each property taxing entity shall also submit a report 877 to the department setting forth the total property tax revenue 878 not paid to such entity during the fiscal year as a result of 879 all property tax reductions and abatements in the entity’s 880 jurisdiction. 881 (c) The reports required under paragraphs (a) and (b) shall 882 be prepared on two forms developed by the department and shall 883 be submitted to the department by the property taxing entity no 884 later than 3 months after the end of the fiscal year. 885 (d) The department shall annually compile and publish all 886 of the data contained in the reports required under paragraphs 887 (a) and (b) in both written and electronic form, including 888 publishing the data on the department’s website. The website 889 shall provide an easily accessible, searchable database of the 890 specified data. 891 (e) If a property taxing entity fails to submit its reports 892 to the department within the prescribed time, the department 893 shall notify the Department of Revenue, and the Department of 894 Revenue shall withhold further tax reductions or abatements to 895 the delinquent entity until the entity files its reports with 896 the department. 897 (4) PRIVATE ENFORCEMENT ACTION.—If a granting body or 898 contracting agency fails to enforce any provision of this 899 section, any individual who paid personal income taxes to the 900 state in the calendar year prior to the year in dispute, or any 901 organization representing such taxpayers, shall be entitled to 902 bring a civil action in state court to compel enforcement under 903 this section. The court shall award reasonable attorney fees and 904 costs to such prevailing taxpayer or organization. 905 (5) PREEMPTION.—This act may not be construed to require or 906 authorize any recipient corporation to reduce wages or benefits 907 established under any collective bargaining agreement or state 908 or federal prevailing wage law. 909 Section 6. Corporate tax disclosure.— 910 (1) TAX DISCLOSURE STATEMENT REQUIRED.—If doing business in 911 this state, the following corporations shall file with the 912 Department of Revenue the statement described in subsection (2): 913 (a) All publicly traded corporations, including 914 corporations traded on foreign stock exchanges. 915 (b) All corporations 50 percent or more of the voting stock 916 of which is owned, directly or indirectly, by a publicly traded 917 corporation. 918 (2) CONTENT OF TAX DISCLOSURE STATEMENT.— 919 (a) The statement required by subsection (1) shall be filed 920 annually in an electronic format specified by the department 921 within 30 days after the filing of the tax return required by 922 chapter 220, Florida Statutes, or, in the case of a corporation 923 not required to file such a tax return, within 90 days after the 924 filing of such corporation’s federal tax return, including such 925 corporation’s inclusion in a federal consolidated return. The 926 statement shall contain the following information: 927 1. The name of the corporation and the street address of 928 its principal executive office. 929 2. If different from the information required in 930 subparagraph 1., the name of any corporation that owns, directly 931 or indirectly, 50 percent or more of the voting stock of the 932 corporation and the street address of the former corporation’s 933 principal executive office. 934 3. The corporation’s three-digit North American Industry 935 Classification System code number. 936 4. A unique code number, assigned by the Department of 937 Revenue, to identify the corporation, which code number shall 938 remain constant from year to year. 939 (b) The following information shall be reported on or used 940 in preparing a corporation’s tax return filed under chapter 220, 941 Florida Statutes, or, for a corporation included in a state 942 consolidated tax return, the following information shall be 943 reported on or used in preparing the state consolidated tax 944 return filed under chapter 220, Florida Statutes, or, for a 945 corporation not required to file a tax return under chapter 220, 946 Florida Statutes, the following information, which would be 947 required to be reported on or used in preparing the tax return 948 if the corporation was required to file such a return: 949 1. Federal taxable income. 950 2. Total cost of goods sold and claimed as a deduction from 951 gross income. 952 3. Taxable income prior to net operating loss deductions or 953 apportionment. 954 4. Property, payroll, and sales apportionment factors. 955 5. Calculated overall apportionment factor in the state. 956 6. Total business income apportioned to the state. 957 7. Net operating loss deduction, if any. 958 8. Total nonbusiness income and the amount of nonbusiness 959 income allocated to the state. 960 9. Florida net income. 961 10. Total tax before credits. 962 11. Tax credits claimed with each credit individually 963 enumerated. 964 12. Alternative minimum tax, if applicable. 965 13. Tax due. 966 14. Tax paid. 967 15. Amount of tax due paid under protest, if applicable. 968 (c) The following additional information shall also be 969 reported on or used in preparing the corporation’s tax return: 970 1. The total deductions for management services fees, rent, 971 royalty, interest, license fees, and similar payments for the 972 use of intangible property paid to any affiliated entity that is 973 not included in the state consolidated income tax return, if 974 any, that includes the corporation, and the names and principal 975 executive office addresses of the entities to which the payments 976 were made. 977 2. The sales factor that would be calculated for this state 978 if the corporation or consolidated group was required to treat 979 as sales in this state sales of tangible personal property to 980 the Federal Government and sales of tangible personal property 981 shipped or delivered to a customer in a state in which the 982 selling corporation is not subject to a state corporate income 983 tax or state franchise tax measured by net income or could not 984 be subjected to such a tax if the state was to impose it. 985 3. A description of the source of any nonbusiness income 986 reported on the return and the identification of the state to 987 which such income was reported. 988 4. A listing of all corporations included in the 989 consolidated tax return that includes the corporation, if such a 990 return is filed, and their state identification numbers assigned 991 under the provisions of this section. 992 5. The full-time equivalent employment of the corporation 993 in the state on the last day of the tax year for which the 994 return is being filed and for the previous 3 tax years. 995 6. In the case of a publicly traded corporation 996 incorporated in the United States or an affiliate of such a 997 publicly traded corporation, the profits before the tax reported 998 on the Securities and Exchange Commission Form 10-K for the 999 corporation or the consolidated group of which the corporation 1000 is a member for the corporate fiscal year that contains the last 1001 day of the tax year for which the return is filed. 1002 7. The property and payroll factors for this state 1003 calculated as required by the Uniform Division of Income for Tax 1004 Purposes Act as embodied in Article IV of the Multistate Tax 1005 Compact and Multistate Tax Commission regulations applying 1006 thereto. 1007 8. The accumulated tax credit carryovers, enumerated by 1008 credit. 1009 (3) ALTERNATIVE STATEMENT OPTION FOR CORPORATIONS NOT 1010 REQUIRED TO FILE TAX RETURN.—In lieu of the statement described 1011 in subsection (2), a corporation doing business in this state 1012 but not required to file a tax return under chapter 220, Florida 1013 Statutes, may elect to file a statement with the Department of 1014 Revenue containing the following information: 1015 (a) The information specified in paragraph (2)(a). 1016 (b) An explanation of why the corporation is not required 1017 to file a corporate income tax return in this state, which 1018 explanation may take the form of checking one or more possible 1019 explanations on a document drafted by the department. 1020 (c) Identification of which of the following ranges the 1021 corporation’s total gross receipts from sales to purchasers in 1022 this state fell into in the tax year for which the statement is 1023 filed: 1024 1. Less than $10 million. 1025 2. $10 million to $50 million, inclusive. 1026 3. More than $50 million but less than $100 million. 1027 4. $100 million to $250 million, inclusive. 1028 5. More than $250 million. 1029 (4) SUPPLEMENTAL INFORMATION PERMITTED.—Any corporation 1030 submitting a statement required by this section shall be 1031 permitted to submit supplemental information that, in its sole 1032 judgment, could facilitate proper interpretation of the 1033 information included in the statement. The mechanisms of public 1034 dissemination of the information contained in the statements 1035 described in subsection (6) shall ensure that any such 1036 supplemental information be publicly available and that 1037 notification of its availability shall be made to any person 1038 seeking information contained in a statement. 1039 (5) AMENDED TAX DISCLOSURE STATEMENTS REQUIRED.—If a 1040 corporation files an amended tax return, the corporation shall 1041 file a revised statement under this section within 60 calendar 1042 days after the amended return is filed. If a corporation’s tax 1043 liability for a tax year is changed as the result of an 1044 uncontested audit adjustment or final determination of 1045 liability, the corporation shall file a revised statement under 1046 this section within 60 calendar days after the final 1047 determination of liability. 1048 (6) PUBLIC ACCESS TO TAX DISCLOSURE STATEMENTS.—The 1049 statements required under this section are public record. The 1050 Department of Revenue shall make all information contained in 1051 the statements required under this section for all filing 1052 corporations available to the public on an ongoing basis in the 1053 form of a searchable database accessible through the Internet. 1054 The Department of Revenue shall make available and set charges 1055 that cover the cost to the state of providing copies on 1056 appropriate computer-readable media of the entire database for 1057 statements filed during each calendar year as well as hard 1058 copies of an individual annual statement for a specific 1059 corporation. 1060 (7) ENFORCING COMPLIANCE.—The accuracy of the statements 1061 required under this section shall be attested to in writing by 1062 the chief operating officer of the corporation and shall be 1063 subject to audit by the Department of Revenue in the course of 1064 and under the normal procedures applicable to corporate income 1065 tax return audits. The Department of Revenue shall develop and 1066 implement an oversight and penalty system applicable to both the 1067 chief operating officer of the corporation and the corporation 1068 itself to ensure that corporations doing business in this state, 1069 including those not required to file a return under chapter 220, 1070 Florida Statutes, provide the required attestation and 1071 disclosure statements, respectively, in a timely and accurate 1072 manner. The Department of Revenue shall publish the name and 1073 penalty imposed upon any corporation subject to a penalty for 1074 failing to file the required statement or filing an inaccurate 1075 statement. 1076 Section 7. Rulemaking authority.—The Department of Economic 1077 Opportunity and the Department of Revenue shall adopt rules 1078 pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to 1079 implement the provisions of this act conferring duties upon 1080 them. 1081 Section 8. This act shall take effect July 1, 2012.