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.