Florida Senate - 2014                                    SB 1270
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00557A-14                                          20141270__
    1                        A bill to be entitled                      
    2         An act relating to economic incentive programs;
    3         amending s. 20.055, F.S.; revising definitions;
    4         amending s. 288.075, F.S.; providing that certain
    5         information disclosed or published in a specified
    6         manner is no longer confidential and exempt from
    7         public record requirements; amending s. 288.076, F.S.;
    8         requiring the Department of Economic Opportunity to
    9         contract with an independent third party to verify
   10         compliance with economic development incentive
   11         requirements; requiring the department to publish
   12         results of the independent third party review within a
   13         specified period; amending s. 288.901, F.S.; deleting
   14         a provision excluding the board of directors of
   15         Enterprise Florida, Inc., from a provision prohibiting
   16         solicitation and acceptance of certain gifts; amending
   17         s. 288.9015, F.S.; requiring a two-thirds vote for
   18         certain contracts executed by Enterprise Florida,
   19         Inc.; amending s. 288.904, F.S.; reducing state
   20         operational funding to Enterprise Florida, Inc., under
   21         certain circumstances; amending s. 288.905, F.S.;
   22         requiring a person appointed president of the board of
   23         directors of Enterprise Florida, Inc., to be confirmed
   24         by the Senate; providing requirements for incentive
   25         payments made to employees of Enterprise Florida,
   26         Inc.; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (a) and (b) of subsection (1) of
   31  section 20.055, Florida Statutes, are amended to read:
   32         20.055 Agency inspectors general.—
   33         (1) For the purposes of this section:
   34         (a) “State agency” means each department created pursuant
   35  to this chapter, and also includes the Executive Office of the
   36  Governor, the Department of Military Affairs, the Fish and
   37  Wildlife Conservation Commission, the Office of Insurance
   38  Regulation of the Financial Services Commission, the Office of
   39  Financial Regulation of the Financial Services Commission, the
   40  Public Service Commission, the Board of Governors of the State
   41  University System, the Florida Housing Finance Corporation,
   42  Enterprise Florida, Inc., and the state courts system.
   43         (b) “Agency head” means the Governor, a Cabinet officer, a
   44  secretary as defined in s. 20.03(5), or an executive director as
   45  defined in s. 20.03(6). It also includes the chair of the Public
   46  Service Commission, the Director of the Office of Insurance
   47  Regulation of the Financial Services Commission, the Director of
   48  the Office of Financial Regulation of the Financial Services
   49  Commission, the board of directors of the Florida Housing
   50  Finance Corporation, the chairperson of the board of directors
   51  of Enterprise Florida, Inc., and the Chief Justice of the State
   52  Supreme Court.
   53         Section 2. Present subsection (7) of section 288.075,
   54  Florida Statutes, is redesignated as subsection (8), and a new
   55  subsection (7) is added to that section, to read:
   56         288.075 Confidentiality of records.—
   57         (7) INFORMATION REQUIRED TO BE PUBLISHED.—Any information
   58  deemed confidential and exempt from s. 119.07(1) and s. 24(a),
   59  Art. I of the State Constitution by subsections (2), (4), and
   60  (6) which is thereafter published or disclosed by the department
   61  pursuant to s. 288.076 is no longer confidential or exempt,
   62  regardless of whether other information related to the same
   63  business or project remains confidential and exempt.
   64         Section 3. Present subsections (9) and (10) of section
   65  288.076, Florida Statutes, are redesignated as subsections (10)
   66  and (11), respectively, and a new subsection (9) is added to
   67  that section, to read:
   68         288.076 Return on investment reporting for economic
   69  development programs.—
   70         (9) The department shall procure and execute a contract for
   71  an independent third party to annually verify that each business
   72  that receives an economic development incentive satisfies the
   73  requirements of the incentive agreement. The independent third
   74  party contractor shall perform the functions and conduct the
   75  activities necessary to verify compliance with the performance
   76  terms of each economic development incentive contract. The
   77  department shall publish on its website the results of each
   78  audit performed by the independent third party within 48 hours
   79  after receiving the results.
   80         Section 4. Paragraph (c) of subsection (1) of section
   81  288.901, Florida Statutes, is amended to read:
   82         288.901 Enterprise Florida, Inc.—
   83         (1) CREATION.—
   84         (c) The Legislature determines that it is in the public
   85  interest for the members of Enterprise Florida, Inc., board of
   86  directors to be subject to the requirements of ss. 112.3135,
   87  112.3143(2), and 112.313, excluding s. 112.313(2),
   88  notwithstanding the fact that the board members are not public
   89  officers or employees. For purposes of those sections, the board
   90  members shall be considered to be public officers or employees.
   91  The exemption set forth in s. 112.313(12) for advisory boards
   92  applies to the members of Enterprise Florida, Inc., board of
   93  directors. Further, each member of the board of directors who is
   94  not otherwise required to file financial disclosures pursuant to
   95  s. 8, Art. II of the State Constitution or s. 112.3144, shall
   96  file disclosure of financial interests pursuant to s. 112.3145.
   97         Section 5. Paragraph (c) of subsection (2) of section
   98  288.9015, Florida Statutes, is amended to read:
   99         288.9015 Powers of Enterprise Florida, Inc.; board of
  100  directors.—
  101         (2) The board of directors of Enterprise Florida, Inc.,
  102  may:
  103         (c) Make and enter into contracts and other instruments
  104  necessary or convenient for the exercise of its powers and
  105  functions. A contract executed by Enterprise Florida, Inc., with
  106  a person or organization under which such person or organization
  107  agrees to perform economic development services or similar
  108  business assistance services on behalf of Enterprise Florida,
  109  Inc., or the state must include provisions requiring a
  110  performance report on the contracted activities and must account
  111  for the proper use of funds provided under the contract,
  112  coordinate with other components of state and local economic
  113  development systems, and avoid duplication of existing state and
  114  local services and activities. A contract executed by Enterprise
  115  Florida, Inc., with an organization must be approved by a two
  116  thirds vote of the entire board of directors of Enterprise
  117  Florida, Inc., if one or more employees, agents, officers,
  118  directors, shareholders, principals, or consultants of the
  119  organization is a member of the board of directors of Enterprise
  120  Florida, Inc., or if one or more employees, agents, officers,
  121  directors, shareholders, principals, or consultants of an
  122  affiliate or subsidiary of the organization is a member of the
  123  board of directors of Enterprise Florida, Inc. A board member of
  124  Enterprise Florida, Inc., so affiliated may not vote on such
  125  contract.
  126         Section 6. Paragraph (c) is added to subsection (2) of
  127  section 288.904, Florida Statutes, to read:
  128         288.904 Funding for Enterprise Florida, Inc.; performance
  129  and return on the public’s investment.—
  130         (2)
  131         (c) For any fiscal year in which private sector support in
  132  operating Enterprise Florida, Inc., and its divisions does not
  133  equal at least 100 percent of the state operational funding,
  134  Enterprise Florida, Inc., may not receive 100 percent of the
  135  state operational funding. Instead, Enterprise Florida, Inc.,
  136  shall receive the larger of:
  137         1. Fifty percent of the state operational funding
  138  appropriated; or
  139         2. State operational funding in an amount equal to private
  140  sector support.
  141         Section 7. Subsections (1) and (4) of section 288.905,
  142  Florida Statutes, are amended, and subsection (5) is added to
  143  that section, to read:
  144         288.905 President and employees of Enterprise Florida,
  145  Inc.—
  146         (1) The board of directors of Enterprise Florida, Inc.,
  147  shall appoint a president, subject to confirmation by the
  148  Senate, who shall serve at the pleasure of the Governor. The
  149  president shall also be known as the “secretary of commerce” and
  150  shall serve as the Governor’s chief negotiator for business
  151  recruitment and business expansion.
  152         (4) An No employee of Enterprise Florida, Inc., may not
  153  receive compensation for employment which that exceeds the
  154  salary paid to the Governor, unless the board of directors and
  155  the employee have executed a contract that specifies prescribes
  156  specific, measurable performance outcomes for the employee, the
  157  satisfaction of which provides the basis for the award of
  158  incentive payments that increase the employee’s total
  159  compensation to a level above the salary paid to the Governor.
  160         (5) Enterprise Florida, Inc., may award an employee
  161  incentive payments for reaching goals or obtaining specified
  162  results. However, such goals or results must be quantifiable,
  163  measureable, and verifiable. An employee may not earn an
  164  incentive payment based on projected or unconfirmed results. In
  165  addition, Enterprise Florida, Inc., may not award any employee
  166  an incentive payment for results related to a contract requiring
  167  a two-thirds vote under s. 288.9015(2)(c).
  168         Section 8. This act shall take effect July 1, 2014.