Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 1306
Ì536208*Î536208
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Montford) recommended the
following:
1 Senate Substitute for Amendment (561354) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Paragraph (x) is added to subsection (3) of
7 section 11.45, Florida Statutes, to read:
8 11.45 Definitions; duties; authorities; reports; rules.—
9 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
10 General may, pursuant to his or her own authority, or at the
11 direction of the Legislative Auditing Committee, conduct audits
12 or other engagements as determined appropriate by the Auditor
13 General of:
14 (x) The Florida Tourism Industry Marketing Corporation.
15 Section 2. (1) The Florida Tourism Industry Marketing
16 Corporation may enter into an agreement with the Department of
17 Economic Opportunity to continue any existing program, activity,
18 duty, or function necessary for the operation of the
19 corporation.
20 (2) Any funds held in trust which were donated to or earned
21 by the Florida Tourism Industry Marketing Corporation may be
22 used by the corporation for the original purposes for which the
23 funds were received.
24 (3) It is the intent of the Legislature that the changes
25 made by this act be accomplished with minimal disruption of
26 services provided to the public and with minimal disruption to
27 employees of any organization.
28 Section 3. Section 272.11, Florida Statutes, is amended to
29 read:
30 272.11 Capitol information center.—The Department of
31 Economic Opportunity Enterprise Florida, Inc., shall establish,
32 maintain, and operate a Capitol information center somewhere
33 within the area of the Capitol Center and employ personnel or
34 enter into contracts to maintain same. The department may
35 contract with VISIT Florida for the management and operation of
36 the Capitol information center.
37 Section 4. Subsections (1) and (3) of section 288.017,
38 Florida Statutes, are amended to read:
39 288.017 Cooperative advertising matching grants program.—
40 (1) The department Enterprise Florida, Inc., is authorized
41 to establish a cooperative advertising matching grants program
42 and, pursuant thereto, to make expenditures and enter into
43 contracts with local governments and nonprofit corporations for
44 the purpose of publicizing the tourism advantages of the state.
45 The department, based on recommendations from Enterprise
46 Florida, Inc., shall have final approval of grants awarded
47 through this program. The department Enterprise Florida, Inc.,
48 may contract with VISIT Florida its direct-support organization
49 to administer the program.
50 (3) The department Enterprise Florida, Inc., shall conduct
51 an annual competitive selection process for the award of grants
52 under the program. In determining its recommendations for the
53 grant awards, the department commission shall consider the
54 demonstrated need of the applicant for advertising assistance,
55 the feasibility and projected benefit of the applicant’s
56 proposal, the amount of nonstate funds that will be leveraged,
57 and such other criteria as the department commission deems
58 appropriate. In evaluating grant applications, the department
59 shall consider recommendations from Enterprise Florida, Inc. The
60 department, however, has final approval authority for any grant
61 under this section.
62 Section 5. Section 288.1226, Florida Statutes, is amended
63 to read:
64 288.1226 Florida Tourism Industry Marketing Corporation;
65 use of property; board of directors; duties; audit.—
66 (1) DEFINITIONS.—For the purposes of this section, the term
67 “corporation” means the Florida Tourism Industry Marketing
68 Corporation.
69 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
70 Corporation is a direct-support organization of the Department
71 of Economic Opportunity Enterprise Florida, Inc.
72 (a) The Florida Tourism Industry Marketing Corporation is a
73 corporation not for profit, as defined in s. 501(c)(6) of the
74 Internal Revenue Code of 1986, as amended, that is incorporated
75 under the provisions of chapter 617 and approved by the
76 Department of State.
77 (b) The corporation is organized and operated exclusively
78 to request, receive, hold, invest, and administer property and
79 to manage and make expenditures for the operation of the
80 activities, services, functions, and programs of this state
81 which relate to the statewide, national, and international
82 promotion and marketing of tourism.
83 (c)1. The corporation is not an agency for the purposes of
84 chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
85 relating to leasing of buildings; ss. 283.33 and 283.35,
86 relating to bids for printing; s. 215.31; and parts I, II, and
87 IV-VIII of chapter 112. However, the corporation shall comply
88 with the per diem and travel expense provisions of s. 112.061.
89 2. It is not a violation of s. 112.3143(2) or (4) for the
90 officers or members of the board of directors of the corporation
91 to:
92 a. Vote on the 4-year marketing plan required under s.
93 288.923 or vote on any individual component of or amendment to
94 the plan.
95 b. Participate in the establishment or calculation of
96 payments related to the private match requirements of subsection
97 (6). The officer or member must file an annual disclosure
98 describing the nature of his or her interests or the interests
99 of his or her principals, including corporate parents and
100 subsidiaries of his or her principals, in the private match
101 requirements. This annual disclosure requirement satisfies the
102 disclosure requirement of s. 112.3143(4). This disclosure must
103 be placed on the corporation’s website or included in the
104 minutes of each meeting of the corporation’s board of directors
105 at which the private match requirements are discussed or voted
106 upon.
107 (d) The corporation is subject to the provisions of chapter
108 119, relating to public meetings, and those provisions of
109 chapter 286 relating to public meetings and records.
110 (3) USE OF PROPERTY.—The Department of Economic Opportunity
111 Enterprise Florida, Inc.:
112 (a) Is authorized to permit the use of property and
113 facilities of the department Enterprise Florida, Inc., by the
114 corporation, subject to the provisions of this section.
115 (b) Shall prescribe conditions with which the corporation
116 must comply in order to use property and facilities of the
117 department Enterprise Florida, Inc. Such conditions shall
118 provide for budget and audit review and for oversight by the
119 department Enterprise Florida, Inc.
120 (c) May not permit the use of property and facilities of
121 the department Enterprise Florida, Inc., if the corporation does
122 not provide equal employment opportunities to all persons,
123 regardless of race, color, national origin, sex, age, or
124 religion.
125 (4) BOARD OF DIRECTORS.—The board of directors of the
126 corporation shall be composed of 31 tourism-industry-related
127 members, appointed by the corporation Enterprise Florida, Inc.,
128 in conjunction with the department. Board members shall serve
129 without compensation, but are entitled to receive reimbursement
130 for per diem and travel expenses pursuant to s. 112.061. Such
131 expenses must be paid out of funds of the corporation.
132 (a) The board shall consist of 16 members, appointed in
133 such a manner as to equitably represent all geographic areas of
134 the state, with no fewer than two members from any of the
135 following regions:
136 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
137 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
138 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
139 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
140 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
141 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
142 Taylor, and Union Counties.
143 3. Region 3, composed of Brevard, Indian River, Lake,
144 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
145 Volusia Counties.
146 4. Region 4, composed of Citrus, Hernando, Hillsborough,
147 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
148 5. Region 5, composed of Charlotte, Collier, DeSoto,
149 Glades, Hardee, Hendry, Highlands, and Lee Counties.
150 6. Region 6, composed of Broward, Martin, Miami-Dade,
151 Monroe, and Palm Beach Counties.
152 (b) The 15 additional tourism-industry-related members
153 shall include 1 representative from the statewide rental car
154 industry; 7 representatives from tourist-related statewide
155 associations, including those that represent hotels,
156 campgrounds, county destination marketing organizations,
157 museums, restaurants, retail, and attractions; 3 representatives
158 from county destination marketing organizations; 1
159 representative from the cruise industry; 1 representative from
160 an automobile and travel services membership organization that
161 has at least 2.8 million members in Florida; 1 representative
162 from the airline industry; and 1 representative from the space
163 tourism industry, who will each serve for a term of 2 years.
164 (5) POWERS AND DUTIES.—The corporation, in the performance
165 of its duties:
166 (a) May make and enter into contracts and assume such other
167 functions as are necessary to carry out the provisions of the 4
168 year marketing plan required by s. 288.923, and the
169 corporation’s contract with the department which Enterprise
170 Florida, Inc., which are not inconsistent with this or any other
171 provision of law. A proposed contract with a total cost of
172 $750,000 or more is subject to the notice and review procedures
173 of s. 216.177. If the chair or vice chair of the Legislative
174 Budget Commission, the President of the Senate, or the Speaker
175 of the House of Representatives timely advises the corporation
176 in writing that such proposed contract is contrary to
177 legislative policy and intent, the corporation may not execute
178 such proposed contract. The corporation may not enter into
179 multiple related contracts to avoid the requirements of this
180 paragraph.
181 (b) May develop a program to provide incentives and to
182 attract and recognize those entities which make significant
183 financial and promotional contributions towards the expanded
184 tourism promotion activities of the corporation.
185 (c) May establish a cooperative marketing program with
186 other public and private entities which allows the use of the
187 VISIT Florida logo in tourism promotion campaigns which meet the
188 standards of the department Enterprise Florida, Inc., for which
189 the corporation may charge a reasonable fee.
190 (d) May sue and be sued and appear and defend in all
191 actions and proceedings in its corporate name to the same extent
192 as a natural person.
193 (e) May adopt, use, and alter a common corporate seal.
194 However, such seal must always contain the words “corporation
195 not for profit.”
196 (f) Shall elect or appoint such officers and agents as its
197 affairs shall require and allow them reasonable compensation.
198 However, each officer or agent, including the president and
199 chief executive officer of the corporation, may not receive
200 public compensation that exceeds $120,000 per year.
201 (g) Shall hire and establish salaries and personnel and
202 employee benefit programs for such permanent and temporary
203 employees as are necessary to carry out the provisions of the 4
204 year marketing plan and the corporation’s contract with the
205 department Enterprise Florida, Inc., which are not inconsistent
206 with this or any other provision of law. However, an employee
207 may not receive public compensation that exceeds $120,000 per
208 year. Any public payments of performance bonuses or severance
209 pay to employees of the corporation are prohibited unless
210 specifically authorized by law.
211 (h) Shall appoint a president and chief executive officer
212 of the corporation, who shall serve subject to confirmation by
213 the Senate provide staff support to the Division of Tourism
214 Promotion of Enterprise Florida, Inc. The president and chief
215 executive officer of the Florida Tourism Industry Marketing
216 Corporation shall serve without compensation as the director of
217 the division.
218 (i) May adopt, change, amend, and repeal bylaws, not
219 inconsistent with law or its articles of incorporation, for the
220 administration of the provisions of the 4-year marketing plan
221 and the corporation’s contract with the department Enterprise
222 Florida, Inc.
223 (j) May conduct its affairs, carry on its operations, and
224 have offices and exercise the powers granted by this act in any
225 state, territory, district, or possession of the United States
226 or any foreign country. When Where feasible, appropriate, and
227 recommended by the 4-year marketing plan developed by the
228 Division of Tourism Promotion of Enterprise Florida, Inc., the
229 corporation may collocate the programs of foreign tourism
230 offices in cooperation with any foreign office operated by any
231 agency of this state.
232 (k) May appear on its own behalf before boards,
233 commissions, departments, or other agencies of municipal,
234 county, state, or federal government.
235 (l) May request or accept any grant, payment, or gift, of
236 funds or property made by this state or by the United States or
237 any department or agency thereof or by any individual, firm,
238 corporation, municipality, county, or organization for any or
239 all of the purposes of the 4-year marketing plan and the
240 corporation’s contract with the department which Enterprise
241 Florida, Inc., that are not inconsistent with this or any other
242 provision of law. Such funds shall be deposited in a bank
243 account established by the corporation’s board of directors. The
244 corporation may expend such funds in accordance with the terms
245 and conditions of any such grant, payment, or gift, in the
246 pursuit of its administration or in support of the programs it
247 administers. The corporation shall separately account for the
248 public funds and the private funds deposited into the
249 corporation’s bank account.
250 (m) Shall establish a plan for participation in the
251 corporation which will provide additional funding for the
252 administration and duties of the corporation.
253 (n) In the performance of its duties, may undertake, or
254 contract for, marketing projects and advertising research
255 projects.
256 (o) In addition to any indemnification available under
257 chapter 617, the corporation may indemnify, and purchase and
258 maintain insurance on behalf of, directors, officers, and
259 employees of the corporation against any personal liability or
260 accountability by reason of actions taken while acting within
261 the scope of their authority.
262 (p) May not create or establish any other entity,
263 corporation, or direct-support organization.
264 (q) May not expend funds, public or private, which directly
265 or indirectly benefit only one company, corporation, or business
266 entity.
267 (6) MATCHING REQUIREMENTS.—
268 (a) A one-to-one match is required of private to public
269 contributions to the corporation. Public contributions include
270 all state appropriations to the corporation.
271 (b) For purposes of calculating the required one-to-one
272 match, the corporation shall receive matching private
273 contributions in one of four private match categories. The
274 corporation shall maintain documentation of such categorized
275 contributions on file and make such documentation available for
276 inspection upon reasonable notice during its regular business
277 hours. Contribution details shall be included in the quarterly
278 reports required under subsection (8). The private match
279 categories are:
280 1. Direct cash contributions from private sources, which
281 include, but are not limited to, cash derived from strategic
282 alliances, contributions of stocks and bonds, and partnership
283 contributions.
284 2. Fees for services, which include, but are not limited
285 to, event participation, research, and brochure placement and
286 transparencies.
287 3. Cooperative advertising, which is limited to partner
288 expenditures for paid media placement, partner expenditures for
289 collateral material distribution, and the actual market value of
290 contributed productions, air time, and print space.
291 4. In-kind contributions, which is limited to the actual
292 market value of promotional contributions of partner-supplied
293 benefits to target audiences that would otherwise require
294 tourist promotion expenditures by the corporation for air
295 travel, rental car fees, hotel rooms, RV or campsite space
296 rental, on-site guest services, and admission tickets.
297
298 Contributions from a governmental entity or from an entity that
299 received more than 50 percent of its revenue in the previous
300 fiscal year from public sources, including revenue derived from
301 taxes, fees, or other government revenues, are not considered
302 private contributions for purposes of calculating the required
303 one-to-one match.
304 (c) If the corporation fails to meet the one-to-one match
305 requirements of this subsection, the corporation shall revert
306 all unmatched public contributions to the State Treasury by June
307 30 of each fiscal year.
308 (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
309 annual financial audit in accordance with s. 215.981. The annual
310 audit report shall be submitted to the Auditor General,; the
311 Office of Program Policy Analysis and Government
312 Accountability,; Enterprise Florida, Inc.; and the department
313 for review. The Office of Program Policy Analysis and Government
314 Accountability,; Enterprise Florida, Inc.; the department,; and
315 the Auditor General have the authority to require and receive
316 from the corporation or from its independent auditor any detail
317 or supplemental data relative to the operation of the
318 corporation. The department shall annually certify whether the
319 corporation is operating in a manner and achieving the
320 objectives that are consistent with the policies and goals of
321 the department Enterprise Florida, Inc., and its long-range
322 marketing plan. The identity of a donor or prospective donor to
323 the corporation who desires to remain anonymous and all
324 information identifying such donor or prospective donor are
325 confidential and exempt from the provisions of s. 119.07(1) and
326 s. 24(a), Art. I of the State Constitution. Such anonymity shall
327 be maintained in the auditor’s report.
328 (8)(7) REPORT.—The corporation shall provide a quarterly
329 report to the department Enterprise Florida, Inc., which shall:
330 (a) Measure the current vitality of the visitor industry of
331 this state as compared to the vitality of such industry for the
332 year to date and for comparable quarters of past years.
333 Indicators of vitality shall be determined by the department
334 Enterprise Florida, Inc., and shall include, but not be limited
335 to, estimated visitor count and party size, length of stay,
336 average expenditure per party, and visitor origin and
337 destination.
338 (b) Provide detailed, unaudited financial statements of
339 sources and uses of public and private funds.
340 (c) Measure progress towards annual goals and objectives
341 set forth in the 4-year marketing plan.
342 (d) Review all pertinent research findings.
343 (e) Provide other measures of accountability as requested
344 by the department Enterprise Florida, Inc.
345
346 The corporation must take all steps necessary to provide all
347 data that is used to develop the report, including source data,
348 to the Office of Economic and Demographic Research.
349 (9)(8) PROHIBITIONS; CORPORATE FUNDS; GIFTS.
350 Notwithstanding per diem and travel expenses authorized pursuant
351 s. 112.061, funds of the corporation may not be expended for
352 food, beverages, lodging, entertainment, or gifts for employees
353 of the corporation, board members of the corporation, or
354 employees of a tourist or economic development entity that
355 receives revenue from a tax imposed pursuant to s. 125.0104, s.
356 125.0108, or s. 212.0305. An employee or board member of the
357 corporation may not accept or receive food, beverages, lodging,
358 entertainment, or gifts from a tourist or economic development
359 entity that receives revenue from a tax imposed pursuant to s.
360 125.0104, s. 125.0108, or s. 212.0305 PUBLIC RECORDS EXEMPTION.
361 The identity of any person who responds to a marketing project
362 or advertising research project conducted by the corporation in
363 the performance of its duties on behalf of Enterprise Florida,
364 Inc., or trade secrets as defined by s. 812.081 obtained
365 pursuant to such activities, are exempt from s. 119.07(1) and s.
366 24(a), Art. I of the State Constitution. This subsection is
367 subject to the Open Government Sunset Review Act in accordance
368 with s. 119.15 and shall stand repealed on October 2, 2021,
369 unless reviewed and saved from repeal through reenactment by the
370 Legislature.
371 (10)(9) LODGING EXPENSES.—Lodging expenses for an employee
372 of the corporation may not exceed $150 per day, excluding taxes.
373 However, an employee of the corporation may expend his or her
374 own funds for any lodging expenses in excess of $150 per day.
375 (11) TRANSPARENCY.—
376 (a) The corporation is a governmental entity as defined in
377 s. 215.985 and, therefore, is subject to the Transparency
378 Florida Act.
379 (b) A contract entered into between the corporation and any
380 other entity that received more than 50 percent of its revenue
381 in the previous fiscal year from funds derived from a tax
382 imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305
383 must include all of the following information:
384 1. The purpose of the contract.
385 2. Specific performance standards and responsibilities for
386 each entity.
387 3. A detailed project or contract budget, if applicable.
388 4. The value of any services provided.
389 5. The salaries of all employees and board members of the
390 entity and the projected travel and entertainment expenses for
391 such employees and board members.
392 (c)1. If a marketing partner received more than 50 percent
393 of its revenue in the previous fiscal year from funds from the
394 corporation or from a tax imposed pursuant to s. 125.0104, s.
395 125.0108, or s. 212.0305, the marketing partner shall annually
396 report all public and private financial data to the corporation.
397 2. The financial data must include:
398 a. The total amount of revenue received from public and
399 private sources.
400 b. The operating budget.
401 c. Employee and board member salary and benefit details
402 from public and private funds.
403 d. An itemized account of all funds spent by a third party
404 on behalf of the corporation or a board member or an employee of
405 the corporation.
406 e. Itemized travel and entertainment expenditures.
407 (d) The following information must be posted on the
408 corporation’s website:
409 1. A plain language version of each proposed and executed
410 contract with a private entity, municipality, or vendor
411 exceeding $35,000 for services, supplies, or programs, including
412 marketing, or for the purchase or lease or use of lands,
413 facilities, or properties.
414 2. Any contract entered into between the corporation and
415 any other entity, including a local government, private entity,
416 or nonprofit entity, which receives public funds or funds from a
417 tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
418 212.0305.
419 3. The contracts and the required information pursuant to
420 paragraph (b) and the financial data submitted to the
421 corporation pursuant to paragraph (c).
422 4. Video recordings of each board meeting.
423 5. A detailed report of expenditures following each
424 marketing event paid for with the corporation’s funds. Such
425 report must be posted within 10 business days after the event.
426 6. An annual itemized accounting of the total amount of
427 funds spent by any third party on behalf of the corporation or
428 any board member or employee of the corporation.
429 7. An annual itemized accounting of the total amount of
430 travel and entertainment expenditures by the corporation.
431 (e) The corporation’s website must:
432 1. Allow users to navigate to related sites to view
433 supporting details.
434 2. Enable a taxpayer to send questions via e-mail to the
435 corporation and make such questions and the corporation’s
436 responses publicly viewable.
437 (12) REPEAL.—This section is repealed October 1, 2019,
438 unless reviewed and saved from repeal by the Legislature.
439 Section 6. Section 288.12265, Florida Statutes, is amended
440 to read:
441 288.12265 Welcome centers.—
442 (1) Responsibility for the welcome centers is assigned to
443 the Department of Economic Opportunity Enterprise Florida, Inc.,
444 which shall contract with the Florida Tourism Industry Marketing
445 Corporation to employ all welcome center staff.
446 (2) The Department of Economic Opportunity Enterprise
447 Florida, Inc., shall administer and operate the welcome centers.
448 Pursuant to a contract with the Department of Transportation,
449 the Department of Economic Opportunity Enterprise Florida, Inc.,
450 shall be responsible for routine repair, replacement, or
451 improvement and the day-to-day management of interior areas
452 occupied by the welcome centers. All other repairs,
453 replacements, or improvements to the welcome centers shall be
454 the responsibility of the Department of Transportation. The
455 Department of Economic Opportunity Enterprise Florida, Inc., may
456 contract with the Florida Tourism Industry Marketing Corporation
457 for the management and operation of the welcome centers.
458 Section 7. Section 288.124, Florida Statutes, is amended to
459 read:
460 288.124 Convention grants program.—VISIT Florida Enterprise
461 Florida, Inc., is authorized to establish a convention grants
462 program and, pursuant to that program, to recommend to the
463 department expenditures and contracts with local governments and
464 nonprofit corporations or organizations for the purpose of
465 attracting national conferences and conventions to Florida.
466 Preference shall be given to local governments and nonprofit
467 corporations or organizations seeking to attract minority
468 conventions to Florida. Minority conventions are events that
469 primarily involve minority persons, as defined in s. 288.703,
470 who are residents or nonresidents of the state. VISIT Florida
471 Enterprise Florida, Inc., shall establish guidelines governing
472 the award of grants and the administration of this program. The
473 department has final approval authority for any grants under
474 this section. The total annual allocation of funds for this
475 program shall not exceed $40,000.
476 Section 8. Subsection (5) of section 288.901, Florida
477 Statutes, is amended to read:
478 288.901 Enterprise Florida, Inc.—
479 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
480 (a) In addition to the Governor or his or her designee, the
481 board of directors shall consist of the following appointed
482 members:
483 1. The Commissioner of Education or his or her designee.
484 2. The Chief Financial Officer or his or her designee.
485 3. The Attorney General or his or her designee.
486 4. The Commissioner of Agriculture or his or her designee.
487 5. The chairperson of the board of directors of
488 CareerSource Florida, Inc.
489 6. The Secretary of State or his or her designee.
490 7. Twelve members from the private sector, six of whom
491 shall be appointed by the Governor, three of whom shall be
492 appointed by the President of the Senate, and three of whom
493 shall be appointed by the Speaker of the House of
494 Representatives. Members appointed by the Governor are subject
495 to Senate confirmation.
496 (b) In making their appointments, the Governor, the
497 President of the Senate, and the Speaker of the House of
498 Representatives shall ensure that the composition of the board
499 of directors reflects the diversity of Florida’s business
500 community and is representative of the economic development
501 goals in subsection (2). The board must include at least one
502 director for each of the following areas of expertise:
503 international business, tourism marketing, the space or
504 aerospace industry, managing or financing a minority-owned
505 business, manufacturing, finance and accounting, and sports
506 marketing.
507 (c) The Governor, the President of the Senate, and the
508 Speaker of the House of Representatives also shall consider
509 appointees who reflect Florida’s racial, ethnic, and gender
510 diversity. Efforts shall be taken to ensure participation from
511 all geographic areas of the state, including representation from
512 urban and rural communities.
513 (d) Appointed members shall be appointed to 4-year terms,
514 except that initially, to provide for staggered terms, the
515 Governor, the President of the Senate, and the Speaker of the
516 House of Representatives shall each appoint one member to serve
517 a 2-year term and one member to serve a 3-year term, with the
518 remaining initial appointees serving 4-year terms. All
519 subsequent appointments shall be for 4-year terms.
520 (e) Initial appointments must be made by October 1, 2011,
521 and be eligible for confirmation at the earliest available
522 Senate session. Terms end on September 30.
523 (f) Any member is eligible for reappointment, except that a
524 member may not serve more than two terms.
525 (g) A vacancy on the board of directors shall be filled for
526 the remainder of the unexpired term. Vacancies on the board
527 shall be filled by appointment by the Governor, the President of
528 the Senate, or the Speaker of the House of Representatives,
529 respectively, depending on who appointed the member whose
530 vacancy is to be filled or whose term has expired.
531 (h) Appointed members may be removed by the Governor, the
532 President of the Senate, or the Speaker of the House of
533 Representatives, respectively, for cause. Absence from three
534 consecutive meetings results in automatic removal.
535
536 All board members shall serve without compensation, but are
537 entitled to receive reimbursement for per diem and travel
538 expenses pursuant to s. 112.061. Such expenses must be paid out
539 of funds of Enterprise Florida, Inc.
540 Section 9. Subsections (7), (8), and (9) are added to
541 section 288.903, Florida Statutes, to read:
542 288.903 Duties of Enterprise Florida, Inc.—Enterprise
543 Florida, Inc., shall have the following duties:
544 (7) Submit all proposed contracts with a total cost of
545 $750,000 or more in accordance with the notice and review
546 procedures of s. 216.177. If the chair or vice chair of the
547 Legislative Budget Commission, the President of the Senate, or
548 the Speaker of the House of Representatives timely advises
549 Enterprise Florida, Inc., in writing that such proposed contract
550 is contrary to legislative policy and intent, Enterprise
551 Florida, Inc., may not execute such proposed contract.
552 Enterprise Florida, Inc., may not enter into multiple related
553 contracts to avoid the requirements of this paragraph. This
554 paragraph does not apply to contracts for the award of a
555 statutorily authorized incentive program.
556 (8) May not create or establish any other entity,
557 corporation, or direct-support organization, unless authorized
558 by law.
559 (9) Comply with the per diem and travel expenses pursuant
560 to s. 112.061.
561 Section 10. Section 288.904, Florida Statutes, is amended
562 to read:
563 288.904 Funding for Enterprise Florida, Inc.; performance
564 and return on the public’s investment.—
565 (1)(a) The Legislature may annually appropriate to
566 Enterprise Florida, Inc., a sum of money for its operations, and
567 separate line-item appropriations for each of the divisions
568 listed in s. 288.92.
569 (b) The state’s operating investment in Enterprise Florida,
570 Inc., and its divisions is the budget contracted by the
571 department to Enterprise Florida, Inc., less any funding that is
572 directed by the Legislature to be subcontracted to a specific
573 recipient entity.
574 (c) The board of directors of Enterprise Florida, Inc.,
575 shall adopt for each upcoming fiscal year an operating budget
576 for the organization, including its divisions, which specifies
577 the intended uses of the state’s operating investment and a plan
578 for securing private sector support.
579 (2)(a) The Legislature finds that it is a priority to
580 maximize private sector support in operating Enterprise Florida,
581 Inc., and its divisions, as an endorsement of its value and as
582 an enhancement of its efforts. Thus, the state appropriations
583 must be matched with private sector support equal to at least
584 100 percent of the state operational funding.
585 (b) Private sector support in operating Enterprise Florida,
586 Inc., and its divisions includes:
587 1. Cash given directly to Enterprise Florida, Inc., for its
588 operations, including contributions from at-large members of the
589 board of directors;
590 2. Cash donations from organizations assisted by the
591 divisions;
592 3. Cash jointly raised by Enterprise Florida, Inc., and a
593 private local economic development organization, a group of such
594 organizations, or a statewide private business organization that
595 supports collaborative projects;
596 4. Cash generated by fees charged for products or services
597 of Enterprise Florida, Inc., and its divisions by sponsorship of
598 events, missions, programs, and publications; and
599 5. Copayments, stock, warrants, royalties, or other private
600 resources dedicated to Enterprise Florida, Inc., or its
601 divisions.
602
603 Contributions from a governmental entity or from an entity that
604 received more than 50 percent of its revenue in the previous
605 fiscal year from public sources, including revenue derived from
606 taxes, fees, or other government revenues, are not considered
607 private contributions for purposes of calculating the required
608 match.
609 (3)(a) Specifically for the marketing and advertising
610 activities of the Division of Tourism Marketing or as contracted
611 through the Florida Tourism Industry Corporation, a one-to-one
612 match is required of private to public contributions within 4
613 calendar years after the implementation date of the marketing
614 plan pursuant to s. 288.923.
615 (b) For purposes of calculating the required one-to-one
616 match, matching private funds shall be divided into four
617 categories. Documentation for the components of the four private
618 match categories shall be kept on file for inspection as
619 determined necessary. The four private match categories are:
620 1. Direct cash contributions, which include, but are not
621 limited to, cash derived from strategic alliances, contributions
622 of stocks and bonds, and partnership contributions.
623 2. Fees for services, which include, but are not limited
624 to, event participation, research, and brochure placement and
625 transparencies.
626 3. Cooperative advertising, which is the value based on
627 cost of contributed productions, air time, and print space.
628 4. In-kind contributions, which include, but are not
629 limited to, the value of strategic alliance services
630 contributed, the value of loaned employees, discounted service
631 fees, items contributed for use in promotions, and radio or
632 television air time or print space for promotions. The value of
633 air time or print space shall be calculated by taking the actual
634 time or space and multiplying by the nonnegotiated unit price
635 for that specific time or space which is known as the media
636 equivalency value. In order to avoid duplication in determining
637 media equivalency value, only the value of the promotion itself
638 shall be included; the value of the items contributed for the
639 promotion may not be included.
640 (3)(4) Enterprise Florida, Inc., shall fully comply with
641 the performance measures, standards, and sanctions in its
642 contract with the department, under s. 20.60. The department
643 shall ensure, to the maximum extent possible, that the contract
644 performance measures are consistent with performance measures
645 that it is required to develop and track under performance-based
646 program budgeting. The contract shall also include performance
647 measures for the divisions.
648 (4)(5) The Legislature intends to review the performance of
649 Enterprise Florida, Inc., in achieving the performance goals
650 stated in its annual contract with the department to determine
651 whether the public is receiving a positive return on its
652 investment in Enterprise Florida, Inc., and its divisions. It
653 also is the intent of the Legislature that Enterprise Florida,
654 Inc., coordinate its operations with local economic development
655 organizations to maximize the state and local return on
656 investment to create jobs for Floridians.
657 (5)(a) For purposes of this section, Enterprise Florida,
658 Inc., is a governmental entity as defined in s. 215.985 and,
659 therefore, is subject to the Transparency Florida Act.
660 (b) A contract entered into between Enterprise Florida,
661 Inc., and any other entity, including a local government,
662 private, or nonprofit entity, which receives public funds from
663 the state or from a tax imposed pursuant to s. 125.0104, s.
664 125.0108, or s. 212.0305 must include all of the following
665 information:
666 1. The purpose of the contract.
667 2. Specific performance standards and responsibilities for
668 each entity.
669 3. A detailed project or contract budget, if applicable.
670 4. The value of any services provided.
671 5. The salaries of all employees and board members of the
672 entity and the projected travel and entertainment expenses for
673 employees and board members.
674 (c)1. If a partner entity received more than 50 percent of
675 its revenue in the previous fiscal year from funds from
676 Enterprise Florida, Inc., or from a tax imposed pursuant to s.
677 125.0104, s. 125.0108, or s. 212.0305, the partner entity shall
678 annually report all public and private financial data to
679 Enterprise Florida, Inc.
680 2. The financial data must include:
681 a. The total amount of revenue received from public and
682 private sources.
683 b. The operating budget.
684 c. Employee and board member salary and benefit details
685 from public and private funds.
686 d. An itemized account of all funds spent by a third party
687 on behalf of Enterprise Florida, Inc., or a board member or an
688 employee of Enterprise Florida, Inc.
689 e. Itemized travel and entertainment expenditures.
690 (d) The following information must be posted on the website
691 of Enterprise Florida, Inc.:
692 1. A plain language version of each proposed and executed
693 contract with a private entity, municipality, or vendor
694 exceeding $35,000 for services, supplies, or programs, including
695 marketing, or for the purchase or lease or use of lands,
696 facilities, or properties.
697 2. Any contract entered into between Enterprise Florida,
698 Inc., and any other entity, including a local government,
699 private entity, or nonprofit entity, which receives public funds
700 or funds from a tax imposed pursuant to s. 125.0104, s.
701 125.0108, or s. 212.0305.
702 3. The contracts and the required information under
703 paragraph (b) and the financial data submitted to Enterprise
704 Florida, Inc., under paragraph (c).
705 4. Video recordings of each board meeting.
706 5. A detailed report of expenditures following each
707 marketing event paid for with Enterprise Florida, Inc., funds.
708 Such report must be posted within 10 business days after the
709 event.
710 6. An annual itemized accounting of the total amount of
711 funds spent by any third party on behalf of Enterprise Florida,
712 Inc., or any board member or employee of Enterprise Florida,
713 Inc.
714 7. An annual itemized accounting of the total amount of
715 travel and entertainment expenditures by Enterprise Florida,
716 Inc.
717 (e) The Enterprise Florida, Inc., website must:
718 1. Allow users to navigate to related sites to view
719 supporting details.
720 2. Enable a taxpayer to send questions via e-mail to
721 Enterprise Florida, Inc., and make such questions and Enterprise
722 Florida, Inc., responses publicly viewable.
723 Section 11. Section 288.905, Florida Statutes, is amended
724 to read:
725 288.905 President and employees of Enterprise Florida,
726 Inc.—
727 (1) The board of directors of Enterprise Florida, Inc.,
728 shall appoint a president, who shall serve subject to
729 confirmation by the Senate at the pleasure of the Governor. The
730 president shall also be known as the “secretary of commerce” and
731 shall serve as the Governor’s chief negotiator for business
732 recruitment and business expansion.
733 (2) The president is the chief administrative and
734 operational officer of the board of directors and of Enterprise
735 Florida, Inc., and shall direct and supervise the administrative
736 affairs of the board of directors and any divisions, councils,
737 or boards. The board of directors may delegate to the president
738 those powers and responsibilities it deems appropriate,
739 including hiring and management of all staff, except for the
740 appointment of a president.
741 (3) The board of directors shall establish and adjust the
742 president’s compensation.
743 (4) No employee of Enterprise Florida, Inc., including an
744 officer or agent, the president, and the chief executive
745 officer, may receive public compensation for employment which
746 that exceeds $120,000 per year the salary paid to the Governor,
747 unless the board of directors and the employee have executed a
748 contract that prescribes specific, measurable performance
749 outcomes for the employee, the satisfaction of which provides
750 the basis for the award of incentive payments that increase the
751 employee’s total compensation to a level above the salary paid
752 to the Governor. Any public payments of performance bonuses or
753 severance pay to employees are prohibited unless specifically
754 authorized by law.
755 (5) Lodging expenses for an employee may not exceed $150
756 per day, excluding taxes, unless participating in a negotiated
757 group rate discount or providing documentation of at least three
758 comparable alternatives demonstrating the unavoidable higher
759 expense. However, an employee may expend his or her own funds
760 for any lodging expenses in excess of $150 per day.
761 (6) Notwithstanding per diem and travel expenses authorized
762 pursuant s. 112.061, funds of Enterprise Florida, Inc., may not
763 be expended for food, beverages, lodging, entertainment, or
764 gifts for employees of Enterprise Florida, Inc., board members
765 of Enterprise Florida, Inc., or employees of a tourist or
766 economic development entity that receives revenue from a tax
767 imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305. An
768 employee or board member of Enterprise Florida, Inc., may not
769 accept or receive food, beverages, lodging, entertainment, or
770 gifts from a tourist or economic development entity that
771 receives revenue from a tax imposed pursuant to s. 125.0104, s.
772 125.0108, or s. 212.0305, or from any private or public vendor.
773 Section 12. Subsection (1) and paragraph (b) of subsection
774 (2) of section 288.92, Florida Statutes, are amended to read:
775 288.92 Divisions of Enterprise Florida, Inc.—
776 (1) Enterprise Florida, Inc., may create and dissolve
777 divisions as necessary to carry out its mission. Each division
778 shall have distinct responsibilities and complementary missions.
779 At a minimum, Enterprise Florida, Inc., shall have divisions
780 related to the following areas:
781 (a) International Trade and Business Development;
782 (b) Business Retention and Recruitment;
783 (c) Tourism Marketing;
784 (c)(d) Minority Business Development; and
785 (d)(e) Sports Industry Development.
786 (2)
787 (b)1. The following officers and board members are subject
788 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
789 112.3143(2):
790 a. Officers and members of the board of directors of the
791 divisions of Enterprise Florida, Inc.
792 b. Officers and members of the board of directors of
793 subsidiaries of Enterprise Florida, Inc.
794 c. Officers and members of the board of directors of
795 corporations created to carry out the missions of Enterprise
796 Florida, Inc.
797 d. Officers and members of the board of directors of
798 corporations with which a division is required by law to
799 contract to carry out its missions.
800 2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
801 and (15); 112.3135; and 112.3143(2) to activities of the
802 officers and members of the board of directors specified in
803 subparagraph 1., those persons shall be considered public
804 officers or employees and the corporation shall be considered
805 their agency.
806 3. It is not a violation of s. 112.3143(2) or (4) for the
807 officers or members of the board of directors of the Florida
808 Tourism Industry Marketing Corporation to:
809 a. Vote on the 4-year marketing plan required under s.
810 288.923 or vote on any individual component of or amendment to
811 the plan.
812 b. Participate in the establishment or calculation of
813 payments related to the private match requirements of s.
814 288.904(3). The officer or member must file an annual disclosure
815 describing the nature of his or her interests or the interests
816 of his or her principals, including corporate parents and
817 subsidiaries of his or her principal, in the private match
818 requirements. This annual disclosure requirement satisfies the
819 disclosure requirement of s. 112.3143(4). This disclosure must
820 be placed either on the Florida Tourism Industry Marketing
821 Corporation’s website or included in the minutes of each meeting
822 of the Florida Tourism Industry Marketing Corporation’s board of
823 directors at which the private match requirements are discussed
824 or voted upon.
825 Section 13. Section 288.923, Florida Statutes, is amended
826 to read:
827 288.923 Division of Tourism marketing; definitions;
828 responsibilities.—
829 (1) There is created within Enterprise Florida, Inc., the
830 Division of Tourism Marketing.
831 (2) As used in this section, the term:
832 (a) “Tourism marketing” means any effort exercised to
833 attract domestic and international visitors from outside the
834 state to destinations in this state and to stimulate Florida
835 resident tourism to areas within the state.
836 (b) “Tourist” means any person who participates in trade or
837 recreation activities outside the county of his or her permanent
838 residence or who rents or leases transient living quarters or
839 accommodations as described in s. 125.0104(3)(a).
840 (c) “County destination marketing organization” means a
841 public or private agency that is funded by local option tourist
842 development tax revenues under s. 125.0104, or local option
843 convention development tax revenues under s. 212.0305, and is
844 officially designated by a county commission to market and
845 promote the area for tourism or convention business or, in any
846 county that has not levied such taxes, a public or private
847 agency that is officially designated by the county commission to
848 market and promote the area for tourism or convention business.
849 (d) “Direct-support organization” means the Florida Tourism
850 Industry Marketing Corporation.
851 (2)(3) The Department of Economic Opportunity Enterprise
852 Florida, Inc., shall contract with the Florida Tourism Industry
853 Marketing Corporation, a direct-support organization established
854 in s. 288.1226, to execute tourism promotion and marketing
855 services, functions, and programs for the state, including, but
856 not limited to, the activities prescribed by the 4-year
857 marketing plan. The division shall assist to maintain and
858 implement the contract.
859 (3)(4) The department’s division’s responsibilities and
860 duties include, but are not limited to:
861 (a) Maintaining and implementing the contract with the
862 Florida Tourism Industry Marketing Corporation.
863 (b) Ensuring that the corporation develops Advising the
864 department and Enterprise Florida, Inc., on development of
865 domestic and international tourism marketing campaigns featuring
866 Florida.
867 (c) Developing, in collaboration with the corporation, a 4
868 year marketing plan.
869 1. At a minimum, the marketing plan shall discuss the
870 following:
871 a. Continuation of overall tourism growth in this state.
872 b. Expansion to new or under-represented tourist markets.
873 c. Maintenance of traditional and loyal tourist markets.
874 d. Coordination of efforts with county destination
875 marketing organizations, other local government marketing
876 groups, privately owned attractions and destinations, and other
877 private sector partners to create a seamless, four-season
878 advertising campaign for the state and its regions.
879 e. Development of innovative techniques or promotions to
880 build repeat visitation by targeted segments of the tourist
881 population.
882 f. Consideration of innovative sources of state funding for
883 tourism marketing.
884 g. Promotion of nature-based tourism and heritage tourism.
885 h. Development of a component to address emergency response
886 to natural and manmade disasters from a marketing standpoint.
887 2. The plan shall be annual in construction and ongoing in
888 nature. Any annual revisions of the plan shall carry forward the
889 concepts of the remaining 3-year portion of the plan and
890 consider a continuum portion to preserve the 4-year timeframe of
891 the plan. The plan also shall include recommendations for
892 specific performance standards and measurable outcomes for the
893 division and direct-support organization. The department, in
894 consultation with the board of directors of Enterprise Florida,
895 Inc., shall base the actual performance metrics on these
896 recommendations.
897 3. The 4-year marketing plan shall be developed in
898 collaboration with the Florida Tourism Industry Marketing
899 Corporation. The plan shall be annually reviewed and approved by
900 the department board of directors of Enterprise Florida, Inc.
901 (d) Drafting and submitting an annual report required by s.
902 288.92. The annual report shall set forth for the department
903 division and the direct-support organization:
904 1. Operations and accomplishments during the fiscal year,
905 including the economic benefit of the state’s investment and
906 effectiveness of the marketing plan.
907 2. The 4-year marketing plan, including recommendations on
908 methods for implementing and funding the plan.
909 3. The assets and liabilities of the direct-support
910 organization at the end of its most recent fiscal year.
911 4. A copy of the annual financial and compliance audit
912 conducted under s. 288.1226(7) 288.1226(6).
913 (5) Notwithstanding s. 288.92, the division shall be
914 staffed by the Florida Tourism Industry Marketing Corporation.
915 Such staff shall not be considered to be employees of the
916 division and shall remain employees of the Florida Tourism
917 Industry Marketing Corporation. Section 288.905 does not apply
918 to the Florida Tourism Industry Marketing Corporation.
919 (4)(6) This section is repealed October 1, 2019, unless
920 reviewed and saved from repeal by the Legislature.
921 Section 14. Notwithstanding s. 290.016, Florida Statutes,
922 enterprise zone boundaries in existence before December 31,
923 2015, are preserved for the purpose of allowing local
924 governments to administer local incentive programs within these
925 boundaries through December 31, 2020, except for eligible
926 contiguous multi-phase projects in which at least one
927 certificate of use or occupancy has been issued before December
928 31, 2015 and which project will then vest the remaining project
929 phases until completion, but no later than December 31, 2025.
930 Section 15. This act shall take effect July 1, 2017.
931
932 ================= T I T L E A M E N D M E N T ================
933 And the title is amended as follows:
934 Delete everything before the enacting clause
935 and insert:
936 A bill to be entitled
937 An act relating to economic programs; amending s.
938 11.45, F.S.; authorizing the Auditor General to audit
939 the corporation; authorizing the corporation to enter
940 into an agreement with the Department of Economic
941 Opportunity for certain purposes and to use certain
942 funds; providing legislative intent; authorizing the
943 Florida Tourism Industry Marketing Corporation to
944 enter into an agreement with the Department of
945 Economic Opportunity for specified purposes;
946 authorizing the corporation to use certain funds for
947 the original purposes for which the funds were
948 received; providing legislative intent; amending s.
949 272.11, F.S.; transferring responsibility for the
950 Capitol information center from Enterprise Florida,
951 Inc., to the department; authorizing the department to
952 contract with VISIT Florida for the management and
953 operation of the center; amending s. 288.017, F.S.;
954 authorizing the department, rather than Enterprise
955 Florida, Inc., to establish and operate a cooperative
956 advertising matching grants program; authorizing the
957 department to contract with VISIT Florida to
958 administer such program; requiring the department,
959 rather than Enterprise Florida, Inc., to conduct an
960 annual competitive selection process for the award of
961 program grants; removing a requirement that the
962 department consider certain recommendations from
963 Enterprise Florida, Inc., in evaluating program grant
964 applications; amending s. 288.1226, F.S.; providing
965 that the corporation is a direct-support organization
966 of the department, rather than Enterprise Florida,
967 Inc.; revising the purposes for which the corporation
968 is an agency; requiring the corporation to comply with
969 certain per diem and travel expense provisions;
970 providing corporation board members and officers with
971 certain voting authority; requiring such officers and
972 members to file a certain annual disclosure; requiring
973 that such disclosure be placed on the corporation’s
974 website; authorizing reimbursement for per diem and
975 travel expenses for corporation board members;
976 requiring such expenses to be paid out of corporation
977 funds; subjecting certain contracts to specified
978 notice and review procedures; prohibiting the
979 execution of certain contracts; limiting the amount of
980 compensation paid to corporation officers, agents, and
981 employees; prohibiting certain performance bonuses and
982 severance pay; requiring the corporation to appoint
983 its president and chief executive officer, subject to
984 Senate confirmation; prohibiting the corporation from
985 creating or establishing certain entities and
986 expending certain funds that benefit only one entity;
987 requiring a one-to-one match of private to public
988 contributions to the corporation; providing private
989 contribution categories to use when calculating such
990 match; prohibiting certain contributions from being
991 considered private contributions for purposes of such
992 match; requiring the reversion of unmatched public
993 contributions to the state treasury by a certain date
994 annually; requiring a quarterly report to the
995 department; requiring the corporation to provide
996 certain data to the Office of Economic and Demographic
997 Research; prohibiting the expenditure of corporation
998 funds for certain purposes; prohibiting the acceptance
999 or receipt of certain items or services from certain
1000 entities; removing a public records exemption;
1001 limiting certain expenses of corporation employees;
1002 providing an exception; specifying a procedure for the
1003 release of appropriated funds; providing that the
1004 corporation is a governmental entity and subject to
1005 the Transparency Florida Act; requiring the inclusion
1006 of specified information in certain corporation
1007 contracts and on the corporation’s website; requiring
1008 specified functionality of the corporation’s website;
1009 requiring marketing partners to provide annual reports
1010 containing specified financial data to the
1011 corporation; conforming provisions to changes made by
1012 the act; amending s. 288.12265, F.S.; transferring
1013 responsibility for administering and operating welcome
1014 centers from Enterprise Florida, Inc., to the
1015 department; amending s. 288.124, F.S.; authorizing
1016 VISIT Florida, rather than Enterprise Florida, Inc.,
1017 to establish a convention grants program and
1018 guidelines governing the award of program grants and
1019 the administration of such program; amending s.
1020 288.901, F.S.; providing that Enterprise Florida,
1021 Inc., board members serve without compensation but are
1022 entitled to certain per diem and travel expenses;
1023 requiring such expenses to be paid from Enterprise
1024 Florida, Inc., funds; amending s. 288.903, F.S.;
1025 requiring Enterprise Florida, Inc., to submit certain
1026 proposed contracts for notice and review; prohibiting
1027 Enterprise Florida, Inc., from executing a proposed
1028 contract under certain circumstances; providing
1029 applicability; prohibiting Enterprise Florida, Inc.,
1030 from creating or establishing any other entity,
1031 corporation, or direct-support organization unless
1032 authorized by law; requiring Enterprise Florida, Inc.,
1033 to comply with certain per diem and travel expenses;
1034 amending s. 288.904, F.S.; providing that certain
1035 contributions from specified entities are not
1036 considered private contributions for specified
1037 purposes; deleting provisions relating to certain
1038 marketing and advertising activities requiring a one
1039 to-one match of private to public contributions within
1040 a certain timeframe; providing that Enterprise
1041 Florida, Inc., is a governmental entity for specified
1042 purposes and is subject to the Transparency Florida
1043 Act; providing requirements for certain contracts
1044 entered into between Enterprise Florida, Inc., and any
1045 other entity; requiring certain partners of Enterprise
1046 Florida, Inc., to annually report certain financial
1047 date to Enterprise Florida, Inc.; requiring Enterprise
1048 Florida, Inc., to post specified information on its
1049 website; providing requirements for the website;
1050 amending s. 288.905, F.S.; providing that the
1051 president of the board of directors of Enterprise
1052 Florida, Inc., serves subject to confirmation by the
1053 Senate instead of the Governor; prohibiting employees,
1054 including an officer, agent, the president, and the
1055 chief executive officer of Enterprise Florida, Inc.,
1056 from receiving public compensation for employment over
1057 a certain amount; prohibiting certain payments and
1058 performance bonuses or severance pay under certain
1059 circumstances; limiting certain lodging expenses;
1060 prohibiting funds of Enterprise Florida, Inc., from
1061 being uses for certain expenses; prohibiting employees
1062 and board members of Enterprise Florida, Inc., from
1063 accepting or receiving certain gifts from certain
1064 entities; amending s. 288.92, F.S.; removing a
1065 requirement that Enterprise Florida, Inc., include a
1066 division related to tourism marketing; conforming
1067 provisions to changes made by the act; amending s.
1068 288.923, F.S.; terminating the Division of Tourism
1069 Marketing created within Enterprise Florida, Inc.;
1070 transferring duties and authority to contract with the
1071 corporation from Enterprise Florida, Inc., to the
1072 department; conforming a provision to changes made by
1073 the act; preserving certain enterprise zone boundaries
1074 for a specified timeframe for specified purposes;
1075 providing an effective date.