Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1306
       
       
       
       
       
       
                                Ì561354&Î561354                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (x) is added to subsection (3) of
    6  section 11.45, Florida Statutes, to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    8         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
    9  General may, pursuant to his or her own authority, or at the
   10  direction of the Legislative Auditing Committee, conduct audits
   11  or other engagements as determined appropriate by the Auditor
   12  General of:
   13         (x)The Florida Tourism Industry Marketing Corporation.
   14         Section 2. (1)The Florida Tourism Industry Marketing
   15  Corporation may enter into an agreement with the Department of
   16  Economic Opportunity to continue any existing program, activity,
   17  duty, or function necessary for the operation of the
   18  corporation.
   19         (2)Any funds held in trust which were donated to or earned
   20  by the Florida Tourism Industry Marketing Corporation may be
   21  used by the corporation for the original purposes for which the
   22  funds were received.
   23         (3)It is the intent of the Legislature that the changes
   24  made by this act be accomplished with minimal disruption of
   25  services provided to the public and with minimal disruption to
   26  employees of any organization.
   27         Section 3. Section 272.11, Florida Statutes, is amended to
   28  read:
   29         272.11 Capitol information center.—The Department of
   30  Economic Opportunity Enterprise Florida, Inc., shall establish,
   31  maintain, and operate a Capitol information center somewhere
   32  within the area of the Capitol Center and employ personnel or
   33  enter into contracts to maintain same.
   34         Section 4. Subsections (1) and (3) of section 288.017,
   35  Florida Statutes, are amended to read:
   36         288.017 Cooperative advertising matching grants program.—
   37         (1) The department Enterprise Florida, Inc., is authorized
   38  to establish a cooperative advertising matching grants program
   39  and, pursuant thereto, to make expenditures and enter into
   40  contracts with local governments and nonprofit corporations for
   41  the purpose of publicizing the tourism advantages of the state.
   42  The department, based on recommendations from Enterprise
   43  Florida, Inc., shall have final approval of grants awarded
   44  through this program. The department Enterprise Florida, Inc.,
   45  may contract with VISIT Florida its direct-support organization
   46  to administer the program.
   47         (3) The department Enterprise Florida, Inc., shall conduct
   48  an annual competitive selection process for the award of grants
   49  under the program. In determining its recommendations for the
   50  grant awards, the department commission shall consider the
   51  demonstrated need of the applicant for advertising assistance,
   52  the feasibility and projected benefit of the applicant’s
   53  proposal, the amount of nonstate funds that will be leveraged,
   54  and such other criteria as the department commission deems
   55  appropriate. In evaluating grant applications, the department
   56  shall consider recommendations from Enterprise Florida, Inc. The
   57  department, however, has final approval authority for any grant
   58  under this section.
   59         Section 5. Section 288.1226, Florida Statutes, is amended
   60  to read:
   61         288.1226 Florida Tourism Industry Marketing Corporation;
   62  use of property; board of directors; duties; audit.—
   63         (1) DEFINITIONS.—For the purposes of this section, the term
   64  “corporation” means the Florida Tourism Industry Marketing
   65  Corporation.
   66         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
   67  Corporation is a direct-support organization of the Department
   68  of Economic Opportunity Enterprise Florida, Inc.
   69         (a) The Florida Tourism Industry Marketing Corporation is a
   70  corporation not for profit, as defined in s. 501(c)(6) of the
   71  Internal Revenue Code of 1986, as amended, that is incorporated
   72  under the provisions of chapter 617 and approved by the
   73  Department of State.
   74         (b) The corporation is organized and operated exclusively
   75  to request, receive, hold, invest, and administer property and
   76  to manage and make expenditures for the operation of the
   77  activities, services, functions, and programs of this state
   78  which relate to the statewide, national, and international
   79  promotion and marketing of tourism.
   80         (c)1. The corporation is not an agency for the purposes of
   81  chapters 120 and, 216, and 287; ss. 255.21, 255.25, and 255.254,
   82  relating to leasing of buildings; ss. 283.33 and 283.35,
   83  relating to bids for printing; s. 215.31; and parts I, II, and
   84  IV-VIII of chapter 112. However, the corporation shall comply
   85  with the per diem and travel expense provisions of s. 112.061.
   86         2.a.The corporation is an agency for purposes of chapter
   87  287.
   88         b.The officers and members of the board of directors of
   89  the corporation are subject to ss. 112.313(1)-(8), (10), (12),
   90  and (15); 112.3135; and 112.3143(2).
   91         c.For purposes of ss. 112.313(1)-(8), (10), (12), and
   92  (15); 112.3135; and 112.3143(2), the officers or members of the
   93  board of directors of the corporation are public officers or
   94  employees of an agency, respectively, and the corporation is an
   95  agency.
   96         3.It is not a violation of s. 112.3143(2) or (4) for the
   97  officers or members of the board of directors of the corporation
   98  to:
   99         a.Vote on the 4-year marketing plan required under s.
  100  288.923 or vote on any individual component of or amendment to
  101  the plan.
  102         b.Participate in the establishment or calculation of
  103  payments related to the private match requirements of subsection
  104  (6). The officer or member must file an annual disclosure
  105  describing the nature of his or her interests or the interests
  106  of his or her principals, including corporate parents and
  107  subsidiaries of his or her principal, in the private match
  108  requirements. This annual disclosure requirement satisfies the
  109  disclosure requirement of s. 112.3143(4). This disclosure must
  110  be placed on the corporation’s website or included in the
  111  minutes of each meeting of the corporation’s board of directors
  112  at which the private match requirements are discussed or voted
  113  upon.
  114         (d) The corporation is subject to the provisions of chapter
  115  119, relating to public meetings, and those provisions of
  116  chapter 286 relating to public meetings and records.
  117         (3) USE OF PROPERTY.—The Department of Economic Opportunity
  118  Enterprise Florida, Inc.:
  119         (a) Is authorized to permit the use of property and
  120  facilities of the department Enterprise Florida, Inc., by the
  121  corporation, subject to the provisions of this section.
  122         (b) Shall prescribe conditions with which the corporation
  123  must comply in order to use property and facilities of the
  124  department Enterprise Florida, Inc. Such conditions shall
  125  provide for budget and audit review and for oversight by the
  126  department Enterprise Florida, Inc.
  127         (c) May not permit the use of property and facilities of
  128  the department Enterprise Florida, Inc., if the corporation does
  129  not provide equal employment opportunities to all persons,
  130  regardless of race, color, national origin, sex, age, or
  131  religion.
  132         (4) BOARD OF DIRECTORS.—The board of directors of the
  133  corporation shall be composed of 31 tourism-industry-related
  134  members, appointed by the corporation Enterprise Florida, Inc.,
  135  in conjunction with the department. Board members shall serve
  136  without compensation, but are entitled to receive reimbursement
  137  for per diem and travel expenses pursuant to s. 112.061. Such
  138  expenses must be paid out of funds of the corporation.
  139         (a) The board shall consist of 16 members, appointed in
  140  such a manner as to equitably represent all geographic areas of
  141  the state, with no fewer than two members from any of the
  142  following regions:
  143         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  144  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  145  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  146         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  147  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  148  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  149  Taylor, and Union Counties.
  150         3. Region 3, composed of Brevard, Indian River, Lake,
  151  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  152  Volusia Counties.
  153         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  154  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  155         5. Region 5, composed of Charlotte, Collier, DeSoto,
  156  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  157         6. Region 6, composed of Broward, Martin, Miami-Dade,
  158  Monroe, and Palm Beach Counties.
  159         (b) The 15 additional tourism-industry-related members
  160  shall include 1 representative from the statewide rental car
  161  industry; 7 representatives from tourist-related statewide
  162  associations, including those that represent hotels,
  163  campgrounds, county destination marketing organizations,
  164  museums, restaurants, retail, and attractions; 3 representatives
  165  from county destination marketing organizations; 1
  166  representative from the cruise industry; 1 representative from
  167  an automobile and travel services membership organization that
  168  has at least 2.8 million members in Florida; 1 representative
  169  from the airline industry; and 1 representative from the space
  170  tourism industry, who will each serve for a term of 2 years.
  171         (5) POWERS AND DUTIES.—The corporation, in the performance
  172  of its duties:
  173         (a) May make and enter into contracts and assume such other
  174  functions as are necessary to carry out the provisions of the 4
  175  year marketing plan required by s. 288.923, and the
  176  corporation’s contract with the department that Enterprise
  177  Florida, Inc., which are not inconsistent with this or any other
  178  provision of law. A proposed contract with a total cost of
  179  $750,000 or more is subject to the notice and review procedures
  180  of s. 216.177. If the chair or vice chair of the Legislative
  181  Budget Commission, the President of the Senate, or the Speaker
  182  of the House of Representatives timely advises the corporation
  183  in writing that such proposed contract is contrary to
  184  legislative policy and intent, the corporation may not execute
  185  such proposed contract. The corporation may not enter into
  186  multiple related contracts to avoid the requirements of this
  187  paragraph.
  188         (b) May develop a program to provide incentives and to
  189  attract and recognize those entities which make significant
  190  financial and promotional contributions towards the expanded
  191  tourism promotion activities of the corporation.
  192         (c) May establish a cooperative marketing program with
  193  other public and private entities which allows the use of the
  194  VISIT Florida logo in tourism promotion campaigns which meet the
  195  standards of the department Enterprise Florida, Inc., for which
  196  the corporation may charge a reasonable fee.
  197         (d) May sue and be sued and appear and defend in all
  198  actions and proceedings in its corporate name to the same extent
  199  as a natural person.
  200         (e) May adopt, use, and alter a common corporate seal.
  201  However, such seal must always contain the words “corporation
  202  not for profit.”
  203         (f) Shall elect or appoint such officers and agents as its
  204  affairs shall require and allow them reasonable compensation.
  205  However, each officer or agent, including the president and
  206  chief executive officer of the corporation, may not receive
  207  compensation, public or private, that exceeds $130,000 per year.
  208         (g) Shall hire and establish salaries and personnel and
  209  employee benefit programs for such permanent and temporary
  210  employees as are necessary to carry out the provisions of the 4
  211  year marketing plan and the corporation’s contract with the
  212  department that Enterprise Florida, Inc., which are not
  213  inconsistent with this or any other provision of law. However,
  214  an employee may not receive compensation, public or private,
  215  that exceeds $130,000 per year. Any retirement, life insurance,
  216  or health insurance benefits provided to employees of the
  217  corporation may not exceed the value of such benefits provided
  218  to employees of the corporation as of January 1, 2017. Any
  219  public or private payments of performance bonuses or severance
  220  pay to employees of the corporation are prohibited unless
  221  specifically authorized by law. The Governor shall review and
  222  approve or deny requests for out-of-state or international
  223  travel by employees and board members of the corporation and
  224  individuals whose travel will be paid for by the corporation,
  225  regardless of the source of the funds used for such travel.
  226         (h) Shall appoint a president and chief executive officer
  227  of the corporation who shall serve subject to confirmation by
  228  the Senate provide staff support to the Division of Tourism
  229  Promotion of Enterprise Florida, Inc. The president and chief
  230  executive officer of the Florida Tourism Industry Marketing
  231  Corporation shall serve without compensation as the director of
  232  the division.
  233         (i) May adopt, change, amend, and repeal bylaws, not
  234  inconsistent with law or its articles of incorporation, for the
  235  administration of the provisions of the 4-year marketing plan
  236  and the corporation’s contract with the department Enterprise
  237  Florida, Inc.
  238         (j) May conduct its affairs, carry on its operations, and
  239  have offices and exercise the powers granted by this act in any
  240  state, territory, district, or possession of the United States
  241  or any foreign country. When Where feasible, appropriate, and
  242  recommended by the 4-year marketing plan developed by the
  243  Division of Tourism Promotion of Enterprise Florida, Inc., the
  244  corporation may collocate the programs of foreign tourism
  245  offices in cooperation with any foreign office operated by any
  246  agency of this state.
  247         (k) May appear on its own behalf before boards,
  248  commissions, departments, or other agencies of municipal,
  249  county, state, or federal government.
  250         (l) May request or accept any grant, payment, or gift, of
  251  funds or property made by this state or by the United States or
  252  any department or agency thereof or by any individual, firm,
  253  corporation, municipality, county, or organization for any or
  254  all of the purposes of the 4-year marketing plan and the
  255  corporation’s contract with the department Enterprise Florida,
  256  Inc., that are not inconsistent with this or any other provision
  257  of law. Such funds shall be deposited in a bank account
  258  established by the corporation’s board of directors. The
  259  corporation may expend such funds in accordance with the terms
  260  and conditions of any such grant, payment, or gift, in the
  261  pursuit of its administration or in support of the programs it
  262  administers. The corporation shall separately account for the
  263  public funds and the private funds deposited into the
  264  corporation’s bank account.
  265         (m) Shall establish a plan for participation in the
  266  corporation which will provide additional funding for the
  267  administration and duties of the corporation.
  268         (n) In the performance of its duties, may undertake, or
  269  contract for, marketing projects and advertising research
  270  projects.
  271         (o) In addition to any indemnification available under
  272  chapter 617, the corporation may indemnify, and purchase and
  273  maintain insurance on behalf of, directors, officers, and
  274  employees of the corporation against any personal liability or
  275  accountability by reason of actions taken while acting within
  276  the scope of their authority.
  277         (p)May not create or establish any other entity,
  278  corporation, or direct-support organization.
  279         (q)May not expend funds, public or private, that directly
  280  or indirectly benefit only one company, corporation, or business
  281  entity.
  282         (6)MATCHING REQUIREMENTS.—
  283         (a)A one-to-one match is required of private to public
  284  contributions to the corporation. Public contributions include
  285  all state appropriations to the corporation.
  286         (b)For purposes of calculating the required one-to-one
  287  match, the corporation shall receive matching private
  288  contributions and assign such contributions to one of two
  289  private match categories. The corporation shall maintain
  290  documentation of such categorized contributions on file and make
  291  such documentation available for inspection upon reasonable
  292  notice during its regular business hours. Contribution details
  293  shall be included in the quarterly reports required under
  294  subsection (8). The private match categories are:
  295         1.Direct cash contributions from private sources, which
  296  include, but are not limited to, cash derived from strategic
  297  alliances, contributions of stocks and bonds, and partnership
  298  contributions.
  299         2.Fees for services, which include, but are not limited
  300  to, event participation, research, and brochure placement and
  301  transparencies.
  302  
  303  Contributions from a government entity or from an entity that
  304  received more than 50 percent of its revenue in the previous
  305  fiscal year from public sources, including revenue derived from
  306  taxes, fees, or other government revenues, are not considered
  307  private contributions for purposes of calculating the required
  308  one-to-one match.
  309         (c)If the corporation fails to meet the one-to-one match
  310  requirements of this subsection, the corporation shall revert
  311  all unmatched public contributions to the state treasury by June
  312  30 of each fiscal year.
  313         (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
  314  annual financial audit in accordance with s. 215.981. The annual
  315  audit report shall be submitted to the Auditor General; the
  316  Office of Program Policy Analysis and Government Accountability;
  317  Enterprise Florida, Inc.; and the department for review. The
  318  Office of Program Policy Analysis and Government Accountability;
  319  Enterprise Florida, Inc.; the department; and the Auditor
  320  General have the authority to require and receive from the
  321  corporation or from its independent auditor any detail or
  322  supplemental data relative to the operation of the corporation.
  323  The department shall annually certify whether the corporation is
  324  operating in a manner and achieving the objectives that are
  325  consistent with the policies and goals of the department
  326  Enterprise Florida, Inc., and its long-range marketing plan. The
  327  identity of a donor or prospective donor to the corporation who
  328  desires to remain anonymous and all information identifying such
  329  donor or prospective donor are confidential and exempt from the
  330  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  331  Constitution. Such anonymity shall be maintained in the
  332  auditor’s report.
  333         (8)(7) REPORT.—The corporation shall provide a quarterly
  334  report to the department Enterprise Florida, Inc., which shall:
  335         (a) Measure the current vitality of the visitor industry of
  336  this state as compared to the vitality of such industry for the
  337  year to date and for comparable quarters of past years.
  338  Indicators of vitality shall be determined by the department
  339  Enterprise Florida, Inc., and shall include, but not be limited
  340  to, estimated visitor count and party size, length of stay,
  341  average expenditure per party, and visitor origin and
  342  destination.
  343         (b) Provide detailed, unaudited financial statements of
  344  sources and uses of public and private funds.
  345         (c) Measure progress towards annual goals and objectives
  346  set forth in the 4-year marketing plan.
  347         (d) Review all pertinent research findings.
  348         (e) Provide other measures of accountability as requested
  349  by the department Enterprise Florida, Inc.
  350  
  351  The corporation must take all steps necessary to provide all
  352  data that is used to develop the report, including source data,
  353  to the Office of Economic and Demographic Research.
  354         (9)(8)PROHIBITIONS; CORPORATE FUNDS; GIFTS.
  355  Notwithstanding per diem and travel expenses authorized pursuant
  356  s. 112.061, funds of the corporation may not be expended for
  357  food, beverages, lodging, entertainment, or gifts for employees
  358  of the corporation, board members of the corporation, or
  359  employees of a tourist or economic development entity that
  360  receives revenue from a tax imposed pursuant to s. 125.0104, s.
  361  125.0108, or s. 212.0305. An employee or board member of the
  362  corporation may not accept or receive food, beverages, lodging,
  363  entertainment, or gifts from a tourist or economic development
  364  entity that receives revenue from a tax imposed pursuant to s.
  365  125.0104, s. 125.0108, or s. 212.0305 PUBLIC RECORDS EXEMPTION.
  366  The identity of any person who responds to a marketing project
  367  or advertising research project conducted by the corporation in
  368  the performance of its duties on behalf of Enterprise Florida,
  369  Inc., or trade secrets as defined by s. 812.081 obtained
  370  pursuant to such activities, are exempt from s. 119.07(1) and s.
  371  24(a), Art. I of the State Constitution. This subsection is
  372  subject to the Open Government Sunset Review Act in accordance
  373  with s. 119.15 and shall stand repealed on October 2, 2021,
  374  unless reviewed and saved from repeal through reenactment by the
  375  Legislature.
  376         (10)LODGING EXPENSES.—Lodging expenses for an employee of
  377  the corporation may not exceed $150 per day, excluding taxes.
  378  However, an employee of the corporation may expend his or her
  379  own funds for any lodging expenses in excess of $150 per day.
  380         (11)RELEASE OF APPROPRIATIONS.—Notwithstanding s. 216.192,
  381  and in accordance with s. 216.351, the annual plan for release
  382  of appropriations for the Department of Economic Opportunity
  383  shall be quarterly. On July 1 of each fiscal year, 25 percent of
  384  the original operating budget of the corporation shall be
  385  released. The balance of the appropriation shall be held in
  386  reserve. By August 15 of each fiscal year, the Department of
  387  Economic Opportunity shall submit a proposed operating budget
  388  for the corporation including amounts to be expended on
  389  advertising, events, other operating capital outlay, and
  390  salaries and benefits for each employee to the Legislative
  391  Budget Commission. Upon approval of the plan by the Legislative
  392  Budget Commission, the remainder of the operating budget for the
  393  corporation shall be released pursuant to this subsection.
  394         (12)TRANSPARENCY.—
  395         (a)The corporation is a governmental entity as defined in
  396  s. 215.985 and, therefore, is subject to the Transparency
  397  Florida Act.
  398         (b)A contract entered into between the corporation and any
  399  other entity that received more than 50 percent of its revenue
  400  in the previous fiscal year from funds derived from a tax
  401  imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305
  402  shall include:
  403         1.The purpose of the contract.
  404         2.Specific performance standards and responsibilities for
  405  each entity.
  406         3.A detailed project or contract budget, if applicable.
  407         4.The value of any services provided.
  408         5.The salaries of all employees and board members of the
  409  entity and the projected travel and entertainment expenses for
  410  such employees and board members.
  411         (c)1.If a marketing partner received more than 50 percent
  412  of its revenue in the previous fiscal year from funds derived
  413  from a tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  414  212.0305, the marketing partner shall annually report all public
  415  and private financial data to the corporation.
  416         2.The financial data shall include:
  417         a.The total amount of revenue received from public and
  418  private sources.
  419         b.The operating budget.
  420         c.Employee and board member salary and benefit details.
  421         d.An itemized account of all funds spent by a third party
  422  on behalf of the corporation or a board member or an employee of
  423  the corporation.
  424         e.Itemized travel and entertainment expenditures.
  425         (d)The following information must be posted on the
  426  corporation’s website:
  427         1.A plain language version of each proposed and executed
  428  contract exceeding $35,000 with a private entity, municipality,
  429  city, town, or vendor of services, supplies, or programs,
  430  including marketing, or for the purchase or lease or use of
  431  lands, facilities, or properties.
  432         2.Any agreement entered into between the corporation and
  433  any other entity, including a local government, private entity,
  434  or nonprofit entity, that receives public funds or funds from a
  435  tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  436  212.0305.
  437         3.Video recordings of each board meeting.
  438         4.A detailed report of expenditures following each
  439  marketing event paid for with the corporation’s funds. Such
  440  report must be posted within 10 business days after the event.
  441         5.An annual itemized accounting of the total amount of
  442  funds spent by any third party on behalf of the corporation or
  443  any board member or employee of the corporation.
  444         6.An annual itemized accounting of the total amount of
  445  travel and entertainment expenditures by the corporation.
  446         (e)The corporation’s website must:
  447         1.Allow users to navigate to related sites to view
  448  supporting details.
  449         2.Enable a taxpayer to email questions to the corporation
  450  and make such questions and the corporation’s responses publicly
  451  viewable.
  452         (13)(9) REPEAL.—This section is repealed October 1, 2019,
  453  unless reviewed and saved from repeal by the Legislature.
  454         Section 6. Section 288.12265, Florida Statutes, is amended
  455  to read:
  456         288.12265 Welcome centers.—
  457         (1) Responsibility for the welcome centers is assigned to
  458  the Department of Economic Opportunity Enterprise Florida, Inc.,
  459  which shall contract with the Florida Tourism Industry Marketing
  460  Corporation to employ all welcome center staff.
  461         (2) The Department of Economic Opportunity Enterprise
  462  Florida, Inc., shall administer and operate the welcome centers.
  463  Pursuant to a contract with the Department of Transportation,
  464  the Department of Economic Opportunity Enterprise Florida, Inc.,
  465  shall be responsible for routine repair, replacement, or
  466  improvement and the day-to-day management of interior areas
  467  occupied by the welcome centers. All other repairs,
  468  replacements, or improvements to the welcome centers shall be
  469  the responsibility of the Department of Transportation. The
  470  Department of Economic Opportunity Enterprise Florida, Inc., may
  471  contract with the Florida Tourism Industry Marketing Corporation
  472  for the management and operation of the welcome centers.
  473         Section 7. Section 288.124, Florida Statutes, is amended to
  474  read:
  475         288.124 Convention grants program.—VISIT Florida Enterprise
  476  Florida, Inc., is authorized to establish a convention grants
  477  program and, pursuant to that program, to recommend to the
  478  department expenditures and contracts with local governments and
  479  nonprofit corporations or organizations for the purpose of
  480  attracting national conferences and conventions to Florida.
  481  Preference shall be given to local governments and nonprofit
  482  corporations or organizations seeking to attract minority
  483  conventions to Florida. Minority conventions are events that
  484  primarily involve minority persons, as defined in s. 288.703,
  485  who are residents or nonresidents of the state. VISIT Florida
  486  Enterprise Florida, Inc., shall establish guidelines governing
  487  the award of grants and the administration of this program. The
  488  department has final approval authority for any grants under
  489  this section. The total annual allocation of funds for this
  490  program shall not exceed $40,000.
  491         Section 8. Subsection (3) of section 288.904, Florida
  492  Statutes, is amended to read:
  493         288.904 Funding for Enterprise Florida, Inc.; performance
  494  and return on the public’s investment.—
  495         (3)(a)Specifically for the marketing and advertising
  496  activities of the Division of Tourism Marketing or as contracted
  497  through the Florida Tourism Industry Corporation, a one-to-one
  498  match is required of private to public contributions within 4
  499  calendar years after the implementation date of the marketing
  500  plan pursuant to s. 288.923.
  501         (b)For purposes of calculating the required one-to-one
  502  match, matching private funds shall be divided into four
  503  categories. Documentation for the components of the four private
  504  match categories shall be kept on file for inspection as
  505  determined necessary. The four private match categories are:
  506         1.Direct cash contributions, which include, but are not
  507  limited to, cash derived from strategic alliances, contributions
  508  of stocks and bonds, and partnership contributions.
  509         2.Fees for services, which include, but are not limited
  510  to, event participation, research, and brochure placement and
  511  transparencies.
  512         3.Cooperative advertising, which is the value based on
  513  cost of contributed productions, air time, and print space.
  514         4.In-kind contributions, which include, but are not
  515  limited to, the value of strategic alliance services
  516  contributed, the value of loaned employees, discounted service
  517  fees, items contributed for use in promotions, and radio or
  518  television air time or print space for promotions. The value of
  519  air time or print space shall be calculated by taking the actual
  520  time or space and multiplying by the nonnegotiated unit price
  521  for that specific time or space which is known as the media
  522  equivalency value. In order to avoid duplication in determining
  523  media equivalency value, only the value of the promotion itself
  524  shall be included; the value of the items contributed for the
  525  promotion may not be included.
  526         Section 9. Subsection (1) and paragraph (b) of subsection
  527  (2) of section 288.92, Florida Statutes, are amended to read:
  528         288.92 Divisions of Enterprise Florida, Inc.—
  529         (1) Enterprise Florida, Inc., may create and dissolve
  530  divisions as necessary to carry out its mission. Each division
  531  shall have distinct responsibilities and complementary missions.
  532  At a minimum, Enterprise Florida, Inc., shall have divisions
  533  related to the following areas:
  534         (a) International Trade and Business Development;
  535         (b) Business Retention and Recruitment;
  536         (c)Tourism Marketing;
  537         (c)(d) Minority Business Development; and
  538         (d)(e) Sports Industry Development.
  539         (2)
  540         (b)1. The following officers and board members are subject
  541  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  542  112.3143(2):
  543         a. Officers and members of the board of directors of the
  544  divisions of Enterprise Florida, Inc.
  545         b. Officers and members of the board of directors of
  546  subsidiaries of Enterprise Florida, Inc.
  547         c. Officers and members of the board of directors of
  548  corporations created to carry out the missions of Enterprise
  549  Florida, Inc.
  550         d. Officers and members of the board of directors of
  551  corporations with which a division is required by law to
  552  contract to carry out its missions.
  553         2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
  554  and (15); 112.3135; and 112.3143(2) to activities of the
  555  officers and members of the board of directors specified in
  556  subparagraph 1., those persons shall be considered public
  557  officers or employees and the corporation shall be considered
  558  their agency.
  559         3.It is not a violation of s. 112.3143(2) or (4) for the
  560  officers or members of the board of directors of the Florida
  561  Tourism Industry Marketing Corporation to:
  562         a.Vote on the 4-year marketing plan required under s.
  563  288.923 or vote on any individual component of or amendment to
  564  the plan.
  565         b.Participate in the establishment or calculation of
  566  payments related to the private match requirements of s.
  567  288.904(3). The officer or member must file an annual disclosure
  568  describing the nature of his or her interests or the interests
  569  of his or her principals, including corporate parents and
  570  subsidiaries of his or her principal, in the private match
  571  requirements. This annual disclosure requirement satisfies the
  572  disclosure requirement of s. 112.3143(4). This disclosure must
  573  be placed either on the Florida Tourism Industry Marketing
  574  Corporation’s website or included in the minutes of each meeting
  575  of the Florida Tourism Industry Marketing Corporation’s board of
  576  directors at which the private match requirements are discussed
  577  or voted upon.
  578         Section 10. Section 288.923, Florida Statutes, is amended
  579  to read:
  580         288.923 Division of Tourism marketing; definitions;
  581  responsibilities.—
  582         (1) There is created within Enterprise Florida, Inc., the
  583  Division of Tourism Marketing.
  584         (2) As used in this section, the term:
  585         (a) “Tourism marketing” means any effort exercised to
  586  attract domestic and international visitors from outside the
  587  state to destinations in this state and to stimulate Florida
  588  resident tourism to areas within the state.
  589         (b) “Tourist” means any person who participates in trade or
  590  recreation activities outside the county of his or her permanent
  591  residence or who rents or leases transient living quarters or
  592  accommodations as described in s. 125.0104(3)(a).
  593         (c) “County destination marketing organization” means a
  594  public or private agency that is funded by local option tourist
  595  development tax revenues under s. 125.0104, or local option
  596  convention development tax revenues under s. 212.0305, and is
  597  officially designated by a county commission to market and
  598  promote the area for tourism or convention business or, in any
  599  county that has not levied such taxes, a public or private
  600  agency that is officially designated by the county commission to
  601  market and promote the area for tourism or convention business.
  602         (d) “Direct-support organization” means the Florida Tourism
  603  Industry Marketing Corporation.
  604         (2)(3)The Department of Economic Opportunity Enterprise
  605  Florida, Inc., shall contract with the Florida Tourism Industry
  606  Marketing Corporation, a direct-support organization established
  607  in s. 288.1226, to execute tourism promotion and marketing
  608  services, functions, and programs for the state, including, but
  609  not limited to, the activities prescribed by the 4-year
  610  marketing plan. The division shall assist to maintain and
  611  implement the contract.
  612         (3)(4) The department’s division’s responsibilities and
  613  duties include, but are not limited to:
  614         (a) Maintaining and implementing the contract with the
  615  Florida Tourism Industry Marketing Corporation.
  616         (b) Ensuring that the corporation develops Advising the
  617  department and Enterprise Florida, Inc., on development of
  618  domestic and international tourism marketing campaigns featuring
  619  Florida.
  620         (c) Developing, in collaboration with the corporation, a 4
  621  year marketing plan.
  622         1. At a minimum, the marketing plan shall discuss the
  623  following:
  624         a. Continuation of overall tourism growth in this state.
  625         b. Expansion to new or under-represented tourist markets.
  626         c. Maintenance of traditional and loyal tourist markets.
  627         d. Coordination of efforts with county destination
  628  marketing organizations, other local government marketing
  629  groups, privately owned attractions and destinations, and other
  630  private sector partners to create a seamless, four-season
  631  advertising campaign for the state and its regions.
  632         e. Development of innovative techniques or promotions to
  633  build repeat visitation by targeted segments of the tourist
  634  population.
  635         f. Consideration of innovative sources of state funding for
  636  tourism marketing.
  637         g. Promotion of nature-based tourism and heritage tourism.
  638         h. Development of a component to address emergency response
  639  to natural and manmade disasters from a marketing standpoint.
  640         2. The plan shall be annual in construction and ongoing in
  641  nature. Any annual revisions of the plan shall carry forward the
  642  concepts of the remaining 3-year portion of the plan and
  643  consider a continuum portion to preserve the 4-year timeframe of
  644  the plan. The plan also shall include recommendations for
  645  specific performance standards and measurable outcomes for the
  646  division and direct-support organization. The department, in
  647  consultation with the board of directors of Enterprise Florida,
  648  Inc., shall base the actual performance metrics on these
  649  recommendations.
  650         3. The 4-year marketing plan shall be developed in
  651  collaboration with the Florida Tourism Industry Marketing
  652  Corporation. The plan shall be annually reviewed and approved by
  653  the department board of directors of Enterprise Florida, Inc.
  654         (d) Drafting and submitting an annual report required by s.
  655  288.92. The annual report shall set forth for the department
  656  division and the direct-support organization:
  657         1. Operations and accomplishments during the fiscal year,
  658  including the economic benefit of the state’s investment and
  659  effectiveness of the marketing plan.
  660         2. The 4-year marketing plan, including recommendations on
  661  methods for implementing and funding the plan.
  662         3. The assets and liabilities of the direct-support
  663  organization at the end of its most recent fiscal year.
  664         4. A copy of the annual financial and compliance audit
  665  conducted under s. 288.1226(7) 288.1226(6).
  666         (5)Notwithstanding s. 288.92, the division shall be
  667  staffed by the Florida Tourism Industry Marketing Corporation.
  668  Such staff shall not be considered to be employees of the
  669  division and shall remain employees of the Florida Tourism
  670  Industry Marketing Corporation. Section 288.905 does not apply
  671  to the Florida Tourism Industry Marketing Corporation.
  672         (4)(6) This section is repealed October 1, 2019, unless
  673  reviewed and saved from repeal by the Legislature.
  674         Section 11. This act shall take effect July 1, 2017.
  675  
  676  ================= T I T L E  A M E N D M E N T ================
  677  And the title is amended as follows:
  678         Delete everything before the enacting clause
  679  and insert:
  680                        A bill to be entitled                      
  681         An act relating to economic programs; amending s.
  682         11.45, F.S.; authorizing the Auditor General to audit
  683         the corporation; authorizing the corporation to enter
  684         into an agreement with the Department of Economic
  685         Opportunity for certain purposes and to use certain
  686         funds; providing legislative intent; amending s.
  687         272.11, F.S.; transferring responsibility for the
  688         Capitol information center from Enterprise Florida,
  689         Inc., to the department; amending s. 288.017, F.S.;
  690         authorizing the department, rather than Enterprise
  691         Florida, Inc., to establish and operate a cooperative
  692         advertising matching grants program; authorizing the
  693         department to contract with VISIT Florida to
  694         administer such program; authorizing the department to
  695         conduct an annual competitive selection process for
  696         the award of program grants; removing a requirement
  697         that the department consider certain recommendations
  698         from Enterprise Florida, Inc., in evaluating program
  699         grant applications; amending s. 288.1226, F.S.;
  700         providing that the corporation is a direct-support
  701         organization of the department, rather than Enterprise
  702         Florida, Inc.; revising the purposes for which the
  703         corporation is an agency; providing that the officers
  704         and members of the board of directors of the
  705         corporation are subject to certain provisions and are
  706         public officers or employees of an agency for a
  707         certain purpose; requiring the corporation to comply
  708         with certain per diem and travel expense provisions;
  709         providing corporation board members and officers with
  710         certain voting authority; requiring such officers and
  711         members to file a certain annual disclosure; requiring
  712         that such disclosure be placed on the corporation’s
  713         website; authorizing reimbursement for per diem and
  714         travel expenses for corporation board members;
  715         requiring such expenses to be paid out of corporation
  716         funds; subjecting certain contracts to specified
  717         notice and review procedures; prohibiting the
  718         execution of certain contracts; limiting the amount of
  719         compensation paid to corporation officers, agents, and
  720         employees; limiting the value of certain benefits
  721         provided to corporation employees; prohibiting certain
  722         performance bonuses and severance pay; requiring the
  723         Governor to approve certain out-of-state or
  724         international travel; requiring the corporation to
  725         appoint its president and chief executive officer,
  726         subject to Senate confirmation; prohibiting the
  727         corporation from creating or establishing certain
  728         entities and expending certain funds that benefit only
  729         one entity; requiring a one-to-one match of private to
  730         public contributions to the corporation; providing
  731         private contribution categories to use when
  732         calculating such match; prohibiting certain
  733         contributions from being considered private
  734         contributions for purposes of such match; requiring
  735         the reversion of unmatched public contributions to the
  736         state treasury by a certain date annually; requiring a
  737         quarterly report to the department; requiring the
  738         corporation to provide certain data to the Office of
  739         Economic and Demographic Research; prohibiting the
  740         expenditure of corporation funds for certain purposes;
  741         prohibiting the acceptance or receipt of certain items
  742         or services from certain entities; removing a public
  743         records exemption; limiting certain expenses of
  744         corporation employees; providing an exception;
  745         specifying a procedure for the release of appropriated
  746         funds; providing that the corporation is a
  747         governmental entity and subject to the Transparency
  748         Florida Act; requiring the inclusion of specified
  749         information in certain corporation contracts and on
  750         the corporation’s website; requiring specified
  751         functionality of the corporation’s website; requiring
  752         marketing partners to provide annual reports
  753         containing specified financial data to the
  754         corporation; conforming provisions to changes made by
  755         the act; amending s. 288.12265, F.S.; transferring
  756         responsibility for administering and operating welcome
  757         centers from Enterprise Florida, Inc., to the
  758         department; amending s. 288.124, F.S.; authorizing
  759         VISIT Florida, rather than Enterprise Florida, Inc.,
  760         to establish a convention grants program and
  761         guidelines governing the award of program grants and
  762         the administration of such program; repealing s.
  763         288.826, F.S., relating to the Florida International
  764         Trade and Promotion Trust Fund; terminating such trust
  765         fund; transferring the balances and revenues of such
  766         terminated trust fund to the General Revenue Fund;
  767         requiring the department to pay outstanding debts and
  768         obligations of such terminated trust fund; requiring
  769         the Chief Financial Officer to close out and remove
  770         such terminated trust fund from state accounting
  771         systems; amending s. 288.904, F.S.; conforming
  772         provisions to changes made by the act; amending s.
  773         288.92, F.S.; removing a requirement that Enterprise
  774         Florida, Inc., include a division related to tourism
  775         marketing; conforming provisions to changes made by
  776         the act; amending s. 288.923, F.S.; terminating the
  777         Division of Tourism Marketing created within
  778         Enterprise Florida, Inc.; transferring duties and
  779         authority to contract with the corporation from
  780         Enterprise Florida, Inc., to the department;
  781         conforming a provision to changes made by the act;
  782         providing an effective date.