Florida Senate - 2017 SB 1632 By Senator Torres 15-01321-17 20171632__ 1 A bill to be entitled 2 An act relating to call center jobs; creating s. 3 559.952, F.S.; providing a short title; creating s. 4 559.9521, F.S.; defining terms; creating s. 559.9522, 5 F.S.; requiring certain call centers that intend to 6 relocate out of state, in whole or in part, to notify 7 the Department of Business and Professional Regulation 8 before a specified date; providing a penalty for 9 failing to provide such notice; requiring the 10 department to compile a semiannual list of employers 11 that relocate call centers out of state; creating s. 12 559.9523, F.S.; providing that employers named on the 13 list are ineligible for certain state grants, loans, 14 or tax benefits for 5 years; requiring such employers 15 to remit the remaining prorated value of any state 16 grant, loan, or tax benefit to the department under 17 certain circumstances; providing exceptions; creating 18 s. 559.9524, F.S.; requiring the head of each state 19 agency to ensure that certain services are performed 20 in-state by state contractors or their agents or 21 subcontractors; providing a timeframe by which certain 22 contractors or their agents or subcontractors must 23 comply with the act; requiring grandfathered 24 contractors to comply with the act under certain 25 circumstances; creating s. 559.9525, F.S.; specifying 26 that this act may not be construed to allow the 27 withholding or denial of certain payments, 28 compensation, or benefits; providing a directive to 29 the Division of Law Revision and Information; 30 providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Section 559.952, Florida Statutes, is created to 35 read: 36 559.952 Short title.—This act may be cited as the “Save 37 Florida Call Center Jobs Act of 2017.” 38 Section 2. Section 559.9521, Florida Statutes, is created 39 to read: 40 559.9521 Definitions.—As used in this act, the term: 41 (1) “Call center or employer” means any business enterprise 42 that employs 50 or more individuals who in the aggregate work at 43 least 1,500 hours per week, not including hours of overtime, for 44 the purpose of providing customer service or conducting back 45 office operations. 46 (2) “Department” means the Department of Business and 47 Professional Regulation. 48 Section 3. Section 559.9522, Florida Statutes, is created 49 to read: 50 559.9522 Call centers intending to move out of state.— 51 (1) NOTICE REQUIREMENT.—An employer that intends to 52 relocate a Florida call center out of state, or one or more 53 facilities or operating units within a call center comprising at 54 least 30 percent of the call center’s, or operating unit’s, 55 total volume when measured against the previous 12-month average 56 call volume of operations or substantially similar operations, 57 must notify the department at least 120 days before such 58 relocation. 59 (2) PENALTY.—An employer that violates subsection (1) is 60 subject to a civil penalty of up to $10,000 per day for each day 61 the violation continues; however, the department may reduce the 62 penalty amount if just cause is shown. 63 (3) LIST COMPILATION.—The department shall compile a 64 semiannual list of all employers that relocate a Florida call 65 center, or one or more facilities or operating units within a 66 call center comprising at least 30 percent of the call center’s 67 total volume of operations, out of the state. 68 Section 4. Section 559.9523, Florida Statutes, is created 69 to read: 70 559.9523 Grants and guaranteed loans.— 71 (1) INELIGIBILITY.–Except as provided in subsection (3) and 72 notwithstanding any other law, an employer named on the list 73 described in s. 559.9522 is ineligible for any direct or 74 indirect state grants, state-guaranteed loans, or tax benefits 75 for 5 years after the date such list is published. 76 (2) REVERSION.—Except as provided in subsection (3) and 77 notwithstanding any other law, an employer named on the list 78 described in s. 559.9522 shall remit to the department the 79 remaining prorated value of any state grant, state-guaranteed 80 loan, tax benefit, or any other state governmental support it 81 has received on or after the effective date of this act. 82 (3) EXCEPTIONS.—The department, in consultation with the 83 appropriate state agency providing a loan or grant, may waive 84 the ineligibility requirement in subsection (1) if the employer 85 applying for such loan, grant, or benefit demonstrates that 86 returning such loan, grant, or benefit would result in: 87 (a) Substantial job loss in this state; or 88 (b) Harm to the environment. 89 Section 5. Section 559.9524, Florida Statutes, is created 90 to read: 91 559.9524 In-state procurement.—The head of each state 92 agency shall ensure that all state-business-related call center 93 and customer service work is performed by state contractors or 94 their agents or subcontractors entirely within the state. State 95 contractors who currently perform state-business-related call 96 center and customer service work outside the state have 2 years 97 after the effective date of this act to comply with this act, 98 provided that if any such grandfathered contractors add customer 99 service employees who will perform work on state agency 100 contracts, those new employees must immediately be employed 101 within the state. 102 Section 6. Section 559.9525, Florida Statutes, is created 103 to read: 104 559.9525 State benefits for workers.—This act may not be 105 construed to allow withholding or denial of payments, 106 compensation, or benefits under any other state law, including 107 state unemployment compensation, disability payments, or worker 108 retraining or readjustment funds, to workers employed by 109 employers that relocate out of this state. 110 Section 7. The Division of Law Revision and Information is 111 directed to replace the phrase “the effective date of this act” 112 wherever it occurs in this act with the date the act becomes 113 effective. 114 Section 8. This act shall take effect 180 days after 115 becoming a law.