Florida Senate - 2017                                     SB 216
       By Senator Rodriguez
       37-00333-17                                            2017216__
    1                        A bill to be entitled                      
    2         An act relating to economic incentive programs;
    3         amending s. 20.055, F.S.; redefining terms; amending
    4         s. 288.075, F.S.; providing that certain information
    5         disclosed in a specified manner is no longer
    6         confidential and exempt from s. 119.07(1) and s.
    7         24(a), Art. I of the State Constitution and requiring
    8         such information to be published as specified;
    9         amending s. 288.076, F.S.; requiring the Department of
   10         Economic Opportunity to contract with an independent
   11         third party to verify compliance with economic
   12         development incentive requirements; requiring the
   13         department to publish results of the independent third
   14         party review within a specified period; amending s.
   15         288.9015, F.S.; requiring a two-thirds vote for
   16         certain contracts executed by Enterprise Florida,
   17         Inc.; amending s. 288.904, F.S.; reducing state
   18         operational funding to Enterprise Florida, Inc., under
   19         certain circumstances; amending s. 288.905, F.S.;
   20         requiring a person appointed president of the board of
   21         directors of Enterprise Florida, Inc., to be confirmed
   22         by the Senate; providing requirements for incentive
   23         payments made to employees of Enterprise Florida,
   24         Inc.; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraphs (a) and (d) of subsection (1) of
   29  section 20.055, Florida Statutes, are amended to read:
   30         20.055 Agency inspectors general.—
   31         (1) As used in this section, the term:
   32         (a) “Agency head” means the Governor, a Cabinet officer, or
   33  a secretary or executive director as those terms are defined in
   34  s. 20.03, the chair of the Public Service Commission, the
   35  Director of the Office of Insurance Regulation of the Financial
   36  Services Commission, the Director of the Office of Financial
   37  Regulation of the Financial Services Commission, the board of
   38  directors of the Florida Housing Finance Corporation, the
   39  executive director of the Office of Early Learning, the
   40  chairperson of the board of directors of Enterprise Florida,
   41  Inc., and the Chief Justice of the State Supreme Court.
   42         (d) “State agency” means each department created pursuant
   43  to this chapter and the Executive Office of the Governor, the
   44  Department of Military Affairs, the Fish and Wildlife
   45  Conservation Commission, the Office of Insurance Regulation of
   46  the Financial Services Commission, the Office of Financial
   47  Regulation of the Financial Services Commission, the Public
   48  Service Commission, the Board of Governors of the State
   49  University System, the Florida Housing Finance Corporation, the
   50  Agency for State Technology, the Office of Early Learning,
   51  Enterprise Florida Inc., and the state courts system.
   52         Section 2. Present subsection (7) of section 288.075,
   53  Florida Statutes, is renumbered as subsection (8), and a new
   54  subsection (7) is added to that section, to read:
   55         288.075 Confidentiality of records.—
   56         (7)INFORMATION REQUIRED TO BE PUBLISHED.—For purposes of
   57  the department’s obligations under s. 288.076, once any
   58  information described in subsections (2) through (6) is
   59  disclosed, such disclosure terminates any period of
   60  confidentiality which may have applied to that information, even
   61  if other information related to the same business or project
   62  remains confidential and exempt from s. 119.07(1) and s. 24(a),
   63  Art. I of the State Constitution. The department shall publish,
   64  pursuant to s. 288.076, the information that is otherwise
   65  disclosed.
   66         Section 3. Present subsections (9) and (10) of section
   67  288.076, Florida Statutes, are renumbered as subsections (10)
   68  and (11), respectively, and a new subsection (9) is added to
   69  that section, to read:
   70         288.076 Return on investment reporting for economic
   71  development programs.—
   72         (9)The department shall procure and execute a contract for
   73  an independent third party to annually verify that each business
   74  that receives an economic development incentive satisfies all of
   75  the requirements of the incentive agreement. The independent
   76  third-party contractor shall perform the functions and conduct
   77  the activities necessary to verify compliance with the
   78  performance terms of each economic development incentive
   79  contract. The department shall publish on its website the
   80  results of each audit performed by the independent third party
   81  within 48 hours after receiving the results.
   82         Section 4. Paragraph (c) of subsection (2) of section
   83  288.9015, Florida Statutes, is amended to read:
   84         288.9015 Powers of Enterprise Florida, Inc.; board of
   85  directors.—
   86         (2) The board of directors of Enterprise Florida, Inc.,
   87  may:
   88         (c) Make and enter into contracts and other instruments
   89  necessary or convenient for the exercise of its powers and
   90  functions. A contract executed by Enterprise Florida, Inc., with
   91  a person or organization under which such person or organization
   92  agrees to perform economic development services or similar
   93  business assistance services on behalf of the state or
   94  Enterprise Florida, Inc., or the state must include provisions
   95  requiring a performance report on the contracted activities and
   96  must account for the proper use of funds provided under the
   97  contract, coordinate with other components of state and local
   98  economic development systems, and avoid duplication of existing
   99  state and local services and activities. A contract executed by
  100  Enterprise Florida, Inc., with a person or an organization must
  101  be approved by a two-thirds vote of the entire board of
  102  directors of Enterprise Florida, Inc., if the person or one or
  103  more employees, agents, officers, directors, shareholders,
  104  principals, or consultants of the person or the organization are
  105  members of the board of directors of Enterprise Florida, Inc.,
  106  or if one or more employees, agents, officers, directors,
  107  shareholders, principals, or consultants of an affiliate or
  108  subsidiary of the person or the organization are members of the
  109  board of directors of Enterprise Florida, Inc. A member of the
  110  board of directors of Enterprise Florida, Inc., so affiliated
  111  may not vote on such contract.
  112         Section 5. Paragraph (c) is added to subsection (2) of
  113  section 288.904, Florida Statutes, to read:
  114         288.904 Funding for Enterprise Florida, Inc.; performance
  115  and return on the public’s investment.—
  116         (2)
  117         (c)For any fiscal year in which private sector support in
  118  operating Enterprise Florida, Inc., and its divisions does not
  119  equal at least 100 percent of the state operational funding,
  120  Enterprise Florida, Inc., may not receive 100 percent of the
  121  state operational funding. Instead, Enterprise Florida, Inc.,
  122  shall receive the larger of:
  123         1.Fifty percent of the state operational funding
  124  appropriated; or
  125         2.State operational funding in an amount equal to private
  126  sector support.
  127         Section 6. Subsections (1) and (4) of section 288.905,
  128  Florida Statutes, are amended, and subsection (5) is added to
  129  that section, to read:
  130         288.905 President and employees of Enterprise Florida,
  131  Inc.—
  132         (1) The board of directors of Enterprise Florida, Inc.,
  133  shall appoint a president, subject to confirmation by the
  134  Senate, who shall serve at the pleasure of the Governor. The
  135  president shall also be known as the “secretary of Commerce” and
  136  shall serve as the Governor’s chief negotiator for business
  137  recruitment and business expansion.
  138         (4) An No employee of Enterprise Florida, Inc., may not
  139  receive compensation for employment which that exceeds the
  140  salary paid to the Governor, unless the board of directors and
  141  the employee have executed a contract that specifies prescribes
  142  specific, measurable performance outcomes for the employee, the
  143  satisfaction of which provides the basis for the award of
  144  incentive payments that increase the employee’s total
  145  compensation to a level above the salary paid to the Governor.
  146         (5)Enterprise Florida, Inc., may award an employee
  147  incentive payments for reaching a goal or obtaining a specified
  148  result. However, such goal or result must be quantifiable,
  149  measureable, and verifiable. An employee may not earn an
  150  incentive payment based on a projected or unconfirmed result. In
  151  addition, Enterprise Florida, Inc., may not award any employee
  152  an incentive payment for a result related to a contract
  153  requiring a two-thirds vote under s. 288.9015(2)(c).
  154         Section 7. This act shall take effect July 1, 2017.