Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. HB 1-A
       
       
       
       
       
       
                                Ì558384HÎ558384                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             06/09/2017 12:31 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 793 - 1327
    4  and insert:
    5  all state appropriations to the corporation and exclude taxes
    6  derived pursuant to s. 125.0104.
    7         (b)For purposes of calculating the required one-to-one
    8  match, the corporation shall receive matching private
    9  contributions in one of four private match categories. The
   10  corporation shall maintain documentation of such categorized
   11  contributions on file and make such documentation available for
   12  inspection upon reasonable notice during its regular business
   13  hours. Contribution details shall be included in the quarterly
   14  reports required under subsection (8). The private match
   15  categories are:
   16         1.Direct cash contributions from private sources, which
   17  include, but are not limited to, cash derived from strategic
   18  alliances, contributions of stocks and bonds, and partnership
   19  contributions.
   20         2.Fees for services, which include, but are not limited
   21  to, event participation, research, and brochure placement and
   22  transparencies.
   23         3.Cooperative advertising, which is limited to partner
   24  expenditures for paid media placement, partner expenditures for
   25  collateral material distribution, and the actual market value of
   26  contributed productions, air time, and print space.
   27         4.In-kind contributions, which is limited to the actual
   28  market value of promotional contributions of partner-supplied
   29  benefits to target audiences and the actual market value of
   30  nonpartner-supplied air time or print space contributed for the
   31  broadcasting or printing of such promotions, which would
   32  otherwise require tourist promotion expenditures by the
   33  corporation for advertising, air travel, rental car fees, hotel
   34  rooms, RV or campsite space rental, on-site guest services, and
   35  admission tickets. The net value of air time or print space, if
   36  any, shall be deemed to be the actual market value of the air
   37  time or print space, based on an average of actual unit prices
   38  paid contemporaneously for comparable times or spaces, less the
   39  value of increased ratings or other benefits realized by the
   40  media outlet as a result of the promotion.
   41  
   42  Contributions from a government entity or from an entity that
   43  received more than 50 percent of its revenue in the previous
   44  fiscal year from public sources, including revenue derived from
   45  taxes, other than taxes collected pursuant to s. 125.0104, from
   46  fees, or from other government revenues, are not considered
   47  private contributions for purposes of calculating the required
   48  one-to-one match.
   49         (c)If the corporation fails to meet the one-to-one match
   50  requirements of this subsection, the corporation shall revert
   51  all unmatched public contributions to the state treasury by June
   52  30 of each fiscal year.
   53         (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
   54  annual financial audit in accordance with s. 215.981. The annual
   55  audit report shall be submitted to the Auditor General; the
   56  Office of Program Policy Analysis and Government Accountability;
   57  Enterprise Florida, Inc.; and the department for review. The
   58  Office of Program Policy Analysis and Government Accountability;
   59  Enterprise Florida, Inc.; the department; and the Auditor
   60  General have the authority to require and receive from the
   61  corporation or from its independent auditor any detail or
   62  supplemental data relative to the operation of the corporation.
   63  The department shall annually certify whether the corporation is
   64  operating in a manner and achieving the objectives that are
   65  consistent with the policies and goals of Enterprise Florida,
   66  Inc., and its long-range marketing plan. The identity of a donor
   67  or prospective donor to the corporation who desires to remain
   68  anonymous and all information identifying such donor or
   69  prospective donor are confidential and exempt from the
   70  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   71  Constitution. Such anonymity shall be maintained in the
   72  auditor’s report.
   73         (8)(7) REPORT.—The corporation shall provide a quarterly
   74  report to Enterprise Florida, Inc., which shall:
   75         (a) Measure the current vitality of the visitor industry of
   76  this state as compared to the vitality of such industry for the
   77  year to date and for comparable quarters of past years.
   78  Indicators of vitality shall be determined by Enterprise
   79  Florida, Inc., and shall include, but not be limited to,
   80  estimated visitor count and party size, length of stay, average
   81  expenditure per party, and visitor origin and destination.
   82         (b) Provide detailed, unaudited financial statements of
   83  sources and uses of public and private funds.
   84         (c) Measure progress towards annual goals and objectives
   85  set forth in the 4-year marketing plan.
   86         (d) Review all pertinent research findings.
   87         (e) Provide other measures of accountability as requested
   88  by Enterprise Florida, Inc.
   89  
   90  The corporation must take all steps necessary to provide all
   91  data that is used to develop the report, including source data,
   92  to the Office of Economic and Demographic Research.
   93         (9)(8) PUBLIC RECORDS EXEMPTION.—The identity of any person
   94  who responds to a marketing project or advertising research
   95  project conducted by the corporation in the performance of its
   96  duties on behalf of Enterprise Florida, Inc., or trade secrets
   97  as defined by s. 812.081 obtained pursuant to such activities,
   98  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   99  Constitution. This subsection is subject to the Open Government
  100  Sunset Review Act in accordance with s. 119.15 and shall stand
  101  repealed on October 2, 2021, unless reviewed and saved from
  102  repeal through reenactment by the Legislature.
  103         (10)PROHIBITIONS; CORPORATE FUNDS; GIFTS.—Funds of the
  104  corporation may not be expended for food, beverages, lodging,
  105  entertainment, or gifts for employees of the corporation, board
  106  members of the corporation, or employees of a tourist or
  107  economic development entity that receives revenue from a tax
  108  imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305,
  109  unless authorized pursuant to s. 112.061 or this section. An
  110  employee or board member of the corporation may not accept or
  111  receive food, beverages, lodging, entertainment, or gifts from
  112  an economic development entity that receives revenue from a tax
  113  imposed pursuant to s. 125.0108 or s. 212.0305, or from any
  114  person, vendor, or other entity, doing business with the
  115  corporation unless such food, beverage, lodging, entertainment,
  116  or gift is available to similarly situated members of the
  117  general public.
  118         (11)LODGING EXPENSES.—Lodging expenses for an employee of
  119  the corporation may not exceed $150 per day, excluding taxes,
  120  unless the corporation is participating in a negotiated group
  121  rate discount or the corporation provides documentation of at
  122  least three comparable alternatives demonstrating that such
  123  lodging at the required rate is not available. However, an
  124  employee of the corporation may expend his or her own funds for
  125  any lodging expenses in excess of $150 per day.
  126         (12)PROPOSED OPERATING BUDGET SUBMISSION.—By August 15 of
  127  each fiscal year, the Department of Economic Opportunity shall
  128  submit a proposed operating budget for the corporation including
  129  amounts to be expended on advertising, marketing, promotions,
  130  events, other operating capital outlay, and salaries and
  131  benefits for each employee to the Governor, the President of the
  132  Senate, and the Speaker of the House of Representatives.
  133         (13)TRANSPARENCY.—
  134         (a)All executed corporation contracts are to be placed for
  135  viewing on the corporation’s website. All contracts with the
  136  corporation valued at $500,000 or more shall be placed on the
  137  corporation’s website for review 14 days prior to execution.
  138         (b)A contract entered into between the corporation and any
  139  other public or private entity shall include:
  140         1.The purpose of the contract.
  141         2.Specific performance standards and responsibilities for
  142  each entity.
  143         3.A detailed project or contract budget, if applicable.
  144         4.The value of any services provided.
  145         5.The projected travel and entertainment expenses for
  146  employees and board members, if applicable.
  147         (c)1.Any entity that in the previous fiscal year received
  148  more than 50 percent of its revenue from the corporation or
  149  taxes imposed pursuant to s. 125.0108 or s. 212.0305, and that
  150  partners with the corporation or participates in a program,
  151  cooperative advertisement, promotional opportunity, or other
  152  activity offered by or in conjunction with the corporation,
  153  shall annually on July 1 report all public and private financial
  154  data to the Governor, the President of the Senate, and the
  155  Speaker of the House of Representatives, and include such report
  156  on its website.
  157         2.The financial data shall include:
  158         a.The total amount of revenue received from public and
  159  private sources.
  160         b.The operating budget of the partner entity.
  161         c.Employee and board member salary and benefit details
  162  from public and private funds.
  163         d.An itemized account of all expenditures by the partner
  164  entity on the behalf of, or coordinated for the benefit of the
  165  corporation, its board members, or employees.
  166         e.Itemized travel and entertainment expenditures of the
  167  partner entity.
  168         (d)The following information must be posted on the
  169  corporation’s website:
  170         1.A plain language version of any contract that is
  171  estimated to exceed $35,000 with a private entity, municipality,
  172  city, town, or vendor of services, supplies, or programs,
  173  including marketing, or for the purchase or lease or use of
  174  lands, facilities, or properties.
  175         2.Any agreement entered into between the corporation and
  176  any other entity, including a local government, private entity,
  177  or nonprofit entity, that receives public funds or funds from a
  178  tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  179  212.0305.
  180         3.The contracts and the required information pursuant to
  181  paragraph (b) and the financial data submitted to the
  182  corporation pursuant to paragraph (c).
  183         4.Video recordings of each board meeting.
  184         5.A detailed report of expenditures following each
  185  marketing event paid for with the corporation’s funds. Such
  186  report must be posted within 10 business days after the event.
  187         6.An annual itemized accounting of the total amount of
  188  funds spent by any third party on behalf of the corporation or
  189  any board member or employee of the corporation.
  190         7.An annual itemized accounting of the total amount of
  191  travel and entertainment expenditures by the corporation.
  192         (e)The corporation’s website must:
  193         1.Allow users to navigate to related sites to view
  194  supporting details.
  195         2.Enable a taxpayer to email questions to the corporation
  196  and make such questions and the corporation’s responses publicly
  197  viewable.
  198         (14)(9) REPEAL.—This section is repealed October 1, 2019,
  199  unless reviewed and saved from repeal by the Legislature.
  200         Section 18. Section 288.12266, Florida Statutes, is created
  201  to read:
  202         288.12266Targeted Marketing Assistance Program.—
  203         (1)The Targeted Marketing Assistance Program is created to
  204  enhance the tourism business marketing of small, minority,
  205  rural, and agritourism businesses in the state. The department,
  206  in conjunction with the Florida Tourism Industry Marketing
  207  Corporation, shall administer the program. The program shall
  208  provide marketing plans, marketing assistance, promotional
  209  support, media development, technical expertise, marketing
  210  advice, technology training, social marketing support, and other
  211  assistance to an eligible entity.
  212         (2)As used in this section, the term “eligible entity”
  213  means an independently owned and operated business with gross
  214  revenue not exceeding $1,250,000 or a nonprofit corporation that
  215  meets the requirements of s. 501(c)(3) of the Internal Revenue
  216  Code.
  217         (3)The department and the Florida Tourism Industry
  218  Marketing Corporation shall provide an annual report to the
  219  Governor, the President of the Senate, and the Speaker of the
  220  House of Representatives documenting that at least 50 percent of
  221  the eligible entities receiving assistance through this program
  222  are independently owned and operated businesses with gross
  223  revenues not exceeding $500,000.
  224         Section 19. Section 288.124, Florida Statutes, is amended
  225  to read:
  226         288.124 Convention grants program.—The Florida Tourism
  227  Industry Marketing Corporation Enterprise Florida, Inc., is
  228  authorized to establish a convention grants program and,
  229  pursuant to that program, to recommend to the department
  230  expenditures and contracts with local governments and nonprofit
  231  corporations or organizations for the purpose of attracting
  232  national conferences and conventions to Florida. Preference
  233  shall be given to local governments and nonprofit corporations
  234  or organizations seeking to attract minority conventions to
  235  Florida. Minority conventions are events that primarily involve
  236  minority persons, as defined in s. 288.703, who are residents or
  237  nonresidents of the state. The Florida Tourism Industry
  238  Marketing Corporation Enterprise Florida, Inc., shall establish
  239  guidelines governing the award of grants and the administration
  240  of this program. The department has final approval authority for
  241  any grants under this section. The total annual allocation of
  242  funds for this program shall not exceed $40,000.
  243         Section 20. Subsection (5) of section 288.901, Florida
  244  Statutes, is amended to read:
  245         288.901 Enterprise Florida, Inc.—
  246         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
  247         (a) In addition to the Governor or his or her designee, the
  248  board of directors shall consist of the following appointed
  249  members:
  250         1. The Commissioner of Education or his or her designee.
  251         2. The Chief Financial Officer or his or her designee.
  252         3. The Attorney General or his or her designee.
  253         4. The Commissioner of Agriculture or his or her designee.
  254         5. The chairperson of the board of directors of
  255  CareerSource Florida, Inc.
  256         6. The Secretary of State or his or her designee.
  257         7. Twelve members from the private sector, six of whom
  258  shall be appointed by the Governor, three of whom shall be
  259  appointed by the President of the Senate, and three of whom
  260  shall be appointed by the Speaker of the House of
  261  Representatives. Members appointed by the Governor are subject
  262  to Senate confirmation.
  263         (b) In making their appointments, the Governor, the
  264  President of the Senate, and the Speaker of the House of
  265  Representatives shall ensure that the composition of the board
  266  of directors reflects the diversity of Florida’s business
  267  community and is representative of the economic development
  268  goals in subsection (2). The board must include at least one
  269  director for each of the following areas of expertise:
  270  international business, tourism marketing, the space or
  271  aerospace industry, managing or financing a minority-owned
  272  business, manufacturing, finance and accounting, and sports
  273  marketing.
  274         (c) The Governor, the President of the Senate, and the
  275  Speaker of the House of Representatives also shall consider
  276  appointees who reflect Florida’s racial, ethnic, and gender
  277  diversity. Efforts shall be taken to ensure participation from
  278  all geographic areas of the state, including representation from
  279  urban and rural communities.
  280         (d) Appointed members shall be appointed to 4-year terms,
  281  except that initially, to provide for staggered terms, the
  282  Governor, the President of the Senate, and the Speaker of the
  283  House of Representatives shall each appoint one member to serve
  284  a 2-year term and one member to serve a 3-year term, with the
  285  remaining initial appointees serving 4-year terms. All
  286  subsequent appointments shall be for 4-year terms.
  287         (e) Initial appointments must be made by October 1, 2011,
  288  and be eligible for confirmation at the earliest available
  289  Senate session. Terms end on September 30.
  290         (f) Any member is eligible for reappointment, except that a
  291  member may not serve more than two terms.
  292         (g) A vacancy on the board of directors shall be filled for
  293  the remainder of the unexpired term. Vacancies on the board
  294  shall be filled by appointment by the Governor, the President of
  295  the Senate, or the Speaker of the House of Representatives,
  296  respectively, depending on who appointed the member whose
  297  vacancy is to be filled or whose term has expired.
  298         (h) Appointed members may be removed by the Governor, the
  299  President of the Senate, or the Speaker of the House of
  300  Representatives, respectively, for cause. Absence from three
  301  consecutive meetings results in automatic removal.
  302  
  303  All board members shall serve without compensation, but are
  304  entitled to receive reimbursement for per diem and travel
  305  expenses pursuant to s. 112.061. Such expenses must be paid out
  306  of funds of Enterprise Florida, Inc.
  307         Section 21. Subsections (7), (8), and (9) are added to
  308  section 288.903, Florida Statutes, to read:
  309         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  310  Florida, Inc., shall have the following duties:
  311         (7)Submit all proposed contracts with a total cost of
  312  $750,000 or more in accordance with the notice and review
  313  procedures of s. 216.177. If the chair and vice chair of the
  314  Legislative Budget Commission, or the President of the Senate
  315  and the Speaker of the House of Representatives, timely advise
  316  Enterprise Florida, Inc., in writing that such proposed contract
  317  is contrary to legislative policy and intent, Enterprise
  318  Florida, Inc., may not execute such proposed contract.
  319  Enterprise Florida, Inc., may not enter into multiple related
  320  contracts to avoid the requirements of this paragraph. This
  321  paragraph does not apply to contracts for the award of a
  322  statutorily authorized incentive program.
  323         (8)Shall not create or establish any other entity,
  324  corporation, or direct-support organization, unless authorized
  325  by law.
  326         (9)Enterprise Florida, Inc., shall comply with the per
  327  diem and travel expense provisions of s. 112.061.
  328         Section 22. Section 288.904, Florida Statutes, is amended
  329  to read:
  330         288.904 Funding for Enterprise Florida, Inc.; performance
  331  and return on the public’s investment.—
  332         (1)(a) The Legislature may annually appropriate to
  333  Enterprise Florida, Inc., a sum of money for its operations, and
  334  separate line-item appropriations for each of the divisions
  335  listed in s. 288.92.
  336         (b) The state’s operating investment in Enterprise Florida,
  337  Inc., and its divisions is the budget contracted by the
  338  department to Enterprise Florida, Inc., less any funding that is
  339  directed by the Legislature to be subcontracted to a specific
  340  recipient entity.
  341         (c) The board of directors of Enterprise Florida, Inc.,
  342  shall adopt for each upcoming fiscal year an operating budget
  343  for the organization, including its divisions, which specifies
  344  the intended uses of the state’s operating investment and a plan
  345  for securing private sector support.
  346         (2)(a) The Legislature finds that it is a priority to
  347  maximize private sector support in operating Enterprise Florida,
  348  Inc., and its divisions, as an endorsement of its value and as
  349  an enhancement of its efforts. Thus, the state appropriations
  350  must be matched with private sector support equal to at least
  351  100 percent of the state operational funding.
  352         (b) Private sector support in operating Enterprise Florida,
  353  Inc., and its divisions includes:
  354         1. Cash given directly to Enterprise Florida, Inc., for its
  355  operations, including contributions from at-large members of the
  356  board of directors;
  357         2. Cash donations from organizations assisted by the
  358  divisions;
  359         3. Cash jointly raised by Enterprise Florida, Inc., and a
  360  private local economic development organization, a group of such
  361  organizations, or a statewide private business organization that
  362  supports collaborative projects;
  363         4. Cash generated by fees charged for products or services
  364  of Enterprise Florida, Inc., and its divisions by sponsorship of
  365  events, missions, programs, and publications; and
  366         5. Copayments, stock, warrants, royalties, or other private
  367  resources dedicated to Enterprise Florida, Inc., or its
  368  divisions.
  369         (c)If Enterprise Florida, Inc., fails to meet the one-to
  370  one match requirements of this subsection, the corporation shall
  371  revert all unmatched public contributions to the state treasury
  372  by June 30 of each fiscal year.
  373         (3)(a)Specifically for the marketing and advertising
  374  activities of the Division of Tourism Marketing or as contracted
  375  through the Florida Tourism Industry Corporation, a one-to-one
  376  match is required of private to public contributions within 4
  377  calendar years after the implementation date of the marketing
  378  plan pursuant to s. 288.923.
  379         (b)For purposes of calculating the required one-to-one
  380  match, matching private funds shall be divided into four
  381  categories. Documentation for the components of the four private
  382  match categories shall be kept on file for inspection as
  383  determined necessary. The four private match categories are:
  384         1.Direct cash contributions, which include, but are not
  385  limited to, cash derived from strategic alliances, contributions
  386  of stocks and bonds, and partnership contributions.
  387         2.Fees for services, which include, but are not limited
  388  to, event participation, research, and brochure placement and
  389  transparencies.
  390         3.Cooperative advertising, which is the value based on
  391  cost of contributed productions, air time, and print space.
  392         4.In-kind contributions, which include, but are not
  393  limited to, the value of strategic alliance services
  394  contributed, the value of loaned employees, discounted service
  395  fees, items contributed for use in promotions, and radio or
  396  television air time or print space for promotions. The value of
  397  air time or print space shall be calculated by taking the actual
  398  time or space and multiplying by the nonnegotiated unit price
  399  for that specific time or space which is known as the media
  400  equivalency value. In order to avoid duplication in determining
  401  media equivalency value, only the value of the promotion itself
  402  shall be included; the value of the items contributed for the
  403  promotion may not be included.
  404         (4) Enterprise Florida, Inc., shall fully comply with the
  405  performance measures, standards, and sanctions in its contract
  406  with the department, under s. 20.60. The department shall
  407  ensure, to the maximum extent possible, that the contract
  408  performance measures are consistent with performance measures
  409  that it is required to develop and track under performance-based
  410  program budgeting. The contract shall also include performance
  411  measures for the divisions.
  412         (4)(5) The Legislature intends to review the performance of
  413  Enterprise Florida, Inc., in achieving the performance goals
  414  stated in its annual contract with the department to determine
  415  whether the public is receiving a positive return on its
  416  investment in Enterprise Florida, Inc., and its divisions. It
  417  also is the intent of the Legislature that Enterprise Florida,
  418  Inc., coordinate its operations with local economic development
  419  organizations to maximize the state and local return on
  420  investment to create jobs for Floridians.
  421         (5)By August 15 of each fiscal year, the Department of
  422  Economic Opportunity shall submit a proposed operating budget
  423  for Enterprise Florida, Inc., including amounts to be expended
  424  on incentives, business recruitment, advertising, events, other
  425  operating capital outlay, and salaries and benefits for each
  426  employee to the Governor, the President of the Senate, and the
  427  Speaker of the House of Representatives.
  428         (6)(a)All executed Enterprise Florida, Inc., contracts are
  429  to be placed for viewing on the Enterprise Florida, Inc.,
  430  website.
  431         (b)A contract entered into between Enterprise Florida,
  432  Inc., and any other public or private entity shall include:
  433         1.The purpose of the contract.
  434         2.Specific performance standards and responsibilities for
  435  each entity.
  436         3.A detailed project or contract budget, if applicable.
  437         4.The value of any services provided.
  438         5.The projected travel and entertainment expenses for
  439  employees and board members, if applicable.
  440         (c)1.Any entity that in the previous fiscal year received
  441  more than 50 percent of its revenue from Enterprise Florida,
  442  Inc., or a tax imposed pursuant to s. 125.0104, s. 125.0108, or
  443  s. 212.0305, and that partners with Enterprise Florida, Inc., in
  444  a program or other activity offered by or in conjunction with
  445  Enterprise, Florida, Inc., shall annually on July 1 report all
  446  public and private financial data to the Governor, the President
  447  of the Senate, and the Speaker of the House of Representatives,
  448  and include such report on its website.
  449         2.The financial data shall include:
  450         a.The total amount of revenue received from public and
  451  private sources.
  452         b.The operating budget of the partner entity.
  453         c.Employee and board member salary and benefit details
  454  from public and private funds.
  455         d.An itemized account of all expenditures by the partner
  456  entity on the behalf of, or coordinated for the benefit of,
  457  Enterprise Florida, Inc., its board members, or employees.
  458         e.Itemized travel and entertainment expenditures of the
  459  partner entity.
  460         (d)The following information must be posted on the website
  461  of Enterprise Florida, Inc.:
  462         1.A plain language version of any contract that is
  463  estimated to exceed $35,000 with a private entity, municipality,
  464  city, town, or vendor of services, supplies, or programs,
  465  including marketing, or for the purchase or lease or use of
  466  lands, facilities, or properties.
  467         2.Any agreement entered into between Enterprise Florida,
  468  Inc., and any other entity, including a local government,
  469  private entity, or nonprofit entity, that receives public funds
  470  or funds from a tax imposed pursuant to s. 125.0104, s.
  471  125.0108, or s. 212.0305.
  472         3.The contracts and the required information pursuant to
  473  paragraph (b) and the financial data submitted to Enterprise
  474  Florida, Inc., pursuant to paragraph (c).
  475         4.Video recordings of each board meeting.
  476         5.A detailed report of expenditures following each
  477  marketing or business recruitment event paid for with Enterprise
  478  Florida, Inc., funds. Such report must be posted within 10
  479  business days after the event.
  480         6.An annual itemized accounting of the total amount of
  481  funds spent by any third party on behalf of Enterprise Florida,
  482  Inc., or any board member or employee of Enterprise Florida,
  483  Inc.
  484         7.An annual itemized accounting of the total amount of
  485  travel and entertainment expenses by Enterprise Florida, Inc.
  486         (e)The Enterprise Florida, Inc., website must:
  487         1.Allow users to navigate to related sites to view
  488  supporting details.
  489         2.Enable a taxpayer to email questions to Enterprise
  490  Florida, Inc., and make such questions and Enterprise Florida,
  491  Inc., responses publicly viewable.
  492         Section 23. Section 288.905, Florida Statutes, is amended
  493  to read:
  494         288.905 President and employees of Enterprise Florida,
  495  Inc.—
  496         (1) The board of directors of Enterprise Florida, Inc.,
  497  shall appoint a president, who shall serve at the pleasure of
  498  the Governor. The president shall also be known as the
  499  “secretary of commerce” and shall serve as the Governor’s chief
  500  negotiator for business recruitment and business expansion.
  501         (2) The president is the chief administrative and
  502  operational officer of the board of directors and of Enterprise
  503  Florida, Inc., and shall direct and supervise the administrative
  504  affairs of the board of directors and any divisions, councils,
  505  or boards. The board of directors may delegate to the president
  506  those powers and responsibilities it deems appropriate,
  507  including hiring and management of all staff, except for the
  508  appointment of a president.
  509         (3) The board of directors shall establish and adjust the
  510  president’s compensation.
  511         (4) No employee of Enterprise Florida, Inc., including an
  512  officer or agent, the president, or the chief executive officer,
  513  may receive public compensation for employment that exceeds the
  514  salary and benefits authorized to be paid to the Governor,
  515  unless the board of directors and the employee have executed a
  516  contract that prescribes specific, measurable performance
  517  outcomes for the employee, the satisfaction of which provides
  518  the basis for the award of incentive payments that increase the
  519  employee’s total compensation to a level above the salary paid
  520  to the Governor. Any public payments of performance bonuses or
  521  severance pay to employees are prohibited unless specifically
  522  authorized by law.
  523         (5)Lodging expenses for an employee of Enterprise Florida,
  524  Inc., may not exceed $150 per day, excluding taxes, unless the
  525  corporation is participating in a negotiated group rate discount
  526  or the corporation provides documentation of at least three
  527  comparable alternatives demonstrating that such lodging at the
  528  required rate is not available. However, an employee of the
  529  corporation may expend his or her own funds for any lodging
  530  expenses in excess of $150 per day.
  531         (6)Funds of Enterprise Florida, Inc., may not be expended
  532  for food, beverages, lodging, entertainment, or gifts for
  533  employees of the corporation, board members of the corporation,
  534  or employees of a tourist or economic development entity that
  535  receives revenue from a tax imposed pursuant to s. 125.0104, s.
  536  125.0108, or s. 212.0305, unless authorized pursuant to s.
  537  112.061 or this section. An employee or board member of
  538  Enterprise Florida, Inc., may not accept or receive food,
  539  beverages, lodging, entertainment, or gifts from an economic
  540  development entity that receives revenue from a tax imposed
  541  pursuant to s. 125.0108 or s. 212.0305, or