Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. SB 2-A
       
       
       
       
       
       
                                Ì117684EÎ117684                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 7/F/2R          .                                
             06/08/2017 04:52 PM       .                                
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 208 - 1113
    4  and insert:
    5         Section 3. Subsection (4) is added to section 288.1201,
    6  Florida Statutes, to read:
    7         288.1201 State Economic Enhancement and Development Trust
    8  Fund.—
    9         (4)(a) Beginning July 1, 2017, the department shall retain
   10  in the trust fund any state funds appropriated for any program
   11  created under this chapter which is funded in the General
   12  Appropriations Act until the performance requirements
   13  established under contract or by law for any economic
   14  development incentives are submitted to and verified by the
   15  department.
   16         (b) The department shall return to the State Treasury all
   17  funds held by any entity pursuant to a contract executed for the
   18  Quick Action Closing Fund which are unexpended as of June 30,
   19  2017. Such unexpended funds shall be deposited into the State
   20  Economic Enhancement and Development Trust Fund. The department
   21  shall take all steps necessary to comply with this paragraph by
   22  September 1, 2017. The department shall notify the Governor, the
   23  President of the Senate, and the Speaker of the House of
   24  Representatives of its compliance with this paragraph by October
   25  1, 2017.
   26         (c) This subsection expires July 1, 2018.
   27         Section 4. Section 288.1226, Florida Statutes, is amended
   28  to read:
   29         288.1226 Florida Tourism Industry Marketing Corporation;
   30  use of property; board of directors; duties; audit.—
   31         (1) DEFINITIONS.—For the purposes of this section, the term
   32  “corporation” means the Florida Tourism Industry Marketing
   33  Corporation.
   34         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
   35  Corporation is a direct-support organization of Enterprise
   36  Florida, Inc.
   37         (a) The Florida Tourism Industry Marketing Corporation is a
   38  corporation not for profit, as defined in s. 501(c)(6) of the
   39  Internal Revenue Code of 1986, as amended, that is incorporated
   40  under the provisions of chapter 617 and approved by the
   41  Department of State.
   42         (b) The corporation is organized and operated exclusively
   43  to request, receive, hold, invest, and administer property and
   44  to manage and make expenditures for the operation of the
   45  activities, services, functions, and programs of this state
   46  which relate to the statewide, national, and international
   47  promotion and marketing of tourism.
   48         (c)1. The corporation is not an agency for the purposes of
   49  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
   50  relating to leasing of buildings; ss. 283.33 and 283.35,
   51  relating to bids for printing; s. 215.31; and parts I, II, and
   52  IV-VIII of chapter 112. However, the corporation shall comply
   53  with the per diem and travel expense provisions of s. 112.061.
   54         2.It is not a violation of s. 112.3143(2) or (4) for the
   55  officers or members of the board of directors of the corporation
   56  to:
   57         a.Vote on the 4-year marketing plan required under s.
   58  288.923 or vote on any individual component of or amendment to
   59  the plan.
   60         b.Participate in the establishment or calculation of
   61  payments related to the private match requirements of subsection
   62  (6). The officer or member must file an annual disclosure
   63  describing the nature of his or her interests or the interests
   64  of his or her principals, including corporate parents and
   65  subsidiaries of his or her principal, in the private match
   66  requirements. This annual disclosure requirement satisfies the
   67  disclosure requirement of s. 112.3143(4). This disclosure must
   68  be placed on the corporation’s website or included in the
   69  minutes of each meeting of the corporation’s board of directors
   70  at which the private match requirements are discussed or voted
   71  upon.
   72         (d) The corporation is subject to the provisions of chapter
   73  119, relating to public meetings, and those provisions of
   74  chapter 286 relating to public meetings and records.
   75         (3) USE OF PROPERTY.—Enterprise Florida, Inc.:
   76         (a) Is authorized to permit the use of property and
   77  facilities of Enterprise Florida, Inc., by the corporation,
   78  subject to the provisions of this section.
   79         (b) Shall prescribe conditions with which the corporation
   80  must comply in order to use property and facilities of
   81  Enterprise Florida, Inc. Such conditions shall provide for
   82  budget and audit review and for oversight by Enterprise Florida,
   83  Inc.
   84         (c) May not permit the use of property and facilities of
   85  Enterprise Florida, Inc., if the corporation does not provide
   86  equal employment opportunities to all persons, regardless of
   87  race, color, national origin, sex, age, or religion.
   88         (4) BOARD OF DIRECTORS.—The board of directors of the
   89  corporation shall be composed of 31 tourism-industry-related
   90  members, appointed by Enterprise Florida, Inc., in conjunction
   91  with the department. Board members shall serve without
   92  compensation, but are entitled to receive reimbursement for per
   93  diem and travel expenses pursuant to s. 112.061. Such expenses
   94  must be paid out of funds of the corporation.
   95         (a) The board shall consist of 16 members, appointed in
   96  such a manner as to equitably represent all geographic areas of
   97  the state, with no fewer than two members from any of the
   98  following regions:
   99         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  100  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  101  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  102         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  103  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  104  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  105  Taylor, and Union Counties.
  106         3. Region 3, composed of Brevard, Indian River, Lake,
  107  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  108  Volusia Counties.
  109         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  110  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  111         5. Region 5, composed of Charlotte, Collier, DeSoto,
  112  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  113         6. Region 6, composed of Broward, Martin, Miami-Dade,
  114  Monroe, and Palm Beach Counties.
  115         (b) The 15 additional tourism-industry-related members
  116  shall include 1 representative from the statewide rental car
  117  industry; 7 representatives from tourist-related statewide
  118  associations, including those that represent hotels,
  119  campgrounds, county destination marketing organizations,
  120  museums, restaurants, retail, and attractions; 3 representatives
  121  from county destination marketing organizations; 1
  122  representative from the cruise industry; 1 representative from
  123  an automobile and travel services membership organization that
  124  has at least 2.8 million members in Florida; 1 representative
  125  from the airline industry; and 1 representative from the space
  126  tourism industry, who will each serve for a term of 2 years.
  127         (5) POWERS AND DUTIES.—The corporation, in the performance
  128  of its duties:
  129         (a) May make and enter into contracts and assume such other
  130  functions as are necessary to carry out the provisions of the 4
  131  year marketing plan required by s. 288.923, and the
  132  corporation’s contract with Enterprise Florida, Inc., which are
  133  not inconsistent with this or any other provision of law. A
  134  proposed contract with a total value of $750,000 or more is
  135  subject to the notice and review procedures of s. 216.177. If
  136  the chair and vice chair of the Legislative Budget Commission,
  137  or the President of the Senate and the Speaker of the House of
  138  Representatives, timely advise the corporation in writing that
  139  such proposed contract is contrary to legislative policy and
  140  intent, the corporation may not execute such proposed contract.
  141  The corporation may not enter into multiple related contracts to
  142  avoid the requirements of this paragraph.
  143         (b) May develop a program to provide incentives and to
  144  attract and recognize those entities which make significant
  145  financial and promotional contributions towards the expanded
  146  tourism promotion activities of the corporation.
  147         (c) May establish a cooperative marketing program with
  148  other public and private entities which allows the use of the
  149  VISIT Florida logo in tourism promotion campaigns which meet the
  150  standards of Enterprise Florida, Inc., for which the corporation
  151  may charge a reasonable fee.
  152         (d) May sue and be sued and appear and defend in all
  153  actions and proceedings in its corporate name to the same extent
  154  as a natural person.
  155         (e) May adopt, use, and alter a common corporate seal.
  156  However, such seal must always contain the words “corporation
  157  not for profit.”
  158         (f) Shall elect or appoint such officers and agents as its
  159  affairs shall require and allow them reasonable compensation.
  160  However, reasonable compensation for employment paid from funds
  161  received from the state for any officer or agent, including the
  162  president and chief executive officer of the corporation, may
  163  not exceed the salary and benefits authorized to be paid to the
  164  Governor. Any payments of performance bonuses or severance pay
  165  paid from funds received from the state to an officer or agent
  166  of the corporation are prohibited unless specifically authorized
  167  by law.
  168         (g) Shall hire and establish salaries and personnel and
  169  employee benefit programs for such permanent and temporary
  170  employees as are necessary to carry out the provisions of the 4
  171  year marketing plan and the corporation’s contract with
  172  Enterprise Florida, Inc., which are not inconsistent with this
  173  or any other provision of law. However, an employee may not
  174  receive compensation for employment paid from funds received
  175  from the state which exceeds the salary and benefits authorized
  176  to be paid to the Governor. Any payments of performance bonuses
  177  or severance pay paid from funds received from the state to
  178  employees of the corporation are prohibited unless specifically
  179  authorized by law.
  180         (h) Shall provide staff support to the Division of Tourism
  181  Promotion of Enterprise Florida, Inc. The president and chief
  182  executive officer of the Florida Tourism Industry Marketing
  183  Corporation shall serve without compensation as the director of
  184  the division.
  185         (i) May adopt, change, amend, and repeal bylaws, not
  186  inconsistent with law or its articles of incorporation, for the
  187  administration of the provisions of the 4-year marketing plan
  188  and the corporation’s contract with Enterprise Florida, Inc.
  189         (i)(j) May conduct its affairs, carry on its operations,
  190  and have offices and exercise the powers granted by this act in
  191  any state, territory, district, or possession of the United
  192  States or any foreign country. Where feasible, appropriate, and
  193  recommended by the 4-year marketing plan developed by the
  194  Division of Tourism Promotion of Enterprise Florida, Inc., the
  195  corporation may collocate the programs of foreign tourism
  196  offices in cooperation with any foreign office operated by any
  197  agency of this state.
  198         (j)(k) May appear on its own behalf before boards,
  199  commissions, departments, or other agencies of municipal,
  200  county, state, or federal government.
  201         (k)(l) May request or accept any grant, payment, or gift,
  202  of funds or property made by this state or by the United States
  203  or any department or agency thereof or by any individual, firm,
  204  corporation, municipality, county, or organization for any or
  205  all of the purposes of the 4-year marketing plan and the
  206  corporation’s contract with Enterprise Florida, Inc., that are
  207  not inconsistent with this or any other provision of law. Such
  208  funds shall be deposited in a bank account established by the
  209  corporation’s board of directors. The corporation may expend
  210  such funds in accordance with the terms and conditions of any
  211  such grant, payment, or gift, in the pursuit of its
  212  administration or in support of the programs it administers. The
  213  corporation shall separately account for the public funds and
  214  the private funds deposited into the corporation’s bank account.
  215         (l)(m) Shall establish a plan for participation in the
  216  corporation which will provide additional funding for the
  217  administration and duties of the corporation.
  218         (m)(n) In the performance of its duties, may undertake, or
  219  contract for, marketing projects and advertising research
  220  projects.
  221         (n)(o) In addition to any indemnification available under
  222  chapter 617, the corporation may indemnify, and purchase and
  223  maintain insurance on behalf of, directors, officers, and
  224  employees of the corporation against any personal liability or
  225  accountability by reason of actions taken while acting within
  226  the scope of their authority.
  227         (o)May not create or establish any other entity,
  228  corporation, or direct-support organization.
  229         (p)May not expend funds, public or private, that directly
  230  benefit only one company, corporation, or business entity.
  231         (6)MATCHING REQUIREMENTS.—
  232         (a)A one-to-one match is required of private to public
  233  contributions to the corporation. Public contributions include
  234  all state appropriations to the corporation and exclude taxes
  235  derived pursuant to s. 125.0104.
  236         (b)For purposes of calculating the required one-to-one
  237  match, the private contributions the corporation receives must
  238  be in one of four private match categories. The corporation
  239  shall maintain documentation of such categorized contributions
  240  on file and make such documentation available for inspection
  241  upon reasonable notice during its regular business hours.
  242  Contribution details shall be included in the quarterly reports
  243  required under subsection (8). The private match categories are:
  244         1.Direct cash contributions from private sources, which
  245  include, but are not limited to, cash derived from strategic
  246  alliances, contributions of stocks and bonds, and partnership
  247  contributions.
  248         2.Fees for services, which include, but are not limited
  249  to, event participation, research, and brochure placement and
  250  transparencies.
  251         3.Cooperative advertising, which is limited to partner
  252  expenditures for paid media placement, partner expenditures for
  253  collateral material distribution, and the actual market value of
  254  contributed productions, air time, and print space.
  255         4.In-kind contributions, which are limited to the actual
  256  market value of promotional contributions of partner-supplied
  257  benefits to target audiences and the actual market value of
  258  nonpartner-supplied air time or print space contributed for the
  259  broadcasting or printing of such promotions, which would
  260  otherwise require tourist promotion expenditures by the
  261  corporation for advertising, air travel, rental car fees, hotel
  262  rooms, RV or campsite space rental, onsite guest services, and
  263  admission tickets. The net value of air time or print space, if
  264  any, shall be deemed to be the actual market value of the air
  265  time or print space, based on an average of actual unit prices
  266  paid contemporaneously for comparable times or spaces, less the
  267  value of increased ratings or other benefits realized by the
  268  media outlet as a result of the promotion.
  269  
  270  Contributions from a governmental entity or from an entity that
  271  received more than 50 percent of its revenue in the previous
  272  fiscal year from public sources, including revenue derived from
  273  taxes, other than taxes collected pursuant to s. 125.0104, from
  274  fees, or from other government revenues, are not considered
  275  private contributions for purposes of calculating the required
  276  one-to-one match.
  277         (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
  278  annual financial audit in accordance with s. 215.981. The annual
  279  audit report shall be submitted to the Auditor General; the
  280  Office of Program Policy Analysis and Government Accountability;
  281  Enterprise Florida, Inc.; and the department for review. The
  282  Office of Program Policy Analysis and Government Accountability;
  283  Enterprise Florida, Inc.; the department; and the Auditor
  284  General have the authority to require and receive from the
  285  corporation or from its independent auditor any detail or
  286  supplemental data relative to the operation of the corporation.
  287  The department shall annually certify whether the corporation is
  288  operating in a manner and achieving the objectives that are
  289  consistent with the policies and goals of Enterprise Florida,
  290  Inc., and its long-range marketing plan. The identity of a donor
  291  or prospective donor to the corporation who desires to remain
  292  anonymous and all information identifying such donor or
  293  prospective donor are confidential and exempt from the
  294  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  295  Constitution. Such anonymity shall be maintained in the
  296  auditor’s report.
  297         (8)(7) REPORT.—The corporation shall provide a quarterly
  298  report to Enterprise Florida, Inc., which shall:
  299         (a) Measure the current vitality of the visitor industry of
  300  this state as compared to the vitality of such industry for the
  301  year to date and for comparable quarters of past years.
  302  Indicators of vitality shall be determined by Enterprise
  303  Florida, Inc., and shall include, but not be limited to,
  304  estimated visitor count and party size, length of stay, average
  305  expenditure per party, and visitor origin and destination.
  306         (b) Provide detailed, unaudited financial statements of
  307  sources and uses of public and private funds.
  308         (c) Measure progress towards annual goals and objectives
  309  set forth in the 4-year marketing plan.
  310         (d) Review all pertinent research findings.
  311         (e) Provide other measures of accountability as requested
  312  by Enterprise Florida, Inc.
  313  
  314  The corporation must take all steps necessary to provide all
  315  data that is used to develop the report, including source data,
  316  to the Office of Economic and Demographic Research.
  317         (9)(8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  318  who responds to a marketing project or advertising research
  319  project conducted by the corporation in the performance of its
  320  duties on behalf of Enterprise Florida, Inc., or trade secrets
  321  as defined by s. 812.081 obtained pursuant to such activities,
  322  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  323  Constitution. This subsection is subject to the Open Government
  324  Sunset Review Act in accordance with s. 119.15 and shall stand
  325  repealed on October 2, 2021, unless reviewed and saved from
  326  repeal through reenactment by the Legislature.
  327         (10)PROHIBITIONS; CORPORATE FUNDS; GIFTS.—Funds of the
  328  corporation may not be expended for food, beverages, lodging,
  329  entertainment, or gifts for employees of the corporation, board
  330  members of the corporation, or employees of a tourist or
  331  economic development entity that receives revenue from a tax
  332  imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305,
  333  unless authorized pursuant to s. 112.061 or this section. An
  334  employee or board member of the corporation may not accept or
  335  receive food, beverages, lodging, entertainment, or gifts from
  336  an economic development entity that receives revenue only from a
  337  tax imposed pursuant to s. 125.0108 or s. 212.0305, or from any
  338  person, vendor, or other entity doing business with the
  339  corporation unless such food, beverage, lodging, entertainment,
  340  or gift is available to similarly situated members of the
  341  general public.
  342         (11)LODGING EXPENSES.—Lodging expenses for an employee of
  343  the corporation may not exceed $150 per day, excluding taxes,
  344  unless the corporation is participating in a negotiated group
  345  rate discount or the corporation provides documentation of at
  346  least three comparable alternatives demonstrating that such
  347  lodging at the required rate is not available. However, an
  348  employee of the corporation may expend his or her own funds for
  349  any lodging expenses in excess of $150 per day.
  350         (12)PROPOSED OPERATING BUDGET SUBMISSION.—By August 15 of
  351  each fiscal year, the department shall submit a proposed
  352  operating budget for the corporation, including amounts to be
  353  expended on advertising, marketing, promotions, events, other
  354  operating capital outlay, and salaries and benefits for each
  355  employee, to the Governor, the President of the Senate, and the
  356  Speaker of the House of Representatives.
  357         (13)TRANSPARENCY.—
  358         (a)All contracts executed by the corporation shall be
  359  placed for viewing on the corporation’s website. All contracts
  360  with the corporation valued at $500,000 or more shall be placed
  361  on the corporation’s website for review 14 days before
  362  execution. A contract entered into between the corporation and
  363  any other public or private entity shall include:
  364         1.The purpose of the contract.
  365         2.Specific performance standards and responsibilities for
  366  each entity.
  367         3.A detailed project or contract budget, if applicable.
  368         4.The value of any services provided.
  369         5.The projected travel and entertainment expenses for
  370  employees and board members, if applicable.
  371         (b)1.Any entity that in the previous fiscal year received
  372  more than 50 percent of its revenue from the corporation or from
  373  taxes imposed pursuant to s. 125.0108 or s. 212.0305, and that
  374  partners with the corporation or participates in a program,
  375  cooperative advertisement, promotional opportunity, or other
  376  activity offered by or in conjunction with the corporation,
  377  shall annually report by July 1 all public and private financial
  378  data posted on its website to the Governor, the President of the
  379  Senate, and the Speaker of the House of Representatives.
  380         2.The financial data shall include:
  381         a.The total amount of revenue received from public and
  382  private sources.
  383         b.The operating budget of the partner entity.
  384         c.Employee and board member salary and benefit details
  385  from public and private funds.
  386         d.An itemized accounting of all expenditures by the
  387  partner entity on behalf of, or coordinated for the benefit of,
  388  the corporation, its board members, or employees.
  389         e.Itemized travel and entertainment expenditures of the
  390  partner entity.
  391         (c)The following information must be posted on the
  392  corporation’s website:
  393         1.A plain language version of any contract estimated to
  394  exceed $35,000 with a private entity, municipality, county,
  395  town, or vendor of services, supplies, or programs, including
  396  marketing, or for the purchase or lease or use of lands,
  397  facilities, or properties.
  398         2.Any agreement entered into between the corporation and
  399  any other entity, including a local government, private entity,
  400  or nonprofit entity, which receives public funds or funds from a
  401  tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  402  212.0305.
  403         3.The contracts and the required information pursuant to
  404  paragraph (a) and the financial data submitted to the
  405  corporation pursuant to paragraph (b).
  406         4.Video recordings of each board meeting.
  407         5.A detailed report of expenditures following each
  408  marketing event paid for with the corporation’s funds. Such
  409  report must be posted within 10 business days after the event.
  410         6.An annual itemized accounting of the total amount of
  411  funds spent by any third party on behalf of the corporation or
  412  any board member or employee of the corporation.
  413         7.An annual itemized accounting of the total amount of
  414  travel and entertainment expenditures by the corporation.
  415         (d)The corporation’s website must:
  416         1.Allow users to navigate to related sites to view
  417  supporting details.
  418         2.Enable a taxpayer to e-mail questions to the corporation
  419  and make such questions and the corporation’s responses publicly
  420  viewable.
  421         (14)(9) REPEAL.—This section is repealed October 1, 2019,
  422  unless reviewed and saved from repeal by the Legislature.
  423         Section 5. Section 288.12266, Florida Statutes, is created
  424  to read:
  425         288.12266Targeted Marketing Assistance Program.—
  426         (1)The Targeted Marketing Assistance Program is created to
  427  enhance the tourism business marketing of small, minority,
  428  rural, and agritourism businesses in the state. The department,
  429  in conjunction with the Florida Tourism Industry Marketing
  430  Corporation, shall administer the program. The program shall
  431  provide marketing plans, marketing assistance, promotional
  432  support, media development, technical expertise, marketing
  433  advice, technology training, social marketing support, and other
  434  assistance to an eligible entity.
  435         (2)As used in this section, the term “eligible entity”
  436  means an independently owned and operated business with gross
  437  revenue not exceeding $1.25 million or a nonprofit corporation
  438  that meets the requirements of s. 501(c)(3) of the Internal
  439  Revenue Code.
  440         (3)The department and the Florida Tourism Industry
  441  Marketing Corporation shall provide an annual report to the
  442  Governor, the President of the Senate, and the Speaker of the
  443  House of Representatives documenting that at least 50 percent of
  444  the eligible entities receiving assistance through this program
  445  are independently owned and operated businesses with gross
  446  revenues not exceeding $500,000.
  447         Section 6. Section 288.124, Florida Statutes, is amended to
  448  read:
  449         288.124 Convention grants program.—The Florida Tourism
  450  Industry Marketing Corporation Enterprise Florida, Inc., is
  451  authorized to establish a convention grants program and,
  452  pursuant to that program, to recommend to the department
  453  expenditures and contracts with local governments and nonprofit
  454  corporations or organizations for the purpose of attracting
  455  national conferences and conventions to Florida. Preference
  456  shall be given to local governments and nonprofit corporations
  457  or organizations seeking to attract minority conventions to
  458  Florida. Minority conventions are events that primarily involve
  459  minority persons, as defined in s. 288.703, who are residents or
  460  nonresidents of the state. The Florida Tourism Industry
  461  Marketing Corporation Enterprise Florida, Inc., shall establish
  462  guidelines governing the award of grants and the administration
  463  of this program. The department has final approval authority for
  464  any grants under this section. The total annual allocation of
  465  funds for this program shall not exceed $40,000.
  466         Section 7. Subsection (5) of section 288.901, Florida
  467  Statutes, is amended to read:
  468         288.901 Enterprise Florida, Inc.—
  469         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
  470         (a) In addition to the Governor or his or her designee, the
  471  board of directors shall consist of the following appointed
  472  members:
  473         1. The Commissioner of Education or his or her designee.
  474         2. The Chief Financial Officer or his or her designee.
  475         3. The Attorney General or his or her designee.
  476         4. The Commissioner of Agriculture or his or her designee.
  477         5. The chairperson of the board of directors of
  478  CareerSource Florida, Inc.
  479         6. The Secretary of State or his or her designee.
  480         7. Twelve members from the private sector, six of whom
  481  shall be appointed by the Governor, three of whom shall be
  482  appointed by the President of the Senate, and three of whom
  483  shall be appointed by the Speaker of the House of
  484  Representatives. Members appointed by the Governor are subject
  485  to Senate confirmation.
  486         (b) In making their appointments, the Governor, the
  487  President of the Senate, and the Speaker of the House of
  488  Representatives shall ensure that the composition of the board
  489  of directors reflects the diversity of Florida’s business
  490  community and is representative of the economic development
  491  goals in subsection (2). The board must include at least one
  492  director for each of the following areas of expertise:
  493  international business, tourism marketing, the space or
  494  aerospace industry, managing or financing a minority-owned
  495  business, manufacturing, finance and accounting, and sports
  496  marketing.
  497         (c) The Governor, the President of the Senate, and the
  498  Speaker of the House of Representatives also shall consider
  499  appointees who reflect Florida’s racial, ethnic, and gender
  500  diversity. Efforts shall be taken to ensure participation from
  501  all geographic areas of the state, including representation from
  502  urban and rural communities.
  503         (d) Appointed members shall be appointed to 4-year terms,
  504  except that initially, to provide for staggered terms, the
  505  Governor, the President of the Senate, and the Speaker of the
  506  House of Representatives shall each appoint one member to serve
  507  a 2-year term and one member to serve a 3-year term, with the
  508  remaining initial appointees serving 4-year terms. All
  509  subsequent appointments shall be for 4-year terms.
  510         (e) Initial appointments must be made by October 1, 2011,
  511  and be eligible for confirmation at the earliest available
  512  Senate session. Terms end on September 30.
  513         (f) Any member is eligible for reappointment, except that a
  514  member may not serve more than two terms.
  515         (g) A vacancy on the board of directors shall be filled for
  516  the remainder of the unexpired term. Vacancies on the board
  517  shall be filled by appointment by the Governor, the President of
  518  the Senate, or the Speaker of the House of Representatives,
  519  respectively, depending on who appointed the member whose
  520  vacancy is to be filled or whose term has expired.
  521         (h) Appointed members may be removed by the Governor, the
  522  President of the Senate, or the Speaker of the House of
  523  Representatives, respectively, for cause. Absence from three
  524  consecutive meetings results in automatic removal.
  525  
  526  All board members shall serve without compensation, but are
  527  entitled to receive reimbursement for per diem and travel
  528  expenses pursuant to s. 112.061. Such expenses must be paid out
  529  of funds of Enterprise Florida, Inc.
  530         Section 8. Subsections (7), (8), and (9) are added to
  531  section 288.903, Florida Statutes, to read:
  532         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  533  Florida, Inc., shall have the following duties:
  534         (7)Submit all proposed contracts with a total value of
  535  $750,000 or more in accordance with the notice and review
  536  procedures of s. 216.177. If the chair and vice chair of the
  537  Legislative Budget Commission, or the President of the Senate
  538  and the Speaker of the House of Representatives, timely advise
  539  Enterprise Florida, Inc., in writing that such proposed contract
  540  is contrary to legislative policy and intent, Enterprise
  541  Florida, Inc., may not execute such proposed contract.
  542  Enterprise Florida, Inc., may not enter into multiple related
  543  contracts to avoid the requirements of this subsection. This
  544  subsection does not apply to contracts for the award of a
  545  statutorily authorized incentive program.
  546         (8)May not create or establish any other entity,
  547  corporation, or direct-support organization, unless authorized
  548  by law.
  549         (9)Enterprise Florida, Inc., shall comply with the per
  550  diem and travel expense provisions of s. 112.061.
  551         Section 9. Section 288.904, Florida Statutes, is amended to
  552  read:
  553         288.904 Funding for Enterprise Florida, Inc.; performance
  554  and return on the public’s investment.—
  555         (1)(a) The Legislature may annually appropriate to
  556  Enterprise Florida, Inc., a sum of money for its operations, and
  557  separate line-item appropriations for each of the divisions
  558  listed in s. 288.92.
  559         (b) The state’s operating investment in Enterprise Florida,
  560  Inc., and its divisions is the budget contracted by the
  561  department to Enterprise Florida, Inc., less any funding that is
  562  directed by the Legislature to be subcontracted to a specific
  563  recipient entity.
  564         (c) The board of directors of Enterprise Florida, Inc.,
  565  shall adopt for each upcoming fiscal year an operating budget
  566  for the organization, including its divisions, which specifies
  567  the intended uses of the state’s operating investment and a plan
  568  for securing private sector support.
  569         (2)(a) The Legislature finds that it is a priority to
  570  maximize private sector support in operating Enterprise Florida,
  571  Inc., and its divisions, as an endorsement of its value and as
  572  an enhancement of its efforts. Thus, the state appropriations
  573  must be matched with private sector support equal to at least
  574  100 percent of the state operational funding.
  575         (b) Private sector support in operating Enterprise Florida,
  576  Inc., and its divisions includes:
  577         1. Cash given directly to Enterprise Florida, Inc., for its
  578  operations, including contributions from at-large members of the
  579  board of directors;
  580         2. Cash donations from organizations assisted by the
  581  divisions;
  582         3. Cash jointly raised by Enterprise Florida, Inc., and a
  583  private local economic development organization, a group of such
  584  organizations, or a statewide private business organization that
  585  supports collaborative projects;
  586         4. Cash generated by fees charged for products or services
  587  of Enterprise Florida, Inc., and its divisions by sponsorship of
  588  events, missions, programs, and publications; and
  589         5. Copayments, stock, warrants, royalties, or other private
  590  resources dedicated to Enterprise Florida, Inc., or its
  591  divisions.
  592         (3)(a)Specifically for the marketing and advertising
  593  activities of the Division of Tourism Marketing or as contracted
  594  through the Florida Tourism Industry Corporation, a one-to-one
  595  match is required of private to public contributions within 4
  596  calendar years after the implementation date of the marketing
  597  plan pursuant to s. 288.923.
  598         (b)For purposes of calculating the required one-to-one
  599  match, matching private funds shall be divided into four
  600  categories. Documentation for the components of the four private
  601  match categories shall be kept on file for inspection as
  602  determined necessary. The four private match categories are:
  603         1.Direct cash contributions, which include, but are not
  604  limited to, cash derived from strategic alliances, contributions
  605  of stocks and bonds, and partnership contributions.
  606         2.Fees for services, which include, but are not limited
  607  to, event participation, research, and brochure placement and
  608  transparencies.
  609         3.Cooperative advertising, which is the value based on
  610  cost of contributed productions, air time, and print space.
  611         4.In-kind contributions, which include, but are not
  612  limited to, the value of strategic alliance services
  613  contributed, the value of loaned employees, discounted service
  614  fees, items contributed for use in promotions, and radio or
  615  television air time or print space for promotions. The value of
  616  air time or print space shall be calculated by taking the actual
  617  time or space and multiplying by the nonnegotiated unit price
  618  for that specific time or space which is known as the media
  619  equivalency value. In order to avoid duplication in determining
  620  media equivalency value, only the value of the promotion itself
  621  shall be included; the value of the items contributed for the
  622  promotion may not be included.
  623         (4) Enterprise Florida, Inc., shall fully comply with the
  624  performance measures, standards, and sanctions in its contract
  625  with the department, under s. 20.60. The department shall
  626  ensure, to the maximum extent possible, that the contract
  627  performance measures are consistent with performance measures
  628  that it is required to develop and track under performance-based
  629  program budgeting. The contract shall also include performance
  630  measures for the divisions.
  631         (4)(5) The Legislature intends to review the performance of
  632  Enterprise Florida, Inc., in achieving the performance goals
  633  stated in its annual contract with the department to determine
  634  whether the public is receiving a positive return on its
  635  investment in Enterprise Florida, Inc., and its divisions. It
  636  also is the intent of the Legislature that Enterprise Florida,
  637  Inc., coordinate its operations with local economic development
  638  organizations to maximize the state and local return on
  639  investment to create jobs for Floridians.
  640         (5)By August 15 of each fiscal year, the department shall
  641  submit a proposed operating budget for Enterprise Florida, Inc.,
  642  including amounts to be expended on incentives, business
  643  recruitment, advertising, events, other operating capital
  644  outlay, and salaries and benefits for each employee to the
  645  Governor, the President of the Senate, and the Speaker of the
  646  House of Representatives.
  647         (6)(a)All contracts executed by Enterprise Florida, Inc.,
  648  shall be placed for viewing on the corporation’s website.
  649         (b)A contract entered into between Enterprise Florida,
  650  Inc., and any other public or private entity must include:
  651         1.The purpose of the contract.
  652         2.Specific performance standards and responsibilities for
  653  each entity.
  654         3.A detailed project or contract budget, if applicable.
  655         4.The value of any services provided.
  656         5.The projected travel and entertainment expenses for
  657  employees and board members, if applicable.
  658         (c)1.Any entity that in the previous fiscal year received
  659  more than 50 percent of its revenue from Enterprise Florida,
  660  Inc., or from a tax imposed pursuant to s. 125.0104, s.
  661  125.0108, or s. 212.0305, and that partners with Enterprise
  662  Florida, Inc., in a program or other activity offered by or in
  663  conjunction with Enterprise Florida, Inc., shall annually report
  664  by July 1 all public and private financial data posted on its
  665  website to the Governor, the President of the Senate, and the
  666  Speaker of the House of Representatives.
  667         2.The financial data shall include:
  668         a.The total amount of revenue received from public and
  669  private sources.
  670         b.The operating budget of the partner entity.
  671         c.Employee and board member salary and benefit details
  672  from public and private funds.
  673         d.An itemized accounting of all expenditures by the
  674  partner entity on behalf of, or coordinated for the benefit of,
  675  Enterprise Florida, Inc., its board members, or employees.
  676         e.Itemized travel and entertainment expenditures of the
  677  partner entity.
  678         (d)The following information must be posted on the website
  679  of Enterprise Florida, Inc.:
  680         1.A plain language version of any contract that is
  681  estimated to exceed $35,000 with a private entity, municipality,
  682  county, town, or vendor of services, supplies, or programs,
  683  including marketing, or for the purchase or lease or use of
  684  lands, facilities, or properties.
  685         2.Any agreement entered into between Enterprise Florida,
  686  Inc., and any other entity, including a local government,
  687  private entity, or nonprofit entity, which receives public funds
  688  or funds from a tax imposed pursuant to s. 125.0104, s.
  689  125.0108, or s. 212.0305.
  690         3.The contracts and the required information pursuant to
  691  paragraph (b) and the financial data submitted to Enterprise
  692  Florida, Inc., pursuant to paragraph (c).
  693         4.Video recordings of each board meeting.
  694         5.A detailed report of expenditures following each
  695  marketing or business recruitment event paid for with Enterprise
  696  Florida, Inc., funds. Such report must be posted within 10
  697  business days after the event.
  698         6.An annual itemized accounting of the total amount of
  699  funds spent by any third party on behalf of Enterprise Florida,
  700  Inc., or any board member or employee of Enterprise Florida,
  701  Inc.
  702         7.An annual itemized accounting of the total amount of
  703  travel and entertainment expenditures by Enterprise Florida,
  704  Inc.
  705         (e)The Enterprise Florida, Inc., website must:
  706         1.Allow users to navigate to related sites to view
  707  supporting details.
  708         2.Enable a taxpayer to e-mail questions to Enterprise
  709  Florida, Inc., and make such questions and Enterprise Florida,
  710  Inc., responses publicly viewable.
  711         Section 10. Section 288.905, Florida Statutes, is amended
  712  to read:
  713         288.905 President and employees of Enterprise Florida,
  714  Inc.—
  715         (1) The board of directors of Enterprise Florida, Inc.,
  716  shall appoint a president, who shall serve at the pleasure of
  717  the Governor. The president shall also be known as the
  718  “secretary of commerce” and shall serve as the Governor’s chief
  719  negotiator for business recruitment and business expansion.
  720         (2) The president is the chief administrative and
  721  operational officer of the board of directors and of Enterprise
  722  Florida, Inc., and shall direct and supervise the administrative
  723  affairs of the board of directors and any divisions, councils,
  724  or boards. The board of directors may delegate to the president
  725  those powers and responsibilities it deems appropriate,
  726  including hiring and management of all staff, except for the
  727  appointment of a president.
  728         (3) The board of directors shall establish and adjust the
  729  president’s compensation.
  730         (4) An No employee of Enterprise Florida, Inc., including
  731  an officer or agent, the president, or the chief executive
  732  officer, may not receive compensation for employment paid from
  733  funds received from the state which that exceeds the salary and
  734  benefits authorized to be paid to the Governor, unless the board
  735  of directors and the employee have executed a contract that
  736  prescribes specific, measurable performance outcomes for the
  737  employee, the satisfaction of which provides the basis for the
  738  award of incentive payments that increase the employee’s total
  739  compensation to a level above the salary paid to the Governor.
  740  Any payments of performance bonuses or severance pay paid from
  741  funds received from the state to employees are prohibited unless
  742  specifically authorized by law.
  743         (5)Lodging expenses for an employee of Enterprise Florida,
  744  Inc., may not exceed $150 per day, excluding taxes, unless
  745  Enterprise Florida, Inc., is participating in a negotiated group
  746  rate discount or Enterprise Florida, Inc., provides
  747  documentation of at least three comparable alternatives
  748  demonstrating that such lodging at the required rate is not
  749  available. However, an employee of Enterprise Florida, Inc., may
  750  expend his or her own funds for any lodging expenses in excess
  751  of $150 per day.
  752         (6)Funds of Enterprise Florida, Inc., may not be expended
  753  for food, beverages, lodging, entertainment, or gifts for
  754  employees of Enterprise Florida, Inc., board members of
  755  Enterprise Florida, Inc., or employees of a tourist or economic
  756  development entity that receives revenue from a tax imposed
  757  pursuant to s. 125.0104, s. 125.0108, or s. 212.0305, unless
  758  authorized pursuant to s. 112.061 or this section. An employee
  759  or board member of Enterprise Florida, Inc., may not accept or
  760  receive food, beverages, lodging, entertainment, or gifts from a
  761  tourist or economic development entity that receives revenue
  762  from a tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  763  212.0305, or from any person, vendor, or other entity doing
  764  business with the corporation unless such food, beverage,
  765  lodging, entertainment, or gift is available to similarly
  766  situated members of the general public.
  767         Section 11. For the 2017-2018 fiscal year, the recurring
  768  sum of $26 million and the nonrecurring sum of $26 million from
  769  the State Economic Enhancement and Development Trust Fund and
  770  the recurring sum of $24 million from the Tourism Promotional
  771  Trust Fund are appropriated to the Department of Economic
  772  Opportunity to contract with the Florida Tourism Industry
  773  Marketing Corporation.
  774         Section 12. For the 2017-2018 fiscal year, the recurring
  775  sum of $9.4 million from the State Economic Enhancement and
  776  Development Trust Fund and the recurring sum of $6.6 million
  777  from the Florida International Trade and Promotion Trust Fund
  778  are appropriated to the Department of Economic Opportunity to
  779  contract with Enterprise Florida, Inc., for operational purposes
  780  and to maintain its offices but excluding expenditures on any
  781  incentive tools or programs unless explicitly authorized by this
  782  act. From the funds appropriated from the Florida International
  783  Trade and Promotion Trust Fund, Enterprise Florida, Inc., shall
  784  allocate $3.55 million for international programs, $2.05 million
  785  to maintain Florida’s international offices, and $1 million to
  786  continue the Florida Export Diversification and Expansion
  787  Programs.
  788  
  789  ================= T I T L E  A M E N D M E N T ================
  790  And the title is amended as follows:
  791         Delete lines 6 - 25
  792  and insert:
  793         to the General Revenue Fund; amending