Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1714 Ì4063669Î406366 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/29/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Perry) recommended the following: 1 Senate Amendment to Amendment (655428) (with title 2 amendment) 3 4 Delete lines 322 - 584 5 and insert: 6 (1) DEFINITIONS.—For purposes of this section, the term: 7 (a) “Local governmental entity” means the county or 8 municipality on whose behalf the tourism promotion agency 9 engages in tourism promotion activity. 10 (b) “Promote tourism development” means using public funds 11 to promote or perform the activities described in s. 12 125.0104(5). 13 (c) “Tourism promotion agency” means an entity, including, 14 but not limited to, an agency as defined in s. 119.011, that 15 receives public funds to promote tourism development on behalf 16 of one or more local governmental entities. 17 1. The term also includes any local governmental entity or 18 any entity under contract with one or more local governmental 19 entities to promote tourism development on behalf of such local 20 governmental entity or entities through the expenditure of 21 public funds. 22 2. For purposes of this section, the Florida Tourism 23 Industry Marketing Corporation and the Department of Economic 24 Opportunity are not considered tourism promotion agencies. 25 (2) OPERATION.—A tourism promotion agency must operate in 26 accordance with the following: 27 (a) Directors, officers, and members of the board of 28 directors of a tourism promotion agency shall disclose to the 29 board any activity that may reasonably be construed to be a 30 conflict of interest. 31 (b) Board members shall serve without compensation. 32 (c) Officers, employees, or agents, including the president 33 or chief executive officer, may not receive compensation from 34 public funds for the performance of tourism promotion-related 35 duties, responsibilities, or services in an amount that exceeds 36 the annual compensation of the chief administrative or executive 37 officer or employee of the local governmental entity on whose 38 behalf such duties, responsibilities, or services are performed. 39 Any payments of performance bonuses or severance pay to 40 officers, employees, or agents from public funds are prohibited 41 unless specifically authorized by law. 42 (3) TRANSPARENCY.— 43 (a) All contracts entered into by a tourism promotion 44 agency must include: 45 1. The purpose of the contract. 46 2. Specific performance standards and responsibilities for 47 each entity. 48 3. A detailed project or contract budget, if applicable. 49 4. The value of any services provided. 50 5. The projected travel and entertainment expenses for 51 employees and board members, if applicable. 52 (b)1. A tourism promotion agency shall submit to the 53 governing body of the local governmental entity, within 45 days 54 after the end of its fiscal year, a complete and detailed report 55 setting forth all public and private financial data of the 56 tourism promotion agency, and shall publish such report on its 57 website. 58 2. The financial data must include: 59 a. The total amount of revenue received from public and 60 private sources. 61 b. The operating budget. 62 c. The total amount of salary, benefits, and other 63 compensation provided by the tourism promotion agency to its 64 officers, employees, or agents, regardless of the funding 65 source. 66 d. An itemized account of all expenditures, including all 67 travel and entertainment expenditures. 68 e. All contracts with a total contract value of $5,000 or 69 more. 70 (c) A tourism promotion agency that fails to comply with 71 the transparency and accountability requirements of this 72 subsection may not receive or expend public funds until it 73 becomes fully compliant. 74 (d) The local governmental entity shall maintain and 75 provide online access to all of the information required under 76 this subsection and s. 125.0104(4)(f). Each local governmental 77 entity shall provide the Department of Economic Opportunity with 78 the specific website address where the required information is 79 published and maintained online, and the Department of Economic 80 Opportunity shall publish and maintain a single online directory 81 that lists each local governmental entity and the specific 82 website address where such required information may be located. 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete lines 726 - 767 87 and insert: 88 accounts and records; creating s. 288.0751, F.S.; 89 defining terms; providing requirements for the 90 operation of economic development agencies; requiring 91 specified persons to file an annual disclosure of 92 certain interests; providing requirements for such 93 disclosure; requiring board members to serve without 94 compensation; authorizing per diem and travel expenses 95 for certain persons paid from specified funds; 96 prohibiting specified persons from receiving pubic 97 compensation in excess of a certain amount; 98 prohibiting certain performance bonuses and severance 99 pay except under certain circumstances; subjecting 100 certain persons to a specified code of ethics; 101 requiring an economic development agency to take 102 certain actions regarding a significant potential 103 conflict of interest; limiting lodging expenses for 104 certain persons; providing an exception; authorizing 105 certain persons to expend their own funds in excess of 106 the lodging expense limit; prohibiting the expenditure 107 of economic development agency funds on certain items 108 unless authorized by law; prohibiting specified 109 persons from accepting certain items from specified 110 entities under certain circumstances; requiring that 111 contracts include specified information; requiring 112 that certain contracts be submitted to the governing 113 body of the local governmental entity and published on 114 such entity’s website within a certain timeframe; 115 prohibiting an economic development agency from 116 executing certain contracts without obtaining a 117 majority vote of the governing body of the local 118 governmental entity; requiring an economic development 119 agency to submit a report of financial data to the 120 governing body of a local governmental entity and 121 publish such report on its website within a certain 122 timeframe; requiring that the financial data include 123 certain items; requiring that an economic development 124 agency’s website contain certain information; 125 specifying that certain records are public records; 126 requiring an economic development agency to provide 127 online access to certain information; requiring an 128 economic development agency to provide the Department 129 of Economic Opportunity with a certain website 130 address; requiring the department to publish and 131 maintain a directory of certain information; 132 prohibiting an economic development agency from 133 receiving or expending public funds while in violation 134 of certain requirements; requiring the Auditor General 135 to conduct certain audits and report to certain 136 persons if certain violations are found; providing 137 that it is unlawful to knowingly and willfully make 138 materially false or misleading statements, provide 139 false or misleading information, fail to report 140 certain information, or purposefully avoid specified 141 requirements; providing civil and criminal penalties; 142 providing applicability; requiring a local 143 governmental entity to cease and desist from 144 transferring or providing public funds to an economic 145 development agency that fails to comply with this 146 section; creating s. 288.12261, F.S.; defining terms; 147 providing requirements for the operation of tourism 148 promotion agencies; requiring board members to serve 149 without compensation; prohibiting specified persons 150 from receiving public compensation in excess of a 151 certain amount; prohibiting certain performance 152 bonuses and severance pay except under certain 153 circumstances; requiring that contracts include 154 specified information; requiring a tourism promotion 155 agency to submit a report of financial data to the 156 governing body of the local governmental entity and 157 publish such report on its website within a certain 158 timeframe; requiring that the financial data include 159 certain items; prohibiting a tourism promotion agency 160 from receiving or expending public funds while in 161 violation of certain requirements; requiring a local 162 governmental entity to maintain and provide online 163 access to certain information; requiring a local 164 governmental entity to provide the department with a 165 certain website address; requiring the department to 166 publish and maintain a directory of certain 167 information; amending s. 125.0104, F.S.; requiring