Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1714 Ì923982CÎ923982 LEGISLATIVE ACTION Senate . House Comm: WD . 01/29/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 273 - 468 4 and insert: 5 (1) DEFINITIONS.—For purposes of this section, the term: 6 (a) “Local governmental entity” means the county or 7 municipality on whose behalf the tourism promotion agency 8 engages in tourism promotion activity. 9 (b) “Promote tourism development” means using public funds 10 to promote or perform the activities described in s. 11 125.0104(5). 12 (c) “Tourism promotion agency” means an entity, including, 13 but not limited to, an agency as defined in s. 119.011, that 14 receives public funds to promote tourism development on behalf 15 of one or more local governmental entities. 16 1. The term also includes any local governmental entity or 17 any entity under contract with one or more local governmental 18 entities to promote tourism development on behalf of such local 19 governmental entity or entities through the expenditure of 20 public funds. 21 2. For purposes of this section, the Florida Tourism 22 Industry Marketing Corporation and the Department of Economic 23 Opportunity are not considered tourism promotion agencies. 24 (2) OPERATION.—A tourism promotion agency must operate in 25 accordance with the following: 26 (a) Directors, officers, and members of the board of 27 directors of a tourism promotion agency shall disclose to the 28 board any activity that may reasonably be construed to be a 29 conflict of interest. 30 (b) Board members shall serve without compensation. 31 (c) Officers, employees, or agents, including the president 32 or chief executive officer, may not receive compensation from 33 public funds for the performance of tourism promotion-related 34 duties, responsibilities, or services in an amount that exceeds 35 the annual compensation of the chief administrative or executive 36 officer or employee of the local governmental entity on whose 37 behalf such duties, responsibilities, or services are performed. 38 Any payments of performance bonuses or severance pay to 39 officers, employees, or agents from public funds are prohibited 40 unless specifically authorized by law. 41 (3) TRANSPARENCY.— 42 (a) All contracts entered into by a tourism promotion 43 agency must include: 44 1. The purpose of the contract. 45 2. Specific performance standards and responsibilities for 46 each entity. 47 3. A detailed project or contract budget, if applicable. 48 4. The value of any services provided. 49 5. The projected travel and entertainment expenses for 50 employees and board members, if applicable. 51 (b)1. A tourism promotion agency shall submit to the 52 governing body of the local governmental entity, within 45 days 53 after the end of its fiscal year, a complete and detailed report 54 setting forth all public and private financial data of the 55 tourism promotion agency, and shall publish such report on its 56 website. 57 2. The financial data must include: 58 a. The total amount of revenue received from public and 59 private sources. 60 b. The operating budget. 61 c. The total amount of salary, benefits, and other 62 compensation provided by the tourism promotion agency to its 63 officers, employees, or agents, regardless of the funding 64 source. 65 d. An itemized account of all expenditures, including all 66 travel and entertainment expenditures. 67 e. All contracts with a total contract value of $5,000 or 68 more. 69 (c) A tourism promotion agency that fails to comply with 70 the transparency and accountability requirements of this 71 subsection may not receive or expend public funds until it 72 becomes fully compliant. 73 (d) The local governmental entity shall maintain and 74 provide online access to all of the information required under 75 this subsection and s. 125.0104(4)(f). Each local governmental 76 entity shall provide the Department of Economic Opportunity with 77 the specific website address where the required information is 78 published and maintained online, and the Department of Economic 79 Opportunity shall publish and maintain a single online directory 80 that lists each local governmental entity and the specific 81 website address where such required information may be located. 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Delete lines 5 - 45 86 and insert: 87 accounts and records; creating s. 288.0751, F.S.; 88 defining terms; providing requirements for the 89 operation of economic development agencies; requiring 90 specified persons to file an annual disclosure of 91 certain interests; providing requirements for such 92 disclosure; requiring board members to serve without 93 compensation; authorizing per diem and travel expenses 94 for certain persons paid from specified funds; 95 prohibiting specified persons from receiving pubic 96 compensation in excess of a certain amount; 97 prohibiting certain performance bonuses and severance 98 pay; subjecting certain persons to a specified code of 99 ethics; requiring an economic development agency to 100 take certain actions regarding a significant potential 101 conflict of interest; limiting lodging expenses for 102 certain persons; providing an exception; authorizing 103 certain persons to expend their own funds in excess of 104 the lodging expense limit; prohibiting the expenditure 105 of economic development agency funds on certain items 106 unless authorized by law; prohibiting specified 107 persons from accepting certain items from specified 108 entities under certain circumstances; requiring that 109 contracts include specified information; requiring 110 that certain contracts be submitted to the governing 111 board of the county and published on the county’s 112 website within a certain timeframe; prohibiting an 113 economic development agency from executing certain 114 contracts without obtaining a majority vote of the 115 governing board of the county; requiring an economic 116 development agency to submit a report of financial 117 data to the governing board of a county and publish 118 such report on its website within a certain timeframe; 119 requiring that the financial data include certain 120 items; requiring that an economic development agency’s 121 website contain certain information; specifying that 122 certain records are public records; requiring an 123 economic development agency to provide online access 124 to certain information; requiring an economic 125 development agency to provide the Department of 126 Economic Opportunity with a certain website address; 127 requiring the department to publish and maintain a 128 directory of certain information; prohibiting an 129 economic development agency from receiving or 130 expending public funds while in violation of certain 131 requirements; requiring the Auditor General to conduct 132 certain audits and report to certain persons if 133 certain violations are found; providing that it is 134 unlawful to knowingly and willfully make false or 135 misleading statements, provide false or misleading 136 information, fail to report certain information, or 137 purposefully avoid specified requirements; providing 138 civil and criminal penalties; providing applicability; 139 creating s. 288.12261, F.S.; defining terms; providing 140 requirements for the operation of tourism promotion 141 agencies; requiring board members to serve without 142 compensation; prohibiting specified persons from 143 receiving public compensation in excess of a certain 144 amount; prohibiting certain performance bonuses and 145 severance pay except under certain circumstances; 146 requiring that contracts include specified 147 information; requiring a tourism promotion agency to 148 submit a report of financial data to the governing 149 body of the local governmental entity and publish such 150 report on its website within a certain timeframe; 151 requiring that the financial data include certain 152 items; prohibiting a tourism promotion agency from 153 receiving or expending public funds while in violation 154 of certain requirements; requiring a local 155 governmental entity to maintain and provide online 156 access to certain information; requiring a local 157 governmental entity to provide the department with a 158 certain website address; requiring the department to 159 publish and maintain a directory of certain 160 information; amending s. 125.0104, F.S.; requiring