Florida Senate - 2018 SB 1754 By Senator Torres 15-01645A-18 20181754__ 1 A bill to be entitled 2 An act relating to workforce retention; creating s. 3 559.952, F.S.; providing a short title; creating s. 4 559.9521, F.S.; providing definitions; creating s. 5 559.9522, F.S.; requiring certain employers that 6 intend to relocate out of state or cease operation to 7 notify the Department of Business and Professional 8 Regulation within a specified period; providing a 9 penalty; requiring the department to compile a 10 semiannual list of employers that relocate out of 11 state or cease operation; creating s. 559.9523, F.S.; 12 providing that such employers are ineligible for state 13 grants, loans, or tax benefits for a specified period; 14 requiring such employers to remit certain funds to the 15 department under certain circumstances; providing 16 exceptions; creating s. 559.9524, F.S.; requiring the 17 head of each state agency to ensure that certain 18 services are performed by state contractors within the 19 state; requiring compliance by certain contractors by 20 a specified date; creating s. 559.9525, F.S.; 21 providing construction; providing a directive to the 22 Division of Law Revision and Information; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 559.952, Florida Statutes, is created to 28 read: 29 559.952 Short title.—Sections 559.952-559.9525 may be cited 30 as the “Florida Jobs Retention Act of 2018.” 31 Section 2. Section 559.9521, Florida Statutes, is created 32 to read: 33 559.9521 Definitions.—As used in this act, the term: 34 (1) “Employer” means a business enterprise that: 35 (a) Has been in operation in this state for at least 6 36 months; 37 (b) Employs 75 or more individuals who, in the aggregate, 38 work at least 1,500 hours per week, not including hours of 39 overtime, for the purpose of providing customer service or 40 conducting back-office operations; and 41 (c) Receives any direct or indirect state grant, state 42 guaranteed loan, or state tax benefit. 43 (2) “Department” means the Department of Business and 44 Professional Regulation. 45 Section 3. Section 559.9522, Florida Statutes, is created 46 to read: 47 559.9522 Employers intending to relocate out of state or 48 cease operation.— 49 (1) NOTICE REQUIREMENT.—An employer that intends to: 50 (a) Relocate a Florida business, or one or more facilities 51 or operating units within such business comprising at least 30 52 percent of the business’s or operating unit’s total volume when 53 measured against the previous 12-month average volume of 54 operations, out of the state; or 55 (b) Cease operation of such business, facilities, or 56 operating units 57 58 must notify the department at least 180 days before such 59 relocation or cessation. 60 (2) PENALTY.—An employer that violates subsection (1) is 61 subject to a civil penalty of up to $10,000 per day for each day 62 the employer failed to provide the notice required under 63 subsection (1). However, the department may reduce the penalty 64 amount if just cause is shown. 65 (3) LIST COMPILATION.—The department shall compile and 66 publish on its website a semiannual list of all employers that 67 relocate or cease operation as described in subsection (1). 68 Section 4. Section 559.9523, Florida Statutes, is created 69 to read: 70 559.9523 Grants and guaranteed loans.— 71 (1) INELIGIBILITY.—Except as provided in subsection (3) and 72 notwithstanding any other law, an employer included on the list 73 described in s. 559.9522 is ineligible for any direct or 74 indirect state grant, state-guaranteed loan, or state tax 75 benefit for 5 years after the date such list is published. 76 (2) REVERSION.—Except as provided in subsection (3) and 77 notwithstanding any other law, an employer included on the list 78 described in s. 559.9522 shall remit to the department the 79 remaining prorated value of any state grant, state-guaranteed 80 loan, state tax benefit, or any other state governmental support 81 received on or after the effective date of this act. 82 (3) EXCEPTIONS.—The department, in consultation with the 83 appropriate state agency providing a loan, grant, or tax 84 benefit, may waive the requirements of this section if the 85 employer applying for such loan, grant, or benefit demonstrates 86 that returning such loan, grant, or benefit would result in: 87 (a) Substantial job loss in this state; or 88 (b) Harm to the environment. 89 Section 5. Section 559.9524, Florida Statutes, is created 90 to read: 91 559.9524 In-state procurement.—The head of each state 92 agency shall ensure that all state-business-related customer 93 service work is performed by state contractors or their agents 94 or subcontractors entirely within the state. A state contractor 95 who currently performs state-business-related customer service 96 work outside the state must comply with this act within 2 years 97 after the effective date of this act. If such a contractor hires 98 additional customer service employees who will perform work on 99 state agency contracts, those new employees must immediately be 100 employed within the state. 101 Section 6. Section 559.9525, Florida Statutes, is created 102 to read: 103 559.9525 State benefits for workers.—This act may not be 104 construed to allow withholding or denial of payments, 105 compensation, or benefits under any other state law, including 106 state unemployment compensation, disability payments, or worker 107 retraining or readjustment funds, to workers employed by 108 employers that relocate out of this state or that cease 109 operation. 110 Section 7. The Division of Law Revision and Information is 111 directed to replace the phrase “the effective date of this act” 112 wherever it occurs in this act with the date the act becomes 113 effective. 114 Section 8. This act shall take effect 240 days after 115 becoming a law.