Florida Senate - 2024 SB 1056 By Senator Ingoglia 11-01297-24 20241056__ 1 A bill to be entitled 2 An act relating to economic development in gaming 3 concentrated counties; creating s. 288.401, F.S.; 4 providing a short title; creating s. 288.402, F.S.; 5 providing legislative findings and intent; creating s. 6 288.403, F.S.; defining terms; creating s. 288.404, 7 F.S.; creating Prospect Del Vista, Inc., as a 8 nonprofit corporation which is not a unit or entity of 9 the state government; requiring Prospect Del Vista, 10 Inc., to create and administer an investment fund for 11 a certain purpose in a certain manner; providing for 12 the principal of the fund; requiring Prospect Del 13 Vista, Inc., to establish a trust account for a 14 certain purpose; providing for the reversion of 15 certain funds to the State Treasury in certain 16 circumstances; requiring Prospect Del Vista, Inc., to 17 invest and reinvest the principal of the investment 18 fund in a certain manner; requiring the board of 19 directors to formulate a certain investment policy; 20 requiring Prospect Del Vista, Inc., to competitively 21 procure one or more money managers; providing 22 requirements for such money managers; providing for 23 the deduction of certain costs and fees from 24 investment fund earnings; requiring an annual audit of 25 the investment fund; requiring Prospect Del Vista, 26 Inc., to provide certain biannual reports to the 27 Governor and the Legislature; requiring the Auditor 28 General to annually audit the investment fund and 29 Prospect Del Vista, Inc.; creating s. 288.405, F.S.; 30 providing that Prospect Del Vista, Inc., is subject to 31 certain public records and meetings requirements; 32 providing for the board of directors of Prospect Del 33 Vista, Inc.; providing for appointments, terms, and 34 the filling of vacancies of board members; subjecting 35 the board members to certain requirements and 36 postemployment restrictions; providing criminal 37 penalties; requiring board members to file certain 38 financial disclosures; authorizing board members to 39 receive reimbursement for certain travel and per diem 40 expenses; providing that each board member is 41 responsible for certain duties; providing for removal 42 of a board member in certain circumstances; requiring 43 the board of directors to meet at least quarterly for 44 certain purposes; requiring the Secretary of Commerce 45 and the Secretary of Environmental Protection, or 46 their designees, to be available for a certain 47 purpose; authorizing Prospect Del Vista, Inc., to hire 48 or contract for certain staff; requiring Prospect Del 49 Vista, Inc., to retain certain staff; providing 50 requirements for such staff; creating s. 288.406, 51 F.S.; providing powers of the Prospect Del Vista, 52 Inc., board of directors; creating s. 288.407, F.S.; 53 providing the duties of Prospect Del Vista, Inc.; 54 creating s. 288.408, F.S.; authorizing Prospect Del 55 Vista, Inc., to make certain awards to certain 56 projects or programs; authorizing awards for certain 57 purposes; requiring Prospect Del Vista, Inc., to 58 establish an application procedure and a scoring 59 process that gives priority to projects and programs 60 that meet certain requirements; authorizing Prospect 61 Del Vista, Inc., to make awards in a certain manner; 62 requiring certain contracts to include certain 63 provisions; creating s. 288.409, F.S.; requiring that 64 the scope of certain audits include funds awarded by 65 Prospect Del Vista, Inc.; requiring the Auditor 66 General to conduct a certain operational audit 67 biennially; providing the scope of review of such 68 audits; providing an effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Section 288.401, Florida Statutes, is created to 73 read: 74 288.401 Short title.—Sections 288.401-288.409 may be cited 75 as the “Prospect Del Vista Infrastructure and Investment Act.” 76 Section 2. Section 288.402, Florida Statutes, is created to 77 read: 78 288.402 Prospect Del Vista, Inc.; legislative intent.—The 79 Legislature recognizes that supporting counties affected by 80 increased density because of a concentration of licensed pari 81 mutuel facilities to ensure goals for economic improvement and 82 variation are achieved is in the best interest of the citizens 83 of the state. The Legislature intends to provide a long-term 84 source of funding for efforts of economic improvement and 85 augmentation in gaming concentrated counties. The Legislature 86 finds that it is important to help businesses, individuals, and 87 local governments in counties affected by increased density 88 because of a concentration of licensed gaming facilities. 89 Section 3. Section 288.403, Florida Statutes, is created to 90 read: 91 288.403 Definitions.—As used in this act, the term: 92 (1) “Awardee” means a person, organization, or local 93 government granted an award of funds from the investment fund 94 for a project or program. 95 (2) “Earnings” means all the income generated by 96 investments and interest. 97 (3) “Gaming concentrated county” means any county with five 98 or more operating Florida licensed pari-mutuel permitholders. 99 (4) “Investment fund” means a trust account established by 100 Prospect Del Vista, Inc., for the benefit of gaming concentrated 101 counties. 102 Section 4. Section 288.404, Florida Statutes, is created to 103 read: 104 288.404 Prospect Del Vista, Inc.; investment fund; 105 creation; investment.— 106 (1) There is created a nonprofit corporation, to be known 107 as Prospect Del Vista, Inc., which shall be registered, 108 incorporated, organized, and operated in compliance with chapter 109 617, and which is not a unit or entity of state government. 110 Prospect Del Vista, Inc., may receive, hold, invest, and 111 administer the investment fund in support of this act. Prospect 112 Del Vista, Inc., is not subject to control, supervision, or 113 direction by the Department of Commerce in any manner, 114 including, but not limited to, personnel, purchasing, 115 transactions involving real or personal property, and budgetary 116 matters. 117 (2) Prospect Del Vista, Inc., must create and administer 118 the investment fund for the benefit of gaming concentrated 119 counties. The principal of the fund shall derive from general 120 revenue. The amount deposited into the fund from general revenue 121 shall equal the difference in slot machine revenue tax paid to 122 the Florida Gaming Control Commission collected from all 123 licensed pari-mutuel facilities in the year immediately before 124 and each subsequent year after a county becomes a gaming 125 concentrated county. 126 (3) The investment fund must be maintained as a long-term 127 and stable source of revenue for gaming concentrated counties. 128 Prospect Del Vista, Inc., shall establish a trust account at a 129 federally insured financial institution to hold funds and make 130 deposits and payments. Earnings generated by investments and 131 interest of the fund, plus the amount of principal available 132 each year, must be available to make awards pursuant to this act 133 and pay administrative costs. Earnings must be accounted for 134 separately from principal funds set forth in subsection (2). 135 Administrative costs are limited to 2.25 percent of the earnings 136 in a calendar year. Administrative costs include payment of 137 investment fees, travel and per diem expenses of board members, 138 audits, salary or other costs for employed or contracted staff, 139 including required staff under s. 288.405(9), and other 140 allowable costs. If the investment fund is dissolved, any funds 141 remaining shall revert to the State Treasury. 142 (4) Prospect Del Vista, Inc., shall invest and reinvest the 143 principal of the investment fund in accordance with s. 617.2104 144 in a manner that does not subject the funds to state or federal 145 taxes and is consistent with an investment policy statement 146 adopted by the corporation. 147 (a) The board of directors shall formulate an investment 148 policy governing the investment of the principal of the 149 investment fund. The policy shall pertain to the types, kinds, 150 or nature of investment of any of the funds, and any 151 limitations, conditions, or restrictions upon the methods, 152 practices, or procedures for investment, reinvestments, 153 purchases, sales, or exchange transactions, provided such 154 policies shall not conflict with nor be in derogation of any 155 state constitutional provision or law. The policy shall be 156 formulated with the advice of the financial advisor in 157 consultation with the State Board of Administration. 158 (b) Prospect Del Vista, Inc., must competitively procure 159 one or more money managers, under the advice of the financial 160 advisor in consultation with the State Board of Administration, 161 to invest the principal of the investment fund. The applicant 162 manager or managers may not include representatives from the 163 financial institution housing the trust account for the 164 investment fund. The applicant manager or managers must present 165 a plan to invest the investment fund to maximize earnings while 166 prioritizing the preservation of investment fund principal. Any 167 agreement with a money manager must be reviewed by Prospect Del 168 Vista, Inc., for continuance at least every 5 years. Plans must 169 include investment in technology and growth businesses domiciled 170 in, or that will be domiciled in, this state or businesses for 171 which their principal addresses are in this state. 172 (c) Costs and fees for investment services must be deducted 173 from the earnings as administrative costs. Fees for investment 174 services may not be greater than 150 basis points. 175 (d) Annually, Prospect Del Vista, Inc., shall cause an 176 audit to be conducted of the investment of the investment fund 177 by the independent certified public accountant retained as 178 provided in s. 288.405. The expense of such audit shall be paid 179 from earnings for administrative purposes. 180 (5) Prospect Del Vista, Inc., shall biannually on June 30 181 and December 30 provide a report to the Governor, the President 182 of the Senate, and the Speaker of the House of Representatives 183 on the financial status of the investment fund and its 184 investments, the established priorities, the project and program 185 selection process, including a list of all submitted projects 186 and reasons for approval or denial, and the status of all 187 approved awards. 188 (6) The Auditor General shall annually conduct an audit of 189 the investment fund and Prospect Del Vista, Inc. Prospect Del 190 Vista, Inc., shall provide to the Auditor General any detail or 191 supplemental data required. 192 Section 5. Section 288.405, Florida Statutes, is created to 193 read: 194 288.405 Prospect Del Vista, Inc., organization; board of 195 directors.— 196 (1) Prospect Del Vista, Inc., is subject to the provisions 197 of chapter 119 relating to public records and of chapter 286 198 relating to public meetings and records. 199 (2) Prospect Del Vista, Inc., shall be governed by a five 200 member board of directors. The President of the Senate and the 201 Speaker of the House of Representatives shall each appoint two 202 members from the private sector. The Governor shall appoint one 203 member from the private sector. The board of directors shall 204 annually elect a chairperson from among the board’s members. The 205 chairperson may be removed by a majority vote of the members. 206 His or her successor shall be elected to serve for the balance 207 of the removed chairperson’s term. The chairperson is 208 responsible to ensure records are kept of the proceedings of the 209 board of directors and is the custodian of all books, documents, 210 and papers filed with the board; the minutes of meetings of the 211 board; and the official seal of Prospect Del Vista, Inc. 212 (3) Each member of the board of directors shall serve for a 213 term of 4 years, except that initially one of the appointments 214 of the President of the Senate and of the Speaker of the House 215 of Representatives shall serve a term of 2 years to achieve 216 staggered terms among the members of the board. A member is not 217 eligible for reappointment to the board, except that any member 218 appointed to a term of 2 years or less may be reappointed for an 219 additional term of 4 years. The initial appointments to the 220 board must be made by November 15, 2024. A vacancy on the board 221 of directors shall be filled by the officer who originally 222 appointed the member. A vacancy that occurs before the scheduled 223 expiration of the term of the member shall be filled for the 224 remainder of the unexpired term. 225 (4) The Legislature determines that it is in the public 226 interest for the members of the board of directors to be subject 227 to the requirements of ss. 112.3135, 112.3143, and 112.313, 228 notwithstanding the fact that the board members are not public 229 officers or employees. For purposes of those sections, the board 230 members shall be considered to be public officers or employees. 231 In addition to the postemployment restrictions of s. 112.313(9), 232 a person appointed to the board of directors must agree to 233 refrain from having any direct interest in any contract, 234 franchise, privilege, project, program, or other benefit arising 235 from an award by Prospect Del Vista, Inc., during the term of 236 his or her appointment and for 2 years after the termination of 237 such appointment. It is a misdemeanor of the first degree, 238 punishable as provided in s. 775.082 or s. 775.083, for a person 239 to accept appointment to the board of directors in violation of 240 this subsection or to accept a direct interest in any contract, 241 franchise, privilege, project, program, or other benefit granted 242 by Prospect Del Vista, Inc., to an awardee within 2 years after 243 the termination of his or her service on the board. Further, 244 each member of the board of directors who is not otherwise 245 required to file financial disclosure under s. 8, Art. II of the 246 State Constitution or s. 112.3144 shall file disclosure of 247 financial interests under s. 112.3145. 248 (5) Each member of the board of directors shall serve 249 without compensation, but may be reimbursed for travel and per 250 diem expenses as provided in s. 112.061 incurred in the 251 performance of his or her duties. 252 (6) Each member of the board of directors is accountable 253 for the proper performance of the duties of office, and each 254 member owes a fiduciary duty to the people of the state to 255 ensure that awards provided are disbursed and used, and 256 investments are made, as prescribed by law and contract. An 257 appointed member of the board of directors may be removed by the 258 officer that appointed the member for malfeasance, misfeasance, 259 neglect of duty, incompetence, permanent inability to perform 260 official duties, unexcused absence from three consecutive 261 meetings of the board, arrest or indictment for a crime that is 262 a felony or a misdemeanor involving theft or a crime of 263 dishonesty, or pleading nolo contendere to, or being found 264 guilty of, any crime. 265 (7) The board of directors shall meet at least quarterly, 266 upon the call of the chairperson or at the request of a majority 267 of the membership, to review the investment fund, establish and 268 review priorities for economic improvement and augmentation in 269 gaming concentrated counties, and determine use of the earnings 270 available. A majority of the members of the board of directors 271 constitutes a quorum. Members may not vote by proxy. 272 (8) The Secretary of Commerce, or his or her designee, and 273 the Secretary of Environmental Protection, or his or her 274 designee, must be available to consult with the board of 275 directors and may be requested to attend meetings of the board 276 of directors. These individuals may not vote on any matter 277 before the board. 278 (9)(a) Prospect Del Vista, Inc., may hire or contract for 279 all staff necessary to the proper execution of its powers and 280 duties. The corporation must retain: 281 1. An independent certified public accountant licensed in 282 this state pursuant to chapter 473 to inspect the records of and 283 to audit the expenditure of the earnings and available principal 284 disbursed by Prospect Del Vista, Inc. 285 2. An independent financial advisor to assist Prospect Del 286 Vista, Inc., in the development and implementation of a 287 strategic plan consistent with the requirements of this act. 288 3. An economic advisor to assist in the award process, 289 including the development of priorities, allocation decisions, 290 and the application and process; assist the board in determining 291 eligibility of award applications and the evaluation and scoring 292 of applications; and assist in the development of award 293 documentation. 294 4. A legal advisor with expertise in not-for-profit 295 investing and contracting and who is a member of The Florida Bar 296 to assist with contracting and carrying out the intent of this 297 act. 298 (b) Prospect Del Vista, Inc., shall require all employees 299 of the corporation to comply with the code of ethics for public 300 employees under part III of chapter 112. Staff retained under 301 paragraph (a) must agree to refrain from having any direct 302 interest in any contract, franchise, privilege, project, 303 program, or other benefit arising from an award by Prospect Del 304 Vista, Inc., during the term of his or her appointment and for 2 305 years after the termination of such appointment. 306 (c) Staff retained under paragraph (a) must be available to 307 consult with the board of directors and must attend meetings of 308 the board of directors. These individuals may not vote on any 309 matter before the board. 310 Section 6. Section 288.406, Florida Statutes, is created to 311 read: 312 288.406 Prospect Del Vista, Inc., board of directors; 313 powers.—In addition to the powers and duties prescribed in 314 chapter 617 and the articles and bylaws adopted in compliance 315 with that chapter, the Prospect Del Vista, Inc., board of 316 directors may: 317 (1) Make and enter into contracts and other instruments 318 necessary or convenient for the exercise of its powers and 319 functions. 320 (2) Make expenditures including any necessary 321 administrative expenditure from earnings consistent with its 322 powers. 323 (3) Adopt, use, and alter a common corporate seal. 324 Notwithstanding any provision of chapter 617 to the contrary, 325 this seal is not required to contain the words “corporation not 326 for profit.” 327 (4) Adopt, amend, and repeal bylaws, not inconsistent with 328 the powers granted to the corporation or the articles of 329 incorporation, for the administration of the activities of 330 Prospect Del Vista, Inc., and the exercise of its corporate 331 powers. 332 (5) Notwithstanding s. 15.03, use the state seal when 333 appropriate for standard corporate identity applications. Use of 334 the state seal is not intended to replace use of a corporate 335 seal as provided in subsection (3). 336 337 The credit of the State of Florida may not, under any 338 circumstances, be pledged on behalf of Prospect Del Vista, Inc. 339 Section 7. Section 288.407, Florida Statutes, is created to 340 read: 341 288.407 Prospect Del Vista, Inc.; duties.—Prospect Del 342 Vista, Inc., has the following duties: 343 (1) Manage responsibly and prudently all funds received, 344 and ensure that the use of such funds is in accordance with 345 applicable laws, bylaws, and contractual requirements. 346 (2) Administer the program created under this act. 347 (3) Monitor, review, and annually evaluate awardees and 348 their projects or programs to determine whether an award should 349 be continued, terminated, reduced, or increased. 350 (4) Operate in a transparent manner by maintaining a 351 website that provides public access to information, notice of 352 meetings, awards, and the status of projects and programs. 353 Section 8. Section 288.408, Florida Statutes, is created to 354 read: 355 288.408 Prospect Del Vista, Inc., awards.— 356 (1) Prospect Del Vista, Inc., shall make awards from 357 available earnings and principal derived under s. 288.404(2) to 358 projects or programs that meet the priorities for economic 359 improvement and augmentation in gaming concentrated counties. 360 Awards may be provided for any of the following: 361 (a) Ad valorem tax reduction within gaming concentrated 362 counties. 363 (b) Payment of impact fees adopted pursuant to s. 163.31801 364 and imposed within gaming concentrated counties. 365 (c) Administrative funding for economic development 366 organizations located within gaming concentrated counties. 367 (d) Local match requirements of ss. 288.0655 and 288.0659 368 for projects in gaming concentrated counties. 369 (e) Economic development projects in gaming concentrated 370 counties. 371 (f) Infrastructure projects that are shown to enhance 372 economic improvement and augmentation in gaming concentrated 373 counties. 374 (g) Grants to local governments in gaming concentrated 375 counties to establish and maintain equipment and trained 376 personnel for local action plans of response to respond to 377 disasters, such as plans created for the Coastal Impacts 378 Assistance Program. 379 (h) Grants to support programs of excellence that prepare 380 students for future occupations and careers at K-20 institutions 381 that have home campuses in gaming concentrated counties. 382 Eligible programs include those that increase students’ 383 technology skills and knowledge; encourage industry 384 certifications; provide rigorous, alternative pathways for 385 students to meet high school graduation requirements; strengthen 386 career readiness initiatives; fund high-demand programs of 387 emphasis at the bachelor’s and master’s level designated by the 388 Board of Governors; and, similar to or the same as talent 389 retention programs created by the Chancellor of the State 390 University System, Chancellor of the Florida College System, and 391 the Commissioner of Education, encourage students with interest 392 or aptitude for science, technology, engineering, mathematics, 393 and medical disciplines to pursue postsecondary education at a 394 state university within gaming concentrated counties. 395 (i) Grants to the tourism entity created under s. 288.1226 396 for the purpose of advertising and promoting tourism, Fresh From 397 Florida, or related content on behalf of gaming concentrated 398 counties. 399 (2) Prospect Del Vista, Inc., shall establish an 400 application procedure for awards and a scoring process for the 401 selection of projects and programs that have the potential to 402 generate increased economic activity in gaming concentrated 403 counties, giving priority to projects and programs that: 404 (a) Generate maximum estimated economic benefits, based on 405 tools and models not generally employed by economic input-output 406 analyses, including cost-benefit, return-on-investment, or 407 dynamic scoring techniques to determine how the long-term 408 economic growth potential of the gaming concentrated counties 409 may be enhanced by the investment. 410 (b) Increase household income in the gaming concentrated 411 counties. 412 (c) Expand high-growth industries or establish new high 413 growth industries in gaming concentrated counties. 414 1. Industries that are supported must have strong growth 415 potential in gaming concentrated counties. 416 2. An industry’s growth potential is defined based on a 417 detailed review of the current industry trends nationally and 418 the necessary supporting asset base for that industry in gaming 419 concentrated counties. 420 (d) Leverage or further enhance key regional assets, 421 including educational institutions, research facilities, and 422 military bases. 423 (e) Partner with local governments to provide funds, 424 infrastructure, land, or other assistance for projects. 425 (f) Have investment commitments from private equity or 426 private venture capital funds. 427 (g) Provide or encourage seed stage investments in startup 428 companies. 429 (h) Provide advice and technical assistance to companies on 430 restructuring existing management, operations, or production to 431 attract advantageous business opportunities. 432 (i) Benefit the environment in addition to the economy. 433 (j) Provide outcome measures for programs of excellence 434 support, including terms of intent and metrics. 435 (k) Partner with K-20 educational institutions or school 436 districts located within gaming concentrated counties. 437 (l) Partner with convention and visitor bureaus, tourist 438 development councils, or chambers of commerce located within 439 gaming concentrated counties. 440 (3) Prospect Del Vista, Inc., may make awards as 441 applications are received or may establish application periods 442 for selection. Awards may not be used to finance 100 percent of 443 any project or program. Prospect Del Vista, Inc., may require a 444 one-to-one private-sector match or higher for an award, if 445 applicable and deemed prudent by the board of directors. An 446 awardee may not receive all of the earnings or available 447 principal in any given year. 448 (4) A contract executed by Prospect Del Vista, Inc., with 449 an awardee must include provisions requiring a performance 450 report on the contracted activities, must account for the proper 451 use of funds provided under the contract, and must include 452 provisions for recovery of awards in the event the award was 453 based upon fraudulent information or the awardee does not meet 454 the performance requirements of the award. Awardees must 455 regularly report to Prospect Del Vista, Inc., regarding the 456 status of the project or program on a schedule determined by the 457 corporation. 458 Section 9. Section 288.409, Florida Statutes, is created to 459 read: 460 288.409 Gaming concentrated county audits.— 461 (1) The scope of a financial audit conducted pursuant to s. 462 218.39 shall include any funds awarded under s. 288.408. The 463 scope of review includes, but is not limited to, compliance with 464 state laws related to the receipt and expenditure of such funds. 465 (2) Every 2 years, the Auditor General shall conduct an 466 operational audit as defined in s. 11.45 of a local government 467 entity’s funds awarded under s. 288.408 to evaluate the local 468 government entity’s performance in administering laws, policies, 469 and procedures governing the expenditure of funds awarded under 470 s. 288.408 in an efficient and effective manner. The scope of 471 review includes, but is not limited to, evaluating internal 472 controls, internal audit functions, reporting and performance 473 requirements required for use of the funds, and compliance with 474 state law. The audit shall include any funds the local 475 government entity receives or expends which were awarded under 476 s. 288.408. 477 Section 10. This act shall take effect upon becoming a law.