Bill Text: FL S1076 | 2017 | Regular Session | Introduced
Bill Title: Florida Government Support Organizations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Commerce and Tourism [S1076 Detail]
Download: Florida-2017-S1076-Introduced.html
Florida Senate - 2017 SB 1076 By Senator Passidomo 28-01203A-17 20171076__ 1 A bill to be entitled 2 An act relating to Florida government support 3 organizations; amending s. 14.29, F.S.; prohibiting 4 the Florida Commission on Community Service from 5 entering into a contract if a commission member or his 6 or her immediate family member would receive a direct 7 financial benefit from such contract; defining the 8 term “immediate family”; requiring the commission to 9 establish and maintain public access to specified 10 information for a specified purpose; amending s. 11 20.60, F.S.; requiring the Department of Economic 12 Opportunity to establish annual performance standards 13 for the Florida Sports Foundation; amending s. 14 288.017, F.S.; authorizing the department, rather than 15 Enterprise Florida, Inc., to establish a cooperative 16 advertising matching grants program, make certain 17 expenditures, and enter into contracts with local 18 governments and nonprofit corporations for a specified 19 purpose; deleting a requirement that the department 20 approve certain grants based on the recommendation of 21 Enterprise Florida, Inc.; authorizing the department 22 to contract with the Florida Tourism Industry 23 Marketing Corporation; conforming provisions to 24 changes made by the act; amending s. 288.122, F.S.; 25 conforming a provision to changes made by the act; 26 amending s. 288.1226, F.S.; defining terms; providing 27 that the Florida Tourism Industry Marketing 28 Corporation is a direct-support organization of the 29 department, rather than a direct-support organization 30 of Enterprise Florida, Inc.; requiring the department 31 to contract with the corporation for specified 32 purposes; requiring the department to assist in 33 maintaining and implementing such contract; providing 34 that the corporation is not subject to control, 35 supervision, or direction by the department; 36 specifying that the corporation is not a unit of 37 government or an instrumentality of the state; 38 requiring the board of directors of the corporation to 39 be appointed by the Governor, rather than by 40 Enterprise Florida, Inc.; providing that specified 41 acts by officers or members of the board of directors 42 of the corporation are not prohibited; expanding 43 responsibilities and duties of the corporation to 44 include maintaining and implementing a contract with 45 the department subject to certain requirements, 46 advising the department on specified matters, 47 developing a specified marketing plan, drafting and 48 submitting a specified annual report, and making and 49 entering into certain contracts subject to specified 50 conditions; deleting a provision requiring the 51 corporation to provide support staff to the Division 52 of Tourism Promotion of Enterprise Florida, Inc.; 53 providing matching requirements for private to public 54 contributions for the marketing and advertising 55 activities of the corporation; providing a process for 56 determining the required match; requiring the 57 corporation to establish and maintain public access on 58 its website to specified information for a specified 59 purpose; conforming provisions to changes made by the 60 act; amending s. 288.12265, F.S.; providing that the 61 responsibility of welcome centers is assigned to the 62 department, rather than Enterprise Florida, Inc.; 63 deleting a provision authorizing Enterprise Florida, 64 Inc., to contract with the corporation for the 65 management and operation of the welcome centers; 66 reviving, readopting, and amending s. 288.1229, F.S.; 67 requiring the department to establish a direct-support 68 organization known as the Florida Sports Foundation to 69 assist the department, rather than the Office of 70 Tourism, Trade, and Economic Development, with 71 specified duties; providing incorporation requirements 72 for the foundation; requiring the foundation to be 73 governed by a board of directors; specifying 74 membership requirements of the board; prohibiting the 75 board from entering into a contract if a board member 76 or his or her immediate family member would receive a 77 direct financial benefit from such contract; defining 78 the term “immediate family”; requiring the foundation 79 to operate under contract with the department; 80 requiring the department to enter into a contract with 81 the foundation by a specified date; authorizing the 82 department, rather than the office, to review the 83 foundation’s articles of incorporation; requiring the 84 foundation to draft and submit a specified annual 85 report; requiring the foundation to establish and 86 maintain public access on its website to specified 87 information for a specified purpose; revising 88 requirements for the foundation to promote amateur 89 sports and physical fitness; requiring the Florida 90 Senior Games to be patterned after the Summer Olympics 91 with variations under certain circumstances; deleting 92 a requirement that participants of the Sunshine State 93 Games and the Florida Senior Games be residents of the 94 state; deleting a provision requiring specified 95 regional competitions; providing that the department, 96 rather than the Executive Office of the Governor, is 97 authorized to permit the use of certain property, 98 facilities, or services; conforming provisions to 99 changes made by the act; amending s. 288.124, F.S.; 100 providing that the Florida Tourism Industry Marketing 101 Corporation, rather than Enterprise Florida, Inc., is 102 authorized to establish a convention grants program to 103 make specified recommendations to the department; 104 providing that the department, rather than Enterprise 105 Florida, Inc., is required to establish guidelines for 106 the award of grants and administration of the program; 107 creating s. 288.72, F.S.; requiring Enterprise 108 Florida, Inc., to develop, maintain, and market a 109 small business liaison service; requiring Enterprise 110 Florida, Inc., to furnish information or direct a 111 requester to appropriate sources regarding how to 112 start, maintain, or further develop a small business 113 in this state; requiring Enterprise Florida, Inc., to 114 collect and compile specified data on users of the 115 service; amending s. 288.901, F.S.; revising the 116 purposes of Enterprise Florida, Inc.; revising the 117 composition of the board of directors of Enterprise 118 Florida, Inc.; requiring Enterprise Florida, Inc., to 119 establish and maintain public access on its website to 120 specified information for a specified purpose; 121 amending s. 288.9015, F.S.; deleting a requirement 122 that Enterprise Florida, Inc., integrate its efforts 123 to market the state for tourism and sports; 124 prohibiting the board from entering into a contract if 125 a board member or his or her immediate family member 126 would receive a direct financial benefit from such 127 contract; defining the term “immediate family”; 128 amending s. 288.904, F.S.; revising what constitutes 129 private sector support in operating Enterprise 130 Florida, Inc.; conforming provisions to changes made 131 by the act; amending s. 288.92, F.S.; revising the 132 areas for which Enterprise Florida, Inc., is required 133 to create divisions to carry out its mission; deleting 134 provisions prohibiting the board from performing 135 certain acts; repealing s. 288.923, F.S., relating to 136 the Division of Tourism Marketing; amending s. 137 331.3051, F.S.; requiring Space Florida to establish 138 and maintain public access on its website to specified 139 information for a specified purpose; amending s. 140 331.310, F.S.; prohibiting the board of directors of 141 Space Florida from entering into a contract if a board 142 member or his or her immediate family member would 143 receive a direct financial benefit from such contract; 144 defining the term “immediate family”; amending s. 145 420.504, F.S.; requiring the Florida Housing Finance 146 Corporation to establish and maintain public access on 147 its website to specified information for a specified 148 purpose; amending s. 420.507, F.S.; prohibiting the 149 board of directors of the corporation from entering 150 into a contract if a board member or his or her 151 immediate family member would receive a direct 152 financial benefit from such contract; defining the 153 term “immediate family”; amending s. 445.004, F.S.; 154 requiring CareerSource Florida, Inc., to establish and 155 maintain public access on its website to specified 156 information for a specified purpose; prohibiting the 157 board of directors of CareerSource Florida, Inc., from 158 entering into a contract if a board member or his or 159 her immediate family member would receive a direct 160 financial benefit from such contract; defining the 161 term “immediate family”; providing an effective date. 162 163 Be It Enacted by the Legislature of the State of Florida: 164 165 Section 1. Paragraph (d) of subsection (8) of section 166 14.29, Florida Statutes, is amended, and subsection (10) is 167 added to that section, to read: 168 14.29 Florida Commission on Community Service.— 169 (8) The commission may: 170 (d) Contract for necessary goods and services. The 171 commission may not enter into a contract with a person or an 172 organization if a commission member or an immediate family 173 member of a commission member would receive a direct financial 174 benefit from entering into such a contract. As used in this 175 paragraph, the term “immediate family” includes parents, step 176 parents, spouses or domestic partners, children, step-children, 177 full or half siblings, parents-in-law, siblings-in-law, 178 grandparents, great-grandparents, step-great-grandparents, 179 aunts, uncles, nieces, nephews, and grandchildren. 180 (10) In keeping with the public disclosure requirements 181 placed upon other Florida governmental entities under the 182 Transparency Florida Act, the commission shall establish and 183 maintain on its website public access to the following 184 information: 185 (a) Disbursement data consistent with the level required by 186 s. 215.985(4)(a)1. for state agencies. 187 (b) Contract data consistent with the requirements of s. 188 215.985(14)(a) for state agencies. 189 (c) All reports that include metrics and return on 190 investment calculations. 191 (d) Public versions of independent business evaluation 192 reports which highlight project-specific performance. 193 (e) Employee positions and salary information. 194 (f) Organizational charts. 195 (g) Audits, tax returns, and financial reports and 196 summaries. 197 (h) All statutorily required reports. 198 Section 2. Subsection (11) of section 20.60, Florida 199 Statutes, is amended to read: 200 20.60 Department of Economic Opportunity; creation; powers 201 and duties.— 202 (11) The department shall establish annual performance 203 standards for Enterprise Florida, Inc., CareerSource Florida, 204 Inc., the Florida Tourism Industry Marketing Corporation, the 205 Florida Sports Foundation, and Space Florida and report annually 206 on how these performance measures are being met in the annual 207 report required under subsection (10). 208 Section 3. Subsections (1) and (3) of section 288.017, 209 Florida Statutes, are amended to read: 210 288.017 Cooperative advertising matching grants program.— 211 (1) The departmentEnterprise Florida, Inc.,is authorized 212 to establish a cooperative advertising matching grants program 213 and, pursuant thereto, to make expenditures and enter into 214 contracts with local governments and nonprofit corporations for 215 the purpose of publicizing the tourism advantages of the state. 216 The department, based on recommendations from Enterprise217Florida, Inc.,shall have final approval of grants awarded 218 through this program. The departmentEnterprise Florida, Inc.,219 may contract with the Florida Tourism Industry Marketing 220 Corporationits direct-support organizationto administer the 221 program. 222 (3) The departmentEnterprise Florida, Inc.,shall conduct 223 an annual competitive selection process for the award of grants 224 under the program. In determining its recommendations for the 225 grant awards, the departmentcommissionshall consider the 226 demonstrated need of the applicant for advertising assistance, 227 the feasibility and projected benefit of the applicant’s 228 proposal, the amount of nonstate funds that will be leveraged, 229 and such other criteria as the departmentcommissiondeems 230 appropriate. In evaluating grant applications, the department 231 shall consider recommendations from the Florida Tourism Industry 232 Marketing CorporationEnterprise Florida, Inc. The department, 233 however, has final approval authority for any grant under this 234 section. 235 Section 4. Section 288.122, Florida Statutes, is amended to 236 read: 237 288.122 Tourism Promotional Trust Fund.—There is created 238 within the department the Tourism Promotional Trust Fund. Moneys 239 deposited in the Tourism Promotional Trust Fund shall only be 240 used to support the authorized activities and operations and the 241 tourism promotion and marketing activities, services, functions, 242 and programs administeredby Enterprise Florida, Inc.,through a 243 contract with the direct-support organization created under s. 244 288.1226. 245 Section 5. Section 288.1226, Florida Statutes, is amended 246 to read: 247 288.1226 Florida Tourism Industry Marketing Corporation; 248 use of property; board of directors; duties; audit.— 249 (1) DEFINITIONS.—As used inFor the purposes ofthis 250 section, the term: 251 (a) “Corporation” means the Florida Tourism Industry 252 Marketing Corporation. 253 (b) “County destination marketing organization” means a 254 public or private agency that is funded by local option tourist 255 development tax revenues under s. 125.0104, or local convention 256 development tax revenues under s. 212.0305, and is officially 257 designated by a county commission to market and promote the area 258 for tourism or convention business or, in any county that has 259 not levied such taxes, a public or private agency that is 260 officially designated by the county commission to market and 261 promote the area for tourism or convention business. 262 (c) “Tourism marketing” means any effort exercised to 263 attract domestic and international visitors from outside the 264 state to destinations in this state and to stimulate Florida 265 resident tourism to areas within the state. 266 (d) “Tourist” means any person who participates in trade or 267 recreation activities outside the county of his or her permanent 268 residence or who rents or leases transient living quarters or 269 accommodations as described in s. 125.0104(3)(a). 270 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing 271 Corporation is a direct-support organization of the Department 272 of Economic Opportunity. The department shall contract with the 273 corporation to execute tourism marketing services, functions, 274 and programs for the state, including, but not limited to, the 275 activities prescribed by the 4-year marketing plan under 276 paragraph (5)(c). The department shall assist the corporation in 277 maintaining and implementing the contract. The corporation is 278 not subject to control, supervision, or direction by the 279 department in any manner, including, but not limited to, 280 personnel, purchasing, transactions involving real or personal 281 property, and budgetary mattersEnterprise Florida, Inc. 282 (a) The Florida Tourism Industry Marketing Corporation is a 283 corporation not for profit, as defined in s. 501(c)(6) of the 284 Internal Revenue Code of 1986, as amended, whichthatis 285 incorporated underthe provisions ofchapter 617 and approved by 286 the Department of State. 287 (b) The corporation is organized and operated exclusively 288 to request, receive, hold, invest, and administer property and 289 to manage and make expenditures for the operation of the 290 activities, services, functions, and programs of this state 291 which relate to the statewide, national, and international 292 promotion and marketing of tourism. 293 (c) The corporation is not an agency, unit of government, 294 or instrumentality of the state for the purposes of chapters 295 120, 216, and 287; ss. 255.21, 255.25, and 255.254, relating to 296 leasing of buildings; ss. 283.33 and 283.35, relating to bids 297 for printing; s. 215.31; and parts I, II, and IV-VIII of chapter 298 112. 299 (d) The corporation is subject to the provisions of chapter 300 119, relating to public meetings, and those provisions of 301 chapter 286 relating to public meetings and records. 302 (3) USE OF PROPERTY.—The departmentEnterprise Florida,303Inc.: 304 (a) Is authorized to permit the use of property and 305 facilities of the departmentEnterprise Florida, Inc.,by the 306 corporation, subject tothe provisions ofthis section. 307 (b) Shall prescribe conditions with which the corporation 308 must comply in order to use property and facilities of the 309 departmentEnterprise Florida, Inc. Such conditions shall 310 provide for budget and audit review and for oversight by the 311 departmentEnterprise Florida, Inc. 312 (c) May not permit the use of property and facilities of 313 the departmentEnterprise Florida, Inc.,if the corporation does 314 not provide equal employment opportunities to all persons, 315 regardless of race, color, national origin, sex, age, or 316 religion. 317 (4) BOARD OF DIRECTORS.—The board of directors of the 318 corporation shall be composed of 31 tourism-industry-related 319 members, appointed by the GovernorEnterprise Florida, Inc., in320conjunction with the department. 321 (a) The board shall consist of 16 members, appointed in 322 such a manner as to equitably represent all geographic areas of 323 the state, with no fewer than two members from any of the 324 following regions: 325 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin, 326 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, 327 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties. 328 2. Region 2, composed of Alachua, Baker, Bradford, Clay, 329 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, 330 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee, 331 Taylor, and Union Counties. 332 3. Region 3, composed of Brevard, Indian River, Lake, 333 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and 334 Volusia Counties. 335 4. Region 4, composed of Citrus, Hernando, Hillsborough, 336 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. 337 5. Region 5, composed of Charlotte, Collier, DeSoto, 338 Glades, Hardee, Hendry, Highlands, and Lee Counties. 339 6. Region 6, composed of Broward, Martin, Miami-Dade, 340 Monroe, and Palm Beach Counties. 341 (b) The 15 additional tourism-industry-related members 342 shall include 1 representative from the statewide rental car 343 industry; 7 representatives from tourist-related statewide 344 associations, including those that represent hotels, 345 campgrounds, county destination marketing organizations, 346 museums, restaurants, retail, and attractions; 3 representatives 347 from county destination marketing organizations; 1 348 representative from the cruise industry; 1 representative from 349 an automobile and travel services membership organization that 350 has at least 2.8 million members in Florida; 1 representative 351 from the airline industry; and 1 representative from the space 352 tourism industry, who will each serve for a term of 2 years. 353 (c) It is not a violation of s. 112.3143(2) or (4) for an 354 officer or member of the board of directors of the corporation 355 to: 356 1. Vote on the 4-year marketing plan required under 357 paragraph (5)(c) or vote on any individual component of or 358 amendment to the plan. 359 2. Participate in the establishment or calculation of 360 payments related to the private match requirements of subsection 361 (6). The officer or member must file an annual disclosure 362 describing the nature of his or her interests or the interests 363 of his or her principals, including corporate parents and 364 subsidiaries of his or her principal, in the private match 365 requirements. This annual disclosure requirement satisfies the 366 disclosure requirement of s. 112.3143(4). The disclosure must be 367 placed on the corporation’s website or included in the minutes 368 of each meeting of the corporation’s board of directors at which 369 the private match requirements are discussed or voted upon. 370 (5) POWERS AND DUTIES.—The corporation’s responsibilities 371 andcorporation, in the performance of itsduties include, but 372 are not limited to: 373 (a) Maintaining and implementing the contract with the 374 department. The contract must provide that: 375 1. The department may review the corporation’s articles of 376 incorporation. 377 2. The corporation shall submit an annual budget proposal 378 to the department, on a form provided by the department, in 379 accordance with department procedures for filing budget 380 proposals based upon the recommendation of the department. 381 3. Any funds that the corporation holds in trust will 382 revert to the state upon the expiration or cancellation of the 383 contract. 384 4. The corporation is subject to an annual financial and 385 performance review by the department to determine whether the 386 corporation is complying with the terms of the contract and 387 whether it is acting in a manner consistent with the goals of 388 the department and in the best interests of the state. 389 5. The fiscal year of the corporation begins July 1 of each 390 year and ends June 30 of the following year. 391 (b) Advising the department on the development of tourism 392 marketing campaigns. 393 (c) Developing a 4-year marketing plan. 394 1. At a minimum, the marketing plan must discuss the 395 following: 396 a. Continuation of overall tourism growth in this state. 397 b. Expansion to new or underrepresented tourist markets. 398 c. Maintenance of traditional and loyal tourist markets. 399 d. Coordination of efforts with county destination 400 marketing organizations, other local government marketing 401 groups, privately owned attractions and destinations, and other 402 private sector partners to create a seamless, four-season 403 advertising campaign for the state and its regions. 404 e. Development of innovative techniques or promotions to 405 build repeat visitation by targeted segments of the tourist 406 population. 407 f. Consideration of innovative sources of state funding for 408 tourism marketing. 409 g. Promotion of nature-based tourism and heritage tourism. 410 h. Development of a component to address emergency response 411 to natural and manmade disasters from a marketing standpoint. 412 2. The plan must be annual in construction and ongoing in 413 nature. Any annual revision of the plan must carry forward the 414 concepts of the remaining portion of the plan and consider a 415 continuum portion to preserve the 4-year timeframe of the plan. 416 The plan must also include recommendations for specific 417 performance standards and measurable outcomes for the 418 corporation. The department shall base the actual performance 419 standards on these recommendations. 420 3. The 4-year marketing plan shall be annually reviewed and 421 approved by the department. 422 (d) Drafting and submitting an annual report as required by 423 s. 20.60(10). The annual report must set forth: 424 1. The 4-year marketing plan, including recommendations on 425 methods for implementing and funding the plan. 426 2. The corporation’s operations and accomplishments during 427 the fiscal year, including the economic benefit of the state’s 428 investment and effectiveness of the 4-year marketing plan. 429 3. The corporation’s assets and liabilities at the end of 430 its most recent fiscal year. 431 4. A copy of the annual financial and audit reports of the 432 corporation conducted under subsection (7). 433 (e)(a)MakingMay makeand enteringenterinto contracts 434 and assumingassumesuch other functions as are necessary to 435 carry outthe provisions ofthe 4-year marketing planrequired436bys. 288.923,and the corporation’s contract with the 437 departmentEnterprise Florida, Inc.,which are not inconsistent 438 with this or any otherprovision oflaw. The board of directors 439 of the corporation may not enter into any contract with a person 440 or an organization if any one of the board of directors of the 441 corporation or any member of their immediate families would 442 receive a direct financial benefit from entering into such a 443 contract. As used in this paragraph, the term “immediate family” 444 includes parents, step-parents, spouses or domestic partners, 445 children, step-children, full or half siblings, parents-in-law, 446 siblings-in-law, grandparents, great-grandparents, step-great 447 grandparents, aunts, uncles, nieces, nephews, and grandchildren. 448 (f)(b)DevelopingMay developa program to provide 449 incentives and to attract and recognize those entities that 450whichmake significant financial and promotional contributions 451 towards the expanded tourism promotion activities of the 452 corporation. 453 (g)(c)EstablishingMay establisha cooperative marketing 454 program with other public and private entities which allows the 455 use of the VISIT Florida logo in tourism promotion campaigns 456 thatwhichmeet the standards of the departmentEnterprise457Florida, Inc., for which the corporation may charge a reasonable 458 fee. 459 (h)(d)SuingMay sueand beingbesued and appearingappear460 and defendingdefendin all actions and proceedings in its 461 corporate name to the same extent as a natural person. 462 (i)(e)Adopting, usingMay adopt, use, and alteringaltera 463 common corporate seal. However, such seal must always contain 464 the words “corporation not for profit.” 465 (j)(f)ElectingShall elector appointingappointsuch 466 officers and agents as its affairs shall require and allowing 467allowthem reasonable compensation. 468 (k)(g)HiringShall hireand establishingestablish469 salaries and personnel and employee benefit programs for such 470 permanent and temporary employees as are necessary to carry out 471the provisions ofthe 4-year marketing plan and the 472 corporation’s contract with the departmentEnterprise Florida,473Inc.,which are not inconsistent with this or any other 474provision oflaw. 475(h) Shall provide staff support to the Division of Tourism476Promotion of Enterprise Florida, Inc. The president and chief477executive officer of the Florida Tourism Industry Marketing478Corporation shall serve without compensation as the director of479the division.480 (l)(i)Adopting, changing, amendingMay adopt, change,481amend, and repealingrepealbylaws, not inconsistent with law or 482 its articles of incorporation, for the administration of the 483provisions of the4-year marketing plan and the corporation’s 484 contract with the departmentEnterprise Florida, Inc. 485 (m)(j)ConductingMay conductits affairs, carryingcarry486 on its operations, and havinghaveoffices and exercising 487exercisethe powers granted by this act in any state, territory, 488 district, or possession of the United States or any foreign 489 country. Where feasible, appropriate, and recommended by the 4 490 year marketing plandeveloped by the Division of Tourism491Promotion of Enterprise Florida, Inc., the corporation may 492 collocate the programs of foreign tourism offices in cooperation 493 with any foreign office operated by any agency of this state. 494 (n)(k)AppearingMay appearon its own behalf before 495 boards, commissions, departments, or other agencies of 496 municipal, county, state, or federal government. 497 (o)(l)RequestingMay requestor acceptingacceptany 498 grant, payment, or gift,of funds or property made by this state 499 or by the United States or any department or agency thereof or 500 by any individual, firm, corporation, municipality, county, or 501 organization for any or all of the purposes of the 4-year 502 marketing plan and the corporation’s contract with the 503 department whichEnterprise Florida, Inc., thatare not 504 inconsistent with this or any otherprovision oflaw. Such funds 505 shall be deposited in a bank account established by the 506 corporation’s board of directors. The corporation may expend 507 such funds in accordance with the terms and conditions of any 508 such grant, payment, or gift, in the pursuit of its 509 administration or in support of the programs it administers. The 510 corporation shall separately account for the public funds and 511 the private funds deposited into the corporation’s bank account. 512 (p)(m)EstablishingShall establisha plan for 513 participation in the corporation which will provide additional 514 funding for the administration and duties of the corporation. 515 (q)(n)In the performance of its duties, undertakingmay516undertake, or contractingcontractfor, marketing projects and 517 advertising research projects. 518 (r)(o)In addition to any indemnification available under 519 chapter 617, indemnifyingthe corporation may indemnify, and 520 purchasingpurchaseand maintainingmaintaininsurance on behalf 521 of, directors, officers, and employees of the corporation 522 against any personal liability or accountability by reason of 523 actions taken while acting within the scope of their authority. 524 (6) MATCHING REQUIREMENTS.—Specifically for the tourism 525 marketing activities of the corporation: 526 (a) A one-to-one match is required of private to public 527 contributions within 4 calendar years after the implementation 528 date of the 4-year marketing plan. 529 (b) For purposes of calculating the required one-to-one 530 match, matching private funds shall be divided into four 531 categories. Documentation for the components of the four private 532 match categories shall be kept on file for inspection as 533 determined necessary. The four private match categories are: 534 1. Direct cash contributions, which include, but are not 535 limited to, cash derived from strategic alliances, contributions 536 of stocks and bonds, and partnership contributions. 537 2. Fees for services, which include, but are not limited 538 to, event participation, research, and brochure placement and 539 transparencies. 540 3. Cooperative advertising, which is the value based on 541 cost of contributed productions, air time, and print space. 542 4. In-kind contributions, which include, but are not 543 limited to, the value of strategic alliance services 544 contributed, the value of loaned employees, discounted service 545 fees, items contributed for use in promotions, and radio or 546 television air time or print space for promotions. The value of 547 air time or print space shall be calculated by taking the actual 548 time or space and multiplying by the nonnegotiated unit price 549 for that specific time or space which is known as the media 550 equivalency value. In order to avoid duplication in determining 551 media equivalency value, only the value of the promotion itself 552 shall be included; the value of the items contributed for the 553 promotion may not be included. 554 (7)(6)ANNUAL AUDIT.—The corporation shall provide for an 555 annual financial audit in accordance with s. 215.981. The annual 556 audit report shall be submitted to the Auditor General,;the 557 Office of Program Policy Analysis and Government 558 Accountability,;Enterprise Florida, Inc.;and the department 559 for review. The Office of Program Policy Analysis and Government 560 Accountability,;Enterprise Florida, Inc.;the department,;and 561 the Auditor General have the authority to require and receive 562 from the corporation or from its independent auditor any detail 563 or supplemental data relative to the operation of the 564 corporation. The department shall annually certify whether the 565 corporation is operating in a manner and achieving the 566 objectives that are consistent with the policies and goals of 567 the corporation’sEnterprise Florida, Inc.,and itslong-range 568 marketing plan. The identity of a donor or prospective donor to 569 the corporation who desires to remain anonymous and all 570 information identifying such donor or prospective donor are 571 confidential and exempt fromthe provisions ofs. 119.07(1) and 572 s. 24(a), Art. I of the State Constitution. Such anonymity shall 573 be maintained in the auditor’s report. 574 (8)(7)REPORT.—The corporation shall provide a quarterly 575 report to the departmentEnterprise Florida, Inc., which shall: 576 (a) Measure the current vitality of the visitor industry of 577 this state as compared to the vitality of such industry for the 578 year to date and for comparable quarters of past years. 579 Indicators of vitality shall be determined by the department 580Enterprise Florida, Inc.,and shall include, but not be limited 581 to, estimated visitor count and party size, length of stay, 582 average expenditure per party, and visitor origin and 583 destination. 584 (b) Provide detailed, unaudited financial statements of 585 sources and uses of public and private funds. 586 (c) Measure progress towards annual goals and objectives 587 set forth in the 4-year marketing plan. 588 (d) Review all pertinent research findings. 589 (e) Provide other measures of accountability as requested 590 by the departmentEnterprise Florida, Inc. 591 (9) PUBLIC ACCESS TO INFORMATION.—In keeping with the 592 public disclosure requirements placed upon other Florida 593 governmental entities under the Transparency Florida Act, the 594 corporation shall establish and maintain on its website public 595 access to the following information: 596 (a) Disbursement data consistent with the level required by 597 s. 215.985(4)(a)1. for state agencies. 598 (b) Contract data consistent with the requirements of s. 599 215.985(14)(a) for state agencies. 600 (c) All reports that include metrics and return on 601 investment calculations. 602 (d) Public versions of independent business evaluation 603 reports which highlight project-specific performance. 604 (e) Employee positions and salary information. 605 (f) Organizational charts. 606 (g) Audits, tax returns, and financial reports and 607 summaries. 608 (h) All statutorily required reports. 609 (10)(8)PUBLIC RECORDS EXEMPTION.—The identity of any 610 person who responds to a marketing project or advertising 611 research project conducted by the corporation in the performance 612 of its duties on behalf of the departmentEnterprise Florida,613Inc., or trade secrets as defined by s. 812.081 obtained 614 pursuant to such activities, are exempt from s. 119.07(1) and s. 615 24(a), Art. I of the State Constitution. This subsection is 616 subject to the Open Government Sunset Review Act in accordance 617 with s. 119.15 and shall stand repealed on October 2, 2021, 618 unless reviewed and saved from repeal through reenactment by the 619 Legislature. 620 (11)(9)REPEAL.—This section is repealed October 1, 2019, 621 unless reviewed and saved from repeal by the Legislature. 622 Section 6. Section 288.12265, Florida Statutes, is amended 623 to read: 624 288.12265 Welcome centers.— 625 (1) Responsibility for the welcome centers is assigned to 626 the Department of Economic OpportunityEnterprise Florida, Inc., 627 which shall contract with the Florida Tourism Industry Marketing 628 Corporation to employ all welcome center staff. 629 (2) The corporationEnterprise Florida, Inc.,shall 630 administer and operate the welcome centers. Pursuant to a 631 contract with the Department of Transportation, the corporation 632Enterprise Florida, Inc.,shall be responsible for routine 633 repair, replacement, or improvement and the day-to-day 634 management of interior areas occupied by the welcome centers. 635 All other repairs, replacements, or improvements to the welcome 636 centers shall be the responsibility of the Department of 637 Transportation.Enterprise Florida, Inc., may contract with the638Florida Tourism Industry Marketing Corporation for the639management and operation of the welcome centers.640 Section 7. Notwithstanding the repeal of section 288.1229, 641 Florida Statutes, in section 485 of chapter 2011-142, Laws of 642 Florida, section 288.1229, Florida Statutes, is revived, 643 readopted, and amended to read: 644 288.1229 Promotion and development of sports-related 645 industries and amateur athletics; direct-support organization 646 established; powers and duties.— 647 (1) The Department of Economic Opportunity shall establish 648 a direct-support organization known as the Florida Sports 649 Foundation. The foundation shallThe Office of Tourism, Trade,650and Economic Development may authorize a direct support651organization toassist the departmentofficein: 652 (a) The promotion and development of the sports industry 653 and related industries for the purpose of improving the economic 654 presence of these industries in Florida. 655 (b) The promotion of amateur athletic participation for the 656 citizens of Florida and the promotion of Florida as a host for 657 national and international amateur athletic competitions for the 658 purpose of encouraging and increasing the direct and ancillary 659 economic benefits of amateur athletic events and competitions. 660 (c) The retention of professional sports franchises, 661 including the spring training operations of Major League 662 Baseball. 663 (2) The foundation shallTo be authorized as a direct664support organization, an organization must: 665 (a) Be incorporated as a corporation not for profit 666 pursuant to chapter 617. 667 (b) Be governed by a board of directors, not to exceed 20 668which must consist ofup to 15members, appointed by the 669 Governor. 670 1. The appointed board members must be appointed as 671 follows: 672 a. Ten sustaining members representing Florida major league 673 franchises of Major League Baseball, the National Basketball 674 Association, the National Football League, the National Hockey 675 League, and Major League Soccer teams domiciled in this state. 676 b. Two members representing Florida regional sports 677 commissions. 678 c. One member representing the boating and fishing 679 industries of the state. 680 d. One member representing the golf industry of the state. 681 e. One member representing Major League Baseball spring 682 training. 683 f. One member representing the auto racing industry of the 684 state. 685 g. Four members-at-largeand up to 15 members appointed by686the existing board of directors. In making at-large 687 appointments, the Governorboardmust consider a potential 688 member’s background in community service and sports activism in, 689 and financial support of, the sports industry, professional 690 sports, or organized amateur athletics. Members must be 691 residents of the state and highly knowledgeable about or active 692 in professional or organized amateur sports. 693 2. The board must contain representatives of all 694 geographical regions of the state and must represent ethnic and 695 gender diversity. With the exception of the sustaining members, 696 the terms of office of the members shall be 4 years.No member697may serve more than two consecutive terms.The Governor may 698 remove any member for cause and shall fill all vacancies that 699 occur. 700 (c) Have as its purpose, as stated in its articles of 701 incorporation, to receive, hold, invest, and administer 702 property; to raise funds and receive gifts; and to promote and 703 develop the sports industry and related industries for the 704 purpose of increasing the economic presence of these industries 705 in Florida. 706 (d) Have a prior determination by the departmentOffice of707Tourism, Trade, and Economic Developmentthat the foundation 708organizationwill benefit the departmentofficeand act in the 709 best interests of the state as a direct-support organization to 710 the departmentoffice. 711 (e) Not enter into any contract with a person or an 712 organization if any one of the board of directors of the 713 foundation or any member of their immediate families would 714 receive a direct financial benefit from entering into such a 715 contract. As used in this paragraph, the term “immediate family” 716 includes parents, step-parents, spouses or domestic partners, 717 children, step-children, full or half siblings, parents-in-law, 718 siblings-in-law, grandparents, great-grandparents, step-great 719 grandparents, aunts, uncles, nieces, nephews, and grandchildren. 720 (3) The foundation shall operate under contract with the 721 department. The department shall enter into a contract with the 722 foundation by July 1, 2017. The contract must provideOffice of723Tourism, Trade, and Economic Development shall contract with the724organization and shall include in the contractthat: 725 (a) The departmentofficemay review the foundation’s 726organization’sarticles of incorporation. 727 (b) The foundationorganizationshall submit an annual 728 budget proposal to the departmentoffice, on a form provided by 729 the departmentoffice, in accordance with departmentoffice730 procedures for filing budget proposals based upon the 731 recommendation of the departmentoffice. 732 (c) Any funds that the foundationorganizationholds in 733 trust will revert to the state upon the expiration or 734 cancellation of the contract. 735 (d) The foundationorganizationis subject to an annual 736 financial and performance review by the departmentofficeto 737 determine whether the foundationorganizationis complying with 738 the terms of the contract and whether it is acting in a manner 739 consistent with the goals of the departmentofficeand in the 740 best interests of the state. 741 (e) The fiscal year of the foundation beginsorganization742will beginJuly 1 of each year and endsendJune 30 of the 743 followingnext ensuingyear. 744 (4) The departmentOffice of Tourism, Trade, and Economic745Developmentmay allow the foundationorganizationto use the 746 property, facilities, personnel, and services of the department 747officeif the foundationorganizationprovides equal employment 748 opportunities to all persons regardless of race, color, 749 religion, sex, age, or national origin, subject to the approval 750 of the executive director of the departmentoffice. 751 (5) The foundationorganizationshall provide for an annual 752 financial audit in accordance with s. 215.981. 753 (6) The foundationorganizationis not granted any taxing 754 power. 755 (7) The foundation shall draft and submit an annual report 756 as required by s. 20.60(10). The annual report must set forth: 757 (a) The foundation’s operations and accomplishments during 758 the fiscal year, including the economic benefit of the state’s 759 investment. 760 (b) The foundation’s assets and liabilities at the end of 761 its most recent fiscal year. 762 (c) A copy of the annual financial and audit reports of the 763 foundation conducted under subsection (5). 764 (8) In keeping with the public disclosure requirements 765 placed upon other Florida governmental entities under the 766 Transparency Florida Act, the foundation shall establish and 767 maintain on its website public access to the following 768 information: 769 (a) Disbursement data consistent with the level required by 770 s. 215.985(4)(a)1. for state agencies. 771 (b) Contract data consistent with the requirements of s. 772 215.985(14)(a) for state agencies. 773 (c) All reports that include metrics and return on 774 investment calculations. 775 (d) Public versions of independent business evaluation 776 reports which highlight project-specific performance. 777 (e) Employee positions and salary information. 778 (f) Organizational charts. 779 (g) Audits, tax returns, and financial reports and 780 summaries. 781 (h) All statutorily required reports. 782(7) In exercising the power provided in this section, the783Office of Tourism, Trade, and Economic Development may authorize784and contract with the direct-support organization existing on785June 30, 1996, and authorized by the former Florida Department786of Commerce to promote sports-related industries. An appointed787member of the board of directors of such direct-support788organization as of June 30, 1996, may serve the remainder of his789or her unexpired term.790 (9)(8)To promote amateur sports and physical fitness, the 791 foundationdirect-support organizationshall: 792 (a) Develop,foster,and coordinate services and programs 793 for amateur sports for the people of Florida. 794 (b) Sponsor amateur sports workshops, clinics, conferences, 795 and other similar activities. 796 (c) Give recognition to outstanding developments and 797 achievements in, and contributions to, amateur sports. 798 (d) Encourage, support, and assist local governments and 799 communities in the development of or hosting of local amateur 800 athletic events and competitions that create economic growth in 801 this state. 802 (e) Promote Florida as a host for national and 803 international amateur athletic competitions. 804 (f) Developastatewide programsprogramof amateur 805 athletic competition to be known as the “Florida Senior Games” 806 and the “Sunshine State Games.” 807 (g) Continue the successful amateur sports programs 808 previously conducted by the Florida Governor’s Council on 809 Physical Fitness and Amateur Sports created under former s. 810 14.22. 811(h) Encourage and continue the use of volunteers in its812amateur sports programs to the maximum extent possible.813 (h)(i)Develop, foster, and coordinate services and 814 programs designed to encourage the participation of Florida’s 815 youth in Olympic sports activities and competitions. 816 (i)(j)Foster and coordinate services and programs designed 817 to contribute to the physical fitness of the citizens of 818 Florida. 819 (10)(a)(9)(a)The Florida Senior Games and the Sunshine 820 State Games shall both be patterned after the Summer Olympics 821 with variations as necessitated by availability of facilities, 822 equipment, and expertise. The games shall be designed to 823 encourage the participation of athletes representing a broad 824 range of age groups, skill levels, and Florida communities. 825Participants shall be residents of this state. Regional826competitions shall be held throughout the state, and the top827qualifiers in each sport shall proceed to the final competitions828to be held at a site in the state with the necessary facilities829and equipment for conducting the competitions.830 (b) The departmentExecutive Office of the Governoris 831 authorized to permit the use of property, facilities, and 832 personal services of or at any State University System facility 833 or institution by the direct-support organization operating the 834 Florida Senior Games and the Sunshine State Games. For the 835 purposes of this paragraph, personal services includes full-time 836 or part-time personnel as well as payroll processing. 837 Section 8. Section 288.124, Florida Statutes, is amended to 838 read: 839 288.124 Convention grants program.—The Florida Tourism 840 Industry Marketing CorporationEnterprise Florida, Inc.,is 841 authorized to establish a convention grants program and, 842 pursuant to that program, to recommend to the department 843 expenditures and contracts with local governments and nonprofit 844 corporations or organizations for the purpose of attracting 845 national conferences and conventions to Florida. Preference 846 shall be given to local governments and nonprofit corporations 847 or organizations seeking to attract minority conventions to 848 Florida. Minority conventions are events that primarily involve 849 minority persons, as defined in s. 288.703, who are residents or 850 nonresidents of the state. The departmentEnterprise Florida,851Inc.,shall establish guidelines governing the award of grants 852 and the administration of this program. The department has final 853 approval authority for any grants under this section. The total 854 annual allocation of funds for this program mayshallnot exceed 855 $40,000. 856 Section 9. Section 288.72, Florida Statutes, is created to 857 read: 858 288.72 Enterprise Florida, Inc., small business liaison 859 service.— 860 (1) Enterprise Florida, Inc., created by s. 288.901, shall 861 develop, maintain, and market a small business liaison service. 862 Upon request by a member of the public, Enterprise Florida, 863 Inc., under the auspices of the small business liaison service, 864 shall furnish any and all information it has available, or 865 direct the requester to appropriate local or online sources of 866 information, regarding how to start, maintain, or further 867 develop a small business in any location in this state. Such 868 information may include, but is not limited to: 869 (a) Business plan research and development. 870 (b) Marketing plan research and development. 871 (c) Options for accessing capital. 872 (d) Location and workforce availability. 873 (e) Availability of shared support services and other local 874 support services, including, but not limited to, local business 875 incubators and accelerators. 876 (2) Enterprise Florida, Inc., shall collect and compile 877 data on users of its small business liaison service, including, 878 but not limited to, the number of users served, the type of 879 information or assistance provided, and customer satisfaction 880 with the service provided. Enterprise Florida, Inc., shall 881 annually provide the data compiled for the small business 882 liaison service pursuant to the requirements of s. 20.60(10). 883 Section 10. Subsection (2) and paragraph (b) of subsection 884 (5) of section 288.901, Florida Statutes, are amended, and 885 subsection (11) is added to that section, to read: 886 288.901 Enterprise Florida, Inc.— 887 (2) PURPOSES.—Enterprise Florida, Inc., shall act as the 888 economic development organization for the state, utilizing 889 private sector and public sector expertise in collaboration with 890 the department to: 891 (a) Increase private investment in Florida; 892 (b) Advance international and domestic trade opportunities; 893 (c) Market the statebothas a probusiness location for new 894 investmentand as an unparalleled tourist destination; 895 (d) Revitalize Florida’s space and aerospace industries, 896 and promote emerging complementary industries; 897 (e) Promote opportunities for small and minority-owned 898 businesses; 899(f) Assist and market professional and amateur sport teams900and sporting events in Florida;and 901 (f)(g)Assist, promote, and enhance economic opportunities 902 in this state’s rural and urban communities. 903 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.— 904 (b) In making their appointments, the Governor, the 905 President of the Senate, and the Speaker of the House of 906 Representatives shall ensure that the composition of the board 907 of directors reflects the diversity of Florida’s business 908 community and is representative of the economic development 909 goals in subsection (2). The board must include at least one 910 director for each of the following areas of expertise: 911 international business,tourism marketing,the space or 912 aerospace industry, managing or financing a small business, 913 managing or financing a minority-owned business, manufacturing, 914 and finance and accounting, and sports marketing. 915 (11) PUBLIC ACCESS TO INFORMATION.—In keeping with the 916 public disclosure requirements placed upon other Florida 917 governmental entities under the Transparency Florida Act, 918 Enterprise Florida, Inc., shall establish and maintain on its 919 website public access to the following information: 920 (a) Disbursement data consistent with the level required by 921 s. 215.985(4)(a)1. for state agencies. 922 (b) Contract data consistent with the requirements of s. 923 215.985(14)(a) for state agencies. 924 (c) All reports that include metrics and return on 925 investment calculations. 926 (d) Public versions of independent business evaluation 927 reports which highlight project-specific performance. 928 (e) Employee positions and salary information. 929 (f) Organizational charts. 930 (g) Audits, tax returns, and financial reports and 931 summaries. 932 (h) All statutorily required reports. 933 Section 11. Subsection (1) and paragraph (c) of subsection 934 (2) of section 288.9015, Florida Statutes, are amended to read: 935 288.9015 Powers of Enterprise Florida, Inc.; board of 936 directors.— 937 (1) Enterprise Florida, Inc., shall integrate its efforts 938 in business recruitment and expansion, job creation,marketing939the state for tourism and sports,and promoting economic 940 opportunities for small and minority-owned businesses and 941 promoting economic opportunities for rural and distressed urban 942 communities with those of the department, to create an 943 aggressive, agile, and collaborative effort to reinvigorate the 944 state’s economy. 945 (2) The board of directors of Enterprise Florida, Inc., 946 may: 947 (c) Make and enter into contracts and other instruments 948 necessary or convenient for the exercise of its powers and 949 functions. A contract executed by Enterprise Florida, Inc., with 950 a person or organization under which such person or organization 951 agrees to perform economic development services or similar 952 business assistance services on behalf of Enterprise Florida, 953 Inc., or the state must include provisions requiring a 954 performance report on the contracted activities and must account 955 for the proper use of funds provided under the contract, 956 coordinate with other components of state and local economic 957 development systems, and avoid duplication of existing state and 958 local services and activities. The board of directors of 959 Enterprise Florida, Inc., may not enter into any contract with a 960 person or an organization if any one of the board of directors 961 of Enterprise Florida, Inc., or any member of their immediate 962 families would receive a direct financial benefit from entering 963 into such a contract. As used in this paragraph, the term 964 “immediate family” includes parents, step-parents, spouses or 965 domestic partners, children, step-children, full or half 966 siblings, parents-in-law, siblings-in-law, grandparents, great 967 grandparents, step-great-grandparents, aunts, uncles, nieces, 968 nephews and grandchildren. 969 Section 12. Paragraph (b) of subsection (2) and subsection 970 (3) of section 288.904, Florida Statutes, are amended to read: 971 288.904 Funding for Enterprise Florida, Inc.; performance 972 and return on the public’s investment.— 973 (2) 974 (b) Private sector support in operating Enterprise Florida, 975 Inc., and its divisions includes: 976 1. Cash given directly to Enterprise Florida, Inc., for its 977 operations, including contributions from at-large members of the 978 board of directors; 979 2. Cash donations from organizations assisted by the 980 divisions; 981 3. Cash jointly raised by Enterprise Florida, Inc., and a 982 private local economic development organization, a group of such 983 organizations, or a statewide private business organization that 984 supports collaborative projects; 985 4. Cash generated by fees charged for products or services 986 of Enterprise Florida, Inc., and its divisions by sponsorship of 987 events, missions, programs, and publications;and988 5. Copayments, stock, warrants, royalties, or other private 989 resources dedicated to Enterprise Florida, Inc., or its 990 divisions; and 991 6. In-kind contributions, which include, but are not 992 limited to, the value of strategic alliance services 993 contributed, the value of loaned employees, discounted service 994 fees, items contributed for use in promotions, and radio or 995 television air time or print space for promotions. The value of 996 air time or print space shall be calculated by taking the actual 997 time or space and multiplying by the nonnegotiated unit price 998 for that specific time or space which is known as the media 999 equivalency value. In order to avoid duplication in determining 1000 media equivalency value, only the value of the promotion itself 1001 shall be included; the value of the items contributed for the 1002 promotion may not be included. 1003(3)(a) Specifically for the marketing and advertising1004activities of the Division of Tourism Marketing or as contracted1005through the Florida Tourism Industry Corporation, a one-to-one1006match is required of private to public contributions within 41007calendar years after the implementation date of the marketing1008plan pursuant to s. 288.923.1009(b) For purposes of calculating the required one-to-one1010match, matching private funds shall be divided into four1011categories. Documentation for the components of the four private1012match categories shall be kept on file for inspection as1013determined necessary. The four private match categories are:10141. Direct cash contributions, which include, but are not1015limited to, cash derived from strategic alliances, contributions1016of stocks and bonds, and partnership contributions.10172. Fees for services, which include, but are not limited1018to, event participation, research, and brochure placement and1019transparencies.10203. Cooperative advertising, which is the value based on1021cost of contributed productions, air time, and print space.10224. In-kind contributions, which include, but are not1023limited to, the value of strategic alliance services1024contributed, the value of loaned employees, discounted service1025fees, items contributed for use in promotions, and radio or1026television air time or print space for promotions. The value of1027air time or print space shall be calculated by taking the actual1028time or space and multiplying by the nonnegotiated unit price1029for that specific time or space which is known as the media1030equivalency value. In order to avoid duplication in determining1031media equivalency value, only the value of the promotion itself1032shall be included; the value of the items contributed for the1033promotion may not be included.1034 Section 13. Paragraphs (b) through (e) of subsection (1) 1035 and paragraph (b) of subsection (2) of section 288.92, Florida 1036 Statutes, are amended to read: 1037 288.92 Divisions of Enterprise Florida, Inc.— 1038 (1) Enterprise Florida, Inc., may create and dissolve 1039 divisions as necessary to carry out its mission. Each division 1040 shall have distinct responsibilities and complementary missions. 1041 At a minimum, Enterprise Florida, Inc., shall have divisions 1042 related to the following areas: 1043 (b) Business Retention and Recruitment; and 1044(c) Tourism Marketing;1045 (c)(d)Small and Minority Business Development; and1046(e) Sports Industry Development. 1047 (2) 1048 (b)1. The following officers and board members are subject 1049 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and 1050 112.3143(2): 1051 a. Officers and members of the board of directors of the 1052 divisions of Enterprise Florida, Inc. 1053 b. Officers and members of the board of directors of 1054 subsidiaries of Enterprise Florida, Inc. 1055 c. Officers and members of the board of directors of 1056 corporations created to carry out the missions of Enterprise 1057 Florida, Inc. 1058 d. Officers and members of the board of directors of 1059 corporations with which a division is required by law to 1060 contract to carry out its missions. 1061 2. For purposes of applying ss. 112.313(1)-(8), (10), (12), 1062 and (15); 112.3135; and 112.3143(2) to activities of the 1063 officers and members of the board of directors specified in 1064 subparagraph 1., those persons shall be considered public 1065 officers or employees and the corporation shall be considered 1066 their agency. 10673. It is not a violation of s. 112.3143(2) or (4) for the1068officers or members of the board of directors of the Florida1069Tourism Industry Marketing Corporation to:1070a. Vote on the 4-year marketing plan required under s.1071288.923 or vote on any individual component of or amendment to1072the plan.1073b. Participate in the establishment or calculation of1074payments related to the private match requirements of s.1075288.904(3). The officer or member must file an annual disclosure1076describing the nature of his or her interests or the interests1077of his or her principals, including corporate parents and1078subsidiaries of his or her principal, in the private match1079requirements. This annual disclosure requirement satisfies the1080disclosure requirement of s. 112.3143(4). This disclosure must1081be placed either on the Florida Tourism Industry Marketing1082Corporation’s website or included in the minutes of each meeting1083of the Florida Tourism Industry Marketing Corporation’s board of1084directors at which the private match requirements are discussed1085or voted upon.1086 Section 14. Section 288.923, Florida Statutes, is repealed. 1087 Section 15. Subsection (12) is added to section 331.3051, 1088 Florida Statutes, to read: 1089 331.3051 Duties of Space Florida.—Space Florida shall: 1090 (12) In keeping with the public disclosure requirements 1091 placed upon other Florida governmental entities under the 1092 Transparency Florida Act, establish and maintain on its website 1093 public access to the following information: 1094 (a) Disbursement data consistent with the level required by 1095 s. 215.985(4)(a)1. for state agencies. 1096 (b) Contract data consistent with the requirements of s. 1097 215.985(14)(a) for state agencies. 1098 (c) All reports that include metrics and return on 1099 investment calculations. 1100 (d) Public versions of independent business evaluation 1101 reports which highlight project-specific performance. 1102 (e) Employee positions and salary information. 1103 (f) Organizational charts. 1104 (g) Audits, tax returns, and financial reports and 1105 summaries. 1106 (h) All statutorily required reports. 1107 Section 16. Paragraph (b) of subsection (1) of section 1108 331.310, Florida Statutes, is amended to read: 1109 331.310 Powers and duties of the board of directors.— 1110 (1) The board of directors may: 1111 (b) Execute all contracts and other documents, adopt all 1112 proceedings, and perform all acts determined by the board to be 1113 necessary or desirable to carry out the purposes of this act. 1114 The board may authorize one or more members of the board to 1115 execute contracts and other documents on behalf of the board or 1116 Space Florida. The board of directors may not enter into any 1117 contract with a person or an organization if any one of the 1118 board of directors of Space Florida or any member of their 1119 immediate families would receive a direct financial benefit from 1120 entering into such a contract. As used in this paragraph, the 1121 term “immediate family” includes parents, step-parents, spouses 1122 or domestic partners, children, step-children, full or half 1123 siblings, parents-in-law, siblings-in-law, grandparents, great 1124 grandparents, step-great-grandparents, aunts, uncles, nieces, 1125 nephews and grandchildren. 1126 Section 17. Subsection (9) is added to section 420.504, 1127 Florida Statutes, to read: 1128 420.504 Public corporation; creation, membership, terms, 1129 expenses.— 1130 (9) In keeping with the public disclosure requirements 1131 placed upon other Florida governmental entities under the 1132 Transparency Florida Act, the corporation shall establish and 1133 maintain on its website public access to the following 1134 information: 1135 (a) Disbursement data consistent with the level required by 1136 s. 215.985(4)(a)1. for state agencies. 1137 (b) Contract data consistent with the requirements of s. 1138 215.985(14)(a) for state agencies. 1139 (c) All reports that include metrics and return on 1140 investment calculations. 1141 (d) Public versions of independent business evaluation 1142 reports which highlight project-specific performance. 1143 (e) Employee positions and salary information. 1144 (f) Organizational charts. 1145 (g) Audits, tax returns, and financial reports and 1146 summaries. 1147 (h) All statutorily required reports. 1148 Section 18. Subsection (20) of section 420.507, Florida 1149 Statutes, is amended to read: 1150 420.507 Powers of the corporation.—The corporation shall 1151 have all the powers necessary or convenient to carry out and 1152 effectuate the purposes and provisions of this part, including 1153 the following powers which are in addition to all other powers 1154 granted by other provisions of this part: 1155 (20) To make and execute agreements, contracts, and other 1156 instruments necessary or convenient in the exercise of the 1157 powers and functions of the corporation under this part, 1158 including contracts with any person, firm, corporation, local 1159 government, or other entity; and all local governments 1160 established under the laws of the state are hereby authorized to 1161 enter into and do all things necessary to perform such contracts 1162 and otherwise cooperate with the corporation to facilitate the 1163 accomplishment of the purposes of this part. The board of 1164 directors of the corporation may not enter into any contract 1165 with a person or an organization if any one of the board of 1166 directors of the corporation or any member of their immediate 1167 families would receive a direct financial benefit from entering 1168 into such a contract. As used in this paragraph, the term 1169 “immediate family” includes parents, step-parents, spouses or 1170 domestic partners, children, step-children, full or half 1171 siblings, parents-in-law, siblings-in-law, grandparents, great 1172 grandparents, step-great-grandparents, aunts, uncles, nieces, 1173 nephews and grandchildren. 1174 Section 19. Subsection (1) and paragraph (d) of subsection 1175 (5) of section 445.004, Florida Statutes, are amended to read: 1176 445.004 CareerSource Florida, Inc.; creation; purpose; 1177 membership; duties and powers.— 1178 (1) CareerSource Florida, Inc., is created as a not-for 1179 profit corporation, which shall be registered, incorporated, 1180 organized, and operated in compliance with chapter 617. 1181 CareerSource Florida, Inc., is not a unit or entity of state 1182 government and is exempt from chapters 120 and 287. CareerSource 1183 Florida, Inc., shall apply the procurement and expenditure 1184 procedures required by federal law for the expenditure of 1185 federal funds. CareerSource Florida, Inc., shall be 1186 administratively housed within the Department of Economic 1187 Opportunity; however, CareerSource Florida, Inc., is not subject 1188 to control, supervision, or direction by the department in any 1189 manner. The Legislature finds that public policy dictates that 1190 CareerSource Florida, Inc., operate in the most open and 1191 accessible manner consistent with its public purpose. To this 1192 end, the Legislature specifically declares that CareerSource 1193 Florida, Inc., its board, councils, and any advisory committees 1194 or similar groups created by CareerSource Florida, Inc., are 1195 subject to the provisions of chapter 119 relating to public 1196 records, and those provisions of chapter 286 relating to public 1197 meetings. In keeping with the public disclosure requirements 1198 placed upon other Florida governmental entities under the 1199 Transparency Florida Act, CareerSource Florida, Inc., shall 1200 establish and maintain on its website public access to the 1201 following information: 1202 (a) Disbursement data consistent with the level required by 1203 s. 215.985(4)(a)1. for state agencies. 1204 (b) Contract data consistent with the requirements of s. 1205 215.985(14)(a) for state agencies. 1206 (c) All reports that include metrics and return on 1207 investment calculations. 1208 (d) Public versions of independent business evaluation 1209 reports which highlight project-specific performance. 1210 (e) Employee positions and salary information. 1211 (f) Organizational charts. 1212 (g) Audits, tax returns, and financial reports and 1213 summaries. 1214 (h) All statutorily required reports. 1215 (5) CareerSource Florida, Inc., shall have all the powers 1216 and authority not explicitly prohibited by statute which are 1217 necessary or convenient to carry out and effectuate its purposes 1218 as determined by statute, Pub. L. No. 113-128, and the Governor, 1219 as well as its functions, duties, and responsibilities, 1220 including, but not limited to, the following: 1221 (d) Contracting with public and private entities as 1222 necessary to further the directives of this section. All 1223 contracts executed by CareerSource Florida, Inc., must include 1224 specific performance expectations and deliverables. All 1225 CareerSource Florida, Inc., contracts, including those 1226 solicited, managed, or paid by the department pursuant to s. 1227 20.60(5)(c) are exempt from s. 112.061, but shall be governed by 1228 subsection (1). The board of directors of CareerSource Florida, 1229 Inc., may not enter into any contract with a person or an 1230 organization if any one of the board of directors or any member 1231 of their immediate families would receive a direct financial 1232 benefit from entering into such a contract. As used in this 1233 paragraph, the term “immediate family” includes parents, step 1234 parents, spouses or domestic partners, children, step-children, 1235 full or half siblings, parents-in-law, siblings-in-law, 1236 grandparents, great-grandparents, step-great-grandparents, 1237 aunts, uncles, nieces, nephews and grandchildren. 1238 Section 20. This act shall take effect July 1, 2017.