Bill Text: FL S1714 | 2018 | Regular Session | Comm Sub
Bill Title: Economic Development and Tourism Promotion Accountability
Spectrum: Bipartisan Bill
Status: (Failed) 2018-03-10 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development [S1714 Detail]
Download: Florida-2018-S1714-Comm_Sub.html
Florida Senate - 2018 CS for SB 1714
By the Committee on Commerce and Tourism; and Senator Perry
577-02607-18 20181714c1
1 A bill to be entitled
2 An act relating to economic development and tourism
3 promotion accountability; amending s. 11.45, F.S.;
4 authorizing the Auditor General to audit certain
5 accounts and records; creating s. 288.0751, F.S.;
6 defining terms; providing requirements for the
7 operation of economic development agencies; requiring
8 specified persons to file an annual disclosure of
9 certain interests; providing requirements for such
10 disclosure; requiring board members to serve without
11 compensation; authorizing per diem and travel expenses
12 for certain persons paid from specified funds;
13 prohibiting specified persons from receiving public
14 compensation in excess of a certain amount;
15 prohibiting certain performance bonuses and severance
16 pay except under certain circumstances; subjecting
17 certain persons to a specified code of ethics;
18 requiring an economic development agency to take
19 certain actions regarding a significant potential
20 conflict of interest; limiting lodging expenses for
21 certain persons; providing an exception; authorizing
22 certain persons to expend their own funds in excess of
23 the lodging expense limit; prohibiting the expenditure
24 of economic development agency funds on certain items
25 unless authorized by law; prohibiting specified
26 persons from accepting certain items from specified
27 entities under certain circumstances; requiring that
28 contracts include specified information; requiring
29 that certain contracts be submitted to the governing
30 body of the local governmental entity and published on
31 such entity’s website within a certain timeframe;
32 prohibiting an economic development agency from
33 executing certain contracts without obtaining a
34 majority vote of the governing body of the local
35 governmental entity; requiring an economic development
36 agency to submit a report of financial data to the
37 governing body of a local governmental entity and
38 publish such report on its website within a certain
39 timeframe; requiring that the financial data include
40 certain items; requiring that an economic development
41 agency’s website contain certain information;
42 specifying that certain records are public records;
43 requiring an economic development agency to provide
44 online access to certain information; requiring an
45 economic development agency to provide the Department
46 of Economic Opportunity with a certain website
47 address; requiring the department to publish and
48 maintain a directory of certain information;
49 prohibiting an economic development agency from
50 receiving or expending public funds while in violation
51 of certain requirements; requiring the Auditor General
52 to conduct certain audits and report to certain
53 persons if certain violations are found; providing
54 that it is unlawful to knowingly and willfully make
55 materially false or misleading statements, provide
56 false or misleading information, fail to report
57 certain information, or purposefully avoid specified
58 requirements; providing civil and criminal penalties;
59 providing applicability; requiring a local
60 governmental entity to cease and desist from
61 transferring or providing public funds to an economic
62 development agency that fails to comply with this
63 section; creating s. 288.12261, F.S.; defining terms;
64 providing requirements for the operation of tourism
65 promotion agencies; requiring board members to serve
66 without compensation; prohibiting specified persons
67 from receiving public compensation in excess of a
68 certain amount; prohibiting certain performance
69 bonuses and severance pay except under certain
70 circumstances; requiring that contracts include
71 specified information; requiring a tourism promotion
72 agency to submit a report of financial data to the
73 governing body of the local governmental entity and
74 publish such report on its website within a certain
75 timeframe; requiring that the financial data include
76 certain items; prohibiting a tourism promotion agency
77 from receiving or expending public funds while in
78 violation of certain requirements; requiring a local
79 governmental entity to maintain and provide online
80 access to certain information; requiring a local
81 governmental entity to provide the department with a
82 certain website address; requiring the department to
83 publish and maintain a directory of certain
84 information; amending s. 125.0104, F.S.; requiring the
85 governing board of a county to review certain proposed
86 contracts and certifications relating to potential
87 conflicts of interest and mitigation plans; requiring
88 the governing board of a county that imposes a tourist
89 development tax to provide online access to certain
90 information; amending ss. 288.1226 and 288.904, F.S.;
91 revising financial data required to be included in an
92 annual report; conforming provisions to changes made
93 by the act; providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraphs (y) and (z) are added to subsection
98 (3) of section 11.45, Florida Statutes, to read:
99 11.45 Definitions; duties; authorities; reports; rules.—
100 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
101 General may, pursuant to his or her own authority, or at the
102 direction of the Legislative Auditing Committee, conduct audits
103 or other engagements as determined appropriate by the Auditor
104 General of:
105 (y) The accounts and records pertaining to the use of funds
106 from a tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
107 212.0305 for tourism development or promotion by a local
108 governmental entity, nonprofit organization, or for-profit
109 organization, including a tourism promotion agency as defined in
110 s. 288.12261 or a program or entity created by a tourism
111 promotion agency.
112 (z) The accounts and records pertaining to:
113 1. An economic development agency of a county or
114 municipality, including an economic development agency as
115 defined in s. 288.0751 or a program or entity created by an
116 economic development agency;
117 2. The county or municipal officers or employees assigned
118 to promote the general business interests, industrial interests,
119 or related responsibilities of the county or municipality; or
120 3. A private agency, person, partnership, corporation, or
121 business entity authorized by the state, a municipality, or a
122 county to promote the general business interests, industrial
123 interests, or related responsibilities of the state,
124 municipality, or county.
125 Section 2. Section 288.0751, Florida Statutes, is created
126 to read:
127 288.0751 Local economic development agencies.—
128 (1) DEFINITIONS.—For purposes of this section:
129 (a) “Economic development activities” means:
130 1. Developing or improving local infrastructure, issuing
131 bonds to finance or refinance the cost of capital projects for
132 industrial or manufacturing plants, or leasing or conveying real
133 property as part of an economic incentive agreement for one or
134 more businesses.
135 2. Providing grants to private enterprises for the
136 expansion of existing businesses or the attraction of new
137 businesses.
138 3. Participating in trade shows and prospecting missions.
139 4. Making expenditures for the design of strategic plans
140 for economic development.
141 5. Making expenditures for marketing and research services,
142 including marketing specific sites for business and industry
143 development or recruitment, and responding to inquiries from
144 businesses and industries concerning the development of specific
145 sites.
146 6. Providing economic development incentives, including:
147 a. Direct financial incentives of monetary assistance
148 provided to businesses, including, but not limited to, grants,
149 loans, equity investments, loan insurance and guarantees, and
150 training subsidies.
151 b. Indirect financial incentives of grants and loans
152 provided to businesses and community organizations that provide
153 support to businesses or promote business investments or
154 development.
155 c. Fee-based or tax-based incentives, including, but not
156 limited to, credits, refunds, exemptions, and property tax
157 abatement or assessment reductions.
158 d. Real property incentives, including, but not limited to,
159 below-market interest rate leases or sales of real property.
160
161 The term “economic development activities” does not include
162 developing, maintaining, or improving infrastructure or public
163 safety and other traditional functions of local government that
164 benefit the public at large or otherwise provide an indirect or
165 incidental benefit to the development of the local economy.
166 (b) “Economic development agency” means an entity,
167 including, but not limited to, an agency as defined in s.
168 119.011, that receives public funds and is engaged in economic
169 development activities on behalf of one or more local
170 governmental entities.
171 1. An economic development agency may include any local
172 governmental entity or any entity under contract with one or
173 more local governmental entities to promote economic development
174 activities on behalf of such local governmental entity or
175 entities through the expenditure of public funds. An economic
176 development agency may also include any private agency, person,
177 partnership, corporation, or business entity authorized by a
178 county or municipality to promote the general business or
179 industrial interests of that county or municipality.
180 2. Enterprise Florida, Inc., and the Department of Economic
181 Opportunity are not considered economic development agencies.
182 (c) “Local governmental entity” means the county or
183 municipality on whose behalf the economic development agency
184 engages in economic development activity.
185 (d) “Relative” has the same meaning as in s. 726.102.
186 (2) OPERATION.—An economic development agency must operate
187 in accordance with the following:
188 (a) Each director, officer, and member of the board of
189 directors of an economic development agency who is not otherwise
190 required to file a financial disclosure pursuant to ch. 112 must
191 file an annual disclosure pursuant to s. 112.3145 as a local
192 officer. Directors, officers, and members of the board of
193 directors are considered local officers and the local
194 governmental entity is considered their agency.
195 (b) Directors, officers, and members of the board of
196 directors of an economic development agency must disclose to the
197 board any activity that may reasonably be construed to be a
198 conflict of interest. A rebuttable presumption of a conflict of
199 interest exists if any of the following occurs without prior
200 notice to the economic development agency’s board:
201 1. A director, officer, or board member, or a relative of a
202 director, officer, or board member, enters into a contract for
203 goods or services with the agency.
204 2. A director, officer, or board member, or a relative of a
205 director, officer, or board member, holds an interest in a
206 corporation, limited liability corporation, partnership, limited
207 liability partnership, or other business entity that conducts
208 business with the agency or proposes to enter into a contract or
209 other transaction with the agency.
210 (c) If a director, officer, or board member, or a relative
211 of a director, officer, or board member, proposes to engage in
212 an activity that is a conflict of interest as described in
213 paragraph (b), the proposed activity must be listed on, and all
214 contracts and transactional documents related to the proposed
215 activity must be attached to, the meeting agenda for the
216 consideration of the contract. The disclosure must be placed on
217 the website of the economic development agency and included in
218 the minutes of each meeting of the board of directors of the
219 economic development agency during which such contracts or
220 related expenditures are discussed or voted upon.
221 (d) A director, officer, or board member, or a relative of
222 a director or an officer, who is a party to, or has an interest
223 in, an activity that is a possible conflict of interest as
224 described in paragraph (b) may attend the meeting at which the
225 activity is considered by the board and is authorized to make a
226 presentation to the board regarding the activity. After the
227 presentation, the director, officer, or board member, or the
228 relative of the director or officer, must leave the meeting
229 during the discussion of, and the vote upon, the activity. A
230 director, officer, or board member who is a party to, or has an
231 interest in, the activity must recuse themselves from the vote.
232 (e) Board members shall serve without compensation but are
233 entitled to receive reimbursement for per diem and travel
234 expenses pursuant to s. 112.061. Any ordinance or resolution
235 enacted pursuant to s. 112.061(14) may apply to board members in
236 that county only if such ordinance or resolution applies
237 uniformly to all travel by county employees. Such expenses must
238 be paid out of the funds of the economic development agency.
239 (f) Officers, employees, or agents, including the president
240 or chief executive officer, may not receive compensation from
241 public funds for the performance of economic development-related
242 duties, responsibilities, or services in an amount that exceeds
243 the annual compensation of the chief administrative or executive
244 officer or employee of the local governmental entity on whose
245 behalf such activities are performed. Any payments of
246 performance bonuses or severance pay to officers, employees, or
247 agents from public funds are prohibited unless specifically
248 authorized by law.
249 (g) An economic development agency must comply with the per
250 diem and travel expense provisions of s. 112.061. Any ordinance
251 or resolution enacted pursuant to s. 112.061(14) may apply to
252 economic development agencies and their officers and employees
253 in that county only if such ordinance or resolution applies
254 uniformly to all travel by county employees.
255 (h) Officers and employees are subject to s. 112.313.
256 However, any contract between an economic development agency and
257 a political subdivision, local governmental entity, or another
258 economic development agency to perform economic development
259 activities does not violate s. 112.313(3) or (7).
260 (i) An economic development agency not otherwise subject to
261 s. 287.057 must avoid, neutralize, or mitigate significant
262 potential organizational conflicts of interest before it enters
263 into a contract. If the economic development agency elects to
264 mitigate a significant potential organizational conflict of
265 interest, an adequate mitigation plan, including organizational,
266 physical, and electronic barriers, shall be developed and the
267 head of the economic development agency must certify that the
268 award is in the best interests of the local governmental entity
269 and submit such certification to the governing body of the local
270 governmental entity within 3 business days after entering into
271 the contract.
272 (j) Lodging expenses for an employee or board member may
273 not exceed $150 per day, excluding taxes, unless the economic
274 development agency is participating in a negotiated group rate
275 discount or the economic development agency provides
276 documentation of at least three comparable alternatives
277 demonstrating that such lodging at the required rate is not
278 available. However, an employee or board member may expend his
279 or her own funds for any lodging expenses in excess of $150 per
280 day.
281 (k) Economic development agency funds may not be expended
282 for food, beverages, lodging, entertainment, or gifts for
283 employees or board members, unless authorized pursuant to s.
284 112.061 or this section. Employees or board members may not
285 accept or receive food, beverages, lodging, entertainment, or
286 gifts from persons, vendors, or other entities doing business
287 with the economic development agency unless such food, beverage,
288 lodging, entertainment, or gift is available to similarly
289 situated members of the general public.
290
291 Nothing in this subsection is intended to limit the
292 applicability of ch. 112 to any person already subject to the
293 provisions of such chapter.
294 (3) TRANSPARENCY.—
295 (a) All contracts entered into by an economic development
296 agency shall include:
297 1. The purpose of the contract.
298 2. Specific performance standards and responsibilities for
299 each entity.
300 3. A detailed project or contract budget, if applicable.
301 4. The value of any services provided.
302 5. The projected travel and entertainment expenses for
303 employees and board members, if applicable.
304 (b) A proposed contract with an estimated total contract
305 value of $250,000 or more must be submitted to the governing
306 body of the local governmental entity and published on such
307 entity’s website at least 14 days before the contract is
308 executed. If the governing body of the local governmental entity
309 rejects such proposed contract by a majority vote held during
310 the 14-day period, the economic development agency may not
311 execute such proposed contract or any substantially similar
312 contract without obtaining a majority vote of the governing body
313 of the local governmental entity in favor of such contract. An
314 economic development agency may not enter into multiple related
315 contracts to avoid the requirements of this paragraph. If the
316 governing body of the local governmental entity does not take
317 action on the proposed contract within the 14-day period, the
318 contract may be executed.
319 (c)1. An economic development agency shall submit to the
320 governing body of the local governmental entity, within 30 days
321 after the end of its fiscal year, a complete and detailed report
322 setting forth all public and private financial data of the
323 economic development agency, and shall publish such report on
324 its website.
325 2. The financial data shall include:
326 a. The total amount of revenue received from public and
327 private sources.
328 b. The operating budget.
329 c. The total amount of salary, benefits, and other
330 compensation provided by the economic development agency to its
331 officers, employees, or agents, regardless of the funding
332 source.
333 d. An itemized account of all expenditures, including all
334 travel and entertainment expenditures.
335 (d) The following information must be posted on the website
336 of each economic development agency:
337 1. All contracts with a total contract value of $5,000 or
338 more. Such contracts must be posted within 5 business days after
339 execution.
340 2. All contracts, information, and financial data submitted
341 to the governing body of the local governmental entity. Such
342 contracts, information, and data must be posted within 5
343 business days after submission.
344 3. Video recordings of each board meeting. Such recordings
345 must be posted within 3 business days after the meeting.
346 4. A detailed report of expenditures following each
347 marketing event paid for with economic development agency funds.
348 Such report must be posted within 14 days after the event.
349 5. An annual itemized account of the total amount of funds
350 spent by a third party on behalf of the economic development
351 agency, its board members, or its employees.
352 6. An annual itemized account of the total amount of travel
353 and entertainment expenditures.
354 (e) Notwithstanding any provision of law to the contrary, a
355 record required under this section, including, but not limited
356 to, a contract or agreement, is a public record and is not
357 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
358 the State Constitution, except as provided in s. 288.075(5) and
359 (6)(a)1. and 2. Such record shall be produced in full in
360 accordance with this section or upon request.
361 (f) An economic development agency shall maintain and
362 provide online access to all of the information required under
363 this subsection. Each economic development agency shall provide
364 the Department of Economic Opportunity with the specific website
365 address where the required information is published and
366 maintained online, and the Department of Economic Opportunity
367 shall publish and maintain a single online directory which lists
368 each economic development agency and the specific website
369 address where such required information may be located.
370 (g) An economic development agency that fails to comply
371 with the transparency and accountability requirements of this
372 subsection may not receive or expend public funds until it
373 becomes fully compliant.
374 (4) AUDITS.—The Auditor General shall annually select at
375 least two economic development agencies that received public
376 funds in the previous year and conduct audits, as defined in s.
377 11.45, to verify that funds were expended as required by this
378 section and to verify that transparency and accountability
379 requirements were met. If the Auditor General determines that
380 funds were not expended as required by this section, he or she
381 shall immediately report such findings to the Governor, the
382 President of the Senate, and the Speaker of the House of
383 Representatives.
384 (5) PENALTIES.—It is unlawful for a person to knowingly and
385 willfully make a materially false or misleading statement,
386 provide false or misleading information, fail to report required
387 information, or structure an organization or agreement to avoid
388 the requirements of this section. A person who violates this
389 section commits a misdemeanor of the first degree, punishable as
390 provided in s. 775.082 or s. 775.083.
391 (6) APPLICABILITY.—A private entity that meets the
392 definition of an economic development agency under subsection
393 (1) due solely to the existence of a contract between the
394 private entity and an economic development agency to engage in
395 economic development activities is required to comply with this
396 section only in connection with the performance of its
397 obligations and the expenditure of funds pursuant to such
398 contract. This section shall not be construed to require the
399 private entity to report or conform its other business practices
400 or activities to the provisions of this section, provided such
401 practices or activities are not directly related to or funded by
402 such contract. An entity that does not receive any public funds
403 for economic development activities is not subject to this
404 section if the entity does not concurrently employ or use the
405 services of a local governmental entity employee for economic
406 development activities.
407 (7) ENFORCEMENT.—The local governmental entity shall cease
408 and desist from transferring or providing public funds to any
409 economic development agency that fails to comply with this
410 section.
411 Section 3. Section 288.12261, Florida Statutes, is created
412 to read:
413 288.12261 Tourism promotion agencies.—
414 (1) DEFINITIONS.—For purposes of this section, the term:
415 (a) “Local governmental entity” means the county or
416 municipality on whose behalf the tourism promotion agency
417 engages in tourism promotion activity.
418 (b) “Promote tourism development” means using public funds
419 to promote or perform the activities described in s.
420 125.0104(5).
421 (c) “Tourism promotion agency” means an entity, including,
422 but not limited to, an agency as defined in s. 119.011, that
423 receives public funds to promote tourism development on behalf
424 of one or more local governmental entities.
425 1. The term also includes any local governmental entity or
426 any entity under contract with one or more local governmental
427 entities to promote tourism development on behalf of such local
428 governmental entity or entities through the expenditure of
429 public funds.
430 2. For purposes of this section, the Florida Tourism
431 Industry Marketing Corporation and the Department of Economic
432 Opportunity are not considered tourism promotion agencies.
433 (2) OPERATION.—A tourism promotion agency must operate in
434 accordance with the following:
435 (a) Directors, officers, and members of the board of
436 directors of a tourism promotion agency shall disclose to the
437 board any activity that may reasonably be construed to be a
438 conflict of interest.
439 (b) Board members shall serve without compensation.
440 (c) Officers, employees, or agents, including the president
441 or chief executive officer, may not receive compensation from
442 public funds for the performance of tourism promotion-related
443 duties, responsibilities, or services in an amount that exceeds
444 the annual compensation of the chief administrative or executive
445 officer or employee of the local governmental entity on whose
446 behalf such duties, responsibilities, or services are performed.
447 Any payments of performance bonuses or severance pay to
448 officers, employees, or agents from public funds are prohibited
449 unless specifically authorized by law.
450 (3) TRANSPARENCY.—
451 (a) All contracts entered into by a tourism promotion
452 agency must include:
453 1. The purpose of the contract.
454 2. Specific performance standards and responsibilities for
455 each entity.
456 3. A detailed project or contract budget, if applicable.
457 4. The value of any services provided.
458 5. The projected travel and entertainment expenses for
459 employees and board members, if applicable.
460 (b)1. A tourism promotion agency shall submit to the
461 governing body of the local governmental entity, within 45 days
462 after the end of its fiscal year, a complete and detailed report
463 setting forth all public and private financial data of the
464 tourism promotion agency, and shall publish such report on its
465 website.
466 2. The financial data must include:
467 a. The total amount of revenue received from public and
468 private sources.
469 b. The operating budget.
470 c. The total amount of salary, benefits, and other
471 compensation provided by the tourism promotion agency to its
472 officers, employees, or agents, regardless of the funding
473 source.
474 d. An itemized account of all expenditures, including all
475 travel and entertainment expenditures.
476 e. All contracts with a total contract value of $5,000 or
477 more.
478 (c) A tourism promotion agency that fails to comply with
479 the transparency and accountability requirements of this
480 subsection may not receive or expend public funds until it
481 becomes fully compliant.
482 (d) The local governmental entity shall maintain and
483 provide online access to all of the information required under
484 this subsection and s. 125.0104(4)(f). Each local governmental
485 entity shall provide the Department of Economic Opportunity with
486 the specific website address where the required information is
487 published and maintained online, and the Department of Economic
488 Opportunity shall publish and maintain a single online directory
489 that lists each local governmental entity and the specific
490 website address where such required information may be located.
491 Section 4. Paragraph (e) of subsection (4) of section
492 125.0104, Florida Statutes, is amended, and paragraph (f) is
493 added to that subsection, to read:
494 125.0104 Tourist development tax; procedure for levying;
495 authorized uses; referendum; enforcement.—
496 (4) ORDINANCE LEVY TAX; PROCEDURE.—
497 (e) The governing board of each county which levies and
498 imposes a tourist development tax under this section shall
499 appoint an advisory council to be known as the “...(name of
500 county)... Tourist Development Council.” The council shall be
501 established by ordinance and composed of nine members who shall
502 be appointed by the governing board. The chair of the governing
503 board of the county or any other member of the governing board
504 as designated by the chair shall serve on the council. Two
505 members of the council shall be elected municipal officials, at
506 least one of whom shall be from the most populous municipality
507 in the county or subcounty special taxing district in which the
508 tax is levied. Six members of the council shall be persons who
509 are involved in the tourist industry and who have demonstrated
510 an interest in tourist development, of which members, not less
511 than three nor more than four shall be owners or operators of
512 motels, hotels, recreational vehicle parks, or other tourist
513 accommodations in the county and subject to the tax. All members
514 of the council shall be electors of the county. The governing
515 board of the county shall have the option of designating the
516 chair of the council or allowing the council to elect a chair.
517 The chair shall be appointed or elected annually and may be
518 reelected or reappointed. The members of the council shall serve
519 for staggered terms of 4 years. The terms of office of the
520 original members shall be prescribed in the resolution required
521 under paragraph (b). The council shall meet at least once each
522 quarter and, from time to time, shall make recommendations to
523 the county governing board for the effective operation of the
524 special projects or for uses of the tourist development tax
525 revenue and perform such other duties as may be prescribed by
526 county ordinance or resolution. The council shall continuously
527 review expenditures of revenues from the tourist development
528 trust fund and shall receive, at least quarterly, expenditure
529 reports from the county governing board or its designee.
530 Expenditures which the council believes to be unauthorized shall
531 be reported to the county governing board and the Department of
532 Revenue. The governing board and the department shall review the
533 findings of the council and take appropriate administrative or
534 judicial action to ensure compliance with this section. The
535 county governing board shall review all proposed contracts with
536 an estimated total contract value of $250,000 or more submitted
537 by a tourism promotion agency. The county governing board may
538 reject such proposed contract by a majority vote before the
539 execution of such contract. The county governing board must
540 review all certifications by the head of a tourism promotion
541 agency related to potential conflicts of interest and mitigation
542 plans The changes in the composition of the membership of the
543 tourist development council mandated by chapter 86-4, Laws of
544 Florida, and this act shall not cause the interruption of the
545 current term of any person who is a member of a council on
546 October 1, 1996.
547 (f) The governing board of a county that levies and imposes
548 a tourist development tax under this section shall publish and
549 make the following information available online:
550 1. The approved tourist development plan, including the
551 approximate cost or expense allocation for each specific project
552 or special use.
553 2. Any substantial amendments to the tourist development
554 plan.
555 3. The tax district in which the tourist development tax is
556 levied.
557 4. A prioritized list of the proposed uses of the tax
558 revenue by specific project or special use.
559 5. The quarterly expenditure reports from the county
560 governing board or its designee.
561 Section 5. Paragraph (c) of subsection (13) of section
562 288.1226, Florida Statutes, is amended to read:
563 288.1226 Florida Tourism Industry Marketing Corporation;
564 use of property; board of directors; duties; audit.—
565 (13) TRANSPARENCY.—
566 (c)1. Any entity that in the previous fiscal year received
567 more than 50 percent of its revenue from the corporation or
568 taxes imposed pursuant to s. 125.0104, s. 125.0108, or s.
569 212.0305, and that partners with the corporation or participates
570 in a program, cooperative advertisement, promotional
571 opportunity, or other activity offered by or in conjunction with
572 the corporation, shall annually, within 30 days after the end of
573 its fiscal year, on July 1 report all public and private
574 financial data to the Governor, the President of the Senate, and
575 the Speaker of the House of Representatives, and include such
576 report on its website.
577 2. The financial data shall include:
578 a. The total amount of revenue received from public and
579 private sources.
580 b. The operating budget of the partner entity.
581 c. The total amount of salary, benefits, and other
582 compensation provided by the entity to its officers, employees,
583 board members, or agents, regardless of the funding source
584 Employee and board member salary and benefit details from public
585 and private funds.
586 d. An itemized account of all expenditures, including all
587 travel and entertainment expenditures, by the partner entity on
588 the behalf of, or coordinated for the benefit of, the
589 corporation, its board members, or its employees.
590 e. Itemized travel and entertainment expenditures of the
591 partner entity.
592 Section 6. Paragraph (c) of subsection (6) of section
593 288.904, Florida Statutes, is amended to read:
594 288.904 Funding for Enterprise Florida, Inc.; performance
595 and return on the public’s investment.—
596 (6)
597 (c)1. Any entity that in the previous fiscal year received
598 more than 50 percent of its revenue from Enterprise Florida,
599 Inc., or a tax imposed pursuant to s. 125.0104, s. 125.0108, or
600 s. 212.0305, and that partners with Enterprise Florida, Inc., in
601 a program or other activity offered by or in conjunction with
602 Enterprise, Florida, Inc., shall annually, within 30 days after
603 the end of its fiscal year, on July 1 report all public and
604 private financial data to the Governor, the President of the
605 Senate, and the Speaker of the House of Representatives, and
606 include such report on its website.
607 2. The financial data shall include:
608 a. The total amount of revenue received from public and
609 private sources.
610 b. The operating budget of the partner entity.
611 c. The total amount of salary, benefits, and other
612 compensation provided by the entity to its officers, employees,
613 board members, or agents, regardless of the funding source
614 Employee and board member salary and benefit details from public
615 and private funds.
616 d. An itemized account of all expenditures, including all
617 travel and entertainment expenditures, by the partner entity on
618 the behalf of, or coordinated for the benefit of, Enterprise
619 Florida, Inc., its board members, or its employees.
620 e. Itemized travel and entertainment expenditures of the
621 partner entity.
622 Section 7. This act shall take effect October 1, 2018.
