SB 2-A First Engrossed
20172Ae1
1 A bill to be entitled
2 An act relating to economic programs; amending s.
3 11.45, F.S.; authorizing the Auditor General to audit
4 the Florida Tourism Industry Marketing Corporation;
5 amending s. 201.15, F.S.; transferring certain funds
6 to the General Revenue Fund; creating s. 288.101,
7 F.S.; creating the Florida Job Growth Grant Fund
8 within the Department of Economic Opportunity;
9 requiring the department and Enterprise Florida, Inc.,
10 in consultation with the Department of Transportation,
11 to identify projects, solicit proposals, and make
12 certain recommendations; requiring the department and
13 Enterprise Florida, Inc., in consultation with the
14 Department of Transportation, to establish an
15 application process and criteria for grant requests;
16 providing requirements for requesting grants;
17 requiring the department, upon approval by the
18 Governor, to prepare a certain agreement before
19 disbursing grant funds; specifying requirements for
20 the agreement; authorizing the department to contract
21 with CareerSource Florida, Inc., or administer the
22 workforce training grants program directly;
23 prohibiting grant funds from being used for certain
24 training; providing definitions; providing eligibility
25 criteria for projects to receive funds from the
26 Florida Job Growth Grant Fund; requiring the
27 department and Enterprise Florida, Inc., to jointly
28 review applications and determine the eligibility of
29 each project; requiring the department to make its
30 recommendations to the Governor within a specified
31 timeframe; requiring the Governor to obtain certain
32 approval for projects requiring funding that exceeds a
33 specified amount; requiring the department and a grant
34 recipient to enter into a contract for the payment of
35 moneys from the fund under certain circumstances;
36 providing requirements for the contract; requiring
37 certain funds to be placed in reserve and to be
38 released only pursuant to certain legislative
39 consultation and review requirements; requiring the
40 department to establish an application process;
41 requiring the department to establish a methodology
42 for making grant award recommendations; requiring that
43 the methodology be approved by the Legislature;
44 requiring that certain contracts be made publicly
45 available on the department’s website before or after
46 execution; providing requirements for the contracts;
47 prohibiting funds appropriated to the Florida Job
48 Growth Grant Fund from being transferred to certain
49 accounts under certain circumstances; requiring the
50 department and Enterprise Florida, Inc., to post
51 specified information on their websites; providing an
52 expiration date; amending s. 288.1201, F.S.; requiring
53 the Department of Economic Opportunity to retain state
54 funds for specified programs in the State Economic
55 Enhancement and Development Trust Fund until certain
56 conditions are met; requiring the department to return
57 to the State Treasury unexpended funds from the Quick
58 Action Closing Fund which are held by certain
59 entities; requiring the department to comply by a
60 certain date; requiring the department to provide
61 notification of compliance to the Governor and the
62 Legislature by a certain date; amending s. 288.1226,
63 F.S.; requiring the Florida Tourism Industry Marketing
64 Corporation to comply with certain per diem and travel
65 expense provisions; providing corporation board
66 members and officers with certain voting authority;
67 requiring such officers and members to file a certain
68 annual disclosure; requiring that such disclosure be
69 placed on the corporation’s website; authorizing
70 reimbursement for per diem and travel expenses for
71 corporation board members; requiring such expenses to
72 be paid out of corporation funds; subjecting certain
73 contracts to specified notice and review procedures;
74 prohibiting the execution of certain contracts;
75 limiting the amount of compensation paid to
76 corporation officers, agents, and employees;
77 prohibiting certain performance bonuses and severance
78 pay; removing a requirement that the corporation
79 provide certain support to the Division of Tourism
80 Promotion of Enterprise Florida, Inc.; prohibiting the
81 corporation from creating or establishing certain
82 entities and expending certain funds that benefit only
83 one entity; requiring a one-to-one match of private to
84 public contributions to the corporation; providing
85 private contribution categories to be used for the
86 calculation of such match; prohibiting certain
87 contributions from being considered private
88 contributions for purposes of such match; requiring
89 the corporation to provide certain data to the Office
90 of Economic and Demographic Research; prohibiting the
91 expenditure of corporation funds for certain purposes;
92 prohibiting the acceptance or receipt of certain items
93 or services from certain entities; limiting lodging
94 expenses of corporation employees; providing an
95 exception; requiring the department to submit a
96 proposed operating budget for the corporation to the
97 Governor and the Legislature; requiring the inclusion
98 of certain corporation contracts on the corporation’s
99 website; requiring the inclusion of specified
100 information in certain corporation contracts and on
101 the corporation’s website; requiring certain entities
102 that receive a certain amount of specified funds to
103 report certain public and private financial data on
104 their websites and provide such report to the Governor
105 and the Legislature on a specified date; requiring the
106 report to include specified financial data; requiring
107 specified functionality of the corporation’s website;
108 creating s. 288.12266, F.S.; creating the Targeted
109 Marketing Assistance Program to enhance the tourism
110 business marketing of small, minority, rural, and
111 agritourism businesses in the state; providing a
112 definition; requiring the department and the
113 corporation to provide an annual report to the
114 Governor and the Legislature; amending s. 288.124,
115 F.S.; authorizing the Florida Tourism Industry
116 Marketing Corporation, rather than Enterprise Florida,
117 Inc., to establish a convention grants program and
118 guidelines governing the award of program grants and
119 the administration of such program; amending s.
120 288.901, F.S.; authorizing reimbursement for per diem
121 and travel expenses for Enterprise Florida, Inc.,
122 board members; requiring such expenses to be paid out
123 of Enterprise Florida, Inc., funds; amending s.
124 288.903, F.S.; subjecting certain contracts to
125 specified notice and review procedures; prohibiting
126 the execution of certain contracts; prohibiting
127 Enterprise Florida, Inc., from creating or
128 establishing certain entities; requiring Enterprise
129 Florida, Inc., to comply with certain per diem and
130 travel expense provisions; amending s. 288.904, F.S.;
131 requiring the department to submit a proposed
132 operating budget for Enterprise Florida, Inc., to the
133 Governor and the Legislature; requiring the inclusion
134 of executed Enterprise Florida, Inc., contracts on the
135 Enterprise Florida, Inc., website; requiring the
136 inclusion of specified information in certain
137 Enterprise Florida, Inc., contracts and on the
138 Enterprise Florida, Inc., website; requiring certain
139 entities that receive a certain amount of specified
140 funds to report certain public and private financial
141 data on their websites and provide such report to the
142 Governor and the Legislature by a specified date;
143 requiring the report to include specified financial
144 data; requiring specified functionality of the
145 Enterprise Florida, Inc., website; amending s.
146 288.905, F.S.; limiting the amount of public
147 compensation paid to Enterprise Florida, Inc.,
148 employees; prohibiting certain performance bonuses and
149 severance pay; limiting lodging expenses of Enterprise
150 Florida, Inc., employees; providing an exception;
151 prohibiting certain expenditures; prohibiting the
152 acceptance or receipt of certain items or services
153 from certain entities; providing appropriations;
154 terminating the Displaced Homemaker Trust Fund within
155 the Department of Economic Opportunity; providing for
156 the disposition of balances in and revenues of the
157 trust fund; providing procedures for the termination
158 of the trust fund; repealing ss. 446.50, 446.51,
159 446.52, and 1010.84, F.S., relating to displaced
160 homemaker programs, prohibited discrimination and
161 confidentiality of information related to such
162 programs, and the Displaced Homemaker Trust Fund,
163 respectively; amending ss. 20.60, 28.101, 187.201,
164 288.92, 288.923, 445.003, 445.004, 741.01, and
165 741.011, F.S.; conforming provisions to changes made
166 by the act; providing an effective date.
167
168 Be It Enacted by the Legislature of the State of Florida:
169
170 Section 1. Paragraph (x) is added to subsection (3) of
171 section 11.45, Florida Statutes, to read:
172 11.45 Definitions; duties; authorities; reports; rules.—
173 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
174 General may, pursuant to his or her own authority, or at the
175 direction of the Legislative Auditing Committee, conduct audits
176 or other engagements as determined appropriate by the Auditor
177 General of:
178 (x) The Florida Tourism Industry Marketing Corporation.
179 Section 2. Paragraph (a) of subsection (4) of section
180 201.15, Florida Statutes, is amended to read:
181 201.15 Distribution of taxes collected.—All taxes collected
182 under this chapter are hereby pledged and shall be first made
183 available to make payments when due on bonds issued pursuant to
184 s. 215.618 or s. 215.619, or any other bonds authorized to be
185 issued on a parity basis with such bonds. Such pledge and
186 availability for the payment of these bonds shall have priority
187 over any requirement for the payment of service charges or costs
188 of collection and enforcement under this section. All taxes
189 collected under this chapter, except taxes distributed to the
190 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
191 are subject to the service charge imposed in s. 215.20(1).
192 Before distribution pursuant to this section, the Department of
193 Revenue shall deduct amounts necessary to pay the costs of the
194 collection and enforcement of the tax levied by this chapter.
195 The costs and service charge may not be levied against any
196 portion of taxes pledged to debt service on bonds to the extent
197 that the costs and service charge are required to pay any
198 amounts relating to the bonds. All of the costs of the
199 collection and enforcement of the tax levied by this chapter and
200 the service charge shall be available and transferred to the
201 extent necessary to pay debt service and any other amounts
202 payable with respect to bonds authorized before January 1, 2017,
203 secured by revenues distributed pursuant to this section. All
204 taxes remaining after deduction of costs shall be distributed as
205 follows:
206 (4) After the required distributions to the Land
207 Acquisition Trust Fund pursuant to subsections (1) and (2) and
208 deduction of the service charge imposed pursuant to s.
209 215.20(1), the remainder shall be distributed as follows:
210 (a) The lesser of 24.18442 percent of the remainder or
211 $541.75 million in each fiscal year shall be paid into the State
212 Treasury to the credit of the State Transportation Trust Fund.
213 Of such funds, $75 million for each fiscal year shall be
214 transferred to the General Revenue Fund State Economic
215 Enhancement and Development Trust Fund within the Department of
216 Economic Opportunity. Notwithstanding any other law, the
217 remaining amount credited to the State Transportation Trust Fund
218 shall be used for:
219 1. Capital funding for the New Starts Transit Program,
220 authorized by Title 49, U.S.C. s. 5309 and specified in s.
221 341.051, in the amount of 10 percent of the funds;
222 2. The Small County Outreach Program specified in s.
223 339.2818, in the amount of 10 percent of the funds;
224 3. The Strategic Intermodal System specified in ss. 339.61,
225 339.62, 339.63, and 339.64, in the amount of 75 percent of the
226 funds after deduction of the payments required pursuant to
227 subparagraphs 1. and 2.; and
228 4. The Transportation Regional Incentive Program specified
229 in s. 339.2819, in the amount of 25 percent of the funds after
230 deduction of the payments required pursuant to subparagraphs 1.
231 and 2. The first $60 million of the funds allocated pursuant to
232 this subparagraph shall be allocated annually to the Florida
233 Rail Enterprise for the purposes established in s. 341.303(5).
234 Section 3. Section 288.101, Florida Statutes, is created to
235 read:
236 288.101 Florida Job Growth Grant Fund.—
237 (1) The Florida Job Growth Grant Fund is created within the
238 department to promote economic opportunity by improving public
239 infrastructure and enhancing workforce training. The Florida Job
240 Growth Grant Fund may not be used for the exclusive benefit of
241 any single company, corporation, or business entity.
242 (2) The department and Enterprise Florida, Inc., in
243 consultation with the Department of Transportation, shall
244 identify projects, solicit proposals, and make recommendations
245 to the Governor for grant awards to state and local governmental
246 entities pursuant to s. 255.0525 for state or local public
247 infrastructure projects to promote economic recovery, economic
248 diversification, or economic enhancement in a targeted industry.
249 (a) The department and Enterprise Florida, Inc., in
250 consultation with the Department of Transportation, shall
251 establish an application process and criteria for grant
252 requests. Grant requests may be submitted to the department by
253 the board of county commissioners of a county, the chief
254 executive officer of a municipality, or the governing body of a
255 special district or a special tax district. The grant request
256 must be signed by the chair of the board of county commissioners
257 and attested by the clerk of the circuit court or the
258 appropriate officer in a charter county, by the chief executive
259 officer of a municipality and attested by the clerk of the
260 municipality, or by the chair of the governing body and attested
261 by the chief financial officer of a special district or a
262 special tax district.
263 (b) Upon approval by the Governor and before the
264 disbursement of grant funds pursuant to this subsection, the
265 department shall prepare a grant agreement between the local
266 governmental entity receiving funding through the program and
267 the department. The agreement must include, but is not limited
268 to:
269 1. The purpose of the grant.
270 2. The grant recipient’s specific performance standards and
271 responsibilities.
272 3. A detailed project or contract budget, if available.
273 (3) The department and Enterprise Florida, Inc., shall
274 identify projects, solicit proposals, and make recommendations
275 to the Governor for workforce training grants to support
276 programs at public libraries, state colleges, state technical
277 centers, or private postsecondary institutions licensed or
278 otherwise authorized to operate in this state which provide
279 participants with transferable, sustainable workforce skills
280 applicable to more than a single employer or which are listed in
281 s. 445.06, and for equipment associated with these programs. The
282 department shall work with CareerSource Florida, Inc., to ensure
283 that programs are offered to the public based on criteria
284 established by the state colleges, state technical centers, or
285 private postsecondary institutions licensed or otherwise
286 authorized to operate in this state, and do not exclude
287 applicants who are unemployed or underemployed. Programs that
288 support skills assessment and training for inmates in the state
289 correctional system who have 5 years or less until their release
290 and reentry may also be eligible for grants from this fund. The
291 department may contract with CareerSource Florida, Inc., or
292 administer this program directly.
293 (a) Grant funds may not be expended to provide training for
294 instruction related to retail businesses or to reimburse
295 businesses for trainee wages.
296 (b) Grant requests may be submitted to the department by a
297 public library, state correctional facility, state college,
298 state technical center, or private postsecondary institution.
299 The department shall establish an application process and
300 criteria for grant requests. Costs and expenditures for the
301 workforce training grants must be documented and separated from
302 those incurred by the public library, state correctional
303 facility, state college, state technical center, or private
304 postsecondary institution.
305 (c) Upon approval by the Governor and before the
306 disbursement of grant funds pursuant to this section, the
307 department shall prepare a grant agreement between the
308 educational institution receiving funding through the program
309 and the department. The agreement must include, but is not
310 limited to:
311 1. The estimated length of the instructional program.
312 2. All direct, program-related costs, including tuition and
313 fees, curriculum development, equipment, books and classroom
314 materials, and overhead or indirect costs, not to exceed 5
315 percent of the grant amount.
316 3. Special program requirements that are not addressed
317 otherwise in the agreement.
318 (4) For purposes of this section, the term:
319 (a) “Infrastructure project” means any fixed capital
320 expenditure or fixed capital costs associated with the
321 construction, reconstruction, maintenance, or improvement of
322 facilities that have a life expectancy of 5 or more years and
323 any land acquisition, land improvement, design, and engineering
324 costs related thereto. Facilities in this category include, but
325 are not limited to, roads, bridges, tunnels, water supply,
326 sewers, electrical grids, and telecommunications facilities.
327 (b) “Public infrastructure” means infrastructure that is
328 owned by the public and is for public use or predominately
329 benefits the public.
330 (c) “Targeted industry” means any industry identified in
331 the most recent list provided to the Governor, the President of
332 the Senate, and the Speaker of the House of Representatives in
333 accordance with s. 288.106(2)(q).
334 (5) To be eligible for funds from the Florida Job Growth
335 Grant Fund, a project must:
336 (a) Be in an industry, as referenced in s. 288.106.
337 (b) Have a positive economic benefit ratio of at least 2 to
338 1.
339 (c) Induce economic expansion in the project’s location or
340 in the state.
341 (d) Be supported by the local community in which the
342 project is to be located.
343 (e) Be certified by the Department of Transportation as
344 compatible with the adopted 5-year work program.
345 (f) Not be included as a specific appropriations line item
346 in the most recent General Appropriations Act.
347 (g) Not have been vetoed by the Governor for funding in the
348 most recent General Appropriations Act.
349 (6)(a) The department and Enterprise Florida, Inc., shall
350 jointly review submitted applications and determine the
351 eligibility of each project, consistent with the criteria in
352 subsection (5).
353 (b)1. Within 7 business days after evaluating a project,
354 the department shall recommend to the Governor approval or
355 disapproval of the project for funding from the Florida Job
356 Growth Grant Fund. When recommending a project, the department
357 must include proposed performance conditions that the project
358 must meet to obtain grant funds.
359 2. The Governor may approve grant requests for projects
360 without consulting the Legislature for projects requiring less
361 than $2 million in funding.
362 3. For projects requiring funding in the amount of $2
363 million to $5 million, the Governor shall provide a written
364 description and evaluation of a project recommended for approval
365 to the chair and vice chair of the Legislative Budget Commission
366 at least 10 days before giving final approval for the project.
367 The recommendation must include proposed performance conditions
368 that the project must meet to obtain grant funds.
369 4. If the chair or vice chair of the Legislative Budget
370 Commission, the President of the Senate, or the Speaker of the
371 House of Representatives timely advises the Executive Office of
372 the Governor in writing that such action or proposed action
373 exceeds the delegated authority of the Executive Office of the
374 Governor or is contrary to legislative policy or intent, the
375 Executive Office of the Governor must void the release of funds
376 and instruct the department to immediately change such action or
377 proposed action until the Legislative Budget Commission or the
378 Legislature addresses the issue. Notwithstanding such
379 requirement, any project exceeding $5 million must be approved
380 by the Legislative Budget Commission before the funds are
381 released.
382 (c) Upon the approval of the Governor, the department and
383 the grant recipient shall enter into a contract that sets forth
384 the conditions for payment of moneys from the fund. The contract
385 must include the total amount of funds awarded; the authorized
386 use of grant funds; the current baseline service the project
387 addresses and the measure of enhanced capacity or capability it
388 will achieve; the methodology for validating project
389 performance; the schedule of payments from the fund; and
390 sanctions for failure to meet performance objectives. The
391 contract must specify that payment of moneys from the fund is
392 contingent upon a sufficient appropriation by the Legislature.
393 (7) Funds appropriated by the Legislature to implement this
394 section shall be placed in reserve and may only be released
395 pursuant to the legislative consultation and review requirements
396 set forth in this section.
397 (8) The department shall establish an application process
398 for receiving grant requests.
399 (9) The department shall establish a methodology for making
400 grant award recommendations. This methodology must be ratified
401 by the Legislature before any grant funds are proposed pursuant
402 to paragraph (6)(b).
403 (10) All contracts executed by the department shall be made
404 publicly available on the department’s website. All contracts
405 with the department valued at $500,000 or more shall be made
406 publicly available for review on the department’s website 14
407 days before execution. A contract entered into between the
408 department and any other public or private entity must include:
409 (a) The purpose of the contract.
410 (b) Specific performance standards and responsibilities for
411 each entity.
412 (c) A detailed project or contract budget, if applicable.
413 (d) The value of any services provided.
414 (e) The value of the matching funds provided.
415 (11) Funds appropriated to the Florida Job Growth Grant
416 Fund may not be transferred to any account outside the State
417 Treasury before payments are made for a project in accordance
418 with this section.
419 (12) The department and Enterprise Florida, Inc., shall
420 post all proposals and applications for grants on their
421 websites. The information must include scoring criteria and
422 results, recommendations for funding, the amount of the award,
423 project start and completion dates, and the final contract and
424 agreement.
425 (13) This section expires on June 30, 2019, unless
426 reenacted by the Legislature.
427 Section 4. Subsection (4) is added to section 288.1201,
428 Florida Statutes, to read:
429 288.1201 State Economic Enhancement and Development Trust
430 Fund.—
431 (4)(a) Beginning July 1, 2017, the department shall retain
432 in the trust fund any state funds appropriated for any program
433 created under this chapter which is funded in the General
434 Appropriations Act until the performance requirements
435 established under contract or by law for any economic
436 development incentives are submitted to and verified by the
437 department.
438 (b) The department shall return to the State Treasury all
439 funds held by any entity pursuant to a contract executed for the
440 Quick Action Closing Fund which are unexpended as of June 30,
441 2017. Such unexpended funds shall be deposited into the State
442 Economic Enhancement and Development Trust Fund. The department
443 shall take all steps necessary to comply with this paragraph by
444 September 1, 2017. The department shall notify the Governor, the
445 President of the Senate, and the Speaker of the House of
446 Representatives of its compliance with this paragraph by October
447 1, 2017.
448 (c) This subsection expires July 1, 2018.
449 Section 5. Section 288.1226, Florida Statutes, is amended
450 to read:
451 288.1226 Florida Tourism Industry Marketing Corporation;
452 use of property; board of directors; duties; audit.—
453 (1) DEFINITIONS.—For the purposes of this section, the term
454 “corporation” means the Florida Tourism Industry Marketing
455 Corporation.
456 (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
457 Corporation is a direct-support organization of Enterprise
458 Florida, Inc.
459 (a) The Florida Tourism Industry Marketing Corporation is a
460 corporation not for profit, as defined in s. 501(c)(6) of the
461 Internal Revenue Code of 1986, as amended, that is incorporated
462 under the provisions of chapter 617 and approved by the
463 Department of State.
464 (b) The corporation is organized and operated exclusively
465 to request, receive, hold, invest, and administer property and
466 to manage and make expenditures for the operation of the
467 activities, services, functions, and programs of this state
468 which relate to the statewide, national, and international
469 promotion and marketing of tourism.
470 (c)1. The corporation is not an agency for the purposes of
471 chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
472 relating to leasing of buildings; ss. 283.33 and 283.35,
473 relating to bids for printing; s. 215.31; and parts I, II, and
474 IV-VIII of chapter 112. However, the corporation shall comply
475 with the per diem and travel expense provisions of s. 112.061.
476 2. It is not a violation of s. 112.3143(2) or (4) for the
477 officers or members of the board of directors of the corporation
478 to:
479 a. Vote on the 4-year marketing plan required under s.
480 288.923 or vote on any individual component of or amendment to
481 the plan.
482 b. Participate in the establishment or calculation of
483 payments related to the private match requirements of subsection
484 (6). The officer or member must file an annual disclosure
485 describing the nature of his or her interests or the interests
486 of his or her principals, including corporate parents and
487 subsidiaries of his or her principal, in the private match
488 requirements. This annual disclosure requirement satisfies the
489 disclosure requirement of s. 112.3143(4). This disclosure must
490 be placed on the corporation’s website or included in the
491 minutes of each meeting of the corporation’s board of directors
492 at which the private match requirements are discussed or voted
493 upon.
494 (d) The corporation is subject to the provisions of chapter
495 119, relating to public meetings, and those provisions of
496 chapter 286 relating to public meetings and records.
497 (3) USE OF PROPERTY.—Enterprise Florida, Inc.:
498 (a) Is authorized to permit the use of property and
499 facilities of Enterprise Florida, Inc., by the corporation,
500 subject to the provisions of this section.
501 (b) Shall prescribe conditions with which the corporation
502 must comply in order to use property and facilities of
503 Enterprise Florida, Inc. Such conditions shall provide for
504 budget and audit review and for oversight by Enterprise Florida,
505 Inc.
506 (c) May not permit the use of property and facilities of
507 Enterprise Florida, Inc., if the corporation does not provide
508 equal employment opportunities to all persons, regardless of
509 race, color, national origin, sex, age, or religion.
510 (4) BOARD OF DIRECTORS.—The board of directors of the
511 corporation shall be composed of 31 tourism-industry-related
512 members, appointed by Enterprise Florida, Inc., in conjunction
513 with the department. Board members shall serve without
514 compensation, but are entitled to receive reimbursement for per
515 diem and travel expenses pursuant to s. 112.061. Such expenses
516 must be paid out of funds of the corporation.
517 (a) The board shall consist of 16 members, appointed in
518 such a manner as to equitably represent all geographic areas of
519 the state, with no fewer than two members from any of the
520 following regions:
521 1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
522 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
523 Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
524 2. Region 2, composed of Alachua, Baker, Bradford, Clay,
525 Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
526 Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
527 Taylor, and Union Counties.
528 3. Region 3, composed of Brevard, Indian River, Lake,
529 Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
530 Volusia Counties.
531 4. Region 4, composed of Citrus, Hernando, Hillsborough,
532 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
533 5. Region 5, composed of Charlotte, Collier, DeSoto,
534 Glades, Hardee, Hendry, Highlands, and Lee Counties.
535 6. Region 6, composed of Broward, Martin, Miami-Dade,
536 Monroe, and Palm Beach Counties.
537 (b) The 15 additional tourism-industry-related members
538 shall include 1 representative from the statewide rental car
539 industry; 7 representatives from tourist-related statewide
540 associations, including those that represent hotels,
541 campgrounds, county destination marketing organizations,
542 museums, restaurants, retail, and attractions; 3 representatives
543 from county destination marketing organizations; 1
544 representative from the cruise industry; 1 representative from
545 an automobile and travel services membership organization that
546 has at least 2.8 million members in Florida; 1 representative
547 from the airline industry; and 1 representative from the space
548 tourism industry, who will each serve for a term of 2 years.
549 (5) POWERS AND DUTIES.—The corporation, in the performance
550 of its duties:
551 (a) May make and enter into contracts and assume such other
552 functions as are necessary to carry out the provisions of the 4
553 year marketing plan required by s. 288.923, and the
554 corporation’s contract with Enterprise Florida, Inc., which are
555 not inconsistent with this or any other provision of law. A
556 proposed contract with a total value of $750,000 or more is
557 subject to the notice and review procedures of s. 216.177. If
558 the chair and vice chair of the Legislative Budget Commission,
559 or the President of the Senate and the Speaker of the House of
560 Representatives, timely advise the corporation in writing that
561 such proposed contract is contrary to legislative policy and
562 intent, the corporation may not execute such proposed contract.
563 The corporation may not enter into multiple related contracts to
564 avoid the requirements of this paragraph.
565 (b) May develop a program to provide incentives and to
566 attract and recognize those entities which make significant
567 financial and promotional contributions towards the expanded
568 tourism promotion activities of the corporation.
569 (c) May establish a cooperative marketing program with
570 other public and private entities which allows the use of the
571 VISIT Florida logo in tourism promotion campaigns which meet the
572 standards of Enterprise Florida, Inc., for which the corporation
573 may charge a reasonable fee.
574 (d) May sue and be sued and appear and defend in all
575 actions and proceedings in its corporate name to the same extent
576 as a natural person.
577 (e) May adopt, use, and alter a common corporate seal.
578 However, such seal must always contain the words “corporation
579 not for profit.”
580 (f) Shall elect or appoint such officers and agents as its
581 affairs shall require and allow them reasonable compensation.
582 However, reasonable compensation for employment paid from funds
583 received from the state for any officer or agent, including the
584 president and chief executive officer of the corporation, may
585 not exceed the salary and benefits authorized to be paid to the
586 Governor. Any payments of performance bonuses or severance pay
587 paid from funds received from the state to an officer or agent
588 of the corporation are prohibited unless specifically authorized
589 by law.
590 (g) Shall hire and establish salaries and personnel and
591 employee benefit programs for such permanent and temporary
592 employees as are necessary to carry out the provisions of the 4
593 year marketing plan and the corporation’s contract with
594 Enterprise Florida, Inc., which are not inconsistent with this
595 or any other provision of law. However, an employee may not
596 receive compensation for employment paid from funds received
597 from the state which exceeds the salary and benefits authorized
598 to be paid to the Governor. Any payments of performance bonuses
599 or severance pay paid from funds received from the state to
600 employees of the corporation are prohibited unless specifically
601 authorized by law.
602 (h) Shall provide staff support to the Division of Tourism
603 Promotion of Enterprise Florida, Inc. The president and chief
604 executive officer of the Florida Tourism Industry Marketing
605 Corporation shall serve without compensation as the director of
606 the division.
607 (i) May adopt, change, amend, and repeal bylaws, not
608 inconsistent with law or its articles of incorporation, for the
609 administration of the provisions of the 4-year marketing plan
610 and the corporation’s contract with Enterprise Florida, Inc.
611 (i)(j) May conduct its affairs, carry on its operations,
612 and have offices and exercise the powers granted by this act in
613 any state, territory, district, or possession of the United
614 States or any foreign country. Where feasible, appropriate, and
615 recommended by the 4-year marketing plan developed by the
616 Division of Tourism Promotion of Enterprise Florida, Inc., the
617 corporation may collocate the programs of foreign tourism
618 offices in cooperation with any foreign office operated by any
619 agency of this state.
620 (j)(k) May appear on its own behalf before boards,
621 commissions, departments, or other agencies of municipal,
622 county, state, or federal government.
623 (k)(l) May request or accept any grant, payment, or gift,
624 of funds or property made by this state or by the United States
625 or any department or agency thereof or by any individual, firm,
626 corporation, municipality, county, or organization for any or
627 all of the purposes of the 4-year marketing plan and the
628 corporation’s contract with Enterprise Florida, Inc., that are
629 not inconsistent with this or any other provision of law. Such
630 funds shall be deposited in a bank account established by the
631 corporation’s board of directors. The corporation may expend
632 such funds in accordance with the terms and conditions of any
633 such grant, payment, or gift, in the pursuit of its
634 administration or in support of the programs it administers. The
635 corporation shall separately account for the public funds and
636 the private funds deposited into the corporation’s bank account.
637 (l)(m) Shall establish a plan for participation in the
638 corporation which will provide additional funding for the
639 administration and duties of the corporation.
640 (m)(n) In the performance of its duties, may undertake, or
641 contract for, marketing projects and advertising research
642 projects.
643 (n)(o) In addition to any indemnification available under
644 chapter 617, the corporation may indemnify, and purchase and
645 maintain insurance on behalf of, directors, officers, and
646 employees of the corporation against any personal liability or
647 accountability by reason of actions taken while acting within
648 the scope of their authority.
649 (o) May not create or establish any other entity,
650 corporation, or direct-support organization.
651 (p) May not expend funds, public or private, that directly
652 benefit only one company, corporation, or business entity.
653 (6) MATCHING REQUIREMENTS.—
654 (a) A one-to-one match is required of private to public
655 contributions to the corporation. Public contributions include
656 all state appropriations to the corporation and exclude taxes
657 derived pursuant to s. 125.0104.
658 (b) For purposes of calculating the required one-to-one
659 match, the private contributions the corporation receives must
660 be in one of four private match categories. The corporation
661 shall maintain documentation of such categorized contributions
662 on file and make such documentation available for inspection
663 upon reasonable notice during its regular business hours.
664 Contribution details shall be included in the quarterly reports
665 required under subsection (8). The private match categories are:
666 1. Direct cash contributions from private sources, which
667 include, but are not limited to, cash derived from strategic
668 alliances, contributions of stocks and bonds, and partnership
669 contributions.
670 2. Fees for services, which include, but are not limited
671 to, event participation, research, and brochure placement and
672 transparencies.
673 3. Cooperative advertising, which is limited to partner
674 expenditures for paid media placement, partner expenditures for
675 collateral material distribution, and the actual market value of
676 contributed productions, air time, and print space.
677 4. In-kind contributions, which are limited to the actual
678 market value of promotional contributions of partner-supplied
679 benefits to target audiences and the actual market value of
680 nonpartner-supplied air time or print space contributed for the
681 broadcasting or printing of such promotions, which would
682 otherwise require tourist promotion expenditures by the
683 corporation for advertising, air travel, rental car fees, hotel
684 rooms, RV or campsite space rental, onsite guest services, and
685 admission tickets. The net value of air time or print space, if
686 any, shall be deemed to be the actual market value of the air
687 time or print space, based on an average of actual unit prices
688 paid contemporaneously for comparable times or spaces, less the
689 value of increased ratings or other benefits realized by the
690 media outlet as a result of the promotion.
691
692 Contributions from a governmental entity or from an entity that
693 received more than 50 percent of its revenue in the previous
694 fiscal year from public sources, including revenue derived from
695 taxes, other than taxes collected pursuant to s. 125.0104, from
696 fees, or from other government revenues, are not considered
697 private contributions for purposes of calculating the required
698 one-to-one match.
699 (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
700 annual financial audit in accordance with s. 215.981. The annual
701 audit report shall be submitted to the Auditor General; the
702 Office of Program Policy Analysis and Government Accountability;
703 Enterprise Florida, Inc.; and the department for review. The
704 Office of Program Policy Analysis and Government Accountability;
705 Enterprise Florida, Inc.; the department; and the Auditor
706 General have the authority to require and receive from the
707 corporation or from its independent auditor any detail or
708 supplemental data relative to the operation of the corporation.
709 The department shall annually certify whether the corporation is
710 operating in a manner and achieving the objectives that are
711 consistent with the policies and goals of Enterprise Florida,
712 Inc., and its long-range marketing plan. The identity of a donor
713 or prospective donor to the corporation who desires to remain
714 anonymous and all information identifying such donor or
715 prospective donor are confidential and exempt from the
716 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
717 Constitution. Such anonymity shall be maintained in the
718 auditor’s report.
719 (8)(7) REPORT.—The corporation shall provide a quarterly
720 report to Enterprise Florida, Inc., which shall:
721 (a) Measure the current vitality of the visitor industry of
722 this state as compared to the vitality of such industry for the
723 year to date and for comparable quarters of past years.
724 Indicators of vitality shall be determined by Enterprise
725 Florida, Inc., and shall include, but not be limited to,
726 estimated visitor count and party size, length of stay, average
727 expenditure per party, and visitor origin and destination.
728 (b) Provide detailed, unaudited financial statements of
729 sources and uses of public and private funds.
730 (c) Measure progress towards annual goals and objectives
731 set forth in the 4-year marketing plan.
732 (d) Review all pertinent research findings.
733 (e) Provide other measures of accountability as requested
734 by Enterprise Florida, Inc.
735
736 The corporation must take all steps necessary to provide all
737 data that is used to develop the report, including source data,
738 to the Office of Economic and Demographic Research.
739 (9)(8) PUBLIC RECORDS EXEMPTION.—The identity of any person
740 who responds to a marketing project or advertising research
741 project conducted by the corporation in the performance of its
742 duties on behalf of Enterprise Florida, Inc., or trade secrets
743 as defined by s. 812.081 obtained pursuant to such activities,
744 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
745 Constitution. This subsection is subject to the Open Government
746 Sunset Review Act in accordance with s. 119.15 and shall stand
747 repealed on October 2, 2021, unless reviewed and saved from
748 repeal through reenactment by the Legislature.
749 (10) PROHIBITIONS; CORPORATE FUNDS; GIFTS.—Funds of the
750 corporation may not be expended for food, beverages, lodging,
751 entertainment, or gifts for employees of the corporation, board
752 members of the corporation, or employees of a tourist or
753 economic development entity that receives revenue from a tax
754 imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305,
755 unless authorized pursuant to s. 112.061 or this section. An
756 employee or board member of the corporation may not accept or
757 receive food, beverages, lodging, entertainment, or gifts from
758 an economic development entity that receives revenue only from a
759 tax imposed pursuant to s. 125.0108 or s. 212.0305, or from any
760 person, vendor, or other entity doing business with the
761 corporation unless such food, beverage, lodging, entertainment,
762 or gift is available to similarly situated members of the
763 general public.
764 (11) LODGING EXPENSES.—Lodging expenses for an employee of
765 the corporation may not exceed $150 per day, excluding taxes,
766 unless the corporation is participating in a negotiated group
767 rate discount or the corporation provides documentation of at
768 least three comparable alternatives demonstrating that such
769 lodging at the required rate is not available. However, an
770 employee of the corporation may expend his or her own funds for
771 any lodging expenses in excess of $150 per day.
772 (12) PROPOSED OPERATING BUDGET SUBMISSION.—By August 15 of
773 each fiscal year, the department shall submit a proposed
774 operating budget for the corporation, including amounts to be
775 expended on advertising, marketing, promotions, events, other
776 operating capital outlay, and salaries and benefits for each
777 employee, to the Governor, the President of the Senate, and the
778 Speaker of the House of Representatives.
779 (13) TRANSPARENCY.—
780 (a) All contracts executed by the corporation shall be
781 placed for viewing on the corporation’s website. All contracts
782 with the corporation valued at $500,000 or more shall be placed
783 on the corporation’s website for review 14 days before
784 execution. A contract entered into between the corporation and
785 any other public or private entity shall include:
786 1. The purpose of the contract.
787 2. Specific performance standards and responsibilities for
788 each entity.
789 3. A detailed project or contract budget, if applicable.
790 4. The value of any services provided.
791 5. The projected travel and entertainment expenses for
792 employees and board members, if applicable.
793 (b)1. Any entity that in the previous fiscal year received
794 more than 50 percent of its revenue from the corporation or from
795 taxes imposed pursuant to s. 125.0108 or s. 212.0305, and that
796 partners with the corporation or participates in a program,
797 cooperative advertisement, promotional opportunity, or other
798 activity offered by or in conjunction with the corporation,
799 shall annually report by July 1 all public and private financial
800 data posted on its website to the Governor, the President of the
801 Senate, and the Speaker of the House of Representatives.
802 2. The financial data shall include:
803 a. The total amount of revenue received from public and
804 private sources.
805 b. The operating budget of the partner entity.
806 c. Employee and board member salary and benefit details
807 from public and private funds.
808 d. An itemized accounting of all expenditures by the
809 partner entity on behalf of, or coordinated for the benefit of,
810 the corporation, its board members, or employees.
811 e. Itemized travel and entertainment expenditures of the
812 partner entity.
813 (c) The following information must be posted on the
814 corporation’s website:
815 1. A plain language version of any contract estimated to
816 exceed $35,000 with a private entity, municipality, county,
817 town, or vendor of services, supplies, or programs, including
818 marketing, or for the purchase or lease or use of lands,
819 facilities, or properties.
820 2. Any agreement entered into between the corporation and
821 any other entity, including a local government, private entity,
822 or nonprofit entity, which receives public funds or funds from a
823 tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
824 212.0305.
825 3. The contracts and the required information pursuant to
826 paragraph (a) and the financial data submitted to the
827 corporation pursuant to paragraph (b).
828 4. Video recordings of each board meeting.
829 5. A detailed report of expenditures following each
830 marketing event paid for with the corporation’s funds. Such
831 report must be posted within 10 business days after the event.
832 6. An annual itemized accounting of the total amount of
833 funds spent by any third party on behalf of the corporation or
834 any board member or employee of the corporation.
835 7. An annual itemized accounting of the total amount of
836 travel and entertainment expenditures by the corporation.
837 (d) The corporation’s website must:
838 1. Allow users to navigate to related sites to view
839 supporting details.
840 2. Enable a taxpayer to e-mail questions to the corporation
841 and make such questions and the corporation’s responses publicly
842 viewable.
843 (14)(9) REPEAL.—This section is repealed October 1, 2019,
844 unless reviewed and saved from repeal by the Legislature.
845 Section 6. Section 288.12266, Florida Statutes, is created
846 to read:
847 288.12266 Targeted Marketing Assistance Program.—
848 (1) The Targeted Marketing Assistance Program is created to
849 enhance the tourism business marketing of small, minority,
850 rural, and agritourism businesses in the state. The department,
851 in conjunction with the Florida Tourism Industry Marketing
852 Corporation, shall administer the program. The program shall
853 provide marketing plans, marketing assistance, promotional
854 support, media development, technical expertise, marketing
855 advice, technology training, social marketing support, and other
856 assistance to an eligible entity.
857 (2) As used in this section, the term “eligible entity”
858 means an independently owned and operated business with gross
859 revenue not exceeding $1.25 million or a nonprofit corporation
860 that meets the requirements of s. 501(c)(3) of the Internal
861 Revenue Code.
862 (3) The department and the Florida Tourism Industry
863 Marketing Corporation shall provide an annual report to the
864 Governor, the President of the Senate, and the Speaker of the
865 House of Representatives documenting that at least 50 percent of
866 the eligible entities receiving assistance through this program
867 are independently owned and operated businesses with gross
868 revenues not exceeding $500,000.
869 Section 7. Section 288.124, Florida Statutes, is amended to
870 read:
871 288.124 Convention grants program.—The Florida Tourism
872 Industry Marketing Corporation Enterprise Florida, Inc., is
873 authorized to establish a convention grants program and,
874 pursuant to that program, to recommend to the department
875 expenditures and contracts with local governments and nonprofit
876 corporations or organizations for the purpose of attracting
877 national conferences and conventions to Florida. Preference
878 shall be given to local governments and nonprofit corporations
879 or organizations seeking to attract minority conventions to
880 Florida. Minority conventions are events that primarily involve
881 minority persons, as defined in s. 288.703, who are residents or
882 nonresidents of the state. The Florida Tourism Industry
883 Marketing Corporation Enterprise Florida, Inc., shall establish
884 guidelines governing the award of grants and the administration
885 of this program. The department has final approval authority for
886 any grants under this section. The total annual allocation of
887 funds for this program shall not exceed $40,000.
888 Section 8. Subsection (5) of section 288.901, Florida
889 Statutes, is amended to read:
890 288.901 Enterprise Florida, Inc.—
891 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
892 (a) In addition to the Governor or his or her designee, the
893 board of directors shall consist of the following appointed
894 members:
895 1. The Commissioner of Education or his or her designee.
896 2. The Chief Financial Officer or his or her designee.
897 3. The Attorney General or his or her designee.
898 4. The Commissioner of Agriculture or his or her designee.
899 5. The chairperson of the board of directors of
900 CareerSource Florida, Inc.
901 6. The Secretary of State or his or her designee.
902 7. Twelve members from the private sector, six of whom
903 shall be appointed by the Governor, three of whom shall be
904 appointed by the President of the Senate, and three of whom
905 shall be appointed by the Speaker of the House of
906 Representatives. Members appointed by the Governor are subject
907 to Senate confirmation.
908 (b) In making their appointments, the Governor, the
909 President of the Senate, and the Speaker of the House of
910 Representatives shall ensure that the composition of the board
911 of directors reflects the diversity of Florida’s business
912 community and is representative of the economic development
913 goals in subsection (2). The board must include at least one
914 director for each of the following areas of expertise:
915 international business, tourism marketing, the space or
916 aerospace industry, managing or financing a minority-owned
917 business, manufacturing, finance and accounting, and sports
918 marketing.
919 (c) The Governor, the President of the Senate, and the
920 Speaker of the House of Representatives also shall consider
921 appointees who reflect Florida’s racial, ethnic, and gender
922 diversity. Efforts shall be taken to ensure participation from
923 all geographic areas of the state, including representation from
924 urban and rural communities.
925 (d) Appointed members shall be appointed to 4-year terms,
926 except that initially, to provide for staggered terms, the
927 Governor, the President of the Senate, and the Speaker of the
928 House of Representatives shall each appoint one member to serve
929 a 2-year term and one member to serve a 3-year term, with the
930 remaining initial appointees serving 4-year terms. All
931 subsequent appointments shall be for 4-year terms.
932 (e) Initial appointments must be made by October 1, 2011,
933 and be eligible for confirmation at the earliest available
934 Senate session. Terms end on September 30.
935 (f) Any member is eligible for reappointment, except that a
936 member may not serve more than two terms.
937 (g) A vacancy on the board of directors shall be filled for
938 the remainder of the unexpired term. Vacancies on the board
939 shall be filled by appointment by the Governor, the President of
940 the Senate, or the Speaker of the House of Representatives,
941 respectively, depending on who appointed the member whose
942 vacancy is to be filled or whose term has expired.
943 (h) Appointed members may be removed by the Governor, the
944 President of the Senate, or the Speaker of the House of
945 Representatives, respectively, for cause. Absence from three
946 consecutive meetings results in automatic removal.
947
948 All board members shall serve without compensation, but are
949 entitled to receive reimbursement for per diem and travel
950 expenses pursuant to s. 112.061. Such expenses must be paid out
951 of funds of Enterprise Florida, Inc.
952 Section 9. Subsections (7), (8), and (9) are added to
953 section 288.903, Florida Statutes, to read:
954 288.903 Duties of Enterprise Florida, Inc.—Enterprise
955 Florida, Inc., shall have the following duties:
956 (7) Submit all proposed contracts with a total value of
957 $750,000 or more in accordance with the notice and review
958 procedures of s. 216.177. If the chair and vice chair of the
959 Legislative Budget Commission, or the President of the Senate
960 and the Speaker of the House of Representatives, timely advise
961 Enterprise Florida, Inc., in writing that such proposed contract
962 is contrary to legislative policy and intent, Enterprise
963 Florida, Inc., may not execute such proposed contract.
964 Enterprise Florida, Inc., may not enter into multiple related
965 contracts to avoid the requirements of this subsection. This
966 subsection does not apply to contracts for the award of a
967 statutorily authorized incentive program.
968 (8) May not create or establish any other entity,
969 corporation, or direct-support organization, unless authorized
970 by law.
971 (9) Enterprise Florida, Inc., shall comply with the per
972 diem and travel expense provisions of s. 112.061.
973 Section 10. Section 288.904, Florida Statutes, is amended
974 to read:
975 288.904 Funding for Enterprise Florida, Inc.; performance
976 and return on the public’s investment.—
977 (1)(a) The Legislature may annually appropriate to
978 Enterprise Florida, Inc., a sum of money for its operations, and
979 separate line-item appropriations for each of the divisions
980 listed in s. 288.92.
981 (b) The state’s operating investment in Enterprise Florida,
982 Inc., and its divisions is the budget contracted by the
983 department to Enterprise Florida, Inc., less any funding that is
984 directed by the Legislature to be subcontracted to a specific
985 recipient entity.
986 (c) The board of directors of Enterprise Florida, Inc.,
987 shall adopt for each upcoming fiscal year an operating budget
988 for the organization, including its divisions, which specifies
989 the intended uses of the state’s operating investment and a plan
990 for securing private sector support.
991 (2)(a) The Legislature finds that it is a priority to
992 maximize private sector support in operating Enterprise Florida,
993 Inc., and its divisions, as an endorsement of its value and as
994 an enhancement of its efforts. Thus, the state appropriations
995 must be matched with private sector support equal to at least
996 100 percent of the state operational funding.
997 (b) Private sector support in operating Enterprise Florida,
998 Inc., and its divisions includes:
999 1. Cash given directly to Enterprise Florida, Inc., for its
1000 operations, including contributions from at-large members of the
1001 board of directors;
1002 2. Cash donations from organizations assisted by the
1003 divisions;
1004 3. Cash jointly raised by Enterprise Florida, Inc., and a
1005 private local economic development organization, a group of such
1006 organizations, or a statewide private business organization that
1007 supports collaborative projects;
1008 4. Cash generated by fees charged for products or services
1009 of Enterprise Florida, Inc., and its divisions by sponsorship of
1010 events, missions, programs, and publications; and
1011 5. Copayments, stock, warrants, royalties, or other private
1012 resources dedicated to Enterprise Florida, Inc., or its
1013 divisions.
1014 (3)(a) Specifically for the marketing and advertising
1015 activities of the Division of Tourism Marketing or as contracted
1016 through the Florida Tourism Industry Corporation, a one-to-one
1017 match is required of private to public contributions within 4
1018 calendar years after the implementation date of the marketing
1019 plan pursuant to s. 288.923.
1020 (b) For purposes of calculating the required one-to-one
1021 match, matching private funds shall be divided into four
1022 categories. Documentation for the components of the four private
1023 match categories shall be kept on file for inspection as
1024 determined necessary. The four private match categories are:
1025 1. Direct cash contributions, which include, but are not
1026 limited to, cash derived from strategic alliances, contributions
1027 of stocks and bonds, and partnership contributions.
1028 2. Fees for services, which include, but are not limited
1029 to, event participation, research, and brochure placement and
1030 transparencies.
1031 3. Cooperative advertising, which is the value based on
1032 cost of contributed productions, air time, and print space.
1033 4. In-kind contributions, which include, but are not
1034 limited to, the value of strategic alliance services
1035 contributed, the value of loaned employees, discounted service
1036 fees, items contributed for use in promotions, and radio or
1037 television air time or print space for promotions. The value of
1038 air time or print space shall be calculated by taking the actual
1039 time or space and multiplying by the nonnegotiated unit price
1040 for that specific time or space which is known as the media
1041 equivalency value. In order to avoid duplication in determining
1042 media equivalency value, only the value of the promotion itself
1043 shall be included; the value of the items contributed for the
1044 promotion may not be included.
1045 (4) Enterprise Florida, Inc., shall fully comply with the
1046 performance measures, standards, and sanctions in its contract
1047 with the department, under s. 20.60. The department shall
1048 ensure, to the maximum extent possible, that the contract
1049 performance measures are consistent with performance measures
1050 that it is required to develop and track under performance-based
1051 program budgeting. The contract shall also include performance
1052 measures for the divisions.
1053 (4)(5) The Legislature intends to review the performance of
1054 Enterprise Florida, Inc., in achieving the performance goals
1055 stated in its annual contract with the department to determine
1056 whether the public is receiving a positive return on its
1057 investment in Enterprise Florida, Inc., and its divisions. It
1058 also is the intent of the Legislature that Enterprise Florida,
1059 Inc., coordinate its operations with local economic development
1060 organizations to maximize the state and local return on
1061 investment to create jobs for Floridians.
1062 (5) By August 15 of each fiscal year, the department shall
1063 submit a proposed operating budget for Enterprise Florida, Inc.,
1064 including amounts to be expended on incentives, business
1065 recruitment, advertising, events, other operating capital
1066 outlay, and salaries and benefits for each employee to the
1067 Governor, the President of the Senate, and the Speaker of the
1068 House of Representatives.
1069 (6)(a) All contracts executed by Enterprise Florida, Inc.,
1070 shall be placed for viewing on the corporation’s website.
1071 (b) A contract entered into between Enterprise Florida,
1072 Inc., and any other public or private entity must include:
1073 1. The purpose of the contract.
1074 2. Specific performance standards and responsibilities for
1075 each entity.
1076 3. A detailed project or contract budget, if applicable.
1077 4. The value of any services provided.
1078 5. The projected travel and entertainment expenses for
1079 employees and board members, if applicable.
1080 (c)1. Any entity that in the previous fiscal year received
1081 more than 50 percent of its revenue from Enterprise Florida,
1082 Inc., or from a tax imposed pursuant to s. 125.0104, s.
1083 125.0108, or s. 212.0305, and that partners with Enterprise
1084 Florida, Inc., in a program or other activity offered by or in
1085 conjunction with Enterprise Florida, Inc., shall annually report
1086 by July 1 all public and private financial data posted on its
1087 website to the Governor, the President of the Senate, and the
1088 Speaker of the House of Representatives.
1089 2. The financial data shall include:
1090 a. The total amount of revenue received from public and
1091 private sources.
1092 b. The operating budget of the partner entity.
1093 c. Employee and board member salary and benefit details
1094 from public and private funds.
1095 d. An itemized accounting of all expenditures by the
1096 partner entity on behalf of, or coordinated for the benefit of,
1097 Enterprise Florida, Inc., its board members, or employees.
1098 e. Itemized travel and entertainment expenditures of the
1099 partner entity.
1100 (d) The following information must be posted on the website
1101 of Enterprise Florida, Inc.:
1102 1. A plain language version of any contract that is
1103 estimated to exceed $35,000 with a private entity, municipality,
1104 county, town, or vendor of services, supplies, or programs,
1105 including marketing, or for the purchase or lease or use of
1106 lands, facilities, or properties.
1107 2. Any agreement entered into between Enterprise Florida,
1108 Inc., and any other entity, including a local government,
1109 private entity, or nonprofit entity, which receives public funds
1110 or funds from a tax imposed pursuant to s. 125.0104, s.
1111 125.0108, or s. 212.0305.
1112 3. The contracts and the required information pursuant to
1113 paragraph (b) and the financial data submitted to Enterprise
1114 Florida, Inc., pursuant to paragraph (c).
1115 4. Video recordings of each board meeting.
1116 5. A detailed report of expenditures following each
1117 marketing or business recruitment event paid for with Enterprise
1118 Florida, Inc., funds. Such report must be posted within 10
1119 business days after the event.
1120 6. An annual itemized accounting of the total amount of
1121 funds spent by any third party on behalf of Enterprise Florida,
1122 Inc., or any board member or employee of Enterprise Florida,
1123 Inc.
1124 7. An annual itemized accounting of the total amount of
1125 travel and entertainment expenditures by Enterprise Florida,
1126 Inc.
1127 (e) The Enterprise Florida, Inc., website must:
1128 1. Allow users to navigate to related sites to view
1129 supporting details.
1130 2. Enable a taxpayer to e-mail questions to Enterprise
1131 Florida, Inc., and make such questions and Enterprise Florida,
1132 Inc., responses publicly viewable.
1133 Section 11. Section 288.905, Florida Statutes, is amended
1134 to read:
1135 288.905 President and employees of Enterprise Florida,
1136 Inc.—
1137 (1) The board of directors of Enterprise Florida, Inc.,
1138 shall appoint a president, who shall serve at the pleasure of
1139 the Governor. The president shall also be known as the
1140 “secretary of commerce” and shall serve as the Governor’s chief
1141 negotiator for business recruitment and business expansion.
1142 (2) The president is the chief administrative and
1143 operational officer of the board of directors and of Enterprise
1144 Florida, Inc., and shall direct and supervise the administrative
1145 affairs of the board of directors and any divisions, councils,
1146 or boards. The board of directors may delegate to the president
1147 those powers and responsibilities it deems appropriate,
1148 including hiring and management of all staff, except for the
1149 appointment of a president.
1150 (3) The board of directors shall establish and adjust the
1151 president’s compensation.
1152 (4) An No employee of Enterprise Florida, Inc., including
1153 an officer or agent, the president, or the chief executive
1154 officer, may not receive compensation for employment paid from
1155 funds received from the state which that exceeds the salary and
1156 benefits authorized to be paid to the Governor, unless the board
1157 of directors and the employee have executed a contract that
1158 prescribes specific, measurable performance outcomes for the
1159 employee, the satisfaction of which provides the basis for the
1160 award of incentive payments that increase the employee’s total
1161 compensation to a level above the salary paid to the Governor.
1162 Any payments of performance bonuses or severance pay paid from
1163 funds received from the state to employees are prohibited unless
1164 specifically authorized by law.
1165 (5) Lodging expenses for an employee of Enterprise Florida,
1166 Inc., may not exceed $150 per day, excluding taxes, unless
1167 Enterprise Florida, Inc., is participating in a negotiated group
1168 rate discount or Enterprise Florida, Inc., provides
1169 documentation of at least three comparable alternatives
1170 demonstrating that such lodging at the required rate is not
1171 available. However, an employee of Enterprise Florida, Inc., may
1172 expend his or her own funds for any lodging expenses in excess
1173 of $150 per day.
1174 (6) Funds of Enterprise Florida, Inc., may not be expended
1175 for food, beverages, lodging, entertainment, or gifts for
1176 employees of Enterprise Florida, Inc., board members of
1177 Enterprise Florida, Inc., or employees of a tourist or economic
1178 development entity that receives revenue from a tax imposed
1179 pursuant to s. 125.0104, s. 125.0108, or s. 212.0305, unless
1180 authorized pursuant to s. 112.061 or this section. An employee
1181 or board member of Enterprise Florida, Inc., may not accept or
1182 receive food, beverages, lodging, entertainment, or gifts from a
1183 tourist or economic development entity that receives revenue
1184 from a tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
1185 212.0305, or from any person, vendor, or other entity doing
1186 business with the corporation unless such food, beverage,
1187 lodging, entertainment, or gift is available to similarly
1188 situated members of the general public.
1189 Section 12. For the 2017-2018 fiscal year, the recurring
1190 sum of $26 million and the nonrecurring sum of $26 million from
1191 the State Economic Enhancement and Development Trust Fund and
1192 the recurring sum of $24 million from the Tourism Promotional
1193 Trust Fund are appropriated to the Department of Economic
1194 Opportunity to contract with the Florida Tourism Industry
1195 Marketing Corporation.
1196 Section 13. For the 2017-2018 fiscal year, the recurring
1197 sum of $9.4 million from the State Economic Enhancement and
1198 Development Trust Fund and the recurring sum of $6.6 million
1199 from the Florida International Trade and Promotion Trust Fund
1200 are appropriated to the Department of Economic Opportunity to
1201 contract with Enterprise Florida, Inc., for operational purposes
1202 and to maintain its offices but excluding expenditures on any
1203 incentive tools or programs unless explicitly authorized by this
1204 act. From the funds appropriated from the Florida International
1205 Trade and Promotion Trust Fund, Enterprise Florida, Inc., shall
1206 allocate $3.55 million for international programs, $2.05 million
1207 to maintain Florida’s international offices, and $1 million to
1208 continue the Florida Export Diversification and Expansion
1209 Programs.
1210 Section 14. For the 2017-2018 fiscal year, the nonrecurring
1211 sum of $60 million from the State Economic Enhancement and
1212 Development Trust Fund is appropriated to the Department of
1213 Economic Opportunity to administer contracts approved by the
1214 Governor for the Florida Job Growth Grant Fund pursuant to s.
1215 288.101, Florida Statutes, created by this act. For the 2017
1216 2018 fiscal year, the nonrecurring sum of $25 million from the
1217 State Transportation Trust Fund is appropriated to the
1218 Department of Transportation to contract with the Department of
1219 Economic Opportunity to provide for transportation
1220 infrastructure for contracts approved by the Governor for the
1221 Florida Job Growth Grant Fund pursuant to s. 288.101, Florida
1222 Statutes, created by this act. Additionally, the Executive
1223 Office of the Governor is authorized to process one or more
1224 budget amendments pursuant to s. 216.181 (12), Florida Statutes,
1225 in a total amount not to exceed $40 million to provide for the
1226 nonoperating transfer of funds from the State Transportation
1227 Trust Fund to the State Economic Enhancement and Development
1228 Trust Fund to support expenditures for the Florida Job Growth
1229 Grant Fund pursuant to s. 288.101, Florida Statutes, created by
1230 this act. State funds other than those appropriated in this
1231 section may not be expended on the Florida Job Growth Grant
1232 Fund. Additionally, notwithstanding s. 216.292, Florida
1233 Statutes, the funds appropriated herein are nontransferable.
1234 Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
1235 216.351, Florida Statutes, the balance of any appropriation for
1236 the Florida Job Growth Grant Fund which is not disbursed by June
1237 30 of the fiscal year in which the funds are appropriated may be
1238 carried forward for up to 5 years after the effective date of
1239 the original appropriation.
1240 Section 15. (1) The Displaced Homemaker Trust Fund, FLAIR
1241 number 40-2-160, within the Department of Economic Opportunity
1242 is terminated.
1243 (2) All current balances remaining in, and all revenues of,
1244 the trust fund shall be transferred to the General Revenue Fund.
1245 (3) The Department of Economic Opportunity shall pay any
1246 outstanding debts and obligations of the terminated fund as soon
1247 as practicable, and the Chief Financial Officer shall close out
1248 and remove the terminated fund from various state accounting
1249 systems using generally accepted accounting principles
1250 concerning warrants outstanding, assets, and liabilities.
1251 Section 16. Section 446.50, Florida Statutes, is repealed.
1252 Section 17. Section 446.51, Florida Statutes, is repealed.
1253 Section 18. Section 446.52, Florida Statutes, is repealed.
1254 Section 19. Section 1010.84, Florida Statutes, is repealed.
1255 Section 20. Paragraph (b) of subsection (10) of section
1256 20.60, Florida Statutes, is amended to read:
1257 20.60 Department of Economic Opportunity; creation; powers
1258 and duties.—
1259 (10) The department, with assistance from Enterprise
1260 Florida, Inc., shall, by November 1 of each year, submit an
1261 annual report to the Governor, the President of the Senate, and
1262 the Speaker of the House of Representatives on the condition of
1263 the business climate and economic development in the state.
1264 (b) The report must incorporate annual reports of other
1265 programs, including:
1266 1. The displaced homemaker program established under s.
1267 446.50.
1268 1.2. Information provided by the Department of Revenue
1269 under s. 290.014.
1270 2.3. Information provided by enterprise zone development
1271 agencies under s. 290.0056 and an analysis of the activities and
1272 accomplishments of each enterprise zone.
1273 3.4. The Economic Gardening Business Loan Pilot Program
1274 established under s. 288.1081 and the Economic Gardening
1275 Technical Assistance Pilot Program established under s.
1276 288.1082.
1277 4.5. A detailed report of the performance of the Black
1278 Business Loan Program and a cumulative summary of quarterly
1279 report data required under s. 288.714.
1280 5.6. The Rural Economic Development Initiative established
1281 under s. 288.0656.
1282 6.7. The Florida Unique Abilities Partner Program.
1283 Section 21. Subsection (1) of section 28.101, Florida
1284 Statutes, is amended to read:
1285 28.101 Petitions and records of dissolution of marriage;
1286 additional charges.—
1287 (1) When a party petitions for a dissolution of marriage,
1288 in addition to the filing charges in s. 28.241, the clerk shall
1289 collect and receive:
1290 (a) A charge of $5. On a monthly basis, the clerk shall
1291 transfer the moneys collected pursuant to this paragraph to the
1292 Department of Revenue for deposit in the Child Welfare Training
1293 Trust Fund created in s. 402.40.
1294 (b) A charge of $5. On a monthly basis, the clerk shall
1295 transfer the moneys collected pursuant to this paragraph to the
1296 Department of Revenue for deposit in the Displaced Homemaker
1297 Trust Fund created in s. 446.50. If a petitioner does not have
1298 sufficient funds with which to pay this fee and signs an
1299 affidavit so stating, all or a portion of the fee shall be
1300 waived subject to a subsequent order of the court relative to
1301 the payment of the fee.
1302 (b)(c) A charge of $55. On a monthly basis, the clerk shall
1303 transfer the moneys collected pursuant to this paragraph to the
1304 Department of Revenue for deposit in the Domestic Violence Trust
1305 Fund. Such funds which are generated shall be directed to the
1306 Department of Children and Families for the specific purpose of
1307 funding domestic violence centers.
1308 (c)(d) A charge of $37.50 $32.50. On a monthly basis, the
1309 clerk shall transfer the moneys collected pursuant to this
1310 paragraph as follows:
1311 1. An amount of $7.50 to the Department of Revenue for
1312 deposit in the Displaced Homemaker Trust Fund.
1313 2. An amount of $25 to the Department of Revenue for
1314 deposit in the General Revenue Fund.
1315 Section 22. Paragraph (b) of subsection (2) of section
1316 187.201, Florida Statutes, is amended to read:
1317 187.201 State Comprehensive Plan adopted.—The Legislature
1318 hereby adopts as the State Comprehensive Plan the following
1319 specific goals and policies:
1320 (2) FAMILIES.—
1321 (b) Policies.—
1322 1. Eliminate state policies which cause voluntary family
1323 separations.
1324 2. Promote concepts to stabilize the family unit to
1325 strengthen bonds between parents and children.
1326 3. Promote home care services for the sick and disabled.
1327 4. Provide financial support for alternative child care
1328 services.
1329 5. Increase direct parental involvement in K-12 education
1330 programs.
1331 6. Promote family dispute resolution centers.
1332 7. Support displaced homemaker programs.
1333 7.8. Provide increased assurance that child support
1334 payments will be made.
1335 8.9. Actively develop job opportunities, community work
1336 experience programs, and job training programs for persons
1337 receiving governmental financial assistance.
1338 9.10. Direct local law enforcement authorities and district
1339 mental health councils to increase efforts to prevent family
1340 violence and to adequately punish the guilty party.
1341 10.11. Provide financial, mental health, and other support
1342 for victims of family violence.
1343 Section 23. Paragraph (b) of subsection (2) of section
1344 288.92, Florida Statutes, is amended to read:
1345 288.92 Divisions of Enterprise Florida, Inc.—
1346 (2)
1347 (b)1. The following officers and board members are subject
1348 to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
1349 112.3143(2):
1350 a. Officers and members of the board of directors of the
1351 divisions of Enterprise Florida, Inc.
1352 b. Officers and members of the board of directors of
1353 subsidiaries of Enterprise Florida, Inc.
1354 c. Officers and members of the board of directors of
1355 corporations created to carry out the missions of Enterprise
1356 Florida, Inc.
1357 d. Officers and members of the board of directors of
1358 corporations with which a division is required by law to
1359 contract to carry out its missions.
1360 2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
1361 and (15); 112.3135; and 112.3143(2) to activities of the
1362 officers and members of the board of directors specified in
1363 subparagraph 1., those persons shall be considered public
1364 officers or employees and the corporation shall be considered
1365 their agency.
1366 3. It is not a violation of s. 112.3143(2) or (4) for the
1367 officers or members of the board of directors of the Florida
1368 Tourism Industry Marketing Corporation to:
1369 a. Vote on the 4-year marketing plan required under s.
1370 288.923 or vote on any individual component of or amendment to
1371 the plan.
1372 b. Participate in the establishment or calculation of
1373 payments related to the private match requirements of s.
1374 288.904(3). The officer or member must file an annual disclosure
1375 describing the nature of his or her interests or the interests
1376 of his or her principals, including corporate parents and
1377 subsidiaries of his or her principal, in the private match
1378 requirements. This annual disclosure requirement satisfies the
1379 disclosure requirement of s. 112.3143(4). This disclosure must
1380 be placed either on the Florida Tourism Industry Marketing
1381 Corporation’s website or included in the minutes of each meeting
1382 of the Florida Tourism Industry Marketing Corporation’s board of
1383 directors at which the private match requirements are discussed
1384 or voted upon.
1385 Section 24. Paragraph (d) of subsection (4) of section
1386 288.923, Florida Statutes, is amended to read:
1387 288.923 Division of Tourism Marketing; definitions;
1388 responsibilities.—
1389 (4) The division’s responsibilities and duties include, but
1390 are not limited to:
1391 (d) Drafting and submitting an annual report required by s.
1392 288.92. The annual report shall set forth for the division and
1393 the direct-support organization:
1394 1. Operations and accomplishments during the fiscal year,
1395 including the economic benefit of the state’s investment and
1396 effectiveness of the marketing plan.
1397 2. The 4-year marketing plan, including recommendations on
1398 methods for implementing and funding the plan.
1399 3. The assets and liabilities of the direct-support
1400 organization at the end of its most recent fiscal year.
1401 4. A copy of the annual financial and compliance audit
1402 conducted under s. 288.1226(7) 288.1226(6).
1403 Section 25. Paragraph (a) of subsection (3) of section
1404 445.003, Florida Statutes, is amended to read:
1405 445.003 Implementation of the federal Workforce Innovation
1406 and Opportunity Act.—
1407 (3) FUNDING.—
1408 (a) Title I, Workforce Innovation and Opportunity Act
1409 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
1410 expended based on the 4-year plan of CareerSource Florida, Inc.
1411 The plan must outline and direct the method used to administer
1412 and coordinate various funds and programs that are operated by
1413 various agencies. The following provisions apply to these funds:
1414 1. At least 50 percent of the Title I funds for Adults and
1415 Dislocated Workers which are passed through to local workforce
1416 development boards shall be allocated to and expended on
1417 Individual Training Accounts unless a local workforce
1418 development board obtains a waiver from CareerSource Florida,
1419 Inc. Tuition, books, and fees of training providers and other
1420 training services prescribed and authorized by the Workforce
1421 Innovation and Opportunity Act qualify as Individual Training
1422 Account expenditures.
1423 2. Fifteen percent of Title I funding shall be retained at
1424 the state level and dedicated to state administration and shall
1425 be used to design, develop, induce, and fund innovative
1426 Individual Training Account pilots, demonstrations, and
1427 programs. Of such funds retained at the state level, $2 million
1428 shall be reserved for the Incumbent Worker Training Program
1429 created under subparagraph 3. Eligible state administration
1430 costs include the costs of funding for the board and staff of
1431 CareerSource Florida, Inc.; operating fiscal, compliance, and
1432 management accountability systems through CareerSource Florida,
1433 Inc.; conducting evaluation and research on workforce
1434 development activities; and providing technical and capacity
1435 building assistance to local workforce development areas at the
1436 direction of CareerSource Florida, Inc. Notwithstanding s.
1437 445.004, such administrative costs may not exceed 25 percent of
1438 these funds. An amount not to exceed 75 percent of these funds
1439 shall be allocated to Individual Training Accounts and other
1440 workforce development strategies for other training designed and
1441 tailored by CareerSource Florida, Inc., including, but not
1442 limited to, programs for incumbent workers, displaced
1443 homemakers, nontraditional employment, and enterprise zones.
1444 CareerSource Florida, Inc., shall design, adopt, and fund
1445 Individual Training Accounts for distressed urban and rural
1446 communities.
1447 3. The Incumbent Worker Training Program is created for the
1448 purpose of providing grant funding for continuing education and
1449 training of incumbent employees at existing Florida businesses.
1450 The program will provide reimbursement grants to businesses that
1451 pay for preapproved, direct, training-related costs.
1452 a. The Incumbent Worker Training Program will be
1453 administered by CareerSource Florida, Inc., which may, at its
1454 discretion, contract with a private business organization to
1455 serve as grant administrator.
1456 b. The program shall be administered pursuant to s.
1457 134(d)(4) of the Workforce Innovation and Opportunity Act.
1458 Priority for funding shall be given to businesses with 25
1459 employees or fewer, businesses in rural areas, businesses in
1460 distressed inner-city areas, businesses in a qualified targeted
1461 industry, businesses whose grant proposals represent a
1462 significant upgrade in employee skills, or businesses whose
1463 grant proposals represent a significant layoff avoidance
1464 strategy.
1465 c. All costs reimbursed by the program must be preapproved
1466 by CareerSource Florida, Inc., or the grant administrator. The
1467 program may not reimburse businesses for trainee wages, the
1468 purchase of capital equipment, or the purchase of any item or
1469 service that may possibly be used outside the training project.
1470 A business approved for a grant may be reimbursed for
1471 preapproved, direct, training-related costs including tuition,
1472 fees, books and training materials, and overhead or indirect
1473 costs not to exceed 5 percent of the grant amount.
1474 d. A business that is selected to receive grant funding
1475 must provide a matching contribution to the training project,
1476 including, but not limited to, wages paid to trainees or the
1477 purchase of capital equipment used in the training project; must
1478 sign an agreement with CareerSource Florida, Inc., or the grant
1479 administrator to complete the training project as proposed in
1480 the application; must keep accurate records of the project’s
1481 implementation process; and must submit monthly or quarterly
1482 reimbursement requests with required documentation.
1483 e. All Incumbent Worker Training Program grant projects
1484 shall be performance-based with specific measurable performance
1485 outcomes, including completion of the training project and job
1486 retention. CareerSource Florida, Inc., or the grant
1487 administrator shall withhold the final payment to the grantee
1488 until a final grant report is submitted and all performance
1489 criteria specified in the grant contract have been achieved.
1490 f. CareerSource Florida, Inc., may establish guidelines
1491 necessary to implement the Incumbent Worker Training Program.
1492 g. No more than 10 percent of the Incumbent Worker Training
1493 Program’s total appropriation may be used for overhead or
1494 indirect purposes.
1495 4. At least 50 percent of Rapid Response funding shall be
1496 dedicated to Intensive Services Accounts and Individual Training
1497 Accounts for dislocated workers and incumbent workers who are at
1498 risk of dislocation. CareerSource Florida, Inc., shall also
1499 maintain an Emergency Preparedness Fund from Rapid Response
1500 funds, which will immediately issue Intensive Service Accounts,
1501 Individual Training Accounts, and other federally authorized
1502 assistance to eligible victims of natural or other disasters. At
1503 the direction of the Governor, these Rapid Response funds shall
1504 be released to local workforce development boards for immediate
1505 use after events that qualify under federal law. Funding shall
1506 also be dedicated to maintain a unit at the state level to
1507 respond to Rapid Response emergencies and to work with state
1508 emergency management officials and local workforce development
1509 boards. All Rapid Response funds must be expended based on a
1510 plan developed by CareerSource Florida, Inc., and approved by
1511 the Governor.
1512 Section 26. Paragraph (b) of subsection (5) of section
1513 445.004, Florida Statutes, is amended to read:
1514 445.004 CareerSource Florida, Inc.; creation; purpose;
1515 membership; duties and powers.—
1516 (5) CareerSource Florida, Inc., shall have all the powers
1517 and authority not explicitly prohibited by statute which are
1518 necessary or convenient to carry out and effectuate its purposes
1519 as determined by statute, Pub. L. No. 113-128, and the Governor,
1520 as well as its functions, duties, and responsibilities,
1521 including, but not limited to, the following:
1522 (b) Providing oversight and policy direction to ensure that
1523 the following programs are administered by the department in
1524 compliance with approved plans and under contract with
1525 CareerSource Florida, Inc.:
1526 1. Programs authorized under Title I of the Workforce
1527 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
1528 exception of programs funded directly by the United States
1529 Department of Labor under Title I, s. 167.
1530 2. Programs authorized under the Wagner-Peyser Act of 1933,
1531 as amended, 29 U.S.C. ss. 49 et seq.
1532 3. Activities authorized under Title II of the Trade Act of
1533 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
1534 Adjustment Assistance Program.
1535 4. Activities authorized under 38 U.S.C. chapter 41,
1536 including job counseling, training, and placement for veterans.
1537 5. Employment and training activities carried out under
1538 funds awarded to this state by the United States Department of
1539 Housing and Urban Development.
1540 6. Welfare transition services funded by the Temporary
1541 Assistance for Needy Families Program, created under the
1542 Personal Responsibility and Work Opportunity Reconciliation Act
1543 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
1544 of the Social Security Act, as amended.
1545 7. Displaced homemaker programs, provided under s. 446.50.
1546 7.8. The Florida Bonding Program, provided under Pub. L.
1547 No. 97-300, s. 164(a)(1).
1548 8.9. The Food Assistance Employment and Training Program,
1549 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
1550 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
1551 and the Hunger Prevention Act, Pub. L. No. 100-435.
1552 9.10. The Quick-Response Training Program, provided under
1553 ss. 288.046-288.047. Matching funds and in-kind contributions
1554 that are provided by clients of the Quick-Response Training
1555 Program shall count toward the requirements of s. 288.904,
1556 pertaining to the return on investment from activities of
1557 Enterprise Florida, Inc.
1558 10.11. The Work Opportunity Tax Credit, provided under the
1559 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
1560 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
1561 11.12. Offender placement services, provided under ss.
1562 944.707-944.708.
1563 Section 27. Subsections (3), (4), and (5) of section
1564 741.01, Florida Statutes, are amended to read:
1565 741.01 County court judge or clerk of the circuit court to
1566 issue marriage license; fee.—
1567 (3) Further, the fee charged for each marriage license
1568 issued in the state shall be increased by an additional sum of
1569 $7.50 to be collected upon receipt of the application for the
1570 issuance of a marriage license. The clerk shall transfer such
1571 funds monthly to the Department of Revenue for deposit in the
1572 Displaced Homemaker Trust Fund created in s. 446.50.
1573 (3)(4) An additional fee of $25 shall be paid to the clerk
1574 upon receipt of the application for issuance of a marriage
1575 license. The moneys collected shall be remitted by the clerk to
1576 the Department of Revenue, monthly, for deposit in the General
1577 Revenue Fund.
1578 (4)(5) The fee charged for each marriage license issued in
1579 the state shall be reduced by a sum of $25 $32.50 for all
1580 couples who present valid certificates of completion of a
1581 premarital preparation course from a qualified course provider
1582 registered under s. 741.0305(5) for a course taken no more than
1583 1 year prior to the date of application for a marriage license.
1584 For each license issued that is subject to the fee reduction of
1585 this subsection, the clerk is not required to transfer the sum
1586 of $7.50 to the Department of Revenue for deposit in the
1587 Displaced Homemaker Trust Fund pursuant to subsection (3) or to
1588 transfer the sum of $25 to the Department of Revenue for deposit
1589 in the General Revenue Fund.
1590 Section 28. Section 741.011, Florida Statutes, is amended
1591 to read:
1592 741.011 Installment payments.—An applicant for a marriage
1593 license who is unable to pay the fees required under s. 741.01
1594 in a lump sum may make payment in not more than three
1595 installments over a period of 90 days. The clerk shall accept
1596 installment payments upon receipt of an affidavit that the
1597 applicant is unable to pay the fees in a lump-sum payment. Upon
1598 receipt of the third or final installment payment, the marriage
1599 license application shall be deemed filed, and the clerk shall
1600 issue the marriage license to the applicant and distribute the
1601 fees as provided in s. 741.01. In the event that the marriage
1602 license fee is paid in installments, the clerk shall retain $1
1603 from the additional fee imposed pursuant to s. 741.01(3)
1604 741.01(4), as a processing fee.
1605 Section 29. This act shall take effect July 1, 2017.