Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1306
       
       
       
       
       
       
                                Ì536208*Î536208                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Montford) recommended the
       following:
       
    1         Senate Substitute for Amendment (561354) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (x) is added to subsection (3) of
    7  section 11.45, Florida Statutes, to read:
    8         11.45 Definitions; duties; authorities; reports; rules.—
    9         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
   10  General may, pursuant to his or her own authority, or at the
   11  direction of the Legislative Auditing Committee, conduct audits
   12  or other engagements as determined appropriate by the Auditor
   13  General of:
   14         (x) The Florida Tourism Industry Marketing Corporation.
   15         Section 2. (1) The Florida Tourism Industry Marketing
   16  Corporation may enter into an agreement with the Department of
   17  Economic Opportunity to continue any existing program, activity,
   18  duty, or function necessary for the operation of the
   19  corporation.
   20         (2) Any funds held in trust which were donated to or earned
   21  by the Florida Tourism Industry Marketing Corporation may be
   22  used by the corporation for the original purposes for which the
   23  funds were received.
   24         (3) It is the intent of the Legislature that the changes
   25  made by this act be accomplished with minimal disruption of
   26  services provided to the public and with minimal disruption to
   27  employees of any organization.
   28         Section 3. Section 272.11, Florida Statutes, is amended to
   29  read:
   30         272.11 Capitol information center.—The Department of
   31  Economic Opportunity Enterprise Florida, Inc., shall establish,
   32  maintain, and operate a Capitol information center somewhere
   33  within the area of the Capitol Center and employ personnel or
   34  enter into contracts to maintain same. The department may
   35  contract with VISIT Florida for the management and operation of
   36  the Capitol information center.
   37         Section 4. Subsections (1) and (3) of section 288.017,
   38  Florida Statutes, are amended to read:
   39         288.017 Cooperative advertising matching grants program.—
   40         (1) The department Enterprise Florida, Inc., is authorized
   41  to establish a cooperative advertising matching grants program
   42  and, pursuant thereto, to make expenditures and enter into
   43  contracts with local governments and nonprofit corporations for
   44  the purpose of publicizing the tourism advantages of the state.
   45  The department, based on recommendations from Enterprise
   46  Florida, Inc., shall have final approval of grants awarded
   47  through this program. The department Enterprise Florida, Inc.,
   48  may contract with VISIT Florida its direct-support organization
   49  to administer the program.
   50         (3) The department Enterprise Florida, Inc., shall conduct
   51  an annual competitive selection process for the award of grants
   52  under the program. In determining its recommendations for the
   53  grant awards, the department commission shall consider the
   54  demonstrated need of the applicant for advertising assistance,
   55  the feasibility and projected benefit of the applicant’s
   56  proposal, the amount of nonstate funds that will be leveraged,
   57  and such other criteria as the department commission deems
   58  appropriate. In evaluating grant applications, the department
   59  shall consider recommendations from Enterprise Florida, Inc. The
   60  department, however, has final approval authority for any grant
   61  under this section.
   62         Section 5. Section 288.1226, Florida Statutes, is amended
   63  to read:
   64         288.1226 Florida Tourism Industry Marketing Corporation;
   65  use of property; board of directors; duties; audit.—
   66         (1) DEFINITIONS.—For the purposes of this section, the term
   67  “corporation” means the Florida Tourism Industry Marketing
   68  Corporation.
   69         (2) ESTABLISHMENT.—The Florida Tourism Industry Marketing
   70  Corporation is a direct-support organization of the Department
   71  of Economic Opportunity Enterprise Florida, Inc.
   72         (a) The Florida Tourism Industry Marketing Corporation is a
   73  corporation not for profit, as defined in s. 501(c)(6) of the
   74  Internal Revenue Code of 1986, as amended, that is incorporated
   75  under the provisions of chapter 617 and approved by the
   76  Department of State.
   77         (b) The corporation is organized and operated exclusively
   78  to request, receive, hold, invest, and administer property and
   79  to manage and make expenditures for the operation of the
   80  activities, services, functions, and programs of this state
   81  which relate to the statewide, national, and international
   82  promotion and marketing of tourism.
   83         (c)1. The corporation is not an agency for the purposes of
   84  chapters 120, 216, and 287; ss. 255.21, 255.25, and 255.254,
   85  relating to leasing of buildings; ss. 283.33 and 283.35,
   86  relating to bids for printing; s. 215.31; and parts I, II, and
   87  IV-VIII of chapter 112. However, the corporation shall comply
   88  with the per diem and travel expense provisions of s. 112.061.
   89         2. It is not a violation of s. 112.3143(2) or (4) for the
   90  officers or members of the board of directors of the corporation
   91  to:
   92         a. Vote on the 4-year marketing plan required under s.
   93  288.923 or vote on any individual component of or amendment to
   94  the plan.
   95         b. Participate in the establishment or calculation of
   96  payments related to the private match requirements of subsection
   97  (6). The officer or member must file an annual disclosure
   98  describing the nature of his or her interests or the interests
   99  of his or her principals, including corporate parents and
  100  subsidiaries of his or her principals, in the private match
  101  requirements. This annual disclosure requirement satisfies the
  102  disclosure requirement of s. 112.3143(4). This disclosure must
  103  be placed on the corporation’s website or included in the
  104  minutes of each meeting of the corporation’s board of directors
  105  at which the private match requirements are discussed or voted
  106  upon.
  107         (d) The corporation is subject to the provisions of chapter
  108  119, relating to public meetings, and those provisions of
  109  chapter 286 relating to public meetings and records.
  110         (3) USE OF PROPERTY.—The Department of Economic Opportunity
  111  Enterprise Florida, Inc.:
  112         (a) Is authorized to permit the use of property and
  113  facilities of the department Enterprise Florida, Inc., by the
  114  corporation, subject to the provisions of this section.
  115         (b) Shall prescribe conditions with which the corporation
  116  must comply in order to use property and facilities of the
  117  department Enterprise Florida, Inc. Such conditions shall
  118  provide for budget and audit review and for oversight by the
  119  department Enterprise Florida, Inc.
  120         (c) May not permit the use of property and facilities of
  121  the department Enterprise Florida, Inc., if the corporation does
  122  not provide equal employment opportunities to all persons,
  123  regardless of race, color, national origin, sex, age, or
  124  religion.
  125         (4) BOARD OF DIRECTORS.—The board of directors of the
  126  corporation shall be composed of 31 tourism-industry-related
  127  members, appointed by the corporation Enterprise Florida, Inc.,
  128  in conjunction with the department. Board members shall serve
  129  without compensation, but are entitled to receive reimbursement
  130  for per diem and travel expenses pursuant to s. 112.061. Such
  131  expenses must be paid out of funds of the corporation.
  132         (a) The board shall consist of 16 members, appointed in
  133  such a manner as to equitably represent all geographic areas of
  134  the state, with no fewer than two members from any of the
  135  following regions:
  136         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
  137  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
  138  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
  139         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
  140  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
  141  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
  142  Taylor, and Union Counties.
  143         3. Region 3, composed of Brevard, Indian River, Lake,
  144  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
  145  Volusia Counties.
  146         4. Region 4, composed of Citrus, Hernando, Hillsborough,
  147  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
  148         5. Region 5, composed of Charlotte, Collier, DeSoto,
  149  Glades, Hardee, Hendry, Highlands, and Lee Counties.
  150         6. Region 6, composed of Broward, Martin, Miami-Dade,
  151  Monroe, and Palm Beach Counties.
  152         (b) The 15 additional tourism-industry-related members
  153  shall include 1 representative from the statewide rental car
  154  industry; 7 representatives from tourist-related statewide
  155  associations, including those that represent hotels,
  156  campgrounds, county destination marketing organizations,
  157  museums, restaurants, retail, and attractions; 3 representatives
  158  from county destination marketing organizations; 1
  159  representative from the cruise industry; 1 representative from
  160  an automobile and travel services membership organization that
  161  has at least 2.8 million members in Florida; 1 representative
  162  from the airline industry; and 1 representative from the space
  163  tourism industry, who will each serve for a term of 2 years.
  164         (5) POWERS AND DUTIES.—The corporation, in the performance
  165  of its duties:
  166         (a) May make and enter into contracts and assume such other
  167  functions as are necessary to carry out the provisions of the 4
  168  year marketing plan required by s. 288.923, and the
  169  corporation’s contract with the department which Enterprise
  170  Florida, Inc., which are not inconsistent with this or any other
  171  provision of law. A proposed contract with a total cost of
  172  $750,000 or more is subject to the notice and review procedures
  173  of s. 216.177. If the chair or vice chair of the Legislative
  174  Budget Commission, the President of the Senate, or the Speaker
  175  of the House of Representatives timely advises the corporation
  176  in writing that such proposed contract is contrary to
  177  legislative policy and intent, the corporation may not execute
  178  such proposed contract. The corporation may not enter into
  179  multiple related contracts to avoid the requirements of this
  180  paragraph.
  181         (b) May develop a program to provide incentives and to
  182  attract and recognize those entities which make significant
  183  financial and promotional contributions towards the expanded
  184  tourism promotion activities of the corporation.
  185         (c) May establish a cooperative marketing program with
  186  other public and private entities which allows the use of the
  187  VISIT Florida logo in tourism promotion campaigns which meet the
  188  standards of the department Enterprise Florida, Inc., for which
  189  the corporation may charge a reasonable fee.
  190         (d) May sue and be sued and appear and defend in all
  191  actions and proceedings in its corporate name to the same extent
  192  as a natural person.
  193         (e) May adopt, use, and alter a common corporate seal.
  194  However, such seal must always contain the words “corporation
  195  not for profit.”
  196         (f) Shall elect or appoint such officers and agents as its
  197  affairs shall require and allow them reasonable compensation.
  198  However, each officer or agent, including the president and
  199  chief executive officer of the corporation, may not receive
  200  public compensation that exceeds $120,000 per year.
  201         (g) Shall hire and establish salaries and personnel and
  202  employee benefit programs for such permanent and temporary
  203  employees as are necessary to carry out the provisions of the 4
  204  year marketing plan and the corporation’s contract with the
  205  department Enterprise Florida, Inc., which are not inconsistent
  206  with this or any other provision of law. However, an employee
  207  may not receive public compensation that exceeds $120,000 per
  208  year. Any public payments of performance bonuses or severance
  209  pay to employees of the corporation are prohibited unless
  210  specifically authorized by law.
  211         (h) Shall appoint a president and chief executive officer
  212  of the corporation, who shall serve subject to confirmation by
  213  the Senate provide staff support to the Division of Tourism
  214  Promotion of Enterprise Florida, Inc. The president and chief
  215  executive officer of the Florida Tourism Industry Marketing
  216  Corporation shall serve without compensation as the director of
  217  the division.
  218         (i) May adopt, change, amend, and repeal bylaws, not
  219  inconsistent with law or its articles of incorporation, for the
  220  administration of the provisions of the 4-year marketing plan
  221  and the corporation’s contract with the department Enterprise
  222  Florida, Inc.
  223         (j) May conduct its affairs, carry on its operations, and
  224  have offices and exercise the powers granted by this act in any
  225  state, territory, district, or possession of the United States
  226  or any foreign country. When Where feasible, appropriate, and
  227  recommended by the 4-year marketing plan developed by the
  228  Division of Tourism Promotion of Enterprise Florida, Inc., the
  229  corporation may collocate the programs of foreign tourism
  230  offices in cooperation with any foreign office operated by any
  231  agency of this state.
  232         (k) May appear on its own behalf before boards,
  233  commissions, departments, or other agencies of municipal,
  234  county, state, or federal government.
  235         (l) May request or accept any grant, payment, or gift, of
  236  funds or property made by this state or by the United States or
  237  any department or agency thereof or by any individual, firm,
  238  corporation, municipality, county, or organization for any or
  239  all of the purposes of the 4-year marketing plan and the
  240  corporation’s contract with the department which Enterprise
  241  Florida, Inc., that are not inconsistent with this or any other
  242  provision of law. Such funds shall be deposited in a bank
  243  account established by the corporation’s board of directors. The
  244  corporation may expend such funds in accordance with the terms
  245  and conditions of any such grant, payment, or gift, in the
  246  pursuit of its administration or in support of the programs it
  247  administers. The corporation shall separately account for the
  248  public funds and the private funds deposited into the
  249  corporation’s bank account.
  250         (m) Shall establish a plan for participation in the
  251  corporation which will provide additional funding for the
  252  administration and duties of the corporation.
  253         (n) In the performance of its duties, may undertake, or
  254  contract for, marketing projects and advertising research
  255  projects.
  256         (o) In addition to any indemnification available under
  257  chapter 617, the corporation may indemnify, and purchase and
  258  maintain insurance on behalf of, directors, officers, and
  259  employees of the corporation against any personal liability or
  260  accountability by reason of actions taken while acting within
  261  the scope of their authority.
  262         (p) May not create or establish any other entity,
  263  corporation, or direct-support organization.
  264         (q) May not expend funds, public or private, which directly
  265  or indirectly benefit only one company, corporation, or business
  266  entity.
  267         (6) MATCHING REQUIREMENTS.—
  268         (a) A one-to-one match is required of private to public
  269  contributions to the corporation. Public contributions include
  270  all state appropriations to the corporation.
  271         (b) For purposes of calculating the required one-to-one
  272  match, the corporation shall receive matching private
  273  contributions in one of four private match categories. The
  274  corporation shall maintain documentation of such categorized
  275  contributions on file and make such documentation available for
  276  inspection upon reasonable notice during its regular business
  277  hours. Contribution details shall be included in the quarterly
  278  reports required under subsection (8). The private match
  279  categories are:
  280         1. Direct cash contributions from private sources, which
  281  include, but are not limited to, cash derived from strategic
  282  alliances, contributions of stocks and bonds, and partnership
  283  contributions.
  284         2. Fees for services, which include, but are not limited
  285  to, event participation, research, and brochure placement and
  286  transparencies.
  287         3. Cooperative advertising, which is limited to partner
  288  expenditures for paid media placement, partner expenditures for
  289  collateral material distribution, and the actual market value of
  290  contributed productions, air time, and print space.
  291         4. In-kind contributions, which is limited to the actual
  292  market value of promotional contributions of partner-supplied
  293  benefits to target audiences that would otherwise require
  294  tourist promotion expenditures by the corporation for air
  295  travel, rental car fees, hotel rooms, RV or campsite space
  296  rental, on-site guest services, and admission tickets.
  297  
  298  Contributions from a governmental entity or from an entity that
  299  received more than 50 percent of its revenue in the previous
  300  fiscal year from public sources, including revenue derived from
  301  taxes, fees, or other government revenues, are not considered
  302  private contributions for purposes of calculating the required
  303  one-to-one match.
  304         (c) If the corporation fails to meet the one-to-one match
  305  requirements of this subsection, the corporation shall revert
  306  all unmatched public contributions to the State Treasury by June
  307  30 of each fiscal year.
  308         (7)(6) ANNUAL AUDIT.—The corporation shall provide for an
  309  annual financial audit in accordance with s. 215.981. The annual
  310  audit report shall be submitted to the Auditor General,; the
  311  Office of Program Policy Analysis and Government
  312  Accountability,; Enterprise Florida, Inc.; and the department
  313  for review. The Office of Program Policy Analysis and Government
  314  Accountability,; Enterprise Florida, Inc.; the department,; and
  315  the Auditor General have the authority to require and receive
  316  from the corporation or from its independent auditor any detail
  317  or supplemental data relative to the operation of the
  318  corporation. The department shall annually certify whether the
  319  corporation is operating in a manner and achieving the
  320  objectives that are consistent with the policies and goals of
  321  the department Enterprise Florida, Inc., and its long-range
  322  marketing plan. The identity of a donor or prospective donor to
  323  the corporation who desires to remain anonymous and all
  324  information identifying such donor or prospective donor are
  325  confidential and exempt from the provisions of s. 119.07(1) and
  326  s. 24(a), Art. I of the State Constitution. Such anonymity shall
  327  be maintained in the auditor’s report.
  328         (8)(7) REPORT.—The corporation shall provide a quarterly
  329  report to the department Enterprise Florida, Inc., which shall:
  330         (a) Measure the current vitality of the visitor industry of
  331  this state as compared to the vitality of such industry for the
  332  year to date and for comparable quarters of past years.
  333  Indicators of vitality shall be determined by the department
  334  Enterprise Florida, Inc., and shall include, but not be limited
  335  to, estimated visitor count and party size, length of stay,
  336  average expenditure per party, and visitor origin and
  337  destination.
  338         (b) Provide detailed, unaudited financial statements of
  339  sources and uses of public and private funds.
  340         (c) Measure progress towards annual goals and objectives
  341  set forth in the 4-year marketing plan.
  342         (d) Review all pertinent research findings.
  343         (e) Provide other measures of accountability as requested
  344  by the department Enterprise Florida, Inc.
  345  
  346  The corporation must take all steps necessary to provide all
  347  data that is used to develop the report, including source data,
  348  to the Office of Economic and Demographic Research.
  349         (9)(8)PROHIBITIONS; CORPORATE FUNDS; GIFTS.
  350  Notwithstanding per diem and travel expenses authorized pursuant
  351  s. 112.061, funds of the corporation may not be expended for
  352  food, beverages, lodging, entertainment, or gifts for employees
  353  of the corporation, board members of the corporation, or
  354  employees of a tourist or economic development entity that
  355  receives revenue from a tax imposed pursuant to s. 125.0104, s.
  356  125.0108, or s. 212.0305. An employee or board member of the
  357  corporation may not accept or receive food, beverages, lodging,
  358  entertainment, or gifts from a tourist or economic development
  359  entity that receives revenue from a tax imposed pursuant to s.
  360  125.0104, s. 125.0108, or s. 212.0305 PUBLIC RECORDS EXEMPTION.
  361  The identity of any person who responds to a marketing project
  362  or advertising research project conducted by the corporation in
  363  the performance of its duties on behalf of Enterprise Florida,
  364  Inc., or trade secrets as defined by s. 812.081 obtained
  365  pursuant to such activities, are exempt from s. 119.07(1) and s.
  366  24(a), Art. I of the State Constitution. This subsection is
  367  subject to the Open Government Sunset Review Act in accordance
  368  with s. 119.15 and shall stand repealed on October 2, 2021,
  369  unless reviewed and saved from repeal through reenactment by the
  370  Legislature.
  371         (10)(9)LODGING EXPENSES.—Lodging expenses for an employee
  372  of the corporation may not exceed $150 per day, excluding taxes.
  373  However, an employee of the corporation may expend his or her
  374  own funds for any lodging expenses in excess of $150 per day.
  375         (11) TRANSPARENCY.—
  376         (a) The corporation is a governmental entity as defined in
  377  s. 215.985 and, therefore, is subject to the Transparency
  378  Florida Act.
  379         (b) A contract entered into between the corporation and any
  380  other entity that received more than 50 percent of its revenue
  381  in the previous fiscal year from funds derived from a tax
  382  imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305
  383  must include all of the following information:
  384         1. The purpose of the contract.
  385         2. Specific performance standards and responsibilities for
  386  each entity.
  387         3. A detailed project or contract budget, if applicable.
  388         4. The value of any services provided.
  389         5. The salaries of all employees and board members of the
  390  entity and the projected travel and entertainment expenses for
  391  such employees and board members.
  392         (c)1. If a marketing partner received more than 50 percent
  393  of its revenue in the previous fiscal year from funds from the
  394  corporation or from a tax imposed pursuant to s. 125.0104, s.
  395  125.0108, or s. 212.0305, the marketing partner shall annually
  396  report all public and private financial data to the corporation.
  397         2. The financial data must include:
  398         a. The total amount of revenue received from public and
  399  private sources.
  400         b. The operating budget.
  401         c. Employee and board member salary and benefit details
  402  from public and private funds.
  403         d. An itemized account of all funds spent by a third party
  404  on behalf of the corporation or a board member or an employee of
  405  the corporation.
  406         e. Itemized travel and entertainment expenditures.
  407         (d) The following information must be posted on the
  408  corporation’s website:
  409         1. A plain language version of each proposed and executed
  410  contract with a private entity, municipality, or vendor
  411  exceeding $35,000 for services, supplies, or programs, including
  412  marketing, or for the purchase or lease or use of lands,
  413  facilities, or properties.
  414         2. Any contract entered into between the corporation and
  415  any other entity, including a local government, private entity,
  416  or nonprofit entity, which receives public funds or funds from a
  417  tax imposed pursuant to s. 125.0104, s. 125.0108, or s.
  418  212.0305.
  419         3. The contracts and the required information pursuant to
  420  paragraph (b) and the financial data submitted to the
  421  corporation pursuant to paragraph (c).
  422         4. Video recordings of each board meeting.
  423         5. A detailed report of expenditures following each
  424  marketing event paid for with the corporation’s funds. Such
  425  report must be posted within 10 business days after the event.
  426         6. An annual itemized accounting of the total amount of
  427  funds spent by any third party on behalf of the corporation or
  428  any board member or employee of the corporation.
  429         7. An annual itemized accounting of the total amount of
  430  travel and entertainment expenditures by the corporation.
  431         (e) The corporation’s website must:
  432         1. Allow users to navigate to related sites to view
  433  supporting details.
  434         2. Enable a taxpayer to send questions via e-mail to the
  435  corporation and make such questions and the corporation’s
  436  responses publicly viewable.
  437         (12) REPEAL.—This section is repealed October 1, 2019,
  438  unless reviewed and saved from repeal by the Legislature.
  439         Section 6. Section 288.12265, Florida Statutes, is amended
  440  to read:
  441         288.12265 Welcome centers.—
  442         (1) Responsibility for the welcome centers is assigned to
  443  the Department of Economic Opportunity Enterprise Florida, Inc.,
  444  which shall contract with the Florida Tourism Industry Marketing
  445  Corporation to employ all welcome center staff.
  446         (2) The Department of Economic Opportunity Enterprise
  447  Florida, Inc., shall administer and operate the welcome centers.
  448  Pursuant to a contract with the Department of Transportation,
  449  the Department of Economic Opportunity Enterprise Florida, Inc.,
  450  shall be responsible for routine repair, replacement, or
  451  improvement and the day-to-day management of interior areas
  452  occupied by the welcome centers. All other repairs,
  453  replacements, or improvements to the welcome centers shall be
  454  the responsibility of the Department of Transportation. The
  455  Department of Economic Opportunity Enterprise Florida, Inc., may
  456  contract with the Florida Tourism Industry Marketing Corporation
  457  for the management and operation of the welcome centers.
  458         Section 7. Section 288.124, Florida Statutes, is amended to
  459  read:
  460         288.124 Convention grants program.—VISIT Florida Enterprise
  461  Florida, Inc., is authorized to establish a convention grants
  462  program and, pursuant to that program, to recommend to the
  463  department expenditures and contracts with local governments and
  464  nonprofit corporations or organizations for the purpose of
  465  attracting national conferences and conventions to Florida.
  466  Preference shall be given to local governments and nonprofit
  467  corporations or organizations seeking to attract minority
  468  conventions to Florida. Minority conventions are events that
  469  primarily involve minority persons, as defined in s. 288.703,
  470  who are residents or nonresidents of the state. VISIT Florida
  471  Enterprise Florida, Inc., shall establish guidelines governing
  472  the award of grants and the administration of this program. The
  473  department has final approval authority for any grants under
  474  this section. The total annual allocation of funds for this
  475  program shall not exceed $40,000.
  476         Section 8. Subsection (5) of section 288.901, Florida
  477  Statutes, is amended to read:
  478         288.901 Enterprise Florida, Inc.—
  479         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
  480         (a) In addition to the Governor or his or her designee, the
  481  board of directors shall consist of the following appointed
  482  members:
  483         1. The Commissioner of Education or his or her designee.
  484         2. The Chief Financial Officer or his or her designee.
  485         3. The Attorney General or his or her designee.
  486         4. The Commissioner of Agriculture or his or her designee.
  487         5. The chairperson of the board of directors of
  488  CareerSource Florida, Inc.
  489         6. The Secretary of State or his or her designee.
  490         7. Twelve members from the private sector, six of whom
  491  shall be appointed by the Governor, three of whom shall be
  492  appointed by the President of the Senate, and three of whom
  493  shall be appointed by the Speaker of the House of
  494  Representatives. Members appointed by the Governor are subject
  495  to Senate confirmation.
  496         (b) In making their appointments, the Governor, the
  497  President of the Senate, and the Speaker of the House of
  498  Representatives shall ensure that the composition of the board
  499  of directors reflects the diversity of Florida’s business
  500  community and is representative of the economic development
  501  goals in subsection (2). The board must include at least one
  502  director for each of the following areas of expertise:
  503  international business, tourism marketing, the space or
  504  aerospace industry, managing or financing a minority-owned
  505  business, manufacturing, finance and accounting, and sports
  506  marketing.
  507         (c) The Governor, the President of the Senate, and the
  508  Speaker of the House of Representatives also shall consider
  509  appointees who reflect Florida’s racial, ethnic, and gender
  510  diversity. Efforts shall be taken to ensure participation from
  511  all geographic areas of the state, including representation from
  512  urban and rural communities.
  513         (d) Appointed members shall be appointed to 4-year terms,
  514  except that initially, to provide for staggered terms, the
  515  Governor, the President of the Senate, and the Speaker of the
  516  House of Representatives shall each appoint one member to serve
  517  a 2-year term and one member to serve a 3-year term, with the
  518  remaining initial appointees serving 4-year terms. All
  519  subsequent appointments shall be for 4-year terms.
  520         (e) Initial appointments must be made by October 1, 2011,
  521  and be eligible for confirmation at the earliest available
  522  Senate session. Terms end on September 30.
  523         (f) Any member is eligible for reappointment, except that a
  524  member may not serve more than two terms.
  525         (g) A vacancy on the board of directors shall be filled for
  526  the remainder of the unexpired term. Vacancies on the board
  527  shall be filled by appointment by the Governor, the President of
  528  the Senate, or the Speaker of the House of Representatives,
  529  respectively, depending on who appointed the member whose
  530  vacancy is to be filled or whose term has expired.
  531         (h) Appointed members may be removed by the Governor, the
  532  President of the Senate, or the Speaker of the House of
  533  Representatives, respectively, for cause. Absence from three
  534  consecutive meetings results in automatic removal.
  535  
  536  All board members shall serve without compensation, but are
  537  entitled to receive reimbursement for per diem and travel
  538  expenses pursuant to s. 112.061. Such expenses must be paid out
  539  of funds of Enterprise Florida, Inc.
  540         Section 9. Subsections (7), (8), and (9) are added to
  541  section 288.903, Florida Statutes, to read:
  542         288.903 Duties of Enterprise Florida, Inc.—Enterprise
  543  Florida, Inc., shall have the following duties:
  544         (7) Submit all proposed contracts with a total cost of
  545  $750,000 or more in accordance with the notice and review
  546  procedures of s. 216.177. If the chair or vice chair of the
  547  Legislative Budget Commission, the President of the Senate, or
  548  the Speaker of the House of Representatives timely advises
  549  Enterprise Florida, Inc., in writing that such proposed contract
  550  is contrary to legislative policy and intent, Enterprise
  551  Florida, Inc., may not execute such proposed contract.
  552  Enterprise Florida, Inc., may not enter into multiple related
  553  contracts to avoid the requirements of this paragraph. This
  554  paragraph does not apply to contracts for the award of a
  555  statutorily authorized incentive program.
  556         (8) May not create or establish any other entity,
  557  corporation, or direct-support organization, unless authorized
  558  by law.
  559         (9) Comply with the per diem and travel expenses pursuant
  560  to s. 112.061.
  561         Section 10. Section 288.904, Florida Statutes, is amended
  562  to read:
  563         288.904 Funding for Enterprise Florida, Inc.; performance
  564  and return on the public’s investment.—
  565         (1)(a) The Legislature may annually appropriate to
  566  Enterprise Florida, Inc., a sum of money for its operations, and
  567  separate line-item appropriations for each of the divisions
  568  listed in s. 288.92.
  569         (b) The state’s operating investment in Enterprise Florida,
  570  Inc., and its divisions is the budget contracted by the
  571  department to Enterprise Florida, Inc., less any funding that is
  572  directed by the Legislature to be subcontracted to a specific
  573  recipient entity.
  574         (c) The board of directors of Enterprise Florida, Inc.,
  575  shall adopt for each upcoming fiscal year an operating budget
  576  for the organization, including its divisions, which specifies
  577  the intended uses of the state’s operating investment and a plan
  578  for securing private sector support.
  579         (2)(a) The Legislature finds that it is a priority to
  580  maximize private sector support in operating Enterprise Florida,
  581  Inc., and its divisions, as an endorsement of its value and as
  582  an enhancement of its efforts. Thus, the state appropriations
  583  must be matched with private sector support equal to at least
  584  100 percent of the state operational funding.
  585         (b) Private sector support in operating Enterprise Florida,
  586  Inc., and its divisions includes:
  587         1. Cash given directly to Enterprise Florida, Inc., for its
  588  operations, including contributions from at-large members of the
  589  board of directors;
  590         2. Cash donations from organizations assisted by the
  591  divisions;
  592         3. Cash jointly raised by Enterprise Florida, Inc., and a
  593  private local economic development organization, a group of such
  594  organizations, or a statewide private business organization that
  595  supports collaborative projects;
  596         4. Cash generated by fees charged for products or services
  597  of Enterprise Florida, Inc., and its divisions by sponsorship of
  598  events, missions, programs, and publications; and
  599         5. Copayments, stock, warrants, royalties, or other private
  600  resources dedicated to Enterprise Florida, Inc., or its
  601  divisions.
  602  
  603  Contributions from a governmental entity or from an entity that
  604  received more than 50 percent of its revenue in the previous
  605  fiscal year from public sources, including revenue derived from
  606  taxes, fees, or other government revenues, are not considered
  607  private contributions for purposes of calculating the required
  608  match.
  609         (3)(a) Specifically for the marketing and advertising
  610  activities of the Division of Tourism Marketing or as contracted
  611  through the Florida Tourism Industry Corporation, a one-to-one
  612  match is required of private to public contributions within 4
  613  calendar years after the implementation date of the marketing
  614  plan pursuant to s. 288.923.
  615         (b) For purposes of calculating the required one-to-one
  616  match, matching private funds shall be divided into four
  617  categories. Documentation for the components of the four private
  618  match categories shall be kept on file for inspection as
  619  determined necessary. The four private match categories are:
  620         1. Direct cash contributions, which include, but are not
  621  limited to, cash derived from strategic alliances, contributions
  622  of stocks and bonds, and partnership contributions.
  623         2. Fees for services, which include, but are not limited
  624  to, event participation, research, and brochure placement and
  625  transparencies.
  626         3. Cooperative advertising, which is the value based on
  627  cost of contributed productions, air time, and print space.
  628         4. In-kind contributions, which include, but are not
  629  limited to, the value of strategic alliance services
  630  contributed, the value of loaned employees, discounted service
  631  fees, items contributed for use in promotions, and radio or
  632  television air time or print space for promotions. The value of
  633  air time or print space shall be calculated by taking the actual
  634  time or space and multiplying by the nonnegotiated unit price
  635  for that specific time or space which is known as the media
  636  equivalency value. In order to avoid duplication in determining
  637  media equivalency value, only the value of the promotion itself
  638  shall be included; the value of the items contributed for the
  639  promotion may not be included.
  640         (3)(4) Enterprise Florida, Inc., shall fully comply with
  641  the performance measures, standards, and sanctions in its
  642  contract with the department, under s. 20.60. The department
  643  shall ensure, to the maximum extent possible, that the contract
  644  performance measures are consistent with performance measures
  645  that it is required to develop and track under performance-based
  646  program budgeting. The contract shall also include performance
  647  measures for the divisions.
  648         (4)(5) The Legislature intends to review the performance of
  649  Enterprise Florida, Inc., in achieving the performance goals
  650  stated in its annual contract with the department to determine
  651  whether the public is receiving a positive return on its
  652  investment in Enterprise Florida, Inc., and its divisions. It
  653  also is the intent of the Legislature that Enterprise Florida,
  654  Inc., coordinate its operations with local economic development
  655  organizations to maximize the state and local return on
  656  investment to create jobs for Floridians.
  657         (5)(a) For purposes of this section, Enterprise Florida,
  658  Inc., is a governmental entity as defined in s. 215.985 and,
  659  therefore, is subject to the Transparency Florida Act.
  660         (b) A contract entered into between Enterprise Florida,
  661  Inc., and any other entity, including a local government,
  662  private, or nonprofit entity, which receives public funds from
  663  the state or from a tax imposed pursuant to s. 125.0104, s.
  664  125.0108, or s. 212.0305 must include all of the following
  665  information:
  666         1. The purpose of the contract.
  667         2. Specific performance standards and responsibilities for
  668  each entity.
  669         3. A detailed project or contract budget, if applicable.
  670         4. The value of any services provided.
  671         5. The salaries of all employees and board members of the
  672  entity and the projected travel and entertainment expenses for
  673  employees and board members.
  674         (c)1. If a partner entity received more than 50 percent of
  675  its revenue in the previous fiscal year from funds from
  676  Enterprise Florida, Inc., or from a tax imposed pursuant to s.
  677  125.0104, s. 125.0108, or s. 212.0305, the partner entity shall
  678  annually report all public and private financial data to
  679  Enterprise Florida, Inc.
  680         2. The financial data must include:
  681         a. The total amount of revenue received from public and
  682  private sources.
  683         b. The operating budget.
  684         c. Employee and board member salary and benefit details
  685  from public and private funds.
  686         d. An itemized account of all funds spent by a third party
  687  on behalf of Enterprise Florida, Inc., or a board member or an
  688  employee of Enterprise Florida, Inc.
  689         e. Itemized travel and entertainment expenditures.
  690         (d) The following information must be posted on the website
  691  of Enterprise Florida, Inc.:
  692         1. A plain language version of each proposed and executed
  693  contract with a private entity, municipality, or vendor
  694  exceeding $35,000 for services, supplies, or programs, including
  695  marketing, or for the purchase or lease or use of lands,
  696  facilities, or properties.
  697         2. Any contract entered into between Enterprise Florida,
  698  Inc., and any other entity, including a local government,
  699  private entity, or nonprofit entity, which receives public funds
  700  or funds from a tax imposed pursuant to s. 125.0104, s.
  701  125.0108, or s. 212.0305.
  702         3. The contracts and the required information under
  703  paragraph (b) and the financial data submitted to Enterprise
  704  Florida, Inc., under paragraph (c).
  705         4. Video recordings of each board meeting.
  706         5. A detailed report of expenditures following each
  707  marketing event paid for with Enterprise Florida, Inc., funds.
  708  Such report must be posted within 10 business days after the
  709  event.
  710         6. An annual itemized accounting of the total amount of
  711  funds spent by any third party on behalf of Enterprise Florida,
  712  Inc., or any board member or employee of Enterprise Florida,
  713  Inc.
  714         7. An annual itemized accounting of the total amount of
  715  travel and entertainment expenditures by Enterprise Florida,
  716  Inc.
  717         (e) The Enterprise Florida, Inc., website must:
  718         1. Allow users to navigate to related sites to view
  719  supporting details.
  720         2. Enable a taxpayer to send questions via e-mail to
  721  Enterprise Florida, Inc., and make such questions and Enterprise
  722  Florida, Inc., responses publicly viewable.
  723         Section 11. Section 288.905, Florida Statutes, is amended
  724  to read:
  725         288.905 President and employees of Enterprise Florida,
  726  Inc.—
  727         (1) The board of directors of Enterprise Florida, Inc.,
  728  shall appoint a president, who shall serve subject to
  729  confirmation by the Senate at the pleasure of the Governor. The
  730  president shall also be known as the “secretary of commerce” and
  731  shall serve as the Governor’s chief negotiator for business
  732  recruitment and business expansion.
  733         (2) The president is the chief administrative and
  734  operational officer of the board of directors and of Enterprise
  735  Florida, Inc., and shall direct and supervise the administrative
  736  affairs of the board of directors and any divisions, councils,
  737  or boards. The board of directors may delegate to the president
  738  those powers and responsibilities it deems appropriate,
  739  including hiring and management of all staff, except for the
  740  appointment of a president.
  741         (3) The board of directors shall establish and adjust the
  742  president’s compensation.
  743         (4) No employee of Enterprise Florida, Inc., including an
  744  officer or agent, the president, and the chief executive
  745  officer, may receive public compensation for employment which
  746  that exceeds $120,000 per year the salary paid to the Governor,
  747  unless the board of directors and the employee have executed a
  748  contract that prescribes specific, measurable performance
  749  outcomes for the employee, the satisfaction of which provides
  750  the basis for the award of incentive payments that increase the
  751  employee’s total compensation to a level above the salary paid
  752  to the Governor. Any public payments of performance bonuses or
  753  severance pay to employees are prohibited unless specifically
  754  authorized by law.
  755         (5) Lodging expenses for an employee may not exceed $150
  756  per day, excluding taxes, unless participating in a negotiated
  757  group rate discount or providing documentation of at least three
  758  comparable alternatives demonstrating the unavoidable higher
  759  expense. However, an employee may expend his or her own funds
  760  for any lodging expenses in excess of $150 per day.
  761         (6) Notwithstanding per diem and travel expenses authorized
  762  pursuant s. 112.061, funds of Enterprise Florida, Inc., may not
  763  be expended for food, beverages, lodging, entertainment, or
  764  gifts for employees of Enterprise Florida, Inc., board members
  765  of Enterprise Florida, Inc., or employees of a tourist or
  766  economic development entity that receives revenue from a tax
  767  imposed pursuant to s. 125.0104, s. 125.0108, or s. 212.0305. An
  768  employee or board member of Enterprise Florida, Inc., may not
  769  accept or receive food, beverages, lodging, entertainment, or
  770  gifts from a tourist or economic development entity that
  771  receives revenue from a tax imposed pursuant to s. 125.0104, s.
  772  125.0108, or s. 212.0305, or from any private or public vendor.
  773         Section 12. Subsection (1) and paragraph (b) of subsection
  774  (2) of section 288.92, Florida Statutes, are amended to read:
  775         288.92 Divisions of Enterprise Florida, Inc.—
  776         (1) Enterprise Florida, Inc., may create and dissolve
  777  divisions as necessary to carry out its mission. Each division
  778  shall have distinct responsibilities and complementary missions.
  779  At a minimum, Enterprise Florida, Inc., shall have divisions
  780  related to the following areas:
  781         (a) International Trade and Business Development;
  782         (b) Business Retention and Recruitment;
  783         (c) Tourism Marketing;
  784         (c)(d) Minority Business Development; and
  785         (d)(e) Sports Industry Development.
  786         (2)
  787         (b)1. The following officers and board members are subject
  788  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
  789  112.3143(2):
  790         a. Officers and members of the board of directors of the
  791  divisions of Enterprise Florida, Inc.
  792         b. Officers and members of the board of directors of
  793  subsidiaries of Enterprise Florida, Inc.
  794         c. Officers and members of the board of directors of
  795  corporations created to carry out the missions of Enterprise
  796  Florida, Inc.
  797         d. Officers and members of the board of directors of
  798  corporations with which a division is required by law to
  799  contract to carry out its missions.
  800         2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
  801  and (15); 112.3135; and 112.3143(2) to activities of the
  802  officers and members of the board of directors specified in
  803  subparagraph 1., those persons shall be considered public
  804  officers or employees and the corporation shall be considered
  805  their agency.
  806         3. It is not a violation of s. 112.3143(2) or (4) for the
  807  officers or members of the board of directors of the Florida
  808  Tourism Industry Marketing Corporation to:
  809         a. Vote on the 4-year marketing plan required under s.
  810  288.923 or vote on any individual component of or amendment to
  811  the plan.
  812         b. Participate in the establishment or calculation of
  813  payments related to the private match requirements of s.
  814  288.904(3). The officer or member must file an annual disclosure
  815  describing the nature of his or her interests or the interests
  816  of his or her principals, including corporate parents and
  817  subsidiaries of his or her principal, in the private match
  818  requirements. This annual disclosure requirement satisfies the
  819  disclosure requirement of s. 112.3143(4). This disclosure must
  820  be placed either on the Florida Tourism Industry Marketing
  821  Corporation’s website or included in the minutes of each meeting
  822  of the Florida Tourism Industry Marketing Corporation’s board of
  823  directors at which the private match requirements are discussed
  824  or voted upon.
  825         Section 13. Section 288.923, Florida Statutes, is amended
  826  to read:
  827         288.923 Division of Tourism marketing; definitions;
  828  responsibilities.—
  829         (1) There is created within Enterprise Florida, Inc., the
  830  Division of Tourism Marketing.
  831         (2) As used in this section, the term:
  832         (a) “Tourism marketing” means any effort exercised to
  833  attract domestic and international visitors from outside the
  834  state to destinations in this state and to stimulate Florida
  835  resident tourism to areas within the state.
  836         (b) “Tourist” means any person who participates in trade or
  837  recreation activities outside the county of his or her permanent
  838  residence or who rents or leases transient living quarters or
  839  accommodations as described in s. 125.0104(3)(a).
  840         (c) “County destination marketing organization” means a
  841  public or private agency that is funded by local option tourist
  842  development tax revenues under s. 125.0104, or local option
  843  convention development tax revenues under s. 212.0305, and is
  844  officially designated by a county commission to market and
  845  promote the area for tourism or convention business or, in any
  846  county that has not levied such taxes, a public or private
  847  agency that is officially designated by the county commission to
  848  market and promote the area for tourism or convention business.
  849         (d) “Direct-support organization” means the Florida Tourism
  850  Industry Marketing Corporation.
  851         (2)(3)The Department of Economic Opportunity Enterprise
  852  Florida, Inc., shall contract with the Florida Tourism Industry
  853  Marketing Corporation, a direct-support organization established
  854  in s. 288.1226, to execute tourism promotion and marketing
  855  services, functions, and programs for the state, including, but
  856  not limited to, the activities prescribed by the 4-year
  857  marketing plan. The division shall assist to maintain and
  858  implement the contract.
  859         (3)(4) The department’s division’s responsibilities and
  860  duties include, but are not limited to:
  861         (a) Maintaining and implementing the contract with the
  862  Florida Tourism Industry Marketing Corporation.
  863         (b) Ensuring that the corporation develops Advising the
  864  department and Enterprise Florida, Inc., on development of
  865  domestic and international tourism marketing campaigns featuring
  866  Florida.
  867         (c) Developing, in collaboration with the corporation, a 4
  868  year marketing plan.
  869         1. At a minimum, the marketing plan shall discuss the
  870  following:
  871         a. Continuation of overall tourism growth in this state.
  872         b. Expansion to new or under-represented tourist markets.
  873         c. Maintenance of traditional and loyal tourist markets.
  874         d. Coordination of efforts with county destination
  875  marketing organizations, other local government marketing
  876  groups, privately owned attractions and destinations, and other
  877  private sector partners to create a seamless, four-season
  878  advertising campaign for the state and its regions.
  879         e. Development of innovative techniques or promotions to
  880  build repeat visitation by targeted segments of the tourist
  881  population.
  882         f. Consideration of innovative sources of state funding for
  883  tourism marketing.
  884         g. Promotion of nature-based tourism and heritage tourism.
  885         h. Development of a component to address emergency response
  886  to natural and manmade disasters from a marketing standpoint.
  887         2. The plan shall be annual in construction and ongoing in
  888  nature. Any annual revisions of the plan shall carry forward the
  889  concepts of the remaining 3-year portion of the plan and
  890  consider a continuum portion to preserve the 4-year timeframe of
  891  the plan. The plan also shall include recommendations for
  892  specific performance standards and measurable outcomes for the
  893  division and direct-support organization. The department, in
  894  consultation with the board of directors of Enterprise Florida,
  895  Inc., shall base the actual performance metrics on these
  896  recommendations.
  897         3. The 4-year marketing plan shall be developed in
  898  collaboration with the Florida Tourism Industry Marketing
  899  Corporation. The plan shall be annually reviewed and approved by
  900  the department board of directors of Enterprise Florida, Inc.
  901         (d) Drafting and submitting an annual report required by s.
  902  288.92. The annual report shall set forth for the department
  903  division and the direct-support organization:
  904         1. Operations and accomplishments during the fiscal year,
  905  including the economic benefit of the state’s investment and
  906  effectiveness of the marketing plan.
  907         2. The 4-year marketing plan, including recommendations on
  908  methods for implementing and funding the plan.
  909         3. The assets and liabilities of the direct-support
  910  organization at the end of its most recent fiscal year.
  911         4. A copy of the annual financial and compliance audit
  912  conducted under s. 288.1226(7) 288.1226(6).
  913         (5) Notwithstanding s. 288.92, the division shall be
  914  staffed by the Florida Tourism Industry Marketing Corporation.
  915  Such staff shall not be considered to be employees of the
  916  division and shall remain employees of the Florida Tourism
  917  Industry Marketing Corporation. Section 288.905 does not apply
  918  to the Florida Tourism Industry Marketing Corporation.
  919         (4)(6) This section is repealed October 1, 2019, unless
  920  reviewed and saved from repeal by the Legislature.
  921         Section 14. Notwithstanding s. 290.016, Florida Statutes,
  922  enterprise zone boundaries in existence before December 31,
  923  2015, are preserved for the purpose of allowing local
  924  governments to administer local incentive programs within these
  925  boundaries through December 31, 2020, except for eligible
  926  contiguous multi-phase projects in which at least one
  927  certificate of use or occupancy has been issued before December
  928  31, 2015 and which project will then vest the remaining project
  929  phases until completion, but no later than December 31, 2025.
  930         Section 15. This act shall take effect July 1, 2017.
  931  
  932  ================= T I T L E  A M E N D M E N T ================
  933  And the title is amended as follows:
  934         Delete everything before the enacting clause
  935  and insert:
  936                        A bill to be entitled                      
  937         An act relating to economic programs; amending s.
  938         11.45, F.S.; authorizing the Auditor General to audit
  939         the corporation; authorizing the corporation to enter
  940         into an agreement with the Department of Economic
  941         Opportunity for certain purposes and to use certain
  942         funds; providing legislative intent; authorizing the
  943         Florida Tourism Industry Marketing Corporation to
  944         enter into an agreement with the Department of
  945         Economic Opportunity for specified purposes;
  946         authorizing the corporation to use certain funds for
  947         the original purposes for which the funds were
  948         received; providing legislative intent; amending s.
  949         272.11, F.S.; transferring responsibility for the
  950         Capitol information center from Enterprise Florida,
  951         Inc., to the department; authorizing the department to
  952         contract with VISIT Florida for the management and
  953         operation of the center; amending s. 288.017, F.S.;
  954         authorizing the department, rather than Enterprise
  955         Florida, Inc., to establish and operate a cooperative
  956         advertising matching grants program; authorizing the
  957         department to contract with VISIT Florida to
  958         administer such program; requiring the department,
  959         rather than Enterprise Florida, Inc., to conduct an
  960         annual competitive selection process for the award of
  961         program grants; removing a requirement that the
  962         department consider certain recommendations from
  963         Enterprise Florida, Inc., in evaluating program grant
  964         applications; amending s. 288.1226, F.S.; providing
  965         that the corporation is a direct-support organization
  966         of the department, rather than Enterprise Florida,
  967         Inc.; revising the purposes for which the corporation
  968         is an agency; requiring the corporation to comply with
  969         certain per diem and travel expense provisions;
  970         providing corporation board members and officers with
  971         certain voting authority; requiring such officers and
  972         members to file a certain annual disclosure; requiring
  973         that such disclosure be placed on the corporation’s
  974         website; authorizing reimbursement for per diem and
  975         travel expenses for corporation board members;
  976         requiring such expenses to be paid out of corporation
  977         funds; subjecting certain contracts to specified
  978         notice and review procedures; prohibiting the
  979         execution of certain contracts; limiting the amount of
  980         compensation paid to corporation officers, agents, and
  981         employees; prohibiting certain performance bonuses and
  982         severance pay; requiring the corporation to appoint
  983         its president and chief executive officer, subject to
  984         Senate confirmation; prohibiting the corporation from
  985         creating or establishing certain entities and
  986         expending certain funds that benefit only one entity;
  987         requiring a one-to-one match of private to public
  988         contributions to the corporation; providing private
  989         contribution categories to use when calculating such
  990         match; prohibiting certain contributions from being
  991         considered private contributions for purposes of such
  992         match; requiring the reversion of unmatched public
  993         contributions to the state treasury by a certain date
  994         annually; requiring a quarterly report to the
  995         department; requiring the corporation to provide
  996         certain data to the Office of Economic and Demographic
  997         Research; prohibiting the expenditure of corporation
  998         funds for certain purposes; prohibiting the acceptance
  999         or receipt of certain items or services from certain
 1000         entities; removing a public records exemption;
 1001         limiting certain expenses of corporation employees;
 1002         providing an exception; specifying a procedure for the
 1003         release of appropriated funds; providing that the
 1004         corporation is a governmental entity and subject to
 1005         the Transparency Florida Act; requiring the inclusion
 1006         of specified information in certain corporation
 1007         contracts and on the corporation’s website; requiring
 1008         specified functionality of the corporation’s website;
 1009         requiring marketing partners to provide annual reports
 1010         containing specified financial data to the
 1011         corporation; conforming provisions to changes made by
 1012         the act; amending s. 288.12265, F.S.; transferring
 1013         responsibility for administering and operating welcome
 1014         centers from Enterprise Florida, Inc., to the
 1015         department; amending s. 288.124, F.S.; authorizing
 1016         VISIT Florida, rather than Enterprise Florida, Inc.,
 1017         to establish a convention grants program and
 1018         guidelines governing the award of program grants and
 1019         the administration of such program; amending s.
 1020         288.901, F.S.; providing that Enterprise Florida,
 1021         Inc., board members serve without compensation but are
 1022         entitled to certain per diem and travel expenses;
 1023         requiring such expenses to be paid from Enterprise
 1024         Florida, Inc., funds; amending s. 288.903, F.S.;
 1025         requiring Enterprise Florida, Inc., to submit certain
 1026         proposed contracts for notice and review; prohibiting
 1027         Enterprise Florida, Inc., from executing a proposed
 1028         contract under certain circumstances; providing
 1029         applicability; prohibiting Enterprise Florida, Inc.,
 1030         from creating or establishing any other entity,
 1031         corporation, or direct-support organization unless
 1032         authorized by law; requiring Enterprise Florida, Inc.,
 1033         to comply with certain per diem and travel expenses;
 1034         amending s. 288.904, F.S.; providing that certain
 1035         contributions from specified entities are not
 1036         considered private contributions for specified
 1037         purposes; deleting provisions relating to certain
 1038         marketing and advertising activities requiring a one
 1039         to-one match of private to public contributions within
 1040         a certain timeframe; providing that Enterprise
 1041         Florida, Inc., is a governmental entity for specified
 1042         purposes and is subject to the Transparency Florida
 1043         Act; providing requirements for certain contracts
 1044         entered into between Enterprise Florida, Inc., and any
 1045         other entity; requiring certain partners of Enterprise
 1046         Florida, Inc., to annually report certain financial
 1047         date to Enterprise Florida, Inc.; requiring Enterprise
 1048         Florida, Inc., to post specified information on its
 1049         website; providing requirements for the website;
 1050         amending s. 288.905, F.S.; providing that the
 1051         president of the board of directors of Enterprise
 1052         Florida, Inc., serves subject to confirmation by the
 1053         Senate instead of the Governor; prohibiting employees,
 1054         including an officer, agent, the president, and the
 1055         chief executive officer of Enterprise Florida, Inc.,
 1056         from receiving public compensation for employment over
 1057         a certain amount; prohibiting certain payments and
 1058         performance bonuses or severance pay under certain
 1059         circumstances; limiting certain lodging expenses;
 1060         prohibiting funds of Enterprise Florida, Inc., from
 1061         being uses for certain expenses; prohibiting employees
 1062         and board members of Enterprise Florida, Inc., from
 1063         accepting or receiving certain gifts from certain
 1064         entities; amending s. 288.92, F.S.; removing a
 1065         requirement that Enterprise Florida, Inc., include a
 1066         division related to tourism marketing; conforming
 1067         provisions to changes made by the act; amending s.
 1068         288.923, F.S.; terminating the Division of Tourism
 1069         Marketing created within Enterprise Florida, Inc.;
 1070         transferring duties and authority to contract with the
 1071         corporation from Enterprise Florida, Inc., to the
 1072         department; conforming a provision to changes made by
 1073         the act; preserving certain enterprise zone boundaries
 1074         for a specified timeframe for specified purposes;
 1075         providing an effective date.