Florida Senate - 2017                                    SB 1632
       By Senator Torres
       15-01321-17                                           20171632__
    1                        A bill to be entitled                      
    2         An act relating to call center jobs; creating s.
    3         559.952, F.S.; providing a short title; creating s.
    4         559.9521, F.S.; defining terms; creating s. 559.9522,
    5         F.S.; requiring certain call centers that intend to
    6         relocate out of state, in whole or in part, to notify
    7         the Department of Business and Professional Regulation
    8         before a specified date; providing a penalty for
    9         failing to provide such notice; requiring the
   10         department to compile a semiannual list of employers
   11         that relocate call centers out of state; creating s.
   12         559.9523, F.S.; providing that employers named on the
   13         list are ineligible for certain state grants, loans,
   14         or tax benefits for 5 years; requiring such employers
   15         to remit the remaining prorated value of any state
   16         grant, loan, or tax benefit to the department under
   17         certain circumstances; providing exceptions; creating
   18         s. 559.9524, F.S.; requiring the head of each state
   19         agency to ensure that certain services are performed
   20         in-state by state contractors or their agents or
   21         subcontractors; providing a timeframe by which certain
   22         contractors or their agents or subcontractors must
   23         comply with the act; requiring grandfathered
   24         contractors to comply with the act under certain
   25         circumstances; creating s. 559.9525, F.S.; specifying
   26         that this act may not be construed to allow the
   27         withholding or denial of certain payments,
   28         compensation, or benefits; providing a directive to
   29         the Division of Law Revision and Information;
   30         providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 559.952, Florida Statutes, is created to
   35  read:
   36         559.952Short title.—This act may be cited as the “Save
   37  Florida Call Center Jobs Act of 2017.”
   38         Section 2. Section 559.9521, Florida Statutes, is created
   39  to read:
   40         559.9521 Definitions.—As used in this act, the term:
   41         (1) “Call center or employer” means any business enterprise
   42  that employs 50 or more individuals who in the aggregate work at
   43  least 1,500 hours per week, not including hours of overtime, for
   44  the purpose of providing customer service or conducting back
   45  office operations.
   46         (2) “Department” means the Department of Business and
   47  Professional Regulation.
   48         Section 3. Section 559.9522, Florida Statutes, is created
   49  to read:
   50         559.9522 Call centers intending to move out of state.—
   51         (1) NOTICE REQUIREMENT.—An employer that intends to
   52  relocate a Florida call center out of state, or one or more
   53  facilities or operating units within a call center comprising at
   54  least 30 percent of the call center’s, or operating unit’s,
   55  total volume when measured against the previous 12-month average
   56  call volume of operations or substantially similar operations,
   57  must notify the department at least 120 days before such
   58  relocation.
   59         (2) PENALTY.—An employer that violates subsection (1) is
   60  subject to a civil penalty of up to $10,000 per day for each day
   61  the violation continues; however, the department may reduce the
   62  penalty amount if just cause is shown.
   63         (3) LIST COMPILATION.—The department shall compile a
   64  semiannual list of all employers that relocate a Florida call
   65  center, or one or more facilities or operating units within a
   66  call center comprising at least 30 percent of the call center’s
   67  total volume of operations, out of the state.
   68         Section 4. Section 559.9523, Florida Statutes, is created
   69  to read:
   70         559.9523 Grants and guaranteed loans.—
   71         (1) INELIGIBILITY.–Except as provided in subsection (3) and
   72  notwithstanding any other law, an employer named on the list
   73  described in s. 559.9522 is ineligible for any direct or
   74  indirect state grants, state-guaranteed loans, or tax benefits
   75  for 5 years after the date such list is published.
   76         (2) REVERSION.—Except as provided in subsection (3) and
   77  notwithstanding any other law, an employer named on the list
   78  described in s. 559.9522 shall remit to the department the
   79  remaining prorated value of any state grant, state-guaranteed
   80  loan, tax benefit, or any other state governmental support it
   81  has received on or after the effective date of this act.
   82         (3) EXCEPTIONS.—The department, in consultation with the
   83  appropriate state agency providing a loan or grant, may waive
   84  the ineligibility requirement in subsection (1) if the employer
   85  applying for such loan, grant, or benefit demonstrates that
   86  returning such loan, grant, or benefit would result in:
   87         (a) Substantial job loss in this state; or
   88         (b) Harm to the environment.
   89         Section 5. Section 559.9524, Florida Statutes, is created
   90  to read:
   91         559.9524 In-state procurement.—The head of each state
   92  agency shall ensure that all state-business-related call center
   93  and customer service work is performed by state contractors or
   94  their agents or subcontractors entirely within the state. State
   95  contractors who currently perform state-business-related call
   96  center and customer service work outside the state have 2 years
   97  after the effective date of this act to comply with this act,
   98  provided that if any such grandfathered contractors add customer
   99  service employees who will perform work on state agency
  100  contracts, those new employees must immediately be employed
  101  within the state.
  102         Section 6. Section 559.9525, Florida Statutes, is created
  103  to read:
  104         559.9525 State benefits for workers.—This act may not be
  105  construed to allow withholding or denial of payments,
  106  compensation, or benefits under any other state law, including
  107  state unemployment compensation, disability payments, or worker
  108  retraining or readjustment funds, to workers employed by
  109  employers that relocate out of this state.
  110         Section 7. The Division of Law Revision and Information is
  111  directed to replace the phrase “the effective date of this act”
  112  wherever it occurs in this act with the date the act becomes
  113  effective.
  114         Section 8. This act shall take effect 180 days after
  115  becoming a law.