Florida Senate - 2024                                    SB 1056
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-01297-24                                           20241056__
    1                        A bill to be entitled                      
    2         An act relating to economic development in gaming
    3         concentrated counties; creating s. 288.401, F.S.;
    4         providing a short title; creating s. 288.402, F.S.;
    5         providing legislative findings and intent; creating s.
    6         288.403, F.S.; defining terms; creating s. 288.404,
    7         F.S.; creating Prospect Del Vista, Inc., as a
    8         nonprofit corporation which is not a unit or entity of
    9         the state government; requiring Prospect Del Vista,
   10         Inc., to create and administer an investment fund for
   11         a certain purpose in a certain manner; providing for
   12         the principal of the fund; requiring Prospect Del
   13         Vista, Inc., to establish a trust account for a
   14         certain purpose; providing for the reversion of
   15         certain funds to the State Treasury in certain
   16         circumstances; requiring Prospect Del Vista, Inc., to
   17         invest and reinvest the principal of the investment
   18         fund in a certain manner; requiring the board of
   19         directors to formulate a certain investment policy;
   20         requiring Prospect Del Vista, Inc., to competitively
   21         procure one or more money managers; providing
   22         requirements for such money managers; providing for
   23         the deduction of certain costs and fees from
   24         investment fund earnings; requiring an annual audit of
   25         the investment fund; requiring Prospect Del Vista,
   26         Inc., to provide certain biannual reports to the
   27         Governor and the Legislature; requiring the Auditor
   28         General to annually audit the investment fund and
   29         Prospect Del Vista, Inc.; creating s. 288.405, F.S.;
   30         providing that Prospect Del Vista, Inc., is subject to
   31         certain public records and meetings requirements;
   32         providing for the board of directors of Prospect Del
   33         Vista, Inc.; providing for appointments, terms, and
   34         the filling of vacancies of board members; subjecting
   35         the board members to certain requirements and
   36         postemployment restrictions; providing criminal
   37         penalties; requiring board members to file certain
   38         financial disclosures; authorizing board members to
   39         receive reimbursement for certain travel and per diem
   40         expenses; providing that each board member is
   41         responsible for certain duties; providing for removal
   42         of a board member in certain circumstances; requiring
   43         the board of directors to meet at least quarterly for
   44         certain purposes; requiring the Secretary of Commerce
   45         and the Secretary of Environmental Protection, or
   46         their designees, to be available for a certain
   47         purpose; authorizing Prospect Del Vista, Inc., to hire
   48         or contract for certain staff; requiring Prospect Del
   49         Vista, Inc., to retain certain staff; providing
   50         requirements for such staff; creating s. 288.406,
   51         F.S.; providing powers of the Prospect Del Vista,
   52         Inc., board of directors; creating s. 288.407, F.S.;
   53         providing the duties of Prospect Del Vista, Inc.;
   54         creating s. 288.408, F.S.; authorizing Prospect Del
   55         Vista, Inc., to make certain awards to certain
   56         projects or programs; authorizing awards for certain
   57         purposes; requiring Prospect Del Vista, Inc., to
   58         establish an application procedure and a scoring
   59         process that gives priority to projects and programs
   60         that meet certain requirements; authorizing Prospect
   61         Del Vista, Inc., to make awards in a certain manner;
   62         requiring certain contracts to include certain
   63         provisions; creating s. 288.409, F.S.; requiring that
   64         the scope of certain audits include funds awarded by
   65         Prospect Del Vista, Inc.; requiring the Auditor
   66         General to conduct a certain operational audit
   67         biennially; providing the scope of review of such
   68         audits; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Section 288.401, Florida Statutes, is created to
   73  read:
   74         288.401Short title.—Sections 288.401-288.409 may be cited
   75  as the “Prospect Del Vista Infrastructure and Investment Act.”
   76         Section 2. Section 288.402, Florida Statutes, is created to
   77  read:
   78         288.402Prospect Del Vista, Inc.; legislative intent.—The
   79  Legislature recognizes that supporting counties affected by
   80  increased density because of a concentration of licensed pari
   81  mutuel facilities to ensure goals for economic improvement and
   82  variation are achieved is in the best interest of the citizens
   83  of the state. The Legislature intends to provide a long-term
   84  source of funding for efforts of economic improvement and
   85  augmentation in gaming concentrated counties. The Legislature
   86  finds that it is important to help businesses, individuals, and
   87  local governments in counties affected by increased density
   88  because of a concentration of licensed gaming facilities.
   89         Section 3. Section 288.403, Florida Statutes, is created to
   90  read:
   91         288.403Definitions.—As used in this act, the term:
   92         (1)“Awardee” means a person, organization, or local
   93  government granted an award of funds from the investment fund
   94  for a project or program.
   95         (2)“Earnings” means all the income generated by
   96  investments and interest.
   97         (3)“Gaming concentrated county” means any county with five
   98  or more operating Florida licensed pari-mutuel permitholders.
   99         (4)“Investment fund” means a trust account established by
  100  Prospect Del Vista, Inc., for the benefit of gaming concentrated
  101  counties.
  102         Section 4. Section 288.404, Florida Statutes, is created to
  103  read:
  104         288.404Prospect Del Vista, Inc.; investment fund;
  105  creation; investment.—
  106         (1)There is created a nonprofit corporation, to be known
  107  as Prospect Del Vista, Inc., which shall be registered,
  108  incorporated, organized, and operated in compliance with chapter
  109  617, and which is not a unit or entity of state government.
  110  Prospect Del Vista, Inc., may receive, hold, invest, and
  111  administer the investment fund in support of this act. Prospect
  112  Del Vista, Inc., is not subject to control, supervision, or
  113  direction by the Department of Commerce in any manner,
  114  including, but not limited to, personnel, purchasing,
  115  transactions involving real or personal property, and budgetary
  116  matters.
  117         (2)Prospect Del Vista, Inc., must create and administer
  118  the investment fund for the benefit of gaming concentrated
  119  counties. The principal of the fund shall derive from general
  120  revenue. The amount deposited into the fund from general revenue
  121  shall equal the difference in slot machine revenue tax paid to
  122  the Florida Gaming Control Commission collected from all
  123  licensed pari-mutuel facilities in the year immediately before
  124  and each subsequent year after a county becomes a gaming
  125  concentrated county.
  126         (3)The investment fund must be maintained as a long-term
  127  and stable source of revenue for gaming concentrated counties.
  128  Prospect Del Vista, Inc., shall establish a trust account at a
  129  federally insured financial institution to hold funds and make
  130  deposits and payments. Earnings generated by investments and
  131  interest of the fund, plus the amount of principal available
  132  each year, must be available to make awards pursuant to this act
  133  and pay administrative costs. Earnings must be accounted for
  134  separately from principal funds set forth in subsection (2).
  135  Administrative costs are limited to 2.25 percent of the earnings
  136  in a calendar year. Administrative costs include payment of
  137  investment fees, travel and per diem expenses of board members,
  138  audits, salary or other costs for employed or contracted staff,
  139  including required staff under s. 288.405(9), and other
  140  allowable costs. If the investment fund is dissolved, any funds
  141  remaining shall revert to the State Treasury.
  142         (4)Prospect Del Vista, Inc., shall invest and reinvest the
  143  principal of the investment fund in accordance with s. 617.2104
  144  in a manner that does not subject the funds to state or federal
  145  taxes and is consistent with an investment policy statement
  146  adopted by the corporation.
  147         (a)The board of directors shall formulate an investment
  148  policy governing the investment of the principal of the
  149  investment fund. The policy shall pertain to the types, kinds,
  150  or nature of investment of any of the funds, and any
  151  limitations, conditions, or restrictions upon the methods,
  152  practices, or procedures for investment, reinvestments,
  153  purchases, sales, or exchange transactions, provided such
  154  policies shall not conflict with nor be in derogation of any
  155  state constitutional provision or law. The policy shall be
  156  formulated with the advice of the financial advisor in
  157  consultation with the State Board of Administration.
  158         (b)Prospect Del Vista, Inc., must competitively procure
  159  one or more money managers, under the advice of the financial
  160  advisor in consultation with the State Board of Administration,
  161  to invest the principal of the investment fund. The applicant
  162  manager or managers may not include representatives from the
  163  financial institution housing the trust account for the
  164  investment fund. The applicant manager or managers must present
  165  a plan to invest the investment fund to maximize earnings while
  166  prioritizing the preservation of investment fund principal. Any
  167  agreement with a money manager must be reviewed by Prospect Del
  168  Vista, Inc., for continuance at least every 5 years. Plans must
  169  include investment in technology and growth businesses domiciled
  170  in, or that will be domiciled in, this state or businesses for
  171  which their principal addresses are in this state.
  172         (c)Costs and fees for investment services must be deducted
  173  from the earnings as administrative costs. Fees for investment
  174  services may not be greater than 150 basis points.
  175         (d)Annually, Prospect Del Vista, Inc., shall cause an
  176  audit to be conducted of the investment of the investment fund
  177  by the independent certified public accountant retained as
  178  provided in s. 288.405. The expense of such audit shall be paid
  179  from earnings for administrative purposes.
  180         (5)Prospect Del Vista, Inc., shall biannually on June 30
  181  and December 30 provide a report to the Governor, the President
  182  of the Senate, and the Speaker of the House of Representatives
  183  on the financial status of the investment fund and its
  184  investments, the established priorities, the project and program
  185  selection process, including a list of all submitted projects
  186  and reasons for approval or denial, and the status of all
  187  approved awards.
  188         (6)The Auditor General shall annually conduct an audit of
  189  the investment fund and Prospect Del Vista, Inc. Prospect Del
  190  Vista, Inc., shall provide to the Auditor General any detail or
  191  supplemental data required.
  192         Section 5. Section 288.405, Florida Statutes, is created to
  193  read:
  194         288.405Prospect Del Vista, Inc., organization; board of
  195  directors.—
  196         (1)Prospect Del Vista, Inc., is subject to the provisions
  197  of chapter 119 relating to public records and of chapter 286
  198  relating to public meetings and records.
  199         (2)Prospect Del Vista, Inc., shall be governed by a five
  200  member board of directors. The President of the Senate and the
  201  Speaker of the House of Representatives shall each appoint two
  202  members from the private sector. The Governor shall appoint one
  203  member from the private sector. The board of directors shall
  204  annually elect a chairperson from among the board’s members. The
  205  chairperson may be removed by a majority vote of the members.
  206  His or her successor shall be elected to serve for the balance
  207  of the removed chairperson’s term. The chairperson is
  208  responsible to ensure records are kept of the proceedings of the
  209  board of directors and is the custodian of all books, documents,
  210  and papers filed with the board; the minutes of meetings of the
  211  board; and the official seal of Prospect Del Vista, Inc.
  212         (3)Each member of the board of directors shall serve for a
  213  term of 4 years, except that initially one of the appointments
  214  of the President of the Senate and of the Speaker of the House
  215  of Representatives shall serve a term of 2 years to achieve
  216  staggered terms among the members of the board. A member is not
  217  eligible for reappointment to the board, except that any member
  218  appointed to a term of 2 years or less may be reappointed for an
  219  additional term of 4 years. The initial appointments to the
  220  board must be made by November 15, 2024. A vacancy on the board
  221  of directors shall be filled by the officer who originally
  222  appointed the member. A vacancy that occurs before the scheduled
  223  expiration of the term of the member shall be filled for the
  224  remainder of the unexpired term.
  225         (4)The Legislature determines that it is in the public
  226  interest for the members of the board of directors to be subject
  227  to the requirements of ss. 112.3135, 112.3143, and 112.313,
  228  notwithstanding the fact that the board members are not public
  229  officers or employees. For purposes of those sections, the board
  230  members shall be considered to be public officers or employees.
  231  In addition to the postemployment restrictions of s. 112.313(9),
  232  a person appointed to the board of directors must agree to
  233  refrain from having any direct interest in any contract,
  234  franchise, privilege, project, program, or other benefit arising
  235  from an award by Prospect Del Vista, Inc., during the term of
  236  his or her appointment and for 2 years after the termination of
  237  such appointment. It is a misdemeanor of the first degree,
  238  punishable as provided in s. 775.082 or s. 775.083, for a person
  239  to accept appointment to the board of directors in violation of
  240  this subsection or to accept a direct interest in any contract,
  241  franchise, privilege, project, program, or other benefit granted
  242  by Prospect Del Vista, Inc., to an awardee within 2 years after
  243  the termination of his or her service on the board. Further,
  244  each member of the board of directors who is not otherwise
  245  required to file financial disclosure under s. 8, Art. II of the
  246  State Constitution or s. 112.3144 shall file disclosure of
  247  financial interests under s. 112.3145.
  248         (5)Each member of the board of directors shall serve
  249  without compensation, but may be reimbursed for travel and per
  250  diem expenses as provided in s. 112.061 incurred in the
  251  performance of his or her duties.
  252         (6)Each member of the board of directors is accountable
  253  for the proper performance of the duties of office, and each
  254  member owes a fiduciary duty to the people of the state to
  255  ensure that awards provided are disbursed and used, and
  256  investments are made, as prescribed by law and contract. An
  257  appointed member of the board of directors may be removed by the
  258  officer that appointed the member for malfeasance, misfeasance,
  259  neglect of duty, incompetence, permanent inability to perform
  260  official duties, unexcused absence from three consecutive
  261  meetings of the board, arrest or indictment for a crime that is
  262  a felony or a misdemeanor involving theft or a crime of
  263  dishonesty, or pleading nolo contendere to, or being found
  264  guilty of, any crime.
  265         (7)The board of directors shall meet at least quarterly,
  266  upon the call of the chairperson or at the request of a majority
  267  of the membership, to review the investment fund, establish and
  268  review priorities for economic improvement and augmentation in
  269  gaming concentrated counties, and determine use of the earnings
  270  available. A majority of the members of the board of directors
  271  constitutes a quorum. Members may not vote by proxy.
  272         (8)The Secretary of Commerce, or his or her designee, and
  273  the Secretary of Environmental Protection, or his or her
  274  designee, must be available to consult with the board of
  275  directors and may be requested to attend meetings of the board
  276  of directors. These individuals may not vote on any matter
  277  before the board.
  278         (9)(a)Prospect Del Vista, Inc., may hire or contract for
  279  all staff necessary to the proper execution of its powers and
  280  duties. The corporation must retain:
  281         1.An independent certified public accountant licensed in
  282  this state pursuant to chapter 473 to inspect the records of and
  283  to audit the expenditure of the earnings and available principal
  284  disbursed by Prospect Del Vista, Inc.
  285         2.An independent financial advisor to assist Prospect Del
  286  Vista, Inc., in the development and implementation of a
  287  strategic plan consistent with the requirements of this act.
  288         3.An economic advisor to assist in the award process,
  289  including the development of priorities, allocation decisions,
  290  and the application and process; assist the board in determining
  291  eligibility of award applications and the evaluation and scoring
  292  of applications; and assist in the development of award
  293  documentation.
  294         4.A legal advisor with expertise in not-for-profit
  295  investing and contracting and who is a member of The Florida Bar
  296  to assist with contracting and carrying out the intent of this
  297  act.
  298         (b)Prospect Del Vista, Inc., shall require all employees
  299  of the corporation to comply with the code of ethics for public
  300  employees under part III of chapter 112. Staff retained under
  301  paragraph (a) must agree to refrain from having any direct
  302  interest in any contract, franchise, privilege, project,
  303  program, or other benefit arising from an award by Prospect Del
  304  Vista, Inc., during the term of his or her appointment and for 2
  305  years after the termination of such appointment.
  306         (c)Staff retained under paragraph (a) must be available to
  307  consult with the board of directors and must attend meetings of
  308  the board of directors. These individuals may not vote on any
  309  matter before the board.
  310         Section 6. Section 288.406, Florida Statutes, is created to
  311  read:
  312         288.406Prospect Del Vista, Inc., board of directors;
  313  powers.—In addition to the powers and duties prescribed in
  314  chapter 617 and the articles and bylaws adopted in compliance
  315  with that chapter, the Prospect Del Vista, Inc., board of
  316  directors may:
  317         (1)Make and enter into contracts and other instruments
  318  necessary or convenient for the exercise of its powers and
  319  functions.
  320         (2)Make expenditures including any necessary
  321  administrative expenditure from earnings consistent with its
  322  powers.
  323         (3)Adopt, use, and alter a common corporate seal.
  324  Notwithstanding any provision of chapter 617 to the contrary,
  325  this seal is not required to contain the words “corporation not
  326  for profit.”
  327         (4)Adopt, amend, and repeal bylaws, not inconsistent with
  328  the powers granted to the corporation or the articles of
  329  incorporation, for the administration of the activities of
  330  Prospect Del Vista, Inc., and the exercise of its corporate
  331  powers.
  332         (5)Notwithstanding s. 15.03, use the state seal when
  333  appropriate for standard corporate identity applications. Use of
  334  the state seal is not intended to replace use of a corporate
  335  seal as provided in subsection (3).
  336  
  337  The credit of the State of Florida may not, under any
  338  circumstances, be pledged on behalf of Prospect Del Vista, Inc.
  339         Section 7. Section 288.407, Florida Statutes, is created to
  340  read:
  341         288.407Prospect Del Vista, Inc.; duties.—Prospect Del
  342  Vista, Inc., has the following duties:
  343         (1)Manage responsibly and prudently all funds received,
  344  and ensure that the use of such funds is in accordance with
  345  applicable laws, bylaws, and contractual requirements.
  346         (2)Administer the program created under this act.
  347         (3)Monitor, review, and annually evaluate awardees and
  348  their projects or programs to determine whether an award should
  349  be continued, terminated, reduced, or increased.
  350         (4)Operate in a transparent manner by maintaining a
  351  website that provides public access to information, notice of
  352  meetings, awards, and the status of projects and programs.
  353         Section 8. Section 288.408, Florida Statutes, is created to
  354  read:
  355         288.408Prospect Del Vista, Inc., awards.—
  356         (1)Prospect Del Vista, Inc., shall make awards from
  357  available earnings and principal derived under s. 288.404(2) to
  358  projects or programs that meet the priorities for economic
  359  improvement and augmentation in gaming concentrated counties.
  360  Awards may be provided for any of the following:
  361         (a)Ad valorem tax reduction within gaming concentrated
  362  counties.
  363         (b)Payment of impact fees adopted pursuant to s. 163.31801
  364  and imposed within gaming concentrated counties.
  365         (c)Administrative funding for economic development
  366  organizations located within gaming concentrated counties.
  367         (d)Local match requirements of ss. 288.0655 and 288.0659
  368  for projects in gaming concentrated counties.
  369         (e)Economic development projects in gaming concentrated
  370  counties.
  371         (f)Infrastructure projects that are shown to enhance
  372  economic improvement and augmentation in gaming concentrated
  373  counties.
  374         (g)Grants to local governments in gaming concentrated
  375  counties to establish and maintain equipment and trained
  376  personnel for local action plans of response to respond to
  377  disasters, such as plans created for the Coastal Impacts
  378  Assistance Program.
  379         (h)Grants to support programs of excellence that prepare
  380  students for future occupations and careers at K-20 institutions
  381  that have home campuses in gaming concentrated counties.
  382  Eligible programs include those that increase students’
  383  technology skills and knowledge; encourage industry
  384  certifications; provide rigorous, alternative pathways for
  385  students to meet high school graduation requirements; strengthen
  386  career readiness initiatives; fund high-demand programs of
  387  emphasis at the bachelor’s and master’s level designated by the
  388  Board of Governors; and, similar to or the same as talent
  389  retention programs created by the Chancellor of the State
  390  University System, Chancellor of the Florida College System, and
  391  the Commissioner of Education, encourage students with interest
  392  or aptitude for science, technology, engineering, mathematics,
  393  and medical disciplines to pursue postsecondary education at a
  394  state university within gaming concentrated counties.
  395         (i)Grants to the tourism entity created under s. 288.1226
  396  for the purpose of advertising and promoting tourism, Fresh From
  397  Florida, or related content on behalf of gaming concentrated
  398  counties.
  399         (2)Prospect Del Vista, Inc., shall establish an
  400  application procedure for awards and a scoring process for the
  401  selection of projects and programs that have the potential to
  402  generate increased economic activity in gaming concentrated
  403  counties, giving priority to projects and programs that:
  404         (a)Generate maximum estimated economic benefits, based on
  405  tools and models not generally employed by economic input-output
  406  analyses, including cost-benefit, return-on-investment, or
  407  dynamic scoring techniques to determine how the long-term
  408  economic growth potential of the gaming concentrated counties
  409  may be enhanced by the investment.
  410         (b)Increase household income in the gaming concentrated
  411  counties.
  412         (c)Expand high-growth industries or establish new high
  413  growth industries in gaming concentrated counties.
  414         1.Industries that are supported must have strong growth
  415  potential in gaming concentrated counties.
  416         2.An industry’s growth potential is defined based on a
  417  detailed review of the current industry trends nationally and
  418  the necessary supporting asset base for that industry in gaming
  419  concentrated counties.
  420         (d)Leverage or further enhance key regional assets,
  421  including educational institutions, research facilities, and
  422  military bases.
  423         (e)Partner with local governments to provide funds,
  424  infrastructure, land, or other assistance for projects.
  425         (f)Have investment commitments from private equity or
  426  private venture capital funds.
  427         (g)Provide or encourage seed stage investments in startup
  428  companies.
  429         (h)Provide advice and technical assistance to companies on
  430  restructuring existing management, operations, or production to
  431  attract advantageous business opportunities.
  432         (i)Benefit the environment in addition to the economy.
  433         (j)Provide outcome measures for programs of excellence
  434  support, including terms of intent and metrics.
  435         (k)Partner with K-20 educational institutions or school
  436  districts located within gaming concentrated counties.
  437         (l)Partner with convention and visitor bureaus, tourist
  438  development councils, or chambers of commerce located within
  439  gaming concentrated counties.
  440         (3)Prospect Del Vista, Inc., may make awards as
  441  applications are received or may establish application periods
  442  for selection. Awards may not be used to finance 100 percent of
  443  any project or program. Prospect Del Vista, Inc., may require a
  444  one-to-one private-sector match or higher for an award, if
  445  applicable and deemed prudent by the board of directors. An
  446  awardee may not receive all of the earnings or available
  447  principal in any given year.
  448         (4)A contract executed by Prospect Del Vista, Inc., with
  449  an awardee must include provisions requiring a performance
  450  report on the contracted activities, must account for the proper
  451  use of funds provided under the contract, and must include
  452  provisions for recovery of awards in the event the award was
  453  based upon fraudulent information or the awardee does not meet
  454  the performance requirements of the award. Awardees must
  455  regularly report to Prospect Del Vista, Inc., regarding the
  456  status of the project or program on a schedule determined by the
  457  corporation.
  458         Section 9. Section 288.409, Florida Statutes, is created to
  459  read:
  460         288.409Gaming concentrated county audits.—
  461         (1)The scope of a financial audit conducted pursuant to s.
  462  218.39 shall include any funds awarded under s. 288.408. The
  463  scope of review includes, but is not limited to, compliance with
  464  state laws related to the receipt and expenditure of such funds.
  465         (2)Every 2 years, the Auditor General shall conduct an
  466  operational audit as defined in s. 11.45 of a local government
  467  entity’s funds awarded under s. 288.408 to evaluate the local
  468  government entity’s performance in administering laws, policies,
  469  and procedures governing the expenditure of funds awarded under
  470  s. 288.408 in an efficient and effective manner. The scope of
  471  review includes, but is not limited to, evaluating internal
  472  controls, internal audit functions, reporting and performance
  473  requirements required for use of the funds, and compliance with
  474  state law. The audit shall include any funds the local
  475  government entity receives or expends which were awarded under
  476  s. 288.408.
  477         Section 10. This act shall take effect upon becoming a law.