Florida Senate - 2019 SB 1474 By Senator Torres 15-01446-19 20191474__ 1 A bill to be entitled 2 An act relating to workforce retention; creating s. 3 559.952, F.S.; providing a short title; creating s. 4 559.9521, F.S.; providing definitions; creating s. 5 559.9522, F.S.; requiring certain employers that 6 intend to relocate out of state or cease operation to 7 notify the Department of Business and Professional 8 Regulation within a specified period; providing a 9 civil penalty; requiring the department to compile a 10 semiannual list of employers that relocate out of 11 state or cease operation; creating s. 559.9523, F.S.; 12 providing that such employers are ineligible for state 13 grants, loans, or tax benefits for a specified period; 14 requiring such employers to remit certain funds to the 15 department under certain circumstances; providing 16 exceptions; creating s. 559.9524, F.S.; requiring the 17 head of each state agency to ensure that certain 18 services are performed by state contractors within the 19 state; requiring compliance by certain contractors by 20 a specified date; creating s. 559.9525, F.S.; 21 providing construction; providing a directive to the 22 Division of Law Revision; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 559.952, Florida Statutes, is created to 27 read: 28 559.952 Short title.—Sections 559.952-559.9525 may be cited 29 as the “Florida Jobs Retention Act of 2019.” 30 Section 2. Section 559.9521, Florida Statutes, is created 31 to read: 32 559.9521 Definitions.—As used in this act, the term: 33 (1) “Employer” means a business enterprise that: 34 (a) Has been in operation in this state for at least 6 35 months; 36 (b) Employs 75 or more individuals who, in the aggregate, 37 work at least 1,500 hours per week, not including hours of 38 overtime, for the purpose of providing customer service or 39 conducting back-office operations; and 40 (c) Receives any direct or indirect state grant, state 41 guaranteed loan, or state tax benefit. 42 (2) “Department” means the Department of Business and 43 Professional Regulation. 44 Section 3. Section 559.9522, Florida Statutes, is created 45 to read: 46 559.9522 Employers intending to relocate out of state or 47 cease operation.— 48 (1) NOTICE REQUIREMENT.—An employer that intends to: 49 (a) Relocate a Florida business, or one or more facilities 50 or operating units within such business comprising at least 30 51 percent of the business’s or operating unit’s total volume when 52 measured against the previous 12-month average volume of 53 operations, out of the state; or 54 (b) Cease operation of such business, facilities, or 55 operating units 56 57 must notify the department at least 180 days before such 58 relocation or cessation. 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 employer failed to provide the notice required under 62 subsection (1). However, the department may reduce the penalty 63 amount if just cause is shown. 64 (3) LIST COMPILATION.—The department shall compile and 65 publish on its website a semiannual list of all employers that 66 relocate or cease operation as described in subsection (1). 67 Section 4. Section 559.9523, Florida Statutes, is created 68 to read: 69 559.9523 Grants and guaranteed loans.— 70 (1) INELIGIBILITY.—Except as provided in subsection (3) and 71 notwithstanding any other law, an employer included on the list 72 described in s. 559.9522 is ineligible for any direct or 73 indirect state grant, state-guaranteed loan, or state tax 74 benefit for 5 years after the date such list is published. 75 (2) REVERSION.—Except as provided in subsection (3) and 76 notwithstanding any other law, an employer included on the list 77 described in s. 559.9522 shall remit to the department the 78 remaining prorated value of any state grant, state-guaranteed 79 loan, state tax benefit, or any other state governmental support 80 received on or after the effective date of this act. 81 (3) EXCEPTIONS.—The department, in consultation with the 82 appropriate state agency providing a loan, grant, or tax 83 benefit, may waive the requirements of this section if the 84 employer applying for such loan, grant, or benefit demonstrates 85 that returning such loan, grant, or benefit would result in: 86 (a) Substantial job loss in this state; or 87 (b) Harm to the environment. 88 Section 5. Section 559.9524, Florida Statutes, is created 89 to read: 90 559.9524 In-state procurement.—The head of each state 91 agency shall ensure that all state-business-related customer 92 service work is performed by state contractors or their agents 93 or subcontractors entirely within the state. A state contractor 94 who currently performs state-business-related customer service 95 work outside the state must comply with this act within 2 years 96 after the effective date of this act. If such a contractor hires 97 additional customer service employees who will perform work on 98 state agency contracts, those new employees must immediately be 99 employed within the state. 100 Section 6. Section 559.9525, Florida Statutes, is created 101 to read: 102 559.9525 State benefits for workers.—This act may not be 103 construed to allow withholding or denial of payments, 104 compensation, or benefits under any other state law, including 105 state unemployment compensation, disability payments, or worker 106 retraining or readjustment funds, to workers employed by 107 employers that relocate out of this state or that cease 108 operation. 109 Section 7. The Division of Law Revision is directed to 110 replace the phrase “the effective date of this act” wherever it 111 occurs in this act with the date the act becomes effective. 112 Section 8. This act shall take effect 240 days after 113 becoming a law.