Senate Bill 2548
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    Florida Senate - 2000                                  SB 2548
    By Senator Kirkpatrick
    5-1495A-00
  1                      A bill to be entitled
  2         An act relating to economic development;
  3         amending s. 14.2015, F.S.; eliminating
  4         administrative responsibility of the Office of
  5         Tourism, Trade, and Economic Development for
  6         the sports franchise facility program, the
  7         professional golf hall of fame facility
  8         program, the Regional Rural Development Grants
  9         Program, the Certified Capital Company Act, and
10         the Florida State Rural Development Council;
11         eliminating authority for the Office of
12         Tourism, Trade, and Economic Development to
13         enter into contracts in connection with duties
14         relating to the Florida First Business Bond
15         Pool, the Certified Capital Company Act, and
16         foreign offices; conforming terminology;
17         amending s. 159.8083, F.S.; providing for
18         Enterprise Florida, Inc., to recommend Florida
19         First Business projects to the Office of
20         Tourism, Trade, and Economic Development;
21         providing for consultation; amending s.
22         288.012, F.S.; revising the authority of the
23         Office of Tourism, Trade, and Economic
24         Development to establish foreign offices;
25         providing for the office to approve the
26         establishment and operation of such offices by
27         Enterprise Florida, Inc., and the Florida
28         Commission on Tourism; providing for foreign
29         offices to submit updated operating plans and
30         activity reports; amending s. 288.018, F.S.;
31         providing for Enterprise Florida, Inc., to
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    Florida Senate - 2000                                  SB 2548
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  1         administer the Regional Rural Development
  2         Grants Program and make recommendations for
  3         approval by the Office of Tourism, Trade, and
  4         Economic Development; amending s. 288.1162,
  5         F.S.; providing for a specified direct-support
  6         organization to administer the professional
  7         sports franchises and spring training
  8         franchises facilities programs; providing for
  9         final approval of decisions under such programs
10         by the Office of Tourism, Trade, and Economic
11         Development; amending s. 288.1168, F.S.;
12         deleting obsolete provisions relating to
13         certification of the professional golf hall of
14         fame; providing for a specified direct-support
15         organization to administer that program;
16         amending s. 288.1169, F.S.; providing for a
17         specified direct-support organization to
18         administer the certification program for the
19         International Game Fish Association World
20         Center facility; providing for annual
21         verification of attendance and sales tax
22         revenue projections; transferring, renumbering,
23         and amending s. 288.1185, F.S.; assigning
24         administrative responsibility for the Recycling
25         Markets Advisory Committee to the Department of
26         Environmental Protection; amending s. 288.1223,
27         F.S.; authorizing the Governor to designate a
28         person to serve on the Florida Commission on
29         Tourism and as the chair of the commission;
30         amending s. 288.1226, F.S.; providing for the
31         appointment of the president of the Florida
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    Florida Senate - 2000                                  SB 2548
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  1         Tourism Industry Marketing Corporation and
  2         specifying that the president serves at the
  3         pleasure of the Governor; amending s. 288.1229,
  4         F.S.; requiring an annual report on the status
  5         of specified sports projects; amending s.
  6         288.1251, F.S.; renaming the Office of the Film
  7         Commissioner the Governor's Office of Film and
  8         Entertainment; renaming the Film Commissioner
  9         as the Commissioner of Film and Entertainment;
10         amending s. 288.1252, F.S.; renaming the
11         Florida Film Advisory Council the Florida Film
12         and Entertainment Advisory Council; amending s.
13         288.1253, F.S., relating to travel and
14         entertainment expenses; conforming terminology;
15         amending s. 288.901, F.S.; correcting a
16         cross-reference; providing that the Governor's
17         designee may serve as chairperson of the board
18         of directors of Enterprise Florida, Inc.;
19         specifying that at-large members of the board
20         of directors of Enterprise Florida, Inc., shall
21         not have voting authority; amending s.
22         288.9015, F.S.; requiring Enterprise Florida,
23         Inc., to use specified programs to facilitate
24         economic development; amending s. 288.980,
25         F.S.; providing for Enterprise Florida, Inc.,
26         to administer defense grant programs and make
27         recommendations to the Office of Tourism,
28         Trade, and Economic Development on approval of
29         grant awards; amending s. 288.99, F.S.;
30         assigning responsibility for ongoing
31         administration of the Certified Capital Company
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    Florida Senate - 2000                                  SB 2548
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  1         Act to the Department of Banking and Finance;
  2         amending s. 373.4149, F.S.; removing the
  3         director of the Office of Tourism, Trade, and
  4         Economic Development from the membership of the
  5         Miami-Dade County Lake Belt Plan Implementation
  6         Committee; authorizing the Institute of Food
  7         and Agricultural Sciences to contract and
  8         receive money to support the Florida State
  9         Rural Development Council; repealing s.
10         288.039, F.S., relating to the Employing and
11         Training Our Youths (ENTRY) program; providing
12         an effective date.
13
14  Be It Enacted by the Legislature of the State of Florida:
15
16         Section 1.  Subsection (2) of section 14.2015, Florida
17  Statutes, is amended to read:
18         14.2015  Office of Tourism, Trade, and Economic
19  Development; creation; powers and duties.--
20         (2)  The purpose of the Office of Tourism, Trade, and
21  Economic Development is to assist the Governor in working with
22  the Legislature, state agencies, business leaders, and
23  economic development professionals to formulate and implement
24  coherent and consistent policies and strategies designed to
25  provide economic opportunities for all Floridians.  To
26  accomplish such purposes, the Office of Tourism, Trade, and
27  Economic Development shall:
28         (a)  Contract, notwithstanding the provisions of part I
29  of chapter 287, with the direct-support organization created
30  under s. 288.1229 to guide, stimulate, and promote the sports
31  industry in the state, to promote the participation of
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  1  Florida's citizens in amateur athletic competition, and to
  2  promote Florida as a host for national and international
  3  amateur athletic competitions.
  4         (b)  Monitor the activities of public-private
  5  partnerships and state agencies in order to avoid duplication
  6  and promote coordinated and consistent implementation of
  7  programs in areas including, but not limited to, tourism;
  8  international trade and investment; business recruitment,
  9  creation, retention, and expansion; minority and small
10  business development; and rural community development.
11         (c)  Facilitate the direct involvement of the Governor
12  and the Lieutenant Governor in economic development projects
13  designed to create, expand, and retain Florida businesses and
14  to recruit worldwide business, as well as in other
15  job-creating efforts.
16         (d)  Assist the Governor, in cooperation with
17  Enterprise Florida, Inc., and the Florida Commission on
18  Tourism, in preparing an annual report to the Legislature on
19  the state of the business climate in Florida and on the state
20  of economic development in Florida which will include the
21  identification of problems and the recommendation of
22  solutions.  This report shall be submitted to the President of
23  the Senate, the Speaker of the House of Representatives, the
24  Senate Minority Leader, and the House Minority Leader by
25  January 1 of each year, and it shall be in addition to the
26  Governor's message to the Legislature under the State
27  Constitution and any other economic reports required by law.
28         (e)  Plan and conduct at least one meeting per calendar
29  year of leaders in business, government, and economic
30  development called by the Governor to address the business
31  climate in the state, develop a common vision for the economic
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  1  future of the state, and identify economic development efforts
  2  to fulfill that vision.
  3         (f)1.  Administer the Florida Enterprise Zone Act under
  4  ss. 290.001-290.016, the community contribution tax credit
  5  program under ss. 220.183 and 624.5105, the tax refund program
  6  for qualified target industry businesses under s. 288.106, the
  7  tax-refund program for qualified defense contractors under s.
  8  288.1045, contracts for transportation projects under s.
  9  288.063, the sports franchise facility program under s.
10  288.1162, the professional golf hall of fame facility program
11  under s. 288.1168, the expedited permitting process under s.
12  403.973, the Rural Community Development Revolving Loan Fund
13  under s. 288.065, the Regional Rural Development Grants
14  Program under s. 288.018, the Certified Capital Company Act
15  under s. 288.99, the Florida State Rural Development Council,
16  the Rural Economic Development Initiative, and other programs
17  that are specifically assigned to the office by law, by the
18  appropriations process, or by the Governor. Notwithstanding
19  any other provisions of law, the office may expend interest
20  earned from the investment of program funds deposited in the
21  Economic Development Trust Fund, the Grants and Donations
22  Trust Fund, the Brownfield Property Ownership Clearance
23  Assistance Revolving Loan Trust Fund, and the Economic
24  Development Transportation Trust Fund to contract for the
25  administration of the programs, or portions of the programs,
26  enumerated in this paragraph or assigned to the office by law,
27  by the appropriations process, or by the Governor. Such
28  expenditures shall be subject to review under chapter 216.
29         2.  The office may enter into contracts in connection
30  with the fulfillment of its duties concerning the Florida
31  First Business Bond Pool under chapter 159, tax incentives
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  1  under chapters 212 and 220, tax incentives under the Certified
  2  Capital Company Act in chapter 288, foreign offices under
  3  chapter 288, the Enterprise Zone program under chapter 290,
  4  the Seaport Employment Training program under chapter 311, the
  5  Florida Professional Sports Team License Plates under chapter
  6  320, Spaceport Florida under chapter 331, Expedited Permitting
  7  under chapter 403, and in carrying out other functions that
  8  are specifically assigned to the office by law, by the
  9  appropriations process, or by the Governor.
10         (g)  Serve as contract administrator for the state with
11  respect to contracts with Enterprise Florida, Inc., the
12  Florida Commission on Tourism, and all direct-support
13  organizations under this act, excluding those relating to
14  tourism.  To accomplish the provisions of this act and
15  applicable provisions of chapter 288, and notwithstanding the
16  provisions of part I of chapter 287, the office shall enter
17  into specific contracts with Enterprise Florida, Inc., the
18  Florida Commission on Tourism, and other appropriate
19  direct-support organizations. Such contracts may be multiyear
20  and shall include specific performance measures for each year.
21         (h)  Provide administrative oversight for the
22  Governor's Office of the Film and Entertainment Commissioner,
23  created under s. 288.1251, to develop, promote, and provide
24  services to the state's entertainment industry and to
25  administratively house the Florida Film and Entertainment
26  Advisory Council created under s. 288.1252.
27         (i)  Prepare and submit as a separate budget entity a
28  unified budget request for tourism, trade, and economic
29  development in accordance with chapter 216 for, and in
30  conjunction with, Enterprise Florida, Inc., and its boards,
31  the Florida Commission on Tourism and its direct-support
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    Florida Senate - 2000                                  SB 2548
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  1  organization, the Florida Black Business Investment Board, the
  2  Governor's Office of the Film and Entertainment Commissioner,
  3  and the direct-support organization created to promote the
  4  sports industry.
  5         (j)  Adopt rules, as necessary, to carry out its
  6  functions in connection with the administration of the
  7  Qualified Target Industry program, the Qualified Defense
  8  Contractor program, the Certified Capital Company Act, the
  9  Enterprise Zone program, and the Florida First Business Bond
10  pool.
11         Section 2.  Section 159.8083, Florida Statutes, is
12  amended to read:
13         159.8083  Florida First Business allocation pool.--The
14  Florida First Business allocation pool is hereby established.
15  The Florida First Business allocation pool shall be available
16  solely to provide written confirmation for private activity
17  bonds to finance Florida First Business projects recommended
18  by Enterprise Florida, Inc., and certified by the Office of
19  Tourism, Trade, and Economic Development as eligible to
20  receive a written confirmation. Allocations from such pool
21  shall be awarded statewide pursuant to procedures specified in
22  s. 159.805, except that the provisions of s. 159.805(2), (3),
23  and (6) do not apply. Florida First Business projects that are
24  eligible for a carryforward shall not lose their allocation on
25  November 16 if they have applied and have been granted a
26  carryforward.  In issuing written confirmations of allocations
27  for Florida First Business projects, the division shall use
28  the Florida First Business allocation pool. If allocation is
29  not available from the Florida First Business allocation pool,
30  the division shall issue written confirmations of allocations
31  for Florida First Business projects pursuant to s. 159.806 or
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    Florida Senate - 2000                                  SB 2548
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  1  s. 159.807, in such order.  For the purpose of determining
  2  priority within a regional allocation pool or the state
  3  allocation pool, notices of intent to issue bonds for Florida
  4  First Business projects to be issued from a regional
  5  allocation pool or the state allocation pool shall be
  6  considered to have been received by the division at the time
  7  it is determined by the division that the Florida First
  8  Business allocation pool is unavailable to issue confirmation
  9  for such Florida First Business project.  If the total amount
10  requested in notices of intent to issue private activity bonds
11  for Florida First Business projects exceeds the total amount
12  of the Florida First Business allocation pool, the director
13  shall forward all timely notices of intent to issue, which are
14  received by the division for such projects, to the Office of
15  Tourism, Trade, and Economic Development which shall render a
16  decision as to which notices of intent to issue are to receive
17  written confirmations. The Office of Tourism, Trade, and
18  Economic Development, in consultation with the division and
19  Enterprise Florida, Inc., shall develop rules to ensure that
20  the allocation provided in such pool is available solely to
21  provide written confirmations for private activity bonds to
22  finance Florida First Business projects and that such projects
23  are feasible and financially solvent.
24         Section 3.  Section 288.012, Florida Statutes, is
25  amended to read:
26         288.012  State of Florida foreign offices.--The
27  Legislature finds that the expansion of international trade
28  and tourism is vital to the overall health and growth of the
29  economy of this state. This expansion is hampered by the lack
30  of technical and business assistance, financial assistance,
31  and information services for businesses in this state. The
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  1  Legislature finds that these businesses could be assisted by
  2  providing these services at State of Florida foreign offices.
  3  The Legislature further finds that the accessibility and
  4  provision of services at these offices can be enhanced through
  5  cooperative agreements or strategic alliances between state
  6  entities, local entities, foreign entities, and private
  7  businesses.
  8         (1)(a)  The Office of Tourism, Trade, and Economic
  9  Development is authorized to:
10         (a)  approve the establishment and operation by
11  Enterprise Florida, Inc., and the Florida Commission on
12  Tourism of Establish and operate offices in foreign countries
13  for the purpose of promoting the trade and economic
14  development of the state, and promoting the gathering of trade
15  data information and research on trade opportunities in
16  specific countries.
17         (b)  Enterprise Florida, Inc., and the Florida
18  Commission on Tourism, as agents for the Office of Tourism,
19  Trade, and Economic Development, may enter into agreements
20  with governmental and private sector entities to establish and
21  operate offices in foreign countries containing provisions
22  which may be in conflict with general laws of the state
23  pertaining to the purchase of office space, employment of
24  personnel, and contracts for services. When agreements
25  pursuant to this section are made which set compensation in
26  foreign currency, such agreements shall be subject to the
27  requirements of s. 215.425, but the purchase of foreign
28  currency by the Office of Tourism, Trade, and Economic
29  Development to meet such obligations shall be subject only to
30  s. 216.311.
31
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  1         (c)  By September 1, 1997, the Office of Tourism,
  2  Trade, and Economic Development shall develop a plan for the
  3  disposition of the current foreign offices and the development
  4  and location of additional foreign offices.  The plan shall
  5  include, but is not limited to, a determination of the level
  6  of funding needed to operate the current offices and any
  7  additional offices and whether any of the current offices need
  8  to be closed or relocated. Enterprise Florida, Inc., the
  9  Florida Tourism Commission, the Florida Ports Council, the
10  Department of State, the Department of Citrus, and the
11  Department of Agriculture shall assist the Office of Tourism,
12  Trade, and Economic Development in the preparation of the
13  plan.  All parties shall cooperate on the disposition or
14  establishment of the offices and ensure that needed space,
15  technical assistance, and support services are provided to
16  such entities at such foreign offices.
17         (2)  By June 30, 1998, each foreign office shall have
18  in place an operational plan approved by the participating
19  boards or other governing authority, a copy of which shall be
20  provided to the Office of Tourism, Trade, and Economic
21  Development.  These operating plans shall be reviewed and
22  updated each fiscal year and submitted annually thereafter to
23  Enterprise Florida, Inc., or the Florida Commission on Tourism
24  for review and approval. The plans shall include, at a
25  minimum, the following:
26         (a)  Specific policies and procedures encompassing the
27  entire scope of the operation and management of each office.
28         (b)  A comprehensive, commercial strategic plan
29  identifying marketing opportunities and industry sector
30  priorities for the foreign country or area in which a foreign
31  office is located.
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  1         (c)  Provisions for access to information for Florida
  2  businesses through the Florida Trade Data Center.  Each
  3  foreign office shall obtain and forward trade leads and
  4  inquiries to the center on a regular basis as called for in
  5  the plan pursuant to paragraph (1)(c).
  6         (d)  Identification of new and emerging market
  7  opportunities for Florida businesses.  Each foreign office
  8  shall provide the Florida Trade Data Center with a compilation
  9  of foreign buyers and importers in industry sector priority
10  areas annually on an annual basis. In return, the Florida
11  Trade Data Center shall make available to each foreign office,
12  and to the entities identified in paragraph (1)(c), trade
13  industry, commodity, and opportunity information as specified
14  in the plan required in that paragraph.  This information
15  shall be provided to the offices and the entities identified
16  in paragraph (1)(c) either free of charge or on a fee basis
17  with fees set only to recover the costs of providing the
18  information.
19         (e)  Provision of access for Florida businesses to the
20  services of the Florida Trade Data Center, international trade
21  assistance services provided by state and local entities,
22  seaport and airport information, and other services identified
23  in the plan pursuant to paragraph (1)(c).
24         (f)  Qualitative and quantitative performance measures
25  for each office including, but not limited to, the number of
26  businesses assisted, the number of trade leads and inquiries
27  generated, the number of foreign buyers and importers
28  contacted, and the amount and type of marketing conducted.
29         (3)  By October 1 of each year, each foreign office
30  shall submit to Enterprise Florida, Inc., or the Florida
31  Commission on Tourism the Office of Tourism, Trade, and
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  1  Economic Development a complete and detailed report on its
  2  activities and accomplishments during the preceding fiscal
  3  year. In a format provided by Enterprise Florida, Inc., the
  4  report must set forth information on:
  5         (a)  The number of Florida companies assisted.
  6         (b)  The number of inquiries received about investment
  7  opportunities in this state.
  8         (c)  The number of trade leads generated.
  9         (d)  The number of investment projects announced.
10         (e)  The estimated U.S. dollar value of sales
11  confirmations.
12         (f)  The number of representation agreements.
13         (g)  The number of company consultations.
14         (h)  Barriers or other issues affecting the effective
15  operation of the office.
16         (i)  Changes in office operations which are planned for
17  the current fiscal year.
18         (j)  Marketing activities conducted.
19         (k)  Strategic alliances formed with organizations in
20  the country in which the office is located.
21         (l)  Activities conducted with other Florida foreign
22  offices.
23         (m)  Any other information that the office believes
24  would contribute to an understanding of its activities.
25         (4)  The Office of Tourism, Trade, and Economic
26  Development, in connection with the establishment, operation,
27  and management of any of the its offices located in a foreign
28  country, is exempt from the provisions of ss. 255.21, 255.25,
29  and 255.254 relating to leasing of buildings; ss. 283.33 and
30  283.35 relating to bids for printing; ss. 287.001-287.20
31  relating to purchasing and motor vehicles; and ss.
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  1  282.003-282.111 relating to communications, and from all
  2  statutory provisions relating to state employment.
  3         (a)  Such exemptions The Office of Tourism, Trade, and
  4  Economic Development may be exercised exercise such exemptions
  5  only upon prior approval of the Governor.
  6         (b)  If approval for an exemption under this section is
  7  granted as an integral part of a plan of operation for a
  8  specified foreign office, such action shall constitute
  9  continuing authority for the Office of Tourism, Trade, and
10  Economic Development to exercise of the exemption, but only in
11  the context and upon the terms originally granted. Any
12  modification of the approved plan of operation with respect to
13  an exemption contained therein must be resubmitted to the
14  Governor for his or her approval. An approval granted to
15  exercise an exemption in any other context shall be restricted
16  to the specific instance for which the exemption is to be
17  exercised.
18         (c)  As used in this subsection, the term "plan of
19  operation" means the plan developed pursuant to subsection
20  (2).
21         (d)  Upon final action by the Governor with respect to
22  a request to exercise the exemption authorized in this
23  subsection, the Office of Tourism, Trade, and Economic
24  Development shall report such action, along with the original
25  request and any modifications thereto, to the President of the
26  Senate and the Speaker of the House of Representatives within
27  30 days.
28         (5)  Where feasible and appropriate, and subject to s.
29  288.1224(10), foreign offices established and operated under
30  this section may provide one-stop access to the economic
31  development, trade, and tourism information, services, and
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  1  programs of the state.  Where feasible and appropriate, and
  2  subject to s. 288.1224(10), such offices may also be
  3  collocated with other foreign offices of the state.
  4         (6)  The Office of Tourism, Trade, and Economic
  5  Development is authorized to make and to enter into contracts
  6  with Enterprise Florida, Inc., and the Florida Commission on
  7  Tourism to carry out the provisions of this section.  The
  8  authority, duties, and exemptions provided in this section
  9  apply to Enterprise Florida, Inc., and the Florida Commission
10  on Tourism to the same degree and subject to the same
11  conditions as applied to the Office of Tourism, Trade, and
12  Economic Development. To the greatest extent possible, such
13  contracts shall include provisions for cooperative agreements
14  or strategic alliances between state entities, foreign
15  entities, local entities, and private businesses to operate
16  foreign offices.
17         Section 4.  Section 288.018, Florida Statutes, is
18  amended to read:
19         288.018  Regional Rural Development Grants Program.--
20         (1)  Enterprise Florida, Inc., shall administer The
21  Office of Tourism, Trade, and Economic Development shall
22  establish a matching grant program to provide funding to
23  regionally based economic development organizations
24  representing rural counties and communities for the purpose of
25  building the professional capacity of their organizations.
26  Upon recommendation by Enterprise Florida, Inc., the Office of
27  Tourism, Trade, and Economic Development is authorized to
28  approve, on an annual basis, grants to such regionally based
29  economic development organizations. The maximum amount an
30  organization may receive in any year will be $35,000, or
31  $100,000 in a rural area of critical economic concern
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  1  recommended by the Rural Economic Development Initiative and
  2  designated by the Governor, and must be matched each year by
  3  an equivalent amount of nonstate resources.
  4         (2)  In recommending the awards for funding, Enterprise
  5  Florida, Inc., approving the participants, the Office of
  6  Tourism, Trade, and Economic Development shall consider the
  7  demonstrated need of the applicant for assistance and require
  8  the following:
  9         (a)  Documentation of official commitments of support
10  from each of the units of local government represented by the
11  regional organization.
12         (b)  Demonstration that each unit of local government
13  has made a financial or in-kind commitment to the regional
14  organization.
15         (c)  Demonstration that the private sector has made
16  financial or in-kind commitments to the regional organization.
17         (d)  Demonstration that the organization is in
18  existence and actively involved in economic development
19  activities serving the region.
20         (e)  Demonstration of the manner in which the
21  organization is or will coordinate its efforts with those of
22  other local and state organizations.
23         (3)  The Office of Tourism, Trade, and Economic
24  Development may approve awards expend up to a total of
25  $600,000 each fiscal year from funds appropriated to the Rural
26  Community Development Revolving Loan Fund for the purposes
27  outlined in this section.
28         Section 5.  Subsections (1), (2), (4), (6), (8), and
29  (10) of section 288.1162, Florida Statutes, are amended to
30  read:
31
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  1         288.1162  Professional sports franchises; spring
  2  training franchises; duties.--
  3         (1)  The direct-support organization authorized under
  4  s. 288.1229 Office of Tourism, Trade, and Economic Development
  5  shall serve as the state agency for screening applicants and
  6  shall make recommendations to the Office of Tourism, Trade,
  7  and Economic Development for state funding pursuant to s.
  8  212.20 and for certifying an applicant as a "facility for a
  9  new professional sports franchise," a "facility for a retained
10  professional sports franchise," or a "new spring training
11  franchise facility." The Office of Tourism, Trade, and
12  Economic Development shall have the final approval for any
13  decision under this section.
14         (2)  The direct-support organization authorized under
15  s. 288.1229 Office of Tourism, Trade, and Economic Development
16  shall develop guidelines rules for the receipt and processing
17  of applications for funding pursuant to s. 212.20.
18         (4)  Prior to certifying an applicant as a "facility
19  for a new professional sports franchise" or a "facility for a
20  retained professional sports franchise," the direct-support
21  organization authorized under s. 288.1229 Office of Tourism,
22  Trade, and Economic Development must determine that:
23         (a)  A "unit of local government" as defined in s.
24  218.369 is responsible for the construction, management, or
25  operation of the professional sports franchise facility or
26  holds title to the property on which the professional sports
27  franchise facility is located.
28         (b)  The applicant has a verified copy of a signed
29  agreement with a new professional sports franchise for the use
30  of the facility for a term of at least 10 years, or in the
31
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  1  case of a retained professional sports franchise, an agreement
  2  for use of the facility for a term of at least 20 years.
  3         (c)  The applicant has a verified copy of the approval
  4  from the governing authority of the league in which the new
  5  professional sports franchise exists authorizing the location
  6  of the professional sports franchise in this state after April
  7  1, 1987, or in the case of a retained professional sports
  8  franchise, verified evidence that it has had a
  9  league-authorized location in this state on or before December
10  31, 1976. The term "league" means the National League or the
11  American League of Major League Baseball, the National
12  Basketball Association, the National Football League, or the
13  National Hockey League.
14         (d)  The applicant has projections, verified by the
15  direct-support organization Office of Tourism, Trade, and
16  Economic Development, which demonstrate that the new or
17  retained professional sports franchise will attract a paid
18  attendance of more than 300,000 annually.
19         (e)  The applicant has an independent analysis or
20  study, verified by the direct-support organization Office of
21  Tourism, Trade, and Economic Development, which demonstrates
22  that the amount of the revenues generated by the taxes imposed
23  under chapter 212 with respect to the use and operation of the
24  professional sports franchise facility will equal or exceed $2
25  million annually.
26         (f)  The municipality in which the facility for a new
27  or retained professional sports franchise is located, or the
28  county if the facility for a new or retained professional
29  sports franchise is located in an unincorporated area, has
30  certified by resolution after a public hearing that the
31  application serves a public purpose.
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  1         (g)  The applicant has demonstrated that it has
  2  provided, is capable of providing, or has financial or other
  3  commitments to provide more than one-half of the costs
  4  incurred or related to the improvement and development of the
  5  facility.
  6         (h)  No applicant previously certified under any
  7  provision of this section who has received funding under such
  8  certification shall be eligible for an additional
  9  certification.
10         (6)  Prior to certifying an applicant as a "new spring
11  training franchise facility," the direct-support organization
12  authorized under s. 288.1229 Office of Tourism, Trade, and
13  Economic Development must determine that:
14         (a)  A "unit of local government" as defined in s.
15  218.369 is responsible for the construction, management, or
16  operation of the new spring training franchise facility or
17  holds title to the property on which the new spring training
18  franchise facility is located.
19         (b)  The applicant has a verified copy of a signed
20  agreement with a new spring training franchise for the use of
21  the facility for a term of at least 15 years.
22         (c)  The applicant has a financial commitment to
23  provide 50 percent or more of the funds required by an
24  agreement for the use of the facility by the new spring
25  training franchise.
26         (d)  The proposed facility for the new spring training
27  franchise is located within 20 miles of an interstate or other
28  limited-access highway system.
29         (e)  The applicant has projections, verified by the
30  direct-support organization Office of Tourism, Trade, and
31  Economic Development, which demonstrate that the new spring
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  1  training franchise facility will attract a paid attendance of
  2  at least 50,000 annually.
  3         (f)  The new spring training franchise facility is
  4  located in a county that is levying a tourist development tax
  5  pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate
  6  of 4 percent by March 1, 1992, and, 87.5 percent of the
  7  proceeds from such tax are dedicated for the construction of a
  8  spring training complex.
  9         (8)  The direct-support organization authorized under
10  s. 288.1229 Office of Tourism, Trade, and Economic Development
11  shall notify the Department of Revenue of any facility
12  certified as a facility for a new professional sports
13  franchise or a facility for a retained professional sports
14  franchise or as a new spring training franchise facility.  The
15  direct-support organization Office of Tourism, Trade, and
16  Economic Development may certify no more than eight facilities
17  as facilities for a new professional sports franchise, as
18  facilities for a retained professional sports franchise, or as
19  new spring training franchise facilities, including in such
20  total any facilities certified by the Department of Commerce
21  before July 1, 1996, and by the Office of Tourism, Trade, and
22  Economic Development before July 1, 2000. The office may make
23  No more than one certification may be made for any facility.
24         (10)  An applicant shall not be qualified for
25  certification under this section if the franchise formed the
26  basis for a previous certification, unless the previous
27  certification was withdrawn by the facility or invalidated by
28  the direct-support organization authorized under s. 288.1229,
29  the Office of Tourism, Trade, and Economic Development, or the
30  Department of Commerce before any funds were distributed
31  pursuant to s. 212.20. This subsection does not disqualify an
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  1  applicant if the previous certification occurred between May
  2  23, 1993, and May 25, 1993; however, any funds to be
  3  distributed pursuant to s. 212.20 for the second certification
  4  shall be offset by the amount distributed to the previous
  5  certified facility. Distribution of funds for the second
  6  certification shall not be made until all amounts payable for
  7  the first certification have been distributed.
  8         Section 6.  Section 288.1168, Florida Statutes, is
  9  amended to read:
10         288.1168  Professional golf hall of fame facility;
11  duties.--
12         (1)  The Department of Commerce shall serve as the
13  state agency for screening applicants for state funding
14  pursuant to s. 212.20 and for certifying one applicant as the
15  professional golf hall of fame facility in the state.
16         (2)  Prior to certifying the professional golf hall of
17  fame facility, the Department of Commerce must determine that:
18         (a)  The professional golf hall of fame facility is the
19  only professional golf hall of fame in the United States
20  recognized by the PGA Tour, Inc.
21         (b)  The applicant is a unit of local government as
22  defined in s. 218.369 or a private sector group that has
23  contracted to construct or operate the professional golf hall
24  of fame facility on land owned by a unit of local government.
25         (c)  The municipality in which the professional golf
26  hall of fame facility is located, or the county if the
27  facility is located in an unincorporated area, has certified
28  by resolution after a public hearing that the application
29  serves a public purpose.
30
31
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  1         (d)  There are existing projections that the
  2  professional golf hall of fame facility will attract a paid
  3  attendance of more than 300,000 annually.
  4         (e)  There is an independent analysis or study, using
  5  methodology approved by the department, which demonstrates
  6  that the amount of the revenues generated by the taxes imposed
  7  under chapter 212 with respect to the use and operation of the
  8  professional golf hall of fame facility will equal or exceed
  9  $2 million annually.
10         (1)(f)  Prior to certification, the applicant for the
11  certified professional golf hall of fame facility The
12  applicant has submitted an agreement to provide $2 million
13  annually in national and international media promotion of the
14  professional golf hall of fame facility, Florida, and Florida
15  tourism, through the PGA Tour, Inc., or its affiliates, at the
16  then-current commercial rate, during the period of time that
17  the facility receives funds pursuant to s. 212.20. The
18  direct-support organization authorized under s. 288.1229
19  Office of Tourism, Trade, and Economic Development and the PGA
20  Tour, Inc., or its affiliates, must agree annually on a
21  reasonable percentage of advertising specifically allocated
22  for generic Florida advertising. The direct-support
23  organization authorized under s. 288.1229 Office of Tourism,
24  Trade, and Economic Development shall have final approval of
25  all generic advertising. Failure on the part of the PGA Tour,
26  Inc., or its affiliates to annually provide the advertising as
27  provided in this subsection paragraph or subsection (4) (6)
28  shall result in the termination of funding as provided in s.
29  212.20.
30         (g)  Documentation exists that demonstrates that the
31  applicant has provided, is capable of providing, or has
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  1  financial or other commitments to provide more than one-half
  2  of the costs incurred or related to the improvement and
  3  development of the facility.
  4         (h)  The application is signed by an official senior
  5  executive of the applicant and is notarized according to
  6  Florida law providing for penalties for falsification.
  7         (2)(3)  The certified professional golf hall of fame
  8  facility applicant may use funds provided pursuant to s.
  9  212.20 for the public purpose of paying for the construction,
10  reconstruction, renovation, or operation of the professional
11  golf hall of fame facility, or to pay or pledge for payment of
12  debt service on, or to fund debt service reserve funds,
13  arbitrage rebate obligations, or other amounts payable with
14  respect to, bonds issued for the construction, reconstruction,
15  or renovation of the facility or for the reimbursement of such
16  costs or the refinancing of bonds issued for such purpose.
17         (4)  Upon determining that an applicant is or is not
18  certifiable, the Secretary of Commerce shall notify the
19  applicant of his or her status by means of an official letter.
20  If certifiable, the secretary shall notify the executive
21  director of the Department of Revenue and the applicant of
22  such certification by means of an official letter granting
23  certification.  From the date of such certification, the
24  applicant shall have 5 years to open the professional golf
25  hall of fame facility to the public and notify the Office of
26  Tourism, Trade, and Economic Development of such opening.  The
27  Department of Revenue shall not begin distributing funds until
28  30 days following notice by the Office of Tourism, Trade, and
29  Economic Development that the professional golf hall of fame
30  facility is open to the public.
31
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  1         (3)(5)  The Department of Revenue may audit as provided
  2  in s. 213.34 to verify that the distributions under this
  3  section have been expended as required by this section.
  4         (4)(6)  The direct-support organization authorized
  5  under s. 288.1229 Office of Tourism, Trade, and Economic
  6  Development must recertify every 10 years that the facility is
  7  open, continues to be the only professional golf hall of fame
  8  in the United States recognized by the PGA Tour, Inc., and is
  9  meeting the minimum projections for attendance or sales tax
10  revenue as required at the time of original certification.  If
11  the facility is not certified as meeting the minimum
12  projections, the PGA Tour, Inc., shall increase its required
13  advertising contribution of $2 million annually to $2.5
14  million annually in lieu of reduction of any funds as provided
15  by s. 212.20. The additional $500,000 must be allocated in its
16  entirety for the use and promotion of generic Florida
17  advertising as determined by the direct-support organization
18  authorized under s. 288.1229 Office of Tourism, Trade, and
19  Economic Development. If the facility is not open to the
20  public or is no longer in use as the only professional golf
21  hall of fame in the United States recognized by the PGA Tour,
22  Inc., the entire $2.5 million for advertising must be used for
23  generic Florida advertising as determined by the
24  direct-support organization authorized under s. 288.1229
25  Office of Tourism, Trade, and Economic Development.
26         Section 7.  Section 288.1169, Florida Statutes, is
27  amended to read:
28         288.1169  International Game Fish Association World
29  Center facility; department duties.--
30         (1)  The direct-support organization authorized under
31  s. 288.1229 Department of Commerce shall serve as the state
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  1  agency approving applicants for funding pursuant to s. 212.20
  2  and for certifying the applicant as the International Game
  3  Fish Association World Center facility. For purposes of this
  4  section, "facility" means the International Game Fish
  5  Association World Center, and "project" means the
  6  International Game Fish Association World Center and new
  7  colocated improvements by private sector concerns who have
  8  made cash or in-kind contributions to the facility of $1
  9  million or more.
10         (2)  Prior to certifying this facility, the
11  direct-support organization authorized under s. 288.1229
12  department must determine that:
13         (a)  The International Game Fish Association World
14  Center is the only fishing museum, Hall of Fame, and
15  international administrative headquarters in the United States
16  recognized by the International Game Fish Association, and
17  that one or more private sector concerns have committed to
18  donate to the International Game Fish Association land upon
19  which the International Game Fish Association World Center
20  will operate.
21         (b)  International Game Fish Association is a
22  not-for-profit Florida corporation that has contracted to
23  construct and operate the facility.
24         (c)  The municipality in which the facility is located,
25  or the county if the facility is located in an unincorporated
26  area, has certified by resolution after a public hearing that
27  the facility serves a public purpose.
28         (d)  There are existing projections that the
29  International Game Fish Association World Center facility and
30  the colocated facilities of private sector concerns will
31  attract an attendance of more than 1.8 million annually.
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  1         (e)  There is an independent analysis or study, using
  2  methodology approved by the direct-support organization
  3  department, which demonstrates that the amount of the revenues
  4  generated by the taxes imposed under chapter 212 with respect
  5  to the use and operation of the project will exceed $1 million
  6  annually.
  7         (f)  There are existing projections that the project
  8  will attract more than 300,000 persons annually who are not
  9  residents of the state.
10         (g)  The applicant has submitted an agreement to
11  provide $500,000 annually in national and international media
12  promotion of the facility, at the then-current commercial
13  rates, during the period of time that the facility receives
14  funds pursuant to s. 212.20. Failure on the part of the
15  applicant to annually provide the advertising as provided in
16  this paragraph shall result in the termination of the funding
17  as provided in s. 212.20. The applicant can discharge its
18  obligation under this paragraph by contracting with other
19  persons, including private sector concerns who participate in
20  the project.
21         (h)  Documentation exists that demonstrates that the
22  applicant has provided, and is capable of providing, or has
23  financial or other commitments to provide, more than one-half
24  of the cost incurred or related to the improvements and the
25  development of the facility.
26         (i)  The application is signed by senior officials of
27  the International Game Fish Association and is notarized
28  according to Florida law providing for penalties for
29  falsification.
30         (3)  The applicant may use funds provided pursuant to
31  s. 212.20 for the purpose of paying for the construction,
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  1  reconstruction, renovation, promotion, or operation of the
  2  facility, or to pay or pledge for payment of debt service on,
  3  or to fund debt service reserve funds, arbitrage rebate
  4  obligations, or other amounts payable with respect to, bonds
  5  issued for the construction, reconstruction, or renovation of
  6  the facility or for the reimbursement of such costs or by
  7  refinancing of bonds issued for such purposes.
  8         (4)  Upon determining that an applicant is or is not
  9  certifiable, the direct-support organization authorized under
10  s. 288.1229 Department of Commerce shall notify the applicant
11  of its status by means of an official letter.  If certifiable,
12  the direct-support organization Department of Commerce shall
13  notify the executive director of the Department of Revenue and
14  the applicant of such certification by means of an official
15  letter granting certification.  From the date of such
16  certification, the applicant shall have 5 years to open the
17  facility to the public and notify the direct-support
18  organization Department of Commerce of such opening. The
19  Department of Revenue shall not begin distributing funds until
20  30 days following notice by the direct-support organization
21  Department of Commerce that the facility is open to the
22  public.
23         (5)  The Department of Revenue may audit as provided in
24  s. 213.34 to verify that the contributions pursuant to this
25  section have been expended as required by this section.
26         (6)  The direct-support organization authorized under
27  s. 288.1229 Department of Commerce must recertify every 10
28  years that the facility is open, that the International Game
29  Fish Association World Center continues to be the only
30  international administrative headquarters, fishing museum, and
31  Hall of Fame in the United States recognized by the
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  1  International Game Fish Association, and must verify annually
  2  that the project is meeting the minimum projections for
  3  attendance or sales tax revenues as required at the time of
  4  original certification.  If the facility is not recertified
  5  during this 10-year review as meeting the minimum projections,
  6  then funding will be abated until certification criteria are
  7  met.  If the project fails to generate $1 million of annual
  8  revenues pursuant to paragraph (2)(e), the distribution of
  9  revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to
10  an amount equal to $83,333 multiplied by a fraction, the
11  numerator of which is the actual revenues generated and the
12  denominator of which is $1 million.  Such reduction shall
13  remain in effect until revenues generated by the project in a
14  12-month period equal or exceed $1 million.
15         Section 8.  Section 288.1185, Florida Statutes, is
16  transferred, renumbered as section 403.7155, Florida Statutes,
17  and amended to read:
18         403.7155 288.1185  Recycling Markets Advisory
19  Committee.--
20         (1)  There is created the Recycling Markets Advisory
21  Committee, hereinafter referred to as the "committee," to be
22  administratively housed in the Department of Environmental
23  Protection Office of Tourism, Trade, and Economic Development.
24  The purpose of the committee shall be to serve as the
25  mechanism for coordination among state agencies and the
26  private sector to coordinate policy and overall strategic
27  planning for developing new markets and expanding and
28  enhancing existing markets for recovered materials. The
29  committee may not duplicate or replace agency programs, but
30  shall enhance, coordinate, and recommend priorities for those
31  programs.
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  1         (2)(a)  The committee shall consist of 12 members, 10
  2  of whom shall be appointed by the Governor, each of whom is or
  3  has been actively engaged in the recycling industry or a
  4  related business area, including the use of product packaging
  5  materials, or is a local government official with a
  6  demonstrated knowledge of recycling; a member of the House of
  7  Representatives to be appointed by the Speaker of the House of
  8  Representatives, who shall serve without voting rights as an
  9  ex officio member of the committee; and a member of the Senate
10  to be appointed by the President of the Senate, who shall
11  serve without voting rights as an ex officio member of the
12  committee.
13         (b)  Members of the committee shall be appointed within
14  60 days after this section takes effect.
15         (c)  A chairperson shall be appointed by the Governor
16  from among the members of the committee.
17         (d)  The committee shall meet at the call of its
18  chairperson or at the request of a majority of its membership,
19  but at least biannually. A majority of the members shall
20  constitute a quorum, and the affirmative vote of a majority of
21  a quorum is necessary to take official action.
22         (e)  Members of the committee shall serve without
23  compensation but are entitled to receive reimbursement for per
24  diem and travel expenses as provided in s. 112.061.
25         (f)  The committee may appoint ad hoc committees, which
26  may include persons who are not members of the committee, to
27  study recycled materials market development problems and
28  issues and advise the committee on these subjects.  Ad hoc
29  committee members may be reimbursed for per diem and travel
30  expenses as provided in s. 112.061.
31
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  1         (g)  The Department of Environmental Protection Office
  2  of Tourism, Trade, and Economic Development shall coordinate
  3  with agencies listed in paragraph (3)(a) to provide support as
  4  necessary to enable the committee to adequately carry out its
  5  functions.
  6         (3)(a)  The heads of the Department of Transportation,
  7  the Department of Environmental Protection, the Department of
  8  Management Services, the Department of Agriculture and
  9  Consumer Services, the Florida Energy Office, and the Governor
10  shall each designate a staff member from within the agency to
11  serve as the recycling market development liaison for the
12  agency. This person shall have knowledge of recycling and the
13  issues and problems related to recycling and recycled
14  materials market development. This person shall be the primary
15  point of contact for the agency on issues related to recycled
16  materials market development. These liaisons shall be
17  available for committee meetings and shall work closely with
18  the committee and other recycling market development liaisons
19  to further the goals of the committee, as appropriate.
20         (b)  Whenever it is necessary to change the designee,
21  the head of each agency shall notify the Governor in writing
22  of the person designated as the recycling market development
23  liaison for such agency.
24         (4)(a)  By October 1, 1993, the committee shall develop
25  a plan to set goals and provide direction for developing new
26  markets and expanding and enhancing existing markets for
27  recovered materials.
28         (b)  In developing the plan and any needed legislation,
29  the committee shall consider:
30         1.  Developing new markets and expanding and enhancing
31  existing markets for recovered materials.
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  1         2.  Pursuing expanded end uses for recycled materials.
  2         3.  Targeting materials for concentrated market
  3  development efforts.
  4         4.  Developing proposals for new incentives for market
  5  development, particularly focusing on targeted materials.
  6         5.  Providing guidance on issues such as permitting,
  7  finance options for recycling market development, site
  8  location, research and development, grant program criteria for
  9  recycled materials markets, recycling markets education and
10  information, and minimum content.
11         6.  Coordinating the efforts of various government
12  entities with market development responsibilities.
13         7.  Evaluating the need for competitively solicited,
14  cooperative ventures in rural areas for collecting,
15  processing, marketing, and procuring collected materials.
16         8.  Evaluating source-reduced products as they relate
17  to state procurement policy.  The evaluation shall include,
18  but is not limited to, the environmental and economic impact
19  of source-reduced product purchases on the state.  For the
20  purposes of this section, "source-reduced" means any method,
21  process, product, or technology which significantly or
22  substantially reduces the volume or weight of a product while
23  providing, at a minimum, equivalent or generally similar
24  performance and service to and for the users of such
25  materials.
26         (5)  By November 1 of each year, beginning in 1994, the
27  committee shall submit to the Governor, the President of the
28  Senate, and the Speaker of the House of Representatives a
29  complete and detailed report setting forth in appropriate
30  detail the operations and accomplishments of the committee and
31  the activities of existing agencies and programs in support of
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  1  the goals established by the committee, including any
  2  recommendations for statutory changes.
  3         (6)  In order to support the functions of the
  4  committee, the Department of Environmental Protection Office
  5  of Tourism, Trade, and Economic Development may hire staff or
  6  contract with other agencies for staff support and enter into
  7  contracts for support, research, planning, evaluation, and
  8  communication and promotion services.
  9         Section 9.  Paragraphs (a) and (g) of subsection (2) of
10  section 288.1223, Florida Statutes, are amended to read:
11         288.1223  Florida Commission on Tourism; creation;
12  purpose; membership.--
13         (2)(a)  The commission shall consist of the Governor or
14  the Governor's designee and 17 general
15  tourism-industry-related members appointed by the Governor,
16  subject to confirmation by the Senate, and 11 additional
17  tourism-industry-related members, appointed by the Governor no
18  later than July 31, 1996, including 3 representatives from the
19  statewide rental car industry, 3 representatives from
20  tourist-related statewide associations, including those that
21  represent hotels, campgrounds, and attractions, 3
22  representatives from county destination marketing
23  organizations, 1 representative from the cruise industry, and
24  1 representative from the airline industry, who will each
25  serve for a term of 2 years, the Governor, and 2 additional ex
26  officio members, who will serve for a term of 2 years,
27  appointed no later than July 31, 1996, including a member of
28  the Senate appointed by the President of the Senate and a
29  member of the House of Representatives appointed by the
30  Speaker of the House of Representatives.
31
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  1         (g)  The Governor or the Governor's designee shall
  2  serve as chair of the commission. The commission shall
  3  annually elect one of its tourism-industry-related members as
  4  vice chair, who shall preside in the absence of the chair.
  5         Section 10.  Paragraph (f) of subsection (5) of section
  6  288.1226, Florida Statutes, is amended to read:
  7         288.1226  Florida Tourism Industry Marketing
  8  Corporation; use of property; board of directors; duties;
  9  audit.--
10         (5)  POWERS AND DUTIES.--The corporation, in the
11  performance of its duties:
12         (f)  Shall appoint the president of the Florida Tourism
13  Industry Marketing Corporation, who shall serve at the
14  pleasure of the Governor. The president is the chief executive
15  officer of the board of directors and of the corporation and
16  shall direct and supervise the affairs of the corporation. The
17  corporation shall elect or appoint such other officers and
18  agents as its affairs shall require and allow them reasonable
19  compensation.
20         Section 11.  Subsection (10) is added to section
21  288.1229, Florida Statutes, to read:
22         288.1229  Promotion and development of sports-related
23  industries and amateur athletics; direct-support organization;
24  powers and duties.--
25         (10)  The direct-support organization authorized under
26  this section shall provide an annual report to the Office of
27  Tourism, Trade, and Economic Development on the status of the
28  professional golf hall of fame facility certified under s.
29  288.1168 and the level of attendance and sales tax revenue
30  associated with the facility as compared to the minimum
31  projections established at the time the facility was
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  1  certified. This report is due within 30 days after the annual
  2  agreement required under s. 288.1168(1). The direct-support
  3  organization also shall provide by October 1 of each year a
  4  report to the Office of Tourism, Trade, and Economic
  5  Development on the status of the International Game Fish
  6  Association World Center facility certified under s. 288.1169.
  7         Section 12.  Section 288.1251, Florida Statutes, is
  8  amended to read:
  9         288.1251  Promotion and development of entertainment
10  industry; Governor's Office of the Film and Entertainment
11  Commissioner; creation; purpose; powers and duties.--
12         (1)  CREATION.--
13         (a)  There is hereby created within the Office of
14  Tourism, Trade, and Economic Development the Governor's Office
15  of the Film and Entertainment Commissioner for the purpose of
16  developing, marketing, promoting, and providing services to
17  the state's entertainment industry.
18         (b)  The Office of Tourism, Trade, and Economic
19  Development shall conduct a national search for a qualified
20  person to fill the position of Film Commissioner of Film and
21  Entertainment, and the Executive Director of the Office of
22  Tourism, Trade, and Economic Development shall hire the Film
23  commissioner. Guidelines for selection of the Film
24  commissioner shall include, but not be limited to, the Film
25  commissioner having the following:
26         1.  A working knowledge of the equipment, personnel,
27  financial, and day-to-day production operations of the
28  industries to be served by the office;
29         2.  Marketing and promotion experience related to the
30  industries to be served by the office;
31
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  1         3.  Experience working with a variety of individuals
  2  representing large and small entertainment-related businesses,
  3  industry associations, local community entertainment industry
  4  liaisons, and labor organizations; and
  5         4.  Experience working with a variety of state and
  6  local governmental agencies.
  7         (2)  POWERS AND DUTIES.--
  8         (a)  The Governor's Office of the Film and
  9  Entertainment Commissioner, in performance of its duties,
10  shall:
11         1.  In consultation with the Florida Film and
12  Entertainment Advisory Council, develop and implement a 5-year
13  strategic plan to guide the activities of the Governor's
14  Office of the Film and Entertainment Commissioner in the areas
15  of entertainment industry development, marketing, promotion,
16  liaison services, field office administration, and
17  information.  The plan, to be developed by no later than June
18  30, 2000, shall:
19         a.  Be annual in construction and ongoing in nature.
20         b.  Include recommendations relating to the
21  organizational structure of the office.
22         c.  Include an annual budget projection for the office
23  for each year of the plan.
24         d.  Include an operational model for the office to use
25  in implementing programs for rural and urban areas designed
26  to:
27         (I)  Develop and promote the state's entertainment
28  industry.
29         (II)  Have the office serve as a liaison between the
30  entertainment industry and other state and local governmental
31  agencies, local film commissions, and labor organizations.
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  1         (III)  Gather statistical information related to the
  2  state's entertainment industry.
  3         (IV)  Provide information and service to businesses,
  4  communities, organizations, and individuals engaged in
  5  entertainment industry activities.
  6         (V)  Administer field offices outside the state and
  7  coordinate with regional offices maintained by counties and
  8  regions of the state, as described in sub-sub-subparagraph
  9  (II), as necessary.
10         e.  Include performance standards and measurable
11  outcomes for the programs to be implemented by the office.
12         f.  Include an assessment of, and make recommendations
13  on, the feasibility of creating an alternative public-private
14  partnership for the purpose of contracting with such a
15  partnership for the administration of the state's
16  entertainment industry promotion, development, marketing, and
17  service programs.
18         2.  Develop, market, and facilitate a smooth working
19  relationship between state agencies and local governments in
20  cooperation with local film commission offices for
21  out-of-state and indigenous entertainment industry production
22  entities.
23         3.  Implement a structured methodology prescribed for
24  coordinating activities of local offices with each other and
25  the commissioner's office.
26         4.  Represent the state's indigenous entertainment
27  industry to key decisionmakers within the national and
28  international entertainment industry, and to state and local
29  officials.
30         5.  Prepare an inventory and analysis of the state's
31  entertainment industry, including, but not limited to,
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  1  information on crew, related businesses, support services, job
  2  creation, talent, and economic impact and coordinate with
  3  local offices to develop an information tool for common use.
  4         6.  Represent key decisionmakers within the national
  5  and international entertainment industry to the indigenous
  6  entertainment industry and to state and local officials.
  7         7.  Serve as liaison between entertainment industry
  8  producers and labor organizations.
  9         8.  Identify, solicit, and recruit entertainment
10  production opportunities for the state.
11         9.  Assist rural communities and other small
12  communities in the state in developing the expertise and
13  capacity necessary for such communities to develop, market,
14  promote, and provide services to the state's entertainment
15  industry.
16         (b)  The Governor's Office of the Film and
17  Entertainment Commissioner, in the performance of its duties,
18  may:
19         1.  Conduct or contract for specific promotion and
20  marketing functions, including, but not limited to, production
21  of a statewide directory, production and maintenance of an
22  Internet web site, establishment and maintenance of a
23  toll-free number, organization of trade show participation,
24  and appropriate cooperative marketing opportunities.
25         2.  Conduct its affairs, carry on its operations,
26  establish offices, and exercise the powers granted by this act
27  in any state, territory, district, or possession of the United
28  States.
29         3.  Carry out any program of information, special
30  events, or publicity designed to attract entertainment
31  industry to Florida.
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  1         4.  Develop relationships and leverage resources with
  2  other public and private organizations or groups in their
  3  efforts to publicize to the entertainment industry in this
  4  state, other states, and other countries the depth of
  5  Florida's entertainment industry talent, crew, production
  6  companies, production equipment resources, related businesses,
  7  and support services, including the establishment of and
  8  expenditure for a program of cooperative advertising with
  9  these public and private organizations and groups in
10  accordance with the provisions of chapter 120.
11         5.  Provide and arrange for reasonable and necessary
12  promotional items and services for such persons as the office
13  deems proper in connection with the performance of the
14  promotional and other duties of the office.
15         6.  Prepare an annual economic impact analysis on
16  entertainment industry-related activities in the state.
17         Section 13.  Section 288.1252, Florida Statutes, is
18  amended to read:
19         288.1252  Florida Film and Entertainment Advisory
20  Council; creation; purpose; membership; powers and duties.--
21         (1)  CREATION.--There is hereby created within the
22  Office of Tourism, Trade, and Economic Development of the
23  Executive Office of the Governor, for administrative purposes
24  only, the Florida Film and Entertainment Advisory Council.
25         (2)  PURPOSE.--The purpose of the council shall be to
26  serve as an advisory body to the Office of Tourism, Trade, and
27  Economic Development and to the Governor's Office of the Film
28  and Entertainment Commissioner to provide these offices with
29  industry insight and expertise related to developing,
30  marketing, promoting, and providing service to the state's
31  entertainment industry.
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  1         (3)  MEMBERSHIP.--
  2         (a)  The council shall consist of 17 members, seven to
  3  be appointed by the Governor, five to be appointed by the
  4  President of the Senate, and five to be appointed by the
  5  Speaker of the House of Representatives, with the initial
  6  appointments being made no later than August 1, 1999.
  7         (b)  When making appointments to the council, the
  8  Governor, the President of the Senate, and the Speaker of the
  9  House of Representatives shall appoint persons who are
10  residents of the state and who are highly knowledgeable of,
11  active in, and recognized leaders in Florida's motion picture,
12  television, video, sound recording, or other entertainment
13  industries. These persons shall include, but not be limited
14  to, representatives of local film commissions, representatives
15  of entertainment associations, a representative of the
16  broadcast industry, representatives of labor organizations in
17  the entertainment industry, and board chairs, presidents,
18  chief executive officers, chief operating officers, or persons
19  of comparable executive position or stature of leading or
20  otherwise important entertainment industry businesses and
21  offices.  Council members shall be appointed in such a manner
22  as to equitably represent the broadest spectrum of the
23  entertainment industry and geographic areas of the state.
24         (c)  Council members shall serve for 4-year terms,
25  except that the initial terms shall be staggered:
26         1.  The Governor shall appoint one member for a 1-year
27  term, two members for 2-year terms, two members for 3-year
28  terms, and two members for 4-year terms.
29         2.  The President of the Senate shall appoint one
30  member for a 1-year term, one member for a 2-year term, two
31  members for 3-year terms, and one member for a 4-year term.
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  1         3.  The Speaker of the House of Representatives shall
  2  appoint one member for a 1-year term, one member for a 2-year
  3  term, two members for 3-year terms, and one member for a
  4  4-year term.
  5         (d)  Subsequent appointments shall be made by the
  6  official who appointed the council member whose expired term
  7  is to be filled.
  8         (e)  The Film Commissioner of Film and Entertainment, a
  9  representative of Enterprise Florida, Inc., and a
10  representative of the Florida Tourism Industry Marketing
11  Corporation shall serve as ex officio, nonvoting members of
12  the council, and shall be in addition to the 17 appointed
13  members of the council.
14         (f)  Absence from three consecutive meetings shall
15  result in automatic removal from the council.
16         (g)  A vacancy on the council shall be filled for the
17  remainder of the unexpired term by the official who appointed
18  the vacating member.
19         (h)  No more than one member of the council may be an
20  employee of any one company, organization, or association.
21         (i)  Any member shall be eligible for reappointment but
22  may not serve more than two consecutive terms.
23         (4)  MEETINGS; ORGANIZATION.--
24         (a)  The council shall meet no less frequently than
25  once each quarter of the calendar year, but may meet more
26  often as set by the council.
27         (b)  The council shall annually elect one member to
28  serve as chair of the council and one member to serve as vice
29  chair.  The Governor's Office of the Film and Entertainment
30  Commissioner shall provide staff assistance to the council,
31  which shall include, but not be limited to, keeping records of
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  1  the proceedings of the council, and serving as custodian of
  2  all books, documents, and papers filed with the council.
  3         (c)  A majority of the members of the council shall
  4  constitute a quorum.
  5         (d)  Members of the council shall serve without
  6  compensation, but shall be entitled to reimbursement for per
  7  diem and travel expenses in accordance with s. 112.061 while
  8  in performance of their duties.
  9         (5)  POWERS AND DUTIES.--The Florida Film and
10  Entertainment Advisory Council shall have all the powers
11  necessary or convenient to carry out and effectuate the
12  purposes and provisions of this act, including, but not
13  limited to, the power to:
14         (a)  Adopt bylaws for the governance of its affairs and
15  the conduct of its business.
16         (b)  Advise and consult with the Governor's Office of
17  the Film and Entertainment Commissioner on the content,
18  development, and implementation of the 5-year strategic plan
19  to guide the activities of the office.
20         (c)  Review the Film Commissioner's administration by
21  the Commissioner of Film and Entertainment of the programs
22  related to the strategic plan, and advise the commissioner on
23  the programs and any changes that might be made to better meet
24  the strategic plan.
25         (d)  Consider and study the needs of the entertainment
26  industry for the purpose of advising the commissioner and the
27  Office of Tourism, Trade, and Economic Development.
28         (e)  Identify and make recommendations on state agency
29  and local government actions that may have an impact on the
30  entertainment industry or that may appear to industry
31
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  1  representatives as an official state or local action affecting
  2  production in the state.
  3         (f)  Consider all matters submitted to it by the
  4  commissioner and the Office of Tourism, Trade, and Economic
  5  Development.
  6         (g)  Advise and consult with the commissioner and the
  7  Office of Tourism, Trade, and Economic Development, at their
  8  request or upon its own initiative, regarding the
  9  promulgation, administration, and enforcement of all laws and
10  rules relating to the entertainment industry.
11         (h)  Suggest policies and practices for the conduct of
12  business by the Governor's Office of the Film and
13  Entertainment Commissioner or by the Office of Tourism, Trade,
14  and Economic Development that will improve internal operations
15  affecting the entertainment industry and will enhance the
16  economic development initiatives of the state for the
17  industry.
18         (i)  Appear on its own behalf before boards,
19  commissions, departments, or other agencies of municipal,
20  county, or state government, or the Federal Government.
21         Section 14.  Section 288.1253, Florida Statutes, is
22  amended to read:
23         288.1253  Travel and entertainment expenses.--
24         (1)  As used in this section:
25         (a)  "Business client" means any person, other than a
26  state official or state employee, who receives the services of
27  representatives of the Governor's Office of the Film and
28  Entertainment Commissioner in connection with the performance
29  of its statutory duties, including persons or representatives
30  of entertainment industry companies considering location,
31
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  1  relocation, or expansion of an entertainment industry business
  2  within the state.
  3         (b)  "Entertainment expenses" means the actual,
  4  necessary, and reasonable costs of providing hospitality for
  5  business clients or guests, which costs are defined and
  6  prescribed by rules adopted by the Office of Tourism, Trade,
  7  and Economic Development, subject to approval by the
  8  Comptroller.
  9         (c)  "Guest" means a person, other than a state
10  official or state employee, authorized by the Office of
11  Tourism, Trade, and Economic Development to receive the
12  hospitality of the Governor's Office of the Film and
13  Entertainment Commissioner in connection with the performance
14  of its statutory duties.
15         (d)  "Travel expenses" means the actual, necessary, and
16  reasonable costs of transportation, meals, lodging, and
17  incidental expenses normally incurred by a traveler, which
18  costs are defined and prescribed by rules adopted by the
19  Office of Tourism, Trade, and Economic Development, subject to
20  approval by the Comptroller.
21         (2)  Notwithstanding the provisions of s. 112.061, the
22  Office of Tourism, Trade, and Economic Development shall adopt
23  rules by which it may make expenditures by advancement or
24  reimbursement, or a combination thereof, to:
25         (a)  The Governor, the Lieutenant Governor, security
26  staff of the Governor or Lieutenant Governor, the Film
27  Commissioner of Film and Entertainment, or staff of the
28  Governor's Office of the Film and Entertainment Commissioner
29  for travel expenses or entertainment expenses incurred by such
30  individuals solely and exclusively in connection with the
31
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  1  performance of the statutory duties of the Governor's Office
  2  of the Film and Entertainment Commissioner.
  3         (b)  The Governor, the Lieutenant Governor, security
  4  staff of the Governor or Lieutenant Governor, the Film
  5  Commissioner of Film and Entertainment, or staff of the
  6  Governor's Office of the Film and Entertainment Commissioner
  7  for travel expenses or entertainment expenses incurred by such
  8  individuals on behalf of guests, business clients, or
  9  authorized persons as defined in s. 112.061(2)(e) solely and
10  exclusively in connection with the performance of the
11  statutory duties of the Governor's Office of the Film and
12  Entertainment Commissioner.
13         (c)  Third-party vendors for the travel or
14  entertainment expenses of guests, business clients, or
15  authorized persons as defined in s. 112.061(2)(e) incurred
16  solely and exclusively while such persons are participating in
17  activities or events carried out by the Governor's Office of
18  the Film and Entertainment Commissioner in connection with
19  that office's statutory duties.
20
21  The rules shall be subject to approval by the Comptroller
22  prior to promulgation.  The rules shall require the submission
23  of paid receipts, or other proof of expenditure prescribed by
24  the Comptroller, with any claim for reimbursement and shall
25  require, as a condition for any advancement of funds, an
26  agreement to submit paid receipts or other proof of
27  expenditure and to refund any unused portion of the
28  advancement within 15 days after the expense is incurred or,
29  if the advancement is made in connection with travel, within
30  10 working days after the traveler's return to headquarters.
31  However, with respect to an advancement of funds made solely
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  1  for travel expenses, the rules may allow paid receipts or
  2  other proof of expenditure to be submitted, and any unused
  3  portion of the advancement to be refunded, within 10 working
  4  days after the traveler's return to headquarters. Operational
  5  or promotional advancements, as defined in s. 288.35(4),
  6  obtained pursuant to this section shall not be commingled with
  7  any other state funds.
  8         (3)  The Office of Tourism, Trade, and Economic
  9  Development shall prepare an annual report of the expenditures
10  of the Governor's Office of the Film and Entertainment
11  Commissioner and provide such report to the Legislature no
12  later than December 30 of each year for the expenditures of
13  the previous fiscal year. The report shall consist of a
14  summary of all travel, entertainment, and incidental expenses
15  incurred within the United States and all travel,
16  entertainment, and incidental expenses incurred outside the
17  United States, as well as a summary of all successful projects
18  that developed from such travel.
19         (4)  The Governor's Office of the Film and
20  Entertainment Commissioner and its employees and
21  representatives, when authorized, may accept and use
22  complimentary travel, accommodations, meeting space, meals,
23  equipment, transportation, and any other goods or services
24  necessary for or beneficial to the performance of the office's
25  duties and purposes, so long as such acceptance or use is not
26  in conflict with part III of chapter 112.  The Office of
27  Tourism, Trade, and Economic Development shall, by rule,
28  develop internal controls to ensure that such goods or
29  services accepted or used pursuant to this subsection are
30  limited to those that will assist solely and exclusively in
31
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  1  the furtherance of the office's goals and are in compliance
  2  with part III of chapter 112.
  3         (5)  Any claim submitted under this section shall not
  4  be required to be sworn to before a notary public or other
  5  officer authorized to administer oaths, but any claim
  6  authorized or required to be made under any provision of this
  7  section shall contain a statement that the expenses were
  8  actually incurred as necessary travel or entertainment
  9  expenses in the performance of official duties of the
10  Governor's Office of the Film and Entertainment Commissioner
11  and shall be verified by written declaration that it is true
12  and correct as to every material matter.  Any person who
13  willfully makes and subscribes to any claim which he or she
14  does not believe to be true and correct as to every material
15  matter or who willfully aids or assists in, procures, or
16  counsels or advises with respect to, the preparation or
17  presentation of a claim pursuant to this section that is
18  fraudulent or false as to any material matter, whether or not
19  such falsity or fraud is with the knowledge or consent of the
20  person authorized or required to present the claim, commits a
21  misdemeanor of the second degree, punishable as provided in s.
22  775.082 or s. 775.083. Whoever receives an advancement or
23  reimbursement by means of a false claim is civilly liable, in
24  the amount of the overpayment, for the reimbursement of the
25  public fund from which the claim was paid.
26         Section 15.  Subsections (2), (7), and (11) of section
27  288.901, Florida Statutes, are amended to read:
28         288.901  Enterprise Florida, Inc.; creation;
29  membership; organization; meetings; disclosure.--
30         (2)  Enterprise Florida, Inc., shall establish one or
31  more corporate offices, at least one of which shall be located
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  1  in Leon County. The Department of Management Services may
  2  establish a lease agreement program under which Enterprise
  3  Florida, Inc., may hire any individual who, as of June 30,
  4  1996, is employed by the Department of Commerce or who, as of
  5  January 1, 1997, is employed by the Executive Office of the
  6  Governor and has responsibilities specifically in support of
  7  the Workforce Development Board established under s. 288.9952
  8  s. 288.9620. Under such agreement, the employee shall retain
  9  his or her status as a state employee but shall work under the
10  direct supervision of Enterprise Florida, Inc. Retention of
11  state employee status shall include the right to participate
12  in the Florida Retirement System. The Department of Management
13  Services shall establish the terms and conditions of such
14  lease agreements.
15         (7)  The Governor or the Governor's designee shall
16  serve as chairperson of the board of directors.  The board of
17  directors shall biennially elect one of its appointive members
18  as vice chairperson. The president shall keep a record of the
19  proceedings of the board of directors and is the custodian of
20  all books, documents, and papers filed with the board of
21  directors, the minutes of the board of directors, and the
22  official seal of Enterprise Florida, Inc.
23         (11)  Notwithstanding the provisions of subsection (3),
24  the board of directors may by resolution appoint at-large
25  members to the board from the private sector, each of whom may
26  serve a 1-year term.  At-large members shall not have voting
27  authority, nor may they have the powers and duties of other
28  members of the board, except that they may not serve on an
29  executive committee.  An at-large member is eligible for
30  reappointment but may not vote on his or her own
31  reappointment.  An at-large member shall be eligible to fill
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  1  vacancies occurring among private-sector appointees under
  2  subsection (3).
  3         Section 16.  Subsection (2) of section 288.9015,
  4  Florida Statutes, is amended to read:
  5         288.9015  Enterprise Florida, Inc.; purpose; duties.--
  6         (2)  It shall be the responsibility of Enterprise
  7  Florida, Inc., to aggressively market Florida's rural
  8  communities and distressed urban communities as locations for
  9  potential new investment, to aggressively assist in the
10  retention and expansion of existing businesses in these
11  communities, and to aggressively assist these communities in
12  the identification and development of new economic development
13  opportunities for job creation. Enterprise Florida, Inc.,
14  shall use and promote existing state programs to facilitate
15  the location of new investment, the retention and expansion of
16  existing businesses, and the identification and development of
17  new economic development opportunities for job creation. Such
18  programs include, but are not limited to: the Community
19  Contribution Tax Credit Program, as provided in ss. 220.183
20  and 624.5105; the Urban High-Crime Area Job Tax Credit Program
21  as provided in ss. 212.097 and 220.1895; the Rural Job Tax
22  Credit Program as provided in ss. 212.098 and 220.1895; and
23  the state incentives available in enterprise zones as provided
24  in s. 290.007.
25         Section 17.  Section 288.980, Florida Statutes, is
26  amended to read:
27         288.980  Military base retention; legislative intent;
28  grants program.--
29         (1)(a)  It is the intent of this state to provide the
30  necessary means to assist communities with military
31  installations that would be adversely affected by federal base
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  1  realignment or closure actions. It is further the intent to
  2  encourage communities to initiate a coordinated program of
  3  response and plan of action in advance of future actions of
  4  the federal Base Realignment and Closure Commission. It is
  5  critical that closure-vulnerable communities develop such a
  6  program to preserve affected military installations. The
  7  Legislature hereby recognizes that the state needs to
  8  coordinate all efforts that can facilitate the retention of
  9  all remaining military installations in the state. The
10  Legislature, therefore, declares that providing such
11  assistance to support the defense-related initiatives within
12  this section is a public purpose for which public money may be
13  used.
14         (b)  The Florida Defense Alliance, an organization
15  within Enterprise Florida, is designated as the organization
16  to ensure that Florida, its resident military bases and
17  missions, and its military host communities are in competitive
18  positions as the United States continues its defense
19  realignment and downsizing. The defense alliance shall serve
20  as an overall advisory body for Enterprise Florida
21  defense-related activity. The Florida Defense Alliance may
22  receive funding from appropriations made for that purpose to
23  administered by the Office of Tourism, Trade, and Economic
24  Development and administered by Enterprise Florida, Inc.
25         (2)(a)  The Office of Tourism, Trade, and Economic
26  Development is authorized to award grants based upon the
27  recommendation of Enterprise Florida, Inc., and for
28  administration by Enterprise Florida, Inc., from any funds
29  available to it to support activities related to the retention
30  of military installations potentially affected by federal base
31  closure or realignment.
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  1         (b)  The term "activities" as used in this section
  2  means studies, presentations, analyses, plans, and modeling.
  3  Staff salaries are not considered an "activity" for which
  4  grant funds may be awarded. Travel costs and costs incidental
  5  thereto incurred by a grant recipient shall be considered an
  6  "activity" for which grant funds may be awarded.
  7         (c)  Except for grants issued pursuant to the Florida
  8  Military Installation Reuse Planning and Marketing Grant
  9  Program as described in paragraph (3)(c), the amount of any
10  grant provided to an applicant may not exceed $250,000. In
11  making recommendations to the Office of Tourism, Trade, and
12  Economic Development, Enterprise Florida, Inc., shall require
13  that an applicant:
14         1.  Represent a local government with a military
15  installation or military installations that could be adversely
16  affected by federal base realignment or closure.
17         2.  Agree to match at least 30 percent of any grant
18  awarded.
19         3.  Prepare a coordinated program or plan of action
20  delineating how the eligible project will be administered and
21  accomplished.
22         4.  Provide documentation describing the potential for
23  realignment or closure of a military installation located in
24  the applicant's community and the adverse impacts such
25  realignment or closure will have on the applicant's community.
26         (d)  In making recommendations for grant awards,
27  Enterprise Florida, Inc., the office shall consider, at a
28  minimum, the following factors:
29         1.  The relative value of the particular military
30  installation in terms of its importance to the local and state
31
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  1  economy relative to other military installations vulnerable to
  2  closure.
  3         2.  The potential job displacement within the local
  4  community should the military installation be closed.
  5         3.  The potential adverse impact on industries and
  6  technologies which service the military installation.
  7         (3)  The Florida Economic Reinvestment Initiative is
  8  established to respond to the need for this state and
  9  defense-dependent communities in this state to develop
10  alternative economic diversification strategies to lessen
11  reliance on national defense dollars in the wake of base
12  closures and reduced federal defense expenditures and the need
13  to formulate specific base reuse plans and identify any
14  specific infrastructure needed to facilitate reuse. The
15  initiative shall consist of the following three distinct grant
16  programs to be administered by Enterprise Florida, Inc. the
17  Office of Tourism, Trade, and Economic Development:
18         (a)  The Florida Defense Planning Grant Program,
19  through which funds shall be used to analyze the extent to
20  which the state is dependent on defense dollars and defense
21  infrastructure and prepare alternative economic development
22  strategies.  The state shall work in conjunction with
23  defense-dependent communities in developing strategies and
24  approaches that will help communities make the transition from
25  a defense economy to a nondefense economy. Grant awards may
26  not exceed $250,000 per applicant and shall be available on a
27  competitive basis.
28         (b)  The Florida Defense Implementation Grant Program,
29  through which funds shall be made available to
30  defense-dependent communities to implement the diversification
31  strategies developed pursuant to paragraph (a). Eligible
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  1  applicants include defense-dependent counties and cities, and
  2  local economic development councils located within such
  3  communities.  Grant awards may not exceed $100,000 per
  4  applicant and shall be available on a competitive basis.
  5  Awards shall be matched on a one-to-one basis.
  6         (c)  The Florida Military Installation Reuse Planning
  7  and Marketing Grant Program, through which funds shall be used
  8  to help counties, cities, and local economic development
  9  councils develop and implement plans for the reuse of closed
10  or realigned military installations, including any necessary
11  infrastructure improvements needed to facilitate reuse and
12  related marketing activities.
13
14  Applications for grants under this subsection must include a
15  coordinated program of work or plan of action delineating how
16  the eligible project will be administered and accomplished,
17  which must include a plan for ensuring close cooperation
18  between civilian and military authorities in the conduct of
19  the funded activities and a plan for public involvement. The
20  director of the Office of Tourism, Trade, and Economic
21  Development shall make the final decision on all grant awards.
22         (4)(a)  The Defense-Related Business Adjustment Program
23  is hereby created.  Enterprise Florida, Inc., The Director of
24  the Office of Tourism, Trade, and Economic Development shall
25  coordinate the development of the Defense-Related Business
26  Adjustment Program.  Funds shall be available to assist
27  defense-related companies in the creation of increased
28  commercial technology development through investments in
29  technology.  Such technology must have a direct impact on
30  critical state needs for the purpose of generating
31  investment-grade technologies and encouraging the partnership
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  1  of the private sector and government defense-related business
  2  adjustment.  The following areas shall receive precedence in
  3  consideration for funding commercial technology development:
  4  law enforcement or corrections, environmental protection,
  5  transportation, education, and health care.  Travel and costs
  6  incidental thereto, and staff salaries, are not considered an
  7  "activity" for which grant funds may be awarded.
  8         (b)  In making recommendations to the Office of
  9  Tourism, Trade, and Economic Development for grant awards,
10  Enterprise Florida, Inc., The office shall require that an
11  applicant:
12         1.  Be a defense-related business that could be
13  adversely affected by federal base realignment or closure or
14  reduced defense expenditures.
15         2.  Agree to match at least 50 percent of any funds
16  awarded by the department in cash or in-kind services.  Such
17  match shall be directly related to activities for which the
18  funds are being sought.
19         3.  Prepare a coordinated program or plan delineating
20  how the funds will be administered.
21         4.  Provide documentation describing how
22  defense-related realignment or closure will adversely impact
23  defense-related companies.
24         (5)  The Retention of Military Installations Program is
25  created. The Director of the Office of Tourism, Trade, and
26  Economic Development shall coordinate and implement this
27  program. The sum of $1.2 million is appropriated from the
28  General Revenue Fund for fiscal year 1999-2000 to the Office
29  of Tourism, Trade, and Economic Development to implement this
30  program for military installations located in counties with a
31  population greater than 824,000. The funds shall be used to
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  1  assist military installations potentially affected by federal
  2  base closure or realignment in covering current operating
  3  costs in an effort to retain the installation in this state.
  4  An eligible military installation for this program shall
  5  include a provider of simulation solutions for war-fighting
  6  experimentation, testing, and training which employs at least
  7  500 civilian and military employees and has been operating in
  8  the state for a period of more than 10 years.
  9         (6)  The director of the Office of Tourism, Trade, and
10  Economic Development may award nonfederal matching funds
11  specifically appropriated for construction, maintenance, and
12  analysis of a Florida defense workforce database. Such funds
13  will be used to create a registry of worker skills that can be
14  used to match the worker needs of companies that are
15  relocating to this state or to assist workers in relocating to
16  other areas within this state where similar or related
17  employment is available.
18         (7)  Payment of administrative expenses shall be
19  limited to no more than 10 percent of any grants issued
20  pursuant to this section.
21         (8)  Enterprise Florida, Inc., The Office of Tourism,
22  Trade, and Economic Development shall develop establish
23  guidelines to implement and carry out the purpose and intent
24  of this section. The Office of Tourism, Trade, and Economic
25  Development must approve the guidelines before their
26  implementation.
27         Section 18.  Subsections (7), (8), and (12), paragraph
28  (h) of subsection (10), and paragraph (b) of subsection (14)
29  of section 288.99, Florida Statutes, are amended to read:
30         288.99  Certified Capital Company Act.--
31
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  1         (7)  ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION
  2  PROCESS.--
  3         (a)  The total amount of tax credits which may be
  4  allocated by the office or the department shall not exceed
  5  $150 million. The total amount of tax credits which may be
  6  used by certified investors under this act shall not exceed
  7  $15 million annually.
  8         (b)  The office shall be responsible for allocating
  9  premium tax credits as provided for in this act to certified
10  capital companies.
11         (c)  Each certified capital company must apply to the
12  office for an allocation of premium tax credits for potential
13  certified investors by March 15, 1999, on a form developed by
14  the office with the cooperation of the Department of Revenue.
15  The form shall be accompanied by an affidavit from each
16  potential certified investor confirming that the potential
17  certified investor has agreed to make an investment of
18  certified capital in a certified capital company up to a
19  specified amount, subject only to the receipt of a premium tax
20  credit allocation pursuant to this subsection. No allocation
21  shall be made to the potential investors of a certified
22  capital company unless such certified capital company has
23  filed premium tax allocation claims that would result in an
24  allocation to the potential investors in such certified
25  capital company of not less than $15 million in the aggregate.
26         (d)  On or before April 1, 1999, the office shall
27  inform each certified capital company of its share of total
28  premium tax credits available for allocation to each of its
29  potential investors.
30         (e)  If a certified capital company does not receive
31  certified capital equaling the amount of premium tax credits
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  1  allocated to a potential certified investor for which the
  2  investor filed a premium tax allocation claim within 10
  3  business days after the investor received a notice of
  4  allocation, the certified capital company shall notify the
  5  department office by overnight common carrier delivery service
  6  of the company's failure to receive the capital.  That portion
  7  of the premium tax credits allocated to the certified capital
  8  company shall be forfeited.  If the department office must
  9  make a pro rata allocation under paragraph (f), the department
10  office shall reallocate such available credits among the other
11  certified capital companies on the same pro rata basis as the
12  initial allocation.
13         (f)  If the total amount of capital committed by all
14  certified investors to certified capital companies in premium
15  tax allocation claims exceeds the aggregate cap on the amount
16  of credits that may be awarded, the premium tax credits that
17  may be allowed to any one certified investor shall be
18  allocated using the following ratio:
19
20                       A/B = X/$150,000,000
21
22  where the letter "A" represents the total amount of certified
23  capital certified investors have agreed to invest in any one
24  certified capital company, the letter "B" represents the
25  aggregate amount of certified capital that all certified
26  investors have agreed to invest in all certified capital
27  companies, the letter "X" is the numerator and represents the
28  total amount of premium tax credits and certified capital that
29  may be allocated to a certified capital company in calendar
30  year 1999, and $150 million is the denominator and represents
31  the total amount of premium tax credits and certified capital
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  1  that may be allocated to all certified investors in calendar
  2  year 1999. Any such premium tax credits are not first
  3  available for utilization until annual filings are made in
  4  2001 for calendar year 2000, and the tax credits may be used
  5  at a rate not to exceed 10 percent annually.
  6         (g)  The maximum amount of certified capital for which
  7  premium tax allocation claims may be filed on behalf of any
  8  certified investor and its affiliates by one or more certified
  9  companies may not exceed $15 million.
10         (h)  To the extent that less than $150 million in
11  certified capital is raised in connection with the procedure
12  set forth in paragraphs (c)-(g), the department may adopt
13  rules to allow a subsequent allocation of the remaining
14  premium tax credits authorized under this section.
15         (8)  ANNUAL TAX CREDIT; CLAIM PROCESS.--
16         (a)  On an annual basis, on or before December 31, each
17  certified capital company shall file with the department and
18  the office, in consultation with the department, on a form
19  prescribed by the department office, for each calendar year:
20         1.  The total dollar amount the certified capital
21  company received from certified investors, the identity of the
22  certified investors, and the amount received from each
23  certified investor during the calendar year.
24         2.  The total dollar amount the certified capital
25  company invested and the amount invested in qualified
26  businesses, together with the identity and location of those
27  businesses and the amount invested in each qualified business.
28         3.  For informational purposes only, the total number
29  of permanent, full-time jobs either created or retained by the
30  qualified business during the calendar year, the average wage
31  of the jobs created or retained, the industry sectors in which
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  1  the qualified businesses operate, and any additional capital
  2  invested in qualified businesses from sources other than
  3  certified capital companies.
  4         (b)  The form shall be verified by one or more
  5  principals of the certified capital company submitting the
  6  form.  Verification shall be accomplished as provided in s.
  7  92.525(1)(b) and subject to the provisions of s. 92.525(3).
  8         (c)  The department office shall review the form, and
  9  any supplemental documentation, submitted by each certified
10  capital company for the purpose of verifying:
11         1.  That the businesses in which certified capital has
12  been invested by the certified capital company are in fact
13  qualified businesses, and that the amount of certified capital
14  invested by the certified capital company is as represented in
15  the form.
16         2.  The amount of certified capital invested in the
17  certified capital company by the certified investors.
18         3.  The amount of premium tax credit available to
19  certified investors.
20         (d)  The Department of Revenue is authorized to audit
21  and examine the accounts, books, or records of certified
22  capital companies and certified investors for the purpose of
23  ascertaining the correctness of any report and financial
24  return which has been filed, and to ascertain a certified
25  capital company's compliance with the tax-related provisions
26  of this act.
27         (e)  This subsection shall take effect January 1, 1999.
28         (10)  DECERTIFICATION.--
29         (h)  The department office shall send written notice to
30  the address of each certified investor whose premium tax
31
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  1  credit has been subject to recapture or forfeiture, using the
  2  address last shown on the last premium tax filing.
  3         (12)  REPORTING REQUIREMENTS.--The department office
  4  shall report annually on an annual basis to the Governor, the
  5  President of the Senate, and the Speaker of the House of
  6  Representatives on or before April 1:
  7         (a)  The total dollar amount each certified capital
  8  company received from all certified investors and any other
  9  investor, the identity of the certified investors, and the
10  total amount of premium tax credit used by each certified
11  investor for the previous calendar year.
12         (b)  The total dollar amount invested by each certified
13  capital company and that portion invested in qualified
14  businesses, the identity and location of those businesses, the
15  amount invested in each qualified business, and the total
16  number of permanent, full-time jobs created or retained by
17  each qualified business.
18         (c)  The return for the state as a result of the
19  certified capital company investments, including the extent to
20  which:
21         1.  Certified capital company investments have
22  contributed to employment growth.
23         2.  The wage level of businesses in which certified
24  capital companies have invested exceed the average wage for
25  the county in which the jobs are located.
26         3.  The investments of the certified capital companies
27  in qualified businesses have contributed to expanding or
28  diversifying the economic base of the state.
29         (14)  RULEMAKING AUTHORITY.--
30         (b)  The department office may adopt any rules
31  necessary to carry out its duties, obligations, and powers
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  1  related to the administration, review, and reporting
  2  provisions of this section and may perform any other acts
  3  necessary for the proper administration and enforcement of
  4  such duties, obligations, and powers.
  5         Section 19.  Subsection (6) of section 373.4149,
  6  Florida Statutes, is amended to read:
  7         373.4149  Miami-Dade County Lake Belt Plan.--
  8         (6)  The Miami-Dade County Lake Belt Plan
  9  Implementation Committee shall be appointed by the governing
10  board of the South Florida Water Management District to
11  develop a strategy for the design and implementation of the
12  Miami-Dade County Lake Belt Plan. The committee shall consist
13  of the chair of the governing board of the South Florida Water
14  Management District, who shall serve as chair of the
15  committee, the policy director of Environmental and Growth
16  Management in the office of the Governor, the secretary of the
17  Department of Environmental Protection, the director of the
18  Division of Water Facilities or its successor division within
19  the Department of Environmental Protection, the director of
20  the Office of Tourism, Trade, and Economic Development within
21  the office of the Governor, the secretary of the Department of
22  Community Affairs, the executive director of the Game and
23  Freshwater Fish Commission, the director of the Department of
24  Environmental Resource Management of Miami-Dade County, the
25  director of the Miami-Dade County Water and Sewer Department,
26  the Director of Planning in Miami-Dade County, a
27  representative of the Friends of the Everglades, a
28  representative of the Florida Audubon Society, a
29  representative of the Florida chapter of the Sierra Club, four
30  representatives of the nonmining private landowners within the
31  Miami-Dade County Lake Belt Area, and four representatives
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  1  from the limestone mining industry to be appointed by the
  2  governing board of the South Florida Water Management
  3  District. Two ex officio seats on the committee will be filled
  4  by one member of the Florida House of Representatives to be
  5  selected by the Speaker of the House of Representatives from
  6  among representatives whose districts, or some portion of
  7  whose districts, are included within the geographical scope of
  8  the committee as described in subsection (3), and one member
  9  of the Florida Senate to be selected by the President of the
10  Senate from among senators whose districts, or some portion of
11  whose districts, are included within the geographical scope of
12  the committee as described in subsection (3).  The committee
13  may appoint other ex officio members, as needed, by a majority
14  vote of all committee members.  A committee member may
15  designate in writing an alternate member who, in the member's
16  absence, may participate and vote in committee meetings.
17         Section 20.  The Institute of Food and Agricultural
18  sciences at the University of Florida is authorized to enter
19  into contracts with the U.S. Department of Agriculture and may
20  receive grants of money to support the Florida State Rural
21  Development Council.
22         Section 21.  Section 288.039, Florida Statutes, is
23  repealed.
24         Section 22.  This act shall take effect July 1, 2000.
25
26
27
28
29
30
31
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  1            *****************************************
  2                          SENATE SUMMARY
  3    Revises numerous provisions relating to economic
      development. Transfers responsibilities for various
  4    economic-development programs from the Office of Tourism,
      Trade, and Economic Development. Provides additional
  5    responsibilities of Enterprise Florida, Inc., with
      respect to economic-development enterprises. Delegates
  6    responsibility for certain sports-related enterprises to
      the direct-support organization for athletic enterprises.
  7    Transfers an advisory committee on recycling to the
      Department of Environmental Protection. Provides that the
  8    Governor may designate another person in his stead to
      serve as chairman of the Florida Commission on Tourism.
  9    Provides for the president of the Florida Tourism
      Marketing Corporation to serve at the pleasure of the
10    Governor. Renames the Office of the Film Commissioner as
      the Governor's Office of Film and Entertainment.
11    Transfers responsibilities with respect to the Certified
      Capital Company Act from the Office of Tourism, Trade,
12    and Economic Development to the Department of Banking and
      Finance. Authorizes the Institute of Food and
13    Agricultural Sciences to contract with the U.S.
      Department of Agriculture and to receive grants for rural
14    development.
15
16
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18
19
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22
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