| 1 | The Conference Committee on HB 1855 offered the following: |
| 2 |
|
| 3 | Conference Committee Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. The following programs, functions, and |
| 6 | activities are hereby transferred by a type two transfer, as |
| 7 | defined in s. 20.06(2), Florida Statutes, from the Department of |
| 8 | State to the Office of Tourism, Trade, and Economic Development |
| 9 | within the Executive Office of the Governor: |
| 10 | (1) The provision of assistance and facilities to the |
| 11 | Organization of American States, as authorized and governed by |
| 12 | s. 15.17, Florida Statutes, as that section exists on June 30, |
| 13 | 2004. |
| 14 | (2) State protocol officer functions, as authorized and |
| 15 | governed by s. 15.19, Florida Statutes, as that section exists |
| 16 | on June 30, 2004. |
| 17 | (3) International development outreach activities in Latin |
| 18 | America and the Caribbean Basin, as authorized and governed by |
| 19 | s. 288.0251, Florida Statutes. |
| 20 | (4) The Florida Intergovernmental Relations Foundation, as |
| 21 | authorized and governed by s. 288.809, Florida Statutes. |
| 22 | (5) Intergovernmental relations functions, as authorized |
| 23 | and governed by s. 288.816, Florida Statutes. |
| 24 |
|
| 25 | Notwithstanding s. 20.06(2), Florida Statutes, trust funds |
| 26 | associated with these programs, functions, and activities shall |
| 27 | remain within the Department of State. |
| 28 | Section 2. Linkage institutes between postsecondary |
| 29 | institutions in this state and foreign countries, as authorized |
| 30 | and governed by s. 288.8175, Florida Statutes, are hereby |
| 31 | transferred by a type two transfer, as defined in s. 20.06(2), |
| 32 | Florida Statutes, from the Department of State to the Department |
| 33 | of Education. Notwithstanding s. 20.06(2), Florida Statutes, |
| 34 | trust funds associated with these institutes shall remain within |
| 35 | the Department of State. |
| 36 | Section 3. Subsections (10) and (11) are added to section |
| 37 | 14.2015, Florida Statutes, to read: |
| 38 | 14.2015 Office of Tourism, Trade, and Economic |
| 39 | Development; creation; powers and duties.-- |
| 40 | (10) The Director of the Office of Tourism, Trade, and |
| 41 | Economic Development shall serve as the state protocol officer. |
| 42 | In consultation with the Governor and other governmental |
| 43 | officials, the Director of the Office of Tourism, Trade, and |
| 44 | Economic Development shall develop, maintain, publish, and |
| 45 | distribute the state protocol manual. |
| 46 | (11) The Legislature authorizes the Office of Tourism, |
| 47 | Trade, and Economic Development to provide assistance and |
| 48 | facilities to the Organization of American States in |
| 49 | establishing and maintaining a regional headquarters in this |
| 50 | state. |
| 51 | Section 4. Sections 15.17 and 15.19, Florida Statutes, are |
| 52 | repealed. |
| 53 | Section 5. Subsections (1) and (2) of section 15.182, |
| 54 | Florida Statutes, are amended to read: |
| 55 | 15.182 International travel by state-funded musical, |
| 56 | cultural, or artistic organizations; notification to Office of |
| 57 | Tourism, Trade, and Economic Development Department of State.-- |
| 58 | (1) If a musical, cultural, or artistic organization that |
| 59 | receives state funding is traveling internationally for a |
| 60 | presentation, performance, or other significant public viewing, |
| 61 | including an organization associated with a college or |
| 62 | university, such organization shall notify the Office of |
| 63 | Tourism, Trade, and Economic Development Department of State of |
| 64 | its intentions to travel, together with the date, time, and |
| 65 | location of each appearance. It is the desire of the Legislature |
| 66 | that such cultural exchanges be coordinated with the state's |
| 67 | economic development goals. The Secretary of State shall notify |
| 68 | Enterprise Florida, Inc., of the intended travel schedule of all |
| 69 | such organizations, including, but not limited to, symphonies, |
| 70 | orchestras, dance troupes, bands, choirs, choral groups, drama |
| 71 | troupes, musical performing groups, traveling exhibitions |
| 72 | sponsored by museums, and performance artists. |
| 73 | (2) The Office of Tourism, Trade, and Economic Development |
| 74 | Department of State, in conjunction with Enterprise Florida, |
| 75 | Inc., shall act as an intermediary between performing musical, |
| 76 | cultural, and artistic organizations and Florida businesses to |
| 77 | encourage and coordinate joint undertakings. Such coordination |
| 78 | may include, but is not limited to, encouraging business and |
| 79 | industry to sponsor cultural events, assistance with travel of |
| 80 | such organizations, and coordinating travel schedules of |
| 81 | cultural performance groups and international trade missions. |
| 82 | Section 6. Section 288.0251, Florida Statutes, is amended |
| 83 | to read: |
| 84 | 288.0251 International development outreach activities in |
| 85 | Latin America and Caribbean Basin.--The Office of Tourism, |
| 86 | Trade, and Economic Development Department of State may contract |
| 87 | for the implementation of Florida's international volunteer |
| 88 | corps to provide short-term training and technical assistance |
| 89 | activities in Latin America and the Caribbean Basin. The entity |
| 90 | contracted under this section must require that such activities |
| 91 | be conducted by qualified volunteers who are citizens of the |
| 92 | state. The contracting agency must have a statewide focus and |
| 93 | experience in coordinating international volunteer programs. |
| 94 | Section 7. Subsections (1), (3), (6), (10), and (11) of |
| 95 | section 288.063, Florida Statutes, are amended to read: |
| 96 | 288.063 Contracts for transportation projects.-- |
| 97 | (1) The Office of Tourism, Trade, and Economic Development |
| 98 | is authorized to make, and based on a recommendation from |
| 99 | Enterprise Florida, Inc., to approve, expenditures and enter |
| 100 | into contracts for direct costs of transportation projects with |
| 101 | the appropriate governmental body. The Office of Tourism, Trade, |
| 102 | and Economic Development shall provide the Department of |
| 103 | Transportation, the Department of Environmental Protection, and |
| 104 | the Department of Community Affairs with an opportunity to |
| 105 | formally review and comment on recommended transportation |
| 106 | projects, although the Office of Tourism, Trade, and Economic |
| 107 | Development has final approval authority for any project under |
| 108 | this section. |
| 109 | (3) With respect to any contract executed pursuant to this |
| 110 | section, the term "transportation project" means a |
| 111 | transportation facility as defined in s. 334.03(31) which is |
| 112 | necessary in the judgment of the Office of Tourism, Trade, and |
| 113 | Economic Development to facilitate the economic development and |
| 114 | growth of the state. Except for applications received prior to |
| 115 | July 1, 1996, such transportation projects shall be approved |
| 116 | only as a consideration to attract new employment opportunities |
| 117 | to the state or expand or retain employment in existing |
| 118 | companies operating within the state, or to allow for the |
| 119 | construction or expansion of a state or federal correctional |
| 120 | facility in a county with a population of 75,000 or less that |
| 121 | creates new employment opportunities or expands or retains |
| 122 | employment in the county. The Office of Tourism, Trade, and |
| 123 | Economic Development shall institute procedures to ensure that |
| 124 | small and minority businesses have equal access to funding |
| 125 | provided under this section. Funding for approved transportation |
| 126 | projects may include any expenses, other than administrative |
| 127 | costs and equipment purchases specified in the contract, |
| 128 | necessary for new, or improvement to existing, transportation |
| 129 | facilities. Funds made available pursuant to this section may |
| 130 | not be expended in connection with the relocation of a business |
| 131 | from one community to another community in this state unless the |
| 132 | Office of Tourism, Trade, and Economic Development determines |
| 133 | that without such relocation the business will move outside this |
| 134 | state or determines that the business has a compelling economic |
| 135 | rationale for the relocation which creates additional jobs. |
| 136 | Subject to appropriation for projects under this section, any |
| 137 | appropriation greater than $10 million shall be allocated to |
| 138 | each of the districts of the Department of Transportation to |
| 139 | ensure equitable geographical distribution. Such allocated funds |
| 140 | that remain uncommitted by the third quarter of the fiscal year |
| 141 | shall be reallocated among the districts based on pending |
| 142 | project requests. |
| 143 | (6) The Department of Transportation shall review the |
| 144 | proposed projects to ensure proper coordination with |
| 145 | transportation projects included in the adopted work program and |
| 146 | may be the contracting agency when the project is on the State |
| 147 | Highway System. In addition, upon request by the appropriate |
| 148 | governmental body, the department may advise and assist it or |
| 149 | plan and construct other such transportation projects for it. |
| 150 | (10)(a) Notwithstanding the provisions of s. 216.301, |
| 151 | funds appropriated for this purpose shall not be subject to |
| 152 | reversion. |
| 153 | (b) For the 2003-2004 fiscal year only and notwithstanding |
| 154 | paragraph (a), funds appropriated for this purpose in previous |
| 155 | years are subject to the reversion requirements of s. 216.301. |
| 156 | This paragraph expires July 1, 2004. |
| 157 | (10)(11) In addition to the other provisions of this |
| 158 | section, projects that the Legislature deems necessary to |
| 159 | facilitate the economic development and growth of the state may |
| 160 | be designated and funded in the General Appropriations Act. Such |
| 161 | transportation projects create new employment opportunities, |
| 162 | expand transportation infrastructure, improve mobility, or |
| 163 | increase transportation innovation. The Office of Tourism, |
| 164 | Trade, and Economic Development shall enter into contracts with, |
| 165 | and make expenditures to, the appropriate entities for the costs |
| 166 | of transportation projects designated in the General |
| 167 | Appropriations Act. This subsection expires July 1, 2003. |
| 168 | Section 8. Subsections (1), (2), and (3) of section |
| 169 | 288.809, Florida Statutes, are amended to read: |
| 170 | 288.809 Florida Intergovernmental Relations Foundation; |
| 171 | use of property; board of directors; audit.-- |
| 172 | (1) DEFINITIONS.--For the purposes of this section, the |
| 173 | term: |
| 174 | (a) "Florida Intergovernmental Relations Foundation" means |
| 175 | a direct-support organization: |
| 176 | 1. Which is a corporation not for profit that is |
| 177 | incorporated under the provisions of chapter 617 and approved by |
| 178 | the Department of State; |
| 179 | 2. Which is organized and operated exclusively to solicit, |
| 180 | receive, hold, invest, and administer property and, subject to |
| 181 | the approval of the Office of Tourism, Trade, and Economic |
| 182 | Development Department of State, to make expenditures to or for |
| 183 | the promotion of intergovernmental relations programs; and |
| 184 | 3. Which the Office of Tourism, Trade, and Economic |
| 185 | Development Department of State, after review, has certified to |
| 186 | be operating in a manner consistent with the policies and goals |
| 187 | of the office department. |
| 188 | (b) "Personal services" includes full-time or part-time |
| 189 | personnel, as well as payroll processing. |
| 190 | (2) USE OF PROPERTY.--The Office of Tourism, Trade, and |
| 191 | Economic Development department: |
| 192 | (a) Is authorized to permit the use of property, |
| 193 | facilities, and personal services of the Office of Tourism, |
| 194 | Trade, and Economic Development department by the foundation, |
| 195 | subject to the provisions of this section. |
| 196 | (b) Shall prescribe conditions with which the foundation |
| 197 | must comply in order to use property, facilities, or personal |
| 198 | services of the department. Such conditions shall provide for |
| 199 | budget and audit review and for oversight by the Office of |
| 200 | Tourism, Trade, and Economic Development department. |
| 201 | (c) Shall not permit the use of property, facilities, or |
| 202 | personal services of the foundation if the foundation does not |
| 203 | provide equal employment opportunities to all persons, |
| 204 | regardless of race, color, national origin, sex, age, or |
| 205 | religion. |
| 206 | (3) BOARD OF DIRECTORS.--The board of directors of the |
| 207 | foundation shall be composed of seven members appointed by the |
| 208 | Governor Secretary of State, of whom no more than three shall be |
| 209 | employees or elected officials of the state. |
| 210 | Section 9. Section 288.816, Florida Statutes, is amended |
| 211 | to read: |
| 212 | 288.816 Intergovernmental relations.-- |
| 213 | (1) The Office of Tourism, Trade, and Economic Development |
| 214 | Secretary of State shall be responsible for consular operations |
| 215 | and the sister city and sister state program and shall serve as |
| 216 | liaison with foreign, federal, and other state international |
| 217 | organizations and with county and municipal governments in |
| 218 | Florida. |
| 219 | (2) The Office of Tourism, Trade, and Economic Development |
| 220 | secretary shall be responsible for all consular relations |
| 221 | between the state and all foreign governments doing business in |
| 222 | Florida. The office secretary shall monitor United States laws |
| 223 | and directives to ensure that all federal treaties regarding |
| 224 | foreign privileges and immunities are properly observed. The |
| 225 | office secretary shall promulgate rules which shall: |
| 226 | (a) Establish a viable system of registration for foreign |
| 227 | government officials residing or having jurisdiction in the |
| 228 | state. Emphasis shall be placed on maintaining active |
| 229 | communication between the Office of Tourism, Trade, and Economic |
| 230 | Development secretary and the United States Department of State |
| 231 | in order to be currently informed regarding foreign governmental |
| 232 | personnel stationed in, or with official responsibilities for, |
| 233 | Florida. Active dialogue shall also be maintained with foreign |
| 234 | countries which historically have had dealings with Florida in |
| 235 | order to keep them informed of the proper procedure for |
| 236 | registering with the state. |
| 237 | (b) Maintain and systematically update a current and |
| 238 | accurate list of all such foreign governmental officials, |
| 239 | consuls, or consulates. |
| 240 | (c) Issue certificates to such foreign governmental |
| 241 | officials after verification pursuant to proper investigations |
| 242 | through United States Department of State sources and the |
| 243 | appropriate foreign government. |
| 244 | (d) Verify entitlement to sales and use tax exemptions |
| 245 | pursuant to United States Department of State guidelines and |
| 246 | identification methods. |
| 247 | (e) Verify entitlement to issuance of special motor |
| 248 | vehicle license plates by the Division of Motor Vehicles of the |
| 249 | Department of Highway Safety and Motor Vehicles to honorary |
| 250 | consuls or such other officials representing foreign governments |
| 251 | who are not entitled to issuance of special Consul Corps license |
| 252 | plates by the United States Government. |
| 253 | (f) Establish a system of communication to provide all |
| 254 | state and local law enforcement agencies with information |
| 255 | regarding proper procedures relating to the arrest or |
| 256 | incarceration of a foreign citizen. |
| 257 | (g) Request the Department of Law Enforcement to provide |
| 258 | transportation and protection services when necessary pursuant |
| 259 | to s. 943.68. |
| 260 | (h) Coordinate, when necessary, special activities between |
| 261 | foreign governments and Florida state and local governments. |
| 262 | These may include Consular Corps Day, Consular Corps |
| 263 | conferences, and various other social, cultural, or educational |
| 264 | activities. |
| 265 | (i) Notify all newly arrived foreign governmental |
| 266 | officials of the services offered by the Office of Tourism, |
| 267 | Trade, and Economic Development secretary. |
| 268 | (3) The Office of Tourism, Trade, and Economic Development |
| 269 | Secretary of State shall operate the sister city and sister |
| 270 | state program and establish such new programs as needed to |
| 271 | further global understanding through the interchange of people, |
| 272 | ideas, and culture between Florida and the world. To accomplish |
| 273 | this purpose, the office secretary shall have the power and |
| 274 | authority to: |
| 275 | (a) Coordinate and carry out activities designed to |
| 276 | encourage the state and its subdivisions to participate in |
| 277 | sister city and sister state affiliations with foreign countries |
| 278 | and their subdivisions. Such activities may include a State of |
| 279 | Florida sister cities conference. |
| 280 | (b) Encourage cooperation with and disseminate information |
| 281 | pertaining to the Sister Cities International Program and any |
| 282 | other program whose object is to promote linkages with foreign |
| 283 | countries and their subdivisions. |
| 284 | (c) Maximize any aid available from all levels of |
| 285 | government, public and private agencies, and other entities to |
| 286 | facilitate such activities. |
| 287 | (d) Establish a viable system of registration for sister |
| 288 | city and sister state affiliations between the state and foreign |
| 289 | countries and their subdivisions. Such system shall include a |
| 290 | method to determine that sufficient ties are properly |
| 291 | established as well as a method to supervise how these ties are |
| 292 | maintained. |
| 293 | (e) Maintain a current and accurate listing of all such |
| 294 | affiliations. Sister city affiliations shall not be discouraged |
| 295 | between the state and any country specified in s. 620(f)(1) of |
| 296 | the federal Foreign Assistance Act of 1961, as amended, with |
| 297 | whom the United States is currently conducting diplomatic |
| 298 | relations unless a mandate from the United States Government |
| 299 | expressly prohibits such affiliations. |
| 300 | (4) The Office of Tourism, Trade, and Economic Development |
| 301 | Secretary of State shall serve as a contact for the state with |
| 302 | the Florida Washington Office, the Florida Congressional |
| 303 | Delegation, and United States Government agencies with respect |
| 304 | to laws or policies which may affect the interests of the state |
| 305 | in the area of international relations. All inquiries received |
| 306 | regarding international economic trade development or reverse |
| 307 | investment opportunities shall be referred to Enterprise |
| 308 | Florida, Inc. In addition, the office secretary shall serve as |
| 309 | liaison with other states with respect to international programs |
| 310 | of interest to Florida. The office secretary shall also |
| 311 | investigate and make suggestions regarding possible areas of |
| 312 | joint action or regional cooperation with these states. |
| 313 | (5) The Office of Tourism, Trade, and Economic Development |
| 314 | Secretary of State shall have the power and duty to encourage |
| 315 | the relocation to Florida of consular offices and multilateral |
| 316 | and international agencies and organizations. |
| 317 | (6) The Office of Tourism, Trade, and Economic Development |
| 318 | Secretary of State, through membership on the board of directors |
| 319 | of Enterprise Florida, Inc., shall help to contribute an |
| 320 | international perspective to the state's development efforts. |
| 321 | Section 10. Subsection (1) of section 288.8175, Florida |
| 322 | Statutes, is amended to read: |
| 323 | 288.8175 Linkage institutes between postsecondary |
| 324 | institutions in this state and foreign countries.-- |
| 325 | (1) As used in this section, the term "department" means |
| 326 | the Department of Education State. |
| 327 | Section 11. Section 9 of chapter 2002-180, Laws of |
| 328 | Florida, is amended to read: |
| 329 | Section 9. Black Business Investment Board, Inc., state |
| 330 | employee leasing program.-- |
| 331 | (1) The Department of Management Services shall establish |
| 332 | a lease-agreement program under which an employee as of June 30, |
| 333 | 2002, of the Black Business Investment Board, Inc., created |
| 334 | under chapter 85-104, Laws of Florida, retains his or her status |
| 335 | as a state employee until a set date. |
| 336 | (2) The Department of Management Services shall establish |
| 337 | the terms and conditions of the program and such lease |
| 338 | agreements. |
| 339 | (a) Status as a state employee shall include the right to |
| 340 | participate in the Florida Retirement System. |
| 341 | (b) Any employee who participates in a lease agreement |
| 342 | shall work under the direct supervision of the corporation. |
| 343 | (c) Status as a state employee under a lease agreement as |
| 344 | provided in this section expires on June 30, 2007 2004, unless |
| 345 | the employee voluntarily relinquishes his or her status as a |
| 346 | state employee before that date. |
| 347 | Section 12. This act shall take effect July 1, 2004. |
| 348 |
|
| 349 | ================= T I T L E A M E N D M E N T ================= |
| 350 | Remove the entire title and insert: |
| 351 | A bill to be entitled |
| 352 | An act relating to economic development; transferring the |
| 353 | provision of assistance and facilities to the Organization |
| 354 | of American States, state protocol officer functions, |
| 355 | international development outreach activities in Latin |
| 356 | America and the Caribbean Basin, the Florida |
| 357 | Intergovernmental Relations Foundation, and |
| 358 | intergovernmental relations functions by a type two |
| 359 | transfer from the Department of State to the Executive |
| 360 | Office of the Governor; excluding the transfer of certain |
| 361 | trust funds; transferring linkage institutes between |
| 362 | postsecondary institutions in this state and foreign |
| 363 | countries by a type two transfer from the Department of |
| 364 | State to the Department of Education; excluding the |
| 365 | transfer of certain trust funds; amending s. 14.2015, |
| 366 | F.S.; providing for the performance of state protocol |
| 367 | officer functions and the provision of assistance and |
| 368 | facilities to the Organization of American States by the |
| 369 | Office of Tourism, Trade, and Economic Development; |
| 370 | repealing ss. 15.17 and 15.19, F.S., relating to the |
| 371 | provision of assistance and facilities to the Organization |
| 372 | of American States and the performance of state protocol |
| 373 | officer functions; amending s. 15.182, F.S.; providing for |
| 374 | notification of the Office of Tourism, Trade, and Economic |
| 375 | Development regarding international travel by certain |
| 376 | cultural arts organizations; amending s. 288.063, F.S.; |
| 377 | revising requirements for the office in approving projects |
| 378 | and expenditures and in allocating funds for |
| 379 | transportation projects to expand and retain employment |
| 380 | opportunities in the state; deleting obsolete provisions; |
| 381 | amending ss. 288.0251, 288.809, and 288.816, F.S., |
| 382 | relating to international development outreach activities |
| 383 | in Latin America and the Caribbean Basin, the Florida |
| 384 | Intergovernmental Relations Foundation, and |
| 385 | intergovernmental relations, to conform; amending s. |
| 386 | 288.8175, F.S.; redefining "department" for purposes of |
| 387 | linkage institutes between postsecondary institutions in |
| 388 | this state and foreign countries; amending s. 9, ch. 2002- |
| 389 | 180, Laws of Florida, relating to the Black Business |
| 390 | Investment Board, Inc., state employee leasing program; |
| 391 | extending the time period for retaining status as a state |
| 392 | employee under a lease agreement; providing an effective |
| 393 | date. |