The Florida Senate

¹14.2015  Office of Tourism, Trade, and Economic Development; creation; powers and duties.--

(1)  The Office of Tourism, Trade, and Economic Development is created within the Executive Office of the Governor. The director of the Office of Tourism, Trade, and Economic Development shall be appointed by and serve at the pleasure of the Governor.

(2)  The purpose of the Office of Tourism, Trade, and Economic Development is to assist the Governor in working with the Legislature, state agencies, business leaders, and economic development professionals to formulate and implement coherent and consistent policies and strategies designed to provide economic opportunities for all Floridians. To accomplish such purposes, the Office of Tourism, Trade, and Economic Development shall:

(a)  Contract, notwithstanding the provisions of part I of chapter 287, with the direct-support organization created under s. 288.1228, or a designated Florida not-for-profit corporation whose board members have had prior experience in promoting, throughout the state, the economic development of the Florida motion picture, television, radio, video, recording, and entertainment industries, to guide, stimulate, and promote the entertainment industry in the state.

(b)  Contract, notwithstanding the provisions of part I of chapter 287, with the direct-support organization created under s. 288.1229 to guide, stimulate, and promote the sports industry in the state.

(c)  Monitor the activities of public-private partnerships and state agencies in order to avoid duplication and promote coordinated and consistent implementation of programs in areas including, but not limited to, tourism; international trade and investment; business recruitment, creation, retention, and expansion; minority and small business development; and rural community development.

(d)  Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic development projects designed to create, expand, and retain Florida businesses and to recruit worldwide business.

(e)  Assist the Governor, in cooperation with Enterprise Florida, Inc., and the Florida Commission on Tourism, in preparing an annual report to the Legislature on the state of the business climate in Florida and on the state of economic development in Florida which will include the identification of problems and the recommendation of solutions. This report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader by January 1 of each year, and it shall be in addition to the Governor's message to the Legislature under the State Constitution and any other economic reports required by law.

(f)  Plan and conduct at least three meetings per calendar year of leaders in business, government, and economic development called by the Governor to address the business climate in the state, develop a common vision for the economic future of the state, and identify economic development efforts to fulfill that vision.

(g)

1.  Administer the Florida Enterprise Zone Act under ss. 290.001-290.016, the community contribution tax credit program under ss. 220.183 and 624.5105, the tax refund program for qualified target industry businesses under s. 288.106, contracts for transportation projects under s. 288.063, the sports franchise facility program under s. 288.1162, the professional golf hall of fame facility program under s. 288.1168, the Florida Jobs Siting Act under ss. 403.950-403.972, the Rural Community Development Revolving Loan Fund under s. 288.065, the Regional Rural Development Grants Program under s. 288.018, the Florida State Rural Development Council, and the Rural Economic Development Initiative.

2.  The office may enter into contracts in connection with the fulfillment of its duties concerning the Florida First Business Bond Pool under chapter 159, tax incentives under chapters 212 and 220, foreign offices under chapter 288, the Enterprise Zone program under chapter 290, the Seaport Employment Training program under chapter 311, the Florida Professional Sports Team License Plates under chapter 320, Spaceport Florida under chapter 331, Job Siting and Expedited Permitting under chapter 403, and in carrying out other functions that are specifically assigned to the office by law.

(h)  Serve as contract administrator for the state with respect to contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, and all direct-support organizations under this act, excluding those relating to tourism. To accomplish the provisions of this act and applicable provisions of chapter 288, and notwithstanding the provisions of part I of chapter 287, the office shall enter into specific contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, and other appropriate direct-support organizations. Such contracts may be multiyear and shall include specific performance measures for each year. The office shall provide the President of the Senate and the Speaker of the House of Representatives with a report by February 1 of each year on the status of these contracts, including the extent to which specific contract performance measures have been met by these contractors.

(i)  Prepare and submit as a separate budget entity a unified budget request for tourism, trade, and economic development in accordance with chapter 216 for, and in conjunction with, Enterprise Florida, Inc., and its boards, the Florida Commission on Tourism and its direct-support organization, the Florida Black Business Investment Board, and the direct-support organizations created to promote the entertainment and sports industries.

(j)  Promulgate rules to carry out its functions in connection with the administration of the Qualified Target Industry program, the Qualified Defense Contractor program, the Enterprise Zone program, and the Florida First Business Bond pool.

(3)  The Chief Inspector General, as defined in s. 14.32:

(a)  Shall advise public-private partnerships in their development, utilization, and improvement of internal control measures necessary to ensure fiscal accountability.

(b)  May conduct, direct, and supervise audits relating to the programs and operations of public-private partnerships.

(c)  Shall receive and investigate complaints of fraud, abuses, and deficiencies relating to programs and operations of public-private partnerships.

(d)  May request and have access to any records, data, and other information of public-private partnerships that the Chief Inspector General deems necessary to carry out his or her responsibilities with respect to accountability.

(e)  Shall monitor public-private partnerships for compliance with the terms and conditions of contracts with the Office of Tourism, Trade, and Economic Development and report noncompliance to the Governor.

(f)  Shall advise public-private partnerships in the development, utilization, and improvement of performance measures for the evaluation of their operations.

(g)  Shall review and make recommendations for improvements in the actions taken by public-private partnerships to meet performance standards.

(4)  The director of the Office of Tourism, Trade, and Economic Development shall designate a position within the office to advocate and coordinate the interests of minority businesses. The person in this position shall report to the director and shall be the primary point of contact for the office on issues and projects important to the recruitment, creation, preservation, and growth of minority businesses.

(5)  The director of the Office of Tourism, Trade, and Economic Development shall designate a position within the office to advocate and coordinate the interests of rural communities in the state. The person in this position shall report to the director and shall be the primary point of contact for the office on issues and projects important to the economic capacity of Florida's rural communities.

(6)

(a)  In order to improve the state's regulatory environment, the Office of Tourism, Trade, and Economic Development shall consider the impact of agency rules on businesses, provide one-stop permit information and assistance, and serve as an advocate for businesses, particularly small businesses, in their dealings with state agencies.

(b)  As used in this subsection, the term "permit" means any approval of an agency required as a condition of operating a business in this state, including, but not limited to, licenses and registrations.

(c)  The office shall have powers and duties to:

1.  Review proposed agency actions for impacts on small businesses and offer alternatives to mitigate such impacts, as provided in s. 120.54.

2.  In consultation with the Governor's rules ombudsman, make recommendations to agencies on any existing and proposed rules for alleviating unnecessary or disproportionate adverse effects to businesses.

3.  Make recommendations to the Legislature and to agencies for improving permitting procedures affecting business activities in the state. By October 1, 1997, and annually thereafter, the Office of Tourism, Trade, and Economic Development shall submit a report to the Legislature containing the following:

a.  An identification and description of methods to eliminate, consolidate, simplify, or expedite permits.

b.  An identification and description of those agency rules repealed or modified during each calendar year to improve the regulatory climate for businesses operating in the state.

c.  A recommendation for an operating plan and funding level for establishing an automated one-stop permit registry to provide the following services:

(I)  Access by computer network to all permit applications and approval requirements of each state agency.

(II)  Assistance in the completion of such applications.

(III)  Centralized collection of any permit fees and distribution of such fees to agencies.

(IV)  Submission of application data and circulation of such data among state agencies by computer network.

If the Legislature establishes such a registry, subsequent annual reports must cover the status and performance of this registry.

4.  Serve as a clearinghouse for information on which permits are required for a particular business and on the respective application process, including criteria applied in making a determination on a permit application. Each state agency that requires a permit, license, or registration for a business shall submit to the Office of Tourism, Trade, and Economic Development by August 1 of each year a list of the types of businesses and professions that it regulates and of each permit, license, or registration that it requires for a type of business or profession.

5.  Obtain information and permit applications from agencies and provide such information and permit applications to the public.

6.  Arrange, upon request, informal conferences between a business and an agency to clarify regulatory requirements or standards or to identify and address problems in the permit review process.

7.  Determine, upon request, the status of a particular permit application.

8.  Receive complaints and suggestions concerning permitting policies and activities of governmental agencies which affect businesses.

(d)  Use of the services authorized in this subsection does not preclude a person or business from dealing directly with an agency.

(e)  In carrying out its duties under this subsection, the Office of Tourism, Trade, and Economic Development may consult with state agency personnel appointed to serve as economic development liaisons under s. 288.021.

(f)  The office shall clearly represent that its services are advisory, informational, and facilitative only. Advice, information, and assistance rendered by the office does not relieve any person or business from the obligation to secure a required permit. The office is not liable for any consequences resulting from the failure to issue or to secure a required permit. However, an applicant who uses the services of the office and who receives a written statement identifying required state permits relating to a business activity may not be assessed a penalty for failure to obtain a state permit that was not identified, if the applicant submits an application for each such permit within 60 days after written notification from the agency responsible for issuing the permit.

(7)  The Office of Tourism, Trade, and Economic Development shall develop performance measures, standards, and sanctions for each program it administers under this act and, in conjunction with the applicable entity, for each program for which it contracts with another entity under this act. The performance measures, standards, and sanctions shall be developed in consultation with the legislative appropriations committees and the appropriate substantive committees, and are subject to the review and approval process provided in s. 216.177. The approved performance measures, standards, and sanctions shall be included and made a part of each contract entered into for delivery of programs authorized by this act.

(8)  The Office of Tourism, Trade, and Economic Development shall ensure that the contract between the Florida Commission on Tourism and the commission's direct-support organization contains a provision to provide the data on the visitor counts and visitor profiles used in revenue estimating, employing the same methodology used in fiscal year 1995-1996 by the Department of Commerce. The Office of Tourism, Trade, and Economic Development and the Florida Commission on Tourism must reach agreement with the Consensus Estimating Conference principals before making any changes in methodology used or information gathered.

History.--s. 2, ch. 96-320; s. 19, ch. 97-95; ss. 3, 59, ch. 97-278.

¹Note.--Section 37, ch. 97-278, provides that:

"(1)  For fiscal year 1997-1998 and subject to appropriation in the General Appropriations Act, the Office of Tourism, Trade, and Economic Development shall establish a targeted market pilot project grant program, through which funding will be provided on a competitive basis, which successfully matches local businesses in this state with specific international trade opportunities. The Legislature finds that it is in the best interests of the state to encourage and assist businesses in this state to actively participate in international trade. Office of Tourism, Trade, and Economic Development shall consult with the Florida Council of International Development in the development of this program.

"(2)  Grant proposals must be submitted by local or regional economic development councils. Proposals must include research assignments to the foreign offices of Enterprise Florida, Inc., identifying potential foreign markets for products now produced in this state, or which may easily be produced by existing businesses in this state. Proposals must also include a list of local businesses that are well suited to participate in the program and the targeted international market or products that the business would pursue. Participating businesses are required to act as mentors, assisting the local or regional economic development councils in matching local businesses to future international trade opportunities.

"(3)  The Office of Tourism, Trade, and Economic Development shall adopt guidelines for administering the program and shall establish criteria for the competitive evaluation of grant proposals for funding. Evaluation criteria must include, but is not limited to:

"(a)  The quality of the business identification research.

"(b)  Cost effectiveness and cost per business served.

"(c)  Comprehensiveness of services offered, including, but not limited to, training and guidance.

"(d)  Projected employment.

"(e)  Projected employment of WAGES Program participants.

"(f)  The extent to which existing grants address the targeted international market.

"(4)  The Office of Tourism, Trade, and Economic Development shall establish procedures for the identification and validation of targeted international markets by the Florida foreign offices, as established under s. 288.012, Florida Statutes, for use in this program.

"(5)  The Office of Tourism, Trade, and Economic Development shall establish performance measures for this program prior to providing grant moneys to any entity and shall report such measures to the Governor, the President of the Senate, and the Speaker of the House of Representatives."