The Florida Senate

288.1228  Promotion and development of entertainment industries; direct-support organization; powers and duties.--

(1)  The Office of Tourism, Trade, and Economic Development may authorize a direct-support organization, 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 assist the office in the promotion and development of the motion picture, television, video, recording, and related entertainment industries.

(2)  To be authorized as a direct-support organization, an organization must:

(a)  Be incorporated as a corporation not for profit pursuant to chapter 617.

(b)  Be governed by a board of directors, which must consist of the following members:

1.  An ex officio nonvoting member of the Senate who shall be appointed by the President of the Senate and serve at the pleasure of the President;

2.  An ex officio nonvoting member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure of the Speaker; and

3.  Twelve members appointed by the Governor.

(c)  Have as its purpose, as stated in its articles of incorporation, to receive, hold, invest, and administer property; to raise funds and receive gifts; and to promote and develop Florida's motion picture, television, video, recording, and related entertainment industries.

(d)  Function as a body from which the Office of Tourism, Trade, and Economic Development may obtain differing views as to what actions or proposals are needed throughout the state regarding development of the motion picture, television, video, recording, and related entertainment industries.

(e)  Have a prior determination by the Office of Tourism, Trade, and Economic Development that the organization will benefit the office and act in the best interests of the state as a direct-support organization to the office.

(3)(a)  Members appointed by the Governor must be highly knowledgeable of, or active in, the motion picture, television, video, recording, or entertainment industry.

(b)  Members appointed by the Governor shall be appointed for terms of 4 years, except that in making the initial appointments, the Governor shall appoint two members for terms of 1 year, three members for terms of 2 years, three members for terms of 3 years, and four members for terms of 4 years. No member may serve more than two consecutive terms. The Governor may remove any member for cause and shall fill all vacancies that occur.

(c)  In making appointments to the board of directors, the Governor shall endeavor to ensure proportional geographic representation and shall also endeavor to ensure inclusion of a broad range of individuals representing small, medium, and large business as well as freelance or self-employed industry workers.

(d)  A vacancy on the board of directors shall be filled for the remainder of the unexpired term.

(e)  The Governor's initial appointments to the board of directors shall be made from a list of nominees submitted by the nominating council created pursuant to this section. Thereafter, such appointments shall be made by the Governor from a list of nominees submitted by the remaining members of the board of directors.

(f)  Absence from three consecutive meetings shall result in automatic removal from the board.

(4)(a)  There is created a nominating council for the purpose of providing the Governor with a list of nominees for initial appointment to the board of directors of the direct-support organization created pursuant to this section. The nominating council shall consist of one member each from the Florida Motion Picture and Television Association, the Independent Feature Project/South, the Florida Film Commissioners Association, the Screen Actors Guild, the Association of Independent Commercial Producers, the International Alliance of Theatrical and Stage Employees, the Florida Film Producers Association, the Professional Actors Association of Florida, the Directors Guild of America, the Black Filmmakers Group, the Women of the Motion Picture Industry-South Florida, Women in Film-Central Florida, the International Television Association, the American Federation of Television and Radio Artists, the National Arts and Entertainment Association, Model Agent Production Photography Association, and the American Women in Radio and Television for a total of 17 members.

(b)  Each member of the nominating council shall nominate not less than three persons for the positions on the board of directors. Nominations of the council shall be nonpartisan. The nominees and appointments must represent a balance in representation from all entertainment businesses and organizations, including organizations other than those represented on the nominating council. The importance of minority representation shall be considered when making nominations for the board of directors.

(c)  The Governor shall appoint no more than two members nominated by any single member of the nominating council and no more than five members from individuals who have submitted applications for appointment directly through the Executive Office of the Governor. The Governor shall have the authority to reject the group of nominees submitted by any member of the nominating council.

(d)  The Governor shall select and appoint 12 members to the board of directors within 30 days after receipt of the nominations from the nominating council and from individuals who have submitted applications for appointment directly through the Executive Office of the Governor.

(5)  The Office of Tourism, Trade, and Economic Development may contract with the organization and shall include in the contract that:

(a)  The office must review and approve the organization's articles of incorporation and bylaws.

(b)  The organization shall submit an annual budget proposal to the office, on a form prescribed by the office, in accordance with office procedures for filing budget proposals based upon the recommendation of the office.

(c)  Any funds that the organization holds in trust shall revert to the state upon the expiration or cancellation of the contract.

(d)  The organization is subject to an annual financial and performance review by the office to determine whether the organization is complying with the terms of the contract and whether it is acting in a manner consistent with the goals of the office and in the best interests of the state.

(e)  The fiscal year of the organization will begin July 1 of each year and end June 30 of the next ensuing year.

(f)  The offices or headquarters of the direct-support organization shall not be located on any property or space which is within the premises of the studio lot of any entity related to the industry to be promoted by the direct-support organization.

(6)  The Office of Tourism, Trade, and Economic Development may allow the organization to use the property, facilities, personnel, and services of the office if the organization provides equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin, subject to the approval of the director of the office.

(7)  The organization shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant pursuant to rules established by the Auditor General. The auditor shall submit the audit report to the director of the office for review and approval. When the audit report is approved, the office shall certify the audit report to the Auditor General for review.

(8)(a)  The board of directors shall appoint an executive director, after a nationwide search, to serve at the pleasure of the board as the chief administrator of the corporation's duties. This search shall commence immediately upon the incorporation of the direct-support organization and proceed in an expeditious manner. The executive director shall be exempt from the provisions of part II of chapter 110, and the board of directors shall set the salary for the executive director.

(b)  The executive director shall:

1.  Have an established reputation with a variety of individuals representing large and small entertainment-related businesses, industry associations, and local community entertainment industry liaisons.

2.  Have a working knowledge of the equipment, personnel, financial, and day-to-day production operations of the industries to be served by the direct-support organization.

3.  Have marketing and promotion experience related to the motion picture, television, and recording industries.

(9)  The Office of Tourism, Trade, and Economic Development must adopt rules in accordance with the provisions of chapter 120, providing for the organizational structure and procedure of the direct-support organization.

(10)  Any state funds received by the direct-support organization, 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, must be appropriated to the Office of Tourism, Trade, and Economic Development as a line item in the General Appropriations Act, with specific direction that the funds may be contracted to a direct-support organization or to 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.

(11)  In exercising the power provided in this section, the Office of Tourism, Trade, and Economic Development may authorize and contract with the direct-support organization existing on June 30, 1996, and authorized by the ¹Florida Department of Commerce to promote entertainment-related industries. An appointed member of the board of directors of such direct-support organization as of June 30, 1996, may serve the remainder of his or her unexpired term.

History.--s. 55, ch. 96-320.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.