Florida Senate - 2020 SB 1212
By Senator Gruters
23-01371-20 20201212__
1 A bill to be entitled
2 An act relating to international affairs; amending s.
3 15.01, F.S.; requiring the Secretary of State to serve
4 as the state protocol officer; requiring the Secretary
5 of State to take certain actions relating to the state
6 protocol manual; amending s. 15.182, F.S.; requiring
7 that certain organizations provide notice of
8 international travel to the Department of State,
9 rather than the Department of Economic Opportunity;
10 requiring the Department of State, The Department of
11 Economic Opportunity, and Enterprise Florida, Inc., to
12 work in conjunction for a certain purpose; amending s.
13 288.816, F.S.; revising the duties of the state
14 protocol officer; authorizing, rather than requiring,
15 the state protocol officer to take certain actions;
16 creating s. 288.8165, F.S.; authorizing the Office of
17 International Affairs within the Department of State
18 to support the establishment of citizen support
19 organizations for certain purposes; defining the term
20 “citizen support organization”; authorizing the office
21 to adopt rules; prohibiting the office from allowing a
22 citizen support organization to use certain services,
23 property, or facilities if the organization does not
24 provide equal membership and employment opportunities;
25 requiring citizen support organizations to provide for
26 a certain financial audit; providing a scheduled
27 repeal; amending s. 288.012, F.S.; conforming
28 provisions to changes made by the act; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 15.01, Florida Statutes, is amended to
34 read:
35 15.01 Duties.—
36 (1) The Secretary of State shall serve as the state
37 protocol officer. In consultation with the Governor and other
38 governmental officials, the Secretary of State shall develop,
39 maintain, publish, and distribute the state protocol manual.
40 (2) The Department of State shall have the custody of the
41 constitution and Great Seal of this state, and of the original
42 statutes thereof, and of the resolutions of the Legislature, and
43 of all the official correspondence of the Governor. The
44 department shall keep in its office a register and an index of
45 all official letters, orders, communications, messages,
46 documents, and other official acts issued or received by the
47 Governor or the Secretary of State, and record these in a book
48 numbered in chronological order. The Governor, before issuing
49 any order or transmission of any official letter, communication,
50 or document from the executive office or promulgation of any
51 official act or proceeding, except military orders, shall
52 deliver the same or a copy thereof to the Department of State to
53 be recorded.
54 Section 2. Section 15.182, Florida Statutes, is amended to
55 read:
56 15.182 International travel by state-funded musical,
57 cultural, or artistic organizations; notification to the
58 Department of State Economic Opportunity.—
59 (1) If a musical, cultural, or artistic organization that
60 receives state funding is traveling internationally for a
61 presentation, performance, or other significant public viewing,
62 including an organization associated with a college or
63 university, such organization shall notify the Department of
64 State Economic Opportunity of its intentions to travel, together
65 with the date, time, and location of each appearance.
66 (2) The Department of State Economic Opportunity, in
67 conjunction with the Department of Economic Opportunity and
68 Enterprise Florida, Inc., shall act as an intermediary between
69 performing musical, cultural, and artistic organizations and
70 Florida businesses to encourage and coordinate joint
71 undertakings. Such coordination may include, but is not limited
72 to, encouraging business and industry to sponsor cultural
73 events, assistance with travel of such organizations, and
74 coordinating travel schedules of cultural performance groups and
75 international trade missions.
76 (3) An organization shall provide the notification to the
77 Department of State required by this section at least 30 days
78 before the date the international travel is to commence or, when
79 an intention to travel internationally is not formed at least 30
80 days in advance of the date the travel is to commence, as soon
81 as feasible after forming such travel intention. The Department
82 of State shall take an active role in informing such groups of
83 the responsibility to notify the department of travel
84 intentions.
85 Section 3. Paragraphs (c) and (d) of subsection (2) and
86 subsection (3) of section 288.816, Florida Statutes, are amended
87 to read:
88 288.816 Intergovernmental relations.—
89 (2) The state protocol officer shall be responsible for all
90 consular relations between the state and all foreign governments
91 doing business in Florida. The state protocol officer shall
92 monitor United States laws and directives to ensure that all
93 federal treaties regarding foreign privileges and immunities are
94 properly observed. The state protocol officer shall:
95 (c) Issue certificates to such foreign governmental
96 officials after verification pursuant to proper investigations
97 through United States Department of State sources and the
98 appropriate foreign government.
99 (d) Verify entitlement to sales and use tax exemptions
100 pursuant to United States Department of State guidelines and
101 identification methods.
102 (3) The state protocol officer may shall operate the sister
103 city and sister state program and establish such new programs as
104 needed to further global understanding through the interchange
105 of people, ideas, and culture between Florida and the world. To
106 accomplish this purpose, the state protocol officer shall have
107 the power and authority to:
108 (a) Coordinate and carry out activities designed to
109 encourage the state and its subdivisions to participate in
110 sister city and sister state affiliations with foreign countries
111 and their subdivisions. Such activities may include a State of
112 Florida sister cities conference.
113 (b) Encourage cooperation with and disseminate information
114 pertaining to the Sister Cities International Program and any
115 other program whose object is to promote linkages with foreign
116 countries and their subdivisions.
117 (c) Maximize any aid available from all levels of
118 government, public and private agencies, and other entities to
119 facilitate such activities.
120 (d) Establish a viable system of registration for sister
121 city and sister state affiliations between the state and foreign
122 countries and their subdivisions. Such system shall include a
123 method to determine that sufficient ties are properly
124 established as well as a method to supervise how these ties are
125 maintained.
126 (e) Maintain a current and accurate listing of all such
127 affiliations. Sister city affiliations shall not be discouraged
128 between the state and any country specified in s. 620(f)(1) of
129 the federal Foreign Assistance Act of 1961, as amended, with
130 whom the United States is currently conducting diplomatic
131 relations unless a mandate from the United States Government
132 expressly prohibits such affiliations.
133 Section 4. Section 288.8165, Florida Statutes, is created
134 to read:
135 288.8165 Citizen support organizations.—
136 (1) CITIZEN SUPPORT ORGANIZATIONS.—The Office of
137 International Affairs within the Department of State may support
138 the establishment of citizen support organizations to provide
139 assistance, funding, and promotional support for
140 intergovernmental programs. For the purposes of this section, a
141 “citizen support organization” means an organization that is:
142 (a) A Florida corporation not for profit incorporated under
143 chapter 617 and approved by the Department of State;
144 (b) Organized and operated to conduct programs and
145 activities; raise funds; request and receive grants, gifts, and
146 bequests of money; acquire, receive, hold, invest, and
147 administer, in its own name, securities, funds, objects of
148 value, or other property, real or personal; and make
149 expenditures to or for the direct or indirect benefit of the
150 Office of International Affairs;
151 (c) Determined by the Office of International Affairs to be
152 consistent with the goals of the office and in the best
153 interests of the state; and
154 (d) Approved in writing by the Office of International
155 Affairs to operate for the direct or indirect benefit of the
156 office. Such approval must be given in a letter of agreement
157 from the office.
158 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
159 (a) The Office of International Affairs may adopt rules
160 requiring citizen support organizations to meet certain
161 requirements in order to use the office’s administrative
162 services, property, or facilities.
163 (b) The Office of International Affairs may not allow a
164 citizen support organization to use any administrative services,
165 property, or facilities of the state if the citizen support
166 organization does not provide equal membership and employment
167 opportunities to all persons regardless of race, color,
168 religion, sex, age, or national origin.
169 (3) ANNUAL AUDIT.—Each citizen support organization shall
170 provide for an annual financial audit in accordance with s.
171 215.981.
172 (4) FUTURE REPEAL.—This section is repealed October 1,
173 2025, unless reviewed and saved from repeal by the Legislature.
174 Section 5. Section 288.012, Florida Statutes, is amended to
175 read:
176 288.012 State of Florida international offices; state
177 protocol officer; protocol manual.—The Legislature finds that
178 the expansion of international trade and tourism is vital to the
179 overall health and growth of the economy of this state. This
180 expansion is hampered by the lack of technical and business
181 assistance, financial assistance, and information services for
182 businesses in this state. The Legislature finds that these
183 businesses could be assisted by providing these services at
184 State of Florida international offices. The Legislature further
185 finds that the accessibility and provision of services at these
186 offices can be enhanced through cooperative agreements or
187 strategic alliances between private businesses and state, local,
188 and international governmental entities.
189 (1) The department is authorized to:
190 (a) Establish and operate offices in other countries for
191 the purpose of promoting trade and economic development
192 opportunities of the state, and promoting the gathering of trade
193 data information and research on trade opportunities in specific
194 countries.
195 (b) Enter into agreements with governmental and private
196 sector entities to establish and operate offices in other
197 countries which contain provisions that may conflict with the
198 general laws of the state pertaining to the purchase of office
199 space, employment of personnel, and contracts for services. When
200 agreements pursuant to this section are made which set
201 compensation in another country’s currency, such agreements
202 shall be subject to the requirements of s. 215.425, but the
203 purchase of another country’s currency by the department to meet
204 such obligations shall be subject only to s. 216.311.
205 (2) Each international office shall have in place an
206 operational plan approved by the participating boards or other
207 governing authority, a copy of which shall be provided to the
208 department. These operating plans shall be reviewed and updated
209 each fiscal year and shall include, at a minimum, the following:
210 (a) Specific policies and procedures encompassing the
211 entire scope of the operation and management of each office.
212 (b) A comprehensive, commercial strategic plan identifying
213 marketing opportunities and industry sector priorities for the
214 country in which an international office is located.
215 (c) Provisions for access to information for Florida
216 businesses related to trade leads and inquiries.
217 (d) Identification of new and emerging market opportunities
218 for Florida businesses. This information shall be provided
219 either free of charge or on a fee basis with fees set only to
220 recover the costs of providing the information.
221 (e) Provision of access for Florida businesses to
222 international trade assistance services provided by state and
223 local entities, seaport and airport information, and other
224 services identified by the department.
225 (f) Qualitative and quantitative performance measures for
226 each office, including, but not limited to, the number of
227 businesses assisted, the number of trade leads and inquiries
228 generated, the number of international buyers and importers
229 contacted, and the amount and type of marketing conducted.
230 (3) Each international office shall annually submit to
231 Enterprise Florida, Inc., a complete and detailed report on its
232 activities and accomplishments during the previous fiscal year
233 for inclusion in the annual report required under s. 288.906. In
234 the format and by the annual date prescribed by Enterprise
235 Florida, Inc., the report must set forth information on:
236 (a) The number of Florida companies assisted.
237 (b) The number of inquiries received about investment
238 opportunities in this state.
239 (c) The number of trade leads generated.
240 (d) The number of investment projects announced.
241 (e) The estimated U.S. dollar value of sales confirmations.
242 (f) The number of representation agreements.
243 (g) The number of company consultations.
244 (h) Barriers or other issues affecting the effective
245 operation of the office.
246 (i) Changes in office operations which are planned for the
247 current fiscal year.
248 (j) Marketing activities conducted.
249 (k) Strategic alliances formed with organizations in the
250 country in which the office is located.
251 (l) Activities conducted with Florida’s other international
252 offices.
253 (m) Any other information that the office believes would
254 contribute to an understanding of its activities.
255 (4) The Department of Economic Opportunity, in connection
256 with the establishment, operation, and management of any of its
257 offices located in another country, is exempt from the
258 provisions of ss. 255.21, 255.25, and 255.254 relating to
259 leasing of buildings; ss. 283.33 and 283.35 relating to bids for
260 printing; ss. 287.001-287.20 relating to purchasing and motor
261 vehicles; and ss. 282.003-282.00515 and 282.702-282.7101
262 relating to communications, and from all statutory provisions
263 relating to state employment.
264 (a) The department may exercise such exemptions only upon
265 prior approval of the Governor.
266 (b) If approval for an exemption under this section is
267 granted as an integral part of a plan of operation for a
268 specified international office, such action shall constitute
269 continuing authority for the department to exercise the
270 exemption, but only in the context and upon the terms originally
271 granted. Any modification of the approved plan of operation with
272 respect to an exemption contained therein must be resubmitted to
273 the Governor for his or her approval. An approval granted to
274 exercise an exemption in any other context shall be restricted
275 to the specific instance for which the exemption is to be
276 exercised.
277 (c) As used in this subsection, the term “plan of
278 operation” means the plan developed pursuant to subsection (2).
279 (d) Upon final action by the Governor with respect to a
280 request to exercise the exemption authorized in this subsection,
281 the department shall report such action, along with the original
282 request and any modifications thereto, to the President of the
283 Senate and the Speaker of the House of Representatives within 30
284 days.
285 (5) Where feasible and appropriate, international offices
286 established and operated under this section may provide one-stop
287 access to the economic development, trade, and tourism
288 information, services, and programs of the state. Where feasible
289 and appropriate, such offices may also be collocated with other
290 international offices of the state.
291 (6) The department is authorized to make and to enter into
292 contracts with Enterprise Florida, Inc., to carry out the
293 provisions of this section. The authority, duties, and
294 exemptions provided in this section apply to Enterprise Florida,
295 Inc., to the same degree and subject to the same conditions as
296 applied to the department. To the greatest extent possible, such
297 contracts shall include provisions for cooperative agreements or
298 strategic alliances between private businesses and state,
299 international, and local governmental entities to operate
300 international offices.
301 (7) The Governor may designate a state protocol officer.
302 The state protocol officer shall be housed within the Executive
303 Office of the Governor. In consultation with the Governor and
304 other governmental officials, the state protocol officer shall
305 develop, maintain, publish, and distribute the state protocol
306 manual.
307 Section 6. This act shall take effect July 1, 2020.