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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title XIX PUBLIC BUSINESS
Chapter 288 COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS Entire Chapter
SECTION 923
Division of Tourism Marketing; definitions; responsibilities.
F.S. 288.923
288.923 Division of Tourism Marketing; definitions; responsibilities.—
(1) There is created within Enterprise Florida, Inc., the Division of Tourism Marketing.
(2) As used in this section, the term:
(a) “Tourism marketing” means any effort exercised to attract domestic and international visitors from outside the state to destinations in this state and to stimulate Florida resident tourism to areas within the state.
(b) “Tourist” means any person who participates in trade or recreation activities outside the county of his or her permanent residence or who rents or leases transient living quarters or accommodations as described in s. 125.0104(3)(a).
(c) “County destination marketing organization” means a public or private agency that is funded by local option tourist development tax revenues under s. 125.0104, or local option convention development tax revenues under s. 212.0305, and is officially designated by a county commission to market and promote the area for tourism or convention business or, in any county that has not levied such taxes, a public or private agency that is officially designated by the county commission to market and promote the area for tourism or convention business.
(d) “Direct-support organization” means the Florida Tourism Industry Marketing Corporation.
(3) Enterprise Florida, Inc., shall contract with the Florida Tourism Industry Marketing Corporation, a direct-support organization established in s. 288.1226, to execute tourism promotion and marketing services, functions, and programs for the state, including, but not limited to, the activities prescribed by the 4-year marketing plan. The division shall assist to maintain and implement the contract.
(4) The division’s responsibilities and duties include, but are not limited to:
(a) Maintaining and implementing the contract with the Florida Tourism Industry Marketing Corporation.
(b) Advising the department and Enterprise Florida, Inc., on development of domestic and international tourism marketing campaigns featuring Florida.
(c) Developing a 4-year marketing plan.
1. At a minimum, the marketing plan shall discuss the following:
a. Continuation of overall tourism growth in this state.
b. Expansion to new or under-represented tourist markets.
c. Maintenance of traditional and loyal tourist markets.
d. Coordination of efforts with county destination marketing organizations, other local government marketing groups, privately owned attractions and destinations, and other private sector partners to create a seamless, four-season advertising campaign for the state and its regions.
e. Development of innovative techniques or promotions to build repeat visitation by targeted segments of the tourist population.
f. Consideration of innovative sources of state funding for tourism marketing.
g. Promotion of nature-based tourism and heritage tourism.
h. Development of a component to address emergency response to natural and manmade disasters from a marketing standpoint.
2. The plan shall be annual in construction and ongoing in nature. Any annual revisions of the plan shall carry forward the concepts of the remaining 3-year portion of the plan and consider a continuum portion to preserve the 4-year timeframe of the plan. The plan also shall include recommendations for specific performance standards and measurable outcomes for the division and direct-support organization. The department, in consultation with the board of directors of Enterprise Florida, Inc., shall base the actual performance metrics on these recommendations.
3. The 4-year marketing plan shall be developed in collaboration with the Florida Tourism Industry Marketing Corporation. The plan shall be annually reviewed and approved by the board of directors of Enterprise Florida, Inc.
(d) Drafting and submitting an annual report required by s. 288.92. The annual report shall set forth for the division and the direct-support organization:
1. Operations and accomplishments during the fiscal year, including the economic benefit of the state’s investment and effectiveness of the marketing plan.
2. The 4-year marketing plan, including recommendations on methods for implementing and funding the plan.
3. The assets and liabilities of the direct-support organization at the end of its most recent fiscal year.
4. A copy of the annual financial and compliance audit conducted under s. 288.1226(7).
(5) Notwithstanding s. 288.92, the division shall be staffed by the Florida Tourism Industry Marketing Corporation. Such staff shall not be considered to be employees of the division and shall remain employees of the Florida Tourism Industry Marketing Corporation. Section 288.905 does not apply to the Florida Tourism Industry Marketing Corporation.
(6) This section is repealed October 1, 2028, unless reviewed and saved from repeal by the Legislature.
History.—s. 31, ch. 2011-142; s. 15, ch. 2014-96; s. 25, ch. 2017-233; s. 100, ch. 2019-116; s. 2, ch. 2020-16; s. 2, ch. 2022-92.