CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Starks offered the following:

12

13         Amendment to Amendment (553475) (with title amendment) 

14         On page 1, line 18, through page 12, line 9,

15  remove from the amendment:  all of said lines

16

17  and insert in lieu thereof:

18         Section 1.  Section 14.2015, Florida Statutes, 1998

19  Supplement, is amended to read:

20         14.2015  Office of Tourism, Trade, and Economic

21  Development; creation; powers and duties.--

22         (1)  The Office of Tourism, Trade, and Economic

23  Development is created within the Executive Office of the

24  Governor.  The director of the Office of Tourism, Trade, and

25  Economic Development shall be appointed by and serve at the

26  pleasure of the Governor.

27         (2)  The purpose of the Office of Tourism, Trade, and

28  Economic Development is to assist the Governor in working with

29  the Legislature, state agencies, business leaders, and

30  economic development professionals to formulate and implement

31  coherent and consistent policies and strategies designed to

                                  1

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  provide economic opportunities for all Floridians.  To

 2  accomplish such purposes, the Office of Tourism, Trade, and

 3  Economic Development shall:

 4         (a)  Contract, notwithstanding the provisions of part I

 5  of chapter 287, with the direct-support organization created

 6  under s. 288.1228, or a designated Florida not-for-profit

 7  corporation whose board members have had prior experience in

 8  promoting, throughout the state, the economic development of

 9  the Florida motion picture, television, radio, video,

10  recording, and entertainment industries, to guide, stimulate,

11  and promote the entertainment industry in the state.

12         (a)(b)  Contract, notwithstanding the provisions of

13  part I of chapter 287, with the direct-support organization

14  created under s. 288.1229 to guide, stimulate, and promote the

15  sports industry in the state, to promote the participation of

16  Florida's citizens in amateur athletic competition, and to

17  promote Florida as a host for national and international

18  amateur athletic competitions.

19         (b)(c)  Monitor the activities of public-private

20  partnerships and state agencies in order to avoid duplication

21  and promote coordinated and consistent implementation of

22  programs in areas including, but not limited to, tourism;

23  international trade and investment; business recruitment,

24  creation, retention, and expansion; minority and small

25  business development; and rural community development.

26         (c)(d)  Facilitate the direct involvement of the

27  Governor and the Lieutenant Governor in economic development

28  projects designed to create, expand, and retain Florida

29  businesses and to recruit worldwide business, as well as in

30  other job-creating efforts.

31         (d)(e)  Assist the Governor, in cooperation with

                                  2

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Enterprise Florida, Inc., and the Florida Commission on

 2  Tourism, in preparing an annual report to the Legislature on

 3  the state of the business climate in Florida and on the state

 4  of economic development in Florida which will include the

 5  identification of problems and the recommendation of

 6  solutions.  This report shall be submitted to the President of

 7  the Senate, the Speaker of the House of Representatives, the

 8  Senate Minority Leader, and the House Minority Leader by

 9  January 1 of each year, and it shall be in addition to the

10  Governor's message to the Legislature under the State

11  Constitution and any other economic reports required by law.

12         (e)(f)  Plan and conduct at least one meeting three

13  meetings per calendar year of leaders in business, government,

14  and economic development called by the Governor to address the

15  business climate in the state, develop a common vision for the

16  economic future of the state, and identify economic

17  development efforts to fulfill that vision.

18         (f)(g)1.  Administer the Florida Enterprise Zone Act

19  under ss. 290.001-290.016, the community contribution tax

20  credit program under ss. 220.183 and 624.5105, the tax refund

21  program for qualified target industry businesses under s.

22  288.106, the tax-refund program for qualified defense

23  contractors under s. 288.1045, contracts for transportation

24  projects under s. 288.063, the sports franchise facility

25  program under s. 288.1162, the professional golf hall of fame

26  facility program under s. 288.1168, the expedited permitting

27  process under s. 403.973 Florida Jobs Siting Act under ss.

28  403.950-403.972, the Rural Community Development Revolving

29  Loan Fund under s. 288.065, the Regional Rural Development

30  Grants Program under s. 288.018, the Certified Capital Company

31  Act under s. 288.99, the Florida State Rural Development

                                  3

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Council, and the Rural Economic Development Initiative, and

 2  other programs that are specifically assigned to the office by

 3  law, by the appropriations process, or by the Governor.

 4  Notwithstanding any other provisions of law, the office may

 5  expend interest earned from the investment of program funds

 6  deposited in the Economic Development Trust Fund, the Grants

 7  and Donations Trust Fund, the Brownfield Property Ownership

 8  Clearance Assistance Revolving Loan Trust Fund, and the

 9  Economic Development Transportation Trust Fund to contract for

10  the administration of the programs, or portions of the

11  programs, enumerated in this paragraph or assigned to the

12  office by law, by the appropriations process, or by the

13  Governor. Such expenditures shall be subject to review under

14  chapter 216.

15         2.  The office may enter into contracts in connection

16  with the fulfillment of its duties concerning the Florida

17  First Business Bond Pool under chapter 159, tax incentives

18  under chapters 212 and 220, tax incentives under the Certified

19  Capital Company Act in chapter 288, foreign offices under

20  chapter 288, the Enterprise Zone program under chapter 290,

21  the Seaport Employment Training program under chapter 311, the

22  Florida Professional Sports Team License Plates under chapter

23  320, Spaceport Florida under chapter 331, Job Siting and

24  Expedited Permitting under chapter 403, and in carrying out

25  other functions that are specifically assigned to the office

26  by law, by the appropriations process, or by the Governor.

27         (g)(h)  Serve as contract administrator for the state

28  with respect to contracts with Enterprise Florida, Inc., the

29  Florida Commission on Tourism, and all direct-support

30  organizations under this act, excluding those relating to

31  tourism.  To accomplish the provisions of this act and

                                  4

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  applicable provisions of chapter 288, and notwithstanding the

 2  provisions of part I of chapter 287, the office shall enter

 3  into specific contracts with Enterprise Florida, Inc., the

 4  Florida Commission on Tourism, and other appropriate

 5  direct-support organizations. Such contracts may be multiyear

 6  and shall include specific performance measures for each year.

 7  The office shall provide the President of the Senate and the

 8  Speaker of the House of Representatives with a report by

 9  February 1 of each year on the status of these contracts,

10  including the extent to which specific contract performance

11  measures have been met by these contractors.

12         (h)  Provide administrative oversight for the Office of

13  the Film Commissioner, created under s. 288.1251, to develop,

14  promote, and provide services to the state's entertainment

15  industry and to administratively house the Florida Film

16  Advisory Council created under s. 288.1252.

17         (i)  Prepare and submit as a separate budget entity a

18  unified budget request for tourism, trade, and economic

19  development in accordance with chapter 216 for, and in

20  conjunction with, Enterprise Florida, Inc., and its boards,

21  the Florida Commission on Tourism and its direct-support

22  organization, the Florida Black Business Investment Board, the

23  Office of the Film Commissioner, and the direct-support

24  organization organizations created to promote the

25  entertainment and sports industry industries.

26         (j)  Adopt Promulgate rules, as necessary, to carry out

27  its functions in connection with the administration of the

28  Qualified Target Industry program, the Qualified Defense

29  Contractor program, the Certified Capital Company Act, the

30  Enterprise Zone program, and the Florida First Business Bond

31  pool.

                                  5

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





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

 2  14.32:

 3         (a)  Shall advise public-private partnerships in their

 4  development, utilization, and improvement of internal control

 5  measures necessary to ensure fiscal accountability.

 6         (b)  May conduct, direct, and supervise audits relating

 7  to the programs and operations of public-private partnerships.

 8         (c)  Shall receive and investigate complaints of fraud,

 9  abuses, and deficiencies relating to programs and operations

10  of public-private partnerships.

11         (d)  May request and have access to any records, data,

12  and other information of public-private partnerships that the

13  Chief Inspector General deems necessary to carry out his or

14  her responsibilities with respect to accountability.

15         (e)  Shall monitor public-private partnerships for

16  compliance with the terms and conditions of contracts with the

17  Office of Tourism, Trade, and Economic Development and report

18  noncompliance to the Governor.

19         (f)  Shall advise public-private partnerships in the

20  development, utilization, and improvement of performance

21  measures for the evaluation of their operations.

22         (g)  Shall review and make recommendations for

23  improvements in the actions taken by public-private

24  partnerships to meet performance standards.

25         (4)  The director of the Office of Tourism, Trade, and

26  Economic Development shall designate a position within the

27  office to advocate and coordinate the interests of minority

28  businesses.  The person in this position shall report to the

29  director and shall be the primary point of contact for the

30  office on issues and projects important to the recruitment,

31  creation, preservation, and growth of minority businesses.

                                  6

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (5)  The director of the Office of Tourism, Trade, and

 2  Economic Development shall designate a position within the

 3  office to advocate and coordinate the interests of rural

 4  communities in the state.  The person in this position shall

 5  report to the director and shall be the primary point of

 6  contact for the office on issues and projects important to the

 7  economic capacity of Florida's rural communities.

 8         (6)(a)  In order to improve the state's regulatory

 9  environment, the Office of Tourism, Trade, and Economic

10  Development shall consider the impact of agency rules on

11  businesses, provide one-stop permit information and

12  assistance, and serve as an advocate for businesses,

13  particularly small businesses, in their dealings with state

14  agencies.

15         (b)  As used in this subsection, the term "permit"

16  means any approval of an agency required as a condition of

17  operating a business in this state, including, but not limited

18  to, licenses and registrations.

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

20         1.  Review proposed agency actions for impacts on small

21  businesses and offer alternatives to mitigate such impacts, as

22  provided in s. 120.54.

23         2.  In consultation with the Governor's rules

24  ombudsman, make recommendations to agencies on any existing

25  and proposed rules for alleviating unnecessary or

26  disproportionate adverse effects to businesses.

27         3.  Make recommendations to the Legislature and to

28  agencies for improving permitting procedures affecting

29  business activities in the state. By October 1, 1997, and

30  annually thereafter, the Office of Tourism, Trade, and

31  Economic Development shall submit a report to the Legislature

                                  7

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  containing the following:

 2         a.  An identification and description of methods to

 3  eliminate, consolidate, simplify, or expedite permits.

 4         b.  An identification and description of those agency

 5  rules repealed or modified during each calendar year to

 6  improve the regulatory climate for businesses operating in the

 7  state.

 8         c.  A recommendation for an operating plan and funding

 9  level for establishing an automated one-stop permit registry

10  to provide the following services:

11         (I)  Access by computer network to all permit

12  applications and approval requirements of each state agency.

13         (II)  Assistance in the completion of such

14  applications.

15         (III)  Centralized collection of any permit fees and

16  distribution of such fees to agencies.

17         (IV)  Submission of application data and circulation of

18  such data among state agencies by computer network.

19

20  If the Legislature establishes such a registry, subsequent

21  annual reports must cover the status and performance of this

22  registry.

23         4.  Serve as a clearinghouse for information on which

24  permits are required for a particular business and on the

25  respective application process, including criteria applied in

26  making a determination on a permit application. Each state

27  agency that requires a permit, license, or registration for a

28  business shall submit to the Office of Tourism, Trade, and

29  Economic Development by August 1 of each year a list of the

30  types of businesses and professions that it regulates and of

31  each permit, license, or registration that it requires for a

                                  8

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  type of business or profession.

 2         5.  Obtain information and permit applications from

 3  agencies and provide such information and permit applications

 4  to the public.

 5         6.  Arrange, upon request, informal conferences between

 6  a business and an agency to clarify regulatory requirements or

 7  standards or to identify and address problems in the permit

 8  review process.

 9         7.  Determine, upon request, the status of a particular

10  permit application.

11         8.  Receive complaints and suggestions concerning

12  permitting policies and activities of governmental agencies

13  which affect businesses.

14         (d)  Use of the services authorized in this subsection

15  does not preclude a person or business from dealing directly

16  with an agency.

17         (e)  In carrying out its duties under this subsection,

18  the Office of Tourism, Trade, and Economic Development may

19  consult with state agency personnel appointed to serve as

20  economic development liaisons under s. 288.021.

21         (f)  The office shall clearly represent that its

22  services are advisory, informational, and facilitative only.

23  Advice, information, and assistance rendered by the office

24  does not relieve any person or business from the obligation to

25  secure a required permit. The office is not liable for any

26  consequences resulting from the failure to issue or to secure

27  a required permit. However, an applicant who uses the services

28  of the office and who receives a written statement identifying

29  required state permits relating to a business activity may not

30  be assessed a penalty for failure to obtain a state permit

31  that was not identified, if the applicant submits an

                                  9

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  application for each such permit within 60 days after written

 2  notification from the agency responsible for issuing the

 3  permit.

 4         (7)  The Office of Tourism, Trade, and Economic

 5  Development shall develop performance measures, standards, and

 6  sanctions for each program it administers under this act and,

 7  in conjunction with the applicable entity, for each program

 8  for which it contracts with another entity under this act.

 9  The performance measures, standards, and sanctions shall be

10  developed in consultation with the legislative appropriations

11  committees and the appropriate substantive committees, and are

12  subject to the review and approval process provided in s.

13  216.177.  The approved performance measures, standards, and

14  sanctions shall be included and made a part of the strategic

15  plan for the Office of the Film Commissioner and each contract

16  entered into for delivery of programs authorized by this act.

17         (8)  The Office of Tourism, Trade, and Economic

18  Development shall ensure that the contract between the Florida

19  Commission on Tourism and the commission's direct-support

20  organization contains a provision to provide the data on the

21  visitor counts and visitor profiles used in revenue

22  estimating, employing the same methodology used in fiscal year

23  1995-1996 by the Department of Commerce. The Office of

24  Tourism, Trade, and Economic Development and the Florida

25  Commission on Tourism must reach agreement with the Consensus

26  Estimating Conference principals before making any changes in

27  methodology used or information gathered.

28         (9)(a)  The Office of Urban Opportunity is created

29  within the Office of Tourism, Trade, and Economic Development.

30  The director of the Office of Urban Opportunity shall be

31  appointed by and serve at the pleasure of the Governor.

                                  10

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (b)  The purpose of the Office of Urban Opportunity

 2  shall be to administer the Front Porch Florida initiative, a

 3  comprehensive, community-based urban core redevelopment

 4  program that will empower urban core residents to craft

 5  solutions to the unique challenges of each designated

 6  community.

 7         (9)(a)  Subject to the cooperative recommendations of

 8  Enterprise Florida, Inc., and the Florida Commission on

 9  Tourism and also to the approval of the Governor, the Office

10  of Tourism, Trade, and Economic Development is authorized to

11  expend appropriated state and federal funds for general

12  economic development grants. The office shall establish

13  criteria for the award of grants, including criteria relating

14  to highest economic return for the state as a whole, or a

15  particular region, county, city, or community, ability to

16  properly administer grant funds, and such other matters deemed

17  necessary and appropriate to further the purposes of this

18  subsection. The office shall expend all funds in accordance

19  with state law and shall use such appropriations to supplement

20  the financial support of:

21         1.  Programs that have a substantial economic

22  significance, giving emphasis to programs that benefit the

23  state as a whole.

24         2.  Programs with a high potential for match funding

25  from nonstate sources.

26         3.  Economic development programs for which no other

27  state grants are available.

28         4.  Rural areas and distressed urban areas.

29         (b)  Grants shall be made by contract with any

30  nonprofit corporation or local or state governmental entity.

31  Of the total amount of funds available from all sources for

                                  11

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  grants, 70 percent of such funds shall be awarded on a

 2  50-percent matching basis. Up to 30 percent of such funds

 3  available may be awarded on a nonmatching basis.

 4         (c)  In administering grants, contracts, and funds

 5  appropriated for economic development programs, the office may

 6  release moneys in advance on a quarterly basis. By the end of

 7  the contract period, the grantee or contractee shall furnish

 8  to the office a complete and accurate accounting of how all

 9  grant funds were expended. Postaudits to be conducted by an

10  independent certified public accountant may be required in

11  accordance with criteria adopted by the office.

12         (d)  The office shall not award any new grant which

13  will, in whole or in part, inure to the personal benefit of

14  any board member of Enterprise Florida, Inc., or the Florida

15  Commission on Tourism during that member's term of office, if

16  the board member participated in the vote of the board or

17  panel thereof recommending the award. However, this subsection

18  does not prohibit the office from awarding a grant to an

19  entity with which a board member is associated.

20         (e)  This subsection is repealed on July 1, 1999.

21         Section 2.  Section 288.125, Florida Statutes, is

22  created to read:

23         288.125  Definitions.--For the purposes of sections

24  288.1251 through 288.1258, "entertainment industry" means

25  those persons or entities engaged in the operation of motion

26  picture or television studios or recording studios, or those

27  persons or entities engaged in the preproduction, production,

28  or postproduction of motion pictures, made-for-TV motion

29  pictures, television series, commercial advertising, music

30  videos, or sound recordings.

31         Section 3.  Section 288.1251, Florida Statutes, is

                                  12

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  created to read:

 2         288.1251  Promotion and development of entertainment

 3  industry; Office of the Film Commissioner; creation; purpose;

 4  powers and duties.--

 5         (1)  CREATION.--

 6         (a)  There is hereby created within the Office of

 7  Tourism, Trade, and Economic Development the Office of the

 8  Film Commissioner for the purpose of developing, marketing,

 9  promoting, and providing services to the state's entertainment

10  industry.

11         (b)  The Office of Tourism, Trade, and Economic

12  Development shall conduct a national search for a qualified

13  person to fill the position of Film Commissioner, and the

14  Executive Director of the Office of Tourism, Trade, and

15  Economic Development shall hire the Film Commissioner.

16  Guidelines for selection of the Film Commissioner shall

17  include, but not be limited to, the Film Commissioner having

18  the following:

19         1.  A working knowledge of the equipment, personnel,

20  financial, and day-to-day production operations of the

21  industries to be served by the office;

22         2.  Marketing and promotion experience related to the

23  industries to be served by the office;

24         3.  Experience working with a variety of individuals

25  representing large and small entertainment-related businesses,

26  industry associations, local community entertainment industry

27  liaisons, and labor organizations; and

28         4.  Experience working with a variety of state and

29  local governmental agencies.

30         (2)  POWERS AND DUTIES.--

31         (a)  The Office of the Film Commissioner, in

                                  13

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  performance of its duties, shall:

 2         1.  In consultation with the Florida Film Advisory

 3  Council, develop and implement a 5-year strategic plan to

 4  guide the activities of the Office of the Film Commissioner in

 5  the areas of entertainment industry development, marketing,

 6  promotion, liaison services, field office administration, and

 7  information.  The plan, to be developed by no later than June

 8  30, 2000, shall:

 9         a.  Be annual in construction and ongoing in nature.

10         b.  Include recommendations relating to the

11  organizational structure of the office.

12         c.  Include an annual budget projection for the office

13  for each year of the plan.

14         d.  Include an operational model for the office to use

15  in implementing programs for rural and urban areas designed

16  to:

17         (I)  Develop and promote the state's entertainment

18  industry.

19         (II)  Have the office serve as a liaison between the

20  entertainment industry and other state and local governmental

21  agencies, local film commissions, and labor organizations.

22         (III)  Gather statistical information related to the

23  state's entertainment industry.

24         (IV)  Provide information and service to businesses,

25  communities, organizations, and individuals engaged in

26  entertainment industry activities.

27         (V)  Administer field offices outside the state and

28  coordinate with regional offices maintained by counties and

29  regions of the state, as described in sub-sub-subparagraph

30  (II), as necessary.

31         e.  Include performance standards and measurable

                                  14

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  outcomes for the programs to be implemented by the office.

 2         f.  Include an assessment of, and make recommendations

 3  on, the feasibility of creating an alternative public-private

 4  partnership for the purpose of contracting with such a

 5  partnership for the administration of the state's

 6  entertainment industry promotion, development, marketing, and

 7  service programs.

 8         2.  Develop, market, and facilitate a smooth working

 9  relationship between state agencies and local governments in

10  cooperation with local film commission offices for

11  out-of-state and indigenous entertainment industry production

12  entities.

13         3.  Implement a structured methodology prescribed for

14  coordinating activities of local offices with each other and

15  the commissioner's office.

16         4.  Represent the state's indigenous entertainment

17  industry to key decisionmakers within the national and

18  international entertainment industry, and to state and local

19  officials.

20         5.  Prepare an inventory and analysis of the state's

21  entertainment industry, including, but not limited to,

22  information on crew, related businesses, support services, job

23  creation, talent, and economic impact and coordinate with

24  local offices to develop an information tool for common use.

25         6.  Represent key decisionmakers within the national

26  and international entertainment industry to the indigenous

27  entertainment industry and to state and local officials.

28         7.  Serve as liaison between entertainment industry

29  producers and labor organizations.

30         8.  Identify, solicit, and recruit entertainment

31  production opportunities for the state.

                                  15

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         9.  Assist rural communities and other small

 2  communities in the state in developing the expertise and

 3  capacity necessary for such communities to develop, market,

 4  promote, and provide services to the state's entertainment

 5  industry.

 6         (b)  The Office of the Film Commissioner, in the

 7  performance of its duties, may:

 8         1.  Conduct or contract for specific promotion and

 9  marketing functions, including, but not limited to, production

10  of a statewide directory, production and maintenance of an

11  Internet web site, establishment and maintenance of a

12  toll-free number, organization of trade show participation,

13  and appropriate cooperative marketing opportunities.

14         2.  Conduct its affairs, carry on its operations,

15  establish offices, and exercise the powers granted by this act

16  in any state, territory, district, or possession of the United

17  States.

18         3.  Carry out any program of information, special

19  events, or publicity designed to attract entertainment

20  industry to Florida.

21         4.  Develop relationships and leverage resources with

22  other public and private organizations or groups in their

23  efforts to publicize to the entertainment industry in this

24  state, other states, and other countries the depth of

25  Florida's entertainment industry talent, crew, production

26  companies, production equipment resources, related businesses,

27  and support services, including the establishment of and

28  expenditure for a program of cooperative advertising with

29  these public and private organizations and groups in

30  accordance with the provisions of chapter 120.

31         5.  Provide and arrange for reasonable and necessary

                                  16

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  promotional items and services for such persons as the office

 2  deems proper in connection with the performance of the

 3  promotional and other duties of the office.

 4         6.  Prepare an annual economic impact analysis on

 5  entertainment industry-related activities in the state.

 6         Section 4.  Section 288.1252, Florida Statutes, is

 7  created to read:

 8         288.1252  Florida Film Advisory Council; creation;

 9  purpose; membership; powers and duties.--

10         (1)  CREATION.--There is hereby created within the

11  Office of Tourism, Trade, and Economic Development of the

12  Executive Office of the Governor, for administrative purposes

13  only, the Florida Film Advisory Council.

14         (2)  PURPOSE.--The purpose of the council shall be to

15  serve as an advisory body to the Office of Tourism, Trade, and

16  Economic Development and to the Office of the Film

17  Commissioner to provide these offices with industry insight

18  and expertise related to developing, marketing, promoting, and

19  providing service to the state's entertainment industry.

20         (3)  MEMBERSHIP.--

21         (a)  The council shall consist of 17 members, seven to

22  be appointed by the Governor, five to be appointed by the

23  President of the Senate, and five to be appointed by the

24  Speaker of the House of Representatives, with the initial

25  appointments being made no later than August 1, 1999.

26         (b)  When making appointments to the council, the

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives shall appoint persons who are

29  residents of the state and who are highly knowledgeable of,

30  active in, and recognized leaders in Florida's motion picture,

31  television, video, sound recording, or other entertainment

                                  17

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  industries. These persons shall include, but not be limited

 2  to, representatives of local film commissions, representatives

 3  of entertainment associations, a representative of the

 4  broadcast industry, representatives of labor organizations in

 5  the entertainment industry, and board chairs, presidents,

 6  chief executive officers, chief operating officers, or persons

 7  of comparable executive position or stature of leading or

 8  otherwise important entertainment industry businesses and

 9  offices.  Council members shall be appointed in such a manner

10  as to equitably represent the broadest spectrum of the

11  entertainment industry and geographic areas of the state.

12         (c)  Council members shall serve for 4-year terms,

13  except that the initial terms shall be staggered:

14         1.  The Governor shall appoint one member for a 1-year

15  term, two members for 2-year terms, two members for 3-year

16  terms, and two members for 4-year terms.

17         2.  The President of the Senate shall appoint one

18  member for a 1-year term, one member for a 2-year term, two

19  members for 3-year terms, and one member for a 4-year term.

20         3.  The Speaker of the House of Representatives shall

21  appoint one member for a 1-year term, one member for a 2-year

22  term, two members for 3-year terms, and one member for a

23  4-year term.

24         (d)  Subsequent appointments shall be made by the

25  official who appointed the council member whose expired term

26  is to be filled.

27         (e)  The Film Commissioner, a representative of

28  Enterprise Florida, Inc., and a representative of the Florida

29  Tourism Industry Marketing Corporation shall serve as ex

30  officio, nonvoting members of the council, and shall be in

31  addition to the 17 appointed members of the council.

                                  18

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (f)  Absence from three consecutive meetings shall

 2  result in automatic removal from the council.

 3         (g)  A vacancy on the council shall be filled for the

 4  remainder of the unexpired term by the official who appointed

 5  the vacating member.

 6         (h)  No more than one member of the council may be an

 7  employee of any one company, organization, or association.

 8         (i)  Any member shall be eligible for reappointment but

 9  may not serve more than two consecutive terms.

10         (4)  MEETINGS; ORGANIZATION.--

11         (a)  The council shall meet no less frequently than

12  once each quarter of the calendar year, but may meet more

13  often as set by the council.

14         (b)  The council shall annually elect one member to

15  serve as chair of the council and one member to serve as vice

16  chair.  The Office of the Film Commissioner shall provide

17  staff assistance to the council, which shall include, but not

18  be limited to, keeping records of the proceedings of the

19  council, and serving as custodian of all books, documents, and

20  papers filed with the council.

21         (c)  A majority of the members of the council shall

22  constitute a quorum.

23         (d)  Members of the council shall serve without

24  compensation, but shall be entitled to reimbursement for per

25  diem and travel expenses in accordance with s. 112.061 while

26  in performance of their duties.

27         (5)  POWERS AND DUTIES.--The Florida Film Advisory

28  Council shall have all the powers necessary or convenient to

29  carry out and effectuate the purposes and provisions of this

30  act, including, but not limited to, the power to:

31         (a)  Adopt bylaws for the governance of its affairs and

                                  19

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  the conduct of its business.

 2         (b)  Advise and consult with the Office of the Film

 3  Commissioner on the content, development, and implementation

 4  of the 5-year strategic plan to guide the activities of the

 5  office.

 6         (c)  Review the Film Commissioner's administration of

 7  the programs related to the strategic plan, and advise the

 8  commissioner on the programs and any changes that might be

 9  made to better meet the strategic plan.

10         (d)  Consider and study the needs of the entertainment

11  industry for the purpose of advising the commissioner and the

12  Office of Tourism, Trade, and Economic Development.

13         (e)  Identify and make recommendations on state agency

14  and local government actions that may have an impact on the

15  entertainment industry or that may appear to industry

16  representatives as an official state or local action affecting

17  production in the state.

18         (f)  Consider all matters submitted to it by the

19  commissioner and the Office of Tourism, Trade, and Economic

20  Development.

21         (g)  Advise and consult with the commissioner and the

22  Office of Tourism, Trade, and Economic Development, at their

23  request or upon its own initiative, regarding the

24  promulgation, administration, and enforcement of all laws and

25  rules relating to the entertainment industry.

26         (h)  Suggest policies and practices for the conduct of

27  business by the Office of the Film Commissioner or by the

28  Office of Tourism, Trade, and Economic Development that will

29  improve internal operations affecting the entertainment

30  industry and will enhance the economic development initiatives

31  of the state for the industry.

                                  20

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (i)  Appear on its own behalf before boards,

 2  commissions, departments, or other agencies of municipal,

 3  county, or state government, or the Federal Government.

 4         Section 5.  Section 288.1253, Florida Statutes, is

 5  created to read:

 6         288.1253  Travel and entertainment expenses.--

 7         (1)  As used in this section:

 8         (a)  "Business client" means any person, other than a

 9  state official or state employee, who receives the services of

10  representatives of the Office of the Film Commissioner in

11  connection with the performance of its statutory duties,

12  including persons or representatives of entertainment industry

13  companies considering location, relocation, or expansion of an

14  entertainment industry business within the state.

15         (b)  "Entertainment expenses" means the actual,

16  necessary, and reasonable costs of providing hospitality for

17  business clients or guests, which costs are defined and

18  prescribed by rules adopted by the Office of Tourism, Trade,

19  and Economic Development, subject to approval by the

20  Comptroller.

21         (c)  "Guest" means a person, other than a state

22  official or state employee, authorized by the Office of

23  Tourism, Trade, and Economic Development to receive the

24  hospitality of the Office of the Film Commissioner in

25  connection with the performance of its statutory duties.

26         (d)  "Travel expenses" means the actual, necessary, and

27  reasonable costs of transportation, meals, lodging, and

28  incidental expenses normally incurred by a traveler, which

29  costs are defined and prescribed by rules adopted by the

30  Office of Tourism, Trade, and Economic Development, subject to

31  approval by the Comptroller.

                                  21

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (2)  Notwithstanding the provisions of s. 112.061, the

 2  Office of Tourism, Trade, and Economic Development shall adopt

 3  rules by which it may make expenditures by advancement or

 4  reimbursement, or a combination thereof, to:

 5         (a)  The Governor, the Lieutenant Governor, security

 6  staff of the Governor or Lieutenant Governor, the Film

 7  Commissioner, or staff of the Office of the Film Commissioner

 8  for travel expenses or entertainment expenses incurred by such

 9  individuals solely and exclusively in connection with the

10  performance of the statutory duties of the Office of the Film

11  Commissioner.

12         (b)  The Governor, the Lieutenant Governor, security

13  staff of the Governor or Lieutenant Governor, the Film

14  Commissioner, or staff of the Office of the Film Commissioner

15  for travel expenses or entertainment expenses incurred by such

16  individuals on behalf of guests, business clients, or

17  authorized persons as defined in s. 112.061(2)(e) solely and

18  exclusively in connection with the performance of the

19  statutory duties of the Office of the Film Commissioner.

20         (c)  Third-party vendors for the travel or

21  entertainment expenses of guests, business clients, or

22  authorized persons as defined in s. 112.061(2)(e) incurred

23  solely and exclusively while such persons are participating in

24  activities or events carried out by the Office of the Film

25  Commissioner in connection with that office's statutory

26  duties.

27

28  The rules shall be subject to approval by the Comptroller

29  prior to promulgation.  The rules shall require the submission

30  of paid receipts, or other proof of expenditure prescribed by

31  the Comptroller, with any claim for reimbursement and shall

                                  22

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  require, as a condition for any advancement of funds, an

 2  agreement to submit paid receipts or other proof of

 3  expenditure and to refund any unused portion of the

 4  advancement within 15 days after the expense is incurred or,

 5  if the advancement is made in connection with travel, within

 6  10 working days after the traveler's return to headquarters.

 7  However, with respect to an advancement of funds made solely

 8  for travel expenses, the rules may allow paid receipts or

 9  other proof of expenditure to be submitted, and any unused

10  portion of the advancement to be refunded, within 10 working

11  days after the traveler's return to headquarters. Operational

12  or promotional advancements, as defined in s. 288.35(4),

13  obtained pursuant to this section shall not be commingled with

14  any other state funds.

15         (3)  The Office of Tourism, Trade, and Economic

16  Development shall prepare an annual report of the expenditures

17  of the Office of the Film Commissioner and provide such report

18  to the Legislature no later than December 30 of each year for

19  the expenditures of the previous fiscal year. The report shall

20  consist of a summary of all travel, entertainment, and

21  incidental expenses incurred within the United States and all

22  travel, entertainment, and incidental expenses incurred

23  outside the United States, as well as a summary of all

24  successful projects that developed from such travel.

25         (4)  The Office of the Film Commissioner and its

26  employees and representatives, when authorized, may accept and

27  use complimentary travel, accommodations, meeting space,

28  meals, equipment, transportation, and any other goods or

29  services necessary for or beneficial to the performance of the

30  office's duties and purposes, so long as such acceptance or

31  use is not in conflict with part III of chapter 112.  The

                                  23

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Office of Tourism, Trade, and Economic Development shall, by

 2  rule, develop internal controls to ensure that such goods or

 3  services accepted or used pursuant to this subsection are

 4  limited to those that will assist solely and exclusively in

 5  the furtherance of the office's goals and are in compliance

 6  with part III of chapter 112.

 7         (5)  Any claim submitted under this section shall not

 8  be required to be sworn to before a notary public or other

 9  officer authorized to administer oaths, but any claim

10  authorized or required to be made under any provision of this

11  section shall contain a statement that the expenses were

12  actually incurred as necessary travel or entertainment

13  expenses in the performance of official duties of the Office

14  of the Film Commissioner and shall be verified by written

15  declaration that it is true and correct as to every material

16  matter.  Any person who willfully makes and subscribes to any

17  claim which he or she does not believe to be true and correct

18  as to every material matter or who willfully aids or assists

19  in, procures, or counsels or advises with respect to, the

20  preparation or presentation of a claim pursuant to this

21  section that is fraudulent or false as to any material matter,

22  whether or not such falsity or fraud is with the knowledge or

23  consent of the person authorized or required to present the

24  claim, commits a misdemeanor of the second degree, punishable

25  as provided in s. 775.082 or s. 775.083. Whoever receives an

26  advancement or reimbursement by means of a false claim is

27  civilly liable, in the amount of the overpayment, for the

28  reimbursement of the public fund from which the claim was

29  paid.

30         Section 6.  21st Century Digital Television and

31  Education Task Force; membership; duties.--

                                  24

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         (1)  The 21st Century Digital Television and Education

 2  Task Force is created to serve through February 1, 2000. The

 3  task force is created within the Office of Tourism, Trade, and

 4  Economic Development, which shall provide staff support for

 5  the activities of the task force.  The task force shall

 6  consist of the following members:

 7         (a)  Two members to be appointed by the Governor.

 8         (b)  Two members of the Senate, or their designees, to

 9  be appointed by the President of the Senate.

10         (c)  Two members of the House of Representatives, or

11  their designees, to be appointed by the Speaker of the House

12  of Representatives.

13         (d)  The Commissioner of Education or the

14  commissioner's designee.

15         (e)  The Chancellor of the State University System or

16  the chancellor's designee.

17         (f)  The Executive Director of the State Community

18  College System or the executive director's designee.

19         (g)  The President of the Independent Colleges and

20  Universities of Florida or the president's designee.

21         (h)  A representative of Enterprise Florida, Inc., with

22  knowledge on workforce development and economic development

23  issues.

24         (i)  The Film Commissioner within the Office of

25  Tourism, Trade, and Economic Development.

26         (2)  Each appointed member of the task force shall

27  serve at the pleasure of the appointing official. A vacancy on

28  the task force shall be filled in the same manner as the

29  original appointment.

30         (3)  The task force shall elect a chair from among its

31  members. A vacancy in the chair of the task force must be

                                  25

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  filled for the remainder of the unexpired term by election by

 2  the task force members.

 3         (4)  The task force shall meet as necessary, at the

 4  call of the chair or at the call of a quorum of the task

 5  force, and at the time and place designated by the chair. A

 6  quorum is necessary for the purpose of conducting official

 7  business of the task force. Six members of the task force

 8  shall constitute a quorum. The task force shall use accepted

 9  rules of procedure to conduct its meetings and shall keep a

10  complete record of each meeting.

11         (5)  Members of the task force shall receive no

12  compensation for their services, but shall be entitled to

13  receive per diem and travel expenses as provided in s.

14  112.061, Florida Statutes.

15         (6)  The task force shall act as an advisory body and

16  shall make recommendations to the Governor and the Legislature

17  on a coordinated plan to carry out the legislative intent of

18  this section. The task force shall have the following duties:

19         (a)  To devise a plan to recruit the following industry

20  segments to locate in Florida:

21         1.  Digital programmers and producers, including

22  companies involved in the production, marketing, and

23  development of digital content, as well as studios, networks,

24  and television stations.

25         2.  Companies involved in the transmission of digital

26  media, including television broadcasters; cable and satellite

27  companies; television, theater, and film industry members;

28  Internet content providers; web site producers; and other

29  information service providers.

30         3.  Digital television equipment manufacturers,

31  including makers of digital video cameras, audio equipment,

                                  26

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  transmission equipment, television sets, set-top boxes and

 2  related hardware, monitors, displays, tapes, and discs.

 3         4.  Companies involved in the research and development

 4  of new and innovative digital television equipment, consumer

 5  electronics, prototypes, and products.

 6         (b)  To investigate and recommend strong economic

 7  incentives to encourage the digital industry segments

 8  described in subparagraph (a)1. to locate and compete in

 9  Florida.

10         (c)  To devise a plan to create and maintain higher

11  education opportunities for students wishing to enter the

12  digital television field. At a minimum, the plan shall

13  consider and address the following:

14         1.  The extent to which higher education opportunities

15  are currently available to students in the areas of digital

16  production, transmission, manufacturing, and research and

17  development.

18         2.  The workforce needs of the digital television

19  industry segments described in subparagraph (a)1.

20         3.  Recommendations and an operational plan for

21  creating and maintaining higher education opportunities in

22  digital television production, transmission, manufacturing,

23  and research and development.

24         4.  Any other recommendations to encourage and promote

25  the development of a skilled workforce in digital broadcast

26  communications and high-definition television.

27         (d)  To recommend methods to hasten the conversion of

28  existing commercial television studios and soundstages from

29  analog to digital technology.

30         (e)  To recommend a means to fund the cost of

31  converting public broadcast stations from analog to digital

                                  27

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  technology, including a grant program for Florida Public

 2  Television.

 3         (f)  To issue a report to the Legislature no later than

 4  February 1, 2000, summarizing its findings, stating its

 5  conclusions, and proposing its recommendations.

 6         Section 7.  Subsections (1) and (2) of section

 7  288.1229, Florida Statutes, are amended, and subsections (8)

 8  and (9) are added to that section, to read:

 9         288.1229  Promotion and development of sports-related

10  industries and amateur athletics; direct-support organization;

11  powers and duties.--

12         (1)  The Office of Tourism, Trade, and Economic

13  Development may authorize a direct-support organization to

14  assist the office in:

15         (a)  The promotion and development of the sports

16  industry and related industries for the purpose of improving

17  the economic presence of these industries in Florida.

18         (b)  The promotion of amateur athletic participation

19  for the citizens of Florida and the promotion of Florida as a

20  host for national and international amateur athletic

21  competitions for the purpose of encouraging and increasing the

22  direct and ancillary economic benefits of amateur athletic

23  events and competitions.

24         (2)  To be authorized as a direct-support organization,

25  an organization must:

26         (a)  Be incorporated as a corporation not for profit

27  pursuant to chapter 617.

28         (b)  Be governed by a board of directors, which must

29  consist of up to 15 members appointed by the Governor and up

30  to 15 members appointed by the existing board of directors.

31  In making appointments, the board must consider a potential

                                  28

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  member's background in community service and sports activism

 2  in, and financial support of, the sports industry,

 3  professional sports, or organized amateur athletics.  Members

 4  must be residents of the state and highly knowledgeable about

 5  or active in professional or organized amateur sports. The

 6  board must contain representatives of all geographical regions

 7  of the state and must represent ethnic and gender diversity.

 8  The terms of office of the members shall be 4 years.  No

 9  member may serve more than two consecutive terms.  The

10  Governor may remove any member for cause and shall fill all

11  vacancies that occur.

12         (c)  Have as its purpose, as stated in its articles of

13  incorporation, to receive, hold, invest, and administer

14  property; to raise funds and receive gifts; and to promote and

15  develop the sports industry and related industries for the

16  purpose of increasing the economic presence of these

17  industries in Florida.

18         (d)  Have a prior determination by the Office of

19  Tourism, Trade, and Economic Development that the organization

20  will benefit the office and act in the best interests of the

21  state as a direct-support organization to the office.

22         (8)  To promote amateur sports and physical fitness,

23  the direct-support organization shall:

24         (a)  Develop, foster, and coordinate services and

25  programs for amateur sports for the people of Florida.

26         (b)  Sponsor amateur sports workshops, clinics,

27  conferences, and other similar activities.

28         (c)  Give recognition to outstanding developments and

29  achievements in, and contributions to, amateur sports.

30         (d)  Encourage, support, and assist local governments

31  and communities in the development of or hosting of local

                                  29

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  amateur athletic events and competitions.

 2         (e)  Promote Florida as a host for national and

 3  international amateur athletic competitions.  As part of this

 4  effort, the direct-support organization shall:

 5         1.  Assist and support Florida cities or communities

 6  bidding or seeking to host the Summer Olympics or Pan American

 7  Games.

 8         2.  Annually report to the Governor, the President of

 9  the Senate, and the Speaker of the House of Representatives on

10  the status of the efforts of cities or communities bidding to

11  host the Summer Olympics or Pan American Games, including, but

12  not limited to, current financial and infrastructure status,

13  projected financial and infrastructure needs, and

14  recommendations for satisfying the unmet needs and fulfilling

15  the requirements for a successful bid in any year that the

16  Summer Olympics or Pan American Games are held in this state.

17         (f)  Develop a statewide program of amateur athletic

18  competition to be known as the "Sunshine State Games."

19         (g)  Continue the successful amateur sports programs

20  previously conducted by the Florida Governor's Council on

21  Physical Fitness and Amateur Sports created under s. 14.22.

22         (h)  Encourage and continue the use of volunteers in

23  its amateur sports programs to the maximum extent possible.

24         (i)  Develop, foster, and coordinate services and

25  programs designed to encourage the participation of Florida's

26  youth in Olympic sports activities and competitions.

27         (j)  Foster and coordinate services and programs

28  designed to contribute to the physical fitness of the citizens

29  of Florida.

30         (9)(a)  The Sunshine State Games shall be patterned

31  after the Summer Olympics with variations as necessitated by

                                  30

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  availability of facilities, equipment, and expertise.  The

 2  games shall be designed to encourage the participation of

 3  athletes representing a broad range of age groups, skill

 4  levels, and Florida communities. Participants shall be

 5  residents of this state.  Regional competitions shall be held

 6  throughout the state, and the top qualifiers in each sport

 7  shall proceed to the final competitions to be held at a site

 8  in the state with the necessary facilities and equipment for

 9  conducting the competitions.

10         (b)  The Executive Office of the Governor is authorized

11  to permit the use of property, facilities, and personal

12  services of or at any State University System facility or

13  institution by the direct-support organization operating the

14  Sunshine State Games.  For the purposes of this paragraph,

15  personal services includes full-time or part-time personnel as

16  well as payroll processing.

17         Section 8.  Paragraph (a) of subsection (6) of section

18  320.08058, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         320.08058  Specialty license plates.--

21         (6)  FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE

22  PLATES.--

23         (a)  Because the United States Olympic Committee has

24  selected this state to participate in a combined fundraising

25  program that provides for one-half of all money raised through

26  volunteer giving to stay in this state and be administered by

27  the direct-support organization established under s. 288.1229

28  Sunshine State Games Foundation to support amateur sports, and

29  because the United States Olympic Committee and the

30  direct-support organization Sunshine State Games Foundation

31  are nonprofit organizations dedicated to providing athletes

                                  31

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 1  with support and training and preparing athletes of all ages

 2  and skill levels for sports competition, and because the

 3  direct-support organization Sunshine State Games Foundation

 4  assists in the bidding for sports competitions that provide

 5  significant impact to the economy of this state, and the

 6  Legislature supports the efforts of the United States Olympic

 7  Committee and the direct-support organization Florida Sunshine

 8  State Games Foundation, the Legislature establishes a Florida

 9  United States Olympic Committee license plate for the purpose

10  of providing a continuous funding source to support this

11  worthwhile effort.  Florida United States Olympic Committee

12  license plates must contain the official United States Olympic

13  Committee logo and must bear a design and colors that are

14  approved by the department.  The word "Florida" must be

15  centered at the top of the plate.

16         (b)  The license plate annual use fees are to be

17  annually distributed as follows:

18         1.  The first $5 million collected annually must be

19  paid to the direct-support organization Florida Governor's

20  Council on Physical Fitness and Amateur Sports to be

21  distributed as follows:

22         a.  Fifty percent must be distributed to the

23  direct-support organization to be used Sunshine State Games

24  Foundation for Florida's Sunshine State Games Olympic Sports

25  Festival for Amateur Athletes.

26         b.  Fifty percent must be distributed to the United

27  States Olympic Committee.

28         2.  Any additional fees must be deposited into the

29  General Revenue Fund.

30         Section 9.  Any funds or property held in trust by the

31  Sunshine State Games Foundation, Inc., and the Florida

                                  32

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 1  Governor's Council on Physical Fitness and Amateur Sports

 2  shall revert to the direct-support organization created under

 3  s. 288.1229, Florida Statutes, upon expiration or cancellation

 4  of the contract with the Sunshine State Games Foundation,

 5  Inc., and the Florida Governor's Council on Physical Fitness

 6  and Amateur Sports, to be used for the promotion of amateur

 7  sports in Florida.

 8         Section 10.  Section 14.22, Florida Statutes, is

 9  repealed.

10         Section 11.  Paragraph (e) of subsection (6) of section

11  288.108, Florida Statutes, is amended to read:

12         288.108  High-impact business.--

13         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

14  SECTORS.--

15         (e)  The study and its findings and recommendations and

16  the recommendations gathered from the sector-business network

17  must be discussed and considered during at least one of the

18  meeting quarterly meetings required in s. 14.2015(2)(e)(h).

19         Section 12.  Sections 288.051, 288.052, 288.053,

20  288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,

21  Florida Statutes, are repealed.

22         Section 13.  Effective July 1, 1999, three

23  full-time-equivalent positions are hereby appropriated to the

24  Executive Office of the Governor in order to implement the

25  provisions of this act relating to the Office of the Film

26  Commissioner.

27         Section 14.  Subsection (1) of section 288.1221,

28  Florida Statutes, is amended to read:

29         288.1221  Legislative intent.--

30         (1)  It is the intent of the Legislature to establish a

31  public-private partnership to provide policy direction to and

                                  33

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

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 1  technical expertise in the promotion and marketing of the

 2  state's tourism attributes. The Legislature further intends to

 3  authorize this partnership to recommend the tenets of an

 4  industry standard 4-year 5-year marketing plan for an annual

 5  marketing plan for tourism promotion and recommend a

 6  comparable organizational structure to carry out such a plan.

 7  The Legislature intends to have such a plan funded by that

 8  portion of the rental car surcharge annually dedicated to the

 9  Tourism Promotional Trust Fund, pursuant to s. 212.0606, and

10  by the tourism industry. The Legislature intends that the

11  exercise of this authority by the public-private partnership

12  shall take into consideration the recommendations made to the

13  1992 Legislature in the report submitted by the Florida

14  Tourism Commission created pursuant to chapter 91-31, Laws of

15  Florida.

16         Section 15.  Subsection (2) of section 288.1222,

17  Florida Statutes, is amended to read:

18         288.1222  Definitions.--For the purposes of ss.

19  288.017, 288.121-288.1226, and 288.124, the term:

20         (2)  "Tourist" means any person who participates in

21  trade or recreation activities outside the county country of

22  his or her permanent residence or who rents or leases

23  transient living quarters or accommodations as described in s.

24  125.0104(3)(a).

25         Section 16.  Paragraphs (e), (f), and (g) of subsection

26  (2) of section 288.1223, Florida Statutes, are amended to

27  read:

28         288.1223  Florida Commission on Tourism; creation;

29  purpose; membership.--

30         (2)

31         (e)  General tourism-industry-related members shall be

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                                                   HOUSE AMENDMENT

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 1  limited to two 4-year full consecutive terms. This limitation

 2  applies to terms begun after June 30, 1996.

 3         (f)  The commission shall hold its first meeting no

 4  later than September 1992 and must meet at least quarterly.  A

 5  majority of the members shall constitute a quorum for the

 6  purpose of conducting business.

 7         (g)  The Governor shall serve as chair of the

 8  commission. The commission shall annually biennially elect one

 9  of its tourism-industry-related members as vice chair, who

10  shall preside in the absence of the chair.

11         Section 17.  Paragraphs (a), (c), and (d) of subsection

12  (4) and subsection (11) of section 288.1224, Florida Statutes,

13  are amended to read:

14         288.1224  Powers and duties.--The commission:

15         (4)(a)  Shall, no later than December 31, 1996,

16  recommend the tenets of a 4-year marketing plan to sustain

17  tourism growth, which plan shall be annual in construction and

18  ongoing in nature.  The initial plan shall use as its model

19  the marketing plan recommended by the Florida Tourism

20  Commission, created pursuant to chapter 91-31, Laws of

21  Florida, and presented to the Legislature.  Any annual

22  revisions of such a plan shall carry forward the concepts of

23  the remaining 3-year portion of that plan and consider a

24  continuum portion to preserve the 4-year timeframe of the

25  plan. Such plan shall be submitted to the President of the

26  Senate, the Speaker of the House of Representatives, the

27  Senate Minority Leader, and the House Minority Leader no later

28  than January 1, 1997.

29         (c)  The plan shall include provisions for the

30  direct-support organization to reach the targeted one-to-one

31  match of private to public contributions within a period of 4

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                                                   HOUSE AMENDMENT

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 1  calendar years after the implementation date of the plan. For

 2  the purposes of calculating the required one-to-one match,

 3  matching private funds shall be divided into four categories.

 4  The first category is direct cash contributions, which

 5  include, but are not limited to, cash derived from strategic

 6  alliances, contributions of stocks and bonds, and partnership

 7  contributions. The second category is fees for services, which

 8  include, but are not limited to, event participation,

 9  research, and brochure placement and transparencies.  The

10  third category is cooperative advertising, which is the value

11  based on cost of contributed productions, air time, and print

12  space.  The fourth category is in-kind contributions, which

13  include, but are not limited to, the value of strategic

14  alliance services contributed, the value of loaned employees,

15  discounted service fees, items contributed for use in

16  promotions, and radio or television air time or print space

17  for promotions.  The value of air time or print space shall be

18  calculated by taking the actual time or space and multiplying

19  by the nonnegotiated unit price for that specific time or

20  space which is known as the media equivalency value.  In order

21  to avoid duplication in determining media equivalency value,

22  only the value of the promotion itself shall be included; the

23  value of the items contributed for the promotion shall not be

24  included. Documentation for the components of the four

25  categories of private match shall be kept on file for

26  inspection as determined necessary.

27         (d)  The plan shall include recommendations regarding

28  specific performance standards and measurable outcomes. By

29  July 1, 1997, the Florida Commission on Tourism, in

30  consultation with the Office of Program Policy Analysis and

31  Government Accountability, shall establish performance-measure

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

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 1  outcomes for the commission and its direct-support

 2  organization. The commission, in consultation with the Office

 3  of Program Policy Analysis and Government Accountability,

 4  shall develop a plan for monitoring its operations to ensure

 5  that performance data are maintained and supported by records

 6  of the organization.

 7         (11)  Shall receive staff support from the Florida

 8  Tourism Industry Marketing Corporation and shall not employ

 9  any additional staff.  The president and chief executive

10  officer of the Florida Tourism Industry Marketing Corporation

11  shall serve without compensation as the executive director of

12  the commission.  As executive director, he or she shall have

13  the authority to conduct any official business of the

14  commission, as authorized by the commission.  Shall create an

15  advisory committee of the commission which shall be charged

16  with developing a regionally based plan to protect and promote

17  all of the natural, coastal, historical, cultural, and

18  commercial tourism assets of this state.

19         (a)  Members of the advisory committee shall be

20  appointed by the chair of the commission and shall include

21  representatives of the commission, the Departments of

22  Agriculture, Environmental Protection, Community Affairs,

23  Transportation, and State, the Florida Greenways Coordinating

24  Council, the Florida Game and Freshwater Fish Commission, and,

25  as deemed appropriate by the chair of the commission,

26  representatives from other federal, state, regional, local,

27  and private sector associations representing environmental,

28  historical, cultural, recreational, and tourism-related

29  activities.

30         (b)  The advisory committee shall submit its plan to

31  the commission by December 1, 1997.

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                                                   HOUSE AMENDMENT

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 1         (c)  The commission shall review and make

 2  recommendations on the plan, including recommending any

 3  legislation considered necessary for implementing the plan, to

 4  the Legislature by January 1, 1998.

 5         Section 18.  Paragraphs (h) through (n) of subsection

 6  (5) of section 288.1226, Florida Statutes, are renumbered as

 7  paragraphs (i) through (o), respectively, and a new paragraph

 8  (h) is added to said subsection to read:

 9         288.1226  Florida Tourism Industry Marketing

10  Corporation; use of property; board of directors; duties;

11  audit.--

12         (5)  POWERS AND DUTIES.--The corporation, in the

13  performance of its duties:

14         (h)  Shall provide staff support to the Florida

15  Commission on Tourism. The president and chief executive

16  officer of the Florida Tourism Industry Marketing Corporation

17  shall serve without compensation as the executive director of

18  the commission.

19         Section 19.  Effective upon this act becoming a law,

20  section 335.166, Florida Statutes, is renumbered as section

21  288.12265, Florida Statutes, and amended to read:

22         288.12265 335.166  Welcome centers Office.--

23         (1)  Effective July 1, 1999, responsibility for the

24  welcome centers Office is assigned to the Florida Commission

25  on Tourism which shall contract with the commission's

26  direct-support organization to employ all welcome center

27  staff.  On or before June 30, 1999, all welcome center staff

28  shall be offered employment through the direct-support

29  organization at the same salary such staff received through

30  the Department of Transportation, prior to July 1, 1999, but

31  with the same benefits provided by the direct-support

                                  38

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

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 1  organization to the organization's employees.  Welcome center

 2  employees shall have until January 1, 2000, to choose to be

 3  employed by the direct-support organization or to remain

 4  employed by the state.  Those employees who choose to remain

 5  employed by the state may continue to be assigned by the

 6  Department of Transportation to the welcome centers until June

 7  30, 2001.  Upon vacating a career service position by a career

 8  service employee, the position shall be abolished.  The

 9  agreement between the Department of Transportation and the

10  Florida Commission on Tourism concerning the funding of

11  positions in the welcome centers shall continue until all

12  welcome center employees are employed by the direct-support

13  organization, or until those employees choosing to remain

14  employed by the state have found other state employment, or

15  until June 30, 2001, whichever occurs first Department of

16  Transportation for administrative and fiscal accountability

17  purposes, but it shall otherwise function independently of the

18  control, supervision, and direction of the Department of

19  Transportation.

20         (2)  Effective July 1, 1999, the Florida Commission on

21  Tourism, through its direct-support organization, shall

22  administer and operate the welcome centers.  Pursuant to a

23  contract with the Department of Transportation, the commission

24  shall be responsible for routine repair, replacement, or

25  improvement and the day-to-day management of interior areas

26  occupied by the welcome centers.  All other repairs,

27  replacements, or improvements to the welcome centers shall be

28  the responsibility of the Department of Transportation shall

29  provide direction for the administration of the Welcome

30  Centers Office and direction for the operation of the welcome

31  centers. Funding for the office shall be solely from the

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  rental car surcharge provided to the Tourism Promotional Trust

 2  Fund pursuant to s. 212.0606(2), through a nonoperating

 3  transfer to the State Transportation Trust Fund or contract

 4  with the commission or the commission's direct-support

 5  organization.

 6         Section 20.  Section 335.165, Florida Statutes, is

 7  repealed.

 8         Section 21.  The welcome center tangible personal

 9  property transferred to the Department of Transportation

10  pursuant to section 4 of chapter 96-320, Laws of Florida, is

11  hereby transferred to the Florida Commission on Tourism.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 169, line 28, of the amendment after the

17  semicolon

18

19  insert:

20         providing duties of the Office of Tourism,

21         Trade, and Economic Development with respect to

22         amateur athletics and the entertainment

23         industry; creating s. 288.125, F.S.; defining

24         "entertainment industry"; creating s. 288.1251,

25         F.S.; creating the Office of the Film

26         Commissioner; providing procedure for selection

27         of the Film Commissioner; providing powers and

28         duties of the office; creating s. 288.1252,

29         F.S.; creating the Florida Film Advisory

30         Council within the Office of Tourism, Trade,

31         and Economic Development of the Executive

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         Office of the Governor; providing purpose,

 2         membership, terms, organization, powers, and

 3         duties of the council; creating s. 288.1253,

 4         F.S.; providing definitions; requiring the

 5         Office of Tourism, Trade, and Economic

 6         Development to adopt rules by which it may make

 7         specified expenditures for expenses incurred in

 8         connection with the performance of the duties

 9         of the Office of the Film Commissioner;

10         requiring approval of such rules by the

11         Comptroller; requiring an annual report;

12         authorizing the acceptance and use of specified

13         goods and services by employees and

14         representatives of the Office of the Film

15         Commissioner; providing certain requirements

16         with respect to claims for expenses; providing

17         a penalty for false or fraudulent claims;

18         providing for civil liability; creating the

19         21st Century Digital Television and Education

20         Task Force; providing membership; providing

21         duties; providing for a report; amending s.

22         288.1229, F.S.; revising the purposes of the

23         direct-support organization authorized to

24         assist the Office of Tourism, Trade, and

25         Economic Development in the promotion and

26         development of the sports industry and related

27         industries; specifying the duties of the

28         direct-support organization with respect to the

29         promotion of the sports industry, amateur

30         sports, and physical fitness; revising

31         provisions relating to the board of directors;

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

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 1         providing requirements with respect to the

 2         Sunshine State Games; providing authority of

 3         the Executive Office of the Governor with

 4         respect to the use of specified property,

 5         facilities, and personal services; amending s.

 6         320.08058, F.S.; revising provisions relating

 7         to the Florida United States Olympic Committee

 8         license plate to remove references to the

 9         Sunshine State Games Foundation; revising the

10         distribution of annual use fees from the sale

11         of the Florida United States Olympic Committee

12         license plate; providing for the reversion of

13         funds and property of the Sunshine State Games

14         Foundation, Inc., and the Florida Governor's

15         Council on Physical Fitness and Amateur Sports

16         to the direct-support organization; specifying

17         use of such funds and property; repealing s.

18         14.22, F.S.; removing provisions relating to

19         the Florida Governor's Council on Physical

20         Fitness and Amateur Sports within the Office of

21         the Governor, the Sunshine State Games,

22         national and international amateur athletic

23         competitions and Olympic development centers,

24         direct-support organizations, and the Olympics

25         and Pan American Games Task Force; amending s.

26         288.108, F.S.; correcting a cross reference;

27         repealing s. 288.051, F.S., which provides a

28         short title; repealing s. 288.052, F.S.,

29         relating to legislative findings and intent

30         with respect to the "Florida Film and

31         Television Investment Act"; repealing s.

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         288.053, F.S., relating to the Florida Film and

 2         Television Investment Board; repealing s.

 3         288.054, F.S., relating to the administration

 4         and powers of the Florida Film and Television

 5         Investment Board; repealing s. 288.055, F.S.,

 6         relating to the Florida Film and Investment

 7         Trust Fund; repealing s. 288.056, F.S.,

 8         relating to conditions for film and television

 9         investment by the board; repealing s. 288.057,

10         F.S., which requires an annual report by the

11         board; repealing s. 288.1228, F.S., relating to

12         the direct-support organization authorized by

13         the Office of Tourism, Trade, and Economic

14         Development to assist in the promotion and

15         development of the entertainment industry;

16         repealing s. 288.12285, F.S., relating to

17         confidentiality of identities of donors to the

18         direct-support organization; appropriating

19         positions to the Executive Office of the

20         Governor; amending s. 288.1221, F.S.; revising

21         legislative intent; amending s. 288.1222, F.S.;

22         clarifying a definition; amending s. 288.1223,

23         F.S.; specifying application of a limitation on

24         terms of certain members of the Florida

25         Commission on Tourism; clarifying meeting and

26         vice chair election provisions; amending s.

27         288.1224, F.S.; deleting obsolete provisions;

28         specifying categories of matching private funds

29         for certain purposes; specifying staff support

30         for the Florida Commission on Tourism;

31         providing for responsibilities of staff;

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                                                   HOUSE AMENDMENT

    hbd-05                Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         prohibiting the commission from employing

 2         staff; deleting provisions relating to an

 3         advisory committee for the commission; amending

 4         s. 288.1226, F.S.; requiring the Florida

 5         Tourism Industry Marketing Corporation to

 6         provide staff support to the Florida Commission

 7         on Tourism; specifying that the president and

 8         chief executive officer shall serve without

 9         compensation as executive director; renumbering

10         and amending s. 335.166, F.S.; removing the

11         Welcome Centers Office from the Department of

12         Transportation; transferring administrative and

13         fiscal responsibility for welcome center staff

14         from the Department of Transportation to the

15         Florida Commission on Tourism for employment

16         through the Florida Tourism Industry Marketing

17         Corporation by a designated time; requiring the

18         corporation to administer and operate welcome

19         centers; providing for maintenance and

20         improvements to welcome centers; repealing s.

21         335.165, F.S., relating to welcome stations and

22         the payment for improvements by the Department

23         of Commerce; providing for the transfer of

24         welcome center tangible personal property to

25         the Florida Commission on Tourism;

26

27

28

29

30

31

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