Senate Bill 1578

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    Florida Senate - 1999                                  SB 1578

    By Senator Kirkpatrick





    5-1570A-99                                          See HB 579

  1                      A bill to be entitled

  2         An act relating to tourism; amending s.

  3         288.1221, F.S.; revising legislative intent;

  4         amending s. 288.1222, F.S.; clarifying a

  5         definition; amending s. 288.1223, F.S.;

  6         specifying application of a limitation on terms

  7         of certain members of the Florida Commission on

  8         Tourism; clarifying meeting and vice chair

  9         election provisions; amending s. 288.1224,

10         F.S.; deleting obsolete provisions; specifying

11         categories of matching private funds for

12         certain purposes; specifying staff support for

13         the Florida Commission on Tourism; providing

14         for responsibilities of staff; prohibiting the

15         commission from employing staff; deleting

16         provisions relating to an advisory committee

17         for the commission; amending s. 288.1226, F.S.;

18         requiring the Florida Tourism Industry

19         Marketing Corporation to provide staff support

20         to the Florida Commission on Tourism;

21         specifying that the president and chief

22         executive officer shall serve without

23         compensation as executive director; renumbering

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

25         Welcome Center Office from the Department of

26         Transportation; transferring administrative and

27         fiscal responsibility for welcome center staff

28         from the Department of Transportation to the

29         Florida Commission on Tourism for employment

30         through the Florida Tourism Industry Marketing

31         Corporation; requiring the corporation to

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




  1         provide direction for administration and

  2         operation of welcome centers; repealing s.

  3         335.165, F.S., relating to welcome stations and

  4         the payment for improvements by the Department

  5         of Commerce; providing effective dates.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (1) of section 288.1221, Florida

10  Statutes, is amended to read:

11         288.1221  Legislative intent.--

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

13  public-private partnership to provide policy direction to and

14  technical expertise in the promotion and marketing of the

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

16  authorize this partnership to recommend the tenets of an

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

18  marketing plan for tourism promotion and recommend a

19  comparable organizational structure to carry out such a plan.

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

21  portion of the rental car surcharge annually dedicated to the

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

23  by the tourism industry. The Legislature intends that the

24  exercise of this authority by the public-private partnership

25  shall take into consideration the recommendations made to the

26  1992 Legislature in the report submitted by the Florida

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

28  Florida.

29         Section 2.  Subsection (2) of section 288.1222, Florida

30  Statutes, is amended to read:

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




  1         288.1222  Definitions.--For the purposes of ss.

  2  288.017, 288.121-288.1226, and 288.124, the term:

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

  4  trade or recreation activities outside the county country of

  5  his or her permanent residence or who rents or leases

  6  transient living quarters or accommodations as described in s.

  7  125.0104(3)(a).

  8         Section 3.  Paragraphs (e), (f), and (g) of subsection

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

10  read:

11         288.1223  Florida Commission on Tourism; creation;

12  purpose; membership.--

13         (2)

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

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

16  applies to terms begun after June 30, 1996.

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

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

19  majority of the members shall constitute a quorum for the

20  purpose of conducting business.

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

22  commission. The commission shall annually biennially elect one

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

24  shall preside in the absence of the chair.

25         Section 4.  Paragraphs (a), (c), and (d) of subsection

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

27  are amended to read:

28         288.1224  Powers and duties.--The commission:

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

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

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

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




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

  2  the marketing plan recommended by the Florida Tourism

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

  4  Florida, and presented to the Legislature.  Any annual

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

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

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

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

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

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

11  than January 1, 1997.

12         (c)  The plan shall include provisions for the

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

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

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

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

17  matching private funds shall be divided into four categories.

18  The first category is direct cash contributions, which

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

20  alliances, contributions of stocks and bonds, and partnership

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

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

23  research, and brochure placement and transparencies.  The

24  third category is co-operative advertising, which is the value

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

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

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

28  alliance services contributed, the value of loaned employees,

29  discounted service fees, items contributed for use in

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

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

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




  1  calculated by taking the actual time or space and multiplying

  2  by the nonnegotiated unit price for that specific time or

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

  4  to avoid duplication in determining media equivalency value,

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

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

  7  included. Documentation for the components of the four

  8  categories of private match shall be kept on file for

  9  inspection as determined necessary.

10         (d)  The plan shall include recommendations regarding

11  specific performance standards and measurable outcomes. By

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

13  consultation with the Office of Program Policy Analysis and

14  Government Accountability, shall establish performance-measure

15  outcomes for the commission and its direct-support

16  organization. The commission, in consultation with the Office

17  of Program Policy Analysis and Government Accountability,

18  shall develop a plan for monitoring its operations to ensure

19  that performance data are maintained and supported by records

20  of the organization.

21         (11)  Shall receive staff support from the Florida

22  Tourism Industry Marketing Corporation and shall not employ

23  any additional staff.  The president and chief executive

24  officer of the Florida Tourism Industry Marketing Corporation

25  shall serve without compensation as the executive director of

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

27  the authority to conduct any official business of the

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

29  advisory committee of the commission which shall be charged

30  with developing a regionally based plan to protect and promote

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




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

  2  commercial tourism assets of this state.

  3         (a)  Members of the advisory committee shall be

  4  appointed by the chair of the commission and shall include

  5  representatives of the commission, the Departments of

  6  Agriculture, Environmental Protection, Community Affairs,

  7  Transportation, and State, the Florida Greenways Coordinating

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

  9  as deemed appropriate by the chair of the commission,

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

11  and private sector associations representing environmental,

12  historical, cultural, recreational, and tourism-related

13  activities.

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

15  the commission by December 1, 1997.

16         (c)  The commission shall review and make

17  recommendations on the plan, including recommending any

18  legislation considered necessary for implementing the plan, to

19  the Legislature by January 1, 1998.

20         Section 5.  Present paragraphs (h) through (n) of

21  subsection (5) of section 288.1226, Florida Statutes, are

22  redesignated as paragraphs (i) through (o), respectively, and

23  a new paragraph (h) is added to that subsection to read:

24         288.1226  Florida Tourism Industry Marketing

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

26  audit.--

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

28  performance of its duties:

29         (h)  Shall provide staff support to the Florida

30  Commission on Tourism. The president and chief executive

31  officer of the Florida Tourism Industry Marketing Corporation

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




  1  shall serve without compensation as the executive director of

  2  the commission.

  3         Section 6.  Effective July 1, 1999, section 335.166,

  4  Florida Statutes, is renumbered as section 288.12265, Florida

  5  Statutes, and amended to read:

  6         288.12265 335.166  Welcome Centers Office.--

  7         (1)  Responsibility for the welcome centers Office is

  8  assigned to the Florida Commission on Tourism which shall

  9  contract with the commission's direct-support organization to

10  employ all welcome center staff.   All welcome center staff

11  shall be offered employment through the direct-support

12  organization at the same salary such staff received through

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

14  with the same benefits provided by the direct-support

15  organization to the organization's employees 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)  The Florida Commission on Tourism, through its

21  direct-support organization, shall provide direction for the

22  administration and operation of the welcome centers Office and

23  direction for the operation of the welcome centers. Funding

24  for the office shall be solely from the rental car surcharge

25  provided to the Tourism Promotional Trust Fund pursuant to s.

26  212.0606(2), through a nonoperating transfer to the State

27  Transportation Trust Fund or contract with the commission or

28  the commission's direct-support organization.

29         Section 7.  Section 335.165, Florida Statutes, is

30  repealed.

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    Florida Senate - 1999                                  SB 1578
    5-1570A-99                                          See HB 579




  1         Section 8.  Except as otherwise provided in this act,

  2  this act shall take effect upon becoming a law.

  3

  4            *****************************************

  5                       LEGISLATIVE SUMMARY

  6
      Clarifies provisions relating to marketing tourism,
  7    defining tourists, and the Florida Commission on Tourism.
      Specifies categories of matching private funds for use in
  8    determining the private portion of the targeted
      one-to-one match of private to public contributions.
  9    Requires the Florida Tourism Industry Marketing
      Corporation to provide staff support to the Florida
10    Commission on Tourism. Removes the Welcome Center Office
      from the Department of Transportation and transfers
11    administrative and fiscal responsibility for welcome
      center staff to the Florida Commission on Tourism, to be
12    administered and operated by the Florida Tourism Industry
      Marketing Corporation.  (See bill for details.)
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