Senate Bill 1578c1

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    Florida Senate - 1999                           CS for SB 1578

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




    310-2112A-99

  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; requiring the

16         creation of an advisory committee on

17         nature-based tourism and heritage tourism;

18         prescribing the membership and duties of the

19         committee; requiring the incorporation of

20         nature-based tourism and heritage tourism into

21         the tourism marketing plan; deleting provisions

22         relating to an advisory committee for the

23         commission; amending s. 288.1226, F.S.;

24         requiring the Florida Tourism Industry

25         Marketing Corporation to provide staff support

26         to the Florida Commission on Tourism;

27         specifying that the president and chief

28         executive officer shall serve without

29         compensation as executive director; renumbering

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

31         Welcome Center Office from the Department of

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  1         Transportation; transferring administrative and

  2         fiscal responsibility for welcome center staff

  3         from the Department of Transportation to the

  4         Florida Commission on Tourism for employment

  5         through the Florida Tourism Industry Marketing

  6         Corporation by a designated time; requiring the

  7         corporation to administer and operate welcome

  8         centers; providing for maintenance and

  9         improvements to welcome centers; providing for

10         the transfer of welcome center tangible

11         personal property to the Florida Commission on

12         Tourism; amending s. 15.18, F.S.; requiring the

13         Secretary of State to coordinate with certain

14         state agencies and public-private partnerships;

15         authorizing the Secretary of State to develop

16         and implement a strategy to promote historical

17         and cultural tourism; repealing s. 335.165,

18         F.S., relating to welcome stations and the

19         payment for improvements by the Department of

20         Commerce; providing effective dates.

21

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

23

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

25  Statutes, is amended to read:

26         288.1221  Legislative intent.--

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

28  public-private partnership to provide policy direction to and

29  technical expertise in the promotion and marketing of the

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

31  authorize this partnership to recommend the tenets of an

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    Florida Senate - 1999                           CS for SB 1578
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  1  industry standard 4-year 5-year marketing plan for an annual

  2  marketing plan for tourism promotion and recommend a

  3  comparable organizational structure to carry out such a plan.

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

  5  portion of the rental car surcharge annually dedicated to the

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

  7  by the tourism industry. The Legislature intends that the

  8  exercise of this authority by the public-private partnership

  9  shall take into consideration the recommendations made to the

10  1992 Legislature in the report submitted by the Florida

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

12  Florida.

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

14  Statutes, is amended to read:

15         288.1222  Definitions.--For the purposes of ss.

16  288.017, 288.121-288.1226, and 288.124, the term:

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

18  trade or recreation activities outside the county country of

19  his or her permanent residence or who rents or leases

20  transient living quarters or accommodations as described in s.

21  125.0104(3)(a).

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

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

24  read:

25         288.1223  Florida Commission on Tourism; creation;

26  purpose; membership.--

27         (2)

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

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

30  applies to terms begun after June 30, 1996.

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    Florida Senate - 1999                           CS for SB 1578
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  1         (f)  The commission shall hold its first meeting no

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

  3  majority of the members shall constitute a quorum for the

  4  purpose of conducting business.

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

  6  commission. The commission shall annually biennially elect one

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

  8  shall preside in the absence of the chair.

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

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

11  are amended, and subsections (12) and (13) are added to that

12  section, to read:

13         288.1224  Powers and duties.--The commission:

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

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

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

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

18  the marketing plan recommended by the Florida Tourism

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

20  Florida, and presented to the Legislature.  Any annual

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

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

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

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

25  Senate, the Speaker of the House of Representatives, the

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

27  than January 1, 1997.

28         (c)  The plan shall include provisions for the

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

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

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

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    Florida Senate - 1999                           CS for SB 1578
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  1  the purposes of calculating the required one-to-one match,

  2  matching private funds shall be divided into four categories.

  3  The first category is direct cash contributions, which

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

  5  alliances, contributions of stocks and bonds, and partnership

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

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

  8  research, and brochure placement and transparencies.  The

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

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

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

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

13  alliance services contributed, the value of loaned employees,

14  discounted service fees, items contributed for use in

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

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

17  calculated by taking the actual time or space and multiplying

18  by the nonnegotiated unit price for that specific time or

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

20  to avoid duplication in determining media equivalency value,

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

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

23  included. Documentation for the components of the four

24  categories of private match shall be kept on file for

25  inspection as necessary.

26         (d)  The plan shall include recommendations regarding

27  specific performance standards and measurable outcomes. By

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

29  consultation with the Office of Program Policy Analysis and

30  Government Accountability, shall establish performance-measure

31  outcomes for the commission and its direct-support

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    Florida Senate - 1999                           CS for SB 1578
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  1  organization. The commission, in consultation with the Office

  2  of Program Policy Analysis and Government Accountability,

  3  shall develop a plan for monitoring its operations to ensure

  4  that performance data are maintained and supported by records

  5  of the organization.

  6         (11)  Shall establish a statewide advisory committee of

  7  the commission to assist the commission with implementation of

  8  a plan to protect and promote all of the natural, coastal,

  9  historical, and cultural tourism assets of this state. The

10  duties of the committee shall include, but are not limited to,

11  helping to develop and review nature-based tourism and

12  heritage tourism policies, coordinate governmental and

13  private-sector interests in nature-based tourism and heritage

14  tourism, and integrate federal, state, regional, and local

15  nature-based tourism and heritage tourism marketing

16  strategies. The chairman of the commission shall appoint

17  members of the advisory committee based upon recommendations

18  from the commission. Members shall include:

19         (a)  A representative of each of the following state

20  governmental organizations: the Department of Agriculture, the

21  Department of Environmental Protection, the Department of

22  Community Affairs, the Department of Transportation, the

23  Department of State, the Florida Greenways Coordinating

24  Council, and the Florida Fish and Wildlife Conservation

25  Commission.

26         (b)  A representative of Enterprise Florida, Inc.

27         (c)  Representatives of regional nature-based tourism

28  or heritage tourism committees or associations that are

29  established by local tourism organizations throughout the

30  state.

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    Florida Senate - 1999                           CS for SB 1578
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  1         (d)  Representatives of the private sector with

  2  experience in environmental, historical, cultural,

  3  recreational, or other tourism-related activities.

  4         (e)  Representatives of two not-for-profit

  5  environmental organizations with expertise in environmental

  6  resource protection and land management.

  7         (f)  A representative from a local economic development

  8  organization serving a rural community.

  9         (g)  A representative from a local economic development

10  organization serving a nonrural community.

11         (h)  Representatives from any other organizations that

12  the chairman of the commission, based upon recommendations

13  from the commission, deems appropriate. Shall create an

14  advisory committee of the commission which shall be charged

15  with developing a regionally based plan to protect and promote

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

17  commercial tourism assets of this state.

18         (a)  Members of the advisory committee shall be

19  appointed by the chair of the commission and shall include

20  representatives of the commission, the Departments of

21  Agriculture, Environmental Protection, Community Affairs,

22  Transportation, and State, the Florida Greenways Coordinating

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

24  as deemed appropriate by the chair of the commission,

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

26  and private sector associations representing environmental,

27  historical, cultural, recreational, and tourism-related

28  activities.

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

30  the commission by December 1, 1997.

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    Florida Senate - 1999                           CS for SB 1578
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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         (12)  Shall incorporate nature-based tourism and

  6  heritage tourism components into its comprehensive tourism

  7  marketing plan for the state, including, but not limited to:

  8         (a)  Promoting travel experiences that combine visits

  9  to commercial destinations in the state with visits to

10  nature-based or heritage-based sites in the state;

11         (b)  Promoting travel experiences that combine visits

12  to multiple nature-based or heritage-based sites within a

13  region or within two or more regions in the state;

14         (c)  Assisting local and regional tourism organizations

15  in incorporating nature-based tourism and heritage tourism

16  components into local marketing plans and in establishing

17  cooperative local or regional advisory committees on

18  nature-based tourism and heritage tourism;

19         (d)  Working with local and regional tourism

20  organizations to identify nature-based tourism and heritage

21  tourism sites, including identifying private-sector businesses

22  engaged in activities supporting or related to nature-based

23  tourism and heritage tourism; and

24         (e)  Providing guidance to local and regional economic

25  development organizations on the identification, enhancement,

26  and promotion of nature-based tourism and heritage tourism

27  assets as a component of the overall job-creating efforts of

28  such organizations.

29

30  The marketing plan shall include specific provisions for

31  directing tourism promotion resources toward promotion and

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    Florida Senate - 1999                           CS for SB 1578
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  1  development of nature-based tourism and heritage tourism. The

  2  marketing plan shall also include provisions specifically

  3  addressing promotion and development of nature-based tourism

  4  and heritage tourism in rural communities in the state.

  5         (13)  Shall receive staff support from the Florida

  6  Tourism Industry Marketing Corporation and shall not employ

  7  any additional staff. The president and chief executive

  8  officer of the Florida Tourism Industry Marketing Corporation

  9  shall serve without compensation as the executive director of

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

11  the authority to conduct any official business of the

12  commission, as authorized by the commission.

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

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

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

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

17         288.1226  Florida Tourism Industry Marketing

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

19  audit.--

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

21  performance of its duties:

22         (h)  Shall provide staff support to the Florida

23  Commission on Tourism. 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.

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

28  Florida Statutes, is renumbered as section 288.12265, Florida

29  Statutes, and amended to read:

30         288.12265 335.166  Welcome Centers Office.--

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    Florida Senate - 1999                           CS for SB 1578
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  1         (1)  Responsibility for the welcome centers Office is

  2  assigned to the Florida Commission on Tourism which shall

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

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

  5  all welcome center staff shall be offered employment through

  6  the direct-support organization at the same salary such staff

  7  received through the Department of Transportation, prior to

  8  July 1, 1999, but with the same benefits provided by the

  9  direct-support organization to the organization's employees.

10  Welcome center employees shall have until January 1, 2000, to

11  choose to be employed by the direct-support organization or to

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

13  remain employed by the state may continue to be assigned by

14  the Department of Transportation to the welcome centers until

15  June 30, 2001. Upon vacating a career service position by a

16  career service employee, the position shall be abolished. The

17  agreement between the Department of Transportation and the

18  Florida Commission on Tourism concerning the funding of

19  positions in the welcome centers shall continue until all

20  welcome center employees are employed by the direct-support

21  organization, or until those employees choosing to remain

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

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

24  Transportation for administrative and fiscal accountability

25  purposes, but it shall otherwise function independently of the

26  control, supervision, and direction of the Department of

27  Transportation.

28         (2)  The Florida Commission on Tourism, through its

29  direct-support organization, shall administer and operate the

30  welcome centers. Pursuant to a contract with the Department of

31  Transportation, the commission shall be responsible for

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  1  routine repair, replacement, or improvement and the day-to-day

  2  management of interior areas occupied by the welcome centers.

  3  All other repairs, replacements, or improvements to the

  4  welcome centers shall be the responsibility of the Department

  5  of Transportation shall provide direction for the

  6  administration of the Welcome Centers Office and direction for

  7  the operation of the welcome centers. Funding for the office

  8  shall be solely from the rental car surcharge provided to the

  9  Tourism Promotional Trust Fund pursuant to s. 212.0606(2),

10  through a nonoperating transfer to the State Transportation

11  Trust Fund or contract with the commission or the commission's

12  direct-support organization.

13         Section 7.  The welcome center tangible personal

14  property transferred to the Department of Transportation

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

16  transferred to the Florida Commission on Tourism.

17         Section 8.  Section 15.18, Florida Statutes, is amended

18  to read:

19         15.18  International and cultural relations; historical

20  and cultural tourism.--The Divisions of Cultural Affairs,

21  Historical Resources, and Library and Information Services of

22  the Department of State promote programs having substantial

23  cultural, artistic, and indirect economic significance that

24  emphasize American creativity. The Secretary of State, as the

25  head administrator of these divisions, shall hereafter be

26  known as "Florida's Chief Cultural Officer."  As this officer,

27  the Secretary of State is encouraged to initiate and develop

28  relationships between the state and foreign cultural officers,

29  their representatives, and other foreign governmental

30  officials in order to promote Florida as the center of

31  American creativity.  The Secretary of State shall coordinate

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  1  international activities pursuant to this section with

  2  appropriate state agencies and public-private partnerships the

  3  Florida International Affairs Commission.  For the

  4  accomplishment of this purpose, the Secretary of State shall

  5  have the power and authority to:

  6         (1)  Disseminate any information pertaining to the

  7  State of Florida which promotes the state's cultural assets.

  8         (2)  Plan and carry out activities designed to cause

  9  improved cultural and governmental programs and exchanges with

10  foreign countries.

11         (3)  Plan and implement cultural and social activities

12  for visiting foreign heads of state, diplomats, dignitaries,

13  and exchange groups.

14         (4)  Encourage and cooperate with other public and

15  private organizations or groups in their efforts to promote

16  the cultural advantages of Florida.

17         (5)  Serve as the liaison with all foreign consular and

18  ambassadorial corps, as well as international organizations,

19  that are consistent with the purposes of this section.

20         (6)  Provide, arrange, and make expenditures for the

21  achievement of any or all of the purposes specified in this

22  section.

23         (7)  Notwithstanding the provisions of part I of

24  chapter 287, promulgate rules for entering into contracts

25  which are primarily for promotional services and events, which

26  may include commodities involving a service.  Such rules shall

27  include the authority to negotiate costs with the offerors of

28  such services and commodities who have been determined to be

29  qualified on the basis of technical merit, creative ability,

30  and professional competency. The rules shall only apply to the

31  expenditure of funds donated for promotional services and

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  1  events. Expenditures of appropriated funds shall be made only

  2  in accordance with part I of chapter 287.

  3         (8)  In cooperation with the Florida Commission on

  4  Tourism and its direct-support organization, take a leadership

  5  role in developing and implementing a strategy to promote

  6  Florida as a destination for historical and cultural tourism

  7  in domestic and international markets. Any such strategy

  8  should specifically include the development of a unique

  9  identity or brand for the historical and cultural resources of

10  the state which is easy for domestic and international

11  visitors to recognize, as well as development of informational

12  materials that will promote public awareness of the historical

13  and cultural resources of the state and provide an effective

14  basis for the marketing efforts of the numerous historical and

15  cultural places and events throughout the state. The Secretary

16  and the Florida Commission on Tourism and its direct-support

17  organization should give specific consideration to a tiered

18  system of information with a top tier that utilizes state

19  owned or controlled properties to brand the state as a

20  historically and culturally important destination and provides

21  a framework for promoting regional and local promotion

22  initiatives. The Secretary and the Florida Commission on

23  Tourism and its direct-support organization shall coordinate

24  with Visit USA Committees in other countries and initiate

25  efforts to position historical and cultural resources for

26  effective marketing through the work of the committees in key

27  international markets. In cooperation with the Department of

28  Transportation, the Secretary and the Florida Commission on

29  Tourism and its direct-support organization shall review

30  existing road signage systems and develop and implement

31  strategies for facilitating direction and access to historical

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  1  and cultural resources along state and federal right-of-way

  2  systems.

  3         Section 9.  Section 335.165, Florida Statutes, is

  4  repealed.

  5         Section 10.  Except as otherwise provided in this act,

  6  this act shall take effect upon becoming a law.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                         Senate Bill 1578

10

11  This committee substitute differs substantially from SB 1578
    in that CS/SB 1578:
12
          Provides for a statewide advisory committee empowered to
13        assist the Florida Commission on Tourism with the
          implementation of a plan to protect and promote all of
14        the natural, coastal, historical, and cultural tourism
          assets of the state. This advisory committee will
15        include various governmental organizations, the private
          sector, not-for-profit organizations, rural and
16        non-rural economic development agencies, Enterprise
          Florida, Inc., and nature-based or heritage tourism
17        organizations.

18        Requires that nature-based tourism and heritage tourism
          components be included in the Florida Commission on
19        Tourism's four-year marketing plan.

20        Authorizes the Secretary of State to coordinate efforts
          with the Florida Commission on Tourism and Visit Florida
21        to develop and implement a strategy to promote
          historical and cultural tourism in Florida.
22
          Specifies that state employees of the Florida Welcome
23        Centers will have until January 1, 2000, to choose to be
          employed by Visit Florida.
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