Senate Bill 1930

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



    Florida Senate - 1999                                  SB 1930

    By Senator Silver





    38-1104-99

  1                      A bill to be entitled

  2         An act relating to the promotion and

  3         development of Florida's entertainment

  4         industry; creating s. 288.125, F.S.; creating

  5         the Entertainment Florida Advisory Council

  6         within the Office of Tourism, Trade, and

  7         Economic Development of the Executive Office of

  8         the Governor; providing purpose, membership,

  9         terms, organization, powers, and duties of the

10         council; creating s. 288.1251, F.S.; creating

11         the Office of Entertainment Industry

12         Commissioner; providing procedure for

13         appointment of the Entertainment Industry

14         Commissioner; providing powers and duties of

15         the office; creating s. 288.1252, F.S.;

16         requiring the Office of Tourism, Trade, and

17         Economic Development to adopt rules by which it

18         may make specified expenditures for expenses

19         incurred in connection with the performance of

20         the duties of the Office of the Entertainment

21         Industry Commissioner; requiring approval of

22         such rules by the Comptroller; requiring an

23         annual report; authorizing the acceptance and

24         use of specified goods and services by

25         employees and representatives of the Office of

26         the Entertainment Industry Commissioner;

27         providing certain requirements with respect to

28         claims for expenses; providing a penalty for

29         false or fraudulent claims; providing for civil

30         liability; amending s. 14.2015, F.S., revising

31         purposes of the Office of Tourism, Trade, and

                                  1

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         Economic Development of the Executive Office of

  2         the Governor; amending ss. 288.108, 288.90152,

  3         F.S.; conforming cross-references; repealing s.

  4         288.051, F.S., which provides a short title;

  5         repealing s. 288.052, F.S., relating to

  6         legislative findings and intent with respect to

  7         the "Florida Film and Television Investment

  8         Act"; repealing s. 288.053, F.S., relating to

  9         the Florida Film and Television Investment

10         Board; repealing s. 288.054, F.S., relating to

11         the administration and powers of the Florida

12         Film and Television Investment Board; repealing

13         s. 288.056, F.S., relating to conditions for

14         film and television investment by the board;

15         repealing s. 288.057, F.S., requiring an annual

16         report by the board; repealing s. 288.1228,

17         F.S., relating to the direct-support

18         organization authorized by the Office of

19         Tourism, Trade, and Economic Development to

20         assist in the promotion and development of the

21         entertainment industry; repealing s. 288.12285,

22         F.S., relating to confidentiality of identities

23         of donors to the direct-support organization;

24         providing an effective date.

25

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

27

28         Section 1.  Section 288.125, Florida Statutes, is

29  created to read:

30         288.125  Entertainment Florida Advisory Council;

31  creation; purpose; membership; powers and duties.--

                                  2

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (1)  CREATION.--There is created within the Office of

  2  Tourism, Trade, and Economic Development of the Executive

  3  Office of the Governor, for administrative purposes only, the

  4  Entertainment Florida Advisory Council.

  5         (2)  PURPOSE.--The council shall serve as an advisory

  6  body to the Office of Tourism, Trade, and Economic Development

  7  and the Office of the Entertainment Industry Commissioner to

  8  provide these offices with industry insight and expertise

  9  related to developing, promoting, and providing service to the

10  state's entertainment industry.

11         (3)  MEMBERSHIP.--

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

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

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

15  Speaker of the House of Representatives, with the initial

16  appointments being made no later than July 1, 1999.

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

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

19  House of Representatives shall appoint persons who are

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

21  active in, and recognized leaders in the state's motion

22  picture, television, video, sound recording, or other

23  entertainment industries. These persons shall include, but

24  need not be limited to, representatives of local film

25  commissions; representatives of entertainment associations; a

26  representative of labor organizations in the entertainment

27  industry; and board chairpersons, presidents, chief executive

28  officers, chief operating officers, or persons of comparable

29  executive position or stature of leading or otherwise

30  important entertainment industry businesses. Council members

31  shall be appointed in such a manner as to equitably represent

                                  3

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  the broadest spectrum of the entertainment industry and

  2  geographic areas of the state.

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

  4  except that the initial terms shall be staggered:

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

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

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

  8         2.  The President of the Senate shall appoint one

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

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

11         3.  The Speaker of the House of Representatives shall

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

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

14  4-year term.

15         (d)  Subsequent appointments shall be made by the

16  official who appointed the council member whose expired term

17  is to be filled.

18         (e)  Absence from three consecutive meetings shall

19  result in automatic removal from the council.

20         (f)  A vacancy on the council shall be filled for the

21  remainder of the unexpired term by the official who appointed

22  the vacating member.

23         (g)  Not more than one member of the council may be an

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

25         (h)  Any member shall be eligible for reappointment but

26  may not serve more than two consecutive terms.

27         (i)  The council shall meet at least once each quarter

28  of the calendar year, but may meet more often as set by the

29  council.

30         (j)  The council shall annually elect one member to

31  serve as chairperson of the council and one member to serve as

                                  4

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  vice chairperson. The Office of the Entertainment Industry

  2  Commissioner shall provide staff assistance to the council,

  3  which shall include, but not be limited to, keeping records of

  4  the proceedings of the council and serving as custodian of all

  5  books, documents, and papers filed with the council.

  6         (k)  A majority of the members of the council shall

  7  constitute a quorum.

  8         (l)  Members of the council shall serve without

  9  compensation, but are entitled to reimbursement for per diem

10  and travel expenses in accordance with s. 112.061 while

11  performing their duties.

12         (m)  The Entertainment Industry Commissioner shall be

13  an ex officio member of the council.

14         (4)  POWERS AND DUTIES.--The Entertainment Florida

15  Advisory Council shall have all the powers necessary to carry

16  out the purposes of this section, including, but not limited

17  to, the power to:

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

19  the conduct of its business.

20         (b)  Advise and consult with the Office of the

21  Entertainment Industry Commissioner on the content,

22  development, and implementation of the 5-year strategic plan

23  to guide the activities of the office.

24         (c)  Review the Entertainment Industry Commissioner's

25  administration of the programs related to the strategic plan,

26  and advise the Commissioner on the programs and any changes

27  that might be made to better meet the strategic plan.

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

29  industry for the purpose of advising the commissioner and the

30  Office of Tourism, Trade, and Economic Development.

31

                                  5

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (e)  Identify and make recommendations on state agency

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

  3  entertainment industry or that may appear to industry

  4  representatives as an official state or local action that

  5  affects production in the state.

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

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

  8  Development.

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

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

11  request or upon its own initiative, regarding the adoption,

12  administration, and enforcement of all laws and rules relating

13  to the entertainment industry.

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

15  business by the Office of the Entertainment Industry

16  Commissioner or the Office of Tourism, Trade, and Economic

17  Development which will improve internal operations that affect

18  the entertainment industry and will enhance the economic

19  development initiatives of the state for the industry.

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

21  commissions, departments, or other agencies of municipal,

22  county, or state government or the Federal Government.

23         (5)  SUPPORT SERVICES.--The Office of the Entertainment

24  Industry Commissioner shall provide administrative and staff

25  support services to the council.

26         (6)  RULES OF PROCEDURE.--In conducting its meetings,

27  the council shall use accepted rules of procedure. The

28  secretary shall keep a complete record of the proceedings of

29  each meeting, which shall show the names of the members

30  present and the actions taken. These records shall be kept on

31  file with the office, and records and other documents about

                                  6

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  matters within the jurisdiction of the advisory council are

  2  subject to inspection by the members of the council.

  3         Section 2.  Section 288.1251, Florida Statutes, is

  4  created to read:

  5         288.125  Office of the Entertainment Industry

  6  Commissioner; creation; powers and duties.--

  7         (1)  CREATION.--

  8         (a)  There is created within the Office of Tourism,

  9  Trade, and Economic Development of the Executive Office of the

10  Governor the Office of the Entertainment Industry

11  Commissioner. The Office of the Entertainment Industry

12  Commissioner shall develop, promote, and provide services to

13  the state's entertainment industry.

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

15  Development shall conduct a national search for a qualified

16  person to fill the position of Entertainment Industry

17  Commissioner, and the Executive Director of the Office of

18  Tourism, Trade, and Economic Development shall appoint the

19  Entertainment Industry Commissioner from a list of the top

20  three candidates recommended by the Entertainment Florida

21  Advisory Council.

22         (2)  POWERS AND DUTIES.--

23         (a)  The Office of the Entertainment Industry

24  Commissioner, in performing its duties, shall:

25         1.  In consultation with the Entertainment Florida

26  Advisory Council, develop and implement a 5-year strategic

27  plan to guide the activities of the Office of the

28  Entertainment Industry Commissioner in the areas of

29  entertainment industry development, promotion, liaison

30  services, field office administration, and information. The

31  plan, to be developed by not later than June 30, 1999, shall:

                                  7

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




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

  2         b.  Include recommendations relating to the

  3  organizational structure of the office.

  4         c.  Include an annual budget projection for the office

  5  for each year of the plan.

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

  7  in implementing programs designed to:

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

  9  industry.

10         (II)  Assist the office in serving as a liaison between

11  the entertainment industry and other state and local

12  governmental agencies, local film commissions, and labor

13  organizations.

14         (III)  Gather statistical information related to the

15  state's entertainment industry.

16         (IV)  Provide information and services to businesses,

17  communities, organizations, and individuals engaged in

18  activities within the entertainment industry.

19         (V)  Administer field offices outside of the state and

20  coordinate with regional offices maintained by counties and

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

22  (II), as necessary.

23         e.  Include recommendations regarding specific

24  performance standards and measurable outcomes for the programs

25  to be implemented by the office.

26         f.  Include an assessment of, and make recommendations

27  on, the feasibility of creating an alternative public and

28  private partnership for the purpose of contracting for the

29  administration of the state's entertainment industry

30  promotion, development, and industry service programs.

31

                                  8

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         2.  Develop and facilitate an effective working

  2  relationship between state agencies and local governments in

  3  cooperation with local film commission offices for

  4  out-of-state and indigenous entertainment industry production

  5  entities.

  6         3.  Implement a structured methodology prescribed for

  7  coordinating activities between local offices and the

  8  commissioner's office.

  9         4.  Represent the state's indigenous entertainment

10  industry to key decisionmakers within the national and

11  international entertainment industry, and to state and local

12  officials.

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

14  entertainment industry, including, but not limited to,

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

16  creation, talent, and economic impact, and coordinate with

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

18         6.  Represent key decisionmakers within the national

19  and international entertainment industry to the indigenous

20  entertainment industry and to state and local officials.

21         7.  Serve as liaison between entertainment industry

22  producers and labor organizations.

23         8.  Identify, solicit, and recruit entertainment

24  production opportunities for the state.

25         (b)  The Office of the Entertainment Industry

26  Commissioner, in the performance of its duties, may:

27         1.  Conduct or contract for specific promotion and

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

29  of a statewide directory, production and maintenance of an

30  Internet web site, establishment and maintenance of a

31  toll-free telephone number, organization of trade show

                                  9

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  participation, and appropriate cooperative marketing

  2  opportunities.

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

  4  establish offices, and exercise the powers granted by this

  5  section in any state, territory, district, or possession of

  6  the United States.

  7         3.  Carry out any program of information, special

  8  events, or publicity designed to attract entertainment

  9  industry to the state.

10         4.  Encourage and cooperate with other public and

11  private organizations or groups in their efforts to publicize

12  to the entertainment industry in this state, other states, and

13  other countries the depth of Florida's entertainment industry

14  talent, crew, production companies, production equipment

15  resources, related businesses, and support services, including

16  the establishment of and expenditure for a program of

17  cooperative advertising with these public and private

18  organizations and groups in accordance with law.

19         5.  Provide and arrange for reasonable and necessary

20  promotional items and services for such persons as the office

21  deems proper in connection with the performance of the

22  promotional and other duties of the office.

23         Section 3.  Section 288.1252, Florida Statutes, is

24  created to read:

25         288.1252  Travel and entertainment expenses.--

26         (1)  As used in this section, the term:

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

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

29  representatives of the Office of the Entertainment Industry

30  Commissioner in connection with the performance of its

31  statutory duties, including persons or representatives of

                                  10

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  entertainment industry companies considering location,

  2  relocation, or expansion of an entertainment industry business

  3  within the state.

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

  5  necessary, and reasonable costs of providing hospitality for

  6  business clients or guests, which costs are defined and

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

  8  and Economic Development, subject to approval by the

  9  Comptroller.

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

11  official or state employee, authorized by the Office of

12  Tourism, Trade, and Economic Development to receive the

13  hospitality of the Office of the Entertainment Industry

14  Commissioner in connection with the performance of its

15  statutory duties.

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

17  reasonable costs of transportation, meals, lodging, and

18  incidental expenses normally incurred by a traveler, which

19  costs are defined and prescribed by rules adopted by the

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

21  approval by the Comptroller.

22         (2)  Notwithstanding s. 112.061, the Office of Tourism,

23  Trade, and Economic Development shall adopt rules by which it

24  may make expenditures by advancement or reimbursement, or a

25  combination thereof, to:

26         (a)  State officers and state employees for travel

27  expenses or entertainment expenses incurred by such officers

28  and employees in connection with the performance of the

29  statutory duties of the Office of the Entertainment Industry

30  Commissioner.

31

                                  11

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (b)  State officers and state employees for travel

  2  expenses or entertainment expenses incurred by such officers

  3  and employees on behalf of guests, business clients, or

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

  5  connection with the performance of the statutory duties of the

  6  Office of the Entertainment Industry Commissioner.

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

  8  entertainment expenses of guests, business clients, or

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

10  while such persons are participating in activities or events

11  carried out by the Office of the Entertainment Industry

12  Commissioner in connection with that office's statutory

13  duties.

14

15  The rules are subject to approval by the Comptroller prior to

16  adoption. The rules must require the submission of paid

17  receipts, or other proof of expenditure prescribed by the

18  Comptroller, with any claim for reimbursement and require, as

19  a condition for any advancement of funds, an agreement to

20  submit paid receipts or other proof of expenditure and to

21  refund any unused portion of the advancement within 15 days

22  after the expense is incurred or, if the advancement is made

23  in connection with travel, within 10 working days after the

24  traveler's return to headquarters. However, with respect to an

25  advancement of funds made solely for travel expenses, the

26  rules may allow paid receipts or other proof of expenditure to

27  be submitted, and any unused portion of the advancement to be

28  refunded, within 10 working days after the traveler's return

29  to headquarters. Operational or promotional advancements, as

30  defined in s. 288.35(4), obtained under this section may not

31  be commingled with any other state funds.

                                  12

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




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

  2  Development shall prepare an annual report of the expenditures

  3  of the Office of the Entertainment Industry Commissioner and

  4  provide such report to the Legislature no later than December

  5  30 of each year for the expenditures of the previous fiscal

  6  year. The report must consist of a summary of all travel,

  7  entertainment, and incidental expenses incurred within the

  8  United States and all travel, entertainment, and incidental

  9  expenses incurred outside the United States.

10         (4)  The Office of the Entertainment Industry

11  Commissioner and its employees and representatives, when

12  authorized, may accept and use complimentary travel,

13  accommodations, meeting space, meals, equipment,

14  transportation, and any other goods or services necessary for

15  or beneficial to the performance of the office's duties and

16  purposes, so long as such acceptance or use is not in conflict

17  with part III of chapter 112. The Office of Tourism, Trade,

18  and Economic Development shall, by rule, develop internal

19  controls to ensure that such goods or services accepted or

20  used pursuant to this subsection are limited to those that

21  will assist in the furtherance of the office's goals and are

22  in compliance with part III of chapter 112.

23         (5)  Any claim submitted under this section is not

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

25  officer authorized to administer oaths, but any claim

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

27  section must contain a statement that the expenses were

28  actually incurred as necessary travel or entertainment

29  expenses in the performance of official duties of the Office

30  of the Entertainment Industry Commissioner and must be

31  verified by written declaration that it is true and correct as

                                  13

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1  to every material matter. Any person who willfully makes and

  2  subscribes to any claim that he or she does not believe to be

  3  true and correct as to every material matter or who willfully

  4  aids or assists in, procures, or counsels or advises with

  5  respect to, the preparation or presentation of a claim

  6  pursuant to this section that is fraudulent or false as to any

  7  material matter, whether or not such falsity or fraud is

  8  within the knowledge or consent of the person authorized or

  9  required to present the claim, commits a misdemeanor of the

10  second degree, punishable as provided in s. 775.082 or s.

11  775.083. Whoever receives an advancement or reimbursement by

12  means of a false claim is civilly liable, in the amount of the

13  overpayment, for the reimbursement of the public fund from

14  which the claim was paid.

15         Section 4.  Subsections (2) and (7) of section 14.2015,

16  Florida Statutes, 1998 Supplement, are amended to read:

17         14.2015  Office of Tourism, Trade, and Economic

18  Development; creation; powers and duties.--

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

20  Economic Development is to assist the Governor in working with

21  the Legislature, state agencies, business leaders, and

22  economic development professionals to formulate and implement

23  coherent and consistent policies and strategies designed to

24  provide economic opportunities for all Floridians.  To

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

26  Economic Development shall:

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

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

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

30  corporation whose board members have had prior experience in

31  promoting, throughout the state, the economic development of

                                  14

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




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

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

  3  and promote the entertainment industry in the state.

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

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

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

  7  sports industry in the state.

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

  9  partnerships and state agencies in order to avoid duplication

10  and promote coordinated and consistent implementation of

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

12  international trade and investment; business recruitment,

13  creation, retention, and expansion; minority and small

14  business development; and rural community development.

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

16  Governor and the Lieutenant Governor in economic development

17  projects designed to create, expand, and retain Florida

18  businesses and to recruit worldwide business.

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

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

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

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

23  of economic development in Florida which will include the

24  identification of problems and the recommendation of

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

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

27  Senate Minority Leader, and the House Minority Leader by

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

29  Governor's message to the Legislature under the State

30  Constitution and any other economic reports required by law.

31

                                  15

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (e)(f)  Plan and conduct at least three meetings per

  2  calendar year of leaders in business, government, and economic

  3  development called by the Governor to address the business

  4  climate in the state, develop a common vision for the economic

  5  future of the state, and identify economic development efforts

  6  to fulfill that vision.

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

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

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

10  program for qualified target industry businesses under s.

11  288.106, contracts for transportation projects under s.

12  288.063, the sports franchise facility program under s.

13  288.1162, the professional golf hall of fame facility program

14  under s. 288.1168, the Florida Jobs Siting Act under ss.

15  403.950-403.972, the Rural Community Development Revolving

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

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

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

19  Council, and the Rural Economic Development Initiative.

20         2.  The office may enter into contracts in connection

21  with the fulfillment of its duties concerning the Florida

22  First Business Bond Pool under chapter 159, tax incentives

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

24  Capital Company Act in chapter 288, foreign offices under

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

26  the Seaport Employment Training program under chapter 311, the

27  Florida Professional Sports Team License Plates under chapter

28  320, Spaceport Florida under chapter 331, Job Siting and

29  Expedited Permitting under chapter 403, and in carrying out

30  other functions that are specifically assigned to the office

31  by law.

                                  16

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




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

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

  3  Florida Commission on Tourism, and all direct-support

  4  organizations under this act, excluding those relating to

  5  tourism.  To accomplish the provisions of this act and

  6  applicable provisions of chapter 288, and notwithstanding the

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

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

  9  Florida Commission on Tourism, and other appropriate

10  direct-support organizations. Such contracts may be multiyear

11  and shall include specific performance measures for each year.

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

13  Speaker of the House of Representatives with a report by

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

15  including the extent to which specific contract performance

16  measures have been met by these contractors.

17         (h)  Provide administrative oversight for the Office of

18  the Entertainment Industry Commissioner, created under s.

19  288.1251, to develop, promote, and provide services to the

20  state's entertainment industry and to administratively house

21  the Entertainment Florida Advisory Council created under s.

22  288.125.

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

24  unified budget request for tourism, trade, and economic

25  development in accordance with chapter 216 for, and in

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

27  the Florida Commission on Tourism and its direct-support

28  organization, the Florida Black Business Investment Board, the

29  Office of the Entertainment Industry Commissioner, and the

30  direct-support organization organizations created to promote

31  the entertainment and sports industry industries.

                                  17

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (j)  Adopt Promulgate rules to carry out its functions

  2  in connection with the administration of the Qualified Target

  3  Industry program, the Qualified Defense Contractor program,

  4  the Certified Capital Company Act, the Enterprise Zone

  5  program, and the Florida First Business Bond pool.

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

  7  Development shall develop performance measures, standards, and

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

  9  in conjunction with the applicable entity, for each program

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

11  The performance measures, standards, and sanctions shall be

12  developed in consultation with the legislative appropriations

13  committees and the appropriate substantive committees, and are

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

15  216.177.  The approved performance measures, standards, and

16  sanctions shall be included and made a part of each strategic

17  plan or contract entered into for delivery of programs

18  authorized by this act.

19         Section 5.  Paragraph (e) of subsection (6) of section

20  288.108, Florida Statutes, is amended to read:

21         288.108  High-impact business.--

22         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

23  SECTORS.--

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

25  the recommendations gathered from the sector-business network

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

27  quarterly meetings required in s. 14.2015(2)(g) s.

28  14.2015(2)(h).

29         Section 6.  Subsection (7) of section 288.90152,

30  Florida Statutes, is amended to read:

31         288.90152  Pilot matching grant program.--

                                  18

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1         (7)  Upon completing all training funded under this

  2  pilot program, the Office of Tourism, Trade, and Economic

  3  Development shall report on the outputs and outcomes for this

  4  program as part of the annual report prepared under s.

  5  14.2015(2)(f) s. 14.2015(2)(g). Such report must include a

  6  recommendation on whether it would be sound public policy to

  7  continue or discontinue funding for the program.

  8         Section 7.  Sections 288.051, 288.052, 288.053,

  9  288.054, 288.056, 288.057, 288.1228, and 288.12285, Florida

10  Statutes, are repealed.

11         Section 8.  This act shall take effect upon becoming a

12  law.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  19

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






    Florida Senate - 1999                                  SB 1930
    38-1104-99




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3

  4    Creates the Entertainment Florida Advisory Council within
      the Office of Tourism, Trade, and Economic Development of
  5    the Executive Office of the Governor for the purpose of
      providing industry insight and expertise related to
  6    developing, promoting, and providing service to the
      state's entertainment industry. Provides for membership,
  7    terms, organization, and powers and duties of the
      council.
  8

  9    Creates the Office of Entertainment Industry Commissioner
      within the Office of Tourism, Trade, and Economic
10    Development for the purpose of developing, promoting, and
      providing services to the state's entertainment industry.
11    Provides procedure for the appointment of the
      Entertainment Industry Commissioner. Provides powers and
12    duties of the office.

13
      Requires the Office of Tourism, Trade, and Economic
14    Development to adopt rules by which it may make specified
      expenditures for expenses incurred in connection with the
15    performance of the duties of the Office of the
      Entertainment Industry Commissioner. Requires approval of
16    such rules by the Comptroller. Requires an annual report.
      Authorizes the acceptance and use of specified goods and
17    services by employees and representatives of the Office
      of the Entertainment Industry Commissioner relative to
18    the performance of the duties of the office. Provides
      certain requirements with respect to claims for expenses.
19    Provides a second-degree misdemeanor penalty for false or
      fraudulent claims, and provides for civil liability.
20

21    Revises purposes of the Office of Tourism, Trade, and
      Economic Development of the Executive Office of the
22    Governor with respect to the promotion of the
      entertainment industry within the state. Charges the
23    Office of Tourism, Trade, and Economic Development with
      administrative oversight of the Office of the
24    Entertainment Industry Commissioner.

25
      Repeals various provisions of chapter 288, F.S., relating
26    to the Florida Film and Television Investment Act and the
      Florida Film and Television Investment Board, to conform.
27

28

29

30

31

                                  20