Senate Bill 2152

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    Florida Senate - 1999                                  SB 2152

    By Senator Kirkpatrick





    5-1573A-99                                              See HB

  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.; defining

  5         the term "entertainment industry"; creating s.

  6         288.1251, F.S.; creating the Office of the Film

  7         Commissioner; providing procedure for

  8         appointment of the Film Commissioner; providing

  9         powers and duties of the office; creating s.

10         288.1252, F.S.; creating the Florida Film

11         Advisory Council within the Office of Tourism,

12         Trade, and Economic Development of the

13         Executive Office of the Governor; providing

14         purpose, membership, terms, organization,

15         powers, and duties of the council; creating s.

16         288.1253, F.S.; providing definitions;

17         requiring the Office of Tourism, Trade, and

18         Economic Development to adopt rules by which it

19         may make specified expenditures for expenses

20         incurred in connection with the performance of

21         the duties of the Office of the Film

22         Commissioner; requiring approval of such rules

23         by the Comptroller; requiring an annual report;

24         authorizing the acceptance and use of specified

25         goods and services by employees and

26         representatives of the Office of the Film

27         Commissioner; providing certain requirements

28         with respect to claims for expenses; providing

29         a penalty for false or fraudulent claims;

30         providing for civil liability; amending s.

31         14.2015, F.S.; revising purposes of the Office

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  1         of Tourism, Trade, and Economic Development of

  2         the Executive Office of the Governor; amending

  3         ss. 288.108 and 288.90152, F.S.; conforming

  4         cross-references; repealing s. 288.051, F.S.,

  5         which provides a short title; repealing s.

  6         288.052, F.S., relating to legislative findings

  7         and intent with respect to the "Florida Film

  8         and Television Investment Act"; repealing s.

  9         288.053, F.S., relating to the Florida Film and

10         Television Investment Board; repealing s.

11         288.054, F.S., relating to the administration

12         and powers of the Florida Film and Television

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

14         relating to the Florida Film and Television

15         Investment Trust Fund; repealing s. 288.056,

16         F.S., relating to conditions for film and

17         television investment by the board; repealing

18         s. 288.057, F.S., requiring an annual report by

19         the board; repealing s. 288.1228, F.S.,

20         relating to the direct-support organization

21         authorized by the Office of Tourism, Trade, and

22         Economic Development to assist in the promotion

23         and development of the entertainment industry;

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

25         confidentiality of identities of donors to the

26         direct-support organization; providing an

27         effective date.

28

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

30

31

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  1         Section 1.  Section 288.125, Florida Statutes, is

  2  created to read:

  3         288.125  Definitions.--For the purposes of sections

  4  288.1251 through 288.1258, the term "entertainment industry"

  5  means those persons or entities engaged in the operation of

  6  motion picture or television studios or recording studios, or

  7  those persons or entities engaged in the preproduction,

  8  production, or postproduction of motion pictures, made-for-TV

  9  motion pictures, television series, commercial advertising,

10  music videos, or sound recordings.

11         Section 2.  Section 288.1251, Florida Statutes, is

12  created to read:

13         288.1251  Promotion and development of entertainment

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

15  powers and duties.--

16         (1)  CREATION.--

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

18  Trade, and Economic Development the Office of the Film

19  Commissioner for the purpose of developing, marketing,

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

21  industry.

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

23  Development shall conduct a national search for a qualified

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

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

26  Economic Development shall hire the Film Commissioner.

27  Guidelines for selection of the Film Commissioner include, but

28  are not limited to, the Film Commissioner having:

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

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

31  industries to be served by the office;

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    Florida Senate - 1999                                  SB 2152
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  1         2.  Marketing and promotion experience related to the

  2  industries to be served by the office;

  3         3.  Experience working with a variety of individuals

  4  representing large and small entertainment-related businesses,

  5  industry associations, local community entertainment-industry

  6  liaisons, and labor organizations; and

  7         4.  Experience working with a variety of state and

  8  local governmental agencies.

  9         (2)  POWERS AND DUTIES.--

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

11  performance of its duties, shall:

12         1.  In consultation with the Florida Film Advisory

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

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

15  the areas of entertainment industry development, marketing,

16  promotion, liaison services, field office administration, and

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

18  30, 2000, shall:

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

20         b.  Include recommendations relating to the

21  organizational structure of the office.

22         c.  Include an annual budget projection for the office

23  for each year of the plan.

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

25  in implementing programs for rural and urban areas designed

26  to:

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

28  industry.

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

30  entertainment industry and other state and local governmental

31  agencies, local film commissions, and labor organizations.

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    Florida Senate - 1999                                  SB 2152
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  1         (III)  Gather statistical information related to the

  2  state's entertainment industry.

  3         (IV)  Provide information and service to businesses,

  4  communities, organizations, and individuals engaged in

  5  entertainment industry activities.

  6         (V)  Administer field offices outside the state and

  7  coordinate with regional offices maintained by counties and

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

  9  (II) above, as necessary.

10         e.  Include performance standards and measurable

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

12         f.  Include an assessment of, and make recommendations

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

14  partnership for the purpose of contracting with such a

15  partnership for the administration of the state's

16  entertainment industry promotion, development, marketing, and

17  industry service programs.

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

19  relationship between state agencies and local governments in

20  cooperation with local film commission offices for

21  out-of-state and indigenous entertainment industry production

22  entities.

23         3.  Implement a structured methodology prescribed for

24  coordinating activities of local offices with each other and

25  the commissioner's office.

26         4.  Represent the state's indigenous entertainment

27  industry to key decisionmakers within the national and

28  international entertainment industry, and to state and local

29  officials.

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

31  entertainment industry, including, but not limited to,

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




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

  2  creation, talent, and economic impact and coordinate with

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

  4         6.  Represent key decisionmakers within the national

  5  and international entertainment industry to the indigenous

  6  entertainment industry and to state and local officials.

  7         7.  Serve as liaison between entertainment industry

  8  producers and labor organizations.

  9         8.  Identify, solicit, and recruit entertainment

10  production opportunities for the state.

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

12  performance of its duties, may:

13         1.  Conduct or contract for specific promotion and

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

15  of a statewide directory, production and maintenance of an

16  Internet web site, establishment and maintenance of a

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

18  and appropriate cooperative marketing opportunities.

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

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

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

22  States.

23         3.  Carry out any program of information, special

24  events, or publicity designed to attract the entertainment

25  industry to Florida.

26         4.  Develop relationships and leverage resources with

27  other public and private organizations or groups in their

28  efforts to publicize to the entertainment industry in this

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

30  Florida's entertainment industry talent, crew, production

31  companies, production equipment resources, related businesses,

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  1  and support services, including the establishment of and

  2  expenditure for a program of cooperative advertising with

  3  these public and private organizations and groups in

  4  accordance with the provisions of chapter 120.

  5         5.  Provide and arrange for reasonable and necessary

  6  promotional items and services for such persons as the office

  7  deems proper in connection with the performance of the

  8  promotional and other duties of the office.

  9         6.  Prepare an annual economic impact analysis on

10  entertainment industry-related activities in the state.

11         Section 3.  Section 288.1252, Florida Statutes, is

12  created to read:

13         288.1252  Florida Film Advisory Council; creation;

14  purpose; membership; powers and duties.--

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

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

17  Executive Office of the Governor, for administrative purposes

18  only, the Florida Film Advisory Council.

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

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

21  Economic Development and to the Office of the Film

22  Commissioner to provide these offices with industry insight

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

24  providing service to the state's entertainment industry.

25         (3)  MEMBERSHIP.--

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

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

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

29  Speaker of the House of Representatives, with the initial

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

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




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

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

  3  House of Representatives shall appoint persons who are

  4  residents of the state and who are highly knowledgeable

  5  concerning, active in, and recognized leaders in Florida's

  6  motion picture, television, video, sound recording, or other

  7  entertainment industries. These persons shall include, but not

  8  be limited to, representatives of local film commissions,

  9  representatives of entertainment associations, a

10  representative of labor organizations in the entertainment

11  industry, and board chairs, presidents, chief executive

12  officers, chief operating officers, and persons of comparable

13  executive position or stature in leading or otherwise

14  important entertainment industry businesses and offices.

15  Council members shall be appointed in such a manner as to

16  equitably represent the broadest spectrum of the entertainment

17  industry and geographic areas of the state.

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

19  except that the initial terms shall be staggered:

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

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

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

23         2.  The President of the Senate shall appoint one

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

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

26         3.  The Speaker of the House of Representatives shall

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

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

29  4-year term.

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  1         (d)  Subsequent appointments shall be made by the

  2  official who appointed the council member whose expired term

  3  is to be filled.

  4         (e)  The Film Commissioner shall serve as an ex officio

  5  member of the council.

  6         (f)  Absence from three consecutive meetings shall

  7  result in automatic removal from the council.

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

  9  remainder of the unexpired term by the official who appointed

10  the vacating member.

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

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

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

14  may not serve more than two consecutive terms.

15         (4)  MEETINGS; ORGANIZATION.--

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

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

18  often as set by the council.

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

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

21  chair.  The Office of the Film Commissioner shall provide

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

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

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

25  papers filed with the council.

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

27  constitute a quorum.

28         (d)  Members of the council shall serve without

29  compensation but shall be entitled to reimbursement for per

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

31  in performance of their duties.

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    Florida Senate - 1999                                  SB 2152
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  1         (5)  POWERS AND DUTIES.--The Florida Film Advisory

  2  Council shall have all the powers necessary or convenient to

  3  carry out and effectuate the purposes and provisions of this

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

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

  6  the conduct of its business.

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

  8  Commissioner on the content, development, and implementation

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

10  office.

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

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

13  Commissioner on the programs and any changes that might be

14  made to better meet the strategic plan.

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

16  industry for the purpose of advising the commissioner and the

17  Office of Tourism, Trade, and Economic Development.

18         (e)  Identify and make recommendations on state agency

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

20  entertainment industry or that may appear to industry

21  representatives as an official state or local action affecting

22  production in the state.

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

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

25  Development.

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

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

28  request or upon its own initiative, regarding the

29  promulgation, administration, and enforcement of all laws and

30  rules relating to the entertainment industry.

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

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

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

  4  improve internal operations affecting the entertainment

  5  industry and will enhance the economic development initiatives

  6  of the state for the industry.

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

  8  commissions, departments, or other agencies of municipal,

  9  county, or state government or the Federal Government.

10         Section 4.  Section 288.1253, Florida Statutes, is

11  created to read:

12         288.1253  Travel and entertainment expenses.--

13         (1)  As used in this section:

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

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

16  representatives of the Office of the Film Commissioner in

17  connection with the performance of its statutory duties,

18  including persons or representatives of entertainment industry

19  companies considering location, relocation, or expansion of an

20  entertainment industry business within the state.

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

22  necessary, and reasonable costs of providing hospitality for

23  business clients or guests, which costs are defined and

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

25  and Economic Development, subject to approval by the

26  Comptroller.

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

28  official or state employee, authorized by the Office of

29  Tourism, Trade, and Economic Development to receive the

30  hospitality of the Office of the Film Commissioner in

31  connection with the performance of its statutory duties.

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    Florida Senate - 1999                                  SB 2152
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  1         (d)  "Travel expenses" means the actual, necessary, and

  2  reasonable costs of transportation, meals, lodging, and

  3  incidental expenses normally incurred by a traveler, which

  4  costs are defined and prescribed by rules adopted by the

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

  6  approval by the Comptroller.

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

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

  9  rules by which it may make expenditures by advancement or

10  reimbursement, or a combination thereof, to:

11         (a)  State officers and state employees for travel

12  expenses or entertainment expenses incurred by such officers

13  and employees in connection with the performance of the

14  statutory duties of the Office of the Film Commissioner.

15         (b)  State officers and state employees for travel

16  expenses or entertainment expenses incurred by such officers

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

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

19  connection with the performance of the statutory duties of the

20  Office of the Film Commissioner.

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

22  entertainment expenses of guests, business clients, or

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

24  while such persons are participating in activities or events

25  carried out by the Office of the Film Commissioner in

26  connection with that office's statutory 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

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  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.

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

25  employees and representatives, when authorized, may accept and

26  use complimentary travel, accommodations, meeting space,

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

28  services necessary for or beneficial to the performance of the

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

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

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

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    Florida Senate - 1999                                  SB 2152
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  1  rule, develop internal controls to ensure that such goods or

  2  services accepted or used pursuant to this subsection are

  3  limited to those that will assist in the furtherance of the

  4  office's goals and are in compliance with part III of chapter

  5  112.

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

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

  8  officer authorized to administer oaths, but any claim

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

10  section shall contain a statement that the expenses were

11  actually incurred as necessary travel or entertainment

12  expenses in the performance of official duties of the Office

13  of the Film Commissioner and shall be verified by written

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

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

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

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

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

19  preparation or presentation of a claim pursuant to this

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

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

22  consent of the person authorized or required to present the

23  claim, is guilty of a misdemeanor of the second degree,

24  punishable as provided in s. 775.082 or s. 775.083. Whoever

25  receives an advancement or reimbursement by means of a false

26  claim is civilly liable, in the amount of the overpayment, for

27  the reimbursement of the public fund from which the claim was

28  paid.

29         Section 5.  Subsections (2) and (7) of section 14.2015,

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

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  1         14.2015  Office of Tourism, Trade, and Economic

  2  Development; creation; powers and duties.--

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

  4  Economic Development is to assist the Governor in working with

  5  the Legislature, state agencies, business leaders, and

  6  economic development professionals to formulate and implement

  7  coherent and consistent policies and strategies designed to

  8  provide economic opportunities for all Floridians.  To

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

10  Economic Development shall:

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

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

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

14  corporation whose board members have had prior experience in

15  promoting, throughout the state, the economic development of

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

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

18  and promote the entertainment industry in the state.

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

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

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

22  sports industry in the state.

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

24  partnerships and state agencies in order to avoid duplication

25  and promote coordinated and consistent implementation of

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

27  international trade and investment; business recruitment,

28  creation, retention, and expansion; minority and small

29  business development; and rural community development.

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

31  Governor and the Lieutenant Governor in economic development

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  1  projects designed to create, expand, and retain Florida

  2  businesses and to recruit worldwide business.

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

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

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

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

  7  of economic development in Florida which will include the

  8  identification of problems and the recommendation of

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

10  the Senate, the Speaker of the House of Representatives, the

11  Senate Minority Leader, and the House Minority Leader by

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

13  Governor's message to the Legislature under the State

14  Constitution and any other economic reports required by law.

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

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

17  development called by the Governor to address the business

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

19  future of the state, and identify economic development efforts

20  to fulfill that vision.

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

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

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

24  program for qualified target industry businesses under s.

25  288.106, contracts for transportation projects under s.

26  288.063, the sports franchise facility program under s.

27  288.1162, the professional golf hall of fame facility program

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

29  403.950-403.972, the Rural Community Development Revolving

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

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

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

  2  Council, and the Rural Economic Development Initiative.

  3         2.  The office may enter into contracts in connection

  4  with the fulfillment of its duties concerning the Florida

  5  First Business Bond Pool under chapter 159, tax incentives

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

  7  Capital Company Act in chapter 288, foreign offices under

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

  9  the Seaport Employment Training program under chapter 311, the

10  Florida Professional Sports Team License Plates under chapter

11  320, Spaceport Florida under chapter 331, Job Siting and

12  Expedited Permitting under chapter 403, and in carrying out

13  other functions that are specifically assigned to the office

14  by law.

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

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

17  Florida Commission on Tourism, and all direct-support

18  organizations under this act, excluding those relating to

19  tourism.  To accomplish the provisions of this act and

20  applicable provisions of chapter 288, and notwithstanding the

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

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

23  Florida Commission on Tourism, and other appropriate

24  direct-support organizations. Such contracts may be multiyear

25  and shall include specific performance measures for each year.

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

27  Speaker of the House of Representatives with a report by

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

29  including the extent to which specific contract performance

30  measures have been met by these contractors.

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




  1         (h)  Provide administrative oversight for the Office of

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

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

  4  industry and to administratively house the Florida Film

  5  Advisory Council created under s. 288.1252.

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

  7  unified budget request for tourism, trade, and economic

  8  development in accordance with chapter 216 for, and in

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

10  the Florida Commission on Tourism and its direct-support

11  organization, the Florida Black Business Investment Board, the

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

13  organization organizations created to promote the

14  entertainment and sports industry industries.

15         (j)  Promulgate rules to carry out its functions in

16  connection with the administration of the Qualified Target

17  Industry program, the Qualified Defense Contractor program,

18  the Certified Capital Company Act, the Enterprise Zone

19  program, and the Florida First Business Bond pool.

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

21  Development shall develop performance measures, standards, and

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

23  in conjunction with the applicable entity, for each program

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

25  The performance measures, standards, and sanctions shall be

26  developed in consultation with the legislative appropriations

27  committees and the appropriate substantive committees, and are

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

29  216.177.  The approved performance measures, standards, and

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

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




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

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

  3         Section 6.  Paragraph (e) of subsection (6) of section

  4  288.108, Florida Statutes, is amended to read:

  5         288.108  High-impact business.--

  6         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

  7  SECTORS.--

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

  9  the recommendations gathered from the sector-business network

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

11  quarterly meetings required in s. 14.2015(2)(g)(h).

12         Section 7.  Subsection (7) of section 288.90152,

13  Florida Statutes, is amended to read:

14         288.90152  Pilot matching grant program.--

15         (7)  Upon completing all training funded under this

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

17  Development shall report on the outputs and outcomes for this

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

19  14.2015(2)(f)(g). Such report must include a recommendation on

20  whether it would be sound public policy to continue or

21  discontinue funding for the program.

22         Section 8.  Sections 288.051, 288.052, 288.053,

23  288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,

24  Florida Statutes, are repealed.

25         Section 9.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 1999                                  SB 2152
    5-1573A-99                                              See HB




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

  2                       LEGISLATIVE SUMMARY

  3
      Creates the Office of Film Commissioner within the Office
  4    of Tourism, Trade, and Economic Development for the
      purpose of developing, promoting, and providing services
  5    to the state's entertainment industry. Provides procedure
      for the appointment of the Film Commissioner. Provides
  6    powers and duties of the office.

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

12
      Requires the Office of Tourism, Trade, and Economic
13    Development to adopt rules by which it may make specified
      expenditures for expenses incurred in connection with the
14    performance of the duties of the Office of the Film
      Commissioner. Requires approval of such rules by the
15    Comptroller. Requires an annual report. Authorizes the
      acceptance and use of specified goods and services by
16    employees and representatives of the Office of the Film
      Commissioner relative to the performance of the duties of
17    the office. Provides certain requirements with respect to
      claims for expenses. Provides a second-degree misdemeanor
18    penalty for false or fraudulent claims, and provides for
      civil liability.
19

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

24
      Repeals various provisions of chapter 288, F.S., relating
25    to the Florida Film and Television Investment Act and the
      Florida Film and Television Investment Board, to conform.
26

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