Senate Bill 2152c1
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Florida Senate - 1999 CS for SB's 2152 & 1930
By the Committee on Commerce and Economic Opportunities; and
Senators Kirkpatrick and Silver
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1 A bill to be entitled
2 An act relating to the promotion and
3 development of Florida's entertainment
4 industry; providing a short title; providing
5 legislative findings and intent; creating s.
6 288.125, F.S.; defining the term "entertainment
7 industry"; creating s. 288.1251, F.S.; creating
8 the Office of the Film Commissioner; providing
9 procedure for appointment of the Film
10 Commissioner; providing powers and duties of
11 the office; creating s. 288.1252, F.S.;
12 creating the Florida Entertainment Industry
13 Advisory Council within the Office of Tourism,
14 Trade, and Economic Development of the
15 Executive Office of the Governor; providing
16 purpose, membership, terms, organization,
17 powers, and duties of the council; creating s.
18 288.1253, F.S.; providing definitions;
19 requiring the Office of Tourism, Trade, and
20 Economic Development to adopt rules by which it
21 may make specified expenditures for expenses
22 incurred in connection with the performance of
23 the duties of the Office of the Film
24 Commissioner; requiring approval of such rules
25 by the Comptroller; requiring an annual report;
26 authorizing the acceptance and use of specified
27 goods and services by employees and
28 representatives of the Office of the Film
29 Commissioner; providing certain requirements
30 with respect to claims for expenses; providing
31 a penalty for false or fraudulent claims;
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1 providing for civil liability; amending s.
2 14.2015, F.S.; revising purposes of the Office
3 of Tourism, Trade, and Economic Development of
4 the Executive Office of the Governor relating
5 to entertainment and sports promotion;
6 repealing s. 288.051, F.S., which provides a
7 short title; repealing s. 288.052, F.S.,
8 relating to legislative findings and intent
9 with respect to the "Florida Film and
10 Television Investment Act"; repealing s.
11 288.053, F.S., relating to the Florida Film and
12 Television Investment Board; repealing s.
13 288.054, F.S., relating to the administration
14 and powers of the Florida Film and Television
15 Investment Board; repealing s. 288.055, F.S.,
16 relating to the Florida Film and Television
17 Investment Trust Fund; repealing s. 288.056,
18 F.S., relating to conditions for film and
19 television investment by the board; repealing
20 s. 288.057, F.S., requiring an annual report by
21 the board; repealing s. 288.1228, F.S.,
22 relating to the direct-support organization
23 authorized by the Office of Tourism, Trade, and
24 Economic Development to assist in the promotion
25 and development of the entertainment industry;
26 repealing s. 288.12285, F.S., relating to
27 confidentiality of identities of donors to the
28 direct-support organization; creating the 21st
29 Century Digital Television and Education Task
30 Force; providing membership; providing duties;
31 providing for a report; amending s. 288.1229,
2
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1 F.S.; revising the purposes of the
2 direct-support organization authorized to
3 assist the Office of Tourism, Trade, and
4 Economic Development in the promotion and
5 development of the sports industry and related
6 industries; specifying the duties of the
7 direct-support organization with respect to the
8 promotion of sports industry, amateur sports,
9 and physical fitness; providing requirements
10 with respect to the Sunshine State Games;
11 providing authority of the Executive Office of
12 the Governor with respect to the use of
13 specified property, facilities, and personal
14 services; amending s. 320.08058, F.S.; revising
15 provisions relating to the Florida United
16 States Olympic Committee license plate to
17 remove references to the Sunshine State Games
18 Foundation; revising the distribution of annual
19 use fees from the sale of the Florida United
20 States Olympic Committee license plate;
21 providing for the reversion of funds and
22 property of the Sunshine State Games
23 Foundation, Inc., and the Florida Governor's
24 Council on Physical Fitness and Amateur Sports
25 to the direct-support organization; specifying
26 use of such funds and property; repealing s.
27 14.22, F.S.; removing provisions relating to
28 the Florida Governor's Council on Physical
29 Fitness and Amateur Sports within the Office of
30 the Governor, the Sunshine State Games,
31 national and international amateur athletic
3
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1 competitions and Olympic development centers,
2 direct-support organizations, and the Olympics
3 and Pan American Games Task Force; providing an
4 effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Short title.--This act may be cited as the
9 "Entertainment Florida Act of 1999."
10 Section 2. Legislative findings and intent.--The
11 Legislature finds that the entertainment industry is comprised
12 of multiple components, including, but not limited to, the
13 operation of motion picture or television studios; the
14 production of motion pictures, made-for-TV motion pictures,
15 television series, commercial advertising, music videos, and
16 sound recordings; the manufacture of products and the
17 provision of services in the broadcast, communications, and
18 other high-technology industries; the attendance at,
19 participation in, and hosting of professional and amateur
20 sporting events; and the attendance by in-state and
21 out-of-state visitors at commercial and other attractions in
22 the state. The Legislature further finds that these
23 interrelated components form an entertainment industry cluster
24 with the potential to contribute significantly to the efforts
25 of the state to develop its economy and create employment
26 opportunities for its residents. It is the intent of the
27 Legislature to recognize the economic development significance
28 of the entertainment industry and to adopt policies designed
29 to facilitate its growth.
30 Section 3. Section 288.125, Florida Statutes, is
31 created to read:
4
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1 288.125 Definitions.--For the purposes of sections
2 288.1251 through 288.1258, the term "entertainment industry"
3 means those persons or entities engaged in the operation of
4 motion picture or television studios or recording studios;
5 those persons or entities engaged in the preproduction,
6 production, or postproduction of motion pictures, made-for-TV
7 motion pictures, television series, commercial advertising,
8 music videos, or sound recordings; or those persons or
9 entities providing products or services directly related to
10 the preproduction, production, or postproduction of motion
11 pictures, made-for-TV motion pictures, television series,
12 commercial advertising, music videos, or sound recordings,
13 including, but not limited to, the broadcast industry.
14 Section 4. Section 288.1251, Florida Statutes, is
15 created to read:
16 288.1251 Promotion and development of entertainment
17 industry; Office of the Film Commissioner; creation; purpose;
18 powers and duties.--
19 (1) CREATION.--
20 (a) There is created within the Office of Tourism,
21 Trade, and Economic Development the Office of the Film
22 Commissioner for the purpose of developing, marketing,
23 promoting, and providing services to the state's entertainment
24 industry.
25 (b) The Office of Tourism, Trade, and Economic
26 Development shall conduct a national search for a qualified
27 person to fill the position of Film Commissioner.
28 Notwithstanding any other provision of law, the Executive
29 Director of the Office of Tourism, Trade, and Economic
30 Development shall hire the Film Commissioner under a
31 performance-based contract that provides for a base payment
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1 for services or products delivered under the contract and that
2 provides for incentive payments, in addition to the base
3 payment, for the achievement of performance outcomes specified
4 in the contract, including, but not limited to, the
5 recruitment of film, television, recording, or other
6 entertainment projects to Florida directly attributable to the
7 work of the Film Commissioner. Such incentives must be paid
8 from funds appropriated by the Legislature and from funds
9 raised from the private sector. Guidelines for selection of
10 the Film Commissioner include, but are not limited to, the
11 Film Commissioner having:
12 1. A working knowledge of the equipment, personnel,
13 financial, and day-to-day production operations of the
14 industries to be served by the office;
15 2. Marketing and promotion experience related to the
16 industries to be served by the office;
17 3. Experience working with a variety of individuals
18 representing large and small entertainment-related businesses,
19 industry associations, local community entertainment-industry
20 liaisons, and labor organizations; and
21 4. Experience working with a variety of state and
22 local governmental agencies.
23 5. A willingness to market the state as a site for
24 entertainment projects under a performance-based contract.
25 (c) Prior to executing a contract with the Film
26 Commissioner under paragraph (b), the director of the Office
27 of Tourism, Trade, and Economic Development shall consult with
28 the Governor's Chief Inspector General and with the Office of
29 Program Policy Analysis and Government Accountability for
30 assistance in identifying and defining the specific outcomes
31 and appropriate incentive payments to govern such contract.
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1 One of the factors to be considered in determining the
2 appropriate amount of incentive payments shall be the
3 financial benefit to the state of projects recruited by the
4 Film Commissioner.
5 (d) The Director of the Office of Tourism, Trade, and
6 Economic Development shall notify the Governor, the President
7 of the Senate, and the Speaker of the House of Representatives
8 on an annual basis of the amount of incentive payments awarded
9 and shall identify the entertainment projects recruited to the
10 state that provided a basis for the incentive payments.
11 (e) The duration of the contract with the Film
12 Commissioner shall not exceed one year, and the contract shall
13 not contain any severance terms or conditions that exceed the
14 terms and conditions of a career service employee. The
15 contract with the Film Commissioner shall include conditions
16 authorizing and governing the sharing of incentive payments
17 with employees of the Office of the Film Commissioner.
18 (f) The Film Commissioner shall not share, or
19 otherwise use, the incentive payments under this subsection in
20 an effort to influence the decision of a person or
21 organization to select this state as a location for a film,
22 television, recording, or other entertainment project.
23 Violation of this provision shall constitute grounds for the
24 Office of Tourism, Trade, and Economic Development to
25 terminate the contract with the Film Commissioner.
26 (2) POWERS AND DUTIES.--
27 (a) The Office of the Film Commissioner, in
28 performance of its duties, shall:
29 1. In consultation with the Florida Entertainment
30 Industry Advisory Council, develop and implement a 5-year
31 strategic plan to guide the activities of the Office of the
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1 Film Commissioner in the areas of entertainment industry
2 development, marketing, promotion, liaison services, field
3 office administration, and information. The plan, to be
4 developed by no later than June 30, 2000, shall:
5 a. Be annual in construction and ongoing in nature.
6 b. Include recommendations relating to the
7 organizational structure of the office.
8 c. Include an annual budget projection for the office
9 for each year of the plan.
10 d. Include an operational model for the office to use
11 in implementing programs for rural and urban areas designed
12 to:
13 (I) Develop and promote the state's entertainment
14 industry.
15 (II) Have the office serve as a liaison between the
16 entertainment industry and other state and local governmental
17 agencies, local film commissions, and labor organizations.
18 (III) Gather statistical information related to the
19 state's entertainment industry.
20 (IV) Provide information and service to businesses,
21 communities, organizations, and individuals engaged in
22 entertainment industry activities.
23 (V) Administer field offices outside the state and
24 coordinate with regional offices maintained by counties and
25 regions of the state, as described in sub-sub-subparagraph
26 (II) above, as necessary.
27 e. Include performance standards and measurable
28 outcomes for the programs to be implemented by the office.
29 f. Include an assessment of, and make recommendations
30 on, the feasibility of creating an alternative public-private
31 partnership for the purpose of contracting with such a
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1 partnership for the administration of the state's
2 entertainment industry promotion, development, marketing, and
3 industry service programs.
4 2. Develop, market, and facilitate a smooth working
5 relationship between state agencies and local governments in
6 cooperation with local film commission offices for
7 out-of-state and indigenous entertainment industry production
8 entities.
9 3. Implement a structured methodology prescribed for
10 coordinating activities of local offices with each other and
11 with the commissioner's office.
12 4. Represent the state's indigenous entertainment
13 industry to key decisionmakers within the national and
14 international entertainment industry, and to state and local
15 officials.
16 5. Prepare an inventory and analysis of the state's
17 entertainment industry, including, but not limited to,
18 information on crew, related businesses, support services, job
19 creation, talent, advancements in the use of digital
20 technology, and economic impact, and coordinate with local
21 offices to develop an information tool for common use.
22 6. Represent key decisionmakers within the national
23 and international entertainment industry to the indigenous
24 entertainment industry and to state and local officials.
25 7. Serve as liaison between entertainment industry
26 producers and labor organizations.
27 8. Identify, solicit, and recruit entertainment
28 production opportunities for the state, with the Film
29 Commissioner operating under a performance-based contract as
30 specified in subsection (1).
31
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1 9. Assist rural communities and other small
2 communities in the state in developing expertise and capacity
3 necessary for such communities to develop, market, promote,
4 and provide services to the state's entertainment industry.
5 (b) The Office of the Film Commissioner, in the
6 performance of its duties, may:
7 1. Conduct or contract for specific promotion and
8 marketing functions, including, but not limited to, production
9 of a statewide directory, production and maintenance of an
10 Internet web site, establishment and maintenance of a
11 toll-free number, organization of trade show participation,
12 and appropriate cooperative marketing opportunities.
13 2. Conduct its affairs, carry on its operations,
14 establish offices, and exercise the powers granted by this act
15 in any state, territory, district, or possession of the United
16 States.
17 3. Carry out any program of information, special
18 events, or publicity designed to attract the entertainment
19 industry to Florida.
20 4. Develop relationships and leverage resources with
21 other public and private organizations or groups in their
22 efforts to publicize to the entertainment industry in this
23 state, other states, and other countries the depth of
24 Florida's entertainment industry talent, crew, production
25 companies, production equipment resources, related businesses,
26 and support services, including the establishment of and
27 expenditure for a program of cooperative advertising with
28 these public and private organizations and groups in
29 accordance with the provisions of chapter 120.
30 5. Provide and arrange for reasonable and necessary
31 promotional items and services for such persons as the office
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1 deems proper in connection with the performance of the
2 promotional and other duties of the office.
3 6. Prepare an annual economic impact analysis on
4 entertainment-industry-related activities in the state.
5 Section 5. Section 288.1252, Florida Statutes, is
6 created to read:
7 288.1252 Florida Entertainment Industry Advisory
8 Council; creation; purpose; membership; powers and duties.--
9 (1) CREATION.--There is hereby created within the
10 Office of Tourism, Trade, and Economic Development of the
11 Executive Office of the Governor, for administrative purposes
12 only, the Florida Entertainment Industry Advisory Council.
13 (2) PURPOSE.--The purpose of the council shall be to
14 serve as an advisory body to the Office of Tourism, Trade, and
15 Economic Development and to the Office of the Film
16 Commissioner to provide these offices with industry insight
17 and expertise related to developing, marketing, promoting, and
18 providing service to the state's entertainment industry.
19 (3) MEMBERSHIP.--
20 (a) The council shall consist of 17 members, seven to
21 be appointed by the Governor, five to be appointed by the
22 President of the Senate, and five to be appointed by the
23 Speaker of the House of Representatives, with the initial
24 appointments being made no later than August 1, 1999.
25 (b) When making appointments to the council, the
26 Governor, the President of the Senate, and the Speaker of the
27 House of Representatives shall appoint persons who are
28 residents of the state and who are highly knowledgeable
29 concerning, active in, and recognized leaders in Florida's
30 motion picture, television, video, sound recording, or other
31 entertainment industries. These persons shall include, but not
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1 be limited to, representatives of local film commissions,
2 representatives of entertainment associations, representatives
3 of the broadcast industry, representatives of studios and
4 networks, a representative of labor organizations in the
5 entertainment industry, and board chairs, presidents, chief
6 executive officers, chief operating officers, and persons of
7 comparable executive position or stature in leading or
8 otherwise important entertainment industry businesses and
9 offices. Council members shall be appointed in such a manner
10 as to equitably represent the broadest spectrum of the
11 entertainment industry and geographic areas of the state.
12 (c) Council members shall serve for 4-year terms,
13 except that the initial terms shall be staggered:
14 1. The Governor shall appoint one member for a 1-year
15 term, two members for 2-year terms, two members for 3-year
16 terms, and two members for 4-year terms.
17 2. The President of the Senate shall appoint one
18 member for a 1-year term, one member for a 2-year term, two
19 members for 3-year terms, and one member for a 4-year term.
20 3. The Speaker of the House of Representatives shall
21 appoint one member for a 1-year term, one member for a 2-year
22 term, two members for 3-year terms, and one member for a
23 4-year term.
24 (d) Subsequent appointments shall be made by the
25 official who appointed the council member whose expired term
26 is to be filled.
27 (e) The Film Commissioner, a representative of
28 Enterprise Florida, Inc., and a representative of the Florida
29 Tourism Industry Marketing Corporation shall serve as
30 ex-officio, non-voting members of the council, and shall be in
31 addition to the 17 appointed members of the council.
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1 (f) Absence from three consecutive meetings shall
2 result in automatic removal from the council.
3 (g) A vacancy on the council shall be filled for the
4 remainder of the unexpired term by the official who appointed
5 the vacating member.
6 (h) No more than one member of the council may be an
7 employee of any one company, organization, or association.
8 (i) Any member shall be eligible for reappointment but
9 may not serve more than two consecutive terms.
10 (4) MEETINGS; ORGANIZATION.--
11 (a) The council shall meet no less frequently than
12 once each quarter of the calendar year, but may meet more
13 often as determined by the council.
14 (b) The council shall annually elect one member to
15 serve as chair of the council and one member to serve as vice
16 chair. The Office of the Film Commissioner shall provide
17 staff assistance to the council, which shall include, but not
18 be limited to, keeping records of the proceedings of the
19 council and serving as custodian of all books, documents, and
20 papers filed with the council.
21 (c) A majority of the members of the council shall
22 constitute a quorum.
23 (d) Members of the council shall serve without
24 compensation but shall be entitled to reimbursement for per
25 diem and travel expenses in accordance with s. 112.061 while
26 in performance of their duties.
27 (5) POWERS AND DUTIES.--The Florida Entertainment
28 Industry Advisory Council shall have all the powers necessary
29 or convenient to carry out and effectuate the purposes and
30 provisions of this act, including, but not limited to, the
31 power to:
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1 (a) Adopt bylaws for the governance of its affairs and
2 the conduct of its business.
3 (b) Advise and consult with the Office of the Film
4 Commissioner on the content, development, and implementation
5 of the 5-year strategic plan to guide the activities of the
6 office.
7 (c) Review the Film Commissioner's administration of
8 the programs related to the strategic plan, and advise the
9 Commissioner on the programs and any changes that might be
10 made to better fulfill the strategic plan.
11 (d) Consider and study the needs of the entertainment
12 industry for the purpose of advising the commissioner and the
13 Office of Tourism, Trade, and Economic Development.
14 (e) Identify and make recommendations on state agency
15 and local government actions that may have an impact on the
16 entertainment industry or that may appear to industry
17 representatives as an official state or local action affecting
18 production in the state.
19 (f) Consider all matters submitted to it by the
20 commissioner and the Office of Tourism, Trade, and Economic
21 Development.
22 (g) Advise and consult with the commissioner and the
23 Office of Tourism, Trade, and Economic Development, at their
24 request or upon its own initiative, regarding the
25 promulgation, administration, and enforcement of all laws and
26 rules relating to the entertainment industry.
27 (h) Suggest policies and practices for the conduct of
28 business by the Office of the Film Commissioner or by the
29 Office of Tourism, Trade, and Economic Development that will
30 improve internal operations affecting the entertainment
31
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1 industry and will enhance the economic development initiatives
2 of the state for the industry.
3 (i) Appear on its own behalf before boards,
4 commissions, departments, or other agencies of municipal,
5 county, or state government or the Federal Government.
6 Section 6. Section 288.1253, Florida Statutes, is
7 created to read:
8 288.1253 Travel and entertainment expenses.--
9 (1) As used in this section, the term:
10 (a) "Business client" means any person, other than a
11 state official or state employee, who receives the services of
12 representatives of the Office of the Film Commissioner in
13 connection with the performance of its statutory duties,
14 including persons or representatives of entertainment industry
15 companies considering location, relocation, or expansion of an
16 entertainment industry business within the state.
17 (b) "Entertainment expenses" means the actual,
18 necessary, and reasonable costs of providing hospitality for
19 business clients or guests, which costs are defined and
20 prescribed by rules adopted by the Office of Tourism, Trade,
21 and Economic Development, subject to approval by the
22 Comptroller.
23 (c) "Guest" means a person, other than a state
24 official or state employee, authorized by the Office of
25 Tourism, Trade, and Economic Development to receive the
26 hospitality of the Office of the Film Commissioner in
27 connection with the performance of its statutory duties.
28 (d) "Travel expenses" means the actual, necessary, and
29 reasonable costs of transportation, meals, lodging, and
30 incidental expenses normally incurred by a traveler, which
31 costs are defined and prescribed by rules adopted by the
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1 Office of Tourism, Trade, and Economic Development, subject to
2 approval by the Comptroller.
3 (2) Notwithstanding the provisions of s. 112.061, the
4 Office of Tourism, Trade, and Economic Development shall adopt
5 rules by which it may make expenditures by advancement or
6 reimbursement, or a combination thereof, to:
7 (a) The Governor, the Lieutenant Governor, security
8 staff of the Governor or Lieutenant Governor, the Film
9 Commissioner, or staff of the Office of the Film Commissioner
10 for travel expenses or entertainment expenses incurred by such
11 individuals solely and exclusively in connection with the
12 performance of the statutory duties of the Office of the Film
13 Commissioner.
14 (b) The Governor, the Lieutenant Governor, security
15 staff of the Governor or Lieutenant Governor, the Film
16 Commissioner, or staff of the Office of the Film Commissioner
17 for travel expenses or entertainment expenses incurred by such
18 individuals on behalf of guests, business clients, or
19 authorized persons as defined in s. 112.061(2)(e) solely and
20 exclusively in connection with the performance of the
21 statutory duties of the Office of the Film Commissioner.
22 (c) Third-party vendors for the travel or
23 entertainment expenses of guests, business clients, or
24 authorized persons as defined in s. 112.061(2)(e) incurred
25 solely and exclusively while such persons are participating in
26 activities or events carried out by the Office of the Film
27 Commissioner in connection with that office's statutory
28 duties.
29
30 The rules shall be subject to approval by the Comptroller
31 prior to promulgation. The rules shall require the submission
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1 of paid receipts, or other proof of expenditure prescribed by
2 the Comptroller, with any claim for reimbursement and shall
3 require, as a condition for any advancement of funds, an
4 agreement to submit paid receipts or other proof of
5 expenditure and to refund any unused portion of the
6 advancement within 15 days after the expense is incurred or,
7 if the advancement is made in connection with travel, within
8 10 working days after the traveler's return to headquarters.
9 However, with respect to an advancement of funds made solely
10 for travel expenses, the rules may allow paid receipts or
11 other proof of expenditure to be submitted, and any unused
12 portion of the advancement to be refunded, within 10 working
13 days after the traveler's return to headquarters. Operational
14 or promotional advancements, as defined in s. 288.35(4),
15 obtained pursuant to this section shall not be commingled with
16 any other state funds.
17 (3) The Office of Tourism, Trade, and Economic
18 Development shall prepare an annual report of the expenditures
19 of the Office of the Film Commissioner and provide such report
20 to the Legislature no later than December 30 of each year for
21 the expenditures of the previous fiscal year. The report shall
22 consist of a summary of all travel, entertainment, and
23 incidental expenses incurred within the United States and all
24 travel, entertainment, and incidental expenses incurred
25 outside the United States, as well as a summary of all
26 successful projects that developed from such travel.
27 (4) The Office of the Film Commissioner and its
28 employees and representatives, when authorized, may accept and
29 use complimentary travel, accommodations, meeting space,
30 meals, equipment, transportation, and any other goods or
31 services necessary for or beneficial to the performance of the
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1 office's duties and purposes, so long as such acceptance or
2 use is not in conflict with part III of chapter 112. The
3 Office of Tourism, Trade, and Economic Development shall, by
4 rule, develop internal controls to ensure that such goods or
5 services accepted or used pursuant to this subsection are
6 limited to those that will assist solely and exclusively in
7 the furtherance of the office's goals and are in compliance
8 with part III of chapter 112.
9 (5) Any claim submitted under this section shall not
10 be required to be sworn to before a notary public or other
11 officer authorized to administer oaths, but any claim
12 authorized or required to be made under any provision of this
13 section shall contain a statement that the expenses were
14 actually incurred as necessary travel or entertainment
15 expenses in the performance of official duties of the Office
16 of the Film Commissioner and shall be verified by written
17 declaration that it is true and correct as to every material
18 matter. Any person who willfully makes and subscribes to any
19 claim which he or she does not believe to be true and correct
20 as to every material matter or who willfully aids or assists
21 in, procures, or counsels or advises with respect to, the
22 preparation or presentation of a claim pursuant to this
23 section which is fraudulent or false as to any material
24 matter, whether or not such falsity or fraud is with the
25 knowledge or consent of the person authorized or required to
26 present the claim, is guilty of a misdemeanor of the second
27 degree, punishable as provided in s. 775.082 or s. 775.083.
28 Whoever receives an advancement or reimbursement by means of a
29 false claim is civilly liable, in the amount of the
30 overpayment, for the reimbursement of the public fund from
31 which the claim was paid.
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1 Section 7. Subsections (2) and (7) of section 14.2015,
2 Florida Statutes, 1998 Supplement, are amended to read:
3 14.2015 Office of Tourism, Trade, and Economic
4 Development; creation; powers and duties.--
5 (2) The purpose of the Office of Tourism, Trade, and
6 Economic Development is to assist the Governor in working with
7 the Legislature, state agencies, business leaders, and
8 economic development professionals to formulate and implement
9 coherent and consistent policies and strategies designed to
10 provide economic opportunities for all Floridians. To
11 accomplish such purposes, the Office of Tourism, Trade, and
12 Economic Development shall:
13 (a) Contract, notwithstanding the provisions of part I
14 of chapter 287, with the direct-support organization created
15 under s. 288.1228, or a designated Florida not-for-profit
16 corporation whose board members have had prior experience in
17 promoting, throughout the state, the economic development of
18 the Florida motion picture, television, radio, video,
19 recording, and entertainment industries, to guide, stimulate,
20 and promote the entertainment industry in the state.
21 (a)(b) Contract, notwithstanding the provisions of
22 part I of chapter 287, with the direct-support organization
23 created under s. 288.1229 to guide, stimulate, and promote the
24 sports industry in the state, to promote the participation of
25 Florida's citizens in amateur athletic competition, and to
26 promote Florida as a host for national and international
27 amateur athletic competitions.
28 (b)(c) Monitor the activities of public-private
29 partnerships and state agencies in order to avoid duplication
30 and promote coordinated and consistent implementation of
31 programs in areas including, but not limited to, tourism;
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1 international trade and investment; business recruitment,
2 creation, retention, and expansion; minority and small
3 business development; and rural community development.
4 (c)(d) Facilitate the direct involvement of the
5 Governor and the Lieutenant Governor in economic development
6 projects designed to create, expand, and retain Florida
7 businesses and to recruit worldwide business.
8 (d)(e) Assist the Governor, in cooperation with
9 Enterprise Florida, Inc., and the Florida Commission on
10 Tourism, in preparing an annual report to the Legislature on
11 the state of the business climate in Florida and on the state
12 of economic development in Florida which will include the
13 identification of problems and the recommendation of
14 solutions. This report shall be submitted to the President of
15 the Senate, the Speaker of the House of Representatives, the
16 Senate Minority Leader, and the House Minority Leader by
17 January 1 of each year, and it shall be in addition to the
18 Governor's message to the Legislature under the State
19 Constitution and any other economic reports required by law.
20 (e)(f) Plan and conduct at least three meetings per
21 calendar year of leaders in business, government, and economic
22 development called by the Governor to address the business
23 climate in the state, develop a common vision for the economic
24 future of the state, and identify economic development efforts
25 to fulfill that vision.
26 (f)(g)1. Administer the Florida Enterprise Zone Act
27 under ss. 290.001-290.016, the community contribution tax
28 credit program under ss. 220.183 and 624.5105, the tax refund
29 program for qualified target industry businesses under s.
30 288.106, contracts for transportation projects under s.
31 288.063, the sports franchise facility program under s.
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1 288.1162, the professional golf hall of fame facility program
2 under s. 288.1168, the Florida Jobs Siting Act under ss.
3 403.950-403.972, the Rural Community Development Revolving
4 Loan Fund under s. 288.065, the Regional Rural Development
5 Grants Program under s. 288.018, the Certified Capital Company
6 Act under s. 288.99, the Florida State Rural Development
7 Council, and the Rural Economic Development Initiative.
8 2. The office may enter into contracts in connection
9 with the fulfillment of its duties concerning the Florida
10 First Business Bond Pool under chapter 159, tax incentives
11 under chapters 212 and 220, tax incentives under the Certified
12 Capital Company Act in chapter 288, foreign offices under
13 chapter 288, the Enterprise Zone program under chapter 290,
14 the Seaport Employment Training program under chapter 311, the
15 Florida Professional Sports Team License Plates under chapter
16 320, Spaceport Florida under chapter 331, Job Siting and
17 Expedited Permitting under chapter 403, and in carrying out
18 other functions that are specifically assigned to the office
19 by law.
20 (g)(h) Serve as contract administrator for the state
21 with respect to contracts with Enterprise Florida, Inc., the
22 Florida Commission on Tourism, and all direct-support
23 organizations under this act, excluding those relating to
24 tourism. To accomplish the provisions of this act and
25 applicable provisions of chapter 288, and notwithstanding the
26 provisions of part I of chapter 287, the office shall enter
27 into specific contracts with Enterprise Florida, Inc., the
28 Florida Commission on Tourism, and other appropriate
29 direct-support organizations. Such contracts may be multiyear
30 and shall include specific performance measures for each year.
31 The office shall provide the President of the Senate and the
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1 Speaker of the House of Representatives with a report by
2 February 1 of each year on the status of these contracts,
3 including the extent to which specific contract performance
4 measures have been met by these contractors.
5 (h) Provide administrative oversight for the Office of
6 the Film Commissioner, created under s. 288.1251, to develop,
7 promote, and provide services to the state's entertainment
8 industry and to administratively house the Florida
9 Entertainment Industry Advisory Council created under s.
10 288.1252.
11 (i) Prepare and submit as a separate budget entity a
12 unified budget request for tourism, trade, and economic
13 development in accordance with chapter 216 for, and in
14 conjunction with, Enterprise Florida, Inc., and its boards,
15 the Florida Commission on Tourism and its direct-support
16 organization, the Florida Black Business Investment Board, the
17 Office of the Film Commissioner, and the direct-support
18 organization organizations created to promote the
19 entertainment and sports industry industries.
20 (j) Promulgate rules to carry out its functions in
21 connection with the administration of the Qualified Target
22 Industry program, the Qualified Defense Contractor program,
23 the Certified Capital Company Act, the Enterprise Zone
24 program, and the Florida First Business Bond pool.
25 (7) The Office of Tourism, Trade, and Economic
26 Development shall develop performance measures, standards, and
27 sanctions for each program it administers under this act and,
28 in conjunction with the applicable entity, for each program
29 for which it contracts with another entity under this act.
30 The performance measures, standards, and sanctions shall be
31 developed in consultation with the legislative appropriations
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1 committees and the appropriate substantive committees, and are
2 subject to the review and approval process provided in s.
3 216.177. The approved performance measures, standards, and
4 sanctions shall be included and made a part of the strategic
5 plan for the Office of the Film Commissioner and of each
6 contract entered into for delivery of programs authorized by
7 this act.
8 Section 8. Sections 288.051, 288.052, 288.053,
9 288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,
10 Florida Statutes, are repealed.
11 Section 9. 21st Century Digital Television and
12 Education Task Force; membership; duties.--
13 (1) The "21st Century Digital Television and Education
14 Task Force" is created to serve through February 1, 2000. The
15 task force is created within the Office of Tourism, Trade, and
16 Economic Development, which shall provide staff support for
17 the activities of the task force. The task force shall
18 consist of the following members:
19 (a) Two members to be appointed by the Governor.
20 (b) Two members of the Senate, or their designees, to
21 be appointed by the President of the Senate.
22 (c) Two members of the House of Representatives, or
23 their designees, to be appointed by the Speaker of the House
24 of Representatives.
25 (d) The Commissioner of Education or the
26 commissioner's designee.
27 (e) The Chancellor of the State University System or
28 the chancellor's designee.
29 (f) The Executive Director of the State Community
30 College System or the executive director's designee.
31
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1 (g) The President of the Independent Colleges and
2 Universities of Florida or the president's designee.
3 (h) A representative of Enterprise Florida, Inc., with
4 knowledge on workforce development and economic development
5 issues.
6 (i) The Film Commissioner within the Office of
7 Tourism, Trade, and Economic Development.
8 (2) Each appointed member of the task force shall
9 serve at the pleasure of the appointing official. A vacancy on
10 the task force shall be filled in the same manner as the
11 original appointment.
12 (3) The task force shall elect a chair from among its
13 members. A vacancy in the chair of the task force must be
14 filled for the remainder of the unexpired term by an election
15 of the task force members.
16 (4) The task force shall meet as necessary, at the
17 call of the chair or at the call of a quorum of the task
18 force, and at the time and place designated by the chair. A
19 quorum is necessary for the purpose of conducting official
20 business of the task force. Six members of the task force
21 shall constitute a quorum. The task force shall use accepted
22 rules of procedure to conduct its meetings and shall keep a
23 complete record of each meeting.
24 (5) Members of the task force shall receive no
25 compensation for their services, but shall be entitled to
26 receive per diem and travel expenses as provided in section
27 112.061, Florida Statutes.
28 (6) The Task Force shall act as an advisory body and
29 shall make recommendations to the Governor and the Legislature
30 on a coordinated plan to carry out the legislative intent of
31 this act. The task force shall have the following duties:
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1 (a) Devise a plan to recruit the following industry
2 segments to locate in Florida:
3 1. Digital programmers and producers, including
4 companies involved in the production, marketing, and
5 development of digital content, as well as studios, networks,
6 and television stations.
7 2. Companies involved in the transmission of digital
8 media, including television broadcasters; cable and satellite
9 companies; television, theater, and film industry members;
10 Internet content providers; web site producers; and other
11 information service providers.
12 3. Digital television equipment manufacturers,
13 including makers of digital video cameras, audio equipment,
14 transmission equipment, television sets, set-top boxes and
15 related hardware, monitors, displays, tapes, and discs.
16 4. Companies involved in the research and development
17 of new and innovative digital television equipment, consumer
18 electronics, prototypes, and products.
19 (b) Investigate and recommend strong economic
20 incentives to encourage the digital industry segments
21 described in subparagraph 1. to locate and compete in Florida.
22 (c) Devise a plan to create and maintain higher
23 education opportunities for students wishing to enter the
24 digital television field. At a minimum, the plan shall
25 consider and address the following:
26 1. The extent to which higher education opportunities
27 are currently available to students in the areas of digital
28 production, transmission, manufacturing, and research and
29 development.
30 2. The workforce needs of the digital television
31 industry segments described in subparagraph 1.
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1 3. Recommendations and an operational plan for
2 creating and maintaining higher education opportunities in
3 digital television production, transmission, manufacturing,
4 and research and development.
5 4. Any other recommendations to encourage and promote
6 the development of a skilled workforce in digital broadcast
7 communications and high-definition television.
8 (d) Recommend methods to hasten the conversion of
9 existing commercial television studios and soundstages from
10 analog to digital technology.
11 (e) Recommend a means to fund the cost of converting
12 public broadcast stations from analog to digital technology,
13 including a grant program for Florida Public Television.
14 (f) Issue a report to the Legislature no later than
15 February 1, 2000, summarizing its findings, stating its
16 conclusions, and proposing its recommendations.
17 Section 10. Subsections (1) and (2) of section
18 288.1229, Florida Statutes, are amended, and subsections (8)
19 and (9) are added to that section, to read:
20 288.1229 Promotion and development of sports-related
21 industries; direct-support organization; powers and duties.--
22 (1) The Office of Tourism, Trade, and Economic
23 Development may authorize a direct-support organization to
24 assist the office in:
25 (a) The promotion and development of the sports
26 industry and related industries for the purpose of improving
27 the economic presence of these industries in Florida.
28 (b) The promotion of amateur athletic participation
29 for the citizens of Florida and the promotion of Florida as a
30 host for national and international amateur athletic
31 competitions for the purpose of encouraging and increasing the
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1 direct and ancillary economic benefits of amateur athletic
2 events and competitions.
3 (2) To be authorized as a direct-support organization,
4 an organization must:
5 (a) Be incorporated as a corporation not for profit
6 pursuant to chapter 617.
7 (b) Be governed by a board of directors, which must
8 consist of up to 15 members appointed by the Governor and up
9 to 15 members appointed by the existing board of directors.
10 In making appointments, the board must consider a potential
11 member's background in community service and sports activism
12 in, and financial support of, the sports industry,
13 professional sports, or organized amateur athletics. Members
14 must be residents of the state and highly knowledgeable about
15 or active in professional or organized amateur sports. The
16 board must contain representatives of all geographical regions
17 of the state and must represent ethnic and gender diversity.
18 The terms of office of the members shall be 4 years. No
19 member may serve more than two consecutive terms. The
20 Governor may remove any member for cause and shall fill all
21 vacancies that occur.
22 (c) Have as its purpose, as stated in its articles of
23 incorporation, to receive, hold, invest, and administer
24 property; to raise funds and receive gifts; and to promote and
25 develop the sports industry and related industries for the
26 purpose of increasing the economic presence of these
27 industries in Florida.
28 (d) Have a prior determination by the Office of
29 Tourism, Trade, and Economic Development that the organization
30 will benefit the office and act in the best interests of the
31 state as a direct-support organization to the office.
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1 (8) To promote amateur sports and physical fitness,
2 the direct-support organization shall:
3 (a) Develop, foster, and coordinate services and
4 programs for amateur sports for the people of Florida.
5 (b) Sponsor amateur sports workshops, clinics,
6 conferences, and other similar activities.
7 (c) Give recognition to outstanding developments and
8 achievements in, and contributions to, amateur sports.
9 (d) Encourage, support, and assist local governments
10 and communities in the development of or hosting of local
11 amateur athletic events and competitions.
12 (e) Promote Florida as a host for national and
13 international amateur athletic competitions. As part of this
14 effort, the direct-support organization shall:
15 1. Assist and support Florida cities or communities
16 bidding or seeking to host the Summer Olympics or Pan American
17 Games.
18 2. Annually report to the Governor, the President of
19 the Senate, and the Speaker of the House of Representatives on
20 the status of the efforts of cities or communities bidding to
21 host the Summer Olympics or Pan American Games, including, but
22 not limited to, current financial and infrastructure status,
23 projected financial and infrastructure needs, and
24 recommendations for satisfying the unmet needs and fulfilling
25 the requirements for a successful bid in any year that the
26 Summer Olympics or Pan American Games are held in this state.
27 (f) Develop a statewide program of amateur athletic
28 competition to be known as the "Sunshine State Games."
29 (g) Continue the successful amateur sports programs
30 previously conducted by the Florida Governor's Council on
31 Physical Fitness and Amateur Sports created under s. 14.22.
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1 (h) Encourage and continue the use of volunteers in
2 its amateur sports programs to the maximum extent possible.
3 (i) Develop, foster, and coordinate services and
4 programs designed to encourage the participation of Florida's
5 youth in Olympic sports activities and competitions.
6 (j) Foster and coordinate services and programs
7 designed to contribute to the physical fitness of the citizens
8 of Florida.
9 (9)(a) The Sunshine State Games shall be patterned
10 after the Summer Olympics with variations as necessitated by
11 availability of facilities, equipment, and expertise. The
12 games shall be designed to encourage the participation of
13 athletes representing a broad range of age groups, skill
14 levels, and Florida communities. Participants shall be
15 residents of this state. Regional competitions shall be held
16 throughout the state, and the top qualifiers in each sport
17 shall proceed to the final competitions to be held at a site
18 in the state with the necessary facilities and equipment for
19 conducting the competitions.
20 (b) The Executive Office of the Governor is authorized
21 to permit the use of property, facilities, and personal
22 services of or at any State University System facility or
23 institution by the direct-support organization operating the
24 Sunshine State Games. For the purposes of this paragraph,
25 personal services includes full-time or part-time personnel as
26 well as payroll processing.
27 Section 11. Paragraph (a) of subsection (6) of section
28 320.08058, Florida Statutes, 1998 Supplement, is amended to
29 read:
30 320.08058 Specialty license plates.--
31
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1 (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
2 PLATES.--
3 (a) Because the United States Olympic Committee has
4 selected this state to participate in a combined fundraising
5 program that provides for one-half of all money raised through
6 volunteer giving to stay in this state and be administered by
7 the direct-support organization established under s. 288.1229
8 Sunshine State Games Foundation to support amateur sports, and
9 because the United States Olympic Committee and the
10 direct-support organization Sunshine State Games Foundation
11 are nonprofit organizations dedicated to providing athletes
12 with support and training and preparing athletes of all ages
13 and skill levels for sports competition, and because the
14 direct-support organization Sunshine State Games Foundation
15 assists in the bidding for sports competitions that provide
16 significant impact to the economy of this state, and the
17 Legislature supports the efforts of the United States Olympic
18 Committee and the direct-support organization Florida Sunshine
19 State Games Foundation, the Legislature establishes a Florida
20 United States Olympic Committee license plate for the purpose
21 of providing a continuous funding source to support this
22 worthwhile effort. Florida United States Olympic Committee
23 license plates must contain the official United States Olympic
24 Committee logo and must bear a design and colors that are
25 approved by the department. The word "Florida" must be
26 centered at the top of the plate.
27 (b) The license plate annual use fees are to be
28 annually distributed as follows:
29 1. The first $5 million collected annually must be
30 paid to the direct-support organization Florida Governor's
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1 Council on Physical Fitness and Amateur Sports to be
2 distributed as follows:
3 a. Fifty percent must be distributed to the
4 direct-support organization to be used Sunshine State Games
5 Foundation for Florida's Sunshine State Games Olympic Sports
6 Festival for Amateur Athletes.
7 b. Fifty percent must be distributed to the United
8 States Olympic Committee.
9 2. Any additional fees must be deposited into the
10 General Revenue Fund.
11 Section 12. Any funds or property held in trust by the
12 Sunshine State Games Foundation, Inc., and the Florida
13 Governor's Council on Physical Fitness and Amateur Sports
14 shall revert to the direct-support organization, created under
15 section 288.1229, Florida Statutes, upon expiration or
16 cancellation of the contract with the Sunshine State Games
17 Foundation, Inc., and the Florida Governor's Council on
18 Physical Fitness and Amateur Sports, to be used for the
19 promotion of amateur sports in Florida.
20 Section 13. Section 14.22, Florida Statutes, is
21 repealed.
22 Section 14. This act shall take effect July 1, 1999.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bills 2152 and 1930
3
4 This committee substitute differs substantially from SB's 2152
and 1930 in that CS/SB's 2152 and 1930:
5
Changes the name of the Florida Film Advisory Council to
6 the Florida Entertainment Industry Advisory Council.
Requires that the Film Commissioner, and representatives
7 of Enterprise Florida, Inc., and the Florida Tourism
Industry Marketing Corporation serve as ex-officio,
8 non-voting members of the Florida Entertainment Industry
Advisory Council. Provides that the Florida
9 Entertainment Industry Advisory Council have
representatives from the broadcast industry, studios and
10 networks.
11 Expands the definition of the term "entertainment
industry," as it applies to the Office of the Film
12 Commissioner and the Florida Entertainment Industry
Advisory Council, to include persons or entities
13 providing products or services directly related to
certain preproduction, production, or postproduction
14 activities, including, but not limited to, the broadcast
industry.
15
Requires that OTTED hire the Film Commissioner under a
16 performance-based contract.
17 Provides that the Office of the Film Commissioner assist
rural and small communities develop the expertise and
18 capacity necessary for such communities to develop,
market, promote, and provide services to the state's
19 entertainment industry.
20 Provides that members of the executive branch limit
certain travel and entertainment expenses to those
21 expenses incurred solely and exclusively in connection
with the performance of the Office of the Film
22 Commissioner's statutory duties.
23 Provides for the formation of a 12-member task force to
be called the "21st Century Digital Television and
24 Education Task Force" to be administered under OTTED.
The task force is directed to, among other things,
25 devise a plan to recruit certain digital industries to
locate in Florida; devise a plan to create and maintain
26 higher education opportunities for students interested
in the digital television field; and recommend methods
27 to hasten the conversion of existing production
facilities to digital technology.
28
Authorizes the Florida Sports Foundation to absorb many
29 of the duties currently assigned to the Governor's
Council on Physical Fitness and Amateur Sports,
30 including promotion of physical fitness, amateur sports,
and Florida as a venue for national and international
31 amateur sports competitions. The committee substitute
transfers from the council to the foundation the
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1 administration of the funds collected from the sale of
Olympic license plates under s. 320.08058, F.S., 1998
2 Supplement, the administration of the Sunshine State
Games, and provides for the transfer of all funds and
3 property held by the council and the Sunshine State
Games Foundation, Inc., to the Florida Sports
4 Foundation.
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