Senate Bill 2376
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
By Senator Silver
38-890-99 See HB 985
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 "entertainment industry"; creating s. 288.1251,
6 F.S.; creating the Office of the Film
7 Commissioner; providing procedure for selection
8 of the Film Commissioner; providing powers and
9 duties of the office; creating s. 288.1252,
10 F.S.; creating the Florida Film Advisory
11 Council within the Office of Tourism, Trade,
12 and Economic Development of the Executive
13 Office of the Governor; providing purpose,
14 membership, terms, organization, powers, and
15 duties of the council; creating s. 288.1253,
16 F.S.; providing definitions; requiring the
17 Office of Tourism, Trade, and Economic
18 Development to adopt rules by which it may make
19 specified expenditures for expenses incurred in
20 connection with the performance of the duties
21 of the Office of the Film Commissioner;
22 requiring approval of such rules by the
23 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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 of Tourism, Trade, and Economic Development of
2 the Executive Office of the Governor; amending
3 ss. 288.108, 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 Investment
15 Trust Fund; repealing s. 288.056, F.S.,
16 relating to conditions for film and television
17 investment by the board; repealing s. 288.057,
18 F.S., requiring an annual report by the board;
19 repealing s. 288.1228, F.S., relating to the
20 direct-support organization authorized by the
21 Office of Tourism, Trade, and Economic
22 Development to assist in the promotion and
23 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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
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, "entertainment industry" means
5 those persons or entities engaged in the operation of motion
6 picture or television studios or recording studios, or those
7 persons or entities engaged in the preproduction, production,
8 or postproduction of motion pictures, made-for-TV motion
9 pictures, television series, commercial advertising, music
10 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 hereby created within the Office of
18 Tourism, Trade, and Economic Development the Office of the
19 Film 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 shall
28 include, but not be limited to, the Film Commissioner having
29 the following:
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 1. A working knowledge of the equipment, personnel,
2 financial, and day-to-day production operations of the
3 industries to be served by the office;
4 2. Marketing and promotion experience related to the
5 industries to be served by the office;
6 3. Experience working with a variety of individuals
7 representing large and small entertainment-related businesses,
8 industry associations, local community entertainment industry
9 liaisons, and labor organizations; and
10 4. Experience working with a variety of state and
11 local governmental agencies.
12 (2) POWERS AND DUTIES.--
13 (a) The Office of the Film Commissioner, in
14 performance of its duties, shall:
15 1. In consultation with the Florida Film Advisory
16 Council, develop and implement a 5-year strategic plan to
17 guide the activities of the Office of the Film Commissioner in
18 the areas of entertainment industry development, marketing,
19 promotion, liaison services, field office administration, and
20 information. The plan, to be developed by no later than June
21 30, 2000, shall:
22 a. Be annual in construction and ongoing in nature.
23 b. Include recommendations relating to the
24 organizational structure of the office.
25 c. Include an annual budget projection for the office
26 for each year of the plan.
27 d. Include an operational model for the office to use
28 in implementing programs for rural and urban areas designed
29 to:
30 (I) Develop and promote the state's entertainment
31 industry.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 (II) Have the office serve as a liaison between the
2 entertainment industry and other state and local governmental
3 agencies, local film commissions, and labor organizations.
4 (III) Gather statistical information related to the
5 state's entertainment industry.
6 (IV) Provide information and service to businesses,
7 communities, organizations and individuals engaged in
8 entertainment industry activities.
9 (V) Administer field offices outside the state and
10 coordinate with regional offices maintained by counties and
11 regions of the state, as described in sub-sub-subparagraph
12 (II) above, as necessary.
13 e. Include performance standards and measurable
14 outcomes for the programs to be implemented by the office.
15 f. Include an assessment of, and make recommendations
16 on, the feasibility of creating an alternative public private
17 partnership for the purpose of contracting with such a
18 partnership for the administration of the state's
19 entertainment industry promotion, development, marketing, and
20 industry service programs.
21 2. Develop, market, and facilitate a smooth working
22 relationship between state agencies and local governments in
23 cooperation with local film commission offices for
24 out-of-state and indigenous entertainment industry production
25 entities.
26 3. Implement a structured methodology prescribed for
27 coordinating activities of local offices with each other and
28 the commissioner's office.
29 4. Represent the state's indigenous entertainment
30 industry to key decisionmakers within the national and
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 international entertainment industry, and to state and local
2 officials.
3 5. Prepare an inventory and analysis of the state's
4 entertainment industry, including, but not limited to,
5 information on crew, related businesses, support services, job
6 creation, talent, and economic impact and coordinate with
7 local offices to develop an information tool for common use.
8 6. Represent key decisionmakers within the national
9 and international entertainment industry to the indigenous
10 entertainment industry and to state and local officials.
11 7. Serve as liaison between entertainment industry
12 producers and labor organizations.
13 8. Identify, solicit, and recruit entertainment
14 production opportunities for the state.
15 (b) The Office of the Film Commissioner, in the
16 performance of its duties, may:
17 1. Conduct or contract for specific promotion and
18 marketing functions, including, but not limited to, production
19 of a statewide directory, production and maintenance of an
20 Internet web site, establishment and maintenance of a
21 toll-free number, organization of trade show participation,
22 and appropriate cooperative marketing opportunities.
23 2. Conduct its affairs, carry on its operations,
24 establish offices, and exercise the powers granted by this act
25 in any state, territory, district, or possession of the United
26 States.
27 3. Carry out any program of information, special
28 events, or publicity designed to attract entertainment
29 industry to Florida.
30 4. Develop relationships and leverage resources with
31 other public and private organizations or groups in their
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 efforts to publicize to the entertainment industry in this
2 state, other states, and other countries the depth of
3 Florida's entertainment industry talent, crew, production
4 companies, production equipment resources, related businesses,
5 and support services, including the establishment of and
6 expenditure for a program of cooperative advertising with
7 these public and private organizations and groups in
8 accordance with the provisions of chapter 120.
9 5. Provide and arrange for reasonable and necessary
10 promotional items and services for such persons as the office
11 deems proper in connection with the performance of the
12 promotional and other duties of the office.
13 6. Prepare an annual economic impact analysis on
14 entertainment industry-related activities in the state.
15 Section 3. Section 288.1252, Florida Statutes, is
16 created to read:
17 288.1252 Florida Film Advisory Council; creation;
18 purpose; membership; powers and duties.--
19 (1) CREATION.--There is hereby created within the
20 Office of Tourism, Trade, and Economic Development of the
21 Executive Office of the Governor, for administrative purposes
22 only, the Florida Film Advisory Council.
23 (2) PURPOSE.--The purpose of the council shall be to
24 serve as an advisory body to the Office of Tourism, Trade, and
25 Economic Development and to the Office of the Film
26 Commissioner to provide these offices with industry insight
27 and expertise related to developing, marketing, promoting, and
28 providing service to the state's entertainment industry.
29 (3) MEMBERSHIP.--
30 (a) The council shall consist of 17 members, seven to
31 be appointed by the Governor, five to be appointed by the
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 President of the Senate, and five to be appointed by the
2 Speaker of the House of Representatives, with the initial
3 appointments being made no later than July 1, 1999.
4 (b) When making appointments to the council, the
5 Governor, the President of the Senate, and the Speaker of the
6 House of Representatives shall appoint persons who are
7 residents of the state and who are highly knowledgeable of,
8 active in, and recognized leaders in Florida's motion picture,
9 television, video, sound recording, or other entertainment
10 industries. These persons shall include, but not be limited
11 to, representatives of local film commissions, representatives
12 of entertainment associations, representatives of labor
13 organizations in the entertainment industry, and board chairs,
14 presidents, chief executive officers, chief operating
15 officers, or persons of comparable executive position or
16 stature of leading or otherwise important entertainment
17 industry businesses and offices. Council members shall be
18 appointed in such a manner as to equitably represent the
19 broadest spectrum of the entertainment industry and geographic
20 areas of the state.
21 (c) Council members shall serve for 4-year terms,
22 except that the initial terms shall be staggered:
23 1. The Governor shall appoint one member for a 1-year
24 term, two members for 2-year terms, two members for 3-year
25 terms, and two members for 4-year terms.
26 2. The President of the Senate shall appoint one
27 member for a 1-year term, one member for a 2-year term, two
28 members for 3-year terms, and one member for a 4-year term.
29 3. The Speaker of the House of Representatives shall
30 appoint one member for a 1-year term, one member for a 2-year
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 term, two members for 3-year terms, and one member for a
2 4-year term.
3 (d) Subsequent appointments shall be made by the
4 official who appointed the council member whose expired term
5 is to be filled.
6 (e) The Film Commissioner shall serve as an ex officio
7 member of the council.
8 (f) Absence from three consecutive meetings shall
9 result in automatic removal from the council.
10 (g) A vacancy on the council shall be filled for the
11 remainder of the unexpired term by the official who appointed
12 the vacating member.
13 (h) No more than one member of the council may be an
14 employee of any one company, organization, or association.
15 (i) Any member shall be eligible for reappointment but
16 may not serve more than two consecutive terms.
17 (4) MEETINGS; ORGANIZATION.--
18 (a) The council shall meet no less frequently than
19 once each quarter of the calendar year, but may meet more
20 often as set by the council.
21 (b) The council shall annually elect one member to
22 serve as chair of the council and one member to serve as vice
23 chair. The Office of the Film Commissioner shall provide
24 staff assistance to the council, which shall include, but not
25 be limited to, keeping records of the proceedings of the
26 council, and serving as custodian of all books, documents, and
27 papers filed with the council.
28 (c) A majority of the members of the council shall
29 constitute a quorum.
30 (d) Members of the council shall serve without
31 compensation, but shall be entitled to reimbursement for per
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 diem and travel expenses in accordance with s. 112.061 while
2 in performance of their duties.
3 (5) POWERS AND DUTIES.--The Florida Film Advisory
4 Council shall have all the powers necessary or convenient to
5 carry out and effectuate the purposes and provisions of this
6 act, including, but not limited to, the power to:
7 (a) Adopt bylaws for the governance of its affairs and
8 the conduct of its business.
9 (b) Advise and consult with the Office of the Film
10 Commissioner on the content, development, and implementation
11 of the 5-year strategic plan to guide the activities of the
12 office.
13 (c) Review the Film Commissioner's administration of
14 the programs related to the strategic plan, and advise the
15 Commissioner on the programs and any changes that might be
16 made to better meet the strategic plan.
17 (d) Consider and study the needs of the entertainment
18 industry for the purpose of advising the commissioner and the
19 Office of Tourism, Trade, and Economic Development.
20 (e) Identify and make recommendations on state agency
21 and local government actions that may have an impact on the
22 entertainment industry or that may appear to industry
23 representatives as an official state or local action affecting
24 production in the state.
25 (f) Consider all matters submitted to it by the
26 commissioner and the Office of Tourism, Trade and Economic
27 Development.
28 (g) Advise and consult with the commissioner and the
29 Office of Tourism, Trade and Economic Development, at their
30 request or upon its own initiative, regarding the
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 promulgation, administration, and enforcement of all laws and
2 rules relating to the entertainment industry.
3 (h) Suggest policies and practices for the conduct of
4 business by the Office of the Film Commissioner or by the
5 Office of Tourism, Trade and Economic Development that will
6 improve internal operations affecting the entertainment
7 industry and will enhance the economic development initiatives
8 of the state for the industry.
9 (i) Appear on its own behalf before boards,
10 commissions, departments, or other agencies of municipal,
11 county or state government, or the Federal Government.
12 Section 4. Section 288.1253, Florida Statutes, is
13 created to read:
14 288.1253 Travel and entertainment expenses.--
15 (1) As used in this section:
16 (a) "Business client" means any person, other than a
17 state official or state employee, who receives the services of
18 representatives of the Office of the Film Commissioner in
19 connection with the performance of its statutory duties,
20 including persons or representatives of entertainment industry
21 companies considering location, relocation, or expansion of an
22 entertainment industry business within the state.
23 (b) "Entertainment expenses" means the actual,
24 necessary, and reasonable costs of providing hospitality for
25 business clients or guests, which costs are defined and
26 prescribed by rules adopted by the Office of Tourism, Trade,
27 and Economic Development, subject to approval by the
28 Comptroller.
29 (c) "Guest" means a person, other than a state
30 official or state employee, authorized by the Office of
31 Tourism, Trade, and Economic Development to receive the
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 hospitality of the Office of the Film Commissioner in
2 connection with the performance of its statutory duties.
3 (d) "Travel expenses" means the actual, necessary, and
4 reasonable costs of transportation, meals, lodging, and
5 incidental expenses normally incurred by a traveler, which
6 costs are defined and prescribed by rules adopted by the
7 Office of Tourism, Trade, and Economic Development, subject to
8 approval by the Comptroller.
9 (2) Notwithstanding the provisions of s. 112.061, the
10 Office of Tourism, Trade, and Economic Development shall adopt
11 rules by which it may make expenditures by advancement or
12 reimbursement, or a combination thereof, to:
13 (a) State officers and state employees for travel
14 expenses or entertainment expenses incurred by such officers
15 and employees in connection with the performance of the
16 statutory duties of the Office of the Film Commissioner.
17 (b) State officers and state employees for travel
18 expenses or entertainment expenses incurred by such officers
19 and employees on behalf of guests, business clients, or
20 authorized persons as defined in s. 112.061(2)(e) in
21 connection with the performance of the statutory duties of the
22 Office of the Film Commissioner.
23 (c) Third party vendors for the travel or
24 entertainment expenses of guests, business clients, or
25 authorized persons as defined in s. 112.061(2)(e) incurred
26 while such persons are participating in activities or events
27 carried out by the Office of the Film Commissioner in
28 connection with that office's statutory duties.
29
30 The rules shall be subject to approval by the Comptroller
31 prior to promulgation. The rules shall require the submission
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
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.
26 (4) The Office of the Film Commissioner and its
27 employees and representatives, when authorized, may accept and
28 use complimentary travel, accommodations, meeting space,
29 meals, equipment, transportation, and any other goods or
30 services necessary for or beneficial to the performance of the
31 office's duties and purposes, so long as such acceptance or
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 use is not in conflict with part III of chapter 112. The
2 Office of Tourism, Trade, and Economic Development shall, by
3 rule, develop internal controls to ensure that such goods or
4 services accepted or used pursuant to this subsection are
5 limited to those which will assist in the furtherance of the
6 office's goals and are in compliance with part III of chapter
7 112.
8 (5) Any claim submitted under this section shall not
9 be required to be sworn to before a notary public or other
10 officer authorized to administer oaths, but any claim
11 authorized or required to be made under any provision of this
12 section shall contain a statement that the expenses were
13 actually incurred as necessary travel or entertainment
14 expenses in the performance of official duties of the Office
15 of the Film Commissioner and shall be verified by written
16 declaration that it is true and correct as to every material
17 matter. Any person who willfully makes and subscribes to any
18 claim which he or she does not believe to be true and correct
19 as to every material matter or who willfully aids or assists
20 in, procures, or counsels or advises with respect to, the
21 preparation or presentation of a claim pursuant to this
22 section that is fraudulent or false as to any material matter,
23 whether or not such falsity or fraud is with the knowledge or
24 consent of the person authorized or required to present the
25 claim, is guilty of a misdemeanor of the second degree,
26 punishable as provided in s. 775.082 or s. 775.083. Whoever
27 receives an advancement or reimbursement by means of a false
28 claim is civilly liable, in the amount of the overpayment, for
29 the reimbursement of the public fund from which the claim was
30 paid.
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 Section 5. 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.
25 (b)(c) Monitor the activities of public-private
26 partnerships and state agencies in order to avoid duplication
27 and promote coordinated and consistent implementation of
28 programs in areas including, but not limited to, tourism;
29 international trade and investment; business recruitment,
30 creation, retention, and expansion; minority and small
31 business development; and rural community development.
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 (c)(d) Facilitate the direct involvement of the
2 Governor and the Lieutenant Governor in economic development
3 projects designed to create, expand, and retain Florida
4 businesses and to recruit worldwide business.
5 (d)(e) Assist the Governor, in cooperation with
6 Enterprise Florida, Inc., and the Florida Commission on
7 Tourism, in preparing an annual report to the Legislature on
8 the state of the business climate in Florida and on the state
9 of economic development in Florida which will include the
10 identification of problems and the recommendation of
11 solutions. This report shall be submitted to the President of
12 the Senate, the Speaker of the House of Representatives, the
13 Senate Minority Leader, and the House Minority Leader by
14 January 1 of each year, and it shall be in addition to the
15 Governor's message to the Legislature under the State
16 Constitution and any other economic reports required by law.
17 (e)(f) Plan and conduct at least three meetings per
18 calendar year of leaders in business, government, and economic
19 development called by the Governor to address the business
20 climate in the state, develop a common vision for the economic
21 future of the state, and identify economic development efforts
22 to fulfill that vision.
23 (f)(g)1. Administer the Florida Enterprise Zone Act
24 under ss. 290.001-290.016, the community contribution tax
25 credit program under ss. 220.183 and 624.5105, the tax refund
26 program for qualified target industry businesses under s.
27 288.106, contracts for transportation projects under s.
28 288.063, the sports franchise facility program under s.
29 288.1162, the professional golf hall of fame facility program
30 under s. 288.1168, the Florida Jobs Siting Act under ss.
31 403.950-403.972, the Rural Community Development Revolving
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 Loan Fund under s. 288.065, the Regional Rural Development
2 Grants Program under s. 288.018, the Certified Capital Company
3 Act under s. 288.99, the Florida State Rural Development
4 Council, and the Rural Economic Development Initiative.
5 2. The office may enter into contracts in connection
6 with the fulfillment of its duties concerning the Florida
7 First Business Bond Pool under chapter 159, tax incentives
8 under chapters 212 and 220, tax incentives under the Certified
9 Capital Company Act in chapter 288, foreign offices under
10 chapter 288, the Enterprise Zone program under chapter 290,
11 the Seaport Employment Training program under chapter 311, the
12 Florida Professional Sports Team License Plates under chapter
13 320, Spaceport Florida under chapter 331, Job Siting and
14 Expedited Permitting under chapter 403, and in carrying out
15 other functions that are specifically assigned to the office
16 by law.
17 (g)(h) Serve as contract administrator for the state
18 with respect to contracts with Enterprise Florida, Inc., the
19 Florida Commission on Tourism, and all direct-support
20 organizations under this act, excluding those relating to
21 tourism. To accomplish the provisions of this act and
22 applicable provisions of chapter 288, and notwithstanding the
23 provisions of part I of chapter 287, the office shall enter
24 into specific contracts with Enterprise Florida, Inc., the
25 Florida Commission on Tourism, and other appropriate
26 direct-support organizations. Such contracts may be multiyear
27 and shall include specific performance measures for each year.
28 The office shall provide the President of the Senate and the
29 Speaker of the House of Representatives with a report by
30 February 1 of each year on the status of these contracts,
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 including the extent to which specific contract performance
2 measures have been met by these contractors.
3 (h) Provide administrative oversight for the Office of
4 the Film Commissioner, created under s. 288.1251, to develop,
5 promote, and provide services to the state's entertainment
6 industry and to administratively house the Florida Film
7 Advisory Council created under s. 288.1252.
8 (i) Prepare and submit as a separate budget entity a
9 unified budget request for tourism, trade, and economic
10 development in accordance with chapter 216 for, and in
11 conjunction with, Enterprise Florida, Inc., and its boards,
12 the Florida Commission on Tourism and its direct-support
13 organization, the Florida Black Business Investment Board, the
14 Office of the Film Commissioner, and the direct-support
15 organization organizations created to promote the
16 entertainment and sports industry industries.
17 (j) Promulgate rules to carry out its functions in
18 connection with the administration of the Qualified Target
19 Industry program, the Qualified Defense Contractor program,
20 the Certified Capital Company Act, the Enterprise Zone
21 program, and the Florida First Business Bond pool.
22 (7) The Office of Tourism, Trade, and Economic
23 Development shall develop performance measures, standards, and
24 sanctions for each program it administers under this act and,
25 in conjunction with the applicable entity, for each program
26 for which it contracts with another entity under this act.
27 The performance measures, standards, and sanctions shall be
28 developed in consultation with the legislative appropriations
29 committees and the appropriate substantive committees, and are
30 subject to the review and approval process provided in s.
31 216.177. The approved performance measures, standards, and
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
1 sanctions shall be included and made a part of the strategic
2 plan for the Office of the Film Commissioner and each contract
3 entered into for delivery of programs authorized by this act.
4 Section 6. Paragraph (e) of subsection (6) of section
5 288.108, Florida Statutes, is amended to read:
6 288.108 High-impact business.--
7 (6) SELECTION AND DESIGNATION OF HIGH-IMPACT
8 SECTORS.--
9 (e) The study and its findings and recommendations and
10 the recommendations gathered from the sector-business network
11 must be discussed and considered during at least one of the
12 quarterly meetings required in s. 14.2015(2)(g)(h).
13 Section 7. Subsection (7) of section 288.90152,
14 Florida Statutes, is amended to read:
15 288.90152 Pilot matching grant program.--
16 (7) Upon completing all training funded under this
17 pilot program, the Office of Tourism, Trade, and Economic
18 Development shall report on the outputs and outcomes for this
19 program as part of the annual report prepared under s.
20 14.2015(2)(f)(g). Such report must include a recommendation on
21 whether it would be sound public policy to continue or
22 discontinue funding for the program.
23 Section 8. Sections 288.051, 288.052, 288.053,
24 288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,
25 Florida Statutes, are repealed.
26 Section 9. This act shall take effect upon becoming a
27 law.
28
29
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 2376
38-890-99 See HB 985
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
27
28
29
30
31
20