House Bill 0579e1
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HB 579, First Engrossed
1 A bill to be entitled
2 An act relating to tourism; amending s.
3 288.1221, F.S.; revising legislative intent;
4 amending s. 288.1222, F.S.; clarifying a
5 definition; amending s. 288.1223, F.S.;
6 specifying application of a limitation on terms
7 of certain members of the Florida Commission on
8 Tourism; clarifying meeting and vice chair
9 election provisions; amending s. 288.1224,
10 F.S.; deleting obsolete provisions; specifying
11 categories of matching private funds for
12 certain purposes; specifying staff support for
13 the Florida Commission on Tourism; providing
14 for responsibilities of staff; prohibiting the
15 commission from employing staff; deleting
16 provisions relating to an advisory committee
17 for the commission; amending s. 288.1226, F.S.;
18 requiring the Florida Tourism Industry
19 Marketing Corporation to provide staff support
20 to the Florida Commission on Tourism;
21 specifying that the president and chief
22 executive officer shall serve without
23 compensation as executive director; renumbering
24 and amending s. 335.166, F.S.; removing the
25 Welcome Center Office from the Department of
26 Transportation; transferring administrative and
27 fiscal responsibility for welcome center staff
28 from the Department of Transportation to the
29 Florida Commission on Tourism for employment
30 through the Florida Tourism Industry Marketing
31 Corporation by a designated time; requiring the
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HB 579, First Engrossed
1 corporation to administer and operate welcome
2 centers; providing for maintenance and
3 improvements to welcome centers; repealing s.
4 335.165, F.S., relating to welcome stations and
5 the payment for improvements by the Department
6 of Commerce; providing for the transfer of
7 welcome center tangible personal property to
8 the Florida Commission on Tourism; providing
9 effective dates.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (1) of section 288.1221, Florida
14 Statutes, is amended to read:
15 288.1221 Legislative intent.--
16 (1) It is the intent of the Legislature to establish a
17 public-private partnership to provide policy direction to and
18 technical expertise in the promotion and marketing of the
19 state's tourism attributes. The Legislature further intends to
20 authorize this partnership to recommend the tenets of an
21 industry standard 4-year 5-year marketing plan for an annual
22 marketing plan for tourism promotion and recommend a
23 comparable organizational structure to carry out such a plan.
24 The Legislature intends to have such a plan funded by that
25 portion of the rental car surcharge annually dedicated to the
26 Tourism Promotional Trust Fund, pursuant to s. 212.0606, and
27 by the tourism industry. The Legislature intends that the
28 exercise of this authority by the public-private partnership
29 shall take into consideration the recommendations made to the
30 1992 Legislature in the report submitted by the Florida
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HB 579, First Engrossed
1 Tourism Commission created pursuant to chapter 91-31, Laws of
2 Florida.
3 Section 2. Subsection (2) of section 288.1222, Florida
4 Statutes, is amended to read:
5 288.1222 Definitions.--For the purposes of ss.
6 288.017, 288.121-288.1226, and 288.124, the term:
7 (2) "Tourist" means any person who participates in
8 trade or recreation activities outside the county country of
9 his or her permanent residence or who rents or leases
10 transient living quarters or accommodations as described in s.
11 125.0104(3)(a).
12 Section 3. Paragraphs (e), (f), and (g) of subsection
13 (2) of section 288.1223, Florida Statutes, are amended to
14 read:
15 288.1223 Florida Commission on Tourism; creation;
16 purpose; membership.--
17 (2)
18 (e) General tourism-industry-related members shall be
19 limited to two 4-year full consecutive terms. This limitation
20 applies to terms begun after June 30, 1996.
21 (f) The commission shall hold its first meeting no
22 later than September 1992 and must meet at least quarterly. A
23 majority of the members shall constitute a quorum for the
24 purpose of conducting business.
25 (g) The Governor shall serve as chair of the
26 commission. The commission shall annually biennially elect one
27 of its tourism-industry-related members as vice chair, who
28 shall preside in the absence of the chair.
29 Section 4. Paragraphs (a), (c), and (d) of subsection
30 (4) and subsection (11) of section 288.1224, Florida Statutes,
31 are amended to read:
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HB 579, First Engrossed
1 288.1224 Powers and duties.--The commission:
2 (4)(a) Shall, no later than December 31, 1996,
3 recommend the tenets of a 4-year marketing plan to sustain
4 tourism growth, which plan shall be annual in construction and
5 ongoing in nature. The initial plan shall use as its model
6 the marketing plan recommended by the Florida Tourism
7 Commission, created pursuant to chapter 91-31, Laws of
8 Florida, and presented to the Legislature. Any annual
9 revisions of such a plan shall carry forward the concepts of
10 the remaining 3-year portion of that plan and consider a
11 continuum portion to preserve the 4-year timeframe of the
12 plan. Such plan shall be submitted to the President of the
13 Senate, the Speaker of the House of Representatives, the
14 Senate Minority Leader, and the House Minority Leader no later
15 than January 1, 1997.
16 (c) The plan shall include provisions for the
17 direct-support organization to reach the targeted one-to-one
18 match of private to public contributions within a period of 4
19 calendar years after the implementation date of the plan. For
20 the purposes of calculating the required one-to-one match,
21 matching private funds shall be divided into four categories.
22 The first category is direct cash contributions, which
23 include, but are not limited to, cash derived from strategic
24 alliances, contributions of stocks and bonds, and partnership
25 contributions. The second category is fees for services, which
26 include, but are not limited to, event participation,
27 research, and brochure placement and transparencies. The
28 third category is co-operative advertising, which is the value
29 based on cost of contributed productions, air time, and print
30 space. The fourth category is in-kind contributions, which
31 include, but are not limited to, the value of strategic
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HB 579, First Engrossed
1 alliance services contributed, the value of loaned employees,
2 discounted service fees, items contributed for use in
3 promotions, and radio or television air time or print space
4 for promotions. The value of air time or print space shall be
5 calculated by taking the actual time or space and multiplying
6 by the nonnegotiated unit price for that specific time or
7 space which is known as the media equivalency value. In order
8 to avoid duplication in determining media equivalency value,
9 only the value of the promotion itself shall be included; the
10 value of the items contributed for the promotion shall not be
11 included. Documentation for the components of the four
12 categories of private match shall be kept on file for
13 inspection as determined necessary.
14 (d) The plan shall include recommendations regarding
15 specific performance standards and measurable outcomes. By
16 July 1, 1997, the Florida Commission on Tourism, in
17 consultation with the Office of Program Policy Analysis and
18 Government Accountability, shall establish performance-measure
19 outcomes for the commission and its direct-support
20 organization. The commission, in consultation with the Office
21 of Program Policy Analysis and Government Accountability,
22 shall develop a plan for monitoring its operations to ensure
23 that performance data are maintained and supported by records
24 of the organization.
25 (11) Shall receive staff support from the Florida
26 Tourism Industry Marketing Corporation and shall not employ
27 any additional staff. The president and chief executive
28 officer of the Florida Tourism Industry Marketing Corporation
29 shall serve without compensation as the executive director of
30 the commission. As executive director, he or she shall have
31 the authority to conduct any official business of the
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HB 579, First Engrossed
1 commission, as authorized by the commission. Shall create an
2 advisory committee of the commission which shall be charged
3 with developing a regionally based plan to protect and promote
4 all of the natural, coastal, historical, cultural, and
5 commercial tourism assets of this state.
6 (a) Members of the advisory committee shall be
7 appointed by the chair of the commission and shall include
8 representatives of the commission, the Departments of
9 Agriculture, Environmental Protection, Community Affairs,
10 Transportation, and State, the Florida Greenways Coordinating
11 Council, the Florida Game and Freshwater Fish Commission, and,
12 as deemed appropriate by the chair of the commission,
13 representatives from other federal, state, regional, local,
14 and private sector associations representing environmental,
15 historical, cultural, recreational, and tourism-related
16 activities.
17 (b) The advisory committee shall submit its plan to
18 the commission by December 1, 1997.
19 (c) The commission shall review and make
20 recommendations on the plan, including recommending any
21 legislation considered necessary for implementing the plan, to
22 the Legislature by January 1, 1998.
23 Section 5. Paragraphs (h) through (n) of subsection
24 (5) of section 288.1226, Florida Statutes, are renumbered as
25 subsections (i) through (o), respectively, and a new paragraph
26 (h) is added to said subsection to read:
27 288.1226 Florida Tourism Industry Marketing
28 Corporation; use of property; board of directors; duties;
29 audit.--
30 (5) POWERS AND DUTIES.--The corporation, in the
31 performance of its duties:
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HB 579, First Engrossed
1 (h) Shall provide staff support to the Florida
2 Commission on Tourism. The president and chief executive
3 officer of the Florida Tourism Industry Marketing Corporation
4 shall serve without compensation as the executive director of
5 the commission.
6 Section 6. Effective July 1, 1999, section 335.166,
7 Florida Statutes, is renumbered as section 288.12265, Florida
8 Statutes, and amended to read:
9 288.12265 335.166 Welcome Centers Office.--
10 (1) Responsibility for the welcome centers Office is
11 assigned to the Florida Commission on Tourism which shall
12 contract with the commission's direct-support organization to
13 employ all welcome center staff. On or before June 30, 1999,
14 all welcome center staff shall be offered employment through
15 the direct-support organization at the same salary such staff
16 received through the Department of Transportation, prior to
17 July 1, 1999, but with the same benefits provided by the
18 direct-support organization to the organization's employees.
19 Welcome center employees shall have until January 1, 2000, to
20 choose to be employed by the direct-support organization or to
21 remain employed by the state. Those employees who choose to
22 remain employed by the state may continue to be assigned by
23 the Department of Transportation to the welcome centers until
24 June 30, 2001. Upon vacating a career service position by a
25 career service employee, the position shall be abolished. The
26 agreement between the Department of Transportation and the
27 Florida Commission on Tourism concerning the funding of
28 positions in the welcome centers shall continue until all
29 welcome center employees are employed by the direct-support
30 organization, or until those employees choosing to remain
31 employed by the state have found other state employment, or
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HB 579, First Engrossed
1 until June 30, 2001, whichever occurs first Department of
2 Transportation for administrative and fiscal accountability
3 purposes, but it shall otherwise function independently of the
4 control, supervision, and direction of the Department of
5 Transportation.
6 (2) The Florida Commission on Tourism, through its
7 direct support organization, shall administer and operate the
8 welcome centers. Pursuant to a contract with the Department
9 of Transportation, the Commission shall be responsible for
10 routine repair, replacement or improvement and the day to day
11 management of interior areas occupied by the welcome
12 centers. All other repairs, replacements or improvements to
13 the welcome centers shall be the responsibility of the
14 Department of Transportation shall provide direction for the
15 administration of the Welcome Centers Office and direction for
16 the operation of the welcome centers. Funding for the office
17 shall be solely from the rental car surcharge provided to the
18 Tourism Promotional Trust Fund pursuant to s. 212.0606(2),
19 through a nonoperating transfer to the State Transportation
20 Trust Fund or contract with the commission or the commission's
21 direct-support organization.
22 Section 7. Section 335.165, Florida Statutes, is
23 repealed.
24 Section 8. The welcome center tangible personal
25 property transferred to the Department of Transportation
26 pursuant to section 4 of chapter 96-320, Laws of Florida, is
27 hereby transferred to the Florida Commission on Tourism.
28 Section 9. Except as otherwise provided herein, this
29 act shall take effect upon becoming a law.
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