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





                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Starks offered the following:

12

13         Amendment to Senate Amendment (570956) (with title

14  amendment) 

15         On page 2, line 13 through page 28, line 29

16  remove from the amendment:  All of said lines

17

18  and insert in lieu thereof:  motion picture or television

19  studios or recording studios, or those persons or entities

20  engaged in the preproduction, production, or postproduction of

21  motion pictures, made-for-TV motion pictures, television

22  series, commercial advertising, music videos, or sound

23  recordings.

24         Section 4.  Section 288.1251, Florida Statutes, is

25  created to read:

26         288.1251  Promotion and development of entertainment

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

28  powers and duties.--

29         (1)  CREATION.--

30         (a)  There is hereby created within the Office of

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

                                  1

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  Film Commissioner for the purpose of developing, marketing,

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

 3  industry.

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

 5  Development shall conduct a national search for a qualified

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

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

 8  Economic Development shall hire the Film Commissioner.

 9  Guidelines for selection of the Film Commissioner shall

10  include, but not be limited to, the Film Commissioner having

11  the following:

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         (2)  POWERS AND DUTIES.--

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

25  performance of its duties, shall:

26         1.  In consultation with the Florida Film Advisory

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

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

29  the areas of entertainment industry development, marketing,

30  promotion, liaison services, field office administration, and

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

                                  2

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  30, 2000, shall:

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

 3         b.  Include recommendations relating to the

 4  organizational structure of the office.

 5         c.  Include an annual budget projection for the office

 6  for each year of the plan.

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

 8  in implementing programs for rural and urban areas designed

 9  to:

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

11  industry.

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

13  entertainment industry and other state and local governmental

14  agencies, local film commissions, and labor organizations.

15         (III)  Gather statistical information related to the

16  state's entertainment industry.

17         (IV)  Provide information and service to businesses,

18  communities, organizations and individuals engaged in

19  entertainment industry activities.

20         (V)  Administer field offices outside the state and

21  coordinate with regional offices maintained by counties and

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

23  (II) above, as necessary.

24         e.  Include performance standards and measurable

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

26         f.  Include an assessment of, and make recommendations

27  on, the feasibility of creating an alternative public private

28  partnership for the purpose of contracting with such a

29  partnership for the administration of the state's

30  entertainment industry promotion, development, marketing, and

31  industry service programs.

                                  3

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  relationship between state agencies and local governments in

 3  cooperation with local film commission offices for

 4  out-of-state and indigenous entertainment industry production

 5  entities.

 6         3.  Implement a structured methodology prescribed for

 7  coordinating activities of local offices with each other and

 8  the commissioner's office.

 9         4.  Represent the state's indigenous entertainment

10  industry to key decisionmakers within the national and

11  international entertainment industry, and to state and local

12  officials.

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

14  entertainment industry, including, but not limited to,

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

16  creation, talent, and economic impact and coordinate with

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

18         6.  Represent key decisionmakers within the national

19  and international entertainment industry to the indigenous

20  entertainment industry and to state and local officials.

21         7.  Serve as liaison between entertainment industry

22  producers and labor organizations.

23         8.  Identify, solicit, and recruit entertainment

24  production opportunities for the state.

25         9.  Assist rural communities and other small

26  communities in the state in developing expertise and capacity

27  necessary for such communities to develop, market, promote,

28  and provide services to the state's entertainment industry.

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

30  performance of its duties, may:

31         1.  Conduct or contract for specific promotion and

                                  4

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  of a statewide directory, production and maintenance of an

 3  Internet web site, establishment and maintenance of a

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

 5  and appropriate cooperative marketing opportunities.

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

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

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

 9  States.

10         3.  Carry out any program of information, special

11  events, or publicity designed to attract entertainment

12  industry to Florida.

13         4.  Develop relationships and leverage resources with

14  other public and private organizations or groups in their

15  efforts to publicize to the entertainment industry in this

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

17  Florida's entertainment industry talent, crew, production

18  companies, production equipment resources, related businesses,

19  and support services, including the establishment of and

20  expenditure for a program of cooperative advertising with

21  these public and private organizations and groups in

22  accordance with the provisions of chapter 120.

23         5.  Provide and arrange for reasonable and necessary

24  promotional items and services for such persons as the office

25  deems proper in connection with the performance of the

26  promotional and other duties of the office.

27         6.  Prepare an annual economic impact analysis on

28  entertainment industry-related activities in the state.

29         Section 5.  Section 288.1252, Florida Statutes, is

30  created to read:

31         288.1252  Florida Film Advisory Council; creation;

                                  5

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  purpose; membership; powers and duties.--

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

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

 4  Executive Office of the Governor, for administrative purposes

 5  only, the Florida Film Advisory Council.

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

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

 8  Economic Development and to the Office of the Film

 9  Commissioner to provide these offices with industry insight

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

11  providing service to the state's entertainment industry.

12         (3)  MEMBERSHIP.--

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

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

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

16  Speaker of the House of Representatives, with the initial

17  appointments being made no later than August 1, 1999.

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

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

20  House of Representatives shall appoint persons who are

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

22  active in, and recognized leaders in Florida's motion picture,

23  television, video, sound recording, or other entertainment

24  industries. These persons shall include, but not be limited

25  to, representatives of local film commissions, representatives

26  of entertainment associations, a representative of the

27  broadcast industry, representatives of labor organizations in

28  the entertainment industry, and board chairs, presidents,

29  chief executive officers, chief operating officers, or persons

30  of comparable executive position or stature of leading or

31  otherwise important entertainment industry businesses and

                                  6

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  offices.  Council members shall be appointed in such a manner

 2  as to equitably represent the broadest spectrum of the

 3  entertainment industry and geographic areas of the state.

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

 5  except that the initial terms shall be staggered:

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

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

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

 9         2.  The President of the Senate shall appoint one

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

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

12         3.  The Speaker of the House of Representatives shall

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

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

15  4-year term.

16         (d)  Subsequent appointments shall be made by the

17  official who appointed the council member whose expired term

18  is to be filled.

19         (e)  The Film Commissioner, a representative of

20  Enterprise Florida, Inc., and a representative of the Florida

21  Tourism Industry Marketing Corporation shall serve as

22  ex-officio, non-voting members of the council, and shall be in

23  addition to the 17 appointed members of the council.

24         (f)  Absence from three consecutive meetings shall

25  result in automatic removal from the council.

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

27  remainder of the unexpired term by the official who appointed

28  the vacating member.

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

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

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

                                  7

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  may not serve more than two consecutive terms.

 2         (4)  MEETINGS; ORGANIZATION.--

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

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

 5  often as set by the council.

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

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

 8  chair.  The Office of the Film Commissioner shall provide

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

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

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

12  papers filed with the council.

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

14  constitute a quorum.

15         (d)  Members of the council shall serve without

16  compensation, but shall be entitled to reimbursement for per

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

18  in performance of their duties.

19         (5)  POWERS AND DUTIES.--The Florida Film Advisory

20  Council shall have all the powers necessary or convenient to

21  carry out and effectuate the purposes and provisions of this

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

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

24  the conduct of its business.

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

26  Commissioner on the content, development, and implementation

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

28  office.

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

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

31  Commissioner on the programs and any changes that might be

                                  8

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  made to better meet the strategic plan.

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

 3  industry for the purpose of advising the commissioner and the

 4  Office of Tourism, Trade, and Economic Development.

 5         (e)  Identify and make recommendations on state agency

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

 7  entertainment industry or that may appear to industry

 8  representatives as an official state or local action affecting

 9  production in the state.

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

11  commissioner and the Office of Tourism, Trade and Economic

12  Development.

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

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

15  request or upon its own initiative, regarding the

16  promulgation, administration, and enforcement of all laws and

17  rules relating to the entertainment industry.

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

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

20  Office of Tourism, Trade and Economic Development that will

21  improve internal operations affecting the entertainment

22  industry and will enhance the economic development initiatives

23  of the state for the industry.

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

25  commissions, departments, or other agencies of municipal,

26  county or state government, or the Federal Government.

27         Section 6.  Section 288.1253, Florida Statutes, is

28  created to read:

29         288.1253  Travel and entertainment expenses.--

30         (1)  As used in this section:

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

                                  9

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  representatives of the Office of the Film Commissioner in

 3  connection with the performance of its statutory duties,

 4  including persons or representatives of entertainment industry

 5  companies considering location, relocation, or expansion of an

 6  entertainment industry business within the state.

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

 8  necessary, and reasonable costs of providing hospitality for

 9  business clients or guests, which costs are defined and

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

11  and Economic Development, subject to approval by the

12  Comptroller.

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

14  official or state employee, authorized by the Office of

15  Tourism, Trade, and Economic Development to receive the

16  hospitality of the Office of the Film Commissioner in

17  connection with the performance of its statutory duties.

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

19  reasonable costs of transportation, meals, lodging, and

20  incidental expenses normally incurred by a traveler, which

21  costs are defined and prescribed by rules adopted by the

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

23  approval by the Comptroller.

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

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

26  rules by which it may make expenditures by advancement or

27  reimbursement, or a combination thereof, to:

28         (a)  The Governor, the Lieutenant Governor, security

29  staff of the Governor or Lieutenant Governor, the Film

30  Commissioner, or staff of the Office of the Film Commissioner

31  for travel expenses or entertainment expenses incurred by such

                                  10

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  individuals solely and exclusively in connection with the

 2  performance of the statutory duties of the Office of the Film

 3  Commissioner.

 4         (b)  The Governor, the Lieutenant Governor, security

 5  staff of the Governor or Lieutenant Governor, the Film

 6  Commissioner, or staff of the Office of the Film Commissioner

 7  for travel expenses or entertainment expenses incurred by such

 8  individuals on behalf of guests, business clients, or

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

10  exclusively in connection with the performance of the

11  statutory duties of the Office of the Film Commissioner.

12         (c)  Third party vendors for the travel or

13  entertainment expenses of guests, business clients, or

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

15  solely and exclusively while such persons are participating in

16  activities or events carried out by the Office of the Film

17  Commissioner in connection with that office's statutory

18  duties.

19

20  The rules shall be subject to approval by the Comptroller

21  prior to promulgation.  The rules shall require the submission

22  of paid receipts, or other proof of expenditure prescribed by

23  the Comptroller, with any claim for reimbursement and shall

24  require, as a condition for any advancement of funds, an

25  agreement to submit paid receipts or other proof of

26  expenditure and to refund any unused portion of the

27  advancement within 15 days after the expense is incurred or,

28  if the advancement is made in connection with travel, within

29  10 working days after the traveler's return to headquarters.

30  However, with respect to an advancement of funds made solely

31  for travel expenses, the rules may allow paid receipts or

                                  11

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  other proof of expenditure to be submitted, and any unused

 2  portion of the advancement to be refunded, within 10 working

 3  days after the traveler's return to headquarters. Operational

 4  or promotional advancements, as defined in s. 288.35(4),

 5  obtained pursuant to this section shall not be commingled with

 6  any other state funds.

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

 8  Development shall prepare an annual report of the expenditures

 9  of the Office of the Film Commissioner and provide such report

10  to the Legislature no later than December 30 of each year for

11  the expenditures of the previous fiscal year. The report shall

12  consist of a summary of all travel, entertainment, and

13  incidental expenses incurred within the United States and all

14  travel, entertainment, and incidental expenses incurred

15  outside the United States, as well as a summary of all

16  successful projects that developed from such travel.

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

18  employees and representatives, when authorized, may accept and

19  use complimentary travel, accommodations, meeting space,

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

21  services necessary for or beneficial to the performance of the

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

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

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

25  rule, develop internal controls to ensure that such goods or

26  services accepted or used pursuant to this subsection are

27  limited to those that will assist solely and exclusively in

28  the furtherance of the office's goals and are in compliance

29  with part III of chapter 112.

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

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

                                  12

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  officer authorized to administer oaths, but any claim

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

 3  section shall contain a statement that the expenses were

 4  actually incurred as necessary travel or entertainment

 5  expenses in the performance of official duties of the Office

 6  of the Film Commissioner and shall be verified by written

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

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

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

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

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

12  preparation or presentation of a claim pursuant to this

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

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

15  consent of the person authorized or required to present the

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

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

18  receives an advancement or reimbursement by means of a false

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

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

21  paid.

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

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

24         14.2015  Office of Tourism, Trade, and Economic

25  Development; creation; powers and duties.--

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

27  Economic Development is to assist the Governor in working with

28  the Legislature, state agencies, business leaders, and

29  economic development professionals to formulate and implement

30  coherent and consistent policies and strategies designed to

31  provide economic opportunities for all Floridians.  To

                                  13

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  Economic Development shall:

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

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

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

 6  corporation whose board members have had prior experience in

 7  promoting, throughout the state, the economic development of

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

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

10  and promote the entertainment industry in the state.

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

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

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

14  sports industry in the state, to promote the participation of

15  Florida's citizens in amateur athletic competition, and to

16  promote Florida as a host for national and international

17  amateur athletic competitions.

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

19  partnerships and state agencies in order to avoid duplication

20  and promote coordinated and consistent implementation of

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

22  international trade and investment; business recruitment,

23  creation, retention, and expansion; minority and small

24  business development; and rural community development.

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

26  Governor and the Lieutenant Governor in economic development

27  projects designed to create, expand, and retain Florida

28  businesses and to recruit worldwide business.

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

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

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

                                  14

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  of economic development in Florida which will include the

 3  identification of problems and the recommendation of

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

 5  the Senate, the Speaker of the House of Representatives, the

 6  Senate Minority Leader, and the House Minority Leader by

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

 8  Governor's message to the Legislature under the State

 9  Constitution and any other economic reports required by law.

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

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

12  development called by the Governor to address the business

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

14  future of the state, and identify economic development efforts

15  to fulfill that vision.

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

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

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

19  program for qualified target industry businesses under s.

20  288.106, contracts for transportation projects under s.

21  288.063, the sports franchise facility program under s.

22  288.1162, the professional golf hall of fame facility program

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

24  403.950-403.972, the Rural Community Development Revolving

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

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

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

28  Council, and the Rural Economic Development Initiative.

29         2.  The office may enter into contracts in connection

30  with the fulfillment of its duties concerning the Florida

31  First Business Bond Pool under chapter 159, tax incentives

                                  15

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

 2  Capital Company Act in chapter 288, foreign offices under

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

 4  the Seaport Employment Training program under chapter 311, the

 5  Florida Professional Sports Team License Plates under chapter

 6  320, Spaceport Florida under chapter 331, Job Siting and

 7  Expedited Permitting under chapter 403, and in carrying out

 8  other functions that are specifically assigned to the office

 9  by law.

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

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

12  Florida Commission on Tourism, and all direct-support

13  organizations under this act, excluding those relating to

14  tourism.  To accomplish the provisions of this act and

15  applicable provisions of chapter 288, and notwithstanding the

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

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

18  Florida Commission on Tourism, and other appropriate

19  direct-support organizations. Such contracts may be multiyear

20  and shall include specific performance measures for each year.

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

22  Speaker of the House of Representatives with a report by

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

24  including the extent to which specific contract performance

25  measures have been met by these contractors.

26         (h)  Provide administrative oversight for the Office of

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

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

29  industry and to administratively house the Florida Film

30  Advisory Council created under s. 288.1252.

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

                                  16

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  unified budget request for tourism, trade, and economic

 2  development in accordance with chapter 216 for, and in

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

 4  the Florida Commission on Tourism and its direct-support

 5  organization, the Florida Black Business Investment Board, the

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

 7  organization organizations created to promote the

 8  entertainment and sports industry industries.

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

10  connection with the administration of the Qualified Target

11  Industry program, the Qualified Defense Contractor program,

12  the Certified Capital Company Act, the Enterprise Zone

13  program, and the Florida First Business Bond pool.

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

15  Development shall develop performance measures, standards, and

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

17  in conjunction with the applicable entity, for each program

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

19  The performance measures, standards, and sanctions shall be

20  developed in consultation with the legislative appropriations

21  committees and the appropriate substantive committees, and are

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

23  216.177.  The approved performance measures, standards, and

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

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

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

27         Section 8.   21st Century Digital Television and

28  Education Task Force; membership; duties.--

29         (1)  The "21st Century Digital Television and Education

30  Task Force" is created to serve through February 1, 2000. The

31  task force is created within the Office of Tourism, Trade, and

                                  17

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  Economic Development, which shall provide staff support for

 2  the activities of the task force.  The task force shall

 3  consist of the following members:

 4         (a)  Two members to be appointed by the Governor.

 5         (b)  Two members of the Senate, or their designees, to

 6  be appointed by the President of the Senate.

 7         (c)  Two members of the House of Representatives, or

 8  their designees, to be appointed by the Speaker of the House

 9  of Representatives.

10         (d)  The Commissioner of Education or the

11  commissioner's designee.

12         (e)  The Chancellor of the State University System or

13  the chancellor's designee.

14         (f)  The Executive Director of the State Community

15  College System or the executive director's designee.

16         (g)  The President of the Independent Colleges and

17  Universities of Florida or the president's designee.

18         (h)  A representative of Enterprise Florida, Inc., with

19  knowledge on workforce development and economic development

20  issues.

21         (i)  The Film Commissioner within the Office of

22  Tourism, Trade, and Economic Development.

23         (2)  Each appointed member of the task force shall

24  serve at the pleasure of the appointing official. A vacancy on

25  the task force shall be filled in the same manner as the

26  original appointment.

27         (3)  The task force shall elect a chair from among its

28  members. A vacancy in the chair of the task force must be

29  filled for the remainder of the unexpired term by an election

30  of the task force members.

31         (4)  The task force shall meet as necessary, at the

                                  18

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  call of the chair or at the call of a quorum of the task

 2  force, and at the time and place designated by the chair. A

 3  quorum is necessary for the purpose of conducting official

 4  business of the task force. Six members of the task force

 5  shall constitute a quorum. The task force shall use accepted

 6  rules of procedure to conduct its meetings and shall keep a

 7  complete record of each meeting.

 8         (5)  Members of the task force shall receive no

 9  compensation for their services, but shall be entitled to

10  receive per diem and travel expenses as provided in section

11  112.061, Florida Statutes.

12         (6)  The Task Force shall act as an advisory body and

13  shall make recommendations to the Governor and the Legislature

14  on a coordinated plan to carry out the legislative intent of

15  this act. The task force shall have the following duties:

16         (a)  Devise a plan to recruit the following industry

17  segments to locate in Florida:

18         1.  Digital programmers and producers, including

19  companies involved in the production, marketing, and

20  development of digital content, as well as studios, networks,

21  and television stations.

22         2.  Companies involved in the transmission of digital

23  media, including television broadcasters; cable and satellite

24  companies; television, theater, and film industry members;

25  Internet content providers; web site producers; and other

26  information service providers.

27         3.  Digital television equipment manufacturers,

28  including makers of digital video cameras, audio equipment,

29  transmission equipment, television sets, set-top boxes and

30  related hardware, monitors, displays, tapes, and discs.

31         4.  Companies involved in the research and development

                                  19

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  of new and innovative digital television equipment, consumer

 2  electronics, prototypes, and products.

 3         (b)  Investigate and recommend strong economic

 4  incentives to encourage the digital industry segments

 5  described in subparagraph 1. to locate and compete in Florida.

 6         (c)  Devise a plan to create and maintain higher

 7  education opportunities for students wishing to enter the

 8  digital television field. At a minimum, the plan shall

 9  consider and address the following:

10         1.  The extent to which higher education opportunities

11  are currently available to students in the areas of digital

12  production, transmission, manufacturing, and research and

13  development.

14         2.  The workforce needs of the digital television

15  industry segments described in subparagraph 1.

16         3.  Recommendations and an operational plan for

17  creating and maintaining higher education opportunities in

18  digital television production, transmission, manufacturing,

19  and research and development.

20         4.  Any other recommendations to encourage and promote

21  the development of a skilled workforce in digital broadcast

22  communications and high-definition television.

23         (d)  Recommend methods to hasten the conversion of

24  existing commercial television studios and soundstages from

25  analog to digital technology.

26         (e)  Recommend a means to fund the cost of converting

27  public broadcast stations from analog to digital technology,

28  including a grant program for Florida Public Television.

29         (f)  Issue a report to the Legislature no later than

30  February 1, 2000, summarizing its findings, stating its

31  conclusions, and proposing its recommendations.

                                  20

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         Section 9.  Subsections (1) and (2) of section

 2  288.1229, Florida Statutes, are amended, and subsections (8)

 3  and (9) are added to that section, to read:

 4         288.1229  Promotion and development of sports-related

 5  industries; direct-support organization; powers and duties.--

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

 7  Development may authorize a direct-support organization to

 8  assist the office in:

 9         (a)  The promotion and development of the sports

10  industry and related industries for the purpose of improving

11  the economic presence of these industries in Florida.

12         (b)  The promotion of amateur athletic participation

13  for the citizens of Florida and the promotion of Florida as a

14  host for national and international amateur athletic

15  competitions for the purpose of encouraging and increasing the

16  direct and ancillary economic benefits of amateur athletic

17  events and competitions.

18         (2)  To be authorized as a direct-support organization,

19  an organization must:

20         (a)  Be incorporated as a corporation not for profit

21  pursuant to chapter 617.

22         (b)  Be governed by a board of directors, which must

23  consist of up to 15 members appointed by the Governor and up

24  to 15 members appointed by the existing board of directors.

25  In making appointments, the board must consider a potential

26  member's background in community service and sports activism

27  in, and financial support of, the sports industry,

28  professional sports, or organized amateur athletics.  Members

29  must be residents of the state and highly knowledgeable about

30  or active in professional or organized amateur sports. The

31  board must contain representatives of all geographical regions

                                  21

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  of the state and must represent ethnic and gender diversity.

 2  The terms of office of the members shall be 4 years.  No

 3  member may serve more than two consecutive terms.  The

 4  Governor may remove any member for cause and shall fill all

 5  vacancies that occur.

 6         (c)  Have as its purpose, as stated in its articles of

 7  incorporation, to receive, hold, invest, and administer

 8  property; to raise funds and receive gifts; and to promote and

 9  develop the sports industry and related industries for the

10  purpose of increasing the economic presence of these

11  industries in Florida.

12         (d)  Have a prior determination by the Office of

13  Tourism, Trade, and Economic Development that the organization

14  will benefit the office and act in the best interests of the

15  state as a direct-support organization to the office.

16         (8)  To promote amateur sports and physical fitness,

17  the direct-support organization shall:

18         (a)  Develop, foster, and coordinate services and

19  programs for amateur sports for the people of Florida.

20         (b)  Sponsor amateur sports workshops, clinics,

21  conferences, and other similar activities.

22         (c)  Give recognition to outstanding developments and

23  achievements in, and contributions to, amateur sports.

24         (d)  Encourage, support, and assist local governments

25  and communities in the development of or hosting of local

26  amateur athletic events and competitions.

27         (e)  Promote Florida as a host for national and

28  international amateur athletic competitions.  As part of this

29  effort, the direct-support organization shall:

30         1.  Assist and support Florida cities or communities

31  bidding or seeking to host the Summer Olympics or Pan American

                                  22

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  Games.

 2         2.  Annually report to the Governor, the President of

 3  the Senate, and the Speaker of the House of Representatives on

 4  the status of the efforts of cities or communities bidding to

 5  host the Summer Olympics or Pan American Games, including, but

 6  not limited to, current financial and infrastructure status,

 7  projected financial and infrastructure needs, and

 8  recommendations for satisfying the unmet needs and fulfilling

 9  the requirements for a successful bid in any year that the

10  Summer Olympics or Pan American Games are held in this state.

11         (f)  Develop a statewide program of amateur athletic

12  competition to be known as the "Sunshine State Games."

13         (g)  Continue the successful amateur sports programs

14  previously conducted by the Florida Governor's Council on

15  Physical Fitness and Amateur Sports created under s. 14.22.

16         (h)  Encourage and continue the use of volunteers in

17  its amateur sports programs to the maximum extent possible.

18         (i)  Develop, foster, and coordinate services and

19  programs designed to encourage the participation of Florida's

20  youth in Olympic sports activities and competitions.

21         (j)  Foster and coordinate services and programs

22  designed to contribute to the physical fitness of the citizens

23  of Florida.

24         (9)(a)  The Sunshine State Games shall be patterned

25  after the Summer Olympics with variations as necessitated by

26  availability of facilities, equipment, and expertise.  The

27  games shall be designed to encourage the participation of

28  athletes representing a broad range of age groups, skill

29  levels, and Florida communities. Participants shall be

30  residents of this state.  Regional competitions shall be held

31  throughout the state, and the top qualifiers in each sport

                                  23

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  shall proceed to the final competitions to be held at a site

 2  in the state with the necessary facilities and equipment for

 3  conducting the competitions.

 4         (b)  The Executive Office of the Governor is authorized

 5  to permit the use of property, facilities, and personal

 6  services of or at any State University System facility or

 7  institution by the direct-support organization operating the

 8  Sunshine State Games.  For the purposes of this paragraph,

 9  personal services includes full-time or part-time personnel as

10  well as payroll processing.

11         Section 10.  Paragraph (a) of subsection (6) of section

12  320.08058, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         320.08058  Specialty license plates.--

15         (6)  FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE

16  PLATES.--

17         (a)  Because the United States Olympic Committee has

18  selected this state to participate in a combined fundraising

19  program that provides for one-half of all money raised through

20  volunteer giving to stay in this state and be administered by

21  the direct-support organization established under s. 288.1229

22  Sunshine State Games Foundation to support amateur sports, and

23  because the United States Olympic Committee and the

24  direct-support organization Sunshine State Games Foundation

25  are nonprofit organizations dedicated to providing athletes

26  with support and training and preparing athletes of all ages

27  and skill levels for sports competition, and because the

28  direct-support organization Sunshine State Games Foundation

29  assists in the bidding for sports competitions that provide

30  significant impact to the economy of this state, and the

31  Legislature supports the efforts of the United States Olympic

                                  24

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  Committee and the direct-support organization Florida Sunshine

 2  State Games Foundation, the Legislature establishes a Florida

 3  United States Olympic Committee license plate for the purpose

 4  of providing a continuous funding source to support this

 5  worthwhile effort.  Florida United States Olympic Committee

 6  license plates must contain the official United States Olympic

 7  Committee logo and must bear a design and colors that are

 8  approved by the department.  The word "Florida" must be

 9  centered at the top of the plate.

10         (b)  The license plate annual use fees are to be

11  annually distributed as follows:

12         1.  The first $5 million collected annually must be

13  paid to the direct-support organization Florida Governor's

14  Council on Physical Fitness and Amateur Sports to be

15  distributed as follows:

16         a.  Fifty percent must be distributed to the

17  direct-support organization to be used Sunshine State Games

18  Foundation for Florida's Sunshine State Games Olympic Sports

19  Festival for Amateur Athletes.

20         b.  Fifty percent must be distributed to the United

21  States Olympic Committee.

22         2.  Any additional fees must be deposited into the

23  General Revenue Fund.

24         Section 11.  Any funds or property held in trust by the

25  Sunshine State Games Foundation, Inc., and the Florida

26  Governor's Council on Physical Fitness and Amateur Sports

27  shall revert to the direct-support organization, created under

28  section 288.1229, Florida Statutes, upon expiration or

29  cancellation of the contract with the Sunshine State Games

30  Foundation, Inc., and the Florida Governor's Council on

31  Physical Fitness and Amateur Sports, to be used for the

                                  25

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  promotion of amateur sports in Florida.

 2         Section 12.  Section 14.22, Florida Statutes, is

 3  repealed.

 4         Section 13.  Sections 288.051, 288.052, 288.053,

 5  288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,

 6  Florida Statutes, are repealed.

 7         Section 14.  Effective July 1, 1999, 3

 8  full-time-equivalent positions are hereby appropriated to the

 9  Executive Office of the Governor in order to implement the

10  provisions of this act related to the Office of the Film

11  Commissioner.

12         Section 15.  Subsection (1) of section 288.1221,

13  Florida Statutes, is amended to read:

14         288.1221  Legislative intent.--

15         (1)  It is the intent of the Legislature to establish a

16  public-private partnership to provide policy direction to and

17  technical expertise in the promotion and marketing of the

18  state's tourism attributes. The Legislature further intends to

19  authorize this partnership to recommend the tenets of an

20  industry standard 4-year 5-year marketing plan for an annual

21  marketing plan for tourism promotion and recommend a

22  comparable organizational structure to carry out such a plan.

23  The Legislature intends to have such a plan funded by that

24  portion of the rental car surcharge annually dedicated to the

25  Tourism Promotional Trust Fund, pursuant to s. 212.0606, and

26  by the tourism industry. The Legislature intends that the

27  exercise of this authority by the public-private partnership

28  shall take into consideration the recommendations made to the

29  1992 Legislature in the report submitted by the Florida

30  Tourism Commission created pursuant to chapter 91-31, Laws of

31  Florida.

                                  26

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         Section 16.  Subsection (2) of section 288.1222,

 2  Florida Statutes, is amended to read:

 3         288.1222  Definitions.--For the purposes of ss.

 4  288.017, 288.121-288.1226, and 288.124, the term:

 5         (2)  "Tourist" means any person who participates in

 6  trade or recreation activities outside the county country of

 7  his or her permanent residence or who rents or leases

 8  transient living quarters or accommodations as described in s.

 9  125.0104(3)(a).

10         Section 17.  Paragraphs (e), (f), and (g) of subsection

11  (2) of section 288.1223, Florida Statutes, are amended to

12  read:

13         288.1223  Florida Commission on Tourism; creation;

14  purpose; membership.--

15         (2)

16         (e)  General tourism-industry-related members shall be

17  limited to two 4-year full consecutive terms. This limitation

18  applies to terms begun after June 30, 1996.

19         (f)  The commission shall hold its first meeting no

20  later than September 1992 and must meet at least quarterly.  A

21  majority of the members shall constitute a quorum for the

22  purpose of conducting business.

23         (g)  The Governor shall serve as chair of the

24  commission. The commission shall annually biennially elect one

25  of its tourism-industry-related members as vice chair, who

26  shall preside in the absence of the chair.

27         Section 18.  Paragraphs (a), (c), and (d) of subsection

28  (4) and subsection (11) of section 288.1224, Florida Statutes,

29  are amended to read:

30         288.1224  Powers and duties.--The commission:

31         (4)(a)  Shall, no later than December 31, 1996,

                                  27

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  recommend the tenets of a 4-year marketing plan to sustain

 2  tourism growth, which plan shall be annual in construction and

 3  ongoing in nature.  The initial plan shall use as its model

 4  the marketing plan recommended by the Florida Tourism

 5  Commission, created pursuant to chapter 91-31, Laws of

 6  Florida, and presented to the Legislature.  Any annual

 7  revisions of such a plan shall carry forward the concepts of

 8  the remaining 3-year portion of that plan and consider a

 9  continuum portion to preserve the 4-year timeframe of the

10  plan. Such plan shall be submitted to the President of the

11  Senate, the Speaker of the House of Representatives, the

12  Senate Minority Leader, and the House Minority Leader no later

13  than January 1, 1997.

14         (c)  The plan shall include provisions for the

15  direct-support organization to reach the targeted one-to-one

16  match of private to public contributions within a period of 4

17  calendar years after the implementation date of the plan. For

18  the purposes of calculating the required one-to-one match,

19  matching private funds shall be divided into four categories.

20  The first category is direct cash contributions, which

21  include, but are not limited to, cash derived from strategic

22  alliances, contributions of stocks and bonds, and partnership

23  contributions. The second category is fees for services, which

24  include, but are not limited to, event participation,

25  research, and brochure placement and transparencies.  The

26  third category is co-operative advertising, which is the value

27  based on cost of contributed productions, air time, and print

28  space.  The fourth category is in-kind contributions, which

29  include, but are not limited to, the value of strategic

30  alliance services contributed, the value of loaned employees,

31  discounted service fees, items contributed for use in

                                  28

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  promotions, and radio or television air time or print space

 2  for promotions.  The value of air time or print space shall be

 3  calculated by taking the actual time or space and multiplying

 4  by the nonnegotiated unit price for that specific time or

 5  space which is known as the media equivalency value.  In order

 6  to avoid duplication in determining media equivalency value,

 7  only the value of the promotion itself shall be included; the

 8  value of the items contributed for the promotion shall not be

 9  included. Documentation for the components of the four

10  categories of private match shall be kept on file for

11  inspection as determined necessary.

12         (d)  The plan shall include recommendations regarding

13  specific performance standards and measurable outcomes. By

14  July 1, 1997, the Florida Commission on Tourism, in

15  consultation with the Office of Program Policy Analysis and

16  Government Accountability, shall establish performance-measure

17  outcomes for the commission and its direct-support

18  organization. The commission, in consultation with the Office

19  of Program Policy Analysis and Government Accountability,

20  shall develop a plan for monitoring its operations to ensure

21  that performance data are maintained and supported by records

22  of the organization.

23         (11)  Shall receive staff support from the Florida

24  Tourism Industry Marketing Corporation and shall not employ

25  any additional staff.  The president and chief executive

26  officer of the Florida Tourism Industry Marketing Corporation

27  shall serve without compensation as the executive director of

28  the commission.  As executive director, he or she shall have

29  the authority to conduct any official business of the

30  commission, as authorized by the commission.  Shall create an

31  advisory committee of the commission which shall be charged

                                  29

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  with developing a regionally based plan to protect and promote

 2  all of the natural, coastal, historical, cultural, and

 3  commercial tourism assets of this state.

 4         (a)  Members of the advisory committee shall be

 5  appointed by the chair of the commission and shall include

 6  representatives of the commission, the Departments of

 7  Agriculture, Environmental Protection, Community Affairs,

 8  Transportation, and State, the Florida Greenways Coordinating

 9  Council, the Florida Game and Freshwater Fish Commission, and,

10  as deemed appropriate by the chair of the commission,

11  representatives from other federal, state, regional, local,

12  and private sector associations representing environmental,

13  historical, cultural, recreational, and tourism-related

14  activities.

15         (b)  The advisory committee shall submit its plan to

16  the commission by December 1, 1997.

17         (c)  The commission shall review and make

18  recommendations on the plan, including recommending any

19  legislation considered necessary for implementing the plan, to

20  the Legislature by January 1, 1998.

21         Section 19.  Paragraphs (h) through (n) of subsection

22  (5) of section 288.1226, Florida Statutes, are renumbered as

23  subsections (i) through (o), respectively, and a new paragraph

24  (h) is added to said subsection to read:

25         288.1226  Florida Tourism Industry Marketing

26  Corporation; use of property; board of directors; duties;

27  audit.--

28         (5)  POWERS AND DUTIES.--The corporation, in the

29  performance of its duties:

30         (h)  Shall provide staff support to the Florida

31  Commission on Tourism. The president and chief executive

                                  30

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  officer of the Florida Tourism Industry Marketing Corporation

 2  shall serve without compensation as the executive director of

 3  the commission.

 4         Section 20.  Effective upon this act becoming a law,

 5  section 335.166, Florida Statutes, is renumbered as section

 6  288.12265, Florida Statutes, and amended to read:

 7         288.12265 335.166  Welcome Centers Office.--

 8         (1)  Effective July 1, 1999, responsibility for the

 9  welcome centers Office is assigned to the Florida Commission

10  on Tourism which shall contract with the commission's

11  direct-support organization to employ all welcome center

12  staff.  On July 1, 1999, all welcome center staff shall be

13  offered employment through the direct-support organization at

14  the same salary such staff received through the Department of

15  Transportation, prior to July 1, 1999, but with the same

16  benefits provided by the direct-support organization to the

17  organization's employees.  Welcome center employees shall have

18  until January 1, 2000, to choose to be employed by the

19  direct-support organization or to remain employed by the

20  state.  Those employees who choose to remain employed by the

21  state may continue to be assigned by the Department of

22  Transportation to the welcome centers until June 30, 2001.

23  Upon vacating a career service position by a career service

24  employee, the position shall be abolished.  The agreement

25  between the Department of Transportation and the Florida

26  Commission on Tourism concerning the funding of positions in

27  the welcome centers shall continue until all welcome center

28  employees are employed by the direct-support organization, or

29  until those employees choosing to remain employed by the state

30  have found other state employment, or until June 30, 2001,

31  whichever occurs first Department of Transportation for

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  administrative and fiscal accountability purposes, but it

 2  shall otherwise function independently of the control,

 3  supervision, and direction of the Department of

 4  Transportation.

 5         (2)  Effective July 1, 1999, the Florida Commission on

 6  Tourism, through its direct support organization, shall

 7  administer and operate the welcome centers.  Pursuant to a

 8  contract with the Department of Transportation, the Commission

 9  shall be responsible for routine repair, replacement or

10  improvement and the day to day management of interior areas

11  occupied by the welcome centers.  All other repairs,

12  replacements or improvements to the welcome centers shall be

13  the responsibility of the Department of Transportation shall

14  provide direction for the administration of the Welcome

15  Centers Office and direction for the operation of the welcome

16  centers. Funding for the office shall be solely from the

17  rental car surcharge provided to the Tourism Promotional Trust

18  Fund pursuant to s. 212.0606(2), through a nonoperating

19  transfer to the State Transportation Trust Fund or contract

20  with the commission or the commission's direct-support

21  organization.

22         Section 21.  Section 335.165, Florida Statutes, is

23  repealed.

24         Section 22.  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

29  (Renumber subsequent sections)

30

31

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 29, line 25 through page 32, line 19 of the

 4  amendment

 5  remove:  All of said lines

 6

 7  and insert in lieu thereof:

 8         procedure for selection of the Film

 9         Commissioner; providing powers and duties of

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

11         creating the Florida Film Advisory Council

12         within the Office of Tourism, Trade, and

13         Economic Development of the Executive Office of

14         the Governor; providing purpose, membership,

15         terms, organization, powers, and duties of the

16         council; creating s. 288.1253, F.S.; providing

17         definitions; requiring the Office of Tourism,

18         Trade, and Economic Development to adopt rules

19         by which it may make specified expenditures for

20         expenses incurred in connection with the

21         performance of the duties of the Office of the

22         Film Commissioner; requiring approval of such

23         rules by the Comptroller; requiring an annual

24         report; authorizing the acceptance and use of

25         specified 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

                                  33

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         of Tourism, Trade, and Economic Development of

 2         the Executive Office of the Governor;  creating

 3         the 21st Century Digital Television and

 4         Education Task Force; providing membership;

 5         providing duties; providing for a report;

 6         amending s. 288.1229, F.S.; revising the

 7         purposes of the direct-support organization

 8         authorized to assist the Office of Tourism,

 9         Trade, and Economic Development in the

10         promotion and development of the sports

11         industry and related industries; specifying the

12         duties of the direct-support organization with

13         respect to the promotion of sports industry,

14         amateur sports, and physical fitness; providing

15         requirements with respect to the Sunshine State

16         Games; providing authority of the Executive

17         Office of the Governor with respect to the use

18         of specified property, facilities, and personal

19         services; amending s. 320.08058, F.S.; revising

20         provisions relating to the Florida United

21         States Olympic Committee license plate to

22         remove references to the Sunshine State Games

23         Foundation; revising the distribution of annual

24         use fees from the sale of the Florida United

25         States Olympic Committee license plate;

26         providing for the reversion of funds and

27         property of the Sunshine State Games

28         Foundation, Inc., and the Florida Governor's

29         Council on Physical Fitness and Amateur Sports

30         to the direct-support organization; specifying

31         use of such funds and property; repealing s.

                                  34

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         14.22, F.S.; removing provisions relating to

 2         the Florida Governor's Council on Physical

 3         Fitness and Amateur Sports within the Office of

 4         the Governor, the Sunshine State Games,

 5         national and international amateur athletic

 6         competitions and Olympic development centers,

 7         direct-support organizations, and the Olympics

 8         and Pan American Games Task Force;  repealing

 9         s. 288.051, F.S., which provides a short title;

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

11         legislative findings and intent with respect to

12         the "Florida Film and Television Investment

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

14         the Florida Film and Television Investment

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

16         the administration and powers of the Florida

17         Film and Television Investment Board; repealing

18         s. 288.055, F.S., relating to the Florida Film

19         and Investment Trust Fund; repealing s.

20         288.056, F.S., relating to conditions for film

21         and television investment by the board;

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

23         report by the board; repealing s. 288.1228,

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

25         organization authorized by the Office of

26         Tourism, Trade, and Economic Development to

27         assist in the promotion and development of the

28         entertainment industry; repealing s. 288.12285,

29         F.S., relating to confidentiality of identities

30         of donors to the direct-support organization;

31         providing an appropriation;  amending s.

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         288.1221, F.S.; revising legislative intent;

 2         amending s. 288.1222, F.S.; clarifying a

 3         definition; amending s. 288.1223, F.S.;

 4         specifying application of a limitation on terms

 5         of certain members of the Florida Commission on

 6         Tourism; clarifying meeting and vice chair

 7         election provisions; amending s. 288.1224,

 8         F.S.; deleting obsolete provisions; specifying

 9         categories of matching private funds for

10         certain purposes; specifying staff support for

11         the Florida Commission on Tourism; providing

12         for responsibilities of staff; prohibiting the

13         commission from employing staff; deleting

14         provisions relating to an advisory committee

15         for the commission; amending s. 288.1226, F.S.;

16         requiring the Florida Tourism Industry

17         Marketing Corporation to provide staff support

18         to the Florida Commission on Tourism;

19         specifying that the president and chief

20         executive officer shall serve without

21         compensation as executive director; renumbering

22         and amending s. 335.166, F.S.; removing the

23         Welcome Center Office from the Department of

24         Transportation; transferring administrative and

25         fiscal responsibility for welcome center staff

26         from the Department of Transportation to the

27         Florida Commission on Tourism for employment

28         through the Florida Tourism Industry Marketing

29         Corporation by a designated time; requiring the

30         corporation to administer and operate welcome

31         centers; providing for maintenance and

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                                                   HOUSE AMENDMENT

                                         Bill No. HB 985, 1st Eng.

    Amendment No. 1 (for drafter's use only)





 1         improvements to welcome centers; repealing s.

 2         335.165, F.S., relating to welcome stations and

 3         the payment for improvements by the Department

 4         of Commerce; providing for the transfer of

 5         welcome center tangible personal property to

 6         the Florida Commission on Tourism;

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

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29

30

31

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