House Bill 0985

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    Florida House of Representatives - 1999                 HB 985

        By the Committee on Tourism and Representatives Starks,
    Farkas, Barreiro, Bloom, Dennis, Hafner, Argenziano, Bush,
    Melvin, Lynn, Bullard and Valdes




  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

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  1         of Tourism, Trade, and Economic Development of

  2         the Executive Office of the Governor; amending

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

  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

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  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

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  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.

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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  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

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

  2  the Comptroller, with any claim for reimbursement and shall

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

  4  agreement to submit paid receipts or other proof of

  5  expenditure and to refund any unused portion of the

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

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

  8  10 working days after the traveler's return to headquarters.

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

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

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

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

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

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

15  obtained pursuant to this section shall not be commingled with

16  any other state funds.

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

18  Development shall prepare an annual report of the expenditures

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

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

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

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

23  incidental expenses incurred within the United States and all

24  travel, entertainment, and incidental expenses incurred

25  outside the United States.

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

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  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

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  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.

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  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

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  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

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  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

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  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

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

  2                          HOUSE 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

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