House Bill 0985e1

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                                           HB 985, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the promotion and

  3         development of Florida's entertainment

  4         industry; providing a short title; providing

  5         legislative findings and intent; creating s.

  6         288.125, F.S.; defining "entertainment

  7         industry"; creating s. 288.1251, F.S.; creating

  8         the Office of the Film Commissioner; providing

  9         procedure for selection of the Film

10         Commissioner; providing powers and duties of

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

12         creating the Florida Film Advisory Council

13         within the Office of Tourism, Trade, and

14         Economic Development of the Executive Office of

15         the Governor; providing purpose, membership,

16         terms, organization, powers, and duties of the

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

18         definitions; requiring the Office of Tourism,

19         Trade, and Economic Development to adopt rules

20         by which it may make specified expenditures for

21         expenses incurred in connection with the

22         performance of the duties of the Office of the

23         Film Commissioner; requiring approval of such

24         rules by the Comptroller; requiring an annual

25         report; authorizing the acceptance and use of

26         specified goods and services by employees and

27         representatives of the Office of the Film

28         Commissioner; providing certain requirements

29         with respect to claims for expenses; providing

30         a penalty for false or fraudulent claims;

31         providing for civil liability; amending s.


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                                           HB 985, First Engrossed



  1         14.2015, F.S.; revising purposes of the Office

  2         of Tourism, Trade, and Economic Development of

  3         the Executive Office of the Governor; amending

  4         s. 288.1229, F.S.; revising the purposes of the

  5         direct-support organization authorized to

  6         assist the Office of Tourism, Trade, and

  7         Economic Development in the promotion and

  8         development of the sports industry and related

  9         industries; specifying the duties of the

10         direct-support organization with respect to the

11         promotion of sports industry, amateur sports,

12         and physical fitness; providing requirements

13         with respect to the Sunshine State Games;

14         providing authority of the Executive Office of

15         the Governor with respect to the use of

16         specified property, facilities, and personal

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

18         provisions relating to the Florida United

19         States Olympic Committee license plate to

20         remove references to the Sunshine State Games

21         Foundation; revising the distribution of annual

22         use fees from the sale of the Florida United

23         States Olympic Committee license plate;

24         providing for the reversion of funds and

25         property of the Sunshine State Games

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

27         Council on Physical Fitness and Amateur Sports

28         to the direct-support organization; specifying

29         use of such funds and property; repealing s.

30         14.22, F.S.; removing provisions relating to

31         the Florida Governor's Council on Physical


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                                           HB 985, First Engrossed



  1         Fitness and Amateur Sports within the Office of

  2         the Governor, the Sunshine State Games,

  3         national and international amateur athletic

  4         competitions and Olympic development centers,

  5         direct-support organizations, and the Olympics

  6         and Pan American Games Task Force; amending ss.

  7         288.108 and 288.90152, F.S.; correcting cross

  8         references; repealing s. 288.051, F.S., which

  9         provides a short title; repealing s. 288.052,

10         F.S., relating to legislative findings and

11         intent with respect to the "Florida Film and

12         Television Investment Act"; repealing s.

13         288.053, F.S., relating to the Florida Film and

14         Television Investment Board; repealing s.

15         288.054, F.S., relating to the administration

16         and powers of the Florida Film and Television

17         Investment Board; repealing s. 288.055, F.S.,

18         relating to the Florida Film and Investment

19         Trust Fund; repealing s. 288.056, F.S.,

20         relating to conditions for film and television

21         investment by the board; repealing s. 288.057,

22         F.S., requiring an annual report by the board;

23         repealing s. 288.1228, F.S., relating to the

24         direct-support organization authorized by the

25         Office of Tourism, Trade, and Economic

26         Development to assist in the promotion and

27         development of the entertainment industry;

28         repealing s. 288.12285, F.S., relating to

29         confidentiality of identities of donors to the

30         direct-support organization; providing an

31         appropriation; providing an effective date.


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                                           HB 985, First Engrossed



  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Short title.--This act may be cited as the

  4  "Entertainment Florida Act of 1999."

  5         Section 2.  Legislative findings and intent.--The

  6  Legislature finds that the entertainment industry is comprised

  7  of multiple components, including, but not limited to, the

  8  operation of motion picture or television studios; the

  9  production of motion pictures, made-for-TV motion pictures,

10  televisions series, commercial advertising, music videos, and

11  sound recordings; the attendance at, participation in, and

12  hosting of professional and amateur sporting events; and the

13  attendance by in-state and out-of-state visitors at commercial

14  and other attractions in the state.  The Legislature further

15  finds that these interrelated components form an entertainment

16  industry cluster with the potential to contribute

17  significantly to the efforts of the state to develop its

18  economy and create employment opportunities for its residents.

19  It is the intent of the Legislature to recognize the economic

20  development significance of the entertainment industry and to

21  adopt policies designed to facilitate its growth.

22         Section 3.  Section 288.125, Florida Statutes, is

23  created to read:

24         288.125  Definitions.--For the purposes of sections

25  288.1251 through 288.1258, "entertainment industry" means

26  those persons or entities engaged in the operation of motion

27  picture or television studios or recording studios, or those

28  persons or entities engaged in the preproduction, production,

29  or postproduction of motion pictures, made-for-TV motion

30  pictures, television series, commercial advertising, music

31  videos, or sound recordings.


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                                           HB 985, First Engrossed



  1         Section 4.  Section 288.1251, Florida Statutes, is

  2  created to read:

  3         288.1251  Promotion and development of entertainment

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

  5  powers and duties.--

  6         (1)  CREATION.--

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

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

  9  Film Commissioner for the purpose of developing, marketing,

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

11  industry.

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

13  Development shall conduct a national search for a qualified

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

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

16  Economic Development shall hire the Film Commissioner.

17  Guidelines for selection of the Film Commissioner shall

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

19  the following:

20         1.  A working knowledge of the equipment, personnel,

21  financial, and day-to-day production operations of the

22  industries to be served by the office;

23         2.  Marketing and promotion experience related to the

24  industries to be served by the office;

25         3.  Experience working with a variety of individuals

26  representing large and small entertainment-related businesses,

27  industry associations, local community entertainment industry

28  liaisons, and labor organizations; and

29         4.  Experience working with a variety of state and

30  local governmental agencies.

31         (2)  POWERS AND DUTIES.--


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                                           HB 985, First Engrossed



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

  2  performance of its duties, shall:

  3         1.  In consultation with the Florida Film Advisory

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

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

  6  the areas of entertainment industry development, marketing,

  7  promotion, liaison services, field office administration, and

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

  9  30, 2000, shall:

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

11         b.  Include recommendations relating to the

12  organizational structure of the office.

13         c.  Include an annual budget projection for the office

14  for each year of the plan.

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

16  in implementing programs for rural and urban areas designed

17  to:

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

19  industry.

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

21  entertainment industry and other state and local governmental

22  agencies, local film commissions, and labor organizations.

23         (III)  Gather statistical information related to the

24  state's entertainment industry.

25         (IV)  Provide information and service to businesses,

26  communities, organizations and individuals engaged in

27  entertainment industry activities.

28         (V)  Administer field offices outside the state and

29  coordinate with regional offices maintained by counties and

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

31  (II) above, as necessary.


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                                           HB 985, First Engrossed



  1         e.  Include performance standards and measurable

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

  3         f.  Include an assessment of, and make recommendations

  4  on, the feasibility of creating an alternative public private

  5  partnership for the purpose of contracting with such a

  6  partnership for the administration of the state's

  7  entertainment industry promotion, development, marketing, and

  8  industry service programs.

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

10  relationship between state agencies and local governments in

11  cooperation with local film commission offices for

12  out-of-state and indigenous entertainment industry production

13  entities.

14         3.  Implement a structured methodology prescribed for

15  coordinating activities of local offices with each other and

16  the commissioner's office.

17         4.  Represent the state's indigenous entertainment

18  industry to key decisionmakers within the national and

19  international entertainment industry, and to state and local

20  officials.

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

22  entertainment industry, including, but not limited to,

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

24  creation, talent, and economic impact and coordinate with

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

26         6.  Represent key decisionmakers within the national

27  and international entertainment industry to the indigenous

28  entertainment industry and to state and local officials.

29         7.  Serve as liaison between entertainment industry

30  producers and labor organizations.

31


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                                           HB 985, First Engrossed



  1         8.  Identify, solicit, and recruit entertainment

  2  production opportunities for the state.

  3         9.  Assist rural communities and other small

  4  communities in the state in developing expertise and capacity

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

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

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

  8  performance of its duties, may:

  9         1.  Conduct or contract for specific promotion and

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

11  of a statewide directory, production and maintenance of an

12  Internet web site, establishment and maintenance of a

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

14  and appropriate cooperative marketing opportunities.

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

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

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

18  States.

19         3.  Carry out any program of information, special

20  events, or publicity designed to attract entertainment

21  industry to Florida.

22         4.  Develop relationships and leverage resources with

23  other public and private organizations or groups in their

24  efforts to publicize to the entertainment industry in this

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

26  Florida's entertainment industry talent, crew, production

27  companies, production equipment resources, related businesses,

28  and support services, including the establishment of and

29  expenditure for a program of cooperative advertising with

30  these public and private organizations and groups in

31  accordance with the provisions of chapter 120.


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                                           HB 985, First Engrossed



  1         5.  Provide and arrange for reasonable and necessary

  2  promotional items and services for such persons as the office

  3  deems proper in connection with the performance of the

  4  promotional and other duties of the office.

  5         6.  Prepare an annual economic impact analysis on

  6  entertainment industry-related activities in the state.

  7         Section 5.  Section 288.1252, Florida Statutes, is

  8  created to read:

  9         288.1252  Florida Film Advisory Council; creation;

10  purpose; membership; powers and duties.--

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

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

13  Executive Office of the Governor, for administrative purposes

14  only, the Florida Film Advisory Council.

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

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

17  Economic Development and to the Office of the Film

18  Commissioner to provide these offices with industry insight

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

20  providing service to the state's entertainment industry.

21         (3)  MEMBERSHIP.--

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

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

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

25  Speaker of the House of Representatives, with the initial

26  appointments being made no later than July 1, 1999.

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

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

29  House of Representatives shall appoint persons who are

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

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


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                                           HB 985, First Engrossed



  1  television, video, sound recording, or other entertainment

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

  3  to, representatives of local film commissions, representatives

  4  of entertainment associations, a representative of the

  5  broadcast industry, representatives of labor organizations in

  6  the entertainment industry, and board chairs, presidents,

  7  chief executive officers, chief operating officers, or persons

  8  of comparable executive position or stature of leading or

  9  otherwise important entertainment industry businesses and

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

11  as to equitably represent the broadest spectrum of the

12  entertainment industry and geographic areas of the state.

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

14  except that the initial terms shall be staggered:

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

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

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

18         2.  The President of the Senate shall appoint one

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

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

21         3.  The Speaker of the House of Representatives shall

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

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

24  4-year term.

25         (d)  Subsequent appointments shall be made by the

26  official who appointed the council member whose expired term

27  is to be filled.

28         (e)  The Film Commissioner, a representative of

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

30  Tourism Industry Marketing Corporation shall serve as

31


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                                           HB 985, First Engrossed



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

  2  addition to the 17 appointed members of the council.

  3         (f)  Absence from three consecutive meetings shall

  4  result in automatic removal from the council.

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

  6  remainder of the unexpired term by the official who appointed

  7  the vacating member.

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

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

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

11  may not serve more than two consecutive terms.

12         (4)  MEETINGS; ORGANIZATION.--

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

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

15  often as set by the council.

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

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

18  chair.  The Office of the Film Commissioner shall provide

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

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

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

22  papers filed with the council.

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

24  constitute a quorum.

25         (d)  Members of the council shall serve without

26  compensation, but shall be entitled to reimbursement for per

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

28  in performance of their duties.

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

30  Council shall have all the powers necessary or convenient to

31


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                                           HB 985, First Engrossed



  1  carry out and effectuate the purposes and provisions of this

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

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

  4  the conduct of its business.

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

  6  Commissioner on the content, development, and implementation

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

  8  office.

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

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

11  Commissioner on the programs and any changes that might be

12  made to better meet the strategic plan.

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

14  industry for the purpose of advising the commissioner and the

15  Office of Tourism, Trade, and Economic Development.

16         (e)  Identify and make recommendations on state agency

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

18  entertainment industry or that may appear to industry

19  representatives as an official state or local action affecting

20  production in the state.

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

22  commissioner and the Office of Tourism, Trade and Economic

23  Development.

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

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

26  request or upon its own initiative, regarding the

27  promulgation, administration, and enforcement of all laws and

28  rules relating to the entertainment industry.

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

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

31  Office of Tourism, Trade and Economic Development that will


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                                           HB 985, First Engrossed



  1  improve internal operations affecting the entertainment

  2  industry and will enhance the economic development initiatives

  3  of the state for the industry.

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

  5  commissions, departments, or other agencies of municipal,

  6  county or state government, or the Federal Government.

  7         Section 6.  Section 288.1253, Florida Statutes, is

  8  created to read:

  9         288.1253  Travel and entertainment expenses.--

10         (1)  As used in this section:

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

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

13  representatives of the Office of the Film Commissioner in

14  connection with the performance of its statutory duties,

15  including persons or representatives of entertainment industry

16  companies considering location, relocation, or expansion of an

17  entertainment industry business within the state.

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

19  necessary, and reasonable costs of providing hospitality for

20  business clients or guests, which costs are defined and

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

22  and Economic Development, subject to approval by the

23  Comptroller.

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

25  official or state employee, authorized by the Office of

26  Tourism, Trade, and Economic Development to receive the

27  hospitality of the Office of the Film Commissioner in

28  connection with the performance of its statutory duties.

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

30  reasonable costs of transportation, meals, lodging, and

31  incidental expenses normally incurred by a traveler, which


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                                           HB 985, First Engrossed



  1  costs are defined and prescribed by rules adopted by the

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

  3  approval by the Comptroller.

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

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

  6  rules by which it may make expenditures by advancement or

  7  reimbursement, or a combination thereof, to:

  8         (a)  State officers and state employees for travel

  9  expenses or entertainment expenses incurred by such officers

10  and employees in connection with the performance of the

11  statutory duties of the Office of the Film Commissioner.

12         (b)  State officers and state employees for travel

13  expenses or entertainment expenses incurred by such officers

14  and employees on behalf of guests, business clients, or

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

16  connection with the performance of the statutory duties of the

17  Office of the Film Commissioner.

18         (c)  Third party vendors for the travel or

19  entertainment expenses of guests, business clients, or

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

21  while such persons are participating in activities or events

22  carried out by the Office of the Film Commissioner in

23  connection with that office's statutory duties.

24

25  The rules shall be subject to approval by the Comptroller

26  prior to promulgation.  The rules shall require the submission

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

28  the Comptroller, with any claim for reimbursement and shall

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

30  agreement to submit paid receipts or other proof of

31  expenditure and to refund any unused portion of the


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                                           HB 985, First Engrossed



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

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

  3  10 working days after the traveler's return to headquarters.

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

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

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

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

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

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

10  obtained pursuant to this section shall not be commingled with

11  any other state funds.

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

13  Development shall prepare an annual report of the expenditures

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

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

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

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

18  incidental expenses incurred within the United States and all

19  travel, entertainment, and incidental expenses incurred

20  outside the United States.

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

22  employees and representatives, when authorized, may accept and

23  use complimentary travel, accommodations, meeting space,

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

25  services necessary for or beneficial to the performance of the

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

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

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

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

30  services accepted or used pursuant to this subsection are

31  limited to those which will assist in the furtherance of the


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                                           HB 985, First Engrossed



  1  office's goals and are in compliance with part III of chapter

  2  112.

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

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

  5  officer authorized to administer oaths, but any claim

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

  7  section shall contain a statement that the expenses were

  8  actually incurred as necessary travel or entertainment

  9  expenses in the performance of official duties of the Office

10  of the Film Commissioner and shall be verified by written

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

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

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

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

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

16  preparation or presentation of a claim pursuant to this

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

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

19  consent of the person authorized or required to present the

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

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

22  receives an advancement or reimbursement by means of a false

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

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

25  paid.

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

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

28         14.2015  Office of Tourism, Trade, and Economic

29  Development; creation; powers and duties.--

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

31  Economic Development is to assist the Governor in working with


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                                           HB 985, First Engrossed



  1  the Legislature, state agencies, business leaders, and

  2  economic development professionals to formulate and implement

  3  coherent and consistent policies and strategies designed to

  4  provide economic opportunities for all Floridians.  To

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

  6  Economic Development shall:

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

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

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

10  corporation whose board members have had prior experience in

11  promoting, throughout the state, the economic development of

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

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

14  and promote the entertainment industry in the state.

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

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

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

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

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

20  promote Florida as a host for national and international

21  amateur athletic competitions.

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

23  partnerships and state agencies in order to avoid duplication

24  and promote coordinated and consistent implementation of

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

26  international trade and investment; business recruitment,

27  creation, retention, and expansion; minority and small

28  business development; and rural community development.

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

30  Governor and the Lieutenant Governor in economic development

31


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                                           HB 985, First Engrossed



  1  projects designed to create, expand, and retain Florida

  2  businesses and to recruit worldwide business.

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

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

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

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

  7  of economic development in Florida which will include the

  8  identification of problems and the recommendation of

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

10  the Senate, the Speaker of the House of Representatives, the

11  Senate Minority Leader, and the House Minority Leader by

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

13  Governor's message to the Legislature under the State

14  Constitution and any other economic reports required by law.

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

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

17  development called by the Governor to address the business

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

19  future of the state, and identify economic development efforts

20  to fulfill that vision.

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

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

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

24  program for qualified target industry businesses under s.

25  288.106, contracts for transportation projects under s.

26  288.063, the sports franchise facility program under s.

27  288.1162, the professional golf hall of fame facility program

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

29  403.950-403.972, the Rural Community Development Revolving

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

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


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                                           HB 985, First Engrossed



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

  2  Council, and the Rural Economic Development Initiative.

  3         2.  The office may enter into contracts in connection

  4  with the fulfillment of its duties concerning the Florida

  5  First Business Bond Pool under chapter 159, tax incentives

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

  7  Capital Company Act in chapter 288, foreign offices under

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

  9  the Seaport Employment Training program under chapter 311, the

10  Florida Professional Sports Team License Plates under chapter

11  320, Spaceport Florida under chapter 331, Job Siting and

12  Expedited Permitting under chapter 403, and in carrying out

13  other functions that are specifically assigned to the office

14  by law.

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

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

17  Florida Commission on Tourism, and all direct-support

18  organizations under this act, excluding those relating to

19  tourism.  To accomplish the provisions of this act and

20  applicable provisions of chapter 288, and notwithstanding the

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

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

23  Florida Commission on Tourism, and other appropriate

24  direct-support organizations. Such contracts may be multiyear

25  and shall include specific performance measures for each year.

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

27  Speaker of the House of Representatives with a report by

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

29  including the extent to which specific contract performance

30  measures have been met by these contractors.

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                                           HB 985, First Engrossed



  1         (h)  Provide administrative oversight for the Office of

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

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

  4  industry and to administratively house the Florida Film

  5  Advisory Council created under s. 288.1252.

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

  7  unified budget request for tourism, trade, and economic

  8  development in accordance with chapter 216 for, and in

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

10  the Florida Commission on Tourism and its direct-support

11  organization, the Florida Black Business Investment Board, the

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

13  organization organizations created to promote the

14  entertainment and sports industry industries.

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

16  connection with the administration of the Qualified Target

17  Industry program, the Qualified Defense Contractor program,

18  the Certified Capital Company Act, the Enterprise Zone

19  program, and the Florida First Business Bond pool.

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

21  Development shall develop performance measures, standards, and

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

23  in conjunction with the applicable entity, for each program

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

25  The performance measures, standards, and sanctions shall be

26  developed in consultation with the legislative appropriations

27  committees and the appropriate substantive committees, and are

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

29  216.177.  The approved performance measures, standards, and

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

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                                           HB 985, First Engrossed



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

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

  3         Section 8.  Subsections (1) and (2) of section

  4  288.1229, Florida Statutes, are amended, and subsections (8)

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

  6         288.1229  Promotion and development of sports-related

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

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

  9  Development may authorize a direct-support organization to

10  assist the office in:

11         (a)  The promotion and development of the sports

12  industry and related industries for the purpose of improving

13  the economic presence of these industries in Florida.

14         (b)  The promotion of amateur athletic participation

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

16  host for national and international amateur athletic

17  competitions for the purpose of encouraging and increasing the

18  direct and ancillary economic benefits of amateur athletic

19  events and competitions.

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

21  an organization must:

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

23  pursuant to chapter 617.

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

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

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

27  In making appointments, the board must consider a potential

28  member's background in community service and sports activism

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

30  professional sports, or organized amateur athletics.  Members

31  must be residents of the state and highly knowledgeable about


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                                           HB 985, First Engrossed



  1  or active in professional or organized amateur sports. The

  2  board must contain representatives of all geographical regions

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

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

  5  member may serve more than two consecutive terms.  The

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

  7  vacancies that occur.

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

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

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

11  develop the sports industry and related industries for the

12  purpose of increasing the economic presence of these

13  industries in Florida.

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

15  Tourism, Trade, and Economic Development that the organization

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

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

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

19  the direct-support organization shall:

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

21  programs for amateur sports for the people of Florida.

22         (b)  Sponsor amateur sports workshops, clinics,

23  conferences, and other similar activities.

24         (c)  Give recognition to outstanding developments and

25  achievements in, and contributions to, amateur sports.

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

27  and communities in the development of or hosting of local

28  amateur athletic events and competitions.

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

30  international amateur athletic competitions.  As part of this

31  effort, the direct-support organization shall:


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                                           HB 985, First Engrossed



  1         1.  Assist and support Florida cities or communities

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

  3  Games.

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

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

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

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

  8  not limited to, current financial and infrastructure status,

  9  projected financial and infrastructure needs, and

10  recommendations for satisfying the unmet needs and fulfilling

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

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

13         (f)  Develop a statewide program of amateur athletic

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

15         (g)  Continue the successful amateur sports programs

16  previously conducted by the Florida Governor's Council on

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

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

19  its amateur sports programs to the maximum extent possible.

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

21  programs designed to encourage the participation of Florida's

22  youth in Olympic sports activities and competitions.

23         (j)  Foster and coordinate services and programs

24  designed to contribute to the physical fitness of the citizens

25  of Florida.

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

27  after the Summer Olympics with variations as necessitated by

28  availability of facilities, equipment, and expertise.  The

29  games shall be designed to encourage the participation of

30  athletes representing a broad range of age groups, skill

31  levels, and Florida communities. Participants shall be


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                                           HB 985, First Engrossed



  1  residents of this state.  Regional competitions shall be held

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

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

  4  in the state with the necessary facilities and equipment for

  5  conducting the competitions.

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

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

  8  services of or at any State University System facility or

  9  institution by the direct-support organization operating the

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

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

12  well as payroll processing.

13         Section 9.  Paragraph (a) of subsection (6) of section

14  320.08058, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         320.08058  Specialty license plates.--

17         (6)  FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE

18  PLATES.--

19         (a)  Because the United States Olympic Committee has

20  selected this state to participate in a combined fundraising

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

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

23  the direct-support organization established under s. 288.1229

24  Sunshine State Games Foundation to support amateur sports, and

25  because the United States Olympic Committee and the

26  direct-support organization Sunshine State Games Foundation

27  are nonprofit organizations dedicated to providing athletes

28  with support and training and preparing athletes of all ages

29  and skill levels for sports competition, and because the

30  direct-support organization Sunshine State Games Foundation

31  assists in the bidding for sports competitions that provide


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                                           HB 985, First Engrossed



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

  2  Legislature supports the efforts of the United States Olympic

  3  Committee and the direct-support organization Florida Sunshine

  4  State Games Foundation, the Legislature establishes a Florida

  5  United States Olympic Committee license plate for the purpose

  6  of providing a continuous funding source to support this

  7  worthwhile effort.  Florida United States Olympic Committee

  8  license plates must contain the official United States Olympic

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

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

11  centered at the top of the plate.

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

13  annually distributed as follows:

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

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

16  Council on Physical Fitness and Amateur Sports to be

17  distributed as follows:

18         a.  Fifty percent must be distributed to the

19  direct-support organization to be used Sunshine State Games

20  Foundation for Florida's Sunshine State Games Olympic Sports

21  Festival for Amateur Athletes.

22         b.  Fifty percent must be distributed to the United

23  States Olympic Committee.

24         2.  Any additional fees must be deposited into the

25  General Revenue Fund.

26         Section 10.  Any funds or property held in trust by the

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

28  Governor's Council on Physical Fitness and Amateur Sports

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

30  section 288.1229, Florida Statutes, upon expiration or

31  cancellation of the contract with the Sunshine State Games


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                                           HB 985, First Engrossed



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

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

  3  promotion of amateur sports in Florida.

  4         Section 11.  Section 14.22, Florida Statutes, is

  5  repealed.

  6         Section 12.  Paragraph (e) of subsection (6) of section

  7  288.108, Florida Statutes, is amended to read:

  8         288.108  High-impact business.--

  9         (6)  SELECTION AND DESIGNATION OF HIGH-IMPACT

10  SECTORS.--

11         (e)  The study and its findings and recommendations and

12  the recommendations gathered from the sector-business network

13  must be discussed and considered during at least one of the

14  quarterly meetings required in s. 14.2015(2)(g)(h).

15         Section 13.  Subsection (7) of section 288.90152,

16  Florida Statutes, is amended to read:

17         288.90152  Pilot matching grant program.--

18         (7)  Upon completing all training funded under this

19  pilot program, the Office of Tourism, Trade, and Economic

20  Development shall report on the outputs and outcomes for this

21  program as part of the annual report prepared under s.

22  14.2015(2)(f)(g). Such report must include a recommendation on

23  whether it would be sound public policy to continue or

24  discontinue funding for the program.

25         Section 14.  Sections 288.051, 288.052, 288.053,

26  288.054, 288.055, 288.056, 288.057, 288.1228, and 288.12285,

27  Florida Statutes, are repealed.

28         Section 15.  Effective July 1, 1999, 3

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

30  Executive Office of the Governor in order to implement the

31  provisions of this act.


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                                           HB 985, First Engrossed



  1         Section 16.  This act shall take effect upon becoming a

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