House Bill 1609

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    Florida House of Representatives - 2000                HB 1609

        By the Committee on Tourism and Representatives Starks,
    Sobel, Bloom, Farkas, Lynn, R. Diaz de la Portilla and Bush





  1                      A bill to be entitled

  2         An act relating to the Office of Tourism,

  3         Trade, and Economic Development; amending s.

  4         14.2015, F.S.; revising provisions relating to

  5         the duty of the Office of Tourism, Trade, and

  6         Economic Development to serve as contract

  7         administrator for the state in contracts with

  8         Enterprise Florida, Inc., the Florida

  9         Commission on Tourism, and the direct-support

10         organization created to promote the sports

11         industry; providing for assets held in trust by

12         the contracted party upon dissolution of the

13         contracted party or termination of the contract

14         to revert to the state for use by the office;

15         amending s. 288.1224, F.S.; revising provisions

16         relating to the Florida Commission on Tourism's

17         contract with the Florida Tourism Industry

18         Marketing Corporation; providing for assets

19         held in trust by the corporation upon

20         dissolution of the corporation or termination

21         of the contract to revert to the state for use

22         by the office; providing an effective date.

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

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26         Section 1.  Paragraph (g) of subsection (2) of section

27  14.2015, Florida Statutes, is 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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    Florida House of Representatives - 2000                HB 1609

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  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         (g)  Serve as contract administrator for the state with

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

  9  Florida Commission on Tourism, and the direct-support

10  organization created under s. 288.1229 all direct-support

11  organizations under this act, excluding those relating to

12  tourism.  To accomplish the provisions of this act and

13  applicable provisions of chapter 288, and notwithstanding the

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

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

16  Florida Commission on Tourism, and the direct-support

17  organization created under s. 288.1229 other appropriate

18  direct-support organizations. Such contracts may be multiyear,

19  and shall include specific performance measures for each year,

20  and shall provide for recovery of state assets in a manner

21  consistent with the provisions of this paragraph in the event

22  of termination. Upon dissolution of the party contracting with

23  the office, the contracted party shall cease incurring debt

24  and all assets of the contracted party held in trust shall

25  revert to the state for use by the office for satisfaction of

26  outstanding debt. After satisfaction of outstanding debt, all

27  assets remaining shall be used by the office for carrying out

28  its duties under this section and chapter 288. Assets of the

29  contracted party held in trust include money, whether from

30  public, private, or third-party sources; real property; and

31  tangible and intangible personal property. The provisions for

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    Florida House of Representatives - 2000                HB 1609

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  1  dissolution contained in this paragraph shall be deemed to be

  2  part of the contract with each party.

  3         Section 2.  Subsection (1) of section 288.1224, Florida

  4  Statutes, is amended to read:

  5         288.1224  Powers and duties.--The commission:

  6         (1)  Notwithstanding the provisions of part I of

  7  chapter 287, upon the approval of the Office of Tourism,

  8  Trade, and Economic Development, shall contract, no later than

  9  December 31, 1996, with the Florida Tourism Industry Marketing

10  Corporation, a direct-support organization of the commission

11  created under s. 288.1226, a direct-support organization

12  incorporated as a private, not-for-profit corporation, as

13  defined in s. 501(c)(6) of the Internal Revenue Code of 1986,

14  as amended, to execute the tourism marketing and promotion

15  services, functions, and programs for this state including,

16  but not limited to, the activities prescribed by the 4-year

17  marketing plan. The contract shall provide for recovery of

18  state assets in a manner consistent with the provisions of

19  this subsection in the event of termination. The Office of

20  Tourism, Trade, and Economic Development shall review such

21  contract in an expedient manner and shall timely make any

22  recommendations so as to allow for the date of the contract to

23  be met.  The commission shall serve as contract administrator.

24  Upon dissolution of the corporation, the corporation shall

25  cease incurring debt and all assets of the corporation held in

26  trust shall revert to the state for use by the office for

27  satisfaction of outstanding debt. After satisfaction of

28  outstanding debt, all assets remaining shall be used to carry

29  out the duties of the office under s. 14.2015 and this

30  chapter. Assets of the corporation held in trust include

31  money, whether from public, private, or third-party sources;

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    Florida House of Representatives - 2000                HB 1609

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  1  real property; and tangible and intangible personal property.

  2  The provisions for dissolution contained in this subsection

  3  shall be deemed to be part of the contract.

  4         Section 3.  This act shall take effect July 1, 2000.

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  7                          HOUSE SUMMARY

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      Revises provisions relating to the duty of the Office of
  9    Tourism, Trade, and Economic Development to serve as
      contract administrator for the state in contracts with
10    Enterprise Florida, Inc., the Florida Commission on
      Tourism, and the direct-support organization created to
11    promote the sports industry. Provides for assets held in
      trust by the contracted party upon dissolution of the
12    contracted party or termination of the contract to revert
      to the state for use by the office. Revises provisions
13    relating to the Florida Commission on Tourism's contract
      with the Florida Tourism Industry Marketing Corporation.
14    Provides for assets held in trust by the corporation upon
      dissolution of the corporation or termination of the
15    contract to revert to the state for use by the office.

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