Senate Bill 1756e2

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    SB 1756                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

  7         255.043(4), F.S., relating to funds

  8         appropriated prior to the effective date of

  9         provisions requiring a portion of construction

10         funds to be set aside for acquisition and

11         display of art in newly constructed state

12         buildings; amending s. 267.171, F.S.; deleting

13         obsolete provisions relating to the use of

14         certain funds by the Department of State for

15         historic preservation purposes of the City of

16         St. Augustine; amending s. 267.172, F.S.;

17         deleting obsolete provisions relating to the

18         appropriation of certain funds by the

19         Department of State to not-for-profit

20         organizations established to advance historic

21         preservation in Tallahassee and the Florida

22         Keys, respectively; amending s. 288.012, F.S.;

23         deleting obsolete provisions relating to plans

24         for the disposition, development, and operation

25         of foreign offices; revising cross-references;

26         amending s. 288.1223, F.S.; deleting obsolete

27         provisions relating to appointments to the

28         Florida Commission on Tourism; amending s.

29         288.1224, F.S.; deleting obsolete provisions

30         relating to a review and report on the Florida

31         Commission on Tourism and its direct-support


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    SB 1756                                       Second Engrossed



  1         organization and to duties of the commission

  2         with respect to its marketing plan; repealing

  3         s. 509.215(3) and (4), F.S., relating to

  4         firesafety requirements for public lodging

  5         establishments for which construction contracts

  6         were let prior to October 1, 1983; providing an

  7         effective date.

  8

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

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11         Section 1.  Subsection (4) of section 255.043, Florida

12  Statutes, is repealed.

13         Section 2.  Effective October 1, 2001, section 267.171,

14  Florida Statutes, is amended to read:

15         267.171  St. Augustine; contract for preservation of

16  historic properties.--The Department of State shall contract

17  with the City of St. Augustine for the management of the

18  various state-owned properties presently managed by the

19  Historic St. Augustine Preservation Board of Trustees.  The

20  contract shall provide that the City of St. Augustine may use

21  all proceeds derived from the management of state-owned

22  properties for the purpose of maintaining the state-owned

23  buildings and advancing historic preservation in the City of

24  St. Augustine.  Additionally, the department may appropriate

25  all remaining funds in the Historic St. Augustine Preservation

26  Board Operating Trust Fund to the City of St. Augustine for

27  maintenance of the state-owned buildings and advancing

28  historic preservation in the City of St. Augustine. The

29  Department of State may transfer ownership and responsibility

30  to any artifacts, documents, equipment, and other forms of

31  tangible personal property to the City of St. Augustine to


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    SB 1756                                       Second Engrossed



  1  assist the city in the transition of the management of

  2  state-owned properties. The Department of State is authorized

  3  to use the unexpended balance of up to $500,000 in general

  4  revenue funds, as provided in the 1997-1998 General

  5  Appropriations Act for the St. Augustine Preservation Board,

  6  to enter into contracts with the City of St. Augustine to

  7  continue the operations and maintenance of historic

  8  properties.

  9         Section 3.  Effective October 1, 2001, section 267.172,

10  Florida Statutes, is amended to read:

11         267.172  Tallahassee; Florida Keys; contracts for

12  historic preservation.--In order to continue the work

13  performed by the Historic Tallahassee Preservation Board of

14  Trustees and the Historic Florida Keys Preservation Board of

15  Trustees, the Department of State may contract with

16  not-for-profit corporations established for the purpose of

17  advancing historic preservation in these areas to manage the

18  various state-owned properties presently managed by the

19  Historic Tallahassee Preservation Board of Trustees and the

20  Historic Florida Keys Preservation Board of Trustees. The

21  contract, which shall at a minimum contain those requirements

22  provided in s. 267.17, for citizen support organizations,

23  including the use of public property and the performance of an

24  annual audit, shall provide that the not-for-profit

25  corporations may use all proceeds derived from the management

26  of state-owned buildings and for the purpose of advancing

27  historic preservation in their areas. Additionally, the

28  department may appropriate all remaining funds in the Historic

29  Florida Keys Preservation Board Operating Trust Fund and the

30  Historic Tallahassee Preservation Board Operating Trust Fund

31  to the not-for-profit corporations for their use.


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    SB 1756                                       Second Engrossed



  1         Section 4.  Subsections (1), (2), and (5)  of section

  2  288.012, Florida Statutes, are amended to read:

  3         288.012  State of Florida foreign offices.--The

  4  Legislature finds that the expansion of international trade

  5  and tourism is vital to the overall health and growth of the

  6  economy of this state. This expansion is hampered by the lack

  7  of technical and business assistance, financial assistance,

  8  and information services for businesses in this state. The

  9  Legislature finds that these businesses could be assisted by

10  providing these services at State of Florida foreign offices.

11  The Legislature further finds that the accessibility and

12  provision of services at these offices can be enhanced through

13  cooperative agreements or strategic alliances between state

14  entities, local entities, foreign entities, and private

15  businesses.

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

17  Development is authorized to:

18         (a)  Establish and operate offices in foreign countries

19  for the purpose of promoting the trade and economic

20  development of the state, and promoting the gathering of trade

21  data information and research on trade opportunities in

22  specific countries.

23         (b)  Enter into agreements with governmental and

24  private sector entities to establish and operate offices in

25  foreign countries containing provisions which may be in

26  conflict with general laws of the state pertaining to the

27  purchase of office space, employment of personnel, and

28  contracts for services. When agreements pursuant to this

29  section are made which set compensation in foreign currency,

30  such agreements shall be subject to the requirements of s.

31  215.425, but the purchase of foreign currency by the Office of


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    SB 1756                                       Second Engrossed



  1  Tourism, Trade, and Economic Development to meet such

  2  obligations shall be subject only to s. 216.311.

  3         (c)  By September 1, 1997, the Office of Tourism,

  4  Trade, and Economic Development shall develop a plan for the

  5  disposition of the current foreign offices and the development

  6  and location of additional foreign offices.  The plan shall

  7  include, but is not limited to, a determination of the level

  8  of funding needed to operate the current offices and any

  9  additional offices and whether any of the current offices need

10  to be closed or relocated. Enterprise Florida, Inc., the

11  Florida Tourism Commission, the Florida Ports Council, the

12  Department of State, the Department of Citrus, and the

13  Department of Agriculture shall assist the Office of Tourism,

14  Trade, and Economic Development in the preparation of the

15  plan.  All parties shall cooperate on the disposition or

16  establishment of the offices and ensure that needed space,

17  technical assistance, and support services are provided to

18  such entities at such foreign offices.

19         (2)  By June 30, 1998, Each foreign office shall have

20  in place an operational plan approved by the participating

21  boards or other governing authority, a copy of which shall be

22  provided to the Office of Tourism, Trade, and Economic

23  Development.  These operating plans shall be reviewed and

24  updated each fiscal year and shall include, at a minimum, the

25  following:

26         (a)  Specific policies and procedures encompassing the

27  entire scope of the operation and management of each office.

28         (b)  A comprehensive, commercial strategic plan

29  identifying marketing opportunities and industry sector

30  priorities for the foreign country or area in which a foreign

31  office is located.


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    SB 1756                                       Second Engrossed



  1         (c)  Provisions for access to information for Florida

  2  businesses through the Florida Trade Data Center.  Each

  3  foreign office shall obtain and forward trade leads and

  4  inquiries to the center on a regular basis as called for in

  5  the plan pursuant to paragraph (1)(c).

  6         (d)  Identification of new and emerging market

  7  opportunities for Florida businesses.  Each foreign office

  8  shall provide the Florida Trade Data Center with a compilation

  9  of foreign buyers and importers in industry sector priority

10  areas on an annual basis.  In return, the Florida Trade Data

11  Center shall make available to each foreign office, and to

12  Enterprise Florida, Inc., the Florida Commission on Tourism,

13  the Florida Ports Council, the Department of State, the

14  Department of Citrus, and the Department of Agriculture the

15  entities identified in paragraph (1)(c), trade industry,

16  commodity, and opportunity information as specified in the

17  plan required in that paragraph.  This information shall be

18  provided to such the offices and the entities identified in

19  paragraph (1)(c) either free of charge or on a fee basis with

20  fees set only to recover the costs of providing the

21  information.

22         (e)  Provision of access for Florida businesses to the

23  services of the Florida Trade Data Center, international trade

24  assistance services provided by state and local entities,

25  seaport and airport information, and other services identified

26  by the Office of Tourism, Trade, and Economic Development in

27  the plan pursuant to paragraph (1)(c).

28         (f)  Qualitative and quantitative performance measures

29  for each office, including, but not limited to, the number of

30  businesses assisted, the number of trade leads and inquiries

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    SB 1756                                       Second Engrossed



  1  generated, the number of foreign buyers and importers

  2  contacted, and the amount and type of marketing conducted.

  3         (5)  Where feasible and appropriate, and subject to s.

  4  288.1224(9)(10), foreign offices established and operated

  5  under this section may provide one-stop access to the economic

  6  development, trade, and tourism information, services, and

  7  programs of the state.  Where feasible and appropriate, and

  8  subject to s. 288.1224(9)(10), such offices may also be

  9  collocated with other foreign offices of the state.

10         Section 5.  Paragraph (a) of subsection (2) of section

11  288.1223, Florida Statutes, is amended to read:

12         288.1223  Florida Commission on Tourism; creation;

13  purpose; membership.--

14         (2)(a)  The commission shall consist of 17 general

15  tourism-industry-related members appointed by the Governor,

16  subject to confirmation by the Senate, and 11 additional

17  tourism-industry-related members, appointed by the Governor no

18  later than July 31, 1996, including 3 representatives from the

19  statewide rental car industry, 3 representatives from

20  tourist-related statewide associations, including those that

21  represent hotels, campgrounds, and attractions, 3

22  representatives from county destination marketing

23  organizations, 1 representative from the cruise industry, and

24  1 representative from the airline industry, who will each

25  serve for a term of 2 years, the Governor, and 2 additional ex

26  officio members, who will serve for a term of 2 years,

27  appointed no later than July 31, 1996, including a member of

28  the Senate appointed by the President of the Senate and a

29  member of the House of Representatives appointed by the

30  Speaker of the House of Representatives.

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    SB 1756                                       Second Engrossed



  1         Section 6.  Section 288.1224, Florida Statutes, is

  2  amended to read:

  3         288.1224  Powers and duties.--The commission:

  4         (1)  Notwithstanding the provisions of part I of

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

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

  7  December 31, 1996, with a direct-support organization

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

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

10  as amended, to execute the tourism marketing and promotion

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

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

13  marketing plan. The Office of Tourism, Trade, and Economic

14  Development shall review such contract in an expedient manner

15  and shall timely make any recommendations so as to allow for

16  the date of the contract to be met. The commission shall serve

17  as contract administrator.

18         (2)  Shall advise the Office of Tourism, Trade, and

19  Economic Development and the direct-support organization

20  regarding the domestic and international tourism promotion

21  programs for this state.

22         (3)  Shall be responsible for the prudent use of all

23  public and private funds and shall ensure that the use of such

24  funds is in accordance with all applicable laws, bylaws, and

25  contractual requirements.

26         (4)(a)  Shall recommend the tenets of a 4-year

27  marketing plan to sustain tourism growth, which plan shall be

28  annual in construction and ongoing in nature. Any annual

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

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

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    SB 1756                                       Second Engrossed



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

  2  plan.

  3         (b)  The plan shall include an emergency response

  4  component and research designs.

  5         (c)  The plan shall include provisions for the

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

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

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

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

10  matching private funds shall be divided into four categories.

11  The first category is direct cash contributions, which

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

13  alliances, contributions of stocks and bonds, and partnership

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

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

16  research, and brochure placement and transparencies.  The

17  third category is cooperative advertising, which is the value

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

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

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

21  alliance services contributed, the value of loaned employees,

22  discounted service fees, items contributed for use in

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

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

25  calculated by taking the actual time or space and multiplying

26  by the nonnegotiated unit price for that specific time or

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

28  to avoid duplication in determining media equivalency value,

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

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

31  included. Documentation for the components of the four


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    SB 1756                                       Second Engrossed



  1  categories of private match shall be kept on file for

  2  inspection as determined necessary.

  3         (d)  The plan shall include recommendations regarding

  4  specific performance standards and measurable outcomes for the

  5  commission and its direct-support organization. The

  6  commission, in consultation with the Office of Program Policy

  7  Analysis and Government Accountability, shall develop a plan

  8  for monitoring its operations to ensure that performance data

  9  are maintained and supported by records of the organization.

10         (e)  Prior to the 2000 Regular Session of the

11  Legislature, the Office of Program Policy Analysis and

12  Government Accountability shall conduct a review of, and

13  prepare a report on, the Florida Commission on Tourism and its

14  direct-support organization.  The review shall be

15  comprehensive in its scope, but, at a minimum, must be

16  conducted in such a manner as to specifically determine:

17         1.  The progress toward achieving the established

18  outcomes.

19         2.  The circumstances contributing to the

20  organization's ability to achieve, not achieve, or exceed its

21  established outcomes.

22         3.  Whether it would be sound public policy to continue

23  or discontinue funding the organization, and the consequences

24  of discontinuing the organization.

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26  The report shall be submitted by January 1, 2000, to the

27  President of the Senate, the Speaker of the House of

28  Representatives, the Senate Minority Leader, and the House

29  Minority Leader.

30         (e)(f)  Prior to the 2003 Regular Session of the

31  Legislature, the Office of Program Policy Analysis and


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    SB 1756                                       Second Engrossed



  1  Government Accountability shall conduct a another review of,

  2  and prepare a report on, the Florida Commission on Tourism and

  3  its direct-support organization, using the criteria prescribed

  4  in paragraph (e). The review shall be comprehensive in its

  5  scope, but, at a minimum, must be conducted in such a manner

  6  as to specifically determine:

  7         1.  The progress toward achieving the established

  8  outcomes.

  9         2.  The circumstances contributing to the

10  organization's ability to achieve, not achieve, or exceed its

11  established outcomes.

12         3.  Whether it would be sound public policy to continue

13  or discontinue funding the organization, and the consequences

14  of discontinuing the organization.

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16  The report shall be submitted by January 1, 2003, to the

17  President of the Senate, the Speaker of the House of

18  Representatives, the Senate Minority Leader, and the House

19  Minority Leader.

20         (5)  Shall develop an operational structure for

21  implementation no later than December 31, 1996, to carry out

22  the marketing plan recommended by the commission pursuant to

23  this section.

24         (6)  May appear on its own behalf before boards,

25  commissions, departments, or other agencies of municipal,

26  county, state, or federal government.

27         (7)  In the performance of its duties, may undertake or

28  commission marketing research and advertising research

29  studies.

30         (a)  The identity of any person who responds to a

31  marketing or advertising research project conducted pursuant


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    SB 1756                                       Second Engrossed



  1  to this subsection, and trade secrets, as defined by s.

  2  812.081, obtained pursuant to such research, are confidential

  3  and exempt from the provisions of s. 119.07(1) and s. 24(a),

  4  Art. I of the State Constitution.

  5         (b)  Any person who violates the provisions of this

  6  subsection commits a misdemeanor of the first degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         (8)  Shall consult with tourism industry leaders,

  9  appropriate members of the legislative and executive branches,

10  and others the commission deems necessary to identify and

11  recommend to the Legislature by December 31, 1996, additional

12  funding sources as may be required to fulfill the long-range

13  objectives of the commission's marketing plan.

14         (8)(9)  Shall develop a budget, in conjunction with the

15  Office of Tourism, Trade, and Economic Development, and in

16  keeping with the commission's 4-year marketing plan, for the

17  operation and activities of the commission and for the

18  provision of tourism promotion programs, services, and

19  functions through a contract with a direct-support

20  organization created for such purposes. The budget shall be

21  submitted to the Governor.

22         (9)(10)  Is authorized to establish and operate tourism

23  offices in foreign countries in the execution of its

24  responsibilities for promoting the development of tourism. To

25  facilitate the performance of these responsibilities, the

26  commission is authorized to contract with the commission's

27  direct-support organization to establish and administer such

28  offices. Where feasible, appropriate, and recommended by the

29  4-year marketing plan, the commission may collocate the

30  programs of foreign tourism offices in cooperation with any

31  foreign office operated by any agency of this state.


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    SB 1756                                       Second Engrossed



  1         (a)  The commission, or its direct-support

  2  organization, may enter into agreements necessary to establish

  3  and operate an office in a foreign country containing

  4  provisions which may be in conflict with general laws of the

  5  state pertaining to the purchase of office space, employment

  6  of personnel, and contracts for services. When agreements

  7  pursuant to this section are made which set compensation in

  8  foreign currency, such agreements shall be subject to the

  9  requirements of s. 215.425, but the purchase of foreign

10  currency by the commission, or its direct-support

11  organization, to meet such obligations shall be subject only

12  to s. 216.311.

13         (b)  The Florida Commission on Tourism, or its

14  direct-support organization, in connection with the

15  establishment, operation, and management of any of its tourism

16  offices located in a foreign country, is exempt from the

17  provisions of ss. 255.21, 255.25, and 255.254 relating to

18  leasing of buildings; ss. 283.33 and 283.35 relating to bids

19  for printing; ss. 287.001-287.20 relating to purchasing and

20  motor vehicles; and ss. 282.003-282.111 relating to

21  communications, and from all statutory provisions relating to

22  state employment, if the laws, administrative code, or

23  business practices or customs of the foreign country, or

24  political or administrative subdivision thereof, in which such

25  office is located are in conflict with these provisions.

26         (10)(11)  Shall receive staff support from the Florida

27  Tourism Industry Marketing Corporation and shall not employ

28  any additional staff.  The president and chief executive

29  officer of the Florida Tourism Industry Marketing Corporation

30  shall serve without compensation as the executive director of

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


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    SB 1756                                       Second Engrossed



  1  the authority to conduct any official business of the

  2  commission, as authorized by the commission.

  3         (11)(12)  Shall establish a statewide advisory

  4  committee of the commission to assist the commission with

  5  implementation of a plan to protect and promote all of the

  6  natural, coastal, historical, and cultural tourism assets of

  7  this state. The duties of the committee shall include, but are

  8  not limited to, helping to develop and review nature-based

  9  tourism and heritage tourism policies, coordinate governmental

10  and private-sector interests in nature-based tourism and

11  heritage tourism, and integrate federal, state, regional, and

12  local nature-based tourism and heritage tourism marketing

13  strategies. The chairman of the commission shall appoint

14  members of the advisory committee based upon recommendations

15  from the commission. Members shall include:

16         (a)  A representative of each of the following state

17  governmental organizations: the Department of Agriculture, the

18  Department of Environmental Protection, the Department of

19  Community Affairs, the Department of Transportation, the

20  Department of State, the Florida Greenways Coordinating

21  Council, and the Florida Fish and Wildlife Conservation

22  Commission.

23         (b)  A representative of Enterprise Florida, Inc.

24         (c)  Representatives of regional nature-based tourism

25  or heritage tourism committees or associations that are

26  established by local tourism organizations throughout the

27  state.

28         (d)  Representatives of the private sector with

29  experience in environmental, historical, cultural,

30  recreational, or other tourism-related activities.

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    SB 1756                                       Second Engrossed



  1         (e)  Representatives of two not-for-profit

  2  environmental organizations with expertise in environmental

  3  resource protection and land management.

  4         (f)  A representative from a local economic development

  5  organization serving a rural community.

  6         (g)  A representative from a local economic development

  7  organization serving a nonrural community.

  8         (h)  Representatives from any other organizations that

  9  the chairman of the commission, based upon recommendations

10  from the commission, deems appropriate.

11         (12)(13)  Shall incorporate nature-based tourism and

12  heritage tourism components into its comprehensive tourism

13  marketing plan for the state, including, but not limited to:

14         (a)  Promoting travel experiences that combine visits

15  to commercial destinations in the state with visits to

16  nature-based or heritage-based sites in the state;

17         (b)  Promoting travel experiences that combine visits

18  to multiple nature-based or heritage-based sites within a

19  region or within two or more regions in the state;

20         (c)  Assisting local and regional tourism organizations

21  in incorporating nature-based tourism and heritage tourism

22  components into local marketing plans and in establishing

23  cooperative local or regional advisory committees on

24  nature-based tourism and heritage tourism;

25         (d)  Working with local and regional tourism

26  organizations to identify nature-based tourism and heritage

27  tourism sites, including identifying private-sector businesses

28  engaged in activities supporting or related to nature-based

29  tourism and heritage tourism; and

30         (e)  Providing guidance to local and regional economic

31  development organizations on the identification, enhancement,


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    SB 1756                                       Second Engrossed



  1  and promotion of nature-based tourism and heritage tourism

  2  assets as a component of the overall job-creating efforts of

  3  such organizations.

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  5  The marketing plan shall include specific provisions for

  6  directing tourism promotion resources toward promotion and

  7  development of nature-based tourism and heritage tourism. The

  8  marketing plan shall also include provisions specifically

  9  addressing promotion and development of nature-based tourism

10  and heritage tourism in rural communities in the state.

11         Section 7.  Subsections (3) and (4) of section 509.215,

12  Florida Statutes, are repealed.

13         Section 8.  This act shall take effect upon becoming a

14  law.

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