Senate Bill 2076
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Florida Senate - 2000 SB 2076
By Senator Kirkpatrick
5-1607-00
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 to serve as contract
6 administrator for the state in contracts with
7 Enterprise Florida, Inc., the Florida
8 Commission on Tourism, and the direct-support
9 organization created to promote the sports
10 industry; providing for assets held in trust by
11 the contracted party upon dissolution of the
12 contracted party or termination of the contract
13 to be reverted to the state for use by the
14 office; amending s. 288.1224, F.S.; revising
15 provisions relating to the Florida Commission
16 on Tourism's contract with the Florida Tourism
17 Industry Marketing Corporation; providing for
18 assets held in trust by the corporation upon
19 dissolution of the corporation or termination
20 of the contract to be reverted to the state for
21 use by the office; providing an effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Paragraph (g) of subsection (2) of section
26 14.2015, Florida Statutes, is amended to read:
27 14.2015 Office of Tourism, Trade, and Economic
28 Development; creation; powers and duties.--
29 (2) The purpose of the Office of Tourism, Trade, and
30 Economic Development is to assist the Governor in working with
31 the Legislature, state agencies, business leaders, and
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Florida Senate - 2000 SB 2076
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1 economic development professionals to formulate and implement
2 coherent and consistent policies and strategies designed to
3 provide economic opportunities for all Floridians. To
4 accomplish such purposes, the Office of Tourism, Trade, and
5 Economic Development shall:
6 (g) Serve as contract administrator for the state with
7 respect to contracts with Enterprise Florida, Inc., the
8 Florida Commission on Tourism, and the direct-support
9 organization created under s. 288.1229 all direct-support
10 organizations under this act, excluding those relating to
11 tourism. To accomplish the provisions of this act and
12 applicable provisions of chapter 288, and notwithstanding the
13 provisions of part I of chapter 287, the office shall enter
14 into specific contracts with Enterprise Florida, Inc., the
15 Florida Commission on Tourism, and the direct-support
16 organization created under s. 288.1229 other appropriate
17 direct-support organizations. Such contracts may be multiyear,
18 and shall include specific performance measures for each year,
19 and shall provide for recovery of state assets in a manner
20 consistent with the provisions of this paragraph in the event
21 of termination. Upon dissolution of the party contracting with
22 the office, the contracted party shall cease incurring debt,
23 and all assets of the contracted party held in trust shall be
24 reverted to the state for use by the office for satisfaction
25 of outstanding debt. After such satisfaction, all assets
26 remaining shall be used by the office for carrying out its
27 duties under this section and chapter 288. Assets of the
28 contracted party held in trust include money, whether from
29 public, private, or third-party sources; real property; and
30 tangible and intangible personal property. The provisions for
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Florida Senate - 2000 SB 2076
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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
26 in trust shall be reverted to the state for use by the Office
27 of Tourism, Trade, and Economic Development for satisfaction
28 of outstanding debt. After such satisfaction, all assets
29 remaining shall be used to carry out the duties of the office
30 under s. 14.2015 and this chapter. Assets of the corporation
31 held in trust include money, whether from public, private, or
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Florida Senate - 2000 SB 2076
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1 third-party sources; real property; and tangible and
2 intangible personal property. The provisions for dissolution
3 contained in this subsection shall be deemed to be part of the
4 contract.
5 Section 3. This act shall take effect July 1, 2000.
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8 SENATE SUMMARY
9 Provides that, on dissolution of the contracted party in
a contract between the Office of Tourism, Trade, and
10 Economic Development and Enterprise Florida, Inc., the
Florida Commission on Tourism, and the direct-support
11 organization created to promote the sports industry, or
the dissolution of the Florida Tourism Industry Marketing
12 Corporation, the assets of the contracted party or the
corporation revert to the state for use by the
13 department.
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