Senate Bill 2076c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                           CS for SB 2076

    By the Committee on Governmental Oversight and Productivity;
    and Senator Kirkpatrick




    302-2197-00

  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                           CS for SB 2076
    302-2197-00




  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 authorized 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  that the entity that has contracted with the office is no

22  longer approved to operate for or on behalf of the state, the

23  contract is terminated, or the entity is dissolved. In the

24  event that the entity is no longer approved to operate on

25  behalf of the state, the contract with the entity is

26  terminated, or the entity is dissolved, the entity shall cease

27  incurring debt, and all assets of the entity held in trust for

28  the state shall revert to the state for use by the office for

29  satisfaction of outstanding debt. After such satisfaction, all

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

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

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    Florida Senate - 2000                           CS for SB 2076
    302-2197-00




  1  contracted party held in trust include money, whether from

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

  3  tangible and intangible property. The provisions of this

  4  paragraph are deemed to be part of each contract that the

  5  office enters into with Enterprise Florida, Inc., the Florida

  6  Commission on Tourism, and the direct-support organization

  7  created under s. 288.1229.

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

  9  Statutes, is amended to read:

10         288.1224  Powers and duties.--The commission:

11         (1)  Notwithstanding the provisions of part I of

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

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

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

15  Corporation, a direct-support organization of the commission

16  required by s. 288.1226 a direct-support organization

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

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

19  as amended, to execute the tourism marketing and promotion

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

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

22  marketing plan. The contract shall provide for recovery of

23  state assets in a manner consistent with the provisions of

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

25  Tourism, Trade, and Economic Development shall review such

26  contract in an expedient manner and shall timely make any

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

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

29  In the event that the corporation is no longer approved to

30  operate for or on behalf of the state, the contract with the

31  corporation is terminated, or the corporation is dissolved,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 2076
    302-2197-00




  1  all assets of the corporation held in trust for the state

  2  shall revert to the state for use by the Office of Tourism,

  3  Trade, and Economic Development for satisfaction of

  4  outstanding debt. After such satisfaction, all assets

  5  remaining shall be used to carry out the duties of the office

  6  under s. 14.2015 and this chapter. Assets of the corporation

  7  held in trust for the state include money, whether from

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

  9  tangible and intangible personal property. The provisions of

10  this subsection are deemed to be part of the contract that the

11  office enters into with the Florida Tourism Industry Marketing

12  Corporation.

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

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                             SB 2076

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18  Makes technical and grammatical changes.

19  Provides that provisions requiring return of state property
    held in trust by corporation apply not only in event of
20  dissolution of corporation, but in the event corporation is no
    longer approved to operate on behalf of state or contract is
21  terminated.

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