Senate Bill 2548

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    Florida Senate - 2000                                  SB 2548

    By Senator Kirkpatrick





    5-1495A-00

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 14.2015, F.S.; eliminating

  4         administrative responsibility of the Office of

  5         Tourism, Trade, and Economic Development for

  6         the sports franchise facility program, the

  7         professional golf hall of fame facility

  8         program, the Regional Rural Development Grants

  9         Program, the Certified Capital Company Act, and

10         the Florida State Rural Development Council;

11         eliminating authority for the Office of

12         Tourism, Trade, and Economic Development to

13         enter into contracts in connection with duties

14         relating to the Florida First Business Bond

15         Pool, the Certified Capital Company Act, and

16         foreign offices; conforming terminology;

17         amending s. 159.8083, F.S.; providing for

18         Enterprise Florida, Inc., to recommend Florida

19         First Business projects to the Office of

20         Tourism, Trade, and Economic Development;

21         providing for consultation; amending s.

22         288.012, F.S.; revising the authority of the

23         Office of Tourism, Trade, and Economic

24         Development to establish foreign offices;

25         providing for the office to approve the

26         establishment and operation of such offices by

27         Enterprise Florida, Inc., and the Florida

28         Commission on Tourism; providing for foreign

29         offices to submit updated operating plans and

30         activity reports; amending s. 288.018, F.S.;

31         providing for Enterprise Florida, Inc., to

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  1         administer the Regional Rural Development

  2         Grants Program and make recommendations for

  3         approval by the Office of Tourism, Trade, and

  4         Economic Development; amending s. 288.1162,

  5         F.S.; providing for a specified direct-support

  6         organization to administer the professional

  7         sports franchises and spring training

  8         franchises facilities programs; providing for

  9         final approval of decisions under such programs

10         by the Office of Tourism, Trade, and Economic

11         Development; amending s. 288.1168, F.S.;

12         deleting obsolete provisions relating to

13         certification of the professional golf hall of

14         fame; providing for a specified direct-support

15         organization to administer that program;

16         amending s. 288.1169, F.S.; providing for a

17         specified direct-support organization to

18         administer the certification program for the

19         International Game Fish Association World

20         Center facility; providing for annual

21         verification of attendance and sales tax

22         revenue projections; transferring, renumbering,

23         and amending s. 288.1185, F.S.; assigning

24         administrative responsibility for the Recycling

25         Markets Advisory Committee to the Department of

26         Environmental Protection; amending s. 288.1223,

27         F.S.; authorizing the Governor to designate a

28         person to serve on the Florida Commission on

29         Tourism and as the chair of the commission;

30         amending s. 288.1226, F.S.; providing for the

31         appointment of the president of the Florida

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  1         Tourism Industry Marketing Corporation and

  2         specifying that the president serves at the

  3         pleasure of the Governor; amending s. 288.1229,

  4         F.S.; requiring an annual report on the status

  5         of specified sports projects; amending s.

  6         288.1251, F.S.; renaming the Office of the Film

  7         Commissioner the Governor's Office of Film and

  8         Entertainment; renaming the Film Commissioner

  9         as the Commissioner of Film and Entertainment;

10         amending s. 288.1252, F.S.; renaming the

11         Florida Film Advisory Council the Florida Film

12         and Entertainment Advisory Council; amending s.

13         288.1253, F.S., relating to travel and

14         entertainment expenses; conforming terminology;

15         amending s. 288.901, F.S.; correcting a

16         cross-reference; providing that the Governor's

17         designee may serve as chairperson of the board

18         of directors of Enterprise Florida, Inc.;

19         specifying that at-large members of the board

20         of directors of Enterprise Florida, Inc., shall

21         not have voting authority; amending s.

22         288.9015, F.S.; requiring Enterprise Florida,

23         Inc., to use specified programs to facilitate

24         economic development; amending s. 288.980,

25         F.S.; providing for Enterprise Florida, Inc.,

26         to administer defense grant programs and make

27         recommendations to the Office of Tourism,

28         Trade, and Economic Development on approval of

29         grant awards; amending s. 288.99, F.S.;

30         assigning responsibility for ongoing

31         administration of the Certified Capital Company

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  1         Act to the Department of Banking and Finance;

  2         amending s. 373.4149, F.S.; removing the

  3         director of the Office of Tourism, Trade, and

  4         Economic Development from the membership of the

  5         Miami-Dade County Lake Belt Plan Implementation

  6         Committee; authorizing the Institute of Food

  7         and Agricultural Sciences to contract and

  8         receive money to support the Florida State

  9         Rural Development Council; repealing s.

10         288.039, F.S., relating to the Employing and

11         Training Our Youths (ENTRY) program; providing

12         an effective date.

13

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

15

16         Section 1.  Subsection (2) of section 14.2015, Florida

17  Statutes, is amended to read:

18         14.2015  Office of Tourism, Trade, and Economic

19  Development; creation; powers and duties.--

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

21  Economic Development is to assist the Governor in working with

22  the Legislature, state agencies, business leaders, and

23  economic development professionals to formulate and implement

24  coherent and consistent policies and strategies designed to

25  provide economic opportunities for all Floridians.  To

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

27  Economic Development shall:

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

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

30  under s. 288.1229 to guide, stimulate, and promote the sports

31  industry in the state, to promote the participation of

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

  2  promote Florida as a host for national and international

  3  amateur athletic competitions.

  4         (b)  Monitor the activities of public-private

  5  partnerships and state agencies in order to avoid duplication

  6  and promote coordinated and consistent implementation of

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

  8  international trade and investment; business recruitment,

  9  creation, retention, and expansion; minority and small

10  business development; and rural community development.

11         (c)  Facilitate the direct involvement of the Governor

12  and the Lieutenant Governor in economic development projects

13  designed to create, expand, and retain Florida businesses and

14  to recruit worldwide business, as well as in other

15  job-creating efforts.

16         (d)  Assist the Governor, in cooperation with

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

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

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

20  of economic development in Florida which will include the

21  identification of problems and the recommendation of

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

23  the Senate, the Speaker of the House of Representatives, the

24  Senate Minority Leader, and the House Minority Leader by

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

26  Governor's message to the Legislature under the State

27  Constitution and any other economic reports required by law.

28         (e)  Plan and conduct at least one meeting per calendar

29  year of leaders in business, government, and economic

30  development called by the Governor to address the business

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

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  1  future of the state, and identify economic development efforts

  2  to fulfill that vision.

  3         (f)1.  Administer the Florida Enterprise Zone Act under

  4  ss. 290.001-290.016, the community contribution tax credit

  5  program under ss. 220.183 and 624.5105, the tax refund program

  6  for qualified target industry businesses under s. 288.106, the

  7  tax-refund program for qualified defense contractors under s.

  8  288.1045, contracts for transportation projects under s.

  9  288.063, the sports franchise facility program under s.

10  288.1162, the professional golf hall of fame facility program

11  under s. 288.1168, the expedited permitting process under s.

12  403.973, the Rural Community Development Revolving Loan Fund

13  under s. 288.065, the Regional Rural Development Grants

14  Program under s. 288.018, the Certified Capital Company Act

15  under s. 288.99, the Florida State Rural Development Council,

16  the Rural Economic Development Initiative, and other programs

17  that are specifically assigned to the office by law, by the

18  appropriations process, or by the Governor. Notwithstanding

19  any other provisions of law, the office may expend interest

20  earned from the investment of program funds deposited in the

21  Economic Development Trust Fund, the Grants and Donations

22  Trust Fund, the Brownfield Property Ownership Clearance

23  Assistance Revolving Loan Trust Fund, and the Economic

24  Development Transportation Trust Fund to contract for the

25  administration of the programs, or portions of the programs,

26  enumerated in this paragraph or assigned to the office by law,

27  by the appropriations process, or by the Governor. Such

28  expenditures shall be subject to review under chapter 216.

29         2.  The office may enter into contracts in connection

30  with the fulfillment of its duties concerning the Florida

31  First Business Bond Pool under chapter 159, tax incentives

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

  2  Capital Company Act in chapter 288, foreign offices under

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

  4  the Seaport Employment Training program under chapter 311, the

  5  Florida Professional Sports Team License Plates under chapter

  6  320, Spaceport Florida under chapter 331, Expedited Permitting

  7  under chapter 403, and in carrying out other functions that

  8  are specifically assigned to the office by law, by the

  9  appropriations process, or by the Governor.

10         (g)  Serve as contract administrator for the state with

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

12  Florida Commission on Tourism, and all direct-support

13  organizations under this act, excluding those relating to

14  tourism.  To accomplish the provisions of this act and

15  applicable provisions of chapter 288, and notwithstanding the

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

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

18  Florida Commission on Tourism, and other appropriate

19  direct-support organizations. Such contracts may be multiyear

20  and shall include specific performance measures for each year.

21         (h)  Provide administrative oversight for the

22  Governor's Office of the Film and Entertainment Commissioner,

23  created under s. 288.1251, to develop, promote, and provide

24  services to the state's entertainment industry and to

25  administratively house the Florida Film and Entertainment

26  Advisory Council created under s. 288.1252.

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

28  unified budget request for tourism, trade, and economic

29  development in accordance with chapter 216 for, and in

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

31  the Florida Commission on Tourism and its direct-support

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  1  organization, the Florida Black Business Investment Board, the

  2  Governor's Office of the Film and Entertainment Commissioner,

  3  and the direct-support organization created to promote the

  4  sports industry.

  5         (j)  Adopt rules, as necessary, to carry out its

  6  functions in connection with the administration of the

  7  Qualified Target Industry program, the Qualified Defense

  8  Contractor program, the Certified Capital Company Act, the

  9  Enterprise Zone program, and the Florida First Business Bond

10  pool.

11         Section 2.  Section 159.8083, Florida Statutes, is

12  amended to read:

13         159.8083  Florida First Business allocation pool.--The

14  Florida First Business allocation pool is hereby established.

15  The Florida First Business allocation pool shall be available

16  solely to provide written confirmation for private activity

17  bonds to finance Florida First Business projects recommended

18  by Enterprise Florida, Inc., and certified by the Office of

19  Tourism, Trade, and Economic Development as eligible to

20  receive a written confirmation. Allocations from such pool

21  shall be awarded statewide pursuant to procedures specified in

22  s. 159.805, except that the provisions of s. 159.805(2), (3),

23  and (6) do not apply. Florida First Business projects that are

24  eligible for a carryforward shall not lose their allocation on

25  November 16 if they have applied and have been granted a

26  carryforward.  In issuing written confirmations of allocations

27  for Florida First Business projects, the division shall use

28  the Florida First Business allocation pool. If allocation is

29  not available from the Florida First Business allocation pool,

30  the division shall issue written confirmations of allocations

31  for Florida First Business projects pursuant to s. 159.806 or

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  1  s. 159.807, in such order.  For the purpose of determining

  2  priority within a regional allocation pool or the state

  3  allocation pool, notices of intent to issue bonds for Florida

  4  First Business projects to be issued from a regional

  5  allocation pool or the state allocation pool shall be

  6  considered to have been received by the division at the time

  7  it is determined by the division that the Florida First

  8  Business allocation pool is unavailable to issue confirmation

  9  for such Florida First Business project.  If the total amount

10  requested in notices of intent to issue private activity bonds

11  for Florida First Business projects exceeds the total amount

12  of the Florida First Business allocation pool, the director

13  shall forward all timely notices of intent to issue, which are

14  received by the division for such projects, to the Office of

15  Tourism, Trade, and Economic Development which shall render a

16  decision as to which notices of intent to issue are to receive

17  written confirmations. The Office of Tourism, Trade, and

18  Economic Development, in consultation with the division and

19  Enterprise Florida, Inc., shall develop rules to ensure that

20  the allocation provided in such pool is available solely to

21  provide written confirmations for private activity bonds to

22  finance Florida First Business projects and that such projects

23  are feasible and financially solvent.

24         Section 3.  Section 288.012, Florida Statutes, is

25  amended to read:

26         288.012  State of Florida foreign offices.--The

27  Legislature finds that the expansion of international trade

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

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

30  of technical and business assistance, financial assistance,

31  and information services for businesses in this state. The

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  1  Legislature finds that these businesses could be assisted by

  2  providing these services at State of Florida foreign offices.

  3  The Legislature further finds that the accessibility and

  4  provision of services at these offices can be enhanced through

  5  cooperative agreements or strategic alliances between state

  6  entities, local entities, foreign entities, and private

  7  businesses.

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

  9  Development is authorized to:

10         (a)  approve the establishment and operation by

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

12  Tourism of Establish and operate offices in foreign countries

13  for the purpose of promoting the trade and economic

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

15  data information and research on trade opportunities in

16  specific countries.

17         (b)  Enterprise Florida, Inc., and the Florida

18  Commission on Tourism, as agents for the Office of Tourism,

19  Trade, and Economic Development, may enter into agreements

20  with governmental and private sector entities to establish and

21  operate offices in foreign countries containing provisions

22  which may be in conflict with general laws of the state

23  pertaining to the purchase of office space, employment of

24  personnel, and contracts for services. When agreements

25  pursuant to this section are made which set compensation in

26  foreign currency, such agreements shall be subject to the

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

28  currency by the Office of Tourism, Trade, and Economic

29  Development to meet such obligations shall be subject only to

30  s. 216.311.

31

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

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

  3  disposition of the current foreign offices and the development

  4  and location of additional foreign offices.  The plan shall

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

  6  of funding needed to operate the current offices and any

  7  additional offices and whether any of the current offices need

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

  9  Florida Tourism Commission, the Florida Ports Council, the

10  Department of State, the Department of Citrus, and the

11  Department of Agriculture shall assist the Office of Tourism,

12  Trade, and Economic Development in the preparation of the

13  plan.  All parties shall cooperate on the disposition or

14  establishment of the offices and ensure that needed space,

15  technical assistance, and support services are provided to

16  such entities at such foreign offices.

17         (2)  By June 30, 1998, each foreign office shall have

18  in place an operational plan approved by the participating

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

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

21  Development.  These operating plans shall be reviewed and

22  updated each fiscal year and submitted annually thereafter to

23  Enterprise Florida, Inc., or the Florida Commission on Tourism

24  for review and approval. The plans shall include, at a

25  minimum, the 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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  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 annually on an annual basis. In return, the Florida

11  Trade Data Center shall make available to each foreign office,

12  and to the entities identified in paragraph (1)(c), trade

13  industry, commodity, and opportunity information as specified

14  in the plan required in that paragraph.  This information

15  shall be provided to the offices and the entities identified

16  in paragraph (1)(c) either free of charge or on a fee basis

17  with fees set only to recover the costs of providing the

18  information.

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

20  services of the Florida Trade Data Center, international trade

21  assistance services provided by state and local entities,

22  seaport and airport information, and other services identified

23  in the plan pursuant to paragraph (1)(c).

24         (f)  Qualitative and quantitative performance measures

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

26  businesses assisted, the number of trade leads and inquiries

27  generated, the number of foreign buyers and importers

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

29         (3)  By October 1 of each year, each foreign office

30  shall submit to Enterprise Florida, Inc., or the Florida

31  Commission on Tourism the Office of Tourism, Trade, and

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  1  Economic Development a complete and detailed report on its

  2  activities and accomplishments during the preceding fiscal

  3  year. In a format provided by Enterprise Florida, Inc., the

  4  report must set forth information on:

  5         (a)  The number of Florida companies assisted.

  6         (b)  The number of inquiries received about investment

  7  opportunities in this state.

  8         (c)  The number of trade leads generated.

  9         (d)  The number of investment projects announced.

10         (e)  The estimated U.S. dollar value of sales

11  confirmations.

12         (f)  The number of representation agreements.

13         (g)  The number of company consultations.

14         (h)  Barriers or other issues affecting the effective

15  operation of the office.

16         (i)  Changes in office operations which are planned for

17  the current fiscal year.

18         (j)  Marketing activities conducted.

19         (k)  Strategic alliances formed with organizations in

20  the country in which the office is located.

21         (l)  Activities conducted with other Florida foreign

22  offices.

23         (m)  Any other information that the office believes

24  would contribute to an understanding of its activities.

25         (4)  The Office of Tourism, Trade, and Economic

26  Development, in connection with the establishment, operation,

27  and management of any of the its offices located in a foreign

28  country, is exempt from the provisions of ss. 255.21, 255.25,

29  and 255.254 relating to leasing of buildings; ss. 283.33 and

30  283.35 relating to bids for printing; ss. 287.001-287.20

31  relating to purchasing and motor vehicles; and ss.

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  1  282.003-282.111 relating to communications, and from all

  2  statutory provisions relating to state employment.

  3         (a)  Such exemptions The Office of Tourism, Trade, and

  4  Economic Development may be exercised exercise such exemptions

  5  only upon prior approval of the Governor.

  6         (b)  If approval for an exemption under this section is

  7  granted as an integral part of a plan of operation for a

  8  specified foreign office, such action shall constitute

  9  continuing authority for the Office of Tourism, Trade, and

10  Economic Development to exercise of the exemption, but only in

11  the context and upon the terms originally granted. Any

12  modification of the approved plan of operation with respect to

13  an exemption contained therein must be resubmitted to the

14  Governor for his or her approval. An approval granted to

15  exercise an exemption in any other context shall be restricted

16  to the specific instance for which the exemption is to be

17  exercised.

18         (c)  As used in this subsection, the term "plan of

19  operation" means the plan developed pursuant to subsection

20  (2).

21         (d)  Upon final action by the Governor with respect to

22  a request to exercise the exemption authorized in this

23  subsection, the Office of Tourism, Trade, and Economic

24  Development shall report such action, along with the original

25  request and any modifications thereto, to the President of the

26  Senate and the Speaker of the House of Representatives within

27  30 days.

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

29  288.1224(10), foreign offices established and operated under

30  this section may provide one-stop access to the economic

31  development, trade, and tourism information, services, and

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

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

  3  collocated with other foreign offices of the state.

  4         (6)  The Office of Tourism, Trade, and Economic

  5  Development is authorized to make and to enter into contracts

  6  with Enterprise Florida, Inc., and the Florida Commission on

  7  Tourism to carry out the provisions of this section.  The

  8  authority, duties, and exemptions provided in this section

  9  apply to Enterprise Florida, Inc., and the Florida Commission

10  on Tourism to the same degree and subject to the same

11  conditions as applied to the Office of Tourism, Trade, and

12  Economic Development. To the greatest extent possible, such

13  contracts shall include provisions for cooperative agreements

14  or strategic alliances between state entities, foreign

15  entities, local entities, and private businesses to operate

16  foreign offices.

17         Section 4.  Section 288.018, Florida Statutes, is

18  amended to read:

19         288.018  Regional Rural Development Grants Program.--

20         (1)  Enterprise Florida, Inc., shall administer The

21  Office of Tourism, Trade, and Economic Development shall

22  establish a matching grant program to provide funding to

23  regionally based economic development organizations

24  representing rural counties and communities for the purpose of

25  building the professional capacity of their organizations.

26  Upon recommendation by Enterprise Florida, Inc., the Office of

27  Tourism, Trade, and Economic Development is authorized to

28  approve, on an annual basis, grants to such regionally based

29  economic development organizations. The maximum amount an

30  organization may receive in any year will be $35,000, or

31  $100,000 in a rural area of critical economic concern

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  1  recommended by the Rural Economic Development Initiative and

  2  designated by the Governor, and must be matched each year by

  3  an equivalent amount of nonstate resources.

  4         (2)  In recommending the awards for funding, Enterprise

  5  Florida, Inc., approving the participants, the Office of

  6  Tourism, Trade, and Economic Development shall consider the

  7  demonstrated need of the applicant for assistance and require

  8  the following:

  9         (a)  Documentation of official commitments of support

10  from each of the units of local government represented by the

11  regional organization.

12         (b)  Demonstration that each unit of local government

13  has made a financial or in-kind commitment to the regional

14  organization.

15         (c)  Demonstration that the private sector has made

16  financial or in-kind commitments to the regional organization.

17         (d)  Demonstration that the organization is in

18  existence and actively involved in economic development

19  activities serving the region.

20         (e)  Demonstration of the manner in which the

21  organization is or will coordinate its efforts with those of

22  other local and state organizations.

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

24  Development may approve awards expend up to a total of

25  $600,000 each fiscal year from funds appropriated to the Rural

26  Community Development Revolving Loan Fund for the purposes

27  outlined in this section.

28         Section 5.  Subsections (1), (2), (4), (6), (8), and

29  (10) of section 288.1162, Florida Statutes, are amended to

30  read:

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  1         288.1162  Professional sports franchises; spring

  2  training franchises; duties.--

  3         (1)  The direct-support organization authorized under

  4  s. 288.1229 Office of Tourism, Trade, and Economic Development

  5  shall serve as the state agency for screening applicants and

  6  shall make recommendations to the Office of Tourism, Trade,

  7  and Economic Development for state funding pursuant to s.

  8  212.20 and for certifying an applicant as a "facility for a

  9  new professional sports franchise," a "facility for a retained

10  professional sports franchise," or a "new spring training

11  franchise facility." The Office of Tourism, Trade, and

12  Economic Development shall have the final approval for any

13  decision under this section.

14         (2)  The direct-support organization authorized under

15  s. 288.1229 Office of Tourism, Trade, and Economic Development

16  shall develop guidelines rules for the receipt and processing

17  of applications for funding pursuant to s. 212.20.

18         (4)  Prior to certifying an applicant as a "facility

19  for a new professional sports franchise" or a "facility for a

20  retained professional sports franchise," the direct-support

21  organization authorized under s. 288.1229 Office of Tourism,

22  Trade, and Economic Development must determine that:

23         (a)  A "unit of local government" as defined in s.

24  218.369 is responsible for the construction, management, or

25  operation of the professional sports franchise facility or

26  holds title to the property on which the professional sports

27  franchise facility is located.

28         (b)  The applicant has a verified copy of a signed

29  agreement with a new professional sports franchise for the use

30  of the facility for a term of at least 10 years, or in the

31

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  1  case of a retained professional sports franchise, an agreement

  2  for use of the facility for a term of at least 20 years.

  3         (c)  The applicant has a verified copy of the approval

  4  from the governing authority of the league in which the new

  5  professional sports franchise exists authorizing the location

  6  of the professional sports franchise in this state after April

  7  1, 1987, or in the case of a retained professional sports

  8  franchise, verified evidence that it has had a

  9  league-authorized location in this state on or before December

10  31, 1976. The term "league" means the National League or the

11  American League of Major League Baseball, the National

12  Basketball Association, the National Football League, or the

13  National Hockey League.

14         (d)  The applicant has projections, verified by the

15  direct-support organization Office of Tourism, Trade, and

16  Economic Development, which demonstrate that the new or

17  retained professional sports franchise will attract a paid

18  attendance of more than 300,000 annually.

19         (e)  The applicant has an independent analysis or

20  study, verified by the direct-support organization Office of

21  Tourism, Trade, and Economic Development, which demonstrates

22  that the amount of the revenues generated by the taxes imposed

23  under chapter 212 with respect to the use and operation of the

24  professional sports franchise facility will equal or exceed $2

25  million annually.

26         (f)  The municipality in which the facility for a new

27  or retained professional sports franchise is located, or the

28  county if the facility for a new or retained professional

29  sports franchise is located in an unincorporated area, has

30  certified by resolution after a public hearing that the

31  application serves a public purpose.

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  1         (g)  The applicant has demonstrated that it has

  2  provided, is capable of providing, or has financial or other

  3  commitments to provide more than one-half of the costs

  4  incurred or related to the improvement and development of the

  5  facility.

  6         (h)  No applicant previously certified under any

  7  provision of this section who has received funding under such

  8  certification shall be eligible for an additional

  9  certification.

10         (6)  Prior to certifying an applicant as a "new spring

11  training franchise facility," the direct-support organization

12  authorized under s. 288.1229 Office of Tourism, Trade, and

13  Economic Development must determine that:

14         (a)  A "unit of local government" as defined in s.

15  218.369 is responsible for the construction, management, or

16  operation of the new spring training franchise facility or

17  holds title to the property on which the new spring training

18  franchise facility is located.

19         (b)  The applicant has a verified copy of a signed

20  agreement with a new spring training franchise for the use of

21  the facility for a term of at least 15 years.

22         (c)  The applicant has a financial commitment to

23  provide 50 percent or more of the funds required by an

24  agreement for the use of the facility by the new spring

25  training franchise.

26         (d)  The proposed facility for the new spring training

27  franchise is located within 20 miles of an interstate or other

28  limited-access highway system.

29         (e)  The applicant has projections, verified by the

30  direct-support organization Office of Tourism, Trade, and

31  Economic Development, which demonstrate that the new spring

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  1  training franchise facility will attract a paid attendance of

  2  at least 50,000 annually.

  3         (f)  The new spring training franchise facility is

  4  located in a county that is levying a tourist development tax

  5  pursuant to s. 125.0104(3)(b), (c), (d), and (l), at the rate

  6  of 4 percent by March 1, 1992, and, 87.5 percent of the

  7  proceeds from such tax are dedicated for the construction of a

  8  spring training complex.

  9         (8)  The direct-support organization authorized under

10  s. 288.1229 Office of Tourism, Trade, and Economic Development

11  shall notify the Department of Revenue of any facility

12  certified as a facility for a new professional sports

13  franchise or a facility for a retained professional sports

14  franchise or as a new spring training franchise facility.  The

15  direct-support organization Office of Tourism, Trade, and

16  Economic Development may certify no more than eight facilities

17  as facilities for a new professional sports franchise, as

18  facilities for a retained professional sports franchise, or as

19  new spring training franchise facilities, including in such

20  total any facilities certified by the Department of Commerce

21  before July 1, 1996, and by the Office of Tourism, Trade, and

22  Economic Development before July 1, 2000. The office may make

23  No more than one certification may be made for any facility.

24         (10)  An applicant shall not be qualified for

25  certification under this section if the franchise formed the

26  basis for a previous certification, unless the previous

27  certification was withdrawn by the facility or invalidated by

28  the direct-support organization authorized under s. 288.1229,

29  the Office of Tourism, Trade, and Economic Development, or the

30  Department of Commerce before any funds were distributed

31  pursuant to s. 212.20. This subsection does not disqualify an

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  1  applicant if the previous certification occurred between May

  2  23, 1993, and May 25, 1993; however, any funds to be

  3  distributed pursuant to s. 212.20 for the second certification

  4  shall be offset by the amount distributed to the previous

  5  certified facility. Distribution of funds for the second

  6  certification shall not be made until all amounts payable for

  7  the first certification have been distributed.

  8         Section 6.  Section 288.1168, Florida Statutes, is

  9  amended to read:

10         288.1168  Professional golf hall of fame facility;

11  duties.--

12         (1)  The Department of Commerce shall serve as the

13  state agency for screening applicants for state funding

14  pursuant to s. 212.20 and for certifying one applicant as the

15  professional golf hall of fame facility in the state.

16         (2)  Prior to certifying the professional golf hall of

17  fame facility, the Department of Commerce must determine that:

18         (a)  The professional golf hall of fame facility is the

19  only professional golf hall of fame in the United States

20  recognized by the PGA Tour, Inc.

21         (b)  The applicant is a unit of local government as

22  defined in s. 218.369 or a private sector group that has

23  contracted to construct or operate the professional golf hall

24  of fame facility on land owned by a unit of local government.

25         (c)  The municipality in which the professional golf

26  hall of fame facility is located, or the county if the

27  facility is located in an unincorporated area, has certified

28  by resolution after a public hearing that the application

29  serves a public purpose.

30

31

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  1         (d)  There are existing projections that the

  2  professional golf hall of fame facility will attract a paid

  3  attendance of more than 300,000 annually.

  4         (e)  There is an independent analysis or study, using

  5  methodology approved by the department, which demonstrates

  6  that the amount of the revenues generated by the taxes imposed

  7  under chapter 212 with respect to the use and operation of the

  8  professional golf hall of fame facility will equal or exceed

  9  $2 million annually.

10         (1)(f)  Prior to certification, the applicant for the

11  certified professional golf hall of fame facility The

12  applicant has submitted an agreement to provide $2 million

13  annually in national and international media promotion of the

14  professional golf hall of fame facility, Florida, and Florida

15  tourism, through the PGA Tour, Inc., or its affiliates, at the

16  then-current commercial rate, during the period of time that

17  the facility receives funds pursuant to s. 212.20. The

18  direct-support organization authorized under s. 288.1229

19  Office of Tourism, Trade, and Economic Development and the PGA

20  Tour, Inc., or its affiliates, must agree annually on a

21  reasonable percentage of advertising specifically allocated

22  for generic Florida advertising. The direct-support

23  organization authorized under s. 288.1229 Office of Tourism,

24  Trade, and Economic Development shall have final approval of

25  all generic advertising. Failure on the part of the PGA Tour,

26  Inc., or its affiliates to annually provide the advertising as

27  provided in this subsection paragraph or subsection (4) (6)

28  shall result in the termination of funding as provided in s.

29  212.20.

30         (g)  Documentation exists that demonstrates that the

31  applicant has provided, is capable of providing, or has

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  1  financial or other commitments to provide more than one-half

  2  of the costs incurred or related to the improvement and

  3  development of the facility.

  4         (h)  The application is signed by an official senior

  5  executive of the applicant and is notarized according to

  6  Florida law providing for penalties for falsification.

  7         (2)(3)  The certified professional golf hall of fame

  8  facility applicant may use funds provided pursuant to s.

  9  212.20 for the public purpose of paying for the construction,

10  reconstruction, renovation, or operation of the professional

11  golf hall of fame facility, or to pay or pledge for payment of

12  debt service on, or to fund debt service reserve funds,

13  arbitrage rebate obligations, or other amounts payable with

14  respect to, bonds issued for the construction, reconstruction,

15  or renovation of the facility or for the reimbursement of such

16  costs or the refinancing of bonds issued for such purpose.

17         (4)  Upon determining that an applicant is or is not

18  certifiable, the Secretary of Commerce shall notify the

19  applicant of his or her status by means of an official letter.

20  If certifiable, the secretary shall notify the executive

21  director of the Department of Revenue and the applicant of

22  such certification by means of an official letter granting

23  certification.  From the date of such certification, the

24  applicant shall have 5 years to open the professional golf

25  hall of fame facility to the public and notify the Office of

26  Tourism, Trade, and Economic Development of such opening.  The

27  Department of Revenue shall not begin distributing funds until

28  30 days following notice by the Office of Tourism, Trade, and

29  Economic Development that the professional golf hall of fame

30  facility is open to the public.

31

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  1         (3)(5)  The Department of Revenue may audit as provided

  2  in s. 213.34 to verify that the distributions under this

  3  section have been expended as required by this section.

  4         (4)(6)  The direct-support organization authorized

  5  under s. 288.1229 Office of Tourism, Trade, and Economic

  6  Development must recertify every 10 years that the facility is

  7  open, continues to be the only professional golf hall of fame

  8  in the United States recognized by the PGA Tour, Inc., and is

  9  meeting the minimum projections for attendance or sales tax

10  revenue as required at the time of original certification.  If

11  the facility is not certified as meeting the minimum

12  projections, the PGA Tour, Inc., shall increase its required

13  advertising contribution of $2 million annually to $2.5

14  million annually in lieu of reduction of any funds as provided

15  by s. 212.20. The additional $500,000 must be allocated in its

16  entirety for the use and promotion of generic Florida

17  advertising as determined by the direct-support organization

18  authorized under s. 288.1229 Office of Tourism, Trade, and

19  Economic Development. If the facility is not open to the

20  public or is no longer in use as the only professional golf

21  hall of fame in the United States recognized by the PGA Tour,

22  Inc., the entire $2.5 million for advertising must be used for

23  generic Florida advertising as determined by the

24  direct-support organization authorized under s. 288.1229

25  Office of Tourism, Trade, and Economic Development.

26         Section 7.  Section 288.1169, Florida Statutes, is

27  amended to read:

28         288.1169  International Game Fish Association World

29  Center facility; department duties.--

30         (1)  The direct-support organization authorized under

31  s. 288.1229 Department of Commerce shall serve as the state

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  1  agency approving applicants for funding pursuant to s. 212.20

  2  and for certifying the applicant as the International Game

  3  Fish Association World Center facility. For purposes of this

  4  section, "facility" means the International Game Fish

  5  Association World Center, and "project" means the

  6  International Game Fish Association World Center and new

  7  colocated improvements by private sector concerns who have

  8  made cash or in-kind contributions to the facility of $1

  9  million or more.

10         (2)  Prior to certifying this facility, the

11  direct-support organization authorized under s. 288.1229

12  department must determine that:

13         (a)  The International Game Fish Association World

14  Center is the only fishing museum, Hall of Fame, and

15  international administrative headquarters in the United States

16  recognized by the International Game Fish Association, and

17  that one or more private sector concerns have committed to

18  donate to the International Game Fish Association land upon

19  which the International Game Fish Association World Center

20  will operate.

21         (b)  International Game Fish Association is a

22  not-for-profit Florida corporation that has contracted to

23  construct and operate the facility.

24         (c)  The municipality in which the facility is located,

25  or the county if the facility is located in an unincorporated

26  area, has certified by resolution after a public hearing that

27  the facility serves a public purpose.

28         (d)  There are existing projections that the

29  International Game Fish Association World Center facility and

30  the colocated facilities of private sector concerns will

31  attract an attendance of more than 1.8 million annually.

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  1         (e)  There is an independent analysis or study, using

  2  methodology approved by the direct-support organization

  3  department, which demonstrates that the amount of the revenues

  4  generated by the taxes imposed under chapter 212 with respect

  5  to the use and operation of the project will exceed $1 million

  6  annually.

  7         (f)  There are existing projections that the project

  8  will attract more than 300,000 persons annually who are not

  9  residents of the state.

10         (g)  The applicant has submitted an agreement to

11  provide $500,000 annually in national and international media

12  promotion of the facility, at the then-current commercial

13  rates, during the period of time that the facility receives

14  funds pursuant to s. 212.20. Failure on the part of the

15  applicant to annually provide the advertising as provided in

16  this paragraph shall result in the termination of the funding

17  as provided in s. 212.20. The applicant can discharge its

18  obligation under this paragraph by contracting with other

19  persons, including private sector concerns who participate in

20  the project.

21         (h)  Documentation exists that demonstrates that the

22  applicant has provided, and is capable of providing, or has

23  financial or other commitments to provide, more than one-half

24  of the cost incurred or related to the improvements and the

25  development of the facility.

26         (i)  The application is signed by senior officials of

27  the International Game Fish Association and is notarized

28  according to Florida law providing for penalties for

29  falsification.

30         (3)  The applicant may use funds provided pursuant to

31  s. 212.20 for the purpose of paying for the construction,

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  1  reconstruction, renovation, promotion, or operation of the

  2  facility, or to pay or pledge for payment of debt service on,

  3  or to fund debt service reserve funds, arbitrage rebate

  4  obligations, or other amounts payable with respect to, bonds

  5  issued for the construction, reconstruction, or renovation of

  6  the facility or for the reimbursement of such costs or by

  7  refinancing of bonds issued for such purposes.

  8         (4)  Upon determining that an applicant is or is not

  9  certifiable, the direct-support organization authorized under

10  s. 288.1229 Department of Commerce shall notify the applicant

11  of its status by means of an official letter.  If certifiable,

12  the direct-support organization Department of Commerce shall

13  notify the executive director of the Department of Revenue and

14  the applicant of such certification by means of an official

15  letter granting certification.  From the date of such

16  certification, the applicant shall have 5 years to open the

17  facility to the public and notify the direct-support

18  organization Department of Commerce of such opening. The

19  Department of Revenue shall not begin distributing funds until

20  30 days following notice by the direct-support organization

21  Department of Commerce that the facility is open to the

22  public.

23         (5)  The Department of Revenue may audit as provided in

24  s. 213.34 to verify that the contributions pursuant to this

25  section have been expended as required by this section.

26         (6)  The direct-support organization authorized under

27  s. 288.1229 Department of Commerce must recertify every 10

28  years that the facility is open, that the International Game

29  Fish Association World Center continues to be the only

30  international administrative headquarters, fishing museum, and

31  Hall of Fame in the United States recognized by the

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  1  International Game Fish Association, and must verify annually

  2  that the project is meeting the minimum projections for

  3  attendance or sales tax revenues as required at the time of

  4  original certification.  If the facility is not recertified

  5  during this 10-year review as meeting the minimum projections,

  6  then funding will be abated until certification criteria are

  7  met.  If the project fails to generate $1 million of annual

  8  revenues pursuant to paragraph (2)(e), the distribution of

  9  revenues pursuant to s. 212.20(6)(f)5.c. shall be reduced to

10  an amount equal to $83,333 multiplied by a fraction, the

11  numerator of which is the actual revenues generated and the

12  denominator of which is $1 million.  Such reduction shall

13  remain in effect until revenues generated by the project in a

14  12-month period equal or exceed $1 million.

15         Section 8.  Section 288.1185, Florida Statutes, is

16  transferred, renumbered as section 403.7155, Florida Statutes,

17  and amended to read:

18         403.7155 288.1185  Recycling Markets Advisory

19  Committee.--

20         (1)  There is created the Recycling Markets Advisory

21  Committee, hereinafter referred to as the "committee," to be

22  administratively housed in the Department of Environmental

23  Protection Office of Tourism, Trade, and Economic Development.

24  The purpose of the committee shall be to serve as the

25  mechanism for coordination among state agencies and the

26  private sector to coordinate policy and overall strategic

27  planning for developing new markets and expanding and

28  enhancing existing markets for recovered materials. The

29  committee may not duplicate or replace agency programs, but

30  shall enhance, coordinate, and recommend priorities for those

31  programs.

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  1         (2)(a)  The committee shall consist of 12 members, 10

  2  of whom shall be appointed by the Governor, each of whom is or

  3  has been actively engaged in the recycling industry or a

  4  related business area, including the use of product packaging

  5  materials, or is a local government official with a

  6  demonstrated knowledge of recycling; a member of the House of

  7  Representatives to be appointed by the Speaker of the House of

  8  Representatives, who shall serve without voting rights as an

  9  ex officio member of the committee; and a member of the Senate

10  to be appointed by the President of the Senate, who shall

11  serve without voting rights as an ex officio member of the

12  committee.

13         (b)  Members of the committee shall be appointed within

14  60 days after this section takes effect.

15         (c)  A chairperson shall be appointed by the Governor

16  from among the members of the committee.

17         (d)  The committee shall meet at the call of its

18  chairperson or at the request of a majority of its membership,

19  but at least biannually. A majority of the members shall

20  constitute a quorum, and the affirmative vote of a majority of

21  a quorum is necessary to take official action.

22         (e)  Members of the committee shall serve without

23  compensation but are entitled to receive reimbursement for per

24  diem and travel expenses as provided in s. 112.061.

25         (f)  The committee may appoint ad hoc committees, which

26  may include persons who are not members of the committee, to

27  study recycled materials market development problems and

28  issues and advise the committee on these subjects.  Ad hoc

29  committee members may be reimbursed for per diem and travel

30  expenses as provided in s. 112.061.

31

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  1         (g)  The Department of Environmental Protection Office

  2  of Tourism, Trade, and Economic Development shall coordinate

  3  with agencies listed in paragraph (3)(a) to provide support as

  4  necessary to enable the committee to adequately carry out its

  5  functions.

  6         (3)(a)  The heads of the Department of Transportation,

  7  the Department of Environmental Protection, the Department of

  8  Management Services, the Department of Agriculture and

  9  Consumer Services, the Florida Energy Office, and the Governor

10  shall each designate a staff member from within the agency to

11  serve as the recycling market development liaison for the

12  agency. This person shall have knowledge of recycling and the

13  issues and problems related to recycling and recycled

14  materials market development. This person shall be the primary

15  point of contact for the agency on issues related to recycled

16  materials market development. These liaisons shall be

17  available for committee meetings and shall work closely with

18  the committee and other recycling market development liaisons

19  to further the goals of the committee, as appropriate.

20         (b)  Whenever it is necessary to change the designee,

21  the head of each agency shall notify the Governor in writing

22  of the person designated as the recycling market development

23  liaison for such agency.

24         (4)(a)  By October 1, 1993, the committee shall develop

25  a plan to set goals and provide direction for developing new

26  markets and expanding and enhancing existing markets for

27  recovered materials.

28         (b)  In developing the plan and any needed legislation,

29  the committee shall consider:

30         1.  Developing new markets and expanding and enhancing

31  existing markets for recovered materials.

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  1         2.  Pursuing expanded end uses for recycled materials.

  2         3.  Targeting materials for concentrated market

  3  development efforts.

  4         4.  Developing proposals for new incentives for market

  5  development, particularly focusing on targeted materials.

  6         5.  Providing guidance on issues such as permitting,

  7  finance options for recycling market development, site

  8  location, research and development, grant program criteria for

  9  recycled materials markets, recycling markets education and

10  information, and minimum content.

11         6.  Coordinating the efforts of various government

12  entities with market development responsibilities.

13         7.  Evaluating the need for competitively solicited,

14  cooperative ventures in rural areas for collecting,

15  processing, marketing, and procuring collected materials.

16         8.  Evaluating source-reduced products as they relate

17  to state procurement policy.  The evaluation shall include,

18  but is not limited to, the environmental and economic impact

19  of source-reduced product purchases on the state.  For the

20  purposes of this section, "source-reduced" means any method,

21  process, product, or technology which significantly or

22  substantially reduces the volume or weight of a product while

23  providing, at a minimum, equivalent or generally similar

24  performance and service to and for the users of such

25  materials.

26         (5)  By November 1 of each year, beginning in 1994, the

27  committee shall submit to the Governor, the President of the

28  Senate, and the Speaker of the House of Representatives a

29  complete and detailed report setting forth in appropriate

30  detail the operations and accomplishments of the committee and

31  the activities of existing agencies and programs in support of

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  1  the goals established by the committee, including any

  2  recommendations for statutory changes.

  3         (6)  In order to support the functions of the

  4  committee, the Department of Environmental Protection Office

  5  of Tourism, Trade, and Economic Development may hire staff or

  6  contract with other agencies for staff support and enter into

  7  contracts for support, research, planning, evaluation, and

  8  communication and promotion services.

  9         Section 9.  Paragraphs (a) and (g) of subsection (2) of

10  section 288.1223, Florida Statutes, are amended to read:

11         288.1223  Florida Commission on Tourism; creation;

12  purpose; membership.--

13         (2)(a)  The commission shall consist of the Governor or

14  the Governor's designee and 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.

31

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  1         (g)  The Governor or the Governor's designee shall

  2  serve as chair of the commission. The commission shall

  3  annually elect one of its tourism-industry-related members as

  4  vice chair, who shall preside in the absence of the chair.

  5         Section 10.  Paragraph (f) of subsection (5) of section

  6  288.1226, Florida Statutes, is amended to read:

  7         288.1226  Florida Tourism Industry Marketing

  8  Corporation; use of property; board of directors; duties;

  9  audit.--

10         (5)  POWERS AND DUTIES.--The corporation, in the

11  performance of its duties:

12         (f)  Shall appoint the president of the Florida Tourism

13  Industry Marketing Corporation, who shall serve at the

14  pleasure of the Governor. The president is the chief executive

15  officer of the board of directors and of the corporation and

16  shall direct and supervise the affairs of the corporation. The

17  corporation shall elect or appoint such other officers and

18  agents as its affairs shall require and allow them reasonable

19  compensation.

20         Section 11.  Subsection (10) is added to section

21  288.1229, Florida Statutes, to read:

22         288.1229  Promotion and development of sports-related

23  industries and amateur athletics; direct-support organization;

24  powers and duties.--

25         (10)  The direct-support organization authorized under

26  this section shall provide an annual report to the Office of

27  Tourism, Trade, and Economic Development on the status of the

28  professional golf hall of fame facility certified under s.

29  288.1168 and the level of attendance and sales tax revenue

30  associated with the facility as compared to the minimum

31  projections established at the time the facility was

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  1  certified. This report is due within 30 days after the annual

  2  agreement required under s. 288.1168(1). The direct-support

  3  organization also shall provide by October 1 of each year a

  4  report to the Office of Tourism, Trade, and Economic

  5  Development on the status of the International Game Fish

  6  Association World Center facility certified under s. 288.1169.

  7         Section 12.  Section 288.1251, Florida Statutes, is

  8  amended to read:

  9         288.1251  Promotion and development of entertainment

10  industry; Governor's Office of the Film and Entertainment

11  Commissioner; creation; purpose; powers and duties.--

12         (1)  CREATION.--

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

14  Tourism, Trade, and Economic Development the Governor's Office

15  of the Film and Entertainment Commissioner for the purpose of

16  developing, marketing, promoting, and providing services to

17  the state's entertainment industry.

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

19  Development shall conduct a national search for a qualified

20  person to fill the position of Film Commissioner of Film and

21  Entertainment, and the Executive Director of the Office of

22  Tourism, Trade, and Economic Development shall hire the Film

23  commissioner. Guidelines for selection of the Film

24  commissioner shall include, but not be limited to, the Film

25  commissioner having the following:

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

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

28  industries to be served by the office;

29         2.  Marketing and promotion experience related to the

30  industries to be served by the office;

31

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  1         3.  Experience working with a variety of individuals

  2  representing large and small entertainment-related businesses,

  3  industry associations, local community entertainment industry

  4  liaisons, and labor organizations; and

  5         4.  Experience working with a variety of state and

  6  local governmental agencies.

  7         (2)  POWERS AND DUTIES.--

  8         (a)  The Governor's Office of the Film and

  9  Entertainment Commissioner, in performance of its duties,

10  shall:

11         1.  In consultation with the Florida Film and

12  Entertainment Advisory Council, develop and implement a 5-year

13  strategic plan to guide the activities of the Governor's

14  Office of the Film and Entertainment Commissioner in the areas

15  of entertainment industry development, marketing, promotion,

16  liaison services, field office administration, and

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

18  30, 2000, shall:

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

20         b.  Include recommendations relating to the

21  organizational structure of the office.

22         c.  Include an annual budget projection for the office

23  for each year of the plan.

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

25  in implementing programs for rural and urban areas designed

26  to:

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

28  industry.

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

30  entertainment industry and other state and local governmental

31  agencies, local film commissions, and labor organizations.

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  1         (III)  Gather statistical information related to the

  2  state's entertainment industry.

  3         (IV)  Provide information and service to businesses,

  4  communities, organizations, and individuals engaged in

  5  entertainment industry activities.

  6         (V)  Administer field offices outside the state and

  7  coordinate with regional offices maintained by counties and

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

  9  (II), as necessary.

10         e.  Include performance standards and measurable

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

12         f.  Include an assessment of, and make recommendations

13  on, the feasibility of creating an alternative public-private

14  partnership for the purpose of contracting with such a

15  partnership for the administration of the state's

16  entertainment industry promotion, development, marketing, and

17  service programs.

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

19  relationship between state agencies and local governments in

20  cooperation with local film commission offices for

21  out-of-state and indigenous entertainment industry production

22  entities.

23         3.  Implement a structured methodology prescribed for

24  coordinating activities of local offices with each other and

25  the commissioner's office.

26         4.  Represent the state's indigenous entertainment

27  industry to key decisionmakers within the national and

28  international entertainment industry, and to state and local

29  officials.

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

31  entertainment industry, including, but not limited to,

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

  2  creation, talent, and economic impact and coordinate with

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

  4         6.  Represent key decisionmakers within the national

  5  and international entertainment industry to the indigenous

  6  entertainment industry and to state and local officials.

  7         7.  Serve as liaison between entertainment industry

  8  producers and labor organizations.

  9         8.  Identify, solicit, and recruit entertainment

10  production opportunities for the state.

11         9.  Assist rural communities and other small

12  communities in the state in developing the expertise and

13  capacity necessary for such communities to develop, market,

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

15  industry.

16         (b)  The Governor's Office of the Film and

17  Entertainment Commissioner, in the performance of its duties,

18  may:

19         1.  Conduct or contract for specific promotion and

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

21  of a statewide directory, production and maintenance of an

22  Internet web site, establishment and maintenance of a

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

24  and appropriate cooperative marketing opportunities.

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

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

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

28  States.

29         3.  Carry out any program of information, special

30  events, or publicity designed to attract entertainment

31  industry to Florida.

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  1         4.  Develop relationships and leverage resources with

  2  other public and private organizations or groups in their

  3  efforts to publicize to the entertainment industry in this

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

  5  Florida's entertainment industry talent, crew, production

  6  companies, production equipment resources, related businesses,

  7  and support services, including the establishment of and

  8  expenditure for a program of cooperative advertising with

  9  these public and private organizations and groups in

10  accordance with the provisions of chapter 120.

11         5.  Provide and arrange for reasonable and necessary

12  promotional items and services for such persons as the office

13  deems proper in connection with the performance of the

14  promotional and other duties of the office.

15         6.  Prepare an annual economic impact analysis on

16  entertainment industry-related activities in the state.

17         Section 13.  Section 288.1252, Florida Statutes, is

18  amended to read:

19         288.1252  Florida Film and Entertainment Advisory

20  Council; creation; purpose; membership; powers and duties.--

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

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

23  Executive Office of the Governor, for administrative purposes

24  only, the Florida Film and Entertainment Advisory Council.

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

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

27  Economic Development and to the Governor's Office of the Film

28  and Entertainment Commissioner to provide these offices with

29  industry insight and expertise related to developing,

30  marketing, promoting, and providing service to the state's

31  entertainment industry.

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  1         (3)  MEMBERSHIP.--

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

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

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

  5  Speaker of the House of Representatives, with the initial

  6  appointments being made no later than August 1, 1999.

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

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

  9  House of Representatives shall appoint persons who are

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

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

12  television, video, sound recording, or other entertainment

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

14  to, representatives of local film commissions, representatives

15  of entertainment associations, a representative of the

16  broadcast industry, representatives of labor organizations in

17  the entertainment industry, and board chairs, presidents,

18  chief executive officers, chief operating officers, or persons

19  of comparable executive position or stature of leading or

20  otherwise important entertainment industry businesses and

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

22  as to equitably represent the broadest spectrum of the

23  entertainment industry and geographic areas of the state.

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

25  except that the initial terms shall be staggered:

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

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

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

29         2.  The President of the Senate shall appoint one

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

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

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  1         3.  The Speaker of the House of Representatives shall

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

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

  4  4-year term.

  5         (d)  Subsequent appointments shall be made by the

  6  official who appointed the council member whose expired term

  7  is to be filled.

  8         (e)  The Film Commissioner of Film and Entertainment, a

  9  representative of Enterprise Florida, Inc., and a

10  representative of the Florida Tourism Industry Marketing

11  Corporation shall serve as ex officio, nonvoting members of

12  the council, and shall be in addition to the 17 appointed

13  members of the council.

14         (f)  Absence from three consecutive meetings shall

15  result in automatic removal from the council.

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

17  remainder of the unexpired term by the official who appointed

18  the vacating member.

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

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

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

22  may not serve more than two consecutive terms.

23         (4)  MEETINGS; ORGANIZATION.--

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

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

26  often as set by the council.

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

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

29  chair.  The Governor's Office of the Film and Entertainment

30  Commissioner shall provide staff assistance to the council,

31  which shall include, but not be limited to, keeping records of

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  1  the proceedings of the council, and serving as custodian of

  2  all books, documents, and papers filed with the council.

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

  4  constitute a quorum.

  5         (d)  Members of the council shall serve without

  6  compensation, but shall be entitled to reimbursement for per

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

  8  in performance of their duties.

  9         (5)  POWERS AND DUTIES.--The Florida Film and

10  Entertainment Advisory Council shall have all the powers

11  necessary or convenient to carry out and effectuate the

12  purposes and provisions of this act, including, but not

13  limited to, the power to:

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

15  the conduct of its business.

16         (b)  Advise and consult with the Governor's Office of

17  the Film and Entertainment Commissioner on the content,

18  development, and implementation of the 5-year strategic plan

19  to guide the activities of the office.

20         (c)  Review the Film Commissioner's administration by

21  the Commissioner of Film and Entertainment of the programs

22  related to the strategic plan, and advise the commissioner on

23  the programs and any changes that might be made to better meet

24  the strategic plan.

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

26  industry for the purpose of advising the commissioner and the

27  Office of Tourism, Trade, and Economic Development.

28         (e)  Identify and make recommendations on state agency

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

30  entertainment industry or that may appear to industry

31

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  1  representatives as an official state or local action affecting

  2  production in the state.

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

  4  commissioner and the Office of Tourism, Trade, and Economic

  5  Development.

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

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

  8  request or upon its own initiative, regarding the

  9  promulgation, administration, and enforcement of all laws and

10  rules relating to the entertainment industry.

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

12  business by the Governor's Office of the Film and

13  Entertainment Commissioner or by the Office of Tourism, Trade,

14  and Economic Development that will improve internal operations

15  affecting the entertainment industry and will enhance the

16  economic development initiatives of the state for the

17  industry.

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

19  commissions, departments, or other agencies of municipal,

20  county, or state government, or the Federal Government.

21         Section 14.  Section 288.1253, Florida Statutes, is

22  amended to read:

23         288.1253  Travel and entertainment expenses.--

24         (1)  As used in this section:

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

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

27  representatives of the Governor's Office of the Film and

28  Entertainment Commissioner in connection with the performance

29  of its statutory duties, including persons or representatives

30  of entertainment industry companies considering location,

31

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  1  relocation, or expansion of an entertainment industry business

  2  within the state.

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

  4  necessary, and reasonable costs of providing hospitality for

  5  business clients or guests, which costs are defined and

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

  7  and Economic Development, subject to approval by the

  8  Comptroller.

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

10  official or state employee, authorized by the Office of

11  Tourism, Trade, and Economic Development to receive the

12  hospitality of the Governor's Office of the Film and

13  Entertainment Commissioner in connection with the performance

14  of its statutory duties.

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

16  reasonable costs of transportation, meals, lodging, and

17  incidental expenses normally incurred by a traveler, which

18  costs are defined and prescribed by rules adopted by the

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

20  approval by the Comptroller.

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

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

23  rules by which it may make expenditures by advancement or

24  reimbursement, or a combination thereof, to:

25         (a)  The Governor, the Lieutenant Governor, security

26  staff of the Governor or Lieutenant Governor, the Film

27  Commissioner of Film and Entertainment, or staff of the

28  Governor's Office of the Film and Entertainment Commissioner

29  for travel expenses or entertainment expenses incurred by such

30  individuals solely and exclusively in connection with the

31

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  1  performance of the statutory duties of the Governor's Office

  2  of the Film and Entertainment Commissioner.

  3         (b)  The Governor, the Lieutenant Governor, security

  4  staff of the Governor or Lieutenant Governor, the Film

  5  Commissioner of Film and Entertainment, or staff of the

  6  Governor's Office of the Film and Entertainment Commissioner

  7  for travel expenses or entertainment expenses incurred by such

  8  individuals on behalf of guests, business clients, or

  9  authorized persons as defined in s. 112.061(2)(e) solely and

10  exclusively in connection with the performance of the

11  statutory duties of the Governor's Office of the Film and

12  Entertainment Commissioner.

13         (c)  Third-party vendors for the travel or

14  entertainment expenses of guests, business clients, or

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

16  solely and exclusively while such persons are participating in

17  activities or events carried out by the Governor's Office of

18  the Film and Entertainment Commissioner in connection with

19  that office's statutory duties.

20

21  The rules shall be subject to approval by the Comptroller

22  prior to promulgation.  The rules shall require the submission

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

24  the Comptroller, with any claim for reimbursement and shall

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

26  agreement to submit paid receipts or other proof of

27  expenditure and to refund any unused portion of the

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

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

30  10 working days after the traveler's return to headquarters.

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

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

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

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

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

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

  6  obtained pursuant to this section shall not be commingled with

  7  any other state funds.

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

  9  Development shall prepare an annual report of the expenditures

10  of the Governor's Office of the Film and Entertainment

11  Commissioner and provide such report to the Legislature no

12  later than December 30 of each year for the expenditures of

13  the previous fiscal year. The report shall consist of a

14  summary of all travel, entertainment, and incidental expenses

15  incurred within the United States and all travel,

16  entertainment, and incidental expenses incurred outside the

17  United States, as well as a summary of all successful projects

18  that developed from such travel.

19         (4)  The Governor's Office of the Film and

20  Entertainment Commissioner and its employees and

21  representatives, when authorized, may accept and use

22  complimentary travel, accommodations, meeting space, meals,

23  equipment, transportation, and any other goods or services

24  necessary for or beneficial to the performance of the office's

25  duties and purposes, so long as such acceptance or use is not

26  in conflict with part III of chapter 112.  The Office of

27  Tourism, Trade, and Economic Development shall, by rule,

28  develop internal controls to ensure that such goods or

29  services accepted or used pursuant to this subsection are

30  limited to those that will assist solely and exclusively in

31

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  1  the furtherance of the office's goals and are in compliance

  2  with part III of chapter 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

10  Governor's Office of the Film and Entertainment Commissioner

11  and shall be verified by written declaration that it is true

12  and correct as to every material matter.  Any person who

13  willfully makes and subscribes to any claim which he or she

14  does not believe to be true and correct as to every material

15  matter or who willfully aids or assists in, procures, or

16  counsels or advises with respect to, the preparation or

17  presentation of a claim pursuant to this section that is

18  fraudulent or false as to any material matter, whether or not

19  such falsity or fraud is with the knowledge or consent of the

20  person authorized or required to present the claim, commits a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083. Whoever receives an advancement or

23  reimbursement by means of a false claim is civilly liable, in

24  the amount of the overpayment, for the reimbursement of the

25  public fund from which the claim was paid.

26         Section 15.  Subsections (2), (7), and (11) of section

27  288.901, Florida Statutes, are amended to read:

28         288.901  Enterprise Florida, Inc.; creation;

29  membership; organization; meetings; disclosure.--

30         (2)  Enterprise Florida, Inc., shall establish one or

31  more corporate offices, at least one of which shall be located

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  1  in Leon County. The Department of Management Services may

  2  establish a lease agreement program under which Enterprise

  3  Florida, Inc., may hire any individual who, as of June 30,

  4  1996, is employed by the Department of Commerce or who, as of

  5  January 1, 1997, is employed by the Executive Office of the

  6  Governor and has responsibilities specifically in support of

  7  the Workforce Development Board established under s. 288.9952

  8  s. 288.9620. Under such agreement, the employee shall retain

  9  his or her status as a state employee but shall work under the

10  direct supervision of Enterprise Florida, Inc. Retention of

11  state employee status shall include the right to participate

12  in the Florida Retirement System. The Department of Management

13  Services shall establish the terms and conditions of such

14  lease agreements.

15         (7)  The Governor or the Governor's designee shall

16  serve as chairperson of the board of directors.  The board of

17  directors shall biennially elect one of its appointive members

18  as vice chairperson. The president shall keep a record of the

19  proceedings of the board of directors and is the custodian of

20  all books, documents, and papers filed with the board of

21  directors, the minutes of the board of directors, and the

22  official seal of Enterprise Florida, Inc.

23         (11)  Notwithstanding the provisions of subsection (3),

24  the board of directors may by resolution appoint at-large

25  members to the board from the private sector, each of whom may

26  serve a 1-year term.  At-large members shall not have voting

27  authority, nor may they have the powers and duties of other

28  members of the board, except that they may not serve on an

29  executive committee.  An at-large member is eligible for

30  reappointment but may not vote on his or her own

31  reappointment.  An at-large member shall be eligible to fill

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  1  vacancies occurring among private-sector appointees under

  2  subsection (3).

  3         Section 16.  Subsection (2) of section 288.9015,

  4  Florida Statutes, is amended to read:

  5         288.9015  Enterprise Florida, Inc.; purpose; duties.--

  6         (2)  It shall be the responsibility of Enterprise

  7  Florida, Inc., to aggressively market Florida's rural

  8  communities and distressed urban communities as locations for

  9  potential new investment, to aggressively assist in the

10  retention and expansion of existing businesses in these

11  communities, and to aggressively assist these communities in

12  the identification and development of new economic development

13  opportunities for job creation. Enterprise Florida, Inc.,

14  shall use and promote existing state programs to facilitate

15  the location of new investment, the retention and expansion of

16  existing businesses, and the identification and development of

17  new economic development opportunities for job creation. Such

18  programs include, but are not limited to: the Community

19  Contribution Tax Credit Program, as provided in ss. 220.183

20  and 624.5105; the Urban High-Crime Area Job Tax Credit Program

21  as provided in ss. 212.097 and 220.1895; the Rural Job Tax

22  Credit Program as provided in ss. 212.098 and 220.1895; and

23  the state incentives available in enterprise zones as provided

24  in s. 290.007.

25         Section 17.  Section 288.980, Florida Statutes, is

26  amended to read:

27         288.980  Military base retention; legislative intent;

28  grants program.--

29         (1)(a)  It is the intent of this state to provide the

30  necessary means to assist communities with military

31  installations that would be adversely affected by federal base

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  1  realignment or closure actions. It is further the intent to

  2  encourage communities to initiate a coordinated program of

  3  response and plan of action in advance of future actions of

  4  the federal Base Realignment and Closure Commission. It is

  5  critical that closure-vulnerable communities develop such a

  6  program to preserve affected military installations. The

  7  Legislature hereby recognizes that the state needs to

  8  coordinate all efforts that can facilitate the retention of

  9  all remaining military installations in the state. The

10  Legislature, therefore, declares that providing such

11  assistance to support the defense-related initiatives within

12  this section is a public purpose for which public money may be

13  used.

14         (b)  The Florida Defense Alliance, an organization

15  within Enterprise Florida, is designated as the organization

16  to ensure that Florida, its resident military bases and

17  missions, and its military host communities are in competitive

18  positions as the United States continues its defense

19  realignment and downsizing. The defense alliance shall serve

20  as an overall advisory body for Enterprise Florida

21  defense-related activity. The Florida Defense Alliance may

22  receive funding from appropriations made for that purpose to

23  administered by the Office of Tourism, Trade, and Economic

24  Development and administered by Enterprise Florida, Inc.

25         (2)(a)  The Office of Tourism, Trade, and Economic

26  Development is authorized to award grants based upon the

27  recommendation of Enterprise Florida, Inc., and for

28  administration by Enterprise Florida, Inc., from any funds

29  available to it to support activities related to the retention

30  of military installations potentially affected by federal base

31  closure or realignment.

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  1         (b)  The term "activities" as used in this section

  2  means studies, presentations, analyses, plans, and modeling.

  3  Staff salaries are not considered an "activity" for which

  4  grant funds may be awarded. Travel costs and costs incidental

  5  thereto incurred by a grant recipient shall be considered an

  6  "activity" for which grant funds may be awarded.

  7         (c)  Except for grants issued pursuant to the Florida

  8  Military Installation Reuse Planning and Marketing Grant

  9  Program as described in paragraph (3)(c), the amount of any

10  grant provided to an applicant may not exceed $250,000. In

11  making recommendations to the Office of Tourism, Trade, and

12  Economic Development, Enterprise Florida, Inc., shall require

13  that an applicant:

14         1.  Represent a local government with a military

15  installation or military installations that could be adversely

16  affected by federal base realignment or closure.

17         2.  Agree to match at least 30 percent of any grant

18  awarded.

19         3.  Prepare a coordinated program or plan of action

20  delineating how the eligible project will be administered and

21  accomplished.

22         4.  Provide documentation describing the potential for

23  realignment or closure of a military installation located in

24  the applicant's community and the adverse impacts such

25  realignment or closure will have on the applicant's community.

26         (d)  In making recommendations for grant awards,

27  Enterprise Florida, Inc., the office shall consider, at a

28  minimum, the following factors:

29         1.  The relative value of the particular military

30  installation in terms of its importance to the local and state

31

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  1  economy relative to other military installations vulnerable to

  2  closure.

  3         2.  The potential job displacement within the local

  4  community should the military installation be closed.

  5         3.  The potential adverse impact on industries and

  6  technologies which service the military installation.

  7         (3)  The Florida Economic Reinvestment Initiative is

  8  established to respond to the need for this state and

  9  defense-dependent communities in this state to develop

10  alternative economic diversification strategies to lessen

11  reliance on national defense dollars in the wake of base

12  closures and reduced federal defense expenditures and the need

13  to formulate specific base reuse plans and identify any

14  specific infrastructure needed to facilitate reuse. The

15  initiative shall consist of the following three distinct grant

16  programs to be administered by Enterprise Florida, Inc. the

17  Office of Tourism, Trade, and Economic Development:

18         (a)  The Florida Defense Planning Grant Program,

19  through which funds shall be used to analyze the extent to

20  which the state is dependent on defense dollars and defense

21  infrastructure and prepare alternative economic development

22  strategies.  The state shall work in conjunction with

23  defense-dependent communities in developing strategies and

24  approaches that will help communities make the transition from

25  a defense economy to a nondefense economy. Grant awards may

26  not exceed $250,000 per applicant and shall be available on a

27  competitive basis.

28         (b)  The Florida Defense Implementation Grant Program,

29  through which funds shall be made available to

30  defense-dependent communities to implement the diversification

31  strategies developed pursuant to paragraph (a). Eligible

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  1  applicants include defense-dependent counties and cities, and

  2  local economic development councils located within such

  3  communities.  Grant awards may not exceed $100,000 per

  4  applicant and shall be available on a competitive basis.

  5  Awards shall be matched on a one-to-one basis.

  6         (c)  The Florida Military Installation Reuse Planning

  7  and Marketing Grant Program, through which funds shall be used

  8  to help counties, cities, and local economic development

  9  councils develop and implement plans for the reuse of closed

10  or realigned military installations, including any necessary

11  infrastructure improvements needed to facilitate reuse and

12  related marketing activities.

13

14  Applications for grants under this subsection must include a

15  coordinated program of work or plan of action delineating how

16  the eligible project will be administered and accomplished,

17  which must include a plan for ensuring close cooperation

18  between civilian and military authorities in the conduct of

19  the funded activities and a plan for public involvement. The

20  director of the Office of Tourism, Trade, and Economic

21  Development shall make the final decision on all grant awards.

22         (4)(a)  The Defense-Related Business Adjustment Program

23  is hereby created.  Enterprise Florida, Inc., The Director of

24  the Office of Tourism, Trade, and Economic Development shall

25  coordinate the development of the Defense-Related Business

26  Adjustment Program.  Funds shall be available to assist

27  defense-related companies in the creation of increased

28  commercial technology development through investments in

29  technology.  Such technology must have a direct impact on

30  critical state needs for the purpose of generating

31  investment-grade technologies and encouraging the partnership

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  1  of the private sector and government defense-related business

  2  adjustment.  The following areas shall receive precedence in

  3  consideration for funding commercial technology development:

  4  law enforcement or corrections, environmental protection,

  5  transportation, education, and health care.  Travel and costs

  6  incidental thereto, and staff salaries, are not considered an

  7  "activity" for which grant funds may be awarded.

  8         (b)  In making recommendations to the Office of

  9  Tourism, Trade, and Economic Development for grant awards,

10  Enterprise Florida, Inc., The office shall require that an

11  applicant:

12         1.  Be a defense-related business that could be

13  adversely affected by federal base realignment or closure or

14  reduced defense expenditures.

15         2.  Agree to match at least 50 percent of any funds

16  awarded by the department in cash or in-kind services.  Such

17  match shall be directly related to activities for which the

18  funds are being sought.

19         3.  Prepare a coordinated program or plan delineating

20  how the funds will be administered.

21         4.  Provide documentation describing how

22  defense-related realignment or closure will adversely impact

23  defense-related companies.

24         (5)  The Retention of Military Installations Program is

25  created. The Director of the Office of Tourism, Trade, and

26  Economic Development shall coordinate and implement this

27  program. The sum of $1.2 million is appropriated from the

28  General Revenue Fund for fiscal year 1999-2000 to the Office

29  of Tourism, Trade, and Economic Development to implement this

30  program for military installations located in counties with a

31  population greater than 824,000. The funds shall be used to

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  1  assist military installations potentially affected by federal

  2  base closure or realignment in covering current operating

  3  costs in an effort to retain the installation in this state.

  4  An eligible military installation for this program shall

  5  include a provider of simulation solutions for war-fighting

  6  experimentation, testing, and training which employs at least

  7  500 civilian and military employees and has been operating in

  8  the state for a period of more than 10 years.

  9         (6)  The director of the Office of Tourism, Trade, and

10  Economic Development may award nonfederal matching funds

11  specifically appropriated for construction, maintenance, and

12  analysis of a Florida defense workforce database. Such funds

13  will be used to create a registry of worker skills that can be

14  used to match the worker needs of companies that are

15  relocating to this state or to assist workers in relocating to

16  other areas within this state where similar or related

17  employment is available.

18         (7)  Payment of administrative expenses shall be

19  limited to no more than 10 percent of any grants issued

20  pursuant to this section.

21         (8)  Enterprise Florida, Inc., The Office of Tourism,

22  Trade, and Economic Development shall develop establish

23  guidelines to implement and carry out the purpose and intent

24  of this section. The Office of Tourism, Trade, and Economic

25  Development must approve the guidelines before their

26  implementation.

27         Section 18.  Subsections (7), (8), and (12), paragraph

28  (h) of subsection (10), and paragraph (b) of subsection (14)

29  of section 288.99, Florida Statutes, are amended to read:

30         288.99  Certified Capital Company Act.--

31

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  1         (7)  ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION

  2  PROCESS.--

  3         (a)  The total amount of tax credits which may be

  4  allocated by the office or the department shall not exceed

  5  $150 million. The total amount of tax credits which may be

  6  used by certified investors under this act shall not exceed

  7  $15 million annually.

  8         (b)  The office shall be responsible for allocating

  9  premium tax credits as provided for in this act to certified

10  capital companies.

11         (c)  Each certified capital company must apply to the

12  office for an allocation of premium tax credits for potential

13  certified investors by March 15, 1999, on a form developed by

14  the office with the cooperation of the Department of Revenue.

15  The form shall be accompanied by an affidavit from each

16  potential certified investor confirming that the potential

17  certified investor has agreed to make an investment of

18  certified capital in a certified capital company up to a

19  specified amount, subject only to the receipt of a premium tax

20  credit allocation pursuant to this subsection. No allocation

21  shall be made to the potential investors of a certified

22  capital company unless such certified capital company has

23  filed premium tax allocation claims that would result in an

24  allocation to the potential investors in such certified

25  capital company of not less than $15 million in the aggregate.

26         (d)  On or before April 1, 1999, the office shall

27  inform each certified capital company of its share of total

28  premium tax credits available for allocation to each of its

29  potential investors.

30         (e)  If a certified capital company does not receive

31  certified capital equaling the amount of premium tax credits

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  1  allocated to a potential certified investor for which the

  2  investor filed a premium tax allocation claim within 10

  3  business days after the investor received a notice of

  4  allocation, the certified capital company shall notify the

  5  department office by overnight common carrier delivery service

  6  of the company's failure to receive the capital.  That portion

  7  of the premium tax credits allocated to the certified capital

  8  company shall be forfeited.  If the department office must

  9  make a pro rata allocation under paragraph (f), the department

10  office shall reallocate such available credits among the other

11  certified capital companies on the same pro rata basis as the

12  initial allocation.

13         (f)  If the total amount of capital committed by all

14  certified investors to certified capital companies in premium

15  tax allocation claims exceeds the aggregate cap on the amount

16  of credits that may be awarded, the premium tax credits that

17  may be allowed to any one certified investor shall be

18  allocated using the following ratio:

19

20                       A/B = X/$150,000,000

21

22  where the letter "A" represents the total amount of certified

23  capital certified investors have agreed to invest in any one

24  certified capital company, the letter "B" represents the

25  aggregate amount of certified capital that all certified

26  investors have agreed to invest in all certified capital

27  companies, the letter "X" is the numerator and represents the

28  total amount of premium tax credits and certified capital that

29  may be allocated to a certified capital company in calendar

30  year 1999, and $150 million is the denominator and represents

31  the total amount of premium tax credits and certified capital

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  1  that may be allocated to all certified investors in calendar

  2  year 1999. Any such premium tax credits are not first

  3  available for utilization until annual filings are made in

  4  2001 for calendar year 2000, and the tax credits may be used

  5  at a rate not to exceed 10 percent annually.

  6         (g)  The maximum amount of certified capital for which

  7  premium tax allocation claims may be filed on behalf of any

  8  certified investor and its affiliates by one or more certified

  9  companies may not exceed $15 million.

10         (h)  To the extent that less than $150 million in

11  certified capital is raised in connection with the procedure

12  set forth in paragraphs (c)-(g), the department may adopt

13  rules to allow a subsequent allocation of the remaining

14  premium tax credits authorized under this section.

15         (8)  ANNUAL TAX CREDIT; CLAIM PROCESS.--

16         (a)  On an annual basis, on or before December 31, each

17  certified capital company shall file with the department and

18  the office, in consultation with the department, on a form

19  prescribed by the department office, for each calendar year:

20         1.  The total dollar amount the certified capital

21  company received from certified investors, the identity of the

22  certified investors, and the amount received from each

23  certified investor during the calendar year.

24         2.  The total dollar amount the certified capital

25  company invested and the amount invested in qualified

26  businesses, together with the identity and location of those

27  businesses and the amount invested in each qualified business.

28         3.  For informational purposes only, the total number

29  of permanent, full-time jobs either created or retained by the

30  qualified business during the calendar year, the average wage

31  of the jobs created or retained, the industry sectors in which

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  1  the qualified businesses operate, and any additional capital

  2  invested in qualified businesses from sources other than

  3  certified capital companies.

  4         (b)  The form shall be verified by one or more

  5  principals of the certified capital company submitting the

  6  form.  Verification shall be accomplished as provided in s.

  7  92.525(1)(b) and subject to the provisions of s. 92.525(3).

  8         (c)  The department office shall review the form, and

  9  any supplemental documentation, submitted by each certified

10  capital company for the purpose of verifying:

11         1.  That the businesses in which certified capital has

12  been invested by the certified capital company are in fact

13  qualified businesses, and that the amount of certified capital

14  invested by the certified capital company is as represented in

15  the form.

16         2.  The amount of certified capital invested in the

17  certified capital company by the certified investors.

18         3.  The amount of premium tax credit available to

19  certified investors.

20         (d)  The Department of Revenue is authorized to audit

21  and examine the accounts, books, or records of certified

22  capital companies and certified investors for the purpose of

23  ascertaining the correctness of any report and financial

24  return which has been filed, and to ascertain a certified

25  capital company's compliance with the tax-related provisions

26  of this act.

27         (e)  This subsection shall take effect January 1, 1999.

28         (10)  DECERTIFICATION.--

29         (h)  The department office shall send written notice to

30  the address of each certified investor whose premium tax

31

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  1  credit has been subject to recapture or forfeiture, using the

  2  address last shown on the last premium tax filing.

  3         (12)  REPORTING REQUIREMENTS.--The department office

  4  shall report annually on an annual basis to the Governor, the

  5  President of the Senate, and the Speaker of the House of

  6  Representatives on or before April 1:

  7         (a)  The total dollar amount each certified capital

  8  company received from all certified investors and any other

  9  investor, the identity of the certified investors, and the

10  total amount of premium tax credit used by each certified

11  investor for the previous calendar year.

12         (b)  The total dollar amount invested by each certified

13  capital company and that portion invested in qualified

14  businesses, the identity and location of those businesses, the

15  amount invested in each qualified business, and the total

16  number of permanent, full-time jobs created or retained by

17  each qualified business.

18         (c)  The return for the state as a result of the

19  certified capital company investments, including the extent to

20  which:

21         1.  Certified capital company investments have

22  contributed to employment growth.

23         2.  The wage level of businesses in which certified

24  capital companies have invested exceed the average wage for

25  the county in which the jobs are located.

26         3.  The investments of the certified capital companies

27  in qualified businesses have contributed to expanding or

28  diversifying the economic base of the state.

29         (14)  RULEMAKING AUTHORITY.--

30         (b)  The department office may adopt any rules

31  necessary to carry out its duties, obligations, and powers

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  1  related to the administration, review, and reporting

  2  provisions of this section and may perform any other acts

  3  necessary for the proper administration and enforcement of

  4  such duties, obligations, and powers.

  5         Section 19.  Subsection (6) of section 373.4149,

  6  Florida Statutes, is amended to read:

  7         373.4149  Miami-Dade County Lake Belt Plan.--

  8         (6)  The Miami-Dade County Lake Belt Plan

  9  Implementation Committee shall be appointed by the governing

10  board of the South Florida Water Management District to

11  develop a strategy for the design and implementation of the

12  Miami-Dade County Lake Belt Plan. The committee shall consist

13  of the chair of the governing board of the South Florida Water

14  Management District, who shall serve as chair of the

15  committee, the policy director of Environmental and Growth

16  Management in the office of the Governor, the secretary of the

17  Department of Environmental Protection, the director of the

18  Division of Water Facilities or its successor division within

19  the Department of Environmental Protection, the director of

20  the Office of Tourism, Trade, and Economic Development within

21  the office of the Governor, the secretary of the Department of

22  Community Affairs, the executive director of the Game and

23  Freshwater Fish Commission, the director of the Department of

24  Environmental Resource Management of Miami-Dade County, the

25  director of the Miami-Dade County Water and Sewer Department,

26  the Director of Planning in Miami-Dade County, a

27  representative of the Friends of the Everglades, a

28  representative of the Florida Audubon Society, a

29  representative of the Florida chapter of the Sierra Club, four

30  representatives of the nonmining private landowners within the

31  Miami-Dade County Lake Belt Area, and four representatives

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  1  from the limestone mining industry to be appointed by the

  2  governing board of the South Florida Water Management

  3  District. Two ex officio seats on the committee will be filled

  4  by one member of the Florida House of Representatives to be

  5  selected by the Speaker of the House of Representatives from

  6  among representatives whose districts, or some portion of

  7  whose districts, are included within the geographical scope of

  8  the committee as described in subsection (3), and one member

  9  of the Florida Senate to be selected by the President of the

10  Senate from among senators whose districts, or some portion of

11  whose districts, are included within the geographical scope of

12  the committee as described in subsection (3).  The committee

13  may appoint other ex officio members, as needed, by a majority

14  vote of all committee members.  A committee member may

15  designate in writing an alternate member who, in the member's

16  absence, may participate and vote in committee meetings.

17         Section 20.  The Institute of Food and Agricultural

18  sciences at the University of Florida is authorized to enter

19  into contracts with the U.S. Department of Agriculture and may

20  receive grants of money to support the Florida State Rural

21  Development Council.

22         Section 21.  Section 288.039, Florida Statutes, is

23  repealed.

24         Section 22.  This act shall take effect July 1, 2000.

25

26

27

28

29

30

31

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Revises numerous provisions relating to economic
      development. Transfers responsibilities for various
  4    economic-development programs from the Office of Tourism,
      Trade, and Economic Development. Provides additional
  5    responsibilities of Enterprise Florida, Inc., with
      respect to economic-development enterprises. Delegates
  6    responsibility for certain sports-related enterprises to
      the direct-support organization for athletic enterprises.
  7    Transfers an advisory committee on recycling to the
      Department of Environmental Protection. Provides that the
  8    Governor may designate another person in his stead to
      serve as chairman of the Florida Commission on Tourism.
  9    Provides for the president of the Florida Tourism
      Marketing Corporation to serve at the pleasure of the
10    Governor. Renames the Office of the Film Commissioner as
      the Governor's Office of Film and Entertainment.
11    Transfers responsibilities with respect to the Certified
      Capital Company Act from the Office of Tourism, Trade,
12    and Economic Development to the Department of Banking and
      Finance. Authorizes the Institute of Food and
13    Agricultural Sciences to contract with the U.S.
      Department of Agriculture and to receive grants for rural
14    development.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

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