House Bill 4033

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    Florida House of Representatives - 2000                HB 4033

        By the Committee on Rules & Calendar and Representative
    Bradley





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; repealing s.

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

  8         appropriated prior to the effective date of

  9         provisions requiring a portion of construction

10         funds to be set aside for acquisition and

11         display of art in newly constructed state

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

13         obsolete provisions relating to the use of

14         certain funds by the Department of State for

15         historic preservation purposes of the City of

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

17         deleting obsolete provisions relating to the

18         appropriation of certain funds by the

19         Department of State to not-for-profit

20         organizations established to advance historic

21         preservation in Tallahassee and the Florida

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

23         deleting obsolete provisions relating to plans

24         for the disposition, development, and operation

25         of foreign offices; revising cross references;

26         amending s. 288.1168, F.S.; deleting obsolete

27         provisions relating to certification of the

28         professional golf hall of fame facility;

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

30         provisions relating to appointments to the

31         Florida Commission on Tourism; amending s.

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  1         288.1224, F.S., and repealing subsection (8),

  2         relating to recommendations of the Florida

  3         Commission on Tourism to the Legislature for

  4         additional funding sources for the long-range

  5         objectives of the commission's marketing plan;

  6         deleting obsolete provisions relating to a

  7         review and report on the commission and its

  8         direct-support organization and to initial

  9         duties of the commission; repealing s.

10         509.215(3) and (4), F.S., relating to

11         firesafety requirements for public lodging

12         establishments for which construction contracts

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

14         effective date.

15

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

17

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

19  Statutes, is repealed.

20         Section 2.  Section 267.171, Florida Statutes, is

21  amended to read:

22         267.171  St. Augustine; contract for preservation of

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

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

25  various state-owned properties presently managed by the

26  Historic St. Augustine Preservation Board of Trustees.  The

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

28  all proceeds derived from the management of state-owned

29  properties for the purpose of maintaining the state-owned

30  buildings and advancing historic preservation in the City of

31  St. Augustine.  Additionally, the department may appropriate

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  1  all remaining funds in the Historic St. Augustine Preservation

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

  3  maintenance of the state-owned buildings and advancing

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

  5  Department of State may transfer ownership and responsibility

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

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

  8  assist the city in the transition of the management of

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

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

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

12  Appropriations Act for the St. Augustine Preservation Board,

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

14  continue the operations and maintenance of historic

15  properties.

16         Section 3.  Section 267.172, Florida Statutes, is

17  amended to read:

18         267.172  Tallahassee; Florida Keys; contracts for

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

20  performed by the Historic Tallahassee Preservation Board of

21  Trustees and the Historic Florida Keys Preservation Board of

22  Trustees, the Department of State may contract with

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

24  advancing historic preservation in these areas to manage the

25  various state-owned properties presently managed by the

26  Historic Tallahassee Preservation Board of Trustees and the

27  Historic Florida Keys Preservation Board of Trustees. The

28  contract, which shall at a minimum contain those requirements

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

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

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

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  1  corporations may use all proceeds derived from the management

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

  3  historic preservation in their areas. Additionally, the

  4  department may appropriate all remaining funds in the Historic

  5  Florida Keys Preservation Board Operating Trust Fund and the

  6  Historic Tallahassee Preservation Board Operating Trust Fund

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

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

  9  288.012, Florida Statutes, are amended to read:

10         288.012  State of Florida foreign offices.--The

11  Legislature finds that the expansion of international trade

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

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

14  of technical and business assistance, financial assistance,

15  and information services for businesses in this state. The

16  Legislature finds that these businesses could be assisted by

17  providing these services at State of Florida foreign offices.

18  The Legislature further finds that the accessibility and

19  provision of services at these offices can be enhanced through

20  cooperative agreements or strategic alliances between state

21  entities, local entities, foreign entities, and private

22  businesses.

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

24  Development is authorized to:

25         (a)  Establish and operate offices in foreign countries

26  for the purpose of promoting the trade and economic

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

28  data information and research on trade opportunities in

29  specific countries.

30         (b)  Enter into agreements with governmental and

31  private sector entities to establish and operate offices in

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  1  foreign countries containing provisions which may be in

  2  conflict with general laws of the state pertaining to the

  3  purchase of office space, employment of personnel, and

  4  contracts for services. When agreements pursuant to this

  5  section are made which set compensation in foreign currency,

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

  7  215.425, but the purchase of foreign currency by the Office of

  8  Tourism, Trade, and Economic Development to meet such

  9  obligations shall be subject only to s. 216.311.

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

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

12  disposition of the current foreign offices and the development

13  and location of additional foreign offices.  The plan shall

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

15  of funding needed to operate the current offices and any

16  additional offices and whether any of the current offices need

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

18  Florida Tourism Commission, the Florida Ports Council, the

19  Department of State, the Department of Citrus, and the

20  Department of Agriculture shall assist the Office of Tourism,

21  Trade, and Economic Development in the preparation of the

22  plan.  All parties shall cooperate on the disposition or

23  establishment of the offices and ensure that needed space,

24  technical assistance, and support services are provided to

25  such entities at such foreign offices.

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

27  in place an operational plan approved by the participating

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

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

30  Development.  These operating plans shall be reviewed and

31

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

  2  following:

  3         (a)  Specific policies and procedures encompassing the

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

  5         (b)  A comprehensive, commercial strategic plan

  6  identifying marketing opportunities and industry sector

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

  8  office is located.

  9         (c)  Provisions for access to information for Florida

10  businesses through the Florida Trade Data Center.  Each

11  foreign office shall obtain and forward trade leads and

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

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

14         (d)  Identification of new and emerging market

15  opportunities for Florida businesses.  Each foreign office

16  shall provide the Florida Trade Data Center with a compilation

17  of foreign buyers and importers in industry sector priority

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

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

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

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

22  Department of Citrus, and the Department of Agriculture the

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

24  commodity, and opportunity information as specified in the

25  plan required in that paragraph.  This information shall be

26  provided to such the offices and the entities identified in

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

28  fees set only to recover the costs of providing the

29  information.

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

31  services of the Florida Trade Data Center, international trade

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  1  assistance services provided by state and local entities,

  2  seaport and airport information, and other services identified

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

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

  5         (f)  Qualitative and quantitative performance measures

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

  7  businesses assisted, the number of trade leads and inquiries

  8  generated, the number of foreign buyers and importers

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

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

11  288.1224(9)(10), foreign offices established and operated

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

13  development, trade, and tourism information, services, and

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

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

16  collocated with other foreign offices of the state.

17         Section 5.  Section 288.1168, Florida Statutes, is

18  amended to read:

19         288.1168  Professional golf hall of fame facility;

20  duties.--

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

22  state agency for screening applicants for state funding

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

24  professional golf hall of fame facility in the state.

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

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

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

28  only professional golf hall of fame in the United States

29  recognized by the PGA Tour, Inc.

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

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

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  1  contracted to construct or operate the professional golf hall

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

  3         (c)  The municipality in which the professional golf

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

  5  facility is located in an unincorporated area, has certified

  6  by resolution after a public hearing that the application

  7  serves a public purpose.

  8         (d)  There are existing projections that the

  9  professional golf hall of fame facility will attract a paid

10  attendance of more than 300,000 annually.

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

12  methodology approved by the department, which demonstrates

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

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

15  professional golf hall of fame facility will equal or exceed

16  $2 million annually.

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

18  certified professional golf hall of fame facility The

19  applicant has submitted an agreement to provide $2 million

20  annually in national and international media promotion of the

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

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

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

24  the facility receives funds pursuant to s. 212.20.  The Office

25  of Tourism, Trade, and Economic Development and the PGA Tour,

26  Inc., or its affiliates, must agree annually on a reasonable

27  percentage of advertising specifically allocated for generic

28  Florida advertising.  The Office of Tourism, Trade, and

29  Economic Development shall have final approval of all generic

30  advertising. Failure on the part of the PGA Tour, Inc., or its

31  affiliates to annually provide the advertising as provided in

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  1  this paragraph or subsection (4) (6) shall result in the

  2  termination of funding as provided in s. 212.20.

  3         (g)  Documentation exists that demonstrates that the

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

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

  6  of the costs incurred or related to the improvement and

  7  development of the facility.

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

  9  executive of the applicant and is notarized according to

10  Florida law providing for penalties for falsification.

11         (2)(3)  The certified professional golf hall of fame

12  facility applicant may use funds provided pursuant to s.

13  212.20 for the public purpose of paying for the construction,

14  reconstruction, renovation, or operation of the professional

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

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

17  arbitrage rebate obligations, or other amounts payable with

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

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

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

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

22  certifiable, the Secretary of Commerce shall notify the

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

24  If certifiable, the secretary shall notify the executive

25  director of the Department of Revenue and the applicant of

26  such certification by means of an official letter granting

27  certification.  From the date of such certification, the

28  applicant shall have 5 years to open the professional golf

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

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

31  Department of Revenue shall not begin distributing funds until

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  1  30 days following notice by the Office of Tourism, Trade, and

  2  Economic Development that the professional golf hall of fame

  3  facility is open to the public.

  4         (3)(5)  The Department of Revenue may audit as provided

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

  6  section have been expended as required by this section.

  7         (4)(6)  The Office of Tourism, Trade, and Economic

  8  Development must recertify every 10 years that the facility is

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

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

11  meeting the minimum projections for attendance or sales tax

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

13  the facility is not certified as meeting the minimum

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

15  advertising contribution of $2 million annually to $2.5

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

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

18  entirety for the use and promotion of generic Florida

19  advertising as determined by the Office of Tourism, Trade, and

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

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

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

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

24  generic Florida advertising as determined by the Office of

25  Tourism, Trade, and Economic Development.

26         Section 6.  Paragraph (a) of subsection (2) of section

27  288.1223, Florida Statutes, is amended to read:

28         288.1223  Florida Commission on Tourism; creation;

29  purpose; membership.--

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

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

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  1  subject to confirmation by the Senate, and 11 additional

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

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

  4  statewide rental car industry, 3 representatives from

  5  tourist-related statewide associations, including those that

  6  represent hotels, campgrounds, and attractions, 3

  7  representatives from county destination marketing

  8  organizations, 1 representative from the cruise industry, and

  9  1 representative from the airline industry, who will each

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

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

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

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

14  member of the House of Representatives appointed by the

15  Speaker of the House of Representatives.

16         Section 7.  Subsection (8) of section 288.1224, Florida

17  Statutes, is repealed, and subsections (1), (4), and (5) of

18  said section are amended to read:

19         288.1224  Powers and duties.--The commission:

20         (1)  Notwithstanding the provisions of part I of

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

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

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

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

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

26  as amended, to execute the tourism marketing and promotion

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

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

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

30  Development shall review such contract in an expedient manner

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

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

  2  as contract administrator.

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

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

  5  annual in construction and ongoing in nature. Any annual

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

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

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

  9  plan.

10         (b)  The plan shall include an emergency response

11  component and research designs.

12         (c)  The plan shall include provisions for the

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

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

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

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

17  matching private funds shall be divided into four categories.

18  The first category is direct cash contributions, which

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

20  alliances, contributions of stocks and bonds, and partnership

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

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

23  research, and brochure placement and transparencies.  The

24  third category is cooperative advertising, which is the value

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

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

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

28  alliance services contributed, the value of loaned employees,

29  discounted service fees, items contributed for use in

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

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

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  1  calculated by taking the actual time or space and multiplying

  2  by the nonnegotiated unit price for that specific time or

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

  4  to avoid duplication in determining media equivalency value,

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

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

  7  included. Documentation for the components of the four

  8  categories of private match shall be kept on file for

  9  inspection as determined necessary.

10         (d)  The plan shall include recommendations regarding

11  specific performance standards and measurable outcomes for the

12  commission and its direct-support organization. The

13  commission, in consultation with the Office of Program Policy

14  Analysis and Government Accountability, shall develop a plan

15  for monitoring its operations to ensure that performance data

16  are maintained and supported by records of the organization.

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

18  Legislature, the Office of Program Policy Analysis and

19  Government Accountability shall conduct a review of, and

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

21  direct-support organization.  The review shall be

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

23  conducted in such a manner as to specifically determine:

24         1.  The progress toward achieving the established

25  outcomes.

26         2.  The circumstances contributing to the

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

28  established outcomes.

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

30  or discontinue funding the organization, and the consequences

31  of discontinuing the organization.

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  1

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

  3  President of the Senate, the Speaker of the House of

  4  Representatives, the Senate Minority Leader, and the House

  5  Minority Leader.

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

  7  Legislature, the Office of Program Policy Analysis and

  8  Government Accountability shall conduct a another review of,

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

10  its direct-support organization, using the criteria prescribed

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

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

13  as to specifically determine:

14         1.  The progress toward achieving the established

15  outcomes.

16         2.  The circumstances contributing to the

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

18  established outcomes.

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

20  or discontinue funding the organization, and the consequences

21  of discontinuing the organization.

22

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

24  President of the Senate, the Speaker of the House of

25  Representatives, the Senate Minority Leader, and the House

26  Minority Leader.

27         (5)  Shall develop an operational structure for

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

29  the marketing plan recommended by the commission pursuant to

30  this section.

31

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  1         Section 8.  Subsections (3) and (4) of section 509.215,

  2  Florida Statutes, are repealed.

  3         Section 9.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Repeals various statutory provisions that have become
  9    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
10    Repeals or deletes provisions relating to funds
      appropriated prior to the effective date of provisions
11    requiring a portion of construction funds to be set aside
      for acquisition and display of art in newly constructed
12    state buildings; the use of certain funds by the
      Department of State for historic preservation purposes of
13    the City of St. Augustine; the appropriation of certain
      funds by the Department of State to not-for-profit
14    organizations established to advance historic
      preservation in Tallahassee and the Florida Keys; plans
15    for the disposition, development, and operation of
      foreign offices; certification of the professional golf
16    hall of fame facility; appointments to the Florida
      Commission on Tourism; a review and report on the Florida
17    Commission on Tourism and its direct-support
      organization; initial duties of the Florida Commission on
18    Tourism; recommendations of the Florida Commission on
      Tourism to the Legislature for additional funding sources
19    for the long-range objectives of the commission's
      marketing plan; and firesafety requirements for public
20    lodging establishments for which construction contracts
      were let prior to October 1, 1983.
21

22

23

24

25

26

27

28

29

30

31

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