Senate Bill sb1284c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
By the Committee on Appropriations; and Senator Webster
309-2353-04
1 A bill to be entitled
2 An act relating to the Office of Tourism,
3 Trade, and Economic Development; transferring
4 the programs, functions, powers, duties, rules,
5 records, personnel, property, and balances of
6 appropriations and other funds of the
7 Intergovernmental Relations Foundation and the
8 Organization of American States from the
9 Department of State to the Office of Tourism,
10 Trade, and Economic Development within the
11 Executive Office of the Governor; repealing s.
12 15.17, F.S., relating to the Organization of
13 American States; amending s. 14.2015, F.S.,
14 relating to the powers and duties of the Office
15 of Tourism, Trade, and Economic Development, to
16 conform; amending s. 288.063, F.S.; revising
17 requirements for the office in approving
18 projects and expenditures and in allocating
19 funds for transportation projects to expand and
20 retain employment opportunities in the state;
21 deleting obsolete provisions; amending ss.
22 288.809 and 288.816, F.S., relating to the
23 Florida Intergovernmental Relations Foundation;
24 conforming provisions to the transfer of
25 programs and duties made by the act; providing
26 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. The following programs, functions, and
31 activities, including all statutory powers, duties, functions,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 rules, records, personnel, property, and unexpended balances
2 of appropriations, allocations, and other funds associated
3 with the identified program, function, or activity are
4 transferred intact by a type two transfer, as defined in
5 section 20.06(2), Florida Statutes, from the Department of
6 State to the Office of Tourism, Trade, and Economic
7 Development within the Executive Office of the Governor:
8 (1) The Intergovernmental Relations Foundation, as
9 authorized and governed by section 288.809, Florida Statutes;
10 (2) Intergovernmental relations, as authorized and
11 governed by section 288.816, Florida Statutes; and
12 (3) The Organization of American States, as authorized
13 and governed by section 15.17, Florida Statutes.
14 Section 2. Section 15.17, Florida Statutes, is
15 repealed.
16 Section 3. Subsection (10) is added to section
17 14.2015, Florida Statutes, to read:
18 14.2015 Office of Tourism, Trade, and Economic
19 Development; creation; powers and duties.--
20 (10) The Office of Tourism, Trade, and Economic
21 Development may provide assistance and facilities to the
22 Organization of American States in establishing and
23 maintaining a regional headquarters in this state.
24 Section 4. Subsections (1), (3), (6), (10), and (11)
25 of section 288.063, Florida Statutes, are amended to read:
26 288.063 Contracts for transportation projects.--
27 (1) The Office of Tourism, Trade, and Economic
28 Development is authorized to make, and based on a
29 recommendation from Enterprise Florida, Inc., and the
30 Department of Transportation, to approve, expenditures and
31 enter into contracts for direct costs of transportation
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 projects with the appropriate governmental body. The Office of
2 Tourism, Trade, and Economic Development has final approval
3 authority for any project under this section.
4 (3) With respect to any contract executed pursuant to
5 this section, the term "transportation project" means a
6 transportation facility as defined in s. 334.03(31) which is
7 necessary in the judgment of the Office of Tourism, Trade, and
8 Economic Development to facilitate the economic development
9 and growth of the state. Except for applications received
10 prior to July 1, 1996, such transportation projects shall be
11 approved only as a consideration to attract new employment
12 opportunities to the state or expand or retain employment in
13 existing companies operating within the state, or to allow for
14 the construction or expansion of a state or federal
15 correctional facility in a county with a population of 75,000
16 or less that creates new employment opportunities or expands
17 or retains employment in the county. The Office of Tourism,
18 Trade, and Economic Development shall institute procedures to
19 ensure that small and minority businesses have equal access to
20 funding provided under this section. Funding for approved
21 transportation projects may include any expenses, other than
22 administrative costs and equipment purchases specified in the
23 contract, necessary for new, or improvement to existing,
24 transportation facilities. Funds made available pursuant to
25 this section may not be expended in connection with the
26 relocation of a business from one community to another
27 community in this state unless the Office of Tourism, Trade,
28 and Economic Development determines that without such
29 relocation the business will move outside this state or
30 determines that the business has a compelling economic
31 rationale for the relocation which creates additional jobs. A
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 portion of the funds appropriated under this section shall
2 initially be allocated to each of the districts of the
3 Department of Transportation to ensure equitable geographical
4 distribution. Funds remaining uncommitted by the third quarter
5 of the fiscal year may be reallocated among districts based on
6 pending project requests.
7 (6) The Department of Transportation shall review
8 proposed projects to ensure proper coordination with
9 transportation projects included in the adopted work program
10 and shall may be the contracting agency when the project is on
11 the State Highway System. In addition, upon request by the
12 appropriate governmental body, the department may advise and
13 assist it or plan and construct other such transportation
14 projects for it.
15 (10)(a) Notwithstanding the provisions of s. 216.301,
16 funds appropriated for this purpose shall not be subject to
17 reversion.
18 (b) For the 2003-2004 fiscal year only and
19 notwithstanding paragraph (a), funds appropriated for this
20 purpose in previous years are subject to the reversion
21 requirements of s. 216.301. This paragraph expires July 1,
22 2004.
23 (10)(11) In addition to the other provisions of this
24 section, projects that the Legislature deems necessary to
25 facilitate the economic development and growth of the state
26 may be designated and funded in the General Appropriations
27 Act. Such transportation projects create new employment
28 opportunities, expand transportation infrastructure, improve
29 mobility, or increase transportation innovation. The Office of
30 Tourism, Trade, and Economic Development shall enter into
31 contracts with, and make expenditures to, the appropriate
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 entities for the costs of transportation projects designated
2 in the General Appropriations Act. This subsection expires
3 July 1, 2003.
4 Section 5. Paragraph (a) of subsection (1) and
5 subsections (2) and (3) of section 288.809, Florida Statutes,
6 are amended to read:
7 288.809 Florida Intergovernmental Relations
8 Foundation; use of property; board of directors; audit.--
9 (1) DEFINITIONS.--For the purposes of this section,
10 the term:
11 (a) "Florida Intergovernmental Relations Foundation"
12 means a direct-support organization:
13 1. Which is a corporation not for profit that is
14 incorporated under the provisions of chapter 617 and approved
15 by the Department of State;
16 2. Which is organized and operated exclusively to
17 solicit, receive, hold, invest, and administer property and,
18 subject to the approval of the Office of Tourism, Trade, and
19 Economic Development Department of State, to make expenditures
20 to or for the promotion of intergovernmental relations
21 programs; and
22 3. Which the Office of Tourism, Trade, and Economic
23 Development Department of State, after review, has certified
24 to be operating in a manner consistent with the policies and
25 goals of the Office of Tourism, Trade, and Economic
26 Development department.
27 (2) USE OF PROPERTY.--The Office of Tourism, Trade,
28 and Economic Development department:
29 (a) Is authorized to permit the use of property,
30 facilities, and personal services of the Office of Tourism,
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 Trade, and Economic Development department by the foundation,
2 subject to the provisions of this section.
3 (b) Shall prescribe conditions with which the
4 foundation must comply in order to use property, facilities,
5 or personal services of the Office of Tourism, Trade, and
6 Economic Development department. Such conditions shall provide
7 for budget and audit review and for oversight by the Office of
8 Tourism, Trade, and Economic Development department.
9 (c) Shall not permit the use of property, facilities,
10 or personal services of the foundation if the foundation does
11 not provide equal employment opportunities to all persons,
12 regardless of race, color, national origin, sex, age, or
13 religion.
14 (3) BOARD OF DIRECTORS.--The board of directors of the
15 foundation shall be composed of seven members appointed by the
16 Office of Tourism, Trade, and Economic Development Secretary
17 of State, of whom no more than three shall be employees or
18 elected officials of the state.
19 Section 6. Section 288.816, Florida Statutes, is
20 amended to read:
21 288.816 Intergovernmental relations.--
22 (1) The Office of Tourism, Trade, and Economic
23 Development Secretary of State shall be responsible for
24 consular operations and the sister city and sister state
25 program and shall serve as liaison with foreign, federal, and
26 other state international organizations and with county and
27 municipal governments in Florida.
28 (2) The Office of Tourism, Trade, and Economic
29 Development secretary shall be responsible for all consular
30 relations between the state and all foreign governments doing
31 business in Florida. The Office of Tourism, Trade, and
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 Economic Development secretary shall monitor United States
2 laws and directives to ensure that all federal treaties
3 regarding foreign privileges and immunities are properly
4 observed. The Office of Tourism, Trade, and Economic
5 Development secretary shall adopt promulgate rules that which
6 shall:
7 (a) Establish a viable system of registration for
8 foreign government officials residing or having jurisdiction
9 in the state. Emphasis shall be placed on maintaining active
10 communication between the Office of Tourism, Trade, and
11 Economic Development secretary and the United States
12 Department of State in order to be currently informed
13 regarding foreign governmental personnel stationed in, or with
14 official responsibilities for, Florida. Active dialogue shall
15 also be maintained with foreign countries which historically
16 have had dealings with Florida in order to keep them informed
17 of the proper procedure for registering with the state.
18 (b) Maintain and systematically update a current and
19 accurate list of all such foreign governmental officials,
20 consuls, or consulates.
21 (c) Issue certificates to such foreign governmental
22 officials after verification pursuant to proper investigations
23 through United States Department of State sources and the
24 appropriate foreign government.
25 (d) Verify entitlement to sales and use tax exemptions
26 pursuant to United States Department of State guidelines and
27 identification methods.
28 (e) Verify entitlement to issuance of special motor
29 vehicle license plates by the Division of Motor Vehicles of
30 the Department of Highway Safety and Motor Vehicles to
31 honorary consuls or such other officials representing foreign
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 governments who are not entitled to issuance of special Consul
2 Corps license plates by the United States Government.
3 (f) Establish a system of communication to provide all
4 state and local law enforcement agencies with information
5 regarding proper procedures relating to the arrest or
6 incarceration of a foreign citizen.
7 (g) Request the Department of Law Enforcement to
8 provide transportation and protection services when necessary
9 pursuant to s. 943.68.
10 (h) Coordinate, when necessary, special activities
11 between foreign governments and Florida state and local
12 governments. These may include Consular Corps Day, Consular
13 Corps conferences, and various other social, cultural, or
14 educational activities.
15 (i) Notify all newly arrived foreign governmental
16 officials of the services offered by the Office of Tourism,
17 Trade, and Economic Development secretary.
18 (3) The Office of Tourism, Trade, and Economic
19 Development Secretary of State shall operate the sister city
20 and sister state program and establish such new programs as
21 needed to further global understanding through the interchange
22 of people, ideas, and culture between Florida and the world.
23 To accomplish this purpose, the Office of Tourism, Trade, and
24 Economic Development secretary shall have the power and
25 authority to:
26 (a) Coordinate and carry out activities designed to
27 encourage the state and its subdivisions to participate in
28 sister city and sister state affiliations with foreign
29 countries and their subdivisions. Such activities may include
30 a State of Florida sister cities conference.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 (b) Encourage cooperation with and disseminate
2 information pertaining to the Sister Cities International
3 Program and any other program whose object is to promote
4 linkages with foreign countries and their subdivisions.
5 (c) Maximize any aid available from all levels of
6 government, public and private agencies, and other entities to
7 facilitate such activities.
8 (d) Establish a viable system of registration for
9 sister city and sister state affiliations between the state
10 and foreign countries and their subdivisions. Such system
11 shall include a method to determine that sufficient ties are
12 properly established as well as a method to supervise how
13 these ties are maintained.
14 (e) Maintain a current and accurate listing of all
15 such affiliations. Sister city affiliations shall not be
16 discouraged between the state and any country specified in s.
17 620(f)(1) of the federal Foreign Assistance Act of 1961, as
18 amended, with whom the United States is currently conducting
19 diplomatic relations unless a mandate from the United States
20 Government expressly prohibits such affiliations.
21 (4) The Office of Tourism, Trade, and Economic
22 Development Secretary of State shall serve as a contact for
23 the state with the Florida Washington Office, the Florida
24 Congressional Delegation, and United States Government
25 agencies with respect to laws or policies which may affect the
26 interests of the state in the area of international relations.
27 All inquiries received regarding international economic trade
28 development or reverse investment opportunities shall be
29 referred to Enterprise Florida, Inc. In addition, the Office
30 of Tourism, Trade, and Economic Development secretary shall
31 serve as liaison with other states with respect to
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1284
309-2353-04
1 international programs of interest to Florida. The Office of
2 Tourism, Trade, and Economic Development secretary shall also
3 investigate and make suggestions regarding possible areas of
4 joint action or regional cooperation with these states.
5 (5) The Office of Tourism, Trade, and Economic
6 Development Secretary of State shall have the power and duty
7 to encourage the relocation to Florida of consular offices and
8 multilateral and international agencies and organizations.
9 (6) The Office of Tourism, Trade, and Economic
10 Development Secretary of State, through membership on the
11 board of directors of Enterprise Florida, Inc., shall help to
12 contribute an international perspective to the state's
13 development efforts.
14 Section 7. This act shall take effect July 1, 2004.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 1284
18
19 The committee substitute provides statutory changes necessary
to conform to the proposed committee bill for the General
20 Appropriations Act for Fiscal Year 2004-2005. Specifically,
the proposed committee substitute:
21
- Transfers certain international programs from the
22 Department of State to the Office of Tourism, Trade, and
Economic Development within the Executive Office of the
23 Governor by type two transfer and makes conforming
statutory changes; and
24
- Modifies the current statutory process for the selection
25 of Economic Development Transportation projects and the
associated allocation of appropriations, providing for a
26 greater involvement by the Department of Transportation.
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.