Amendment
Bill No. 1855
Amendment No. 577313
CHAMBER ACTION
Senate House
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1The Conference Committee on HB 1855 offered the following:
2
3     Conference Committee Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  The following programs, functions, and
6activities are hereby transferred by a type two transfer, as
7defined in s. 20.06(2), Florida Statutes, from the Department of
8State to the Office of Tourism, Trade, and Economic Development
9within the Executive Office of the Governor:
10     (1)  The provision of assistance and facilities to the
11Organization of American States, as authorized and governed by
12s. 15.17, Florida Statutes, as that section exists on June 30,
132004.
14     (2)  State protocol officer functions, as authorized and
15governed by s. 15.19, Florida Statutes, as that section exists
16on June 30, 2004.
17     (3)  International development outreach activities in Latin
18America and the Caribbean Basin, as authorized and governed by
19s. 288.0251, Florida Statutes.
20     (4)  The Florida Intergovernmental Relations Foundation, as
21authorized and governed by s. 288.809, Florida Statutes.
22     (5)  Intergovernmental relations functions, as authorized
23and governed by s. 288.816, Florida Statutes.
24
25Notwithstanding s. 20.06(2), Florida Statutes, trust funds
26associated with these programs, functions, and activities shall
27remain within the Department of State.
28     Section 2.  Linkage institutes between postsecondary
29institutions in this state and foreign countries, as authorized
30and governed by s. 288.8175, Florida Statutes, are hereby
31transferred by a type two transfer, as defined in s. 20.06(2),
32Florida Statutes, from the Department of State to the Department
33of Education. Notwithstanding s. 20.06(2), Florida Statutes,
34trust funds associated with these institutes shall remain within
35the Department of State.
36     Section 3.  Subsections (10) and (11) are added to section
3714.2015, Florida Statutes, to read:
38     14.2015  Office of Tourism, Trade, and Economic
39Development; creation; powers and duties.--
40     (10)  The Director of the Office of Tourism, Trade, and
41Economic Development shall serve as the state protocol officer.
42In consultation with the Governor and other governmental
43officials, the Director of the Office of Tourism, Trade, and
44Economic Development shall develop, maintain, publish, and
45distribute the state protocol manual.
46     (11)  The Legislature authorizes the Office of Tourism,
47Trade, and Economic Development to provide assistance and
48facilities to the Organization of American States in
49establishing and maintaining a regional headquarters in this
50state.
51     Section 4.  Sections 15.17 and 15.19, Florida Statutes, are
52repealed.
53     Section 5.  Subsections (1) and (2) of section 15.182,
54Florida Statutes, are amended to read:
55     15.182  International travel by state-funded musical,
56cultural, or artistic organizations; notification to Office of
57Tourism, Trade, and Economic Development Department of State.--
58     (1)  If a musical, cultural, or artistic organization that
59receives state funding is traveling internationally for a
60presentation, performance, or other significant public viewing,
61including an organization associated with a college or
62university, such organization shall notify the Office of
63Tourism, Trade, and Economic Development Department of State of
64its intentions to travel, together with the date, time, and
65location of each appearance. It is the desire of the Legislature
66that such cultural exchanges be coordinated with the state's
67economic development goals. The Secretary of State shall notify
68Enterprise Florida, Inc., of the intended travel schedule of all
69such organizations, including, but not limited to, symphonies,
70orchestras, dance troupes, bands, choirs, choral groups, drama
71troupes, musical performing groups, traveling exhibitions
72sponsored by museums, and performance artists.
73     (2)  The Office of Tourism, Trade, and Economic Development
74Department of State, in conjunction with Enterprise Florida,
75Inc., shall act as an intermediary between performing musical,
76cultural, and artistic organizations and Florida businesses to
77encourage and coordinate joint undertakings. Such coordination
78may include, but is not limited to, encouraging business and
79industry to sponsor cultural events, assistance with travel of
80such organizations, and coordinating travel schedules of
81cultural performance groups and international trade missions.
82     Section 6.  Section 288.0251, Florida Statutes, is amended
83to read:
84     288.0251  International development outreach activities in
85Latin America and Caribbean Basin.--The Office of Tourism,
86Trade, and Economic Development Department of State may contract
87for the implementation of Florida's international volunteer
88corps to provide short-term training and technical assistance
89activities in Latin America and the Caribbean Basin. The entity
90contracted under this section must require that such activities
91be conducted by qualified volunteers who are citizens of the
92state. The contracting agency must have a statewide focus and
93experience in coordinating international volunteer programs.
94     Section 7.  Subsections (1), (3), (6), (10), and (11) of
95section 288.063, Florida Statutes, are amended to read:
96     288.063  Contracts for transportation projects.--
97     (1)  The Office of Tourism, Trade, and Economic Development
98is authorized to make, and based on a recommendation from
99Enterprise Florida, Inc., to approve, expenditures and enter
100into contracts for direct costs of transportation projects with
101the appropriate governmental body. The Office of Tourism, Trade,
102and Economic Development shall provide the Department of
103Transportation, the Department of Environmental Protection, and
104the Department of Community Affairs with an opportunity to
105formally review and comment on recommended transportation
106projects, although the Office of Tourism, Trade, and Economic
107Development has final approval authority for any project under
108this section.
109     (3)  With respect to any contract executed pursuant to this
110section, the term "transportation project" means a
111transportation facility as defined in s. 334.03(31) which is
112necessary in the judgment of the Office of Tourism, Trade, and
113Economic Development to facilitate the economic development and
114growth of the state. Except for applications received prior to
115July 1, 1996, such transportation projects shall be approved
116only as a consideration to attract new employment opportunities
117to the state or expand or retain employment in existing
118companies operating within the state, or to allow for the
119construction or expansion of a state or federal correctional
120facility in a county with a population of 75,000 or less that
121creates new employment opportunities or expands or retains
122employment in the county. The Office of Tourism, Trade, and
123Economic Development shall institute procedures to ensure that
124small and minority businesses have equal access to funding
125provided under this section. Funding for approved transportation
126projects may include any expenses, other than administrative
127costs and equipment purchases specified in the contract,
128necessary for new, or improvement to existing, transportation
129facilities. Funds made available pursuant to this section may
130not be expended in connection with the relocation of a business
131from one community to another community in this state unless the
132Office of Tourism, Trade, and Economic Development determines
133that without such relocation the business will move outside this
134state or determines that the business has a compelling economic
135rationale for the relocation which creates additional jobs.
136Subject to appropriation for projects under this section, any
137appropriation greater than $10 million shall be allocated to
138each of the districts of the Department of Transportation to
139ensure equitable geographical distribution. Such allocated funds
140that remain uncommitted by the third quarter of the fiscal year
141shall be reallocated among the districts based on pending
142project requests.
143     (6)  The Department of Transportation shall review the
144proposed projects to ensure proper coordination with
145transportation projects included in the adopted work program and
146may be the contracting agency when the project is on the State
147Highway System. In addition, upon request by the appropriate
148governmental body, the department may advise and assist it or
149plan and construct other such transportation projects for it.
150     (10)(a)  Notwithstanding the provisions of s. 216.301,
151funds appropriated for this purpose shall not be subject to
152reversion.
153     (b)  For the 2003-2004 fiscal year only and notwithstanding
154paragraph (a), funds appropriated for this purpose in previous
155years are subject to the reversion requirements of s. 216.301.
156This paragraph expires July 1, 2004.
157     (10)(11)  In addition to the other provisions of this
158section, projects that the Legislature deems necessary to
159facilitate the economic development and growth of the state may
160be designated and funded in the General Appropriations Act. Such
161transportation projects create new employment opportunities,
162expand transportation infrastructure, improve mobility, or
163increase transportation innovation. The Office of Tourism,
164Trade, and Economic Development shall enter into contracts with,
165and make expenditures to, the appropriate entities for the costs
166of transportation projects designated in the General
167Appropriations Act. This subsection expires July 1, 2003.
168     Section 8.  Subsections (1), (2), and (3) of section
169288.809, Florida Statutes, are amended to read:
170     288.809  Florida Intergovernmental Relations Foundation;
171use of property; board of directors; audit.--
172     (1)  DEFINITIONS.--For the purposes of this section, the
173term:
174     (a)  "Florida Intergovernmental Relations Foundation" means
175a direct-support organization:
176     1.  Which is a corporation not for profit that is
177incorporated under the provisions of chapter 617 and approved by
178the Department of State;
179     2.  Which is organized and operated exclusively to solicit,
180receive, hold, invest, and administer property and, subject to
181the approval of the Office of Tourism, Trade, and Economic
182Development Department of State, to make expenditures to or for
183the promotion of intergovernmental relations programs; and
184     3.  Which the Office of Tourism, Trade, and Economic
185Development Department of State, after review, has certified to
186be operating in a manner consistent with the policies and goals
187of the office department.
188     (b)  "Personal services" includes full-time or part-time
189personnel, as well as payroll processing.
190     (2)  USE OF PROPERTY.--The Office of Tourism, Trade, and
191Economic Development department:
192     (a)  Is authorized to permit the use of property,
193facilities, and personal services of the Office of Tourism,
194Trade, and Economic Development department by the foundation,
195subject to the provisions of this section.
196     (b)  Shall prescribe conditions with which the foundation
197must comply in order to use property, facilities, or personal
198services of the department. Such conditions shall provide for
199budget and audit review and for oversight by the Office of
200Tourism, Trade, and Economic Development department.
201     (c)  Shall not permit the use of property, facilities, or
202personal services of the foundation if the foundation does not
203provide equal employment opportunities to all persons,
204regardless of race, color, national origin, sex, age, or
205religion.
206     (3)  BOARD OF DIRECTORS.--The board of directors of the
207foundation shall be composed of seven members appointed by the
208Governor Secretary of State, of whom no more than three shall be
209employees or elected officials of the state.
210     Section 9.  Section 288.816, Florida Statutes, is amended
211to read:
212     288.816  Intergovernmental relations.--
213     (1)  The Office of Tourism, Trade, and Economic Development
214Secretary of State shall be responsible for consular operations
215and the sister city and sister state program and shall serve as
216liaison with foreign, federal, and other state international
217organizations and with county and municipal governments in
218Florida.
219     (2)  The Office of Tourism, Trade, and Economic Development
220secretary shall be responsible for all consular relations
221between the state and all foreign governments doing business in
222Florida. The office secretary shall monitor United States laws
223and directives to ensure that all federal treaties regarding
224foreign privileges and immunities are properly observed. The
225office secretary shall promulgate rules which shall:
226     (a)  Establish a viable system of registration for foreign
227government officials residing or having jurisdiction in the
228state. Emphasis shall be placed on maintaining active
229communication between the Office of Tourism, Trade, and Economic
230Development secretary and the United States Department of State
231in order to be currently informed regarding foreign governmental
232personnel stationed in, or with official responsibilities for,
233Florida. Active dialogue shall also be maintained with foreign
234countries which historically have had dealings with Florida in
235order to keep them informed of the proper procedure for
236registering with the state.
237     (b)  Maintain and systematically update a current and
238accurate list of all such foreign governmental officials,
239consuls, or consulates.
240     (c)  Issue certificates to such foreign governmental
241officials after verification pursuant to proper investigations
242through United States Department of State sources and the
243appropriate foreign government.
244     (d)  Verify entitlement to sales and use tax exemptions
245pursuant to United States Department of State guidelines and
246identification methods.
247     (e)  Verify entitlement to issuance of special motor
248vehicle license plates by the Division of Motor Vehicles of the
249Department of Highway Safety and Motor Vehicles to honorary
250consuls or such other officials representing foreign governments
251who are not entitled to issuance of special Consul Corps license
252plates by the United States Government.
253     (f)  Establish a system of communication to provide all
254state and local law enforcement agencies with information
255regarding proper procedures relating to the arrest or
256incarceration of a foreign citizen.
257     (g)  Request the Department of Law Enforcement to provide
258transportation and protection services when necessary pursuant
259to s. 943.68.
260     (h)  Coordinate, when necessary, special activities between
261foreign governments and Florida state and local governments.
262These may include Consular Corps Day, Consular Corps
263conferences, and various other social, cultural, or educational
264activities.
265     (i)  Notify all newly arrived foreign governmental
266officials of the services offered by the Office of Tourism,
267Trade, and Economic Development secretary.
268     (3)  The Office of Tourism, Trade, and Economic Development
269Secretary of State shall operate the sister city and sister
270state program and establish such new programs as needed to
271further global understanding through the interchange of people,
272ideas, and culture between Florida and the world. To accomplish
273this purpose, the office secretary shall have the power and
274authority to:
275     (a)  Coordinate and carry out activities designed to
276encourage the state and its subdivisions to participate in
277sister city and sister state affiliations with foreign countries
278and their subdivisions. Such activities may include a State of
279Florida sister cities conference.
280     (b)  Encourage cooperation with and disseminate information
281pertaining to the Sister Cities International Program and any
282other program whose object is to promote linkages with foreign
283countries and their subdivisions.
284     (c)  Maximize any aid available from all levels of
285government, public and private agencies, and other entities to
286facilitate such activities.
287     (d)  Establish a viable system of registration for sister
288city and sister state affiliations between the state and foreign
289countries and their subdivisions. Such system shall include a
290method to determine that sufficient ties are properly
291established as well as a method to supervise how these ties are
292maintained.
293     (e)  Maintain a current and accurate listing of all such
294affiliations. Sister city affiliations shall not be discouraged
295between the state and any country specified in s. 620(f)(1) of
296the federal Foreign Assistance Act of 1961, as amended, with
297whom the United States is currently conducting diplomatic
298relations unless a mandate from the United States Government
299expressly prohibits such affiliations.
300     (4)  The Office of Tourism, Trade, and Economic Development
301Secretary of State shall serve as a contact for the state with
302the Florida Washington Office, the Florida Congressional
303Delegation, and United States Government agencies with respect
304to laws or policies which may affect the interests of the state
305in the area of international relations. All inquiries received
306regarding international economic trade development or reverse
307investment opportunities shall be referred to Enterprise
308Florida, Inc. In addition, the office secretary shall serve as
309liaison with other states with respect to international programs
310of interest to Florida. The office secretary shall also
311investigate and make suggestions regarding possible areas of
312joint action or regional cooperation with these states.
313     (5)  The Office of Tourism, Trade, and Economic Development
314Secretary of State shall have the power and duty to encourage
315the relocation to Florida of consular offices and multilateral
316and international agencies and organizations.
317     (6)  The Office of Tourism, Trade, and Economic Development
318Secretary of State, through membership on the board of directors
319of Enterprise Florida, Inc., shall help to contribute an
320international perspective to the state's development efforts.
321     Section 10.  Subsection (1) of section 288.8175, Florida
322Statutes, is amended to read:
323     288.8175  Linkage institutes between postsecondary
324institutions in this state and foreign countries.--
325     (1)  As used in this section, the term "department" means
326the Department of Education State.
327     Section 11.  Section 9 of chapter 2002-180, Laws of
328Florida, is amended to read:
329     Section 9.  Black Business Investment Board, Inc., state
330employee leasing program.--
331     (1)  The Department of Management Services shall establish
332a lease-agreement program under which an employee as of June 30,
3332002, of the Black Business Investment Board, Inc., created
334under chapter 85-104, Laws of Florida, retains his or her status
335as a state employee until a set date.
336     (2)  The Department of Management Services shall establish
337the terms and conditions of the program and such lease
338agreements.
339     (a)  Status as a state employee shall include the right to
340participate in the Florida Retirement System.
341     (b)  Any employee who participates in a lease agreement
342shall work under the direct supervision of the corporation.
343     (c)  Status as a state employee under a lease agreement as
344provided in this section expires on June 30, 2007 2004, unless
345the employee voluntarily relinquishes his or her status as a
346state employee before that date.
347     Section 12.  This act shall take effect July 1, 2004.
348
349================= T I T L E  A M E N D M E N T =================
350     Remove the entire title and insert:
351
A bill to be entitled
352An act relating to economic development; transferring the
353provision of assistance and facilities to the Organization
354of American States, state protocol officer functions,
355international development outreach activities in Latin
356America and the Caribbean Basin, the Florida
357Intergovernmental Relations Foundation, and
358intergovernmental relations functions by a type two
359transfer from the Department of State to the Executive
360Office of the Governor; excluding the transfer of certain
361trust funds; transferring linkage institutes between
362postsecondary institutions in this state and foreign
363countries by a type two transfer from the Department of
364State to the Department of Education; excluding the
365transfer of certain trust funds; amending s. 14.2015,
366F.S.; providing for the performance of state protocol
367officer functions and the provision of assistance and
368facilities to the Organization of American States by the
369Office of Tourism, Trade, and Economic Development;
370repealing ss. 15.17 and 15.19, F.S., relating to the
371provision of assistance and facilities to the Organization
372of American States and the performance of state protocol
373officer functions; amending s. 15.182, F.S.; providing for
374notification of the Office of Tourism, Trade, and Economic
375Development regarding international travel by certain
376cultural arts organizations; amending s. 288.063, F.S.;
377revising requirements for the office in approving projects
378and expenditures and in allocating funds for
379transportation projects to expand and retain employment
380opportunities in the state; deleting obsolete provisions;
381amending ss. 288.0251, 288.809, and 288.816, F.S.,
382relating to international development outreach activities
383in Latin America and the Caribbean Basin, the Florida
384Intergovernmental Relations Foundation, and
385intergovernmental relations, to conform; amending s.
386288.8175, F.S.; redefining "department" for purposes of
387linkage institutes between postsecondary institutions in
388this state and foreign countries; amending s. 9, ch. 2002-
389180, Laws of Florida, relating to the Black Business
390Investment Board, Inc., state employee leasing program;
391extending the time period for retaining status as a state
392employee under a lease agreement; providing an effective
393date.


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