SENATE AMENDMENT
    Bill No. HB 1855
    Amendment No. ___   Barcode 681168
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/3R        .                    
       04/02/2004 01:51 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Webster moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  The following programs, functions, and
18  activities, including all statutory powers, duties, functions,
19  rules, records, personnel, property, and unexpended balances
20  of appropriations, allocations, and other funds associated
21  with the identified program, function, or activity are
22  transferred intact by a type two transfer, as defined in
23  section 20.06(2), Florida Statutes, from the Department of
24  State to the Office of Tourism, Trade, and Economic
25  Development within the Executive Office of the Governor:
26         (1)  The Intergovernmental Relations Foundation, as
27  authorized and governed by section 288.809, Florida Statutes;
28         (2)  Intergovernmental relations, as authorized and
29  governed by section 288.816, Florida Statutes; and
30         (3)  The Organization of American States, as authorized
31  and governed by section 15.17, Florida Statutes.
                                  1
    8:58 AM   04/02/04                                h1855c-09j01

SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 Section 2. Section 15.17, Florida Statutes, is 2 repealed. 3 Section 3. Subsection (10) is added to section 4 14.2015, Florida Statutes, to read: 5 14.2015 Office of Tourism, Trade, and Economic 6 Development; creation; powers and duties.-- 7 (10) The Office of Tourism, Trade, and Economic 8 Development may provide assistance and facilities to the 9 Organization of American States in establishing and 10 maintaining a regional headquarters in this state. 11 Section 4. Subsections (1), (3), (6), (10), and (11) 12 of section 288.063, Florida Statutes, are amended to read: 13 288.063 Contracts for transportation projects.-- 14 (1) The Office of Tourism, Trade, and Economic 15 Development is authorized to make, and based on a 16 recommendation from Enterprise Florida, Inc., and the 17 Department of Transportation, to approve, expenditures and 18 enter into contracts for direct costs of transportation 19 projects with the appropriate governmental body. The Office of 20 Tourism, Trade, and Economic Development has final approval 21 authority for any project under this section. 22 (3) With respect to any contract executed pursuant to 23 this section, the term "transportation project" means a 24 transportation facility as defined in s. 334.03(31) which is 25 necessary in the judgment of the Office of Tourism, Trade, and 26 Economic Development to facilitate the economic development 27 and growth of the state. Except for applications received 28 prior to July 1, 1996, such transportation projects shall be 29 approved only as a consideration to attract new employment 30 opportunities to the state or expand or retain employment in 31 existing companies operating within the state, or to allow for 2 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 the construction or expansion of a state or federal 2 correctional facility in a county with a population of 75,000 3 or less that creates new employment opportunities or expands 4 or retains employment in the county. The Office of Tourism, 5 Trade, and Economic Development shall institute procedures to 6 ensure that small and minority businesses have equal access to 7 funding provided under this section. Funding for approved 8 transportation projects may include any expenses, other than 9 administrative costs and equipment purchases specified in the 10 contract, necessary for new, or improvement to existing, 11 transportation facilities. Funds made available pursuant to 12 this section may not be expended in connection with the 13 relocation of a business from one community to another 14 community in this state unless the Office of Tourism, Trade, 15 and Economic Development determines that without such 16 relocation the business will move outside this state or 17 determines that the business has a compelling economic 18 rationale for the relocation which creates additional jobs. A 19 portion of the funds appropriated under this section shall 20 initially be allocated to each of the districts of the 21 Department of Transportation to ensure equitable geographical 22 distribution. Funds remaining uncommitted by the third quarter 23 of the fiscal year may be reallocated among districts based on 24 pending project requests. 25 (6) The Department of Transportation shall review 26 proposed projects to ensure proper coordination with 27 transportation projects included in the adopted work program 28 and shall may be the contracting agency when the project is on 29 the State Highway System. In addition, upon request by the 30 appropriate governmental body, the department may advise and 31 assist it or plan and construct other such transportation 3 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 projects for it. 2 (10)(a) Notwithstanding the provisions of s. 216.301, 3 funds appropriated for this purpose shall not be subject to 4 reversion. 5 (b) For the 2003-2004 fiscal year only and 6 notwithstanding paragraph (a), funds appropriated for this 7 purpose in previous years are subject to the reversion 8 requirements of s. 216.301. This paragraph expires July 1, 9 2004. 10 (10)(11) In addition to the other provisions of this 11 section, projects that the Legislature deems necessary to 12 facilitate the economic development and growth of the state 13 may be designated and funded in the General Appropriations 14 Act. Such transportation projects create new employment 15 opportunities, expand transportation infrastructure, improve 16 mobility, or increase transportation innovation. The Office of 17 Tourism, Trade, and Economic Development shall enter into 18 contracts with, and make expenditures to, the appropriate 19 entities for the costs of transportation projects designated 20 in the General Appropriations Act. This subsection expires 21 July 1, 2003. 22 Section 5. Paragraph (a) of subsection (1) and 23 subsections (2) and (3) of section 288.809, Florida Statutes, 24 are amended to read: 25 288.809 Florida Intergovernmental Relations 26 Foundation; use of property; board of directors; audit.-- 27 (1) DEFINITIONS.--For the purposes of this section, 28 the term: 29 (a) "Florida Intergovernmental Relations Foundation" 30 means a direct-support organization: 31 1. Which is a corporation not for profit that is 4 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 incorporated under the provisions of chapter 617 and approved 2 by the Department of State; 3 2. Which is organized and operated exclusively to 4 solicit, receive, hold, invest, and administer property and, 5 subject to the approval of the Office of Tourism, Trade, and 6 Economic Development Department of State, to make expenditures 7 to or for the promotion of intergovernmental relations 8 programs; and 9 3. Which the Office of Tourism, Trade, and Economic 10 Development Department of State, after review, has certified 11 to be operating in a manner consistent with the policies and 12 goals of the Office of Tourism, Trade, and Economic 13 Development department. 14 (2) USE OF PROPERTY.--The Office of Tourism, Trade, 15 and Economic Development department: 16 (a) Is authorized to permit the use of property, 17 facilities, and personal services of the Office of Tourism, 18 Trade, and Economic Development department by the foundation, 19 subject to the provisions of this section. 20 (b) Shall prescribe conditions with which the 21 foundation must comply in order to use property, facilities, 22 or personal services of the Office of Tourism, Trade, and 23 Economic Development department. Such conditions shall provide 24 for budget and audit review and for oversight by the Office of 25 Tourism, Trade, and Economic Development department. 26 (c) Shall not permit the use of property, facilities, 27 or personal services of the foundation if the foundation does 28 not provide equal employment opportunities to all persons, 29 regardless of race, color, national origin, sex, age, or 30 religion. 31 (3) BOARD OF DIRECTORS.--The board of directors of the 5 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 foundation shall be composed of seven members appointed by the 2 Office of Tourism, Trade, and Economic Development Secretary 3 of State, of whom no more than three shall be employees or 4 elected officials of the state. 5 Section 6. Section 288.816, Florida Statutes, is 6 amended to read: 7 288.816 Intergovernmental relations.-- 8 (1) The Office of Tourism, Trade, and Economic 9 Development Secretary of State shall be responsible for 10 consular operations and the sister city and sister state 11 program and shall serve as liaison with foreign, federal, and 12 other state international organizations and with county and 13 municipal governments in Florida. 14 (2) The Office of Tourism, Trade, and Economic 15 Development secretary shall be responsible for all consular 16 relations between the state and all foreign governments doing 17 business in Florida. The Office of Tourism, Trade, and 18 Economic Development secretary shall monitor United States 19 laws and directives to ensure that all federal treaties 20 regarding foreign privileges and immunities are properly 21 observed. The Office of Tourism, Trade, and Economic 22 Development secretary shall adopt promulgate rules that which 23 shall: 24 (a) Establish a viable system of registration for 25 foreign government officials residing or having jurisdiction 26 in the state. Emphasis shall be placed on maintaining active 27 communication between the Office of Tourism, Trade, and 28 Economic Development secretary and the United States 29 Department of State in order to be currently informed 30 regarding foreign governmental personnel stationed in, or with 31 official responsibilities for, Florida. Active dialogue shall 6 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 also be maintained with foreign countries which historically 2 have had dealings with Florida in order to keep them informed 3 of the proper procedure for registering with the state. 4 (b) Maintain and systematically update a current and 5 accurate list of all such foreign governmental officials, 6 consuls, or consulates. 7 (c) Issue certificates to such foreign governmental 8 officials after verification pursuant to proper investigations 9 through United States Department of State sources and the 10 appropriate foreign government. 11 (d) Verify entitlement to sales and use tax exemptions 12 pursuant to United States Department of State guidelines and 13 identification methods. 14 (e) Verify entitlement to issuance of special motor 15 vehicle license plates by the Division of Motor Vehicles of 16 the Department of Highway Safety and Motor Vehicles to 17 honorary consuls or such other officials representing foreign 18 governments who are not entitled to issuance of special Consul 19 Corps license plates by the United States Government. 20 (f) Establish a system of communication to provide all 21 state and local law enforcement agencies with information 22 regarding proper procedures relating to the arrest or 23 incarceration of a foreign citizen. 24 (g) Request the Department of Law Enforcement to 25 provide transportation and protection services when necessary 26 pursuant to s. 943.68. 27 (h) Coordinate, when necessary, special activities 28 between foreign governments and Florida state and local 29 governments. These may include Consular Corps Day, Consular 30 Corps conferences, and various other social, cultural, or 31 educational activities. 7 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 (i) Notify all newly arrived foreign governmental 2 officials of the services offered by the Office of Tourism, 3 Trade, and Economic Development secretary. 4 (3) The Office of Tourism, Trade, and Economic 5 Development Secretary of State shall operate the sister city 6 and sister state program and establish such new programs as 7 needed to further global understanding through the interchange 8 of people, ideas, and culture between Florida and the world. 9 To accomplish this purpose, the Office of Tourism, Trade, and 10 Economic Development secretary shall have the power and 11 authority to: 12 (a) Coordinate and carry out activities designed to 13 encourage the state and its subdivisions to participate in 14 sister city and sister state affiliations with foreign 15 countries and their subdivisions. Such activities may include 16 a State of Florida sister cities conference. 17 (b) Encourage cooperation with and disseminate 18 information pertaining to the Sister Cities International 19 Program and any other program whose object is to promote 20 linkages with foreign countries and their subdivisions. 21 (c) Maximize any aid available from all levels of 22 government, public and private agencies, and other entities to 23 facilitate such activities. 24 (d) Establish a viable system of registration for 25 sister city and sister state affiliations between the state 26 and foreign countries and their subdivisions. Such system 27 shall include a method to determine that sufficient ties are 28 properly established as well as a method to supervise how 29 these ties are maintained. 30 (e) Maintain a current and accurate listing of all 31 such affiliations. Sister city affiliations shall not be 8 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 discouraged between the state and any country specified in s. 2 620(f)(1) of the federal Foreign Assistance Act of 1961, as 3 amended, with whom the United States is currently conducting 4 diplomatic relations unless a mandate from the United States 5 Government expressly prohibits such affiliations. 6 (4) The Office of Tourism, Trade, and Economic 7 Development Secretary of State shall serve as a contact for 8 the state with the Florida Washington Office, the Florida 9 Congressional Delegation, and United States Government 10 agencies with respect to laws or policies which may affect the 11 interests of the state in the area of international relations. 12 All inquiries received regarding international economic trade 13 development or reverse investment opportunities shall be 14 referred to Enterprise Florida, Inc. In addition, the Office 15 of Tourism, Trade, and Economic Development secretary shall 16 serve as liaison with other states with respect to 17 international programs of interest to Florida. The Office of 18 Tourism, Trade, and Economic Development secretary shall also 19 investigate and make suggestions regarding possible areas of 20 joint action or regional cooperation with these states. 21 (5) The Office of Tourism, Trade, and Economic 22 Development Secretary of State shall have the power and duty 23 to encourage the relocation to Florida of consular offices and 24 multilateral and international agencies and organizations. 25 (6) The Office of Tourism, Trade, and Economic 26 Development Secretary of State, through membership on the 27 board of directors of Enterprise Florida, Inc., shall help to 28 contribute an international perspective to the state's 29 development efforts. 30 Section 7. This act shall take effect July 1, 2004. 31 9 8:58 AM 04/02/04 h1855c-09j01
SENATE AMENDMENT Bill No. HB 1855 Amendment No. ___ Barcode 681168 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to the Office of Tourism, 8 Trade, and Economic Development; transferring 9 the programs, functions, powers, duties, rules, 10 records, personnel, property, and balances of 11 appropriations and other funds of the 12 Intergovernmental Relations Foundation and the 13 Organization of American States from the 14 Department of State to the Office of Tourism, 15 Trade, and Economic Development within the 16 Executive Office of the Governor; repealing s. 17 15.17, F.S., relating to the Organization of 18 American States; amending s. 14.2015, F.S., 19 relating to the powers and duties of the Office 20 of Tourism, Trade, and Economic Development, to 21 conform; amending s. 288.063, F.S.; revising 22 requirements for the office in approving 23 projects and expenditures and in allocating 24 funds for transportation projects to expand and 25 retain employment opportunities in the state; 26 deleting obsolete provisions; amending ss. 27 288.809 and 288.816, F.S., relating to the 28 Florida Intergovernmental Relations Foundation; 29 conforming provisions to the transfer of 30 programs and duties made by the act; providing 31 an effective date. 10 8:58 AM 04/02/04 h1855c-09j01