HB 1855

1
A bill to be entitled
2An act relating to the Department of State; transferring
3the provision of assistance and facilities to the
4Organization of American States, state protocol officer
5functions, international development outreach activities
6in Latin America and the Caribbean Basin, the Florida
7Intergovernmental Relations Foundation, and
8intergovernmental relations functions by a type two
9transfer from the Department of State to the Executive
10Office of the Governor; excluding the transfer of certain
11trust funds; transferring linkage institutes between
12postsecondary institutions in this state and foreign
13countries by a type two transfer from the Department of
14State to the Department of Education; excluding the
15transfer of certain trust funds; amending s. 14.2015,
16F.S.; providing for the performance of state protocol
17officer functions and the provision of assistance and
18facilities to the Organization of American States by the
19Office of Tourism, Trade, and Economic Development;
20repealing ss. 15.17 and 15.19, F.S., relating to the
21provision of assistance and facilities to the Organization
22of American States and the performance of state protocol
23officer functions; amending s. 15.182, F.S.; providing for
24notification of the Office of Tourism, Trade, and Economic
25Development regarding international travel by certain
26cultural arts organizations; amending ss. 288.0251,
27288.809, and 288.816, F.S., relating to international
28development outreach activities in Latin America and the
29Caribbean Basin, the Florida Intergovernmental Relations
30Foundation, and intergovernmental relations, to conform;
31amending s. 288.8175, F.S.; redefining "department" for
32purposes of linkage institutes between postsecondary
33institutions in this state and foreign countries;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  The following programs, functions, and
39activities are hereby transferred by a type two transfer, as
40defined in s. 20.06(2), Florida Statutes, from the Department of
41State to the Office of Tourism, Trade, and Economic Development
42within the Executive Office of the Governor:
43     (1)  The provision of assistance and facilities to the
44Organization of American States, as authorized and governed by
45s. 15.17, Florida Statutes, as that section exists on June 30,
462004.
47     (2)  State protocol officer functions, as authorized and
48governed by s. 15.19, Florida Statutes, as that section exists
49on June 30, 2004.
50     (3)  International development outreach activities in Latin
51America and the Caribbean Basin, as authorized and governed by
52s. 288.0251, Florida Statutes.
53     (4)  The Florida Intergovernmental Relations Foundation, as
54authorized and governed by s. 288.809, Florida Statutes.
55     (5)  Intergovernmental relations functions, as authorized
56and governed by s. 288.816, Florida Statutes.
57
58Notwithstanding s. 20.06(2), Florida Statutes, trust funds
59associated with these programs, functions, and activities shall
60remain within the Department of State.
61     Section 2.  Linkage institutes between postsecondary
62institutions in this state and foreign countries, as authorized
63and governed by s. 288.8175, Florida Statutes, are hereby
64transferred by a type two transfer, as defined in s. 20.06(2),
65Florida Statutes, from the Department of State to the Department
66of Education. Notwithstanding s. 20.06(2), Florida Statutes,
67trust funds associated with these institutes shall remain within
68the Department of State.
69     Section 3.  Subsections (10) and (11) are added to section
7014.2015, Florida Statutes, to read:
71     14.2015  Office of Tourism, Trade, and Economic
72Development; creation; powers and duties.--
73     (10)  The Director of the Office of Tourism, Trade, and
74Economic Development shall serve as the state protocol officer.
75In consultation with the Governor and other governmental
76officials, the Director of the Office of Tourism, Trade, and
77Economic Development shall develop, maintain, publish, and
78distribute the state protocol manual.
79     (11)  The Legislature authorizes the Office of Tourism,
80Trade, and Economic Development to provide assistance and
81facilities to the Organization of American States in
82establishing and maintaining a regional headquarters in this
83state.
84     Section 4.  Sections 15.17 and 15.19, Florida Statutes, are
85repealed.
86     Section 5.  Subsections (1) and (2) of section 15.182,
87Florida Statutes, are amended to read:
88     15.182  International travel by state-funded musical,
89cultural, or artistic organizations; notification to Office of
90Tourism, Trade, and Economic Development Department of State.--
91     (1)  If a musical, cultural, or artistic organization that
92receives state funding is traveling internationally for a
93presentation, performance, or other significant public viewing,
94including an organization associated with a college or
95university, such organization shall notify the Office of
96Tourism, Trade, and Economic Development Department of State of
97its intentions to travel, together with the date, time, and
98location of each appearance. It is the desire of the Legislature
99that such cultural exchanges be coordinated with the state's
100economic development goals. The Secretary of State shall notify
101Enterprise Florida, Inc., of the intended travel schedule of all
102such organizations, including, but not limited to, symphonies,
103orchestras, dance troupes, bands, choirs, choral groups, drama
104troupes, musical performing groups, traveling exhibitions
105sponsored by museums, and performance artists.
106     (2)  The Office of Tourism, Trade, and Economic Development
107Department of State, in conjunction with Enterprise Florida,
108Inc., shall act as an intermediary between performing musical,
109cultural, and artistic organizations and Florida businesses to
110encourage and coordinate joint undertakings. Such coordination
111may include, but is not limited to, encouraging business and
112industry to sponsor cultural events, assistance with travel of
113such organizations, and coordinating travel schedules of
114cultural performance groups and international trade missions.
115     Section 6.  Section 288.0251, Florida Statutes, is amended
116to read:
117     288.0251  International development outreach activities in
118Latin America and Caribbean Basin.--The Office of Tourism,
119Trade, and Economic Development Department of State may contract
120for the implementation of Florida's international volunteer
121corps to provide short-term training and technical assistance
122activities in Latin America and the Caribbean Basin. The entity
123contracted under this section must require that such activities
124be conducted by qualified volunteers who are citizens of the
125state. The contracting agency must have a statewide focus and
126experience in coordinating international volunteer programs.
127     Section 7.  Subsections (1), (2), and (3) of section
128288.809, Florida Statutes, are amended to read:
129     288.809  Florida Intergovernmental Relations Foundation;
130use of property; board of directors; audit.--
131     (1)  DEFINITIONS.--For the purposes of this section, the
132term:
133     (a)  "Florida Intergovernmental Relations Foundation" means
134a direct-support organization:
135     1.  Which is a corporation not for profit that is
136incorporated under the provisions of chapter 617 and approved by
137the Department of State;
138     2.  Which is organized and operated exclusively to solicit,
139receive, hold, invest, and administer property and, subject to
140the approval of the Office of Tourism, Trade, and Economic
141Development Department of State, to make expenditures to or for
142the promotion of intergovernmental relations programs; and
143     3.  Which the Office of Tourism, Trade, and Economic
144Development Department of State, after review, has certified to
145be operating in a manner consistent with the policies and goals
146of the office department.
147     (b)  "Personal services" includes full-time or part-time
148personnel, as well as payroll processing.
149     (2)  USE OF PROPERTY.--The Office of Tourism, Trade, and
150Economic Development department:
151     (a)  Is authorized to permit the use of property,
152facilities, and personal services of the Office of Tourism,
153Trade, and Economic Development department by the foundation,
154subject to the provisions of this section.
155     (b)  Shall prescribe conditions with which the foundation
156must comply in order to use property, facilities, or personal
157services of the department. Such conditions shall provide for
158budget and audit review and for oversight by the Office of
159Tourism, Trade, and Economic Development department.
160     (c)  Shall not permit the use of property, facilities, or
161personal services of the foundation if the foundation does not
162provide equal employment opportunities to all persons,
163regardless of race, color, national origin, sex, age, or
164religion.
165     (3)  BOARD OF DIRECTORS.--The board of directors of the
166foundation shall be composed of seven members appointed by the
167Governor Secretary of State, of whom no more than three shall be
168employees or elected officials of the state.
169     Section 8.  Section 288.816, Florida Statutes, is amended
170to read:
171     288.816  Intergovernmental relations.--
172     (1)  The Office of Tourism, Trade, and Economic Development
173Secretary of State shall be responsible for consular operations
174and the sister city and sister state program and shall serve as
175liaison with foreign, federal, and other state international
176organizations and with county and municipal governments in
177Florida.
178     (2)  The Office of Tourism, Trade, and Economic Development
179secretary shall be responsible for all consular relations
180between the state and all foreign governments doing business in
181Florida. The office secretary shall monitor United States laws
182and directives to ensure that all federal treaties regarding
183foreign privileges and immunities are properly observed. The
184office secretary shall promulgate rules which shall:
185     (a)  Establish a viable system of registration for foreign
186government officials residing or having jurisdiction in the
187state. Emphasis shall be placed on maintaining active
188communication between the Office of Tourism, Trade, and Economic
189Development secretary and the United States Department of State
190in order to be currently informed regarding foreign governmental
191personnel stationed in, or with official responsibilities for,
192Florida. Active dialogue shall also be maintained with foreign
193countries which historically have had dealings with Florida in
194order to keep them informed of the proper procedure for
195registering with the state.
196     (b)  Maintain and systematically update a current and
197accurate list of all such foreign governmental officials,
198consuls, or consulates.
199     (c)  Issue certificates to such foreign governmental
200officials after verification pursuant to proper investigations
201through United States Department of State sources and the
202appropriate foreign government.
203     (d)  Verify entitlement to sales and use tax exemptions
204pursuant to United States Department of State guidelines and
205identification methods.
206     (e)  Verify entitlement to issuance of special motor
207vehicle license plates by the Division of Motor Vehicles of the
208Department of Highway Safety and Motor Vehicles to honorary
209consuls or such other officials representing foreign governments
210who are not entitled to issuance of special Consul Corps license
211plates by the United States Government.
212     (f)  Establish a system of communication to provide all
213state and local law enforcement agencies with information
214regarding proper procedures relating to the arrest or
215incarceration of a foreign citizen.
216     (g)  Request the Department of Law Enforcement to provide
217transportation and protection services when necessary pursuant
218to s. 943.68.
219     (h)  Coordinate, when necessary, special activities between
220foreign governments and Florida state and local governments.
221These may include Consular Corps Day, Consular Corps
222conferences, and various other social, cultural, or educational
223activities.
224     (i)  Notify all newly arrived foreign governmental
225officials of the services offered by the Office of Tourism,
226Trade, and Economic Development secretary.
227     (3)  The Office of Tourism, Trade, and Economic Development
228Secretary of State shall operate the sister city and sister
229state program and establish such new programs as needed to
230further global understanding through the interchange of people,
231ideas, and culture between Florida and the world. To accomplish
232this purpose, the office secretary shall have the power and
233authority to:
234     (a)  Coordinate and carry out activities designed to
235encourage the state and its subdivisions to participate in
236sister city and sister state affiliations with foreign countries
237and their subdivisions. Such activities may include a State of
238Florida sister cities conference.
239     (b)  Encourage cooperation with and disseminate information
240pertaining to the Sister Cities International Program and any
241other program whose object is to promote linkages with foreign
242countries and their subdivisions.
243     (c)  Maximize any aid available from all levels of
244government, public and private agencies, and other entities to
245facilitate such activities.
246     (d)  Establish a viable system of registration for sister
247city and sister state affiliations between the state and foreign
248countries and their subdivisions. Such system shall include a
249method to determine that sufficient ties are properly
250established as well as a method to supervise how these ties are
251maintained.
252     (e)  Maintain a current and accurate listing of all such
253affiliations. Sister city affiliations shall not be discouraged
254between the state and any country specified in s. 620(f)(1) of
255the federal Foreign Assistance Act of 1961, as amended, with
256whom the United States is currently conducting diplomatic
257relations unless a mandate from the United States Government
258expressly prohibits such affiliations.
259     (4)  The Office of Tourism, Trade, and Economic Development
260Secretary of State shall serve as a contact for the state with
261the Florida Washington Office, the Florida Congressional
262Delegation, and United States Government agencies with respect
263to laws or policies which may affect the interests of the state
264in the area of international relations. All inquiries received
265regarding international economic trade development or reverse
266investment opportunities shall be referred to Enterprise
267Florida, Inc. In addition, the office secretary shall serve as
268liaison with other states with respect to international programs
269of interest to Florida. The office secretary shall also
270investigate and make suggestions regarding possible areas of
271joint action or regional cooperation with these states.
272     (5)  The Office of Tourism, Trade, and Economic Development
273Secretary of State shall have the power and duty to encourage
274the relocation to Florida of consular offices and multilateral
275and international agencies and organizations.
276     (6)  The Office of Tourism, Trade, and Economic Development
277Secretary of State, through membership on the board of directors
278of Enterprise Florida, Inc., shall help to contribute an
279international perspective to the state's development efforts.
280     Section 9.  Subsection (1) of section 288.8175, Florida
281Statutes, is amended to read:
282     288.8175  Linkage institutes between postsecondary
283institutions in this state and foreign countries.--
284     (1)  As used in this section, the term "department" means
285the Department of Education State.
286     Section 10.  This act shall take effect July 1, 2004.


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