| 1 | A bill to be entitled |
| 2 | An act relating to the Department of State; transferring |
| 3 | the provision of assistance and facilities to the |
| 4 | Organization of American States, state protocol officer |
| 5 | functions, international development outreach activities |
| 6 | in Latin America and the Caribbean Basin, the Florida |
| 7 | Intergovernmental Relations Foundation, and |
| 8 | intergovernmental relations functions by a type two |
| 9 | transfer from the Department of State to the Executive |
| 10 | Office of the Governor; excluding the transfer of certain |
| 11 | trust funds; transferring linkage institutes between |
| 12 | postsecondary institutions in this state and foreign |
| 13 | countries by a type two transfer from the Department of |
| 14 | State to the Department of Education; excluding the |
| 15 | transfer of certain trust funds; amending s. 14.2015, |
| 16 | F.S.; providing for the performance of state protocol |
| 17 | officer functions and the provision of assistance and |
| 18 | facilities to the Organization of American States by the |
| 19 | Office of Tourism, Trade, and Economic Development; |
| 20 | repealing ss. 15.17 and 15.19, F.S., relating to the |
| 21 | provision of assistance and facilities to the Organization |
| 22 | of American States and the performance of state protocol |
| 23 | officer functions; amending s. 15.182, F.S.; providing for |
| 24 | notification of the Office of Tourism, Trade, and Economic |
| 25 | Development regarding international travel by certain |
| 26 | cultural arts organizations; amending ss. 288.0251, |
| 27 | 288.809, and 288.816, F.S., relating to international |
| 28 | development outreach activities in Latin America and the |
| 29 | Caribbean Basin, the Florida Intergovernmental Relations |
| 30 | Foundation, and intergovernmental relations, to conform; |
| 31 | amending s. 288.8175, F.S.; redefining "department" for |
| 32 | purposes of linkage institutes between postsecondary |
| 33 | institutions in this state and foreign countries; |
| 34 | providing an effective date. |
| 35 |
|
| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
|
| 38 | Section 1. The following programs, functions, and |
| 39 | activities are hereby transferred by a type two transfer, as |
| 40 | defined in s. 20.06(2), Florida Statutes, from the Department of |
| 41 | State to the Office of Tourism, Trade, and Economic Development |
| 42 | within the Executive Office of the Governor: |
| 43 | (1) The provision of assistance and facilities to the |
| 44 | Organization of American States, as authorized and governed by |
| 45 | s. 15.17, Florida Statutes, as that section exists on June 30, |
| 46 | 2004. |
| 47 | (2) State protocol officer functions, as authorized and |
| 48 | governed by s. 15.19, Florida Statutes, as that section exists |
| 49 | on June 30, 2004. |
| 50 | (3) International development outreach activities in Latin |
| 51 | America and the Caribbean Basin, as authorized and governed by |
| 52 | s. 288.0251, Florida Statutes. |
| 53 | (4) The Florida Intergovernmental Relations Foundation, as |
| 54 | authorized and governed by s. 288.809, Florida Statutes. |
| 55 | (5) Intergovernmental relations functions, as authorized |
| 56 | and governed by s. 288.816, Florida Statutes. |
| 57 |
|
| 58 | Notwithstanding s. 20.06(2), Florida Statutes, trust funds |
| 59 | associated with these programs, functions, and activities shall |
| 60 | remain within the Department of State. |
| 61 | Section 2. Linkage institutes between postsecondary |
| 62 | institutions in this state and foreign countries, as authorized |
| 63 | and governed by s. 288.8175, Florida Statutes, are hereby |
| 64 | transferred by a type two transfer, as defined in s. 20.06(2), |
| 65 | Florida Statutes, from the Department of State to the Department |
| 66 | of Education. Notwithstanding s. 20.06(2), Florida Statutes, |
| 67 | trust funds associated with these institutes shall remain within |
| 68 | the Department of State. |
| 69 | Section 3. Subsections (10) and (11) are added to section |
| 70 | 14.2015, Florida Statutes, to read: |
| 71 | 14.2015 Office of Tourism, Trade, and Economic |
| 72 | Development; creation; powers and duties.-- |
| 73 | (10) The Director of the Office of Tourism, Trade, and |
| 74 | Economic Development shall serve as the state protocol officer. |
| 75 | In consultation with the Governor and other governmental |
| 76 | officials, the Director of the Office of Tourism, Trade, and |
| 77 | Economic Development shall develop, maintain, publish, and |
| 78 | distribute the state protocol manual. |
| 79 | (11) The Legislature authorizes the Office of Tourism, |
| 80 | Trade, and Economic Development to provide assistance and |
| 81 | facilities to the Organization of American States in |
| 82 | establishing and maintaining a regional headquarters in this |
| 83 | state. |
| 84 | Section 4. Sections 15.17 and 15.19, Florida Statutes, are |
| 85 | repealed. |
| 86 | Section 5. Subsections (1) and (2) of section 15.182, |
| 87 | Florida Statutes, are amended to read: |
| 88 | 15.182 International travel by state-funded musical, |
| 89 | cultural, or artistic organizations; notification to Office of |
| 90 | Tourism, Trade, and Economic Development Department of State.-- |
| 91 | (1) If a musical, cultural, or artistic organization that |
| 92 | receives state funding is traveling internationally for a |
| 93 | presentation, performance, or other significant public viewing, |
| 94 | including an organization associated with a college or |
| 95 | university, such organization shall notify the Office of |
| 96 | Tourism, Trade, and Economic Development Department of State of |
| 97 | its intentions to travel, together with the date, time, and |
| 98 | location of each appearance. It is the desire of the Legislature |
| 99 | that such cultural exchanges be coordinated with the state's |
| 100 | economic development goals. The Secretary of State shall notify |
| 101 | Enterprise Florida, Inc., of the intended travel schedule of all |
| 102 | such organizations, including, but not limited to, symphonies, |
| 103 | orchestras, dance troupes, bands, choirs, choral groups, drama |
| 104 | troupes, musical performing groups, traveling exhibitions |
| 105 | sponsored by museums, and performance artists. |
| 106 | (2) The Office of Tourism, Trade, and Economic Development |
| 107 | Department of State, in conjunction with Enterprise Florida, |
| 108 | Inc., shall act as an intermediary between performing musical, |
| 109 | cultural, and artistic organizations and Florida businesses to |
| 110 | encourage and coordinate joint undertakings. Such coordination |
| 111 | may include, but is not limited to, encouraging business and |
| 112 | industry to sponsor cultural events, assistance with travel of |
| 113 | such organizations, and coordinating travel schedules of |
| 114 | cultural performance groups and international trade missions. |
| 115 | Section 6. Section 288.0251, Florida Statutes, is amended |
| 116 | to read: |
| 117 | 288.0251 International development outreach activities in |
| 118 | Latin America and Caribbean Basin.--The Office of Tourism, |
| 119 | Trade, and Economic Development Department of State may contract |
| 120 | for the implementation of Florida's international volunteer |
| 121 | corps to provide short-term training and technical assistance |
| 122 | activities in Latin America and the Caribbean Basin. The entity |
| 123 | contracted under this section must require that such activities |
| 124 | be conducted by qualified volunteers who are citizens of the |
| 125 | state. The contracting agency must have a statewide focus and |
| 126 | experience in coordinating international volunteer programs. |
| 127 | Section 7. Subsections (1), (2), and (3) of section |
| 128 | 288.809, Florida Statutes, are amended to read: |
| 129 | 288.809 Florida Intergovernmental Relations Foundation; |
| 130 | use of property; board of directors; audit.-- |
| 131 | (1) DEFINITIONS.--For the purposes of this section, the |
| 132 | term: |
| 133 | (a) "Florida Intergovernmental Relations Foundation" means |
| 134 | a direct-support organization: |
| 135 | 1. Which is a corporation not for profit that is |
| 136 | incorporated under the provisions of chapter 617 and approved by |
| 137 | the Department of State; |
| 138 | 2. Which is organized and operated exclusively to solicit, |
| 139 | receive, hold, invest, and administer property and, subject to |
| 140 | the approval of the Office of Tourism, Trade, and Economic |
| 141 | Development Department of State, to make expenditures to or for |
| 142 | the promotion of intergovernmental relations programs; and |
| 143 | 3. Which the Office of Tourism, Trade, and Economic |
| 144 | Development Department of State, after review, has certified to |
| 145 | be operating in a manner consistent with the policies and goals |
| 146 | of the office department. |
| 147 | (b) "Personal services" includes full-time or part-time |
| 148 | personnel, as well as payroll processing. |
| 149 | (2) USE OF PROPERTY.--The Office of Tourism, Trade, and |
| 150 | Economic Development department: |
| 151 | (a) Is authorized to permit the use of property, |
| 152 | facilities, and personal services of the Office of Tourism, |
| 153 | Trade, and Economic Development department by the foundation, |
| 154 | subject to the provisions of this section. |
| 155 | (b) Shall prescribe conditions with which the foundation |
| 156 | must comply in order to use property, facilities, or personal |
| 157 | services of the department. Such conditions shall provide for |
| 158 | budget and audit review and for oversight by the Office of |
| 159 | Tourism, Trade, and Economic Development department. |
| 160 | (c) Shall not permit the use of property, facilities, or |
| 161 | personal services of the foundation if the foundation does not |
| 162 | provide equal employment opportunities to all persons, |
| 163 | regardless of race, color, national origin, sex, age, or |
| 164 | religion. |
| 165 | (3) BOARD OF DIRECTORS.--The board of directors of the |
| 166 | foundation shall be composed of seven members appointed by the |
| 167 | Governor Secretary of State, of whom no more than three shall be |
| 168 | employees or elected officials of the state. |
| 169 | Section 8. Section 288.816, Florida Statutes, is amended |
| 170 | to read: |
| 171 | 288.816 Intergovernmental relations.-- |
| 172 | (1) The Office of Tourism, Trade, and Economic Development |
| 173 | Secretary of State shall be responsible for consular operations |
| 174 | and the sister city and sister state program and shall serve as |
| 175 | liaison with foreign, federal, and other state international |
| 176 | organizations and with county and municipal governments in |
| 177 | Florida. |
| 178 | (2) The Office of Tourism, Trade, and Economic Development |
| 179 | secretary shall be responsible for all consular relations |
| 180 | between the state and all foreign governments doing business in |
| 181 | Florida. The office secretary shall monitor United States laws |
| 182 | and directives to ensure that all federal treaties regarding |
| 183 | foreign privileges and immunities are properly observed. The |
| 184 | office secretary shall promulgate rules which shall: |
| 185 | (a) Establish a viable system of registration for foreign |
| 186 | government officials residing or having jurisdiction in the |
| 187 | state. Emphasis shall be placed on maintaining active |
| 188 | communication between the Office of Tourism, Trade, and Economic |
| 189 | Development secretary and the United States Department of State |
| 190 | in order to be currently informed regarding foreign governmental |
| 191 | personnel stationed in, or with official responsibilities for, |
| 192 | Florida. Active dialogue shall also be maintained with foreign |
| 193 | countries which historically have had dealings with Florida in |
| 194 | order to keep them informed of the proper procedure for |
| 195 | registering with the state. |
| 196 | (b) Maintain and systematically update a current and |
| 197 | accurate list of all such foreign governmental officials, |
| 198 | consuls, or consulates. |
| 199 | (c) Issue certificates to such foreign governmental |
| 200 | officials after verification pursuant to proper investigations |
| 201 | through United States Department of State sources and the |
| 202 | appropriate foreign government. |
| 203 | (d) Verify entitlement to sales and use tax exemptions |
| 204 | pursuant to United States Department of State guidelines and |
| 205 | identification methods. |
| 206 | (e) Verify entitlement to issuance of special motor |
| 207 | vehicle license plates by the Division of Motor Vehicles of the |
| 208 | Department of Highway Safety and Motor Vehicles to honorary |
| 209 | consuls or such other officials representing foreign governments |
| 210 | who are not entitled to issuance of special Consul Corps license |
| 211 | plates by the United States Government. |
| 212 | (f) Establish a system of communication to provide all |
| 213 | state and local law enforcement agencies with information |
| 214 | regarding proper procedures relating to the arrest or |
| 215 | incarceration of a foreign citizen. |
| 216 | (g) Request the Department of Law Enforcement to provide |
| 217 | transportation and protection services when necessary pursuant |
| 218 | to s. 943.68. |
| 219 | (h) Coordinate, when necessary, special activities between |
| 220 | foreign governments and Florida state and local governments. |
| 221 | These may include Consular Corps Day, Consular Corps |
| 222 | conferences, and various other social, cultural, or educational |
| 223 | activities. |
| 224 | (i) Notify all newly arrived foreign governmental |
| 225 | officials of the services offered by the Office of Tourism, |
| 226 | Trade, and Economic Development secretary. |
| 227 | (3) The Office of Tourism, Trade, and Economic Development |
| 228 | Secretary of State shall operate the sister city and sister |
| 229 | state program and establish such new programs as needed to |
| 230 | further global understanding through the interchange of people, |
| 231 | ideas, and culture between Florida and the world. To accomplish |
| 232 | this purpose, the office secretary shall have the power and |
| 233 | authority to: |
| 234 | (a) Coordinate and carry out activities designed to |
| 235 | encourage the state and its subdivisions to participate in |
| 236 | sister city and sister state affiliations with foreign countries |
| 237 | and their subdivisions. Such activities may include a State of |
| 238 | Florida sister cities conference. |
| 239 | (b) Encourage cooperation with and disseminate information |
| 240 | pertaining to the Sister Cities International Program and any |
| 241 | other program whose object is to promote linkages with foreign |
| 242 | countries and their subdivisions. |
| 243 | (c) Maximize any aid available from all levels of |
| 244 | government, public and private agencies, and other entities to |
| 245 | facilitate such activities. |
| 246 | (d) Establish a viable system of registration for sister |
| 247 | city and sister state affiliations between the state and foreign |
| 248 | countries and their subdivisions. Such system shall include a |
| 249 | method to determine that sufficient ties are properly |
| 250 | established as well as a method to supervise how these ties are |
| 251 | maintained. |
| 252 | (e) Maintain a current and accurate listing of all such |
| 253 | affiliations. Sister city affiliations shall not be discouraged |
| 254 | between the state and any country specified in s. 620(f)(1) of |
| 255 | the federal Foreign Assistance Act of 1961, as amended, with |
| 256 | whom the United States is currently conducting diplomatic |
| 257 | relations unless a mandate from the United States Government |
| 258 | expressly prohibits such affiliations. |
| 259 | (4) The Office of Tourism, Trade, and Economic Development |
| 260 | Secretary of State shall serve as a contact for the state with |
| 261 | the Florida Washington Office, the Florida Congressional |
| 262 | Delegation, and United States Government agencies with respect |
| 263 | to laws or policies which may affect the interests of the state |
| 264 | in the area of international relations. All inquiries received |
| 265 | regarding international economic trade development or reverse |
| 266 | investment opportunities shall be referred to Enterprise |
| 267 | Florida, Inc. In addition, the office secretary shall serve as |
| 268 | liaison with other states with respect to international programs |
| 269 | of interest to Florida. The office secretary shall also |
| 270 | investigate and make suggestions regarding possible areas of |
| 271 | joint action or regional cooperation with these states. |
| 272 | (5) The Office of Tourism, Trade, and Economic Development |
| 273 | Secretary of State shall have the power and duty to encourage |
| 274 | the relocation to Florida of consular offices and multilateral |
| 275 | and international agencies and organizations. |
| 276 | (6) The Office of Tourism, Trade, and Economic Development |
| 277 | Secretary of State, through membership on the board of directors |
| 278 | of Enterprise Florida, Inc., shall help to contribute an |
| 279 | international perspective to the state's development efforts. |
| 280 | Section 9. Subsection (1) of section 288.8175, Florida |
| 281 | Statutes, is amended to read: |
| 282 | 288.8175 Linkage institutes between postsecondary |
| 283 | institutions in this state and foreign countries.-- |
| 284 | (1) As used in this section, the term "department" means |
| 285 | the Department of Education State. |
| 286 | Section 10. This act shall take effect July 1, 2004. |