HB 1855

1
A bill to be entitled
2An act relating to economic development; transferring the
3provision of assistance and facilities to the Organization
4of American States, state protocol officer functions,
5international development outreach activities in Latin
6America 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 s. 288.063, F.S.;
27revising requirements for the office in approving projects
28and expenditures and in allocating funds for
29transportation projects to expand and retain employment
30opportunities in the state; deleting obsolete provisions;
31amending ss. 288.0251, 288.809, and 288.816, F.S.,
32relating to international development outreach activities
33in Latin America and the Caribbean Basin, the Florida
34Intergovernmental Relations Foundation, and
35intergovernmental relations, to conform; amending s.
36288.8175, F.S.; redefining "department" for purposes of
37linkage institutes between postsecondary institutions in
38this state and foreign countries; amending s. 9, ch. 2002-
39180, Laws of Florida, relating to the Black Business
40Investment Board, Inc., state employee leasing program;
41extending the time period for retaining status as a state
42employee under a lease agreement; providing an effective
43date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  The following programs, functions, and
48activities are hereby transferred by a type two transfer, as
49defined in s. 20.06(2), Florida Statutes, from the Department of
50State to the Office of Tourism, Trade, and Economic Development
51within the Executive Office of the Governor:
52     (1)  The provision of assistance and facilities to the
53Organization of American States, as authorized and governed by
54s. 15.17, Florida Statutes, as that section exists on June 30,
552004.
56     (2)  State protocol officer functions, as authorized and
57governed by s. 15.19, Florida Statutes, as that section exists
58on June 30, 2004.
59     (3)  International development outreach activities in Latin
60America and the Caribbean Basin, as authorized and governed by
61s. 288.0251, Florida Statutes.
62     (4)  The Florida Intergovernmental Relations Foundation, as
63authorized and governed by s. 288.809, Florida Statutes.
64     (5)  Intergovernmental relations functions, as authorized
65and governed by s. 288.816, Florida Statutes.
66
67Notwithstanding s. 20.06(2), Florida Statutes, trust funds
68associated with these programs, functions, and activities shall
69remain within the Department of State.
70     Section 2.  Linkage institutes between postsecondary
71institutions in this state and foreign countries, as authorized
72and governed by s. 288.8175, Florida Statutes, are hereby
73transferred by a type two transfer, as defined in s. 20.06(2),
74Florida Statutes, from the Department of State to the Department
75of Education. Notwithstanding s. 20.06(2), Florida Statutes,
76trust funds associated with these institutes shall remain within
77the Department of State.
78     Section 3.  Subsections (10) and (11) are added to section
7914.2015, Florida Statutes, to read:
80     14.2015  Office of Tourism, Trade, and Economic
81Development; creation; powers and duties.--
82     (10)  The Director of the Office of Tourism, Trade, and
83Economic Development shall serve as the state protocol officer.
84In consultation with the Governor and other governmental
85officials, the Director of the Office of Tourism, Trade, and
86Economic Development shall develop, maintain, publish, and
87distribute the state protocol manual.
88     (11)  The Legislature authorizes the Office of Tourism,
89Trade, and Economic Development to provide assistance and
90facilities to the Organization of American States in
91establishing and maintaining a regional headquarters in this
92state.
93     Section 4.  Sections 15.17 and 15.19, Florida Statutes, are
94repealed.
95     Section 5.  Subsections (1) and (2) of section 15.182,
96Florida Statutes, are amended to read:
97     15.182  International travel by state-funded musical,
98cultural, or artistic organizations; notification to Office of
99Tourism, Trade, and Economic Development Department of State.--
100     (1)  If a musical, cultural, or artistic organization that
101receives state funding is traveling internationally for a
102presentation, performance, or other significant public viewing,
103including an organization associated with a college or
104university, such organization shall notify the Office of
105Tourism, Trade, and Economic Development Department of State of
106its intentions to travel, together with the date, time, and
107location of each appearance. It is the desire of the Legislature
108that such cultural exchanges be coordinated with the state's
109economic development goals. The Secretary of State shall notify
110Enterprise Florida, Inc., of the intended travel schedule of all
111such organizations, including, but not limited to, symphonies,
112orchestras, dance troupes, bands, choirs, choral groups, drama
113troupes, musical performing groups, traveling exhibitions
114sponsored by museums, and performance artists.
115     (2)  The Office of Tourism, Trade, and Economic Development
116Department of State, in conjunction with Enterprise Florida,
117Inc., shall act as an intermediary between performing musical,
118cultural, and artistic organizations and Florida businesses to
119encourage and coordinate joint undertakings. Such coordination
120may include, but is not limited to, encouraging business and
121industry to sponsor cultural events, assistance with travel of
122such organizations, and coordinating travel schedules of
123cultural performance groups and international trade missions.
124     Section 6.  Section 288.0251, Florida Statutes, is amended
125to read:
126     288.0251  International development outreach activities in
127Latin America and Caribbean Basin.--The Office of Tourism,
128Trade, and Economic Development Department of State may contract
129for the implementation of Florida's international volunteer
130corps to provide short-term training and technical assistance
131activities in Latin America and the Caribbean Basin. The entity
132contracted under this section must require that such activities
133be conducted by qualified volunteers who are citizens of the
134state. The contracting agency must have a statewide focus and
135experience in coordinating international volunteer programs.
136     Section 7.  Subsections (1), (3), (6), (10), and (11) of
137section 288.063, Florida Statutes, are amended to read:
138     288.063  Contracts for transportation projects.--
139     (1)  The Office of Tourism, Trade, and Economic Development
140is authorized to make, and based on a recommendation from
141Enterprise Florida, Inc., to approve, expenditures and enter
142into contracts for direct costs of transportation projects with
143the appropriate governmental body. The Office of Tourism, Trade,
144and Economic Development shall provide the Department of
145Transportation, the Department of Environmental Protection, and
146the Department of Community Affairs with an opportunity to
147formally review and comment on recommended transportation
148projects, although the Office of Tourism, Trade, and Economic
149Development has final approval authority for any project under
150this section.
151     (3)  With respect to any contract executed pursuant to this
152section, the term "transportation project" means a
153transportation facility as defined in s. 334.03(31) which is
154necessary in the judgment of the Office of Tourism, Trade, and
155Economic Development to facilitate the economic development and
156growth of the state. Except for applications received prior to
157July 1, 1996, such transportation projects shall be approved
158only as a consideration to attract new employment opportunities
159to the state or expand or retain employment in existing
160companies operating within the state, or to allow for the
161construction or expansion of a state or federal correctional
162facility in a county with a population of 75,000 or less that
163creates new employment opportunities or expands or retains
164employment in the county. The Office of Tourism, Trade, and
165Economic Development shall institute procedures to ensure that
166small and minority businesses have equal access to funding
167provided under this section. Funding for approved transportation
168projects may include any expenses, other than administrative
169costs and equipment purchases specified in the contract,
170necessary for new, or improvement to existing, transportation
171facilities. Funds made available pursuant to this section may
172not be expended in connection with the relocation of a business
173from one community to another community in this state unless the
174Office of Tourism, Trade, and Economic Development determines
175that without such relocation the business will move outside this
176state or determines that the business has a compelling economic
177rationale for the relocation which creates additional jobs.
178Subject to appropriation for projects under this section, any
179appropriation greater than $10 million shall be allocated to
180each of the districts of the Department of Transportation to
181ensure equitable geographical distribution. Such allocated funds
182that remain uncommitted by the third quarter of the fiscal year
183shall be reallocated among the districts based on pending
184project requests.
185     (6)  The Department of Transportation shall review the
186proposed projects to ensure proper coordination with
187transportation projects included in the adopted work program and
188may be the contracting agency when the project is on the State
189Highway System. In addition, upon request by the appropriate
190governmental body, the department may advise and assist it or
191plan and construct other such transportation projects for it.
192     (10)(a)  Notwithstanding the provisions of s. 216.301,
193funds appropriated for this purpose shall not be subject to
194reversion.
195     (b)  For the 2003-2004 fiscal year only and notwithstanding
196paragraph (a), funds appropriated for this purpose in previous
197years are subject to the reversion requirements of s. 216.301.
198This paragraph expires July 1, 2004.
199     (10)(11)  In addition to the other provisions of this
200section, projects that the Legislature deems necessary to
201facilitate the economic development and growth of the state may
202be designated and funded in the General Appropriations Act. Such
203transportation projects create new employment opportunities,
204expand transportation infrastructure, improve mobility, or
205increase transportation innovation. The Office of Tourism,
206Trade, and Economic Development shall enter into contracts with,
207and make expenditures to, the appropriate entities for the costs
208of transportation projects designated in the General
209Appropriations Act. This subsection expires July 1, 2003.
210     Section 8.  Subsections (1), (2), and (3) of section
211288.809, Florida Statutes, are amended to read:
212     288.809  Florida Intergovernmental Relations Foundation;
213use of property; board of directors; audit.--
214     (1)  DEFINITIONS.--For the purposes of this section, the
215term:
216     (a)  "Florida Intergovernmental Relations Foundation" means
217a direct-support organization:
218     1.  Which is a corporation not for profit that is
219incorporated under the provisions of chapter 617 and approved by
220the Department of State;
221     2.  Which is organized and operated exclusively to solicit,
222receive, hold, invest, and administer property and, subject to
223the approval of the Office of Tourism, Trade, and Economic
224Development Department of State, to make expenditures to or for
225the promotion of intergovernmental relations programs; and
226     3.  Which the Office of Tourism, Trade, and Economic
227Development Department of State, after review, has certified to
228be operating in a manner consistent with the policies and goals
229of the office department.
230     (b)  "Personal services" includes full-time or part-time
231personnel, as well as payroll processing.
232     (2)  USE OF PROPERTY.--The Office of Tourism, Trade, and
233Economic Development department:
234     (a)  Is authorized to permit the use of property,
235facilities, and personal services of the Office of Tourism,
236Trade, and Economic Development department by the foundation,
237subject to the provisions of this section.
238     (b)  Shall prescribe conditions with which the foundation
239must comply in order to use property, facilities, or personal
240services of the department. Such conditions shall provide for
241budget and audit review and for oversight by the Office of
242Tourism, Trade, and Economic Development department.
243     (c)  Shall not permit the use of property, facilities, or
244personal services of the foundation if the foundation does not
245provide equal employment opportunities to all persons,
246regardless of race, color, national origin, sex, age, or
247religion.
248     (3)  BOARD OF DIRECTORS.--The board of directors of the
249foundation shall be composed of seven members appointed by the
250Governor Secretary of State, of whom no more than three shall be
251employees or elected officials of the state.
252     Section 9.  Section 288.816, Florida Statutes, is amended
253to read:
254     288.816  Intergovernmental relations.--
255     (1)  The Office of Tourism, Trade, and Economic Development
256Secretary of State shall be responsible for consular operations
257and the sister city and sister state program and shall serve as
258liaison with foreign, federal, and other state international
259organizations and with county and municipal governments in
260Florida.
261     (2)  The Office of Tourism, Trade, and Economic Development
262secretary shall be responsible for all consular relations
263between the state and all foreign governments doing business in
264Florida. The office secretary shall monitor United States laws
265and directives to ensure that all federal treaties regarding
266foreign privileges and immunities are properly observed. The
267office secretary shall promulgate rules which shall:
268     (a)  Establish a viable system of registration for foreign
269government officials residing or having jurisdiction in the
270state. Emphasis shall be placed on maintaining active
271communication between the Office of Tourism, Trade, and Economic
272Development secretary and the United States Department of State
273in order to be currently informed regarding foreign governmental
274personnel stationed in, or with official responsibilities for,
275Florida. Active dialogue shall also be maintained with foreign
276countries which historically have had dealings with Florida in
277order to keep them informed of the proper procedure for
278registering with the state.
279     (b)  Maintain and systematically update a current and
280accurate list of all such foreign governmental officials,
281consuls, or consulates.
282     (c)  Issue certificates to such foreign governmental
283officials after verification pursuant to proper investigations
284through United States Department of State sources and the
285appropriate foreign government.
286     (d)  Verify entitlement to sales and use tax exemptions
287pursuant to United States Department of State guidelines and
288identification methods.
289     (e)  Verify entitlement to issuance of special motor
290vehicle license plates by the Division of Motor Vehicles of the
291Department of Highway Safety and Motor Vehicles to honorary
292consuls or such other officials representing foreign governments
293who are not entitled to issuance of special Consul Corps license
294plates by the United States Government.
295     (f)  Establish a system of communication to provide all
296state and local law enforcement agencies with information
297regarding proper procedures relating to the arrest or
298incarceration of a foreign citizen.
299     (g)  Request the Department of Law Enforcement to provide
300transportation and protection services when necessary pursuant
301to s. 943.68.
302     (h)  Coordinate, when necessary, special activities between
303foreign governments and Florida state and local governments.
304These may include Consular Corps Day, Consular Corps
305conferences, and various other social, cultural, or educational
306activities.
307     (i)  Notify all newly arrived foreign governmental
308officials of the services offered by the Office of Tourism,
309Trade, and Economic Development secretary.
310     (3)  The Office of Tourism, Trade, and Economic Development
311Secretary of State shall operate the sister city and sister
312state program and establish such new programs as needed to
313further global understanding through the interchange of people,
314ideas, and culture between Florida and the world. To accomplish
315this purpose, the office secretary shall have the power and
316authority to:
317     (a)  Coordinate and carry out activities designed to
318encourage the state and its subdivisions to participate in
319sister city and sister state affiliations with foreign countries
320and their subdivisions. Such activities may include a State of
321Florida sister cities conference.
322     (b)  Encourage cooperation with and disseminate information
323pertaining to the Sister Cities International Program and any
324other program whose object is to promote linkages with foreign
325countries and their subdivisions.
326     (c)  Maximize any aid available from all levels of
327government, public and private agencies, and other entities to
328facilitate such activities.
329     (d)  Establish a viable system of registration for sister
330city and sister state affiliations between the state and foreign
331countries and their subdivisions. Such system shall include a
332method to determine that sufficient ties are properly
333established as well as a method to supervise how these ties are
334maintained.
335     (e)  Maintain a current and accurate listing of all such
336affiliations. Sister city affiliations shall not be discouraged
337between the state and any country specified in s. 620(f)(1) of
338the federal Foreign Assistance Act of 1961, as amended, with
339whom the United States is currently conducting diplomatic
340relations unless a mandate from the United States Government
341expressly prohibits such affiliations.
342     (4)  The Office of Tourism, Trade, and Economic Development
343Secretary of State shall serve as a contact for the state with
344the Florida Washington Office, the Florida Congressional
345Delegation, and United States Government agencies with respect
346to laws or policies which may affect the interests of the state
347in the area of international relations. All inquiries received
348regarding international economic trade development or reverse
349investment opportunities shall be referred to Enterprise
350Florida, Inc. In addition, the office secretary shall serve as
351liaison with other states with respect to international programs
352of interest to Florida. The office secretary shall also
353investigate and make suggestions regarding possible areas of
354joint action or regional cooperation with these states.
355     (5)  The Office of Tourism, Trade, and Economic Development
356Secretary of State shall have the power and duty to encourage
357the relocation to Florida of consular offices and multilateral
358and international agencies and organizations.
359     (6)  The Office of Tourism, Trade, and Economic Development
360Secretary of State, through membership on the board of directors
361of Enterprise Florida, Inc., shall help to contribute an
362international perspective to the state's development efforts.
363     Section 10.  Subsection (1) of section 288.8175, Florida
364Statutes, is amended to read:
365     288.8175  Linkage institutes between postsecondary
366institutions in this state and foreign countries.--
367     (1)  As used in this section, the term "department" means
368the Department of Education State.
369     Section 11.  Section 9 of chapter 2002-180, Laws of
370Florida, is amended to read:
371     Section 9.  Black Business Investment Board, Inc., state
372employee leasing program.--
373     (1)  The Department of Management Services shall establish
374a lease-agreement program under which an employee as of June 30,
3752002, of the Black Business Investment Board, Inc., created
376under chapter 85-104, Laws of Florida, retains his or her status
377as a state employee until a set date.
378     (2)  The Department of Management Services shall establish
379the terms and conditions of the program and such lease
380agreements.
381     (a)  Status as a state employee shall include the right to
382participate in the Florida Retirement System.
383     (b)  Any employee who participates in a lease agreement
384shall work under the direct supervision of the corporation.
385     (c)  Status as a state employee under a lease agreement as
386provided in this section expires on June 30, 2007 2004, unless
387the employee voluntarily relinquishes his or her status as a
388state employee before that date.
389     Section 12.  This act shall take effect July 1, 2004.


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