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