Florida Senate - 2020                                    SB 1212
       By Senator Gruters
       23-01371-20                                           20201212__
    1                        A bill to be entitled                      
    2         An act relating to international affairs; amending s.
    3         15.01, F.S.; requiring the Secretary of State to serve
    4         as the state protocol officer; requiring the Secretary
    5         of State to take certain actions relating to the state
    6         protocol manual; amending s. 15.182, F.S.; requiring
    7         that certain organizations provide notice of
    8         international travel to the Department of State,
    9         rather than the Department of Economic Opportunity;
   10         requiring the Department of State, The Department of
   11         Economic Opportunity, and Enterprise Florida, Inc., to
   12         work in conjunction for a certain purpose; amending s.
   13         288.816, F.S.; revising the duties of the state
   14         protocol officer; authorizing, rather than requiring,
   15         the state protocol officer to take certain actions;
   16         creating s. 288.8165, F.S.; authorizing the Office of
   17         International Affairs within the Department of State
   18         to support the establishment of citizen support
   19         organizations for certain purposes; defining the term
   20         “citizen support organization”; authorizing the office
   21         to adopt rules; prohibiting the office from allowing a
   22         citizen support organization to use certain services,
   23         property, or facilities if the organization does not
   24         provide equal membership and employment opportunities;
   25         requiring citizen support organizations to provide for
   26         a certain financial audit; providing a scheduled
   27         repeal; amending s. 288.012, F.S.; conforming
   28         provisions to changes made by the act; providing an
   29         effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 15.01, Florida Statutes, is amended to
   34  read:
   35         15.01 Duties.—
   36         (1)The Secretary of State shall serve as the state
   37  protocol officer. In consultation with the Governor and other
   38  governmental officials, the Secretary of State shall develop,
   39  maintain, publish, and distribute the state protocol manual.
   40         (2) The Department of State shall have the custody of the
   41  constitution and Great Seal of this state, and of the original
   42  statutes thereof, and of the resolutions of the Legislature, and
   43  of all the official correspondence of the Governor. The
   44  department shall keep in its office a register and an index of
   45  all official letters, orders, communications, messages,
   46  documents, and other official acts issued or received by the
   47  Governor or the Secretary of State, and record these in a book
   48  numbered in chronological order. The Governor, before issuing
   49  any order or transmission of any official letter, communication,
   50  or document from the executive office or promulgation of any
   51  official act or proceeding, except military orders, shall
   52  deliver the same or a copy thereof to the Department of State to
   53  be recorded.
   54         Section 2. Section 15.182, Florida Statutes, is amended to
   55  read:
   56         15.182 International travel by state-funded musical,
   57  cultural, or artistic organizations; notification to the
   58  Department of State Economic Opportunity.—
   59         (1) If a musical, cultural, or artistic organization that
   60  receives state funding is traveling internationally for a
   61  presentation, performance, or other significant public viewing,
   62  including an organization associated with a college or
   63  university, such organization shall notify the Department of
   64  State Economic Opportunity of its intentions to travel, together
   65  with the date, time, and location of each appearance.
   66         (2) The Department of State Economic Opportunity, in
   67  conjunction with the Department of Economic Opportunity and
   68  Enterprise Florida, Inc., shall act as an intermediary between
   69  performing musical, cultural, and artistic organizations and
   70  Florida businesses to encourage and coordinate joint
   71  undertakings. Such coordination may include, but is not limited
   72  to, encouraging business and industry to sponsor cultural
   73  events, assistance with travel of such organizations, and
   74  coordinating travel schedules of cultural performance groups and
   75  international trade missions.
   76         (3) An organization shall provide the notification to the
   77  Department of State required by this section at least 30 days
   78  before the date the international travel is to commence or, when
   79  an intention to travel internationally is not formed at least 30
   80  days in advance of the date the travel is to commence, as soon
   81  as feasible after forming such travel intention. The Department
   82  of State shall take an active role in informing such groups of
   83  the responsibility to notify the department of travel
   84  intentions.
   85         Section 3. Paragraphs (c) and (d) of subsection (2) and
   86  subsection (3) of section 288.816, Florida Statutes, are amended
   87  to read:
   88         288.816 Intergovernmental relations.—
   89         (2) The state protocol officer shall be responsible for all
   90  consular relations between the state and all foreign governments
   91  doing business in Florida. The state protocol officer shall
   92  monitor United States laws and directives to ensure that all
   93  federal treaties regarding foreign privileges and immunities are
   94  properly observed. The state protocol officer shall:
   95         (c) Issue certificates to such foreign governmental
   96  officials after verification pursuant to proper investigations
   97  through United States Department of State sources and the
   98  appropriate foreign government.
   99         (d) Verify entitlement to sales and use tax exemptions
  100  pursuant to United States Department of State guidelines and
  101  identification methods.
  102         (3) The state protocol officer may shall operate the sister
  103  city and sister state program and establish such new programs as
  104  needed to further global understanding through the interchange
  105  of people, ideas, and culture between Florida and the world. To
  106  accomplish this purpose, the state protocol officer shall have
  107  the power and authority to:
  108         (a) Coordinate and carry out activities designed to
  109  encourage the state and its subdivisions to participate in
  110  sister city and sister state affiliations with foreign countries
  111  and their subdivisions. Such activities may include a State of
  112  Florida sister cities conference.
  113         (b) Encourage cooperation with and disseminate information
  114  pertaining to the Sister Cities International Program and any
  115  other program whose object is to promote linkages with foreign
  116  countries and their subdivisions.
  117         (c) Maximize any aid available from all levels of
  118  government, public and private agencies, and other entities to
  119  facilitate such activities.
  120         (d) Establish a viable system of registration for sister
  121  city and sister state affiliations between the state and foreign
  122  countries and their subdivisions. Such system shall include a
  123  method to determine that sufficient ties are properly
  124  established as well as a method to supervise how these ties are
  125  maintained.
  126         (e) Maintain a current and accurate listing of all such
  127  affiliations. Sister city affiliations shall not be discouraged
  128  between the state and any country specified in s. 620(f)(1) of
  129  the federal Foreign Assistance Act of 1961, as amended, with
  130  whom the United States is currently conducting diplomatic
  131  relations unless a mandate from the United States Government
  132  expressly prohibits such affiliations.
  133         Section 4. Section 288.8165, Florida Statutes, is created
  134  to read:
  135         288.8165 Citizen support organizations.—
  136         (1) CITIZEN SUPPORT ORGANIZATIONS.—The Office of
  137  International Affairs within the Department of State may support
  138  the establishment of citizen support organizations to provide
  139  assistance, funding, and promotional support for
  140  intergovernmental programs. For the purposes of this section, a
  141  “citizen support organization” means an organization that is:
  142         (a) A Florida corporation not for profit incorporated under
  143  chapter 617 and approved by the Department of State;
  144         (b) Organized and operated to conduct programs and
  145  activities; raise funds; request and receive grants, gifts, and
  146  bequests of money; acquire, receive, hold, invest, and
  147  administer, in its own name, securities, funds, objects of
  148  value, or other property, real or personal; and make
  149  expenditures to or for the direct or indirect benefit of the
  150  Office of International Affairs;
  151         (c) Determined by the Office of International Affairs to be
  152  consistent with the goals of the office and in the best
  153  interests of the state; and
  154         (d) Approved in writing by the Office of International
  155  Affairs to operate for the direct or indirect benefit of the
  156  office. Such approval must be given in a letter of agreement
  157  from the office.
  159         (a) The Office of International Affairs may adopt rules
  160  requiring citizen support organizations to meet certain
  161  requirements in order to use the office’s administrative
  162  services, property, or facilities.
  163         (b) The Office of International Affairs may not allow a
  164  citizen support organization to use any administrative services,
  165  property, or facilities of the state if the citizen support
  166  organization does not provide equal membership and employment
  167  opportunities to all persons regardless of race, color,
  168  religion, sex, age, or national origin.
  169         (3) ANNUAL AUDIT.—Each citizen support organization shall
  170  provide for an annual financial audit in accordance with s.
  171  215.981.
  172         (4)FUTURE REPEAL.—This section is repealed October 1,
  173  2025, unless reviewed and saved from repeal by the Legislature.
  174         Section 5. Section 288.012, Florida Statutes, is amended to
  175  read:
  176         288.012 State of Florida international offices; state
  177  protocol officer; protocol manual.—The Legislature finds that
  178  the expansion of international trade and tourism is vital to the
  179  overall health and growth of the economy of this state. This
  180  expansion is hampered by the lack of technical and business
  181  assistance, financial assistance, and information services for
  182  businesses in this state. The Legislature finds that these
  183  businesses could be assisted by providing these services at
  184  State of Florida international offices. The Legislature further
  185  finds that the accessibility and provision of services at these
  186  offices can be enhanced through cooperative agreements or
  187  strategic alliances between private businesses and state, local,
  188  and international governmental entities.
  189         (1) The department is authorized to:
  190         (a) Establish and operate offices in other countries for
  191  the purpose of promoting trade and economic development
  192  opportunities of the state, and promoting the gathering of trade
  193  data information and research on trade opportunities in specific
  194  countries.
  195         (b) Enter into agreements with governmental and private
  196  sector entities to establish and operate offices in other
  197  countries which contain provisions that may conflict with the
  198  general laws of the state pertaining to the purchase of office
  199  space, employment of personnel, and contracts for services. When
  200  agreements pursuant to this section are made which set
  201  compensation in another country’s currency, such agreements
  202  shall be subject to the requirements of s. 215.425, but the
  203  purchase of another country’s currency by the department to meet
  204  such obligations shall be subject only to s. 216.311.
  205         (2) Each international office shall have in place an
  206  operational plan approved by the participating boards or other
  207  governing authority, a copy of which shall be provided to the
  208  department. These operating plans shall be reviewed and updated
  209  each fiscal year and shall include, at a minimum, the following:
  210         (a) Specific policies and procedures encompassing the
  211  entire scope of the operation and management of each office.
  212         (b) A comprehensive, commercial strategic plan identifying
  213  marketing opportunities and industry sector priorities for the
  214  country in which an international office is located.
  215         (c) Provisions for access to information for Florida
  216  businesses related to trade leads and inquiries.
  217         (d) Identification of new and emerging market opportunities
  218  for Florida businesses. This information shall be provided
  219  either free of charge or on a fee basis with fees set only to
  220  recover the costs of providing the information.
  221         (e) Provision of access for Florida businesses to
  222  international trade assistance services provided by state and
  223  local entities, seaport and airport information, and other
  224  services identified by the department.
  225         (f) Qualitative and quantitative performance measures for
  226  each office, including, but not limited to, the number of
  227  businesses assisted, the number of trade leads and inquiries
  228  generated, the number of international buyers and importers
  229  contacted, and the amount and type of marketing conducted.
  230         (3) Each international office shall annually submit to
  231  Enterprise Florida, Inc., a complete and detailed report on its
  232  activities and accomplishments during the previous fiscal year
  233  for inclusion in the annual report required under s. 288.906. In
  234  the format and by the annual date prescribed by Enterprise
  235  Florida, Inc., the report must set forth information on:
  236         (a) The number of Florida companies assisted.
  237         (b) The number of inquiries received about investment
  238  opportunities in this state.
  239         (c) The number of trade leads generated.
  240         (d) The number of investment projects announced.
  241         (e) The estimated U.S. dollar value of sales confirmations.
  242         (f) The number of representation agreements.
  243         (g) The number of company consultations.
  244         (h) Barriers or other issues affecting the effective
  245  operation of the office.
  246         (i) Changes in office operations which are planned for the
  247  current fiscal year.
  248         (j) Marketing activities conducted.
  249         (k) Strategic alliances formed with organizations in the
  250  country in which the office is located.
  251         (l) Activities conducted with Florida’s other international
  252  offices.
  253         (m) Any other information that the office believes would
  254  contribute to an understanding of its activities.
  255         (4) The Department of Economic Opportunity, in connection
  256  with the establishment, operation, and management of any of its
  257  offices located in another country, is exempt from the
  258  provisions of ss. 255.21, 255.25, and 255.254 relating to
  259  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
  260  printing; ss. 287.001-287.20 relating to purchasing and motor
  261  vehicles; and ss. 282.003-282.00515 and 282.702-282.7101
  262  relating to communications, and from all statutory provisions
  263  relating to state employment.
  264         (a) The department may exercise such exemptions only upon
  265  prior approval of the Governor.
  266         (b) If approval for an exemption under this section is
  267  granted as an integral part of a plan of operation for a
  268  specified international office, such action shall constitute
  269  continuing authority for the department to exercise the
  270  exemption, but only in the context and upon the terms originally
  271  granted. Any modification of the approved plan of operation with
  272  respect to an exemption contained therein must be resubmitted to
  273  the Governor for his or her approval. An approval granted to
  274  exercise an exemption in any other context shall be restricted
  275  to the specific instance for which the exemption is to be
  276  exercised.
  277         (c) As used in this subsection, the term “plan of
  278  operation” means the plan developed pursuant to subsection (2).
  279         (d) Upon final action by the Governor with respect to a
  280  request to exercise the exemption authorized in this subsection,
  281  the department shall report such action, along with the original
  282  request and any modifications thereto, to the President of the
  283  Senate and the Speaker of the House of Representatives within 30
  284  days.
  285         (5) Where feasible and appropriate, international offices
  286  established and operated under this section may provide one-stop
  287  access to the economic development, trade, and tourism
  288  information, services, and programs of the state. Where feasible
  289  and appropriate, such offices may also be collocated with other
  290  international offices of the state.
  291         (6) The department is authorized to make and to enter into
  292  contracts with Enterprise Florida, Inc., to carry out the
  293  provisions of this section. The authority, duties, and
  294  exemptions provided in this section apply to Enterprise Florida,
  295  Inc., to the same degree and subject to the same conditions as
  296  applied to the department. To the greatest extent possible, such
  297  contracts shall include provisions for cooperative agreements or
  298  strategic alliances between private businesses and state,
  299  international, and local governmental entities to operate
  300  international offices.
  301         (7) The Governor may designate a state protocol officer.
  302  The state protocol officer shall be housed within the Executive
  303  Office of the Governor. In consultation with the Governor and
  304  other governmental officials, the state protocol officer shall
  305  develop, maintain, publish, and distribute the state protocol
  306  manual.
  307         Section 6. This act shall take effect July 1, 2020.