Florida Senate - 2020                             CS for SB 1212
       By the Committee on Governmental Oversight and Accountability;
       and Senator Gruters
       585-02628-20                                          20201212c1
    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 Department
   17         of State to support the establishment of citizen
   18         support organizations for certain purposes; defining
   19         the term “citizen support organization”; prohibiting
   20         the department from allowing a citizen support
   21         organization to use certain services, property, or
   22         facilities if the organization does not provide equal
   23         membership and employment opportunities; requiring
   24         citizen support organizations to provide for a certain
   25         financial audit; providing a scheduled repeal;
   26         amending s. 288.012, F.S.; conforming provisions to
   27         changes made by the act; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 15.01, Florida Statutes, is amended to
   32  read:
   33         15.01 Duties.—
   34         (1)The Secretary of State shall serve as the state
   35  protocol officer. In consultation with the Governor and other
   36  governmental officials, the Secretary of State shall develop,
   37  maintain, publish, and distribute the state protocol manual.
   38         (2) The Department of State shall have the custody of the
   39  constitution and Great Seal of this state, and of the original
   40  statutes thereof, and of the resolutions of the Legislature, and
   41  of all the official correspondence of the Governor. The
   42  department shall keep in its office a register and an index of
   43  all official letters, orders, communications, messages,
   44  documents, and other official acts issued or received by the
   45  Governor or the Secretary of State, and record these in a book
   46  numbered in chronological order. The Governor, before issuing
   47  any order or transmission of any official letter, communication,
   48  or document from the executive office or promulgation of any
   49  official act or proceeding, except military orders, shall
   50  deliver the same or a copy thereof to the Department of State to
   51  be recorded.
   52         Section 2. Section 15.182, Florida Statutes, is amended to
   53  read:
   54         15.182 International travel by state-funded musical,
   55  cultural, or artistic organizations; notification to the
   56  Department of State Economic Opportunity.—
   57         (1) If a musical, cultural, or artistic organization that
   58  receives state funding is traveling internationally for a
   59  presentation, performance, or other significant public viewing,
   60  including an organization associated with a college or
   61  university, such organization shall notify the Department of
   62  State Economic Opportunity in writing of its intentions to
   63  travel, together with the date, time, and location of each
   64  appearance. The notice shall be provided to the department at
   65  least 30 days prior to the date the international travel is to
   66  commence or, when an intention to travel internationally is not
   67  formed at least 30 days in advance of the date the travel is to
   68  commence, as soon as feasible after forming such travel
   69  intention. The department shall take an active role in informing
   70  such artistic organizations of the responsibility to provide
   71  notice of international travel intentions.
   72         (2) The Department of State Economic Opportunity, in
   73  conjunction with the Department of Economic Opportunity and
   74  Enterprise Florida, Inc., shall act as an intermediary between
   75  performing musical, cultural, and artistic organizations and
   76  Florida businesses to encourage and coordinate joint
   77  undertakings. Such coordination may include, but is not limited
   78  to, encouraging business and industry to sponsor cultural
   79  events, assistance with travel of such organizations, and
   80  coordinating travel schedules of cultural performance groups and
   81  international trade missions.
   82         (3) An organization shall provide the notification to the
   83  Department of State required by this section at least 30 days
   84  before the date the international travel is to commence or, when
   85  an intention to travel internationally is not formed at least 30
   86  days in advance of the date the travel is to commence, as soon
   87  as feasible after forming such travel intention. The Department
   88  of State shall take an active role in informing such groups of
   89  the responsibility to notify the department of travel
   90  intentions.
   91         Section 3. Paragraphs (c) and (d) of subsection (2) and
   92  subsection (3) of section 288.816, Florida Statutes, are amended
   93  to read:
   94         288.816 Intergovernmental relations.—
   95         (2) The state protocol officer shall be responsible for all
   96  consular relations between the state and all foreign governments
   97  doing business in Florida. The state protocol officer shall
   98  monitor United States laws and directives to ensure that all
   99  federal treaties regarding foreign privileges and immunities are
  100  properly observed. The state protocol officer shall:
  101         (c) Issue certificates to such foreign governmental
  102  officials after verification pursuant to proper investigations
  103  through United States Department of State sources and the
  104  appropriate foreign government.
  105         (d) Verify entitlement to sales and use tax exemptions
  106  pursuant to United States Department of State guidelines and
  107  identification methods.
  108         (3) The state protocol officer may shall operate the sister
  109  city and sister state program and establish such new programs as
  110  needed to further global understanding through the interchange
  111  of people, ideas, and culture between Florida and the world. To
  112  accomplish this purpose, the state protocol officer shall have
  113  the power and authority to:
  114         (a) Coordinate and carry out activities designed to
  115  encourage the state and its subdivisions to participate in
  116  sister city and sister state affiliations with foreign countries
  117  and their subdivisions. Such activities may include a State of
  118  Florida sister cities conference.
  119         (b) Encourage cooperation with and disseminate information
  120  pertaining to the Sister Cities International Program and any
  121  other program whose object is to promote linkages with foreign
  122  countries and their subdivisions.
  123         (c) Maximize any aid available from all levels of
  124  government, public and private agencies, and other entities to
  125  facilitate such activities.
  126         (d) Establish a viable system of registration for sister
  127  city and sister state affiliations between the state and foreign
  128  countries and their subdivisions. Such system shall include a
  129  method to determine that sufficient ties are properly
  130  established as well as a method to supervise how these ties are
  131  maintained.
  132         (e) Maintain a current and accurate listing of all such
  133  affiliations. Sister city affiliations shall not be discouraged
  134  between the state and any country specified in s. 620(f)(1) of
  135  the federal Foreign Assistance Act of 1961, as amended, with
  136  whom the United States is currently conducting diplomatic
  137  relations unless a mandate from the United States Government
  138  expressly prohibits such affiliations.
  139         Section 4. Section 288.8165, Florida Statutes, is created
  140  to read:
  141         288.8165 Citizen support organizations.—
  142         (1) CITIZEN SUPPORT ORGANIZATIONS.—The Department of State
  143  may authorize the establishment of citizen support organizations
  144  to provide assistance, funding, and promotional support for the
  145  intergovernmental programs of the department. For the purposes
  146  of this section, a “citizen support organization” means an
  147  organization which:
  148         (a) Is a Florida corporation not for profit incorporated
  149  under chapter 617 and approved by the Department of State.
  150         (b) Is organized and operated to conduct programs and
  151  activities; raise funds; request and receive grants, gifts, and
  152  bequests of money; acquire, receive, hold, invest, and
  153  administer, in its own name, securities, funds, or real or
  154  personal property; and make expenditures for the benefit of the
  155  intergovernmental programs of the department; except that such
  156  organization may not receive funds from the department by grant
  157  or gift unless specifically authorized by the Legislature. If
  158  the citizen support organization by contract provides fiscal and
  159  administrative services to the department for a grant or program
  160  that benefits the intergovernmental programs of the department,
  161  the organization may be reimbursed or compensated for such
  162  services by the department if the services are a direct benefit
  163  to the intergovernmental programs of the department.
  164         (c) The department has determined to be consistent with the
  165  goals of the intergovernmental programs of the department and in
  166  the best interests of the state.
  167         (d) Is approved in writing by the department to operate for
  168  the benefit of the intergovernmental programs of the department.
  169  Such approval must be stated in a letter of agreement from the
  170  Secretary of State.
  172         (a) The department may permit a citizen support
  173  organization to use department property, facilities, and
  174  personnel free of charge. A citizen support organization may use
  175  department property, facilities, and personnel if such use is
  176  consistent with the approved purpose of that citizen support
  177  organization and if such use does not unreasonably interfere
  178  with the general public’s use of department property,
  179  facilities, and personnel for established purposes.
  180         (b) The department may prescribe conditions upon the use by
  181  a citizen support organization of department property,
  182  facilities, or personnel.
  183         (c)The department may not permit the use of any property,
  184  facilities, or personnel of the state by a citizen support
  185  organization that does not provide equal membership and
  186  employment opportunities to all persons regardless of race,
  187  color, national origin, religion, sex, or age.
  188         (3) ANNUAL AUDIT.—Each citizen support organization shall
  189  provide for an annual financial audit in accordance with s.
  190  215.981.
  191         (4) FUTURE REPEAL.—This section is repealed October 1,
  192  2025, unless reviewed and saved from repeal by the Legislature.
  193         Section 5. Section 288.012, Florida Statutes, is amended to
  194  read:
  195         288.012 State of Florida international offices; state
  196  protocol officer; protocol manual.—The Legislature finds that
  197  the expansion of international trade and tourism is vital to the
  198  overall health and growth of the economy of this state. This
  199  expansion is hampered by the lack of technical and business
  200  assistance, financial assistance, and information services for
  201  businesses in this state. The Legislature finds that these
  202  businesses could be assisted by providing these services at
  203  State of Florida international offices. The Legislature further
  204  finds that the accessibility and provision of services at these
  205  offices can be enhanced through cooperative agreements or
  206  strategic alliances between private businesses and state, local,
  207  and international governmental entities.
  208         (1) The department is authorized to:
  209         (a) Establish and operate offices in other countries for
  210  the purpose of promoting trade and economic development
  211  opportunities of the state, and promoting the gathering of trade
  212  data information and research on trade opportunities in specific
  213  countries.
  214         (b) Enter into agreements with governmental and private
  215  sector entities to establish and operate offices in other
  216  countries which contain provisions that may conflict with the
  217  general laws of the state pertaining to the purchase of office
  218  space, employment of personnel, and contracts for services. When
  219  agreements pursuant to this section are made which set
  220  compensation in another country’s currency, such agreements
  221  shall be subject to the requirements of s. 215.425, but the
  222  purchase of another country’s currency by the department to meet
  223  such obligations shall be subject only to s. 216.311.
  224         (2) Each international office shall have in place an
  225  operational plan approved by the participating boards or other
  226  governing authority, a copy of which shall be provided to the
  227  department. These operating plans shall be reviewed and updated
  228  each fiscal year and shall include, at a minimum, the following:
  229         (a) Specific policies and procedures encompassing the
  230  entire scope of the operation and management of each office.
  231         (b) A comprehensive, commercial strategic plan identifying
  232  marketing opportunities and industry sector priorities for the
  233  country in which an international office is located.
  234         (c) Provisions for access to information for Florida
  235  businesses related to trade leads and inquiries.
  236         (d) Identification of new and emerging market opportunities
  237  for Florida businesses. This information shall be provided
  238  either free of charge or on a fee basis with fees set only to
  239  recover the costs of providing the information.
  240         (e) Provision of access for Florida businesses to
  241  international trade assistance services provided by state and
  242  local entities, seaport and airport information, and other
  243  services identified by the department.
  244         (f) Qualitative and quantitative performance measures for
  245  each office, including, but not limited to, the number of
  246  businesses assisted, the number of trade leads and inquiries
  247  generated, the number of international buyers and importers
  248  contacted, and the amount and type of marketing conducted.
  249         (3) Each international office shall annually submit to
  250  Enterprise Florida, Inc., a complete and detailed report on its
  251  activities and accomplishments during the previous fiscal year
  252  for inclusion in the annual report required under s. 288.906. In
  253  the format and by the annual date prescribed by Enterprise
  254  Florida, Inc., the report must set forth information on:
  255         (a) The number of Florida companies assisted.
  256         (b) The number of inquiries received about investment
  257  opportunities in this state.
  258         (c) The number of trade leads generated.
  259         (d) The number of investment projects announced.
  260         (e) The estimated U.S. dollar value of sales confirmations.
  261         (f) The number of representation agreements.
  262         (g) The number of company consultations.
  263         (h) Barriers or other issues affecting the effective
  264  operation of the office.
  265         (i) Changes in office operations which are planned for the
  266  current fiscal year.
  267         (j) Marketing activities conducted.
  268         (k) Strategic alliances formed with organizations in the
  269  country in which the office is located.
  270         (l) Activities conducted with Florida’s other international
  271  offices.
  272         (m) Any other information that the office believes would
  273  contribute to an understanding of its activities.
  274         (4) The Department of Economic Opportunity, in connection
  275  with the establishment, operation, and management of any of its
  276  offices located in another country, is exempt from the
  277  provisions of ss. 255.21, 255.25, and 255.254 relating to
  278  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
  279  printing; ss. 287.001-287.20 relating to purchasing and motor
  280  vehicles; and ss. 282.003-282.00515 and 282.702-282.7101
  281  relating to communications, and from all statutory provisions
  282  relating to state employment.
  283         (a) The department may exercise such exemptions only upon
  284  prior approval of the Governor.
  285         (b) If approval for an exemption under this section is
  286  granted as an integral part of a plan of operation for a
  287  specified international office, such action shall constitute
  288  continuing authority for the department to exercise the
  289  exemption, but only in the context and upon the terms originally
  290  granted. Any modification of the approved plan of operation with
  291  respect to an exemption contained therein must be resubmitted to
  292  the Governor for his or her approval. An approval granted to
  293  exercise an exemption in any other context shall be restricted
  294  to the specific instance for which the exemption is to be
  295  exercised.
  296         (c) As used in this subsection, the term “plan of
  297  operation” means the plan developed pursuant to subsection (2).
  298         (d) Upon final action by the Governor with respect to a
  299  request to exercise the exemption authorized in this subsection,
  300  the department shall report such action, along with the original
  301  request and any modifications thereto, to the President of the
  302  Senate and the Speaker of the House of Representatives within 30
  303  days.
  304         (5) Where feasible and appropriate, international offices
  305  established and operated under this section may provide one-stop
  306  access to the economic development, trade, and tourism
  307  information, services, and programs of the state. Where feasible
  308  and appropriate, such offices may also be collocated with other
  309  international offices of the state.
  310         (6) The department is authorized to make and to enter into
  311  contracts with Enterprise Florida, Inc., to carry out the
  312  provisions of this section. The authority, duties, and
  313  exemptions provided in this section apply to Enterprise Florida,
  314  Inc., to the same degree and subject to the same conditions as
  315  applied to the department. To the greatest extent possible, such
  316  contracts shall include provisions for cooperative agreements or
  317  strategic alliances between private businesses and state,
  318  international, and local governmental entities to operate
  319  international offices.
  320         (7) The Governor may designate a state protocol officer.
  321  The state protocol officer shall be housed within the Executive
  322  Office of the Governor. In consultation with the Governor and
  323  other governmental officials, the state protocol officer shall
  324  develop, maintain, publish, and distribute the state protocol
  325  manual.
  326         Section 6. This act shall take effect July 1, 2020.