The Florida Senate

288.1224  Powers and duties.--The commission:

(1)  Notwithstanding the provisions of part I of chapter 287, upon the approval of the Office of Tourism, Trade, and Economic Development, shall contract, no later than December 31, 1996, with a direct-support organization incorporated as a private, not-for-profit corporation, as defined in s. 501(c)(6) of the Internal Revenue Code of 1986, as amended, to execute the tourism marketing and promotion services, functions, and programs for this state including, but not limited to, the activities prescribed by the 4-year marketing plan. The Office of Tourism, Trade, and Economic Development shall review such contract in an expedient manner and shall timely make any recommendations so as to allow for the date of the contract to be met. The commission shall serve as contract administrator.

(2)  Shall advise the Office of Tourism, Trade, and Economic Development and the direct-support organization regarding the domestic and international tourism promotion programs for this state.

(3)  Shall be responsible for the prudent use of all public and private funds and shall ensure that the use of such funds is in accordance with all applicable laws, bylaws, and contractual requirements.

(4)(a)  Shall, no later than December 31, 1996, recommend the tenets of a 4-year marketing plan to sustain tourism growth, which plan shall be annual in construction and ongoing in nature. The initial plan shall use as its model the marketing plan recommended by the ¹Florida Tourism Commission, created pursuant to chapter 91-31, Laws of Florida, and presented to the Legislature. Any annual revisions of such a plan shall carry forward the concepts of the remaining 3-year portion of that plan and consider a continuum portion to preserve the 4-year timeframe of the plan. Such plan shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader no later than January 1, 1997.

(b)  The plan shall include an emergency response component and research designs.

(c)  The plan shall include provisions for the direct-support organization to reach the targeted one-to-one match of private to public contributions within a period of 4 calendar years after the implementation date of the plan.

(d)  The plan shall include recommendations regarding specific performance standards and measurable outcomes. By July 1, 1997, the Florida Commission on Tourism, in consultation with the Office of Program Policy Analysis and Government Accountability, shall establish performance-measure outcomes for the commission and its direct-support organization. The commission, in consultation with the Office of Program Policy Analysis and Government Accountability, shall develop a plan for monitoring its operations to ensure that performance data are maintained and supported by records of the organization.

(e)  Prior to the 2000 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct a review of, and prepare a report on, the Florida Commission on Tourism and its direct-support organization. The review shall be comprehensive in its scope, but, at a minimum, must be conducted in such a manner as to specifically determine:

1.  The progress toward achieving the established outcomes.

2.  The circumstances contributing to the organization's ability to achieve, not achieve, or exceed its established outcomes.

3.  Whether it would be sound public policy to continue or discontinue funding the organization, and the consequences of discontinuing the organization.

The report shall be submitted by January 1, 2000, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.

(f)  Prior to the 2003 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall conduct another review of the Florida Commission on Tourism and its direct-support organization, using the criteria prescribed in paragraph (e). The report shall be submitted by January 1, 2003, to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader.

(5)  Shall develop an operational structure for implementation no later than December 31, 1996, to carry out the marketing plan recommended by the commission pursuant to this section.

(6)  May appear on its own behalf before boards, commissions, departments, or other agencies of municipal, county, state, or federal government.

(7)  In the performance of its duties, may undertake or commission marketing research and advertising research studies.

(a)  The identity of any person who responds to a marketing or advertising research project conducted pursuant to this subsection, and trade secrets, as defined by s. 812.081, obtained pursuant to such research, are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b)  Any person who violates the provisions of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(8)  Shall consult with tourism industry leaders, appropriate members of the legislative and executive branches, and others the commission deems necessary to identify and recommend to the Legislature by December 31, 1996, additional funding sources as may be required to fulfill the long-range objectives of the commission's marketing plan.

(9)  Shall develop a budget, in conjunction with the Office of Tourism, Trade, and Economic Development, and in keeping with the commission's 4-year marketing plan, for the operation and activities of the commission and for the provision of tourism promotion programs, services, and functions through a contract with a direct-support organization created for such purposes. The budget shall be submitted to the Governor.

(10)  Is authorized to establish and operate tourism offices in foreign countries in the execution of its responsibilities for promoting the development of tourism. To facilitate the performance of these responsibilities, the commission is authorized to contract with the commission's direct-support organization to establish and administer such offices. Where feasible, appropriate, and recommended by the 4-year marketing plan, the commission may collocate the programs of foreign tourism offices in cooperation with any foreign office operated by any agency of this state.

(a)  The commission, or its direct-support organization, may enter into agreements necessary to establish and operate an office in a foreign country containing provisions which may be in conflict with general laws of the state pertaining to the purchase of office space, employment of personnel, and contracts for services. When agreements pursuant to this section are made which set compensation in foreign currency, such agreements shall be subject to the requirements of s. 215.425, but the purchase of foreign currency by the commission, or its direct-support organization, to meet such obligations shall be subject only to s. 216.311.

(b)  The Florida Commission on Tourism, or its direct-support organization, in connection with the establishment, operation, and management of any of its tourism offices located in a foreign country, is exempt from the provisions of ss. 255.21, 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 and 283.35 relating to bids for printing; ss. 287.001-287.20 relating to purchasing and motor vehicles; and ss. 282.003-282.111 relating to communications, and from all statutory provisions relating to state employment, if the laws, administrative code, or business practices or customs of the foreign country, or political or administrative subdivision thereof, in which such office is located are in conflict with these provisions.

(11)  Shall create an advisory committee of the commission which shall be charged with developing a regionally based plan to protect and promote all of the natural, coastal, historical, cultural, and commercial tourism assets of this state.

(a)  Members of the advisory committee shall be appointed by the chair of the commission and shall include representatives of the commission, the Departments of Agriculture, Environmental Protection, Community Affairs, Transportation, and State, the Florida Greenways Coordinating Council, the Florida Game and Freshwater Fish Commission, and, as deemed appropriate by the chair of the commission, representatives from other federal, state, regional, local, and private sector associations representing environmental, historical, cultural, recreational, and tourism-related activities.

(b)  The advisory committee shall submit its plan to the commission by December 1, 1997.

(c)  The commission shall review and make recommendations on the plan, including recommending any legislation considered necessary for implementing the plan, to the Legislature by January 1, 1998.

History.--s. 4, ch. 92-299; s. 2, ch. 95-368; s. 52, ch. 96-320; s. 139, ch. 96-406; s. 4, ch. 96-418.

¹Note.--Section 288.812, as amended by s. 6, ch. 91-31, creating the Florida Tourism Commission, was repealed by s. 9, ch. 95-145.