Florida Senate - 2017                                    SB 1306
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00251B-17                                           20171306__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Sports Foundation;
    3         amending s. 20.60, F.S.; requiring the Department of
    4         Economic Opportunity to contract with a direct-support
    5         organization to promote the sports industry and the
    6         participation of residents in certain athletic
    7         competitions in this state and to promote the state as
    8         a host for certain athletic competitions; reviving,
    9         reenacting, and amending s. 288.1229, F.S., relating
   10         to the promotion and development of sports-related
   11         industries and amateur athletics; requiring the
   12         department to establish a direct-support organization
   13         known as the “Florida Sport Foundation,” rather than
   14         authorizing the Office of Tourism, Trade, and Economic
   15         Development to authorize a direct-support
   16         organization, to assist the department in certain
   17         promotion and development activities; specifying the
   18         purpose of the foundation; specifying requirements for
   19         the foundation, including appointment of its board of
   20         directors; deleting a provision prohibiting board
   21         members from serving more than two consecutive terms;
   22         requiring that the foundation operate under written
   23         contract with the department; specifying provisions
   24         that must be included in the contract; authorizing the
   25         department to allow the foundation to use certain
   26         facilities, personnel, and services if it complies
   27         with certain provisions; requiring an annual financial
   28         audit of the foundation; providing that the foundation
   29         is not granted any taxing power; deleting certain
   30         provisions related to the Office of Tourism, Trade,
   31         and Economic Development and a specified direct
   32         support organization; specifying the duties of the
   33         foundation; deleting residency requirements for
   34         participants of the Sunshine State Games; deleting
   35         certain competition requirements; authorizing the
   36         department, rather than the Executive Office of the
   37         Governor, to allow the use of certain property,
   38         facilities, and personal services under certain
   39         circumstances; conforming provisions to changes made
   40         by the act; amending s. 320.08058, F.S.; conforming
   41         provisions to changes made by the act; amending uses
   42         of the proceeds of certain license plates; providing
   43         an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Paragraph (g) is added to subsection (4) of
   48  section 20.60, Florida Statutes, to read:
   49         20.60 Department of Economic Opportunity; creation; powers
   50  and duties.—
   51         (4) The purpose of the department is to assist the Governor
   52  in working with the Legislature, state agencies, business
   53  leaders, and economic development professionals to formulate and
   54  implement coherent and consistent policies and strategies
   55  designed to promote economic opportunities for all Floridians.
   56  To accomplish such purposes, the department shall:
   57         (g)Notwithstanding part I of chapter 287, contract with
   58  the direct-support organization established under s. 288.1229 to
   59  guide, stimulate, and promote the sports industry in this state;
   60  to promote the participation of residents of this state in
   61  amateur athletic competitions; and to promote this state as a
   62  host for national and international amateur athletic
   63  competitions.
   64         Section 2. Notwithstanding the repeal of section 288.1229,
   65  Florida Statutes, in section 485 of chapter 2011-142, Laws of
   66  Florida, section 288.1229, Florida Statutes, is revived,
   67  readopted, and amended to read:
   68         288.1229 Promotion and development of sports-related
   69  industries and amateur athletics; direct-support organization
   70  established; powers and duties.—
   71         (1) The Department of Economic Opportunity shall establish
   72  a direct-support organization known as the “Florida Sports
   73  Foundation.” The foundation shall The Office of Tourism, Trade,
   74  and Economic Development may authorize a direct-support
   75  organization to assist the department office in:
   76         (a) The promotion and development of the sports industry
   77  and related industries for the purpose of improving the economic
   78  presence of these industries in Florida.
   79         (b) The promotion of amateur athletic participation for the
   80  citizens of Florida and the promotion of Florida as a host for
   81  national and international amateur athletic competitions for the
   82  purpose of encouraging and increasing the direct and ancillary
   83  economic benefits of amateur athletic events and competitions.
   84         (c) The retention of professional sports franchises,
   85  including the spring training operations of Major League
   86  Baseball.
   87         (2) The Florida Sports Foundation To be authorized as a
   88  direct-support organization, an organization must:
   89         (a) Be incorporated as a corporation not for profit
   90  pursuant to chapter 617.
   91         (b)1. Be governed by a board of directors, which must
   92  consist of 20 up to 15 members appointed by the Governor as
   93  follows:
   94         a. Ten members representing Florida professional sports
   95  franchises of Major League Baseball, the National Basketball
   96  Association, the National Football League, the Arena Football
   97  League, the National Hockey League, and the Major League Soccer
   98  teams domiciled in this state.
   99         b. Two member representing Florida sports commissions.
  100         c. One member representing the boating and fishing
  101  industries in Florida.
  102         d. One member representing the golf industry in Florida.
  103         e. One member representing Major League Baseball spring
  104  training.
  105         f. One member representing the automobile racing industry
  106  in Florida.
  107         g. Four members-at-large and up to 15 members appointed by
  108  the existing board of directors. In making at-large
  109  appointments, the Governor board must consider a potential
  110  member’s background in community service and sports activism in,
  111  and financial support of, the sports industry, professional
  112  sports, or organized amateur athletics. Members must be
  113  residents of the state and highly knowledgeable about or active
  114  in professional or organized amateur sports. The board must
  115         2. In the membership of its board of directors, contain
  116  representatives of all geographical regions of the state and
  117  must represent ethnic and gender diversity. The terms of office
  118  of the members shall be 4 years. No member may serve more than
  119  two consecutive terms. The Governor may remove any member for
  120  cause and shall fill all vacancies that occur.
  121         (c) Have as its purpose, as stated in its articles of
  122  incorporation, to receive, hold, invest, and administer
  123  property; to raise funds and receive gifts; and to promote and
  124  develop the sports industry and related industries for the
  125  purpose of increasing the economic presence of these industries
  126  in Florida.
  127         (d) Have a prior determination by the department Office of
  128  Tourism, Trade, and Economic Development that the organization
  129  will benefit the department office and act in the best interests
  130  of the state as a direct-support organization to the department
  131  office.
  132         (3) The Florida Sports Foundation shall operate under
  133  written contract with the department. The department shall enter
  134  into a contract with the foundation by July 1, 2017. The
  135  contract must provide Office of Tourism, Trade, and Economic
  136  Development shall contract with the organization and shall
  137  include in the contract that:
  138         (a) The department office may review the foundation’s
  139  organization’s articles of incorporation.
  140         (b) The foundation organization shall submit an annual
  141  budget proposal to the department office, on a form provided by
  142  the department office, in accordance with department office
  143  procedures for filing budget proposals based upon the
  144  recommendation of the department office.
  145         (c) Any funds that the foundation organization holds in
  146  trust will revert to the state upon the expiration or
  147  cancellation of the contract.
  148         (d) The foundation organization is subject to an annual
  149  financial and performance review by the department office to
  150  determine whether the foundation organization is complying with
  151  the terms of the contract and whether it is acting in a manner
  152  consistent with the goals of the department office and in the
  153  best interests of the state.
  154         (e) The fiscal year of the foundation begins organization
  155  will begin July 1 of each year and ends end June 30 of the next
  156  ensuing year.
  157         (4) The department Office of Tourism, Trade, and Economic
  158  Development may allow the foundation organization to use the
  159  property, facilities, personnel, and services of the department
  160  office if the foundation organization provides equal employment
  161  opportunities to all persons regardless of race, color,
  162  religion, sex, age, or national origin, subject to the approval
  163  of the executive director of the department office.
  164         (5) The foundation organization shall provide for an annual
  165  financial audit in accordance with s. 215.981.
  166         (6) The foundation organization is not granted any taxing
  167  power.
  168         (7)In exercising the power provided in this section, the
  169  Office of Tourism, Trade, and Economic Development may authorize
  170  and contract with the direct-support organization existing on
  171  June 30, 1996, and authorized by the former Florida Department
  172  of Commerce to promote sports-related industries. An appointed
  173  member of the board of directors of such direct-support
  174  organization as of June 30, 1996, may serve the remainder of his
  175  or her unexpired term.
  176         (7)(8) To promote amateur sports and physical fitness, the
  177  foundation direct-support organization shall:
  178         (a) Develop, foster, and coordinate services and programs
  179  for amateur sports for the people of Florida.
  180         (b) Sponsor amateur sports workshops, clinics, conferences,
  181  and other similar activities.
  182         (c) Give recognition to outstanding developments and
  183  achievements in, and contributions to, amateur sports.
  184         (d) Encourage, support, and assist local governments and
  185  communities in the development of or hosting of local amateur
  186  athletic events and competitions.
  187         (e) Promote Florida as a host for national and
  188  international amateur athletic competitions.
  189         (f) Develop a statewide programs program of amateur
  190  athletic competition to be known as the “Florida Senior Games”
  191  and the “Sunshine State Games.”
  192         (g) Continue the successful amateur sports programs
  193  previously conducted by the Florida Governor’s Council on
  194  Physical Fitness and Amateur Sports created under former s.
  195  14.22.
  196         (h) Encourage and continue the use of volunteers in its
  197  amateur sports programs to the maximum extent possible.
  198         (i) Develop, foster, and coordinate services and programs
  199  designed to encourage the participation of Florida’s youth in
  200  Olympic sports activities and competitions.
  201         (j) Foster and coordinate services and programs designed to
  202  contribute to the physical fitness of the citizens of Florida.
  203         (8)(9)(a) The Florida Senior Games and the Sunshine State
  204  Games shall both be patterned after the Summer Olympics with
  205  variations as necessitated by availability of facilities,
  206  equipment, and expertise. The games shall be designed to
  207  encourage the participation of athletes representing a broad
  208  range of age groups, skill levels, and Florida communities.
  209  Participants shall be residents of this state. Regional
  210  competitions shall be held throughout the state, and the top
  211  qualifiers in each sport shall proceed to the final competitions
  212  to be held at a site in the state with the necessary facilities
  213  and equipment for conducting the competitions.
  214         (b) The department may authorize Executive Office of the
  215  Governor is authorized to permit the use of property,
  216  facilities, and personal services of or at any State University
  217  System facility or institution by the direct-support
  218  organization operating the Florida Senior Games and the Sunshine
  219  State Games. For the purposes of this paragraph, personal
  220  services includes full-time or part-time personnel as well as
  221  payroll processing.
  222         Section 3. Paragraph (a) of subsection (6), paragraph (b)
  223  of subsection (9), paragraph (a) of subsection (35), subsection
  224  (60), and paragraph (b) of subsection (64) of section 320.08058,
  225  Florida Statutes, are amended to read:
  226         320.08058 Specialty license plates.—
  227         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
  228  PLATES.—
  229         (a) Because the United States Olympic Committee has
  230  selected this state to participate in a combined fundraising
  231  program that provides for one-half of all money raised through
  232  volunteer giving to stay in this state and be administered by
  233  the Florida Sports Foundation Enterprise Florida, Inc., to
  234  support amateur sports, and because the United States Olympic
  235  Committee and the Florida Sports Foundation Enterprise Florida,
  236  Inc., are nonprofit organizations dedicated to providing
  237  athletes with support and training and preparing athletes of all
  238  ages and skill levels for sports competition, and because the
  239  Florida Sports Foundation Enterprise Florida, Inc., assists in
  240  the bidding for sports competitions that provide significant
  241  impact to the economy of this state, and because the Legislature
  242  supports the efforts of the United States Olympic Committee and
  243  the Florida Sports Foundation Enterprise Florida, Inc., the
  244  Legislature establishes a Florida United States Olympic
  245  Committee license plate for the purpose of providing a
  246  continuous funding source to support this worthwhile effort.
  247  Florida United States Olympic Committee license plates must
  248  contain the official United States Olympic Committee logo and
  249  must bear a design and colors that are approved by the
  250  department. The word “Florida” must be centered at the top of
  251  the plate.
  252         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
  253         (b) The license plate annual use fees are to be annually
  254  distributed as follows:
  255         1. Fifty-five percent of the proceeds from the Florida
  256  Professional Sports Team plate must be deposited into the
  257  Professional Sports Development Trust Fund within the Department
  258  of Economic Opportunity. These funds must be used solely to
  259  attract and support major sports events in this state. As used
  260  in this subparagraph, the term “major sports events” means, but
  261  is not limited to, championship or all-star contests of Major
  262  League Baseball, the National Basketball Association, the
  263  National Football League, the National Hockey League, Major
  264  League Soccer, the men’s and women’s National Collegiate
  265  Athletic Association championships Final Four basketball
  266  championship, or a horseracing or dogracing Breeders’ Cup. All
  267  funds must be used to support and promote major sporting events,
  268  and the uses must be approved by the Department of Economic
  269  Opportunity.
  270         2. The remaining proceeds of the Florida Professional
  271  Sports Team license plate must be allocated to the Florida
  272  Sports Foundation Enterprise Florida, Inc. These funds must be
  273  deposited into the Professional Sports Development Trust Fund
  274  within the Department of Economic Opportunity. These funds must
  275  be used by the Florida Sports Foundation Enterprise Florida,
  276  Inc., to promote the economic development of the sports
  277  industry; to distribute licensing and royalty fees to
  278  participating professional sports teams; to promote education
  279  programs in Florida schools that provide an awareness of the
  280  benefits of physical activity and nutrition standards; to
  281  partner with the Department of Education and the Department of
  282  Health to develop a program that recognizes schools whose
  283  students demonstrate excellent physical fitness or fitness
  284  improvement; to institute a grant program for communities
  285  bidding on minor sporting events that create an economic impact
  286  for the state; to distribute funds to Florida-based charities
  287  designated by the Florida Sports Foundation Enterprise Florida,
  288  Inc., and the participating professional sports teams; and to
  289  fulfill the sports promotion responsibilities of the Department
  290  of Economic Opportunity.
  291         3. The Florida Sports Foundation Enterprise Florida, Inc.,
  292  shall provide an annual financial audit in accordance with s.
  293  215.981 of its financial accounts and records by an independent
  294  certified public accountant pursuant to the contract established
  295  by the Department of Economic Opportunity as provided in s.
  296  288.1229(5). The auditor shall submit the audit report to the
  297  Department of Economic Opportunity for review and approval. If
  298  the audit report is approved, the Department of Economic
  299  Opportunity shall certify the audit report to the Auditor
  300  General for review.
  301         4. Notwithstanding the provisions of subparagraphs 1. and
  302  2., proceeds from the Professional Sports Development Trust Fund
  303  may also be used for operational expenses of the Florida Sports
  304  Foundation Enterprise Florida, Inc., and financial support of
  305  the Florida Senior Games and the Sunshine State Games.
  306         (35) FLORIDA GOLF LICENSE PLATES.—
  307         (a) The Department of Highway Safety and Motor Vehicles
  308  shall develop a Florida Golf license plate as provided in this
  309  section. The word “Florida” must appear at the bottom of the
  310  plate. The Dade Amateur Golf Association, following consultation
  311  with the PGA TOUR, the Florida Sports Foundation Enterprise
  312  Florida, Inc., the LPGA, and the PGA of America, may submit a
  313  revised sample plate for consideration by the department.
  314         (60) FLORIDA NASCAR LICENSE PLATES.—
  315         (a) The department shall develop a Florida NASCAR license
  316  plate as provided in this section. Florida NASCAR license plates
  317  must bear the colors and design approved by the department. The
  318  word “Florida” must appear at the top of the plate, and the term
  319  “NASCAR” must appear at the bottom of the plate. The National
  320  Association for Stock Car Auto Racing, following consultation
  321  with the Florida Sports Foundation Enterprise Florida, Inc., may
  322  submit a sample plate for consideration by the department.
  323         (b) The license plate annual use fees shall be distributed
  324  to the Florida Sports Foundation Enterprise Florida, Inc. The
  325  license plate annual use fees shall be annually allocated as
  326  follows:
  327         1. Up to 5 percent of the proceeds from the annual use fees
  328  may be used by the Florida Sports Foundation Enterprise Florida,
  329  Inc., for the administration of the NASCAR license plate
  330  program.
  331         2. The National Association for Stock Car Auto Racing shall
  332  receive up to $60,000 in proceeds from the annual use fees to be
  333  used to pay startup costs, including costs incurred in
  334  developing and issuing the plates. Thereafter, 10 percent of the
  335  proceeds from the annual use fees shall be provided to the
  336  association for the royalty rights for the use of its marks.
  337         3. The remaining proceeds from the annual use fees shall be
  338  distributed to the Florida Sports Foundation Enterprise Florida,
  339  Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
  340  will retain 15 percent to support its regional grant program,
  341  attracting sporting events to Florida; 20 percent to support the
  342  marketing of motorsports-related tourism in the state; and 50
  343  percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
  344  charitable organization, to support Florida-based charitable
  345  organizations.
  346         (c) The Florida Sports Foundation Enterprise Florida, Inc.,
  347  shall provide an annual financial audit in accordance with s.
  348  215.981 of its financial accounts and records by an independent
  349  certified public accountant pursuant to the contract established
  350  by the Department of Economic Opportunity as specified in s.
  351  288.1229(5). The auditor shall submit the audit report to the
  352  Department of Economic Opportunity for review and approval. If
  353  the audit report is approved, the Department of Economic
  354  Opportunity shall certify the audit report to the Auditor
  355  General for review.
  356         (64) FLORIDA TENNIS LICENSE PLATES.—
  357         (b) The department shall distribute the annual use fees to
  358  the Florida Sports Foundation Enterprise Florida, Inc. The
  359  license plate annual use fees shall be annually allocated as
  360  follows:
  361         1. Up to 5 percent of the proceeds from the annual use fees
  362  may be used by the Florida Sports Foundation Enterprise Florida,
  363  Inc., to administer the license plate program.
  364         2. The United States Tennis Association Florida Section
  365  Foundation shall receive the first $60,000 in proceeds from the
  366  annual use fees to reimburse it for startup costs,
  367  administrative costs, and other costs it incurs in the
  368  development and approval process.
  369         3. Up to 5 percent of the proceeds from the annual use fees
  370  may be used for promoting and marketing the license plates. The
  371  remaining proceeds shall be available for grants by the United
  372  States Tennis Association Florida Section Foundation to
  373  nonprofit organizations to operate youth tennis programs and
  374  adaptive tennis programs for special populations of all ages,
  375  and for building, renovating, and maintaining public tennis
  376  courts.
  377         Section 4. This act shall take effect July 1, 2017.