Florida Senate - 2017 CS for SB 1306
By the Committee on Commerce and Tourism; and Senator Montford
1 A bill to be entitled
2 An act relating to economic programs; amending s.
3 20.60, F.S.; requiring the Department of Economic
4 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. 288.9937, F.S.; requiring the
41 Office of Program Policy Analysis and Government
42 Accountability to analyze and evaluate the first 3
43 years of certain programs; requiring the Office of
44 Program Policy Analysis and Government Accountability,
45 rather than the Office of Economic and Demographic
46 Research, to identify inefficiencies in certain
47 programs and to recommend changes to such programs;
48 revising the date by which the Office of Economic and
49 Demographic Research must submit a report to the
50 Legislature; requiring the Office of Program Policy
51 Analysis and Government Accountability to submit a
52 report to the Legislature by a specified date;
53 amending s. 320.08058, F.S.; conforming provisions to
54 changes made by the act; amending uses of the proceeds
55 of certain license plates; providing an effective
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. Paragraph (g) is added to subsection (4) of
61 section 20.60, Florida Statutes, to read:
62 20.60 Department of Economic Opportunity; creation; powers
63 and duties.—
64 (4) The purpose of the department is to assist the Governor
65 in working with the Legislature, state agencies, business
66 leaders, and economic development professionals to formulate and
67 implement coherent and consistent policies and strategies
68 designed to promote economic opportunities for all Floridians.
69 To accomplish such purposes, the department shall:
70 (g) Notwithstanding part I of chapter 287, contract with
71 the direct-support organization established under s. 288.1229 to
72 guide, stimulate, and promote the sports industry in this state;
73 to promote the participation of residents of this state in
74 amateur athletic competitions; and to promote this state as a
75 host for national and international amateur athletic
77 Section 2. Notwithstanding the repeal of section 288.1229,
78 Florida Statutes, in section 485 of chapter 2011-142, Laws of
79 Florida, section 288.1229, Florida Statutes, is revived,
80 readopted, and amended to read:
81 288.1229 Promotion and development of sports-related
82 industries and amateur athletics; direct-support organization
83 established; powers and duties.—
84 (1) The Department of Economic Opportunity shall establish
85 a direct-support organization known as the “Florida Sports
86 Foundation.” The foundation shall
The Office of Tourism, Trade,
87 and Economic Development may authorize a direct-support
88 organization to assist the department office in:
89 (a) The promotion and development of the sports industry
90 and related industries for the purpose of improving the economic
91 presence of these industries in Florida.
92 (b) The promotion of amateur athletic participation for the
93 citizens of Florida and the promotion of Florida as a host for
94 national and international amateur athletic competitions for the
95 purpose of encouraging and increasing the direct and ancillary
96 economic benefits of amateur athletic events and competitions.
97 (c) The retention of professional sports franchises,
98 including the spring training operations of Major League
100 (2) The Florida Sports Foundation To be authorized as a
101 direct-support organization, an organization must:
102 (a) Be incorporated as a corporation not for profit
103 pursuant to chapter 617.
104 (b)1. Be governed by a board of directors, which must
105 consist of 20 up to 15 members appointed by the Governor as
107 a. Ten members representing Florida professional sports
108 franchises of Major League Baseball, the National Basketball
109 Association, the National Football League, the Arena Football
110 League, the National Hockey League, and the Major League Soccer
111 teams domiciled in this state.
112 b. Two member representing Florida sports commissions.
113 c. One member representing the boating and fishing
114 industries in Florida.
115 d. One member representing the golf industry in Florida.
116 e. One member representing Major League Baseball spring
118 f. One member representing the automobile racing industry
119 in Florida.
120 g. Four members-at-large and up to 15 members appointed by
121 the existing board of directors. In making at-large
122 appointments, the Governor board must consider a potential
123 member’s background in community service and sports activism in,
124 and financial support of, the sports industry, professional
125 sports, or organized amateur athletics. Members must be
126 residents of the state and highly knowledgeable about or active
127 in professional or organized amateur sports. The board must
128 2. In the membership of its board of directors, contain
129 representatives of all geographical regions of the state and
130 must represent ethnic and gender diversity. The terms of office
131 of the members shall be 4 years. No member may serve more than
132 two consecutive terms. The Governor may remove any member for
133 cause and shall fill all vacancies that occur.
134 (c) Have as its purpose, as stated in its articles of
135 incorporation, to receive, hold, invest, and administer
136 property; to raise funds and receive gifts; and to promote and
137 develop the sports industry and related industries for the
138 purpose of increasing the economic presence of these industries
139 in Florida.
140 (d) Have a prior determination by the department Office of
141 Tourism, Trade, and Economic Development that the organization
142 will benefit the department office and act in the best interests
143 of the state as a direct-support organization to the department
145 (3) The Florida Sports Foundation shall operate under
146 written contract with the department. The department shall enter
147 into a contract with the foundation by July 1, 2017. The
148 contract must provide Office of Tourism, Trade, and Economic
149 Development shall contract with the organization and shall
150 include in the contract that:
151 (a) The department office may review the foundation’s
152 organization’s articles of incorporation.
153 (b) The foundation organization shall submit an annual
154 budget proposal to the department office, on a form provided by
155 the department office, in accordance with department office
156 procedures for filing budget proposals based upon the
157 recommendation of the department office.
158 (c) Any funds that the foundation organization holds in
159 trust will revert to the state upon the expiration or
160 cancellation of the contract.
161 (d) The foundation organization is subject to an annual
162 financial and performance review by the department office to
163 determine whether the foundation organization is complying with
164 the terms of the contract and whether it is acting in a manner
165 consistent with the goals of the department office and in the
166 best interests of the state.
167 (e) The fiscal year of the foundation begins organization
168 will begin July 1 of each year and ends end June 30 of the next
169 ensuing year.
170 (4) The department Office of Tourism, Trade, and Economic
171 Development may allow the foundation organization to use the
172 property, facilities, personnel, and services of the department
173 office if the foundation organization provides equal employment
174 opportunities to all persons regardless of race, color,
175 religion, sex, age, or national origin, subject to the approval
176 of the executive director of the department office.
177 (5) The foundation organization shall provide for an annual
178 financial audit in accordance with s. 215.981.
179 (6) The foundation organization is not granted any taxing
181 (7) In exercising the power provided in this section, the
182 Office of Tourism, Trade, and Economic Development may authorize
183 and contract with the direct-support organization existing on
184 June 30, 1996, and authorized by the former Florida Department
185 of Commerce to promote sports-related industries. An appointed
186 member of the board of directors of such direct-support
187 organization as of June 30, 1996, may serve the remainder of his
188 or her unexpired term.
189 (7) (8) To promote amateur sports and physical fitness, the
190 foundation direct-support organization shall:
191 (a) Develop, foster, and coordinate services and programs
192 for amateur sports for the people of Florida.
193 (b) Sponsor amateur sports workshops, clinics, conferences,
194 and other similar activities.
195 (c) Give recognition to outstanding developments and
196 achievements in, and contributions to, amateur sports.
197 (d) Encourage, support, and assist local governments and
198 communities in the development of or hosting of local amateur
199 athletic events and competitions.
200 (e) Promote Florida as a host for national and
201 international amateur athletic competitions.
202 (f) Develop a statewide programs program of amateur
203 athletic competition to be known as the “Florida Senior Games”
204 and the “Sunshine State Games.”
205 (g) Continue the successful amateur sports programs
206 previously conducted by the Florida Governor’s Council on
207 Physical Fitness and Amateur Sports created under former s.
209 (h) Encourage and continue the use of volunteers in its
210 amateur sports programs to the maximum extent possible.
211 (i) Develop, foster, and coordinate services and programs
212 designed to encourage the participation of Florida’s youth in
213 Olympic sports activities and competitions.
214 (j) Foster and coordinate services and programs designed to
215 contribute to the physical fitness of the citizens of Florida.
216 (8) (9)(a) The Florida Senior Games and the Sunshine State
217 Games shall both be patterned after the Summer Olympics with
218 variations as necessitated by availability of facilities,
219 equipment, and expertise. The games shall be designed to
220 encourage the participation of athletes representing a broad
221 range of age groups, skill levels, and Florida communities.
222 Participants shall be residents of this state. Regional
223 competitions shall be held throughout the state, and the top
224 qualifiers in each sport shall proceed to the final competitions
225 to be held at a site in the state with the necessary facilities
226 and equipment for conducting the competitions.
227 (b) The department may authorize Executive Office of the
228 Governor is authorized to permit the use of property,
229 facilities, and personal services of or at any State University
230 System facility or institution by the direct-support
231 organization operating the Florida Senior Games and the Sunshine
232 State Games. For the purposes of this paragraph, personal
233 services includes full-time or part-time personnel as well as
234 payroll processing.
235 Section 3. Section 288.9937, Florida Statutes, is amended
236 to read:
237 288.9937 Evaluation of programs.—The Office of Economic and
238 Demographic Research and the Office of Program Policy Analysis
239 and Government Accountability shall analyze and , evaluate , and
240 determine the economic benefits, as defined in s. 288.005, of
241 the first 3 years of the Microfinance Loan Program and the
242 Microfinance Guarantee Program. The analysis by the Office of
243 Economic and Demographic Research must determine the economic
244 benefits, as defined in s. 288.005, and also evaluate the number
245 of jobs created, the increase or decrease in personal income,
246 and the impact on state gross domestic product from the direct,
247 indirect, and induced effects of the state’s investment. The
248 analysis by the Office of Program Policy Analysis and Government
249 Accountability must also identify any inefficiencies in the
250 programs and provide recommendations for changes to the
251 programs. Each The office shall submit a report to the President
252 of the Senate and the Speaker of the House of Representatives by
253 January 15 1, 2018. This section expires January 31, 2018.
254 Section 4. Paragraph (a) of subsection (6), paragraph (b)
255 of subsection (9), paragraph (a) of subsection (35), subsection
256 (60), and paragraph (b) of subsection (64) of section 320.08058,
257 Florida Statutes, are amended to read:
258 320.08058 Specialty license plates.—
259 (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
261 (a) Because the United States Olympic Committee has
262 selected this state to participate in a combined fundraising
263 program that provides for one-half of all money raised through
264 volunteer giving to stay in this state and be administered by
265 the Florida Sports Foundation Enterprise Florida, Inc., to
266 support amateur sports, and because the United States Olympic
267 Committee and the Florida Sports Foundation Enterprise Florida,
268 Inc., are nonprofit organizations dedicated to providing
269 athletes with support and training and preparing athletes of all
270 ages and skill levels for sports competition, and because the
271 Florida Sports Foundation Enterprise Florida, Inc., assists in
272 the bidding for sports competitions that provide significant
273 impact to the economy of this state, and because the Legislature
274 supports the efforts of the United States Olympic Committee and
275 the Florida Sports Foundation Enterprise Florida, Inc., the
276 Legislature establishes a Florida United States Olympic
277 Committee license plate for the purpose of providing a
278 continuous funding source to support this worthwhile effort.
279 Florida United States Olympic Committee license plates must
280 contain the official United States Olympic Committee logo and
281 must bear a design and colors that are approved by the
282 department. The word “Florida” must be centered at the top of
283 the plate.
284 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
285 (b) The license plate annual use fees are to be annually
286 distributed as follows:
287 1. Fifty-five percent of the proceeds from the Florida
288 Professional Sports Team plate must be deposited into the
289 Professional Sports Development Trust Fund within the Department
290 of Economic Opportunity. These funds must be used solely to
291 attract and support major sports events in this state. As used
292 in this subparagraph, the term “major sports events” means, but
293 is not limited to, championship or all-star contests of Major
294 League Baseball, the National Basketball Association, the
295 National Football League, the National Hockey League, Major
296 League Soccer, the men’s and women’s National Collegiate
297 Athletic Association championships Final Four basketball
298 championship, or a horseracing or dogracing Breeders’ Cup. All
299 funds must be used to support and promote major sporting events,
300 and the uses must be approved by the Department of Economic
302 2. The remaining proceeds of the Florida Professional
303 Sports Team license plate must be allocated to the Florida
304 Sports Foundation Enterprise Florida, Inc. These funds must be
305 deposited into the Professional Sports Development Trust Fund
306 within the Department of Economic Opportunity. These funds must
307 be used by the Florida Sports Foundation Enterprise Florida,
308 Inc., to promote the economic development of the sports
309 industry; to distribute licensing and royalty fees to
310 participating professional sports teams; to promote education
311 programs in Florida schools that provide an awareness of the
312 benefits of physical activity and nutrition standards; to
313 partner with the Department of Education and the Department of
314 Health to develop a program that recognizes schools whose
315 students demonstrate excellent physical fitness or fitness
316 improvement; to institute a grant program for communities
317 bidding on minor sporting events that create an economic impact
318 for the state; to distribute funds to Florida-based charities
319 designated by the Florida Sports Foundation Enterprise Florida,
320 Inc., and the participating professional sports teams; and to
321 fulfill the sports promotion responsibilities of the Department
322 of Economic Opportunity.
323 3. The Florida Sports Foundation Enterprise Florida, Inc.,
324 shall provide an annual financial audit in accordance with s.
325 215.981 of its financial accounts and records by an independent
326 certified public accountant pursuant to the contract established
327 by the Department of Economic Opportunity as provided in s.
328 288.1229(5). The auditor shall submit the audit report to the
329 Department of Economic Opportunity for review and approval. If
330 the audit report is approved, the Department of Economic
331 Opportunity shall certify the audit report to the Auditor
332 General for review.
333 4. Notwithstanding the provisions of subparagraphs 1. and
334 2., proceeds from the Professional Sports Development Trust Fund
335 may also be used for operational expenses of the Florida Sports
336 Foundation Enterprise Florida, Inc., and financial support of
337 the Florida Senior Games and the Sunshine State Games.
338 (35) FLORIDA GOLF LICENSE PLATES.—
339 (a) The Department of Highway Safety and Motor Vehicles
340 shall develop a Florida Golf license plate as provided in this
341 section. The word “Florida” must appear at the bottom of the
342 plate. The Dade Amateur Golf Association, following consultation
343 with the PGA TOUR, the Florida Sports Foundation Enterprise
344 Florida, Inc., the LPGA, and the PGA of America, may submit a
345 revised sample plate for consideration by the department.
346 (60) FLORIDA NASCAR LICENSE PLATES.—
347 (a) The department shall develop a Florida NASCAR license
348 plate as provided in this section. Florida NASCAR license plates
349 must bear the colors and design approved by the department. The
350 word “Florida” must appear at the top of the plate, and the term
351 “NASCAR” must appear at the bottom of the plate. The National
352 Association for Stock Car Auto Racing, following consultation
353 with the Florida Sports Foundation Enterprise Florida, Inc., may
354 submit a sample plate for consideration by the department.
355 (b) The license plate annual use fees shall be distributed
356 to the Florida Sports Foundation Enterprise Florida, Inc. The
357 license plate annual use fees shall be annually allocated as
359 1. Up to 5 percent of the proceeds from the annual use fees
360 may be used by the Florida Sports Foundation Enterprise Florida,
361 Inc., for the administration of the NASCAR license plate
363 2. The National Association for Stock Car Auto Racing shall
364 receive up to $60,000 in proceeds from the annual use fees to be
365 used to pay startup costs, including costs incurred in
366 developing and issuing the plates. Thereafter, 10 percent of the
367 proceeds from the annual use fees shall be provided to the
368 association for the royalty rights for the use of its marks.
369 3. The remaining proceeds from the annual use fees shall be
370 distributed to the Florida Sports Foundation Enterprise Florida,
371 Inc. The Florida Sports Foundation Enterprise Florida, Inc.,
372 will retain 15 percent to support its regional grant program,
373 attracting sporting events to Florida; 20 percent to support the
374 marketing of motorsports-related tourism in the state; and 50
375 percent to be paid to the NASCAR Foundation, a s. 501(c)(3)
376 charitable organization, to support Florida-based charitable
378 (c) The Florida Sports Foundation Enterprise Florida, Inc.,
379 shall provide an annual financial audit in accordance with s.
380 215.981 of its financial accounts and records by an independent
381 certified public accountant pursuant to the contract established
382 by the Department of Economic Opportunity as specified in s.
383 288.1229(5). The auditor shall submit the audit report to the
384 Department of Economic Opportunity for review and approval. If
385 the audit report is approved, the Department of Economic
386 Opportunity shall certify the audit report to the Auditor
387 General for review.
388 (64) FLORIDA TENNIS LICENSE PLATES.—
389 (b) The department shall distribute the annual use fees to
390 the Florida Sports Foundation Enterprise Florida, Inc. The
391 license plate annual use fees shall be annually allocated as
393 1. Up to 5 percent of the proceeds from the annual use fees
394 may be used by the Florida Sports Foundation Enterprise Florida,
395 Inc., to administer the license plate program.
396 2. The United States Tennis Association Florida Section
397 Foundation shall receive the first $60,000 in proceeds from the
398 annual use fees to reimburse it for startup costs,
399 administrative costs, and other costs it incurs in the
400 development and approval process.
401 3. Up to 5 percent of the proceeds from the annual use fees
402 may be used for promoting and marketing the license plates. The
403 remaining proceeds shall be available for grants by the United
404 States Tennis Association Florida Section Foundation to
405 nonprofit organizations to operate youth tennis programs and
406 adaptive tennis programs for special populations of all ages,
407 and for building, renovating, and maintaining public tennis
409 Section 5. This act shall take effect July 1, 2017.