Florida Senate - 2017 SB 1306
By Senator Montford
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.
45 Be It Enacted by the Legislature of the State of Florida:
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
377 Section 4. This act shall take effect July 1, 2017.