Florida Senate - 2017                             CS for SB 1306
       
       
        
       By the Committee on Commerce and Tourism; and Senator Montford
       
       
       
       
       
       577-03941-17                                          20171306c1
    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
   56         date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   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
   76  competitions.
   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
   99  Baseball.
  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
  106  follows:
  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
  117  training.
  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
  144  office.
  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
  180  power.
  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.
  208  14.22.
  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
  260  PLATES.—
  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
  301  Opportunity.
  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
  358  follows:
  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
  362  program.
  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
  377  organizations.
  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
  392  follows:
  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
  408  courts.
  409         Section 5. This act shall take effect July 1, 2017.