The Florida Senate

288.1229  Promotion and development of sports-related industries; direct-support organization; powers and duties.--

(1)  The Office of Tourism, Trade, and Economic Development may authorize a direct-support organization to assist the office in the promotion and development of the sports industry and related industries for the purpose of improving the economic presence of these industries in Florida.

(2)  To be authorized as a direct-support organization, an organization must:

(a)  Be incorporated as a corporation not for profit pursuant to chapter 617.

(b)  Be governed by a board of directors, which must consist of 15 members appointed by the Governor and up to 15 members appointed by the existing board of directors. In making appointments, the board must consider a potential member's background in community service and sports activism in, and financial support of, the sports industry. Members must be residents of the state and highly knowledgeable about or active in professional sports. The board must contain representatives of all geographical regions of the state and must represent ethnic and gender diversity. The terms of office of the members shall be 4 years. No member may serve more than two consecutive terms. The Governor may remove any member for cause and shall fill all vacancies that occur.

(c)  Have as its purpose, as stated in its articles of incorporation, to receive, hold, invest, and administer property; to raise funds and receive gifts; and to promote and develop the sports industry and related industries for the purpose of increasing the economic presence of these industries in Florida.

(d)  Have a prior determination by the Office of Tourism, Trade, and Economic Development that the organization will benefit the office and act in the best interests of the state as a direct-support organization to the office.

(3)  The Office of Tourism, Trade, and Economic Development shall contract with the organization and shall include in the contract that:

(a)  The office may review the organization's articles of incorporation.

(b)  The organization shall submit an annual budget proposal to the office, on a form provided by the office, in accordance with office procedures for filing budget proposals based upon the recommendation of the office.

(c)  Any funds that the organization holds in trust will revert to the state upon the expiration or cancellation of the contract.

(d)  The organization is subject to an annual financial and performance review by the office to determine whether the organization is complying with the terms of the contract and whether it is acting in a manner consistent with the goals of the office and in the best interests of the state.

(e)  The fiscal year of the organization will begin July 1 of each year and end June 30 of the next ensuing year.

(4)  The Office of Tourism, Trade, and Economic Development may allow the organization to use the property, facilities, personnel, and services of the office if the organization provides equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin, subject to the approval of the director of the office.

(5)  The organization shall provide an annual financial and compliance audit of its financial accounts and records by an independent certified public accountant pursuant to rules established by the Office of Tourism, Trade, and Economic Development. The auditor shall submit the audit report to the director of the office for review and approval. If the audit report is approved, the office shall certify the audit report to the Auditor General for review.

(6)  The organization is not granted any taxing power.

(7)  In exercising the power provided in this section, the Office of Tourism, Trade, and Economic Development may authorize and contract with the direct-support organization existing on June 30, 1996, and authorized by the ¹Florida Department of Commerce to promote sports-related industries. An appointed member of the board of directors of such direct-support organization as of June 30, 1996, may serve the remainder of his or her unexpired term.

History.--s. 56, ch. 96-320.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.