Bill Text: FL S1306 | 2017 | Regular Session | Comm Sub
Bill Title: Economic Programs
Spectrum: Bipartisan Bill
Status: (Failed) 2017-05-05 - Died in Appropriations [S1306 Detail]
Download: Florida-2017-S1306-Comm_Sub.html
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 shallTheOfficeofTourism, Trade,87andEconomicDevelopmentmay authorize a direct-support88organization toassist the departmentofficein: 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 FoundationTo be authorized as a101direct-support organization, an organizationmust: 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 20up to 15members 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-largeand up to 15 members appointed by121the existing board of directors. In making at-large 122 appointments, the Governorboardmust 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 must128 2. In the membership of its board of directors, contain 129 representatives of all geographical regions of the state and 130mustrepresent ethnic and gender diversity. The terms of office 131 of the members shall be 4 years.No member may serve more than132two 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 departmentOffice of141Tourism, Trade, and Economic Developmentthat the organization 142 will benefit the departmentofficeand act in the best interests 143 of the state as a direct-support organization to the department 144office. 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 provideOffice of Tourism, Trade, and Economic149Developmentshall contract with the organization and shall150include in the contractthat: 151 (a) The departmentofficemay review the foundation’s 152organization’sarticles of incorporation. 153 (b) The foundationorganizationshall submit an annual 154 budget proposal to the departmentoffice, on a form provided by 155 the departmentoffice, in accordance with departmentoffice156 procedures for filing budget proposals based upon the 157 recommendation of the departmentoffice. 158 (c) Any funds that the foundationorganizationholds in 159 trust will revert to the state upon the expiration or 160 cancellation of the contract. 161 (d) The foundationorganizationis subject to an annual 162 financial and performance review by the departmentofficeto 163 determine whether the foundationorganizationis complying with 164 the terms of the contract and whether it is acting in a manner 165 consistent with the goals of the departmentofficeand in the 166 best interests of the state. 167 (e) The fiscal year of the foundation beginsorganization168will beginJuly 1 of each year and endsendJune 30 of the next 169ensuingyear. 170 (4) The departmentOffice of Tourism, Trade, and Economic171Developmentmay allow the foundationorganizationto use the 172 property, facilities, personnel, and services of the department 173officeif the foundationorganizationprovides 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 departmentoffice. 177 (5) The foundationorganizationshall provide for an annual 178 financial audit in accordance with s. 215.981. 179 (6) The foundationorganizationis not granted any taxing 180 power. 181(7)In exercising the power provided in this section, the182Office of Tourism, Trade, and Economic Development may authorize183and contract with the direct-support organization existing on184June 30, 1996, and authorized by the former Florida Department185of Commerce to promote sports-related industries. An appointed186member of the board of directors of such direct-support187organization as of June 30, 1996, may serve the remainder of his188or her unexpired term.189 (7)(8)To promote amateur sports and physical fitness, the 190 foundationdirect-support organizationshall: 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) Developastatewide programsprogramof 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. 222Participants shall be residents of this state. Regional223competitions shall be held throughout the state, and the top224qualifiers in each sport shall proceed to the final competitions225to be held at a site in the state with the necessary facilities226and equipment for conducting the competitions.227 (b) The department may authorizeExecutive Office ofthe228Governor is authorized to permitthe 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, and240determine the economic benefits, as defined in s. 288.005, of241 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, andalsoevaluate 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 mustalsoidentify any inefficiencies in the 250 programs and provide recommendations for changes to the 251 programs. EachTheoffice shall submit a report to the President 252 of the Senate and the Speaker of the House of Representatives by 253 January 151, 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 FoundationEnterprise Florida, Inc.,to 266 support amateur sports,andbecause the United States Olympic 267 Committee and the Florida Sports FoundationEnterprise Florida,268Inc.,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,andbecause the 271 Florida Sports FoundationEnterprise 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 FoundationEnterprise 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 championshipsFinal Four basketball298championship, 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 FoundationEnterprise 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 FoundationEnterprise Florida,308Inc.,to promote the economic development of the sports 309 industry; to distribute licensing and royalty fees to 310 participating professional sports teams;to promote education311programs in Florida schools that provide an awareness of the312benefits of physical activity and nutrition standards; to313partner with the Department of Education and the Department of314Health to develop a program that recognizes schools whose315students demonstrate excellent physical fitness or fitness316improvement;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 FoundationEnterprise Florida,320Inc.,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 FoundationEnterprise 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 FoundationEnterprise 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 FoundationEnterprise344Florida, 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 FoundationEnterprise 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 FoundationEnterprise 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 FoundationEnterprise Florida,361Inc.,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 FoundationEnterprise Florida,371Inc. The Florida Sports FoundationEnterprise 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 FoundationEnterprise 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 FoundationEnterprise 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 FoundationEnterprise Florida,395Inc.,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.