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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XIX
Chapter 288
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F.S. 288.1229
288.1229 Promotion and development of sports-related industries and amateur athletics; direct-support organization established; powers and duties.
(1) The department shall establish a direct-support organization known as the Florida Sports Foundation. The foundation shall assist the department in:
(a) The promotion and development of the sports industry and related industries for the purpose of improving the economic presence of these industries in Florida.
(b) The promotion of amateur athletic participation for the citizens of Florida and the promotion of Florida as a host for national and international amateur athletic competitions for the purpose of encouraging and increasing the direct and ancillary economic benefits of amateur athletic events and competitions.
(c) The retention of professional sports franchises, including the spring training operations of Major League Baseball.
(2) The Florida Sports Foundation 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 up to 15 members appointed by the Governor. In making appointments, the Governor must consider a potential member’s background in community service and sports activism in, and financial support of, the sports industry, professional sports, or organized amateur athletics. Members must be residents of the state and highly knowledgeable about or active in professional or organized amateur sports.
1. The board must contain representatives of all geographical regions of the state and must represent ethnic and gender diversity.
2. 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 department that the foundation will benefit the department and act in the best interests of the state as a direct-support organization to the department.
(3) The Florida Sports Foundation shall operate under contract with the department. The contract must provide that:
(a) The department may review the foundation’s articles of incorporation.
(b) The foundation shall submit an annual budget proposal to the department, on a form provided by the department, in accordance with department procedures for filing budget proposals based upon the recommendation of the department.
(c) Any funds that the foundation holds in trust will revert to the state upon the expiration or cancellation of the contract.
(d) The foundation is subject to an annual financial and performance review by the department to determine whether the foundation is complying with the terms of the contract and whether it is acting in a manner consistent with the goals of the department and in the best interests of the state.
(e) The fiscal year of the foundation begins July 1 of each year and ends June 30 of the next ensuing year.
(4) The department may allow the foundation to use the property, facilities, personnel, and services of the department if the foundation provides equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin, subject to the approval of the executive director of the department.
(5) The foundation shall provide for an annual financial audit in accordance with s. 215.981.
(6) The foundation is not granted any taxing power.
(7) To promote amateur sports and physical fitness, the foundation shall:
(a) Develop, foster, and coordinate services and programs for amateur sports for the people of Florida.
(b) Sponsor amateur sports workshops, clinics, conferences, and other similar activities.
(c) Give recognition to outstanding developments and achievements in, and contributions to, amateur sports.
(d) Encourage, support, and assist local governments and communities in the development of or hosting of local amateur athletic events and competitions.
(e) Promote Florida as a host for national and international amateur athletic competitions.
(f) Develop statewide programs of amateur athletic competition to be known as the “Florida Senior Games” and the “Sunshine State Games.”
(g) Continue the successful amateur sports programs previously conducted by the Florida Governor’s Council on Physical Fitness and Amateur Sports created under former s. 14.22.
(h) Encourage and continue the use of volunteers in its amateur sports programs to the maximum extent possible.
(i) Develop, foster, and coordinate services and programs designed to encourage the participation of Florida’s youth in Olympic sports activities and competitions.
(j) Foster and coordinate services and programs designed to contribute to the physical fitness of the citizens of Florida.
(8)(a) The Sunshine State Games and Florida Senior Games shall both be patterned after the Summer Olympics with variations as necessitated by availability of facilities, equipment, and expertise. The games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Florida communities.
(b) The department is authorized to permit the use of property, facilities, and personal services of or at any State University System facility or institution by the direct-support organization operating the Sunshine State Games and Florida Senior Games. For the purposes of this paragraph, personal services includes full-time or part-time personnel as well as payroll processing.
History.s. 56, ch. 96-320; s. 7, ch. 99-251; s. 63, ch. 2001-61; s. 92, ch. 2001-266; s. 66, ch. 2010-102; s. 6, ch. 2010-140; s. 37, ch. 2010-147; s. 485, ch. 2011-142; s. 63, ch. 2023-173.