Miami-Dade Legislative Item
File Number: 120220
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File Number: 120220 File Type: Resolution Status: Deferred by the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: REQUIRE SPORTS FRANCHISES TO OPERATE HOMELESS SHELTERS SPORT Introduced: 1/31/2012
Requester: NONE Cost: Final Action:
Agenda Date: 2/7/2012 Agenda Item Number: 11A20
Notes: Title: RESOLUTION SUPPORTING PROVISIONS OF SB 816 AND HB 1365 THAT REQUIRE SPORTS FRANCHISES TO OPERATE HOMELESS SHELTERS AT SPORTS FACILITIES RECEIVING STATE FUNDS, WHILE OPPOSING PORTIONS OF SB 816 AND HB 1365 THAT REQUIRE COUNTIES TO PAY FINES AND REIMBURSE STATE FUNDS WHEN A SPORTS FRANCHISE FAILS TO OPERATE A HOMELESS SHELTER AT THE STATE-FUNDED SPORTS FACILITY, AND URGING THE LEGISLATURE TO REQUIRE SPORTS FRANCHISES TO DONATE TO LOCAL HOMELESS PROGRAMS OR CREATE A HOMELESS SHELTER AT ANOTHER FACILITY AS A PENALTY FOR NONCOMPLIANCE IN LIEU OF A FINE OR REIMBURSEMENT OF STATE FUNDS
Indexes: LEGISLATURE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 2/7/2012 11A20 Deferred P

County Attorney 1/31/2012 Assigned Joni A. Mosely

Legislative Text


TITLE
RESOLUTION SUPPORTING PROVISIONS OF SB 816 AND HB 1365 THAT REQUIRE SPORTS FRANCHISES TO OPERATE HOMELESS SHELTERS AT SPORTS FACILITIES RECEIVING STATE FUNDS, WHILE OPPOSING PORTIONS OF SB 816 AND HB 1365 THAT REQUIRE COUNTIES TO PAY FINES AND REIMBURSE STATE FUNDS WHEN A SPORTS FRANCHISE FAILS TO OPERATE A HOMELESS SHELTER AT THE STATE-FUNDED SPORTS FACILITY, AND URGING THE LEGISLATURE TO REQUIRE SPORTS FRANCHISES TO DONATE TO LOCAL HOMELESS PROGRAMS OR CREATE A HOMELESS SHELTER AT ANOTHER FACILITY AS A PENALTY FOR NONCOMPLIANCE IN LIEU OF A FINE OR REIMBURSEMENT OF STATE FUNDS

BODY
WHEREAS, s. 288.1166, F.S. requires that professional sports facilities constructed with financial assistance from the state be designated as a shelter site for the homeless, except when the facility is otherwise contractually obligated for a specific event or activity; and
WHEREAS, a bill has been filed for consideration during the 2012 session of the Florida Legislature that would amend s. 288.1166, F.S., SB 816 by Senator Michael S. Bennett (R – Bradenton) and HB 1365 by Frank Artiles (R– Miami); and
WHEREAS, SB 816 and HB 1365 require the professional sports franchise that plays in the facility that benefitted from financial assistance from the state and the county in which the facility is located to document with the Auditor General by January 1, 2013 that a homeless shelter has been operating at the sports facility from the effective date of the contract between the county and the sports franchise; and

WHEREAS, SB 816 and HB 1365 provide that if the sports franchise and the county cannot demonstrate that a homeless shelter has been operating at the sports facility from the effective date of the contract until July 1, 2012, or that a shelter has only been operating for a portion of that time, then the sports franchise and the county shall refund all funds advanced by the state by December 31, 2012, less the sum representing any month in which the sports facility operated as a homeless shelter; and
WHEREAS, SB 816 and HB 1365 provide that if, after January 1, 2013, the Auditor General determines that a homeless shelter still is not operating at the sports facility, then the Auditor General shall fine the sports franchise and the county in which the sports facility is located an amount going forward equal to 150 percent of any financial assistance received each month from the state until the sports franchise and the county are operating a homeless shelter at the sports facility; and
WHEREAS, this Board seeks to eliminate homelessness in Miami-Dade County and supports the operation of homeless shelters at sports facilities receiving state funds; and
WHEREAS, requiring counties to reimburse state funds and pay fines associated with a sports franchise’s failure to operate a homeless shelter at its state-funded sports facility will place an undue financial burden on counties; and
WHEREAS, permitting sports franchises to make donations to local homeless programs or create a homeless shelter at another facility as a penalty for noncompliance in lieu of fines and reimbursement of state funds is consistent with the goal of eliminating homelessness,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Supports provisions of SB 816 and HB 1365 that require sports franchises to operate homeless shelters at sports facilities receiving state funds.
Section 2. Opposes portions of SB 816 and HB 1365 that require counties to pay fines and reimburse state funds when a sports franchise fails to operate a homeless shelter at the state-funded sports facility.
Section 3. Urges the Legislature to require sports franchises to donate to local homeless programs or create a homeless shelter at another facility as a penalty for noncompliance in lieu of a fine or reimbursement of state funds.
Section 4. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Michael S. Bennett and Representative Frank Artiles.
Section 5. Directs the County’s state lobbyists to advocate for the legislation set forth in Sections 1, 2 and 3 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 State Legislative Package to include this item.





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