November 18, 2019
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       Florida Senate - 2010                                    SB 2540
       
       
       
       By Senator Fasano
       
       
       
       
       11-01809-10                                           20102540__
    1                        A bill to be entitled                      
    2         An act relating to professional sports franchises;
    3         amending ss. 14.2015, 212.20, and 218.64, F.S.,
    4         relating to the Office of Tourism, Trade, and Economic
    5         Development, the distribution of certain tax proceeds,
    6         and the allocation of a portion of the local
    7         government half-cent sales tax; conforming provisions
    8         to changes made by the act; conforming cross
    9         references; amending s. 288.1162, F.S.; deleting
   10         provisions relating to the certification and funding
   11         of facilities for spring training franchises;
   12         authorizing the Auditor General to conduct audits to
   13         verify whether certain funds for professional sports
   14         franchises are used as required by law; requiring the
   15         Auditor General to notify the Department of Revenue if
   16         the funds are not used as required by law; creating s.
   17         288.11621, F.S.; authorizing certain units of local
   18         government to apply for certification to receive state
   19         funding for a facility for a spring training
   20         franchise; providing definitions; providing
   21         eligibility requirements; providing criteria to
   22         competitively evaluate applications for certification;
   23         requiring a certified applicant to use the funds
   24         awarded for specified public purposes and place
   25         unexpended funds in a trust fund; authorizing a
   26         certified applicant to request a suspension of the
   27         distribution of funds for a specified period under
   28         certain circumstances; requiring the expenditure of
   29         funds by certain certified applicants within a
   30         specified period; requiring the completion of certain
   31         spring training facility projects within a specified
   32         period; requiring certified applicants to submit
   33         annual reports to the Office of Tourism, Trade, and
   34         Economic Development; requiring the office to
   35         decertify applicants under certain circumstances;
   36         providing for delay in decertification proceedings for
   37         local governments certified before a specified date
   38         under certain circumstances; providing for review of
   39         the office’s notice of intent to decertify an
   40         applicant; requiring an applicant to repay
   41         unencumbered state funds and interest after
   42         decertification; requiring the office to develop a
   43         strategic plan relating to baseball spring training
   44         activities; requiring the office to adopt rules;
   45         authorizing the Auditor General to conduct audits to
   46         verify whether certified funds for baseball spring
   47         training facilities are used as required by law;
   48         requiring the Auditor General to notify the Department
   49         of Revenue if the funds are not used as required by
   50         law; amending s. 288.1229, F.S.; providing that the
   51         Office of Tourism, Trade, and Economic Development may
   52         authorize a direct-support organization to assist in
   53         the retention of professional sports franchises;
   54         providing an effective date.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (f) of subsection (2) of section
   59  14.2015, Florida Statutes, is amended to read:
   60         14.2015 Office of Tourism, Trade, and Economic Development;
   61  creation; powers and duties.—
   62         (2) The purpose of the Office of Tourism, Trade, and
   63  Economic Development is to assist the Governor in working with
   64  the Legislature, state agencies, business leaders, and economic
   65  development professionals to formulate and implement coherent
   66  and consistent policies and strategies designed to provide
   67  economic opportunities for all Floridians. To accomplish such
   68  purposes, the Office of Tourism, Trade, and Economic Development
   69  shall:
   70         (f)1. Administer the Florida Enterprise Zone Act under ss.
   71  290.001-290.016, the community contribution tax credit program
   72  under ss. 220.183 and 624.5105, the tax refund program for
   73  qualified target industry businesses under s. 288.106, the tax
   74  refund program for qualified defense contractors and space
   75  flight business contractors under s. 288.1045, contracts for
   76  transportation projects under s. 288.063, the sports franchise
   77  facility programs program under ss. 288.1162 and 288.11621 s.
   78  288.1162, the professional golf hall of fame facility program
   79  under s. 288.1168, the expedited permitting process under s.
   80  403.973, the Rural Community Development Revolving Loan Fund
   81  under s. 288.065, the Regional Rural Development Grants Program
   82  under s. 288.018, the Certified Capital Company Act under s.
   83  288.99, the Florida State Rural Development Council, the Rural
   84  Economic Development Initiative, and other programs that are
   85  specifically assigned to the office by law, by the
   86  appropriations process, or by the Governor. Notwithstanding any
   87  other provisions of law, the office may expend interest earned
   88  from the investment of program funds deposited in the Grants and
   89  Donations Trust Fund to contract for the administration of the
   90  programs, or portions of the programs, enumerated in this
   91  paragraph or assigned to the office by law, by the
   92  appropriations process, or by the Governor. Such expenditures
   93  shall be subject to review under chapter 216.
   94         2. The office may enter into contracts in connection with
   95  the fulfillment of its duties concerning the Florida First
   96  Business Bond Pool under chapter 159, tax incentives under
   97  chapters 212 and 220, tax incentives under the Certified Capital
   98  Company Act in chapter 288, foreign offices under chapter 288,
   99  the Enterprise Zone program under chapter 290, the Seaport
  100  Employment Training program under chapter 311, the Florida
  101  Professional Sports Team License Plates under chapter 320,
  102  Spaceport Florida under chapter 331, Expedited Permitting under
  103  chapter 403, and in carrying out other functions that are
  104  specifically assigned to the office by law, by the
  105  appropriations process, or by the Governor.
  106         Section 2. Paragraph (d) of subsection (6) of section
  107  212.20, Florida Statutes, is amended to read:
  108         212.20 Funds collected, disposition; additional powers of
  109  department; operational expense; refund of taxes adjudicated
  110  unconstitutionally collected.—
  111         (6) Distribution of all proceeds under this chapter and s.
  112  202.18(1)(b) and (2)(b) shall be as follows:
  113         (d) The proceeds of all other taxes and fees imposed
  114  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  115  and (2)(b) shall be distributed as follows:
  116         1. In any fiscal year, the greater of $500 million, minus
  117  an amount equal to 4.6 percent of the proceeds of the taxes
  118  collected pursuant to chapter 201, or 5.2 percent of all other
  119  taxes and fees imposed pursuant to this chapter or remitted
  120  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  121  monthly installments into the General Revenue Fund.
  122         2. After the distribution under subparagraph 1., 8.814
  123  percent of the amount remitted by a sales tax dealer located
  124  within a participating county pursuant to s. 218.61 shall be
  125  transferred into the Local Government Half-cent Sales Tax
  126  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  127  transferred shall be reduced by 0.1 percent, and the department
  128  shall distribute this amount to the Public Employees Relations
  129  Commission Trust Fund less $5,000 each month, which shall be
  130  added to the amount calculated in subparagraph 3. and
  131  distributed accordingly.
  132         3. After the distribution under subparagraphs 1.and 2.,
  133  0.095 percent shall be transferred to the Local Government Half
  134  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  135  s. 218.65.
  136         4. After the distributions under subparagraphs 1., 2., and
  137  3., 2.0440 percent of the available proceeds shall be
  138  transferred monthly to the Revenue Sharing Trust Fund for
  139  Counties pursuant to s. 218.215.
  140         5. After the distributions under subparagraphs 1., 2., and
  141  3., 1.3409 percent of the available proceeds shall be
  142  transferred monthly to the Revenue Sharing Trust Fund for
  143  Municipalities pursuant to s. 218.215. If the total revenue to
  144  be distributed pursuant to this subparagraph is at least as
  145  great as the amount due from the Revenue Sharing Trust Fund for
  146  Municipalities and the former Municipal Financial Assistance
  147  Trust Fund in state fiscal year 1999-2000, no municipality shall
  148  receive less than the amount due from the Revenue Sharing Trust
  149  Fund for Municipalities and the former Municipal Financial
  150  Assistance Trust Fund in state fiscal year 1999-2000. If the
  151  total proceeds to be distributed are less than the amount
  152  received in combination from the Revenue Sharing Trust Fund for
  153  Municipalities and the former Municipal Financial Assistance
  154  Trust Fund in state fiscal year 1999-2000, each municipality
  155  shall receive an amount proportionate to the amount it was due
  156  in state fiscal year 1999-2000.
  157         6. Of the remaining proceeds:
  158         a. In each fiscal year, the sum of $29,915,500 shall be
  159  divided into as many equal parts as there are counties in the
  160  state, and one part shall be distributed to each county. The
  161  distribution among the several counties must begin each fiscal
  162  year on or before January 5th and continue monthly for a total
  163  of 4 months. If a local or special law required that any moneys
  164  accruing to a county in fiscal year 1999-2000 under the then
  165  existing provisions of s. 550.135 be paid directly to the
  166  district school board, special district, or a municipal
  167  government, such payment must continue until the local or
  168  special law is amended or repealed. The state covenants with
  169  holders of bonds or other instruments of indebtedness issued by
  170  local governments, special districts, or district school boards
  171  before July 1, 2000, that it is not the intent of this
  172  subparagraph to adversely affect the rights of those holders or
  173  relieve local governments, special districts, or district school
  174  boards of the duty to meet their obligations as a result of
  175  previous pledges or assignments or trusts entered into which
  176  obligated funds received from the distribution to county
  177  governments under then-existing s. 550.135. This distribution
  178  specifically is in lieu of funds distributed under s. 550.135
  179  before July 1, 2000.
  180         b. The department shall distribute $166,667 monthly
  181  pursuant to s. 288.1162 to each applicant that has been
  182  certified as a facility for a new or retained professional
  183  sports franchise “facility for a new professional sports
  184  franchise” or a “facility for a retained professional sports
  185  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
  186  distributed monthly by the department to each certified
  187  applicant as defined in s. 288.11621 for a facility for a
  188  retained spring training franchise. that has been certified as a
  189  “facility for a retained spring training franchise” pursuant to
  190  s. 288.1162; However, not more than $416,670 may be distributed
  191  monthly in the aggregate to all certified applicants for
  192  facilities for a retained spring training franchises franchise.
  193  Distributions must begin 60 days after following such
  194  certification and shall continue for not more than 30 years,
  195  except as otherwise provided in s. 288.11621. A certified
  196  applicant identified in this sub-subparagraph may not This
  197  paragraph may not be construed to allow an applicant certified
  198  pursuant to s. 288.1162 to receive more in distributions than
  199  actually expended by the applicant for the public purposes
  200  provided for in s. 288.1162(5) or s. 288.11621(3) s.
  201  288.1162(6).
  202         c. Beginning 30 days after notice by the Office of Tourism,
  203  Trade, and Economic Development to the Department of Revenue
  204  that an applicant has been certified as the professional golf
  205  hall of fame pursuant to s. 288.1168 and is open to the public,
  206  $166,667 shall be distributed monthly, for up to 300 months, to
  207  the applicant.
  208         d. Beginning 30 days after notice by the Office of Tourism,
  209  Trade, and Economic Development to the Department of Revenue
  210  that the applicant has been certified as the International Game
  211  Fish Association World Center facility pursuant to s. 288.1169,
  212  and the facility is open to the public, $83,333 shall be
  213  distributed monthly, for up to 168 months, to the applicant.
  214  This distribution is subject to reduction pursuant to s.
  215  288.1169. A lump sum payment of $999,996 shall be made, after
  216  certification and before July 1, 2000.
  217         7. All other proceeds must remain in the General Revenue
  218  Fund.
  219         Section 3. Section 218.64, Florida Statutes, is amended to
  220  read:
  221         218.64 Local government half-cent sales tax; uses;
  222  limitations.—
  223         (1) The proportion of the local government half-cent sales
  224  tax received by a county government based on two-thirds of the
  225  incorporated area population shall be deemed countywide revenues
  226  and shall be expended only for countywide tax relief or
  227  countywide programs. The remaining county government portion
  228  shall be deemed county revenues derived on behalf of the
  229  unincorporated area but may be expended on a countywide basis.
  230         (2) Municipalities shall expend their portions of the local
  231  government half-cent sales tax only for municipality-wide
  232  programs or for municipality-wide property tax or municipal
  233  utility tax relief. All utility tax rate reductions afforded by
  234  participation in the local government half-cent sales tax shall
  235  be applied uniformly across all types of taxed utility services.
  236         (3) Subject to ordinances enacted by the majority of the
  237  members of the county governing authority and by the majority of
  238  the members of the governing authorities of municipalities
  239  representing at least 50 percent of the municipal population of
  240  such county, counties may use up to $2 million annually of the
  241  local government half-cent sales tax allocated to that county
  242  for funding for any of the following applicants:
  243         (a) A certified applicant as a facility for a new or
  244  retained professional sports franchise under “facility for a new
  245  professional sports franchise,” a “facility for a retained
  246  professional sports franchise,” or a “facility for a retained
  247  spring training franchise,” as provided for in s. 288.1162 or a
  248  certified applicant as defined in s. 288.11621 for a facility
  249  for a spring training franchise. It is the Legislature’s intent
  250  that the provisions of s. 288.1162, including, but not limited
  251  to, the evaluation process by the Office of Tourism, Trade, and
  252  Economic Development except for the limitation on the number of
  253  certified applicants or facilities as provided in that section
  254  and the restrictions set forth in s. 288.1162(8) s. 288.1162(9),
  255  shall apply to an applicant’s facility to be funded by local
  256  government as provided in this subsection.
  257         (b) A certified applicant as a “motorsport entertainment
  258  complex,” as provided for in s. 288.1171. Funding for each
  259  franchise or motorsport complex shall begin 60 days after
  260  certification and shall continue for not more than 30 years.
  261         (4) A local government is authorized to pledge proceeds of
  262  the local government half-cent sales tax for the payment of
  263  principal and interest on any capital project.
  264         Section 4. Section 288.1162, Florida Statutes, is amended
  265  to read:
  266         288.1162 Professional sports franchises; spring training
  267  franchises; duties.—
  268         (1) The Office of Tourism, Trade, and Economic Development
  269  shall serve as the state agency for screening applicants for
  270  state funding under pursuant to s. 212.20 and for certifying an
  271  applicant as a facility for a new or retained professional
  272  sports franchise. “facility for a new professional sports
  273  franchise,” a “facility for a retained professional sports
  274  franchise,” or a “facility for a retained spring training
  275  franchise.”
  276         (2) The Office of Tourism, Trade, and Economic Development
  277  shall develop rules for the receipt and processing of
  278  applications for funding under pursuant to s. 212.20.
  279         (3) As used in this section, the term:
  280         (a) “New professional sports franchise” means a
  281  professional sports franchise was that is not based in this
  282  state before prior to April 1, 1987.
  283         (b) “Retained professional sports franchise” means a
  284  professional sports franchise that has had a league-authorized
  285  location in this state on or before December 31, 1976, and has
  286  continuously remained at that location, and has never been
  287  located at a facility that has been previously certified under
  288  any provision of this section.
  289         (4) Before Prior to certifying an applicant as a facility
  290  for a new or retained professional sports franchise, “facility
  291  for a new professional sports franchise” or a “facility for a
  292  retained professional sports franchise,” the Office of Tourism,
  293  Trade, and Economic Development must determine that:
  294         (a) A “unit of local government” as defined in s. 218.369
  295  is responsible for the construction, management, or operation of
  296  the professional sports franchise facility or holds title to the
  297  property on which the professional sports franchise facility is
  298  located.
  299         (b) The applicant has a verified copy of a signed agreement
  300  with a new professional sports franchise for the use of the
  301  facility for a term of at least 10 years, or in the case of a
  302  retained professional sports franchise, an agreement for use of
  303  the facility for a term of at least 20 years.
  304         (c) The applicant has a verified copy of the approval from
  305  the governing authority of the league in which the new
  306  professional sports franchise exists authorizing the location of
  307  the professional sports franchise in this state after April 1,
  308  1987, or in the case of a retained professional sports
  309  franchise, verified evidence that it has had a league-authorized
  310  location in this state on or before December 31, 1976. As used
  311  in this section, the term “league” means the National League or
  312  the American League of Major League Baseball, the National
  313  Basketball Association, the National Football League, or the
  314  National Hockey League.
  315         (d) The applicant has projections, verified by the Office
  316  of Tourism, Trade, and Economic Development, which demonstrate
  317  that the new or retained professional sports franchise will
  318  attract a paid attendance of more than 300,000 annually.
  319         (e) The applicant has an independent analysis or study,
  320  verified by the Office of Tourism, Trade, and Economic
  321  Development, which demonstrates that the amount of the revenues
  322  generated by the taxes imposed under chapter 212 with respect to
  323  the use and operation of the professional sports franchise
  324  facility will equal or exceed $2 million annually.
  325         (f) The municipality in which the facility for a new or
  326  retained professional sports franchise is located, or the county
  327  if the facility for a new or retained professional sports
  328  franchise is located in an unincorporated area, has certified by
  329  resolution after a public hearing that the application serves a
  330  public purpose.
  331         (g) The applicant has demonstrated that it has provided, is
  332  capable of providing, or has financial or other commitments to
  333  provide more than one-half of the costs incurred or related to
  334  the improvement and development of the facility.
  335         (h) An No applicant previously certified under any
  336  provision of this section who has received funding under such
  337  certification is not shall be eligible for an additional
  338  certification.
  339         (5)(a)As used in this section, the term “retained spring
  340  training franchise” means a spring training franchise that has
  341  been based in this state prior to January 1, 2000.
  342         (b)Prior to certifying an applicant as a “facility for a
  343  retained spring training franchise,” the Office of Tourism,
  344  Trade, and Economic Development must determine that:
  345         1.A “unit of local government” as defined in s. 218.369 is
  346  responsible for the acquisition, construction, management, or
  347  operation of the facility for a retained spring training
  348  franchise or holds title to the property on which the facility
  349  for a retained spring training franchise is located.
  350         2.The applicant has a verified copy of a signed agreement
  351  with a retained spring training franchise for the use of the
  352  facility for a term of at least 15 years.
  353         3.The applicant has a financial commitment to provide 50
  354  percent or more of the funds required by an agreement for the
  355  acquisition, construction, or renovation of the facility for a
  356  retained spring training franchise. The agreement can be
  357  contingent upon the awarding of funds under this section and
  358  other conditions precedent to use by the spring training
  359  franchise.
  360         4.The applicant has projections, verified by the Office of
  361  Tourism, Trade, and Economic Development, which demonstrate that
  362  the facility for a retained spring training franchise will
  363  attract a paid attendance of at least 50,000 annually.
  364         5.The facility for a retained spring training franchise is
  365  located in a county that is levying a tourist development tax
  366  pursuant to s. 125.0104.
  367         (c)1.The Office of Tourism, Trade, and Economic
  368  Development shall competitively evaluate applications for
  369  funding of a facility for a retained spring training franchise.
  370  Applications must be submitted by October 1, 2000, with
  371  certifications to be made by January 1, 2001. If the number of
  372  applicants exceeds five and the aggregate funding request of all
  373  applications exceeds $208,335 per month, the office shall rank
  374  the applications according to a selection criteria, certifying
  375  the highest ranked proposals. The evaluation criteria shall
  376  include, with priority given in descending order to the
  377  following items:
  378         a.The intended use of the funds by the applicant, with
  379  priority given to the construction of a new facility.
  380         b.The length of time that the existing franchise has been
  381  located in the state, with priority given to retaining
  382  franchises that have been in the same location the longest.
  383         c.The length of time that a facility to be used by a
  384  retained spring training franchise has been used by one or more
  385  spring training franchises, with priority given to a facility
  386  that has been in continuous use as a facility for spring
  387  training the longest.
  388         d.For those teams leasing a spring training facility from
  389  a unit of local government, the remaining time on the lease for
  390  facilities used by the spring training franchise, with priority
  391  given to the shortest time period remaining on the lease.
  392         e.The duration of the future-use agreement with the
  393  retained spring training franchise, with priority given to the
  394  future-use agreement having the longest duration.
  395         f.The amount of the local match, with priority given to
  396  the largest percentage of local match proposed.
  397         g.The net increase of total active recreation space owned
  398  by the applying unit of local government following the
  399  acquisition of land for the spring training facility, with
  400  priority given to the largest percentage increase of total
  401  active recreation space.
  402         h.The location of the facility in a brownfield, an
  403  enterprise zone, a community redevelopment area, or other area
  404  of targeted development or revitalization included in an Urban
  405  Infill Redevelopment Plan, with priority given to facilities
  406  located in these areas.
  407         i.The projections on paid attendance attracted by the
  408  facility and the proposed effect on the economy of the local
  409  community, with priority given to the highest projected paid
  410  attendance.
  411         2.Beginning July 1, 2006, the Office of Tourism, Trade,
  412  and Economic Development shall competitively evaluate
  413  applications for funding of facilities for retained spring
  414  training franchises in addition to those certified and funded
  415  under subparagraph 1. An applicant that is a unit of government
  416  that has an agreement for a retained spring training franchise
  417  for 15 or more years which was entered into between July 1,
  418  2003, and July 1, 2004, shall be eligible for funding.
  419  Applications must be submitted by October 1, 2006, with
  420  certifications to be made by January 1, 2007. The office shall
  421  rank the applications according to selection criteria,
  422  certifying no more than five proposals. The aggregate funding
  423  request of all applicants certified shall not exceed an
  424  aggregate funding request of $208,335 per month. The evaluation
  425  criteria shall include the following, with priority given in
  426  descending order:
  427         a.The intended use of the funds by the applicant for
  428  acquisition or construction of a new facility.
  429         b.The intended use of the funds by the applicant to
  430  renovate a facility.
  431         c.The length of time that a facility to be used by a
  432  retained spring training franchise has been used by one or more
  433  spring training franchises, with priority given to a facility
  434  that has been in continuous use as a facility for spring
  435  training the longest.
  436         d.For those teams leasing a spring training facility from
  437  a unit of local government, the remaining time on the lease for
  438  facilities used by the spring training franchise, with priority
  439  given to the shortest time period remaining on the lease. For
  440  consideration under this subparagraph, the remaining time on the
  441  lease shall not exceed 5 years, unless an agreement of 15 years
  442  or more was entered into between July 1, 2003, and July 1, 2004.
  443         e.The duration of the future-use agreement with the
  444  retained spring training franchise, with priority given to the
  445  future-use agreement having the longest duration.
  446         f.The amount of the local match, with priority given to
  447  the largest percentage of local match proposed.
  448         g.The net increase of total active recreation space owned
  449  by the applying unit of local government following the
  450  acquisition of land for the spring training facility, with
  451  priority given to the largest percentage increase of total
  452  active recreation space.
  453         h.The location of the facility in a brownfield area, an
  454  enterprise zone, a community redevelopment area, or another area
  455  of targeted development or revitalization included in an urban
  456  infill redevelopment plan, with priority given to facilities
  457  located in those areas.
  458         i.The projections on paid attendance attracted by the
  459  facility and the proposed effect on the economy of the local
  460  community, with priority given to the highest projected paid
  461  attendance.
  462         (d)Funds may not be expended to subsidize privately owned
  463  and maintained facilities for use by the spring training
  464  franchise. Funds may be used to relocate a retained spring
  465  training franchise to another unit of local government only if
  466  the existing unit of local government with the retained spring
  467  training franchise agrees to the relocation.
  468         (5)(6) An applicant certified as a facility for a new or
  469  retained professional sports franchise or a facility for a
  470  retained professional sports franchise or as a facility for a
  471  retained spring training franchise may use funds provided under
  472  pursuant to s. 212.20 only for the public purpose of paying for
  473  the acquisition, construction, reconstruction, or renovation of
  474  a facility for a new or retained professional sports franchise,
  475  a facility for a retained professional sports franchise, or a
  476  facility for a retained spring training franchise or to pay or
  477  pledge for the payment of debt service on, or to fund debt
  478  service reserve funds, arbitrage rebate obligations, or other
  479  amounts payable with respect to, bonds issued for the
  480  acquisition, construction, reconstruction, or renovation of such
  481  facility or for the reimbursement of such costs or the
  482  refinancing of bonds issued for such purposes.
  483         (6)(7)(a) The Office of Tourism, Trade, and Economic
  484  Development shall notify the Department of Revenue of any
  485  facility certified as a facility for a new or retained
  486  professional sports franchise or a facility for a retained
  487  professional sports franchise or as a facility for a retained
  488  spring training franchise. The Office of Tourism, Trade, and
  489  Economic Development shall certify no more than eight facilities
  490  as facilities for a new professional sports franchise or as
  491  facilities for a retained professional sports franchise,
  492  including in the such total any facilities certified by the
  493  former Department of Commerce before July 1, 1996. The number of
  494  facilities certified as a retained spring training franchise
  495  shall be as provided in subsection (5). The office may make no
  496  more than one certification for any facility. The office may not
  497  certify funding for less than the requested amount to any
  498  applicant certified as a facility for a retained spring training
  499  franchise.
  500         (b) The eighth certification of an applicant under this
  501  section as a facility for a new or retained professional sports
  502  franchise or a facility for a retained professional sports
  503  franchise shall be for a franchise that is a member of the
  504  National Basketball Association, has been located within the
  505  state since 1987, and has not been previously certified. This
  506  paragraph is repealed July 1, 2010.
  507         (7)(8) The Auditor General Department of Revenue may
  508  conduct audits audit as provided in s. 11.45 s. 213.34 to verify
  509  that the distributions under pursuant to this section are have
  510  been expended as required in this section. Such information is
  511  subject to the confidentiality requirements of chapter 213. If
  512  the Auditor General Department of Revenue determines that the
  513  distributions under pursuant to this section are have not been
  514  expended as required by this section, the Auditor General shall
  515  notify the Department of Revenue, which it may pursue recovery
  516  of the such funds under pursuant to the laws and rules governing
  517  the assessment of taxes.
  518         (8)(9) An applicant is not qualified for certification
  519  under this section if the franchise formed the basis for a
  520  previous certification, unless the previous certification was
  521  withdrawn by the facility or invalidated by the Office of
  522  Tourism, Trade, and Economic Development or the former
  523  Department of Commerce before any funds were distributed under
  524  pursuant to s. 212.20. This subsection does not disqualify an
  525  applicant if the previous certification occurred between May 23,
  526  1993, and May 25, 1993; however, any funds to be distributed
  527  under pursuant to s. 212.20 for the second certification shall
  528  be offset by the amount distributed to the previous certified
  529  facility. Distribution of funds for the second certification
  530  shall not be made until all amounts payable for the first
  531  certification are have been distributed.
  532         Section 5. Section 288.11621, Florida Statutes, is created
  533  to read:
  534         288.11621 Spring training baseball facilities.—
  535         (1) DEFINITIONS.—As used in this section, the term:
  536         (a) “Applicant” means a unit of local government as defined
  537  in s. 218.369.
  538         (b) “Certified applicant” means a facility for a spring
  539  training franchise that was certified before July 1, 2010, under
  540  s. 288.1162(5), Florida Statutes 2009, or a unit of local
  541  government that is certified under this section.
  542         (c) “Facility” means a spring training stadium, playing
  543  fields, and appurtenances intended to support spring training
  544  activities.
  545         (d) “Office” means the Office of Tourism, Trade, and
  546  Economic Development.
  547         (2) CERTIFICATION PROCESS.—
  548         (a) Before certifying an applicant to receive state funding
  549  for a facility for a spring training franchise, the office must
  550  verify that:
  551         1. The applicant is responsible for the acquisition,
  552  construction, management, or operation of the facility for a
  553  spring training franchise or holds title to the property on
  554  which the facility for a spring training franchise is located.
  555         2. The applicant has a certified copy of a signed agreement
  556  with a spring training franchise for the use of the facility for
  557  a term of at least 20 years. The agreement also must require the
  558  franchise to reimburse the state for state funds expended by an
  559  applicant under this section if the franchise relocates before
  560  the agreement expires. The agreement may be contingent on an
  561  award of funds under this section and other conditions
  562  precedent.
  563         3. The applicant has made a financial commitment to provide
  564  50 percent or more of the funds required by an agreement for the
  565  acquisition, construction, or renovation of the facility for a
  566  spring training franchise. The commitment may be contingent upon
  567  an award of funds under this section and other conditions
  568  precedent.
  569         4. The applicant demonstrates that the facility for a
  570  spring training franchise will attract a paid attendance of at
  571  least 50,000 annually to the spring training games.
  572         5. The facility for a spring training franchise is located
  573  in a county that levies a tourist development tax under s.
  574  125.0104.
  575         (b) The office shall competitively evaluate applications
  576  for state funding of a facility for a spring training franchise.
  577  The total number of certifications may not exceed 10 at any
  578  time. The evaluation criteria must include, with priority given
  579  in descending order, the following items:
  580         1. The anticipated effect on the economy of the local
  581  community where the spring training facility is to be built,
  582  including projections on paid attendance, local and state tax
  583  collections generated by spring training games, and direct and
  584  indirect job creation resulting from the spring training
  585  activities. Priority shall be given to applicants who can
  586  demonstrate the largest projected economic impact.
  587         2. The amount of the local matching funds committed to a
  588  facility relative to the amount of state funding sought, with
  589  priority given to applicants that commit the largest amount of
  590  local matching funds relative to the amount of state funding
  591  sought.
  592         3. The potential for the facility to serve multiple uses.
  593         4. The intended use of the funds by the applicant, with
  594  priority given to the funds being used to acquire a facility,
  595  construct a new facility, or renovate an existing facility.
  596         5. The length of time that a spring training franchise has
  597  been under an agreement to conduct spring training activities
  598  within an applicant’s geographical jurisdiction, with priority
  599  given to applicants having agreements with the same franchise
  600  for the longest period of time.
  601         6. The length of time that an applicant’s facility has been
  602  used by one or more spring training franchises, with priority
  603  given to applicants whose facilities have been in continuous use
  604  as facilities for spring training the longest.
  605         7. The term remaining on a lease between an applicant and a
  606  spring training franchise for a facility, with priority given to
  607  applicants having the shortest lease terms remaining.
  608         8. The length of time that a spring training franchise
  609  agrees to use an applicant’s facility if an application is
  610  granted under this section, with priority given to applicants
  611  having agreements for the longest future use.
  612         9. The net increase of total active recreation space owned
  613  by the applicant after an acquisition of land for the facility,
  614  with priority given to applicants having the largest percentage
  615  increase of total active recreation space.
  616         10. The location of the facility in a brownfield, an
  617  enterprise zone, a community redevelopment area, or other area
  618  of targeted development or revitalization included in an urban
  619  infill redevelopment plan, with priority given to applicants
  620  having facilities located in these areas.
  621         (c) Applicants that are certified on or after July 1, 2010,
  622  shall enter into an agreement with the office that:
  623         1. Specifies the amount of the state incentive funding to
  624  be distributed.
  625         2. States the criteria that the certified applicant must
  626  meet in order to remain certified.
  627         3. States that the certified applicant is subject to
  628  decertification if the certified applicant fails to comply with
  629  this section or the agreement.
  630         4. States that the office may recover state incentive funds
  631  if the certified applicant is decertified.
  632         5. Specifies information that the certified applicant must
  633  report to the office.
  634         6. Includes any provision deemed prudent by the office.
  635         (3) USE OF FUNDS.—
  636         (a) A certified applicant may use funds provided under s.
  637  212.20(6)(d)7.b. only to:
  638         1. Serve the public purpose of acquiring, constructing,
  639  reconstructing, or renovating a facility for a spring training
  640  franchise.
  641         2. Pay or pledge for the payment of debt service on, or to
  642  fund debt service reserve funds, arbitrage rebate obligations,
  643  or other amounts payable with respect thereto, bonds issued for
  644  the acquisition, construction, reconstruction, or renovation of
  645  such facility, or for the reimbursement of such costs or the
  646  refinancing of bonds issued for such purposes.
  647         3. Assist in the relocation of a spring training franchise
  648  from one unit of local government to another only if the
  649  governing board of the current host local government by a
  650  majority vote agrees to the relocation.
  651         (b) State funds awarded to a certified applicant for a
  652  facility for a spring training franchise may not be used to
  653  subsidize facilities that are privately owned and maintained and
  654  that are used only by a spring training franchise.
  655         (c) The Department of Revenue may not distribute funds to
  656  an applicant certified on or after July 1, 2010, until it
  657  receives notice from the office that the certified applicant has
  658  encumbered funds under subparagraph (a)2.
  659         (d)1. All certified applicants must place unexpended state
  660  funds received pursuant to s. 212.20(6)(d)7.b. in a trust fund
  661  for use only as authorized in this section.
  662         2. A certified applicant may request that the Department of
  663  Revenue suspend further distributions of state funds made
  664  available under s. 212.20(6)(d)7.b. for 12 months after
  665  expiration of an existing agreement with a spring training
  666  baseball franchise to provide the certified applicant with an
  667  opportunity to enter into a new agreement with a spring training
  668  baseball franchise, at which time the distributions shall
  669  resume.
  670         3. The expenditure of state funds distributed to an
  671  applicant certified before July 1, 2010, must begin within 48
  672  months after the initial receipt of the state funds. In
  673  addition, the construction of, or capital improvements to, a
  674  spring training facility must be completed within 24 months
  675  after the project’s commencement.
  676         (4) ANNUAL REPORTS.—On or before September 1 of each year,
  677  a certified applicant shall submit to the office a report that
  678  includes, but is not limited to:
  679         (a) A copy of its most recent annual audit.
  680         (b) A detailed report on all local and state funds expended
  681  to date on the project being financed under this section.
  682         (c) A copy of the contract between the certified local
  683  governmental entity and the spring training team.
  684         (d) A cost-benefit analysis of the team’s impact on the
  685  community.
  686         (e) Evidence that the certified applicant continues to meet
  687  the criteria in paragraph (2)(a).
  688         (5) DECERTIFICATION.—
  689         (a) The office shall decertify a certified applicant upon
  690  the request of the certified applicant.
  691         (b) The office shall decertify a certified applicant if the
  692  certified applicant does not:
  693         1. Have a valid agreement with a spring training franchise;
  694  or
  695         2. Satisfy its commitment to provide local matching funds
  696  to the facility. However, decertification proceedings against a
  697  local government certified prior to July 1, 2010, shall be
  698  delayed until 12 months after the expiration of the local
  699  government’s existing agreement with a spring training baseball
  700  franchise and without a new agreement being signed if the
  701  certified local government can demonstrate to the office that it
  702  is in active negotiations with a major league spring training
  703  franchise, other than the franchise that was the basis for the
  704  original certification.
  705         (c) A certified applicant has 60 days after it receives a
  706  notice of intent to decertify from the office to petition the
  707  office’s executive director for review of the decertification.
  708  Within 45 days after receipt of the request for review, the
  709  executive director must notify a certified applicant of the
  710  outcome of the review.
  711         (d) The office shall notify the Department of Revenue that
  712  a certified applicant is decertified within 10 days after the
  713  order of decertification becomes final. The Department of
  714  Revenue shall immediately stop the payment of any funds under
  715  this section that were not encumbered by the certified applicant
  716  under subparagraph (3)(a)2.
  717         (e) The office shall order a decertified applicant to repay
  718  all of the unencumbered state funds that the local government
  719  received under this section and any interest that accrued on
  720  those funds. The repayment must be made within 60 days after the
  721  decertification order becomes final. These funds shall be
  722  deposited into the General Revenue Fund.
  723         (6) ADDITIONAL CERTIFICATIONS. If the office decertifies a
  724  unit of local government, the office may accept applications for
  725  an additional certification. A unit of local government may not
  726  be certified for more than one spring training franchise at a
  727  time.
  728         (7) STRATEGIC PLANNING.—
  729         (a) The office shall request assistance from the Florida
  730  Sports Foundation and the Florida Grapefruit League Association
  731  to develop a comprehensive strategic plan to:
  732         1. Finance spring training facilities.
  733         2. Monitor and oversee the use of state funds awarded to
  734  applicants.
  735         3. Identify the financial impact that spring training has
  736  on the state and ways in which to maintain or improve that
  737  impact.
  738         4. Identify opportunities to develop public-private
  739  partnerships to engage in marketing activities and advertise
  740  spring training baseball.
  741         5. Identify efforts made by other states to maintain or
  742  develop partnerships with baseball spring training teams.
  743         6. Develop recommendations for the Legislature to sustain
  744  or improve this state’s spring training tradition.
  745         (b) The office shall submit a copy of the strategic plan to
  746  the Governor, the President of the Senate, and the Speaker of
  747  the House of Representatives by December 31, 2010.
  748         (8) RULEMAKING.—The office shall adopt rules to implement
  749  the certification, decertification, and decertification review
  750  processes required by this section.
  751         (9) AUDITS.—The Auditor General may conduct audits as
  752  provided in s. 11.45 to verify that the distributions under this
  753  section are expended as required in this section. If the Auditor
  754  General determines that the distributions under this section are
  755  not expended as required by this section, the Auditor General
  756  shall notify the Department of Revenue, which may pursue
  757  recovery of the funds under the laws and rules governing the
  758  assessment of taxes.
  759         Section 6. Subsection (1) of section 288.1229, Florida
  760  Statutes, is amended to read:
  761         288.1229 Promotion and development of sports-related
  762  industries and amateur athletics; direct-support organization;
  763  powers and duties.—
  764         (1) The Office of Tourism, Trade, and Economic Development
  765  may authorize a direct-support organization to assist the office
  766  in:
  767         (a) The promotion and development of the sports industry
  768  and related industries for the purpose of improving the economic
  769  presence of these industries in Florida.
  770         (b) The promotion of amateur athletic participation for the
  771  citizens of Florida and the promotion of Florida as a host for
  772  national and international amateur athletic competitions for the
  773  purpose of encouraging and increasing the direct and ancillary
  774  economic benefits of amateur athletic events and competitions.
  775         (c) The retention of professional sports franchises,
  776  including the spring training operations of Major League
  777  Baseball.
  778         Section 7. This act shall take effect July 1, 2010.

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