Florida Senate - 2009                                    SB 1308
       
       
       
       By the Committee on Commerce
       
       
       
       
       577-01969-09                                          20091308__
    1                        A bill to be entitled                      
    2         An act relating to baseball spring training
    3         facilities; amending ss. 14.2015 and 212.20, F.S.,
    4         relating to the Office of Tourism, Trade, and Economic
    5         Development and the distribution of certain tax
    6         proceeds; conforming cross-references; amending s.
    7         218.64, F.S.; revising a defined term to conform;
    8         amending s. 288.1162, F.S.; deleting provisions
    9         relating to funding facilities for spring training
   10         franchises; authorizing the Auditor General to verify
   11         whether certain funds for professional sports
   12         franchises have been used as required by law;
   13         requiring the Auditor General to notify the Department
   14         of Revenue if the funds were not used as required by
   15         law; creating s. 288.11621, F.S.; authorizing certain
   16         units of local government to apply for certification
   17         to receive funds for a facility for a spring training
   18         franchise; providing definitions; providing
   19         eligibility requirements; providing criteria to
   20         competitively evaluate applications for certification;
   21         limiting the use of funds granted to specified public
   22         purposes; requiring certified applicants to submit
   23         annual reports to the Office of Tourism, Trade, and
   24         Economic Development; requiring the Office of Tourism,
   25         Trade, and Economic Development to decertify certified
   26         applicants under certain circumstances; requiring the
   27         office to develop a strategic plan relating to
   28         baseball spring training activities; authorizing the
   29         Office of Tourism, Trade, and Economic Development to
   30         adopt rules; authorizing the Auditor General to
   31         conduct an audit of certified applicants to verify
   32         whether certified applicants have used certain funds
   33         for baseball spring training facilities as required by
   34         law; amending s. 288.1229, F.S.; providing that the
   35         Office of Tourism, Trade, and Economic Development may
   36         authorize a direct-support organization to assist in
   37         the retention of professional sports franchises;
   38         providing an effective date.
   39         
   40  Be It Enacted by the Legislature of the State of Florida:
   41         
   42         Section 1. Paragraph (f) of subsection (2) of section
   43  14.2015, Florida Statutes, is amended to read:
   44         14.2015 Office of Tourism, Trade, and Economic Development;
   45  creation; powers and duties.—
   46         (2) The purpose of the Office of Tourism, Trade, and
   47  Economic Development is to assist the Governor in working with
   48  the Legislature, state agencies, business leaders, and economic
   49  development professionals to formulate and implement coherent
   50  and consistent policies and strategies designed to provide
   51  economic opportunities for all Floridians. To accomplish such
   52  purposes, the Office of Tourism, Trade, and Economic Development
   53  shall:
   54         (f)1. Administer the Florida Enterprise Zone Act under ss.
   55  290.001-290.016, the community contribution tax credit program
   56  under ss. 220.183 and 624.5105, the tax refund program for
   57  qualified target industry businesses under s. 288.106, the tax
   58  refund program for qualified defense contractors and space
   59  flight business contractors under s. 288.1045, contracts for
   60  transportation projects under s. 288.063, the sports franchise
   61  facility programs program under ss. 288.1162 and 288.11621 s.
   62  288.1162, the professional golf hall of fame facility program
   63  under s. 288.1168, the expedited permitting process under s.
   64  403.973, the Rural Community Development Revolving Loan Fund
   65  under s. 288.065, the Regional Rural Development Grants Program
   66  under s. 288.018, the Certified Capital Company Act under s.
   67  288.99, the Florida State Rural Development Council, the Rural
   68  Economic Development Initiative, and other programs that are
   69  specifically assigned to the office by law, by the
   70  appropriations process, or by the Governor. Notwithstanding any
   71  other provisions of law, the office may expend interest earned
   72  from the investment of program funds deposited in the Grants and
   73  Donations Trust Fund to contract for the administration of the
   74  programs, or portions of the programs, enumerated in this
   75  paragraph or assigned to the office by law, by the
   76  appropriations process, or by the Governor. Such expenditures
   77  shall be subject to review under chapter 216.
   78         2. The office may enter into contracts in connection with
   79  the fulfillment of its duties concerning the Florida First
   80  Business Bond Pool under chapter 159, tax incentives under
   81  chapters 212 and 220, tax incentives under the Certified Capital
   82  Company Act in chapter 288, foreign offices under chapter 288,
   83  the Enterprise Zone program under chapter 290, the Seaport
   84  Employment Training program under chapter 311, the Florida
   85  Professional Sports Team License Plates under chapter 320,
   86  Spaceport Florida under chapter 331, Expedited Permitting under
   87  chapter 403, and in carrying out other functions that are
   88  specifically assigned to the office by law, by the
   89  appropriations process, or by the Governor.
   90         Section 2. Paragraph (d) of subsection (6) of section
   91  212.20, Florida Statutes, is amended to read:
   92         212.20 Funds collected, disposition; additional powers of
   93  department; operational expense; refund of taxes adjudicated
   94  unconstitutionally collected.—
   95         (6) Distribution of all proceeds under this chapter and s.
   96  202.18(1)(b) and (2)(b) shall be as follows:
   97         (d) The proceeds of all other taxes and fees imposed
   98  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   99  and (2)(b) shall be distributed as follows:
  100         1. In any fiscal year, the greater of $500 million, minus
  101  an amount equal to 4.6 percent of the proceeds of the taxes
  102  collected pursuant to chapter 201, or 5 percent of all other
  103  taxes and fees imposed pursuant to this chapter or remitted
  104  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  105  monthly installments into the General Revenue Fund.
  106         2. Two-tenths of one percent shall be transferred to the
  107  Ecosystem Management and Restoration Trust Fund to be used for
  108  water quality improvement and water restoration projects.
  109         3. After the distribution under subparagraphs 1. and 2.,
  110  8.814 percent of the amount remitted by a sales tax dealer
  111  located within a participating county pursuant to s. 218.61
  112  shall be transferred into the Local Government Half-cent Sales
  113  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
  114  be transferred pursuant to this subparagraph to the Local
  115  Government Half-cent Sales Tax Clearing Trust Fund shall be
  116  reduced by 0.1 percent, and the department shall distribute this
  117  amount to the Public Employees Relations Commission Trust Fund
  118  less $5,000 each month, which shall be added to the amount
  119  calculated in subparagraph 4. and distributed accordingly.
  120         4. After the distribution under subparagraphs 1., 2., and
  121  3., 0.095 percent shall be transferred to the Local Government
  122  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
  123  to s. 218.65.
  124         5. After the distributions under subparagraphs 1., 2., 3.,
  125  and 4., 2.0440 percent of the available proceeds pursuant to
  126  this paragraph shall be transferred monthly to the Revenue
  127  Sharing Trust Fund for Counties pursuant to s. 218.215.
  128         6. After the distributions under subparagraphs 1., 2., 3.,
  129  and 4., 1.3409 percent of the available proceeds pursuant to
  130  this paragraph shall be transferred monthly to the Revenue
  131  Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
  132  the total revenue to be distributed pursuant to this
  133  subparagraph is at least as great as the amount due from the
  134  Revenue Sharing Trust Fund for Municipalities and the former
  135  Municipal Financial Assistance Trust Fund in state fiscal year
  136  1999-2000, no municipality shall receive less than the amount
  137  due from the Revenue Sharing Trust Fund for Municipalities and
  138  the former Municipal Financial Assistance Trust Fund in state
  139  fiscal year 1999-2000. If the total proceeds to be distributed
  140  are less than the amount received in combination from the
  141  Revenue Sharing Trust Fund for Municipalities and the former
  142  Municipal Financial Assistance Trust Fund in state fiscal year
  143  1999-2000, each municipality shall receive an amount
  144  proportionate to the amount it was due in state fiscal year
  145  1999-2000.
  146         7. Of the remaining proceeds:
  147         a. In each fiscal year, the sum of $29,915,500 shall be
  148  divided into as many equal parts as there are counties in the
  149  state, and one part shall be distributed to each county. The
  150  distribution among the several counties shall begin each fiscal
  151  year on or before January 5th and shall continue monthly for a
  152  total of 4 months. If a local or special law required that any
  153  moneys accruing to a county in fiscal year 1999-2000 under the
  154  then-existing provisions of s. 550.135 be paid directly to the
  155  district school board, special district, or a municipal
  156  government, such payment shall continue until such time that the
  157  local or special law is amended or repealed. The state covenants
  158  with holders of bonds or other instruments of indebtedness
  159  issued by local governments, special districts, or district
  160  school boards prior to July 1, 2000, that it is not the intent
  161  of this subparagraph to adversely affect the rights of those
  162  holders or relieve local governments, special districts, or
  163  district school boards of the duty to meet their obligations as
  164  a result of previous pledges or assignments or trusts entered
  165  into which obligated funds received from the distribution to
  166  county governments under then-existing s. 550.135. This
  167  distribution specifically is in lieu of funds distributed under
  168  s. 550.135 prior to July 1, 2000.
  169         b. The department shall distribute $166,667 monthly
  170  pursuant to s. 288.1162 to each applicant that has been
  171  certified as a “facility for a new professional sports
  172  franchise” or a “facility for a retained professional sports
  173  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
  174  distributed monthly by the department to each certified
  175  applicant, as defined in s. 288.11621, which that has been
  176  certified to receive funds for as a “facility for a retained
  177  spring training franchise.pursuant to s. 288.1162; However,
  178  not more than $416,670 may be distributed monthly in the
  179  aggregate to all applicants that are certified to receive funds
  180  for facilities for a retained spring training franchises
  181  franchise. Distributions shall begin 60 days following such
  182  certification and shall continue for not more than 30 years,
  183  except as provided otherwise by law. A certified applicant
  184  identified in this sub-subparagraph may not Nothing contained in
  185  this paragraph shall be construed to allow an applicant
  186  certified pursuant to s. 288.1162 to receive more in
  187  distributions than actually expended by the applicant for the
  188  public purposes provided for in s. 288.1162(5) or s.
  189  288.11621(3) s. 288.1162(6).
  190         c. Beginning 30 days after notice by the Office of Tourism,
  191  Trade, and Economic Development to the Department of Revenue
  192  that an applicant has been certified as the professional golf
  193  hall of fame pursuant to s. 288.1168 and is open to the public,
  194  $166,667 shall be distributed monthly, for up to 300 months, to
  195  the applicant.
  196         d. Beginning 30 days after notice by the Office of Tourism,
  197  Trade, and Economic Development to the Department of Revenue
  198  that the applicant has been certified as the International Game
  199  Fish Association World Center facility pursuant to s. 288.1169,
  200  and the facility is open to the public, $83,333 shall be
  201  distributed monthly, for up to 168 months, to the applicant.
  202  This distribution is subject to reduction pursuant to s.
  203  288.1169. A lump sum payment of $999,996 shall be made, after
  204  certification and before July 1, 2000.
  205         8. All other proceeds shall remain with the General Revenue
  206  Fund.
  207         Section 3. Section 218.64, Florida Statutes, is amended to
  208  read:
  209         218.64 Local government half-cent sales tax; uses;
  210  limitations.—
  211         (1) The proportion of the local government half-cent sales
  212  tax received by a county government based on two-thirds of the
  213  incorporated area population shall be deemed countywide revenues
  214  and shall be expended only for countywide tax relief or
  215  countywide programs. The remaining county government portion
  216  shall be deemed county revenues derived on behalf of the
  217  unincorporated area but may be expended on a countywide basis.
  218         (2) Municipalities shall expend their portions of the local
  219  government half-cent sales tax only for municipality-wide
  220  programs or for municipality-wide property tax or municipal
  221  utility tax relief. All utility tax rate reductions afforded by
  222  participation in the local government half-cent sales tax shall
  223  be applied uniformly across all types of taxed utility services.
  224         (3) Subject to ordinances enacted by the majority of the
  225  members of the county governing authority and by the majority of
  226  the members of the governing authorities of municipalities
  227  representing at least 50 percent of the municipal population of
  228  such county, counties may use up to $2 million annually of the
  229  local government half-cent sales tax allocated to that county
  230  for funding for any of the following applicants:
  231         (a) A certified applicant as a “facility for a new
  232  professional sports franchise,or a “facility for a retained
  233  professional sports franchise,” or a “facility for a retained
  234  spring training franchise,” as provided for in s. 288.1162, or a
  235  “certified applicant,” as defined s. 288.11621, to receive funds
  236  for a facility for a spring training franchise. It is the
  237  Legislature's intent that the provisions of s. 288.1162,
  238  including, but not limited to, the evaluation process by the
  239  Office of Tourism, Trade, and Economic Development except for
  240  the limitation on the number of certified applicants or
  241  facilities as provided in that section and the restrictions set
  242  forth in s. 288.1162(9), shall apply to an applicant's facility
  243  to be funded by local government as provided in this subsection.
  244         (b) A certified applicant as a “motorsport entertainment
  245  complex,” as provided for in s. 288.1171. Funding for each
  246  franchise or motorsport complex shall begin 60 days after
  247  certification and shall continue for not more than 30 years.
  248         (4) A local government is authorized to pledge proceeds of
  249  the local government half-cent sales tax for the payment of
  250  principal and interest on any capital project.
  251         Section 4. Section 288.1162, Florida Statutes, is amended
  252  to read:
  253         288.1162 Professional sports franchises; spring training
  254  franchises; duties.—
  255         (1) The Office of Tourism, Trade, and Economic Development
  256  shall serve as the state agency for screening applicants for
  257  state funding pursuant to s. 212.20 and for certifying an
  258  applicant as a “facility for a new professional sports
  259  franchise,or a “facility for a retained professional sports
  260  franchise,” or a “facility for a retained spring training
  261  franchise.”
  262         (2) The Office of Tourism, Trade, and Economic Development
  263  shall develop rules for the receipt and processing of
  264  applications for funding pursuant to s. 212.20.
  265         (3) As used in this section, the term:
  266         (a) “New professional sports franchise” means a
  267  professional sports franchise that is not based in this state
  268  prior to April 1, 1987.
  269         (b) “Retained professional sports franchise” means a
  270  professional sports franchise that has had a league-authorized
  271  location in this state on or before December 31, 1976, and has
  272  continuously remained at that location, and has never been
  273  located at a facility that has been previously certified under
  274  any provision of this section.
  275         (4) Prior to certifying an applicant as a “facility for a
  276  new professional sports franchise” or a “facility for a retained
  277  professional sports franchise,” the Office of Tourism, Trade,
  278  and Economic Development must determine that:
  279         (a) A “unit of local government” as defined in s. 218.369
  280  is responsible for the construction, management, or operation of
  281  the professional sports franchise facility or holds title to the
  282  property on which the professional sports franchise facility is
  283  located.
  284         (b) The applicant has a verified copy of a signed agreement
  285  with a new professional sports franchise for the use of the
  286  facility for a term of at least 10 years, or in the case of a
  287  retained professional sports franchise, an agreement for use of
  288  the facility for a term of at least 20 years.
  289         (c) The applicant has a verified copy of the approval from
  290  the governing authority of the league in which the new
  291  professional sports franchise exists authorizing the location of
  292  the professional sports franchise in this state after April 1,
  293  1987, or in the case of a retained professional sports
  294  franchise, verified evidence that it has had a league-authorized
  295  location in this state on or before December 31, 1976. The term
  296  “league” means the National League or the American League of
  297  Major League Baseball, the National Basketball Association, the
  298  National Football League, or the National Hockey League.
  299         (d) The applicant has projections, verified by the Office
  300  of Tourism, Trade, and Economic Development, which demonstrate
  301  that the new or retained professional sports franchise will
  302  attract a paid attendance of more than 300,000 annually.
  303         (e) The applicant has an independent analysis or study,
  304  verified by the Office of Tourism, Trade, and Economic
  305  Development, which demonstrates that the amount of the revenues
  306  generated by the taxes imposed under chapter 212 with respect to
  307  the use and operation of the professional sports franchise
  308  facility will equal or exceed $2 million annually.
  309         (f) The municipality in which the facility for a new or
  310  retained professional sports franchise is located, or the county
  311  if the facility for a new or retained professional sports
  312  franchise is located in an unincorporated area, has certified by
  313  resolution after a public hearing that the application serves a
  314  public purpose.
  315         (g) The applicant has demonstrated that it has provided, is
  316  capable of providing, or has financial or other commitments to
  317  provide more than one-half of the costs incurred or related to
  318  the improvement and development of the facility.
  319         (h) No applicant previously certified under any provision
  320  of this section who has received funding under such
  321  certification shall be eligible for an additional certification.
  322         (5)(a)As used in this section, the term “retained spring
  323  training franchise” means a spring training franchise that has
  324  been based in this state prior to January 1, 2000.
  325         (b)Prior to certifying an applicant as a “facility for a
  326  retained spring training franchise,” the Office of Tourism,
  327  Trade, and Economic Development must determine that:
  328         1.A “unit of local government” as defined in s. 218.369 is
  329  responsible for the acquisition, construction, management, or
  330  operation of the facility for a retained spring training
  331  franchise or holds title to the property on which the facility
  332  for a retained spring training franchise is located.
  333         2.The applicant has a verified copy of a signed agreement
  334  with a retained spring training franchise for the use of the
  335  facility for a term of at least 15 years.
  336         3.The applicant has a financial commitment to provide 50
  337  percent or more of the funds required by an agreement for the
  338  acquisition, construction, or renovation of the facility for a
  339  retained spring training franchise. The agreement can be
  340  contingent upon the awarding of funds under this section and
  341  other conditions precedent to use by the spring training
  342  franchise.
  343         4.The applicant has projections, verified by the Office of
  344  Tourism, Trade, and Economic Development, which demonstrate that
  345  the facility for a retained spring training franchise will
  346  attract a paid attendance of at least 50,000 annually.
  347         5.The facility for a retained spring training franchise is
  348  located in a county that is levying a tourist development tax
  349  pursuant to s. 125.0104.
  350         (c)1.The Office of Tourism, Trade, and Economic
  351  Development shall competitively evaluate applications for
  352  funding of a facility for a retained spring training franchise.
  353  Applications must be submitted by October 1, 2000, with
  354  certifications to be made by January 1, 2001. If the number of
  355  applicants exceeds five and the aggregate funding request of all
  356  applications exceeds $208,335 per month, the office shall rank
  357  the applications according to a selection criteria, certifying
  358  the highest ranked proposals. The evaluation criteria shall
  359  include, with priority given in descending order to the
  360  following items:
  361         a.The intended use of the funds by the applicant, with
  362  priority given to the construction of a new facility.
  363         b.The length of time that the existing franchise has been
  364  located in the state, with priority given to retaining
  365  franchises that have been in the same location the longest.
  366         c.The length of time that a facility to be used by a
  367  retained spring training franchise has been used by one or more
  368  spring training franchises, with priority given to a facility
  369  that has been in continuous use as a facility for spring
  370  training the longest.
  371         d.For those teams leasing a spring training facility from
  372  a unit of local government, the remaining time on the lease for
  373  facilities used by the spring training franchise, with priority
  374  given to the shortest time period remaining on the lease.
  375         e.The duration of the future-use agreement with the
  376  retained spring training franchise, with priority given to the
  377  future-use agreement having the longest duration.
  378         f.The amount of the local match, with priority given to
  379  the largest percentage of local match proposed.
  380         g.The net increase of total active recreation space owned
  381  by the applying unit of local government following the
  382  acquisition of land for the spring training facility, with
  383  priority given to the largest percentage increase of total
  384  active recreation space.
  385         h.The location of the facility in a brownfield, an
  386  enterprise zone, a community redevelopment area, or other area
  387  of targeted development or revitalization included in an Urban
  388  Infill Redevelopment Plan, with priority given to facilities
  389  located in these areas.
  390         i.The projections on paid attendance attracted by the
  391  facility and the proposed effect on the economy of the local
  392  community, with priority given to the highest projected paid
  393  attendance.
  394         2.Beginning July 1, 2006, the Office of Tourism, Trade,
  395  and Economic Development shall competitively evaluate
  396  applications for funding of facilities for retained spring
  397  training franchises in addition to those certified and funded
  398  under subparagraph 1. An applicant that is a unit of government
  399  that has an agreement for a retained spring training franchise
  400  for 15 or more years which was entered into between July 1,
  401  2003, and July 1, 2004, shall be eligible for funding.
  402  Applications must be submitted by October 1, 2006, with
  403  certifications to be made by January 1, 2007. The office shall
  404  rank the applications according to selection criteria,
  405  certifying no more than five proposals. The aggregate funding
  406  request of all applicants certified shall not exceed an
  407  aggregate funding request of $208,335 per month. The evaluation
  408  criteria shall include the following, with priority given in
  409  descending order:
  410         a.The intended use of the funds by the applicant for
  411  acquisition or construction of a new facility.
  412         b.The intended use of the funds by the applicant to
  413  renovate a facility.
  414         c.The length of time that a facility to be used by a
  415  retained spring training franchise has been used by one or more
  416  spring training franchises, with priority given to a facility
  417  that has been in continuous use as a facility for spring
  418  training the longest.
  419         d.For those teams leasing a spring training facility from
  420  a unit of local government, the remaining time on the lease for
  421  facilities used by the spring training franchise, with priority
  422  given to the shortest time period remaining on the lease. For
  423  consideration under this subparagraph, the remaining time on the
  424  lease shall not exceed 5 years, unless an agreement of 15 years
  425  or more was entered into between July 1, 2003, and July 1, 2004.
  426         e.The duration of the future-use agreement with the
  427  retained spring training franchise, with priority given to the
  428  future-use agreement having the longest duration.
  429         f.The amount of the local match, with priority given to
  430  the largest percentage of local match proposed.
  431         g.The net increase of total active recreation space owned
  432  by the applying unit of local government following the
  433  acquisition of land for the spring training facility, with
  434  priority given to the largest percentage increase of total
  435  active recreation space.
  436         h.The location of the facility in a brownfield area, an
  437  enterprise zone, a community redevelopment area, or another area
  438  of targeted development or revitalization included in an urban
  439  infill redevelopment plan, with priority given to facilities
  440  located in those areas.
  441         i.The projections on paid attendance attracted by the
  442  facility and the proposed effect on the economy of the local
  443  community, with priority given to the highest projected paid
  444  attendance.
  445         (d)Funds may not be expended to subsidize privately owned
  446  and maintained facilities for use by the spring training
  447  franchise. Funds may be used to relocate a retained spring
  448  training franchise to another unit of local government only if
  449  the existing unit of local government with the retained spring
  450  training franchise agrees to the relocation.
  451         (5)(6) An applicant certified as a facility for a new or
  452  retained professional sports franchise or a facility for a
  453  retained professional sports franchise or as a facility for a
  454  retained spring training franchise may use funds provided
  455  pursuant to s. 212.20 only for the public purpose of paying for
  456  the acquisition, construction, reconstruction, or renovation of
  457  a facility for a new or retained professional sports franchise,
  458  a facility for a retained professional sports franchise, or a
  459  facility for a retained spring training franchise or to pay or
  460  pledge for the payment of debt service on, or to fund debt
  461  service reserve funds, arbitrage rebate obligations, or other
  462  amounts payable with respect to, bonds issued for the
  463  acquisition, construction, reconstruction, or renovation of such
  464  facility or for the reimbursement of such costs or the
  465  refinancing of bonds issued for such purposes.
  466         (6)(7)(a) The Office of Tourism, Trade, and Economic
  467  Development shall notify the Department of Revenue of any
  468  facility certified as a facility for a new or retained
  469  professional sports franchise or a facility for a retained
  470  professional sports franchise or as a facility for a retained
  471  spring training franchise. The Office of Tourism, Trade, and
  472  Economic Development shall certify no more than eight facilities
  473  as facilities for a new professional sports franchise or as
  474  facilities for a retained professional sports franchise,
  475  including in such total any facilities certified by the
  476  Department of Commerce before July 1, 1996. The number of
  477  facilities certified as a retained spring training franchise
  478  shall be as provided in subsection (5). The office may make no
  479  more than one certification for any facility. The office may not
  480  certify funding for less than the requested amount to any
  481  applicant certified as a facility for a retained spring training
  482  franchise.
  483         (b) The eighth certification of an applicant under this
  484  section as a facility for a new or retained professional sports
  485  franchise or a facility for a retained professional sports
  486  franchise shall be for a franchise that is a member of the
  487  National Basketball Association, has been located within the
  488  state since 1987, and has not been previously certified. This
  489  paragraph is repealed July 1, 2010.
  490         (7)(8) The Auditor General Department of Revenue may
  491  conduct an audit as provided in s. 11.42 s. 213.34 to verify
  492  that the distributions pursuant to this section have been
  493  expended as required in this section. Such information is
  494  subject to the confidentiality requirements of chapter 213. If
  495  the Auditor General Department of Revenue determines that the
  496  distributions pursuant to this section have not been expended as
  497  required by this section, the Auditor General shall contact the
  498  Department of Revenue, which it may pursue recovery of such
  499  funds pursuant to the laws and rules governing the assessment of
  500  taxes.
  501         (8)(9) An applicant is not qualified for certification
  502  under this section if the franchise formed the basis for a
  503  previous certification, unless the previous certification was
  504  withdrawn by the facility or invalidated by the Office of
  505  Tourism, Trade, and Economic Development or the Department of
  506  Commerce before any funds were distributed pursuant to s.
  507  212.20. This subsection does not disqualify an applicant if the
  508  previous certification occurred between May 23, 1993, and May
  509  25, 1993; however, any funds to be distributed pursuant to s.
  510  212.20 for the second certification shall be offset by the
  511  amount distributed to the previous certified facility.
  512  Distribution of funds for the second certification shall not be
  513  made until all amounts payable for the first certification have
  514  been distributed.
  515         Section 5. Section 288.11621, Florida Statutes, is created
  516  to read:
  517         288.11621Spring training baseball facilities.—
  518         (1)DEFINITIONS.—As used in this section, the term:
  519         (a)“Applicant” means a unit of local government as defined
  520  in s. 218.369.
  521         (b)“Certified applicant” means an applicant that has been
  522  certified pursuant to this section or certified as a facility
  523  for a spring training franchise pursuant to s. 288.1162(5)
  524  before July 1, 2009.
  525         (c)“Facility” means a spring training stadium, playing
  526  fields, and appurtenances intended to support spring training
  527  activities.
  528         (d)“Office” means the Office of Tourism, Trade, and
  529  Economic Development.
  530         (2)CERTIFICATION PROCESS.—
  531         (a)Prior to certifying an applicant to receive state
  532  funding for a facility for a spring training franchise, the
  533  office must verify that:
  534         1.The applicant is responsible for the acquisition,
  535  construction, management, or operation of the facility for a
  536  spring training franchise or holds title to the property on
  537  which the facility for a spring training franchise is located.
  538         2.The applicant has a certified copy of a signed agreement
  539  with a spring training franchise for the use of the facility for
  540  a term of at least 20 years. The agreement also must require the
  541  franchise to reimburse the state for state funds expended by an
  542  applicant pursuant to this section if the franchise relocates
  543  before the agreement expires. The agreement may be contingent on
  544  an award of funds under this section and other conditions
  545  precedent.
  546         3.The applicant has made a financial commitment to provide
  547  50 percent or more of the funds required by an agreement for the
  548  acquisition, construction, or renovation of the facility for a
  549  spring training franchise. The commitment may be contingent upon
  550  an award of funds under this section and other conditions
  551  precedent.
  552         4.The applicant demonstrates that the facility for a
  553  spring training franchise will attract a paid attendance of at
  554  least 50,000 annually to the spring training games.
  555         5.The facility for a spring training franchise is located
  556  in a county that levies a tourist development tax under to s.
  557  125.0104.
  558         (b)The office shall competitively evaluate applications
  559  for state funding of a facility for a spring training franchise.
  560  The total number of certifications may not exceed 10 at any
  561  time. The evaluation criteria must include, with priority given
  562  in descending order, the following items:
  563         1.The intended use of the funds by the applicant for
  564  acquisition of a facility, construction of a new facility, or
  565  renovation of an existing facility.
  566         2.The potential for the facility to serve multiple uses.
  567         3.The length of time that a spring training franchise has
  568  been under an agreement to conduct spring training activities
  569  within an applicant's geographical jurisdiction, with priority
  570  given to applicants having agreements with the same franchise
  571  for the longest period of time.
  572         4.The length of time that an applicant's facility has been
  573  used by one or more spring training franchises, with priority
  574  given to applicants whose facilities have been in continuous use
  575  as facilities for spring training the longest.
  576         5.The term remaining on a lease between an applicant and a
  577  spring training franchise for a facility, with priority given to
  578  applicants having the shortest lease terms remaining.
  579         6.The length of time that a spring training franchise
  580  agrees to use an applicant's facility if an application is
  581  granted under this section, with priority given to applicants
  582  having agreements for the longest future use.
  583         7.The amount of the local matching funds committed to a
  584  facility relative to the amount of state funding sought, with
  585  priority given to applicants that commit the largest amount of
  586  local matching funds relative to the amount of state funding
  587  sought.
  588         8.The net increase of total active recreation space owned
  589  by the applicant following an acquisition of land for the
  590  facility, with priority given to applicants having the largest
  591  percentage increase of total active recreation space.
  592         9.The location of the facility in a brownfield, an
  593  enterprise zone, a community redevelopment area, or other area
  594  of targeted development or revitalization included in an urban
  595  infill redevelopment plan, with priority given to applicants
  596  having facilities located in these areas.
  597         10.The projections on paid attendance attracted by the
  598  facility and the proposed effect on the economy of the local
  599  community, with priority given to applicants projecting the
  600  highest paid attendance.
  601         (c)Applicants that are certified on or after July 1, 2009,
  602  shall enter into an agreement with the office that:
  603         1.Specifies amount of the state incentive funding to be
  604  distributed;
  605         2.States the criteria that the certified applicant must
  606  meet in order to remain certified;
  607         3.States that the certified applicant is subject to
  608  decertification if the certified applicant fails to comply with
  609  this section or the agreement;
  610         4.States that the office may recover state incentive funds
  611  if the certified applicant is decertified;
  612         5.Specifies information that the certified applicant must
  613  report to the office; and
  614         6.Includes any provision deemed prudent by the office.
  615         (3)USE OF FUNDS.—
  616         (a)A certified applicant may use funds provided pursuant
  617  to s. 212.20(6)(d)7.b. only to:
  618         1.Serve the public purpose of acquiring, constructing,
  619  reconstructing, or renovating a facility for a spring training
  620  franchise.
  621         2.Pay or pledge for the payment of debt service on, or to
  622  fund debt service reserve funds, arbitrage rebate obligations,
  623  or other amounts payable with respect thereto, bonds issued for
  624  the acquisition, construction, reconstruction, or renovation of
  625  such facility, or for the reimbursement of such costs or the
  626  refinancing of bonds issued for such purposes.
  627         3.Assist in the relocation of a spring training franchise
  628  from one unit of local government to another only if the
  629  governing board of the current host local government by a
  630  majority vote agrees to the relocation.
  631         (b)State funds awarded to a certified applicant for a
  632  facility for a spring training franchise may not be used to
  633  subsidize facilities that are privately owned and maintained and
  634  that are used only by a spring training franchise.
  635         (c)The Department of Revenue may not distribute funds to
  636  an applicant certified on or after July 1, 2009, until it
  637  receives notice from the office that the certified applicant has
  638  encumbered funds pursuant to subparagraph (a)2.
  639         (d)All certified applicants must place unexpended funds
  640  received pursuant to s. 212.20(6)(d)7.b. in a trust fund for use
  641  only as authorized in this section.
  642         (4)ANNUAL REPORTS.—On or before every September 1, a
  643  certified applicant shall submit to the office a report that
  644  includes, but is not limited to:
  645         (a)A copy of its most recent annual audit;
  646         (b)A detailed report on all local and state funds expended
  647  to date on the project being financed pursuant to this section;
  648         (c)A copy of the contract between the certified local
  649  governmental entity and the spring training team;
  650         (d)A cost-benefit analysis of the team’s impact on the
  651  community; and
  652         (e)Evidence that the certified applicant continues to meet
  653  the criteria in paragraph (2)(a).
  654         (5)DECERTIFICATION.—
  655         (a)The office shall decertify a certified applicant upon
  656  the request of the certified applicant.
  657         (b)The office shall decertify a certified applicant if the
  658  certified applicant does not:
  659         1.Have a valid agreement with a spring training franchise;
  660  or
  661         2.Satisfy its commitment to provide local matching funds
  662  to the facility.
  663         (c)A certified applicant has 60 days to petition the
  664  office's executive director for a hearing after it receives a
  665  notice of intent to decertify from the office.
  666         (d)The office shall notify the Department of Revenue that
  667  a certified applicant has been decertified within 10 days after
  668  the order of decertification becomes final. The Department of
  669  Revenue shall immediately stop the payment of any funds under
  670  this section if the funds have not been encumbered by the
  671  certified applicant pursuant to subparagraph (3)(a)2.
  672         (e)The office shall order a decertified applicant to repay
  673  all of the unencumbered state funds that the local government
  674  received pursuant to this section and any interest that accrued
  675  on those funds. The repayment must be made within 60 days after
  676  the decertification order becomes final. These funds shall be
  677  deposited into the General Revenue Fund.
  678         (6)ADDITIONAL CERTIFICATIONS.—If the office decertifies a
  679  unit of local government, the office may accept applications for
  680  an additional certification. A unit of local government may not
  681  be certified for more than one spring training franchise at a
  682  time.
  683         (7)STRATEGIC PLANNING.—
  684         (a)The office shall request assistance from the Florida
  685  Sports Foundation and the Florida Grapefruit League to develop a
  686  comprehensive strategic plan to:
  687         1.Finance spring training facilities.
  688         2.Monitor and oversee the use of state funds awarded to
  689  applicants.
  690         3.Identify the financial impact that spring training has
  691  on the state and ways in which to maintain or improve that
  692  impact.
  693         4.Identify opportunities to develop public-private
  694  partnerships to engage in marketing activities and advertise
  695  spring training baseball.
  696         5.Identify efforts made by other states to maintain or
  697  develop partnerships with baseball spring training teams.
  698         6.Develop recommendations for the Legislature to sustain
  699  or improve this state's spring training tradition.
  700         (b)A copy of the strategic plan must be submitted to the
  701  Governor, the President of the Senate, and the Speaker of the
  702  House of Representatives by December 31, 2009.
  703         (8)RULEMAKING.—The office may adopt rules to administer
  704  this section.
  705         (9)AUDITS.—The Auditor General may conduct audits as
  706  provided in s. 11.42 to verify that the distributions pursuant
  707  to this section have been expended as required in this section.
  708  If the Auditor General determines that the distributions
  709  pursuant to this section have not been expended as required by
  710  this section, the Auditor General shall contact the Department
  711  of Revenue, which may pursue recovery of such funds pursuant to
  712  the laws and rules governing the assessment of taxes.
  713         Section 6. Subsection (1) of section 288.1229, Florida
  714  Statutes, is amended to read:
  715         288.1229 Promotion and development of sports-related
  716  industries and amateur athletics; direct-support organization;
  717  powers and duties.—
  718         (1) The Office of Tourism, Trade, and Economic Development
  719  may authorize a direct-support organization to assist the office
  720  in:
  721         (a) The promotion and development of the sports industry
  722  and related industries for the purpose of improving the economic
  723  presence of these industries in Florida.
  724         (b) The promotion of amateur athletic participation for the
  725  citizens of Florida and the promotion of Florida as a host for
  726  national and international amateur athletic competitions for the
  727  purpose of encouraging and increasing the direct and ancillary
  728  economic benefits of amateur athletic events and competitions.
  729         (c)The retention of professional sports franchises,
  730  including spring training operations of Major League Baseball.
  731         Section 7. This act shall take effect July 1, 2009.