Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 306
       
       
       
       
       
       
                                Barcode 629334                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2013 05:08 PM       .                                
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       Senator Braynon moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 440 - 499
    4  and insert:
    5         1. An application by a unit of local government or other
    6  entity defined as an applicant by paragraph (2)(a) which is
    7  approved by the Legislature and subsequently certified by the
    8  department remains certified for the duration of the
    9  beneficiary’s agreement with the applicant or the duration of
   10  the applicant’s agreement with the unit of local government that
   11  owns all or a substantial portion of the underlying property, or
   12  for 30 years, whichever is less, provided the certified
   13  applicant has an agreement with a beneficiary at the time of
   14  initial certification by the department.
   15         2. An application by a beneficiary which is approved by the
   16  Legislature and subsequently certified by the department remains
   17  certified for the duration of the beneficiary’s agreement with
   18  the unit of local government that owns all or a substantial
   19  portion of the underlying property, or for 30 years, whichever
   20  is less, provided the certified applicant has an agreement with
   21  the unit of local government at the time of initial
   22  certification by the department.
   23         3. An applicant that has been previously certified pursuant
   24  to this section does not need legislative approval each year to
   25  receive state funding.
   26         (f) An applicant that is recommended by the department but
   27  is not approved by the Legislature may reapply and update any
   28  information in the original application as required by the
   29  department.
   30         (g) The department may recommend no more than one
   31  distribution under this section for any applicant, facility, or
   32  beneficiary at a time.
   33         (5) EVALUATION PROCESS.—
   34         (a) Before recommending an applicant to receive a state
   35  distribution under s. 212.20(6)(d)6.e., the department must
   36  verify that:
   37         1. The applicant or beneficiary is responsible for the
   38  construction, reconstruction, renovation, modernization, or
   39  improvement of a facility.
   40         2. If the applicant is also the beneficiary, a unit of
   41  local government holds title to all or a substantial portion of
   42  the property on which the facility and project are located.
   43         3. The project for which the applicant is seeking state
   44  funding has not commenced construction, or, if construction has
   45  commenced, construction is being funded by the applicant or
   46  beneficiary with no contribution from the state.
   47         4. If the applicant is a unit of local government in whose
   48  jurisdiction the facility will be located, the unit of local
   49  government has an exclusive intent agreement to negotiate in
   50  this state with the beneficiary.
   51         5.a. The county or municipality in whose jurisdiction the
   52  facility will be located supports the application for state
   53  funds. Such support must be verified by the adoption of a
   54  resolution after a public hearing that the project serves a
   55  public purpose.
   56         b. If the county or municipality is required to pass a
   57  resolution by a majority plus one vote by the county’s or
   58  municipality’s governing body and to hold a referendum for
   59  approval pursuant to s. 125.0104(3)(n)2., such resolution and
   60  referendum must affirmatively pass for the applicant to receive
   61  state funding under this section.
   62         6. The applicant or beneficiary has not previously
   63  defaulted or failed to meet any statutory requirements of a
   64  previous state-administered sports-related program under s.
   65  288.1162, s. 288.11621, or s. 288.1168.
   66         7. The applicant or beneficiary has sufficiently
   67  demonstrated a commitment to employ residents of this state,
   68  contract with Florida-based firms, and purchase locally
   69  available building materials to the greatest extent possible.
   70         8. If the applicant is a unit of local government or other
   71  entity defined as an applicant by paragraph (2)(a), the