CODING: Words stricken are deletions; words underlined are additions.House Bill 1145e1
CS/HB 1145, First Engrossed
1 A bill to be entitled
2 An act relating to professional sports
3 franchises; amending s. 288.1162, F.S.;
4 revising the definition of the term "new
5 professional sports franchise"; authorizing
6 certain applicants to be certified more than
7 once under certain circumstances; providing
8 requirements for certain applicants; conforming
9 dates to comply with the act; providing that an
10 applicant applying for certification for more
11 than one franchise, after a certain date, is
12 required to have a contract with the Department
13 of Labor and Employment Security for the hiring
14 of WAGES participants; providing contract
15 requirements; providing for an annual report to
16 the Governor and specified legislative leaders
17 on the extent of WAGES hiring by the applicant;
18 providing the applicant must agree to expend
19 certain funds for job training facility on the
20 premises of the applicant's facility; providing
21 the applicant must establish a scholarship
22 endowment fund; providing criteria for awards;
23 limiting eligibility for awards; providing an
24 effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Paragraph (a) of subsection (3), paragraphs
29 (c), (e), and (h) of subsection (4), and subsection (8) of
30 section 288.1162, Florida Statutes, 1996 Supplement, are
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CS/HB 1145, First Engrossed
1 amended, and subsection (11) is added to said section, to
2 read:
3 288.1162 Professional sports franchises; spring
4 training franchises; duties.--
5 (3) As used in this section:
6 (a) "New professional sports franchise" means a
7 professional sports franchise that is not based in this state
8 prior to August 16, 1965 April 1, 1987.
9 (4) Prior to certifying an applicant as a "facility
10 for a new professional sports franchise" or a "facility for a
11 retained professional sports franchise," the Office of
12 Tourism, Trade, and Economic Development must determine that:
13 (c) The applicant has a verified copy of the approval
14 from the governing authority of the league in which the new
15 professional sports franchise exists authorizing the location
16 of the professional sports franchise in this state after
17 August 16, 1965 April 1, 1987, or in the case of a retained
18 professional sports franchise, verified evidence that it has
19 had a league-authorized location in this state on or before
20 December 31, 1976. The term "league" means the National League
21 or the American League of Major League Baseball, the National
22 Basketball Association, the National Football League, or the
23 National Hockey League.
24 (e) The applicant has an independent analysis or
25 study, verified by the Office of Tourism, Trade, and Economic
26 Development, which demonstrates that the amount of the
27 revenues generated by the taxes imposed under part I of
28 chapter 212 with respect to the use and operation of the
29 professional sports franchise facility will equal or exceed $2
30 million annually, and in the case of an applicant which has
31 been certified for one franchise and is an applicant for a
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CS/HB 1145, First Engrossed
1 different franchise, the amount demonstrated shall be $2
2 million annually for each franchise.
3 (h) No applicant previously certified under any
4 provision of this section who has received funding under such
5 certification shall be eligible for an additional
6 certification, unless it is for a different sports franchise
7 as recognized under paragraph (c).
8 (8) The Office of Tourism, Trade, and Economic
9 Development shall notify the Department of Revenue of any
10 facility certified as a facility for a new professional sports
11 franchise or a facility for a retained professional sports
12 franchise or as a new spring training franchise facility. The
13 Office of Tourism, Trade, and Economic Development may certify
14 no more than eight facilities for no more than nine
15 professional sports franchises as facilities for a new
16 professional sports franchise, as facilities for a retained
17 professional sports franchise, or as new spring training
18 franchise facilities, including in such total any facilities
19 certified by the Department of Commerce before July 1, 1996.
20 The office may make no more than one certification for any
21 facility.
22 (11) The Office of Tourism, Trade, and Economic
23 Development shall, in addition to any other requirements of
24 this section, determine that an applicant which has been
25 certified under this section prior to June 1, 1997, for one
26 franchise and is an applicant for certification for a
27 different franchise under this section after June 1, 1997, has
28 entered into a contract with the Department of Labor and
29 Employment Security in which the applicant agrees to register
30 with the Work and Gain Economic Self-Sufficiency (WAGES)
31 Program Business Registry established by the local WAGES
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CS/HB 1145, First Engrossed
1 coalition for the area in which the applicant is located. Such
2 contract shall further provide that the applicant shall hire
3 WAGES program participants to the maximum extent possible and
4 shall provide for appropriate monitoring and training of such
5 employees. The applicant shall agree to employ a specified
6 number of WAGES participants in each year that it receives a
7 distribution under s. 212.20. The number of WAGES participants
8 to be employed by the applicant shall be based upon the
9 applicant's good faith efforts, workforce availability,
10 suitable jobs, and in keeping with the facility's minimum
11 standards of employment as provided in the contract with the
12 department. The applicant may renegotiate the contract and
13 employ fewer program participants if the applicant
14 demonstrates to the satisfaction of the department that due to
15 economic condition or the nature of its business in a given
16 year the requirement to hire the specified number of employees
17 is unattainable. Each applicant subject to the requirements of
18 this subsection shall report to the Governor, the President of
19 the Senate and the Speaker of the House of Representatives by
20 December 31 of each year in which the applicant receives a
21 distribution under s. 212.20 on the extent to which its
22 employees are WAGES participants. The applicant must agree to
23 use not less than $1.5 million for building a job training
24 facility on the premises of the existing facility for a new
25 professional sports franchise. The applicant must also agree
26 to fund a scholarship endowment program at a level not less
27 than $2 million at the time of certification. Awards from
28 this endowment program shall be based on the academic
29 achievement and personal achievement of the eligible students.
30 To be eligible for an award from this endowment program, the
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CS/HB 1145, First Engrossed
1 student must be a resident of Dade County or Broward County
2 and demonstrate financial need.
3 Section 2. This act shall take effect upon becoming a
4 law.
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