Senate Bill 1806c1

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    Florida Senate - 2000                           CS for SB 1806

    By the Committee on Fiscal Resource and Senator McKay





    314-1907-00

  1                      A bill to be entitled

  2         An act relating to the Olympic Games; providing

  3         definitions; stating that the purpose of the

  4         act is to provide assurances and commitments

  5         necessary for the United States Olympic

  6         Committee and the International Olympic

  7         Committee to select a host city for the Olympic

  8         Games; providing legislative findings; creating

  9         the Olympic Games Guaranty Account within the

10         Economic Development Trust Fund for purposes of

11         insuring against financial losses resulting

12         from the games; requiring an operational entity

13         to obtain security of a specified amount;

14         requiring that the local organizing committee

15         provide security of a specified amount;

16         providing for funding the Olympic Games

17         Guaranty Account; providing for funds to remain

18         in the account and be invested by the State

19         Board of Administration; providing for

20         termination of the account if the candidate

21         city is not selected to host the Olympic Games;

22         providing for transfer of funds to the General

23         Revenue Fund; requiring the local organizing

24         committee to provide financial statements to

25         the state; requiring the operational entity to

26         review applications from local organizing

27         committees; providing application requirements;

28         providing requirements for review; authorizing

29         the operational entity to enter into certain

30         joinder agreements with the United States

31         Olympic Committee or the International Olympic

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    Florida Senate - 2000                           CS for SB 1806
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  1         Committee; authorizing additional state

  2         agencies to assist in planning for the games

  3         and enter into contracts and agreements;

  4         providing that the act does not obligate the

  5         state to pay for or fund any building or

  6         facility; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Definitions.--As used in this act, the

11  term:

12         (1)  "Candidate city" means a municipality in this

13  state which has qualified for consideration by the United

14  States Olympic Committee as the United States candidate city

15  to host the XXXth Olympic Games in 2012.

16         (2)  "Games" means the XXXth Olympic Games to be held

17  in 2012.

18         (3)  "Games support contract" means a joinder

19  undertaking, a joinder agreement, or similar contract executed

20  by the state, a candidate city, or a local organizing

21  committee in connection with the selection of the candidate

22  city to host the games.

23         (4)  "International Olympic Committee" or "IOC" means

24  the international governing body responsible for organizing

25  and conducting the Olympic Games.

26         (5)  "Joinder agreement" means an agreement entered

27  into by:

28         (a)  The state and the USOC or the IOC setting out

29  representations and assurances by the state in connection with

30  the selection of the candidate city to host the games; or

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    Florida Senate - 2000                           CS for SB 1806
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  1         (b)  A candidate city and the USOC or the IOC setting

  2  out representations and assurances by the candidate city in

  3  connection with the selection of the city to host the games.

  4         (6)  "Joinder undertaking" means an agreement entered

  5  into by:

  6         (a)  The state and the USOC or the IOC that the state

  7  will execute a joinder agreement if the candidate city is

  8  selected to host the games; or

  9         (b)  A candidate city and the USOC or the IOC that the

10  city will execute a joinder agreement if the city is selected

11  to host the games.

12         (7)  "Local organizing committee" means a nonprofit

13  corporation or its successor in interest which:

14         (a)  Has been authorized by the candidate city to

15  pursue an application to the USOC and bid on the city's behalf

16  to host the games; and

17         (b)  Has executed an agreement with the USOC regarding

18  the candidate city's bid to host the games.

19         (8)  "United States Olympic Committee" or "USOC" means

20  the official national Olympic Committee of the United States

21  of America, which has been authorized by law to govern all

22  matters related to national participation in the Olympic

23  Games.

24         Section 2.  Purpose.--The purpose of this act is to

25  provide the necessary assurances and commitments required by

26  the USOC and the IOC in selecting a host city for the games.

27         Section 3.  Legislative findings.--The selection of a

28  candidate city in this state to host the 2012 Olympic Games

29  will confer significant benefits to the state as a whole and

30  to the communities where the games are held, including:

31         (1)  Invaluable public visibility throughout the world;

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    Florida Senate - 2000                           CS for SB 1806
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  1         (2)  Increased tourism and economic growth;

  2         (3)  Significant job creation;

  3         (4)  Significant additional state and local revenue

  4  from the tax on admissions to Olympic events and other state

  5  and local taxes on Olympics-related transactions;

  6         (5)  The development of state-of-the-art sports

  7  facilities and venues that Floridians will enjoy long after

  8  the games are concluded;

  9         (6)  Enhanced opportunities for Florida athletes to

10  train and compete in amateur athletics at the international

11  level;

12         (7)  An enduring legacy of good will throughout the

13  world; and

14         (8)  The opportunity to secure federal infrastructure

15  funding for key community projects.

16         Section 4.  Guarantee of state obligations; Olympic

17  Games Guaranty Account.--

18         (1)  There is created, within the Economic Development

19  Trust Fund established pursuant to section 288.095, Florida

20  Statutes, the Olympic Games Guaranty Account. The Olympic

21  Games Guaranty Account shall be used for the sole purpose of

22  fulfilling the state's obligations under the games support

23  contracts to indemnify and insure against any net financial

24  deficit resulting from the conduct of the games. The

25  operational entity shall administer this account.

26         (2)  With funds from the Olympic Games Guaranty

27  Account, the operational entity shall obtain adequate

28  security, acceptable to the USOC and the IOC, to demonstrate

29  the state's ability to fulfill its obligations under the games

30  support contracts to indemnify and insure up to $125 million

31  of any net financial deficit resulting from the conduct of the

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    Florida Senate - 2000                           CS for SB 1806
    314-1907-00




  1  games. Such security may be provided by state funds committed

  2  to the Olympic Games Guaranty Account, or by insurance

  3  coverage, letters of credit, or other acceptable security

  4  instruments purchased or secured by such funds, or by any

  5  combination of these options. The liability of the state under

  6  all games support contracts entered into pursuant to this act

  7  may not exceed $125 million in the aggregate.

  8         (3)  By July 1, 2001, the local organizing committee

  9  shall provide adequate security, acceptable to the operational

10  entity, to demonstrate the local organizing committee's

11  ability to indemnify and insure the first $25 million of any

12  net financial deficit resulting from the conduct of the games

13  for which the state would be liable under the games support

14  contracts. Such security may be provided through the

15  establishment of an internal guaranty fund, insurance

16  coverage, letters of credit, or other acceptable security

17  instruments, or by any combination of these options. Any such

18  security must identify the state as an additional insured. If

19  adequate proof of security is not provided as part of the bid

20  and maintained throughout the course of the games, the Olympic

21  Games Guaranty Account shall be terminated.

22         (4)  The operational entity may not permit the security

23  provided by the state pursuant to this act to be accessed to

24  cover any net financial deficit indemnified by the state under

25  the games support contracts until the security provided by the

26  local organizing committee pursuant to this act is fully

27  expended and exhausted.

28         (5)  Funding for the Olympic Games Guaranty Account may

29  be derived from any combination of the following:

30         (a)  Sums earmarked from the Working Capital Fund, with

31  the funds transferred to the Olympic Games Guaranty Account if

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    Florida Senate - 2000                           CS for SB 1806
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  1  the candidate city is selected by the USOC as the United

  2  States candidate city to host the games, or at an earlier time

  3  determined by the Legislature;

  4         (b)  Sums lawfully appropriated; and

  5         (c)  The increases in proceeds deposited into the

  6  General Revenue Fund, from the taxes levied under section

  7  212.04, Florida Statutes, on admissions to Olympic events, and

  8  other taxes levied under chapter 212, Florida Statutes, which

  9  are determined by the Revenue Estimating Conference to be

10  attributable to the games and related events.

11         (6)  Additional state funds may not be deposited into

12  the Olympic Games Guaranty Account after the operational

13  entity determines that the account has achieved, or is

14  reasonably expected to accrue, a sufficient balance to provide

15  adequate security, acceptable to the USOC and the IOC, to

16  demonstrate the state's ability to fulfill its obligations

17  under the games support contracts to indemnify and insure up

18  to $125 million of any net financial deficit resulting from

19  the conduct of the games.

20         (7)  Moneys in the Olympic Games Guaranty Account is

21  not subject to section 216.301(1)(a), Florida Statutes. Any

22  funds maintained in the Olympic Games Guaranty Account shall

23  be assigned to the State Board of Administration for

24  investment.

25         (8)  If the candidate city is selected by the IOC as

26  the host city for the games, the Olympic Games Guaranty

27  Account shall be terminated upon the operational entity's

28  determination that the state's obligations under the games

29  support contracts to indemnify and insure against any net

30  financial deficit resulting from the conduct of the games are

31  concluded. If the candidate city is not selected by the USOC

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    Florida Senate - 2000                           CS for SB 1806
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  1  as the United States candidate city to host the games, or if

  2  the candidate city is not selected by the IOC as the host city

  3  for the games, the Olympic Games Guaranty Account shall be

  4  immediately terminated.

  5         (9)  Upon the termination of the Olympic Games Guaranty

  6  Account, all sums earmarked or transferred to the Olympic

  7  Games Guaranty Account from the Working Capital Fund shall

  8  immediately revert to the Working Capital Fund and shall be

  9  free for other uses, and all sums appropriated to the Olympic

10  Games Guaranty Account from the General Revenue Fund, and any

11  investment earnings retained in the Olympic Games Guaranty

12  Account, shall immediately revert to the General Revenue Fund

13  and be available for appropriation.

14         (10)  The local organizing committee shall provide all

15  information in its possession which is required by the state

16  economic entity to enable it to fulfill its duties under this

17  act, including the annual financial statements and records

18  required by the USOC or the IOC, and data obtained by the

19  local organizing committee relating to attendance at the games

20  and to the economic impact of the games. A local organizing

21  committee must provide such annual financial statements and

22  records not later than 120 days after the period covered by

23  the financial statements and records ends.

24         Section 5.  State execution of games support contracts;

25  assistance of state agencies.--

26         (1)  The operational entity shall review an application

27  from a local organizing committee that the operational entity,

28  on behalf of the state, commits to enter into a games support

29  contract that is required by the USOC or the IOC in connection

30  with the selection of a candidate city in this state to host

31  the games.

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    Florida Senate - 2000                           CS for SB 1806
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  1         (2)  An application made under subsection (1) must be

  2  accompanied by:

  3         (a)  A general description and summary of the games for

  4  which host city designation is sought by the local organizing

  5  committee;

  6         (b)  A description of the proposal the local organizing

  7  committee intends to submit to the USOC, including the

  8  proposed venues to be used to conduct the games;

  9         (c)  Projections of the paid attendance and direct and

10  indirect economic impact of the games on the state and the

11  candidate city, including the basis and methodology for such

12  projections;

13         (d)  The anticipated total cost of presenting the games

14  and the committee's plan for financing this cost;

15         (e)  The resources committed by the candidate city and

16  any other participating municipalities and other government

17  entities to fulfill the obligations under the games support

18  contracts; and

19         (f)  Any other information reasonably requested by the

20  operational entity within 60 days after receipt of the

21  application to assist the operational entity in completing its

22  evaluation as set forth in subsection (3).

23         (3)  Within 30 days after receiving all information set

24  forth in subsection (2), the operational entity shall approve

25  or deny an application made under subsection (1). In making

26  this determination, the operational entity must make findings

27  regarding:

28         (a)  The reasonableness and reliability of the local

29  organizing committee's revenue and expenditure projections;

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    Florida Senate - 2000                           CS for SB 1806
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  1         (b)  The reasonableness and reliability of the

  2  projections related to the direct and indirect economic impact

  3  of hosting the games;

  4         (c)  The extent to which the candidate city and other

  5  participating jurisdictions have committed sufficient

  6  resources to fulfill the obligations under the games support

  7  contracts;

  8         (d)  The extent to which the local organizing committee

  9  has sought to maximize the use of existing venues throughout

10  the state, within the limitations imposed by the USOC

11  regarding transportation, accommodations, facility capacity,

12  and customs and practices;

13         (e)  The extent to which the local organizing committee

14  has demonstrated that it has provided, is capable of

15  providing, has financial or other commitments to provide for,

16  or its projected financial revenues are found to be reasonably

17  calculated to cover, the costs incurred or anticipated in

18  relation to presentation of the games; and

19         (f)  The extent to which the state's obligations and

20  risks are reasonable in light of the anticipated benefits to

21  the state and its citizens.

22         (4)  The operational entity may agree in a joinder

23  undertaking entered into with the USOC or the IOC that the

24  operational entity will:

25         (a)  Execute a joinder agreement if the USOC selects a

26  candidate city in this state to host the games; and

27         (b)  Refrain from taking any action after the execution

28  of the joinder undertaking which would impair its ability to

29  execute the joinder agreement.

30         (5)  The operational entity may agree in a joinder

31  agreement that the state will fulfill its obligations under a

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    Florida Senate - 2000                           CS for SB 1806
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  1  games support contract to indemnify and insure the USOC or the

  2  IOC against any net financial deficit resulting from the

  3  conduct of the games.

  4         (6)  The operational entity may agree to execute a

  5  games support contract only if:

  6         (a)  The candidate city has executed a games support

  7  contract with the USOC which contains substantially similar

  8  terms; and

  9         (b)  The operational entity determines that:

10         1.  The findings made pursuant to subsection (3)

11  continue to be valid;

12         2.  The state's obligations and risk pursuant to the

13  games support contract are reasonable in light of the

14  anticipated benefits to the state and its citizens; and

15         3.  Any financial commitments of the state will be

16  satisfied exclusively by recourse to the Olympic Games Trust

17  Account.

18         (7)  The operational entity may require a local

19  organizing committee to list the state as an additional

20  insured on any policy of insurance purchased by the local

21  organizing committee and required by the USOC or the IOC to be

22  in effect in connection with the games.

23         (8)  The Department of Transportation, the Department

24  of Law Enforcement, the Department of Community Affairs,

25  Enterprise Florida, Inc., the Office of Tourism, Trade, and

26  Economic Development in the Executive Office of the Governor,

27  the Florida Tourism Commission, the Florida Sports Foundation,

28  or the Florida Tourism Industry Marketing Corporation may:

29         (a)  Assist a local organizing committee in developing

30  applications and planning for the games; and

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    Florida Senate - 2000                           CS for SB 1806
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  1         (b)  Enter into contracts, agreements, or assurances

  2  related to the presentation of the games.

  3         (9)  Notwithstanding any other provision of this act,

  4  the operational entity may not obligate the state to pay or

  5  otherwise provide funds to cover the costs of the construction

  6  or purchase of a building or other facility by a candidate

  7  city.

  8         Section 6.  This act shall take effect upon becoming

  9  law.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                             SB 1806

13

14  This committee substitute provides the necessary assurances
    and commitments required by the USOC and the IOC in selecting
15  a host city for the XXXth Olympic Games in 2012. It includes
    legislative findings about the benefits to Florida of hosting
16  these games and creates the Olympic Games Guaranty Account
    within the Economic Development Trust Fund for the purpose of
17  fulfilling the state's obligations under a games support
    contract to indemnify and insure against any net financial
18  deficit resulting from the conduct of the games, up to $125
    million.
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