Senate Bill sb1306c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1306

    By the Committee on Commerce and Consumer Services; and
    Senator Garcia




    577-2104-05

  1                      A bill to be entitled

  2         An act relating to professional sports

  3         franchises; amending s. 288.1162, F.S.;

  4         increasing the number of facilities certified

  5         by the Office of Tourism, Trade, and Economic

  6         Development as facilities for a new

  7         professional sports franchise or as facilities

  8         for a retained professional sports franchise;

  9         providing an additional exception to

10         disqualification for certification of an

11         applicant when the franchise formed the basis

12         of a previous certification; providing that

13         payments to a certified applicant may not

14         extend beyond the period for which the original

15         certification was issued; specifying the date

16         on which an applicant certified after the

17         effective date of the act may receive

18         disbursements; providing an effective date.

19  

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

21  

22         Section 1.  Subsections (7) and (9) of section

23  288.1162, Florida Statutes, are amended to read:

24         288.1162  Professional sports franchises; spring

25  training franchises; duties.--

26         (7)  The Office of Tourism, Trade, and Economic

27  Development shall notify the Department of Revenue of any

28  facility certified as a facility for a new professional sports

29  franchise or a facility for a retained professional sports

30  franchise or as a facility for a retained spring training

31  franchise. The Office of Tourism, Trade, and Economic

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1306
    577-2104-05




 1  Development shall certify no more than nine eight facilities

 2  as facilities for a new professional sports franchise or as

 3  facilities for a retained professional sports franchise and

 4  shall certify at least five as facilities for retained spring

 5  training franchises, including in such total any facilities

 6  certified by the Department of Commerce before July 1, 1996.

 7  The office may make no more than one certification for any

 8  facility.  The office may not certify funding for less than

 9  the requested amount to any applicant certified as a facility

10  for a retained spring training franchise.

11         (9)(a)  An applicant is not qualified for certification

12  under this section if the franchise formed the basis for a

13  previous certification, unless:

14         1.  The previous certification was withdrawn by the

15  facility or invalidated by the Office of Tourism, Trade, and

16  Economic Development or the Department of Commerce before any

17  funds were distributed pursuant to s. 212.20; or.

18         2.  The previous certification was for an applicant

19  that served as the home facility for two professional sports

20  franchises and the franchise was used as a basis for the

21  certification of a new applicant. Notwithstanding any other

22  provision of this section, the franchise continuing to use the

23  original applicant shall be deemed the franchise forming the

24  basis of the previous certification and the previous

25  certification shall continue to apply for the time period

26  permitted following the original date of certification.

27         (b)  This subsection does not disqualify an applicant

28  if the previous certification occurred between May 23, 1993,

29  and May 25, 1993; however, any funds to be distributed

30  pursuant to s. 212.20 for the second certification shall be

31  offset by the amount distributed to the previous certified

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 1306
    577-2104-05




 1  facility. Distribution of funds for the second certification

 2  shall not be made until all amounts payable for the first

 3  certification have been distributed.

 4         (c)  Payments to a certified applicant may not extend

 5  beyond the period for which the original certification was

 6  issued.

 7         Section 2.  Notwithstanding any other provision of law,

 8  an applicant that is certified after the effective date of

 9  this act pursuant to section 288.1162, Florida Statutes, by

10  the Office of Tourism, Trade, and Economic Development as a

11  facility for a new professional sports franchise or a facility

12  for a retained professional sports franchise may not receive

13  disbursements pursuant to section 212.20(6)(d)7.b., Florida

14  Statutes, until July 1, 2006.

15         Section 3.  This act shall take effect upon becoming a

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1306

20                                 

21  The committee substitute differs from the bill in that it:

22  -    Increases from eight to nine, the number of facilities
         for new or retained professional sports franchises that
23       the Office of Tourism, Trade, and Economic Development
         can certify.
24  
    -    Provides that, if previously certified, a professional
25       sports franchise can not be granted an additional
         facility certification, unless the certified facility was
26       the home of two professional sports franchises. The
         franchise continuing to use the facility will be
27       considered the franchise forming the basis of the
         previous certification, and the previous certification
28       will apply for the time period permitted from the
         original date of certification.
29  
    -    Provides that facilities for new or retained professional
30       sports franchises that are certified after the effective
         date of this committee substitute may not receive sales
31       tax distributions until July 1, 2006.

                                  3

CODING: Words stricken are deletions; words underlined are additions.