Senate Bill sb1306c1
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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
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