HB 323

1
A bill to be entitled
2An act relating to professional sports franchises;
3amending s. 288.1162, F.S.; providing an exception to a
4provision prohibiting certain persons who have previously
5received funding from receiving additional funds;
6increasing the number of facilities that may be certified
7as facilities for certain new or retained professional
8sports franchises; authorizing an additional certification
9of a facility for a specified Major League Baseball
10franchise; providing that a franchise that continues to
11occupy a facility that was concurrently occupied by two
12professional sports franchises shall be deemed the
13franchise that formed the basis of the previous
14certification; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (h) of subsection (4) and subsections
19(7) and (9) of section 288.1162, Florida Statutes, are amended,
20and subsection (10) is added to that section, to read:
21     288.1162  Professional sports franchises; spring training
22franchises; duties.--
23     (4)  Prior to certifying an applicant as a "facility for a
24new professional sports franchise" or a "facility for a retained
25professional sports franchise," the Office of Tourism, Trade,
26and Economic Development must determine that:
27     (h)  An No applicant previously certified under any
28provision of this section who has received funding under such
29certification is not shall be eligible for an additional
30certification, except as provided in subsections (9) and (10).
31     (7)(a)  The Office of Tourism, Trade, and Economic
32Development shall notify the Department of Revenue of any
33facility certified as a facility for a new professional sports
34franchise or a facility for a retained professional sports
35franchise or as a facility for a retained spring training
36franchise. The Office of Tourism, Trade, and Economic
37Development shall certify no more than nine eight facilities as
38facilities for a new professional sports franchise or as
39facilities for a retained professional sports franchise,
40including in such total any facilities certified by the
41Department of Commerce before July 1, 1996. The number of
42facilities certified as a retained spring training franchise
43shall be as provided in subsection (5). The office may make no
44more than one certification for any facility. The office may not
45certify funding for less than the requested amount to any
46applicant certified as a facility for a retained spring training
47franchise.
48     (b)  The eighth certification of an applicant under this
49section as a facility for a new professional sports franchise or
50a facility for a retained professional sports franchise shall be
51for a franchise that is a member of the National Basketball
52Association, has been located within the state since 1987, and
53has not been previously certified. This paragraph is repealed
54July 1, 2010.
55     (c)  The ninth certification of an applicant under this
56section as a facility for a new professional sports franchise or
57a facility for a retained professional sports franchise shall be
58for a franchise that is a member of Major League Baseball and
59has been located within the state since 1993.
60     (9)  An applicant is not qualified for certification under
61this section if the franchise formed the basis for a previous
62certification, unless:
63     (a)  The previous certification was withdrawn by the
64facility or invalidated by the Office of Tourism, Trade, and
65Economic Development or the Department of Commerce before any
66funds were distributed pursuant to s. 212.20; or.
67     (b)  The applicant will be the home facility for a
68professional sports franchise that served as the basis for
69certifying a facility that was occupied by two franchises. This
70subsection does not disqualify an applicant if the previous
71certification occurred between May 23, 1993, and May 25, 1993;
72however, any funds to be distributed pursuant to s. 212.20 for
73the second certification shall be offset by the amount
74distributed to the previous certified facility. Distribution of
75funds for the second certification shall not be made until all
76amounts payable for the first certification have been
77distributed.
78     (10)  Notwithstanding any other provision of this section,
79a franchise continuing to use a facility that was concurrently
80occupied by two professional sports franchises shall be deemed
81the franchise forming the basis of the previous certification
82and the previous certification shall continue to apply for the
83period permitted from the original date of certification.
84     Section 2.  This act shall take effect July 1, 2007.


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