| 1 | A bill to be entitled |
| 2 | An act relating to professional sports franchises; |
| 3 | amending s. 288.1162, F.S.; defining the term "force |
| 4 | majeure event"; providing an exception to a provision |
| 5 | prohibiting certain persons who have previously received |
| 6 | funding from receiving additional funds; providing |
| 7 | additional requirements for certification; increasing the |
| 8 | number of facilities that may be certified as facilities |
| 9 | for certain new or retained professional sports |
| 10 | franchises; authorizing an additional certification of a |
| 11 | facility for a specified Major League Baseball franchise; |
| 12 | providing that a franchise that continues to occupy a |
| 13 | facility that was concurrently occupied by two |
| 14 | professional sports franchises shall be deemed the |
| 15 | franchise that formed the basis of the previous |
| 16 | certification; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (h) of subsection (4) and subsections |
| 21 | (7) and (9) of section 288.1162, Florida Statutes, are amended, |
| 22 | paragraph (c) is added to subsection (3), paragraph (i) is added |
| 23 | to subsection (4), and subsection (10) is added to that section, |
| 24 | to read: |
| 25 | 288.1162 Professional sports franchises; spring training |
| 26 | franchises; duties.-- |
| 27 | (3) As used in this section, the term: |
| 28 | (c) "Force majeure event" means a flood, fire, or other |
| 29 | casualty, a war, a revolution, civil commotion, an act of a |
| 30 | public enemy, an embargo, an act of government in its sovereign |
| 31 | capacity, or a labor difficulty, including, without limitation, |
| 32 | a strike, a lockout, or any circumstance beyond the reasonable |
| 33 | control of the professional sports franchise affected. |
| 34 | (4) Prior to certifying an applicant as a "facility for a |
| 35 | new professional sports franchise" or a "facility for a retained |
| 36 | professional sports franchise," the Office of Tourism, Trade, |
| 37 | and Economic Development must determine that: |
| 38 | (h) An No applicant previously certified under any |
| 39 | provision of this section who has received funding under such |
| 40 | certification is not shall be eligible for an additional |
| 41 | certification, except as provided in subsections (9) and (10). |
| 42 | (i) The applicant has provided a signed agreement for the |
| 43 | benefit of and enforceable by the Department of Revenue from the |
| 44 | applicant or the current owner of the professional sports |
| 45 | franchise that formed the basis for the applicant's |
| 46 | certification pursuant to this section that guarantees that, if |
| 47 | the professional sports franchise ceases playing at least 90 |
| 48 | percent of its home games in this state, including preseason, |
| 49 | regular season, and postseason games, unless the cessation is a |
| 50 | result of a force majeure event, the guarantor will pay the |
| 51 | Department of Revenue each year thereafter the excess, if any, |
| 52 | of: |
| 53 | 1. The amount distributed pursuant to s. 212.20(6)(d)7.b. |
| 54 | to the applicant under this section during such year over |
| 55 | 2. The amount of the revenues generated by the taxes |
| 56 | imposed under chapter 212 with respect to the use and operation |
| 57 | of the certified facility during such year. |
| 58 |
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| 59 | Within 60 days after the professional sports franchise ceases |
| 60 | playing at least 90 percent of its home games in the state, the |
| 61 | guarantor shall provide the Department of Revenue with an |
| 62 | annuity contract issued by a person authorized to issue such |
| 63 | contracts in this state that will secure the guarantor's |
| 64 | obligation to make the payments as required by this paragraph. |
| 65 | The guarantee of the applicant or current owner of the |
| 66 | professional sports franchise will be returned upon substitution |
| 67 | of the guarantee of any successor applicant or owner of the |
| 68 | professional sports franchise whose ownership has been approved |
| 69 | by the governing authority of the league in which the |
| 70 | professional sports franchise exists. |
| 71 | (7)(a) The Office of Tourism, Trade, and Economic |
| 72 | Development shall notify the Department of Revenue of any |
| 73 | facility certified as a facility for a new professional sports |
| 74 | franchise or a facility for a retained professional sports |
| 75 | franchise or as a facility for a retained spring training |
| 76 | franchise. The Office of Tourism, Trade, and Economic |
| 77 | Development shall certify no more than nine eight facilities as |
| 78 | facilities for a new professional sports franchise or as |
| 79 | facilities for a retained professional sports franchise, |
| 80 | including in such total any facilities certified by the |
| 81 | Department of Commerce before July 1, 1996. The number of |
| 82 | facilities certified as a retained spring training franchise |
| 83 | shall be as provided in subsection (5). The office may make no |
| 84 | more than one certification for any facility. The office may not |
| 85 | certify funding for less than the requested amount to any |
| 86 | applicant certified as a facility for a retained spring training |
| 87 | franchise. |
| 88 | (b) The eighth certification of an applicant under this |
| 89 | section as a facility for a new professional sports franchise or |
| 90 | a facility for a retained professional sports franchise shall be |
| 91 | for a franchise that is a member of the National Basketball |
| 92 | Association, has been located within the state since 1987, and |
| 93 | has not been previously certified. This paragraph is repealed |
| 94 | July 1, 2010. |
| 95 | (c) The ninth certification of an applicant under this |
| 96 | section as a facility for a new professional sports franchise or |
| 97 | a facility for a retained professional sports franchise shall be |
| 98 | for a franchise that is a member of Major League Baseball and |
| 99 | has been located within the state since 1993. |
| 100 | (9) An applicant is not qualified for certification under |
| 101 | this section if the franchise formed the basis for a previous |
| 102 | certification, unless: |
| 103 | (a) The previous certification was withdrawn by the |
| 104 | facility or invalidated by the Office of Tourism, Trade, and |
| 105 | Economic Development or the Department of Commerce before any |
| 106 | funds were distributed pursuant to s. 212.20; or |
| 107 | (b) The applicant will be the home facility for a |
| 108 | professional sports franchise that served as the basis for |
| 109 | certifying a facility that was occupied by two franchises. This |
| 110 | subsection does not disqualify an applicant if the previous |
| 111 | certification occurred between May 23, 1993, and May 25, 1993; |
| 112 | however, any funds to be distributed pursuant to s. 212.20 for |
| 113 | the second certification shall be offset by the amount |
| 114 | distributed to the previous certified facility. Distribution of |
| 115 | funds for the second certification shall not be made until all |
| 116 | amounts payable for the first certification have been |
| 117 | distributed. |
| 118 | (10) Notwithstanding any other provision of this section, |
| 119 | a franchise continuing to use a facility that was concurrently |
| 120 | occupied by two professional sports franchises shall be deemed |
| 121 | the franchise forming the basis of the previous certification |
| 122 | and the previous certification shall continue to apply for the |
| 123 | period permitted from the original date of certification. |
| 124 | Section 2. This act shall take effect July 1, 2007. |