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. |