CS/HB 323

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


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