Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 528
                        Barcode 670144
                            CHAMBER ACTION
              Senate                               House
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       02/21/2007 08:47 AM         .                    
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11  The Committee on Commerce (Diaz de la Portilla) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (c) is added to subsection (3),
19  paragraph (h) of subsection (4) and subsections (7) and (9) of
20  section 288.1162, Florida Statutes, are amended, and
21  subsections (10) and (11) are added to that section, to read:
22         288.1162  Professional sports franchises; spring
23  training franchises; duties.--
24         (3)  As used in this section, the term:
25         (c)  "Force majeure event" means a flood, fire or other
26  casualty, war, revolution, civil commotion, an act of a public
27  enemy, embargo, act of government in its sovereign capacity,
28  or labor difficulty, including without limitation, a strike,
29  lockout, or any circumstance beyond the reasonable control of
30  the professional sports franchise affected.
31         (4)  Prior to certifying an applicant as a "facility
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 528 Barcode 670144 1 for a new professional sports franchise" or a "facility for a 2 retained professional sports franchise," the Office of 3 Tourism, Trade, and Economic Development must determine that: 4 (h) An No applicant previously certified under any 5 provision of this section who has received funding under such 6 certification is not shall be eligible for an additional 7 certification, except as provided in subsections (9), (10), 8 and (11). 9 (7)(a) The Office of Tourism, Trade, and Economic 10 Development shall notify the Department of Revenue of any 11 facility certified as a facility for a new professional sports 12 franchise or a facility for a retained professional sports 13 franchise or as a facility for a retained spring training 14 franchise. The Office of Tourism, Trade, and Economic 15 Development shall certify no more than nine eight facilities 16 as facilities for a new professional sports franchise or as 17 facilities for a retained professional sports franchise, 18 including in such total any facilities certified by the 19 Department of Commerce before July 1, 1996. The number of 20 facilities certified as a retained spring training franchise 21 shall be as provided in subsection (5). The office may make no 22 more than one certification for any facility. The office may 23 not certify funding for less than the requested amount to any 24 applicant certified as a facility for a retained spring 25 training franchise. 26 (b) The eighth certification of an applicant under 27 this section as a facility for a new professional sports 28 franchise or a facility for a retained professional sports 29 franchise shall be for a franchise that is a member of the 30 National Basketball Association, has been located within the 31 state since 1987, and has not been previously certified. This 2 2:07 PM 02/19/07 s0528.cm36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 528 Barcode 670144 1 paragraph is repealed July 1, 2010. 2 (c) The ninth certification of an applicant under this 3 section as a facility for a new professional sports franchise 4 or a facility for a retained professional sports franchise 5 shall be for a franchise that is a member of Major League 6 Baseball and has been located within the state since 1993. 7 (9) An applicant is not qualified for certification 8 under this section if the franchise formed the basis for a 9 previous certification, unless: 10 (a) The previous certification was withdrawn by the 11 facility or invalidated by the Office of Tourism, Trade, and 12 Economic Development or the Department of Commerce before any 13 funds were distributed pursuant to s. 212.20; or. 14 (b) The applicant will be the home facility for a 15 professional sports franchise that served as the basis for 16 certifying a facility that was occupied by two franchises. 17 This subsection does not disqualify an applicant if the 18 previous certification occurred between May 23, 1993, and May 19 25, 1993; however, any funds to be distributed pursuant to s. 20 212.20 for the second certification shall be offset by the 21 amount distributed to the previous certified facility. 22 Distribution of funds for the second certification shall not 23 be made until all amounts payable for the first certification 24 have been distributed. 25 (10) To qualify for the ninth certification, the 26 following conditions must be met: 27 (a) The Office of Tourism, Trade, and Economic 28 Development has received a signed agreement for the benefit of 29 and enforceable by the Department of Revenue from the 30 applicant or current owner of the professional sports 31 franchise that formed the basis for the applicant's 3 2:07 PM 02/19/07 s0528.cm36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 528 Barcode 670144 1 certification pursuant to this section which guarantees that, 2 if the professional sports franchise ceases playing at least 3 90 percent of its home games in this state, including 4 preseason, regular season, and postseason games, unless the 5 cessation is a result of a force majeure event, within 60 days 6 thereafter the guarantor will provide to the Department of 7 Revenue an annuity contract issued by a person authorized to 8 issue such contracts in this state which will pay the 9 Department of Revenue each year thereafter, 150 percent of the 10 amount distributed pursuant to s. 212.20(6)(d)7.b. to the 11 applicant under s. 288.1162 during such year. The guarantee of 12 the current owner of the professional sports franchise shall 13 be returned upon substitution of the guarantee of any 14 successor owner of the professional sports franchise whose 15 ownership has been approved by the governing authority of the 16 league in which the professional sports franchise exists. 17 (b) The Office of Tourism, Trade, and Economic 18 Development has received evidence that one or more of the 19 municipalities in or near which the facility for a 20 professional sports franchise is located, the county in which 21 the facility for a professional sports franchise is located, 22 the applicant, and the owner of the professional sports 23 franchise that has served as an applicant's basis for 24 certification under this section or its affiliates have 25 previously contributed funds, or are contractually committed 26 to contribute funds during the next 30 years, for the 27 construction or improvement of the facility for a professional 28 sports franchise which, in the aggregate, equals or exceeds 29 $60 million. 30 (11) Notwithstanding any other provision of this 31 section, a franchise continuing to use a facility that was 4 2:07 PM 02/19/07 s0528.cm36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 528 Barcode 670144 1 concurrently occupied by two professional sports franchises 2 shall be deemed the franchise forming the basis of the 3 previous certification and the previous certification shall 4 continue to apply for the period permitted from the original 5 date of certification. 6 Section 2. This act shall take effect July 1, 2007. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to professional sports 16 franchises; amending s. 288.1162, F.S.; 17 defining "force majeure event"; providing an 18 exception to a provision prohibiting certain 19 persons who have previously received funding 20 from receiving additional funds; increasing the 21 number of facilities that may be certified as 22 facilities for certain new or retained 23 professional sports franchises; authorizing an 24 additional certification of a facility for a 25 specified Major League Baseball franchise; 26 providing prerequisites for certification; 27 providing that a franchise that continues to 28 occupy a facility that was concurrently 29 occupied by two professional sports franchises 30 shall be deemed the franchise that formed the 31 basis of the previous certification; providing 5 2:07 PM 02/19/07 s0528.cm36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 528 Barcode 670144 1 an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 2:07 PM 02/19/07 s0528.cm36.00a