Senate Bill sb0544

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    Florida Senate - 2007                                   SB 544

    By Senator Garcia





    40-409-07

  1                      A bill to be entitled

  2         An act relating to professional sports

  3         franchises; amending s. 288.1162, F.S.;

  4         providing an exception to a provision

  5         prohibiting certain persons who have previously

  6         received funding from receiving additional

  7         funds; increasing the number of facilities that

  8         may be certified as facilities for certain new

  9         or retained professional sports franchises;

10         authorizing an additional certification of a

11         facility for a specified Major League Baseball

12         franchise; providing that a franchise that

13         continues to occupy a facility that was

14         concurrently occupied by two professional

15         sports franchises shall be deemed the franchise

16         that formed the basis of the previous

17         certification; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Paragraph (h) of subsection (4) and

22  subsections (7) and (9) of section 288.1162, Florida Statutes,

23  are amended, and subsection (10) is added to that section, to

24  read:

25         288.1162  Professional sports franchises; spring

26  training franchises; duties.--

27         (4)  Prior to certifying an applicant as a "facility

28  for a new professional sports franchise" or a "facility for a

29  retained professional sports franchise," the Office of

30  Tourism, Trade, and Economic Development must determine that:

31  

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    Florida Senate - 2007                                   SB 544
    40-409-07




 1         (h)  An No applicant previously certified under any

 2  provision of this section who has received funding under such

 3  certification is not shall be eligible for an additional

 4  certification, except as provided in subsections (9) and (10).

 5         (7)(a)  The Office of Tourism, Trade, and Economic

 6  Development shall notify the Department of Revenue of any

 7  facility certified as a facility for a new professional sports

 8  franchise or a facility for a retained professional sports

 9  franchise or as a facility for a retained spring training

10  franchise. The Office of Tourism, Trade, and Economic

11  Development shall certify no more than nine eight facilities

12  as facilities for a new professional sports franchise or as

13  facilities for a retained professional sports franchise,

14  including in such total any facilities certified by the

15  Department of Commerce before July 1, 1996. The number of

16  facilities certified as a retained spring training franchise

17  shall be as provided in subsection (5). The office may make no

18  more than one certification for any facility. The office may

19  not certify funding for less than the requested amount to any

20  applicant certified as a facility for a retained spring

21  training franchise.

22         (b)  The eighth certification of an applicant under

23  this section as a facility for a new professional sports

24  franchise or a facility for a retained professional sports

25  franchise shall be for a franchise that is a member of the

26  National Basketball Association, has been located within the

27  state since 1987, and has not been previously certified. This

28  paragraph is repealed July 1, 2010.

29         (c)  The ninth certification of an applicant under this

30  section as a facility for a new professional sports franchise

31  or a facility for a retained professional sports franchise

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    Florida Senate - 2007                                   SB 544
    40-409-07




 1  shall be for a franchise that is a member of Major League

 2  Baseball and has been located within the state since 1993.

 3         (9)  An applicant is not qualified for certification

 4  under this section if the franchise formed the basis for a

 5  previous certification, unless:

 6         (a)  The previous certification was withdrawn by the

 7  facility or invalidated by the Office of Tourism, Trade, and

 8  Economic Development or the Department of Commerce before any

 9  funds were distributed pursuant to s. 212.20; or.

10         (b)  The applicant will be the home facility for a

11  professional sports franchise that served as the basis for

12  certifying a facility that was occupied by two franchises.

13  This subsection does not disqualify an applicant if the

14  previous certification occurred between May 23, 1993, and May

15  25, 1993; however, any funds to be distributed pursuant to s.

16  212.20 for the second certification shall be offset by the

17  amount distributed to the previous certified facility.

18  Distribution of funds for the second certification shall not

19  be made until all amounts payable for the first certification

20  have been distributed.

21         (10)  Notwithstanding any other provision of this

22  section, a franchise continuing to use a facility that was

23  concurrently occupied by two professional sports franchises

24  shall be deemed the franchise forming the basis of the

25  previous certification and the previous certification shall

26  continue to apply for the period permitted from the original

27  date of certification.

28         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                   SB 544
    40-409-07




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises provisions for professional sports franchises to
      allow certain persons who have received funding for a
 4    facility for a professional sports franchise to receive
      additional funding. Increases the number of facilities
 5    that may be certified as facilities for professional
      sports franchises and authorizes an additional
 6    certification for a Major League Baseball franchise.
      Provides that certain franchises are deemed the basis for
 7    specific prior certifications. (See bill for details.)

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