Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SPB 7044
                        Barcode 774296
                            CHAMBER ACTION
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11  The Committee on Transportation and Economic Development
12  Appropriations (Margolis) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, line 29, through
16            page 6, line 21, delete those lines
17  
18  and insert:  
19         Section 1.  Section 288.11635, Florida Statutes, is
20  created to read:
21         288.11635  Professional sports franchise or motorsports
22  entertainment complex guarantees.--
23         (1)  The Office of Tourism, Trade, and Economic
24  Development shall serve as the state agency for screening
25  applicants for state funding pursuant to s. 212.20(6)(d)7.c.
26  and for certifying an applicant as a facility for a
27  professional sports franchise or as a facility for a
28  motorsports entertainment complex which is eligible for
29  funding pursuant to s. 212.20(6)(d)7.c.
30         (2)  As used in this section, the term:
31         (a)  "Force majeure event" means a flood, fire, or
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    3:57 PM   02/21/07                             s7044c-ta35-ta1

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 other casualty, war, revolution, civil commotion, an act a of 2 public enemy, embargo, act of government in its sovereign 3 capacity, or labor difficulty, including without limitation, a 4 strike, lockout, or any circumstance beyond the reasonable 5 control of the professional sports franchise affected. 6 (b) "League" has the same meaning as provided in s. 7 288.1162. 8 (c) "Motorsports entertainment complex" means a 9 closed-course racing facility. 10 (d) "Motorsports event" mean a motorsports race that 11 has been sanctioned by a sanctioning body. 12 (e) "Owner" means a unit of local government which 13 owns a motorsports entertainment complex or owns the land on 14 which the motorsports entertainment complex is located. 15 (f) "Professional sports franchise" means a franchise 16 in the National League or the American League of Major League 17 Baseball, the National Basketball Association, the National 18 Football League, or the National Hockey League. 19 (g) "Sanctioning Body" means the American Motorcycle 20 Association (AMA), Championship Auto Racing Teams (CART), 21 Grand American Road Racing Association (GRANDAM), Indy Racing 22 League (IRL), National Association for Stock Car Auto Racing 23 (NASCAR), National Hot Rod Association (NHRA), Professional 24 Sports Car Racing (PSR), Sports Car Club of America (SCCA), 25 United States Auto Club (USAC), or any other nationally 26 recognized governing body that establishes motorsports events 27 and administers rules governing such events. 28 (h) "Unit of local government" has the same meaning as 29 provide in s. 218.369. 30 (3) The Office of Tourism, Trade, and Economic 31 Development shall adopt rules for the receipt and processing 2 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 of applications for funding pursuant to s. 212.20(6)(d)7.c. 2 (4) Before certifying an applicant as a facility for a 3 professional sports franchise or motorsports entertainment 4 complex which is eligible for funding pursuant to s. 5 212.20(6)(d)7.c., the Office of Tourism, Trade, and Economic 6 Development must determine that: 7 (a) A unit of local government is responsible for the 8 construction, maintenance, or operation of the professional 9 sports franchise facility or motorsports entertainment complex 10 or holds title to or a leasehold interest in the property on 11 which the professional sports franchise facility or 12 motorsports entertainment complex will be located and the 13 person filing on behalf of the applicant is or will be the 14 owner or operator of the professional sports franchise 15 facility or motorsports entertainment complex facility. 16 (b) The applicant has a verified copy of the approval 17 from the governing authority of the league or sanctioning body 18 in which the professional sports franchise exists or has 19 verified evidence that it had a league or sanctioning 20 body-authorized location in this state on or before July 1, 21 2007. 22 (c) The applicant has projections, verified by the 23 Office of Tourism, Trade, and Economic Development, which 24 demonstrate that the professional sports franchise will 25 attract a paid attendance of more than 300,000 annually or 26 that the motorsports entertainment complex facility will 27 attract a paid attendance of 100,000 annually. 28 (d) The applicant has an independent analysis or 29 study, verified by the Office of Tourism, Trade, and Economic 30 Development, which demonstrates that the amount of the 31 revenues generated by the taxes imposed under chapter 212 with 3 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 respect to the use and operation of the professional sports 2 franchise facility will equal or exceed $4 million annually or 3 the professional sports franchise facility or motorsports 4 entertainment complex facility will equal or exceed $800,000 5 annually, except that if the professional sports franchise 6 that served as an applicant's basis for certification under 7 this section did not serve as the applicant's basis for 8 certification under s. 288.1162, the verified analysis or 9 study must demonstrate that the amount of such tax revenues 10 will equal or exceed $2 million annually. 11 (e) The municipality or county in which the facility 12 for a professional sports franchise or motorsports 13 entertainment complex facility is located has certified by 14 resolution after a public hearing that the application serves 15 a public purpose. 16 (f) The Office of Tourism, Trade, and Economic 17 Development has received a signed agreement for the benefit of 18 and enforceable by the Department of Revenue from the 19 applicant or current owner of the professional sports 20 franchise that formed the basis for the applicant's 21 certification pursuant to this section which guarantees that, 22 if the professional sports franchise ceases playing at least 23 90 percent of its home games in this state, including 24 preseason, regular season, and postseason games, unless the 25 cessation is a result of a force majeure event, within 60 days 26 thereafter the guarantor will provide to the Department of 27 Revenue an annuity contract issued by a person authorized to 28 issue such contracts in this state which will pay the 29 Department of Revenue each year thereafter 125 percent of the 30 amount distributed pursuant to s. 212.20(6)(d)7.c. to the 31 applicant under this section during such year or, if the same 4 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 professional sports franchise also formed the basis for an 2 applicant's certification pursuant to s. 288.1162, 125 percent 3 of the amount distributed pursuant to s. 212.20(6)(d)7.b. to 4 the applicant under s. 288.1162 during such year. The 5 guarantee of the current owner of the professional sports 6 franchise shall be returned upon substitution of the guarantee 7 of any successor owner of the professional sports franchise 8 whose ownership has been approved by the governing authority 9 of the league in which the professional sports franchise 10 exists. 11 (g) The Office of Tourism, Trade, and Economic 12 Development has received evidence that one or more of the 13 municipalities in or near which the facility for a 14 professional sports franchise is located, the county in which 15 the facility for a professional sports franchise is located, 16 the applicant, and the owner of the professional sports 17 franchise that has served as an applicant's basis for 18 certification under this section or its affiliates have 19 previously contributed funds, or are contractually committed 20 to contribute funds during the next 30 years, for the 21 construction or improvement of the facility for a professional 22 sports franchise which, in the aggregate, equal or exceed $60 23 million or, as to a motorsports entertainment complex, the 24 Office of Tourism, Trade, and Economic Development has 25 received evidence that one or more of the municipalities in or 26 near which the facility for a motorsports entertainment 27 complex is located, the applicant, and the owner of the 28 motorsports entertainment complex that has served as the 29 applicant's basis for certification under this section or its 30 affiliates have previously contributed funds, or are 31 contractually committed to contribute funds during the next 30 5 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 years, for the construction or improvement of the facility for 2 the motorsports entertainment complex which, in the aggregate, 3 equal or exceed $10 million. 4 5 A professional sports franchise or motorsports entertainment 6 complex may form the basis for only one facility certified 7 under this section for funding pursuant to s. 212.20(6)(d)7.c. 8 (5) An applicant certified as a facility for a 9 professional sports franchise or motorsports entertainment 10 complex which is certified for funding pursuant to s. 11 212.20(6)(d)7.c. may use funds provided pursuant to that 12 sub-subparagraph only: 13 (a) For the public purpose of paying for the 14 acquisition, construction, reconstruction, renovation, capital 15 improvement, or maintenance of the facility for a professional 16 sports franchise or motorsports entertainment complex or any 17 ancillary facilities that support the operations of any such 18 facility, such as parking structures; convention facilities 19 and meeting rooms; retail and concession space; health, 20 fitness, and training facilities; and youth and amateur sports 21 or motorsports facilities; 22 (b) To pay or pledge for the payment of debt service 23 on, or fund debt service reserve funds, arbitrage rebate 24 obligations, or other amounts payable with respect to bonds or 25 other indebtedness issued for the acquisition, construction, 26 reconstruction, renovation, or capital improvement of the 27 facility for a professional sports franchise or motorsports 28 entertainment complex facility or ancillary facilities; or 29 (c) For reimbursement of costs for the refinancing of 30 bonds or other indebtedness, including the payment of any 31 interest and prepayment premium or penalty thereon, issued for 6 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 the acquisition, construction, reconstruction, renovation, or 2 capital improvement of the facility for a professional sports 3 franchise or motorsports entertainment complex facility or 4 ancillary facilities. 5 (6) 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 professional sports 8 franchise or motorsports entertainment complex which is 9 eligible for funding pursuant to s. 212.20(6)(d)7.c. The 10 Office of Tourism, Trade, and Economic Development may not 11 certify under this section more than nine facilities as 12 facilities for a professional sports franchise or more than 13 five facilities as facilities for a motorsports entertainment 14 complex which are eligible for funding pursuant to s. 15 212.20(6)(d)7.c. 16 (7) The Department of Revenue may conduct audits as 17 provided in s. 213.34 to verify that the distributions made 18 under this section have been expended as required in this 19 section. Such information is subject to the confidentiality 20 requirements of chapter 213. If the Department of Revenue 21 determines that the distributions made under this section have 22 not been expended as required by this section, it may pursue 23 recovery of the funds pursuant to the laws and rules governing 24 the assessment of taxes. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 Delete everything before the enacting clause 30 31 and insert: 7 3:57 PM 02/21/07 s7044c-ta35-ta1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SPB 7044 Barcode 774296 1 A bill to be entitled 2 An act relating to professional sports 3 franchise facilities and motorsports 4 entertainment complexes; creating s. 288.11635, 5 F.S.; requiring the Office of Tourism, Trade, 6 and Economic Development to screen applicants 7 for state funding under s. 212.20(6)(d)7.c. and 8 certify a facility as eligible for funding as a 9 facility for a professional sports franchise or 10 motorsports entertainment complex; defining 11 terms; requiring the office to adopt rules; 12 providing prerequisites for certification; 13 prohibiting a facility from receiving more than 14 one certification for any professional sports 15 franchise or motorsports entertainment complex; 16 restricting the use of funds; providing 17 limitations on certifications; authorizing the 18 Department of Revenue to conduct audits in 19 order to verify that funds have been expended 20 as required and to pursue recovery of 21 inappropriately expended funds; amending s. 22 212.20, F.S.; providing for the amounts to be 23 distributed to certified facilities under the 24 act; providing a timeframe for such 25 distributions; amending s. 288.1169, F.S., 26 relating to the International Game Fish 27 Association World Center; conforming a 28 cross-reference; providing an effective date. 29 30 31 8 3:57 PM 02/21/07 s7044c-ta35-ta1