Amendment
Bill No. CS/HB 1295
Amendment No. 437311
CHAMBER ACTION
Senate House
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1Representatives Schenck and Holder offered the following:
2
3     Amendment (with title amendment)
4     Between lines 131 and 132, insert:
5     Section 5.  Subsections (5), (6), and (9) of section
6288.1162, Florida Statutes, are amended, and subsections (10),
7(11), and (12) are added to that section, to read:
8     288.1162  Professional sports franchises; spring training
9franchises; duties.--
10     (5)(a)  As used in this section, the term "retained spring
11training franchise" means a spring training franchise that has
12been based in this state prior to January 1, 2000.
13     (b)  Prior to certifying an applicant as a "facility for a
14retained spring training franchise," the Office of Tourism,
15Trade, and Economic Development must determine that:
16     1.  A "unit of local government" as defined in s. 218.369
17is responsible for the acquisition, construction, management, or
18operation of the facility for a retained spring training
19franchise or holds title to the property on which the facility
20for a retained spring training franchise is located.
21     2.  The applicant has a verified copy of a signed agreement
22with a retained spring training franchise for the use of the
23facility for a term of at least 15 years.
24     3.  The applicant has a financial commitment to provide 50
25percent or more of the funds required by an agreement for the
26acquisition, construction, or renovation of the facility for a
27retained spring training franchise. The agreement can be
28contingent upon the awarding of funds under this section and
29other conditions precedent to use by the spring training
30franchise.
31     4.  The applicant has projections, verified by the Office
32of Tourism, Trade, and Economic Development, which demonstrate
33that the facility for a retained spring training franchise will
34attract a paid attendance of at least 50,000 annually.
35     5.  The facility for a retained spring training franchise
36is located in a county that is levying a tourist development tax
37pursuant to s. 125.0104.
38     (c)1.  The Office of Tourism, Trade, and Economic
39Development shall competitively evaluate applications for
40funding of a facility for a retained spring training franchise.
41The total number of certifications made by the Office of
42Tourism, Trade, and Economic Development shall not exceed 10. If
43the Office of Tourism, Trade, and Economic Development withdraws
44certification for any given facility, the Office of Tourism,
45Trade, and Economic Development may accept applications for an
46additional certification. A facility or unit of local government
47shall not be certified for more than one spring training
48franchise at any one time. Applications must be submitted by
49October 1, 2000, with certifications to be made by January 1,
502001. If the number of applicants exceeds five and the aggregate
51funding request of all applications exceeds $208,335 per month,
52the office shall rank the applications according to a selection
53criteria, certifying the highest ranked proposals. The
54evaluation criteria shall include, with priority given in
55descending order to the following items:
56     1.a.  The intended use of the funds by the applicant for
57acquisition of a facility, construction of a new facility, or
58renovation of an existing facility, with priority given to the
59construction of a new facility.
60     2.b.  The length of time that the existing franchise has
61been located in the state, with priority given to retaining
62franchises that have been in the same location the longest.
63     3.c.  The length of time that a facility to be used by a
64retained spring training franchise has been used by one or more
65spring training franchises, with priority given to a facility
66that has been in continuous use as a facility for spring
67training the longest.
68     4.d.  For those teams leasing a spring training facility
69from a unit of local government, the remaining time on the lease
70for facilities used by the spring training franchise, with
71priority given to the shortest time period remaining on the
72lease.
73     5.e.  The duration of the future-use agreement with the
74retained spring training franchise, with priority given to the
75future-use agreement having the longest duration.
76     6.f.  The amount of the local match, with priority given to
77the largest percentage of local match proposed.
78     7.g.  The net increase of total active recreation space
79owned by the applying unit of local government following the
80acquisition of land for the spring training facility, with
81priority given to the largest percentage increase of total
82active recreation space.
83     8.h.  The location of the facility in a brownfield, an
84enterprise zone, a community redevelopment area, or other area
85of targeted development or revitalization included in an Urban
86Infill Redevelopment Plan, with priority given to facilities
87located in these areas.
88     9.i.  The projections on paid attendance attracted by the
89facility and the proposed effect on the economy of the local
90community, with priority given to the highest projected paid
91attendance.
92     2.  Beginning July 1, 2006, the Office of Tourism, Trade,
93and Economic Development shall competitively evaluate
94applications for funding of facilities for retained spring
95training franchises in addition to those certified and funded
96under subparagraph 1. An applicant that is a unit of government
97that has an agreement for a retained spring training franchise
98for 15 or more years which was entered into between July 1,
992003, and July 1, 2004, shall be eligible for funding.
100Applications must be submitted by October 1, 2006, with
101certifications to be made by January 1, 2007. The office shall
102rank the applications according to selection criteria,
103certifying no more than five proposals. The aggregate funding
104request of all applicants certified shall not exceed an
105aggregate funding request of $208,335 per month. The evaluation
106criteria shall include the following, with priority given in
107descending order:
108     a.  The intended use of the funds by the applicant for
109acquisition or construction of a new facility.
110     b.  The intended use of the funds by the applicant to
111renovate a facility.
112     c.  The length of time that a facility to be used by a
113retained spring training franchise has been used by one or more
114spring training franchises, with priority given to a facility
115that has been in continuous use as a facility for spring
116training the longest.
117     d.  For those teams leasing a spring training facility from
118a unit of local government, the remaining time on the lease for
119facilities used by the spring training franchise, with priority
120given to the shortest time period remaining on the lease. For
121consideration under this subparagraph, the remaining time on the
122lease shall not exceed 5 years, unless an agreement of 15 years
123or more was entered into between July 1, 2003, and July 1, 2004.
124     e.  The duration of the future-use agreement with the
125retained spring training franchise, with priority given to the
126future-use agreement having the longest duration.
127     f.  The amount of the local match, with priority given to
128the largest percentage of local match proposed.
129     g.  The net increase of total active recreation space owned
130by the applying unit of local government following the
131acquisition of land for the spring training facility, with
132priority given to the largest percentage increase of total
133active recreation space.
134     h.  The location of the facility in a brownfield area, an
135enterprise zone, a community redevelopment area, or another area
136of targeted development or revitalization included in an urban
137infill redevelopment plan, with priority given to facilities
138located in those areas.
139     i.  The projections on paid attendance attracted by the
140facility and the proposed effect on the economy of the local
141community, with priority given to the highest projected paid
142attendance.
143     (d)  Funds may not be expended to subsidize privately owned
144and maintained facilities for use by the spring training
145franchise.
146     (e)  Funds may be used to relocate a retained spring
147training franchise to another unit of local government if
148approved by the Office of Tourism, Trade, and Economic
149Development upon a review of documentation showing that the
150local government currently certified as the host for the
151franchise seeking to move no longer meets the criteria for
152certification and state funding, and has been decertified
153pursuant to subsection (10) only if the existing unit of local
154government with the retained spring training franchise agrees to
155the relocation.
156     (6)(a)  An applicant certified as a facility for a new
157professional sports franchise or a facility for a retained
158professional sports franchise or as a facility for a retained
159spring training franchise may use funds provided pursuant to s.
160212.20 only for the public purpose of paying for the
161acquisition, construction, reconstruction, or renovation of a
162facility for a new professional sports franchise, a facility for
163a retained professional sports franchise, or a facility for a
164retained spring training franchise or to pay or pledge for the
165payment of debt service on, or to fund debt service reserve
166funds, arbitrage rebate obligations, or other amounts payable
167with respect to, bonds issued for the acquisition, construction,
168reconstruction, or renovation of such facility or for the
169reimbursement of such costs or the refinancing of bonds issued
170for such purposes.
171     (b)  Beginning September 1, 2008, and every year
172thereafter, each local governmental entity certified to receive
173funding for a facility for a retained spring training franchise
174shall submit to the Office of Tourism, Trade, and Economic
175Development a report that includes, but is not limited to, a
176copy of its most recent annual audit; a detailed report on all
177local and state funds expended to date on the project being
178financed pursuant to this section; a copy of the contract
179between the certified local governmental entity and the spring
180training team; and evidence that the certified applicant
181continues to meet the criteria in paragraph (5)(b).
182     (9)  An applicant is not qualified for certification under
183this section if the franchise formed the basis for a previous
184certification, unless the previous certification was withdrawn
185by the facility or invalidated by the Office of Tourism, Trade,
186and Economic Development or the Department of Commerce before
187any funds were distributed pursuant to s. 212.20 or has been
188decertified pursuant to subsection (10). This subsection does
189not disqualify an applicant if the previous certification
190occurred between May 23, 1993, and May 25, 1993; however, any
191funds to be distributed pursuant to s. 212.20 for the second
192certification shall be offset by the amount distributed to the
193previous certified facility. Distribution of funds for the
194second certification shall not be made until all amounts payable
195for the first certification have been distributed.
196     (10)(a)  The Office of Tourism, Trade, and Economic
197Development may decertify an applicant upon receipt of
198information that the applicant no longer meets or satisfies the
199criteria in paragraph (5)(b) or upon request of the local
200government. The local government opposing a decertification
201shall have 60 days to demonstrate to the office that the
202information is incorrect, prior to the decertification becoming
203official. The Office of Tourism, Trade, and Economic Development
204shall notify the Department of Revenue within 10 days after the
205decertification.
206     (b)  The Office of Tourism, Trade, and Economic Development
207shall order a decertified applicant to repay the total amount of
208unencumbered state funds received by the applicant and any
209interest earnings on those funds. These funds and their interest
210earnings shall be deposited in the General Revenue Fund.
211     (11)  For the purpose of retaining the tradition of spring
212training baseball in this state, by December 31, 2008, the
213Office of Tourism, Trade, and Economic Development shall develop
214a comprehensive strategic plan related to the following:
215     (a)  Financing of spring training facilities.
216     (b)  Certification and decertification processes, including
217development of the contract or funding agreement to be signed by
218the office and local governments, including local governments
219currently certified.
220     (c)  Clawback of state funds from decertified local
221governments.
222     (d)  Monitoring and oversight of the state funds awarded to
223applicants.
224     (e)  Identification of the financial impact spring training
225has on the state.
226     (e)  Identification of efforts made by other states to
227develop or grow their baseball spring training efforts and the
228effect of those efforts on this state's relationship with
229professional baseball.
230     (f)  Legislative recommendations on how to sustain or
231improve this state's spring training tradition.
232     (g)  Recommendations for the role and responsibilities for
233a Florida Commissioner of Baseball.
234A copy of the strategic plan shall be submitted to the Governor,
235the President of the Senate, and the Speaker of the House of
236Representatives.
237     (12)  The Office of Tourism, Trade, and Economic
238Development may adopt rules pursuant to ss. 120.536(1) and
239120.54 to administer this section.
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T I T L E  A M E N D M E N T
247     Remove line 25 and insert:
248terminate on a specified date; amending s. 288.1162, F.S.;
249revising provisions relating to funding for relocation of spring
250training franchises; requiring local governments receiving funds
251to submit annual reports; providing for decertification of an
252applicant; requiring the Office of Tourism, Trade, and Economic
253Development to develop a comprehensive strategic plan; providing
254rulemaking authority; providing an effective
255


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