Amendment
Bill No. CS/HB 1295

Amendment No. 437311

CHAMBER ACTION
Senate		House
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1	Representatives 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
6	288.1162, 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
9	franchises; duties.--
10	(5)(a)  As used in this section, the term "retained spring
11	training franchise" means a spring training franchise that has
12	been based in this state prior to January 1, 2000.
13	(b)  Prior to certifying an applicant as a "facility for a
14	retained spring training franchise," the Office of Tourism,
15	Trade, and Economic Development must determine that:
16	1.  A "unit of local government" as defined in s. 218.369
17	is responsible for the acquisition, construction, management, or
18	operation of the facility for a retained spring training
19	franchise or holds title to the property on which the facility
20	for a retained spring training franchise is located.
21	2.  The applicant has a verified copy of a signed agreement
22	with a retained spring training franchise for the use of the
23	facility for a term of at least 15 years.
24	3.  The applicant has a financial commitment to provide 50
25	percent or more of the funds required by an agreement for the
26	acquisition, construction, or renovation of the facility for a
27	retained spring training franchise. The agreement can be
28	contingent upon the awarding of funds under this section and
29	other conditions precedent to use by the spring training
30	franchise.
31	4.  The applicant has projections, verified by the Office
32	of Tourism, Trade, and Economic Development, which demonstrate
33	that the facility for a retained spring training franchise will
34	attract a paid attendance of at least 50,000 annually.
35	5.  The facility for a retained spring training franchise
36	is located in a county that is levying a tourist development tax
37	pursuant to s. 125.0104.
38	(c)1.  The Office of Tourism, Trade, and Economic
39	Development shall competitively evaluate applications for
40	funding of a facility for a retained spring training franchise.
41	The total number of certifications made by the Office of
42	Tourism, Trade, and Economic Development shall not exceed 10. If
43	the Office of Tourism, Trade, and Economic Development withdraws
44	certification for any given facility, the Office of Tourism,
45	Trade, and Economic Development may accept applications for an
46	additional certification. A facility or unit of local government
47	shall not be certified for more than one spring training
48	franchise at any one time. Applications must be submitted by
49	October 1, 2000, with certifications to be made by January 1,
50	2001. If the number of applicants exceeds five and the aggregate
51	funding request of all applications exceeds $208,335 per month,
52	the office shall rank the applications according to a selection
53	criteria, certifying the highest ranked proposals. The
54	evaluation criteria shall include, with priority given in
55	descending order to the following items:
56	1.a.  The intended use of the funds by the applicant for
57	acquisition of a facility, construction of a new facility, or
58	renovation of an existing facility, with priority given to the
59	construction of a new facility.
60	2.b.  The length of time that the existing franchise has
61	been located in the state, with priority given to retaining
62	franchises that have been in the same location the longest.
63	3.c.  The length of time that a facility to be used by a
64	retained spring training franchise has been used by one or more
65	spring training franchises, with priority given to a facility
66	that has been in continuous use as a facility for spring
67	training the longest.
68	4.d.  For those teams leasing a spring training facility
69	from a unit of local government, the remaining time on the lease
70	for facilities used by the spring training franchise, with
71	priority given to the shortest time period remaining on the
72	lease.
73	5.e.  The duration of the future-use agreement with the
74	retained spring training franchise, with priority given to the
75	future-use agreement having the longest duration.
76	6.f.  The amount of the local match, with priority given to
77	the largest percentage of local match proposed.
78	7.g.  The net increase of total active recreation space
79	owned by the applying unit of local government following the
80	acquisition of land for the spring training facility, with
81	priority given to the largest percentage increase of total
82	active recreation space.
83	8.h.  The location of the facility in a brownfield, an
84	enterprise zone, a community redevelopment area, or other area
85	of targeted development or revitalization included in an Urban
86	Infill Redevelopment Plan, with priority given to facilities
87	located in these areas.
88	9.i.  The projections on paid attendance attracted by the
89	facility and the proposed effect on the economy of the local
90	community, with priority given to the highest projected paid
91	attendance.
92	2.  Beginning July 1, 2006, the Office of Tourism, Trade,
93	and Economic Development shall competitively evaluate
94	applications for funding of facilities for retained spring
95	training franchises in addition to those certified and funded
96	under subparagraph 1. An applicant that is a unit of government
97	that has an agreement for a retained spring training franchise
98	for 15 or more years which was entered into between July 1,
99	2003, and July 1, 2004, shall be eligible for funding.
100	Applications must be submitted by October 1, 2006, with
101	certifications to be made by January 1, 2007. The office shall
102	rank the applications according to selection criteria,
103	certifying no more than five proposals. The aggregate funding
104	request of all applicants certified shall not exceed an
105	aggregate funding request of $208,335 per month. The evaluation
106	criteria shall include the following, with priority given in
107	descending order:
108	a.  The intended use of the funds by the applicant for
109	acquisition or construction of a new facility.
110	b.  The intended use of the funds by the applicant to
111	renovate a facility.
112	c.  The length of time that a facility to be used by a
113	retained spring training franchise has been used by one or more
114	spring training franchises, with priority given to a facility
115	that has been in continuous use as a facility for spring
116	training the longest.
117	d.  For those teams leasing a spring training facility from
118	a unit of local government, the remaining time on the lease for
119	facilities used by the spring training franchise, with priority
120	given to the shortest time period remaining on the lease. For
121	consideration under this subparagraph, the remaining time on the
122	lease shall not exceed 5 years, unless an agreement of 15 years
123	or more was entered into between July 1, 2003, and July 1, 2004.
124	e.  The duration of the future-use agreement with the
125	retained spring training franchise, with priority given to the
126	future-use agreement having the longest duration.
127	f.  The amount of the local match, with priority given to
128	the largest percentage of local match proposed.
129	g.  The net increase of total active recreation space owned
130	by the applying unit of local government following the
131	acquisition of land for the spring training facility, with
132	priority given to the largest percentage increase of total
133	active recreation space.
134	h.  The location of the facility in a brownfield area, an
135	enterprise zone, a community redevelopment area, or another area
136	of targeted development or revitalization included in an urban
137	infill redevelopment plan, with priority given to facilities
138	located in those areas.
139	i.  The projections on paid attendance attracted by the
140	facility and the proposed effect on the economy of the local
141	community, with priority given to the highest projected paid
142	attendance.
143	(d)  Funds may not be expended to subsidize privately owned
144	and maintained facilities for use by the spring training
145	franchise.
146	(e)  Funds may be used to relocate a retained spring
147	training franchise to another unit of local government if
148	approved by the Office of Tourism, Trade, and Economic
149	Development upon a review of documentation showing that the
150	local government currently certified as the host for the
151	franchise seeking to move no longer meets the criteria for
152	certification and state funding, and has been decertified
153	pursuant to subsection (10) only if the existing unit of local
154	government with the retained spring training franchise agrees to
155	the relocation.
156	(6)(a)  An applicant certified as a facility for a new
157	professional sports franchise or a facility for a retained
158	professional sports franchise or as a facility for a retained
159	spring training franchise may use funds provided pursuant to s.
160	212.20 only for the public purpose of paying for the
161	acquisition, construction, reconstruction, or renovation of a
162	facility for a new professional sports franchise, a facility for
163	a retained professional sports franchise, or a facility for a
164	retained spring training franchise or to pay or pledge for the
165	payment of debt service on, or to fund debt service reserve
166	funds, arbitrage rebate obligations, or other amounts payable
167	with respect to, bonds issued for the acquisition, construction,
168	reconstruction, or renovation of such facility or for the
169	reimbursement of such costs or the refinancing of bonds issued
170	for such purposes.
171	(b)  Beginning September 1, 2008, and every year
172	thereafter, each local governmental entity certified to receive
173	funding for a facility for a retained spring training franchise
174	shall submit to the Office of Tourism, Trade, and Economic
175	Development a report that includes, but is not limited to, a
176	copy of its most recent annual audit; a detailed report on all
177	local and state funds expended to date on the project being
178	financed pursuant to this section; a copy of the contract
179	between the certified local governmental entity and the spring
180	training team; and evidence that the certified applicant
181	continues to meet the criteria in paragraph (5)(b).
182	(9)  An applicant is not qualified for certification under
183	this section if the franchise formed the basis for a previous
184	certification, unless the previous certification was withdrawn
185	by the facility or invalidated by the Office of Tourism, Trade,
186	and Economic Development or the Department of Commerce before
187	any funds were distributed pursuant to s. 212.20 or has been
188	decertified pursuant to subsection (10). This subsection does
189	not disqualify an applicant if the previous certification
190	occurred between May 23, 1993, and May 25, 1993; however, any
191	funds to be distributed pursuant to s. 212.20 for the second
192	certification shall be offset by the amount distributed to the
193	previous certified facility. Distribution of funds for the
194	second certification shall not be made until all amounts payable
195	for the first certification have been distributed.
196	(10)(a)  The Office of Tourism, Trade, and Economic
197	Development may decertify an applicant upon receipt of
198	information that the applicant no longer meets or satisfies the
199	criteria in paragraph (5)(b) or upon request of the local
200	government. The local government opposing a decertification
201	shall have 60 days to demonstrate to the office that the
202	information is incorrect, prior to the decertification becoming
203	official. The Office of Tourism, Trade, and Economic Development
204	shall notify the Department of Revenue within 10 days after the
205	decertification.
206	(b)  The Office of Tourism, Trade, and Economic Development
207	shall order a decertified applicant to repay the total amount of
208	unencumbered state funds received by the applicant and any
209	interest earnings on those funds. These funds and their interest
210	earnings shall be deposited in the General Revenue Fund.
211	(11)  For the purpose of retaining the tradition of spring
212	training baseball in this state, by December 31, 2008, the
213	Office of Tourism, Trade, and Economic Development shall develop
214	a comprehensive strategic plan related to the following:
215	(a)  Financing of spring training facilities.
216	(b)  Certification and decertification processes, including
217	development of the contract or funding agreement to be signed by
218	the office and local governments, including local governments
219	currently certified.
220	(c)  Clawback of state funds from decertified local
221	governments.
222	(d)  Monitoring and oversight of the state funds awarded to
223	applicants.
224	(e)  Identification of the financial impact spring training
225	has on the state.
226	(e)  Identification of efforts made by other states to
227	develop or grow their baseball spring training efforts and the
228	effect of those efforts on this state's relationship with
229	professional baseball.
230	(f)  Legislative recommendations on how to sustain or
231	improve this state's spring training tradition.
232	(g)  Recommendations for the role and responsibilities for
233	a Florida Commissioner of Baseball.
234	A copy of the strategic plan shall be submitted to the Governor,
235	the President of the Senate, and the Speaker of the House of
236	Representatives.
237	(12)  The Office of Tourism, Trade, and Economic
238	Development may adopt rules pursuant to ss. 120.536(1) and
239	120.54 to administer this section.
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245	-----------------------------------------------------
246	T I T L E  A M E N D M E N T
247	Remove line 25 and insert:
248	terminate on a specified date; amending s. 288.1162, F.S.;
249	revising provisions relating to funding for relocation of spring
250	training franchises; requiring local governments receiving funds
251	to submit annual reports; providing for decertification of an
252	applicant; requiring the Office of Tourism, Trade, and Economic
253	Development to develop a comprehensive strategic plan; providing
254	rulemaking authority; providing an effective
255

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