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Senator Fasano moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 978-979

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insert:

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     Section 10.  Subsections (5), (6) and (9) of section

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288.1162, Florida Statutes, are amended, and new subsections (10)

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and (11) are created, to read:

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(5)(a)  As used in this section, the term "retained spring

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training franchise" means a spring training franchise that has

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been based in this state prior to January 1, 2000.

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(b)  Prior to certifying an applicant as a "facility for a

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retained spring training franchise," the Office of Tourism,

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Trade, and Economic Development must determine that:

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1.  A "unit of local government" as defined in s. 218.369 is

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responsible for the acquisition, construction, management, or

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operation of the facility for a retained spring training

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franchise or holds title to the property on which the facility

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for a retained spring training franchise is located.

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2.  The applicant has a verified copy of a signed agreement

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with a retained spring training franchise for the use of the

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facility for a term of at least 15 years.

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3.  The applicant has a financial commitment to provide 50

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percent or more of the funds required by an agreement for the

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acquisition, construction, or renovation of the facility for a

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retained spring training franchise. The agreement can be

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contingent upon the awarding of funds under this section and

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other conditions precedent to use by the spring training

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franchise.

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4.  The applicant has projections, verified by the Office of

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Tourism, Trade, and Economic Development, which demonstrate that

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the facility for a retained spring training franchise will

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attract a paid attendance of at least 50,000 annually.

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5.  The facility for a retained spring training franchise is

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located in a county that is levying a tourist development tax

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pursuant to s. 125.0104.

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(c)1.  The Office of Tourism, Trade, and Economic

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Development shall competitively evaluate applications for funding

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of a facility for a retained spring training franchise.

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Applications must be submitted by October 1, 2000, with

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certifications to be made by January 1, 2001. If the number of

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applicants exceeds five and the aggregate funding request of all

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applications exceeds $208,335 per month, the office shall rank

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the applications according to a selection criteria, certifying

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the highest ranked proposals. The total number of certifications

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made by the Office of Tourism, Trade, and Economic Development

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shall not exceed 10. If the Office of Tourism, Trade, and

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Economic Development withdraws certification for any given

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facility, the Office of Tourism, Trade, and Economic Development

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may accept applications for an additional certification. Any

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facility or local government certified prior to July 1, 2008,

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unless such facility or local government has been decertified by

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the Office of Tourism, Trade, and Economic Development, is not

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eligible for additional certification. The evaluation criteria

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shall include, with priority given in descending order to the

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following items:

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a. The intended use of the funds by the applicant for

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acquisition of a facility, or construction of a new facility, or

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renovation of an existing facility, with priority given to the

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construction of a new facility.

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b. The length of time that the existing franchise has been

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located in the state, with priority given to retaining franchises

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that have been in the same location the longest.

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c.  The length of time that a facility to be used by a

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retained spring training franchise has been used by one or more

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spring training franchises, with priority given to a facility

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that has been in continuous use as a facility for spring training

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the longest.

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d. For those teams leasing a spring training facility from a

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unit of local government, the remaining time on the lease for

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facilities used by the spring training franchise, with priority

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given to the shortest time period remaining on the lease.

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e. The duration of the future-use agreement with the

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retained spring training franchise, with priority given to the

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future-use agreement having the longest duration.

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f. The amount of the local match, with priority given to the

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largest percentage of local match proposed.

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g.  The net increase of total active recreation space owned

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by the applying unit of local government following the

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acquisition of land for the spring training facility, with

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priority given to the largest percentage increase of total active

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recreation space.

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h.  The location of the facility in a brownfield, an

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enterprise zone, a community redevelopment area, or other area of

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targeted development or revitalization included in an Urban

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Infill Redevelopment Plan, with priority given to facilities

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located in these areas.

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i. The projections on paid attendance attracted by the

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facility and the proposed effect on the economy of the local

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community, with priority given to the highest projected paid

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attendance.

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2. Beginning July 1, 2006, the Office of Tourism, Trade,

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and Economic Development shall competitively evaluate

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applications for funding of facilities for retained spring

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training franchises in addition to those certified and funded

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under subparagraph 1. An applicant that is a unit of government

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that has an agreement for a retained spring training franchise

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for 15 or more years which was entered into between July 1, 2003,

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and July 1, 2004, shall be eligible for funding. Applications

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must be submitted by October 1, 2006, with certifications to be

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made by January 1, 2007. The office shall rank the applications

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according to selection criteria, certifying no more than five

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proposals. The aggregate funding request of all applicants

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certified shall not exceed an aggregate funding request of

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$208,335 per month. The evaluation criteria shall include the

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following, with priority given in descending order:

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a. The intended use of the funds by the applicant for

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acquisition or construction of a new facility.

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b. The intended use of the funds by the applicant to

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renovate a facility.

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c. The length of time that a facility to be used by a

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retained spring training franchise has been used by one or more

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spring training franchises, with priority given to a facility

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that has been in continuous use as a facility for spring training

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the longest.

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d. For those teams leasing a spring training facility from

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a unit of local government, the remaining time on the lease for

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facilities used by the spring training franchise, with priority

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given to the shortest time period remaining on the lease. For

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consideration under this subparagraph, the remaining time on the

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lease shall not exceed 5 years, unless an agreement of 15 years

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or more was entered into between July 1, 2003, and July 1, 2004.

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e. The duration of the future-use agreement with the

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retained spring training franchise, with priority given to the

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future-use agreement having the longest duration.

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f. The amount of the local match, with priority given to

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the largest percentage of local match proposed.

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g. The net increase of total active recreation space owned

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by the applying unit of local government following the

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acquisition of land for the spring training facility, with

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priority given to the largest percentage increase of total active

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recreation space.

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h. The location of the facility in a brownfield area, an

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enterprise zone, a community redevelopment area, or another area

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of targeted development or revitalization included in an urban

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infill redevelopment plan, with priority given to facilities

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located in those areas.

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i. The projections on paid attendance attracted by the

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facility and the proposed effect on the economy of the local

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community, with priority given to the highest projected paid

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attendance.

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(d)  Funds may not be expended to subsidize privately owned

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and maintained facilities for use by the spring training

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franchise.

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(e) Funds may be used to relocate a retained spring training

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franchise to another unit of local government only if the

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existing unit of local government with the retained spring

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training franchise agrees to the relocation. if approved by the

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Office of Tourism, Trade, and Economic Development. The Office

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of Tourism, Trade, and Economic Development may adopt rules

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pursuant to s. 120.536(1) and s. 120.54 to administer this

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subsection.

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(6)(a) An applicant certified as a facility for a new

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professional sports franchise or a facility for a retained

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professional sports franchise or as a facility for a retained

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spring training franchise may use funds provided pursuant to s.

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212.40 only for the public purpose of paying for the acquisition,

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construction, reconstruction, or renovation of a facility for a

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new professional sports franchise, a facility for a retained

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professional sports franchise, or a facility for a retained

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spring training franchise or to pay or pledge for the payment of

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debt service on, or to fund debt service reserve funds, arbitrage

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rebate obligations, or other amounts payable with respect to,

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bonds issued for the acquisition, construction, reconstruction,

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or renovation of such facility or for the reimbursement of such

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costs or the refinancing of bonds issued for such purposes.

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(b) Beginning September 1, 2008, and every year thereafter,

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each local governmental entity certified to receive funding for a

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facility for a retained spring training franchise shall submit to

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the Office of Tourism, Trade, and Economic Development a report

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that includes, but is not limited to, a copy of its most recent

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annual audit; a detailed report on all local and state funds

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expended to date on the project being financed pursuant to this

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section; a copy of the contract between the certified local

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governmental entity and the spring training team; and evidence

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that the certified applicant continues to meet the criteria set

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forth in subsection(5)(b)1.-5.

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(9)  An applicant is not qualified for certification under

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this section if the franchise formed the basis for a previous

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certification, unless the previous certification was withdrawn by

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

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Economic Development or the 1Department of Commerce before any

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funds were distributed pursuant to s. 212.20,or has been

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decertified pursuant to subsection (10). This subsection does not

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disqualify an applicant if the previous certification occurred

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between May 23, 1993, and May 25, 1993; however, any funds to be

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distributed pursuant to s. 212.20 for the second certification

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shall be offset by the amount distributed to the previous

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certified facility. Distribution of funds for the second

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certification shall not be made until all amounts payable for the

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first certification have been distributed.

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(10)(a) The Office of Tourism, Trade, and Economic

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Development may decertify an applicant upon receipt of

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information that the applicant no longer meets or satisfies the

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criteria in subsection (5)(b)1.-5. The Office of Tourism, Trade,

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and Economic Development will notify the Department of Revenue

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within 10 days of the decertification.

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(b) The Office of Tourism, Trade, and Economic Development

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shall order a decertified applicant to repay within 60 days the

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total amount of unencumbered state funds received by the

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applicant, and any interest earnings on these funds. These funds

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and their interest earnings shall be deposited in the Economic

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Development Trust Fund and segregated for future use in financing

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spring training facilities in Florida.

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(c) Disbursal of these returned funds to subsequently

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certified applicants shall be released by the Office of Tourism,

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Trade and Economic Development upon approval by the Legislative

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Budget Commission.

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(d) The Office of Tourism, Trade, and Economic Development

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may adopt rules pursuant to s. 120.536(1) and s. 120.54 to

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administer this subsection.

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(11) For the purpose of retaining the tradition of spring

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training baseball in Florida, by December 31, 2008, the Office of

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Tourism, Trade, and Economic Development shall develop a

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comprehensive strategic plan related to the:

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(a) Financing of spring training facilities;

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(b) Certification and decertification processes, including

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development of contract or funding agreement to be signed by the

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Office and local governments, including local governments

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currently certified;

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(c) Recovery of state funds from decertified local

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governments;

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(d) Monitoring and oversight of the state funds awarded to

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applicants;

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(e) Identification of the financial impact spring training

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has on the state of Florida;

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(e) Identification of efforts made by other states to

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develop or grow their baseball spring training efforts, and their

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effect on Florida's relationship with professional baseball; and

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(f) Legislative recommendations on how to sustain or improve

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Florida's spring training tradition.

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A copy of the strategic plan shall be submitted to the Governor,

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the President of the Senate, and the Speaker of the House of

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Representatives.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s)  37 after the semicolon    

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insert:

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amending s.288.1162, F.S.; revising provisions related to

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the financing for spring training facilities and

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relocation of baseball spring training franchises within

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Florida; requiring local governments who are certified to

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receive spring training funds to submit annual reports;

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providing for decertification of certified local

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governments; providing for return of unencumbered state

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funds and their disposition; providing for rulemaking;

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directing the Office of Tourism, Trade and Economic

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Development to develop a strategic plan on spring

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training-related issues; providing for copies of the plan

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to be distributed to the Governor and the Legislature;

4/15/2008  4:37:00 PM     CM.11.07704