HB 7045

1
A bill to be entitled
2An act relating to professional sports franchises;
3amending ss. 14.2015, 212.20, and 218.64, F.S., relating
4to the Office of Tourism, Trade, and Economic Development,
5the distribution of certain tax proceeds, and the
6allocation of a portion of the local government half-cent
7sales tax; conforming provisions to changes made by the
8act; conforming cross-references; amending s. 288.1162,
9F.S.; deleting provisions relating to the certification
10and funding of facilities for spring training franchises;
11authorizing the Auditor General to conduct audits to
12verify whether certain funds for professional sports
13franchises are used as required by law; requiring the
14Auditor General to notify the Department of Revenue if the
15funds are not used as required by law; creating s.
16288.11621, F.S.; authorizing certain units of local
17government to apply for certification to receive state
18funding for a facility for a spring training franchise;
19providing definitions; providing eligibility requirements;
20providing criteria to competitively evaluate applications
21for certification; requiring a certified applicant to use
22the funds awarded for specified public purposes; requiring
23certified applicants to submit annual reports to the
24Office of Tourism, Trade, and Economic Development;
25requiring the office to decertify applicants under certain
26circumstances; providing for review of the office's notice
27of intent to decertify an applicant; requiring an
28applicant to repay unencumbered state funds and interest
29after decertification; requiring the office to develop a
30strategic plan relating to baseball spring training
31activities; requiring the office to adopt rules;
32authorizing the Auditor General to conduct audits to
33verify whether certified funds for baseball spring
34training facilities are used as required by law; requiring
35the Auditor General to notify the Department of Revenue if
36the funds are not used as required by law; amending s.
37288.1229, F.S.; providing that the Office of Tourism,
38Trade, and Economic Development may authorize a direct-
39support organization to assist in the retention of
40professional sports franchises; providing an effective
41date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Paragraph (f) of subsection (2) of section
4614.2015, Florida Statutes, is amended to read:
47     14.2015  Office of Tourism, Trade, and Economic
48Development; creation; powers and duties.--
49     (2)  The purpose of the Office of Tourism, Trade, and
50Economic Development is to assist the Governor in working with
51the Legislature, state agencies, business leaders, and economic
52development professionals to formulate and implement coherent
53and consistent policies and strategies designed to provide
54economic opportunities for all Floridians. To accomplish such
55purposes, the Office of Tourism, Trade, and Economic Development
56shall:
57     (f)1.  Administer the Florida Enterprise Zone Act under ss.
58290.001-290.016, the community contribution tax credit program
59under ss. 220.183 and 624.5105, the tax refund program for
60qualified target industry businesses under s. 288.106, the tax-
61refund program for qualified defense contractors and space
62flight business contractors under s. 288.1045, contracts for
63transportation projects under s. 288.063, the sports franchise
64facility programs program under ss. 288.1162 and 288.11621 s.
65288.1162, the professional golf hall of fame facility program
66under s. 288.1168, the expedited permitting process under s.
67403.973, the Rural Community Development Revolving Loan Fund
68under s. 288.065, the Regional Rural Development Grants Program
69under s. 288.018, the Certified Capital Company Act under s.
70288.99, the Florida State Rural Development Council, the Rural
71Economic Development Initiative, and other programs that are
72specifically assigned to the office by law, by the
73appropriations process, or by the Governor. Notwithstanding any
74other provisions of law, the office may expend interest earned
75from the investment of program funds deposited in the Grants and
76Donations Trust Fund to contract for the administration of the
77programs, or portions of the programs, enumerated in this
78paragraph or assigned to the office by law, by the
79appropriations process, or by the Governor. Such expenditures
80shall be subject to review under chapter 216.
81     2.  The office may enter into contracts in connection with
82the fulfillment of its duties concerning the Florida First
83Business Bond Pool under chapter 159, tax incentives under
84chapters 212 and 220, tax incentives under the Certified Capital
85Company Act in chapter 288, foreign offices under chapter 288,
86the Enterprise Zone program under chapter 290, the Seaport
87Employment Training program under chapter 311, the Florida
88Professional Sports Team License Plates under chapter 320,
89Spaceport Florida under chapter 331, Expedited Permitting under
90chapter 403, and in carrying out other functions that are
91specifically assigned to the office by law, by the
92appropriations process, or by the Governor.
93     Section 2.  Paragraph (d) of subsection (6) of section
94212.20, Florida Statutes, is amended to read:
95     212.20  Funds collected, disposition; additional powers of
96department; operational expense; refund of taxes adjudicated
97unconstitutionally collected.--
98     (6)  Distribution of all proceeds under this chapter and s.
99202.18(1)(b) and (2)(b) shall be as follows:
100     (d)  The proceeds of all other taxes and fees imposed
101pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
102and (2)(b) shall be distributed as follows:
103     1.  In any fiscal year, the greater of $500 million, minus
104an amount equal to 4.6 percent of the proceeds of the taxes
105collected pursuant to chapter 201, or 5 percent of all other
106taxes and fees imposed pursuant to this chapter or remitted
107pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
108monthly installments into the General Revenue Fund.
109     2.  Two-tenths of one percent shall be transferred to the
110Ecosystem Management and Restoration Trust Fund to be used for
111water quality improvement and water restoration projects.
112     3.  After the distribution under subparagraphs 1. and 2.,
1138.814 percent of the amount remitted by a sales tax dealer
114located within a participating county pursuant to s. 218.61
115shall be transferred into the Local Government Half-cent Sales
116Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
117be transferred pursuant to this subparagraph to the Local
118Government Half-cent Sales Tax Clearing Trust Fund shall be
119reduced by 0.1 percent, and the department shall distribute this
120amount to the Public Employees Relations Commission Trust Fund
121less $5,000 each month, which shall be added to the amount
122calculated in subparagraph 4. and distributed accordingly.
123     4.  After the distribution under subparagraphs 1., 2., and
1243., 0.095 percent shall be transferred to the Local Government
125Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
126to s. 218.65.
127     5.  After the distributions under subparagraphs 1., 2., 3.,
128and 4., 2.0440 percent of the available proceeds pursuant to
129this paragraph shall be transferred monthly to the Revenue
130Sharing Trust Fund for Counties pursuant to s. 218.215.
131     6.  After the distributions under subparagraphs 1., 2., 3.,
132and 4., 1.3409 percent of the available proceeds pursuant to
133this paragraph shall be transferred monthly to the Revenue
134Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
135the total revenue to be distributed pursuant to this
136subparagraph is at least as great as the amount due from the
137Revenue Sharing Trust Fund for Municipalities and the former
138Municipal Financial Assistance Trust Fund in state fiscal year
1391999-2000, no municipality shall receive less than the amount
140due from the Revenue Sharing Trust Fund for Municipalities and
141the former Municipal Financial Assistance Trust Fund in state
142fiscal year 1999-2000. If the total proceeds to be distributed
143are less than the amount received in combination from the
144Revenue Sharing Trust Fund for Municipalities and the former
145Municipal Financial Assistance Trust Fund in state fiscal year
1461999-2000, each municipality shall receive an amount
147proportionate to the amount it was due in state fiscal year
1481999-2000.
149     7.  Of the remaining proceeds:
150     a.  In each fiscal year, the sum of $29,915,500 shall be
151divided into as many equal parts as there are counties in the
152state, and one part shall be distributed to each county. The
153distribution among the several counties shall begin each fiscal
154year on or before January 5th and shall continue monthly for a
155total of 4 months. If a local or special law required that any
156moneys accruing to a county in fiscal year 1999-2000 under the
157then-existing provisions of s. 550.135 be paid directly to the
158district school board, special district, or a municipal
159government, such payment shall continue until such time that the
160local or special law is amended or repealed. The state covenants
161with holders of bonds or other instruments of indebtedness
162issued by local governments, special districts, or district
163school boards prior to July 1, 2000, that it is not the intent
164of this subparagraph to adversely affect the rights of those
165holders or relieve local governments, special districts, or
166district school boards of the duty to meet their obligations as
167a result of previous pledges or assignments or trusts entered
168into which obligated funds received from the distribution to
169county governments under then-existing s. 550.135. This
170distribution specifically is in lieu of funds distributed under
171s. 550.135 prior to July 1, 2000.
172     b.  The department shall distribute $166,667 monthly
173pursuant to s. 288.1162 to each applicant that has been
174certified as a facility for a new or retained professional
175sports franchise "facility for a new professional sports
176franchise" or a "facility for a retained professional sports
177franchise" pursuant to s. 288.1162. Up to $41,667 shall be
178distributed monthly by the department to each certified
179applicant as defined in s. 288.11621 for a facility for a
180retained spring training franchise. that has been certified as a
181"facility for a retained spring training franchise" pursuant to
182s. 288.1162; However, not more than $416,670 may be distributed
183monthly in the aggregate to all certified applicants for
184facilities for a retained spring training franchises franchise.
185Distributions shall begin 60 days after following such
186certification and shall continue for not more than 30 years,
187except as otherwise provided by law. A certified applicant
188identified in this sub-subparagraph may not Nothing contained in
189this paragraph shall be construed to allow an applicant
190certified pursuant to s. 288.1162 to receive more in
191distributions than actually expended by the applicant for the
192public purposes provided for in s. 288.1162(5) or s.
193288.11621(3) s. 288.1162(6).
194     c.  Beginning 30 days after notice by the Office of
195Tourism, Trade, and Economic Development to the Department of
196Revenue that an applicant has been certified as the professional
197golf hall of fame pursuant to s. 288.1168 and is open to the
198public, $166,667 shall be distributed monthly, for up to 300
199months, to the applicant.
200     d.  Beginning 30 days after notice by the Office of
201Tourism, Trade, and Economic Development to the Department of
202Revenue that the applicant has been certified as the
203International Game Fish Association World Center facility
204pursuant to s. 288.1169, and the facility is open to the public,
205$83,333 shall be distributed monthly, for up to 168 months, to
206the applicant. This distribution is subject to reduction
207pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
208made, after certification and before July 1, 2000.
209     8.  All other proceeds shall remain with the General
210Revenue Fund.
211     Section 3.  Section 218.64, Florida Statutes, is amended to
212read:
213     218.64  Local government half-cent sales tax; uses;
214limitations.--
215     (1)  The proportion of the local government half-cent sales
216tax received by a county government based on two-thirds of the
217incorporated area population shall be deemed countywide revenues
218and shall be expended only for countywide tax relief or
219countywide programs. The remaining county government portion
220shall be deemed county revenues derived on behalf of the
221unincorporated area but may be expended on a countywide basis.
222     (2)  Municipalities shall expend their portions of the
223local government half-cent sales tax only for municipality-wide
224programs or for municipality-wide property tax or municipal
225utility tax relief. All utility tax rate reductions afforded by
226participation in the local government half-cent sales tax shall
227be applied uniformly across all types of taxed utility services.
228     (3)  Subject to ordinances enacted by the majority of the
229members of the county governing authority and by the majority of
230the members of the governing authorities of municipalities
231representing at least 50 percent of the municipal population of
232such county, counties may use up to $2 million annually of the
233local government half-cent sales tax allocated to that county
234for funding for any of the following applicants:
235     (a)  A certified applicant as a facility for a new or
236retained professional sports franchise under "facility for a new  
237professional sports franchise ," a "facility for a retained
238professional sports franchise," or a "facility for a retained
239spring training franchise," as provided for in s. 288.1162 or a
240certified applicant as defined s. 288.11621 for a facility for a
241spring training franchise. It is the Legislature's intent that
242the provisions of s. 288.1162, including, but not limited to,
243the evaluation process by the Office of Tourism, Trade, and
244Economic Development except for the limitation on the number of
245certified applicants or facilities as provided in that section
246and the restrictions set forth in s. 288.1162(8) s. 288.1162(9),
247shall apply to an applicant's facility to be funded by local
248government as provided in this subsection.
249     (b)  A certified applicant as a "motorsport entertainment
250complex," as provided for in s. 288.1171. Funding for each
251franchise or motorsport complex shall begin 60 days after
252certification and shall continue for not more than 30 years.
253     (4)  A local government is authorized to pledge proceeds of
254the local government half-cent sales tax for the payment of
255principal and interest on any capital project.
256     Section 4.  Section 288.1162, Florida Statutes, is amended
257to read:
258     288.1162  Professional sports franchises; spring training
259franchises; duties.--
260     (1)  The Office of Tourism, Trade, and Economic Development
261shall serve as the state agency for screening applicants for
262state funding under pursuant to s. 212.20 and for certifying an
263applicant as a facility for a new or retained professional
264sports franchise. "facility for a new professional sports
265franchise," a "facility for a retained professional sports
266franchise," or a "facility for a retained spring training
267franchise."
268     (2)  The Office of Tourism, Trade, and Economic Development
269shall develop rules for the receipt and processing of
270applications for funding under pursuant to s. 212.20.
271     (3)  As used in this section, the term:
272     (a)  "New professional sports franchise" means a
273professional sports franchise that is not based in this state
274before prior to April 1, 1987.
275     (b)  "Retained professional sports franchise" means a
276professional sports franchise that has had a league-authorized
277location in this state on or before December 31, 1976, and has
278continuously remained at that location, and has never been
279located at a facility that has been previously certified under
280any provision of this section.
281     (4)  Before Prior to certifying an applicant as a facility
282for a new or retained professional sports franchise, "facility
283for a new professional sports franchise" or a "facility for a
284retained professional sports franchise," the Office of Tourism,
285Trade, and Economic Development must determine that:
286     (a)  A "unit of local government" as defined in s. 218.369
287is responsible for the construction, management, or operation of
288the professional sports franchise facility or holds title to the
289property on which the professional sports franchise facility is
290located.
291     (b)  The applicant has a verified copy of a signed
292agreement with a new professional sports franchise for the use
293of the facility for a term of at least 10 years, or in the case
294of a retained professional sports franchise, an agreement for
295use of the facility for a term of at least 20 years.
296     (c)  The applicant has a verified copy of the approval from
297the governing authority of the league in which the new
298professional sports franchise exists authorizing the location of
299the professional sports franchise in this state after April 1,
3001987, or in the case of a retained professional sports
301franchise, verified evidence that it has had a league-authorized
302location in this state on or before December 31, 1976. As used
303in this section, the term "league" means the National League or
304the American League of Major League Baseball, the National
305Basketball Association, the National Football League, or the
306National Hockey League.
307     (d)  The applicant has projections, verified by the Office
308of Tourism, Trade, and Economic Development, which demonstrate
309that the new or retained professional sports franchise will
310attract a paid attendance of more than 300,000 annually.
311     (e)  The applicant has an independent analysis or study,
312verified by the Office of Tourism, Trade, and Economic
313Development, which demonstrates that the amount of the revenues
314generated by the taxes imposed under chapter 212 with respect to
315the use and operation of the professional sports franchise
316facility will equal or exceed $2 million annually.
317     (f)  The municipality in which the facility for a new or
318retained professional sports franchise is located, or the county
319if the facility for a new or retained professional sports
320franchise is located in an unincorporated area, has certified by
321resolution after a public hearing that the application serves a
322public purpose.
323     (g)  The applicant has demonstrated that it has provided,
324is capable of providing, or has financial or other commitments
325to provide more than one-half of the costs incurred or related
326to the improvement and development of the facility.
327     (h)  An No applicant previously certified under any
328provision of this section who has received funding under such
329certification is not shall be eligible for an additional
330certification.
331     (5)(a)  As used in this section, the term "retained spring
332training franchise" means a spring training franchise that has
333been based in this state prior to January 1, 2000.
334     (b)  Prior to certifying an applicant as a "facility for a
335retained spring training franchise," the Office of Tourism,
336Trade, and Economic Development must determine that:
337     1.  A "unit of local government" as defined in s. 218.369
338is responsible for the acquisition, construction, management, or
339operation of the facility for a retained spring training
340franchise or holds title to the property on which the facility
341for a retained spring training franchise is located.
342     2.  The applicant has a verified copy of a signed agreement
343with a retained spring training franchise for the use of the
344facility for a term of at least 15 years.
345     3.  The applicant has a financial commitment to provide 50
346percent or more of the funds required by an agreement for the
347acquisition, construction, or renovation of the facility for a
348retained spring training franchise. The agreement can be
349contingent upon the awarding of funds under this section and
350other conditions precedent to use by the spring training
351franchise.
352     4.  The applicant has projections, verified by the Office
353of Tourism, Trade, and Economic Development, which demonstrate
354that the facility for a retained spring training franchise will
355attract a paid attendance of at least 50,000 annually.
356     5.  The facility for a retained spring training franchise
357is located in a county that is levying a tourist development tax
358pursuant to s. 125.0104.
359     (c)1.  The Office of Tourism, Trade, and Economic
360Development shall competitively evaluate applications for
361funding of a facility for a retained spring training franchise.
362Applications must be submitted by October 1, 2000, with
363certifications to be made by January 1, 2001. If the number of
364applicants exceeds five and the aggregate funding request of all
365applications exceeds $208,335 per month, the office shall rank
366the applications according to a selection criteria, certifying
367the highest ranked proposals. The evaluation criteria shall
368include, with priority given in descending order to the
369following items:
370     a.  The intended use of the funds by the applicant, with
371priority given to the construction of a new facility.
372     b.  The length of time that the existing franchise has been
373located in the state, with priority given to retaining
374franchises that have been in the same location the longest.
375     c.  The length of time that a facility to be used by a
376retained spring training franchise has been used by one or more
377spring training franchises, with priority given to a facility
378that has been in continuous use as a facility for spring
379training the longest.
380     d.  For those teams leasing a spring training facility from
381a unit of local government, the remaining time on the lease for
382facilities used by the spring training franchise, with priority
383given to the shortest time period remaining on the lease.
384     e.  The duration of the future-use agreement with the
385retained spring training franchise, with priority given to the
386future-use agreement having the longest duration.
387     f.  The amount of the local match, with priority given to
388the largest percentage of local match proposed.
389     g.  The net increase of total active recreation space owned
390by the applying unit of local government following the
391acquisition of land for the spring training facility, with
392priority given to the largest percentage increase of total
393active recreation space.
394     h.  The location of the facility in a brownfield, an
395enterprise zone, a community redevelopment area, or other area
396of targeted development or revitalization included in an Urban
397Infill Redevelopment Plan, with priority given to facilities
398located in these areas.
399     i.  The projections on paid attendance attracted by the
400facility and the proposed effect on the economy of the local
401community, with priority given to the highest projected paid
402attendance.
403     2.  Beginning July 1, 2006, the Office of Tourism, Trade,
404and Economic Development shall competitively evaluate
405applications for funding of facilities for retained spring
406training franchises in addition to those certified and funded
407under subparagraph 1. An applicant that is a unit of government
408that has an agreement for a retained spring training franchise
409for 15 or more years which was entered into between July 1,
4102003, and July 1, 2004, shall be eligible for funding.
411Applications must be submitted by October 1, 2006, with
412certifications to be made by January 1, 2007. The office shall
413rank the applications according to selection criteria,
414certifying no more than five proposals. The aggregate funding
415request of all applicants certified shall not exceed an
416aggregate funding request of $208,335 per month. The evaluation
417criteria shall include the following, with priority given in
418descending order:
419     a.  The intended use of the funds by the applicant for
420acquisition or construction of a new facility.
421     b.  The intended use of the funds by the applicant to
422renovate a facility.
423     c.  The length of time that a facility to be used by a
424retained spring training franchise has been used by one or more
425spring training franchises, with priority given to a facility
426that has been in continuous use as a facility for spring
427training the longest.
428     d.  For those teams leasing a spring training facility from
429a unit of local government, the remaining time on the lease for
430facilities used by the spring training franchise, with priority
431given to the shortest time period remaining on the lease. For
432consideration under this subparagraph, the remaining time on the
433lease shall not exceed 5 years, unless an agreement of 15 years
434or more was entered into between July 1, 2003, and July 1, 2004.
435     e.  The duration of the future-use agreement with the
436retained spring training franchise, with priority given to the
437future-use agreement having the longest duration.
438     f.  The amount of the local match, with priority given to
439the largest percentage of local match proposed.
440     g.  The net increase of total active recreation space owned
441by the applying unit of local government following the
442acquisition of land for the spring training facility, with
443priority given to the largest percentage increase of total
444active recreation space.
445     h.  The location of the facility in a brownfield area, an
446enterprise zone, a community redevelopment area, or another area
447of targeted development or revitalization included in an urban
448infill redevelopment plan, with priority given to facilities
449located in those areas.
450     i.  The projections on paid attendance attracted by the
451facility and the proposed effect on the economy of the local
452community, with priority given to the highest projected paid
453attendance.
454     (d)  Funds may not be expended to subsidize privately owned
455and maintained facilities for use by the spring training
456franchise. Funds may be used to relocate a retained spring
457training franchise to another unit of local government only if
458the existing unit of local government with the retained spring
459training franchise agrees to the relocation.
460     (5)(6)  An applicant certified as a facility for a new or
461retained professional sports franchise or a facility for a
462retained professional sports franchise or as a facility for a
463retained spring training franchise may use funds provided under
464pursuant to s. 212.20 only for the public purpose of paying for
465the acquisition, construction, reconstruction, or renovation of
466a facility for a new or retained professional sports franchise,
467a facility for a retained professional sports franchise, or a
468facility for a retained spring training franchise or to pay or
469pledge for the payment of debt service on, or to fund debt
470service reserve funds, arbitrage rebate obligations, or other
471amounts payable with respect to, bonds issued for the
472acquisition, construction, reconstruction, or renovation of such
473facility or for the reimbursement of such costs or the
474refinancing of bonds issued for such purposes.
475     (6)(7)(a)  The Office of Tourism, Trade, and Economic
476Development shall notify the Department of Revenue of any
477facility certified as a facility for a new or retained
478professional sports franchise or a facility for a retained
479professional sports franchise or as a facility for a retained
480spring training franchise. The Office of Tourism, Trade, and
481Economic Development shall certify no more than eight facilities
482as facilities for a new professional sports franchise or as
483facilities for a retained professional sports franchise,
484including in the such total any facilities certified by the
485Department of Commerce before July 1, 1996. The number of
486facilities certified as a retained spring training franchise
487shall be as provided in subsection (5). The office may make no
488more than one certification for any facility. The office may not
489certify funding for less than the requested amount to any
490applicant certified as a facility for a retained spring training
491franchise.
492     (b)  The eighth certification of an applicant under this
493section as a facility for a new or retained professional sports
494franchise or a facility for a retained professional sports
495franchise shall be for a franchise that is a member of the
496National Basketball Association, has been located within the
497state since 1987, and has not been previously certified. This
498paragraph is repealed July 1, 2010.
499     (7)(8)  The Auditor General Department of Revenue may
500conduct audits audit as provided in s. 11.45 s. 213.34 to verify
501that the distributions under pursuant to this section are have
502been expended as required in this section. Such information is
503subject to the confidentiality requirements of chapter 213. If
504the Auditor General Department of Revenue determines that the
505distributions under pursuant to this section are have not been
506expended as required by this section, the Auditor General shall
507notify the Department of Revenue, which it may pursue recovery
508of the such funds under pursuant to the laws and rules governing
509the assessment of taxes.
510     (8)(9)  An applicant is not qualified for certification
511under this section if the franchise formed the basis for a
512previous certification, unless the previous certification was
513withdrawn by the facility or invalidated by the Office of
514Tourism, Trade, and Economic Development or the Department of
515Commerce before any funds were distributed under pursuant to s.
516212.20. This subsection does not disqualify an applicant if the
517previous certification occurred between May 23, 1993, and May
51825, 1993; however, any funds to be distributed under pursuant to
519s. 212.20 for the second certification shall be offset by the
520amount distributed to the previous certified facility.
521Distribution of funds for the second certification shall not be
522made until all amounts payable for the first certification are
523have been distributed.
524     Section 5.  Section 288.11621, Florida Statutes, is created
525to read:
526     288.11621  Spring training baseball facilities.--
527     (1)  DEFINITIONS.--As used in this section, the term:
528     (a)  "Applicant" means a unit of local government as
529defined in s. 218.369.
530     (b)  "Certified applicant" means a facility for a spring
531training franchise that was certified before July 1, 2009, under
532s. 288.1162(5), Florida Statutes 2008, or a unit of local
533government that is certified under this section.
534     (c)  "Facility" means a spring training stadium, playing
535fields, and appurtenances intended to support spring training
536activities.
537     (d)  "Office" means the Office of Tourism, Trade, and
538Economic Development.
539     (2)  CERTIFICATION PROCESS.--
540     (a)  Before certifying an applicant to receive state
541funding for a facility for a spring training franchise, the
542office must verify that:
543     1.  The applicant is responsible for the acquisition,
544construction, management, or operation of the facility for a
545spring training franchise or holds title to the property on
546which the facility for a spring training franchise is located.
547     2.  The applicant has a certified copy of a signed
548agreement with a spring training franchise for the use of the
549facility for a term of at least 20 years. The agreement also
550must require the franchise to reimburse the state for state
551funds expended by an applicant under this section if the
552franchise relocates before the agreement expires. The agreement
553may be contingent on an award of funds under this section and
554other conditions precedent.
555     3.  The applicant has made a financial commitment to
556provide 50 percent or more of the funds required by an agreement
557for the acquisition, construction, or renovation of the facility
558for a spring training franchise. The commitment may be
559contingent upon an award of funds under this section and other
560conditions precedent.
561     4.  The applicant demonstrates that the facility for a
562spring training franchise will attract a paid attendance of at
563least 50,000 annually to the spring training games.
564     5.  The facility for a spring training franchise is located
565in a county that levies a tourist development tax under s.
566125.0104.
567     (b)  The office shall competitively evaluate applications
568for state funding of a facility for a spring training franchise.
569The total number of certifications may not exceed 10 at any
570time. The evaluation criteria must include, with priority given
571in descending order, the following items:
572     1.  The anticipated effect on the economy of the local
573community where the spring training facility is to be built,
574including projections on paid attendance, local and state tax
575collections generated by spring training games, and direct and
576indirect job creation resulting from the spring training
577activities. Priority shall be given to applicants who can
578demonstrate the largest projected economic impact.
579     2.  The amount of the local matching funds committed to a
580facility relative to the amount of state funding sought, with
581priority given to applicants that commit the largest amount of
582local matching funds relative to the amount of state funding
583sought.
584     3.  The potential for the facility to serve multiple uses.
585     4.  The intended use of the funds by the applicant, with
586priority given to the funds being used to acquire a facility,
587construct a new facility, or renovate an existing facility.
588     5.  The length of time that a spring training franchise has
589been under an agreement to conduct spring training activities
590within an applicant's geographical jurisdiction, with priority
591given to applicants having agreements with the same franchise
592for the longest period of time.
593     6.  The length of time that an applicant's facility has
594been used by one or more spring training franchises, with
595priority given to applicants whose facilities have been in
596continuous use as facilities for spring training the longest.
597     7.  The term remaining on a lease between an applicant and
598a spring training franchise for a facility, with priority given
599to applicants having the shortest lease terms remaining.
600     8.  The length of time that a spring training franchise
601agrees to use an applicant's facility if an application is
602granted under this section, with priority given to applicants
603having agreements for the longest future use.
604     9.  The net increase of total active recreation space owned
605by the applicant after an acquisition of land for the facility,
606with priority given to applicants having the largest percentage
607increase of total active recreation space.
608     10.  The location of the facility in a brownfield, an
609enterprise zone, a community redevelopment area, or other area
610of targeted development or revitalization included in an urban
611infill redevelopment plan, with priority given to applicants
612having facilities located in these areas.
613     (c)  Applicants that are certified on or after July 1,
6142009, shall enter into an agreement with the office that:
615     1.  Specifies the amount of the state incentive funding to
616be distributed.
617     2.  States the criteria that the certified applicant must
618meet in order to remain certified.
619     3.  States that the certified applicant is subject to
620decertification if the certified applicant fails to comply with
621this section or the agreement.
622     4.  States that the office may recover state incentive
623funds if the certified applicant is decertified.
624     5.  Specifies information that the certified applicant must
625report to the office.
626     6.  Includes any provision deemed prudent by the office.
627     (3)  USE OF FUNDS.--
628     (a)  A certified applicant may use funds provided under s.
629212.20(6)(d)7.b. only to:
630     1.  Serve the public purpose of acquiring, constructing,
631reconstructing, or renovating a facility for a spring training
632franchise.
633     2.  Pay or pledge for the payment of debt service on, or to
634fund debt service reserve funds, arbitrage rebate obligations,
635or other amounts payable with respect thereto, bonds issued for
636the acquisition, construction, reconstruction, or renovation of
637such facility, or for the reimbursement of such costs or the
638refinancing of bonds issued for such purposes.
639     3.  Assist in the relocation of a spring training franchise
640from one unit of local government to another only if the
641governing board of the current host local government by a
642majority vote agrees to the relocation.
643     (b)  State funds awarded to a certified applicant for a
644facility for a spring training franchise may not be used to
645subsidize facilities that are privately owned and maintained and
646that are used only by a spring training franchise.
647     (c)  The Department of Revenue may not distribute funds to
648an applicant certified on or after July 1, 2009, until it
649receives notice from the office that the certified applicant has
650encumbered funds under subparagraph (a)2.
651     (d)  All certified applicants must place unexpended funds
652received under s. 212.20(6)(d)7.b. in a trust fund for use only
653as authorized in this section.
654     (4)  ANNUAL REPORTS.--On or before September 1 of each
655year, a certified applicant shall submit to the office a report
656that includes, but is not limited to:
657     (a)  A copy of its most recent annual audit.
658     (b)  A detailed report on all local and state funds
659expended to date on the project being financed under this
660section.
661     (c)  A copy of the contract between the certified local
662governmental entity and the spring training team.
663     (d)  A cost-benefit analysis of the team's impact on the
664community.
665     (e)  Evidence that the certified applicant continues to
666meet the criteria in paragraph (2)(a).
667     (5)  DECERTIFICATION.--
668     (a)  The office shall decertify a certified applicant upon
669the request of the certified applicant.
670     (b)  The office shall decertify a certified applicant if
671the certified applicant does not:
672     1.  Have a valid agreement with a spring training
673franchise; or
674     2.  Satisfy its commitment to provide local matching funds
675to the facility.
676     (c)  A certified applicant has 60 days after it receives a
677notice of intent to decertify from the office to petition the
678office's executive director for review of the decertification.
679Within 45 days after receipt of the request for review, the
680executive director must notify a certified applicant of the
681outcome of the review.
682     (d)  The office shall notify the Department of Revenue that
683a certified applicant is decertified within 10 days after the
684order of decertification becomes final. The Department of
685Revenue shall immediately stop the payment of any funds under
686this section that were not encumbered by the certified applicant
687under subparagraph (3)(a)2.
688     (e)  The office shall order a decertified applicant to
689repay all of the unencumbered state funds that the local
690government received under this section and any interest that
691accrued on those funds. The repayment must be made within 60
692days after the decertification order becomes final. These funds
693shall be deposited into the General Revenue Fund.
694     (6)  ADDITIONAL CERTIFICATIONS.--If the office decertifies
695a unit of local government, the office may accept applications
696for an additional certification. A unit of local government may
697not be certified for more than one spring training franchise at
698a time.
699     (7)  STRATEGIC PLANNING.--
700     (a)  The office shall request assistance from the Florida
701Sports Foundation and the Florida Grapefruit League Association
702to develop a comprehensive strategic plan to:
703     1.  Finance spring training facilities.
704     2.  Monitor and oversee the use of state funds awarded to
705applicants.
706     3.  Identify the financial impact that spring training has
707on the state and ways in which to maintain or improve that
708impact.
709     4.  Identify opportunities to develop public-private
710partnerships to engage in marketing activities and advertise
711spring training baseball.
712     5.  Identify efforts made by other states to maintain or
713develop partnerships with baseball spring training teams.
714     6.  Develop recommendations for the Legislature to sustain
715or improve this state's spring training tradition.
716     (b)  The office shall submit a copy of the strategic plan
717to the Governor, the President of the Senate, and the Speaker of
718the House of Representatives by December 31, 2009.
719     (8)  RULEMAKING.--The office shall adopt rules to implement
720the certification, decertification, and decertification review
721processes required by this section.
722     (9)  AUDITS.--The Auditor General may conduct audits as
723provided in s. 11.45 to verify that the distributions under this
724section are expended as required in this section. If the Auditor
725General determines that the distributions under this section are
726not expended as required by this section, the Auditor General
727shall notify the Department of Revenue, which may pursue
728recovery of the funds under the laws and rules governing the
729assessment of taxes.
730     Section 6.  Subsection (1) of section 288.1229, Florida
731Statutes, is amended to read:
732     288.1229  Promotion and development of sports-related
733industries and amateur athletics; direct-support organization;
734powers and duties.--
735     (1)  The Office of Tourism, Trade, and Economic Development
736may authorize a direct-support organization to assist the office
737in:
738     (a)  The promotion and development of the sports industry
739and related industries for the purpose of improving the economic
740presence of these industries in Florida.
741     (b)  The promotion of amateur athletic participation for
742the citizens of Florida and the promotion of Florida as a host
743for national and international amateur athletic competitions for
744the purpose of encouraging and increasing the direct and
745ancillary economic benefits of amateur athletic events and
746competitions.
747     (c)  The retention of professional sports franchises,
748including the spring training operations of Major League
749Baseball.
750     Section 7.  This act shall take effect July 1, 2009.


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