CS/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 and place
23unexpended funds in a trust fund; authorizing a certified
24applicant to request a suspension of the distribution of
25funds for a specified period under certain circumstances;
26requiring the expenditure of funds by certain certified
27applicants within a specified period; requiring the
28completion of certain spring training facility projects
29within a specified period; requiring certified applicants
30to submit annual reports to the Office of Tourism, Trade,
31and Economic Development; requiring the office to
32decertify applicants under certain circumstances;
33providing for delay in decertification proceedings for
34local governments certified before a specified date under
35certain circumstances; providing for review of the
36office's notice of intent to decertify an applicant;
37requiring an applicant to repay unencumbered state funds
38and interest after decertification; requiring the office
39to develop a strategic plan relating to baseball spring
40training activities; requiring the office to adopt rules;
41authorizing the Auditor General to conduct audits to
42verify whether certified funds for baseball spring
43training facilities are used as required by law; requiring
44the Auditor General to notify the Department of Revenue if
45the funds are not used as required by law; amending s.
46288.1229, F.S.; providing that the Office of Tourism,
47Trade, and Economic Development may authorize a direct-
48support organization to assist in the retention of
49professional sports franchises; providing an effective
50date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Paragraph (f) of subsection (2) of section
5514.2015, Florida Statutes, is amended to read:
56     14.2015  Office of Tourism, Trade, and Economic
57Development; creation; powers and duties.--
58     (2)  The purpose of the Office of Tourism, Trade, and
59Economic Development is to assist the Governor in working with
60the Legislature, state agencies, business leaders, and economic
61development professionals to formulate and implement coherent
62and consistent policies and strategies designed to provide
63economic opportunities for all Floridians. To accomplish such
64purposes, the Office of Tourism, Trade, and Economic Development
65shall:
66     (f)1.  Administer the Florida Enterprise Zone Act under ss.
67290.001-290.016, the community contribution tax credit program
68under ss. 220.183 and 624.5105, the tax refund program for
69qualified target industry businesses under s. 288.106, the tax-
70refund program for qualified defense contractors and space
71flight business contractors under s. 288.1045, contracts for
72transportation projects under s. 288.063, the sports franchise
73facility programs program under ss. 288.1162 and 288.11621 s.
74288.1162, the professional golf hall of fame facility program
75under s. 288.1168, the expedited permitting process under s.
76403.973, the Rural Community Development Revolving Loan Fund
77under s. 288.065, the Regional Rural Development Grants Program
78under s. 288.018, the Certified Capital Company Act under s.
79288.99, the Florida State Rural Development Council, the Rural
80Economic Development Initiative, and other programs that are
81specifically assigned to the office by law, by the
82appropriations process, or by the Governor. Notwithstanding any
83other provisions of law, the office may expend interest earned
84from the investment of program funds deposited in the Grants and
85Donations Trust Fund to contract for the administration of the
86programs, or portions of the programs, enumerated in this
87paragraph or assigned to the office by law, by the
88appropriations process, or by the Governor. Such expenditures
89shall be subject to review under chapter 216.
90     2.  The office may enter into contracts in connection with
91the fulfillment of its duties concerning the Florida First
92Business Bond Pool under chapter 159, tax incentives under
93chapters 212 and 220, tax incentives under the Certified Capital
94Company Act in chapter 288, foreign offices under chapter 288,
95the Enterprise Zone program under chapter 290, the Seaport
96Employment Training program under chapter 311, the Florida
97Professional Sports Team License Plates under chapter 320,
98Spaceport Florida under chapter 331, Expedited Permitting under
99chapter 403, and in carrying out other functions that are
100specifically assigned to the office by law, by the
101appropriations process, or by the Governor.
102     Section 2.  Paragraph (d) of subsection (6) of section
103212.20, Florida Statutes, is amended to read:
104     212.20  Funds collected, disposition; additional powers of
105department; operational expense; refund of taxes adjudicated
106unconstitutionally collected.--
107     (6)  Distribution of all proceeds under this chapter and s.
108202.18(1)(b) and (2)(b) shall be as follows:
109     (d)  The proceeds of all other taxes and fees imposed
110pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
111and (2)(b) shall be distributed as follows:
112     1.  In any fiscal year, the greater of $500 million, minus
113an amount equal to 4.6 percent of the proceeds of the taxes
114collected pursuant to chapter 201, or 5 percent of all other
115taxes and fees imposed pursuant to this chapter or remitted
116pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
117monthly installments into the General Revenue Fund.
118     2.  Two-tenths of one percent shall be transferred to the
119Ecosystem Management and Restoration Trust Fund to be used for
120water quality improvement and water restoration projects.
121     3.  After the distribution under subparagraphs 1. and 2.,
1228.814 percent of the amount remitted by a sales tax dealer
123located within a participating county pursuant to s. 218.61
124shall be transferred into the Local Government Half-cent Sales
125Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
126be transferred pursuant to this subparagraph to the Local
127Government Half-cent Sales Tax Clearing Trust Fund shall be
128reduced by 0.1 percent, and the department shall distribute this
129amount to the Public Employees Relations Commission Trust Fund
130less $5,000 each month, which shall be added to the amount
131calculated in subparagraph 4. and distributed accordingly.
132     4.  After the distribution under subparagraphs 1., 2., and
1333., 0.095 percent shall be transferred to the Local Government
134Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
135to s. 218.65.
136     5.  After the distributions under subparagraphs 1., 2., 3.,
137and 4., 2.0440 percent of the available proceeds pursuant to
138this paragraph shall be transferred monthly to the Revenue
139Sharing Trust Fund for Counties pursuant to s. 218.215.
140     6.  After the distributions under subparagraphs 1., 2., 3.,
141and 4., 1.3409 percent of the available proceeds pursuant to
142this paragraph shall be transferred monthly to the Revenue
143Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
144the total revenue to be distributed pursuant to this
145subparagraph is at least as great as the amount due from the
146Revenue Sharing Trust Fund for Municipalities and the former
147Municipal Financial Assistance Trust Fund in state fiscal year
1481999-2000, no municipality shall receive less than the amount
149due from the Revenue Sharing Trust Fund for Municipalities and
150the former Municipal Financial Assistance Trust Fund in state
151fiscal year 1999-2000. If the total proceeds to be distributed
152are less than the amount received in combination from the
153Revenue Sharing Trust Fund for Municipalities and the former
154Municipal Financial Assistance Trust Fund in state fiscal year
1551999-2000, each municipality shall receive an amount
156proportionate to the amount it was due in state fiscal year
1571999-2000.
158     7.  Of the remaining proceeds:
159     a.  In each fiscal year, the sum of $29,915,500 shall be
160divided into as many equal parts as there are counties in the
161state, and one part shall be distributed to each county. The
162distribution among the several counties shall begin each fiscal
163year on or before January 5th and shall continue monthly for a
164total of 4 months. If a local or special law required that any
165moneys accruing to a county in fiscal year 1999-2000 under the
166then-existing provisions of s. 550.135 be paid directly to the
167district school board, special district, or a municipal
168government, such payment shall continue until such time that the
169local or special law is amended or repealed. The state covenants
170with holders of bonds or other instruments of indebtedness
171issued by local governments, special districts, or district
172school boards prior to July 1, 2000, that it is not the intent
173of this subparagraph to adversely affect the rights of those
174holders or relieve local governments, special districts, or
175district school boards of the duty to meet their obligations as
176a result of previous pledges or assignments or trusts entered
177into which obligated funds received from the distribution to
178county governments under then-existing s. 550.135. This
179distribution specifically is in lieu of funds distributed under
180s. 550.135 prior to July 1, 2000.
181     b.  The department shall distribute $166,667 monthly
182pursuant to s. 288.1162 to each applicant that has been
183certified as a facility for a new or retained professional
184sports franchise "facility for a new professional sports
185franchise" or a "facility for a retained professional sports
186franchise" pursuant to s. 288.1162. Up to $41,667 shall be
187distributed monthly by the department to each certified
188applicant as defined in s. 288.11621 for a facility for a
189retained spring training franchise. that has been certified as a
190"facility for a retained spring training franchise" pursuant to
191s. 288.1162; However, not more than $416,670 may be distributed
192monthly in the aggregate to all certified applicants for
193facilities for a retained spring training franchises franchise.
194Distributions shall begin 60 days after following such
195certification and shall continue for not more than 30 years,
196except as otherwise provided in s. 288.11621. A certified
197applicant identified in this sub-subparagraph may not Nothing
198contained in this paragraph shall be construed to allow an
199applicant certified pursuant to s. 288.1162 to receive more in
200distributions than actually expended by the applicant for the
201public purposes provided for in s. 288.1162(5) or s.
202288.11621(3) s. 288.1162(6).
203     c.  Beginning 30 days after notice by the Office of
204Tourism, Trade, and Economic Development to the Department of
205Revenue that an applicant has been certified as the professional
206golf hall of fame pursuant to s. 288.1168 and is open to the
207public, $166,667 shall be distributed monthly, for up to 300
208months, to the applicant.
209     d.  Beginning 30 days after notice by the Office of
210Tourism, Trade, and Economic Development to the Department of
211Revenue that the applicant has been certified as the
212International Game Fish Association World Center facility
213pursuant to s. 288.1169, and the facility is open to the public,
214$83,333 shall be distributed monthly, for up to 168 months, to
215the applicant. This distribution is subject to reduction
216pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
217made, after certification and before July 1, 2000.
218     8.  All other proceeds shall remain with the General
219Revenue Fund.
220     Section 3.  Section 218.64, Florida Statutes, is amended to
221read:
222     218.64  Local government half-cent sales tax; uses;
223limitations.--
224     (1)  The proportion of the local government half-cent sales
225tax received by a county government based on two-thirds of the
226incorporated area population shall be deemed countywide revenues
227and shall be expended only for countywide tax relief or
228countywide programs. The remaining county government portion
229shall be deemed county revenues derived on behalf of the
230unincorporated area but may be expended on a countywide basis.
231     (2)  Municipalities shall expend their portions of the
232local government half-cent sales tax only for municipality-wide
233programs or for municipality-wide property tax or municipal
234utility tax relief. All utility tax rate reductions afforded by
235participation in the local government half-cent sales tax shall
236be applied uniformly across all types of taxed utility services.
237     (3)  Subject to ordinances enacted by the majority of the
238members of the county governing authority and by the majority of
239the members of the governing authorities of municipalities
240representing at least 50 percent of the municipal population of
241such county, counties may use up to $2 million annually of the
242local government half-cent sales tax allocated to that county
243for funding for any of the following applicants:
244     (a)  A certified applicant as a facility for a new or
245retained professional sports franchise under "facility for a new  
246professional sports franchise ," a "facility for a retained
247professional sports franchise," or a "facility for a retained
248spring training franchise," as provided for in s. 288.1162 or a
249certified applicant as defined s. 288.11621 for a facility for a
250spring training franchise. It is the Legislature's intent that
251the provisions of s. 288.1162, including, but not limited to,
252the evaluation process by the Office of Tourism, Trade, and
253Economic Development except for the limitation on the number of
254certified applicants or facilities as provided in that section
255and the restrictions set forth in s. 288.1162(8) s. 288.1162(9),
256shall apply to an applicant's facility to be funded by local
257government as provided in this subsection.
258     (b)  A certified applicant as a "motorsport entertainment
259complex," as provided for in s. 288.1171. Funding for each
260franchise or motorsport complex shall begin 60 days after
261certification and shall continue for not more than 30 years.
262     (4)  A local government is authorized to pledge proceeds of
263the local government half-cent sales tax for the payment of
264principal and interest on any capital project.
265     Section 4.  Section 288.1162, Florida Statutes, is amended
266to read:
267     288.1162  Professional sports franchises; spring training
268franchises; duties.--
269     (1)  The Office of Tourism, Trade, and Economic Development
270shall serve as the state agency for screening applicants for
271state funding under pursuant to s. 212.20 and for certifying an
272applicant as a facility for a new or retained professional
273sports franchise. "facility for a new professional sports
274franchise," a "facility for a retained professional sports
275franchise," or a "facility for a retained spring training
276franchise."
277     (2)  The Office of Tourism, Trade, and Economic Development
278shall develop rules for the receipt and processing of
279applications for funding under pursuant to s. 212.20.
280     (3)  As used in this section, the term:
281     (a)  "New professional sports franchise" means a
282professional sports franchise that is not based in this state
283before prior to April 1, 1987.
284     (b)  "Retained professional sports franchise" means a
285professional sports franchise that has had a league-authorized
286location in this state on or before December 31, 1976, and has
287continuously remained at that location, and has never been
288located at a facility that has been previously certified under
289any provision of this section.
290     (4)  Before Prior to certifying an applicant as a facility
291for a new or retained professional sports franchise, "facility
292for a new professional sports franchise" or a "facility for a
293retained professional sports franchise," the Office of Tourism,
294Trade, and Economic Development must determine that:
295     (a)  A "unit of local government" as defined in s. 218.369
296is responsible for the construction, management, or operation of
297the professional sports franchise facility or holds title to the
298property on which the professional sports franchise facility is
299located.
300     (b)  The applicant has a verified copy of a signed
301agreement with a new professional sports franchise for the use
302of the facility for a term of at least 10 years, or in the case
303of a retained professional sports franchise, an agreement for
304use of the facility for a term of at least 20 years.
305     (c)  The applicant has a verified copy of the approval from
306the governing authority of the league in which the new
307professional sports franchise exists authorizing the location of
308the professional sports franchise in this state after April 1,
3091987, or in the case of a retained professional sports
310franchise, verified evidence that it has had a league-authorized
311location in this state on or before December 31, 1976. As used
312in this section, the term "league" means the National League or
313the American League of Major League Baseball, the National
314Basketball Association, the National Football League, or the
315National Hockey League.
316     (d)  The applicant has projections, verified by the Office
317of Tourism, Trade, and Economic Development, which demonstrate
318that the new or retained professional sports franchise will
319attract a paid attendance of more than 300,000 annually.
320     (e)  The applicant has an independent analysis or study,
321verified by the Office of Tourism, Trade, and Economic
322Development, which demonstrates that the amount of the revenues
323generated by the taxes imposed under chapter 212 with respect to
324the use and operation of the professional sports franchise
325facility will equal or exceed $2 million annually.
326     (f)  The municipality in which the facility for a new or
327retained professional sports franchise is located, or the county
328if the facility for a new or retained professional sports
329franchise is located in an unincorporated area, has certified by
330resolution after a public hearing that the application serves a
331public purpose.
332     (g)  The applicant has demonstrated that it has provided,
333is capable of providing, or has financial or other commitments
334to provide more than one-half of the costs incurred or related
335to the improvement and development of the facility.
336     (h)  An No applicant previously certified under any
337provision of this section who has received funding under such
338certification is not shall be eligible for an additional
339certification.
340     (5)(a)  As used in this section, the term "retained spring
341training franchise" means a spring training franchise that has
342been based in this state prior to January 1, 2000.
343     (b)  Prior to certifying an applicant as a "facility for a
344retained spring training franchise," the Office of Tourism,
345Trade, and Economic Development must determine that:
346     1.  A "unit of local government" as defined in s. 218.369
347is responsible for the acquisition, construction, management, or
348operation of the facility for a retained spring training
349franchise or holds title to the property on which the facility
350for a retained spring training franchise is located.
351     2.  The applicant has a verified copy of a signed agreement
352with a retained spring training franchise for the use of the
353facility for a term of at least 15 years.
354     3.  The applicant has a financial commitment to provide 50
355percent or more of the funds required by an agreement for the
356acquisition, construction, or renovation of the facility for a
357retained spring training franchise. The agreement can be
358contingent upon the awarding of funds under this section and
359other conditions precedent to use by the spring training
360franchise.
361     4.  The applicant has projections, verified by the Office
362of Tourism, Trade, and Economic Development, which demonstrate
363that the facility for a retained spring training franchise will
364attract a paid attendance of at least 50,000 annually.
365     5.  The facility for a retained spring training franchise
366is located in a county that is levying a tourist development tax
367pursuant to s. 125.0104.
368     (c)1.  The Office of Tourism, Trade, and Economic
369Development shall competitively evaluate applications for
370funding of a facility for a retained spring training franchise.
371Applications must be submitted by October 1, 2000, with
372certifications to be made by January 1, 2001. If the number of
373applicants exceeds five and the aggregate funding request of all
374applications exceeds $208,335 per month, the office shall rank
375the applications according to a selection criteria, certifying
376the highest ranked proposals. The evaluation criteria shall
377include, with priority given in descending order to the
378following items:
379     a.  The intended use of the funds by the applicant, with
380priority given to the construction of a new facility.
381     b.  The length of time that the existing franchise has been
382located in the state, with priority given to retaining
383franchises that have been in the same location the longest.
384     c.  The length of time that a facility to be used by a
385retained spring training franchise has been used by one or more
386spring training franchises, with priority given to a facility
387that has been in continuous use as a facility for spring
388training the longest.
389     d.  For those teams leasing a spring training facility from
390a unit of local government, the remaining time on the lease for
391facilities used by the spring training franchise, with priority
392given to the shortest time period remaining on the lease.
393     e.  The duration of the future-use agreement with the
394retained spring training franchise, with priority given to the
395future-use agreement having the longest duration.
396     f.  The amount of the local match, with priority given to
397the largest percentage of local match proposed.
398     g.  The net increase of total active recreation space owned
399by the applying unit of local government following the
400acquisition of land for the spring training facility, with
401priority given to the largest percentage increase of total
402active recreation space.
403     h.  The location of the facility in a brownfield, an
404enterprise zone, a community redevelopment area, or other area
405of targeted development or revitalization included in an Urban
406Infill Redevelopment Plan, with priority given to facilities
407located in these areas.
408     i.  The projections on paid attendance attracted by the
409facility and the proposed effect on the economy of the local
410community, with priority given to the highest projected paid
411attendance.
412     2.  Beginning July 1, 2006, the Office of Tourism, Trade,
413and Economic Development shall competitively evaluate
414applications for funding of facilities for retained spring
415training franchises in addition to those certified and funded
416under subparagraph 1. An applicant that is a unit of government
417that has an agreement for a retained spring training franchise
418for 15 or more years which was entered into between July 1,
4192003, and July 1, 2004, shall be eligible for funding.
420Applications must be submitted by October 1, 2006, with
421certifications to be made by January 1, 2007. The office shall
422rank the applications according to selection criteria,
423certifying no more than five proposals. The aggregate funding
424request of all applicants certified shall not exceed an
425aggregate funding request of $208,335 per month. The evaluation
426criteria shall include the following, with priority given in
427descending order:
428     a.  The intended use of the funds by the applicant for
429acquisition or construction of a new facility.
430     b.  The intended use of the funds by the applicant to
431renovate a facility.
432     c.  The length of time that a facility to be used by a
433retained spring training franchise has been used by one or more
434spring training franchises, with priority given to a facility
435that has been in continuous use as a facility for spring
436training the longest.
437     d.  For those teams leasing a spring training facility from
438a unit of local government, the remaining time on the lease for
439facilities used by the spring training franchise, with priority
440given to the shortest time period remaining on the lease. For
441consideration under this subparagraph, the remaining time on the
442lease shall not exceed 5 years, unless an agreement of 15 years
443or more was entered into between July 1, 2003, and July 1, 2004.
444     e.  The duration of the future-use agreement with the
445retained spring training franchise, with priority given to the
446future-use agreement having the longest duration.
447     f.  The amount of the local match, with priority given to
448the largest percentage of local match proposed.
449     g.  The net increase of total active recreation space owned
450by the applying unit of local government following the
451acquisition of land for the spring training facility, with
452priority given to the largest percentage increase of total
453active recreation space.
454     h.  The location of the facility in a brownfield area, an
455enterprise zone, a community redevelopment area, or another area
456of targeted development or revitalization included in an urban
457infill redevelopment plan, with priority given to facilities
458located in those areas.
459     i.  The projections on paid attendance attracted by the
460facility and the proposed effect on the economy of the local
461community, with priority given to the highest projected paid
462attendance.
463     (d)  Funds may not be expended to subsidize privately owned
464and maintained facilities for use by the spring training
465franchise. Funds may be used to relocate a retained spring
466training franchise to another unit of local government only if
467the existing unit of local government with the retained spring
468training franchise agrees to the relocation.
469     (5)(6)  An applicant certified as a facility for a new or
470retained professional sports franchise or a facility for a
471retained professional sports franchise or as a facility for a
472retained spring training franchise may use funds provided under
473pursuant to s. 212.20 only for the public purpose of paying for
474the acquisition, construction, reconstruction, or renovation of
475a facility for a new or retained professional sports franchise,
476a facility for a retained professional sports franchise, or a
477facility for a retained spring training franchise or to pay or
478pledge for the payment of debt service on, or to fund debt
479service reserve funds, arbitrage rebate obligations, or other
480amounts payable with respect to, bonds issued for the
481acquisition, construction, reconstruction, or renovation of such
482facility or for the reimbursement of such costs or the
483refinancing of bonds issued for such purposes.
484     (6)(7)(a)  The Office of Tourism, Trade, and Economic
485Development shall notify the Department of Revenue of any
486facility certified as a facility for a new or retained
487professional sports franchise or a facility for a retained
488professional sports franchise or as a facility for a retained
489spring training franchise. The Office of Tourism, Trade, and
490Economic Development shall certify no more than eight facilities
491as facilities for a new professional sports franchise or as
492facilities for a retained professional sports franchise,
493including in the such total any facilities certified by the
494Department of Commerce before July 1, 1996. The number of
495facilities certified as a retained spring training franchise
496shall be as provided in subsection (5). The office may make no
497more than one certification for any facility. The office may not
498certify funding for less than the requested amount to any
499applicant certified as a facility for a retained spring training
500franchise.
501     (b)  The eighth certification of an applicant under this
502section as a facility for a new or retained professional sports
503franchise or a facility for a retained professional sports
504franchise shall be for a franchise that is a member of the
505National Basketball Association, has been located within the
506state since 1987, and has not been previously certified. This
507paragraph is repealed July 1, 2010.
508     (7)(8)  The Auditor General Department of Revenue may
509conduct audits audit as provided in s. 11.45 s. 213.34 to verify
510that the distributions under pursuant to this section are have
511been expended as required in this section. Such information is
512subject to the confidentiality requirements of chapter 213. If
513the Auditor General Department of Revenue determines that the
514distributions under pursuant to this section are have not been
515expended as required by this section, the Auditor General shall
516notify the Department of Revenue, which it may pursue recovery
517of the such funds under pursuant to the laws and rules governing
518the assessment of taxes.
519     (8)(9)  An applicant is not qualified for certification
520under this section if the franchise formed the basis for a
521previous certification, unless the previous certification was
522withdrawn by the facility or invalidated by the Office of
523Tourism, Trade, and Economic Development or the Department of
524Commerce before any funds were distributed under pursuant to s.
525212.20. This subsection does not disqualify an applicant if the
526previous certification occurred between May 23, 1993, and May
52725, 1993; however, any funds to be distributed under pursuant to
528s. 212.20 for the second certification shall be offset by the
529amount distributed to the previous certified facility.
530Distribution of funds for the second certification shall not be
531made until all amounts payable for the first certification are
532have been distributed.
533     Section 5.  Section 288.11621, Florida Statutes, is created
534to read:
535     288.11621  Spring training baseball facilities.--
536     (1)  DEFINITIONS.--As used in this section, the term:
537     (a)  "Applicant" means a unit of local government as
538defined in s. 218.369.
539     (b)  "Certified applicant" means a facility for a spring
540training franchise that was certified before July 1, 2009, under
541s. 288.1162(5), Florida Statutes 2008, or a unit of local
542government that is certified under this section.
543     (c)  "Facility" means a spring training stadium, playing
544fields, and appurtenances intended to support spring training
545activities.
546     (d)  "Office" means the Office of Tourism, Trade, and
547Economic Development.
548     (2)  CERTIFICATION PROCESS.--
549     (a)  Before certifying an applicant to receive state
550funding for a facility for a spring training franchise, the
551office must verify that:
552     1.  The applicant is responsible for the acquisition,
553construction, management, or operation of the facility for a
554spring training franchise or holds title to the property on
555which the facility for a spring training franchise is located.
556     2.  The applicant has a certified copy of a signed
557agreement with a spring training franchise for the use of the
558facility for a term of at least 20 years. The agreement also
559must require the franchise to reimburse the state for state
560funds expended by an applicant under this section if the
561franchise relocates before the agreement expires. The agreement
562may be contingent on an award of funds under this section and
563other conditions precedent.
564     3.  The applicant has made a financial commitment to
565provide 50 percent or more of the funds required by an agreement
566for the acquisition, construction, or renovation of the facility
567for a spring training franchise. The commitment may be
568contingent upon an award of funds under this section and other
569conditions precedent.
570     4.  The applicant demonstrates that the facility for a
571spring training franchise will attract a paid attendance of at
572least 50,000 annually to the spring training games.
573     5.  The facility for a spring training franchise is located
574in a county that levies a tourist development tax under s.
575125.0104.
576     (b)  The office shall competitively evaluate applications
577for state funding of a facility for a spring training franchise.
578The total number of certifications may not exceed 10 at any
579time. The evaluation criteria must include, with priority given
580in descending order, the following items:
581     1.  The anticipated effect on the economy of the local
582community where the spring training facility is to be built,
583including projections on paid attendance, local and state tax
584collections generated by spring training games, and direct and
585indirect job creation resulting from the spring training
586activities. Priority shall be given to applicants who can
587demonstrate the largest projected economic impact.
588     2.  The amount of the local matching funds committed to a
589facility relative to the amount of state funding sought, with
590priority given to applicants that commit the largest amount of
591local matching funds relative to the amount of state funding
592sought.
593     3.  The potential for the facility to serve multiple uses.
594     4.  The intended use of the funds by the applicant, with
595priority given to the funds being used to acquire a facility,
596construct a new facility, or renovate an existing facility.
597     5.  The length of time that a spring training franchise has
598been under an agreement to conduct spring training activities
599within an applicant's geographical jurisdiction, with priority
600given to applicants having agreements with the same franchise
601for the longest period of time.
602     6.  The length of time that an applicant's facility has
603been used by one or more spring training franchises, with
604priority given to applicants whose facilities have been in
605continuous use as facilities for spring training the longest.
606     7.  The term remaining on a lease between an applicant and
607a spring training franchise for a facility, with priority given
608to applicants having the shortest lease terms remaining.
609     8.  The length of time that a spring training franchise
610agrees to use an applicant's facility if an application is
611granted under this section, with priority given to applicants
612having agreements for the longest future use.
613     9.  The net increase of total active recreation space owned
614by the applicant after an acquisition of land for the facility,
615with priority given to applicants having the largest percentage
616increase of total active recreation space.
617     10.  The location of the facility in a brownfield, an
618enterprise zone, a community redevelopment area, or other area
619of targeted development or revitalization included in an urban
620infill redevelopment plan, with priority given to applicants
621having facilities located in these areas.
622     (c)  Applicants that are certified on or after July 1,
6232009, shall enter into an agreement with the office that:
624     1.  Specifies the amount of the state incentive funding to
625be distributed.
626     2.  States the criteria that the certified applicant must
627meet in order to remain certified.
628     3.  States that the certified applicant is subject to
629decertification if the certified applicant fails to comply with
630this section or the agreement.
631     4.  States that the office may recover state incentive
632funds if the certified applicant is decertified.
633     5.  Specifies information that the certified applicant must
634report to the office.
635     6.  Includes any provision deemed prudent by the office.
636     (3)  USE OF FUNDS.--
637     (a)  A certified applicant may use funds provided under s.
638212.20(6)(d)7.b. only to:
639     1.  Serve the public purpose of acquiring, constructing,
640reconstructing, or renovating a facility for a spring training
641franchise.
642     2.  Pay or pledge for the payment of debt service on, or to
643fund debt service reserve funds, arbitrage rebate obligations,
644or other amounts payable with respect thereto, bonds issued for
645the acquisition, construction, reconstruction, or renovation of
646such facility, or for the reimbursement of such costs or the
647refinancing of bonds issued for such purposes.
648     3.  Assist in the relocation of a spring training franchise
649from one unit of local government to another only if the
650governing board of the current host local government by a
651majority vote agrees to the relocation.
652     (b)  State funds awarded to a certified applicant for a
653facility for a spring training franchise may not be used to
654subsidize facilities that are privately owned and maintained and
655that are used only by a spring training franchise.
656     (c)  The Department of Revenue may not distribute funds to
657an applicant certified on or after July 1, 2009, until it
658receives notice from the office that the certified applicant has
659encumbered funds under subparagraph (a)2.
660     (d)1.  All certified applicants must place unexpended state
661funds received pursuant to s. 212.20(6)(d)7.b. in a trust fund
662for use only as authorized in this section.
663     2.  A certified applicant may request that the Department
664of Revenue suspend further distributions of state funds made
665available under s. 212.20(6)(d)7.b. for 12 months after
666expiration of an existing agreement with a spring training
667baseball franchise to provide the certified applicant with an
668opportunity to enter into a new agreement with a spring training
669baseball franchise, at which time the distributions shall
670resume.
671     3.  The expenditure of state funds distributed to an
672applicant certified before July 1, 2009, must begin within 48
673months after the initial receipt of the state funds. In
674addition, the construction of, or capital improvements to, a
675spring training facility must be completed within 24 months
676after the project's commencement.
677     (4)  ANNUAL REPORTS.--On or before September 1 of each
678year, a certified applicant shall submit to the office a report
679that includes, but is not limited to:
680     (a)  A copy of its most recent annual audit.
681     (b)  A detailed report on all local and state funds
682expended to date on the project being financed under this
683section.
684     (c)  A copy of the contract between the certified local
685governmental entity and the spring training team.
686     (d)  A cost-benefit analysis of the team's impact on the
687community.
688     (e)  Evidence that the certified applicant continues to
689meet the criteria in paragraph (2)(a).
690     (5)  DECERTIFICATION.--
691     (a)  The office shall decertify a certified applicant upon
692the request of the certified applicant.
693     (b)  The office shall decertify a certified applicant if
694the certified applicant does not:
695     1.  Have a valid agreement with a spring training
696franchise; or
697     2.  Satisfy its commitment to provide local matching funds
698to the facility.
699
700However, decertification proceedings against a local government
701certified prior to July 1, 2009, shall be delayed until 12
702months after the expiration of the local government's existing
703agreement with a spring training baseball franchise and without
704a new agreement being signed if the certified local government
705can demonstrate to the office that it is in active negotiations
706with a major league spring training franchise, other than the
707franchise that was the basis for the original certification.
708     (c)  A certified applicant has 60 days after it receives a
709notice of intent to decertify from the office to petition the
710office's executive director for review of the decertification.
711Within 45 days after receipt of the request for review, the
712executive director must notify a certified applicant of the
713outcome of the review.
714     (d)  The office shall notify the Department of Revenue that
715a certified applicant is decertified within 10 days after the
716order of decertification becomes final. The Department of
717Revenue shall immediately stop the payment of any funds under
718this section that were not encumbered by the certified applicant
719under subparagraph (3)(a)2.
720     (e)  The office shall order a decertified applicant to
721repay all of the unencumbered state funds that the local
722government received under this section and any interest that
723accrued on those funds. The repayment must be made within 60
724days after the decertification order becomes final. These funds
725shall be deposited into the General Revenue Fund.
726     (6)  ADDITIONAL CERTIFICATIONS.--If the office decertifies
727a unit of local government, the office may accept applications
728for an additional certification. A unit of local government may
729not be certified for more than one spring training franchise at
730a time.
731     (7)  STRATEGIC PLANNING.--
732     (a)  The office shall request assistance from the Florida
733Sports Foundation and the Florida Grapefruit League Association
734to develop a comprehensive strategic plan to:
735     1.  Finance spring training facilities.
736     2.  Monitor and oversee the use of state funds awarded to
737applicants.
738     3.  Identify the financial impact that spring training has
739on the state and ways in which to maintain or improve that
740impact.
741     4.  Identify opportunities to develop public-private
742partnerships to engage in marketing activities and advertise
743spring training baseball.
744     5.  Identify efforts made by other states to maintain or
745develop partnerships with baseball spring training teams.
746     6.  Develop recommendations for the Legislature to sustain
747or improve this state's spring training tradition.
748     (b)  The office shall submit a copy of the strategic plan
749to the Governor, the President of the Senate, and the Speaker of
750the House of Representatives by December 31, 2009.
751     (8)  RULEMAKING.--The office shall adopt rules to implement
752the certification, decertification, and decertification review
753processes required by this section.
754     (9)  AUDITS.--The Auditor General may conduct audits as
755provided in s. 11.45 to verify that the distributions under this
756section are expended as required in this section. If the Auditor
757General determines that the distributions under this section are
758not expended as required by this section, the Auditor General
759shall notify the Department of Revenue, which may pursue
760recovery of the funds under the laws and rules governing the
761assessment of taxes.
762     Section 6.  Subsection (1) of section 288.1229, Florida
763Statutes, is amended to read:
764     288.1229  Promotion and development of sports-related
765industries and amateur athletics; direct-support organization;
766powers and duties.--
767     (1)  The Office of Tourism, Trade, and Economic Development
768may authorize a direct-support organization to assist the office
769in:
770     (a)  The promotion and development of the sports industry
771and related industries for the purpose of improving the economic
772presence of these industries in Florida.
773     (b)  The promotion of amateur athletic participation for
774the citizens of Florida and the promotion of Florida as a host
775for national and international amateur athletic competitions for
776the purpose of encouraging and increasing the direct and
777ancillary economic benefits of amateur athletic events and
778competitions.
779     (c)  The retention of professional sports franchises,
780including the spring training operations of Major League
781Baseball.
782     Section 7.  This act shall take effect July 1, 2009.


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