HB 7205

1	A bill to be entitled
2	An act relating to professional sports franchises;
3	amending ss. 14.2015, 212.20, and 218.64, F.S., relating
4	to the Office of Tourism, Trade, and Economic Development,
5	the distribution of certain tax proceeds, and the
6	allocation of a portion of the local government half-cent
7	sales tax; conforming provisions to changes made by the
8	act; conforming cross-references; amending s. 288.1162,
9	F.S.; deleting provisions relating to the certification
10	and funding of facilities for spring training baseball
11	franchises; authorizing the Auditor General to conduct
12	audits to verify whether certain funds for professional
13	sports franchises are used as required by law; requiring
14	the Auditor General to notify the Department of Revenue if
15	the funds are not used as required by law; creating s.
16	288.11621, F.S.; authorizing certain units of local
17	government and private entities to apply for certification
18	to receive state funding for a facility for a spring
19	training franchise; providing definitions; providing
20	eligibility requirements; providing criteria to
21	competitively evaluate applications for certification;
22	requiring a certified applicant to use the funds awarded
23	for specified public purposes and place unexpended funds
24	in a trust fund or separate account; authorizing a
25	certified applicant to request a suspension of the
26	distribution of funds for a specified period under certain
27	circumstances; requiring the expenditure of funds by
28	certain certified applicants within a specified period;
29	requiring the completion of certain spring training
30	facility projects within a specified period; requiring
31	certified applicants to submit annual reports to the
32	Office of Tourism, Trade, and Economic Development;
33	requiring a contract for receipt of funds by certified
34	applicants that are private entities; providing contract
35	requirements; requiring the office to decertify applicants
36	under certain circumstances; providing for delay in
37	decertification proceedings for local governments
38	certified before a specified date under certain
39	circumstances; providing for review of the office's notice
40	of intent to decertify an applicant; requiring an
41	applicant to repay unencumbered state funds and interest
42	after decertification; requiring the office to develop a
43	strategic plan relating to baseball spring training
44	activities; requiring the office to adopt rules;
45	authorizing the Auditor General to conduct audits to
46	verify whether certified funds for baseball spring
47	training facilities are used as required by law; requiring
48	the Auditor General to notify the Department of Revenue if
49	the funds are not used as required by law; amending s.
50	288.1229, F.S.; providing that the Office of Tourism,
51	Trade, and Economic Development may authorize a direct-
52	support organization to assist in the retention of
53	professional sports franchises; recognizing the validity
54	of specified agreements under certain circumstances;
55	providing an effective date.
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  Paragraph (f) of subsection (2) of section
60	14.2015, Florida Statutes, is amended to read:
61	14.2015  Office of Tourism, Trade, and Economic
62	Development; creation; powers and duties.-
63	(2)  The purpose of the Office of Tourism, Trade, and
64	Economic Development is to assist the Governor in working with
65	the Legislature, state agencies, business leaders, and economic
66	development professionals to formulate and implement coherent
67	and consistent policies and strategies designed to provide
68	economic opportunities for all Floridians. To accomplish such
69	purposes, the Office of Tourism, Trade, and Economic Development
70	shall:
71	(f)1.  Administer the Florida Enterprise Zone Act under ss.
72	290.001-290.016, the community contribution tax credit program
73	under ss. 220.183 and 624.5105, the tax refund program for
74	qualified target industry businesses under s. 288.106, the tax-
75	refund program for qualified defense contractors and space
76	flight business contractors under s. 288.1045, contracts for
77	transportation projects under s. 288.063, the sports franchise
78	facility programs program under ss. 288.1162 and 288.11621 s.
79	288.1162, the professional golf hall of fame facility program
80	under s. 288.1168, the expedited permitting process under s.
81	403.973, the Rural Community Development Revolving Loan Fund
82	under s. 288.065, the Regional Rural Development Grants Program
83	under s. 288.018, the Certified Capital Company Act under s.
84	288.99, the Florida State Rural Development Council, the Rural
85	Economic Development Initiative, and other programs that are
86	specifically assigned to the office by law, by the
87	appropriations process, or by the Governor. Notwithstanding any
88	other provisions of law, the office may expend interest earned
89	from the investment of program funds deposited in the Grants and
90	Donations Trust Fund to contract for the administration of the
91	programs, or portions of the programs, enumerated in this
92	paragraph or assigned to the office by law, by the
93	appropriations process, or by the Governor. Such expenditures
94	shall be subject to review under chapter 216.
95	2.  The office may enter into contracts in connection with
96	the fulfillment of its duties concerning the Florida First
97	Business Bond Pool under chapter 159, tax incentives under
98	chapters 212 and 220, tax incentives under the Certified Capital
99	Company Act in chapter 288, foreign offices under chapter 288,
100	the Enterprise Zone program under chapter 290, the Seaport
101	Employment Training program under chapter 311, the Florida
102	Professional Sports Team License Plates under chapter 320,
103	Spaceport Florida under chapter 331, Expedited Permitting under
104	chapter 403, and in carrying out other functions that are
105	specifically assigned to the office by law, by the
106	appropriations process, or by the Governor.
107	Section 2.  Paragraph (d) of subsection (6) of section
108	212.20, Florida Statutes, is amended to read:
109	212.20  Funds collected, disposition; additional powers of
110	department; operational expense; refund of taxes adjudicated
111	unconstitutionally collected.-
112	(6)  Distribution of all proceeds under this chapter and s.
113	202.18(1)(b) and (2)(b) shall be as follows:
114	(d)  The proceeds of all other taxes and fees imposed
115	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
116	and (2)(b) shall be distributed as follows:
117	1.  In any fiscal year, the greater of $500 million, minus
118	an amount equal to 4.6 percent of the proceeds of the taxes
119	collected pursuant to chapter 201, or 5.2 percent of all other
120	taxes and fees imposed pursuant to this chapter or remitted
121	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
122	monthly installments into the General Revenue Fund.
123	2.  After the distribution under subparagraph 1., 8.814
124	percent of the amount remitted by a sales tax dealer located
125	within a participating county pursuant to s. 218.61 shall be
126	transferred into the Local Government Half-cent Sales Tax
127	Clearing Trust Fund. Beginning July 1, 2003, the amount to be
128	transferred shall be reduced by 0.1 percent, and the department
129	shall distribute this amount to the Public Employees Relations
130	Commission Trust Fund less $5,000 each month, which shall be
131	added to the amount calculated in subparagraph 3. and
132	distributed accordingly.
133	3.  After the distribution under subparagraphs 1. and 2.,
134	0.095 percent shall be transferred to the Local Government Half-
135	cent Sales Tax Clearing Trust Fund and distributed pursuant to
136	s. 218.65.
137	4.  After the distributions under subparagraphs 1., 2., and
138	3., 2.0440 percent of the available proceeds shall be
139	transferred monthly to the Revenue Sharing Trust Fund for
140	Counties pursuant to s. 218.215.
141	5.  After the distributions under subparagraphs 1., 2., and
142	3., 1.3409 percent of the available proceeds shall be
143	transferred monthly to the Revenue Sharing Trust Fund for
144	Municipalities pursuant to s. 218.215. If the total revenue to
145	be distributed pursuant to this subparagraph is at least as
146	great as the amount due from the Revenue Sharing Trust Fund for
147	Municipalities and the former Municipal Financial Assistance
148	Trust Fund in state fiscal year 1999-2000, no municipality shall
149	receive less than the amount due from the Revenue Sharing Trust
150	Fund for Municipalities and the former Municipal Financial
151	Assistance Trust Fund in state fiscal year 1999-2000. If the
152	total proceeds to be distributed are less than the amount
153	received in combination from the Revenue Sharing Trust Fund for
154	Municipalities and the former Municipal Financial Assistance
155	Trust Fund in state fiscal year 1999-2000, each municipality
156	shall receive an amount proportionate to the amount it was due
157	in state fiscal year 1999-2000.
158	6.  Of the remaining proceeds:
159	a.  In each fiscal year, the sum of $29,915,500 shall be
160	divided into as many equal parts as there are counties in the
161	state, and one part shall be distributed to each county. The
162	distribution among the several counties must begin each fiscal
163	year on or before January 5th and continue monthly for a total
164	of 4 months. If a local or special law required that any moneys
165	accruing to a county in fiscal year 1999-2000 under the then-
166	existing provisions of s. 550.135 be paid directly to the
167	district school board, special district, or a municipal
168	government, such payment must continue until the local or
169	special law is amended or repealed. The state covenants with
170	holders of bonds or other instruments of indebtedness issued by
171	local governments, special districts, or district school boards
172	before July 1, 2000, that it is not the intent of this
173	subparagraph to adversely affect the rights of those holders or
174	relieve local governments, special districts, or district school
175	boards of the duty to meet their obligations as a result of
176	previous pledges or assignments or trusts entered into which
177	obligated funds received from the distribution to county
178	governments under then-existing s. 550.135. This distribution
179	specifically is in lieu of funds distributed under s. 550.135
180	before July 1, 2000.
181	b.  The department shall distribute $166,667 monthly
182	pursuant to s. 288.1162 to each applicant that has been
183	certified as a facility for a new or retained professional
184	sports franchise "facility for a new professional sports
185	franchise" or a "facility for a retained professional sports
186	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
187	distributed monthly by the department to each certified
188	applicant as defined in s. 288.11621 for a facility for a
189	retained spring training franchise. that has been certified as a
190	"facility for a retained spring training franchise" pursuant to
191	s. 288.1162; However, not more than $416,670 may be distributed
192	monthly in the aggregate to all certified applicants for
193	facilities for a retained spring training franchises franchise.
194	Distributions must begin 60 days after following such
195	certification and shall continue for not more than 30 years,
196	except as otherwise provided in s. 288.11621. A certified
197	applicant identified in this sub-subparagraph may not
198	paragraph may not be construed to allow an applicant
199	pursuant to s. 288.1162 to receive more in
200	actually expended by the applicant for the public purposes
201	provided for in s. 288.1162(5) or s. 288.11621(3) s.
202	288.1162(6).
203	c.  Beginning 30 days after notice by the Office of
204	Tourism, Trade, and Economic Development to the Department of
205	Revenue that an applicant has been certified as the professional
206	golf hall of fame pursuant to s. 288.1168 and is open to the
207	public, $166,667 shall be distributed monthly, for up to 300
208	months, to the applicant.
209	d.  Beginning 30 days after notice by the Office of
210	Tourism, Trade, and Economic Development to the Department of
211	Revenue that the applicant has been certified as the
212	International Game Fish Association World Center facility
213	pursuant 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
215	the applicant. This distribution is subject to reduction
216	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
217	made, after certification and before July 1, 2000.
218	7.  All other proceeds must remain in the General Revenue
219	Fund.
220	Section 3.  Section 218.64, Florida Statutes, is amended to
221	read:
222	218.64  Local government half-cent sales tax; uses;
223	limitations.-
224	(1)  The proportion of the local government half-cent sales
225	tax received by a county government based on two-thirds of the
226	incorporated area population shall be deemed countywide revenues
227	and shall be expended only for countywide tax relief or
228	countywide programs. The remaining county government portion
229	shall be deemed county revenues derived on behalf of the
230	unincorporated area but may be expended on a countywide basis.
231	(2)  Municipalities shall expend their portions of the
232	local government half-cent sales tax only for municipality-wide
233	programs or for municipality-wide property tax or municipal
234	utility tax relief. All utility tax rate reductions afforded by
235	participation in the local government half-cent sales tax shall
236	be applied uniformly across all types of taxed utility services.
237	(3)  Subject to ordinances enacted by the majority of the
238	members of the county governing authority and by the majority of
239	the members of the governing authorities of municipalities
240	representing at least 50 percent of the municipal population of
241	such county, counties may use up to $2 million annually of the
242	local government half-cent sales tax allocated to that county
243	for funding for any of the following applicants:
244	(a)  A certified applicant as a facility for a new or
245	retained professional sports franchise under "facility for a new
246	professional sports franchise," a "facility for a retained
247	professional sports franchise," or a "facility for a retained
248	spring training franchise," as provided for in s. 288.1162 or a
249	certified applicant as defined in s. 288.11621 for a facility
250	for a spring training franchise. It is the Legislature's intent
251	that the provisions of s. 288.1162, including, but not limited
252	to, the evaluation process by the Office of Tourism, Trade, and
253	Economic Development except for the limitation on the number of
254	certified applicants or facilities as provided in that section
255	and the restrictions set forth in s. 288.1162(8) s. 288.1162(9),
256	shall apply to an applicant's facility to be funded by local
257	government as provided in this subsection.
258	(b)  A certified applicant as a "motorsport entertainment
259	complex," as provided for in s. 288.1171. Funding for each
260	franchise or motorsport complex shall begin 60 days after
261	certification and shall continue for not more than 30 years.
262	(4)  A local government is authorized to pledge proceeds of
263	the local government half-cent sales tax for the payment of
264	principal and interest on any capital project.
265	Section 4.  Section 288.1162, Florida Statutes, is amended
266	to read:
267	288.1162  Professional sports franchises; spring training
268	franchises; duties.-
269	(1)  The Office of Tourism, Trade, and Economic Development
270	shall serve as the state agency for screening applicants for
271	state funding under pursuant to s. 212.20 and for certifying an
272	applicant as a facility for a new or retained professional
273	sports franchise. "facility for a new professional sports
274	franchise," a "facility for a retained professional sports
275	franchise," or a "facility for a retained spring training
276	franchise."
277	(2)  The Office of Tourism, Trade, and Economic Development
278	shall develop rules for the receipt and processing of
279	applications 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
282	professional sports franchise that was is not based in this
283	state before prior to April 1, 1987.
284	(b)  "Retained professional sports franchise" means a
285	professional sports franchise that has had a league-authorized
286	location in this state on or before December 31, 1976, and has
287	continuously remained at that location, and has never been
288	located at a facility that has been previously certified under
289	any provision of this section.
290	(4)  Before Prior to certifying an applicant as a facility
291	for a new or retained professional sports franchise, "facility
292	for a new professional sports franchise" or a "facility for a
293	retained professional sports franchise," the Office of Tourism,
294	Trade, and Economic Development must determine that:
295	(a)  A "unit of local government" as defined in s. 218.369
296	is responsible for the construction, management, or operation of
297	the professional sports franchise facility or holds title to the
298	property on which the professional sports franchise facility is
299	located.
300	(b)  The applicant has a verified copy of a signed
301	agreement with a new professional sports franchise for the use
302	of the facility for a term of at least 10 years, or in the case
303	of a retained professional sports franchise, an agreement for
304	use of the facility for a term of at least 20 years.
305	(c)  The applicant has a verified copy of the approval from
306	the governing authority of the league in which the new
307	professional sports franchise exists authorizing the location of
308	the professional sports franchise in this state after April 1,
309	1987, or in the case of a retained professional sports
310	franchise, verified evidence that it has had a league-authorized
311	location in this state on or before December 31, 1976. As used
312	in this section, the term "league" means the National League or
313	the American League of Major League Baseball, the National
314	Basketball Association, the National Football League, or the
315	National Hockey League.
316	(d)  The applicant has projections, verified by the Office
317	of Tourism, Trade, and Economic Development, which demonstrate
318	that the new or retained professional sports franchise will
319	attract a paid attendance of more than 300,000 annually.
320	(e)  The applicant has an independent analysis or study,
321	verified by the Office of Tourism, Trade, and Economic
322	Development, which demonstrates that the amount of the revenues
323	generated by the taxes imposed under chapter 212 with respect to
324	the use and operation of the professional sports franchise
325	facility will equal or exceed $2 million annually.
326	(f)  The municipality in which the facility for a new or
327	retained professional sports franchise is located, or the county
328	if the facility for a new or retained professional sports
329	franchise is located in an unincorporated area, has certified by
330	resolution after a public hearing that the application serves a
331	public purpose.
332	(g)  The applicant has demonstrated that it has provided,
333	is capable of providing, or has financial or other commitments
334	to provide more than one-half of the costs incurred or related
335	to the improvement and development of the facility.
336	(h)  An No applicant previously certified under any
337	provision of this section who has received funding under such
338	certification is not shall be eligible for an additional
339	certification.
340	(5)(a)  As used in this section, the term "retained spring
341	training franchise" means a spring training franchise that has
342	been based in this state prior to January 1, 2000.
343	(b)  Prior to certifying an applicant as a "facility for a
344	retained spring training franchise," the Office of Tourism,
345	Trade, and Economic Development must determine that:
346	1.  A "unit of local government" as defined in s. 218.369
347	is responsible for the acquisition, construction, management, or
348	operation of the facility for a retained spring training
349	franchise or holds title to the property on which the facility
350	for a retained spring training franchise is located.
351	2.  The applicant has a verified copy of a signed agreement
352	with a retained spring training franchise for the use of the
353	facility for a term of at least 15 years.
354	3.  The applicant has a financial commitment to provide 50
355	percent or more of the funds required by an agreement for the
356	acquisition, construction, or renovation of the facility for a
357	retained spring training franchise. The agreement can be
358	contingent upon the awarding of funds under this section and
359	other conditions precedent to use by the spring training
360	franchise.
361	4.  The applicant has projections, verified by the Office
362	of Tourism, Trade, and Economic Development, which demonstrate
363	that the facility for a retained spring training franchise will
364	attract a paid attendance of at least 50,000 annually.
365	5.  The facility for a retained spring training franchise
366	is located in a county that is levying a tourist development tax
367	pursuant to s. 125.0104.
368	(c)1.  The Office of Tourism, Trade, and Economic
369	Development shall competitively evaluate applications for
370	funding of a facility for a retained spring training franchise.
371	Applications must be submitted by October 1, 2000, with
372	certifications to be made by January 1, 2001. If the number of
373	applicants exceeds five and the aggregate funding request of all
374	applications exceeds $208,335 per month, the office shall rank
375	the applications according to a selection criteria, certifying
376	the highest ranked proposals. The evaluation criteria shall
377	include, with priority given in descending order to the
378	following items:
379	a.  The intended use of the funds by the applicant, with
380	priority given to the construction of a new facility.
381	b.  The length of time that the existing franchise has been
382	located in the state, with priority given to retaining
383	franchises that have been in the same location the longest.
384	c.  The length of time that a facility to be used by a
385	retained spring training franchise has been used by one or more
386	spring training franchises, with priority given to a facility
387	that has been in continuous use as a facility for spring
388	training the longest.
389	d.  For those teams leasing a spring training facility from
390	a unit of local government, the remaining time on the lease for
391	facilities used by the spring training franchise, with priority
392	given to the shortest time period remaining on the lease.
393	e.  The duration of the future-use agreement with the
394	retained spring training franchise, with priority given to the
395	future-use agreement having the longest duration.
396	f.  The amount of the local match, with priority given to
397	the largest percentage of local match proposed.
398	g.  The net increase of total active recreation space owned
399	by the applying unit of local government following the
400	acquisition of land for the spring training facility, with
401	priority given to the largest percentage increase of total
402	active recreation space.
403	h.  The location of the facility in a brownfield, an
404	enterprise zone, a community redevelopment area, or other area
405	of targeted development or revitalization included in an Urban
406	Infill Redevelopment Plan, with priority given to facilities
407	located in these areas.
408	i.  The projections on paid attendance attracted by the
409	facility and the proposed effect on the economy of the local
410	community, with priority given to the highest projected paid
411	attendance.
412	2.  Beginning July 1, 2006, the Office of Tourism, Trade,
413	and Economic Development shall competitively evaluate
414	applications for funding of facilities for retained spring
415	training franchises in addition to those certified and funded
416	under subparagraph 1. An applicant that is a unit of government
417	that has an agreement for a retained spring training franchise
418	for 15 or more years which was entered into between July 1,
419	2003, and July 1, 2004, shall be eligible for funding.
420	Applications must be submitted by October 1, 2006, with
421	certifications to be made by January 1, 2007. The office shall
422	rank the applications according to selection criteria,
423	certifying no more than five proposals. The aggregate funding
424	request of all applicants certified shall not exceed an
425	aggregate funding request of $208,335 per month. The evaluation
426	criteria shall include the following, with priority given in
427	descending order:
428	a.  The intended use of the funds by the applicant for
429	acquisition or construction of a new facility.
430	b.  The intended use of the funds by the applicant to
431	renovate a facility.
432	c.  The length of time that a facility to be used by a
433	retained spring training franchise has been used by one or more
434	spring training franchises, with priority given to a facility
435	that has been in continuous use as a facility for spring
436	training the longest.
437	d.  For those teams leasing a spring training facility from
438	a unit of local government, the remaining time on the lease for
439	facilities used by the spring training franchise, with priority
440	given to the shortest time period remaining on the lease. For
441	consideration under this subparagraph, the remaining time on the
442	lease shall not exceed 5 years, unless an agreement of 15 years
443	or more was entered into between July 1, 2003, and July 1, 2004.
444	e.  The duration of the future-use agreement with the
445	retained spring training franchise, with priority given to the
446	future-use agreement having the longest duration.
447	f.  The amount of the local match, with priority given to
448	the largest percentage of local match proposed.
449	g.  The net increase of total active recreation space owned
450	by the applying unit of local government following the
451	acquisition of land for the spring training facility, with
452	priority given to the largest percentage increase of total
453	active recreation space.
454	h.  The location of the facility in a brownfield area, an
455	enterprise zone, a community redevelopment area, or another area
456	of targeted development or revitalization included in an urban
457	infill redevelopment plan, with priority given to facilities
458	located in those areas.
459	i.  The projections on paid attendance attracted by the
460	facility and the proposed effect on the economy of the local
461	community, with priority given to the highest projected paid
462	attendance.
463	(d)  Funds may not be expended to subsidize privately owned
464	and maintained facilities for use by the spring training
465	franchise. Funds may be used to relocate a retained spring
466	training franchise to another unit of local government only if
467	the existing unit of local government with the retained spring
468	training franchise agrees to the relocation.
469	(5)(6)  An applicant certified as a facility for a new or
470	retained professional sports franchise or a facility for a
471	retained professional sports franchise or as a facility for a
472	retained spring training franchise may use funds provided under
473	pursuant to s. 212.20 only for the public purpose of paying for
474	the acquisition, construction, reconstruction, or renovation of
475	a facility for a new or retained professional sports franchise,
476	a facility for a retained professional sports franchise, or a
477	facility for a retained spring training franchise or to pay or
478	pledge for the payment of debt service on, or to fund debt
479	service reserve funds, arbitrage rebate obligations, or other
480	amounts payable with respect to, bonds issued for the
481	acquisition, construction, reconstruction, or renovation of such
482	facility or for the reimbursement of such costs or the
483	refinancing of bonds issued for such purposes.
484	(6)(7)(a)  The Office of Tourism, Trade, and Economic
485	Development shall notify the Department of Revenue of any
486	facility certified as a facility for a new or retained
487	professional sports franchise or a facility for a retained
488	professional sports franchise or as a facility for a retained
489	spring training franchise. The Office of Tourism, Trade, and
490	Economic Development shall certify no more than eight facilities
491	as facilities for a new professional sports franchise or as
492	facilities for a retained professional sports franchise,
493	including in the such total any facilities certified by the
494	former Department of Commerce before July 1, 1996. The number of
495	facilities certified as a retained spring training franchise
496	shall be as provided in subsection (5). The office may make no
497	more than one certification for any facility. The office may not
498	certify funding for less than the requested amount to any
499	applicant certified as a facility for a retained spring training
500	franchise.
501	(b)  The eighth certification of an applicant under this
502	section as a facility for a new or retained professional sports
503	franchise or a facility for a retained professional sports
504	franchise shall be for a franchise that is a member of the
505	National Basketball Association, has been located within the
506	state since 1987, and has not been previously certified. This
507	paragraph is repealed July 1, 2010.
508	(7)(8)  The Auditor General Department of Revenue may
509	conduct audits audit as provided in s. 11.45 s. 213.34 to verify
510	that the distributions under pursuant to this section are have
511	been expended as required in this section. Such information is
512	subject to the confidentiality requirements of chapter 213. If
513	the Auditor General Department of Revenue determines that the
514	distributions under pursuant to this section are have not been
515	expended as required by this section, the Auditor General shall
516	notify the Department of Revenue, which it may pursue recovery
517	of the such funds under pursuant to the laws and rules governing
518	the assessment of taxes.
519	(8)(9)  An applicant is not qualified for certification
520	under this section if the franchise formed the basis for a
521	previous certification, unless the previous certification was
522	withdrawn by the facility or invalidated by the Office of
523	Tourism, Trade, and Economic Development or the former
524	Department of Commerce before any funds were distributed under
525	pursuant to s. 212.20. This subsection does not disqualify an
526	applicant if the previous certification occurred between May 23,
527	1993, and May 25, 1993; however, any funds to be distributed
528	under pursuant to s. 212.20 for the second certification shall
529	be offset by the amount distributed to the previous certified
530	facility. Distribution of funds for the second certification
531	shall not be made until all amounts payable for the first
532	certification are have been distributed.
533	Section 5.  Section 288.11621, Florida Statutes, is created
534	to read:
535	288.11621  Spring training baseball franchises.-
536	(1)  DEFINITIONS.-As used in this section, the term:
537	(a)  "Agreement" means a certified, signed lease between an
538	applicant that applies for certification on or after July 1,
539	2010, and the spring training franchise for the use of a
540	facility.
541	(b)  "Applicant" means a unit of local government as
542	defined in s. 218.369, including local governments located in
543	the same county that have partnered with a certified applicant
544	before the effective date of this section or with an applicant
545	for a new certification, for purposes of sharing in the
546	responsibilities of a facility, or a private entity.
547	(c)  "Certified applicant" means a facility for a spring
548	training franchise that was certified before July 1, 2010, under
549	s. 288.1162(5), Florida Statutes 2009, or a unit of local
550	government or a private entity that is certified under this
551	section.
552	(d)  "Facility" means a spring training stadium, playing
553	fields, and appurtenances intended to support spring training
554	activities.
555	(e)  "Local funds" and "local matching funds" mean funds
556	provided by a county, municipality, or other local government;
557	funds provided by a private entity; or a combination of such
558	funds.
559	(f)  "Office" means the Office of Tourism, Trade, and
560	Economic Development.
561	(2)  CERTIFICATION PROCESS.-
562	(a)  Before certifying an applicant to receive state
563	funding for a facility for a spring training franchise, the
564	office must verify that:
565	1.  The applicant is responsible for the acquisition,
566	construction, management, or operation of the facility for a
567	spring training franchise or holds title to the property on
568	which the facility for a spring training franchise is located.
569	2.  The applicant has a certified copy of a signed
570	agreement with a spring training franchise for the use of the
571	facility for a term of at least 20 years. The agreement also
572	must require the franchise to reimburse the state for state
573	funds expended by an applicant under this section if the
574	franchise relocates before the agreement expires. The agreement
575	may be contingent on an award of funds under this section and
576	other conditions precedent.
577	3.  The applicant has made a financial commitment to
578	provide 50 percent or more of the funds required by an agreement
579	for the acquisition, construction, or renovation of the facility
580	for a spring training franchise. The commitment may be
581	contingent upon an award of funds under this section and other
582	conditions precedent.
583	4.  The applicant demonstrates that the facility for a
584	spring training franchise will attract a paid attendance of at
585	least 50,000 annually to the spring training games.
586	5.  The facility for a spring training franchise is located
587	in a county that levies a tourist development tax under s.
588	125.0104.
589	6.  The applicant, if a private entity, demonstrates that
590	it can be bonded for an amount that it anticipates to be
591	required by the office and the Department of Revenue in
592	accordance with subsection (5).
593	(b)  The office shall competitively evaluate applications
594	for state funding of a facility for a spring training franchise.
595	The total number of certifications may not exceed 10 at any
596	time. The evaluation criteria must include, with priority given
597	in descending order to, the following items:
598	1.  The anticipated effect on the economy of the local
599	community where the spring training facility is to be built,
600	including projections on paid attendance, local and state tax
601	collections generated by spring training games, and direct and
602	indirect job creation resulting from the spring training
603	activities. Priority shall be given to applicants who can
604	demonstrate the largest projected economic impact.
605	2.  The amount of the local matching funds committed to a
606	facility relative to the amount of state funding sought, with
607	priority given to applicants that commit the largest amount of
608	local matching funds relative to the amount of state funding
609	sought.
610	3.  The potential for the facility to serve multiple uses.
611	4.  The intended use of the funds by the applicant, with
612	priority given to the funds being used to acquire a facility,
613	construct a new facility, or renovate an existing facility.
614	5.  The length of time that a spring training franchise has
615	been under an agreement to conduct spring training activities
616	within an applicant's geographic location or jurisdiction, with
617	priority given to applicants having agreements with the same
618	franchise for the longest period of time.
619	6.  The length of time that an applicant's facility has
620	been used by one or more spring training franchises, with
621	priority given to applicants whose facilities have been in
622	continuous use as facilities for spring training the longest.
623	7.  The term remaining on a lease between an applicant and
624	a spring training franchise for a facility, with priority given
625	to applicants having the shortest lease terms remaining.
626	8.  The length of time that a spring training franchise
627	agrees to use an applicant's facility if an application is
628	granted under this section, with priority given to applicants
629	having agreements for the longest future use.
630	9.  The net increase of total active recreation space owned
631	by the applicant after an acquisition of land for the facility,
632	with priority given to applicants having the largest percentage
633	increase of total active recreation space that will be available
634	for public use.
635	10.  The location of the facility in a brownfield, an
636	enterprise zone, a community redevelopment area, or other area
637	of targeted development or revitalization included in an urban
638	infill redevelopment plan, with priority given to applicants
639	having facilities located in these areas.
640	(c)  Each applicant certified on or after July 1, 2010,
641	shall enter into an agreement with the office that:
642	1.  Specifies the amount of the state incentive funding to
643	be distributed.
644	2.  States the criteria that the certified applicant must
645	meet in order to remain certified.
646	3.  States that the certified applicant is subject to
647	decertification if the certified applicant fails to comply with
648	this section or the agreement.
649	4.  States that the office may recover state incentive
650	funds if the certified applicant is decertified.
651	5.  Specifies information that the certified applicant must
652	report to the office.
653	6.  Includes any provision deemed prudent by the office.
654	(3)  USE OF FUNDS.-
655	(a)  A certified applicant may use funds provided under s.
656	212.20(6)(d)6.b. only to:
657	1.  Serve the public purpose of acquiring, constructing,
658	reconstructing, or renovating a facility for a spring training
659	franchise.
660	2.  Pay or pledge for the payment of debt service on, or to
661	fund debt service reserve funds, arbitrage rebate obligations,
662	or other amounts payable with respect thereto, bonds issued for
663	the acquisition, construction, reconstruction, or renovation of
664	such facility, or for the reimbursement of such costs or the
665	refinancing of bonds issued for such purposes.
666	3.  Assist in the relocation of a spring training franchise
667	from one unit of local government to another or to or from the
668	location of a private entity to another private entity or to a
669	unit of local government.
670	(b)  State funds awarded to a certified applicant for a
671	facility for a spring training franchise may not be used to
672	subsidize facilities that are privately owned, maintained, and
673	used only by a spring training franchise.
674	(c)  The Department of Revenue may not distribute funds to
675	an applicant certified on or after July 1, 2010, until it
676	receives notice from the office that the certified applicant has
677	encumbered funds under subparagraph (a)2. or has expended funds
678	or contractually encumbered funds for the acquisition,
679	construction, reconstruction, or renovation of a facility for
680	spring training pursuant to the contract requirements in
681	subsection (5).
682	(d)1.  All certified applicants must place unexpended state
683	funds received pursuant to s. 212.20(6)(d)6.b. in a trust fund
684	or separate account for use only as authorized in this section.
685	2.  A certified applicant may request that the Department
686	of Revenue suspend further distributions of state funds made
687	available under s. 212.20(6)(d)6.b. for 12 months after
688	expiration of an existing agreement with a spring training
689	franchise to provide the certified applicant with an opportunity
690	to enter into a new agreement with a spring training franchise,
691	at which time the distributions shall resume.
692	3.  The expenditure of state funds distributed to an
693	applicant certified before July 1, 2010, must begin within 48
694	months after the initial receipt of the state funds. In
695	addition, the construction of, or capital improvements to, a
696	spring training facility must be completed within 24 months
697	after the project's commencement.
698	(4)  ANNUAL REPORTS.-On or before September 1 of each year,
699	a certified applicant shall submit to the office a report that
700	includes, but is not limited to:
701	(a)  A copy of its most recent annual audit.
702	(b)  A detailed report on all local and state funds
703	expended to date on the project being financed under this
704	section.
705	(c)  A copy of the contract between the certified local
706	governmental entity or certified private entity and the spring
707	training team.
708	(d)  A cost-benefit analysis of the team's impact on the
709	community.
710	(e)  Evidence that the certified applicant continues to
711	meet the criteria in effect when the applicant was certified.
712	(f)  For purposes of a certified applicant that is a
713	private entity, a list of all uses of the facility and
714	appurtenant property for public purposes during the preceding
715	calendar year.
716	(5)  CONTRACT REQUIREMENTS FOR CERTIFIED APPLICANT THAT IS
717	A PRIVATE ENTITY.-
718	(a)  In order for a private entity applicant that is
719	certified under subsection (2) to receive funding under s.
720	212.20(6)(d), a contract must be executed between the applicant
721	and the office to ensure the protection of the state's financial
722	interests.
723	(b)  The contract must, at a minimum, include the
724	following:
725	1.  Required maintenance of a bond by the private entity
726	that will be sufficient to cover the funding received, ensure
727	the proper use of funds, and ensure a mechanism for the state to
728	recover funds if the private entity defaults on the completion
729	of the fund use in any manner or in the case of decertification
730	as provided in this section. The amount of the bond shall be
731	determined by the office in consultation with the Department of
732	Revenue.
733	2.  Information on the private entity, including, but not
734	limited to, its status as a Florida business and length of
735	operation in the state, business or organizational structure,
736	officers, and budget, including continued efforts in the area of
737	spring training.
738	3.  Compliance with applicable requirements for
739	certification pursuant to subsection (2).
740	4.  Compliance with requirements related to the use of
741	funds in subsection (3).
742	5.  Annual compliance review and assessment as required in
743	subsection (4).
744	6.  Agreement to allow the use of the facility, appurtenant
745	property, and other property, whatever is subject to the
746	contract, for public purposes.
747	(6)  DECERTIFICATION.-
748	(a)  The office shall decertify a certified applicant upon
749	the request of the certified applicant.
750	(b)  The office shall decertify a certified applicant if
751	the certified applicant does not:
752	1.  Have a valid agreement with a spring training
753	franchise;
754	2.  Satisfy its commitment to provide local matching funds
755	to the facility; or
756	3.  Satisfy the bond requirement in accordance with
757	subsection (5).
758
759	However, decertification proceedings against a local government
760	certified before July 1, 2010, shall be delayed until 12 months
761	after the expiration of the local government's existing
762	agreement with a spring training franchise, and without a new
763	agreement being signed, if the certified local government can
764	demonstrate to the office that it is in active negotiations with
765	a major league spring training franchise, other than the
766	franchise that was the basis for the original certification.
767	(c)  A certified applicant has 60 days after it receives a
768	notice of intent to decertify from the office to petition the
769	office's director for review of the decertification. Within 45
770	days after receipt of the request for review, the director must
771	notify a certified applicant of the outcome of the review.
772	(d)  The office shall notify the Department of Revenue that
773	a certified applicant is decertified within 10 days after the
774	order of decertification becomes final. The Department of
775	Revenue shall immediately stop the payment of any funds under
776	this section that were not encumbered by the certified applicant
777	under subparagraph (3)(a)2. or expended or contractually
778	encumbered as directed under paragraph (3)(c) pursuant to
779	contract requirements under subsection (5).
780	(e)  The office shall order a decertified applicant to
781	repay all of the unencumbered state funds that the local
782	government or private entity received under this section and any
783	interest that accrued on those funds. The repayment must be made
784	within 60 days after the decertification order becomes final.
785	These funds shall be deposited into the General Revenue Fund.
786	(7)  ADDITIONAL CERTIFICATIONS.-If the office decertifies a
787	unit of local government or a private entity, the office may
788	accept applications for an additional certification. A unit of
789	local government or a private entity may not be certified for
790	more than one spring training franchise at any time.
791	(8)  STRATEGIC PLANNING.-
792	(a)  The office shall request assistance from the Florida
793	Sports Foundation and the Florida Grapefruit League Association
794	to develop a comprehensive strategic plan to:
795	1.  Finance spring training facilities.
796	2.  Monitor and oversee the use of state funds awarded to
797	applicants.
798	3.  Identify the financial impact that spring training has
799	on the state and ways in which to maintain or improve that
800	impact.
801	4.  Identify opportunities to develop public-private
802	partnerships to engage in marketing activities and advertise
803	spring training baseball.
804	5.  Identify efforts made by other states to maintain or
805	develop partnerships with baseball spring training teams.
806	6.  Develop recommendations for the Legislature to sustain
807	or improve this state's spring training tradition.
808	(b)  The office shall submit a copy of the strategic plan
809	to the Governor, the President of the Senate, and the Speaker of
810	the House of Representatives by December 31, 2010.
811	(9)  RULEMAKING.-The office shall adopt rules to implement
812	the certification, decertification, and decertification review
813	processes required by this section.
814	(10)  AUDITS.-The Auditor General may conduct audits as
815	provided in s. 11.45 to verify that the distributions under this
816	section are expended as required in this section. If the Auditor
817	General determines that the distributions under this section are
818	not expended as required by this section, the Auditor General
819	shall notify the Department of Revenue, which may pursue
820	recovery of the funds under the laws and rules governing the
821	assessment of taxes.
822	Section 6.  Subsection (1) of section 288.1229, Florida
823	Statutes, is amended to read:
824	288.1229  Promotion and development of sports-related
825	industries and amateur athletics; direct-support organization;
826	powers and duties.-
827	(1)  The Office of Tourism, Trade, and Economic Development
828	may authorize a direct-support organization to assist the office
829	in:
830	(a)  The promotion and development of the sports industry
831	and related industries for the purpose of improving the economic
832	presence of these industries in Florida.
833	(b)  The promotion of amateur athletic participation for
834	the citizens of Florida and the promotion of Florida as a host
835	for national and international amateur athletic competitions for
836	the purpose of encouraging and increasing the direct and
837	ancillary economic benefits of amateur athletic events and
838	competitions.
839	(c)  The retention of professional sports franchises,
840	including the spring training operations of Major League
841	Baseball.
842	Section 7.  An agreement with a spring training franchise
843	relocating from one local government to another local government
844	shall be recognized as a valid agreement under this act if the
845	Office of Tourism, Trade, and Economic Development approved the
846	continuing release of funds to the local government to which the
847	franchise relocated before the effective date of this act. The
848	Legislature recognizes the validity of the agreement and
849	acknowledges the authority of the Office of Tourism, Trade, and
850	Economic Development to provide for the continuing release of
851	funds to the local government under the terms of section
852	288.1162, Florida Statutes, that were in effect before the
853	effective date of this act.
854	Section 8.  This act shall take effect upon becoming a law.

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