Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1346
       
       
       
       
       
       
                                Barcode 490912                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/16/2011           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 176 - 282.
    4         Delete lines 763 - 766
    5  and insert:
    6         Section 16. Subsections (1), (2), and (4) of section
    7  288.1168, Florida Statutes, are amended to read:
    8         288.1168 Professional golf hall of fame facility.—
    9         (1) The Office of Tourism, Trade, and Economic Development
   10  Department of Commerce shall serve as the state agency for
   11  screening applicants for state funding pursuant to s. 212.20 and
   12  for certifying one applicant as the professional golf hall of
   13  fame facility in the state.
   14         (2) Prior to certifying the professional golf hall of fame
   15  facility, the Office of Tourism, Trade, and Economic Development
   16  Department of Commerce must determine that:
   17         (a) The professional golf hall of fame facility is the only
   18  professional golf hall of fame in the United States recognized
   19  by the PGA Tour, Inc.
   20         (b) The applicant is a unit of local government as defined
   21  in s. 218.369 or a private sector group that has contracted to
   22  construct or operate the professional golf hall of fame facility
   23  on land owned by a unit of local government.
   24         (c) The municipality in which the professional golf hall of
   25  fame facility is located, or the county if the facility is
   26  located in an unincorporated area, has certified by resolution
   27  after a public hearing that the application serves a public
   28  purpose.
   29         (d) There are existing projections that the professional
   30  golf hall of fame facility will attract a paid attendance of
   31  more than 300,000 annually.
   32         (e) There is an independent analysis or study, using
   33  methodology approved by the office department, which
   34  demonstrates that the amount of the revenues generated by the
   35  taxes imposed under chapter 212 with respect to the use and
   36  operation of the professional golf hall of fame facility will
   37  equal or exceed $2 million annually.
   38         (f) The applicant has submitted an agreement to provide $2
   39  million annually in national and international media promotion
   40  of the professional golf hall of fame facility, Florida, and
   41  Florida tourism, through the PGA Tour, Inc., or its affiliates,
   42  at the then-current commercial rate, during the period of time
   43  that the facility receives funds pursuant to s. 212.20. The
   44  Office of Tourism, Trade, and Economic Development and the PGA
   45  Tour, Inc., or its affiliates, must agree annually on a
   46  reasonable percentage of advertising specifically allocated for
   47  generic Florida advertising. The Office of Tourism, Trade, and
   48  Economic Development shall have final approval of all generic
   49  advertising. Failure on the part of the PGA Tour, Inc., or its
   50  affiliates to annually provide the advertising as provided in
   51  this paragraph or subsection (6) shall result in the termination
   52  of funding as provided in s. 212.20.
   53         (g) Documentation exists that demonstrates that the
   54  applicant has provided, is capable of providing, or has
   55  financial or other commitments to provide more than one-half of
   56  the costs incurred or related to the improvement and development
   57  of the facility.
   58         (h) The application is signed by an official senior
   59  executive of the applicant and is notarized according to Florida
   60  law providing for penalties for falsification.
   61         (4) Upon determining that an applicant is or is not
   62  certifiable, the director of the Office of Tourism, Trade, and
   63  Economic Development Secretary of Commerce shall notify the
   64  applicant of his or her status by means of an official letter.
   65  If certifiable, the director secretary shall notify the
   66  executive director of the Department of Revenue and the
   67  applicant of such certification by means of an official letter
   68  granting certification. From the date of such certification, the
   69  applicant shall have 5 years to open the professional golf hall
   70  of fame facility to the public and notify the Office of Tourism,
   71  Trade, and Economic Development of such opening. The Department
   72  of Revenue shall not begin distributing funds until 30 days
   73  following notice by the Office of Tourism, Trade, and Economic
   74  Development that the professional golf hall of fame facility is
   75  open to the public.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78         And the title is amended as follows:
   79         Delete lines 13 - 15
   80  and insert:
   81         of Labor and Employment Security; amending s. 252.85,
   82         F.S.; updating a
   83         Delete lines 33 - 36
   84  and insert:
   85         Security with county tax collectors; amending s.
   86         288.1168, F.S.; updating obsolete references to the
   87         Department of Commerce; amending