Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. PCS (202534) for CS for SB 544
                        Barcode 491462
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11  The Committee on Transportation and Economic Development
12  Appropriations (Diaz de la Portilla) recommended the following
13  amendment:
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15         Senate Amendment (with title amendment) 
16         Delete everything after the enacting clause
17  
18  and insert:  
19         Section 1.  Paragraph (h) of subsection (4) and
20  subsections (7) and (9) of section 288.1162, Florida Statutes,
21  are amended, paragraph (c) is added to subsection (3) of that
22  section, and subsections (10) and (11) are added to that
23  section, to read:
24         288.1162  Professional sports franchises; spring
25  training franchises; duties.--
26         (3)  As used in this section, the term:
27         (c)  "Force majeure event" means a flood, fire or other
28  casualty, war, revolution, civil commotion, an act of a public
29  enemy, embargo, act of government in its sovereign capacity,
30  or labor difficulty, including, without limitation, a strike,
31  lockout, or any circumstance beyond the reasonable control of
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    8:39 AM   04/16/07                              s0544.ta36.00a

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (202534) for CS for SB 544 Barcode 491462 1 the professional sports franchise affected. 2 (4) Prior to certifying an applicant as a "facility 3 for a new professional sports franchise" or a "facility for a 4 retained professional sports franchise," the Office of 5 Tourism, Trade, and Economic Development must determine that: 6 (h) An No applicant previously certified under any 7 provision of this section who has received funding under such 8 certification is not shall be eligible for an additional 9 certification, except as provided in subsections (9), (10), 10 and (11). 11 (7)(a) The Office of Tourism, Trade, and Economic 12 Development shall notify the Department of Revenue of any 13 facility certified as a facility for a new professional sports 14 franchise or a facility for a retained professional sports 15 franchise or as a facility for a retained spring training 16 franchise. The Office of Tourism, Trade, and Economic 17 Development shall certify no more than nine eight facilities 18 as facilities for a new professional sports franchise or as 19 facilities for a retained professional sports franchise, 20 including in such total any facilities certified by the 21 Department of Commerce before July 1, 1996. The number of 22 facilities certified as a retained spring training franchise 23 shall be as provided in subsection (5). The office may make no 24 more than one certification for any facility. The office may 25 not certify funding for less than the requested amount to any 26 applicant certified as a facility for a retained spring 27 training franchise. 28 (b) The eighth certification of an applicant under 29 this section as a facility for a new professional sports 30 franchise or a facility for a retained professional sports 31 franchise shall be for a franchise that is a member of the 2 8:39 AM 04/16/07 s0544.ta36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (202534) for CS for SB 544 Barcode 491462 1 National Basketball Association, has been located within the 2 state since 1987, and has not been previously certified. This 3 paragraph is repealed July 1, 2010. 4 (c) The ninth certification of an applicant under this 5 section as a facility for a new professional sports franchise 6 or a facility for a retained professional sports franchise 7 shall be for a franchise that is a member of Major League 8 Baseball and has been located within the state since 1993. 9 (9) An applicant is not qualified for certification 10 under this section if the franchise formed the basis for a 11 previous certification, unless: 12 (a) The previous certification was withdrawn by the 13 facility or invalidated by the Office of Tourism, Trade, and 14 Economic Development or the Department of Commerce before any 15 funds were distributed pursuant to s. 212.20; or. 16 (b) The applicant will be the home facility for a 17 professional sports franchise that served as the basis for 18 certifying a facility that was occupied by two franchises. 19 This subsection does not disqualify an applicant if the 20 previous certification occurred between May 23, 1993, and May 21 25, 1993; however, any funds to be distributed pursuant to s. 22 212.20 for the second certification shall be offset by the 23 amount distributed to the previous certified facility. 24 Distribution of funds for the second certification shall not 25 be made until all amounts payable for the first certification 26 have been distributed. 27 (10) To qualify for the ninth certification, the 28 following conditions must be met: 29 (a) The Office of Tourism, Trade, and Economic 30 Development has received a signed agreement for the benefit of 31 and enforceable by the Department of Revenue from the 3 8:39 AM 04/16/07 s0544.ta36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (202534) for CS for SB 544 Barcode 491462 1 applicant or current owner of the professional sports 2 franchise that formed the basis for the applicant's 3 certification pursuant to this section which guarantees that, 4 if the professional sports franchise ceases playing at least 5 90 percent of its home games in this state, including 6 preseason, regular season, and postseason games, unless the 7 cessation is a result of a force majeure event, within 60 days 8 thereafter the guarantor will provide to the Department of 9 Revenue an annuity contract issued by a person authorized to 10 issue such contracts in this state which will pay the 11 Department of Revenue each year thereafter, 150 percent of the 12 amount distributed pursuant to s. 212.20(6)(d)7.b. to the 13 applicant under this section during such year. The guarantee 14 of the current owner of the professional sports franchise 15 shall be returned upon substitution of the guarantee of any 16 successor owner of the professional sports franchise whose 17 ownership has been approved by the governing authority of the 18 league in which the professional sports franchise exists. 19 (b) The Office of Tourism, Trade, and Economic 20 Development has received evidence that one or more of the 21 municipalities in or near which the facility for a 22 professional sports franchise is located, the county in which 23 the facility for a professional sports franchise is located, 24 the applicant, and the owner of the professional sports 25 franchise that has served as an applicant's basis for 26 certification under this section or its affiliates have 27 previously contributed funds, or are contractually committed 28 to contribute funds during the next 30 years, for the 29 construction or improvement of the facility for a professional 30 sports franchise which, in the aggregate, equals or exceeds 31 $60 million. 4 8:39 AM 04/16/07 s0544.ta36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (202534) for CS for SB 544 Barcode 491462 1 (c) The Office of Tourism, Trade, and Economic 2 Development has received a verified copy of a binding 3 agreement between the applicant and the new professional 4 sports franchise which requires the franchise to pay any cost 5 overruns when the franchise was used as the basis for the 6 original certification of the applicant described in paragraph 7 (9)(b) and is the basis for the current certification request. 8 (11) Notwithstanding any other provision of this 9 section, a franchise continuing to use a facility that was 10 concurrently occupied by two professional sports franchises 11 shall be deemed the franchise forming the basis of the 12 previous certification and the previous certification shall 13 continue to apply for the period permitted from the original 14 date of certification. 15 Section 2. This act shall take effect July 1, 2007. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to professional sports 25 franchises; amending s. 288.1162, F.S.; 26 defining the term "force majeure event"; 27 providing an exception to a provision 28 prohibiting certain persons who have previously 29 received funding from receiving additional 30 funds; increasing the number of facilities that 31 may be certified as facilities for certain new 5 8:39 AM 04/16/07 s0544.ta36.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (202534) for CS for SB 544 Barcode 491462 1 or retained professional sports franchises; 2 authorizing an additional certification of a 3 facility for a specified Major League Baseball 4 franchise; providing prerequisites for 5 certification; providing that a franchise that 6 continues to occupy a facility that was 7 concurrently occupied by two professional 8 sports franchises shall be deemed the franchise 9 that formed the basis of the previous 10 certification; providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 8:39 AM 04/16/07 s0544.ta36.00a