Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. PCS (202534) for CS for SB 544
Barcode 491462
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Diaz de la Portilla) recommended the following
13 amendment:
14
15 Senate Amendment (with title amendment)
16 Delete everything after the enacting clause
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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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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
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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
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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.
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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.
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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
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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.
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