73A-2.001. Major League Baseball for Spring Training Baseball Franchise Certifications

(1) The application period for certification under either section 288.11621 or 288.11631, F.S, shall begin upon notice published in the Department in the Florida Administrative Register. In order to be considered for certification, an applicant must submit all information required under either sections 288.11621(2)(a) and (2)(b), or sections 288.11631(2)(a) and (2)(b), F.S., to the Florida Sports Foundation. The information should be divided into sections, based on the requirements set forth in either section 288.11621 or 288.11631, F.S. The applicant must submit an original, and three copies, of all information to the Florida Sports Foundation at the following address in order for an applicant to be considered for certification:

Florida Sports Foundation

Attention: President

101 N. Monroe Street, Suite 1000

Tallahassee, FL 32301

Phone: [phone]

(2) The Florida Sports Foundation shall not provide an applicant’s submitted information to the Department for review until it confirms that applicant has submitted all information required by subsection (1) of this rule. The Florida Sports Foundation shall forward all information submitted by the applicant, together with a confirmation of completeness, no later than 30 business days after receipt of all information required by subsection (1) of this rule.

(3) The Department shall evaluate applicant information that is submitted to the Department by the Florida Sports Foundation. No applicant shall become a certified applicant until the Department verifies that the applicant meets the requirements set forth in either section 288.11621(2) or 288.11631(2), F.S. Applicants must provide additional documentation and assistance to the Department or to the Florida Sports Foundation when any verification, additional information, or modification is deemed necessary by the Department or the Florida Sports Foundation.

(4) If the Department verifies that the applicant has met all requirements set forth in either section 288.11621(2) or 288.11631(2), F.S., the Department shall notify the applicant in writing that it will become a certified applicant contingent upon the applicant entering into an agreement as required by sections 288.11621(2)(c) and 288.11631(2)(c), F.S.

(5) If the Department denies an applicant’s request for certification, the Department shall issue to the applicant a determination denying the request for certification.

(6) A certified applicant may request decertification by sending a written request to the Department at the following address:

ATTN: Major League Baseball Spring Training Program

Florida Department of Economic Opportunity

107 East Madison Street, Mail Station 80

Caldwell Building

Tallahassee, Florida 32399-4120

The Department shall review the request for decertification, and if allowable considering any bonds that have been issued, will send the certified applicant a notice of decertification.

(7) If the Department intends to decertify a certified applicant pursuant to section 288.11621(5) or 288.11631(5), F.S., it shall mail the certified applicant a notice of intent to decertify. The notice shall include the reason for decertification.

(a) A certified applicant has 60 days after it receives a notice of intent to decertify from the Department to petition for review of the decertification. The petition must set forth the reasons that applicant believes it should not be decertified, including any applicable supporting documentation.

(b) The Department shall conduct a review of the petition and, within 45 days after receipt of the petition, notify the certified applicant of the outcome of its review.

(c) If the Department determines after its review of a petition that the certified applicant should not be decertified, the Department shall issue a notice of revocation of its intent to decertify to the certified applicant.

(d) If the Department determines after its review of the petition that the certified applicant should be decertified, the department shall issue a final determination decertifying the certified applicant. The Department’s final determination shall be subject to review under chapter 120, F.S.

Rulemaking Authority 288.11621, 288.11631 FS. Law Implemented 288.11621, 288.11631 FS. History–New 2-12-07, Formerly 27M-2.001, Amended 4-30-13, 3-12-17.