73A-2.005. Professional Sports Franchises

(1) The application period for those applying for certification to receive funding as a facility for a new or retained professional sports franchise pursuant to Section 288.1162, F.S., shall begin upon notice published by the Department in the Florida Administrative Register. In order to be considered for certification, an applicant must submit all information required under Section 288.1162(4), F.S., to the Florida Sports Foundation as indicated in the published notice.

(2) An original hard copy and two electronic copies on CD of all information submitted pursuant to subsection (1) of this rule must be submitted 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]

(3)(a) Each applicant’s submitted information will be evaluated by the Department and no applicant will receive certification until the Department is able to verify and the applicant is able to meet the requirements set forth in Section 288.1162(4), F.S. Applicants must provide assistance to the Department and to the Florida Sports Foundation when verification is necessary.

(b) The Department may use the following methods of verifying the information submitted by an applicant:

1. Request more detailed information or explanation from the applicant in writing.

2. Examine all methods of the calculation used by an applicant.

3. Meet and/or discuss concerns with an applicant or its designated authority.

(4) Upon the Florida Sports Foundation’s receipt of the information required pursuant to subsection (1) of this rule, it will evaluate the submitted information and make a recommendation to the Department of whether an applicant has met the certification criteria set forth in Section 288.1162(4), F.S.

(5) No later than 30 business days after receipt of the information required pursuant to subsection (1) of this rule, the Florida Sports Foundation shall complete its evaluation and forward the submitted information, along with its recommendation, to the Department.

(6) No later than 30 business days after the Department’s receipt of the applicant’s information and the recommendation of the Florida Sports Foundation, the Department will review and evaluate the applicant’s submitted information. Following the Department’s review, it will notify the applicant as to the status of its request for certification.

(7) If an applicant’s request for certification is approved by the Department the applicant will be notified that it is now an applicant certified as a facility for a new or retained professional sports franchise.

(8) If an applicant’s request for certification is not approved by the Department, the applicant will be notified and provided with the Department’s specific reasons for not approving the applicant’s certification.

(9) If an applicant petitions the Department for review of its decision to not certify, the petition must be provided in writing to the Department at the following address: Division of Strategic Business Development, 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399. A petition must include the specific findings of fact which refute the Department’s enumerated findings provided to the applicant and must contain all supporting documentation.

(10) Upon receipt of the petition for review, the Department shall conduct a review of the applicant’s challenge compared to its original findings. The Florida Sports Foundation may provide a recommendation to the Department during this review.

(11) The outcome of the Department’s review is subject to review under Chapter 120, F.S.

(12) Pursuant to Sections 11.45(9)(b) and 288.1162(7), F.S., the Department may request the Auditor General to provide technical advice on financial and accounting systems, procedures, and related matters, having to do with distributions made to a professional sports franchise.

Rulemaking Authority 288.1162(2) FS. Law Implemented 212.20(6)(d)6.b., 288.1162 FS. History–New 6-2-14.