Certification for Retained Spring Traning Facilities, Decertification and Decertification Review for Spring Training Baseball Facilities  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY
    Division of Strategic Business Development

    RULE NOS.:RULE TITLES:
    73A-2.001Certification for Retained Spring Traning Facilities
    73A-2.002Decertification and Decertification Review for Spring Training Baseball Facilities

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 61, October 30, 2012 issue of the Florida Administrative Register.

     

    73A-2.001 Certification for Spring Training Baseball Facilities.

    (1) The application period for those applying for certification to receive state funding for a facility for a spring training franchise will begin upon notice published in the Florida Administrative Register Upon notice as published in the Florida Administrative Register, the Florida Sports Foundation will accept applications for certification to receive state funding for Spring Training Baseball Facilities. An applicant must submit an application for certification to the Florida Sports Foundation as indicated in the published notice in order to be considered for certification. Applications may not be changed once submitted. The original and seven (7) copies of the application should be submitted to the following address:

    Florida Sports Foundation

    Attention: President

    2930 Kerry Forest Parkway, Suite-100

    Tallahassee, Florida 32309

    Phone: (850)488-8347

    Fax: (850)922-0482

    (2)(a) Each application will be completely evaluated and no applicant will receive certification until the Department is able to verify the requirements set forth in Section 288.11621(2)(a) and (2)(b), F.S. (2012).  Applicants must provide assistance to the Department when verification is necessary. The Florida Sports Foundation will conduct a scoring of each application based on the criteria established in Section 288.11621(2), F.S.

    (b)  The Department may use the following methods to verify the information submitted:

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

    2.  Examine the methods of the calculations used in the application process.

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

    (3)  Upon receipt of an application for certification as provided in subsection (1) of this rule, the Florida Sports Foundation will assist the Department by completely evaluating and recommending applicants for certification.

    (4)(3) The Florida Sports Foundation will complete its evaluation review and will forward the applications andits recommendations for certification to the Department no later than of Economic Opportunity within thirty (30) days from of the close of the application period indicated in the notice published in the Florida Administrative Register.

    (5)(4) The Department will completely evaluate the applications and of Economic Opportunity will review the recommendations no later than within thirty (30) days from theirof receipt from the Florida Sports Foundation. After the review, the Department will notify each applicant as to the status of its application for certification will be notified as to whether it has been certified.

    Rulemaking Authority 288.11621(8) FS. Law Implemented 288.11621(2) FS. History–New 2-12-07, Formerly 27M-2.001, Amended_________.

    73A-2.002 Decertification and Decertification Review for Spring Training Baseball Facilities.

    (1) In the event the Department receives information that a certified applicant no longer meets the requirements of Section 288.11621(5)(b)1.or 2., F.S., the Department shall notify the certified applicant.

    (1)(2) Upon determining that a certified applicant does not meet the criteria in Section 288.11621(5)(b)1. or 2., F.S., the Department shall send the certified applicant a notice of the Department’s intent to decertify its certified applicant status issue a Notice of Intent to Decertify. The Department shall provide such notice to the certified applicant in writing, specifying the reasons for the proposed decertification.

    (2)(3) If a The certified applicant may petitions the Department for decertification review pursuant to Section 28.11621(5)(c), F.S.: any such petition should include specific details refuting the Department’s findings enumerated in the intent to decertify and contain supporting documentation by providing a letter challenging the information provided in the Notice of Intent to Decertify within sixty (60) days after receipt of the Notice. The letter must include specific details and contain supporting documentation. The Department may request any additional information to support the applicant’s petition.

    (3)(4) Upon receipt of a petition for decertification review, the Department shall conduct a review of the certified applicant’s challenge and the Florida Sports Foundation may provide a recommendation to the Department concerning decertification. The review shall be conducted by the Division of Strategic Business Development and the Florida Sports Foundation. This panel shall review the letter submitted challenging the Notice of Intent to Decertify and any supporting documentation provided by the certified applicant within forty-five (45) days.

    (4)(5) The total review process must be completed and communicated to the certified applicant within 45 days pursuant to Section 288.11621(5)(c), F.S. The result of the review shall be communicated to the certified applicant in writing, and is subject to review under Chapter 120, F.S.

    Rulemaking Authority 288.11621(8) FS. Law Implemented 288.11621(5) FS. History–New_________.