These Rules are mandated pursuant to section 288.11631, Florida Statutes, which became effective July 1, 2013. The Department of Economic Opportunity is mandated to adopt rules in order to implement the certification, decertification, and ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Strategic Business Development

RULE NOS.:RULE TITLES:

73A-2.003Certification for the Retention of Major League Baseball Spring Training Baseball Franchises

73A-2.004Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises

PURPOSE AND EFFECT: These Rules are mandated pursuant to Section 288.11631, Florida Statutes, which became effective July 1, 2013. The Department of Economic Opportunity is mandated to adopt rules in order to implement the certification, decertification, and decertification review process required by the statute. The Rules provide guidance to applicant’s by providing necessary timelines and processes when applying for state funding under the statute.

SUMMARY: These Rules explain the certification, decertification, certification review process, and decertification review process, as required by the statute. The Rules provide guidance to applicant’s by providing necessary timelines and processes when applying for state funding under the statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency has performed a review of the statutory requirements and has determined that its proposed Rules 73A-2.003 and 73A-2.004, have no adverse impact or regulatory costs which exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The rules are therefore expected be able to take effect without the need of being ratified by the Legislature.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 288.11631(6) FS.

LAW IMPLEMENTED: 288.11621 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katherine Morrison, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73A-2.003 Certification for the Retention of Major League Baseball Spring Training Baseball Franchises.

(1) The application period for those applying for certification to receive funding for the construction or renovation of a Major League Baseball spring training baseball facility under Section 288.11631(2), F.S shall begin upon notice published by the Department in the Florida Administrative Register.

(2) The original, and seven copies, of any 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

2930 Kerry Forest Parkway, Suite100

Tallahassee, Florida 32309

Phone: [phone]

Fax: [phone]

(3)(a) Each applicant’s submitted information will be evaluated 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 288.11631(2), F.S. Applicants must provide assistance to the Department and to the Florida Sports Foundation when verification is necessary.

(b) The Department may use, but is not limited to, 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 agreement should be entered into with the applicant as required by Section 288.11631(2)(c), F.S.

(5) No later than 30 days after the close of the application period, 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 days after receipt of the Florida Sports Foundation’s recommendation, the Department will 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 a certified applicant and shall enter into an agreement as required by Section 288.11631(2)(c), F.S.

Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631(2) FS. History–New________.

 

73A-2.004 Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises.

(1) In addition to the provisions set forth in Section 288.11631(5), Florida Statutes, a certified applicant may request that the Department decertify them by sending a written request to the Department at the following address:

Division of Strategic Business Development

Florida Department of Economic Opportunity

107 East Madison Street, Mail Station 80

Caldwell Building

Tallahassee, Florida 32399-4120

(2) When the Department determines that it must decertify a certified applicant, it shall mail the certified applicant a notice of the Department’s intent to decertify its certified applicant status.

(3) If a certified applicant petitions the Department for decertification review pursuant to Section 288.11631(5), F.S., the petition must be provided in writing to the address provided in subsection (1) of this rule. A petition must include the specific findings of fact which refute the Department’s enumerated findings provided in the intent to decertify and must contain all supporting documentation.

(4) Upon receipt of the petition for decertification review, the Department shall conduct a review of the certified applicant’s challenge; the Florida Sports Foundation may provide a recommendation to the Department concerning decertification.

(5) The Department may decertify a certified applicant if the certified applicant fails to comply with the terms of the agreement entered into with the Department.

(6) The Department may request the Auditor General to perform an audit, per Section 288.1163(7), F.S., if the Department becomes aware that a certified applicant is using funds provided under this section for purposes other than those specified in Section 288.1163(3), F.S.

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

Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katherine Morrison

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jesse Panuccio

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 22, 2013