This rulemaking updates the application and certification processes for certification of spring training facilities and adopts such processes applicable to professional sports franchise facilities. The rule also provides a process for ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Strategic Business Development

RULE NO.: RULE TITLE:
73A-2.001: Certification for Retained Spring Traning Facilities
73A-2.002: Decertification and Decertification Review for Spring Training Baseball Facilities
PURPOSE AND EFFECT: This rulemaking updates the application and certification processes for certification of spring training facilities and adopts such processes applicable to professional sports franchise facilities. The rule also provides a process for decertification of certified spring training facilities.
SUMMARY: The rule conforms the application and certification processes for certification of spring training facilities to statute and adopts such processes applicable to professional sports franchise facilities. The rule also provides a process for decertification of certified spring training facilities.
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: Compliance with the rule is voluntary. The rule is not likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule. The rule is not likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule. The rule is not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.
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: 288.11621(8) 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, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

73A-2.001 Certification for Retained Spring Training Baseball Facilities.

(1) 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 by 5:00 p.m., EST, October 2, 2006 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: PresidentLarry Pendleton

2930 Kerry Forest Parkway, Suite-100

Tallahassee, Florida 32309

Phone: [phone]

Fax: [phone]

(2) Each application will be reviewed based on the requirements set forth in Section 288.11621(2), F.S. (2010) 288.1162(5)(c)2., F.S. (2006).

(2)(3) The Florida Sports Foundation will receive the application and conduct a scoring of each application based on the criteria established in Section 288.11621(2), F.S. 288.1162(5)(c)2., F.S. (2006), using the Application Evaluation Criteria Worksheet incorporated herein by reference. Any discrepancies in the application will be resolved in accordance with Section 288.1162(5)(c)2., F.S. (2006).

(3)(4) The Florida Sports Foundation will complete its review and forward its recommendations for certification to the Department of Economic Opportunity within thirty (30) days of the close of the application period indicated in the notice published in the Florida Administrative Register by 5:00 p.m., EST, November 30, 2006.

(4)(5) The Department of Economic Opportunity will review the recommendations within thirty (30) days of receipt from the Florida Sports Foundation. After the review, each applicant will be notified as to whether it has been certified by December 15, 2006. The Office of Tourism, Trade, and Economic Development and the Florida Sports Foundation will meet during the month of December 2006 to review and finalize the certifications. Certifications will be announced by 5:00 p.m. EST, January 2, 2007.

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.

(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 issue a Notice of Intent to Decertify. The Department shall provide such Notice to the certified applicant in writing, specifying the reasons for proposed decertification.

(3) The certified applicant may petition for decertification review 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.

(4 ) Upon receipt of a petition for decertification review, the Department shall conduct a review of the certified applicant’s challenge. 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.

(5) 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_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Katherine Morrison, Division of Strategic Business Development, Department of Economic Opportunity, Suite 1902, The Capitol, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Hunting F. Deutsch

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 16, 2012