Decertification and Decertification Review for Spring Training Baseball Facilities, Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises
DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Strategic Business Development
RULE NOS.:RULE TITLES:
73A-2.002Decertification and Decertification Review for Spring Training Baseball Facilities
73A-2.004Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises
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. 39, No. 208, October 24, 2013 issue of the Florida Administrative Register.
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. In order to be considered for certification an applicant must submit all information required under Sections 288.11631(2)(a) and (2)(b), F.S., to the Florida Sports Foundation as indicated in the published notice.
(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: (850)488-8347
Fax: (850)922-0482
(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 288.11631(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, pursuant to Section 288.11631(5), F.S., 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 compared to its original findings determined pursuant to subsection (2) of this rule. The Florida Sports Foundation may provide a recommendation to the Department concerning decertification.
(5) In addition to the criteria provided in Section 288.11631(5), F.S, 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) Pursuant to Section 11.45(9)(b), F.S., the Department may request the Auditor General to provide technical advice in performing perform an audit, per Section 288.11631(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___________.
