The proposed rules development involves the creation of three new rules within Chapter 27M-2, Florida Administrative code, related to the certification of new and retained professional sports franchises, as authorized by Section 288.1162, Florida ...

EXECUTIVE OFFICE OF THE GOVERNOR
Office of Tourism, Trade and Economic Development

RULE NO: RULE TITLE
27M-2.002: Application Procedures for Certification of a Facility For a Professional Sports Franchise
27M-2.003: Certification as a Facility for a New Professional Sports Franchise
27M-2.004: Certification as a Facility for Retained Professional Sports Franchise
PURPOSE AND EFFECT: The proposed rules development involves the creation of three new rules within Chapter 27M-2, Florida Administrative code, related to the certification of new and retained professional sports franchises, as authorized by Section 288.1162, Florida Statutes (2007). The proposed rules provide application requirements and methods for awarding certifications by the Florida Sports Foundation and the Office of Tourism, Trade, and Economic Development.
SUMMARY: The proposed rules provide the method of submitting an application for certification of a facility for a new professional sports franchise or certification of a facility for a retained professional sports franchise. Additionally, the rules prescribe certain requirements the applicants must meet in order to obtain such certification.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 288.1162 FS. (2007)
LAW IMPLEMENTED: 288.1162 FS. (2007)
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Ramsey, Senior Attorney, Office of Tourism, Trade, and Economic Development, The Capitol, Suite 2001, Tallahassee, Florida 32399, whose telephone number is [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

27M-2.002 Application Procedures for Certification as a Facility For a Professional Sports Franchise.

(1) An applicant must submit the application for certification to the Florida Sports Foundation. The original and five (5) 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: [phone]

Fax: [phone]

(2) Each applicant shall be a unit of local government or a private sector group that has contracted to construct or operate a professional sports franchise facility on land owned by a unit of local government. An official senior executive of the applicant must sign the application.

(3) Each application will be reviewed based on the requirements set forth in Section 288.1162, Florida Statutes.

Specific Authority 288.1162 FS. Law Implemented 288.1162 FS. History–New_________.

 

27M-2.003 Certification as a Facility for a New Professional Sports Franchise.

(1) Applicants for certification as a facility for a new professional sports franchise must submit an application in accordance with Rule 27M-2002, Florida Administrative Code.

(2) The applicant for certification as a facility for a new professional sports franchise must meet the following requirements:

(a) Documentation that a unit of local government as defined in Section 218.369, Florida Statutes is responsible for the construction, management, or operation of the professional sports franchise facility, or holds title to the property on which the professional sports franchise facility is located.

(b) The applicant has a verified copy of a signed agreement with a new professional sports franchise for the use of the facility for at least ten years (10) or more.

(c) The applicant has a verified copy of the approval from the governing authority of the league in which the new professional sports franchise exists authorizing the location of the professional sports franchise after April 1, 1987.

(d) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, demonstrating that the new franchise will attract a paid attendance of more than 300,000 annually.  All data sources and methodologies of the projection must be included.

(e) An independent analysis or study, verified by the Office of Tourism, Trade, and Economic Development, which demonstrates that the amount of the revenues generated by the taxes imposed under Chapter 212, Florida Statutes, with respect to the use and operation of the professional sports facility will equal or exceed $2 million annually.

(f) Documentation that the municipality in which the facility is located, or the county if the facility is in an unincorporated area, has certified by resolution after a public hearing that the application serves a public purpose.

(g) Documentation that the applicant has demonstrated that it has provided, is capable of providing, or has financial or other commitments to provide more than one-half of the costs incurred or related to the improvement and development of the facility.

(h) Statement certifying that the applicant will comply with Section 288.1167, Florida Statutes, related to the requirements for minority participation.

(3) The Florida Sports Foundation (Foundation) will have two (2) weeks following receipt of the application to notify an applicant of any deficiencies in the application. The Foundation will notify the applicant by certified mail or overnight delivery service. The Foundation will allow thirty (30) days from the date of mailing for the applicant to correct any such deficiencies. The applicant will submit the corrections to the Foundation by certified mail or overnight delivery service.

(4) The Florida Sports Foundation will review the application and make a recommendation to the Director of the Office of Tourism, Trade, and Economic Development. The Office will determine if the project is eligible for certification.  If the project is eligible for certification, the Director will notify the applicant and the Executive Director of the Florida Department of Revenue by means of an official letter.  The Department of Revenue will begin distributing funds sixty (60) days following certification.

Specific Authority 288.1162 FS. Law Implemented 288.1162 FS. History–New_________.

 

27M-2.004 Certification as a Facility for Retained Professional Sports Franchise.

(1) Applicants for certification as a facility for a retained professional sports franchise must submit an application in accordance with Rule 27M-2002, Florida Administrative Code.

(2) The applicant for certification as a facility for a retained professional sports franchise must meet the following requirements:

(a) Documentation that a unit of local government is responsible for the construction, management, or operation of the professional sports franchise facility or holds title to the property on which the professional sports franchise facility is located.

(b) The applicant has a signed agreement with a retained professional sports franchise for the use of the facility for at least twenty (20) years.

(c) The applicant has a verified copy of the approval from the governing authority of the league in which the retained professional sports franchise exists stating that the franchise has had a league-authorized location in this state on or before December 31, 1976.

(d) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, demonstrating that the new franchise will attract a paid attendance of more than 300,000 annually. All data sources and methodologies of the projection must be included.

(e) An independent analysis or study, verified by the Office of Tourism, Trade, and Economic Development, which demonstrates that the amount of the revenues generated by the taxes imposed under Chapter 212, Florida Statutes, with respect to the use and operation of the professional sports facility will equal or exceed $2 million annually.

(f) Documentation that the municipality in which the facility is located, or the county if the facility is in an unincorporated area, has certified by resolution after a public hearing that the application serves a public purpose.

(g) Documentation that the applicant has demonstrated that is has provided, is capable of providing, or has a financial or other commitment to provide more than one-half of the costs incurred or related to the improvement and development of the facility.

(h) Statement certifying that the applicant will comply with Section 288.1167, Florida Statutes, relating to the requirements for minority participation.

(3) The Florida Sports Foundation (Foundation) will have two (2) weeks following receipt of the application to notify an applicant of any deficiencies in the application. The Foundation will notify the applicant by certified mail or overnight delivery service. The Foundation will allow thirty (30) days from the date of mailing for the applicant to correct any such deficiencies. The applicant will submit the corrections to the Foundation by certified mail or overnight delivery service.

(4) The Florida Sports Foundation will review the application and make a recommendation to the Director of the Office of Tourism, Trade, and Economic Development. The Office will determine if the project is eligible for certification. If the project is eligible for certification, the Director will notify the applicant and the Executive Director of the Florida Department of Revenue by means of an official letter. The Department of Revenue will begin distributing funds sixty (60) days following certification.

Specific Authority 288.1162 FS. Law Implemented 288.1162 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Ramsey, Senior Attorney, Office of Tourism, Trade, and Economic Development
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dale A. Brill, Ph.D., Director, Office of Tourism, Trade, and Economic Development
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 30, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 5, 2007