This Rule will administer the request for certification found in section 288.1171, F.S. The Department of Economic Opportunity is mandated to develop rules for the receipt and processing of applications for funding under section 218.64, F.S. This ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Strategic Business Development

RULE NO.:RULE TITLE:

73A-2.006Motorsports Entertainment Complex Certification

PURPOSE AND EFFECT: This Rule will administer the request for certification found in Section 288.1171, F.S. The Department of Economic Opportunity is mandated to develop rules for the receipt and processing of applications for funding under Section 218.64, F.S. This Rule provides guidance to those applying for certification to receive funding as a motorsports entertainment complex.

SUMMARY: This Rule provides guidance to applicant’s by supplying 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 Rule 73A-2.006, F.A.C., has 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: 288.1171(2) FS.

LAW IMPLEMENTED: 218.64, 288.1171 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, 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399-4120, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73A-2.006 Motorsports Entertainment Complex Certification.

(1) The application period for those applying for certification to receive funding as a motorsports entertainment complex pursuant to Section 288.1171, 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 Section 288.1171(3), F.S., to the Florida Sports Foundation as indicated in the published notice.

(2) An original hard copy and two electronic copies on CD or flash drive, of all 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 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 288.1171(3), F.S. Applicants must provide assistance to the Department and to the Florida Sports Foundation when verification is necessary.

(b) The Department may use 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 applicant has met the certification criteria set forth in Section 288.1171(3), F.S.

(5) No later than 30 business days after receipt of the information required pursuant to subsection (1) of this rule, 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 business days after the Department’s receipt of the applicant’s information and the recommendation of the Florida Sports Foundation, the Department will review and evaluate the applicant’s submitted information. Following the Department’s review, but not later than 120 days after the application was filed by the applicant, the Department will notify the applicant as to the status of its request for certification.

(7) If an applicant’s request for certification is approved the Department shall:

a. Notify the applicant of its certification by an official letter granting certification.

b. Notify the Department of Revenue of the applicant’s certification by providing it with a copy of the applicant’s official letter granting certification.

(8) If an applicant’s request for certification is not approved by the Department, within 10 days of the Department’s decision the applicant will be notified and provided with the Department’s specific reasons for not approving the applicant’s certification.

(9) If an applicant petitions the Department for review of its decision to not certify, the petition must be provided in writing within 30 days of the Department’s decision to the Department at the following address: Division of Strategic Business Development, 107 East Madison Street, Mail Station 80, Caldwell Building, Tallahassee, Florida 32399. A petition must include the specific findings of fact which refute the Department’s enumerated findings provided to the applicant and must contain all supporting documentation.

(10) Upon receipt of the petition for review, the Department shall conduct a review of the applicant’s challenge compared to its original findings. The Florida Sports Foundation may provide a recommendation to the Department during this review.

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

(12) Pursuant to Section 288.1171(7), F.S., the Department may request that the Department of Revenue conduct an audit.

Rulemaking Authority 288.1171(2) FS. Law Implemented 218.64, 288.1171 FS. History–New____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Katherine Morrison, Division of Strategic Business Development

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 13, 2014