To establish the application processes for certification of spring training facilities and professional sports franchise facilities. Also provides a process for decertification of certified spring training facilities.

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

RULE NO.: RULE TITLE:
27M-2.001: Certification for Retained Spring Training Facilities
27M-2.002: Decertification of Spring Training Baseball Facilities
27M-2.003: Certification for New or Retained Professional Sports Franchise
PURPOSE AND EFFECT: To establish the application processes for certification of spring training facilities and professional sports franchise facilities. Also provides a process for decertification of certified spring training facilities.
SUMMARY: The rule replaces obsolete references including those to particular dates and individuals and replaces them with recurring deadlines based on funding cycle and generic position titles; updates forms utilized in conjunction with the program and fulfills statutory direction for rule adoption relating to new or retained sports franchises despite the fact that the program has operated at the statutory maximum number of franchises for many years.
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.
Based on analysis from the agency, this rulemaking proceeding is restricted to elimination of obsolete dates, clarification of existing provisions and implementation of a statutory provision not anticipated to have any substantive effect; and would not have an impact on small business or the private sector, the rule is not expected to require legislative ratification.
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), 288.1162(2) FS.
LAW IMPLEMENTED: 288.11621, 288.1162 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Dennard, Office of Tourism, Trade, and Economic Development, Suite 1902, The Capitol, Tallahassee, Florida 32399, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

27M-2.001 Certification for Retained Spring Training Baseball Facilities.

(1) Upon notice as published in the Florida Administrative Weekly, 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: President Larry 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).

(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. (2010) 288.1162(5)(c)2., F.S. (2006), using the Spring Training Baseball Facility Application Evaluation Criteria Worksheet (OTTED Form 9102-1 (05/2011) incorporated herein by reference. Any discrepancies in the application will be resolved in accordance with Section 288.1162(5)(c)2., F.S. (2006).

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

(5) The Office of Tourism, Trade, and Economic Development will review the recommendations within thirty (30) days of receipt from the Florida Sports Foundation 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. After the review, each applicant will be notified as to whether it has been certified.

Rulemaking Specific 288.11621(8) FS. Law Implemented 288.11621(2) FS. History–New 2-12-07, Amended_________.

 

27M-2.002 Decertification for Spring Training Baseball Facilities.

In the event the Office receives information from a third party that a certified applicant no longer meets the requirements of Section 288.11621(5)(b)1., F.S., the Office shall notify the certified applicant. Within 30 days of receiving such information, the Office shall make a determination whether the certified applicant meets the requirements of Section 288.11621(5)(b)1. or Section 288.11621(5)(b)(2), F.S.

(1) Upon determining that a certified applicant does not meet the criteria in Section 288.11621(5)(b)1., F.S., the Office shall issue a Notice of Intent to Decertify. The Office shall provide such Notice to the certified applicant in writing, specifying the reasons for proposed decertification.

(2) The certified applicant may petition for decertification review by providing a letter challenging the information provided in the Notice of Intent to Decertify. The letter must include specific details and contain supporting documentation. The Office may request any additional information to support the applicant’s petition.

(3) Upon receipt of a petition for decertification review, the office shall conduct a review of the certified applicant’s challenge. The review shall be conducted by the Director of the Office of Tourism, Trade, and Economic Development and the President of 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

(4) 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_________.

 

27M-2.003 Certification for New or Retained Professional Sports Franchise.

(1) If necessary pursuant to Section 288.1162(6)(a), F.S., the Office shall publish notice in the Florida Administrative Weekly that the Florida Sports Foundation will accept applications for certification as a new or retained professional sports franchise.

(2) An applicant must submit an application for certification to the Florida Sports Foundation as indicated in the published notice in order to be considered for certification. Changes to submitted applications shall not be permitted. The original and seven (7) copies of the application shall be delivered to the following address:

Florida Sports Foundation

Attention: President

2930 Kerry Forest Parkway, Suite-100

Tallahassee, Florida 32309

Phone: [phone]

Fax: [phone]

(3) The Florida Sports Foundation will review each application based on the criteria established in Section 288.1162(4), F.S. (2010).

(4) The Florida Sports Foundation will complete its review and forward its recommendations for certification to the Office of Tourism, Trade, and Economic Development within thirty (30) days of the close of the application period indicated in the notice published in the Florida Administrative Weekly.

(5) The Office of Tourism, Trade, and Economic Development 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.

Rulemaking Authority 288.11621(8) FS. Law Implemented 288.11621 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Dennard
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michelle Dennard
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 13, 2011