Funding for spring training facilities and franchises. In Rules 73A-2.001, .002, .003, and .004, Fla. Admin. Code ("F.A.C."), the department sets forth procedures for applicants seeking certification and/or decertification. The department seeks to ...

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

Division of Strategic Business Development

RULE NOS.:RULE TITLES:

73A-2.001Certification for Spring Training Baseball Facilities

73A-2.002Decertification and Decertification Review for Spring Training Baseball Facilities

73A-2.003Certification for the Retention of Major League Baseball Spring Training Baseball Franchises

73A-2.004Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises

PURPOSE AND EFFECT: Funding for spring training facilities and franchises. In Rules 73A-2.001, .002, .003, and .004, Fla. Admin. Code ("F.A.C."), the department sets forth procedures for applicants seeking certification and/or decertification. The department seeks to address the certification and decertification process in Rule 73A-2.001, F.A.C. In so doing, the department updates the rule to remove a 30-day evaluation period not required by statute, notice applicants that the department may request additional information, clarify the notices that the department will provide applicants, and modify the decertification timelines so that the rule conforms with the statute. Rules 73A-2.002, .003, and .004, F.A.C., will be repealed.

SUMMARY: The proposed rule implements the requirement that the department certify and decertify applicants for state funding for spring training baseball facilities and franchises.

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.

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., 288.11631(6), FS.

LAW IMPLEMENTED: 288.11621(2),(5), FS., 288.11631(2),(5), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 12, 2017; 9:30 a.m.

PLACE: Department of Economic Opportunity, Caldwell Building, 107 E. Madison Street, Tallahassee, Florida 32399, Conference Room 110, and by teleconference by calling: 1(888)670-3525; Passcode: 9633615989 then #.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: M. Linville Atkins, Office of General Counsel, Department of Economic Opportunity, 107 East Madison Street, MSC #110, Tallahassee, Florida 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

73A-2.001 Major League Baseball Certification for Spring Training Baseball Facilities Franchise Certifications Facilities

(1) The application period for those applying certification under either Section 288.11621, F.S., or Section 288.11631, F.S, shall to receive state funding for a facility for a spring training franchise will 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 either Section 288.11621(2)(a) and (2)(b), F.S. or Section 288.11631(2)(a) and (2)(b), F.S., the application for certification to the Florida Sports Foundation as indicated in the published notice in order to be considered for certification. The information should be divided into sections, based on the requirements set forth in either Section 288.11621, F.S., or Section 288.11631, F.S.  The applicant must submit an original, and three copies, of all information to the Florida Sports Foundation at the following address in order for an applicant 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

101 N. Monroe Street, Suite 1000

Tallahassee, FL 32301

Phone: [phone]

Fax: [phone]

(2)(a) The Florida Sports Foundation shall not provide an applicant’s submitted information to the Department for review until it confirms that applicant has submitted all information required by subsection (1) of this rule. The Florida Sports Foundation shall forward all information submitted by the applicant, together with a confirmation of completeness, no later than 30 business days after receipt of all information required by subsection (1) of this rule. Each application will be completely evaluated and no applicant will receive certification until the Department is able to verify the requirements set forth in Sections 288.11621(2)(a) and (2)(b), F.S. Applicants must provide assistance to the Department when verification is necessary.

(b) The Department may use the following methods to verify the information submitted:

1. Request more detailed information or explanation from the applicant in writing.

2. Examine the methods of the calculations used in the application process.

3. Meet and/or discuss concerns with the applicant or its designated authority.

(3) The Department shall evaluate applicant information that is submitted to the Department by the Florida Sports Foundation.  No applicant shall become a certified applicant until the Department verifies that the applicant meets the requirements set forth in either Section 288.11621(2), F.S., or Section 288.11631(2), F.S. Applicants must provide additional documentation and assistance to the Department or to the Florida Sports Foundation when any verification, additional information, or modification is deemed necessary by the Department or the Florida Sports Foundation. Upon receipt of an application for certification as provided in subsection (1) of this rule, the Florida Sports Foundation will assist the Department by completely evaluating and recommending applicants for certification.

(4) If the Department verifies that the applicant has met all requirements set forth in either Section 288.11621(2), F.S., or Section 288.11631(2), F.S., the Department shall notify the applicant in writing that it will become a certified applicant contingent upon the applicant entering into an agreement as required by Sections 288.11621(2)(c) and 288.11631(2)(c), F.S. The Florida Sports Foundation will complete its evaluation and will forward the applications and recommendations for certification to the Department no later than thirty (30) days from the close of the application period.

(5) If the Department denies an applicant’s request for certification, the Department shall issue to the applicant a determination denying the request for certification. The Department of Economic Opportunity will completely evaluate the applications and recommendations no later than thirty (30) days from their receipt from the Florida Sports Foundation. After the review, the Department will notify each applicant as to the status of its application for certification.

(6) A certified applicant may request decertification by sending a written request to the Department at the following address:

ATTN: Major League Baseball Spring Training Program

Florida Department of Economic Opportunity

107 East Madison Street, Mail Station 80

Caldwell Building

Tallahassee, Florida 32399-4120

The Department shall review the request for decertification, if allowable by law considering any bonds that have been issued, send the certified applicant a notice of decertification.

(7) If the Department intends to decertify a certified applicant for any reason, it shall mail the certified applicant a notice of intent to decertify.  The notice shall include the reason for decertification.

(a) A certified applicant has 60 days after it receives a notice of intent to decertify from the Department to petition for review of the decertification.  The petition must set forth the reasons that applicant believes it should not be decertified, including any applicable supporting documentation.

(b) The Department shall conduct a review of the petition and, within 45 days after receipt of the petition, notify the certified applicant of the outcome of its review.

(c) If the Department determines after its review of a petition that the certified applicant should not be decertified, the Department shall issue a notice of revocation of its intent to decertify to the certified applicant.

(d) If the Department determines after its review of the petition that the certified applicant should be decertified, the department shall issue a final determination decertifying the certified applicant.  The Department’s final determination shall be subject to review under Chapter 120, F.S.

 Rulemaking Authority 288.1162(8), F.S.; Law Implemented 288.1162(2). F.S, History – New 2-12-07, Formerly 27M-2.001, Amended 4-30-13, Amended ­_______________.

 

73A-2.002 Decertification and Decertification Review for Spring Training Baseball Facilities.

Rulemaking Authority 288.11621(8) FS. Law Implemented 288.11621(5) FS. History–New 4-30-13, Repealed ______________.

 

73A-2.003 Certification for the Retention of Major League Baseball Spring Training Baseball Franchises.

Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631(2) FS. History‒New 2-12-14, Repealed _____________.

 

73A-2.004 Decertification and Decertification Review for the Retention of Major League Baseball Spring Training Baseball Franchises.

Rulemaking Authority 288.11631(6) FS. Law Implemented 288.11631 FS. History‒New 2-12-14, Repealed ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: M. Linville Atkins

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Cissy Proctor

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 09, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/15/2016