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What the Marlins have to do in the Legislature to get the Ballpark


CapeFish

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Florida State Statue 288.1162 governs the pro sports tax breaks in the State of Florida. The Florida Marlins have a tax break in their name in effect for Dolphins Stadium, however the facility (Dolphins Stadium) collects the $2 million per year that is in the Marlins' name.

 

Now we shall break down the law section-by-section and see what works and what would need to be changed to make a ballpark possible.

 

(1) The Office of Tourism, Trade, and Economic Development shall serve as the state agency for screening applicants for state funding pursuant to s. 212.20 and for certifying an applicant as a "facility for a new professional sports franchise," a "facility for a retained professional sports franchise," or a "facility for a retained spring training franchise."

Fine

 

(2) The Office of Tourism, Trade, and Economic Development shall develop rules for the receipt and processing of applications for funding pursuant to s. 212.20.

Fine

 

(3) As used in this section, the term:

 

(a) "New professional sports franchise" means a professional sports franchise that is not based in this state prior to April 1, 1987.

 

(b) "Retained professional sports franchise" means a professional sports franchise that has had a league-authorized location in this state on or before December 31, 1976, and has continuously remained at that location, and has never been located at a facility that has been previously certified under any provision of this section.

The Marlins' Tax Break is claimed under provisions provided in Section 3, Part A. This part of the law would have to be reworked to allow the Marlins to be considered a reatined professional sports franchise and allow them to double-dip.

 

(4) Prior to certifying an applicant as a "facility for a new professional sports franchise" or a "facility for a retained professional sports franchise," the Office of Tourism, Trade, and Economic Development must determine that:

 

(a) A "unit of local government" as defined in s. 218.369 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.

Dade County would own any ballpark.

 

(b) The applicant has a verified copy of a signed agreement with a new professional sports franchise for the use of the facility for a term of at least 10 years, or in the case of a retained professional sports franchise, an agreement for use of the facility for a term of at least 20 years.

Lease would have been for at least 30 years.

 

? 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 in this state after April 1, 1987, or in the case of a retained professional sports franchise, verified evidence that it has had a league-authorized location in this state on or before December 31, 1976. The term "league" means the National League or the American League of Major League Baseball, the National Basketball Association, the National Football League, or the National Hockey League.

MLB would gladly provide this letter or the Marlins could present their charter

 

(d) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, which demonstrate that the new or retained professional sports franchise will attract a paid attendance of more than 300,000 annually.

Fish easily exceed that a season, lowest ever was 800,000 in 2002.

 

(e) The applicant has 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 with respect to the use and operation of the professional sports franchise facility will equal or exceed $2 million annually.

Easy to prove in report, everyone knows it.

 

(f) The municipality in which the facility for a new or retained professional sports franchise is located, or the county if the facility for a new or retained professional sports franchise is located in an unincorporated area, has certified by resolution after a public hearing that the application serves a public purpose.

Marlins had this semi-done every single time.

 

(g) 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.

City of Miami wasn't sure about the Marlins, but they went to Tallahassee anyways, so I am sure the money is there. Dade County is good with money and they said it would be there.

 

(h) No applicant previously certified under any provision of this section who has received funding under such certification shall be eligible for an additional certification.

This section would have to be eliminated. This prevents the double-dipping the Marlins need to do.

 

Of course they could always change the money Wayne is getting to the Dolphins and give the Marlins their own...but that would be too easy.

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Yeah, this is one of the bills I'm specifically targeting. Voting records on this one would be extremely important, because it would expose a lot of hypocrites when we turn it around and compare it with the voting history of the recent Marlin efforts.

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(b) The applicant has a verified copy of a signed agreement with a new professional sports franchise for the use of the facility for a term of at least 10 years, or in the case of a retained professional sports franchise, an agreement for use of the facility for a term of at least 20 years.

 

(d) The applicant has projections, verified by the Office of Tourism, Trade, and Economic Development, which demonstrate that the new or retained professional sports franchise will attract a paid attendance of more than 300,000 annually.

You could use those two directly, among others, to take away the money if the Marlins leave the state. The Marlins have been here over ten years but not over twenty and definitely not over thirty, so how the team would be defined gets a little tricky.

 

The second one I quoted is the one that would kick in against Huizenga. The Marlins have to draw at least 300,000 fans a year (they do that in a month, but whatever). If there's no team in South Florida, they can't draw any fans now, can they. Only loophope to this I can think of is if they remained having spring training here and drew 300,000 fans to their spring training games, but surely that doesn't happen.

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I have been out of town and heard the bad news.

 

I've heard that the Florida legislation is going to have a special session that will be held in December regarding the regulation of the slot machines.

 

I believe I had read in previous newspapers (Miami Herald, Sun Sentinel) when the marlins were denied votes, or to be heard for the tax break, that the Marlins case for a tax rebate could be heard if there was a special session? Can anyone such as our representatives use this opportunity?

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The Legislature is in Special Session, but the Marlins Bill appearing is not likely. The Marlins have fumbled everything in the State Legislature. Do the Marlins need help finding lodging in Tallytown? It isn't that hard to stage a battle from Tallytown, it gets hard when you commute from Miami to Tallahassee for everything.

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