House Bill 1909c2

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    Florida House of Representatives - 2000          CS/CS/HB 1909

        By the Committees on Finance & Taxation, Business
    Development & International Trade and Representatives Johnson,
    Murman, Bradley, Ritchie and Levine




  1                      A bill to be entitled

  2         An act relating to the Olympic Games; providing

  3         definitions; creating an Olympic Games Guaranty

  4         Account within the Economic Development Trust

  5         Fund; providing for purpose, administration,

  6         funding, and use of the account; providing

  7         requirements of and restrictions on the

  8         account; providing a limit on liability of the

  9         state; providing for termination of the account

10         under specified conditions; providing for

11         reversion of funds; providing for the execution

12         of games support contracts; providing

13         requirements with respect to application for

14         such contracts; providing criteria for contract

15         approval; providing specified authority of the

16         direct-support organization authorized under s.

17         288.1229, F.S.; providing a restriction on the

18         direct-support organization; providing

19         additional authority of specified agencies and

20         entities; specifying responsibilities of the

21         local organizing committee; providing an

22         effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Purpose.--The purpose of this act is to

27  provide the necessary assurances and commitments required by

28  the United States Olympic Committee and the International

29  Olympic Committee in selecting a host city for the XXXth

30  Olympic Games in 2012.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         Section 2.  Legislative findings.--The selection of a

  2  candidate city in this state to host the 2012 Olympic Games

  3  will confer significant benefits to the state as a whole and

  4  to the communities where the games are held, including:

  5         (1)  Invaluable public visibility throughout the world.

  6         (2)  Increased tourism and economic growth.

  7         (3)  Significant job creation.

  8         (4)  The development of state-of-the-art sports

  9  facilities and venues that Floridians will enjoy long after

10  the games are concluded.

11         (5)  Enhanced opportunities for Florida athletes to

12  train and compete in amateur athletics at the international

13  level.

14         (6)  An enduring legacy of good will throughout the

15  world.

16         (7)  The opportunity to secure federal infrastructure

17  funding for key community projects.

18         Section 3.  Definitions.--As used in this act:

19         (1)  "Candidate city" means a municipality in this

20  state that has qualified for consideration by the United

21  States Olympic Committee as the United States candidate city

22  to host the XXXth Olympic Games in 2012.

23         (2)  "Games" means the XXXth Olympic Games to be held

24  in 2012, the corresponding Paralympic Games, and all related

25  pre-Olympic competitions and events.

26         (3)  "Games support contract" means the joinder

27  undertaking, joinder agreement, and similar contracts executed

28  by the state and the United States Olympic Committee or the

29  International Olympic Committee in connection with the

30  selection of the candidate city to host the games.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (4)  "International Olympic Committee" means the

  2  international governing body responsible for organizing and

  3  conducting the Olympic Games.

  4         (5)  "Joinder agreement" means an agreement entered

  5  into by the state and the United States Olympic Committee or

  6  the International Olympic Committee, setting out

  7  representations and assurances by the state in connection with

  8  the selection of the candidate city to host the games.

  9         (6)  "Joinder undertaking" means an agreement entered

10  into by the state and the United States Olympic Committee or

11  the International Olympic Committee that the state will

12  execute a joinder agreement if the candidate city is selected

13  to host the games.

14         (7)  "Local organizing committee" means a nonprofit

15  corporation or its successor in interest that:

16         (a)  Has been authorized by the candidate city to

17  pursue an application to the United States Olympic Committee

18  and bid on the city's behalf to host the games.

19         (b)  Has executed an agreement with the United States

20  Olympic Committee regarding the candidate city's bid to host

21  the games.

22         (8)  "Net financial deficit" means those potential

23  losses resulting from the conduct of the games that the state

24  is obligated to indemnify and insure against pursuant to a

25  games support contract. Expenses or liabilities arising from

26  cancellation of the games or any part thereof due to any cause

27  beyond the local organizing committee's reasonable control,

28  including acts of war, riots and other civil disturbances,

29  acts of God, flood, fire, weather, and earthquakes, shall not

30  be included in calculating the net financial deficit.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (9)  "United States Olympic Committee" means the

  2  official national Olympic Committee of the United States of

  3  America, which has been authorized by law to govern all

  4  matters relating to national participation in the Olympic

  5  Games.

  6         Section 4.  Guarantee of state obligations; Olympic

  7  Games Guaranty Account.--

  8         (1)  There is created, within the Economic Development

  9  Trust Fund established pursuant to s. 288.095, Florida

10  Statutes, the Olympic Games Guaranty Account.  The Olympic

11  Games Guaranty Account shall be used for the sole purpose of

12  fulfilling the state's obligations under a games support

13  contract to indemnify and insure against any net financial

14  deficit resulting from the conduct of the games.  The

15  direct-support organization authorized under s. 288.1229,

16  Florida Statutes, shall be responsible for administration of

17  the Olympic Games Guaranty Account.

18         (2)  With funds from the Olympic Games Guaranty

19  Account, the direct-support organization authorized under s.

20  288.1229, Florida Statutes, shall obtain adequate security,

21  acceptable to the United States Olympic Committee and the

22  International Olympic Committee, to demonstrate the state's

23  ability to fulfill its obligations under the games support

24  contracts to indemnify and insure up to $175 million of any

25  net financial deficit resulting from the conduct of the games.

26  Such security may be provided by state funds committed to the

27  Olympic Games Guaranty Account, or by insurance coverage,

28  letters of credit, or other acceptable security instruments

29  purchased or secured by such funds, or by any combination of

30  these options.  In no event may the liability of the state

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1  under all games support contracts entered into pursuant to

  2  this act exceed $175 million in the aggregate.

  3         (3)  No later than July 1, 2001, the local organizing

  4  committee shall provide adequate security, acceptable to the

  5  direct-support organization authorized under s. 288.1229,

  6  Florida Statutes, to demonstrate the local organizing

  7  committee's ability to indemnify and insure the first $25

  8  million of any net financial deficit resulting from the

  9  conduct of the games for which the state would be liable under

10  the games support contracts.  Such security may be provided

11  through the establishment of an internal guaranty fund,

12  insurance coverage, letters of credit, or other acceptable

13  security instruments, or by any combination of these options.

14  Any such security will identify the state as an additional

15  insured.  If adequate proof of security is not provided as

16  part of the bid and maintained throughout the course of the

17  games, then the Olympic Games Guaranty Account shall be

18  terminated.

19         (4)  Under this act, the state shall be a payor of last

20  resort with regard to any net financial deficit. In no event

21  may the direct-support organization authorized under s.

22  288.1229, Florida Statutes, permit the security provided by

23  the state pursuant to this act to be accessed to cover any net

24  financial deficit indemnified by the state under the games

25  support contracts until all of the following occurs:

26         (a)  The security provided by the local organizing

27  committee pursuant to this act is fully expended and

28  exhausted;

29         (b)  Any security provided by any other person or

30  entity is fully expended and exhausted;

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    Florida House of Representatives - 2000          CS/CS/HB 1909

    696-185-00






  1         (c)  The limits of all available insurance policies

  2  covering the net financial deficit, or any expense or

  3  liability used in determining the net financial deficit, have

  4  been fully expended and exhausted; and

  5         (d)  Contribution has been sought, where practical and

  6  feasible, from all persons who bear any legal responsibility

  7  for the net financial deficit, or any expense or liability

  8  used in determining the net financial deficit.

  9         (5)  The State of Florida may choose to fund the

10  Olympic Games Guaranty Account in any manner it deems

11  appropriate.

12         (6)  No additional state funds shall be deposited into

13  the Olympic Games Guaranty Account once the direct-support

14  organization authorized under s. 288.1229, Florida Statutes,

15  determines that the account has achieved, or is reasonably

16  expected to accrue, a sufficient balance to provide adequate

17  security, acceptable to the United States Olympic Committee

18  and the International Olympic Committee, to demonstrate the

19  state's ability to fulfill its obligations under the games

20  support contracts to indemnify and insure up to $175 million

21  of any net financial deficit resulting from the conduct of the

22  games.

23         (7)  Moneys in the Olympic Games Guaranty Account shall

24  not be subject to the provisions of s. 216.301(1)(a), Florida

25  Statutes. Any funds maintained in the Olympic Games Guaranty

26  Account shall be assigned to the State Board of Administration

27  for investment.

28         (8)  If the candidate city is selected by the

29  International Olympic Committee as the host city for the

30  games, the Olympic Games Guaranty Account shall be terminated

31  upon the determination by the direct-support organization

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1  authorized under s. 288.1229, Florida Statutes, that the

  2  state's obligations under the games support contracts to

  3  indemnify and insure against any net financial deficit

  4  resulting from the conduct of the games are concluded.  If the

  5  candidate city is not selected by the United States Olympic

  6  Committee as the United States candidate city to host the

  7  games, or if the candidate city is not selected by the

  8  International Olympic Committee as the host city for the

  9  games, then the Olympic Games Guaranty Account shall be

10  immediately terminated.

11         (9)  Upon the termination of the Olympic Games Guaranty

12  Account, all sums earmarked or transferred to the Olympic

13  Games Guaranty Account from the Working Capital Fund shall

14  immediately revert to the Working Capital Fund and shall be

15  free for other uses, and all sums appropriated to the Olympic

16  Games Guaranty Account from the General Revenue Fund, and any

17  investment earnings retained in the Olympic Games Guaranty

18  Account, shall immediately revert to the General Revenue Fund

19  and be available for appropriation.

20         Section 5.  State execution of games support contracts;

21  assistance of state agencies.--

22         (1)  The direct-support organization authorized under

23  s. 288.1229, Florida Statutes, shall review an application

24  from a local organizing committee that the direct-support

25  organization authorized under s. 288.1229, Florida Statutes,

26  on behalf of the state, commit to enter into a games support

27  contract that is required by the United States Olympic

28  Committee or the International Olympic Committee in connection

29  with the selection of a candidate city in this state to host

30  the games.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (2)  An application made under subsection (1) must be

  2  accompanied by:

  3         (a)  A description and summary of the games for which

  4  host city designation is sought by the local organizing

  5  committee.

  6         (b)  A description of the proposal the local organizing

  7  committee intends to submit to the United States Olympic

  8  Committee, including the proposed venues to be used to conduct

  9  the games.

10         (c)  Projections of the paid attendance and direct and

11  indirect economic impact of the games on the state and the

12  candidate city, including the basis and methodology for such

13  projections.

14         (d)  The anticipated total cost of presenting the games

15  and the committee's plan for financing this cost.

16         (e)  The resources committed to the conduct of the

17  games by the candidate city and any other participating

18  municipalities and other government entities.

19         (f)  Any other information reasonably requested by the

20  direct-support organization authorized under s. 288.1229,

21  Florida Statutes, within 60 days after receipt of the

22  application, to assist the direct-support organization in

23  completing its evaluation as required under subsection (3).

24         (3)  Within 30 days after receiving all information

25  required under subsection (2), the direct-support organization

26  authorized under s. 288.1229, Florida Statutes, shall approve

27  or deny any application made under subsection (1).  In making

28  this determination, the direct-support organization must make

29  findings regarding the following:

30         (a)  The reasonableness and reliability of the local

31  organizing committee's revenue and expenditure projections.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (b)  The reasonableness and reliability of the

  2  projection relating to the direct and indirect economic impact

  3  of hosting the games.

  4         (c)  The extent to which the candidate city and other

  5  participating jurisdictions have committed sufficient

  6  resources to the conduct of the games.

  7         (d)  The extent to which the local organizing committee

  8  has sought to maximize the use of existing venues throughout

  9  the state, within the limitation imposed by the United States

10  Olympic Committee regarding transportation, accommodations,

11  facility capacity, and customs and practices.

12         (e)  The extent to which the local organizing committee

13  has demonstrated that it has provided, is capable of

14  providing, has financial or other commitments to provide for,

15  or provides findings of projected financial revenues

16  reasonably calculated to cover the costs incurred or

17  anticipated in relation to presentation of the games.

18         (f)  The extent to which the state's obligations and

19  risks are reasonable in light of the anticipated benefits to

20  the state and its citizens.

21         (4)  The direct-support organization authorized under

22  s. 288.1229, Florida Statutes, may agree in a joinder

23  undertaking entered into with the United States Olympic

24  Committee or the International Olympic Committee that the

25  direct-support organization authorized under s. 288.1229,

26  Florida Statutes, will:

27         (a)  Execute a joinder agreement if the United States

28  Olympic Committee selects a candidate city in the state to

29  host the games.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (b)  Refrain from taking any action after the execution

  2  of the joinder undertaking that would impair its ability to

  3  execute the joinder agreement.

  4         (5)  The direct-support organization authorized under

  5  s. 288.1229, Florida Statutes, may agree in a joinder

  6  agreement that the state will fulfill its obligations under a

  7  games support contract to indemnify and insure the United

  8  States Olympic Committee or the International Olympic

  9  Committee against any net financial deficit resulting from the

10  conduct of the games.

11         (6)  The direct-support organization authorized under

12  s. 288.1229, Florida Statutes, may agree to execute a games

13  support contract only if the candidate city has executed a

14  contract with the United States Olympic Committee that

15  contains substantially similar terms, and:

16         (a)  The findings made pursuant to section 3 continue

17  to be valid.

18         (b)  The state's obligations and risk pursuant to the

19  games support contract are reasonable in light of the

20  anticipated benefits to the state and its citizens.

21         (c)  Any financial commitments of the state will be

22  satisfied exclusively by recourse to the Olympic Games

23  Guaranty Account.

24         (7)  The direct-support organization authorized under

25  s. 288.1229, Florida Statutes, may require a local organizing

26  committee to list the state as an additional insured on any

27  policy of insurance purchased by the local organizing

28  committee and required by the United States Olympic Committee

29  or the International Olympic Committee to be in effect in

30  connection with the games.

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (8)  The Florida Department of Transportation, the

  2  Florida Department of Law Enforcement, the Florida Department

  3  of Community Affairs, Enterprise Florida, Inc., the Office of

  4  Tourism, Trade, and Economic Development, the Florida Tourism

  5  Commission, the direct-support organization authorized under

  6  s. 288.1229, Florida Statutes, and the Florida Tourism

  7  Industry Marketing Corporation may:

  8         (a)  Assist a local organizing committee in developing

  9  applications and planning for the games.

10         (b)  Enter into contracts, agreements, or assurances

11  relating to the presentation of the games.

12         (9)  Notwithstanding any other provision of this act,

13  the direct-support organization authorized under s. 288.1229,

14  Florida Statutes, may not obligate the state to pay or

15  otherwise provide funds to cover the costs of the construction

16  or purchase of a building or other facility by a city.

17         Section 6.  Local organizing committee;

18  responsibilities.--

19         (1)  The local organizing committee shall not engage in

20  any conduct which reflects unfavorably upon the State of

21  Florida, the candidate city, or the Olympic movement, or which

22  is contrary to law or to the rules and regulations of the

23  United States Olympic Committee and the International Olympic

24  Committee.

25         (2)  By April 15 annually, the local organizing

26  committee shall certify to the direct-support organization

27  authorized under s. 288.1229, Florida Statutes, that the local

28  organizing committee:

29         (a)  Is a nonprofit corporation, duly organized and

30  validly existing for the purpose of pursuing a candidate

31  city's bid to host the games;

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    Florida House of Representatives - 2000          CS/CS/HB 1909

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  1         (b)  Is qualified as a tax-exempt organization under s.

  2  501(c)(3) of the Internal Revenue Code, contributions to which

  3  are deductible by contributors; and

  4         (c)  Has, and will continue to maintain, a 20-percent

  5  representation of athletes on its board of directors and

  6  executive committee, as required by organizational documents

  7  of the committee.

  8         (3)  The local organizing committee shall maintain, in

  9  accordance with generally accepted accounting principles,

10  complete and accurate books and records of all receipts,

11  expenditures, assets, and liabilities of the committee.

12         (4)  The local organizing committee shall provide to

13  the direct-support organization authorized under s. 288.1229,

14  Florida Statutes, in the form and manner in which they are

15  provided to the United States Olympic Committee, annual

16  audited financial statements prepared in accordance with

17  generally accepted accounting principles consistently applied,

18  and certified by an independent accounting firm.

19         Section 7.  This act shall take effect upon becoming a

20  law.

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