Senate Bill 1074

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1074

    By Senator King





    8-576A-00

  1                      A bill to be entitled

  2         An act relating to motorsports; creating s.

  3         549.10, F.S.; defining the terms "motorsport

  4         entertainment complex," "motorsports event,"

  5         "owner" and "sanctioning body"; authorizing

  6         contracts for promotional activities; providing

  7         an effective date.

  8

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

10

11         Section 1.  Section 549.10, Florida Statutes, is

12  created to read:

13         549.10  Motorsports entertainment complex; contracts.--

14         (1)  As used in this section, the term:

15         (a)  "Motorsports entertainment complex" means a

16  closed-course motorsports facility and its ancillary grounds

17  and facilities which:

18         1.  Has at least 70,000 permanent seats for race

19  patrons;

20         2.  Has at least 7 scheduled days of motorsports events

21  each calendar year;

22         3.  Has at least four motorsports events each calendar

23  year;

24         4.  Serves food at the facility during sanctioned

25  motorsports events;

26         5.  Engages in tourism promotion; and

27         6.  Has on the property permanent exhibitions of

28  motorsports history, events, or vehicles.

29         (b)  "Motorsports event" means a motorsports race and

30  its ancillary activities that have been sanctioned by a

31  sanctioning body.

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    Florida Senate - 2000                                  SB 1074
    8-576A-00




  1         (c)  "Owner" means a person who owns and operates a

  2  motorsports complex; a person who leases a motorsports

  3  entertainment complex or the land on which a motorsports

  4  entertainment complex is located from the Federal Government,

  5  the state, or a county, municipality, or special district and

  6  operates the motorsports entertainment complex; or a person

  7  who operates and maintains a motorsports entertainment complex

  8  under an operation and management agreement entered into with

  9  the Federal Government, the state, or a county, municipality,

10  or special district.

11         (d)  "Sanctioning body" means the American Motorcycle

12  Association (AMA); Auto Racing Club of America (ARCA);

13  Championship Auto Racing Teams (CART); Grand American Road

14  Racing Association (GRAND AM); Indy Racing League (IRL);

15  National Association for Stock Car Auto Racing (NASCAR);

16  National Hot Rod Association (NHRA); Professional Sportscar

17  Racing (PSR); Sports Car Club of America (SCCA); United States

18  Auto Club (USAC); or any successor organization or any other

19  nationally recognized governing body of motorsports that

20  establishes an annual schedule of motorsports events and

21  grants rights to conduct the events, that has established and

22  administers rules and regulations governing all participants

23  involved in the events and all persons conducting the events,

24  and that requires certain liability assurances, including

25  insurance.

26         (2)(a)  Notwithstanding any other law to the contrary,

27  the owner of a motorsports entertainment complex may enter

28  into a promotional contract, including a contract with any

29  other person which may require the payment of fees, except:

30         1.  A person licensed under s. 563.02(3), unless that

31  person is also licensed as a manufacturer;

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    Florida Senate - 2000                                  SB 1074
    8-576A-00




  1         2.  A person licensed under s. 564.02(3)(a) unless that

  2  person is also licensed as a manufacturer; or

  3         3.  A person licensed under s. 565.03. However, this

  4  exception does not apply to any contract or to the renewal or

  5  extension of any contract in effect before October 1, 2000.

  6         (b)  The owner of a motorsports entertainment complex

  7  is not considered a vendor under s. 561.14 merely because it

  8  is affiliated with, a shareholder of, or sharing in percentage

  9  payments with any vendor licensed under that section at the

10  complex unless:

11         1.  The owner of the motorsports entertainment complex

12  obligates or requires the licensed vendors operating at the

13  motorsports entertainment complex to purchase or sell any

14  particular brands of beverages defined in s. 561.01 in areas

15  that are accessible to the public. Areas accessible to the

16  public do not include any restricted access areas that are

17  under lease, license, or occupancy contracts with the owner.

18         2.  A person licensed under s. 563.02(3), with the

19  knowledge of the owner, is directly or indirectly

20  participating in or contributing to any advertising or

21  promotional funds being used to pay fees to the owner of the

22  motorsports entertainment complex.

23         Section 2.  This act shall take effect October 1, 2000.

24

25            *****************************************

26                          SENATE SUMMARY

27    Defines the terms "motorsport entertainment complex,"
      "motorsports events," "owner," and "sanctioning body."
28    Authorizes the owner of a motorsports entertainment
      complex to contract for promotional activities.
29

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