Senate Bill 1074c1

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    Florida Senate - 2000                           CS for SB 1074

    By the Committee on Commerce and Economic Opportunities; and
    Senator King




    310-1659-00

  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:

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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                           CS for SB 1074
    310-1659-00




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

  2  motorsports entertainment complex; a person who leases a

  3  motorsports entertainment complex or the land on which a

  4  motorsports entertainment complex is located from the Federal

  5  Government, the state, or a county, municipality, or special

  6  district and operates the motorsports entertainment complex;

  7  or a person who operates and maintains a motorsports

  8  entertainment complex under an operation and management

  9  agreement entered into with the Federal Government, the state,

10  or a county, municipality, 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 who is not

28  licensed as a vendor under chapter 561 may enter into a

29  promotional contract, including a contract with any other

30  person which may require the payment of fees, except:

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    Florida Senate - 2000                           CS for SB 1074
    310-1659-00




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

  2  person is also licensed as a manufacturer;

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

  4  person is also licensed as a manufacturer; or

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

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

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

  8         (b)  The owner of a motorsports entertainment complex

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

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

11  payments with any vendor licensed under that section at the

12  complex and meets the qualifications specified in s. 561.15

13  unless:

14         1.  The owner of the motorsports entertainment complex

15  obligates or requires the licensed vendors operating at the

16  motorsports entertainment complex to purchase or sell any

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

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

19  public do not include any restricted access areas that are

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

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

22  knowledge of the owner, is directly or indirectly

23  participating in or contributing to any advertising or

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

25  motorsports entertainment complex.

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

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    Florida Senate - 2000                           CS for SB 1074
    310-1659-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1074

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  4  This committee substitute specifys that the bill's authority
    to enter into promotional contracts applies only to owners of
  5  motorsports entertainment complexes who are not licensed as a
    vendor of alcoholic beverages.
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