Senate Bill 1074e1

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    CS for SB 1074                           First Engrossed (ntc)



  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 fixed seats for race patrons;

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

20  each calendar year;

21         3.  Has at least four motorsports events each calendar

22  year;

23         4.  Serves food and beverages at the facility during

24  sanctioned events each calendar year through concession

25  outlets, a majority of which are staffed by individuals who

26  represent or are members of one or more nonprofit civic or

27  charitable organizations that directly financially benefit

28  from such concession outlet sales;

29         5.  Engages in tourism promotion; and

30         6.  Has on the property permanent exhibitions of

31  motorsports history, events, or vehicles.


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    CS for SB 1074                           First Engrossed (ntc)



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

  2  its ancillary activities that have been sanctioned by a

  3  sanctioning body.

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

  5  motorsports entertainment complex; a person who leases a

  6  motorsports entertainment complex or the land on which a

  7  motorsports entertainment complex is located from the Federal

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

  9  district and operates the motorsports entertainment complex;

10  or a person who operates and maintains a motorsports

11  entertainment complex under an operation and management

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

13  or a county, municipality, or special district.

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

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

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

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

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

19  National Hot Rod Association (NHRA); Professional Sportscar

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

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

22  nationally recognized governing body of motorsports that

23  establishes an annual schedule of motorsports events and

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

25  administers rules and regulations governing all participants

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

27  and that requires certain liability assurances, including

28  insurance.

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

30  the owner of a motorsports entertainment complex who is not

31  licensed as a vendor under chapter 561 and who meets the


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    CS for SB 1074                           First Engrossed (ntc)



  1  qualifications specified in s. 561.15 may enter into a

  2  promotional contract, including a contract with any other

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

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

  5  person is also licensed as a manufacturer;

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

  7  person is also licensed as a manufacturer; or

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

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

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

11         (b)  The owner of a motorsports entertainment complex

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

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

14  payments with any vendor licensed under that section at the

15  complex and meets the qualifications specified in s. 561.15

16  unless:

17         1.  The owner of the motorsports entertainment complex

18  obligates or requires the licensed vendors operating at the

19  motorsports entertainment complex to purchase or sell any

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

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

22  public do not include any restricted access areas that are

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

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

25  knowledge of the owner, is directly or indirectly

26  participating in or contributing to any advertising or

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

28  motorsports entertainment complex.

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

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