House Bill 0981

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    Florida House of Representatives - 2000                 HB 981

        By Representative Johnson






  1                      A bill to be entitled

  2         An act relating to motorsports entertainment;

  3         creating s. 549.10, F.S.; creating the

  4         "Motorsports Entertainment Complex Act of

  5         2000"; providing definitions; providing for

  6         contracts; providing for requirements with

  7         respect to certain contracts; providing an

  8         effective date.

  9

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

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12         Section 1.  Section 549.10, Florida Statutes, is

13  created to read:

14         549.10  Motorsports entertainment complex; contracts.--

15         (1)  This section may be cited as the "Motorsports

16  Entertainment Complex Act of 2000."

17         (2)  As used in this section:

18         (a)  "Motorsports entertainment complex" means a

19  closed-course racing facility, and ancillary grounds and

20  facilities, which:

21         1.  Has not less than 70,000 permanent seats for race

22  patrons.

23         2.  Has not less than 7 scheduled days of motorsports

24  events each calendar year.

25         3.  Has not fewer than four motorsports races each

26  calendar year.

27         4.  Serves food at the facility during sanctioned

28  motorsports races.

29         5.  Engages in tourism promotion.

30         6.  Has on the property permanent exhibitions of

31  motorsports history, events, or vehicles.

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    Florida House of Representatives - 2000                 HB 981

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  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 the

  5  motorsports entertainment complex, a person who leases the

  6  motorsports entertainment complex or the land on which the

  7  motorsports entertainment complex is located, from the Federal

  8  Government, the state, or a county, city, or special district,

  9  and operates the motorsports entertainment complex, or a

10  person who operates and maintains the motorsports

11  entertainment complex pursuant to an operation and management

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

13  or a county, city, 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 which

23  establishes an annual schedule of motorsports events and

24  grants rights to conduct such events, has established and

25  administers rules and regulations governing all participants

26  involved in such events and all persons conducting such

27  events, and requires certain liability assurances, including

28  insurance.

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

30  the owner of a motorsports entertainment complex may enter

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    Florida House of Representatives - 2000                 HB 981

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  1  into a promotional contract, including a contract which may

  2  require the payment of fees, with any other person, except:

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

  4  person is also licensed as a manufacturer;

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

  6  such person is also licensed as a manufacturer; or

  7         3.  A person licensed under s. 565.03.

  8

  9  However, the exception in subparagraph 3. shall not apply to

10  any contract or to the renewal or extension of any contract in

11  effect prior to October 1, 2000.

12         (b)  The owner of a motorsports entertainment complex

13  shall not be considered a vendor under s. 561.14 by reason of

14  its affiliation with, or being a shareholder of, or sharing in

15  percentage payments with any vendor at the complex licensed

16  under said section, unless:

17         1.  The owner of the motorsports entertainment complex

18  obligates or requires the licensed vendor operating at the

19  motorsports entertainment complex to purchase or sell any

20  particular brand of beverage as defined in s. 561.01 in areas

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

22  the general public shall not include any restricted access

23  areas which are under lease, license, or occupancy contract

24  with the owner.

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

26  knowledge of the owner, is directly or indirectly

27  participating in or contributing to any advertising or

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

29  motorsports entertainment complex.

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

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    Florida House of Representatives - 2000                 HB 981

    717-114B-00






  1            *****************************************

  2                          HOUSE SUMMARY

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      Creates the "Motorsports Entertainment Complex Act of
  4    2000" to regulate contracts with respect to motorsports
      entertainment complexes. See bill for details.
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