House Bill 0981c1

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    Florida House of Representatives - 2000              CS/HB 981

        By the Committee on Regulated Services and Representatives
    Johnson, Patterson, Fuller, Sobel, Jones, Arnall and Lynn





  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 fixed 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 and beverages at the facility during

28  sanctioned events each calendar year through concession

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

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

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    Florida House of Representatives - 2000              CS/HB 981

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  1  charitable organization which directly financially benefit

  2  from such concession outlet sales.

  3         5.  Engages in tourism promotion.

  4         6.  Has on the property permanent exhibitions of

  5  motorsports history, events, or vehicles.

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

  7  its ancillary activities that have been sanctioned by a

  8  sanctioning body.

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

10  motorsports entertainment complex, a person who leases the

11  motorsports entertainment complex or the land on which the

12  motorsports entertainment complex is located, from the Federal

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

14  and operates the motorsports entertainment complex, or a

15  person who operates and maintains the motorsports

16  entertainment complex pursuant to an operation and management

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

18  or a county, city, or special district.

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

20  Association (AMA), Auto Racing Club of America (ARCA),

21  Championship Auto Racing Teams (CART), Grand American Road

22  Racing Association (Grand Am), Indy Racing League (IRL),

23  National Association for Stock Car Auto Racing (NASCAR),

24  National Hot Rod Association (NHRA), Professional Sportscar

25  Racing (PSR), Sports Car Club of America (SCCA), United States

26  Auto Club (USAC), or any successor organization, or any other

27  nationally recognized governing body of motorsports which

28  establishes an annual schedule of motorsports events and

29  grants rights to conduct such events, has established and

30  administers rules and regulations governing all participants

31  involved in such events and all persons conducting such

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    Florida House of Representatives - 2000              CS/HB 981

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  1  events, and requires certain liability assurances, including

  2  insurance.

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

  4  the owner of a motorsports entertainment complex, who is not

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

  6  qualifications specified in s. 561.15, may enter into a

  7  promotional contract, including a contract which may require

  8  the payment of fees, with any other person, except:

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

10  person is also licensed as a manufacturer;

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

12  such person is also licensed as a manufacturer; or

13         3.  A person licensed under s. 565.03.

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

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

17  effect prior to October 1, 2000.

18         (b)  The owner of a motorsports entertainment complex

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

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

21  percentage payments with any vendor at the complex licensed

22  under said section, unless:

23         1.  The owner of the motorsports entertainment complex

24  obligates or requires the licensed vendor operating at the

25  motorsports entertainment complex to purchase or sell any

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

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

28  the general public shall not include any restricted access

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

30  with the owner.

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    Florida House of Representatives - 2000              CS/HB 981

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

  2  knowledge of the owner, is directly or indirectly

  3  participating in or contributing to any advertising or

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

  5  motorsports entertainment complex.

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

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