Senate Bill sb0632e1

    CS for SB 632                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to jai alai; amending s.

  3         550.002, F.S.; redefining the term "full

  4         schedule of live racing or games" for purposes

  5         of ch. 550, F.S., to include a jai alai

  6         permitholder that conducted a certain number of

  7         live performances in a specified time period;

  8         amending s. 550.09511, F.S.; providing the

  9         amount of license fees and taxes for a jai alai

10         permitholder that conducts fewer than 100 live

11         performances in any fiscal year; providing an

12         effective date.

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

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16         Section 1.  Subsection (11) of section 550.002, Florida

17  Statutes, is amended to read:

18         550.002  Definitions.--As used in this chapter, the

19  term:

20         (11)  "Full schedule of live racing or games" means,

21  for a greyhound or jai alai permitholder, the conduct of a

22  combination of at least 100 live evening or matinee

23  performances during the preceding year; for a permitholder who

24  has a converted permit or filed an application on or before

25  June 1, 1990, for a converted permit, the conduct of a

26  combination of at least 100 live evening and matinee wagering

27  performances during either of the 2 preceding years; for a jai

28  alai permitholder under whose permit a minimum of 100 live

29  performances per year were conducted for at least 10 years

30  after December 31, 1992, the conduct of a combination of at

31  least 40 live evening or matinee performances during the


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    CS for SB 632                                  First Engrossed



 1  preceding year; for a harness permitholder, the conduct of at

 2  least 100 live regular wagering performances during the

 3  preceding year; for a quarter horse permitholder, the conduct

 4  of at least 40 live regular wagering performances during the

 5  preceding year; and for a thoroughbred permitholder, the

 6  conduct of at least 40 live regular wagering performances

 7  during the preceding year. For a permitholder which is

 8  restricted by statute to certain operating periods within the

 9  year when other members of its same class of permit are

10  authorized to operate throughout the year, the specified

11  number of live performances which constitute a full schedule

12  of live racing or games shall be adjusted pro rata in

13  accordance with the relationship between its authorized

14  operating period and the full calendar year and the resulting

15  specified number of live performances shall constitute the

16  full schedule of live games for such permitholder and all

17  other permitholders of the same class within 100 air miles of

18  such permitholder. A live performance must consist of no fewer

19  than eight races or games conducted live for each of a minimum

20  of three performances each week at the permitholder's licensed

21  facility under a single admission charge.

22         Section 2.  Present subsection (4) of section

23  550.09511, Florida Statutes, is redesignated as subsection

24  (5), and a new subsection (4) is added to that section to

25  read:

26         550.09511  Jai alai taxes; abandoned interest in a

27  permit for nonpayment of taxes.--

28         (4)  A jai alai permitholder conducting fewer than 100

29  live performances in any calendar year shall pay to the state

30  the same aggregate amount of daily license fees on live jai

31  alai games, admissions tax, and tax on live handle as that


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    CS for SB 632                                  First Engrossed



 1  permitholder paid to the state during the most recent prior

 2  calendar year in which the jai alai permitholder conducted at

 3  least 100 live performances.

 4         (5)(4)  In the event that a court of competent

 5  jurisdiction determines any of the provisions of this section

 6  to be unconstitutional, it is the intent of the Legislature

 7  that the provisions contained in this section shall be null

 8  and void and that the provisions of s. 550.0951 shall apply to

 9  all jai alai permitholders beginning on the date of such

10  judicial determination. To this end, the Legislature declares

11  that it would not have enacted any of the provisions of this

12  section individually and, to that end, expressly finds them

13  not to be severable.

14         Section 3.  This act shall take effect July 1, 2004.

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