HB 0073 2004
1	A bill to be entitled
2	An act relating to jai alai; amending s. 550.002, F.S.;
3	revising the definition of the term "full schedule of live
4	racing or games" for jai alai permitholders; amending s.
5	550.09511, F.S.; revising provisions for payment of taxes
6	by jai alai permitholders; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1. Subsection (11) of section 550.002, Florida
11	Statutes, is amended to read:
12	550.002 Definitions.--As used in this chapter, the term:
13	(11) "Full schedule of live racing or games" means, for a
14	greyhound or jai alai permitholder, the conduct of a combination
15	of at least 100 live evening or matinee performances during the
16	preceding year; for a permitholder who has a converted permit or
17	filed an application on or before June 1, 1990, for a converted
18	permit, the conduct of a combination of at least 100 live
19	evening and matinee wagering performances during either of the 2
20	preceding years; for a harness permitholder, the conduct of at
21	least 100 live regular wagering performances during the
22	preceding year; for a quarter horse permitholder, or for a jai
23	alai permitholder that conducted at least 100 live performances
24	during state fiscal year 2002-2003, the conduct of at least 40
25	live regular wagering performances during the preceding year;
26	and for a thoroughbred permitholder, the conduct of at least 40
27	live regular wagering performances during the preceding year.
28	For a permitholder which is restricted by statute to certain
29	operating periods within the year when other members of its same
30	class of permit are authorized to operate throughout the year,
31	the specified number of live performances which constitute a
32	full schedule of live racing or games shall be adjusted pro rata
33	in accordance with the relationship between its authorized
34	operating period and the full calendar year and the resulting
35	specified number of live performances shall constitute the full
36	schedule of live games for such permitholder and all other
37	permitholders of the same class within 100 air miles of such
38	permitholder. A live performance must consist of no fewer than
39	eight races or games conducted live for each of a minimum of
40	three performances each week at the permitholder's licensed
41	facility under a single admission charge.
42	Section 2. Subsection (4) of section 550.09511, Florida
43	Statutes, is renumbered as subsection (5) and a new subsection
44	(4) is added to said section to read:
45	550.09511 Jai alai taxes; abandoned interest in a permit
46	for nonpayment of taxes.--
47	(4) A jai alai permitholder conducting fewer than 100 live
48	performances in any state fiscal year shall pay to the state the
49	same aggregate amount of daily license fees on live jai alai
50	games, admissions tax, and tax on live handle as that
51	permitholder paid to the state during the most recent prior
52	state fiscal year in which the jai alai permitholder conducted
53	at least 100 live performances.
54	(5)(4)In the event that a court of competent jurisdiction
55	determines any of the provisions of this section to be
56	unconstitutional, it is the intent of the Legislature that the
57	provisions contained in this section shall be null and void and
58	that the provisions of s. 550.0951 shall apply to all jai alai
59	permitholders beginning on the date of such judicial
60	determination. To this end, the Legislature declares that it
61	would not have enacted any of the provisions of this section
62	individually and, to that end, expressly finds them not to be
63	severable.
64	Section 3. This act shall take effect July 1, 2004.