HB 0073CS

CHAMBER ACTION




1The Committee on Business Regulation recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to jai alai; amending s. 550.002, F.S.;
7revising the definition of the term "full schedule of live
8racing or games" for certain jai alai permitholders;
9amending s. 550.09511, F.S.; revising provisions for
10payment of taxes by certain jai alai permitholders;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (11) of section 550.002, Florida
16Statutes, is amended to read:
17     550.002  Definitions.--As used in this chapter, the term:
18     (11)  "Full schedule of live racing or games" means, for a
19greyhound or jai alai permitholder, the conduct of a combination
20of at least 100 live evening or matinee performances during the
21preceding year; for a jai alai permitholder under whose permit a
22minimum of 100 live performances per year were conducted for at
23least 10 years after December 31, 1992, the conduct of a
24combination of at least 40 live evening or matinee performances
25during the preceding year; for a permitholder who has a
26converted permit or filed an application on or before June 1,
271990, for a converted permit, the conduct of a combination of at
28least 100 live evening and matinee wagering performances during
29either of the 2 preceding years; for a harness permitholder, the
30conduct of at least 100 live regular wagering performances
31during the preceding year; for a quarter horse permitholder, the
32conduct of at least 40 live regular wagering performances during
33the preceding year; and for a thoroughbred permitholder, the
34conduct of at least 40 live regular wagering performances during
35the preceding year. For a permitholder which is restricted by
36statute to certain operating periods within the year when other
37members of its same class of permit are authorized to operate
38throughout the year, the specified number of live performances
39which constitute a full schedule of live racing or games shall
40be adjusted pro rata in accordance with the relationship between
41its authorized operating period and the full calendar year and
42the resulting specified number of live performances shall
43constitute the full schedule of live games for such permitholder
44and all other permitholders of the same class within 100 air
45miles of such permitholder. A live performance must consist of
46no fewer than eight races or games conducted live for each of a
47minimum of three performances each week at the permitholder's
48licensed facility under a single admission charge.
49     Section 2.  Subsection (4) of section 550.09511, Florida
50Statutes, is renumbered as subsection (5) and a new subsection
51(4) is added to said section to read:
52     550.09511  Jai alai taxes; abandoned interest in a permit
53for nonpayment of taxes.--
54     (4)  A jai alai permitholder conducting fewer than 100 live
55performances in any calendar year shall pay to the state the
56same aggregate amount of daily license fees on live jai alai
57games, admissions tax, and tax on live handle as that
58permitholder paid to the state during the most recent prior
59calendar year in which the jai alai permitholder conducted at
60least 100 live performances.
61     (5)(4)  In the event that a court of competent jurisdiction
62determines any of the provisions of this section to be
63unconstitutional, it is the intent of the Legislature that the
64provisions contained in this section shall be null and void and
65that the provisions of s. 550.0951 shall apply to all jai alai
66permitholders beginning on the date of such judicial
67determination. To this end, the Legislature declares that it
68would not have enacted any of the provisions of this section
69individually and, to that end, expressly finds them not to be
70severable.
71     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.