1 | The Committee on Business Regulation recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to jai alai; amending s. 550.002, F.S.; |
7 | revising the definition of the term "full schedule of live |
8 | racing or games" for certain jai alai permitholders; |
9 | amending s. 550.09511, F.S.; revising provisions for |
10 | payment of taxes by certain jai alai permitholders; |
11 | providing an effective date. |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsection (11) of section 550.002, Florida |
16 | Statutes, 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 |
19 | greyhound or jai alai permitholder, the conduct of a combination |
20 | of at least 100 live evening or matinee performances during the |
21 | preceding year; for a jai alai permitholder under whose permit a |
22 | minimum of 100 live performances per year were conducted for at |
23 | least 10 years after December 31, 1992, the conduct of a |
24 | combination of at least 40 live evening or matinee performances |
25 | during the preceding year; for a permitholder who has a |
26 | converted permit or filed an application on or before June 1, |
27 | 1990, for a converted permit, the conduct of a combination of at |
28 | least 100 live evening and matinee wagering performances during |
29 | either of the 2 preceding years; for a harness permitholder, the |
30 | conduct of at least 100 live regular wagering performances |
31 | during the preceding year; for a quarter horse permitholder, the |
32 | conduct of at least 40 live regular wagering performances during |
33 | the preceding year; and for a thoroughbred permitholder, the |
34 | conduct of at least 40 live regular wagering performances during |
35 | the preceding year. For a permitholder which is restricted by |
36 | statute to certain operating periods within the year when other |
37 | members of its same class of permit are authorized to operate |
38 | throughout the year, the specified number of live performances |
39 | which constitute a full schedule of live racing or games shall |
40 | be adjusted pro rata in accordance with the relationship between |
41 | its authorized operating period and the full calendar year and |
42 | the resulting specified number of live performances shall |
43 | constitute the full schedule of live games for such permitholder |
44 | and all other permitholders of the same class within 100 air |
45 | miles of such permitholder. A live performance must consist of |
46 | no fewer than eight races or games conducted live for each of a |
47 | minimum of three performances each week at the permitholder's |
48 | licensed facility under a single admission charge. |
49 | Section 2. Subsection (4) of section 550.09511, Florida |
50 | Statutes, 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 |
53 | for nonpayment of taxes.-- |
54 | (4) A jai alai permitholder conducting fewer than 100 live |
55 | performances in any calendar year shall pay to the state the |
56 | same aggregate amount of daily license fees on live jai alai |
57 | games, admissions tax, and tax on live handle as that |
58 | permitholder paid to the state during the most recent prior |
59 | calendar year in which the jai alai permitholder conducted at |
60 | least 100 live performances. |
61 | (5)(4) In the event that a court of competent jurisdiction |
62 | determines any of the provisions of this section to be |
63 | unconstitutional, it is the intent of the Legislature that the |
64 | provisions contained in this section shall be null and void and |
65 | that the provisions of s. 550.0951 shall apply to all jai alai |
66 | permitholders beginning on the date of such judicial |
67 | determination. To this end, the Legislature declares that it |
68 | would not have enacted any of the provisions of this section |
69 | individually and, to that end, expressly finds them not to be |
70 | severable. |
71 | Section 3. This act shall take effect July 1, 2004. |