| 1 | The Committee on Business Regulation recommends the following: |
| 2 |
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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. |
| 12 |
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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. |