| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to pari-mutuel permitholders; amending s. |
| 8 | 550.002, F.S.; revising the definition of "full schedule |
| 9 | of live racing or games" for certain jai alai |
| 10 | permitholders; amending s. 550.09511, F.S.; providing for |
| 11 | license fees and taxes for certain jai alai permitholders; |
| 12 | assessing a fee for a jai alai permitholder who fails to |
| 13 | apply for and be issued an annual license to conduct |
| 14 | performances; providing for disposition of the fee; |
| 15 | providing for adoption of rules; providing for escheat of |
| 16 | the permit under specified circumstances; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (11) of section 550.002, Florida |
| 22 | Statutes, is amended to read: |
| 23 | 550.002 Definitions.--As used in this chapter, the term: |
| 24 | (11) "Full schedule of live racing or games" means, for a |
| 25 | greyhound or jai alai permitholder, the conduct of a combination |
| 26 | of at least 100 live evening or matinee performances during the |
| 27 | preceding year; for a permitholder who has a converted permit or |
| 28 | filed an application on or before June 1, 1990, for a converted |
| 29 | permit, the conduct of a combination of at least 100 live |
| 30 | evening and matinee wagering performances during either of the 2 |
| 31 | preceding years; for a jai alai permitholder who does not |
| 32 | operate slot machines within the permitholder's licensed pari- |
| 33 | mutuel facility and under whose permit a minimum of 100 live |
| 34 | performances per year were conducted for at least 10 years after |
| 35 | December 31, 1992, the conduct of a combination of at least 40 |
| 36 | live evening or matinee performances during the preceding year; |
| 37 | for a harness permitholder, the conduct of at least 100 live |
| 38 | regular wagering performances during the preceding year; for a |
| 39 | quarter horse permitholder, the conduct of at least 40 live |
| 40 | regular wagering performances during the preceding year; and for |
| 41 | a thoroughbred permitholder, the conduct of at least 40 live |
| 42 | regular wagering performances during the preceding year. For a |
| 43 | permitholder which is restricted by statute to certain operating |
| 44 | periods within the year when other members of its same class of |
| 45 | permit are authorized to operate throughout the year, the |
| 46 | specified number of live performances which constitute a full |
| 47 | schedule of live racing or games shall be adjusted pro rata in |
| 48 | accordance with the relationship between its authorized |
| 49 | operating period and the full calendar year and the resulting |
| 50 | specified number of live performances shall constitute the full |
| 51 | schedule of live games for such permitholder and all other |
| 52 | permitholders of the same class within 100 air miles of such |
| 53 | permitholder. A live performance must consist of no fewer than |
| 54 | eight races or games conducted live for each of a minimum of |
| 55 | three performances each week at the permitholder's licensed |
| 56 | facility under a single admission charge. |
| 57 | Section 2. Subsection (4) of section 550.09511, Florida |
| 58 | Statutes, is renumbered as subsection (6), and new subsections |
| 59 | (4) and (5) are added to said section to read: |
| 60 | 550.09511 Jai alai taxes; abandoned interest in a permit |
| 61 | for nonpayment of taxes.-- |
| 62 | (4) A jai alai permitholder conducting fewer than 100 live |
| 63 | performances in any calendar year shall pay to the state the |
| 64 | same aggregate amount of daily license fees on live jai alai |
| 65 | games, admissions tax, and tax on live handle as that |
| 66 | permitholder paid to the state during the most recent prior |
| 67 | calendar year in which the jai alai permitholder conducted at |
| 68 | least 100 live performances. |
| 69 | (5) Beginning July 1, 2005, any jai alai permitholder who |
| 70 | has not applied for and been issued a license pursuant to s. |
| 71 | 550.01215 to conduct performances during the next fiscal year |
| 72 | shall be assessed a fee of $10,000 annually to be deposited into |
| 73 | the Pari-mutuel Wagering Trust Fund for distribution by the |
| 74 | division jointly to the National Association of Jai Alai |
| 75 | Frontons and the International Jai Alai Players Association to |
| 76 | be used for the general promotion of the professional sport of |
| 77 | jai alai in the state. The division may adopt rules necessary |
| 78 | for the orderly distribution of the fees. Upon the |
| 79 | permitholder's failure to pay the annual fee by June 30 of each |
| 80 | year, the permit shall become void and escheat to the state. |
| 81 | Section 3. This act shall take effect July 1, 2005. |