| 1 | Representative(s) Pickens, Bowen, Baxley, Cretul and Jennings |
| 2 | offered the following: |
| 3 |
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| 4 | Amendment (with title amendment) |
| 5 | Remove line(s) 762 and 763, insert: |
| 6 | 551.1078 License conditions for holders of thoroughbred |
| 7 | pari-mutuel wagering permits.-- |
| 8 | (1) No slot machine license or renewal thereof shall be |
| 9 | issued to an applicant holding a permit under chapter 550 to |
| 10 | conduct pari-mutuel wagering meets on thoroughbred racing unless |
| 11 | the applicant has filed with the division and the Division of |
| 12 | Pari-Mutuel Wagering a written agreement governing the |
| 13 | distribution of purses and breeders, stallion, and special |
| 14 | racing awards under chapter 550, executed by the licensee, the |
| 15 | Florida Horsemen's Protective and Benevolent Association, and |
| 16 | the Florida Thoroughbred Breeders' Association. |
| 17 | (2)(a) If the agreement required in subsection (1) is not |
| 18 | in place 120 days prior to the scheduled issuance of a slot |
| 19 | machine license or renewal, the applicant shall immediately ask |
| 20 | the American Arbitration Association to furnish a list of 11 |
| 21 | arbitrators, each of whom shall have at least 5 years of |
| 22 | commercial arbitration experience and no financial interest in |
| 23 | or prior relationship with any of the parties or their |
| 24 | affiliated or related entities or principals. Each party shall |
| 25 | select a single arbitrator from the list provided by the |
| 26 | American Arbitration Association within 10 days after receipt of |
| 27 | the list, and the individuals so selected shall choose two |
| 28 | additional arbitrators from the list within the next 10 days. |
| 29 | (b) If the agreement required in subsection (1) is not in |
| 30 | place 60 days prior to the scheduled issuance of a slot machine |
| 31 | license or renewal, the matter shall be immediately submitted to |
| 32 | mandatory binding arbitration to resolve the disagreements among |
| 33 | the parties. The five arbitrators selected pursuant to paragraph |
| 34 | (a) shall constitute the panel that shall arbitrate the dispute |
| 35 | between the parties pursuant to the American Arbitration |
| 36 | Association Commercial Arbitration Rules and chapter 682. |
| 37 | (c) At the conclusion of the proceedings, which shall be |
| 38 | no later than 30 days prior to the scheduled issuance of the |
| 39 | slot machine license or renewal, the arbitration panel shall |
| 40 | present to the parties a proposed agreement that the panel |
| 41 | believes equitably balances the rights, interests, obligations, |
| 42 | and reasonable expectations of the parties. The parties shall |
| 43 | immediately enter into such agreement, which shall satisfy the |
| 44 | requirements of subsection (1) and permit issuance of the |
| 45 | pending annual slot machine license or renewal only. The |
| 46 | agreement produced pursuant to this subsection shall be |
| 47 | effective until the last day of the pending license or renewal |
| 48 | or until the parties enter into a different agreement. Each |
| 49 | party shall pay its respective costs of arbitration and shall |
| 50 | pay one-third of the costs of the arbitration panel, unless the |
| 51 | parties otherwise agree. |
| 52 |
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| 53 | =========== D I R E C T O R Y A M E N D M E N T ========== |
| 54 | Remove line(s) 393 and insert: |
| 55 | sections 551.101, 551.103, 551.105, 551.107, 551.1073, 551.1075, |
| 56 | 551.1078, |
| 57 |
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| 58 | ================ T I T L E A M E N D M E N T ============= |
| 59 | Remove line(s) 97 and insert: |
| 60 | fee; providing license conditions for holders of thoroughbred |
| 61 | pari-mutuel wagering permits; providing for deposit of the fee |
| 62 | into the Slot |