1 | Representative(s) Zapata offered the following: |
2 |
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3 | Amendment (with directory and title amendments) |
4 | Between lines 120 and 121, insert: |
5 | (11)(a) No slot machine license or renewal thereof shall |
6 | be issued to an applicant holding a permit under chapter 550 to |
7 | conduct pari-mutuel wagering on live jai alai performances |
8 | unless the applicant has on file with the division a binding |
9 | collective bargaining agreement with the International Jai Alai |
10 | Players Association that contains provisions dedicating |
11 | percentages of slot machine revenues, retained after the payment |
12 | of state tax pursuant to s. 551.106, to supplementing player |
13 | base salaries, supplementing retirement and pension funds, and |
14 | funding competitive purses for international tournaments or such |
15 | other binding agreement containing such provisions. |
16 | (b) If an impasse in the collective bargaining process |
17 | prevents the collective bargaining agreement required under |
18 | paragraph (a) from being filed with the division for a slot |
19 | machine license or renewal, the provisions dedicating |
20 | percentages of slot machine revenues to supplementing player |
21 | base salaries, supplementing retirement and pension funds, and |
22 | funding competitive purses for international tournaments shall |
23 | be subject to binding arbitration. |
24 | (c)1. If a collective bargaining impasse is reached, the |
25 | applicant shall immediately ask the American Arbitration |
26 | Association to furnish a list of 11 arbitrators, each of whom |
27 | shall have at least 5 years of commercial arbitration experience |
28 | and no financial interest in or prior relationship with any of |
29 | the parties or their affiliated or related entities or |
30 | principles. Each required party to the agreement shall select a |
31 | single arbitrator from the list provided by the American |
32 | Arbitration Association within 10 days after receipt, and the |
33 | individuals so selected shall choose an additional arbitrator |
34 | from the list within the next 10 days. The three arbitrators |
35 | selected shall constitute the panel that shall arbitrate the |
36 | dispute between the parties pursuant to the American Arbitration |
37 | Association Commercial Arbitration Rules and chapter 682. |
38 | 2. At the conclusion of the proceedings, which shall be |
39 | within 60 days after the selection of the arbitration panel, the |
40 | panel shall present to the parties a proposed agreement that a |
41 | majority of the panel believes equitably balances the rights, |
42 | interests, obligations, and reasonable expectations of the |
43 | parties concerning the provisions described in paragraph (b). |
44 | The parties shall immediately enter into such agreement, which |
45 | shall be filed with the division and which shall satisfy the |
46 | requirements of paragraph (a) and permit issuance of the pending |
47 | initial slot machine license or renewal, notwithstanding that a |
48 | collective bargaining agreement may remain at impasse. The |
49 | agreement produced by the arbitration panel under this paragraph |
50 | shall be effective until the last day of the license or renewal |
51 | period or until the parties enter into a different agreement |
52 | concerning such issues, including a collective bargaining |
53 | agreement. Each party shall pay its respective costs of |
54 | arbitration and shall pay one-half of the costs of the |
55 | arbitration panel, unless the parties otherwise agree. |
56 | (d) The division shall suspend a slot machine license if |
57 | the agreement entered into by the parties as a result of |
58 | arbitration under subparagraph (c)2. is terminated or otherwise |
59 | ceases to operate or if the division determines that the |
60 | licensee is materially failing to comply with the provisions of |
61 | such agreement. Any such suspension shall take place in |
62 | accordance with chapter 120. |
63 | (e) If any provision of this subsection or its application |
64 | to any person or circumstance is held invalid, the invalidity |
65 | does not affect other provisions or applications of this |
66 | subsection or chapter which can be given effect without the |
67 | invalid provision or application, and to this end the provisions |
68 | of this subsection are severable. |
69 |
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70 | ====== D I R E C T O R Y A M E N D M E N T ===== |
71 | Remove line(s) 92 and insert: |
72 | 551.104, Florida Statutes, is amended, and subsection (11) is |
73 | added to that section, to read: |
74 |
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75 |
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76 | ======= T I T L E A M E N D M E N T ======= |
77 | Remove line(s) 12 and insert: |
78 | a drug-testing program; providing licensing conditions on |
79 | holders of jai alai permits; amending s. 551.1045, F.S.; |