| 1 | Representative(s) Zapata offered the following: |
| 2 |
|
| 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 |
|
| 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 |
|
| 75 |
|
| 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.; |