Amendment
Bill No. 1047
Amendment No. 547843
CHAMBER ACTION
Senate House
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1Representative(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
6be issued to an applicant holding a permit under chapter 550 to
7conduct pari-mutuel wagering on live jai alai performances
8unless the applicant has on file with the division a binding
9collective bargaining agreement with the International Jai Alai
10Players Association that contains provisions dedicating
11percentages of slot machine revenues, retained after the payment
12of state tax pursuant to s. 551.106, to supplementing player
13base salaries, supplementing retirement and pension funds, and
14funding competitive purses for international tournaments or such
15other binding agreement containing such provisions.
16     (b)  If an impasse in the collective bargaining process
17prevents the collective bargaining agreement required under
18paragraph (a) from being filed with the division for a slot
19machine license or renewal, the provisions dedicating
20percentages of slot machine revenues to supplementing player
21base salaries, supplementing retirement and pension funds, and
22funding competitive purses for international tournaments shall
23be subject to binding arbitration.
24     (c)1.  If a collective bargaining impasse is reached, the
25applicant shall immediately ask the American Arbitration
26Association to furnish a list of 11 arbitrators, each of whom
27shall have at least 5 years of commercial arbitration experience
28and no financial interest in or prior relationship with any of
29the parties or their affiliated or related entities or
30principles. Each required party to the agreement shall select a
31single arbitrator from the list provided by the American
32Arbitration Association within 10 days after receipt, and the
33individuals so selected shall choose an additional arbitrator
34from the list within the next 10 days. The three arbitrators
35selected shall constitute the panel that shall arbitrate the
36dispute between the parties pursuant to the American Arbitration
37Association Commercial Arbitration Rules and chapter 682.
38     2.  At  the conclusion of the proceedings, which shall be
39within 60 days after the selection of the arbitration panel, the
40panel shall present to the parties a proposed agreement that a
41majority of the panel believes equitably balances the rights,
42interests, obligations, and reasonable expectations of the
43parties concerning the provisions described in paragraph (b).
44The parties shall immediately enter into such agreement, which
45shall be filed with the division and which shall satisfy the
46requirements of paragraph (a) and permit issuance of the pending
47initial slot machine license or renewal, notwithstanding that a
48collective bargaining agreement may remain at impasse. The
49agreement produced by the arbitration panel under this paragraph
50shall be effective until the last day of the license or renewal
51period or until the parties enter into a different agreement
52concerning such issues, including a collective bargaining
53agreement. Each party shall pay its respective costs of
54arbitration and shall pay one-half of the costs of the
55arbitration panel, unless the parties otherwise agree.
56     (d)  The division shall suspend a slot machine license if
57the agreement entered into by the parties as a result of
58arbitration under subparagraph (c)2. is terminated or otherwise
59ceases to operate or if the division determines that the
60licensee is materially failing to comply with the provisions of
61such agreement. Any such suspension shall take place in
62accordance with chapter 120.
63     (e)  If any provision of this subsection or its application
64to any person or circumstance is held invalid, the invalidity
65does not affect other provisions or applications of this
66subsection or chapter which can be given effect without the
67invalid provision or application, and to this end the provisions
68of 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:
72551.104, Florida Statutes, is amended, and subsection (11) is
73added 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:
78a drug-testing program; providing licensing conditions on
79holders of jai alai permits; amending s. 551.1045, F.S.;


CODING: Words stricken are deletions; words underlined are additions.