1 | Representative(s) Altman, Cusack, Dean, and Reagan offered the |
2 | following: |
3 |
|
4 | Amendment to Amendment (036187) (with directory and title |
5 | amendments) |
6 | Remove line(s) 6-142 and insert: |
7 | Section 2. (1)(a) A video lottery retailer holding a |
8 | permit under chapter 550, Florida Statutes, to conduct pari- |
9 | mutuel wagering on live races or games may not conduct video |
10 | lottery games unless the retailer has on file with the Division |
11 | of Pari-mutuel Wagering of the Department of Business and |
12 | Professional Regulation a binding collective bargaining |
13 | agreement with the Florida Horsemen's Benevolent and Protective |
14 | Association, Inc., the Florida Standardbred Breeders and Owners |
15 | Association, the Florida Greyhound Association, Inc., or the |
16 | International Jai Alai Players Association that contains |
17 | provisions dedicating percentages of net terminal income, |
18 | retained after the payment of the allocations required under s. |
19 | 24.127(7), Florida Statutes, to supplementing base salaries, |
20 | supplementing retirement and pension funds, and funding |
21 | competitive purses or such other binding agreement containing |
22 | such provisions. |
23 | (b) If an impasse in the collective bargaining process |
24 | prevents the collective bargaining agreement required under |
25 | paragraph (a) from being filed with the Division of Pari-mutuel |
26 | Wagering in order to conduct video lottery games, or a |
27 | collective bargaining agreement is reached but does not contain |
28 | the required provisions specified in paragraph (a), the |
29 | provisions dedicating percentages of net terminal income to |
30 | supplementing player base salaries, supplementing retirement and |
31 | pension funds, and funding competitive purses for international |
32 | tournaments shall be subject to binding arbitration. |
33 | (c)1. If a collective bargaining impasse is reached, the |
34 | applicant shall immediately ask the American Arbitration |
35 | Association to furnish a list of 11 arbitrators, each of whom |
36 | shall have at least 5 years of commercial arbitration experience |
37 | and no financial interest in or prior relationship with any of |
38 | the parties or their affiliated or related entities or |
39 | principals. Each required party to the agreement shall select a |
40 | single arbitrator from the list provided by the American |
41 | Arbitration Association within 10 days after receipt, and the |
42 | individuals so selected shall choose an additional arbitrator |
43 | from the list within the next 10 days. The three arbitrators |
44 | selected shall constitute the panel that shall arbitrate the |
45 | dispute between the parties pursuant to the American Arbitration |
46 | Association Commercial Arbitration Rules and chapter 682, |
47 | Florida Statutes. |
48 | 2. At the conclusion of the proceedings, which shall be |
49 | within 60 days after the selection of the arbitration panel, the |
50 | panel shall present to the parties a proposed agreement that a |
51 | majority of the panel believes equitably balances the rights, |
52 | interests, obligations, and reasonable expectations of the |
53 | parties concerning the provisions described in paragraph (b). |
54 | The parties shall immediately enter into such agreement, which |
55 | shall be filed with the Division of Pari-mutuel Wagering and |
56 | which shall satisfy the requirements of paragraph (a) and permit |
57 | the conduct of video lottery games by the video lottery |
58 | retailer, notwithstanding that a collective bargaining agreement |
59 | may remain at impasse. The agreement produced by the arbitration |
60 | panel under this paragraph shall be effective until the |
61 | anniversary date of the initial issuance of the video lottery |
62 | retailer license and annually on the same date thereafter, or |
63 | until the parties enter into a different agreement concerning |
64 | such issues, including a collective bargaining agreement. Each |
65 | party shall pay its respective costs of arbitration and shall |
66 | pay one-half of the costs of the arbitration panel, unless the |
67 | parties otherwise agree. |
68 | (d) The Department of the Lottery shall suspend the |
69 | conduct of video lottery games if the agreement entered into by |
70 | the parties as a result of arbitration under subparagraph (c)2. |
71 | is terminated or otherwise ceases to operate or if the division |
72 | determines that the licensee is materially failing to comply |
73 | with the provisions of such agreement. Any such suspension shall |
74 | take place in accordance with chapter 120, Florida Statutes. |
75 | (2) If any provision of this section or its application to |
76 | any person or circumstance is held invalid, the invalidity does |
77 | not affect other provisions or applications of this section or |
78 | act which can be given effect without the invalid provision or |
79 | application, and to this end the provisions of this section are |
80 | severable. |
81 | Section 3. Paragraph (a) of subsection (10) of section |
82 | 551.104, Florida Statutes, is amended to read: |
83 | 551.104 License to conduct slot machine gaming.-- |
84 | (10)(a) No slot machine license or renewal thereof shall |
85 | be issued to an applicant holding a permit under chapter 550 to |
86 | conduct pari-mutuel wagering meets of thoroughbred racing or |
87 | games unless the applicant has on file with the division a |
88 | binding written agreement between the applicant and the Florida |
89 | Horsemen's Benevolent and Protective Association, Inc., the |
90 | Florida Standardbred Breeders and Owners Association, the |
91 | Florida Greyhound Association, Inc., or the International Jai |
92 | Alai Players Association governing the payment of purses and |
93 | awards on live thoroughbred races or games conducted at the |
94 | licensee's pari-mutuel facility. In addition, no slot machine |
95 | license or renewal thereof shall be issued to such an applicant |
96 | unless the applicant has on file with the division a binding |
97 | written agreement between the applicant and the Florida |
98 | Thoroughbred Breeders' Association, Inc., governing the payment |
99 | of breeders', stallion, and special racing awards on live |
100 | thoroughbred races conducted at the licensee's pari-mutuel |
101 | facility, or between the applicant and the Florida Standardbred |
102 | Breeders and Owners Association, the Florida Greyhound |
103 | Association, Inc., or the International Jai Alai Players |
104 | Association governing the payment of purses and awards on live |
105 | races or games conducted at the licensee's pari-mutuel facility. |
106 | The agreement governing purses and the agreement governing |
107 | awards may direct the payment of such purses and awards from |
108 | revenues generated by any wagering or gaming the applicant is |
109 | authorized to conduct under Florida law. All purses and awards |
110 | shall be subject to the terms of chapter 550. All sums for |
111 | breeders', stallion, and special racing awards shall be remitted |
112 | monthly to the Florida Thoroughbred Breeders' Association, Inc., |
113 | for the payment of awards subject to the administrative fee |
114 | authorized in s. 550.2625(3). |
115 |
|
116 | ======== T I T L E A M E N D M E N T ======== |
117 | Remove line(s) 150-155 and insert: |
118 | trademark; requiring video lottery retailers who to execute |
119 | agreements supplementing salaries, supplementing retirement and |
120 | pension funds, and funding certain purses; amending s. 551.104, |
121 | F.S.; revising conditions for issuance or renewal of a slot |
122 | machine license; requiring certain agreements be in effect and |
123 | on file with the Division of Pari-mutuel Wagering; providing an |
124 | effective date. |