| 1 | Representative(s) Zapata offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (165297) to the Senate |
| 4 | Bill (with title amendment) |
| 5 | On page 1, between line(s) 21 and 22, insert: |
| 6 | Section 2. (1)(a) A video lottery retailer holding a |
| 7 | permit under chapter 550, Florida Statutes, to conduct pari- |
| 8 | mutuel wagering on live jai alai performances may not conduct |
| 9 | video lottery games unless the retailer has on file with the |
| 10 | Division of Pari-mutuel Wagering of the Department of Business |
| 11 | and Professional Regulation a binding collective bargaining |
| 12 | agreement with the International Jai Alai Players Association |
| 13 | that contains provisions dedicating percentages of net terminal |
| 14 | income, retained after the payment of the allocations required |
| 15 | under s. 24.127(7), Florida Statutes, to supplementing player |
| 16 | base salaries, supplementing retirement and pension funds, and |
| 17 | funding competitive purses for international tournaments or such |
| 18 | other binding agreement containing such provisions. |
| 19 | (b) If an impasse in the collective bargaining process |
| 20 | prevents the collective bargaining agreement required under |
| 21 | paragraph (a) from being filed with the Division of Pari-mutuel |
| 22 | Wagering in order to conduct video lottery games, or a |
| 23 | collective bargaining agreement is reached but does not contain |
| 24 | the required provisions specified in paragraph (a), the |
| 25 | provisions dedicating percentages of net terminal income to |
| 26 | supplementing player base salaries, supplementing retirement and |
| 27 | pension funds, and funding competitive purses for international |
| 28 | tournaments shall be subject to binding arbitration. |
| 29 | (c)1. If a collective bargaining impasse is reached, the |
| 30 | applicant shall immediately ask the American Arbitration |
| 31 | Association to furnish a list of 11 arbitrators, each of whom |
| 32 | shall have at least 5 years of commercial arbitration experience |
| 33 | and no financial interest in or prior relationship with any of |
| 34 | the parties or their affiliated or related entities or |
| 35 | principals. Each required party to the agreement shall select a |
| 36 | single arbitrator from the list provided by the American |
| 37 | Arbitration Association within 10 days after receipt, and the |
| 38 | individuals so selected shall choose an additional arbitrator |
| 39 | from the list within the next 10 days. The three arbitrators |
| 40 | selected shall constitute the panel that shall arbitrate the |
| 41 | dispute between the parties pursuant to the American Arbitration |
| 42 | Association Commercial Arbitration Rules and chapter 682. |
| 43 | 2. At the conclusion of the proceedings, which shall be |
| 44 | within 60 days after the selection of the arbitration panel, the |
| 45 | panel shall present to the parties a proposed agreement that a |
| 46 | majority of the panel believes equitably balances the rights, |
| 47 | interests, obligations, and reasonable expectations of the |
| 48 | parties concerning the provisions described in paragraph (b). |
| 49 | The parties shall immediately enter into such agreement, which |
| 50 | shall be filed with the Division of Pari-mutuel Wagering and |
| 51 | which shall satisfy the requirements of paragraph (a) and permit |
| 52 | the conduct of video lottery games by the video lottery |
| 53 | retailer, notwithstanding that a collective bargaining agreement |
| 54 | may remain at impasse. The agreement produced by the arbitration |
| 55 | panel under this paragraph shall be effective until the |
| 56 | anniversary date of the initial issuance of the video lottery |
| 57 | retailer license and annually on the same date thereafter, or |
| 58 | until the parties enter into a different agreement concerning |
| 59 | such issues, including a collective bargaining agreement. Each |
| 60 | party shall pay its respective costs of arbitration and shall |
| 61 | pay one-half of the costs of the arbitration panel, unless the |
| 62 | parties otherwise agree. |
| 63 | (d) The Department of the Lottery shall suspend the |
| 64 | conduct of video lottery games if the agreement entered into by |
| 65 | the parties as a result of arbitration under subparagraph (c)2. |
| 66 | is terminated or otherwise ceases to operate or if the division |
| 67 | determines that the licensee is materially failing to comply |
| 68 | with the provisions of such agreement. Any such suspension shall |
| 69 | take place in accordance with chapter 120, Florida Statutes. |
| 70 | (2) If any provision of this section or its application to |
| 71 | any person or circumstance is held invalid, the invalidity does |
| 72 | not affect other provisions or applications of this section or |
| 73 | act which can be given effect without the invalid provision or |
| 74 | application, and to this end the provisions of this subsection |
| 75 | are severable. |
| 76 | Section 3. Subsection (11) is added to section 551.104, |
| 77 | Florida Statutes, to read: |
| 78 | 551.104 License to conduct slot machine gaming.-- |
| 79 | (11)(a) No slot machine license or renewal thereof shall |
| 80 | be issued to an applicant holding a permit under chapter 550 to |
| 81 | conduct pari-mutuel wagering on live jai alai performances |
| 82 | unless the applicant has on file with the division a binding |
| 83 | collective bargaining agreement with the International Jai Alai |
| 84 | Players Association that contains provisions dedicating |
| 85 | percentages of slot machine revenues, retained after the payment |
| 86 | of state tax pursuant to s. 551.106, to supplementing player |
| 87 | base salaries, supplementing retirement and pension funds, and |
| 88 | funding competitive purses for international tournaments or such |
| 89 | other binding agreement containing such provisions. |
| 90 | (b) If an impasse in the collective bargaining process |
| 91 | prevents the collective bargaining agreement required under |
| 92 | paragraph (a) from being filed with the division for a slot |
| 93 | machine license or renewal, the provisions dedicating |
| 94 | percentages of slot machine revenues to supplementing player |
| 95 | base salaries, supplementing retirement and pension funds, and |
| 96 | funding competitive purses for international tournaments shall |
| 97 | be subject to binding arbitration. |
| 98 | (c)1. If a collective bargaining impasse is reached, the |
| 99 | applicant shall immediately ask the American Arbitration |
| 100 | Association to furnish a list of 11 arbitrators, each of whom |
| 101 | shall have at least 5 years of commercial arbitration experience |
| 102 | and no financial interest in or prior relationship with any of |
| 103 | the parties or their affiliated or related entities or |
| 104 | principals. Each required party to the agreement shall select a |
| 105 | single arbitrator from the list provided by the American |
| 106 | Arbitration Association within 10 days after receipt, and the |
| 107 | individuals so selected shall choose an additional arbitrator |
| 108 | from the list within the next 10 days. The three arbitrators |
| 109 | selected shall constitute the panel that shall arbitrate the |
| 110 | dispute between the parties pursuant to the American Arbitration |
| 111 | Association Commercial Arbitration Rules and chapter 682. |
| 112 | 2. At the conclusion of the proceedings, which shall be |
| 113 | within 60 days after the selection of the arbitration panel, the |
| 114 | panel shall present to the parties a proposed agreement that a |
| 115 | majority of the panel believes equitably balances the rights, |
| 116 | interests, obligations, and reasonable expectations of the |
| 117 | parties concerning the provisions described in paragraph (b). |
| 118 | The parties shall immediately enter into such agreement, which |
| 119 | shall be filed with the division and which shall satisfy the |
| 120 | requirements of paragraph (a) and permit issuance of the pending |
| 121 | initial slot machine license or renewal, notwithstanding that a |
| 122 | collective bargaining agreement may remain at impasse. The |
| 123 | agreement produced by the arbitration panel under this paragraph |
| 124 | shall be effective until the last day of the license or renewal |
| 125 | period or until the parties enter into a different agreement |
| 126 | concerning such issues, including a collective bargaining |
| 127 | agreement. Each party shall pay its respective costs of |
| 128 | arbitration and shall pay one-half of the costs of the |
| 129 | arbitration panel, unless the parties otherwise agree. |
| 130 | (d) The division shall suspend a slot machine license if |
| 131 | the agreement entered into by the parties as a result of |
| 132 | arbitration under subparagraph (c)2. is terminated or otherwise |
| 133 | ceases to operate or if the division determines that the |
| 134 | licensee is materially failing to comply with the provisions of |
| 135 | such agreement. Any such suspension shall take place in |
| 136 | accordance with chapter 120. |
| 137 | (e) If any provision of this subsection or its application |
| 138 | to any person or circumstance is held invalid, the invalidity |
| 139 | does not affect other provisions or applications of this |
| 140 | subsection or chapter which can be given effect without the |
| 141 | invalid provision or application, and to this end the provisions |
| 142 | of this subsection are severable. |
| 143 |
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| 144 |
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| 145 | ======= T I T L E A M E N D M E N T ========== |
| 146 | On page 1, line(s) 8, |
| 147 | remove: All of that line |
| 148 |
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| 149 | and insert: |
| 150 | trademark; requiring video lottery retailers who are jai alai |
| 151 | permitholders to execute agreements supplementing player |
| 152 | salaries, retirement and pension funds and funding certain |
| 153 | purses; amending s. 551.104, F.S.; providing licensing |
| 154 | conditions on holders of jai alai permits; providing an |
| 155 | effective date. |