| 1 | Representative(s) Zapata offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 1, between line(s) 21 and 22, insert: |
| 5 | Section 2. (1)(a) A video lottery retailer holding a |
| 6 | permit under chapter 550, Florida Statutes, to conduct pari- |
| 7 | mutuel wagering on live jai alai performances may not conduct |
| 8 | video lottery games unless the retailer has on file with the |
| 9 | Division of Pari-mutuel Wagering of the Department of Business |
| 10 | and Professional Regulation a binding collective bargaining |
| 11 | agreement with the International Jai Alai Players Association |
| 12 | that contains provisions dedicating percentages of net terminal |
| 13 | income, retained after the payment of the allocations required |
| 14 | under s. 24.127(7), Florida Statutes, to supplementing player |
| 15 | base salaries, supplementing retirement and pension funds, and |
| 16 | funding competitive purses for international tournaments or such |
| 17 | other binding agreement containing such provisions. |
| 18 | (b) If an impasse in the collective bargaining process |
| 19 | prevents the collective bargaining agreement required under |
| 20 | paragraph (a) from being filed with the Division of Pari-mutuel |
| 21 | Wagering in order to conduct video lottery games, or a |
| 22 | collective bargaining agreement is reached but does not contain |
| 23 | the required provisions specified in paragraph (a), the |
| 24 | provisions dedicating percentages of net terminal income to |
| 25 | supplementing player base salaries, supplementing retirement and |
| 26 | pension funds, and funding competitive purses for international |
| 27 | tournaments shall be subject to binding arbitration. |
| 28 | (c)1. If a collective bargaining impasse is reached, the |
| 29 | applicant shall immediately ask the American Arbitration |
| 30 | Association to furnish a list of 11 arbitrators, each of whom |
| 31 | shall have at least 5 years of commercial arbitration experience |
| 32 | and no financial interest in or prior relationship with any of |
| 33 | the parties or their affiliated or related entities or |
| 34 | principals. Each required party to the agreement shall select a |
| 35 | single arbitrator from the list provided by the American |
| 36 | Arbitration Association within 10 days after receipt, and the |
| 37 | individuals so selected shall choose an additional arbitrator |
| 38 | from the list within the next 10 days. The three arbitrators |
| 39 | selected shall constitute the panel that shall arbitrate the |
| 40 | dispute between the parties pursuant to the American Arbitration |
| 41 | Association Commercial Arbitration Rules and chapter 682, |
| 42 | Florida Statutes. |
| 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 Division of Pari-mutuel Wagering 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 |
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| 77 |
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| 78 | ========= T I T L E A M E N D M E N T ========= |
| 79 | On page 1, line 8, |
| 80 | remove: All of that line |
| 81 |
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| 82 | and insert: |
| 83 | trademark; requiring video lottery retailers who are jai alai |
| 84 | permitholders to execute agreements supplementing player |
| 85 | salaries, supplementing retirement and pension funds, and |
| 86 | funding certain purses; providing an effective date. |