(LATE FILED)Amendment
Bill No. 1376
Amendment No. 222435
CHAMBER ACTION
Senate House
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1Representative(s) Altman, Cusack, Dean, and Reagan offered the
2following:
3
4     Amendment to Amendment (036187) (with directory and title
5amendments)
6Remove line(s) 6-142 and insert:
7     Section 2.  (1)(a)  A video lottery retailer holding a
8permit under chapter 550, Florida Statutes, to conduct pari-
9mutuel wagering on live races or games may not conduct video
10lottery games unless the retailer has on file with the Division
11of Pari-mutuel Wagering of the Department of Business and
12Professional Regulation a binding collective bargaining
13agreement with the Florida Horsemen's Benevolent and Protective
14Association, Inc., the Florida Standardbred Breeders and Owners
15Association, the Florida Greyhound Association, Inc., or the
16International Jai Alai Players Association that contains
17provisions dedicating percentages of net terminal income,
18retained after the payment of the allocations required under s.
1924.127(7), Florida Statutes, to supplementing base salaries,
20supplementing retirement and pension funds, and funding
21competitive purses or such other binding agreement containing
22such provisions.
23     (b)  If an impasse in the collective bargaining process
24prevents the collective bargaining agreement required under
25paragraph (a) from being filed with the Division of Pari-mutuel
26Wagering in order to conduct video lottery games, or a
27collective bargaining agreement is reached but does not contain
28the required provisions specified in paragraph (a), the
29provisions dedicating percentages of net terminal income to
30supplementing player base salaries, supplementing retirement and
31pension funds, and funding competitive purses for international
32tournaments shall be subject to binding arbitration.
33     (c)1.  If a collective bargaining impasse is reached, the
34applicant shall immediately ask the American Arbitration
35Association to furnish a list of 11 arbitrators, each of whom
36shall have at least 5 years of commercial arbitration experience
37and no financial interest in or prior relationship with any of
38the parties or their affiliated or related entities or
39principals. Each required party to the agreement shall select a
40single arbitrator from the list provided by the American
41Arbitration Association within 10 days after receipt, and the
42individuals so selected shall choose an additional arbitrator
43from the list within the next 10 days. The three arbitrators
44selected shall constitute the panel that shall arbitrate the
45dispute between the parties pursuant to the American Arbitration
46Association Commercial Arbitration Rules and chapter 682,
47Florida Statutes.
48     2.  At the conclusion of the proceedings, which shall be
49within 60 days after the selection of the arbitration panel, the
50panel shall present to the parties a proposed agreement that a
51majority of the panel believes equitably balances the rights,
52interests, obligations, and reasonable expectations of the
53parties concerning the provisions described in paragraph (b).
54The parties shall immediately enter into such agreement, which
55shall be filed with the Division of Pari-mutuel Wagering and
56which shall satisfy the requirements of paragraph (a) and permit
57the conduct of video lottery games by the video lottery
58retailer, notwithstanding that a collective bargaining agreement
59may remain at impasse. The agreement produced by the arbitration
60panel under this paragraph shall be effective until the
61anniversary date of the initial issuance of the video lottery
62retailer license and annually on the same date thereafter, or
63until the parties enter into a different agreement concerning
64such issues, including a collective bargaining agreement. Each
65party shall pay its respective costs of arbitration and shall
66pay one-half of the costs of the arbitration panel, unless the
67parties otherwise agree.
68     (d)  The Department of the Lottery shall suspend the
69conduct of video lottery games if the agreement entered into by
70the parties as a result of arbitration under subparagraph (c)2.
71is terminated or otherwise ceases to operate or if the division
72determines that the licensee is materially failing to comply
73with the provisions of such agreement. Any such suspension shall
74take place in accordance with chapter 120, Florida Statutes.
75     (2)  If any provision of this section or its application to
76any person or circumstance is held invalid, the invalidity does
77not affect other provisions or applications of this section or
78act which can be given effect without the invalid provision or
79application, and to this end the provisions of this section are
80severable.
81     Section 3.  Paragraph (a) of subsection (10) of section
82551.104, 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
85be issued to an applicant holding a permit under chapter 550 to
86conduct pari-mutuel wagering meets of thoroughbred racing or
87games unless the applicant has on file with the division a
88binding written agreement between the applicant and the Florida
89Horsemen's Benevolent and Protective Association, Inc., the
90Florida Standardbred Breeders and Owners Association, the
91Florida Greyhound Association, Inc., or the International Jai
92Alai Players Association governing the payment of purses and
93awards on live thoroughbred races or games conducted at the
94licensee's pari-mutuel facility. In addition, no slot machine
95license or renewal thereof shall be issued to such an applicant
96unless the applicant has on file with the division a binding
97written agreement between the applicant and the Florida
98Thoroughbred Breeders' Association, Inc., governing the payment
99of breeders', stallion, and special racing awards on live
100thoroughbred races conducted at the licensee's pari-mutuel
101facility, or between the applicant and the Florida Standardbred
102Breeders and Owners Association, the Florida Greyhound
103Association, Inc., or the International Jai Alai Players
104Association governing the payment of purses and awards on live
105races or games conducted at the licensee's pari-mutuel facility.
106The agreement governing purses and the agreement governing
107awards may direct the payment of such purses and awards from
108revenues generated by any wagering or gaming the applicant is
109authorized to conduct under Florida law. All purses and awards
110shall be subject to the terms of chapter 550. All sums for
111breeders', stallion, and special racing awards shall be remitted
112monthly to the Florida Thoroughbred Breeders' Association, Inc.,
113for the payment of awards subject to the administrative fee
114authorized 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:
118trademark; requiring video lottery retailers who to execute
119agreements supplementing salaries, supplementing retirement and
120pension funds, and funding certain purses; amending s. 551.104,
121F.S.; revising conditions for issuance or renewal of a slot
122machine license; requiring certain agreements be in effect and
123on file with the Division of Pari-mutuel Wagering; providing an
124effective date.


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