| 1 | Representative(s) Altman, Cusack, Dean, and Reagan offered the |
| 2 | following: |
| 3 |
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| 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 |
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| 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. |