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





                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Casas moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, lines 5-24, delete those lines

15

16  and insert:

17         Section 4.  Notwithstanding subsection (5) of section

18  550.09515, Florida Statutes, as created by section 1 of

19  chapter 93-123, Laws of Florida, and notwithstanding section

20  26 of chapter 96-364, Laws of Florida, section 550.09515,

21  Florida Statutes, shall not stand repealed on July 1, 1998,

22  but is revived and reenacted to read:

23         550.09515  Thoroughbred horse taxes; abandoned interest

24  in a permit for nonpayment of taxes.--

25         (1)  Pari-mutuel wagering at thoroughbred horse

26  racetracks in this state is an important business enterprise,

27  and taxes derived therefrom constitute a part of the tax

28  structure which funds operation of the state. Thoroughbred

29  horse permitholders should pay their fair share of these taxes

30  to the state.  This business interest should not be taxed to

31  such an extent as to cause any racetrack which is operated

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  under sound business principles to be forced out of business.

 2  Due to the need to protect the public health, safety, and

 3  welfare, the gaming laws of the state provide for the

 4  thoroughbred horse industry to be highly regulated and taxed.

 5  The state recognizes that there exist identifiable differences

 6  between thoroughbred horse permitholders based upon their

 7  ability to operate under such regulation and tax system and at

 8  different periods during the year.

 9         (2)(a)  Notwithstanding the provisions of s.

10  550.0951(3)(a), the tax on handle for live thoroughbred horse

11  performances shall be subject to the following:

12         1.  The tax on handle per performance for live

13  thoroughbred performances is 2.25 percent of handle for

14  performances conducted during the period beginning on January

15  3 and ending March 16; .70 percent of handle for performances

16  conducted during the period beginning March 17 and ending May

17  22; and 1.5 percent of handle for performances conducted

18  during the period beginning May 23 and ending January 2.

19         2.  If any thoroughbred permitholder conducts

20  performances during more than one time period or if

21  performances are conducted during more than one period at any

22  facility, the tax on handle per performance is double the sum

23  of the tax percentages for the periods in which performances

24  are being conducted, except:

25         a.  Pursuant to s. 550.01215, two permitholders, by

26  mutual written agreement, may agree to the operation by one of

27  them in the other permitholder's tax period for up to 3 days,

28  if the 3 days are either the first 3 days or the last 3 days

29  of the racing period in which the permitholders intend to

30  operate.

31         b.  If, on March 31 of any year, there is no

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  permitholder holding a license for operating any one of the

 2  three race periods set forth in this section or if the

 3  permitholder who is licensed to operate in any period fails to

 4  operate for 10 consecutive days, a permitholder already

 5  licensed to operate in another period may apply for and be

 6  issued a license to operate the period in question, in

 7  addition to the period already licensed.

 8         c.  Two permitholders who operated in different periods

 9  in the preceding fiscal year may, by mutual written agreement,

10  switch periods for the current racing season, even if it

11  results in either permitholder or the facility of a

12  permitholder being operated in two different periods.

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14  However, any thoroughbred permitholder whose total handle on

15  live performances during the 1991-1992 state fiscal year was

16  not greater than $34 million is authorized to conduct live

17  performances at any time of the year and shall pay 0.5 percent

18  on live handle per performance.

19         3.  For the period beginning on April 1 and ending May

20  23 during the state fiscal year 1992-1993, any permitholder

21  which has operated less than 51 racing days in the last 18

22  months may operate said period and pay 1.25 percent tax on

23  live handle per performance.  In the event this provision

24  takes effect after April 1, 1993, it shall be construed to

25  apply retroactively from April 1, 1993, through May 23, 1993.

26         4.  In the event any licenses have been issued to any

27  thoroughbred permitholders for racing dates prior to April 26,

28  1993, then, notwithstanding the provisions of s. 550.525(2),

29  amendments may be filed to the racing dates up to May 1, 1993.

30         (b)  For purposes of this section, the term "handle"

31  shall have the same meaning as in s. 550.0951, and shall not

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  include handle from intertrack wagering.

 2         (3)(a)  The permit of a thoroughbred horse permitholder

 3  who does not pay tax on handle for live thoroughbred horse

 4  performances for a full schedule of live races during any 2

 5  consecutive state fiscal years shall be void and shall escheat

 6  to and become the property of the state unless such failure to

 7  operate and pay tax on handle was the direct result of fire,

 8  strike, war, or other disaster or event beyond the ability of

 9  the permitholder to control. Financial hardship to the

10  permitholder shall not, in and of itself, constitute just

11  cause for failure to operate and pay tax on handle.

12         (b)  In order to maximize the tax revenues to the

13  state, the division shall reissue an escheated thoroughbred

14  horse permit to a qualified applicant pursuant to the

15  provisions of this chapter as for the issuance of an initial

16  permit.  However, the provisions of this chapter relating to

17  referendum requirements for a pari-mutuel permit shall not

18  apply to the reissuance of an escheated thoroughbred horse

19  permit.  As specified in the application and upon approval by

20  the division of an application for the permit, the new

21  permitholder shall be authorized to operate a thoroughbred

22  horse facility anywhere in the same county in which the

23  escheated permit was authorized to be operated,

24  notwithstanding the provisions of s. 550.054(2) relating to

25  mileage limitations.

26         (4)  In the event that a court of competent

27  jurisdiction determines any of the provisions of this section

28  to be unconstitutional, it is the intent of the Legislature

29  that the provisions contained in this section shall be null

30  and void and that the provisions of s. 550.0951 shall apply to

31  all thoroughbred horse permitholders beginning on the date of

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  such judicial determination.  To this end, the Legislature

 2  declares that it would not have enacted any of the provisions

 3  of this section individually and, to that end, expressly finds

 4  them not to be severable.

 5         Section 5.  Notwithstanding section 26 of chapter

 6  96-364, Laws of Florida, subsection (2) of section 550.2625,

 7  Florida Statutes, shall not stand repealed on July 1, 1998,

 8  but is revived, reenacted, and amended to read:

 9         550.2625  Horseracing; minimum purse requirement,

10  Florida breeders' and owners' awards.--

11         (2)  Each permitholder conducting a horserace meet is

12  required to pay from the takeout withheld on pari-mutuel pools

13  a sum for purses in accordance with the type of race

14  performed.

15         (a)  A permitholder conducting a thoroughbred horse

16  race meet under this chapter must pay from the takeout

17  withheld a sum not less than 7.5 percent of all contributions

18  to pari-mutuel pools conducted during the race meet as purses.

19  In addition to the 7.5 percent minimum purse payment,

20  permitholders conducting live thoroughbred performances shall

21  be required to pay as additional purses .375 percent of live

22  handle for performances conducted during the period beginning

23  on January 3 and ending March 16; .225 percent for

24  performances conducted during the period beginning March 17

25  and ending May 22; and .6 percent for performances conducted

26  during the period beginning May 23 and ending January 2.

27  Except that any thoroughbred permitholder whose total handle

28  on live performances during the 1991-1992 state fiscal year

29  was not greater than $34 million is not subject to this

30  additional purse payment. A permitholder authorized to conduct

31  thoroughbred racing may withhold from the handle an additional

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  amount equal to 1 percent on exotic wagering for use as

 2  owners' awards, and may withhold from the handle an amount

 3  equal to 2 percent on exotic wagering for use as overnight

 4  purses.  No permitholder may withhold in excess of 20 percent

 5  from the handle without withholding the amounts set forth in

 6  this subsection.

 7         (b)1.  A permitholder conducting a harness horse race

 8  meet under this chapter must pay to the purse pool from the

 9  takeout withheld a purse requirement that totals an amount not

10  less than 8 percent of all contributions to pari-mutuel pools

11  conducted during the race meet.  An amount not less than 7.5

12  percent of the total handle shall be paid from this purse pool

13  as purses.

14         2.  An amount not to exceed 0.5 percent of the total

15  handle on all harness horse races that are subject to the

16  purse requirement of subparagraph 1., must be available for

17  use to provide medical, dental, surgical, life, funeral, or

18  disability insurance benefits for occupational licensees who

19  work at tracks in this state at which harness horse races are

20  conducted.  Such insurance benefits must be paid from the

21  purse pool specified in subparagraph 1.  An annual plan for

22  payment of insurance benefits from the purse pool, including

23  qualifications for eligibility, must be submitted by the

24  Florida Standardbred Breeders and Owners Association for

25  approval to the division.  An annual report of the implemented

26  plan shall be submitted to the division.  All records of the

27  Florida Standardbred Breeders and Owners Association

28  concerning the administration of the plan must be available

29  for audit at the discretion of the division to determine that

30  the plan has been implemented and administered as authorized.

31  If the division finds that the Florida Standardbred Breeders

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1  and Owners Association has not complied with the provisions of

 2  this section, the division may order the association to cease

 3  and desist from administering the plan and shall appoint the

 4  division as temporary administrator of the plan until the

 5  division reestablishes administration of the plan with the

 6  association.

 7         (c)  A permitholder conducting a quarter horse race

 8  meet under this chapter shall pay from the takeout withheld a

 9  sum not less than 6 percent of all contributions to

10  pari-mutuel pools conducted during the race meet as purses.

11         (d)  The division shall adopt reasonable rules to

12  ensure the timely and accurate payment of all amounts withheld

13  by horserace permitholders regarding the distribution of

14  purses, owners' awards, and other amounts collected for

15  payment to owners and breeders.  Each permitholder that fails

16  to pay out all moneys collected for payment to owners and

17  breeders shall, within 10 days after the end of the meet

18  during which the permitholder underpaid purses, deposit an

19  amount equal to the underpayment into a separate

20  interest-bearing account to be distributed to owners and

21  breeders in accordance with division rules.

22         (e)  An amount equal to 8.5 percent of the purse

23  account generated through intertrack wagering and interstate

24  simulcasting will be used for Florida Owners' Awards as set

25  forth in subsection (3).  Any thoroughbred permitholder with

26  an average blended takeout which does not exceed 20 percent

27  and with an average daily purse distribution excluding

28  sponsorship, entry fees, and nominations exceeding $225,000 is

29  exempt from the provisions of this paragraph subsection.

30         Section 6.  Subsection (11) of section 550.615, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1         550.615  Intertrack wagering.--

 2         (11)  Notwithstanding any other provision of this

 3  section, any thoroughbred permitholder that conducts

 4  performances during the period beginning May 23 and ending

 5  January 2 or during the period beginning January 3 and ending

 6  March 16 must make available any live pari-mutuel event

 7  conducted and any simulcast pari-mutuel event received by such

 8  permitholder to any thoroughbred permitholder that conducts

 9  performances during the period beginning March 17 and ending

10  May 22, and such guest permitholder is authorized to accept

11  wagers on such signals.  Notwithstanding s. 550.0951(3)(c),

12  the tax on wagers accepted by the guest permitholder on such

13  events shall be 2 percent. This subsection applies only to

14  thoroughbred permitholders located in any area of the state

15  where there are three or more thoroughbred permitholders

16  within 25 miles of each other.

17         Section 7.  Section 26 of chapter 96-364, Laws of

18  Florida, is repealed.

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20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 1, line 8, delete that line

24

25  and insert:

26         reviving and reenacting s. 550.09515, F.S.,

27         relating to thoroughbred horse taxes; reviving

28         and reenacting s. 550.2625, F.S., relating to

29         thoroughbred horse purses; amending s. 550.615,

30         F.S.; providing that certain permitholders are

31         required or authorized to make broadcast

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                                                  SENATE AMENDMENT

    Bill No. HB 1747, 2nd Eng.

    Amendment No.    





 1         signals available to other permitholders;

 2         repealing s. 26 of chapter 96-364, Laws of

 3         Florida; abrogating the expiration of

 4         provisions certain amendments to s. 550.09515,

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