House Bill 1747e2
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HB 1747, Second Engrossed
1 A bill to be entitled
2 An act relating to pari-mutuel wagering;
3 amending s. 550.2625, F.S.; revising standing
4 requirements for stallion awards; amending s.
5 550.09512, F.S.; repealing the expiration of
6 that section; amending s. 550.09514, F.S.,
7 relating to greyhound purse requirements;
8 amending s. 26, ch. 96-364, Laws of Florida,
9 relating to tax on handle of live thoroughbred
10 performances, live jai alai performances, and
11 intertrack wagering; providing effective dates.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (d) of subsection (3) of section
16 550.2625, Florida Statutes, is amended to read:
17 550.2625 Horseracing; minimum purse requirement,
18 Florida breeders' and owners' awards.--
19 (3) Each horseracing permitholder conducting any
20 thoroughbred race under this chapter, including any intertrack
21 race taken pursuant to ss. 550.615-550.6305 or any interstate
22 simulcast taken pursuant to s. 550.3551(3) shall pay a sum
23 equal to 0.75 percent on all pari-mutuel pools conducted
24 during any such race for the payment of breeders' and stallion
25 awards as authorized in this section. This subsection also
26 applies to all Breeder's Cup races conducted outside this
27 state taken pursuant to s. 550.3551(3). On any race
28 originating live in this state which is broadcast out-of-state
29 to any location at which wagers are accepted pursuant to s.
30 550.3551(2), the host track is required to pay 3.3 percent of
31 the gross revenue derived from such out-of-state broadcasts as
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HB 1747, Second Engrossed
1 breeders' and stallion awards. The Florida Thoroughbred
2 Breeders' Association is authorized to receive these payments
3 from the permitholders and make payments of awards earned.
4 The Florida Thoroughbred Breeders' Association has the right
5 to withhold up to 10 percent of the permitholder's payments
6 under this section as a fee for administering the payments of
7 awards and for general promotion of the industry. The
8 permitholder shall remit these payments to the Florida
9 Thoroughbred Breeders' Association by the 5th day of each
10 calendar month for such sums accruing during the preceding
11 calendar month and shall report such payments to the division
12 as prescribed by the division. With the exception of the
13 10-percent fee, the moneys paid by the permitholders shall be
14 maintained in a separate, interest-bearing account, and such
15 payments together with any interest earned shall be used
16 exclusively for the payment of breeders' awards and stallion
17 awards in accordance with the following provisions:
18 (d) In order for an owner of the sire of a
19 thoroughbred horse winning a stakes race to be eligible to
20 receive a stallion award, the stallion must have been
21 registered with the Florida Thoroughbred Breeders'
22 Association, and the breeding of the registered Florida-bred
23 horse must have occurred in this state. The stallion must be
24 standing permanently in this state between February 1st
25 through June 15th of each year or, if the stallion is dead,
26 must have stood permanently in this state for a period of not
27 less than 1 year immediately prior to its death. The removal
28 of a stallion from this state during the period of time
29 between February 1st through June 15th of any year for any
30 reason, other than exclusively for prescribed medical
31 treatment, as approved by the Florida Thoroughbred Breeders'
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HB 1747, Second Engrossed
1 Association, renders the owner or owners of the stallion
2 ineligible to receive a stallion award under any circumstances
3 for offspring sired prior to removal; however, if a removed
4 stallion is returned to this state, all offspring sired
5 subsequent to the return make the owner or owners of the
6 stallion eligible for the stallion award but only for those
7 offspring sired subsequent to such return to this state. The
8 Florida Thoroughbred Breeders' Association shall maintain
9 complete records showing the date the stallion arrived in this
10 state for the first time, whether or not the stallion remained
11 in the state permanently, the location of the stallion, and
12 whether the stallion is still standing in this state and
13 complete records showing awards earned, received, and
14 distributed. The association may charge the owner, owners, or
15 breeder a reasonable fee for this service.
16 Section 2. Subsection (5) of section 550.09512,
17 Florida Statutes, as created by section 1 of chapter 93-288,
18 Laws of Florida, is amended to read:
19 550.09512 Harness horse taxes; abandoned interest in a
20 permit for nonpayment of taxes.--
21 (5) This section is repealed July 1, 1998, and shall
22 be reviewed by the Legislature prior to that date.
23 Section 3. Paragraphs (b) and (c), of subsection (2)
24 of section 550.09514, Florida Statutes, 1996 Supplement, is
25 amended to read:
26 550.09514 Greyhound dogracing taxes; purse
27 requirements.--
28 (2)
29 (b)1. Except as otherwise provided herein, in addition
30 to the minimum purse percentage required by paragraph (a),
31 each permitholder shall pay as purses, for fiscal year
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HB 1747, Second Engrossed
1 1996-1997, an amount equal to 75 percent of the permitholder's
2 tax credit pursuant to s. 550.0951(1).
3 2. Except as otherwise set forth herein, in addition
4 to the minimum purse percentage required by paragraph (a),
5 beginning July 1, 1997, each permitholder shall pay as purses
6 an amount equal to 75 percent of the daily license fees paid
7 by each permitholder for the 1994-1995 fiscal year. This purse
8 supplement shall be prorated and dispersed weekly during a
9 permitholder's live meet. For the greyhound permitholders in
10 the county where there are two greyhound permitholders located
11 as specified in s. 550.615(6), such permitholders shall pay in
12 the aggregate an amount equal to 75 percent of the daily
13 license fees paid by such permitholders for the 1994-1995
14 fiscal year. These permitholders shall be jointly and
15 severally liable for such purse payments.
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17 The additional purses provided by this paragraph must be used
18 exclusively for purses other than stakes. The division shall
19 conduct audits necessary to ensure compliance with this
20 section.
21 (c) The division shall require sufficient
22 documentation from each greyhound permitholder regarding
23 purses paid on live racing and greyhound intertrack and
24 simulcast broadcasts to assure that the annual purse
25 percentage rates paid by each permitholder on the intertrack
26 or simulcast broadcasts are not reduced below those paid
27 during the 1993-1994 state fiscal year. In addition, each
28 greyhound permitholder when conducting its live meet live
29 races shall pay purses on wagers it accepts as a guest track
30 on intertrack and simulcast greyhound races at the same rate
31 as it pays on live races. Each greyhound permitholder acting
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HB 1747, Second Engrossed
1 as a host track shall pay purses, at the same rate as it pays
2 on live races, on wagers accepted on such races at a guest
3 track which is not conducting live racing and is located
4 within the same market area as the host.
5 Section 4. Section 26 of chapter 96-364, Laws of
6 Florida, is amended to read:
7 Section 26. Effective July 1, 1998, the amendments to
8 subsection (3) of section 550.0951, subsections (2) and (3) of
9 section 550.09511, subsection (2) of section 550.09515, and
10 paragraph (a) of subsection (2) of section 550.2625, Florida
11 Statutes, shall expire and the text of said subsections shall
12 revert to that in existence immediately prior to chapter
13 96-364, Laws of Florida, this act becoming law and as set
14 forth in that the act without the amendments to such
15 subsections, specified in that this act, except that any
16 amendments to such text enacted other than by that this act
17 shall be preserved and continue to operate to the extent that
18 such amendments are not dependent upon the portions of said
19 text which expire pursuant to the provisions of that this act.
20 The Statutory Revision Division of the Joint Legislative
21 Management Committee shall include in an appropriate reviser's
22 bill any amendments to said section which are necessary to
23 give effect to the legislative intent expressed in this
24 section.
25 Section 5. Except as otherwise expressly provided in
26 this act, this act shall take effect upon becoming a law.
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