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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Casas moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (1) and (5) of section

18  550.01215, Florida Statutes, are amended to read:

19         550.01215  License application; periods of operation;

20  bond, conversion of permit.--

21         (1)  Each permitholder shall annually, during the

22  period between December 15 and January 4, file in writing with

23  the division its application for a license to conduct

24  performances during the next state fiscal year.  Each

25  application shall specify the number, dates, and starting

26  times of all performances which the permitholder intends to

27  conduct.  It shall also specify which performances will be

28  conducted as charity or scholarship performances. In addition,

29  each application for a license shall include, for each

30  permitholder which elects to operate a cardroom, the dates and

31  periods of operation the permitholder intends to operate the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  cardroom or, for each thoroughbred permitholder which elects

 2  to receive or rebroadcast out-of-state races after 7 p.m.

 3  between the hours of 7 p.m. and 10 p.m., the dates for all

 4  performances which the permitholder intends to conduct.

 5  Permitholders shall be entitled to amend their applications

 6  through February 28.

 7         (5)  Except as provided in s. 550.5251 for thoroughbred

 8  racing, the division shall issue each license no later than

 9  March 15. Each permitholder shall operate all performances at

10  the date and time specified on its license.  The division

11  shall have the authority to approve minor changes in racing

12  dates after a license has been issued.  The division may

13  approve changes in racing dates after a license has been

14  issued when there is no objection from any operating

15  permitholder located within 50 miles of the permitholder

16  requesting the changes in operating dates.  In the event of an

17  objection, the division shall approve or disapprove the change

18  in operating dates based upon the impact on operating

19  permitholders located within 50 miles of the permitholder

20  requesting the change in operating dates. In making the

21  determination to change racing dates, the division shall take

22  into consideration the impact of such changes on state

23  revenues.

24         Section 2.  Subsection (2) of section 550.0951, F.S.,

25  is amended to read:

26         550.0951  Payment of daily license fee and taxes.--

27         (2)  ADMISSION TAX.--

28         (a)  An admission tax equal to 15 percent of the

29  admission charge for entrance to the permitholder's facility

30  and grandstand area, or 10 cents, whichever is greater, is

31  imposed on each person attending a horserace, dograce, or jai

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  alai game.  The permitholder shall be responsible for

 2  collecting the admission tax.

 3         (b)  No admission tax under this chapter or chapter 212

 4  shall be imposed on any free passes or complimentary cards

 5  issued to persons for which there is no cost to the person for

 6  admission to pari-mutuel events. An admission tax is imposed

 7  on any free passes or complimentary cards issued to guests by

 8  permitholders in an amount equal to the tax imposed on the

 9  regular and usual admission charge for entrance to the

10  permitholder's facility and grandstand area.

11         (c)  A permitholder may issue tax-free passes to its

12  officers, officials, and employees or other persons actually

13  engaged in working at the racetrack, including accredited

14  press representatives such as reporters and editors, and may

15  also issue tax-free passes to other permitholders for the use

16  of their officers and officials.  The permitholder shall file

17  with the division a list of all persons to whom tax-free

18  passes are issued under this paragraph.

19         Section 3.  Notwithstanding subsection (5) of section

20  550.09515, Florida Statutes, as created by section 1 of

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

22  26 of chapter 96-364, Laws of Florida, section 550.09515,

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

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

25         550.09515  Thoroughbred horse taxes; abandoned interest

26  in a permit for nonpayment of taxes.--

27         (1)  Pari-mutuel wagering at thoroughbred horse

28  racetracks in this state is an important business enterprise,

29  and taxes derived therefrom constitute a part of the tax

30  structure which funds operation of the state. Thoroughbred

31  horse permitholders should pay their fair share of these taxes

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





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

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

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

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

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

 6  thoroughbred horse industry to be highly regulated and taxed.

 7  The state recognizes that there exist identifiable differences

 8  between thoroughbred horse permitholders based upon their

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

10  different periods during the year.

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

12  550.0951(3)(a), the tax on handle for live thoroughbred horse

13  performances shall be subject to the following:

14         1.  The tax on handle per performance for live

15  thoroughbred performances is 2.25 percent of handle for

16  performances conducted during the period beginning on January

17  3 and ending March 16; .20 .70 percent of handle for

18  performances conducted during the period beginning March 17

19  and ending May 22; and 1.5 percent of handle for performances

20  conducted during the period beginning May 23 and ending

21  January 2.

22         2.  If any thoroughbred permitholder conducts

23  performances during more than one time period or if

24  performances are conducted during more than one period at any

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

26  of the tax percentages for the periods in which performances

27  are being conducted, except:

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  of the racing period in which the permitholders intend to

 2  operate.

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

 4  permitholder holding a license for operating any one of the

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

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

 7  operate for 10 consecutive days, a permitholder already

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

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

10  addition to the period already licensed.

11         c.  Two permitholders who operated in different periods

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

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

14  results in either permitholder or the facility of a

15  permitholder being operated in two different periods.

16

17  However, any thoroughbred permitholder whose total handle on

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

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

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

21  on live handle per performance.

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

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

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

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

26  live handle per performance.  In the event this provision

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

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

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

30  thoroughbred permitholders for racing dates prior to April 26,

31  1993, then, notwithstanding the provisions of s. 550.525(2),

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





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

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

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

 4  include handle from intertrack wagering.

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

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

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

 8  consecutive state fiscal years shall be void and shall escheat

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

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

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

12  the permitholder to control. Financial hardship to the

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

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

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

16  state, the division shall reissue an escheated thoroughbred

17  horse permit to a qualified applicant pursuant to the

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

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

20  referendum requirements for a pari-mutuel permit shall not

21  apply to the reissuance of an escheated thoroughbred horse

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

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

24  permitholder shall be authorized to operate a thoroughbred

25  horse facility anywhere in the same county in which the

26  escheated permit was authorized to be operated,

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

28  mileage limitations.

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

30  jurisdiction determines any of the provisions of this section

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  that the provisions contained in this section shall be null

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

 3  all thoroughbred horse permitholders beginning on the date of

 4  such judicial determination.  To this end, the Legislature

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

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

 7  them not to be severable.

 8         (5)  Notwithstanding the provisions of s.

 9  550.0951(3)(c), the tax on handle for intertrack wagering on

10  rebroadcasts of simulcast horseraces is 2.4 percent of the

11  handle; provided however, that if the guest track is a

12  throughbred track located more than 35 miles from the host

13  track, the host track shall pay a tax of .5 percent of the

14  handle, and additionally the host track shall pay to the guest

15  track 1.9 percent of the handle to be used by the guest track

16  solely for purses.  The tax shall be deposited into the

17  General Revenue Fund.

18         Section 4.  Effective July 1, 2000, paragraph (a) of

19  subsection (2) of section 550.09515, Florida Statutes, is

20  amended to read:

21         550.09515  Thoroughbred horse taxes; abandoned interest

22  in a permit for nonpayment of taxes.--

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

24  550.0951(3)(a), the tax on handle for live thoroughbred horse

25  performances shall be subject to the following:

26         1.  The tax on handle per performance for live

27  thoroughbred performances is 2.25 percent of handle for

28  performances conducted during the period beginning on January

29  3 and ending March 16; .70 .20 percent of handle for

30  performances conducted during the period beginning March 17

31  and ending May 22; and 1.5 percent of handle for performances

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  conducted during the period beginning May 23 and ending

 2  January 2.

 3         2.  If any thoroughbred permitholder conducts

 4  performances during more than one time period or if

 5  performances are conducted during more than one period at any

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

 7  of the tax percentages for the periods in which performances

 8  are being conducted, except:

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

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

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

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

13  of the racing period in which the permitholders intend to

14  operate.

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

16  permitholder holding a license for operating any one of the

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

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

19  operate for 10 consecutive days, a permitholder already

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

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

22  addition to the period already licensed.

23         c.  Two permitholders who operated in different periods

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

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

26  results in either permitholder or the facility of a

27  permitholder being operated in two different periods.

28

29         2.  However, any thoroughbred permitholder whose total

30  handle on live performances during the 1991-1992 state fiscal

31  year was not greater than $34 million is authorized to conduct

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  live performances at any time of the year and shall pay 0.5

 2  percent on live handle per performance.

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

 4  23 during the state fiscal year 1992-1993, any permitholder

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

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

 7  live handle per performance.  In the event this provision

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

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

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

11  thoroughbred permitholders for racing dates prior to April 26,

12  1993, then, notwithstanding the provisions of s. 550.525(2),

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

14         Section 5.  Paragraph (d) of subsection (3) of section

15  550.2625, Florida Statutes, is amended to read:

16         550.2625  Horseracing; minimum purse requirement,

17  Florida breeders' and owners' awards.--

18         (3)  Each horseracing permitholder conducting any

19  thoroughbred race under this chapter, including any intertrack

20  race taken pursuant to ss. 550.615-550.6305 or any interstate

21  simulcast taken pursuant to s. 550.3551(3) shall pay a sum

22  equal to 0.75 percent on all pari-mutuel pools conducted

23  during any such race for the payment of breeders' and stallion

24  awards as authorized in this section.  This subsection also

25  applies to all Breeder's Cup races conducted outside this

26  state taken pursuant to s. 550.3551(3).  On any race

27  originating live in this state which is broadcast out-of-state

28  to any location at which wagers are accepted pursuant to s.

29  550.3551(2), the host track is required to pay 3.3 percent of

30  the gross revenue derived from such out-of-state broadcasts as

31  breeders' and stallion awards.  The Florida Thoroughbred

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  Breeders' Association is authorized to receive these payments

 2  from the permitholders and make payments of awards earned.

 3  The Florida Thoroughbred Breeders' Association has the right

 4  to withhold up to 10 percent of the permitholder's payments

 5  under this section as a fee for administering the payments of

 6  awards and for general promotion of the industry.  The

 7  permitholder shall remit these payments to the Florida

 8  Thoroughbred Breeders' Association by the 5th day of each

 9  calendar month for such sums accruing during the preceding

10  calendar month and shall report such payments to the division

11  as prescribed by the division.  With the exception of the

12  10-percent fee, the moneys paid by the permitholders shall be

13  maintained in a separate, interest-bearing account, and such

14  payments together with any interest earned shall be used

15  exclusively for the payment of breeders' awards and stallion

16  awards in accordance with the following provisions:

17         (d)  In order for an owner of the sire of a

18  thoroughbred horse winning a stakes race to be eligible to

19  receive a stallion award, the stallion must have been

20  registered with the Florida Thoroughbred Breeders'

21  Association, and the breeding of the registered Florida-bred

22  horse must have occurred in this state. The stallion must be

23  standing permanently in this state during the period of time

24  between February 1 and June 15 of each year or, if the

25  stallion is dead, must have stood permanently in this state

26  for a period of not less than 1 year immediately prior to its

27  death. The removal of a stallion from this state during the

28  period of time between February 1 and June 15 of any year for

29  any reason, other than exclusively for prescribed medical

30  treatment, as approved by the Florida Thoroughbred Breeders'

31  Association renders the owner or owners of the stallion

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  ineligible to receive a stallion award under any circumstances

 2  for offspring sired prior to removal; however, if a removed

 3  stallion is returned to this state, all offspring sired

 4  subsequent to the return make the owner or owners of the

 5  stallion eligible for the stallion award but only for those

 6  offspring sired subsequent to such return to this state. The

 7  Florida Thoroughbred Breeders' Association shall maintain

 8  complete records showing the date the stallion arrived in this

 9  state for the first time, whether or not the stallion remained

10  in the state permanently, the location of the stallion, and

11  whether the stallion is still standing in this state and

12  complete records showing awards earned, received, and

13  distributed.  The association may charge the owner, owners, or

14  breeder a reasonable fee for this service.

15         Section 6.  Notwithstanding section 26 of chapter

16  96-364, Laws of Florida, subsection (2) of section 550.2625,

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

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

19         550.2625  Horseracing; minimum purse requirement,

20  Florida breeders' and owners' awards.--

21         (2)  Each permitholder conducting a horserace meet is

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

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

24  performed.

25         (a)  A permitholder conducting a thoroughbred horse

26  race meet under this chapter must pay from the takeout

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

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

29  In addition to the 7.5 percent minimum purse payment,

30  permitholders conducting live thoroughbred performances shall

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  handle for performances conducted during the period beginning

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

 3  performances conducted during the period beginning March 17

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

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

 6  Except that any thoroughbred permitholder whose total handle

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

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

 9  additional purse payment. A permitholder authorized to conduct

10  thoroughbred racing may withhold from the handle an additional

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

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

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

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

15  from the handle without withholding the amounts set forth in

16  this subsection.

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

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

19  takeout withheld a purse requirement that totals an amount not

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

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

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

23  as purses.

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

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

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

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

28  disability insurance benefits for occupational licensees who

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

30  conducted.  Such insurance benefits must be paid from the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  payment of insurance benefits from the purse pool, including

 2  qualifications for eligibility, must be submitted by the

 3  Florida Standardbred Breeders and Owners Association for

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

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

 6  Florida Standardbred Breeders and Owners Association

 7  concerning the administration of the plan must be available

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

 9  the plan has been implemented and administered as authorized.

10  If the division finds that the Florida Standardbred Breeders

11  and Owners Association has not complied with the provisions of

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

13  and desist from administering the plan and shall appoint the

14  division as temporary administrator of the plan until the

15  division reestablishes administration of the plan with the

16  association.

17         (c)  A permitholder conducting a quarter horse race

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

19  sum not less than 6 percent of all contributions to

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

21         (d)  The division shall adopt reasonable rules to

22  ensure the timely and accurate payment of all amounts withheld

23  by horserace permitholders regarding the distribution of

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

25  payment to owners and breeders.  Each permitholder that fails

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

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

28  during which the permitholder underpaid purses, deposit an

29  amount equal to the underpayment into a separate

30  interest-bearing account to be distributed to owners and

31  breeders in accordance with division rules.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





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

 2  account generated through intertrack wagering and interstate

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

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

 5  an average blended takeout which does not exceed 20 percent

 6  and with an average daily purse distribution excluding

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

 8  exempt from the provisions of this paragraph subsection.

 9         Section 7.  Subsection (4) of section 550.5251, Florida

10  Statutes, is amended to read:

11         550.5251  Florida thoroughbred racing; certain permits;

12  operating days.--

13         (4)  A thoroughbred racing permitholder may not begin

14  any race later than 7 p.m. However, any thoroughbred

15  permitholder in a county in which the authority for cardrooms

16  has been approved by the board of county commissioners may

17  elect not to operate a cardroom when conducting live races

18  during its current race meet and instead to receive and

19  rebroadcast out-of-state races after the hour between the

20  hours of 7 p.m. and 10 p.m. on any day during which the

21  permitholder conducts live races.  However, such permitholder

22  may not engage in both operating a cardroom and receiving or

23  rebroadcasting out-of-state races after 7 p.m.  Permitholders

24  shall be required to elect between either operating a cardroom

25  or engaging in simulcasting after 7 p.m. at the time of

26  submitting its application for its annual license pursuant to

27  this section s. 550.01215.

28         Section 8.  Subsection (11) of section 550.615, Florida

29  Statutes, is amended to read:

30         550.615  Intertrack wagering.--

31         (11)  Notwithstanding any other provision of this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  section, any thoroughbred permitholder that conducts

 2  performances during the period beginning May 23 and ending

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

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

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

 6  permitholder to any thoroughbred permitholder that conducts

 7  performances during the period beginning March 17 and ending

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

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

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

11  events shall be 2 percent, but such amount shall be retained

12  by the host track as compensation for lost revenues and

13  purses.  At least 50 percent of the amount retained shall be

14  paid as purses at the host track. This subsection applies only

15  to thoroughbred permitholders located in any area of the state

16  where there are three or more thoroughbred permitholders

17  within 25 miles of each other.

18         Section 9.  Effective July 1, 2000, subsection (11) of

19  s. 550.615, Florida Statutes, is repealed.

20         Section 10.  Paragraphs (a) and (g) of subsection (9)

21  of section 550.6305, Florida Statutes, are amended to read:

22         550.6305  Intertrack wagering; guest track payments;

23  accounting rules.--

24         (9)  A host track that has contracted with an

25  out-of-state horse track to broadcast live races conducted at

26  such out-of-state horse track pursuant to s. 550.3551(5) may

27  broadcast such out-of-state races to any guest track and

28  accept wagers thereon in the same manner as is provided in s.

29  550.3551.

30         (a)  For purposes of this section, "net proceeds" means

31  the amount of takeout remaining after the payment of state

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  taxes, purses required pursuant to s. 550.0951(3)(c)1., the

 2  cost to the permitholder required to be paid to the

 3  out-of-state horse track, and breeders' awards paid to the

 4  Florida Thoroughbred Breeders' Association and the Florida

 5  Standardbred Breeders and Owners Association, to be used as

 6  set forth in s. 550.625(2)(a) and (b), and the deduction of

 7  any amount retained pursuant to s. 550.615(11).

 8         (g)1.  Any thoroughbred permitholder which accepts

 9  wagers on a simulcast signal must make the signal available to

10  any permitholder that is eligible to conduct intertrack

11  wagering under the provisions of ss. 550.615-550.6345.

12         2.  Any thoroughbred permitholder which accepts wagers

13  on a simulcast signal received after 6 p.m. must make such

14  signal available to any permitholder that is eligible to

15  conduct intertrack wagering under the provisions of ss.

16  550.615-550.6345, including any permitholder located as

17  specified in s. 550.615(6).  Such guest permitholders are

18  authorized to accept wagers on such simulcast signal,

19  notwithstanding any other provision of this chapter to the

20  contrary.

21         3.  Any thoroughbred permitholder which accepts wagers

22  on a simulcast signal received after 6 p.m. must make such

23  signal available to any permitholder that is eligible to

24  conduct intertrack wagering under the provisions of ss.

25  550.615-550.6345, including any permitholder located as

26  specified in s. 550.615(9).  Such guest permitholders are

27  authorized to accept wagers on such simulcast signals for a

28  number of performances not to exceed that which constitutes a

29  full schedule of live races for a quarter horse permitholder

30  pursuant to s. 550.002(11), notwithstanding any other

31  provision of this chapter to the contrary, except that the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  restrictions provided in s. 550.615(9)(a) apply to wagers on

 2  such simulcast signals.

 3

 4  No thoroughbred permitholder shall be required to continue to

 5  rebroadcast a simulcast signal to any in-state permitholder if

 6  the average per performance gross receipts returned to the

 7  host permitholder over the preceding 30-day period were less

 8  than $100.  Subject to the provisions of s. 550.615(4), as a

 9  condition of receiving rebroadcasts of thoroughbred simulcast

10  signals under this paragraph, a guest permitholder must accept

11  intertrack wagers on all live races conducted by all

12  then-operating thoroughbred permitholders a thoroughbred

13  permitholder located in a county where there are only three

14  permits, one for thoroughbred, one for greyhound, and one for

15  jai alai.

16         Section 11.  Section 550.6308, Florida Statutes, is

17  created to read:

18         550.6308  Limited intertrack wagering license.--In

19  recognition of the economic importance of the thoroughbred

20  breeding industry to this state, its positive impact on

21  tourism, and of the importance of a permanent thoroughbred

22  sales facility as a key focal point for the activities of the

23  industry, a limited license to conduct intertrack wagering is

24  established to ensure the continued viability and public

25  interest in thoroughbred breeding in Florida.

26         (1)  Upon application to the division on or before

27  January 31 of each year, any person that is licensed to

28  conduct public sales of thoroughbred horses pursuant to s.

29  535.01, that has conducted at least 15 days of thoroughbred

30  horse sales at a permanent sales facility in this state for at

31  least 3 consecutive years, and that has conducted at least 1

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  day of nonwagering thoroughbred racing in this state, with a

 2  purse structure of at least $250,000 per year for 2

 3  consecutive years before such application, shall be issued a

 4  license to conduct intertrack wagering for thoroughbred racing

 5  for up to 21 days in connection with thoroughbred sales, to

 6  conduct intertrack wagering at such permanent sales facility

 7  between November 1 and May 8, to conduct intertrack wagering

 8  at such permanent sales facility between May 9 and October 31

 9  at such times and on such days as any thoroughbred, jai alai,

10  or a greyhound permitholder in the same county is not

11  conducting live performances, and to conduct intertrack

12  wagering under the provisions of this subsection during the

13  weekend of the Kentucky Derby, the Preakness, the Belmont, and

14  a Breeders' Cup Meet that is conducted before November 1 and

15  after May 8, subject to conditions set forth in this section

16  but no more than one such license may be issued and no such

17  license may be issued for a facility located within 50 miles

18  of any thoroughbred permitholder's track.

19         (2)  If more than one application is submitted for such

20  license, the division shall determine which applicant shall be

21  granted the license. In making its determination, the division

22  shall grant the license to the applicant demonstrating

23  superior capabilities, as measured by the length of time the

24  applicant has been conducting thoroughbred sales within this

25  state or elsewhere, the applicant's total volume of

26  thoroughbred horse sales, within this state or elsewhere, the

27  length of time the applicant has maintained a permanent

28  thoroughbred sales facility in this state, and the quality of

29  the facility.

30         (3)  The applicant must comply with the provisions of

31  ss. 550.125 and 550.1815.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1         (4)  Intertrack wagering under this section may be

 2  conducted only on thoroughbred horse racing.

 3         Section 12.  Section 550.72, Florida Statutes, is

 4  created to read:

 5         550.72  Department of State; City of Hialeah; Study of

 6  Hialeah Park; appropriation; duties and responsibilities;

 7  taxation.--

 8         (1)  The Department of State, in conjunction with the

 9  office of the mayor of the City of Hialeah, is hereby directed

10  to undertake a comprehensive study of the feasibility of state

11  or municipal ownership of Hialeah Park and its operation of a

12  limited race meet pursuant to this section.  All references to

13  the "Department" for purposes of this section shall mean the

14  Secretary of State.

15         (2)(a)  There is hereby appropriated the sum of

16  $185,000 from the Pari-Mutuel Wagering Trust Fund to the

17  department.  Such funds shall be expended solely and

18  exclusively for a review, analysis, and report to the Senate,

19  the House of Representatives, and the Governor in regard to

20  the feasibility of state or municipal ownership of the

21  property known as Hialeah Park located in Hialeah, Florida and

22  the pari-mutuel permit held by Hialeah, Inc.  The report shall

23  contain the following information:

24         1.  A financial analysis as to the cost of operating

25  the facility as a racetrack, including year-round maintenance

26  expenses.

27         2.  An analysis of other compatible uses for the

28  property, including, but not limited to, amusement, retail

29  shopping development, recreational use, or a museum, that

30  would operate in conjunction with a racetrack, operating a

31  limited racing meet and simulcast program.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1         3.  A recommendation of future revenues that the

 2  property could generate.

 3         4.  A recommendation as to its future operation and

 4  financing.

 5         5.  Such other necessary information in regard to the

 6  overall health of the thoroughbred industry as will be

 7  required to complete the analysis, review, and report to the

 8  Senate, the House of Representatives, and the Governor.

 9         (b)  The department shall also obtain an appraisal of

10  the land and facilities known as Hialeah Park and the

11  pari-mutuel permit held by Hialeah, Inc. utilizing the

12  information filed in accordance with the provisions of s.

13  550.125, provided the appraiser shall have no ex parte

14  communications with any party holding a pari-mutuel permit

15  until the conclusion of the appraisal, at which time the

16  appraisal shall become a public record, and available for

17  inspection by all parties.  This appraisal shall be completed

18  by November 15, 1998.

19         (c)  None of the funds appropriated pursuant to

20  paragraph (a) shall be expended by the department for any

21  salaries of employees of the department; however, nothing

22  contained herein shall be interpreted to prevent the

23  department from contracting with individuals to oversee, on

24  behalf of the department and the office of the mayor of the

25  City of Hialeah, the means to properly carry out the duties

26  and responsibilities set out in this section.

27         (d)  The analysis, review, and report shall receive at

28  least one public hearing.  A final recommendation shall be

29  filed with the Speaker of the House, the President of the

30  Senate, the Governor and the Mayor of the City of Hialeah.

31  Such recommendation shall contain a definitive recommendation

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1  by January 31, 1999 as to the following:

 2         1.  What part of the property is determined to be

 3  necessary and essential for conducting a live racing meet in

 4  conjunction with the simulcast program.

 5         2.  The projected capital cost of purchase of the

 6  property determined in subparagraph 1. and the pari-mutuel

 7  permit.

 8         3.  A recommendation as to a method of paying the

 9  projected capital cost.

10         (3)  In the conduct of the duties and responsibilities

11  set out herein, the department and all employees, agents, and

12  others shall be subject to the provisions of chapter 119,

13  provided that the confidentiality of the appraisal and

14  communications with such appraiser shall be governed by

15  paragraph (b) of subsection (2) and provided the appraiser

16  shall have no ex parte communications with any party holding a

17  pari-mutuel permit until the conclusion of the appraisal at

18  which time the appraisal shall become a public record.

19         Section 13.  Sections 550.2425 and 550.655, Florida

20  Statutes, are repealed.

21         Section 14.  Except as otherwise expressly provided in

22  this act, this act shall take effect upon becoming a law.

23

24

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

26  And the title is amended as follows:

27         On page 1, lines  3-13, delete those lines

28

29  and insert:

30         amending s. 550.01215, F.S.; revising language

31         with respect to periods of operation for

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1         certain permitholders; amending s. 550.0951,

 2         F.S.; providing that no admission tax shall be

 3         imposed on any free passes or complimentary

 4         cards for admission to pari-mutuel events;

 5         reviving, reenacting, and amending s.

 6         550.09515, F.S., relating to thoroughbred horse

 7         taxes; revising the tax on handle and

 8         additional purse payment requirements for

 9         certain guest thoroughbred permitholders;

10         amending s. 550.09515, F.S.; amending

11         thoroughbred horse taxes; repealing increased

12         tax requirements for certain thoroughbred

13         permitholders operating in multiple tax

14         periods; deleting obsolete language; amending

15         s. 550.2625, F.S.; revising eligibility

16         requirements with respect to stallion awards;

17         reenacting s. 550.2625(2), F.S., relating to

18         horseracing purse payment requirements and

19         purse accounts used for Florida Owners' Awards;

20         amending s. 550.5251, F.S.; revising the hours

21         of operation for thoroughbred racing

22         permitholders; amending s. 550.615, F.S.;

23         providing for the retention of tax revenues by

24         a thoroughbred permitholder conducting

25         specified intertrack wagering; providing for

26         certain purse payments; repealing subsection

27         (11) of s. 550.615, F.S.; requiring certain

28         intertrack wagering broadcasts; amending s.

29         550.6305, F.S.; revising language with respect

30         to intertrack wagering and guest track

31         payments; creating s. 550.6308, F.S.; providing

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 440

    Amendment No.    





 1         for a limited intertrack wagering license;

 2         creating s. 550.72, F.S.; directing a study of

 3         the feasibility of state or municipal ownership

 4         of Hialeah Race Course; providing an

 5         appropriation; repealing s. 550.2425, F.S.,

 6         relating to a racing laboratory at horse

 7         racetrack facilities; repealing s. 550.655,

 8         F.S., relating to backside medical and health

 9         benefits; providing effective dates.

10

11

12

13

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18

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20

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