Senate Bill 2324c1

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    Florida Senate - 2000                           CS for SB 2324

    By the Committee on Regulated Industries and Senator Lee





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  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 212.20, F.S.; authorizing a

  4         distribution of sales and use tax revenues to

  5         county governments; repealing s. 550.01215(8),

  6         F.S., relating to the use of permitted

  7         facilities; amending s. 550.135, F.S.;

  8         eliminating the annual distribution of

  9         pari-mutuel tax revenues to county governments;

10         amending s. 550.0951, F.S.; providing that the

11         daily license fee tax credit provided by said

12         section and the $360,000 or $500,000 tax

13         exemption provided by s. 550.09514(1), F.S.,

14         may be applied to any tax and daily license

15         fees imposed under ch. 550, F.S.; removing

16         restrictions on the transfer of the daily

17         license fee tax credit by greyhound

18         permitholders; authorizing transfer of the

19         $360,000 or $500,000 tax exemption by a

20         greyhound permitholder to a greyhound

21         permitholder that acts as host track to such

22         permitholder for intertrack wagering; providing

23         for repayment; providing for rules; reducing

24         the taxes on handle for greyhound dogracing,

25         for intertrack wagering when the host track is

26         a dog track, for intertrack wagers accepted by

27         certain dog tracks, for intrack wagers when

28         both the host and guest are thoroughbred

29         tracks; and for harness racing; providing

30         exceptions; removing the additional tax on the

31         surcharge on winning tickets; redirecting

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    Florida Senate - 2000                           CS for SB 2324
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  1         deposits from the General Revenue Fund to the

  2         Pari-mutuel Wagering Trust Fund; specifying the

  3         rate of the tax on handle for greyhound

  4         simulcast races received from outside the

  5         United States; revising the time period for

  6         remittance of certain fees and taxes; forgiving

  7         certain taxes; amending s. 550.09514, F.S.;

  8         revising application and administration of the

  9         $360,000 or $500,000 tax exemption provided by

10         said section; providing for payment of

11         additional purses by greyhound permitholders in

12         an amount equal to a percentage of the tax

13         reduction resulting from the reduction of the

14         taxes on handle; providing requirements with

15         respect thereto; providing for audits; amending

16         s. 550.09515, F.S.; modifying the tax on handle

17         for thoroughbred performances; redirecting

18         deposits from the General Revenue Fund to the

19         Pari-mutuel Wagering Trust Fund; providing for

20         contributions for the health and welfare of

21         jockeys; providing a tax credit; amending s.

22         550.1645, F.S., to conform; creating s.

23         550.1647, F.S.; providing for payments and

24         credits concerning unclaimed pari-mutuel

25         tickets and retention of breaks by greyhound

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

27         relating to intertrack wagering and leased

28         greyhound facilities; authorizing certain

29         permitholders to conduct intertrack wagering at

30         certain additional facilities; amending s.

31         550.0555, F.S.; providing legislative intent;

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  1         providing for the relocation of jai alai

  2         permittees within a county in the same manner

  3         as is currently provided for the relocation of

  4         greyhound dogracing permittees within a county;

  5         amending s. 550.09512, F.S.; reducing the tax

  6         on handle for live harness performances;

  7         amending s. 550.2633, F.S.; providing for

  8         distribution of abandoned interest in or

  9         contributions to pari-mutuel pools from live

10         jai alai games; amending s. 550.475, F.S.;

11         providing for leasing of jai alai facilities;

12         amending s. 550.625, F.S.; increasing the

13         percentage of purses for harness racing;

14         amending s. 550.155, F.S.; requiring counties

15         to approve certain capital improvements by

16         permitholders in certain situations; amending

17         s. 550.26352, F.S., relating to the Breeders'

18         Cup Meet; increasing the amount of certain tax

19         credits allowed to permitholders; deleting

20         certain limitations on broadcasts to

21         pari-mutuel facilities; authorizing the

22         Division of Pari-mutuel Wagering of the

23         Department of Business and Professional

24         Regulation to waive certain rules; amending s.

25         550.3551, F.S.; conforming provisions; amending

26         ss. 550.09511, 550.6305, F.S.; conforming

27         cross-references; amending s. 550.002, F.S.;

28         substituting the term "same class of races,

29         games, or permit" for the term "same class of

30         race or permit"; amending s. 550.0251, F.S.;

31         providing for the Division of Pari-mutuel

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  1         Wagering to adopt rules for wagering through a

  2         pari-mutuel wagering pool; amending s.

  3         550.0351, F.S.; increasing the number of

  4         charity performances per fiscal year which a

  5         jai alai permitholder may conduct; amending s.

  6         550.105, F.S.; revising provisions relating to

  7         licenses for persons or entities with access to

  8         certain areas of racetracks and frontons;

  9         amending s. 550.24055, F.S.; amending standards

10         used in testing certain licensees to determine

11         whether they have abused alcoholic beverages;

12         amending s. 550.2614, F.S.; substantially

13         amending provisions relating to horsemen's

14         association membership and responsibilities;

15         providing for the use of specified funds from

16         the purse pool to provide financial assistance

17         to certain thoroughbred racing personnel and

18         their spouses and children; amending s.

19         550.26165, F.S.; providing for breeders' awards

20         and stallion awards; providing for certain

21         moneys to be returned to the permitholders that

22         generated the money, in accordance with a plan

23         to be established annually by specified

24         entities; amending s. 550.2625, F.S.; amending

25         minimum purse requirements for horseracing

26         permitholders; amending criteria for the

27         payment of breeders' awards and stallion

28         awards; amending s. 550.3551, F.S.; requiring

29         the written approval of the Florida Horsemen's

30         Benevolent and Protective Association, Inc.,

31         before a thoroughbred permitholder may conduct

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    Florida Senate - 2000                           CS for SB 2324
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  1         fewer than eight live races on any race day;

  2         amending s. 550.6308, F.S.; amending provisions

  3         relating to limited intertrack wagering

  4         licenses; expanding the types of pari-mutuel

  5         races or games on which intertrack wagering may

  6         be conducted, subject to certain conditions;

  7         requiring a licensee to pay a specified amount

  8         to the daily pari-mutuel pool on certain wagers

  9         to thoroughbred permitholders conducting live

10         races; creating s. 550.74, F.S.; prohibiting a

11         tax on certain programs, parking, or

12         admissions; amending s. 773.01, F.S.; amending

13         the definition of the term "participant" as

14         used in ss. 773.01-773.05, F.S.; amending ss.

15         773.03, F.S., relating to limitation on

16         liability for equine activity; providing that

17         the section does apply to the horseracing

18         industry as defined in ch. 550, F.S.; creating

19         the Interstate Compact on Licensure of

20         Participants in Pari-mutuel Wagering; providing

21         purposes of the compact; providing definitions;

22         providing for the effective date of the

23         compact; providing criteria for eligibility to

24         join the compact; providing procedures for

25         withdrawing from the compact; creating an

26         interstate governmental entity to be known as

27         the compact committee; providing the powers and

28         duties of the compact committee; providing

29         voting requirements for the committee;

30         providing for the administration and management

31         of the committee; providing that committee

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  1         employees are governmental employees; providing

  2         immunity from liability for performance of

  3         official responsibilities and duties of the

  4         compact committee; providing rights and

  5         responsibilities of each state that is a party

  6         to the compact; providing for construction and

  7         severability of provisions of the compact;

  8         repealing s. 550.0951(2)(a), F.S., relating to

  9         an admission tax imposed on each attendee at a

10         horserace, dograce, or jai alai game; repealing

11         s. 550.2415(10), (11), (12), F.S., relating to

12         postmortem examinations of injured animals that

13         subsequently die or are destroyed; repealing s.

14         550.615(9), F.S., relating to limited

15         intertrack wagering license; providing

16         effective dates.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (6) of section 212.20, Florida

21  Statutes, is amended to read:

22         212.20  Funds collected, disposition; additional powers

23  of department; operational expense; refund of taxes

24  adjudicated unconstitutionally collected.--

25         (6)  Distribution of all proceeds under this chapter

26  shall be as follows:

27         (a)  Proceeds from the convention development taxes

28  authorized under s. 212.0305 shall be reallocated to the

29  Convention Development Tax Clearing Trust Fund.

30

31

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    Florida Senate - 2000                           CS for SB 2324
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  1         (b)  Proceeds from discretionary sales surtaxes imposed

  2  pursuant to ss. 212.054 and 212.055 shall be reallocated to

  3  the Discretionary Sales Surtax Clearing Trust Fund.

  4         (c)  Proceeds from the tax imposed pursuant to s.

  5  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

  6  Tax Clearing Trust Fund.

  7         (d)  Proceeds from the fee imposed pursuant to s.

  8  212.18(5) shall be deposited in the Solid Waste Management

  9  Clearing Trust Fund, which is hereby created to be used by the

10  department, and shall be subsequently transferred to the State

11  Treasurer to be deposited into the Solid Waste Management

12  Trust Fund.

13         (e)  Proceeds from the fees imposed under ss.

14  212.05(1)(i)3. and 212.18(3) shall remain with the General

15  Revenue Fund.

16         (f)  The proceeds of all other taxes and fees imposed

17  pursuant to this chapter shall be distributed as follows:

18         1.  In any fiscal year, the greater of $500 million,

19  minus an amount equal to 4.6 percent of the proceeds of the

20  taxes collected pursuant to chapter 201, or 5 percent of all

21  other taxes and fees imposed pursuant to this chapter shall be

22  deposited in monthly installments into the General Revenue

23  Fund.

24         2.  Two-tenths of one percent shall be transferred to

25  the Solid Waste Management Trust Fund.

26         3.  After the distribution under subparagraphs 1. and

27  2., 9.653 percent of the amount remitted by a sales tax dealer

28  located within a participating county pursuant to s. 218.61

29  shall be transferred into the Local Government Half-cent Sales

30  Tax Clearing Trust Fund.

31

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    Florida Senate - 2000                           CS for SB 2324
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  1         4.  After the distribution under subparagraphs 1., 2.,

  2  and 3., 0.054 percent shall be transferred to the Local

  3  Government Half-cent Sales Tax Clearing Trust Fund and

  4  distributed pursuant to s. 218.65.

  5         5.  Of the remaining proceeds:

  6         a.  Beginning July 1, 2000, and in each fiscal year

  7  thereafter, the sum of $29,915,500 shall be divided into as

  8  many equal parts as there are counties in the state, and one

  9  part shall be distributed to each county.  The distribution

10  among the several counties shall begin each fiscal year on or

11  before January 5th and shall continue monthly for a total of 4

12  months.  If a local or special law required that any moneys

13  accruing to a county in fiscal year 1999-2000 under the

14  then-existing provisions of s. 550.135 be paid directly to the

15  district school board, special district, or a municipal

16  government, such payment shall continue until such time that

17  the local or special law is amended or repealed.  The state

18  covenants with holders of bonds or other instruments of

19  indebtedness issued by local governments, special districts,

20  or district school boards prior to July 1, 2000, that it is

21  not the intent of this subparagraph to adversely affect the

22  rights of those holders or relieve local governments or

23  district school boards of the duty to meet their obligations

24  as a result of previous pledges or assignments or trusts

25  entered into which obligated funds received from the

26  distribution to county governments under then-existing s.

27  550.135.  This distribution specifically is in lieu of funds

28  distributed under s. 550.135 prior to July 1, 2000.

29         b.a.  Beginning July 1, 1992, $166,667 shall be

30  distributed monthly by the department to each applicant that

31  has been certified as a "facility for a new professional

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    Florida Senate - 2000                           CS for SB 2324
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  1  sports franchise" or a "facility for a retained professional

  2  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

  3  distributed monthly by the department to each applicant that

  4  has been certified as a "new spring training franchise

  5  facility" pursuant to s. 288.1162. Distributions shall begin

  6  60 days following such certification and shall continue for 30

  7  years. Nothing contained herein shall be construed to allow an

  8  applicant certified pursuant to s. 288.1162 to receive more in

  9  distributions than actually expended by the applicant for the

10  public purposes provided for in s. 288.1162(7). However, a

11  certified applicant shall receive distributions up to the

12  maximum amount allowable and undistributed under this section

13  for additional renovations and improvements to the facility

14  for the franchise without additional certification.

15         c.b.  Beginning 30 days after notice by the Office of

16  Tourism, Trade, and Economic Development to the Department of

17  Revenue that an applicant has been certified as the

18  professional golf hall of fame pursuant to s. 288.1168 and is

19  open to the public, $166,667 shall be distributed monthly, for

20  up to 300 months, to the applicant.

21         d.c.  Beginning 30 days after notice by the Department

22  of Commerce to the Department of Revenue that the applicant

23  has been certified as the International Game Fish Association

24  World Center facility pursuant to s. 288.1169, and the

25  facility is open to the public, $83,333 shall be distributed

26  monthly, for up to 180 months, to the applicant.  This

27  distribution is subject to reduction pursuant to s. 288.1169.

28         6.  All other proceeds shall remain with the General

29  Revenue Fund.

30         Section 2.  Subsection (8) of section 550.01215 is

31  repealed.

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  1         Section 3.  Section 550.135, Florida Statutes, is

  2  amended to read:

  3         550.135  Division of moneys derived under this

  4  law.--All moneys that are deposited with the Treasurer to the

  5  credit of the Pari-mutuel Wagering Trust Fund shall be

  6  distributed as follows in the following proportions, in the

  7  manner and at the times specified in this section:

  8         (1)  In each fiscal year, the sum of $29,915,500 shall

  9  be divided into as many equal parts as there are counties in

10  the state, and one part shall be distributed to each county;

11  any excess of such moneys after the distributions to the

12  counties shall be paid into the General Revenue Fund. If the

13  sum available for distribution is less than $29,915,500, the

14  deficiency shall be paid into the Pari-mutuel Wagering Trust

15  Fund from the General Revenue Fund up to the amount of the

16  deficiency if the deficiency does not exceed the deposits of

17  pari-mutuel tax collections to the General Revenue Fund for

18  that fiscal year.

19         (2)  The distribution among the several counties

20  provided for in subsection (1) shall begin each fiscal year on

21  or before January 5 and shall continue monthly for a total of

22  4 months.  If during the fiscal year the sums available for

23  distribution to the counties is not sufficient to make the

24  scheduled distributions, the division shall immediately

25  transfer to the Pari-mutuel Wagering Trust Fund from deposits

26  made by the division to the General Revenue Fund during that

27  fiscal year, the sums required to make the distributions.  If

28  on April 5 the sums distributed to the counties do not equal

29  the maximum sum to be distributed, the division shall

30  immediately transfer to the Pari-mutuel Wagering Trust Fund,

31  from deposits made by the division to the General Revenue Fund

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  1  during that fiscal year, the sums required to pay each county

  2  the sum entitled and shall make such payments on or before the

  3  end of that fiscal year.  The Comptroller is appointed as the

  4  agent of the division to make the distribution to the counties

  5  and to make transfers as may be required by this section.

  6         (1)(3)  The daily license fee revenues collected

  7  pursuant to s. 550.0951(1) shall be used to fund the operating

  8  cost of the division and to provide a proportionate share of

  9  the operation of the office of the secretary and the Division

10  of Administration of the Department of Business and

11  Professional Regulation; however, other collections in the

12  Pari-mutuel Wagering Trust Fund, after the payments required

13  by subsections (1) and (2), may also be used to fund the

14  operation of the division in accordance with authorized

15  appropriations.

16         (2)(4)  After payments to the counties have been

17  completed as provided in subsections (1) and (2), All

18  unappropriated funds in the Pari-mutuel Wagering Trust Fund

19  shall be deposited to the Treasurer to the credit of the

20  General Revenue Fund as provided in subsection (1).

21         (5)  If a local or special law requires that any moneys

22  accruing to a county under this chapter, the same being

23  division funds, be paid to the Treasurer of the state, as ex

24  officio treasurer of the teachers' salary fund, to the credit

25  of a district school board, those moneys shall be paid

26  directly to the district school board.

27         Section 4.  Subsections (1), (3), and (5) and paragraph

28  (b) of subsection (6) of section 550.0951, Florida Statutes,

29  are amended to read:

30         550.0951  Payment of daily license fee and taxes.--

31

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  1         (1)(a)  DAILY LICENSE FEE.--Each person engaged in the

  2  business of conducting race meetings or jai alai games under

  3  this chapter, hereinafter referred to as the "permitholder,"

  4  "licensee," or "permittee," shall pay to the division, for the

  5  use of the division, a daily license fee on each live or

  6  simulcast pari-mutuel event of $100 for each horserace and $80

  7  for each dograce and $40 for each jai alai game conducted at a

  8  racetrack or fronton licensed under this chapter.  Effective

  9  October 1, 1996, In addition to the tax exemption specified in

10  s. 550.09514(1) of $360,000 or $500,000 per greyhound

11  permitholder per state fiscal year, each greyhound

12  permitholder shall receive in the current state fiscal year a

13  tax credit equal to the number of live greyhound races

14  conducted in the previous state fiscal year times the daily

15  license fee specified for each dograce in this subsection

16  applicable for the previous state fiscal year.  This tax

17  credit and the exemption in s. 550.09514(1) shall be

18  applicable to any the tax and the daily license fees imposed

19  by this chapter on live handle under subsection (3) except

20  during any charity or scholarship performances conducted

21  pursuant to s. 550.0351. Effective October 1, 1996, Each

22  permitholder shall pay daily license fees not to exceed $500

23  per day on any simulcast races or games on which such

24  permitholder accepts wagers regardless of the number of

25  out-of-state events taken or the number of out-of-state

26  locations from which such events are taken. This license fee

27  shall be deposited with the Treasurer to the credit of the

28  Pari-mutuel Wagering Trust Fund.

29         (b)  Each permitholder that authorized a maximum tax

30  savings of $500,000 per state fiscal year pursuant to s.

31  550.09514(1) or the greyhound permitholder that had the lowest

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  1  live handle during the preceding state fiscal year, which

  2  cannot utilize the full amount of the exemption of $360,000 or

  3  $500,000 provided in s. 550.09514(1) or the daily license fee

  4  credit provided in this section, may, after notifying the

  5  division in writing, elect once per state fiscal year on a

  6  form provided by the division to transfer such exemption or

  7  credit or any portion thereof to any greyhound permitholder

  8  which acts as a host track to such permitholder for the

  9  purpose of intertrack wagering. Once an election to transfer

10  such exemption or credit is filed with the division it shall

11  not be rescinded. The division shall disapprove the credit

12  transfer when the amount of the exemption or credit or portion

13  thereof is unavailable to the transferring permitholder or

14  when the permitholder, who is entitled to transfer the

15  exemption or credit or who is entitled to receive the

16  exemption or credit, owes taxes to the state pursuant to a

17  deficiency letter or administrative complaint issued by the

18  division. Upon approval of the transfer by the division, the

19  transferred tax exemption or credit shall be effective for the

20  first performance of the next biweekly pay period as specified

21  in subsection (5). The exemption or daily license fee credit

22  transferred to such host track may be applied by such host

23  track against any its taxes and daily license fees imposed by

24  this chapter on live racing as provided in this subsection.

25  The greyhound permitholder host track to which such exemption

26  or daily license fee credit is transferred shall reimburse

27  such permitholder the exact monetary value of such transferred

28  exemption or credit as actually applied against the taxes and

29  daily license fees of the host track. The division shall

30  ensure that all transfers of exemption or credit are made in

31

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  1  accordance with this subsection and shall have the authority

  2  to adopt rules to ensure the implementation of this section.

  3         (3)  TAX ON HANDLE.--Each permitholder shall pay a tax

  4  on contributions to pari-mutuel pools, the aggregate of which

  5  is hereinafter referred to as "handle," on races or games

  6  conducted by the permitholder. The tax is imposed daily and is

  7  based on the total contributions to all pari-mutuel pools

  8  conducted during the daily performance.  If a permitholder

  9  conducts more than one performance daily, the tax is imposed

10  on each performance separately.

11         (a)  The tax on handle for thoroughbred horse racing,

12  harness horse racing, and quarter horse racing is 1.0 3.3

13  percent of the handle.

14         (b)1.  The tax on handle for dogracing is 3.6 7.6

15  percent of the handle, except that for live charity

16  performances held pursuant to s. 550.0351, and for intertrack

17  wagering on such charity performances at a guest greyhound

18  track within the market area of the host, the tax is 7.6

19  percent of the handle. and

20         2.  The tax on handle for jai alai is 7.1 percent of

21  the handle.

22         (c)1.  The tax on handle for intertrack wagering is 1.5

23  3.3 percent of the handle if the host track is a horse track,

24  1.6 percent if the host track is a harness track, 3.6 7.6

25  percent if the host track is a dog track, and 7.1 percent if

26  the host track is a jai alai fronton. The tax on handle for

27  intertrack wagering is 0.5 percent if the host track and the

28  guest track are thoroughbred permitholders. The tax on handle

29  for intertrack wagering on rebroadcasts of simulcast

30  horseraces is 2.0 2.4 percent of the handle and 1.2 percent of

31  the handle if the permitholder is a harness track.  The tax

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  1  shall be deposited into the Pari-mutuel Wagering Trust General

  2  Revenue Fund.

  3         2.  Effective October 1, 1996, The tax on handle for

  4  intertrack wagers accepted by any dog track located in an area

  5  of the state in which there are only three permitholders, all

  6  of which are greyhound permitholders, located in three

  7  contiguous counties, from any greyhound permitholder also

  8  located within such area or any dog track or jai alai fronton

  9  located as specified in s. 550.615(6) or (9) (8), on races or

10  games received from the same class of permitholder located

11  within the same market area is 2 6 percent if the host

12  facility is a greyhound permitholder and, if the host facility

13  is a jai alai permitholder, the rate shall be 6.1 percent

14  except that it shall be 2.3 percent on handle at such time as

15  the total tax on intertrack handle paid to the division by the

16  permitholder during the current state fiscal year exceeds the

17  total tax on intertrack handle paid to the division by the

18  permitholder during the 1992-1993 state fiscal year.

19         3.  Any guest track that imposes a surcharge on each

20  winning ticket cashed pursuant to s. 550.6335 shall pay an

21  additional tax equal to 5 percent of the surcharge so imposed.

22  Any taxes so imposed shall be deposited into the General

23  Revenue Fund.

24         (d)  The tax on handle for greyhound simulcast races

25  received from a location outside the United States is 2

26  percent of the handle.

27         (e)  Notwithstanding any other provision of this

28  chapter, in order to protect the Florida jai alai industry,

29  effective July 1, 2000, a jai alai permitholder may not be

30  taxed on live handle at a rate higher than 2 percent.

31

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  1         (5)  PAYMENT AND DISPOSITION OF FEES AND

  2  TAXES.--Payment for the admission tax, tax on handle, and the

  3  breaks tax imposed by this section shall be paid to the

  4  division. The division shall deposit these sums with the

  5  Treasurer, to the credit of one-half being credited to the

  6  Pari-mutuel Wagering Trust Fund, hereby established, and

  7  one-half being credited to the General Revenue Fund. The

  8  permitholder shall remit to the division payment for the daily

  9  license fee, the admission tax, the tax on handle, and the

10  breaks tax.  Such payments shall be remitted by 3 p.m. Friday

11  of each week for taxes and fees imposed and collected for the

12  preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday

13  of each week for taxes imposed and collected for the preceding

14  week ending on Sunday Wednesday, Thursday, Friday, and

15  Saturday. Permitholders shall file a report under oath by the

16  5th day of each calendar month for all taxes remitted during

17  the preceding calendar month.  Such payments shall be

18  accompanied by a report under oath showing the total of all

19  admissions, the pari-mutuel wagering activities for the

20  preceding calendar month, and such other information as may be

21  prescribed by the division.

22         (6)  PENALTIES.--

23         (b)  In addition to the civil penalty prescribed in

24  paragraph (a), any willful or wanton failure by any

25  permitholder to make payments of the daily license fee,

26  admission tax, tax on handle, or breaks tax, or surtax

27  constitutes sufficient grounds for the division to suspend or

28  revoke the license of the permitholder, to cancel the permit

29  of the permitholder, or to deny issuance of any further

30  license or permit to the permitholder.

31

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  1         Section 5.  Any tax liability that accrued under

  2  section 550.09515(2)(a)2., Florida Statutes, between January

  3  1, 2000, and the effective date of this act is forgiven, and

  4  the Department of Business and Professional Regulation may not

  5  maintain an action to collect such taxes.

  6         Section 6.  Section 550.09514, Florida Statutes, is

  7  amended to read:

  8         550.09514  Greyhound dogracing taxes; purse

  9  requirements.--

10         (1)  Notwithstanding the provisions of s.

11  550.0951(3)(b), Wagering on greyhound racing is subject to a

12  tax on handle for live greyhound racing as specified in s.

13  550.0951(3) at the rate of 7.6 percent of handle. However,

14  each permitholder shall pay no the tax on live or market area

15  greyhound intertrack wagering handle in excess of $100,000 per

16  performance until such time as this subsection has resulted in

17  a tax savings per state fiscal year of $360,000. Thereafter,

18  each permitholder shall pay the tax as specified in s.

19  550.0951(3) provided in this subsection on all handle for the

20  remainder of the permitholder's current race meet, and the tax

21  must be calculated and commence beginning the day after the

22  biweekly period in which the permitholder reaches the maximum

23  tax savings per state fiscal year provided in this section.

24  For the three permitholders that which conducted a full

25  schedule of live racing in 1995, and are closest to another

26  state that which authorizes greyhound pari-mutuel wagering,

27  the maximum tax savings per state fiscal year shall be

28  $500,000.  The provisions of this subsection relating to tax

29  exemptions shall not apply to any charity or scholarship

30  performances conducted pursuant to s. 550.0351.

31

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  1         (2)(a)  The division shall determine for each greyhound

  2  permitholder the annual purse percentage rate of live handle

  3  for the state fiscal year 1993-1994 by dividing total purses

  4  paid on live handle by the permitholder, exclusive of payments

  5  made from outside sources, during the 1993-1994 state fiscal

  6  year by the permitholder's live handle for the 1993-1994 state

  7  fiscal year. Each permitholder shall pay as purses for live

  8  races conducted during its current race meet a percentage of

  9  its live handle not less than the percentage determined under

10  this paragraph, exclusive of payments made by outside sources,

11  for its 1993-1994 state fiscal year.

12         (b)1.  Except as otherwise provided herein, in addition

13  to the minimum purse percentage required by paragraph (a),

14  each permitholder shall pay as purses, for fiscal year

15  1996-1997, an amount equal to 75 percent of the permitholder's

16  tax credit pursuant to s. 550.0951(1).

17         2.  Except as otherwise set forth herein, in addition

18  to the minimum purse percentage required by paragraph (a),

19  beginning July 1, 1997, each permitholder shall pay as purses

20  an annual amount equal to 75 percent of the daily license fees

21  paid by each permitholder for the 1994-1995 fiscal year. This

22  purse supplement shall be disbursed weekly during the

23  permitholder's race meet in an amount determined by dividing

24  the annual purse supplement by the number of performances

25  approved for the permitholder pursuant to its annual license

26  and multiplying that amount by the number of performances

27  conducted each week. For the greyhound permitholders in the

28  county where there are two greyhound permitholders located as

29  specified in s. 550.615(6), such permitholders shall pay in

30  the aggregate an amount equal to 75 percent of the daily

31  license fees paid by such permitholders for the 1994-1995

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  1  fiscal year. These permitholders shall be jointly and

  2  severally liable for such purse payments.

  3

  4  The additional purses provided by this paragraph must be used

  5  exclusively for purses other than stakes.  The division shall

  6  conduct audits necessary to ensure compliance with this

  7  section.

  8         (c)1.  Each greyhound permitholder when conducting at

  9  least three live performances during any week shall pay purses

10  in that week on wagers it accepts as a guest track on

11  intertrack and simulcast greyhound races at the same rate as

12  it pays on live races. Each greyhound permitholder when

13  conducting at least three live performances during any week

14  shall pay purses in that week, at the same rate as it pays on

15  live races, on wagers accepted on greyhound races at a guest

16  track which is not conducting live racing and is located

17  within the same market area as the greyhound permitholder

18  conducting at least three live performances during any week.

19         2.  Each host greyhound permitholder shall pay purses

20  on its simulcast and intertrack broadcasts of greyhound races

21  to guest facilities that are located outside its market area

22  in an amount equal to one quarter of an amount determined by

23  subtracting the transmission costs of sending the simulcast or

24  intertrack broadcasts from an amount determined by adding the

25  fees received for greyhound simulcast races plus 3 percent of

26  the greyhound intertrack handle at guest facilities that are

27  located outside the market area of the host and that paid

28  contractual fees to the host for such broadcasts of greyhound

29  races.

30         (d)  The division shall require sufficient

31  documentation from each greyhound permitholder regarding

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  1  purses paid on live racing to assure that the annual purse

  2  percentage rates paid by each permitholder on the live races

  3  are not reduced below those paid during the 1993-1994 state

  4  fiscal year. The division shall require sufficient

  5  documentation from each greyhound permitholder to assure that

  6  the purses paid by each permitholder on the greyhound

  7  intertrack and simulcast broadcasts are in compliance with the

  8  requirements of paragraph (c).

  9         (e)  In addition to the purse requirements of

10  paragraphs (a)-(c), each greyhound permitholder shall pay as

11  purses an amount equal to one-third of the amount of the tax

12  reduction on live and simulcast handle applicable to such

13  permitholder as a result of the reductions in tax rates

14  provided by this act through the amendments to s. 550.0951(3).

15  With respect to intertrack wagering when the host and guest

16  tracks are greyhound permitholders not within the same market

17  area, an amount equal to the tax reduction applicable to the

18  guest track handle as a result of the reduction in tax rate

19  provided by this act through the amendment to s. 550.0951(3)

20  shall be distributed to the guest track, one-third of which

21  amount shall be paid as purses at the guest track. However, if

22  the guest track is a greyhound permitholder within the market

23  area of the host or if the guest track is not a greyhound

24  permitholder, an amount equal to such tax reduction applicable

25  to the guest track handle shall be retained by the host track,

26  one-third of which amount shall be paid as purses at the host

27  track. These purse funds shall be disbursed in the week

28  received if the permitholder conducts at least one live

29  performance during that week. If the permitholder does not

30  conduct at least one live performance during the week in which

31  the purse funds are received, the purse funds shall be

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  1  disbursed weekly during the permitholder's next race meet in

  2  an amount determined by dividing the purse amount by the

  3  number of performances approved for the permitholder pursuant

  4  to its annual license, and multiplying that amount by the

  5  number of performances conducted each week. The division shall

  6  conduct audits necessary to ensure compliance with this

  7  paragraph.

  8         (f)(e)  Each greyhound permitholder shall, during the

  9  permitholder's race meet, supply kennel operators and the

10  Division of Pari-Mutuel Wagering with a weekly report showing

11  purses paid on live greyhound races and all greyhound

12  intertrack and simulcast broadcasts, including both as a guest

13  and a host together with the handle or commission calculations

14  on which such purses were paid and the transmission costs of

15  sending the simulcast or intertrack broadcasts, so that the

16  kennel operators may determine statutory and contractual

17  compliance.

18         (g)(f)  Each greyhound permitholder shall make direct

19  payment of purses to the greyhound owners who have filed with

20  such permitholder appropriate federal taxpayer identification

21  information based on the percentage amount agreed upon between

22  the kennel operator and the greyhound owner.

23         (h)(g)  At the request of a majority of kennel

24  operators under contract with a greyhound permitholder, the

25  permitholder shall make deductions from purses paid to each

26  kennel operator electing such deduction and shall make a

27  direct payment of such deductions to the local association of

28  greyhound kennel operators formed by a majority of kennel

29  operators under contract with the permitholder. The amount of

30  the deduction shall be at least 1 percent of purses, as

31  determined by the local association of greyhound kennel

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  1  operators. No deductions may be taken pursuant to this

  2  paragraph without a kennel operator's specific approval before

  3  or after the effective date of this act.

  4         (3)  For the purpose of this section, the term "live

  5  handle" means the handle from wagers placed at the

  6  permitholder's establishment on the live greyhound races

  7  conducted at the permitholder's establishment.

  8         Section 7.  Subsections (2), (5), and (6) of section

  9  550.09515, Florida Statutes, are amended, and subsection (7)

10  is added to that section, to read:

11         550.09515  Thoroughbred horse taxes; abandoned interest

12  in a permit for nonpayment of taxes.--

13         (2)

14         (a)  Notwithstanding the provisions of s.

15  550.0951(3)(a), the tax on handle for live thoroughbred

16  horserace horse performances shall be subject to the

17  following:

18         1.  The tax on handle per performance for live

19  thoroughbred performances is 0.5 2.0 percent of handle for

20  performances conducted during the period beginning on January

21  3 and ending March 16; 0.2 .20 percent of handle for

22  performances conducted during the period beginning March 17

23  and ending May 22; and 0.5 1.25 percent of handle for

24  performances conducted during the period beginning May 23 and

25  ending January 2.

26         2.  If any thoroughbred permitholder conducts

27  performances during more than one time period or if

28  performances are conducted during more than one period at any

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

30  of the tax percentages for the periods in which performances

31  are being conducted, except:

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

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

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

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

  5  of the racing period in which the permitholders intend to

  6  operate.

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

  8  permitholder holding a license for operating any one of the

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

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

11  operate for 10 consecutive days, a permitholder already

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

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

14  addition to the period already licensed.

15         c.  Two permitholders who operated in different periods

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

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

18  results in either permitholder or the facility of a

19  permitholder being operated in two different periods.

20

21  However, any thoroughbred permitholder whose total handle on

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

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

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

25  on live handle per performance.

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

27  23 during the state fiscal year 1992-1993, any permitholder

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

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

30  live handle per performance.  In the event this provision

31

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

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

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

  4  thoroughbred permitholders for racing dates prior to April 26,

  5  1993, then, notwithstanding the provisions of s. 550.525(2),

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

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

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

  9  include handle from intertrack wagering.

10         (5)  Notwithstanding the provisions of s.

11  550.0951(3)(c), the tax on handle for intertrack wagering on

12  rebroadcasts of simulcast horseraces is 2.0 2.4 percent of the

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

14  throughbred track located more than 35 miles from the host

15  track, the host track shall pay a tax of 0.1 .5 percent of the

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

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

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

19  Pari-mutuel Wagering Trust General Revenue Fund.

20         (6)  Notwithstanding the provisions of s.

21  550.0951(3)(c), the tax on handle is 0.2 percent for

22  intertrack wagering and for intertrack wagering on

23  rebroadcasts of simulcast horseraces for a thoroughbred

24  permitholder that conducts performances during the period

25  beginning March 17 and ending May 22. This subsection applies

26  only to thoroughbred permitholders located in any area of the

27  state where there are three or more thoroughbred permitholders

28  within 25 miles of each other.  The tax shall be deposited

29  into the Pari-mutuel Wagering Trust General Revenue Fund.

30  Effective July 1, 2001, this subsection is repealed.

31

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  1         (7)  A credit equal to the amount of contributions made

  2  by a thoroughbred permitholder during the taxable year

  3  directly to the Jockeys Guild or its Health and Welfare Fund

  4  to be used to provide health and welfare benefits for active,

  5  disabled, and retired Florida jockeys and their dependents

  6  pursuant to reasonable rules of eligibility established by the

  7  Jockeys Guild is allowed against any tax due for a taxable

  8  year under this section. A thoroughbred permitholder may not

  9  receive a credit greater than the amount equal to 2 percent of

10  its paid taxes for the previous taxable year.

11         Section 8.  Effective July 1, 2001, paragraph (a) of

12  subsection (2) of section 550.09515, Florida Statutes, as

13  amended by section 4 of chapter 98-190, Laws of Florida, is

14  reenacted to read:

15         550.09515  Thoroughbred horse taxes; abandoned interest

16  in a permit for nonpayment of taxes.--

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

18  550.0951(3)(a), The tax on handle for live thoroughbred

19  horserace horse performances shall be 0.5 percent. subject to

20  the following:

21         1.  The tax on handle per performance for live

22  thoroughbred performances is 2.25 percent of handle for

23  performances conducted during the period beginning on January

24  3 and ending March 16; .70 percent of handle for performances

25  conducted during the period beginning March 17 and ending May

26  22; and 1.5 percent of handle for performances conducted

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

28         2.  However, any thoroughbred permitholder whose total

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

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

31

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

  2  percent on live handle per performance.

  3         Section 9.  Section 550.1645, Florida Statutes, is

  4  amended to read:

  5         550.1645  Escheat to state of abandoned interest in or

  6  contribution to pari-mutuel pools.--

  7         (1)  It is the public policy of the state, while

  8  protecting the interest of the owners, to possess all

  9  unclaimed and abandoned interest in or contribution to certain

10  any pari-mutuel pools pool conducted in this state under this

11  chapter, for the benefit of all the people of the state; and

12  this law shall be liberally construed to accomplish such

13  purpose.

14         (2)  Except as otherwise provided in this chapter, all

15  money or other property represented by any unclaimed,

16  uncashed, or abandoned pari-mutuel ticket which has remained

17  in the custody of or under the control of any licensee

18  authorized to conduct pari-mutuel pools in this state for a

19  period of 1 year after the date the pari-mutuel ticket was

20  issued, if the rightful owner or owners thereof have made no

21  claim or demand for such money or other property within the

22  aforesaid period of time, is hereby declared to have escheated

23  to or to escheat to, and to have become the property of, the

24  state.

25         (3)  All money or other property that has escheated to

26  and become the property of the state as provided herein, and

27  which is held by such licensee authorized to conduct

28  pari-mutuel pools in this state, shall be paid by such

29  licensee to the Treasurer annually within 60 days after the

30  close of the race meeting of the licensee.  Such moneys so

31  paid by the licensee to the Treasurer shall be deposited in

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  1  the State School Fund to be used for the support and

  2  maintenance of public free schools as required by s. 6, Art.

  3  IX of the State Constitution.

  4         Section 10.  Section 550.1647, Florida Statutes, is

  5  created to read:

  6         550.1647  Greyhound permitholders; unclaimed tickets;

  7  breaks.--

  8         (1)  All money or other property represented by any

  9  unclaimed, uncashed, or abandoned pari-mutuel ticket which has

10  remained in the custody of or under the control of any

11  permitholder authorized to conduct greyhound racing

12  pari-mutuel pools in this state for a period of 1 year after

13  the date the pari-mutuel ticket was issued, if the rightful

14  owner or owners thereof have made no claim or demand for such

15  money or other property within that period of time, shall,

16  with respect to live races, be retained by the permitholder

17  conducting the race, and, with respect to simulcast greyhound

18  races, be retained by the permitholder who receives the

19  simulcast. However, any permitholder authorized to conduct

20  greyhound racing pari-mutuel pools shall be entitled to a

21  credit that may be applied against any taxes imposed pursuant

22  to this chapter in the amount of the money or property

23  remitted under this subsection. In addition, each permitholder

24  shall pay, from any source, including the proceeds from

25  performances conducted pursuant to s. 550.0351, an amount not

26  less than 10 percent of the amount of the credit provided by

27  this section to any bonafide organization that promotes or

28  encourages the adoption of greyhounds.

29         (2)  With respect to live greyhound races, the breaks

30  shall be retained by the permitholder conducting the race,

31  and, with respect to simulcast greyhound races, the breaks

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  1  shall be retained by the permitholder who receives the

  2  simulcast.

  3         Section 11.  Section 550.615, Florida Statutes, is

  4  amended to read:

  5         550.615  Intertrack wagering.--

  6         (1)  Any horserace permitholder licensed under this

  7  chapter which has conducted a full schedule of live racing

  8  may, at any time, receive broadcasts of horseraces and accept

  9  wagers on horseraces conducted by horserace permitholders

10  licensed under this chapter at its facility.

11         (2)  Any track or fronton licensed under this chapter

12  which in the preceding year conducted a full schedule of live

13  racing is qualified to, at any time, receive broadcasts of any

14  class of pari-mutuel race or game and accept wagers on such

15  races or games conducted by any class of permitholders

16  licensed under this chapter.

17         (3)  If a permitholder elects to broadcast its signal

18  to any permitholder in this state, any permitholder that is

19  eligible to conduct intertrack wagering under the provisions

20  of ss. 550.615-550.6345 is entitled to receive the broadcast

21  and conduct intertrack wagering under this section; provided,

22  however, that the host track may require a guest track within

23  25 miles of another permitholder to receive in any week at

24  least 60 percent of the live races that the host track is

25  making available on the days that the guest track is otherwise

26  operating live races or games. A host track may require a

27  guest track not operating live races or games and within 25

28  miles of another permitholder to accept within any week at

29  least 60 percent of the live races that the host track is

30  making available.  A person may not restrain or attempt to

31  restrain any permitholder that is otherwise authorized to

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  1  conduct intertrack wagering from receiving the signal of any

  2  other permitholder or sending its signal to any permitholder.

  3         (4)  In no event shall any intertrack wager be accepted

  4  on the same class of live races or games of any permitholder

  5  without the written consent of such operating permitholders

  6  conducting the same class of live races or games if the guest

  7  track is within the market area of such operating

  8  permitholder.

  9         (5)  No permitholder within the market area of the host

10  track shall take an intertrack wager on the host track without

11  the consent of the host track.

12         (6)  Notwithstanding the provisions of subsection (3),

13  in any area of the state where there are three or more

14  horserace permitholders within 25 miles of each other,

15  intertrack wagering between permitholders in said area of the

16  state shall only be authorized under the following conditions:

17  Any permitholder, other than a thoroughbred permitholder, may

18  accept intertrack wagers on races or games conducted live by a

19  permitholder of the same class or any harness permitholder

20  located within such area and any harness permitholder may

21  accept wagers on games conducted live by any jai alai

22  permitholder located within its market area and from a jai

23  alai permitholder located within the area specified in this

24  subsection when no jai alai permitholder located within its

25  market area is conducting live jai alai performances; any

26  greyhound or jai alai permitholder may receive broadcasts of

27  and accept wagers on any permitholder of the other class

28  provided that a permitholder, other than the host track, of

29  such other class is not operating a contemporaneous live

30  performance within the market area.

31

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  1         (7)  In any county of the state where there are only

  2  two permits, one for dogracing and one for jai alai, no

  3  intertrack wager may be taken during the period of time when a

  4  permitholder is not licensed to conduct live races or games

  5  without the written consent of the other permitholder that is

  6  conducting live races or games.  However, if neither

  7  permitholder is conducting live races or games, either

  8  permitholder may accept intertrack wagers on horseraces or on

  9  the same class of races or games, or on both horseraces and

10  the same class of races or games as is authorized by its

11  permit.

12         (8)  In any three contiguous counties of the state

13  where there are only three permitholders, all of which are

14  greyhound permitholders, if any permitholder leases the

15  facility of another permitholder for all or any portion of the

16  conduct of its live race meet pursuant to s. 550.475, such

17  lessee may conduct intertrack wagering at its pre-lease

18  permitted facility throughout the entire year, including while

19  its live meet is being conducted at the leased facility, if

20  such permitholder has conducted a full schedule of live racing

21  during the preceding fiscal year at its pre-lease permitted

22  facility or at a leased facility, or combination thereof.

23         (9)(8)  In any two contiguous counties of the state in

24  which there are located only four active permits, one for

25  thoroughbred horse racing, two for greyhound dogracing, and

26  one for jai alai games, no intertrack wager may be accepted on

27  the same class of live races or games of any permitholder

28  without the written consent of such operating permitholders

29  conducting the same class of live races or games if the guest

30  track is within the market area of such operating

31  permitholder.

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  1         (10)(9)(a)  Upon application to the division on or

  2  before January 31 of each year, any quarter horse permitholder

  3  that has conducted at least 15 days of thoroughbred horse

  4  sales at a permanent sales facility for at least 3 consecutive

  5  years, and conducted at least one day of nonwagering

  6  thoroughbred racing, with a purse structure of at least

  7  $250,000 per year for 2 consecutive years prior to such

  8  application, shall be issued a license to conduct intertrack

  9  wagering for thoroughbred racing for up to 21 days in

10  connection with thoroughbred sales, to conduct intertrack

11  wagering at such permanent sales facility between November 1

12  and May 8 of the following year, to conduct intertrack

13  wagering at such permanent sales facility between May 9 and

14  October 31 at such times and on such days as any jai alai

15  permitholder in the same county is not conducting live

16  performances, and to conduct intertrack wagering under the

17  provisions of this subsection during the weekend of the

18  Kentucky Derby, the Preakness, the Belmont, and a Breeders'

19  Cup Meet that is conducted before November 1 and after May 8,

20  subject to conditions set forth in this subsection, provided

21  that no more than one such license may be issued.

22         (b)  If more than one permitholder applies, the

23  division shall determine which permitholder shall be granted

24  the license. In making its determination, the division shall

25  consider the length of time the permitholder has been

26  conducting thoroughbred horse sales in this state, the length

27  of time the applicant has had a permanent location in this

28  state, and the volume of sales of thoroughbred horses in this

29  state, giving the greater weight to the applicant that meets

30  these criteria.

31

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  1         (c)  The applicant must comply with the provisions of

  2  ss. 550.125 and 550.1815.

  3         (d)  Intertrack wagering under this subsection may not

  4  be conducted within 50 miles of any greyhound racetrack that

  5  conducted a full schedule of live racing prior to June 1,

  6  1990.

  7         (e)  For each year such quarter horse permitholder must

  8  obtain the license set forth in paragraph (a), any provisions

  9  relating to suspension or revocation of a quarter horse permit

10  for failure to conduct live quarter horse racing do not apply.

11         (f)  Intertrack wagering under this subsection may only

12  be conducted on thoroughbred horse racing, and intertrack

13  wagering under this subsection may not be conducted on evening

14  performances.

15         (11)(10)  All costs of receiving the transmission of

16  the broadcasts shall be borne by the guest track; and all

17  costs of sending the broadcasts shall be borne by the host

18  track.

19         (12)(11)  Notwithstanding any other provision of this

20  section, any thoroughbred permitholder that conducts

21  performances during the period beginning May 23 and ending

22  January 2 must make available any live pari-mutuel event

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

24  permitholder to any thoroughbred permitholder that conducts

25  performances during the period beginning March 17 and ending

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

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

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

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

30  by the host track as compensation for lost revenues and

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

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

  2  to thoroughbred permitholders located in any area of the state

  3  where there are three or more thoroughbred permitholders

  4  within 25 miles of each other.

  5         Section 12.  Section 550.0555, Florida Statutes, is

  6  amended to read:

  7         550.0555  Greyhound dogracing and jai alai permits;

  8  relocation within a county; conditions.--

  9         (1)  It is the finding of the Legislature that

10  pari-mutuel wagering on greyhound dogracing and jai alai

11  provides substantial revenues to the state.  It is the further

12  finding that, in some cases, this revenue-producing ability is

13  hindered due to the lack of provisions allowing the relocation

14  of existing dogracing and jai alai operations.  It is

15  therefore declared that state revenues derived from greyhound

16  dogracing and jai alai will continue to be jeopardized if

17  provisions allowing the relocation of such greyhound racing

18  and jai alai permits are not implemented.  This enactment is

19  made pursuant to, and for the purpose of, implementing such

20  provisions.

21         (2)  Any holder of a valid outstanding permit for

22  greyhound dogracing in a county in which there is only one

23  dogracing permit issued, as well as any holder of a valid

24  outstanding permit for jai alai in a county where only one jai

25  alai permit is issued, is authorized, without the necessity of

26  an additional county referendum required under s. 550.0651, to

27  move the location for which the permit has been issued to

28  another location within a 30-mile radius of the location fixed

29  in the permit issued in that county, provided the move does

30  not cross the county boundary, that such relocation is

31  approved under the zoning regulations of the county or

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  1  municipality in which the permit is to be located, and that

  2  such move is approved by the department after it is determined

  3  at a proceeding pursuant to chapter 120 in the county affected

  4  that the move is necessary to ensure the revenue-producing

  5  capability of the permittee without deteriorating the

  6  revenue-producing capability of any other pari-mutuel

  7  permittee within 50 miles; the distance shall be measured on a

  8  straight line from the nearest property line of one racing

  9  plant or jai alai fronton to the nearest property line of the

10  other.

11         Section 13.  Paragraph (a) of subsection (2) of section

12  550.09512, Florida Statutes, is amended to read:

13         550.09512  Harness horse taxes; abandoned interest in a

14  permit for nonpayment of taxes.--

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

16  550.0951(3)(a), the tax on handle for live harness horse

17  performances is 0.5 1 percent of handle per performance.

18         Section 14.  Section 550.2633, Florida Statutes, is

19  amended to read:

20         550.2633  Horseracing and jai alai; distribution of

21  abandoned interest in or contributions to pari-mutuel pools.--

22         (1)  Except as provided in subsection (3), all moneys

23  or other property represented by any unclaimed, uncashed, or

24  abandoned pari-mutuel ticket which has remained in the custody

25  of or under the control of any horseracing permitholder

26  authorized to conduct pari-mutuel pools in this state for a

27  period of 1 year after the date the pari-mutuel ticket was

28  issued, when the rightful owner or owners thereof have made no

29  claim or demand for such money or other property within that

30  period, is hereby declared to have escheated to or to escheat

31  to, and to have become the property of, the state.

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  1         (2)  All moneys or other property which has escheated

  2  to and become the property of the state as provided herein and

  3  which is held by a permitholder authorized to conduct

  4  pari-mutuel pools in this state shall be paid annually by the

  5  permitholder to the recipient designated in this subsection

  6  within 60 days after the close of the race meeting of the

  7  permitholder.  Section 550.1645 notwithstanding, such moneys

  8  shall be paid by the permitholder as follows:

  9         (a)  Funds from any harness horse races shall be paid

10  to the Florida Standardbred Breeders and Owners Association

11  and shall be used for the payment of breeders' awards,

12  stallion awards, stallion stakes, additional purses, and

13  prizes for, and for the general promotion of owning and

14  breeding of, Florida-bred standardbred horses, as provided for

15  in s. 550.2625.

16         (b)  Except as provided in paragraphs (c) and (d),

17  funds from quarter horse races shall be paid to the Florida

18  Quarter Horse Breeders and Owners Association and shall be

19  allocated solely for supplementing and augmenting purses and

20  prizes and for the general promotion of owning and breeding of

21  racing quarter horses in this state, as provided for in s.

22  550.2625.

23         (c)  Funds for Appaloosa races conducted under a

24  quarter horse racing permit shall be deposited into the

25  Florida Quarter Horse Racing Promotion Trust Fund in a special

26  account to be known as the "Florida Appaloosa Racing Promotion

27  Fund" and shall be used for the payment of breeders' awards

28  and stallion awards as provided for in s. 570.381.

29         (d)  Funds for Arabian horse races conducted under a

30  quarter horse racing permit shall be deposited into the

31  Florida Quarter Horse Racing Promotion Trust Fund in a special

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  1  account to be known as the "Florida Arabian Horse Racing

  2  Promotion Fund" and shall be used for the payment of breeders'

  3  awards and stallion awards as provided for in s. 570.382.

  4         (e)  Funds from any live jai alai games shall be paid

  5  to the National Association of Jai Alai Frontons, to be used

  6  for the general promotion of the sport of jai alai in the

  7  state, including professional tournaments and amateur jai alai

  8  youth programs. These youth programs shall focus on benefiting

  9  children in after-school and anti-drug programs with special

10  attention to inner city areas.

11         (3)  Notwithstanding any other provision of law, all

12  moneys described in s. 550.263(2)(a), Florida Statutes 1991,

13  which escheated to the state under s. 550.263(1), Florida

14  Statutes 1991, during the period beginning October 1, 1992,

15  and ending on December 16, 1992, shall be paid as provided in

16  paragraph (2)(a).

17         (4)  Notwithstanding any other provision of law, all

18  moneys described in s. 550.263(3), Florida Statutes 1991,

19  which escheated to the state under s. 550.263(1), Florida

20  Statutes 1991, during the period beginning August 24, 1992,

21  and ending on December 16, 1992, shall be paid as provided in

22  subsection (5).

23         (5)  Uncashed tickets and breaks on live racing

24  conducted by thoroughbred permitholders shall be retained by

25  the permitholder conducting the live race.

26         Section 15.  Section 550.475, Florida Statutes, is

27  amended to read:

28         550.475  Lease of pari-mutuel facilities by pari-mutuel

29  permitholders.--Holders of valid pari-mutuel permits for the

30  conduct of any jai alai games, dogracing, or thoroughbred and

31  standardbred horse racing in this state are shall be entitled

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  1  to lease any and all of their facilities to any other holder

  2  of a same class valid pari-mutuel permit for jai alai games,

  3  dogracing, or thoroughbred or standardbred horse racing, when

  4  located within a 35-mile radius of each other; and such lessee

  5  is shall be entitled to a permit and license to operate its

  6  race meet or jai-alai games at the leased premises.

  7         Section 16.  Subsection (1) of section 550.625, Florida

  8  Statutes, is amended to read:

  9         550.625  Intertrack wagering; purses; breeders'

10  awards.--If a host track is a horse track:

11         (1)  A host track racing under either a thoroughbred or

12  quarter horse permit shall pay an amount equal to 7.125 6.125

13  percent of all wagers placed pursuant to the provisions of s.

14  550.615, as purses during its current race meet.  However, up

15  to 0.50 percent of all wagers placed pursuant to s. 550.615

16  may, at the option of the host track, be deducted from the

17  amount retained by the host track for purses to supplement the

18  awards program for owners of Florida-bred horses as set forth

19  in s. 550.2625(6).  A host track racing under a harness permit

20  shall pay an amount equal to 7.85 7 percent of all wagers

21  placed pursuant to the provisions of s. 550.615, as purses

22  during its current race meet.  If a host track underpays or

23  overpays purses required by this section and s. 550.2625, the

24  provisions of s. 550.2625 apply to the overpayment or

25  underpayment.

26         Section 17.  Paragraph (a) of subsection (6) of section

27  550.3551, Florida Statutes, is amended to read:

28         550.3551  Transmission of racing and jai alai

29  information; commingling of pari-mutuel pools.--

30         (6)(a)  A maximum of 20 percent of the total number of

31  races on which wagers are accepted by a greyhound permitholder

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  1  not located as specified in s. 550.615(6) may be received from

  2  locations outside this state.  A permitholder may not conduct

  3  fewer than eight live races or games on any authorized race

  4  day except as provided in this subsection. A thoroughbred

  5  permitholder may not conduct fewer than eight live races on

  6  any race day without the written approval of the Florida

  7  Thoroughbred Breeders' Association and the Florida Horsemen's

  8  Benevolent and Protective Association, Inc. horsemen's group

  9  representing the majority of thoroughbred racehorse owners and

10  trainers in this state.  A harness permitholder may conduct

11  fewer than eight live races on any authorized race day, except

12  that such permitholder must conduct a full schedule of live

13  racing during its race meet consisting of at least eight live

14  races per authorized race day for at least 100 days.  Any

15  harness horse permitholder that during the preceding racing

16  season conducted a full schedule of live racing may, at any

17  time during its current race meet, receive full-card

18  broadcasts of harness horse races conducted at harness

19  racetracks outside this state at the harness track of the

20  permitholder and accept wagers on such harness races. With

21  specific authorization from the division for special racing

22  events, a permitholder may conduct fewer than eight live races

23  or games when the permitholder also broadcasts out-of-state

24  races or games. The division may not grant more than two such

25  exceptions a year for a permitholder in any 12-month period,

26  and those two exceptions may not be consecutive.

27         Section 18.  Subsection (2) of section 550.155, Florida

28  Statutes, is amended to read:

29         550.155  Pari-mutuel pool within track enclosure;

30  takeouts; breaks; penalty for purchasing part of a pari-mutuel

31  pool for or through another in specified circumstances.--

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  1         (2)  The permitholder's share of the takeout is that

  2  portion of the takeout that remains after the pari-mutuel tax

  3  imposed upon the contributions to the pari-mutuel pool is

  4  deducted from the takeout and paid by the permitholder. The

  5  takeout is deducted from all pari-mutuel pools but may be

  6  different depending on the type of pari-mutuel pool.  The

  7  permitholder shall inform the patrons, either through the

  8  official program or via the posting of signs at conspicuous

  9  locations, as to the takeout currently being applied to handle

10  at the facility.  A capital improvement proposed by a

11  permitholder licensed under this chapter to a pari-mutuel

12  facility existing on June 23, 1981, which capital improvement

13  requires, pursuant to any municipal or county ordinance,

14  resolution, or regulation, the qualification or approval of

15  the municipality or county wherein the permitholder conducts

16  its business operations, shall receive approval unless the

17  municipality or county is able to show that the proposed

18  improvement presents a justifiable and immediate hazard to the

19  health and safety of municipal or county residents, provided

20  the permitholder pays to the municipality or county the cost

21  of a building permit and provided the capital improvement

22  meets the following criteria:

23         (a)  The improvement does not qualify as a development

24  of regional impact as defined in s. 380.06; and

25         (b)  The improvement is contiguous to or within the

26  existing pari-mutuel facility site.  To be contiguous, the

27  site of the improvement must share a sufficient common

28  boundary with the present pari-mutuel facility to allow full

29  and free access without crossing a public roadway, public

30  waterway, or similar barrier.

31

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  1         Section 19.  Subsections (3), (5), (6), (8), and (10)

  2  of section 550.26352, Florida Statutes, are amended to read:

  3         550.26352  Breeders' Cup Meet; pools authorized;

  4  conflicts; taxes; credits; transmission of races; rules;

  5  application.--

  6         (3)  If the permitholder conducting the Breeders' Cup

  7  Meet is located within 35 miles of one or more permitholders

  8  scheduled to conduct a thoroughbred race meet on any of the 3

  9  days of the Breeders' Cup Meet, then operation on any of those

10  3 days by the other permitholders is prohibited.  As

11  compensation for the loss of racing days caused thereby, such

12  operating permitholders shall receive a credit against the

13  taxes otherwise due and payable to the state under ss.

14  550.0951 and 550.09515.  This credit shall be in an amount

15  equal to the operating loss determined to have been suffered

16  by the operating permitholders as a result of not operating on

17  the prohibited racing days, but shall not exceed a total of

18  $950,000 $500,000.  The determination of the amount to be

19  credited shall be made by the division upon application by the

20  operating permitholder.  The tax credits provided in this

21  subsection shall not be available unless an operating

22  permitholder is required to close a bona fide meet consisting

23  in part of no fewer than 10 scheduled performances in the 15

24  days immediately preceding or 10 scheduled performances in the

25  15 days immediately following the Breeders' Cup Meet.  Such

26  tax credit shall be in lieu of any other compensation or

27  consideration for the loss of racing days. There shall be no

28  replacement or makeup of any lost racing days.

29         (5)  The permitholder conducting the Breeders' Cup Meet

30  shall receive a credit against the taxes otherwise due and

31  payable to the state under ss. 550.0951 and 550.09515

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  1  generated during said permitholder's next ensuing regular

  2  thoroughbred race meet. This credit shall be in an amount not

  3  to exceed $950,000 $800,000 and shall be utilized by the

  4  permitholder to pay the purses offered by the permitholder

  5  during the Breeders' Cup Meet in excess of the purses which

  6  the permitholder is otherwise required by law to pay.  The

  7  amount to be credited shall be determined by the division upon

  8  application of the permitholder which is subject to audit by

  9  the division.

10         (6)  The permitholder conducting the Breeders' Cup Meet

11  shall receive a credit against the taxes otherwise due and

12  payable to the state under ss. 550.0951 and 550.09515

13  generated during said permitholder's next ensuing regular

14  thoroughbred race meet. This credit shall be in an amount not

15  to exceed $950,000 $800,000 and shall be utilized by the

16  permitholder for such capital improvements and extraordinary

17  expenses as may be necessary for operation of the Breeders'

18  Cup Meet.  The amount to be credited shall be determined by

19  the division upon application of the permitholder which is

20  subject to audit by the division.

21         (8)(a)  Pursuant to s. 550.3551(2), the permitholder

22  conducting the Breeders' Cup Meet is authorized to transmit

23  broadcasts of the races conducted during the Breeders' Cup

24  Meet to locations outside of this state for wagering purposes.

25  The division may approve broadcasts to pari-mutuel

26  permitholders and other betting systems authorized under the

27  laws of any other state or country. Wagers accepted by any

28  out-of-state pari-mutuel permitholder or betting system on any

29  races broadcast under this section may be, but are not

30  required to be, commingled with the pari-mutuel pools of the

31  permitholder conducting the Breeders' Cup Meet.  The

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  1  calculation of any payoff on national pari-mutuel pools with

  2  commingled wagers may be performed by the permitholder's

  3  totalisator contractor at a location outside of this state.

  4  Pool amounts from wagers placed at pari-mutuel facilities or

  5  other betting systems in foreign countries before being

  6  commingled with the pari-mutuel pool of the Florida

  7  permitholder conducting the Breeders' Cup Meet shall be

  8  calculated by the totalisator contractor and transferred to

  9  the commingled pool in United States currency in cycles

10  customarily used by the permitholder. Pool amounts from wagers

11  placed at any foreign pari-mutuel facility or other betting

12  system shall not be commingled with a Florida pool until a

13  determination is made by the division that the technology

14  utilized by the totalisator contractor is adequate to assure

15  commingled pools will result in the calculation of accurate

16  payoffs to Florida bettors.  Any totalisator contractor at a

17  location outside of this state shall comply with the

18  provisions of s. 550.495 relating to totalisator licensing.

19         (b)  The permitholder conducting the Breeders' Cup Meet

20  is authorized to transmit broadcasts of the races conducted

21  during the Breeders' Cup Meet to other pari-mutuel facilities

22  located in this state for wagering purposes; however, the

23  permitholder conducting the Breeders' Cup Meet shall not be

24  required to transmit broadcasts to any pari-mutuel facility

25  located within 25 miles of the facility at which the Breeders'

26  Cup Meet is conducted and, further, shall not transmit

27  broadcasts to any pari-mutuel facility located within 25 miles

28  of the facility at which the Breeders' Cup Meet is conducted

29  without the consent of all operating permitholders in the

30  market area.  Wagers accepted by all pari-mutuel facilities

31  located in the state on any races broadcast under this section

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  1  shall be included in the pari-mutuel pools of the permitholder

  2  conducting the Breeders' Cup Meet.

  3         (10)  The division is authorized to adopt such rules as

  4  are necessary to facilitate the conduct of the Breeders' Cup

  5  Meet as authorized in this section.  Included within this

  6  grant of authority shall be the adoption or waiver of rules

  7  regarding the overall conduct of racing during the Breeders'

  8  Cup Meet so as to ensure the integrity of the races, licensing

  9  for all participants, special stabling and training

10  requirements for foreign horses, commingling of pari-mutuel

11  pools, and audit requirements for tax credits and other

12  benefits.

13         Section 20.  Paragraph (a) of subsection (3) of section

14  550.09511, Florida Statutes, is amended to read:

15         550.09511  Jai alai taxes; abandoned interest in a

16  permit for nonpayment of taxes.--

17         (3)(a)  Notwithstanding the provisions of subsection

18  (2) and s. 550.0951(3)(c)2.1., any jai alai permitholder which

19  is restricted under Florida law from operating live

20  performances on a year-round basis is entitled to conduct

21  wagering on live performances at a tax rate of 3.85 percent of

22  live handle.  Such permitholder is also entitled to conduct

23  intertrack wagering as a host permitholder on live jai alai

24  games at its fronton at a tax rate of 3.3 percent of handle at

25  such time as the total tax on intertrack handle paid to the

26  division by the permitholder during the current state fiscal

27  year exceeds the total tax on intertrack handle paid to the

28  division by the permitholder during the 1992-1993 state fiscal

29  year.

30         Section 21.  Paragraph (a) of subsection (9) of section

31  550.6305, Florida Statutes, is amended to read:

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  1         550.6305  Intertrack wagering; guest track payments;

  2  accounting rules.--

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

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

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

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

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

  8  550.3551.

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

10  the amount of takeout remaining after the payment of state

11  taxes, purses required pursuant to s. 550.0951(3)(c)2.1., the

12  cost to the permitholder required to be paid to the

13  out-of-state horse track, breeders' awards paid to the Florida

14  Thoroughbred Breeders' Association and the Florida

15  Standardbred Breeders and Owners Association, to be used as

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

17  any amount retained pursuant to s. 550.615(12)(11).

18         Section 22.  Subsection (31) of section 550.002,

19  Florida Statutes, is amended to read:

20         550.002  Definitions.--As used in this chapter, the

21  term:

22         (31)  "Same class of races, games, race or permit"

23  means, with respect to a jai alai permitholder, jai alai games

24  or other jai alai permitholders; with respect to a greyhound

25  permitholder, greyhound races or other greyhound

26  permitholders; with respect to a thoroughbred permitholder,

27  thoroughbred races or other thoroughbred permitholders; with

28  respect to a harness permitholder, harness races or other

29  harness permitholders; with respect to a quarter horse

30  permitholder, quarter horse races or other quarter horse

31  permitholders.

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  1         Section 23.  Subsection (3) of section 550.0251,

  2  Florida Statutes, is amended to read:

  3         550.0251  The powers and duties of the Division of

  4  Pari-mutuel Wagering of the Department of Business and

  5  Professional Regulation.--The division shall administer this

  6  chapter and regulate the pari-mutuel industry under this

  7  chapter and the rules adopted pursuant thereto, and:

  8         (3)  The division shall adopt reasonable rules for the

  9  control, supervision, and direction of all applicants,

10  permittees, and licensees; and for the holding, conducting,

11  and operating of all racetracks, race meets, and races held in

12  this state; and for wagering through a pari-mutuel wagering

13  pool. Such rules must be uniform in their application and

14  effect, and the duty of exercising this control and power is

15  made mandatory upon the division.

16         Section 24.  Subsections (8) and (9) of section

17  550.0351, Florida Statutes, are amended to read:

18         550.0351  Charity racing days.--

19         (8)  In addition to the eligible charities that meet

20  the criteria set forth in this section, a jai alai

21  permitholder is authorized to conduct two one additional

22  charity performances performance each fiscal year for a fund

23  to benefit retired jai alai players.  This performance shall

24  be known as the "Retired Jai Alai Players Charity Day."  The

25  administration of this fund shall be determined by rule by the

26  division.

27         (9)  Notwithstanding the limitations set forth in

28  subsection (8), any jai alai permitholder who has not

29  conducted one "Retired Jai Alai Players Charity Day"

30  performance per year since the 1992-1993 fiscal year is

31  authorized to conduct up to two performances per fiscal year

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  1  until the time when the total number of such performances is

  2  equivalent to the total number of fiscal years.  This

  3  subsection shall be repealed on July 1, 2000.

  4         Section 25.  Section 550.105, Florida Statutes, is

  5  amended to read:

  6         550.105  Occupational licenses of racetrack employees;

  7  fees; denial, suspension, and revocation of license; penalties

  8  and fines.--

  9         (1)  Each person connected with a racetrack or jai alai

10  fronton, as specified in paragraph (2)(a), shall purchase from

11  the division an annual occupational license, which license is

12  valid from May 1 until June 30 of the following year.  All

13  moneys collected pursuant to this section each fiscal year

14  shall be deposited into the Pari-mutuel Wagering Trust Fund.

15  If the division determines that it is in the best interest of

16  the division and persons connected with racetracks, the

17  division may issue a license valid for one season at one

18  racetrack but may not make that determination apply to any

19  person who objects to such determination. In any event, the

20  season license fee must be equal to the annual occupational

21  license fee.  Any person may, at her or his option and

22  pursuant to the rules adopted by the division, purchase an

23  occupational license valid for a period of 3 years if the

24  purchaser of the license pays the full occupational license

25  fee for each of the years for which the license is purchased

26  at the time the 3-year license is requested.  The occupational

27  license shall be valid during its specified term at any

28  pari-mutuel facility.

29         (2)(a)  The following Unrestricted licenses shall be

30  issued to persons or entities with access to the backside,

31  racing animals, jai alai players' room, jockeys' room,

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  1  drivers' room, totalisator room, the mutuels, or money room,

  2  or to persons who, by virtue of the position they hold, might

  3  be granted access to these areas or to any other person or

  4  entity in one of the following categories and with scheduled

  5  annual fees as follows:.

  6         1.  Business licenses: any business such as a vendor,

  7  contractual concessionaire, contract kennel, business owning

  8  racing animals, trust or estate, totalisator company, stable

  9  name, or other fictitious name: $50.

10         2.  Professional occupational licenses: professional

11  persons with access to the backside of a racetrack or players'

12  quarters in jai alai such as trainers, officials,

13  veterinarians, doctors, nurses, EMT's, jockeys and

14  apprentices, drivers, jai alai players, owners, trustees, or

15  any management or officer or director or shareholder or any

16  other professional-level person who might have access to the

17  jockeys' room, the drivers' room, the backside, racing

18  animals, kennel compound, or managers or supervisors requiring

19  access to mutuels machines, the money room, or totalisator

20  equipment: $40.

21         3.  General occupational licenses: general employees

22  with access to the jockeys' room, the drivers' room, racing

23  animals, the backside of a racetrack or players' quarters in

24  jai alai, such as grooms, kennel helpers, leadouts, pelota

25  makers, cesta makers, or ball boys, or a practitioner of any

26  other occupation who would have access to the animals, the

27  backside, or the kennel compound, or who would provide the

28  security or maintenance of these areas, or mutuel employees,

29  totalisator employees, money-room employees, or any employee

30  with access to mutuels machines, the money room, or

31

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  1  totalisator equipment or who would provide the security or

  2  maintenance of these areas: $10.

  3

  4  The individuals and entities that are licensed under this

  5  paragraph Persons issued an unrestricted license require

  6  heightened the most state scrutiny, including the submission

  7  by the individual licensees or persons associated with the

  8  entities described in this chapter of fingerprints for a

  9  Federal Bureau of Investigation criminal records check.

10         (b)  Restricted licenses shall be issued to persons

11  without access to the backside, racing animals, jai alai

12  players' room, jockeys' room, drivers' room, totalisator room,

13  the mutuels, or money room. Persons issued a restricted

14  license require the less state scrutiny and will not require

15  routine criminal records check.  The division may require

16  persons issued the restricted license to submit fingerprints

17  for a criminal records check as needed for investigations.

18         (b)(c)  The division shall adopt promulgate rules

19  pertaining to pari-mutuel regarding unrestricted and

20  restricted occupational licenses.

21         (d)  Pari-mutuel occupational licenses shall be issued

22  in the categories and with scheduled annual fees as follows:

23         1.  Business licenses:  any business such as vendors,

24  contractual concessionaires, contract kennels, businesses

25  owning racing animals, trusts or estates, totalisator

26  companies, stable names, or other fictitious names: $50.

27         2.  Unrestricted licenses:  professional persons with

28  access to the backside of a racetrack or players' quarters in

29  jai alai such as trainers, officials, veterinarians, doctors,

30  nurses, EMT's, jockeys and apprentices, drivers, jai alai

31  players, owners, trustees, or any management or officer or

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  1  director or shareholder or any other professional level person

  2  who might have access to the jockeys' room, drivers' room, the

  3  backside, racing animals, or kennel compound:  $40.

  4         3.  Unrestricted licenses:  general employees with

  5  access to the jockeys' room, drivers' room, racing animals,

  6  the backside of a racetrack or players' quarters in jai alai

  7  such as grooms, kennel helpers, leadouts, pelota makers, cesta

  8  makers, ball boys, vendor representatives, or any other

  9  occupation who would have access to the animals, the backside,

10  or the kennel compound, or the security or maintenance of

11  these areas: $10.

12         4.  Unrestricted licenses:  managers or supervisors

13  requiring access to mutuels machines, the money room, or

14  totalisator equipment but not requiring access to the

15  backside: $40.

16         5.  Unrestricted licenses:  mutuel employees,

17  totalisator employees, money room employees, and any employee

18  with access to mutuels machines, the money room, or

19  totalisator equipment or the security or maintenance of these

20  areas:  $10.

21         6.  Restricted licenses:  managers, supervisors, and

22  other professionals who do not require access to the jockeys'

23  room, drivers' room, racing animals, the backside, the kennel

24  compound, mutuels areas, or money room or totalisator

25  equipment:  $40.

26         7.  Restricted licenses:  general employees or

27  occupations which do not require access to the jockeys' room,

28  drivers' room, racing animals, the backside, kennel compound,

29  mutuels areas, money room, or totalisator equipment: $10.

30         (3)  Certified public accountants and attorneys

31  licensed to practice in this state shall not be required to

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  1  hold an occupational license under this section while

  2  providing accounting or legal services to a permitholder if

  3  the certified public accountant's or attorney's primary place

  4  of employment is not on the permitholder premises.

  5         (4)(3)  It is unlawful for any person to take part in

  6  or officiate in any way or to serve in any capacity at any

  7  pari-mutuel facility without first having secured a license

  8  and paid the occupational license fee.

  9         (5)(4)(a)  The division may:

10         1.  Deny a license to or revoke, suspend, or place

11  conditions upon or restrictions on a license of any person who

12  has been refused a license by any other state racing

13  commission or racing authority;

14         2.  Deny, suspend, or place conditions on a license of

15  any person who is under suspension or has unpaid fines in

16  another jurisdiction;

17

18  if the state racing commission or racing authority of such

19  other state or jurisdiction extends to the division reciprocal

20  courtesy to maintain the disciplinary control.

21         (b)  The division may deny, suspend, revoke, or declare

22  ineligible any occupational license if the applicant for or

23  holder thereof has violated the provisions of this chapter or

24  the rules of the division governing the conduct of persons

25  connected with racetracks and frontons.  In addition, the

26  division may deny, suspend, revoke, or declare ineligible any

27  occupational license if the applicant for such license has

28  been convicted in this state, in any other state, or under the

29  laws of the United States of a capital felony, a felony, or an

30  offense in any other state which would be a felony under the

31  laws of this state involving arson; trafficking in, conspiracy

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  1  to traffic in, smuggling, importing, conspiracy to smuggle or

  2  import, or delivery, sale, or distribution of a controlled

  3  substance; or a crime involving a lack of good moral

  4  character, or has had a pari-mutuel license revoked by this

  5  state or any other jurisdiction for an offense related to

  6  pari-mutuel wagering.

  7         (c)  The division may deny, declare ineligible, or

  8  revoke any occupational license if the applicant for such

  9  license has been convicted of a felony or misdemeanor in this

10  state, in any other state, or under the laws of the United

11  States, if such felony or misdemeanor is related to gambling

12  or bookmaking, as contemplated in s. 849.25, or involves

13  cruelty to animals.  If the applicant establishes that she or

14  he is of good moral character, that she or he has been

15  rehabilitated, and that the crime she or he was convicted of

16  is not related to pari-mutuel wagering and is not a capital

17  offense, the restrictions excluding offenders may be waived by

18  the director of the division.

19         (d)  If an occupational license will expire by division

20  rule during the period of a suspension the division intends to

21  impose, or if a license would have expired but for pending

22  administrative charges and the occupational licensee is found

23  to be in violation of any of the charges, the license may be

24  revoked and a time period of license ineligibility may be

25  declared.  The division may bring administrative charges

26  against any person not holding a current license for

27  violations of statutes or rules which occurred while such

28  person held an occupational license, and the division may

29  declare such person ineligible to hold a license for a period

30  of time.  The division may impose a civil fine of up to $1,000

31  for each violation of the rules of the division in addition to

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  1  or in lieu of any other penalty provided for in this section.

  2  In addition to any other penalty provided by law, the division

  3  may exclude from all pari-mutuel facilities in this state, for

  4  a period not to exceed the period of suspension, revocation,

  5  or ineligibility, any person whose occupational license

  6  application has been denied by the division, who has been

  7  declared ineligible to hold an occupational license, or whose

  8  occupational license has been suspended or revoked by the

  9  division.

10         (e)  The division may cancel any occupational license

11  that has been voluntarily relinquished by the licensee.

12         (6)(5)  In order to promote the orderly presentation of

13  pari-mutuel meets authorized in this chapter, the division may

14  issue a temporary occupational license.  The division shall

15  adopt rules to implement this subsection.  However, no

16  temporary occupational license shall be valid for more than 30

17  days, and no more than one temporary license may be issued for

18  any person in any year.

19         (7)(6)  The division may deny, revoke, or suspend any

20  occupational license if the applicant therefor or holder

21  thereof accumulates unpaid obligations or defaults in

22  obligations, or issues drafts or checks that are dishonored or

23  for which payment is refused without reasonable cause, if such

24  unpaid obligations, defaults, or dishonored or refused drafts

25  or checks directly relate to the sport of jai alai or racing

26  being conducted at a pari-mutuel facility within this state.

27         (8)(7)  The division may fine, or suspend or revoke, or

28  place conditions upon, the license of any licensee who under

29  oath knowingly provides false information regarding an

30  investigation by the division.

31

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  1         (9)(8)  The tax imposed by this section is in lieu of

  2  all license, excise, or occupational taxes to the state or any

  3  county, municipality, or other political subdivision, except

  4  that, if a race meeting or game is held or conducted in a

  5  municipality, the municipality may assess and collect an

  6  additional tax against any person conducting live racing or

  7  games within its corporate limits, which tax may not exceed

  8  $150 per day for horseracing or $50 per day for dogracing or

  9  jai alai.  Except as provided in this chapter, a municipality

10  may not assess or collect any additional excise or revenue tax

11  against any person conducting race meetings within the

12  corporate limits of the municipality or against any patron of

13  any such person.

14         (10)(9)  Upon application for an occupational license,

15  the division may require the applicant's full legal name; any

16  nickname, alias, or maiden name for the applicant; name of the

17  applicant's spouse; the applicant's date of birth, residence

18  address, mailing address, residence address and business phone

19  number, and social security number; disclosure of any felony

20  or any conviction involving bookmaking, illegal gambling, or

21  cruelty to animals; disclosure of any past or present

22  enforcement or actions by any racing or gaming agency against

23  the applicant; and any information the division determines is

24  necessary to establish the identity of the applicant or to

25  establish that the applicant is of good moral character.

26  Fingerprints shall be taken in a manner approved by the

27  division and then shall be submitted to the Federal Bureau of

28  Investigation, or to the association of state officials

29  regulating pari-mutuel wagering pursuant to the Federal

30  Pari-mutuel Licensing Simplification Act of 1988.  The cost of

31  processing fingerprints shall be borne by the applicant and

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  1  paid to the association of state officials regulating

  2  pari-mutuel wagering from the trust fund to which the

  3  processing fees are deposited.  The division shall require

  4  each applicant for an occupational license to have the

  5  applicant's signature witnessed and notarized or signed in the

  6  presence of a division official.  The division, by rule, may

  7  require additional information from licensees which is

  8  reasonably necessary to regulate the industry.  The division

  9  may, by rule, exempt certain occupations or groups of persons

10  from the fingerprinting requirements.

11         Section 26.  Subsection (2) of section 550.24055,

12  Florida Statutes, is amended to read:

13         550.24055  Use of controlled substances or alcohol

14  prohibited; testing of certain occupational licensees;

15  penalty; evidence of test or action taken and admissibility

16  for criminal prosecution limited.--

17         (2)  The occupational licensees, by applying for and

18  holding such licenses, are deemed to have given their consents

19  to submit to an approved chemical test of their breath for the

20  purpose of determining the alcoholic content of their blood

21  and to a urine or blood test for the purpose of detecting the

22  presence of controlled substances. Such tests shall only be

23  conducted upon reasonable cause that a violation has occurred

24  as shall be determined solely by the stewards at a horseracing

25  meeting or the judges or board of judges at a dogtrack or jai

26  alai meet. The failure to submit to such test may result in a

27  suspension of the person's occupational license for a period

28  of 10 days or until this section has been complied with,

29  whichever is longer.

30         (a)  If there was at the time of the test 0.05 percent

31  or less by weight of alcohol in the person's blood, the person

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  1  is presumed not to have been under the influence of alcoholic

  2  beverages to the extent that the person's normal faculties

  3  were impaired, and no action of any sort may be taken by the

  4  stewards, judges, or board of judges or the division.

  5         (b)  If there was at the time of the test an excess of

  6  0.05 percent but less than 0.08 0.10 percent by weight of

  7  alcohol in the person's blood, that fact does not give rise to

  8  any presumption that the person was or was not under the

  9  influence of alcoholic beverages to the extent that the

10  person's faculties were impaired, but the stewards, judges, or

11  board of judges may consider that fact in determining whether

12  or not the person will be allowed to officiate or participate

13  in any given race or jai alai game.

14         (c)  If there was at the time of the test 0.08 0.10

15  percent or more by weight of alcohol in the person's blood,

16  that fact is prima facie evidence that the person was under

17  the influence of alcoholic beverages to the extent that the

18  person's normal faculties were impaired, and the stewards or

19  judges may take action as set forth in this section, but the

20  person may not officiate at or participate in any race or jai

21  alai game on the day of such test.

22

23  All tests relating to alcohol must be performed in a manner

24  substantially similar, or identical, to the provisions of s.

25  316.1934 and rules adopted pursuant to that section.

26  Following a test of the urine or blood to determine the

27  presence of a controlled substance as defined in chapter 893,

28  if a controlled substance is found to exist, the stewards,

29  judges, or board of judges may take such action as is

30  permitted in this section.

31

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  1         Section 27.  Section 550.2614, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

  4         s. 550.2614, F.S., for present text.)

  5         550.2614  Horsemen's association; membership;

  6  responsibilities.--

  7         (1)  Upon receiving a license or renewal thereof, each

  8  thoroughbred owner and trainer shall receive automatic

  9  membership in the Florida Horsemen's Benevolent and Protective

10  Association, Inc., or another association designated by the

11  licensee which represents the majority of the thoroughbred

12  racehorse owners and trainers at the permitholder located in

13  Hillsborough County, and shall be counted on the membership

14  rolls of that association, unless, within 30 calendar days

15  after receiving a license from the division, the individual

16  declines such membership in writing. The division shall

17  monitor the membership rolls of each association to ensure

18  that complete, accurate, and timely listings are maintained

19  for the purposes specified in this section and s. 550.3551.

20         (2)  Each licensee that holds a permit for thoroughbred

21  horse racing in this state shall deduct from the total purse

22  pool an amount of money equal to 1 percent of the total purse

23  pool and shall pay that amount to the Florida Horsemen's

24  Benevolent and Protective Association, Inc., or to another

25  association representing a majority of the thoroughbred

26  racehorse owners and trainers at the permittee located in

27  Hillsborough County. These funds must be used for the purpose

28  of providing for the benefit, aid, assistance, or relief of

29  thoroughbred owners, trainers, exercise riders, grooms, stable

30  attendants, and other thoroughbred racing personnel employed

31  in connection with racing, and their spouses and children, who

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  1  demonstrate a need for financial assistance connected with

  2  death, illness, or off-the-job injury and who are not

  3  otherwise covered by health and welfare plans, workers'

  4  compensation, social security, public assistance, or any other

  5  type of health, medical, death, or accident insurance.

  6         (3)  The division shall audit the collection and

  7  distribution of funds as authorized in this section to assure

  8  that the funds are being used for the charitable and

  9  beneficial purposes set forth in this section. The division

10  may take action to assure that such funds are being used as

11  authorized by subsection (2). Such actions may include seeking

12  an injunction against distribution, or seeking recovery, of

13  funds that are being distributed in a manner inconsistent with

14  the requirements of subsection (2). The division may adopt

15  rules to facilitate the orderly transfer of funds authorized

16  by subsection (2) or to carry out its responsibilities as

17  provided in this section.

18         Section 28.  Subsection (1) of section 550.26165,

19  Florida Statutes, is amended to read:

20         550.26165  Breeders' awards.--

21         (1)  The purpose of this section is to encourage the

22  agricultural activity of breeding and training racehorses in

23  this state.  Moneys dedicated in this chapter for use as

24  breeders' awards and stallion awards from breaks and uncashed

25  tickets from pari-mutuel wagering and horseraces are to be

26  used for awards of up to 20 percent of the announced gross

27  purse at any race to breeders of registered Florida-bred

28  horses winning horseraces and for similar awards to the owners

29  of stallions who sired Florida-bred horses winning stakes

30  races, if the stallions are registered as Florida stallions

31  standing in this state. Such awards shall be given at a

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  1  uniform rate to all winners of the awards, shall not be

  2  greater than 20 percent of the announced gross purse, and

  3  shall not be less than 15 percent of the announced gross purse

  4  if funds are available. In addition, no less than 25 percent

  5  nor more than 45 percent, as determined by the Florida

  6  Thoroughbred Breeders' Association, of the moneys dedicated in

  7  this chapter for use as breeders' awards and stallion awards

  8  for thoroughbreds shall be returned prorata to the

  9  permitholders that generated the moneys for awards to be

10  distributed by the permitholders to owners of registered

11  Florida-bred thoroughbred horses winning in thoroughbred races

12  and winning or placing in thoroughbred stakes races, all in

13  accordance with a plan established annually no later than 120

14  days before the first day of the permitholders' racing meet

15  and agreed upon by the permitholder, the Florida Thoroughbred

16  Breeders' Association, and the Florida Horsemen's Benevolent

17  and Protective Association, Inc. Awards for thoroughbred races

18  are to be paid through the Florida Thoroughbred Breeders'

19  Association, and awards for standardbred races are to be paid

20  through the Florida Standardbred Breeders and Owners

21  Association. Among other sources specified in this chapter,

22  The moneys for thoroughbred breeders' awards will come from

23  the 0.975 0.75 percent of handle for thoroughbred races

24  conducted, received, broadcast, or simulcast under this

25  chapter as provided in s. 550.2625(3).  The moneys for quarter

26  horse and harness breeders' awards will come from the breaks

27  and uncashed tickets on live quarter horse and harness racing

28  performances and 1 percent of handle on intertrack wagering.

29  The funds for these breeders' awards shall be paid to the

30  respective breeders' associations by the permitholders

31  conducting the races. The awards are to be given at a uniform

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  1  rate to all winners of the awards and may not be less than 15

  2  percent of the announced gross purse if funds are available.

  3         Section 29.  Subsections (2) and (3) of section

  4  550.2625, Florida Statutes, are amended to read:

  5         550.2625  Horseracing; minimum purse requirement,

  6  Florida breeders' and owners' awards.--

  7         (2)  Each permitholder conducting a horserace meet is

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

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

10  performed.

11         (a)  A permitholder conducting a thoroughbred horse

12  race meet under this chapter must pay from the takeout

13  withheld a sum not less than 7.75 7.5 percent of all

14  contributions to pari-mutuel pools conducted during the race

15  meet as purses. In addition to the 7.75 7.5 percent minimum

16  purse payment, permitholders conducting live thoroughbred

17  performances shall be required to pay as additional purses

18  .625 percent of live handle for performances conducted during

19  the period beginning on January 3 and ending March 16; .225

20  percent for performances conducted during the period beginning

21  March 17 and ending May 22; and .85 percent for performances

22  conducted during the period beginning May 23 and ending

23  January 2.  Except that any thoroughbred permitholder whose

24  total handle on live performances during the 1991-1992 state

25  fiscal year was not greater than $34 million is not subject to

26  this additional purse payment. A permitholder authorized to

27  conduct thoroughbred racing may withhold from the handle an

28  additional amount equal to 1 percent on exotic wagering for

29  use as owners' awards, and may withhold from the handle an

30  amount equal to 2 percent on exotic wagering for use as

31  overnight purses.  No permitholder may withhold in excess of

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  1  20 percent from the handle without withholding the amounts set

  2  forth in this subsection.

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

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

  5  takeout withheld a purse requirement that totals an amount not

  6  less than 8.25 8 percent of all contributions to pari-mutuel

  7  pools conducted during the race meet.  An amount not less than

  8  7.75 7.5 percent of the total handle shall be paid from this

  9  purse pool as purses.

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

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

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

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

14  disability insurance benefits for occupational licensees who

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

16  conducted.  Such insurance benefits must be paid from the

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

18  payment of insurance benefits from the purse pool, including

19  qualifications for eligibility, must be submitted by the

20  Florida Standardbred Breeders and Owners Association for

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

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

23  Florida Standardbred Breeders and Owners Association

24  concerning the administration of the plan must be available

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

26  the plan has been implemented and administered as authorized.

27  If the division finds that the Florida Standardbred Breeders

28  and Owners Association has not complied with the provisions of

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

30  and desist from administering the plan and shall appoint the

31  division as temporary administrator of the plan until the

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  1  division reestablishes administration of the plan with the

  2  association.

  3         (c)  A permitholder conducting a quarter horse race

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

  5  sum not less than 6 percent of all contributions to

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

  7         (d)  The division shall adopt reasonable rules to

  8  ensure the timely and accurate payment of all amounts withheld

  9  by horserace permitholders regarding the distribution of

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

11  payment to owners and breeders.  Each permitholder that fails

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

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

14  during which the permitholder underpaid purses, deposit an

15  amount equal to the underpayment into a separate

16  interest-bearing account to be distributed to owners and

17  breeders in accordance with division rules.

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

19  account generated through intertrack wagering and interstate

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

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

22  an average blended takeout which does not exceed 20 percent

23  and with an average daily purse distribution excluding

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

25  exempt from the provisions of this paragraph.

26         (3)  Each horseracing permitholder conducting any

27  thoroughbred race under this chapter, including any intertrack

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

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

30  equal to 0.975 0.75 percent on all pari-mutuel pools conducted

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

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  1  awards as authorized in this section.  This subsection also

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

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

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

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

  6  550.3551(2), the host track is required to pay 3.65 3.3

  7  percent of the gross revenue derived from such out-of-state

  8  broadcasts as breeders' and stallion awards.  The Florida

  9  Thoroughbred Breeders' Association is authorized to receive

10  these payments from the permitholders and make payments of

11  awards earned.  The Florida Thoroughbred Breeders' Association

12  has the right to withhold up to 10 percent of the

13  permitholder's payments under this section as a fee for

14  administering the payments of awards and for general promotion

15  of the industry.  The permitholder shall remit these payments

16  to the Florida Thoroughbred Breeders' Association by the 5th

17  day of each calendar month for such sums accruing during the

18  preceding calendar month and shall report such payments to the

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

20  the 10-percent fee, the moneys paid by the permitholders shall

21  be maintained in a separate, interest-bearing account, and

22  such payments together with any interest earned shall be used

23  exclusively for the payment of breeders' awards and stallion

24  awards in accordance with the following provisions:

25         (a)  The breeder of each Florida-bred thoroughbred

26  horse winning a thoroughbred horse race is entitled to an

27  award of up to, but not exceeding, 20 percent of the announced

28  gross purse, including nomination fees, eligibility fees,

29  starting fees, supplementary fees, and moneys added by the

30  sponsor of the race.

31

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  1         (b)  The owner or owners of the sire of a Florida-bred

  2  thoroughbred horse that wins a stakes race is entitled to a

  3  stallion award of up to, but not exceeding, 20 percent of the

  4  announced gross purse, including nomination fees, eligibility

  5  fees, starting fees, supplementary fees, and moneys added by

  6  the sponsor of the race.

  7         (c)  The owners of registered Florida-bred thoroughbred

  8  horses winning or placing in thoroughbred stakes races may

  9  receive an award in accordance with a plan established in s.

10  550.26165(1).

11         (d)(c)  In order for a breeder of a Florida-bred

12  thoroughbred horse to be eligible to receive a breeder's

13  award, or for the owners of a registered Florida-bred

14  thoroughbred horse to be eligible to receive an award under

15  paragraph (c), the horse winning the race must have been

16  registered as a Florida-bred horse with the Florida

17  Thoroughbred Breeders' Association, and the Jockey Club

18  certificate for the winning horse must show that it the winner

19  has been duly registered as a Florida-bred horse as evidenced

20  by the seal and proper serial number of the Florida

21  Thoroughbred Breeders' Association registry.  The Florida

22  Thoroughbred Breeders' Association shall be permitted to

23  charge the registrant a reasonable fee for this verification

24  and registration.

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

26  thoroughbred horse winning a stakes race to be eligible to

27  receive a stallion award, the stallion must have been

28  registered with the Florida Thoroughbred Breeders'

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

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

31  standing permanently in this state during the period of time

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

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

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

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

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

  6  any reason, other than exclusively for prescribed medical

  7  treatment, as approved by the Florida Thoroughbred Breeders'

  8  Association, renders the owner or owners of the stallion

  9  ineligible to receive a stallion award under any circumstances

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

11  stallion is returned to this state, all offspring sired

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

13  stallion eligible for the stallion award but only for those

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

15  Florida Thoroughbred Breeders' Association shall maintain

16  complete records showing the date the stallion arrived in this

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

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

19  whether the stallion is still standing in this state and

20  complete records showing awards earned, received, and

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

22  breeder a reasonable fee for this service.

23         (f)(e)  A permitholder conducting a thoroughbred horse

24  race under the provisions of this chapter shall, within 30

25  days after the end of the race meet during which the race is

26  conducted, certify to the Florida Thoroughbred Breeders'

27  Association such information relating to the thoroughbred

28  horses winning a stakes or other horserace at the meet as may

29  be required to determine the eligibility for payment of

30  breeders' awards and stallion awards.

31

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  1         (g)(f)  The Florida Thoroughbred Breeders' Association

  2  shall maintain complete records showing the starters and

  3  winners in all races conducted at thoroughbred tracks in this

  4  state; shall maintain complete records showing awards earned,

  5  received, and distributed; and may charge the owner, owners,

  6  or breeder a reasonable fee for this service.

  7         (h)(g)  The Florida Thoroughbred Breeders' Association

  8  shall annually establish a uniform rate and procedure for the

  9  payment of breeders' and stallion awards and shall make

10  breeders' and stallion award payments in strict compliance

11  with the established uniform rate and procedure plan.  The

12  plan may set a cap on winnings and may limit, exclude, or

13  defer payments to certain classes of races, such as the

14  Florida stallion stakes races, in order to assure that there

15  are adequate revenues to meet the proposed uniform rate. Such

16  plan must include proposals for the general promotion of the

17  industry. Priority shall be placed upon imposing such

18  restrictions in lieu of allowing the uniform rate to be less

19  than 15 percent of the total purse payment.  The uniform rate

20  and procedure plan must be approved by the division before

21  implementation.  In the absence of an approved plan and

22  procedure, the authorized rate for breeders' and stallion

23  awards is 15 percent of the announced gross purse for each

24  race.  Such purse must include nomination fees, eligibility

25  fees, starting fees, supplementary fees, and moneys added by

26  the sponsor of the race. If the funds in the account for

27  payment of breeders' and stallion awards are not sufficient to

28  meet all earned breeders' and stallion awards, those breeders

29  and stallion owners not receiving payments have first call on

30  any subsequent receipts in that or any subsequent year.

31

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  1         (i)(h)  The Florida Thoroughbred Breeders' Association

  2  shall keep accurate records showing receipts and disbursements

  3  of such payments and shall annually file a full and complete

  4  report to the division showing such receipts and disbursements

  5  and the sums withheld for administration.  The division may

  6  audit the records and accounts of the Florida Thoroughbred

  7  Breeders' Association to determine that payments have been

  8  made to eligible breeders and stallion owners in accordance

  9  with this section.

10         (j)(i)  If the division finds that the Florida

11  Thoroughbred Breeders' Association has not complied with any

12  provision of this section, the division may order the

13  association to cease and desist from receiving funds and

14  administering funds received under this section.  If the

15  division enters such an order, the permitholder shall make the

16  payments authorized in this section to the division for

17  deposit into the Pari-mutuel Wagering Trust Fund; and any

18  funds in the Florida Thoroughbred Breeders' Association

19  account shall be immediately paid to the Division of

20  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering

21  Trust Fund.  The division shall authorize payment from these

22  funds to any breeder or stallion owner entitled to an award

23  that has not been previously paid by the Florida Thoroughbred

24  Breeders' Association in accordance with the applicable rate.

25         Section 30.  Paragraph (a) of subsection (6) of section

26  550.3551, Florida Statutes, is amended to read:

27         550.3551  Transmission of racing and jai alai

28  information; commingling of pari-mutuel pools.--

29         (6)(a)  A maximum of 20 percent of the total number of

30  races on which wagers are accepted by a greyhound permitholder

31  not located as specified in s. 550.615(6) may be received from

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  1  locations outside this state.  A permitholder may not conduct

  2  fewer than eight live races or games on any authorized race

  3  day except as provided in this subsection. A thoroughbred

  4  permitholder may not conduct fewer than eight live races on

  5  any race day without the written approval of the Florida

  6  Thoroughbred Breeders' Association and the Florida Horsemen's

  7  Benevolent and Protective Association, Inc.  horsemen's group

  8  representing the majority of thoroughbred racehorse owners and

  9  trainers in this state.  A harness permitholder may conduct

10  fewer than eight live races on any authorized race day, except

11  that such permitholder must conduct a full schedule of live

12  racing during its race meet consisting of at least eight live

13  races per authorized race day for at least 100 days.  Any

14  harness horse permitholder that during the preceding racing

15  season conducted a full schedule of live racing may, at any

16  time during its current race meet, receive full-card

17  broadcasts of harness horse races conducted at harness

18  racetracks outside this state at the harness track of the

19  permitholder and accept wagers on such harness races. With

20  specific authorization from the division for special racing

21  events, a permitholder may conduct fewer than eight live races

22  or games when the permitholder also broadcasts out-of-state

23  races or games. The division may not grant more than two such

24  exceptions a year for a permitholder in any 12-month period,

25  and those two exceptions may not be consecutive.

26         Section 31.  Subsections (1) and (4) of section

27  550.6308, Florida Statutes, are amended, and subsection (5) is

28  added to that section, to read:

29         550.6308  Limited intertrack wagering license.--In

30  recognition of the economic importance of the thoroughbred

31  breeding industry to this state, its positive impact on

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  1  tourism, and of the importance of a permanent thoroughbred

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

  3  industry, a limited license to conduct intertrack wagering is

  4  established to ensure the continued viability and public

  5  interest in thoroughbred breeding in Florida.

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

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

  8  conduct public sales of thoroughbred horses pursuant to s.

  9  535.01, that has conducted at least 15 days of thoroughbred

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

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

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

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

14  consecutive years before such application, shall be issued a

15  license, subject to the conditions set forth in this section,

16  to conduct intertrack wagering at such a permanent sales

17  facility during the following periods: for thoroughbred racing

18  for

19         (a)  Up to 21 days in connection with thoroughbred

20  sales;, to conduct intertrack wagering at such permanent sales

21  facility

22         (b)  Between November 1 and May 8;, to conduct

23  intertrack wagering at such permanent sales facility

24         (c)  Between May 9 and October 31 at such times and on

25  such days as any thoroughbred, jai alai, or a greyhound

26  permitholder in the same county is not conducting live

27  performances; provided that any such permitholder may waive

28  this requirement, in whole or in part, and allow the licensee

29  under this section to conduct intertrack wagering during one

30  or more of the permitholder's live performances; and, and to

31

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  1  conduct intertrack wagering under the provisions of this

  2  subsection

  3         (d)  During the weekend of the Kentucky Derby, the

  4  Preakness, the Belmont, and a Breeders' Cup Meet that is

  5  conducted before November 1 and after May 8., subject to

  6  conditions set forth in this section but

  7

  8  No more than one such license may be issued, and no such

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

10  of any thoroughbred permitholder's track.

11         (4)  Intertrack wagering under this section may be

12  conducted only on thoroughbred horse racing, except that

13  intertrack wagering may be conducted on any class of

14  pari-mutuel race or game conducted by any class of

15  permitholders licensed under this chapter if all thoroughbred,

16  jai alai, and greyhound permitholders in the same county as

17  the licensee under this section give their consent.

18         (5)  The licensee shall be considered a guest track

19  under this chapter. The licensee shall pay 2.5 percent of the

20  total contributions to the daily pari-mutuel pool on wagers

21  accepted at the licensee's facility on greyhound races or jai

22  alai games to the thoroughbred permitholder that is conducting

23  live races for purses to be paid during its current racing

24  meet. If more than one thoroughbred permitholder is conducting

25  live races on a day during which the licensee is conducting

26  intertrack wagering on greyhound races or jai alai games, the

27  licensee shall allocate these funds between the operating

28  thoroughbred permitholders on a prorata basis based on the

29  total live handle at the operating permitholders' facilities.

30         Section 32.  Section 550.74, Florida Statutes, is

31  created to read:

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  1         550.74  Admissions and sales tax.--A tax may not be

  2  levied on programs, parking, or admissions under this chapter

  3  or chapter 212 for events permitted or licensed and conducted

  4  pursuant to this chapter.

  5         Section 33.  Subsection (7) of section 773.01, Florida

  6  Statutes, is amended to read:

  7         773.01  Definitions.--As used in ss. 773.01-773.05:

  8         (7)  "Participant" means any person, whether amateur or

  9  professional, who engages in or any equine that participates

10  in an equine activity, whether or not a fee is paid to

11  participate in the equine activity.

12         Section 34.  Subsection (1) of section 773.03, Florida

13  Statutes, is amended to read:

14         773.03  Limitation on liability for equine activity;

15  exceptions.--

16         (1)  This section applies shall not apply to the

17  horseracing industry as defined in chapter 550.

18         Section 35.  Interstate Compact on Licensure of

19  Participants in Pari-mutuel Wagering.--There is created the

20  Interstate Compact on Licensure of Participants in Pari-mutuel

21  Wagering.

22         Section 36.  Purposes.--The purposes of this compact

23  are to:

24         (1)  Establish uniform requirements among the party

25  states for the licensing of participants with pari-mutuel

26  wagering, and ensure that all licensed participants meet a

27  uniform minimum standard of honesty and integrity.

28         (2)  Facilitate the growth of the pari-mutuel wagering

29  industry in each party state and nationwide by simplifying the

30  process for licensing participants in pari-mutuel wagering,

31  and reduce the duplicative and costly process of separate

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  1  licensing by the regulatory agency in each state that conducts

  2  pari-mutuel wagering.

  3         (3)  Authorize the Department of Business and

  4  Professional Regulation to participate in this compact.

  5         (4)  Provide for participation in this compact by

  6  officials of the party states, and permit those officials,

  7  through the compact committee established by this compact, to

  8  enter into contracts with governmental agencies and

  9  nongovernmental persons to carry out the purposes of this

10  compact.

11         (5)  Establish the compact committee created by this

12  compact as an interstate governmental entity duly authorized

13  to request and receive criminal-history record information

14  from the Federal Bureau of Investigation and other state and

15  local law enforcement agencies.

16         Section 37.  Definitions.--As used in this compact, the

17  term:

18         (1)  "Compact committee" means the organization of

19  officials from the party states which is authorized and

20  empowered to carry out the purposes of this compact.

21         (2)  "Official" means the appointed, elected,

22  designated, or otherwise duly selected member of a racing

23  commission, or the equivalent thereof, in a party state who

24  represents that party state as a member of the compact

25  committee.

26         (3)  "Participants in pari-mutuel wagering" means

27  participants in horseracing, greyhound racing, and jai alai

28  games with pari-mutuel wagering in the party states.

29         (4)  "Party state" means each state that has enacted

30  this compact.

31

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  1         (5)  "State" means each of the several states of the

  2  United States, the District of Columbia, the Commonwealth of

  3  Puerto Rico, and each territory or possession of the United

  4  States.

  5         Section 38.  Entry into force.--This compact shall come

  6  into force when enacted by any four states. Thereafter, this

  7  compact shall become effective in any other state upon that

  8  state's enactment of this compact and upon the affirmative

  9  vote of a majority of the officials on the compact committee

10  as provided in section 43.

11         Section 39.  States eligible to join compact.--Any

12  state that has adopted or authorized pari-mutuel wagering

13  shall be eligible to become a party to this compact.

14         Section 40.  Withdrawal from compact; impact on force

15  and effect.--

16         (1)  Any party state may withdraw from this compact by

17  enacting a statute repealing this compact, but such a

18  withdrawal becomes effective only when the head of the

19  executive branch of the withdrawing party state has given

20  written notice of the withdrawal to the heads of the executive

21  branch of all other party states.

22         (2)  If, as a result of withdrawals, participation in

23  this compact decreases to fewer than three party states, this

24  compact shall no longer be in force and effect until

25  participation in this compact increases to three or more party

26  states.

27         Section 41.  Compact committee.--

28         (1)  There is created an interstate governmental entity

29  to be known as the "compact committee," which shall be

30  composed of one official from the racing commission, or the

31  equivalent thereof, in each party state who shall be

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  1  appointed, serve, and be subject to removal in accordance with

  2  the laws of the party state that she or he represents.  The

  3  official from Florida shall be appointed by the Secretary of

  4  Business and Professional Regulation. Pursuant to the laws of

  5  her or his party state, each official shall have the

  6  assistance of her or his state's racing commission, or the

  7  equivalent thereof, in considering issues related to licensing

  8  of participants in pari-mutuel wagering and in fulfilling her

  9  or his responsibilities as the representative from her or his

10  state to the compact committee.

11         (2)  If an official is unable to perform any of her or

12  his duties as a member of the compact committee, the racing

13  commission, or the equivalent thereof, from her or his state

14  shall designate another of its members as an alternate who

15  shall serve in her or his place and represent the party state

16  as its official on the compact committee, until that racing

17  commission, or the equivalent thereof, determines that the

18  original representative official is once again able to perform

19  her or his duties as that party state's representative

20  official on the compact committee. The designation of an

21  alternate shall be communicated by the affected state's racing

22  commission, or the equivalent thereof, to the compact

23  committee as the committee's bylaws provide.

24         Section 42.  Powers and duties of compact

25  committee.--In order to carry out the purposes of this

26  compact, the compact committee has the power and duty to:

27         (1)(a)  Determine which categories of participants in

28  pari-mutuel wagering, including, but not limited to, owners,

29  trainers, jockeys, jai alai players, drivers, grooms, mutuel

30  clerks, racing officials, veterinarians, and farriers, should

31  be licensed by the committee, and to establish the

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  1  requirements for the initial licensure of applicants in each

  2  category, the term of the license for each category, and the

  3  requirements for renewal of licenses in each category.

  4         (b)  With regard to requests for criminal-history

  5  record information on each applicant for a license, and with

  6  regard to the effect of a criminal record on the issuance or

  7  renewal of a license, determine for each category of

  8  participants in pari-mutuel wagering which licensure

  9  requirements for that category are, in its judgment, the

10  most-restrictive licensure requirements of any party state for

11  that category and to adopt licensure requirements for that

12  category which are, in its judgment, comparable to those

13  most-restrictive requirements.

14         (2)  Investigate applicants for licensure by the

15  compact committee and, as permitted by federal and state law,

16  gather information on such applicants, including

17  criminal-history record information from the Federal Bureau of

18  Investigation and relevant state and local law enforcement

19  agencies, and, where appropriate, from the Royal Canadian

20  Mounted Police and law enforcement agencies of other

21  countries, which is necessary to determine whether a license

22  should be issued under the licensure requirements established

23  by the committee under subsection (1). The fingerprints of

24  each applicant for licensure by the compact committee shall be

25  taken by the compact committee, its employees, or its

26  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.

27  100-413, shall be forwarded to a state identification bureau

28  or to the Association of Racing Commissioners International,

29  Inc., for submission to the Federal Bureau of Investigation

30  for a criminal-history record check. Such fingerprints may be

31  submitted on a fingerprint card or by electronic or other

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  1  means authorized by the Federal Bureau of Investigation or

  2  other receiving law enforcement agency.

  3         (3)  Issue licenses to, and renew the licenses of,

  4  participants in pari-mutuel wagering who are found by the

  5  committee to have met the licensure and renewal requirements

  6  established by the committee under subsection (1). The compact

  7  committee shall not have the power or authority to deny a

  8  license.  If the compact committee determines that an

  9  applicant is not eligible for the issuance or renewal of a

10  compact committee license, the compact committee shall notify

11  the applicant that her or his application will not be

12  processed further. Such notification does not constitute and

13  shall not be considered to be the denial of a license. Any

14  such applicant shall have the right to present additional

15  evidence to, and be heard by, the compact committee, but the

16  final decision on issuance or renewal of the license shall be

17  made by the compact committee using the requirements

18  established under subsection (1).

19         (4)  Enter into contracts or agreements with

20  governmental agencies and nongovernmental persons to provide

21  personal services for its activities and such other services

22  as are necessary to effectuate the purposes of this compact.

23         (5)  Create, appoint, and abolish those offices,

24  employments, and positions, including that of executive

25  director, that it considers necessary for the purposes of this

26  compact; prescribe the powers, duties, and qualifications of,

27  and hire persons to fill, such offices, employments, and

28  positions; and provide for the removal, term, tenure,

29  compensation, fringe benefits, retirement benefits, and other

30  conditions of employment of persons filling such offices,

31  employments, and positions.

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  1         (6)  Borrow, accept, or contract for the services of

  2  personnel from any state, the United States, or any other

  3  governmental agency, or from any person, firm, association,

  4  corporation, or other entity.

  5         (7)  Acquire, hold, and dispose of real and personal

  6  property by gift, purchase, lease, or license, or in other

  7  similar manner, in furtherance of the purposes of this

  8  compact.

  9         (8)  Charge a fee to each applicant for an initial

10  license or renewal of a license.

11         (9)  Receive other funds through gifts, grants, and

12  appropriations.

13         Section 43.  Voting requirements.--

14         (1)  Each member of the compact committee is entitled

15  to one vote.

16         (2)  All action taken by the compact committee with

17  regard to the addition of party states, the licensure of

18  participants in pari-mutuel wagering, and the receipt and

19  disbursement of funds requires a majority vote of the members

20  of the compact committee or their alternates. All other action

21  by the compact committee requires a majority vote of the

22  members present or their alternates.

23         (3)  The compact committee may not take any action

24  unless a quorum is present. A majority of the members of the

25  compact committee or their alternates constitutes a quorum.

26         Section 44.  Administration and management.--

27         (1)  The compact committee shall elect annually from

28  among its members a chairperson, a vice chairperson, and a

29  secretary/treasurer.

30         (2)  The compact committee shall adopt bylaws for the

31  conduct of its business by a two-thirds vote of the members of

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  1  the committee or their alternates and may, by the same vote,

  2  amend and rescind these bylaws. The compact committee shall

  3  publish its bylaws in convenient form and shall file a copy

  4  thereof and a copy of any amendments thereto with the

  5  Secretary of State or equivalent agency of each of the party

  6  states.

  7         (3)  The compact committee may delegate the day-to-day

  8  management and administration of its duties and

  9  responsibilities to an executive director and her or his

10  support staff.

11         (4)  Employees of the compact committee shall be

12  considered governmental employees.

13         Section 45.  Immunity from liability for performance of

14  official responsibilities and duties.--A member or employee of

15  the compact committee may not be held personally liable for

16  any good-faith act or omission that occurs during the

17  performance and within the scope of her or his

18  responsibilities and duties under this compact.

19         Section 46.  Rights and responsibilities of each party

20  state.--

21         (1)  By enacting this compact, each party state:

22         (a)  Agrees to:

23         1.  Accept the decisions of the compact committee

24  regarding the issuance of compact committee licenses to

25  participants in pari-mutuel wagering pursuant to the

26  committee's licensure requirements.

27         2.  Reimburse or otherwise pay the expenses of its

28  official representative on the compact committee or her or his

29  alternate.

30         (b)  Agrees not to treat a notification to an applicant

31  by the compact committee described in subsection (3) of

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  1  section 42 as the denial of a license, or to penalize such an

  2  applicant in any other way based solely on such a decision by

  3  the compact committee.

  4         (c)  Reserves the right to:

  5         1.  Apply its own standards in determining whether, on

  6  the facts of a particular case, a compact committee license

  7  should be suspended or revoked. Any party state that suspends

  8  or revokes a compact committee license shall, through its

  9  racing commission or the equivalent thereof, or otherwise,

10  promptly notify the compact committee of that suspension or

11  revocation.

12         2.  Apply its own standards in determining licensure

13  eligibility, under the laws of that party state, for

14  categories of participants in pari-mutuel wagering which the

15  compact committee decides not to license and for individual

16  participants in pari-mutuel wagering who do not meet the

17  licensure requirements of the compact committee.

18         3.  Establish its own licensure standards for those who

19  are not covered by the compact committee license.

20         (2)  A party state may not be held liable for the debts

21  or other financial obligations incurred by the compact

22  committee.

23         Section 47.  Construction and severability.--

24         (1)  This compact shall be liberally construed so as to

25  effectuate its purposes. The provisions of this compact shall

26  be severable, and, if any phrase, clause, sentence, or

27  provision of this compact is declared to be contrary to the

28  Constitution of the United States or of any party state, or if

29  the applicability of this compact to any government, agency,

30  person, or circumstance is held invalid, the validity of the

31  remainder of this compact and the applicability thereof to any

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  1  government, agency, person, or circumstance shall not be

  2  affected thereby.

  3         (2)  If all or some portion of this compact is held to

  4  be contrary to the constitution of any party state, the

  5  compact shall remain in full force and effect as to the

  6  remaining party states and in full force and effect as to the

  7  state affected as to all severable matters.

  8         Section 48.  Paragraph (a) of subsection (2) of section

  9  550.0951, subsections (10), (11), and (12) of section

10  550.2415, and subsection (9) of section 550.615, Florida

11  Statutes, are repealed.

12         Section 49.  Except as otherwise expressly provided in

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

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2324

  3

  4  The Committee Substitute for Senate Bill 2324:

  5  -     Transfers the Pari-Mutuel Wagering Trust Fund's
          $29,515,500 county obligation to the General Revenue;
  6
    -     Provides specific tax reductions benefiting the
  7        greyhound racing, horse racing, and jai alai industries;

  8  -     Expands tax credit transfer provisions for greyhound
          permitholders to apply to all parimutuel taxes and the
  9        daily license fee and to be transferrable to the
          intertrack wagering host;
10
    -     Provides for retention by the greyhound permitholder of
11        money or other property represented by any unclaimed,
          uncashed, or abandoned pari-mutuel tickets from live and
12        simulcast races;

13  -     Clarifies that the three greyhound tracks in the
          Jacksonville market area can all conduct intertrack
14        wagering, even if live racing is not conducted at each
          of the facilities;
15
    -     Provides for relocation of jai alai permittees within a
16        county in the same manner as is currently provided for
          the relocation of greyhound dogracing permittees;
17
    -     Provides that escheated funds from any live jai alai
18        games will be paid to the National Association of Jai
          Alai Frontons to be used for the general promotion of
19        the sport of jai alai;

20  -     Allows jai alai permitholders to lease jai alai
          facilities within a 35-mile radius for jai alai games;
21
    -     Allows a jai alai permitholder to conduct two additional
22        charity performances to benefit retired jai alai
          players;
23
    -     Provides additional specific tax credits in connection
24        with the Breeders' Cup Meet;

25  -     Expands Ocala Breeders' intertrack wagering capability
          upon the consent of pari-mutuel permitholders, specifies
26        that Ocala Breeders is considered a guest track, and
          sets out payment provisions to the permitholders
27        conducting live races or games;

28  -     Provides that thoroughbred permitholders are entitled to
          a tax credit equal to the amount of the contributions
29        made to the Jockeys Guild or its Health and Welfare Fund
          not to exceed 2% of total pari-mutuel taxes paid the
30        prior year;

31  -     Requires increases in purses and awards for participants
          and breeders;
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  1  -     Forgives certain tax liability that accrued under s.
          550.09515(2)(a)2., F.S., between January 1, and the
  2        effective date of the bill;

  3  -     Creates the "Interstate Compact on Licensure of
          Participants in Pari-Mutuel Wagering," which is designed
  4        to establish uniform requirements among states for the
          licensing of pari-mutuel wagering participants, to
  5        provide reciprocity among states in recognizing permits,
          and to ensure that all licensed participants meet a
  6        uniform standard of honesty and integrity;

  7  -     Creates license categories for individuals participating
          in pari-mutuel wagering; and
  8
    -     Provides that no sales and use tax will be levied on
  9        programs or parking, and no admissions tax will be
          collected for pari-mutuel events.
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