CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
CHAMBER ACTION
Senate House
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11 Senators Lee and Geller moved the following amendment to
12 amendment (263483):
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14 Senate Amendment (with title amendment)
15 On page 1, line 17, through
16 page 72, line 16, delete those lines
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18 and insert:
19 Section 1. Subsection (1) of section 561.501, Florida
20 Statutes, is amended to read:
21 561.501 Surcharge on sale of alcoholic beverages for
22 consumption on the premises; penalty.--
23 (1) Notwithstanding s. 561.50 or any other provision
24 of the Beverage Law, a surcharge of 3.34 6.67 cents is imposed
25 upon each ounce of liquor and each 4 ounces of wine, a
26 surcharge of 2 4 cents is imposed on each 12 ounces of cider,
27 and a surcharge of 1.34 2.67 cents is imposed on each 12
28 ounces of beer sold at retail for consumption on premises
29 licensed by the division as an alcoholic beverage vendor.
30 However, the surcharges imposed under this subsection need not
31 be paid upon such beverages when they are sold by an
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 organization that is licensed by the division under s.
2 565.02(4) or s. 561.422 as an alcoholic beverage vendor and
3 that is determined by the Internal Revenue Service to be
4 currently exempt from federal income tax under s. 501(c)(3),
5 (4), (5), (6), (7), (8), or (19) of the Internal Revenue Code
6 of 1986, as amended.
7 Section 2. Subsection (4) of section 561.121, Florida
8 Statutes, is amended to read:
9 561.121 Deposit of revenue.--
10 (4) State funds collected pursuant to s. 561.501 shall
11 be paid into the State Treasury and credited to the following
12 accounts:
13 (a) Twenty-seven and two-tenths Thirteen and
14 six-tenths percent of the surcharge on the sale of alcoholic
15 beverages for consumption on premises shall be transferred to
16 the Children and Adolescents Substance Abuse Trust Fund, which
17 shall remain with the Department of Children and Family
18 Services for the purpose of funding programs directed at
19 reducing and eliminating substance abuse problems among
20 children and adolescents.
21 (b) The remainder of collections shall be credited to
22 the General Revenue Fund.
23 Section 3. Subsection (6) of section 212.20, Florida
24 Statutes, is amended to read:
25 212.20 Funds collected, disposition; additional powers
26 of department; operational expense; refund of taxes
27 adjudicated unconstitutionally collected.--
28 (6) Distribution of all proceeds under this chapter
29 shall be as follows:
30 (a) Proceeds from the convention development taxes
31 authorized under s. 212.0305 shall be reallocated to the
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Convention Development Tax Clearing Trust Fund.
2 (b) Proceeds from discretionary sales surtaxes imposed
3 pursuant to ss. 212.054 and 212.055 shall be reallocated to
4 the Discretionary Sales Surtax Clearing Trust Fund.
5 (c) Proceeds from the tax imposed pursuant to s.
6 212.06(5)(a)2. shall be reallocated to the Mail Order Sales
7 Tax Clearing Trust Fund.
8 (d) Proceeds from the fee imposed pursuant to s.
9 212.18(5) shall be deposited in the Solid Waste Management
10 Clearing Trust Fund, which is hereby created to be used by the
11 department, and shall be subsequently transferred to the State
12 Treasurer to be deposited into the Solid Waste Management
13 Trust Fund.
14 (e) Proceeds from the fees imposed under ss.
15 212.05(1)(i)3. and 212.18(3) shall remain with the General
16 Revenue Fund.
17 (f) The proceeds of all other taxes and fees imposed
18 pursuant to this chapter shall be distributed as follows:
19 1. In any fiscal year, the greater of $500 million,
20 minus an amount equal to 4.6 percent of the proceeds of the
21 taxes collected pursuant to chapter 201, or 5 percent of all
22 other taxes and fees imposed pursuant to this chapter shall be
23 deposited in monthly installments into the General Revenue
24 Fund.
25 2. Two-tenths of one percent shall be transferred to
26 the Solid Waste Management Trust Fund.
27 3. After the distribution under subparagraphs 1. and
28 2., 9.653 percent of the amount remitted by a sales tax dealer
29 located within a participating county pursuant to s. 218.61
30 shall be transferred into the Local Government Half-cent Sales
31 Tax Clearing Trust Fund.
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
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, special
23 districts, or district school boards of the duty to meet their
24 obligations as a result of previous pledges or assignments or
25 trusts 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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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
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 4. Subsection (8) of section 550.01215 is
31 repealed.
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Section 5. 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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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
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 excess of $3.5 million in the
19 Pari-mutuel Wagering Trust Fund shall be deposited to the
20 Treasurer to the credit of the General Revenue Fund as
21 provided in subsection (1).
22 (5) If a local or special law requires that any moneys
23 accruing to a county under this chapter, the same being
24 division funds, be paid to the Treasurer of the state, as ex
25 officio treasurer of the teachers' salary fund, to the credit
26 of a district school board, those moneys shall be paid
27 directly to the district school board.
28 Section 6. Subsections (1), (3), and (5) and paragraph
29 (b) of subsection (6) of section 550.0951, Florida Statutes,
30 are amended to read:
31 550.0951 Payment of daily license fee and taxes.--
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
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 imposed by this chapter or the daily
19 license fees imposed by this chapter on live handle under
20 subsection (3) except during any charity or scholarship
21 performances conducted pursuant to s. 550.0351. Effective
22 October 1, 1996, Each permitholder shall pay daily license
23 fees not to exceed $500 per day on any simulcast races or
24 games on which such permitholder accepts wagers regardless of
25 the number of out-of-state events taken or the number of
26 out-of-state locations from which such events are taken. This
27 license fee shall be deposited with the Treasurer to the
28 credit of the 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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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
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 imposed by this chapter or daily
24 license fees imposed by this chapter on live racing as
25 provided in this subsection. The greyhound permitholder host
26 track to which such exemption or daily license fee credit is
27 transferred shall reimburse such permitholder the exact
28 monetary value of such transferred exemption or credit as
29 actually applied against the taxes and daily license fees of
30 the host track. The division shall ensure that all transfers
31 of exemption or credit are made in accordance with this
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 subsection and shall have the authority to adopt rules to
2 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 5.5 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 2.0
23 3.3 percent of the handle if the host track is a horse track,
24 3.3 percent if the host track is a harness track, 5.5 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 or if the guest
29 track is located outside the market area of the host track and
30 within the market area of a throughbred permitholder currently
31 conducting a live race meet. The tax on handle for intertrack
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 wagering on rebroadcasts of simulcast thoroughbred horseraces
2 is 2.4 percent of the handle and 1.5 percent of the handle for
3 intertrack wagering on rebroadcasts of simulcast harness
4 horseraces. The tax shall be deposited into the Pari-mutuel
5 Wagering Trust General Revenue Fund.
6 2. Effective October 1, 1996, The tax on handle for
7 intertrack wagers accepted by any dog track located in an area
8 of the state in which there are only three permitholders, all
9 of which are greyhound permitholders, located in three
10 contiguous counties, from any greyhound permitholder also
11 located within such area or any dog track or jai alai fronton
12 located as specified in s. 550.615(6) or (9) (8), on races or
13 games received from the same class of permitholder located
14 within the same market area is 3.9 6 percent if the host
15 facility is a greyhound permitholder and, if the host facility
16 is a jai alai permitholder, the rate shall be 6.1 percent
17 except that it shall be 2.3 percent on handle at such time as
18 the total tax on intertrack handle paid to the division by the
19 permitholder during the current state fiscal year exceeds the
20 total tax on intertrack handle paid to the division by the
21 permitholder during the 1992-1993 state fiscal year.
22 3. Any guest track that imposes a surcharge on each
23 winning ticket cashed pursuant to s. 550.6335 shall pay an
24 additional tax equal to 5 percent of the surcharge so imposed.
25 Any taxes so imposed shall be deposited into the General
26 Revenue Fund.
27 (d) 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 (5) PAYMENT AND DISPOSITION OF FEES AND
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 TAXES.--Payment for the admission tax, tax on handle, and the
2 breaks tax imposed by this section shall be paid to the
3 division. The division shall deposit these sums with the
4 Treasurer, to the credit of one-half being credited to the
5 Pari-mutuel Wagering Trust Fund, hereby established, and
6 one-half being credited to the General Revenue Fund. The
7 permitholder shall remit to the division payment for the daily
8 license fee, the admission tax, the tax on handle, and the
9 breaks tax. Such payments shall be remitted by 3 p.m. Friday
10 of each week for taxes and fees imposed and collected for the
11 preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday
12 of each week for taxes imposed and collected for the preceding
13 week ending on Sunday Wednesday, Thursday, Friday, and
14 Saturday. Permitholders shall file a report under oath by the
15 5th day of each calendar month for all taxes remitted during
16 the preceding calendar month. Such payments shall be
17 accompanied by a report under oath showing the total of all
18 admissions, the pari-mutuel wagering activities for the
19 preceding calendar month, and such other information as may be
20 prescribed by the division.
21 (6) PENALTIES.--
22 (b) In addition to the civil penalty prescribed in
23 paragraph (a), any willful or wanton failure by any
24 permitholder to make payments of the daily license fee,
25 admission tax, tax on handle, or breaks tax, or surtax
26 constitutes sufficient grounds for the division to suspend or
27 revoke the license of the permitholder, to cancel the permit
28 of the permitholder, or to deny issuance of any further
29 license or permit to the permitholder.
30 Section 7. Any double-sum tax liability that accrued
31 under section 550.09515(2)(a)2., Florida Statutes, between
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 January 1, 2000, and the effective date of this act is
2 forgiven, and the Department of Business and Professional
3 Regulation may not maintain an action to collect such taxes.
4 Section 8. Section 550.09514, Florida Statutes, is
5 amended to read:
6 550.09514 Greyhound dogracing taxes; purse
7 requirements.--
8 (1) Notwithstanding the provisions of s.
9 550.0951(3)(b), Wagering on greyhound racing is subject to a
10 tax on handle for live greyhound racing as specified in s.
11 550.0951(3) at the rate of 7.6 percent of handle. However,
12 each permitholder shall pay no the tax on live handle in
13 excess of $100,000 per performance until such time as this
14 subsection has resulted in a tax savings per state fiscal year
15 of $360,000. Thereafter, each permitholder shall pay the tax
16 as specified in s. 550.0951(3) provided in this subsection on
17 all handle for the remainder of the permitholder's current
18 race meet, and the tax must be calculated and commence
19 beginning the day after the biweekly period in which the
20 permitholder reaches the maximum tax savings per state fiscal
21 year provided in this section. For the three permitholders
22 that which conducted a full schedule of live racing in 1995,
23 and are closest to another state that which authorizes
24 greyhound pari-mutuel wagering, the maximum tax savings per
25 state fiscal year shall be $500,000. The provisions of this
26 subsection relating to tax exemptions shall not apply to any
27 charity or scholarship performances conducted pursuant to s.
28 550.0351.
29 (2)(a) The division shall determine for each greyhound
30 permitholder the annual purse percentage rate of live handle
31 for the state fiscal year 1993-1994 by dividing total purses
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 paid on live handle by the permitholder, exclusive of payments
2 made from outside sources, during the 1993-1994 state fiscal
3 year by the permitholder's live handle for the 1993-1994 state
4 fiscal year. Each permitholder shall pay as purses for live
5 races conducted during its current race meet a percentage of
6 its live handle not less than the percentage determined under
7 this paragraph, exclusive of payments made by outside sources,
8 for its 1993-1994 state fiscal year.
9 (b)1. Except as otherwise provided herein, in addition
10 to the minimum purse percentage required by paragraph (a),
11 each permitholder shall pay as purses, for fiscal year
12 1996-1997, an amount equal to 75 percent of the permitholder's
13 tax credit pursuant to s. 550.0951(1).
14 2. Except as otherwise set forth herein, in addition
15 to the minimum purse percentage required by paragraph (a),
16 beginning July 1, 1997, each permitholder shall pay as purses
17 an annual amount equal to 75 percent of the daily license fees
18 paid by each permitholder for the 1994-1995 fiscal year. This
19 purse supplement shall be disbursed weekly during the
20 permitholder's race meet in an amount determined by dividing
21 the annual purse supplement by the number of performances
22 approved for the permitholder pursuant to its annual license
23 and multiplying that amount by the number of performances
24 conducted each week. For the greyhound permitholders in the
25 county where there are two greyhound permitholders located as
26 specified in s. 550.615(6), such permitholders shall pay in
27 the aggregate an amount equal to 75 percent of the daily
28 license fees paid by such permitholders for the 1994-1995
29 fiscal year. These permitholders shall be jointly and
30 severally liable for such purse payments.
31
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 The additional purses provided by this paragraph must be used
2 exclusively for purses other than stakes. The division shall
3 conduct audits necessary to ensure compliance with this
4 section.
5 (c)1. Each greyhound permitholder when conducting at
6 least three live performances during any week shall pay purses
7 in that week on wagers it accepts as a guest track on
8 intertrack and simulcast greyhound races at the same rate as
9 it pays on live races. Each greyhound permitholder when
10 conducting at least three live performances during any week
11 shall pay purses in that week, at the same rate as it pays on
12 live races, on wagers accepted on greyhound races at a guest
13 track which is not conducting live racing and is located
14 within the same market area as the greyhound permitholder
15 conducting at least three live performances during any week.
16 2. Each host greyhound permitholder shall pay purses
17 on its simulcast and intertrack broadcasts of greyhound races
18 to guest facilities that are located outside its market area
19 in an amount equal to one quarter of an amount determined by
20 subtracting the transmission costs of sending the simulcast or
21 intertrack broadcasts from an amount determined by adding the
22 fees received for greyhound simulcast races plus 3 percent of
23 the greyhound intertrack handle at guest facilities that are
24 located outside the market area of the host and that paid
25 contractual fees to the host for such broadcasts of greyhound
26 races.
27 (d) The division shall require sufficient
28 documentation from each greyhound permitholder regarding
29 purses paid on live racing to assure that the annual purse
30 percentage rates paid by each permitholder on the live races
31 are not reduced below those paid during the 1993-1994 state
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 fiscal year. The division shall require sufficient
2 documentation from each greyhound permitholder to assure that
3 the purses paid by each permitholder on the greyhound
4 intertrack and simulcast broadcasts are in compliance with the
5 requirements of paragraph (c).
6 (e) In addition to the purse requirements of
7 paragraphs (a)-(c), each greyhound permitholder shall pay as
8 purses an amount equal to one-third of the amount of the tax
9 reduction on live and simulcast handle applicable to such
10 permitholder as a result of the reductions in tax rates
11 provided by this act through the amendments to s. 550.0951(3).
12 With respect to intertrack wagering when the host and guest
13 tracks are greyhound permitholders not within the same market
14 area, an amount equal to the tax reduction applicable to the
15 guest track handle as a result of the reduction in tax rate
16 provided by this act through the amendment to s. 550.0951(3)
17 shall be distributed to the guest track, one-third of which
18 amount shall be paid as purses at the guest track. However, if
19 the guest track is a greyhound permitholder within the market
20 area of the host or if the guest track is not a greyhound
21 permitholder, an amount equal to such tax reduction applicable
22 to the guest track handle shall be retained by the host track,
23 one-third of which amount shall be paid as purses at the host
24 track. These purse funds shall be disbursed in the week
25 received if the permitholder conducts at least one live
26 performance during that week. If the permitholder does not
27 conduct at least one live performance during the week in which
28 the purse funds are received, the purse funds shall be
29 disbursed weekly during the permitholder's next race meet in
30 an amount determined by dividing the purse amount by the
31 number of performances approved for the permitholder pursuant
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 to its annual license, and multiplying that amount by the
2 number of performances conducted each week. The division shall
3 conduct audits necessary to ensure compliance with this
4 paragraph.
5 (f)(e) Each greyhound permitholder shall, during the
6 permitholder's race meet, supply kennel operators and the
7 Division of Pari-Mutuel Wagering with a weekly report showing
8 purses paid on live greyhound races and all greyhound
9 intertrack and simulcast broadcasts, including both as a guest
10 and a host together with the handle or commission calculations
11 on which such purses were paid and the transmission costs of
12 sending the simulcast or intertrack broadcasts, so that the
13 kennel operators may determine statutory and contractual
14 compliance.
15 (g)(f) Each greyhound permitholder shall make direct
16 payment of purses to the greyhound owners who have filed with
17 such permitholder appropriate federal taxpayer identification
18 information based on the percentage amount agreed upon between
19 the kennel operator and the greyhound owner.
20 (h)(g) At the request of a majority of kennel
21 operators under contract with a greyhound permitholder, the
22 permitholder shall make deductions from purses paid to each
23 kennel operator electing such deduction and shall make a
24 direct payment of such deductions to the local association of
25 greyhound kennel operators formed by a majority of kennel
26 operators under contract with the permitholder. The amount of
27 the deduction shall be at least 1 percent of purses, as
28 determined by the local association of greyhound kennel
29 operators. No deductions may be taken pursuant to this
30 paragraph without a kennel operator's specific approval before
31 or after the effective date of this act.
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Amendment No. ___
1 (3) For the purpose of this section, the term "live
2 handle" means the handle from wagers placed at the
3 permitholder's establishment on the live greyhound races
4 conducted at the permitholder's establishment.
5 Section 9. Subsections (2), (5), and (6) of section
6 550.09515, Florida Statutes, are amended, and subsection (7)
7 is added to that section, to read:
8 550.09515 Thoroughbred horse taxes; abandoned interest
9 in a permit for nonpayment of taxes.--
10 (2)
11 (a) Notwithstanding the provisions of s.
12 550.0951(3)(a), the tax on handle for live thoroughbred
13 horserace horse performances shall be subject to the
14 following:
15 1. The tax on handle per performance for live
16 thoroughbred performances is 0.5 2.0 percent of handle for
17 performances conducted during the period beginning on January
18 3 and ending March 16; 0.2 .20 percent of handle for
19 performances conducted during the period beginning March 17
20 and ending May 22; and 0.5 1.25 percent of handle for
21 performances conducted during the period beginning May 23 and
22 ending January 2.
23 2. If any thoroughbred permitholder conducts
24 performances during more than one time period or if
25 performances are conducted during more than one period at any
26 facility, the tax on handle per performance is double the sum
27 of the tax percentages for the periods in which performances
28 are being conducted, except:
29 a. Pursuant to s. 550.01215, two permitholders, by
30 mutual written agreement, may agree to the operation by one of
31 them in the other permitholder's tax period for up to 3 days,
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Amendment No. ___
1 if the 3 days are either the first 3 days or the last 3 days
2 of the racing period in which the permitholders intend to
3 operate.
4 b. If, on March 31 of any year, there is no
5 permitholder holding a license for operating any one of the
6 three race periods set forth in this section or if the
7 permitholder who is licensed to operate in any period fails to
8 operate for 10 consecutive days, a permitholder already
9 licensed to operate in another period may apply for and be
10 issued a license to operate the period in question, in
11 addition to the period already licensed.
12 c. Two permitholders who operated in different periods
13 in the preceding fiscal year may, by mutual written agreement,
14 switch periods for the current racing season, even if it
15 results in either permitholder or the facility of a
16 permitholder being operated in two different periods.
17
18 However, any thoroughbred permitholder whose total handle on
19 live performances during the 1991-1992 state fiscal year was
20 not greater than $34 million is authorized to conduct live
21 performances at any time of the year and shall pay 0.5 percent
22 on live handle per performance.
23 3. For the period beginning on April 1 and ending May
24 23 during the state fiscal year 1992-1993, any permitholder
25 which has operated less than 51 racing days in the last 18
26 months may operate said period and pay 1.25 percent tax on
27 live handle per performance. In the event this provision
28 takes effect after April 1, 1993, it shall be construed to
29 apply retroactively from April 1, 1993, through May 23, 1993.
30 4. In the event any licenses have been issued to any
31 thoroughbred permitholders for racing dates prior to April 26,
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Amendment No. ___
1 1993, then, notwithstanding the provisions of s. 550.525(2),
2 amendments may be filed to the racing dates up to May 1, 1993.
3 (b) For purposes of this section, the term "handle"
4 shall have the same meaning as in s. 550.0951, and shall not
5 include handle from intertrack wagering.
6 (5) Notwithstanding the provisions of s.
7 550.0951(3)(c), the tax on handle for intertrack wagering on
8 rebroadcasts of simulcast horseraces is 2.4 percent of the
9 handle; provided however, that if the guest track is a
10 throughbred track located more than 35 miles from the host
11 track, the host track shall pay a tax of .5 percent of the
12 handle, and additionally the host track shall pay to the guest
13 track 1.9 percent of the handle to be used by the guest track
14 solely for purses. The tax shall be deposited into the
15 Pari-mutuel Wagering Trust General Revenue Fund.
16 (6) Notwithstanding the provisions of s.
17 550.0951(3)(c), the tax on handle is 0.2 percent for
18 intertrack wagering and for intertrack wagering on
19 rebroadcasts of simulcast horseraces for a thoroughbred
20 permitholder that conducts performances during the period
21 beginning March 17 and ending May 22. This subsection applies
22 only to thoroughbred permitholders located in any area of the
23 state where there are three or more thoroughbred permitholders
24 within 25 miles of each other. The tax shall be deposited
25 into the Pari-mutuel Wagering Trust General Revenue Fund.
26 Effective July 1, 2001, this subsection is repealed.
27 (7) A credit equal to the amount of contributions made
28 by a thoroughbred permitholder during the taxable year
29 directly to the Jockeys' Guild or its health and welfare fund
30 to be used to provide health and welfare benefits for active,
31 disabled, and retired Florida jockeys and their dependents
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Amendment No. ___
1 pursuant to reasonable rules of eligibility established by the
2 Jockeys' Guild is allowed against taxes on live handle due for
3 a taxable year under this section. A thoroughbred permitholder
4 may not receive a credit greater than an amount equal to 1
5 percent of its paid taxes for the previous taxable year.
6 Section 10. Effective July 1, 2001, paragraph (a) of
7 subsection (2) of section 550.09515, Florida Statutes, as
8 amended by section 4 of chapter 98-190, Laws of Florida, is
9 reenacted to read:
10 550.09515 Thoroughbred horse taxes; abandoned interest
11 in a permit for nonpayment of taxes.--
12 (2)(a) Notwithstanding the provisions of s.
13 550.0951(3)(a), The tax on handle for live thoroughbred
14 horserace horse performances shall be 0.5 percent. subject to
15 the following:
16 1. The tax on handle per performance for live
17 thoroughbred performances is 2.25 percent of handle for
18 performances conducted during the period beginning on January
19 3 and ending March 16; .70 percent of handle for performances
20 conducted during the period beginning March 17 and ending May
21 22; and 1.5 percent of handle for performances conducted
22 during the period beginning May 23 and ending January 2.
23 2. However, any thoroughbred permitholder whose total
24 handle on live performances during the 1991-1992 state fiscal
25 year was not greater than $34 million is authorized to conduct
26 live performances at any time of the year and shall pay 0.5
27 percent on live handle per performance.
28 Section 11. Section 550.1645, Florida Statutes, is
29 amended to read:
30 550.1645 Escheat to state of abandoned interest in or
31 contribution to pari-mutuel pools.--
21
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 (1) It is the public policy of the state, while
2 protecting the interest of the owners, to possess all
3 unclaimed and abandoned interest in or contribution to certain
4 any pari-mutuel pools pool conducted in this state under this
5 chapter, for the benefit of all the people of the state; and
6 this law shall be liberally construed to accomplish such
7 purpose.
8 (2) Except as otherwise provided in this chapter, all
9 money or other property represented by any unclaimed,
10 uncashed, or abandoned pari-mutuel ticket which has remained
11 in the custody of or under the control of any licensee
12 authorized to conduct pari-mutuel pools in this state for a
13 period of 1 year after the date the pari-mutuel ticket was
14 issued, if the rightful owner or owners thereof have made no
15 claim or demand for such money or other property within the
16 aforesaid period of time, is hereby declared to have escheated
17 to or to escheat to, and to have become the property of, the
18 state.
19 (3) All money or other property that has escheated to
20 and become the property of the state as provided herein, and
21 which is held by such licensee authorized to conduct
22 pari-mutuel pools in this state, shall be paid by such
23 licensee to the Treasurer annually within 60 days after the
24 close of the race meeting of the licensee. Such moneys so
25 paid by the licensee to the Treasurer shall be deposited in
26 the State School Fund to be used for the support and
27 maintenance of public free schools as required by s. 6, Art.
28 IX of the State Constitution.
29 Section 12. Section 550.1647, Florida Statutes, is
30 created to read:
31 550.1647 Greyhound permitholders; unclaimed tickets;
22
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 breaks.--All money or other property represented by any
2 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
3 remained in the custody of or under the control of any
4 permitholder authorized to conduct greyhound racing
5 pari-mutuel pools in this state for a period of 1 year after
6 the date the pari-mutuel ticket was issued, if the rightful
7 owner or owners thereof have made no claim or demand for such
8 money or other property within that period of time, shall,
9 with respect to live races conducted by the permitholder, be
10 remitted to the state pursuant to s. 550.1645; however, such
11 permitholder shall be entitled to a credit in each state
12 fiscal year in an amount equal to the actual amount remitted
13 in the prior state fiscal year which may be applied against
14 any taxes imposed pursuant to this chapter. In addition, each
15 permitholder shall pay, from any source, including the
16 proceeds from performances conducted pursuant to s. 550.0351,
17 an amount not less than 10 percent of the amount of the credit
18 provided by this section to any bonafide organization that
19 promotes or encourages the adoption of greyhounds.
20 Section 13. Section 550.615, Florida Statutes, is
21 amended to read:
22 550.615 Intertrack wagering.--
23 (1) Any horserace permitholder licensed under this
24 chapter which has conducted a full schedule of live racing
25 may, at any time, receive broadcasts of horseraces and accept
26 wagers on horseraces conducted by horserace permitholders
27 licensed under this chapter at its facility.
28 (2) Any track or fronton licensed under this chapter
29 which in the preceding year conducted a full schedule of live
30 racing is qualified to, at any time, receive broadcasts of any
31 class of pari-mutuel race or game and accept wagers on such
23
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 races or games conducted by any class of permitholders
2 licensed under this chapter.
3 (3) If a permitholder elects to broadcast its signal
4 to any permitholder in this state, any permitholder that is
5 eligible to conduct intertrack wagering under the provisions
6 of ss. 550.615-550.6345 is entitled to receive the broadcast
7 and conduct intertrack wagering under this section; provided,
8 however, that the host track may require a guest track within
9 25 miles of another permitholder to receive in any week at
10 least 60 percent of the live races that the host track is
11 making available on the days that the guest track is otherwise
12 operating live races or games. A host track may require a
13 guest track not operating live races or games and within 25
14 miles of another permitholder to accept within any week at
15 least 60 percent of the live races that the host track is
16 making available. A person may not restrain or attempt to
17 restrain any permitholder that is otherwise authorized to
18 conduct intertrack wagering from receiving the signal of any
19 other permitholder or sending its signal to any permitholder.
20 (4) In no event shall any intertrack wager be accepted
21 on the same class of live races or games of any permitholder
22 without the written consent of such operating permitholders
23 conducting the same class of live races or games if the guest
24 track is within the market area of such operating
25 permitholder.
26 (5) No permitholder within the market area of the host
27 track shall take an intertrack wager on the host track without
28 the consent of the host track.
29 (6) Notwithstanding the provisions of subsection (3),
30 in any area of the state where there are three or more
31 horserace permitholders within 25 miles of each other,
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 intertrack wagering between permitholders in said area of the
2 state shall only be authorized under the following conditions:
3 Any permitholder, other than a thoroughbred permitholder, may
4 accept intertrack wagers on races or games conducted live by a
5 permitholder of the same class or any harness permitholder
6 located within such area and any harness permitholder may
7 accept wagers on games conducted live by any jai alai
8 permitholder located within its market area and from a jai
9 alai permitholder located within the area specified in this
10 subsection when no jai alai permitholder located within its
11 market area is conducting live jai alai performances; any
12 greyhound or jai alai permitholder may receive broadcasts of
13 and accept wagers on any permitholder of the other class
14 provided that a permitholder, other than the host track, of
15 such other class is not operating a contemporaneous live
16 performance within the market area.
17 (7) In any county of the state where there are only
18 two permits, one for dogracing and one for jai alai, no
19 intertrack wager may be taken during the period of time when a
20 permitholder is not licensed to conduct live races or games
21 without the written consent of the other permitholder that is
22 conducting live races or games. However, if neither
23 permitholder is conducting live races or games, either
24 permitholder may accept intertrack wagers on horseraces or on
25 the same class of races or games, or on both horseraces and
26 the same class of races or games as is authorized by its
27 permit.
28 (8) In any three contiguous counties of the state
29 where there are only three permitholders, all of which are
30 greyhound permitholders, if any permitholder leases the
31 facility of another permitholder for all or any portion of the
25
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 conduct of its live race meet pursuant to s. 550.475, such
2 lessee may conduct intertrack wagering at its pre-lease
3 permitted facility throughout the entire year, including while
4 its live meet is being conducted at the leased facility, if
5 such permitholder has conducted a full schedule of live racing
6 during the preceding fiscal year at its pre-lease permitted
7 facility or at a leased facility, or combination thereof.
8 (9)(8) In any two contiguous counties of the state in
9 which there are located only four active permits, one for
10 thoroughbred horse racing, two for greyhound dogracing, and
11 one for jai alai games, no intertrack wager may be accepted on
12 the same class of live races or games of any permitholder
13 without the written consent of such operating permitholders
14 conducting the same class of live races or games if the guest
15 track is within the market area of such operating
16 permitholder.
17 (10)(9)(a) Upon application to the division on or
18 before January 31 of each year, any quarter horse permitholder
19 that has conducted at least 15 days of thoroughbred horse
20 sales at a permanent sales facility for at least 3 consecutive
21 years, and conducted at least one day of nonwagering
22 thoroughbred racing, with a purse structure of at least
23 $250,000 per year for 2 consecutive years prior to such
24 application, shall be issued a license to conduct intertrack
25 wagering for thoroughbred racing for up to 21 days in
26 connection with thoroughbred sales, to conduct intertrack
27 wagering at such permanent sales facility between November 1
28 and May 8 of the following year, to conduct intertrack
29 wagering at such permanent sales facility between May 9 and
30 October 31 at such times and on such days as any jai alai
31 permitholder in the same county is not conducting live
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 performances, and to conduct intertrack wagering under the
2 provisions of this subsection during the weekend of the
3 Kentucky Derby, the Preakness, the Belmont, and a Breeders'
4 Cup Meet that is conducted before November 1 and after May 8,
5 subject to conditions set forth in this subsection, provided
6 that no more than one such license may be issued.
7 (b) If more than one permitholder applies, the
8 division shall determine which permitholder shall be granted
9 the license. In making its determination, the division shall
10 consider the length of time the permitholder has been
11 conducting thoroughbred horse sales in this state, the length
12 of time the applicant has had a permanent location in this
13 state, and the volume of sales of thoroughbred horses in this
14 state, giving the greater weight to the applicant that meets
15 these criteria.
16 (c) The applicant must comply with the provisions of
17 ss. 550.125 and 550.1815.
18 (d) Intertrack wagering under this subsection may not
19 be conducted within 50 miles of any greyhound racetrack that
20 conducted a full schedule of live racing prior to June 1,
21 1990.
22 (e) For each year such quarter horse permitholder must
23 obtain the license set forth in paragraph (a), any provisions
24 relating to suspension or revocation of a quarter horse permit
25 for failure to conduct live quarter horse racing do not apply.
26 (f) Intertrack wagering under this subsection may only
27 be conducted on thoroughbred horse racing, and intertrack
28 wagering under this subsection may not be conducted on evening
29 performances.
30 (11)(10) All costs of receiving the transmission of
31 the broadcasts shall be borne by the guest track; and all
27
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Amendment No. ___
1 costs of sending the broadcasts shall be borne by the host
2 track.
3 (12)(11) Notwithstanding any other provision of this
4 section, any thoroughbred permitholder that conducts
5 performances during the period beginning May 23 and ending
6 January 2 must make available any live pari-mutuel event
7 conducted and any simulcast pari-mutuel event received by such
8 permitholder to any thoroughbred permitholder that conducts
9 performances during the period beginning March 17 and ending
10 May 22, and such guest permitholder is authorized to accept
11 wagers on such signals. Notwithstanding s. 550.0951(3)(c),
12 the tax on wagers accepted by the guest permitholder on such
13 events shall be 2 percent, but such amount shall be retained
14 by the host track as compensation for lost revenues and
15 purses. At least 50 percent of the amount retained shall be
16 paid as purses at the host track. This subsection applies only
17 to thoroughbred permitholders located in any area of the state
18 where there are three or more thoroughbred permitholders
19 within 25 miles of each other.
20 Section 14. Subsection (2) of section 550.0555,
21 Florida Statutes, is amended to read:
22 550.0555 Greyhound dogracing permits; relocation
23 within a county; conditions.--
24 (2) Any holder of a valid outstanding permit for
25 greyhound dogracing in a county in which there is only one
26 dogracing permit issued, as well as any holder of a valid
27 outstanding permit for jai alai in a county where only one jai
28 alai permit is issued, is authorized, without the necessity of
29 an additional county referendum required under s. 550.0651, to
30 move the location for which the permit has been issued to
31 another location within a 30-mile radius of the location fixed
28
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 in the permit issued in that county, provided the move does
2 not cross the county boundary, that such relocation is
3 approved under the zoning regulations of the county or
4 municipality in which the permit is to be located as a planned
5 development use, consistent with the comprehensive plan, and
6 that such move is approved by the department after it is
7 determined at a proceeding pursuant to chapter 120 in the
8 county affected that the move is necessary to ensure the
9 revenue-producing capability of the permittee without
10 deteriorating the revenue-producing capability of any other
11 pari-mutuel permittee within 50 miles; the distance shall be
12 measured on a straight line from the nearest property line of
13 one racing plant or jai alai fronton to the nearest property
14 line of the other.
15 Section 15. Paragraph (a) of subsection (2) of section
16 550.09512, Florida Statutes, is amended to read:
17 550.09512 Harness horse taxes; abandoned interest in a
18 permit for nonpayment of taxes.--
19 (2)(a) Notwithstanding the provisions of s.
20 550.0951(3)(a), The tax on handle for live harness horse
21 performances is 0.5 1 percent of handle per performance.
22 Section 16. Section 550.475, Florida Statutes, is
23 amended to read:
24 550.475 Lease of pari-mutuel facilities by pari-mutuel
25 permitholders.--Holders of valid pari-mutuel permits for the
26 conduct of any jai alai games, dogracing, or thoroughbred and
27 standardbred horse racing in this state are shall be entitled
28 to lease any and all of their facilities to any other holder
29 of a same class valid pari-mutuel permit for jai alai games,
30 dogracing, or thoroughbred or standardbred horse racing, when
31 located within a 35-mile radius of each other; and such lessee
29
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 is shall be entitled to a permit and license to operate its
2 race meet or jai-alai games at the leased premises.
3 Section 17. Subsection (1) of section 550.625, Florida
4 Statutes, is amended to read:
5 550.625 Intertrack wagering; purses; breeders'
6 awards.--If a host track is a horse track:
7 (1) A host track racing under either a thoroughbred or
8 quarter horse permit shall pay an amount equal to 7.0 6.125
9 percent of all wagers placed pursuant to the provisions of s.
10 550.615, as purses during its current race meet. However, up
11 to 0.50 percent of all wagers placed pursuant to s. 550.615
12 may, at the option of the host track, be deducted from the
13 amount retained by the host track for purses to supplement the
14 awards program for owners of Florida-bred horses as set forth
15 in s. 550.2625(6). A host track racing under a harness permit
16 shall pay an amount equal to 7 percent of all wagers placed
17 pursuant to the provisions of s. 550.615, as purses during its
18 current race meet. If a host track underpays or overpays
19 purses required by this section and s. 550.2625, the
20 provisions of s. 550.2625 apply to the overpayment or
21 underpayment.
22 Section 18. Subsection (2) of section 550.155, Florida
23 Statutes, is amended to read:
24 550.155 Pari-mutuel pool within track enclosure;
25 takeouts; breaks; penalty for purchasing part of a pari-mutuel
26 pool for or through another in specified circumstances.--
27 (2) The permitholder's share of the takeout is that
28 portion of the takeout that remains after the pari-mutuel tax
29 imposed upon the contributions to the pari-mutuel pool is
30 deducted from the takeout and paid by the permitholder. The
31 takeout is deducted from all pari-mutuel pools but may be
30
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 different depending on the type of pari-mutuel pool. The
2 permitholder shall inform the patrons, either through the
3 official program or via the posting of signs at conspicuous
4 locations, as to the takeout currently being applied to handle
5 at the facility. A capital improvement proposed by a
6 permitholder licensed under this chapter to a pari-mutuel
7 facility existing on June 23, 1981, which capital improvement
8 requires, pursuant to any municipal or county ordinance,
9 resolution, or regulation, the qualification or approval of
10 the municipality or county wherein the permitholder conducts
11 its business operations, shall receive approval unless the
12 municipality or county is able to show that the proposed
13 improvement presents a justifiable and immediate hazard to the
14 health and safety of municipal or county residents, provided
15 the permitholder pays to the municipality or county the cost
16 of a building permit and provided the capital improvement
17 meets the following criteria:
18 (a) The improvement does not qualify as a development
19 of regional impact as defined in s. 380.06; and
20 (b) The improvement is contiguous to or within the
21 existing pari-mutuel facility site. To be contiguous, the
22 site of the improvement must share a sufficient common
23 boundary with the present pari-mutuel facility to allow full
24 and free access without crossing a public roadway, public
25 waterway, or similar barrier.
26 Section 19. Subsections (3), (5), (6), (8), and (10)
27 of section 550.26352, Florida Statutes, are amended to read:
28 550.26352 Breeders' Cup Meet; pools authorized;
29 conflicts; taxes; credits; transmission of races; rules;
30 application.--
31 (3) If the permitholder conducting the Breeders' Cup
31
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Meet is located within 35 miles of one or more permitholders
2 scheduled to conduct a thoroughbred race meet on any of the 3
3 days of the Breeders' Cup Meet, then operation on any of those
4 3 days by the other permitholders is prohibited. As
5 compensation for the loss of racing days caused thereby, such
6 operating permitholders shall receive a credit against the
7 taxes otherwise due and payable to the state under ss.
8 550.0951 and 550.09515. This credit shall be in an amount
9 equal to the operating loss determined to have been suffered
10 by the operating permitholders as a result of not operating on
11 the prohibited racing days, but shall not exceed a total of
12 $950,000 $500,000. The determination of the amount to be
13 credited shall be made by the division upon application by the
14 operating permitholder. The tax credits provided in this
15 subsection shall not be available unless an operating
16 permitholder is required to close a bona fide meet consisting
17 in part of no fewer than 10 scheduled performances in the 15
18 days immediately preceding or 10 scheduled performances in the
19 15 days immediately following the Breeders' Cup Meet. Such
20 tax credit shall be in lieu of any other compensation or
21 consideration for the loss of racing days. There shall be no
22 replacement or makeup of any lost racing days.
23 (5) The permitholder conducting the Breeders' Cup Meet
24 shall receive a credit against the taxes otherwise due and
25 payable to the state under ss. 550.0951 and 550.09515
26 generated during said permitholder's next ensuing regular
27 thoroughbred race meet. This credit shall be in an amount not
28 to exceed $950,000 $800,000 and shall be utilized by the
29 permitholder to pay the purses offered by the permitholder
30 during the Breeders' Cup Meet in excess of the purses which
31 the permitholder is otherwise required by law to pay. The
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 amount to be credited shall be determined by the division upon
2 application of the permitholder which is subject to audit by
3 the division.
4 (6) The permitholder conducting the Breeders' Cup Meet
5 shall receive a credit against the taxes otherwise due and
6 payable to the state under ss. 550.0951 and 550.09515
7 generated during said permitholder's next ensuing regular
8 thoroughbred race meet. This credit shall be in an amount not
9 to exceed $950,000 $800,000 and shall be utilized by the
10 permitholder for such capital improvements and extraordinary
11 expenses as may be necessary for operation of the Breeders'
12 Cup Meet. The amount to be credited shall be determined by
13 the division upon application of the permitholder which is
14 subject to audit by the division.
15 (8)(a) Pursuant to s. 550.3551(2), the permitholder
16 conducting the Breeders' Cup Meet is authorized to transmit
17 broadcasts of the races conducted during the Breeders' Cup
18 Meet to locations outside of this state for wagering purposes.
19 The division may approve broadcasts to pari-mutuel
20 permitholders and other betting systems authorized under the
21 laws of any other state or country. Wagers accepted by any
22 out-of-state pari-mutuel permitholder or betting system on any
23 races broadcast under this section may be, but are not
24 required to be, commingled with the pari-mutuel pools of the
25 permitholder conducting the Breeders' Cup Meet. The
26 calculation of any payoff on national pari-mutuel pools with
27 commingled wagers may be performed by the permitholder's
28 totalisator contractor at a location outside of this state.
29 Pool amounts from wagers placed at pari-mutuel facilities or
30 other betting systems in foreign countries before being
31 commingled with the pari-mutuel pool of the Florida
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 permitholder conducting the Breeders' Cup Meet shall be
2 calculated by the totalisator contractor and transferred to
3 the commingled pool in United States currency in cycles
4 customarily used by the permitholder. Pool amounts from wagers
5 placed at any foreign pari-mutuel facility or other betting
6 system shall not be commingled with a Florida pool until a
7 determination is made by the division that the technology
8 utilized by the totalisator contractor is adequate to assure
9 commingled pools will result in the calculation of accurate
10 payoffs to Florida bettors. Any totalisator contractor at a
11 location outside of this state shall comply with the
12 provisions of s. 550.495 relating to totalisator licensing.
13 (b) The permitholder conducting the Breeders' Cup Meet
14 is authorized to transmit broadcasts of the races conducted
15 during the Breeders' Cup Meet to other pari-mutuel facilities
16 located in this state for wagering purposes; however, the
17 permitholder conducting the Breeders' Cup Meet shall not be
18 required to transmit broadcasts to any pari-mutuel facility
19 located within 25 miles of the facility at which the Breeders'
20 Cup Meet is conducted and, further, shall not transmit
21 broadcasts to any pari-mutuel facility located within 25 miles
22 of the facility at which the Breeders' Cup Meet is conducted
23 without the consent of all operating permitholders in the
24 market area. Wagers accepted by all pari-mutuel facilities
25 located in the state on any races broadcast under this section
26 shall be included in the pari-mutuel pools of the permitholder
27 conducting the Breeders' Cup Meet.
28 (10) The division is authorized to adopt such rules as
29 are necessary to facilitate the conduct of the Breeders' Cup
30 Meet as authorized in this section. Included within this
31 grant of authority shall be the adoption or waiver of rules
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 regarding the overall conduct of racing during the Breeders'
2 Cup Meet so as to ensure the integrity of the races, licensing
3 for all participants, special stabling and training
4 requirements for foreign horses, commingling of pari-mutuel
5 pools, and audit requirements for tax credits and other
6 benefits.
7 Section 20. Paragraph (a) of subsection (9) of section
8 550.6305, Florida Statutes, is amended to read:
9 550.6305 Intertrack wagering; guest track payments;
10 accounting rules.--
11 (9) A host track that has contracted with an
12 out-of-state horse track to broadcast live races conducted at
13 such out-of-state horse track pursuant to s. 550.3551(5) may
14 broadcast such out-of-state races to any guest track and
15 accept wagers thereon in the same manner as is provided in s.
16 550.3551.
17 (a) For purposes of this section, "net proceeds" means
18 the amount of takeout remaining after the payment of state
19 taxes, purses required pursuant to s. 550.0951(3)(c)1., the
20 cost to the permitholder required to be paid to the
21 out-of-state horse track, breeders' awards paid to the Florida
22 Thoroughbred Breeders' Association and the Florida
23 Standardbred Breeders and Owners Association, to be used as
24 set forth in s. 550.625(2)(a) and (b), and the deduction of
25 any amount retained pursuant to s. 550.615(12)(11).
26 Section 21. Subsection (31) of section 550.002,
27 Florida Statutes, is amended to read:
28 550.002 Definitions.--As used in this chapter, the
29 term:
30 (31) "Same class of races, games, race or permit"
31 means, with respect to a jai alai permitholder, jai alai games
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 or other jai alai permitholders; with respect to a greyhound
2 permitholder, greyhound races or other greyhound
3 permitholders; with respect to a thoroughbred permitholder,
4 thoroughbred races or other thoroughbred permitholders; with
5 respect to a harness permitholder, harness races or other
6 harness permitholders; with respect to a quarter horse
7 permitholder, quarter horse races or other quarter horse
8 permitholders.
9 Section 22. Subsections (8) and (9) of section
10 550.0351, Florida Statutes, are amended to read:
11 550.0351 Charity racing days.--
12 (8) In addition to the eligible charities that meet
13 the criteria set forth in this section, a jai alai
14 permitholder is authorized to conduct two one additional
15 charity performances performance each fiscal year for a fund
16 to benefit retired jai alai players. This performance shall
17 be known as the "Retired Jai Alai Players Charity Day." The
18 administration of this fund shall be determined by rule by the
19 division.
20 (9) Notwithstanding the limitations set forth in
21 subsection (8), any jai alai permitholder who has not
22 conducted one "Retired Jai Alai Players Charity Day"
23 performance per year since the 1992-1993 fiscal year is
24 authorized to conduct up to two performances per fiscal year
25 until the time when the total number of such performances is
26 equivalent to the total number of fiscal years. This
27 subsection shall be repealed on July 1, 2000.
28 Section 23. Section 550.105, Florida Statutes, is
29 amended to read:
30 550.105 Occupational licenses of racetrack employees;
31 fees; denial, suspension, and revocation of license; penalties
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 and fines.--
2 (1) Each person connected with a racetrack or jai alai
3 fronton, as specified in paragraph (2)(a), shall purchase from
4 the division an annual occupational license, which license is
5 valid from May 1 until June 30 of the following year. All
6 moneys collected pursuant to this section each fiscal year
7 shall be deposited into the Pari-mutuel Wagering Trust Fund.
8 If the division determines that it is in the best interest of
9 the division and persons connected with racetracks, the
10 division may issue a license valid for one season at one
11 racetrack but may not make that determination apply to any
12 person who objects to such determination. In any event, the
13 season license fee must be equal to the annual occupational
14 license fee. Any person may, at her or his option and
15 pursuant to the rules adopted by the division, purchase an
16 occupational license valid for a period of 3 years if the
17 purchaser of the license pays the full occupational license
18 fee for each of the years for which the license is purchased
19 at the time the 3-year license is requested. The occupational
20 license shall be valid during its specified term at any
21 pari-mutuel facility.
22 (2)(a) The following Unrestricted licenses shall be
23 issued to persons or entities with access to the backside,
24 racing animals, jai alai players' room, jockeys' room,
25 drivers' room, totalisator room, the mutuels, or money room,
26 or to persons who, by virtue of the position they hold, might
27 be granted access to these areas or to any other person or
28 entity in one of the following categories and with scheduled
29 annual fees as follows:.
30 1. Business licenses: any business such as a vendor,
31 contractual concessionaire, contract kennel, business owning
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 racing animals, trust or estate, totalisator company, stable
2 name, or other fictitious name: $50.
3 2. Professional occupational licenses: professional
4 persons with access to the backside of a racetrack or players'
5 quarters in jai alai such as trainers, officials,
6 veterinarians, doctors, nurses, EMT's, jockeys and
7 apprentices, drivers, jai alai players, owners, trustees, or
8 any management or officer or director or shareholder or any
9 other professional-level person who might have access to the
10 jockeys' room, the drivers' room, the backside, racing
11 animals, kennel compound, or managers or supervisors requiring
12 access to mutuels machines, the money room, or totalisator
13 equipment: $40.
14 3. General occupational licenses: general employees
15 with access to the jockeys' room, the drivers' room, racing
16 animals, the backside of a racetrack or players' quarters in
17 jai alai, such as grooms, kennel helpers, leadouts, pelota
18 makers, cesta makers, or ball boys, or a practitioner of any
19 other occupation who would have access to the animals, the
20 backside, or the kennel compound, or who would provide the
21 security or maintenance of these areas, or mutuel employees,
22 totalisator employees, money-room employees, or any employee
23 with access to mutuels machines, the money room, or
24 totalisator equipment or who would provide the security or
25 maintenance of these areas: $10.
26
27 The individuals and entities that are licensed under this
28 paragraph Persons issued an unrestricted license require
29 heightened the most state scrutiny, including the submission
30 by the individual licensees or persons associated with the
31 entities described in this chapter of fingerprints for a
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Federal Bureau of Investigation criminal records check.
2 (b) Restricted licenses shall be issued to persons
3 without access to the backside, racing animals, jai alai
4 players' room, jockeys' room, drivers' room, totalisator room,
5 the mutuels, or money room. Persons issued a restricted
6 license require the less state scrutiny and will not require
7 routine criminal records check. The division may require
8 persons issued the restricted license to submit fingerprints
9 for a criminal records check as needed for investigations.
10 (b)(c) The division shall adopt promulgate rules
11 pertaining to pari-mutuel regarding unrestricted and
12 restricted occupational licenses.
13 (d) Pari-mutuel occupational licenses shall be issued
14 in the categories and with scheduled annual fees as follows:
15 1. Business licenses: any business such as vendors,
16 contractual concessionaires, contract kennels, businesses
17 owning racing animals, trusts or estates, totalisator
18 companies, stable names, or other fictitious names: $50.
19 2. Unrestricted licenses: professional persons with
20 access to the backside of a racetrack or players' quarters in
21 jai alai such as trainers, officials, veterinarians, doctors,
22 nurses, EMT's, jockeys and apprentices, drivers, jai alai
23 players, owners, trustees, or any management or officer or
24 director or shareholder or any other professional level person
25 who might have access to the jockeys' room, drivers' room, the
26 backside, racing animals, or kennel compound: $40.
27 3. Unrestricted licenses: general employees with
28 access to the jockeys' room, drivers' room, racing animals,
29 the backside of a racetrack or players' quarters in jai alai
30 such as grooms, kennel helpers, leadouts, pelota makers, cesta
31 makers, ball boys, vendor representatives, or any other
39
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 occupation who would have access to the animals, the backside,
2 or the kennel compound, or the security or maintenance of
3 these areas: $10.
4 4. Unrestricted licenses: managers or supervisors
5 requiring access to mutuels machines, the money room, or
6 totalisator equipment but not requiring access to the
7 backside: $40.
8 5. Unrestricted licenses: mutuel employees,
9 totalisator employees, money room employees, and any employee
10 with access to mutuels machines, the money room, or
11 totalisator equipment or the security or maintenance of these
12 areas: $10.
13 6. Restricted licenses: managers, supervisors, and
14 other professionals who do not require access to the jockeys'
15 room, drivers' room, racing animals, the backside, the kennel
16 compound, mutuels areas, or money room or totalisator
17 equipment: $40.
18 7. Restricted licenses: general employees or
19 occupations which do not require access to the jockeys' room,
20 drivers' room, racing animals, the backside, kennel compound,
21 mutuels areas, money room, or totalisator equipment: $10.
22 (3) Certified public accountants and attorneys
23 licensed to practice in this state shall not be required to
24 hold an occupational license under this section while
25 providing accounting or legal services to a permitholder if
26 the certified public accountant's or attorney's primary place
27 of employment is not on the permitholder premises.
28 (4)(3) It is unlawful for any person to take part in
29 or officiate in any way or to serve in any capacity at any
30 pari-mutuel facility without first having secured a license
31 and paid the occupational license fee.
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 (5)(4)(a) The division may:
2 1. Deny a license to or revoke, suspend, or place
3 conditions upon or restrictions on a license of any person who
4 has been refused a license by any other state racing
5 commission or racing authority;
6 2. Deny, suspend, or place conditions on a license of
7 any person who is under suspension or has unpaid fines in
8 another jurisdiction;
9
10 if the state racing commission or racing authority of such
11 other state or jurisdiction extends to the division reciprocal
12 courtesy to maintain the disciplinary control.
13 (b) The division may deny, suspend, revoke, or declare
14 ineligible any occupational license if the applicant for or
15 holder thereof has violated the provisions of this chapter or
16 the rules of the division governing the conduct of persons
17 connected with racetracks and frontons. In addition, the
18 division may deny, suspend, revoke, or declare ineligible any
19 occupational license if the applicant for such license has
20 been convicted in this state, in any other state, or under the
21 laws of the United States of a capital felony, a felony, or an
22 offense in any other state which would be a felony under the
23 laws of this state involving arson; trafficking in, conspiracy
24 to traffic in, smuggling, importing, conspiracy to smuggle or
25 import, or delivery, sale, or distribution of a controlled
26 substance; or a crime involving a lack of good moral
27 character, or has had a pari-mutuel license revoked by this
28 state or any other jurisdiction for an offense related to
29 pari-mutuel wagering.
30 (c) The division may deny, declare ineligible, or
31 revoke any occupational license if the applicant for such
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 license has been convicted of a felony or misdemeanor in this
2 state, in any other state, or under the laws of the United
3 States, if such felony or misdemeanor is related to gambling
4 or bookmaking, as contemplated in s. 849.25, or involves
5 cruelty to animals. If the applicant establishes that she or
6 he is of good moral character, that she or he has been
7 rehabilitated, and that the crime she or he was convicted of
8 is not related to pari-mutuel wagering and is not a capital
9 offense, the restrictions excluding offenders may be waived by
10 the director of the division.
11 (d) If an occupational license will expire by division
12 rule during the period of a suspension the division intends to
13 impose, or if a license would have expired but for pending
14 administrative charges and the occupational licensee is found
15 to be in violation of any of the charges, the license may be
16 revoked and a time period of license ineligibility may be
17 declared. The division may bring administrative charges
18 against any person not holding a current license for
19 violations of statutes or rules which occurred while such
20 person held an occupational license, and the division may
21 declare such person ineligible to hold a license for a period
22 of time. The division may impose a civil fine of up to $1,000
23 for each violation of the rules of the division in addition to
24 or in lieu of any other penalty provided for in this section.
25 In addition to any other penalty provided by law, the division
26 may exclude from all pari-mutuel facilities in this state, for
27 a period not to exceed the period of suspension, revocation,
28 or ineligibility, any person whose occupational license
29 application has been denied by the division, who has been
30 declared ineligible to hold an occupational license, or whose
31 occupational license has been suspended or revoked by the
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 division.
2 (e) The division may cancel any occupational license
3 that has been voluntarily relinquished by the licensee.
4 (6)(5) In order to promote the orderly presentation of
5 pari-mutuel meets authorized in this chapter, the division may
6 issue a temporary occupational license. The division shall
7 adopt rules to implement this subsection. However, no
8 temporary occupational license shall be valid for more than 30
9 days, and no more than one temporary license may be issued for
10 any person in any year.
11 (7)(6) The division may deny, revoke, or suspend any
12 occupational license if the applicant therefor or holder
13 thereof accumulates unpaid obligations or defaults in
14 obligations, or issues drafts or checks that are dishonored or
15 for which payment is refused without reasonable cause, if such
16 unpaid obligations, defaults, or dishonored or refused drafts
17 or checks directly relate to the sport of jai alai or racing
18 being conducted at a pari-mutuel facility within this state.
19 (8)(7) The division may fine, or suspend or revoke, or
20 place conditions upon, the license of any licensee who under
21 oath knowingly provides false information regarding an
22 investigation by the division.
23 (9)(8) The tax imposed by this section is in lieu of
24 all license, excise, or occupational taxes to the state or any
25 county, municipality, or other political subdivision, except
26 that, if a race meeting or game is held or conducted in a
27 municipality, the municipality may assess and collect an
28 additional tax against any person conducting live racing or
29 games within its corporate limits, which tax may not exceed
30 $150 per day for horseracing or $50 per day for dogracing or
31 jai alai. Except as provided in this chapter, a municipality
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 may not assess or collect any additional excise or revenue tax
2 against any person conducting race meetings within the
3 corporate limits of the municipality or against any patron of
4 any such person.
5 (10)(9) Upon application for an occupational license,
6 the division may require the applicant's full legal name; any
7 nickname, alias, or maiden name for the applicant; name of the
8 applicant's spouse; the applicant's date of birth, residence
9 address, mailing address, residence address and business phone
10 number, and social security number; disclosure of any felony
11 or any conviction involving bookmaking, illegal gambling, or
12 cruelty to animals; disclosure of any past or present
13 enforcement or actions by any racing or gaming agency against
14 the applicant; and any information the division determines is
15 necessary to establish the identity of the applicant or to
16 establish that the applicant is of good moral character.
17 Fingerprints shall be taken in a manner approved by the
18 division and then shall be submitted to the Federal Bureau of
19 Investigation, or to the association of state officials
20 regulating pari-mutuel wagering pursuant to the Federal
21 Pari-mutuel Licensing Simplification Act of 1988. The cost of
22 processing fingerprints shall be borne by the applicant and
23 paid to the association of state officials regulating
24 pari-mutuel wagering from the trust fund to which the
25 processing fees are deposited. The division shall require
26 each applicant for an occupational license to have the
27 applicant's signature witnessed and notarized or signed in the
28 presence of a division official. The division, by rule, may
29 require additional information from licensees which is
30 reasonably necessary to regulate the industry. The division
31 may, by rule, exempt certain occupations or groups of persons
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 from the fingerprinting requirements.
2 Section 24. Subsection (2) of section 550.24055,
3 Florida Statutes, is amended to read:
4 550.24055 Use of controlled substances or alcohol
5 prohibited; testing of certain occupational licensees;
6 penalty; evidence of test or action taken and admissibility
7 for criminal prosecution limited.--
8 (2) The occupational licensees, by applying for and
9 holding such licenses, are deemed to have given their consents
10 to submit to an approved chemical test of their breath for the
11 purpose of determining the alcoholic content of their blood
12 and to a urine or blood test for the purpose of detecting the
13 presence of controlled substances. Such tests shall only be
14 conducted upon reasonable cause that a violation has occurred
15 as shall be determined solely by the stewards at a horseracing
16 meeting or the judges or board of judges at a dogtrack or jai
17 alai meet. The failure to submit to such test may result in a
18 suspension of the person's occupational license for a period
19 of 10 days or until this section has been complied with,
20 whichever is longer.
21 (a) If there was at the time of the test 0.05 percent
22 or less by weight of alcohol in the person's blood, the person
23 is presumed not to have been under the influence of alcoholic
24 beverages to the extent that the person's normal faculties
25 were impaired, and no action of any sort may be taken by the
26 stewards, judges, or board of judges or the division.
27 (b) If there was at the time of the test an excess of
28 0.05 percent but less than 0.08 0.10 percent by weight of
29 alcohol in the person's blood, that fact does not give rise to
30 any presumption that the person was or was not under the
31 influence of alcoholic beverages to the extent that the
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 person's faculties were impaired, but the stewards, judges, or
2 board of judges may consider that fact in determining whether
3 or not the person will be allowed to officiate or participate
4 in any given race or jai alai game.
5 (c) If there was at the time of the test 0.08 0.10
6 percent or more by weight of alcohol in the person's blood,
7 that fact is prima facie evidence that the person was under
8 the influence of alcoholic beverages to the extent that the
9 person's normal faculties were impaired, and the stewards or
10 judges may take action as set forth in this section, but the
11 person may not officiate at or participate in any race or jai
12 alai game on the day of such test.
13
14 All tests relating to alcohol must be performed in a manner
15 substantially similar, or identical, to the provisions of s.
16 316.1934 and rules adopted pursuant to that section.
17 Following a test of the urine or blood to determine the
18 presence of a controlled substance as defined in chapter 893,
19 if a controlled substance is found to exist, the stewards,
20 judges, or board of judges may take such action as is
21 permitted in this section.
22 Section 25. Subsection (6) of section 563.06, Florida
23 Statutes, is amended to read:
24 563.06 Malt beverages; imprint on individual
25 container; size of containers; exemptions.--
26 (6) All malt beverages packaged in individual
27 containers sold or offered for sale by vendors at retail in
28 this state shall be in individual containers containing no
29 more than only 8, 12, 16, or 32 ounces of such malt beverages;
30 provided, however, that nothing contained in this section
31 shall affect malt beverages packaged in bulk or in kegs or in
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 barrels or in any individual container containing 1 gallon or
2 more of such malt beverage regardless of individual container
3 type.
4 Section 26. Subsection (1) of section 550.26165,
5 Florida Statutes, is amended to read:
6 550.26165 Breeders' awards.--
7 (1) The purpose of this section is to encourage the
8 agricultural activity of breeding and training racehorses in
9 this state. Moneys dedicated in this chapter for use as
10 breeders' awards and stallion awards from breaks and uncashed
11 tickets from pari-mutuel wagering and horseraces are to be
12 used for awards of up to 20 percent of the announced gross
13 purse at any race to breeders of registered Florida-bred
14 horses winning horseraces and for similar awards to the owners
15 of stallions who sired Florida-bred horses winning stakes
16 races, if the stallions are registered as Florida stallions
17 standing in this state. Such awards shall be given at a
18 uniform rate to all winners of the awards, shall not be
19 greater than 20 percent of the announced gross purse, and
20 shall not be less than 15 percent of the announced gross purse
21 if funds are available. In addition, no less than 17 percent
22 nor more than 40 percent, as determined by the Florida
23 Thoroughbred Breeders' Association, of the moneys dedicated in
24 this chapter for use as breeders' awards and stallion awards
25 for thoroughbreds shall be returned prorata to the
26 permitholders that generated the moneys for awards to be
27 distributed by the permitholders to owners of registered
28 Florida-bred thoroughbred horses winning in thoroughbred races
29 and winning or placing in thoroughbred stakes races, all in
30 accordance with a plan established annually no later than 120
31 days before the first day of the permitholders' racing meet
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 and agreed upon by the permitholder, the Florida Thoroughbred
2 Breeders' Association, and the Florida Horsemen's Benevolent
3 and Protective Association, Inc., except that the plan for the
4 distribution by any permitholder located in the area described
5 in s. 550.615(9) shall be agreed upon by that permitholder,
6 the Florida Thoroughbred Breeders' Association, and the
7 association representing a majority of the thoroughbred
8 racehorse owners and trainers at that location. Awards for
9 thoroughbred races are to be paid through the Florida
10 Thoroughbred Breeders' Association, and awards for
11 standardbred races are to be paid through the Florida
12 Standardbred Breeders and Owners Association. Among other
13 sources specified in this chapter, The moneys for thoroughbred
14 breeders' awards will come from the 0.955 0.75 percent of
15 handle for thoroughbred races conducted, received, broadcast,
16 or simulcast under this chapter as provided in s. 550.2625(3).
17 The moneys for quarter horse and harness breeders' awards will
18 come from the breaks and uncashed tickets on live quarter
19 horse and harness racing performances and 1 percent of handle
20 on intertrack wagering. The funds for these breeders' awards
21 shall be paid to the respective breeders' associations by the
22 permitholders conducting the races. The awards are to be given
23 at a uniform rate to all winners of the awards and may not be
24 less than 15 percent of the announced gross purse if funds are
25 available.
26 Section 27. Subsections (2) and (3) of section
27 550.2625, Florida Statutes, are amended to read:
28 550.2625 Horseracing; minimum purse requirement,
29 Florida breeders' and owners' awards.--
30 (2) Each permitholder conducting a horserace meet is
31 required to pay from the takeout withheld on pari-mutuel pools
48
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 a sum for purses in accordance with the type of race
2 performed.
3 (a) A permitholder conducting a thoroughbred horse
4 race meet under this chapter must pay from the takeout
5 withheld a sum not less than 7.75 7.5 percent of all
6 contributions to pari-mutuel pools conducted during the race
7 meet as purses. In addition to the 7.75 7.5 percent minimum
8 purse payment, permitholders conducting live thoroughbred
9 performances shall be required to pay as additional purses
10 .625 percent of live handle for performances conducted during
11 the period beginning on January 3 and ending March 16; .225
12 percent for performances conducted during the period beginning
13 March 17 and ending May 22; and .85 percent for performances
14 conducted during the period beginning May 23 and ending
15 January 2. Except that any thoroughbred permitholder whose
16 total handle on live performances during the 1991-1992 state
17 fiscal year was not greater than $34 million is not subject to
18 this additional purse payment. A permitholder authorized to
19 conduct thoroughbred racing may withhold from the handle an
20 additional amount equal to 1 percent on exotic wagering for
21 use as owners' awards, and may withhold from the handle an
22 amount equal to 2 percent on exotic wagering for use as
23 overnight purses. No permitholder may withhold in excess of
24 20 percent from the handle without withholding the amounts set
25 forth in this subsection.
26 (b)1. A permitholder conducting a harness horse race
27 meet under this chapter must pay to the purse pool from the
28 takeout withheld a purse requirement that totals an amount not
29 less than 8.25 8 percent of all contributions to pari-mutuel
30 pools conducted during the race meet. An amount not less than
31 7.75 7.5 percent of the total handle shall be paid from this
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 purse pool as purses.
2 2. An amount not to exceed 0.5 percent of the total
3 handle on all harness horse races that are subject to the
4 purse requirement of subparagraph 1., must be available for
5 use to provide medical, dental, surgical, life, funeral, or
6 disability insurance benefits for occupational licensees who
7 work at tracks in this state at which harness horse races are
8 conducted. Such insurance benefits must be paid from the
9 purse pool specified in subparagraph 1. An annual plan for
10 payment of insurance benefits from the purse pool, including
11 qualifications for eligibility, must be submitted by the
12 Florida Standardbred Breeders and Owners Association for
13 approval to the division. An annual report of the implemented
14 plan shall be submitted to the division. All records of the
15 Florida Standardbred Breeders and Owners Association
16 concerning the administration of the plan must be available
17 for audit at the discretion of the division to determine that
18 the plan has been implemented and administered as authorized.
19 If the division finds that the Florida Standardbred Breeders
20 and Owners Association has not complied with the provisions of
21 this section, the division may order the association to cease
22 and desist from administering the plan and shall appoint the
23 division as temporary administrator of the plan until the
24 division reestablishes administration of the plan with the
25 association.
26 (c) A permitholder conducting a quarter horse race
27 meet under this chapter shall pay from the takeout withheld a
28 sum not less than 6 percent of all contributions to
29 pari-mutuel pools conducted during the race meet as purses.
30 (d) The division shall adopt reasonable rules to
31 ensure the timely and accurate payment of all amounts withheld
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 by horserace permitholders regarding the distribution of
2 purses, owners' awards, and other amounts collected for
3 payment to owners and breeders. Each permitholder that fails
4 to pay out all moneys collected for payment to owners and
5 breeders shall, within 10 days after the end of the meet
6 during which the permitholder underpaid purses, deposit an
7 amount equal to the underpayment into a separate
8 interest-bearing account to be distributed to owners and
9 breeders in accordance with division rules.
10 (e) An amount equal to 8.5 percent of the purse
11 account generated through intertrack wagering and interstate
12 simulcasting will be used for Florida Owners' Awards as set
13 forth in subsection (3). Any thoroughbred permitholder with
14 an average blended takeout which does not exceed 20 percent
15 and with an average daily purse distribution excluding
16 sponsorship, entry fees, and nominations exceeding $225,000 is
17 exempt from the provisions of this paragraph.
18 (3) Each horseracing permitholder conducting any
19 thoroughbred race under this chapter, including any intertrack
20 race taken pursuant to ss. 550.615-550.6305 or any interstate
21 simulcast taken pursuant to s. 550.3551(3) shall pay a sum
22 equal to 0.955 0.75 percent on all pari-mutuel pools conducted
23 during any such race for the payment of breeders' and stallion
24 awards as authorized in this section. This subsection also
25 applies to all Breeder's Cup races conducted outside this
26 state taken pursuant to s. 550.3551(3). On any race
27 originating live in this state which is broadcast out-of-state
28 to any location at which wagers are accepted pursuant to s.
29 550.3551(2), the host track is required to pay 3.475 3.3
30 percent of the gross revenue derived from such out-of-state
31 broadcasts as breeders' and stallion awards. The Florida
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Thoroughbred Breeders' Association is authorized to receive
2 these payments from the permitholders and make payments of
3 awards earned. The Florida Thoroughbred Breeders' Association
4 has the right to withhold up to 10 percent of the
5 permitholder's payments under this section as a fee for
6 administering the payments of awards and for general promotion
7 of the industry. The permitholder shall remit these payments
8 to the Florida Thoroughbred Breeders' Association by the 5th
9 day of each calendar month for such sums accruing during the
10 preceding calendar month and shall report such payments to the
11 division as prescribed by the division. With the exception of
12 the 10-percent fee, the moneys paid by the permitholders shall
13 be maintained in a separate, interest-bearing account, and
14 such payments together with any interest earned shall be used
15 exclusively for the payment of breeders' awards and stallion
16 awards in accordance with the following provisions:
17 (a) The breeder of each Florida-bred thoroughbred
18 horse winning a thoroughbred horse race is entitled to an
19 award of up to, but not exceeding, 20 percent of the announced
20 gross purse, including nomination fees, eligibility fees,
21 starting fees, supplementary fees, and moneys added by the
22 sponsor of the race.
23 (b) The owner or owners of the sire of a Florida-bred
24 thoroughbred horse that wins a stakes race is entitled to a
25 stallion award of up to, but not exceeding, 20 percent of the
26 announced gross purse, including nomination fees, eligibility
27 fees, starting fees, supplementary fees, and moneys added by
28 the sponsor of the race.
29 (c) The owners of registered Florida-bred thoroughbred
30 horses winning or placing in thoroughbred stakes races may
31 receive an award in accordance with a plan established in s.
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 550.26165(1).
2 (d)(c) In order for a breeder of a Florida-bred
3 thoroughbred horse to be eligible to receive a breeder's
4 award, or for the owners of a registered Florida-bred
5 thoroughbred horse to be eligible to receive an award under
6 paragraph (c), the horse winning the race must have been
7 registered as a Florida-bred horse with the Florida
8 Thoroughbred Breeders' Association, and the Jockey Club
9 certificate for the winning horse must show that it the winner
10 has been duly registered as a Florida-bred horse as evidenced
11 by the seal and proper serial number of the Florida
12 Thoroughbred Breeders' Association registry. The Florida
13 Thoroughbred Breeders' Association shall be permitted to
14 charge the registrant a reasonable fee for this verification
15 and registration.
16 (e)(d) In order for an owner of the sire of a
17 thoroughbred horse winning a stakes race to be eligible to
18 receive a stallion award, the stallion must have been
19 registered with the Florida Thoroughbred Breeders'
20 Association, and the breeding of the registered Florida-bred
21 horse must have occurred in this state. The stallion must be
22 standing permanently in this state during the period of time
23 between February 1 and June 15 of each year or, if the
24 stallion is dead, must have stood permanently in this state
25 for a period of not less than 1 year immediately prior to its
26 death. The removal of a stallion from this state during the
27 period of time between February 1 and June 15 of any year for
28 any reason, other than exclusively for prescribed medical
29 treatment, as approved by the Florida Thoroughbred Breeders'
30 Association, renders the owner or owners of the stallion
31 ineligible to receive a stallion award under any circumstances
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 for offspring sired prior to removal; however, if a removed
2 stallion is returned to this state, all offspring sired
3 subsequent to the return make the owner or owners of the
4 stallion eligible for the stallion award but only for those
5 offspring sired subsequent to such return to this state. The
6 Florida Thoroughbred Breeders' Association shall maintain
7 complete records showing the date the stallion arrived in this
8 state for the first time, whether or not the stallion remained
9 in the state permanently, the location of the stallion, and
10 whether the stallion is still standing in this state and
11 complete records showing awards earned, received, and
12 distributed. The association may charge the owner, owners, or
13 breeder a reasonable fee for this service.
14 (f)(e) A permitholder conducting a thoroughbred horse
15 race under the provisions of this chapter shall, within 30
16 days after the end of the race meet during which the race is
17 conducted, certify to the Florida Thoroughbred Breeders'
18 Association such information relating to the thoroughbred
19 horses winning a stakes or other horserace at the meet as may
20 be required to determine the eligibility for payment of
21 breeders' awards and stallion awards.
22 (g)(f) The Florida Thoroughbred Breeders' Association
23 shall maintain complete records showing the starters and
24 winners in all races conducted at thoroughbred tracks in this
25 state; shall maintain complete records showing awards earned,
26 received, and distributed; and may charge the owner, owners,
27 or breeder a reasonable fee for this service.
28 (h)(g) The Florida Thoroughbred Breeders' Association
29 shall annually establish a uniform rate and procedure for the
30 payment of breeders' and stallion awards and shall make
31 breeders' and stallion award payments in strict compliance
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 with the established uniform rate and procedure plan. The
2 plan may set a cap on winnings and may limit, exclude, or
3 defer payments to certain classes of races, such as the
4 Florida stallion stakes races, in order to assure that there
5 are adequate revenues to meet the proposed uniform rate. Such
6 plan must include proposals for the general promotion of the
7 industry. Priority shall be placed upon imposing such
8 restrictions in lieu of allowing the uniform rate to be less
9 than 15 percent of the total purse payment. The uniform rate
10 and procedure plan must be approved by the division before
11 implementation. In the absence of an approved plan and
12 procedure, the authorized rate for breeders' and stallion
13 awards is 15 percent of the announced gross purse for each
14 race. Such purse must include nomination fees, eligibility
15 fees, starting fees, supplementary fees, and moneys added by
16 the sponsor of the race. If the funds in the account for
17 payment of breeders' and stallion awards are not sufficient to
18 meet all earned breeders' and stallion awards, those breeders
19 and stallion owners not receiving payments have first call on
20 any subsequent receipts in that or any subsequent year.
21 (i)(h) The Florida Thoroughbred Breeders' Association
22 shall keep accurate records showing receipts and disbursements
23 of such payments and shall annually file a full and complete
24 report to the division showing such receipts and disbursements
25 and the sums withheld for administration. The division may
26 audit the records and accounts of the Florida Thoroughbred
27 Breeders' Association to determine that payments have been
28 made to eligible breeders and stallion owners in accordance
29 with this section.
30 (j)(i) If the division finds that the Florida
31 Thoroughbred Breeders' Association has not complied with any
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 provision of this section, the division may order the
2 association to cease and desist from receiving funds and
3 administering funds received under this section. If the
4 division enters such an order, the permitholder shall make the
5 payments authorized in this section to the division for
6 deposit into the Pari-mutuel Wagering Trust Fund; and any
7 funds in the Florida Thoroughbred Breeders' Association
8 account shall be immediately paid to the Division of
9 Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
10 Trust Fund. The division shall authorize payment from these
11 funds to any breeder or stallion owner entitled to an award
12 that has not been previously paid by the Florida Thoroughbred
13 Breeders' Association in accordance with the applicable rate.
14 Section 28. Paragraph (a) of subsection (6) of section
15 550.3551, Florida Statutes, is amended to read:
16 550.3551 Transmission of racing and jai alai
17 information; commingling of pari-mutuel pools.--
18 (6)(a) A maximum of 20 percent of the total number of
19 races on which wagers are accepted by a greyhound permitholder
20 not located as specified in s. 550.615(6) may be received from
21 locations outside this state. A permitholder may not conduct
22 fewer than eight live races or games on any authorized race
23 day except as provided in this subsection. A thoroughbred
24 permitholder may not conduct fewer than eight live races on
25 any race day without the written approval of the Florida
26 Thoroughbred Breeders' Association and the Florida Horsemen's
27 Benevolent and Protective Association, Inc., unless it is
28 determined by the department that another entity represents a
29 majority of the thoroughbred racehorse owners and trainers in
30 the state. horsemen's group representing the majority of
31 thoroughbred racehorse owners and trainers in this state. A
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 harness permitholder may conduct fewer than eight live races
2 on any authorized race day, except that such permitholder must
3 conduct a full schedule of live racing during its race meet
4 consisting of at least eight live races per authorized race
5 day for at least 100 days. Any harness horse permitholder
6 that during the preceding racing season conducted a full
7 schedule of live racing may, at any time during its current
8 race meet, receive full-card broadcasts of harness horse races
9 conducted at harness racetracks outside this state at the
10 harness track of the permitholder and accept wagers on such
11 harness races. With specific authorization from the division
12 for special racing events, a permitholder may conduct fewer
13 than eight live races or games when the permitholder also
14 broadcasts out-of-state races or games. The division may not
15 grant more than two such exceptions a year for a permitholder
16 in any 12-month period, and those two exceptions may not be
17 consecutive.
18 Section 29. Subsections (1) and (4) of section
19 550.6308, Florida Statutes, are amended, and subsection (5) is
20 added to that section, to read:
21 550.6308 Limited intertrack wagering license.--In
22 recognition of the economic importance of the thoroughbred
23 breeding industry to this state, its positive impact on
24 tourism, and of the importance of a permanent thoroughbred
25 sales facility as a key focal point for the activities of the
26 industry, a limited license to conduct intertrack wagering is
27 established to ensure the continued viability and public
28 interest in thoroughbred breeding in Florida.
29 (1) Upon application to the division on or before
30 January 31 of each year, any person that is licensed to
31 conduct public sales of thoroughbred horses pursuant to s.
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 535.01, that has conducted at least 15 days of thoroughbred
2 horse sales at a permanent sales facility in this state for at
3 least 3 consecutive years, and that has conducted at least 1
4 day of nonwagering thoroughbred racing in this state, with a
5 purse structure of at least $250,000 per year for 2
6 consecutive years before such application, shall be issued a
7 license, subject to the conditions set forth in this section,
8 to conduct intertrack wagering at such a permanent sales
9 facility during the following periods: for thoroughbred racing
10 for
11 (a) Up to 21 days in connection with thoroughbred
12 sales;, to conduct intertrack wagering at such permanent sales
13 facility
14 (b) Between November 1 and May 8;, to conduct
15 intertrack wagering at such permanent sales facility
16 (c) Between May 9 and October 31 at such times and on
17 such days as any thoroughbred, jai alai, or a greyhound
18 permitholder in the same county is not conducting live
19 performances; provided that any such permitholder may waive
20 this requirement, in whole or in part, and allow the licensee
21 under this section to conduct intertrack wagering during one
22 or more of the permitholder's live performances; and, and to
23 conduct intertrack wagering under the provisions of this
24 subsection
25 (d) During the weekend of the Kentucky Derby, the
26 Preakness, the Belmont, and a Breeders' Cup Meet that is
27 conducted before November 1 and after May 8., subject to
28 conditions set forth in this section but
29
30 No more than one such license may be issued, and no such
31 license may be issued for a facility located within 50 miles
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 of any thoroughbred permitholder's track.
2 (4) Intertrack wagering under this section may be
3 conducted only on thoroughbred horse racing, except that
4 intertrack wagering may be conducted on any class of
5 pari-mutuel race or game conducted by any class of
6 permitholders licensed under this chapter if all thoroughbred,
7 jai alai, and greyhound permitholders in the same county as
8 the licensee under this section give their consent.
9 (5) The licensee shall be considered a guest track
10 under this chapter. The licensee shall pay 2.5 percent of the
11 total contributions to the daily pari-mutuel pool on wagers
12 accepted at the licensee's facility on greyhound races or jai
13 alai games to the thoroughbred permitholder that is conducting
14 live races for purses to be paid during its current racing
15 meet. If more than one thoroughbred permitholder is conducting
16 live races on a day during which the licensee is conducting
17 intertrack wagering on greyhound races or jai alai games, the
18 licensee shall allocate these funds between the operating
19 thoroughbred permitholders on a prorata basis based on the
20 total live handle at the operating permitholders' facilities.
21 Section 30. Subsection (7) of section 773.01, Florida
22 Statutes, is amended to read:
23 773.01 Definitions.--As used in ss. 773.01-773.05:
24 (7) "Participant" means any person, whether amateur or
25 professional, who engages in or any equine that participates
26 in an equine activity, whether or not a fee is paid to
27 participate in the equine activity.
28 Section 31. Subsection (1) of section 773.03, Florida
29 Statutes, is amended to read:
30 773.03 Limitation on liability for equine activity;
31 exceptions.--
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 (1) This section applies shall not apply to the
2 horseracing industry as defined in chapter 550.
3 Section 32. Interstate Compact on Licensure of
4 Participants in Pari-mutuel Wagering.--There is created the
5 Interstate Compact on Licensure of Participants in Pari-mutuel
6 Wagering.
7 Section 33. Purposes.--The purposes of this compact
8 are to:
9 (1) Establish uniform requirements among the party
10 states for the licensing of participants with pari-mutuel
11 wagering, and ensure that all licensed participants meet a
12 uniform minimum standard of honesty and integrity.
13 (2) Facilitate the growth of the pari-mutuel wagering
14 industry in each party state and nationwide by simplifying the
15 process for licensing participants in pari-mutuel wagering,
16 and reduce the duplicative and costly process of separate
17 licensing by the regulatory agency in each state that conducts
18 pari-mutuel wagering.
19 (3) Authorize the Department of Business and
20 Professional Regulation to participate in this compact.
21 (4) Provide for participation in this compact by
22 officials of the party states, and permit those officials,
23 through the compact committee established by this compact, to
24 enter into contracts with governmental agencies and
25 nongovernmental persons to carry out the purposes of this
26 compact.
27 (5) Establish the compact committee created by this
28 compact as an interstate governmental entity duly authorized
29 to request and receive criminal-history record information
30 from the Federal Bureau of Investigation and other state and
31 local law enforcement agencies.
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 Section 34. Definitions.--As used in this compact, the
2 term:
3 (1) "Compact committee" means the organization of
4 officials from the party states which is authorized and
5 empowered to carry out the purposes of this compact.
6 (2) "Official" means the appointed, elected,
7 designated, or otherwise duly selected member of a racing
8 commission, or the equivalent thereof, in a party state who
9 represents that party state as a member of the compact
10 committee.
11 (3) "Participants in pari-mutuel wagering" means
12 participants in horseracing, greyhound racing, and jai alai
13 games with pari-mutuel wagering in the party states.
14 (4) "Party state" means each state that has enacted
15 this compact.
16 (5) "State" means each of the several states of the
17 United States, the District of Columbia, the Commonwealth of
18 Puerto Rico, and each territory or possession of the United
19 States.
20 Section 35. Entry into force.--This compact shall come
21 into force when enacted by any four states. Thereafter, this
22 compact shall become effective in any other state upon that
23 state's enactment of this compact and upon the affirmative
24 vote of a majority of the officials on the compact committee
25 as provided in section 41.
26 Section 36. States eligible to join compact.--Any
27 state that has adopted or authorized pari-mutuel wagering
28 shall be eligible to become a party to this compact.
29 Section 37. Withdrawal from compact; impact on force
30 and effect.--
31 (1) Any party state may withdraw from this compact by
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 enacting a statute repealing this compact, but such a
2 withdrawal becomes effective only when the head of the
3 executive branch of the withdrawing party state has given
4 written notice of the withdrawal to the heads of the executive
5 branch of all other party states.
6 (2) If, as a result of withdrawals, participation in
7 this compact decreases to fewer than three party states, this
8 compact shall no longer be in force and effect until
9 participation in this compact increases to three or more party
10 states.
11 Section 38. Compact committee.--
12 (1) There is created an interstate governmental entity
13 to be known as the "compact committee," which shall be
14 composed of one official from the racing commission, or the
15 equivalent thereof, in each party state who shall be
16 appointed, serve, and be subject to removal in accordance with
17 the laws of the party state that she or he represents. The
18 official from Florida shall be appointed by the Secretary of
19 Business and Professional Regulation. Pursuant to the laws of
20 her or his party state, each official shall have the
21 assistance of her or his state's racing commission, or the
22 equivalent thereof, in considering issues related to licensing
23 of participants in pari-mutuel wagering and in fulfilling her
24 or his responsibilities as the representative from her or his
25 state to the compact committee.
26 (2) If an official is unable to perform any of her or
27 his duties as a member of the compact committee, the racing
28 commission, or the equivalent thereof, from her or his state
29 shall designate another of its members as an alternate who
30 shall serve in her or his place and represent the party state
31 as its official on the compact committee, until that racing
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 commission, or the equivalent thereof, determines that the
2 original representative official is once again able to perform
3 her or his duties as that party state's representative
4 official on the compact committee. The designation of an
5 alternate shall be communicated by the affected state's racing
6 commission, or the equivalent thereof, to the compact
7 committee as the committee's bylaws provide.
8 Section 39. Powers and duties of compact
9 committee.--In order to carry out the purposes of this
10 compact, the compact committee has the power and duty to:
11 (1)(a) Determine which categories of participants in
12 pari-mutuel wagering, including, but not limited to, owners,
13 trainers, jockeys, jai alai players, drivers, grooms, mutuel
14 clerks, racing officials, veterinarians, and farriers, should
15 be licensed by the committee, and to establish the
16 requirements for the initial licensure of applicants in each
17 category, the term of the license for each category, and the
18 requirements for renewal of licenses in each category.
19 (b) With regard to requests for criminal-history
20 record information on each applicant for a license, and with
21 regard to the effect of a criminal record on the issuance or
22 renewal of a license, determine for each category of
23 participants in pari-mutuel wagering which licensure
24 requirements for that category are, in its judgment, the
25 most-restrictive licensure requirements of any party state for
26 that category and to adopt licensure requirements for that
27 category which are, in its judgment, comparable to those
28 most-restrictive requirements.
29 (2) Investigate applicants for licensure by the
30 compact committee and, as permitted by federal and state law,
31 gather information on such applicants, including
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 criminal-history record information from the Federal Bureau of
2 Investigation and relevant state and local law enforcement
3 agencies, and, where appropriate, from the Royal Canadian
4 Mounted Police and law enforcement agencies of other
5 countries, which is necessary to determine whether a license
6 should be issued under the licensure requirements established
7 by the committee under subsection (1). The fingerprints of
8 each applicant for licensure by the compact committee shall be
9 taken by the compact committee, its employees, or its
10 designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.
11 100-413, shall be forwarded to a state identification bureau
12 or to the Association of Racing Commissioners International,
13 Inc., for submission to the Federal Bureau of Investigation
14 for a criminal-history record check. Such fingerprints may be
15 submitted on a fingerprint card or by electronic or other
16 means authorized by the Federal Bureau of Investigation or
17 other receiving law enforcement agency.
18 (3) Issue licenses to, and renew the licenses of,
19 participants in pari-mutuel wagering who are found by the
20 committee to have met the licensure and renewal requirements
21 established by the committee under subsection (1). The compact
22 committee shall not have the power or authority to deny a
23 license. If the compact committee determines that an
24 applicant is not eligible for the issuance or renewal of a
25 compact committee license, the compact committee shall notify
26 the applicant that her or his application will not be
27 processed further. Such notification does not constitute and
28 shall not be considered to be the denial of a license. Any
29 such applicant shall have the right to present additional
30 evidence to, and be heard by, the compact committee, but the
31 final decision on issuance or renewal of the license shall be
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 made by the compact committee using the requirements
2 established under subsection (1).
3 (4) Enter into contracts or agreements with
4 governmental agencies and nongovernmental persons to provide
5 personal services for its activities and such other services
6 as are necessary to effectuate the purposes of this compact.
7 (5) Create, appoint, and abolish those offices,
8 employments, and positions, including that of executive
9 director, that it considers necessary for the purposes of this
10 compact; prescribe the powers, duties, and qualifications of,
11 and hire persons to fill, such offices, employments, and
12 positions; and provide for the removal, term, tenure,
13 compensation, fringe benefits, retirement benefits, and other
14 conditions of employment of persons filling such offices,
15 employments, and positions.
16 (6) Borrow, accept, or contract for the services of
17 personnel from any state, the United States, or any other
18 governmental agency, or from any person, firm, association,
19 corporation, or other entity.
20 (7) Acquire, hold, and dispose of real and personal
21 property by gift, purchase, lease, or license, or in other
22 similar manner, in furtherance of the purposes of this
23 compact.
24 (8) Charge a fee to each applicant for an initial
25 license or renewal of a license.
26 (9) Receive other funds through gifts, grants, and
27 appropriations.
28 Section 40. Voting requirements.--
29 (1) Each member of the compact committee is entitled
30 to one vote.
31 (2) All action taken by the compact committee with
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 regard to the addition of party states, the licensure of
2 participants in pari-mutuel wagering, and the receipt and
3 disbursement of funds requires a majority vote of the members
4 of the compact committee or their alternates. All other action
5 by the compact committee requires a majority vote of the
6 members present or their alternates.
7 (3) The compact committee may not take any action
8 unless a quorum is present. A majority of the members of the
9 compact committee or their alternates constitutes a quorum.
10 Section 41. Administration and management.--
11 (1) The compact committee shall elect annually from
12 among its members a chairperson, a vice chairperson, and a
13 secretary/treasurer.
14 (2) The compact committee shall adopt bylaws for the
15 conduct of its business by a two-thirds vote of the members of
16 the committee or their alternates and may, by the same vote,
17 amend and rescind these bylaws. The compact committee shall
18 publish its bylaws in convenient form and shall file a copy
19 thereof and a copy of any amendments thereto with the
20 Secretary of State or equivalent agency of each of the party
21 states.
22 (3) The compact committee may delegate the day-to-day
23 management and administration of its duties and
24 responsibilities to an executive director and her or his
25 support staff.
26 (4) Employees of the compact committee shall be
27 considered governmental employees.
28 Section 42. Immunity from liability for performance of
29 official responsibilities and duties.--A member or employee of
30 the compact committee may not be held personally liable for
31 any good-faith act or omission that occurs during the
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 performance and within the scope of her or his
2 responsibilities and duties under this compact.
3 Section 43. Rights and responsibilities of each party
4 state.--
5 (1) By enacting this compact, each party state:
6 (a) Agrees to:
7 1. Accept the decisions of the compact committee
8 regarding the issuance of compact committee licenses to
9 participants in pari-mutuel wagering pursuant to the
10 committee's licensure requirements.
11 2. Reimburse or otherwise pay the expenses of its
12 official representative on the compact committee or her or his
13 alternate.
14 (b) Agrees not to treat a notification to an applicant
15 by the compact committee described in subsection (3) of
16 section 42 as the denial of a license, or to penalize such an
17 applicant in any other way based solely on such a decision by
18 the compact committee.
19 (c) Reserves the right to:
20 1. Apply its own standards in determining whether, on
21 the facts of a particular case, a compact committee license
22 should be suspended or revoked. Any party state that suspends
23 or revokes a compact committee license shall, through its
24 racing commission or the equivalent thereof, or otherwise,
25 promptly notify the compact committee of that suspension or
26 revocation.
27 2. Apply its own standards in determining licensure
28 eligibility, under the laws of that party state, for
29 categories of participants in pari-mutuel wagering which the
30 compact committee decides not to license and for individual
31 participants in pari-mutuel wagering who do not meet the
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 licensure requirements of the compact committee.
2 3. Establish its own licensure standards for those who
3 are not covered by the compact committee license.
4 (2) A party state may not be held liable for the debts
5 or other financial obligations incurred by the compact
6 committee.
7 Section 44. Construction and severability.--
8 (1) This compact shall be liberally construed so as to
9 effectuate its purposes. The provisions of this compact shall
10 be severable, and, if any phrase, clause, sentence, or
11 provision of this compact is declared to be contrary to the
12 Constitution of the United States or of any party state, or if
13 the applicability of this compact to any government, agency,
14 person, or circumstance is held invalid, the validity of the
15 remainder of this compact and the applicability thereof to any
16 government, agency, person, or circumstance shall not be
17 affected thereby.
18 (2) If all or some portion of this compact is held to
19 be contrary to the constitution of any party state, the
20 compact shall remain in full force and effect as to the
21 remaining party states and in full force and effect as to the
22 state affected as to all severable matters.
23 Section 45. Subsection (9) of section 550.615, Florida
24 Statutes, is repealed.
25 Section 46. All money or other property represented by
26 any unclaimed, uncashed, or abandoned pari-mutuel ticket that
27 has remained in the custody of or under the control of any
28 permitholder authorized to conduct jai alai pari-mutuel pools
29 in this state for a period of 1 year after the date the
30 pari-mutuel ticket was issued, if the rightful owners thereof
31 have made no claim or demand for such money or other property
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 within that period of time, shall, with respect to live games
2 conducted by the permitholder, be remitted to the state
3 pursuant to s. 550.1645; however, such permitholder shall be
4 entitled to a credit in each state fiscal year in an amount
5 equal to 25 percent of the actual amount remitted in the prior
6 state fiscal year which may be applied against any taxes
7 imposed under this chapter. Funds equal to such credit from
8 any live jai alai games shall be paid by the permitholder to
9 the National Association of Jai Alai Frontons, to be used for
10 the general promotion of the sport of jai alai in the state,
11 including professional tournaments and amateur jai alai youth
12 programs. These youth programs shall focus on benefiting
13 children in after-school and anti-drug programs with special
14 attention to inner-city areas.
15 Section 47. Except as otherwise expressly provided in
16 this act, this act shall take effect July 1, 2000.
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 72, line 24, through
22 page 77, line 30, delete those lines
23
24 and insert:
25 A bill to be entitled
26 An act relating to regulated industries;
27 amending s. 561.501, F.S.; reducing the
28 surcharges on liquor, wine, cider, and beer
29 sold for consumption on the premises; providing
30 an exemption from the surcharge to certain
31 nonprofit organizations; amending s. 561.121,
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 F.S.; increasing the portion of the surcharge
2 which is transferred to the Children and
3 Adolescents Substance Abuse Trust Fund;
4 amending s. 212.20, F.S.; authorizing a
5 distribution of sales and use tax revenues to
6 county governments; repealing s. 550.01215(8),
7 F.S., relating to the use of permitted
8 facilities; amending s. 550.135, F.S.;
9 eliminating the annual distribution of
10 pari-mutuel tax revenues to county governments;
11 amending s. 550.0951, F.S.; providing that the
12 daily license fee tax credit provided by said
13 section and the $360,000 or $500,000 tax
14 exemption provided by s. 550.09514(1), F.S.,
15 may be applied to any tax and daily license
16 fees imposed under ch. 550, F.S.; removing
17 restrictions on the transfer of the daily
18 license fee tax credit by greyhound
19 permitholders; authorizing transfer of the
20 $360,000 or $500,000 tax exemption by a
21 greyhound permitholder to a greyhound
22 permitholder that acts as host track to such
23 permitholder for intertrack wagering; providing
24 for repayment; providing for rules; reducing
25 the taxes on handle for greyhound dogracing,
26 for intertrack wagering when the host track is
27 a dog track, for intertrack wagers accepted by
28 certain dog tracks, for intertrack wagers when
29 both the host and guest are thoroughbred tracks
30 or other guest tracks within the market area;
31 providing exceptions; removing the additional
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 tax on the surcharge on winning tickets;
2 providing a reduced tax rate to live handle on
3 jai alai; redirecting deposits from the General
4 Revenue Fund to the Pari-mutuel Wagering Trust
5 Fund; revising the time period for remittance
6 of certain fees and taxes; forgiving certain
7 taxes; amending s. 550.09514, F.S.; revising
8 application and administration of the $360,000
9 or $500,000 tax exemption provided by said
10 section; providing for payment of additional
11 purses by greyhound permitholders in an amount
12 equal to a percentage of the tax reduction
13 resulting from the reduction of the taxes on
14 handle; providing requirements with respect
15 thereto; providing for audits; amending s.
16 550.09515, F.S.; modifying the tax on handle
17 for thoroughbred performances; removing a
18 penalty for operating in more than one
19 facility; redirecting deposits from the General
20 Revenue Fund to the Pari-mutuel Wagering Trust
21 Fund; providing a credit against taxes on live
22 handle equal to a percentage of the tax paid in
23 prior year; providing for contributions for the
24 health and welfare of jockeys; amending s.
25 550.1645, F.S., to conform; creating s.
26 550.1647, F.S.; providing for payments and
27 credits concerning unclaimed pari-mutuel
28 tickets by greyhound permitholders; amending s.
29 550.615, F.S., relating to intertrack wagering
30 and leased greyhound facilities; authorizing
31 certain permitholders to conduct intertrack
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 wagering at certain additional facilities;
2 amending s. 550.0555, F.S.; providing
3 legislative intent; providing for the
4 relocation of jai alai permittees within a
5 county in the same manner as is currently
6 provided for the relocation of greyhound
7 dogracing permittees within a county; providing
8 that relocation of permittees be consistent
9 with local government comprehensive plan;
10 amending s. 550.09512, F.S.; reducing the tax
11 on handle for live harness performances;
12 amending s. 550.475, F.S.; providing for
13 leasing of jai alai facilities; amending s.
14 550.625, F.S.; increasing the percentage of
15 purses for thoroughbred and quarter horse
16 racing; amending s. 550.155, F.S.; requiring
17 counties to approve certain capital
18 improvements by permitholders in certain
19 situations; amending s. 550.26352, F.S.,
20 relating to the Breeders' Cup Meet; increasing
21 the amount of certain tax credits allowed to
22 permitholders; deleting certain limitations on
23 broadcasts to pari-mutuel facilities;
24 authorizing the Division of Pari-mutuel
25 Wagering of the Department of Business and
26 Professional Regulation to waive certain rules;
27 amending s. 550.6305, F.S.; conforming
28 cross-references; amending s. 550.002, F.S.;
29 substituting the term "same class of races,
30 games, or permit" for the term "same class of
31 race or permit"; amending s. 550.0251, F.S.;
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 providing for the Division of Pari-mutuel
2 Wagering to adopt rules for wagering through a
3 pari-mutuel wagering pool; amending s.
4 550.0351, F.S.; increasing the number of
5 charity performances per fiscal year which a
6 jai alai permitholder may conduct; amending s.
7 550.105, F.S.; revising provisions relating to
8 licenses for persons or entities with access to
9 certain areas of racetracks and frontons;
10 amending s. 550.24055, F.S.; amending standards
11 used in testing certain licensees to determine
12 whether they have abused alcoholic beverages;
13 amending s. 563.06, F.S.; removing current
14 restrictions on containers under a specified
15 size; amending s. 550.26165, F.S.; providing
16 for breeders' awards and stallion awards;
17 providing for certain moneys to be returned to
18 the permitholders that generated the money, in
19 accordance with a plan to be established
20 annually by specified entities; providing an
21 exception; amending s. 550.2625, F.S.; amending
22 minimum purse requirements for thoroughbred and
23 harness horse racing permitholders; amending
24 criteria for the payment of breeders' awards
25 and stallion awards; amending s. 550.3551,
26 F.S.; requiring the written approval of the
27 Florida Horsemen's Benevolent and Protective
28 Association, Inc., before a thoroughbred
29 permitholder may conduct fewer than eight live
30 races on any race day; amending s. 550.6308,
31 F.S.; amending provisions relating to limited
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SENATE AMENDMENT
Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 intertrack wagering licenses; expanding the
2 types of pari-mutuel races or games on which
3 intertrack wagering may be conducted, subject
4 to certain conditions; requiring a licensee to
5 pay a specified amount to the daily pari-mutuel
6 pool on certain wagers to thoroughbred
7 permitholders conducting live races; amending
8 s. 773.01, F.S.; amending the definition of the
9 term "participant" as used in ss.
10 773.01-773.05, F.S.; amending ss. 773.03, F.S.,
11 relating to limitation on liability for equine
12 activity; providing that the section does apply
13 to the horseracing industry as defined in ch.
14 550, F.S.; creating the Interstate Compact on
15 Licensure of Participants in Pari-mutuel
16 Wagering; providing purposes of the compact;
17 providing definitions; providing for the
18 effective date of the compact; providing
19 criteria for eligibility to join the compact;
20 providing procedures for withdrawing from the
21 compact; creating an interstate governmental
22 entity to be known as the compact committee;
23 providing the powers and duties of the compact
24 committee; providing voting requirements for
25 the committee; providing for the administration
26 and management of the committee; providing that
27 committee employees are governmental employees;
28 providing immunity from liability for
29 performance of official responsibilities and
30 duties of the compact committee; providing
31 rights and responsibilities of each state that
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Bill No. CS for CS for SB 770 & SB 286
Amendment No. ___
1 is a party to the compact; providing for
2 construction and severability of provisions of
3 the compact; repealing s. 550.615(9), F.S.,
4 relating to limited intertrack wagering
5 license; providing a credit for jai alai
6 permitholders; providing effective dates.
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