HOUSE AMENDMENT Bill No. HB 1059
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Ritter offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause and insert:
16	Section 1. Subsections (1) and (2) of section 550.26165,
17	Florida Statutes, are amended to read:
18	550.26165 Breeders' awards.--
19	(1) The purpose of this section is to encourage the
20	agricultural activity of breeding and training racehorses in
21	this state. Moneys dedicated in this chapter for use as
22	breeders' awards and stallion awards are to be used for awards
23	to breeders of registered Florida-bred horses winning horseraces
24	and for similar awards to the owners of stallions who sired
25	Florida-bred horses winning stakes races, if the stallions are
26	registered as Florida stallions standing in this state. Such
27	awards shall be given at a uniform rate to all winners of the
28	awards, shall not be greater than 20 percent of the announced
29	gross purse, and shall not be less than 15 percent of the
30	announced gross purse if funds are available. In addition, no
31	less than 17 percent nor more than 40 percent, as determined by
32	the Florida Thoroughbred Breeders' Association, of the moneys
33	dedicated in this chapter for use as breeders' awards and
34	stallion awards for thoroughbreds shall be returned pro rata to
35	the permitholders that generated the moneys for special racing
36	awards to be distributed by the permitholders to owners of
37	registered Florida-bred thoroughbred horses participating
38	winning in prescribed thoroughbred stakes races, nonstakes
39	races, or bothand winning or placing in thoroughbred stakes
40	races, all in accordance with a written agreement establishing
41	the rate, procedure, and eligibility requirements for such
42	awards entered intoplan established annually no later than 120
43	days before the first day of the permitholders' racing meet and
44	agreed uponby the permitholder, the Florida Thoroughbred
45	Breeders' Association, and the Florida Horsemen's Benevolent and
46	Protective Association, Inc., except that the plan for the
47	distribution by any permitholder located in the area described
48	in s. 550.615(9) shall be agreed upon by that permitholder, the
49	Florida Thoroughbred Breeders' Association, and the association
50	representing a majority of the thoroughbred racehorse owners and
51	trainers at that location. Awards for thoroughbred races are to
52	be paid through the Florida Thoroughbred Breeders' Association,
53	and awards for standardbred races are to be paid through the
54	Florida Standardbred Breeders and Owners Association. Among
55	other sources specified in this chapter, moneys for thoroughbred
56	breeders' awards will come from the 0.955 percent of handle for
57	thoroughbred races conducted, received, broadcast, or simulcast
58	under this chapter as provided in s. 550.2625(3). The moneys
59	for quarter horse and harness breeders' awards will come from
60	the breaks and uncashed tickets on live quarter horse and
61	harness racing performances and 1 percent of handle on
62	intertrack wagering. The funds for these breeders' awards shall
63	be paid to the respective breeders' associations by the
64	permitholders conducting the races.
65	(2) Each breeders' association shall develop a plan each
66	year that will provide for a uniform rate of payment and
67	procedure for breeders' and stallion awardspayment. The plan
68	for payment of breeders' and stallion awardsmay set a cap on
69	winnings and may limit, exclude, or defer payments ontocertain
70	classes of races, such as the Florida stallion stakes races, in
71	order to assure that there are adequate revenues to meet the
72	proposed uniform rate. Priority shall be placed on imposing such
73	restrictions in lieu of allowing the uniform rate for breeders'
74	and stallion awardsto be less than 15 percent of the total
75	purse payment. The plan must provide for the maximum possible
76	payments within revenues.
77	Section 2. Subsection (3) of section 550.2625, Florida
78	Statutes, is amended to read:
79	550.2625 Horseracing; minimum purse requirement, Florida
80	breeders' and owners' awards.--
81	(3) Each horseracing permitholder conducting any
82	thoroughbred race under this chapter, including any intertrack
83	race taken pursuant to ss. 550.615-550.6305 or any interstate
84	simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
85	to 0.955 percent on all pari-mutuel pools conducted during any
86	such race for the payment of breeders',and stallion, or special
87	racing awards as authorized in this chaptersection. This
88	subsection also applies to all Breeder's Cup races conducted
89	outside this state taken pursuant to s. 550.3551(3). On any
90	race originating live in this state which is broadcast out-of-
91	state to any location at which wagers are accepted pursuant to
92	s. 550.3551(2), the host track is required to pay 3.475 percent
93	of the gross revenue derived from such out-of-state broadcasts
94	as breeders',and stallion, or special racingawards. The
95	Florida Thoroughbred Breeders' Association is authorized to
96	receive these payments from the permitholders and make payments
97	of awards earned. The Florida Thoroughbred Breeders'
98	Association has the right to withhold up to 10 percent of the
99	permitholder's payments under this section as a fee for
100	administering the payments of awards and for general promotion
101	of the industry. The permitholder shall remit these payments to
102	the Florida Thoroughbred Breeders' Association by the 5th day of
103	each calendar month for such sums accruing during the preceding
104	calendar month and shall report such payments to the division as
105	prescribed by the division. With the exception of the 10-
106	percent fee, the moneys paid by the permitholders shall be
107	maintained in a separate, interest-bearing account, and such
108	payments together with any interest earned shall be used
109	exclusively for the payment of breeders',awards and stallion,
110	or special racingawards in accordance with the following
111	provisions:
112	(a) The breeder of each Florida-bred thoroughbred horse
113	winning a thoroughbred horse race is entitled to an award of up
114	to, but not exceeding, 20 percent of the announced gross purse,
115	including nomination fees, eligibility fees, starting fees,
116	supplementary fees, and moneys added by the sponsor of the race.
117	(b) The owner or owners of the sire of a Florida-bred
118	thoroughbred horse that wins a stakes race is entitled to a
119	stallion award of up to, but not exceeding, 20 percent of the
120	announced gross purse, including nomination fees, eligibility
121	fees, starting fees, supplementary fees, and moneys added by the
122	sponsor of the race.
123	(c) The owners of registered Florida-bredthoroughbred
124	horses participatingwinning or placingin thoroughbred stakes
125	races, nonstakes races, or both may receive a special racingan
126	award in accordance with the agreementa plan established
127	pursuant toins. 550.26165(1).
128	(d) In order for a breeder of a Florida-bred thoroughbred
129	horse to be eligible to receive a breeder's award, or for the
130	owners of a registered Florida-bred thoroughbred horse to be
131	eligible to receive an award under paragraph (c),the horse must
132	have been registered as a Florida-bred horse with the Florida
133	Thoroughbred Breeders' Association, and the Jockey Club
134	certificate for the horse must show that it has been duly
135	registered as a Florida-bred horse as evidenced by the seal and
136	proper serial number of the Florida Thoroughbred Breeders'
137	Association registry. The Florida Thoroughbred Breeders'
138	Association shall be permitted to charge the registrant a
139	reasonable fee for this verification and registration.
140	(e) In order for an owner of the sire of a thoroughbred
141	horse winning a stakes race to be eligible to receive a stallion
142	award, the stallion must have been registered with the Florida
143	Thoroughbred Breeders' Association, and the breeding of the
144	registered Florida-bred horse must have occurred in this state.
145	The stallion must be standing permanently in this state during
146	the period of time between February 1 and June 15 of each year
147	or, if the stallion is dead, must have stood permanently in this
148	state for a period of not less than 1 year immediately prior to
149	its death. The removal of a stallion from this state during the
150	period of time between February 1 and June 15 of any year for
151	any reason, other than exclusively for prescribed medical
152	treatment, as approved by the Florida Thoroughbred Breeders'
153	Association, renders the owner or owners of the stallion
154	ineligible to receive a stallion award under any circumstances
155	for offspring sired prior to removal; however, if a removed
156	stallion is returned to this state, all offspring sired
157	subsequent to the return make the owner or owners of the
158	stallion eligible for the stallion award but only for those
159	offspring sired subsequent to such return to this state. The
160	Florida Thoroughbred Breeders' Association shall maintain
161	complete records showing the date the stallion arrived in this
162	state for the first time, whether or not the stallion remained
163	in the state permanently, the location of the stallion, and
164	whether the stallion is still standing in this state and
165	complete records showing awards earned, received, and
166	distributed. The association may charge the owner, owners, or
167	breeder a reasonable fee for this service.
168	(f) A permitholder conducting a thoroughbred horse race
169	under the provisions of this chapter shall, within 30 days after
170	the end of the race meet during which the race is conducted,
171	certify to the Florida Thoroughbred Breeders' Association such
172	information relating to the thoroughbred horses winning a stakes
173	or other horserace at the meet as may be required to determine
174	the eligibility for payment of breeders',awards and stallion,
175	and special racingawards.
176	(g) The Florida Thoroughbred Breeders' Association shall
177	maintain complete records showing the starters and winners in
178	all races conducted at thoroughbred tracks in this state; shall
179	maintain complete records showing awards earned, received, and
180	distributed; and may charge the owner, owners, or breeder a
181	reasonable fee for this service.
182	(h) The Florida Thoroughbred Breeders' Association shall
183	annually establish a uniform rate and procedure for the payment
184	of breeders' and stallion awards and shall make breeders' and
185	stallion award payments in strict compliance with the
186	established uniform rate and procedure plan. The plan may set a
187	cap on winnings and may limit, exclude, or defer payments to
188	certain classes of races, such as the Florida stallion stakes
189	races, in order to assure that there are adequate revenues to
190	meet the proposed uniform rate. Such plan must include proposals
191	for the general promotion of the industry. Priority shall be
192	placed upon imposing such restrictions in lieu of allowing the
193	uniform rate to be less than 15 percent of the total purse
194	payment. The uniform rate and procedure plan must be approved
195	by the division before implementation. In the absence of an
196	approved plan and procedure, the authorized rate for breeders'
197	and stallion awards is 15 percent of the announced gross purse
198	for each race. Such purse must include nomination fees,
199	eligibility fees, starting fees, supplementary fees, and moneys
200	added by the sponsor of the race. If the funds in the account
201	for payment of breeders' and stallion awards are not sufficient
202	to meet all earned breeders' and stallion awards, those breeders
203	and stallion owners not receiving payments have first call on
204	any subsequent receipts in that or any subsequent year.
205	(i) The Florida Thoroughbred Breeders' Association shall
206	keep accurate records showing receipts and disbursements of such
207	payments and shall annually file a full and complete report to
208	the division showing such receipts and disbursements and the
209	sums withheld for administration. The division may audit the
210	records and accounts of the Florida Thoroughbred Breeders'
211	Association to determine that payments have been made to
212	eligible breeders and stallion owners in accordance with this
213	section.
214	(j) If the division finds that the Florida Thoroughbred
215	Breeders' Association has not complied with any provision of
216	this section, the division may order the association to cease
217	and desist from receiving funds and administering funds received
218	under this section. If the division enters such an order, the
219	permitholder shall make the payments authorized in this section
220	to the division for deposit into the Pari-mutuel Wagering Trust
221	Fund; and any funds in the Florida Thoroughbred Breeders'
222	Association account shall be immediately paid to the Division of
223	Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
224	Trust Fund. The division shall authorize payment from these
225	funds to any breeder or stallion owner entitled to an award that
226	has not been previously paid by the Florida Thoroughbred
227	Breeders' Association in accordance with the applicable rate.
228	Section 3. Subsection (4) of section 550.5251, Florida
229	Statutes, is amended to read:
230	550.5251 Florida thoroughbred racing; certain permits;
231	operating days.--
232	(4) A thoroughbred racing permitholder may not begin any
233	race later than 7 p.m. However,Any thoroughbred permitholder in
234	a county in which the authority for cardrooms has been approved
235	by the board of county commissioners may elect not tooperate a
236	cardroom and,when conducting live races during its current race
237	meet, mayand instead toreceive and rebroadcast out-of-state
238	races after the hour of 7 p.m. on any day during which the
239	permitholder conducts live races. However, such permitholder may
240	not engage in both operating a cardroom and receiving or
241	rebroadcasting out-of-state races after 7 p.m. Permitholders
242	shall be required to elect between either operating a cardroom
243	or engaging in simulcasting after 7 p.m. at the time of
244	submitting its application for its annual license pursuant to
245	this section.
246	Section 4. Paragraph (a) of subsection (2), subsections
247	(5), (7), and (8), and paragraphs(a) and (d) of subsection (13)
248	of section 849.086, Florida Statutes, are amended to read:
249	849.086 Cardrooms authorized.--
250	(2) DEFINITIONS.--As used in this section:
251	(a) "Authorized gamegames" means a game or series of
252	games of pokeronly those games authorized by s. 849.085(2)(a)
253	andwhich are played in a nonbanking manner.
254	(5) LICENSE REQUIRED; APPLICATION; FEES.--No person may
255	operate a cardroom in this state unless such person holds a
256	valid cardroom license issued pursuant to this section.
257	(a) Only those persons holding a valid cardroom license
258	issued by the division may operate a cardroom. A cardroom
259	license may only be issued to a licensed pari-mutuel
260	permitholder and an authorized cardroom may only be operated at
261	the same facility at which the permitholder is authorized under
262	its valid pari-mutuel wagering permit to conduct pari-mutuel
263	wagering activities. Cardroom licenses are not transferable.
264	(b) After the initial cardroom license is granted, the
265	application for the annual license renewal shall be made in
266	conjunction with the applicant's annual application for its
267	pari-mutuel license. If a permitholder has operated a cardroom
268	during any of the 3 previous fiscal years and fails to include a
269	renewal request for the operation of the cardroom in its annual
270	application for license renewal, the permitholder may amend its
271	annual application to include operation of the cardroom.In
272	order for a cardroom license to be renewed the applicant must
273	have requested, as part of its pari-mutuel annual license
274	application, to conduct at least 90 percent of the total number
275	of live performances conducted by such permitholder during
276	either the state fiscal year in which its initial cardroom
277	license was issued or the state fiscal year immediately prior
278	thereto. If the application is for a harness permitholder
279	cardroom, the applicant must have requested authorization to
280	conduct a minimum of 140 live performances during the state
281	fiscal year immediately prior thereto. If more than one
282	permitholder is operating at a facility, each permitholder must
283	have applied for a license to conduct a full schedule of live
284	racing.
285	(c) Persons seeking a license or a renewal thereof to
286	operate a cardroom shall make application on forms prescribed by
287	the division. Applications for cardroom licenses shall contain
288	all of the information the division, by rule, may determine is
289	required to ensure eligibility.
290	(d) The annual cardroom license fee for each facility
291	shall be $1,000 for the first table and $500 for each additional
292	table to be operated at the cardroom. This license fee shall be
293	deposited by the division with the Treasurer to the credit of
294	the Pari-mutuel Wagering Trust Fund.
295	(7) CONDITIONS FOR OPERATING A CARDROOM.--
296	(a) A cardroom may only be operated onlyat the location
297	specified on the cardroom license issued by the division, and
298	such location may only be the location at which the pari-mutuel
299	permitholder is authorized to conduct pari-mutuel wagering
300	activities pursuant to such permitholder's valid pari-mutuel
301	permit or as otherwise authorized by lawand current license.
302	(b) A cardroom may be operated at the facility only when
303	the facility is authorized to accept wagers on pari-mutuel
304	events during its authorized meet. A cardroom may begin
305	operations within 2 hours prior to the post time of the first
306	pari-mutuel event conducted live at the pari-mutuel facility on
307	which wagers are accepted and must cease operations within 2
308	hours after the conclusion of the last pari-mutuel event
309	conducted live at the pari-mutuel facility on which wagers are
310	accepted.
311	(c) A cardroom operator must at all times employ and
312	provide a nonplaying dealer for each table on which authorized
313	card games which traditionally utilize a dealer are conducted at
314	the cardroom. Such dealers may not have any participatory
315	interest in any game other than the dealing of cards and may not
316	have an interest in the outcome of the game. The providing of
317	such dealers by a licensee shall not be construed as
318	constituting the conducting of a banking game by the cardroom
319	operator.
320	(d) Each cardroom operator shall conspicuously post upon
321	the premises of the cardroom a notice which contains a copy of
322	the cardroom license; a list of authorized games offered by the
323	cardroom; the wagering limits imposed by the house, if any; any
324	additional house rules regarding operation of the cardroom or
325	the playing of any game; and all costs to players to
326	participate, including any rake by the house. In addition, each
327	cardroom operator shall post at each table a notice of the
328	minimum and maximum bets authorized at such table and the fee
329	for participation in the game conducted.
330	(e) The cardroom facility shall be subject to inspection
331	by the division or any law enforcement agency during the
332	licensee's regular business hours. The inspection will
333	specifically encompass the permitholder internal control
334	procedures approved by the division.
335	(f) A cardroom operator may refuse entry to or refuse to
336	allow to play any person who is objectionable, undesirable, or
337	disruptive, but such refusal shall not be on the basis of race,
338	creed, color, religion, sex, national origin, marital status,
339	physical handicap, or age, except as provided in this section.
340	(8) METHOD OF WAGERS; LIMITATION.--
341	(a) No wagering may be conducted using money or other
342	negotiable currency. Games may only be played utilizing a
343	wagering system whereby all players' money is first converted by
344	the house to tokens or chips which shall be used for wagering
345	only at that specific cardroom.
346	(b) The cardroom operator may limit the amount wagered in
347	any game or series of games, but the maximum betwinnings of any
348	player in a single round, hand, or game may not exceed $2$10in
349	value. There may not be more than three raises in any round of
350	betting.The fee charged by the cardroom for participation in
351	the game shall not be included in the calculation of the
352	limitation on the bet amountpot sizeprovided in this
353	paragraph.
354	(13) TAXES AND OTHER PAYMENTS.--
355	(a) Each cardroom operator shall pay a tax to the state of
356	10 percent of the cardroom operation's monthly gross receipts.
357	(d) Each greyhound permitholder that operates a cardroom
358	facility shall use at least 10 percent of such permitholder's
359	cardroom monthly gross receipts to supplement greyhound purses
360	and eachand jai alai permitholder thatwhichoperates a
361	cardroom facility shall useutilizeat least 4 percent of such
362	permitholder's cardroom monthly gross receipts to supplement
363	greyhound purses or jai alai prize money, respectively,during
364	the permitholder's next ensuing pari-mutuel meet. Each
365	thoroughbred and harness horse racing permitholder thatwhich
366	operates a cardroom facility shall useutilizeat least 50
367	percent of such permitholder's cardroom monthly net proceeds as
368	follows: 47 percent to supplement purses and 3 percent to
369	supplement breeders' awards during the permitholder's next
370	ensuing racing meet.
371	Section 5. This act shall take effect July 1, 2003.
372
373	================= T I T L E A M E N D M E N T =================
374	Remove the entire title and insert:
375	A bill to be entitled
376	An act relating to pari-mutuel wagering; amending s.
377	550.26165, F.S.; revising criteria for making breeders'
378	awards for racehorses; amending s. 550.2625, F.S.;
379	providing for payment of special racing awards; amending
380	s. 550.5251, F.S.; authorizing a thoroughbred racing
381	permitholder to operate a cardroom; amending s. 849.086,
382	F.S.; redefining the term "authorized game"; providing for
383	certain permitholders to amend the annual application to
384	include operation of a cardroom; providing requirements
385	for a harness permitholder to operate a cardroom;
386	clarifying requirements for the license fee; revising
387	certain restrictions on the hours that a cardroom may be
388	operated; authorizing the cardroom operator to limit the
389	amount wagered; providing certain restrictions with
390	respect to the amount of bets and the number of raises in
391	a round of betting; providing an effective date.