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A bill to be entitled |
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An act relating to pari-mutuel wagering; amending s. |
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550.09515, F.S; deleting provisions that require a |
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thoroughbred horse permit to be voided and to escheat to |
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the state for failure to operate performances; deleting |
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provisions for the reissuance of such escheated permit; |
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amending s. 550.5251, F.S.; revising provisions for |
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application and issuance of certain thoroughbred horse |
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permits; providing for penalties for failure to operate |
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full schedule of performances by such permitholders; |
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providing procedures for election not to operate live |
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performances; providing that such election shall not |
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affect the validity of a permit; exempting from penalties |
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thoroughbred permitholders who failed to operate full |
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schedule of performances during specified seasons; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (3), (4), (5), (6), and (7) of |
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section 550.09515, Florida Statutes, are amended to read: |
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550.09515 Thoroughbred horse taxes; abandoned interest in |
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a permit for nonpayment of taxes.-- |
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(3)(a) The permit of a thoroughbred horse permitholder who |
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does not pay tax on handle for live thoroughbred horse |
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performances for a full schedule of live races during any 2 |
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consecutive state fiscal years shall be void and shall escheat |
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to and become the property of the state unless such failure to |
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operate and pay tax on handle was the direct result of fire, |
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strike, war, or other disaster or event beyond the ability of |
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the permitholder to control. Financial hardship to the |
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permitholder shall not, in and of itself, constitute just cause |
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for failure to operate and pay tax on handle.
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(b) In order to maximize the tax revenues to the state, |
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the division shall reissue an escheated thoroughbred horse |
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permit to a qualified applicant pursuant to the provisions of |
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this chapter as for the issuance of an initial permit. However, |
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the provisions of this chapter relating to referendum |
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requirements for a pari-mutuel permit shall not apply to the |
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reissuance of an escheated thoroughbred horse permit. As |
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specified in the application and upon approval by the division |
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of an application for the permit, the new permitholder shall be |
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authorized to operate a thoroughbred horse facility anywhere in |
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the same county in which the escheated permit was authorized to |
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be operated, notwithstanding the provisions of s. 550.054(2) |
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relating to mileage limitations.
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(3)(4)In the event that a court of competent jurisdiction |
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determines any of the provisions of this section to be |
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unconstitutional, it is the intent of the Legislature that the |
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provisions contained in this section shall be null and void and |
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that the provisions of s. 550.0951 shall apply to all |
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thoroughbred horse permitholders beginning on the date of such |
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judicial determination. To this end, the Legislature declares |
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that it would not have enacted any of the provisions of this |
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section individually and, to that end, expressly finds them not |
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to be severable. |
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(4)(5)Notwithstanding the provisions of s. |
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550.0951(3)(c), the tax on handle for intertrack wagering on |
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rebroadcasts of simulcast horseraces is 2.4 percent of the |
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handle; provided however, that if the guest track is a |
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thoroughbred track located more than 35 miles from the host |
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track, the host track shall pay a tax of .5 percent of the |
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handle, and additionally the host track shall pay to the guest |
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track 1.9 percent of the handle to be used by the guest track |
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solely for purses. The tax shall be deposited into the Pari- |
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mutuel Wagering Trust Fund. |
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(5)(6)A credit equal to the amount of contributions made |
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by a thoroughbred permitholder during the taxable year directly |
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to the Jockeys' Guild or its health and welfare fund to be used |
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to provide health and welfare benefits for active, disabled, and |
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retired Florida jockeys and their dependents pursuant to |
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reasonable rules of eligibility established by the Jockeys' |
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Guild is allowed against taxes on live handle due for a taxable |
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year under this section. A thoroughbred permitholder may not |
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receive a credit greater than an amount equal to 1 percent of |
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its paid taxes for the previous taxable year. |
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(6)(7)If a thoroughbred permitholder fails to operate all |
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performances on its 2001-2002 license, failure to pay tax on |
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handle for a full schedule of live races for those performances |
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in the 2001-2002 fiscal year does not constitute failure to pay |
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taxes on handle for a full schedule of live races in a fiscal |
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year for the purposes of subsection (3). This subsection may not |
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be construed as forgiving a thoroughbred permitholder from |
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paying taxes on performances conducted at its facility pursuant |
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to its 2001-2002 license other than for failure to operate all |
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performances on its 2001-2002 license. This subsection expires |
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July 1, 2003. |
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Section 2. Subsection (2) of section 550.5251, Florida |
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Statutes, is amended to read: |
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550.5251 Florida thoroughbred racing; certain permits; |
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operating days.-- |
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(2) Each permitholder referred to in subsection (1) shall |
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annually, during the period commencing December 15 of each year |
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and ending January 4 of the following year, file in writing with |
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the division its application to conduct one or more thoroughbred |
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racing meetings during the thoroughbred racing season commencing |
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on the following June 1. Each application shall specify the |
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number and dates of all performances that the permitholder |
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intends to conduct during that thoroughbred racing season. On or |
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before February 15 of each year, the division shall issue a |
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license authorizing each permitholder to conduct performances on |
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the dates specified in its application.Up to March 31 of each |
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year, each permitholder may request and shall be granted changes |
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in its authorized performances and the division shall issue a |
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license on or before April 30 of each year authorizing each |
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permitholder to conduct performances on the dates specified in |
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its application; but thereafter, as a condition precedent to the |
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validity of its license and its right to retain its permit,each |
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permitholder must operate the full number of days authorized on |
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each of the dates set forth in its license or be subject to |
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discipline pursuant to ss. 550.01215(4) and 550.0251(10). On or |
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before February 15 of each year, a permitholder may elect not to |
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operate live performances during the ensuing thoroughbred racing |
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season by filing an amendment to its application indicating its |
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irrevocable election not to operate and the division shall not |
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issue a license to such permitholder. An election not to operate |
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shall not affect the continuing validity of the permit of such |
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permitholder. For the 2003-2004 Florida Thoroughbred Racing |
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Season only, an election not to operate will be effective if |
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delivered to the division on or before July 1, 2003. Any |
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thoroughbred permitholder who failed to operate all performances |
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that it was authorized to operate under the license or licenses |
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issued to it by the division for either or both the 2001-2002 or |
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2002-2003 Florida Thoroughbred Racing Seasons shall be excused |
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from discipline by the division for its failure to operate such |
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performances, and its permit shall be deemed valid and in good |
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standing. |
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Section 3. This act shall take effect upon becoming a law. |