Senate Bill sb2834c1

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    Florida Senate - 2003                           CS for SB 2834

    By the Committee on Regulated Industries; and Senator
    Haridopolos




    315-2510-03

  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         repealing s. 550.09515(3), F.S., relating to

  4         provisions that require a thoroughbred horse

  5         permit to be voided and to escheat to the state

  6         for failure of a permitholder to operate

  7         performances; deleting provisions for the

  8         reissuance of such escheated permit; amending

  9         s. 550.5251, F.S.; revising provisions

10         governing application and issuance of certain

11         thoroughbred horse permits; providing for

12         penalties for failure to operate a full

13         schedule of performances by permitholders;

14         providing procedures for electing not to

15         operate live performances; providing that such

16         election does not affect the validity of a

17         permit; exempting from penalties thoroughbred

18         permitholders who failed to operate a full

19         schedule of performances during specified

20         seasons; providing for a study of issues

21         related to permitholders under ch. 550, F.S.;

22         providing an effective date.

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

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26         Section 1.  Subsection (3) of section 550.09515,

27  Florida Statutes, is repealed.

28         Section 2.  Subsection (2) of section 550.5251, Florida

29  Statutes, is amended to read:

30         550.5251  Florida thoroughbred racing; certain permits;

31  operating days.--

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    Florida Senate - 2003                           CS for SB 2834
    315-2510-03




 1         (2)  Each permitholder referred to in subsection (1)

 2  shall annually, during the period commencing December 15 of

 3  each year and ending January 4 of the following year, file in

 4  writing with the division its application to conduct one or

 5  more thoroughbred racing meetings during the thoroughbred

 6  racing season commencing on the following June 1. Each

 7  application shall specify the number and dates of all

 8  performances that the permitholder intends to conduct during

 9  that thoroughbred racing season.  On or before February 15 of

10  each year, the division shall issue a license authorizing each

11  permitholder to conduct performances on the dates specified in

12  its application.  Up to March 31 of each year, each

13  permitholder may request and shall be granted changes in its

14  authorized performances and the division shall issue a license

15  on or before April 30 of each year authorizing each

16  permitholder to conduct performances on the dates specified in

17  its application; and but thereafter, as a condition precedent

18  to the validity of its license and its right to retain its

19  permit, each permitholder must operate the full number of days

20  authorized on each of the dates set forth in its license or be

21  subject to discipline pursuant to ss. 550.01215(4) and

22  550.0251(10). On or before February 15 of each year, a

23  permitholder may elect not to operate live performances during

24  the ensuing thoroughbred racing season by filing an amendment

25  to its application indicating its irrevocable election not to

26  operate, and the division shall not issue a license to such

27  permitholder. An election not to operate does not affect the

28  continuing validity of the permit of such permitholder. For

29  the 2003-2004 Florida Thoroughbred Racing Season only, an

30  election not to operate shall be effective if delivered to the

31  division on or before July 1, 2003. Any thoroughbred

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    Florida Senate - 2003                           CS for SB 2834
    315-2510-03




 1  permitholder who failed to operate all performances that it

 2  was authorized to operate under the license or licenses issued

 3  to it by the division for either or both the 2001-2002 or

 4  2002-2003 Florida Thoroughbred Racing Seasons shall be excused

 5  from discipline by the division for its failure to operate

 6  such performances, and its permit shall be deemed valid and in

 7  good standing.

 8         Section 3.  The Department of Business and Professional

 9  Regulation shall study and review chapter 550, Florida

10  Statutes, as it pertains to the issues related to the

11  pari-mutuel permitholders governed by the provisions of that

12  chapter. The department shall report the results of this study

13  to the President of the Senate and the Speaker of the House of

14  Representatives by February 1, 2004. The study shall be

15  staffed and funded from existing resources of the department.

16         Section 4.  This act shall take effect upon becoming a

17  law.

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    Florida Senate - 2003                           CS for SB 2834
    315-2510-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2834

 3                                 

 4  It deletes the provision that removed the requirement that
    broadcasts of horseraces conducted at horse racetracks located
 5  outside the state may only be received by a Florida horse
    racing track only during its racing meet.
 6  
    It deletes the language that provided that chapter 550 does
 7  not prevent a licensed horse track from receiving and engaging
    in pari-mutuel wagering on simulcast horseraces.
 8  
    It deletes the provision that removed the language that
 9  thoroughbred tracks could not race after 7 p.m. and that the
    horse tracks had to choose between operating a cardroom and
10  conducting simulcast wagering after 7 p.m.

11  It deletes the provision that removed the language that allows
    a thoroughbred permitholder to file an amendment with the
12  division no later than July 1, 2002, to indicate that it would
    not run the performance scheduled on its 2002-2003 license and
13  avoid any penalties for failure to operate those dates.

14  It deletes the provision that provided that a host track that
    has contracted with an out of state horse track may
15  rebroadcast those live races during its live meet to any guest
    track and accept wagers on those out of state races.
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    It deletes the requirements that thoroughbred permitholders
17  must make a simulcast signal available to other qualified
    permitholders during its live meet.
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    It deletes the provision that removed the requirement that any
19  thoroughbred permitholder who accepts wagers on a simulcast
    signal received after 6 p.m. must make the signal available to
20  any permitholder that is eligible to conduct intertrack
    wagering.
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