HB 0913 2003
1	A bill to be entitled
2	An act relating to pari-mutuel wagering; amending s.
3	550.3551, F.S.; removing a restriction on receiving
4	certain broadcasts of horseraces conducted at other
5	described horse racetracks; clarifying provisions relating
6	to a licensed horse racetrack receiving and engaging in
7	pari-mutuel wagering on simulcast horseraces; amending s.
8	550.5251, F.S.; removing certain restrictions on when
9	certain horseraces, cardroom operations, and receiving or
10	rebroadcasting of certain races are permitted; removing a
11	requirement that certain applicants elect either operating
12	a cardroom or engaging in simulcasting; amending s.
13	550.615, F.S.; removing certain restrictions on intertrack
14	wagers on specified races and games; providing that any
15	permitholder may receive broadcasts of and accept wagers
16	on any other permitholder under specified conditions;
17	amending s. 550.6305, F.S.; revising requirements of
18	certain permitholders which accept wagers on a simulcast
19	signal; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Subsection (3) of section 550.3551, Florida
24	Statutes, is amended, and subsection (15) is added to said
25	section, to read:
26	550.3551 Transmission of racing and jai alai information;
27	commingling of pari-mutuel pools.--
28	(3) Any horse track licensed under this chapter may
29	receive broadcasts of horseraces conducted at other horse
30	racetracks located outside this state at the racetrack enclosure
31	of the licensee during its racing meet.
32	(a) All broadcasts of horseraces received from locations
33	outside this state must comply with the provisions of the
34	Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
35	3001 et seq.
36	(b) Wagers accepted at the horse track in this state may
37	be, but are not required to be, included in the pari-mutuel
38	pools of the out-of-state horse track that broadcasts the race.
39	Notwithstanding any contrary provisions of this chapter, if the
40	horse track in this state elects to include wagers accepted on
41	such races in the pari-mutuel pools of the out-of-state horse
42	track that broadcasts the race, from the amount wagered by
43	patrons at the horse track in this state and included in the
44	pari-mutuel pools of the out-of-state horse track, the horse
45	track in this state shall deduct as the takeout from the amount
46	wagered by patrons at the horse track in this state and included
47	in the pari-mutuel pools of the out-of-state horse track a
48	percentage equal to the percentage deducted from the amount
49	wagered at the out-of-state racetrack as is authorized by the
50	laws of the jurisdiction exercising regulatory authority over
51	the out-of-state horse track.
52	(c) All forms of pari-mutuel wagering are allowed on races
53	broadcast under this section, and all money wagered by patrons
54	on such races shall be computed as part of the total amount of
55	money wagered at each racing performance for purposes of
56	taxation under ss. 550.0951, 550.09512, and 550.09515. Section
57	550.2625(2)(a), (b), and (c) does not apply to any money wagered
58	on races broadcast under this section. Similarly, the takeout
59	shall be increased by breaks and uncashed tickets for wagers on
60	races broadcast under this section, notwithstanding any contrary
61	provision of this chapter.
62	(15) Nothing in this chapter shall be construed as
63	preventing a licensed horse track from receiving and engaging in
64	pari-mutuel wagering on simulcast horseraces.
65	Section 2. Subsections (4), (5), (6), and (7) of section
66	550.5251, Florida Statutes, are amended to read:
67	550.5251 Florida thoroughbred racing; certain permits;
68	operating days.--
69	(4) A thoroughbred racing permitholder may not begin any
70	race later than 7 p.m. However, any thoroughbred permitholder in
71	a county in which the authority for cardrooms has been approved
72	by the board of county commissioners may elect not to operate a
73	cardroom when conducting live races during its current race meet
74	and instead to receive and rebroadcast out-of-state races after
75	the hour of 7 p.m. on any day during which the permitholder
76	conducts live races. However, such permitholder may not engage
77	in both operating a cardroom and receiving or rebroadcasting
78	out-of-state races after 7 p.m. Permitholders shall be required
79	to elect between either operating a cardroom or engaging in
80	simulcasting after 7 p.m. at the time of submitting its
81	application for its annual license pursuant to this section.
82	(4)(5)(a) Each licensed thoroughbred permitholder in this
83	state must run an average of one race per racing day in which
84	horses bred in this state and duly registered with the Florida
85	Thoroughbred Breeders' Association have preference as entries
86	over non-Florida-bred horses. All licensed thoroughbred
87	racetracks shall write the conditions for such races in which
88	Florida-bred horses are preferred so as to assure that all
89	Florida-bred horses available for racing at such tracks are
90	given full opportunity to run in the class of races for which
91	they are qualified. The opportunity of running must be afforded
92	to each class of horses in the proportion that the number of
93	horses in this class bears to the total number of Florida-bred
94	horses available. A track is not required to write conditions
95	for a race to accommodate a class of horses for which a race
96	would otherwise not be run at the track during its meeting.
97	(b) Each licensed thoroughbred permitholder in this state
98	may run one additional race per racing day composed exclusively
99	of Arabian horses registered with the Arabian Horse Registry of
100	America. Any licensed thoroughbred permitholder that elects to
101	run one additional race per racing day composed exclusively of
102	Arabian horses registered with the Arabian Horse Registry of
103	America is not required to provide stables for the Arabian
104	horses racing under this paragraph.
105	(c) Each licensed thoroughbred permitholder in this state
106	may run up to three additional races per racing day composed
107	exclusively of quarter horses registered with the American
108	Quarter Horse Association.
109	(5)(6)Notwithstanding the provisions of subsection (2), a
110	thoroughbred permitholder who fails to operate all performances
111	on its 2001-2002 license does not lose its right to retain its
112	permit. Such thoroughbred permitholder is eligible for issuance
113	of an annual license pursuant to s. 550.0115 for subsequent
114	thoroughbred racing seasons. The division shall take no
115	disciplinary action against such thoroughbred permitholder for
116	failure to operate all licensed performances for the 2001-2002
117	license pursuant to this section or s. 550.01215. This section
118	may not be interpreted to prohibit the division from taking
119	disciplinary action against a thoroughbred permitholder for
120	failure to pay taxes on performances operated pursuant to its
121	2001-2002 license. This subsection expires July 1, 2003.
122	(6)(7)A thoroughbred permitholder shall file an amendment
123	with the division no later than July 1, 2002, that indicates
124	that it will not be able to operate the performances scheduled
125	on its 2002-2003 license without imposition of any penalty for
126	failure to operate all licensed performances provided in this
127	chapter. This subsection expires July 1, 2003.
128	Section 3. Subsection (6) of section 550.615, Florida
129	Statutes, is amended to read:
130	550.615 Intertrack wagering.--
131	(6) Notwithstanding the provisions of subsection (3), in
132	any area of the state where there are three or more horserace
133	permitholders within 25 miles of each other, intertrack wagering
134	between permitholders in said area of the state shall only be
135	authorized under the following conditions: Any permitholder,
136	other than a thoroughbred permitholder, may accept intertrack
137	wagers on races or games conducted live by a permitholder of the
138	same class or any harness permitholder located within such area
139	and any harness permitholder may accept wagers on games
140	conducted live by any jai alai permitholder located within its
141	market area and from a jai alai permitholder located within the
142	area specified in this subsection when no jai alai permitholder
143	located within its market area is conducting live jai alai
144	performances; any greyhound or jai alai permitholdermay receive
145	broadcasts of and accept wagers on any other permitholder of the
146	other classprovided that a permitholder, other than the host
147	track, of such other class is not operating a contemporaneous
148	live performance within the market area.
149	Section 4. Subsection (9) of section 550.6305, Florida
150	Statutes, is amended to read:
151	550.6305 Intertrack wagering; guest track payments;
152	accounting rules.--
153	(9) A host track that has contracted with an out-of-state
154	horse track to broadcast live races conducted at such out-of-
155	state horse track pursuant to s. 550.3551(5) may broadcast,
156	during its live meet,such out-of-state races to any guest track
157	and accept wagers thereon in the same manner as is provided in
158	s. 550.3551.
159	(a) For purposes of this section, “net proceeds” means the
160	amount of takeout remaining after the payment of state taxes,
161	purses required pursuant to s. 550.0951(3)(c)1., the cost to the
162	permitholder required to be paid to the out-of-state horse
163	track, and breeders' awards paid to the Florida Thoroughbred
164	Breeders' Association and the Florida Standardbred Breeders and
165	Owners Association, to be used as set forth in s. 550.625(2)(a)
166	and (b).
167	(b) Notwithstanding the provisions of subsection (1) and
168	s. 550.625(1) and (2)(a), the distribution of the net proceeds
169	that are retained by a thoroughbred host track from the takeout
170	on an out-of-state race rebroadcast under this subsection shall
171	be as follows:
172	1. One-third of the remainder of such proceeds shall be
173	paid to the guest track;
174	2. One-third of the remainder of such proceeds shall be
175	retained by the host track; and
176	3. One-third of the remainder of such proceeds shall be
177	paid by the host track as purses at the host track.
178	(c) All guest tracks other than thoroughbred permitholders
179	that are eligible to receive wagers on out-of-state horseraces
180	rebroadcast from a host track racing under a thoroughbred horse
181	permit shall be subject to the distribution of the net proceeds
182	as specified in paragraph (a) unless the host and guest
183	permitholders and the recognized horseman's group agree to a
184	different distribution of their respective portions of the
185	proceeds by contract.
186	(d) Any permitholder located in any area of the state
187	where there are only two permits, one for dogracing and one for
188	jai alai, may accept wagers on rebroadcasts of out-of-state
189	thoroughbred horse races from an in-state thoroughbred horse
190	racing permitholder and shall not be subject to the provisions
191	of paragraph (b) if such thoroughbred horse racing permitholder
192	located within the area specified in this paragraph is both
193	conducting live races and accepting wagers on out-of-state
194	horseraces. In such case, the guest permitholder shall be
195	entitled to 45 percent of the net proceeds on wagers accepted at
196	the guest facility. The remaining proceeds shall be distributed
197	as follows: one-half shall be retained by the host facility and
198	one-half shall be paid by the host facility as purses at the
199	host facility.
200	(e) Notwithstanding the provisions of subsection (1) and
201	s. 550.625(1) and (2)(b), the proceeds that are retained by a
202	harness host facility from the takeout on a race broadcast under
203	this subsection shall be distributed as follows:
204	1. Of the total intertrack handle on the broadcast, 1
205	percent shall be deducted from the proceeds and paid to the
206	Florida Standardbred Breeders and Owners Association, Inc., to
207	be used as set forth in s. 550.625(2)(b);
208	2. One-third of the remainder of such proceeds shall be
209	paid to the guest facility;
210	3. One-third of the remainder of such proceeds shall be
211	retained by the host facility; and
212	4. One-third of the remainder of said proceeds shall be
213	paid by the host facility as purses at the host facility.
214	(f) Any permitholder located in any area of the state
215	where there are only two permits, one for dogracing and one for
216	jai alai, may accept wagers on rebroadcasts of out-of-state
217	harness horse races from an in-state harness horse racing
218	permitholder and shall not be subject to the provisions of
219	paragraph (b) if such harness horse racing permitholder located
220	within the area specified in this paragraph is conducting live
221	races. In such case, the guest permitholder shall be entitled to
222	45 percent of the net proceeds on wagers accepted at the guest
223	facility. The remaining proceeds shall be distributed as
224	follows: one-half shall be retained by the host facility and
225	one-half shall be paid by the host facility as purses at the
226	host facility.
227	(g)1. Any thoroughbred permitholder which accepts wagers
228	on a simulcast signal must, during its live meet,make the
229	signal available to any permitholder that is eligible to conduct
230	intertrack wagering under the provisions of ss. 550.615-
231	550.6345.
232	2. Any thoroughbred permitholder which accepts wagers on a
233	simulcast signal received after 6 p.m. must, during its live
234	meet,make such signal available to any permitholder that is
235	eligible to conduct intertrack wagering under the provisions of
236	ss. 550.615-550.6345, including any permitholder located as
237	specified in s. 550.615(6). Such guest permitholders are
238	authorized to accept wagers on such simulcast signal,
239	notwithstanding any other provision of this chapter to the
240	contrary.
241	3. Any thoroughbred permitholder which accepts wagers on a
242	simulcast signal received after 6 p.m. must make such signal
243	available to any permitholder that is eligible to conduct
244	intertrack wagering under the provisions of ss. 550.615-
245	550.6345, including any permitholder located as specified in s.
246	550.615(9). Such guest permitholders are authorized to accept
247	wagers on such simulcast signals for a number of performances
248	not to exceed that which constitutes a full schedule of live
249	races for a quarter horse permitholder pursuant to s.
250	550.002(11), notwithstanding any other provision of this chapter
251	to the contrary, except that the restrictions provided in s.
252	550.615(9)(a) apply to wagers on such simulcast signals.
253
254	No thoroughbred permitholder shall be required to continue to
255	rebroadcast a simulcast signal to any in-state permitholder if
256	the average per performance gross receipts returned to the host
257	permitholder over the preceding 30-day period were less than
258	$100. Subject to the provisions of s. 550.615(4), as a condition
259	of receiving rebroadcasts of thoroughbred simulcast signals
260	under this paragraph, a guest permitholder must accept
261	intertrack wagers on all live races conducted by all then-
262	operating thoroughbred permitholders.
263	Section 5. This act shall take effect upon becoming a law.