1 | A bill to be entitled |
2 | An act relating to thoroughbred horse race permitholders; |
3 | amending s. 550.6305, F.S.; limiting the amount a |
4 | thoroughbred permitholder that receives a simulcast |
5 | horserace from an out-of-state track may pay the out-of- |
6 | state track from the pari-mutuel pool; requiring that all |
7 | Florida thoroughbred permitholders that are eligible to |
8 | receive an out-of-state signal must have the opportunity |
9 | to receive such signal under the same terms and conditions |
10 | before any thoroughbred permitholder may receive the |
11 | signal; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (g) of subsection (9) of section |
16 | 550.6305, Florida Statutes, is amended, subsections (10) and |
17 | (11) are renumbered as subsections (11) and (12), respectively, |
18 | and a new subsection (10) is added to said section, to read: |
19 | 550.6305 Intertrack wagering; guest track payments; |
20 | accounting rules.-- |
21 | (9) A host track that has contracted with an out-of-state |
22 | horse track to broadcast live races conducted at such out-of- |
23 | state horse track pursuant to s. 550.3551(5) may broadcast such |
24 | out-of-state races to any guest track and accept wagers thereon |
25 | in the same manner as is provided in s. 550.3551. |
26 | (g)1. Any thoroughbred permitholder which accepts wagers |
27 | on a simulcast signal must make the signal available to any |
28 | permitholder that is eligible to conduct intertrack wagering |
29 | under the provisions of ss. 550.615-550.6345. |
30 | 2. Any thoroughbred permitholder that receives a simulcast |
31 | horserace from an out-of-state track shall not pay the out-of- |
32 | state track for the transmission an amount equal to more than 3 |
33 | percent of the pari-mutuel pool, including the pool at all |
34 | Florida tracks that take the out-of-state signal through that |
35 | particular in-state Florida thoroughbred track, on each race. |
36 | With respect to no more than 18 races per calendar year, a |
37 | thoroughbred track in Florida may not pay an out-of-state |
38 | sending track an amount more than the percentage of the pari- |
39 | mutuel pool charged by the out-of-state sending track during the |
40 | 2003-2004 state fiscal year. |
41 | 3.2. Any thoroughbred permitholder which accepts wagers on |
42 | a simulcast signal received after 6 p.m. must make such signal |
43 | available to any permitholder that is eligible to conduct |
44 | intertrack wagering under the provisions of ss. 550.615- |
45 | 550.6345, including any permitholder located as specified in s. |
46 | 550.615(6). Such guest permitholders are authorized to accept |
47 | wagers on such simulcast signal, notwithstanding any other |
48 | provision of this chapter to the contrary. |
49 | 4.3. Any thoroughbred permitholder which accepts wagers on |
50 | a simulcast signal received after 6 p.m. must make such signal |
51 | available to any permitholder that is eligible to conduct |
52 | intertrack wagering under the provisions of ss. 550.615- |
53 | 550.6345, including any permitholder located as specified in s. |
54 | 550.615(9). Such guest permitholders are authorized to accept |
55 | wagers on such simulcast signals for a number of performances |
56 | not to exceed that which constitutes a full schedule of live |
57 | races for a quarter horse permitholder pursuant to s. |
58 | 550.002(11), notwithstanding any other provision of this chapter |
59 | to the contrary, except that the restrictions provided in s. |
60 | 550.615(9)(a) apply to wagers on such simulcast signals. |
61 |
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62 | No thoroughbred permitholder shall be required to continue to |
63 | rebroadcast a simulcast signal to any in-state permitholder if |
64 | the average per performance gross receipts returned to the host |
65 | permitholder over the preceding 30-day period were less than |
66 | $100. Subject to the provisions of s. 550.615(4), as a condition |
67 | of receiving rebroadcasts of thoroughbred simulcast signals |
68 | under this paragraph, a guest permitholder must accept |
69 | intertrack wagers on all live races conducted by all then- |
70 | operating thoroughbred permitholders. |
71 | (10) Before any thoroughbred permitholder in this state |
72 | may receive a signal from an out-of-state broadcast, all other |
73 | Florida thoroughbred permitholders that are eligible to receive |
74 | such out-of-state signal must have the opportunity to receive |
75 | that signal under the same terms and conditions as the in-state |
76 | permitholder that is to receive the signal. |
77 | (11)(10) All races or games conducted at a permitholder's |
78 | facility, all broadcasts of such races or games, and all |
79 | broadcast rights relating thereto are owned by the permitholder |
80 | at whose facility such races or games are conducted and |
81 | constitute the permitholder's property as defined in s. |
82 | 812.012(4). Transmission, reception of a transmission, |
83 | exhibition, use, or other appropriation of such races or games, |
84 | broadcasts of such races or games, or broadcast rights relating |
85 | thereto without the written consent of the permitholder |
86 | constitutes a theft of such property under s. 812.014; and in |
87 | addition to the penal sanctions contained in s. 812.014, the |
88 | permitholder has the right to avail itself of the civil remedies |
89 | specified in ss. 772.104, 772.11, and 812.035 in addition to any |
90 | other remedies available under applicable state or federal law. |
91 | (12)(11) To the extent that any rights, privileges, or |
92 | immunities granted to pari-mutuel permitholders in this section |
93 | conflict with any provision of any other law or affect any order |
94 | or rule of the Florida Public Service Commission relating to the |
95 | regulation of public utilities and the furnishing to others of |
96 | any communication, wire service, or other similar service or |
97 | equipment, the rights, privileges, and immunities granted under |
98 | this section prevail over such conflicting provision. |
99 | Section 2. This act shall take effect July 1, 2004. |