| 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. |