HB 1555

1
A bill to be entitled
2An act relating to thoroughbred horse race permitholders;
3amending s. 550.6305, F.S.; limiting the amount a
4thoroughbred permitholder that receives a simulcast
5horserace from an out-of-state track may pay the out-of-
6state track from the pari-mutuel pool; requiring that all
7Florida thoroughbred permitholders that are eligible to
8receive an out-of-state signal must have the opportunity
9to receive such signal under the same terms and conditions
10before any thoroughbred permitholder may receive the
11signal; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (g) of subsection (9) of section
16550.6305, Florida Statutes, is amended, subsections (10) and
17(11) are renumbered as subsections (11) and (12), respectively,
18and a new subsection (10) is added to said section, to read:
19     550.6305  Intertrack wagering; guest track payments;
20accounting rules.--
21     (9)  A host track that has contracted with an out-of-state
22horse track to broadcast live races conducted at such out-of-
23state horse track pursuant to s. 550.3551(5) may broadcast such
24out-of-state races to any guest track and accept wagers thereon
25in the same manner as is provided in s. 550.3551.
26     (g)1.  Any thoroughbred permitholder which accepts wagers
27on a simulcast signal must make the signal available to any
28permitholder that is eligible to conduct intertrack wagering
29under the provisions of ss. 550.615-550.6345.
30     2.  Any thoroughbred permitholder that receives a simulcast
31horserace from an out-of-state track shall not pay the out-of-
32state track for the transmission an amount equal to more than 3
33percent of the pari-mutuel pool, including the pool at all
34Florida tracks that take the out-of-state signal through that
35particular in-state Florida thoroughbred track, on each race.
36With respect to no more than 18 races per calendar year, a
37thoroughbred track in Florida may not pay an out-of-state
38sending track an amount more than the percentage of the pari-
39mutuel pool charged by the out-of-state sending track during the
402003-2004 state fiscal year.
41     3.2.  Any thoroughbred permitholder which accepts wagers on
42a simulcast signal received after 6 p.m. must make such signal
43available to any permitholder that is eligible to conduct
44intertrack wagering under the provisions of ss. 550.615-
45550.6345, including any permitholder located as specified in s.
46550.615(6). Such guest permitholders are authorized to accept
47wagers on such simulcast signal, notwithstanding any other
48provision of this chapter to the contrary.
49     4.3.  Any thoroughbred permitholder which accepts wagers on
50a simulcast signal received after 6 p.m. must make such signal
51available to any permitholder that is eligible to conduct
52intertrack wagering under the provisions of ss. 550.615-
53550.6345, including any permitholder located as specified in s.
54550.615(9). Such guest permitholders are authorized to accept
55wagers on such simulcast signals for a number of performances
56not to exceed that which constitutes a full schedule of live
57races for a quarter horse permitholder pursuant to s.
58550.002(11), notwithstanding any other provision of this chapter
59to the contrary, except that the restrictions provided in s.
60550.615(9)(a) apply to wagers on such simulcast signals.
61
62No thoroughbred permitholder shall be required to continue to
63rebroadcast a simulcast signal to any in-state permitholder if
64the average per performance gross receipts returned to the host
65permitholder over the preceding 30-day period were less than
66$100. Subject to the provisions of s. 550.615(4), as a condition
67of receiving rebroadcasts of thoroughbred simulcast signals
68under this paragraph, a guest permitholder must accept
69intertrack wagers on all live races conducted by all then-
70operating thoroughbred permitholders.
71     (10)  Before any thoroughbred permitholder in this state
72may receive a signal from an out-of-state broadcast, all other
73Florida thoroughbred permitholders that are eligible to receive
74such out-of-state signal must have the opportunity to receive
75that signal under the same terms and conditions as the in-state
76permitholder that is to receive the signal.
77     (11)(10)  All races or games conducted at a permitholder's
78facility, all broadcasts of such races or games, and all
79broadcast rights relating thereto are owned by the permitholder
80at whose facility such races or games are conducted and
81constitute the permitholder's property as defined in s.
82812.012(4). Transmission, reception of a transmission,
83exhibition, use, or other appropriation of such races or games,
84broadcasts of such races or games, or broadcast rights relating
85thereto without the written consent of the permitholder
86constitutes a theft of such property under s. 812.014; and in
87addition to the penal sanctions contained in s. 812.014, the
88permitholder has the right to avail itself of the civil remedies
89specified in ss. 772.104, 772.11, and 812.035 in addition to any
90other remedies available under applicable state or federal law.
91     (12)(11)  To the extent that any rights, privileges, or
92immunities granted to pari-mutuel permitholders in this section
93conflict with any provision of any other law or affect any order
94or rule of the Florida Public Service Commission relating to the
95regulation of public utilities and the furnishing to others of
96any communication, wire service, or other similar service or
97equipment, the rights, privileges, and immunities granted under
98this section prevail over such conflicting provision.
99     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.