Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
CHAMBER ACTION
Senate House
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11 Senator Argenziano moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 3 and 4,
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16 insert:
17 Section 3. Subsections (1), (4), (7), and (10) of
18 section 550.334, Florida Statutes, are amended to read:
19 550.334 Quarter horse racing; substitutions.--
20 (1) Subject to all the applicable provisions of this
21 chapter, any person who possesses the qualifications
22 prescribed in this chapter may apply to the division for a
23 permit to conduct quarter horse race meetings and racing under
24 this chapter. The applicant must demonstrate that the
25 location or locations where the permit will be used are
26 available for such use and that she or he has the financial
27 ability to satisfy the reasonably anticipated operational
28 expenses of the first racing year following final issuance of
29 the permit. If the racing facility is already built, the
30 application must contain a statement, with reasonable
31 supporting evidence, that the permit will be used for quarter
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
1 horse racing within 1 year after the date on which it is
2 granted; if the facility is not already built, the application
3 must contain a statement, with reasonable supporting evidence,
4 that substantial construction will be started within 1 year
5 after the issuance of the permit. After receipt of an
6 application, the division shall convene to consider and act
7 upon permits applied for. The division shall disapprove an
8 application if it fails to meet the requirements of this
9 chapter. Upon each application filed and approved, a permit
10 shall be issued setting forth the name of the applicant and a
11 statement showing qualifications of the applicant to conduct
12 racing under this chapter. If a favorable referendum on a
13 pari-mutuel facility has not been held previously within the
14 county, then, before a quarter horse permit may be issued by
15 the division, a referendum ratified by a majority of the
16 electors in the county is required on the question of allowing
17 quarter horse races within that county; but if there is an
18 extraordinary vote of the board of county commissioners of
19 that county to allow quarter horse racing, the requirement for
20 a referendum does not apply.
21 (4) Section Sections 550.054 is, 550.0651, and 550.175
22 are inapplicable to quarter horse racing as permitted under
23 this section. All other provisions of this chapter apply to,
24 govern, and control such racing, and the same must be
25 conducted in compliance therewith.
26 (7)(a) Any quarter horse racing permitholder operating
27 under a valid permit issued by the division is authorized to
28 substitute other races of other breeds of horses, except
29 thoroughbreds, which are, respectively, registered with the
30 American Paint Horse Association, Appaloosa Horse Club,
31 Arabian Horse Registry of America, Jockey Club, Palomino Horse
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
1 Breeders of America, or United States Trotting Association,
2 for no more than 50 percent of the quarter horse races daily,
3 and may substitute races of thoroughbreds registered with the
4 Jockey Club for no more than 50 percent of the quarter horse
5 races daily with the written consent of all greyhound,
6 harness, and thoroughbred permitholders whose pari-mutuel
7 facilities are located within 50 air miles of such quarter
8 horse racing permitholder's pari-mutuel facility.
9 (b) Any permittee operating within an area of 50 air
10 miles of a licensed thoroughbred track may not substitute
11 thoroughbred races under this section while a thoroughbred
12 horse race meet is in progress within that 50 miles. Any
13 permittee operating within an area of 125 air miles of a
14 licensed thoroughbred track may not substitute live
15 thoroughbred races under this section while a thoroughbred
16 permittee who pays taxes under s. 550.09515(2)(a) is
17 conducting a thoroughbred meet within that 125 miles. These
18 mileage restrictions do not apply to any permittee that holds
19 a nonwagering permit issued pursuant to s. 550.505. Races
20 comprised of thoroughbred horses under this section registered
21 with the Jockey Club may not be permitted during the period
22 beginning September 1 and ending January 5 of each year in any
23 county where there are one or more licensed dog tracks
24 conducting race meets. This section does not affect the
25 competitive award of matinee performances to jai alai frontons
26 or dog tracks in opposition to races comprised of thoroughbred
27 horses registered with the Jockey Club under this section.
28 (10) Intertrack wagering shall not be authorized for
29 any quarter horse permitholder without the written consent of
30 all greyhound, harness, and thoroughbred permitholders whose
31 pari-mutuel facilities are located within 50 air miles of such
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
1 quarter horse permitholder's pari-mutuel facility an existing
2 greyhound track unless such quarter horse permitholder has
3 incurred a minimum capital expenditure of at least $7.5
4 million. "Capital expenditure" means an expenditure, including
5 an expenditure for a construction project undertaken by a
6 quarter horse permitholder as its own contractor, which, under
7 generally accepted accounting principles, is not properly
8 chargeable as an expense of operation and maintenance; and
9 includes the cost, in current value, of the studies, surveys,
10 designs, plans, working drawings, specifications, refinancing
11 costs, and other activities essential to the acquisition,
12 improvement, expansion, or replacement of the plant and
13 equipment.
14 Section 4. Paragraph (a) of subsection (5) and
15 paragraph (a) of subsection (17) of section 849.086, Florida
16 Statutes, are amended to read:
17 849.086 Cardrooms authorized.--
18 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person
19 may operate a cardroom in this state unless such person holds
20 a valid cardroom license issued pursuant to this section.
21 (a) Only those persons holding a valid cardroom
22 license issued by the division may operate a cardroom. A
23 cardroom license may only be issued to a licensed pari-mutuel
24 permitholder and an authorized cardroom may only be operated
25 at the same facility at which the permitholder is authorized
26 under its valid pari-mutuel wagering permit to conduct
27 pari-mutuel wagering activities. Cardroom licenses are not
28 transferable.
29 (17) CHANGE OF LOCATION; REFERENDUM.--
30 (a) Notwithstanding any provisions of this section, no
31 cardroom gaming license issued under this section shall be
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
1 transferred, or reissued when such reissuance is in the nature
2 of a transfer, so as to permit or authorize a licensee to
3 change the location of the cardroom except upon proof in such
4 form as the division may prescribe that a referendum election
5 has been held:
6 1. If the proposed new location is within the same
7 county as the already licensed location, in the county where
8 the licensee desires to conduct cardroom gaming and that a
9 majority of the electors voting on the question in such
10 election voted in favor of the transfer of such license.
11 However, the division shall transfer, without the requirement
12 of a referendum election, the cardroom license of any
13 permitholder that relocated its permit pursuant to s.
14 550.0555.
15 2. If the proposed new location is not within the same
16 county as the already licensed location, in the county where
17 the licensee desires to conduct cardroom gaming and that a
18 majority of the electors voting on that question in each such
19 election voted in favor of the transfer of such license.
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21 (Redesignate subsequent sections.)
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, lines 2-12, delete those lines
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28 and insert:
29 An act relating to pari-mutuel permitholders;
30 amending s. 550.002, F.S.; redefining the term
31 "full schedule of live racing or games" for
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. SB 342
Barcode 560374
1 certain jai alai permitholders; amending s.
2 550.09511, F.S.; providing for license fees and
3 taxes for certain jai alai permitholders;
4 assessing a fee for a jai alai permitholder
5 that fails to apply for and be issued an annual
6 license to conduct performances; providing for
7 disposition of the fee by rule of the division;
8 amending s. 550.334, F.S.; revising permitting
9 and operational requirements for quarter horse
10 permitholders; amending s. 849.086, F.S.;
11 removing a prohibition on the transfer of
12 cardroom licenses; providing for transfer of
13 the cardroom license when a permit is relocated
14 within a county under certain conditions;
15 providing an effective date.
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