Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
Barcode 494710
CHAMBER ACTION
Senate House
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11 The Committee on Regulated Industries (Jones and Hill)
12 recommended the following substitute for amendment (310780):
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsections (1), (4), (7) and (10) of
19 section 550.334, Florida Statutes, are amended to read:
20 550.334 Quarter horse racing; substitutions.--
21 (1) Subject to all the applicable provisions of this
22 chapter, any person who possesses the qualifications
23 prescribed in this chapter may apply to the division for a
24 permit to conduct quarter horse race meetings and racing under
25 this chapter. The applicant must demonstrate that the
26 location or locations where the permit will be used are
27 available for such use and that she or he has the financial
28 ability to satisfy the reasonably anticipated operational
29 expenses of the first racing year following final issuance of
30 the permit. If the racing facility is already built, the
31 application must contain a statement, with reasonable
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
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1 supporting evidence, that the permit will be used for quarter
2 horse racing within 1 year after the date on which it is
3 granted; if the facility is not already built, the application
4 must contain a statement, with reasonable supporting evidence,
5 that substantial construction will be started within 1 year
6 after the issuance of the permit. After receipt of an
7 application, the division shall convene to consider and act
8 upon permits applied for. The division shall disapprove an
9 application if it fails to meet the requirements of this
10 chapter. Upon each application filed and approved, a permit
11 shall be issued setting forth the name of the applicant and a
12 statement showing qualifications of the applicant to conduct
13 racing under this chapter. If a favorable referendum on a
14 pari-mutuel facility has not been held previously within the
15 county, then, before a quarter horse permit may be issued by
16 the division, a referendum ratified by a majority of the
17 electors in the county is required on the question of allowing
18 quarter horse races within that county; but if there is an
19 extraordinary vote of the board of county commissioners of
20 that county to allow quarter horse racing, the requirement for
21 a referendum does not apply.
22 (4) Section Sections 550.054, 550.0651, and 550.175
23 are is inapplicable to quarter horse racing as permitted under
24 this section. All other provisions of this chapter apply to,
25 govern, and control such racing, and the same must be
26 conducted in compliance therewith.
27 (7)(a) Any quarter horse racing permitholder operating
28 under a valid permit issued by the division is authorized to
29 substitute other races of other breeds of horses, except
30 thoroughbreds, which are, respectively, registered with the
31 American Paint Horse Association, Appaloosa Horse Club,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
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1 Arabian Horse Registry of America, Jockey Club, Palomino
2 Horsee Breeders of America, or United States Trotting
3 Association, for no more than 50 percent of the quarter horse
4 races daily, and may substitute races of thoroughbreds
5 registered with the Jockey Club for no more than 50 percent of
6 the quarter horse races daily with the written consent of all
7 greyhound, harness, and thoroughbred permitholders whose
8 pari-mutuel facilities are located within 50 air miles of such
9 quarter horse racing permitholder's pari-mutuel facility.
10 (b) Any permittee operating within an area of 50 air
11 miles of a licensed thoroughbred track may not substitute
12 thoroughbred races under this section while a thoroughbred
13 horse race meet is in progress within that 50 miles. Any
14 permittee operating within an area of 125 air miles of a
15 licensed thoroughbred track may not substitute live
16 thoroughbred races under this section while a thoroughbred
17 permittee who pays taxes under s. 550.09515(2)(a) is
18 conducting a thoroughbred meet within that 125 miles. These
19 mileage restrictions do not apply to any permittee that holds
20 a nonwagering permit issued pursuant to s. 550.505. Races
21 comprised of thoroughbred horses under this section registered
22 with the Jockey Club may not be permitted during the period
23 beginning September 1 and ending January 5 of each year in any
24 county where there are one or more licensed dog tracks
25 conducting race meets. This section does not affect the
26 competitive award of matinee performances to jai alai frontons
27 or dog tracks in opposition to races comprised of thoroughbred
28 horses registered with the Jockey Club under this section.
29 (10) Intertrack wagering shall not be authorized for
30 any quarter horse permitholder without the written consent of
31 all greyhound, harness, and thoroughbred permitholders whose
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
Barcode 494710
1 pari-mutuel facilities are located within 50 air miles of such
2 quarter horse permitholder's pari-mutuel facility an existing
3 greyhound track unless such quarter horse permitholder has
4 incurred a minimum capital expenditure of at least $7.5
5 million. "Capital expenditure" means an expenditure, including
6 an expenditure for a construction project undertaken by a
7 quarter horse permitholder as its own contractor, which, under
8 generally accepted accounting principles, is not properly
9 chargeable as an expense of operation and maintenance; and
10 includes the cost, in current value, of the studies, surveys,
11 designs, plans, working drawings, specifications, refinancing
12 costs, and other activities essential to the acquisition,
13 improvement, expansion, or replacement of the plant and
14 equipment.
15 Section 2. Subsections (5) and (17) of section
16 849.086, Florida 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 COMMITTEE AMENDMENT
Bill No. SB 956
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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 requirement of a
12 referendum election, the cardroom license of any permitholder
13 that relocated its permit pursuant to s. 550.0555.
14 2. If the proposed new location is not within the same
15 county as the already licensed location, in the county where
16 the licensee desires to conduct cardroom gaming and that a
17 majority of the electors voting on that question in each such
18 election voted in favor of the transfer of such license.
19 Section 3. Paragraph (b) of subsection (7) of section
20 849.086, Florida Statutes is amended to read:
21 849.086 Cardrooms authorized.--
22 (7) CONDITIONS FOR OPERATING A CARDROOM.--
23 (b) A cardroom may be operated at the facility only
24 when the facility is authorized to accept wagers on
25 pari-mutuel events during its authorized meet. A cardroom may
26 only operate between the hours of 12 noon and 12 midnight on
27 any day in which the facility conducts wagering on intertrack
28 racing or games or on live racing or games. on any day a
29 pari-mutuel event is conducted live as a part of its
30 authorized meet. However, a permitholder who holds a valid
31 cardroom license may operate a cardroom between the hours of
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
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1 12 noon and 12 midnight on any day that live racing of the
2 same class of permit is occurring within 35 miles of its
3 facility if no other holder of that same class of permit
4 within 35 miles is operating a cardroom at such time and if
5 all holders of the same class of permit within the 35-mile
6 area have given their permission in writing to the
7 permitholder to operate the cardroom during the designated
8 period. Application to operate a cardroom under this paragraph
9 must be made to the division as part of the annual license
10 application.
11 Section 4. Effective upon the passage of SB 1174 or
12 similar legislation, subsection (11) is added to section
13 550.615, Florida Statutes to read:
14 550.615 Intertrack wagering.--
15 (11)Notwithstanding any provisions contained in this
16 chapter, thoroughbred permitholders located within 25 miles of
17 each other may enter into a contractual agreement to conduct
18 intertrack wagering on live or simulcast thoroughbred races,
19 provided however, that a copy of such contractual agreement
20 shall be filed with the division.
21 Section 5. Except as otherwise provided this act shall
22 take effect July 1, 2005.
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25 ================ T I T L E A M E N D M E N T ===============
26 And the title is amended as follows:
27 Delete everything before the enacting clause
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29 and insert:
30 A bill to be entitled
31 A act relating to pari-mutuels; amending s.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 956
Barcode 494710
1 550.334, F.S.; revising permitting and
2 operational requirements for quarterhorse
3 permitholders; amending s. 849.086, F.S.;
4 allowing cardroom licenses to be transferred;
5 providing that a referendum is not required for
6 transfer; providing cardrooms can be operated
7 on days wagering on intertrack racing or games
8 or live racing; amending s. 550.615, F.S.,
9 allowing thoroughbred permitholders to enter
10 into agreement for simulcating; providing an
11 effective date.
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