HB 1009

1	A bill to be entitled
2	An act relating to quarter horse race meetings; amending
3	s. 550.334, F.S.; removing provisions for application to
4	the Division of Pari-mutuel Wagering for a permit to
5	conduct quarter horse race meetings; removing provisions
6	for granting a license to conduct quarter horse racing;
7	removing a provision for governance and control of quarter
8	horse racing; removing a requirement for intertrack
9	wagering to be conducted by a quarter horse permitholder;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 550.334, Florida Statutes, is amended
15	to read:
16	550.334  Quarter horse racing; substitutions.--
17	(1)  Subject to all the applicable provisions of this
18	chapter, any person who possesses the qualifications prescribed
19	in this chapter may apply to the division for a permit to
20	conduct quarter horse race meetings and racing under this
21	chapter. The applicant must demonstrate that the location or
22	locations where the permit will be used are available for such
23	use and that she or he has the financial ability to satisfy the
24	reasonably anticipated operational expenses of the first racing
25	year following final issuance of the permit. If the racing
26	facility is already built, the application must contain a
27	statement, with reasonable supporting evidence, that the permit
28	will be used for quarter horse racing within 1 year after the
29	date on which it is granted; if the facility is not already
30	built, the application must contain a statement, with reasonable
31	supporting evidence, that substantial construction will be
32	started within 1 year after the issuance of the permit. After
33	receipt of an application, the division shall convene to
34	consider and act upon permits applied for. The division shall
35	disapprove an application if it fails to meet the requirements
36	of this chapter. Upon each application filed and approved, a
37	permit shall be issued setting forth the name of the applicant
38	and a statement showing qualifications of the applicant to
39	conduct racing under this chapter. If a favorable referendum on
40	a pari-mutuel facility has not been held previously within the
41	county, then, before a quarter horse permit may be issued by the
42	division, a referendum ratified by a majority of the electors in
43	the county is required on the question of allowing quarter horse
44	races within that county.
45	(2)  After a quarter horse racing permit has been granted
46	by the division, the department shall grant to the lawful holder
47	of such permit, subject to the conditions of this section, a
48	license to conduct quarter horse racing under this chapter; and
49	the division shall fix annually the time when, place where, and
50	number of days upon which racing may be conducted by such
51	quarter horse racing permitholder. After the first license has
52	been issued to the holder of a permit for quarter horse racing,
53	all subsequent annual applications for a license by a
54	permitholder must be accompanied by proof, in such form as the
55	division requires, that the permitholder still possesses all the
56	qualifications prescribed by this chapter. The division may
57	revoke any permit or license issued under this section upon the
58	willful violation by the licensee of any provision of this
59	chapter or any rule adopted by the division under this chapter.
60	The division shall revoke any quarter horse permit under which
61	no live racing has ever been conducted before July 7, 1990, for
62	failure to conduct a horse meet pursuant to the license issued
63	where a full schedule of horseracing has not been conducted for
64	a period of 18 months commencing on October 1, 1990, unless the
65	permitholder has commenced construction on a facility at which a
66	full schedule of live racing could be conducted as approved by
67	the division. "Commenced construction" means initiation of and
68	continuous activities beyond site preparation associated with
69	erecting or modifying a horseracing facility, including
70	procurement of a building permit applying the use of approved
71	construction documents, proof of an executed owner/contractor
72	agreement or an irrevocable or binding forced account, and
73	actual undertaking of foundation forming with steel installation
74	and concrete placing. The 18-month period shall be extended by
75	the division, to the extent that the applicant demonstrates to
76	the satisfaction of the division that good faith commencement of
77	the construction of the facility is being delayed by litigation
78	or by governmental action or inaction with respect to
79	regulations or permitting precluding commencement of the
80	construction of the facility.
81	(1)(3)  The operator of any licensed racetrack is
82	authorized to lease such track to any quarter horse racing
83	permitholder for the conduct of quarter horse racing under this
84	chapter.
85	(4)  Section 550.054 is inapplicable to quarter horse
86	racing as permitted under this section. All other provisions of
87	this chapter apply to, govern, and control such racing, and the
88	same must be conducted in compliance therewith.
89	(2)(5)  Quarter horses participating in such races must be
90	duly registered by the American Quarter Horse Association, and
91	before each race such horses must be examined and declared in
92	fit condition by a qualified person designated by the division.
93	(3)(6)  Any quarter horse racing days permitted under this
94	chapter are in addition to any other racing permitted under the
95	license issued the track where such quarter horse racing is
96	conducted.
97	(4)(7)(a)  Any quarter horse racing permitholder operating
98	under a valid permit issued by the division is authorized to
99	substitute races of other breeds of horses, except
100	thoroughbreds, which are, respectively, registered with the
101	American Paint Horse Association, Appaloosa Horse Club, Arabian
102	Horse Registry of America, Palomino Horse Breeders of America,
103	or United States Trotting Association, for no more than 50
104	percent of the quarter horse races daily, and may substitute
105	races of thoroughbreds registered with the Jockey Club for no
106	more than 50 percent of the quarter horse races daily with the
107	written consent of all greyhound, harness, and thoroughbred
108	permitholders whose pari-mutuel facilities are located within 50
109	air miles of such quarter horse racing permitholder's pari-
110	mutuel facility.
111	(b)  Any permittee operating within an area of 50 air miles
112	of a licensed thoroughbred track may not substitute thoroughbred
113	races under this section while a thoroughbred horse race meet is
114	in progress within that 50 miles. Any permittee operating within
115	an area of 125 air miles of a licensed thoroughbred track may
116	not substitute live thoroughbred races under this section while
117	a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
118	is conducting a thoroughbred meet within that 125 miles. These
119	mileage restrictions do not apply to any permittee that holds a
120	nonwagering permit issued pursuant to s. 550.505.
121	(5)(8)  A quarter horse permit issued pursuant to this
122	section is not eligible for transfer or conversion to another
123	type of pari-mutuel operation.
124	(6)(9)  Any nonprofit corporation, including, but not
125	limited to, an agricultural cooperative marketing association,
126	organized and incorporated under the laws of this state may
127	apply for a quarter horse racing permit and operate racing meets
128	under such permit, provided all pari-mutuel taxes and fees
129	applicable to such racing are paid by the corporation. However,
130	insofar as its pari-mutuel operations are concerned, the
131	corporation shall be considered to be a corporation for profit
132	and is subject to taxation on all property used and profits
133	earned in connection with its pari-mutuel operations.
134	(10)  Intertrack wagering shall not be authorized for any
135	quarter horse permitholder without the written consent of all
136	greyhound, harness, and thoroughbred permitholders whose pari-
137	mutuel facilities are located within 50 air miles of such
138	quarter horse permitholder's pari-mutuel facility.
139	Section 2.  This act shall take effect July 1, 2008.

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