Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 2378

325698

CHAMBER ACTION

Senate

Comm: WD

4/22/2008

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House



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The Committee on General Government Appropriations (Baker)

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recommended the following amendment to amendment (909426):

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     Senate Amendment (with title amendment)

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     Between line(s) 43 and 44,

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insert:

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     Section 2.  Subsection (5) is added to section 550.26165,

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Florida Statutes, to read:

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     550.26165  Breeders' awards.--

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     (5) The Legislature recognizes that Florida competes with

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other states to attract thoroughbred breeding and training

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operations. The awards programs created in this chapter are

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intended to encourage such operations to locate in Florida and

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must be responsive to rapidly changing programs in other states.

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To this end, and notwithstanding any other provision of law to

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the contrary, it is appropriate to provide greater flexibility to

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thoroughbred industry participants so that they may design an

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awards program that is nationally competitive as provided in this

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subsection.

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     (a) The Florida Thoroughbred Breeders' Association may

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elect, as part of its annual plan, to pay breeders' awards on

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horses finishing in first, second, or third place in thoroughbred

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horse races; to pay breeders' awards in an amount greater than 20

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percent and less than 15 percent of the announced gross purse;

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and to vary the rates for breeders' awards based upon the place

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of finish, class of race, the state or country in which the race

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took place, and the state in which the stallion siring the horse

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was standing when the horse was conceived.

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     (b) The Florida Thoroughbred Breeders' Association may

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elect, as part of its annual plan, to pay stallion awards on

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horses finishing in first, second, or third place in thoroughbred

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horse races; to pay stallion awards in an amount greater than 20

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percent and less than 15 percent of the announced gross purse; to

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reduce or eliminate stallion awards in order to enhance breeders'

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awards or awards under paragraph (c); and to vary the rates for

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stallion awards based upon the place of finish, class of race,

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and the state or country in which the race took place.

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     (c) From the funds dedicated in this chapter for use as

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breeders' awards and stallion awards, the Florida Thoroughbred

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Breeders' Association may elect, as part of its annual plan, to

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pay awards to owners of registered Florida-bred horses finishing

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in first, second, or third place in thoroughbred horse races in

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Florida, regardless of any awards that may be paid pursuant to s.

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550.2625(6).

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     (d) Breeders' awards or stallion awards under this chapter

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may not be paid on thoroughbred horse races taking place in other

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states or countries unless agreed to in writing by all

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thoroughbred permitholders in this state, the Florida

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Thoroughbred Breeders' Association, and the Florida Horsemen's

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Benevolent and Protective Association, Inc.

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     Section 3.  Paragraph (e) is added to subsection (6) of

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section 550.2625, Florida Statutes, to read:

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     550.2625  Horseracing; minimum purse requirement, Florida

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breeders' and owners' awards.--

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     (6)

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     (e) The provisions of this subsection shall govern Florida

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owners' awards paid on thoroughbred horse races in this state in

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the absence of a written agreement on file with the division

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which establishes the rate, procedure, and eligibility

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requirements for Florida owners' awards, including place of

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finish, class of race, maximum purse, and maximum award, entered

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into by the permitholder, the Florida Thoroughbred Breeders'

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Association, and the association representing a majority of the

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racehorse owners and trainers at that permitholder's location.

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     Section 4.  Paragraph (a) of subsection (5) of section

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550.5251, Florida Statutes, is amended to read:

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     550.5251  Florida thoroughbred racing; certain permits;

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operating days.--

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     (5)(a)  Each licensed thoroughbred permitholder in this

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state must run an average of one race per racing day in which

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horses bred in this state and duly registered with the Florida

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Thoroughbred Breeders' Association have preference as entries

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over non-Florida-bred horses, unless otherwise agreed to in

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writing by the permitholder, the Florida Thoroughbred Breeders'

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Association, and the association representing a majority of the

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thoroughbred racehorse owners and trainers at that location. All

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licensed thoroughbred racetracks shall write the conditions for

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such races in which Florida-bred horses are preferred so as to

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assure that all Florida-bred horses available for racing at such

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tracks are given full opportunity to run in the class of races

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for which they are qualified. The opportunity of running must be

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afforded to each class of horses in the proportion that the

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number of horses in this class bears to the total number of

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Florida-bred horses available. A track is not required to write

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conditions for a race to accommodate a class of horses for which

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a race would otherwise not be run at the track during its

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meeting.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 58, after the semicolon,

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insert:

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amending s. 550.26165, F.S.; recognizing that the state

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competes with other states to attract thoroughbred

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breeding and training operations; providing legislative

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intent to encourage such operations to locate in the

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state; providing the Florida Thoroughbred Breeders'

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Association greater flexibility in designing certain

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awards programs; prohibiting the payment of breeders'

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awards or stallion awards on thoroughbred horse races

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taking place in other states or countries unless otherwise

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agreed to in writing; amending s. 550.2625, F.S.;

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providing that certain requirements apply in the absence

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of a written agreement on file with the Division of Pari-

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mutuel Wagering; amending s. 550.5251, F.S.; providing an

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exception to certain permitting requirements for

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thoroughbred racing;

4/21/2008  7:58:00 PM     20-08224-08

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