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Senator Oelrich moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 49 and 50,

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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 this state competes

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with 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 this state 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 law to the contrary, it

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is appropriate to provide greater flexibility to thoroughbred

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industry participants in this state so that they may design an

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awards program that is competitive nationally.

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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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this state, without regard to any awards that may be paid under

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s. 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) This subsection shall govern Florida owners' awards

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paid on thoroughbred horse races in this state in the absence of

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a written agreement on file with the division establishing the

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rate, procedure, and eligibility requirements for Florida owners'

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awards, including place of finish, class of race, maximum purse,

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and maximum award, entered into by the permitholder, the Florida

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Thoroughbred Breeders' Association, and the association

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representing a majority of the racehorse owners and trainers at

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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) 9, after the semicolon,

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insert:

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amending s. 550.26165, F.S.; providing legislative intent;

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authorizing the Florida Thoroughbred Breeders' Association

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to pay breeders', stallion, and owners' awards under

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certain circumstances; prohibiting breeders' awards or

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stallion awards from being be paid on thoroughbred horse

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races taking place in other states or countries; providing

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an exception; amending s. 550.2625, F.S.; providing for

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state law to govern the owners' awards paid on

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thoroughbred horse races in this state if a written

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agreement is not on file with the division establishing

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the rate, procedure, and eligibility requirements for

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Florida owners' awards; amending s. 550.5251, F.S.;

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providing an exception to the requirement that each

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licensed thoroughbred permitholder in this state must run

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an average of one race per racing day in which horses bred

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in this state are given preference as entries over non-

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Florida-bred horses;

4/24/2008  3:22:00 PM     14-08628-08