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Senator Oelrich moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 315-369

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and insert:

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     Section 8.  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 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 in this state so that they may

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design an awards program that is competitive nationally, as

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

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pursuant to 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 9.  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 10.  Section 550.5251, Florida Statutes, is amended

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to read:

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     550.5251  Florida thoroughbred racing; certain permits;

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operating days.--

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     (1) Each thoroughbred permitholder under whose permit

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thoroughbred racing was conducted in this state at any time

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between January 1, 1987, and January 1, 1988, shall annually be

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entitled to apply for and annually receive thoroughbred racing

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days and dates as set forth in this section. As regards such

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permitholders, the annual thoroughbred racing season shall be

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from June 1 of any year through May 31 of the following year and

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shall be known as the "Florida Thoroughbred Racing Season."

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     (1)(2) Each permitholder referred to in subsection (1)

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shall annually, during the period commencing December 15 of each

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year and ending January 4 of the following year, file in writing

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with the division its application to conduct one or more

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thoroughbred racing meetings during the thoroughbred racing

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season commencing on the following July June 1. Each application

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shall specify the number and dates of all performances that the

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permitholder intends to conduct during that thoroughbred racing

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season. On or before March February 15 of each year, the division

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shall issue a license authorizing each permitholder to conduct

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performances on the dates specified in its application. Up to

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February 28 March 31 of each year, each permitholder may request

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and shall be granted changes in its authorized performances; but

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thereafter, as a condition precedent to the validity of its

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license and its right to retain its permit, each permitholder

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must operate the full number of days authorized on each of the

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dates set forth in its license.

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     (3) Each thoroughbred permit referred to in subsection (1),

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including, but not limited to, any permit originally issued as a

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summer thoroughbred horse racing permit, is hereby validated and

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shall continue in full force and effect.

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     (2)(4) A thoroughbred racing permitholder may not begin any

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race later than 7 p.m. Any thoroughbred permitholder in a county

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in which the authority for cardrooms has been approved by the

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board of county commissioners may operate a cardroom and, when

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conducting live races during its current race meet, may receive

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and rebroadcast out-of-state races after the hour of 7 p.m. on

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any day during which the permitholder conducts live races.

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     (3)(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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     Delete line(s) 23-27

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and insert:

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prosecution for cruelty to animals; amending s. 550.26165,

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F.S.; providing provisions to allow thoroughbred industry

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participants to design a nationally competitive awards

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program; amending s. 550.2625, F.S.; providing provisions

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that governing Florida owners' awards paid on horse races

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in this state; amending s. 550.5251, F.S.; deleting the

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annual thoroughbred race dates for specified

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permitholders; establishing racing dates for thoroughbred

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meets; deleting provisions requiring summer thoroughbred

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horse racing permits; providing an exception to the

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requirement of thoroughbred permitholders to run horses

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bred and registered in this state; deleting expired permit

4/15/2008  5:04:00 PM     14-07689-08