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A bill to be entitled

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An act relating to quarter horse racing; amending s.

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550.334, F.S.; removing provisions requiring an

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application to the Division of Pari-mutuel Wagering for a

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permit to conduct quarter horse race meetings; removing

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provisions for granting a license to conduct quarter horse

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racing; removing a provision for governance and control of

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quarter horse racing; removing a requirement for

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intertrack wagering to be conducted by a quarter horse

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permitholder; providing for a grandfather clause;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 550.334, Florida Statutes, is amended to

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read:

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     550.334  Quarter horse racing; substitutions.--

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     (1) Subject to all the applicable provisions of this

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chapter, any person who possesses the qualifications prescribed

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in this chapter may apply to the division for a permit to conduct

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quarter horse race meetings and racing under this chapter. The

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applicant must demonstrate that the location or locations where

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the permit will be used are available for such use and that she

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or he has the financial ability to satisfy the reasonably

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anticipated operational expenses of the first racing year

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following final issuance of the permit. If the racing facility is

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already built, the application must contain a statement, with

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reasonable supporting evidence, that the permit will be used for

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quarter horse racing within 1 year after the date on which it is

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granted; if the facility is not already built, the application

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must contain a statement, with reasonable supporting evidence,

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that substantial construction will be started within 1 year after

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the issuance of the permit. After receipt of an application, the

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division shall convene to consider and act upon permits applied

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for. The division shall disapprove an application if it fails to

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meet the requirements of this chapter. Upon each application

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filed and approved, a permit shall be issued setting forth the

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name of the applicant and a statement showing qualifications of

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the applicant to conduct racing under this chapter. If a

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favorable referendum on a pari-mutuel facility has not been held

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previously within the county, then, before a quarter horse permit

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may be issued by the division, a referendum ratified by a

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majority of the electors in the county is required on the

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question of allowing quarter horse races within that county.

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     (2) After a quarter horse racing permit has been granted by

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the division, the department shall grant to the lawful holder of

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such permit, subject to the conditions of this section, a license

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to conduct quarter horse racing under this chapter; and the

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division shall fix annually the time when, place where, and

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number of days upon which racing may be conducted by such quarter

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horse racing permitholder. After the first license has been

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issued to the holder of a permit for quarter horse racing, all

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subsequent annual applications for a license by a permitholder

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must be accompanied by proof, in such form as the division

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requires, that the permitholder still possesses all the

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qualifications prescribed by this chapter. The division may

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revoke any permit or license issued under this section upon the

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willful violation by the licensee of any provision of this

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chapter or any rule adopted by the division under this chapter.

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The division shall revoke any quarter horse permit under which no

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live racing has ever been conducted before July 7, 1990, for

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failure to conduct a horse meet pursuant to the license issued

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where a full schedule of horseracing has not been conducted for a

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period of 18 months commencing on October 1, 1990, unless the

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permitholder has commenced construction on a facility at which a

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full schedule of live racing could be conducted as approved by

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the division. "Commenced construction" means initiation of and

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continuous activities beyond site preparation associated with

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erecting or modifying a horseracing facility, including

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procurement of a building permit applying the use of approved

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construction documents, proof of an executed owner/contractor

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agreement or an irrevocable or binding forced account, and actual

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undertaking of foundation forming with steel installation and

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concrete placing. The 18-month period shall be extended by the

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division, to the extent that the applicant demonstrates to the

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satisfaction of the division that good faith commencement of the

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construction of the facility is being delayed by litigation or by

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governmental action or inaction with respect to regulations or

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permitting precluding commencement of the construction of the

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facility.

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     (1)(3) The operator of any licensed racetrack is authorized

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to lease such track to any quarter horse racing permitholder for

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the conduct of quarter horse racing under this chapter.

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     (4) Section 550.054 is inapplicable to quarter horse racing

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as permitted under this section. All other provisions of this

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chapter apply to, govern, and control such racing, and the same

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must be conducted in compliance therewith.

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     (2)(5) Quarter horses participating in such races must be

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duly registered by the American Quarter Horse Association, and

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before each race such horses must be examined and declared in fit

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condition by a qualified person designated by the division.

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     (3)(6) Any quarter horse racing days permitted under this

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chapter are in addition to any other racing permitted under the

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license issued the track where such quarter horse racing is

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conducted.

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     (4)(7)(a) Any quarter horse racing permitholder operating

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under a valid permit issued by the division is authorized to

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substitute races of other breeds of horses, except thoroughbreds,

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which are, respectively, registered with the American Paint Horse

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Association, Appaloosa Horse Club, Arabian Horse Registry of

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America, Palomino Horse Breeders of America, or United States

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Trotting Association, for no more than 50 percent of the quarter

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horse races daily, and may substitute races of thoroughbreds

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registered with the Jockey Club for no more than 50 percent of

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the quarter horse races daily with the written consent of all

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greyhound, harness, and thoroughbred permitholders whose pari-

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mutuel facilities are located within 50 air miles of such quarter

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horse racing permitholder's pari-mutuel facility.

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     (b)  Any permittee operating within an area of 50 air miles

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of a licensed thoroughbred track may not substitute thoroughbred

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races under this section while a thoroughbred horse race meet is

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in progress within that 50 miles. Any permittee operating within

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an area of 125 air miles of a licensed thoroughbred track may not

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substitute live thoroughbred races under this section while a

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thoroughbred permittee who pays taxes under s. 550.09515(2)(a) is

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conducting a thoroughbred meet within that 125 miles. These

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mileage restrictions do not apply to any permittee that holds a

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nonwagering permit issued pursuant to s. 550.505.

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     (5)(8) A quarter horse permit issued pursuant to this

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section is not eligible for transfer or conversion to another

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type of pari-mutuel operation.

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     (6)(9) Any nonprofit corporation, including, but not

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limited to, an agricultural cooperative marketing association,

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organized and incorporated under the laws of this state may apply

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for a quarter horse racing permit and operate racing meets under

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such permit, provided all pari-mutuel taxes and fees applicable

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to such racing are paid by the corporation. However, insofar as

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its pari-mutuel operations are concerned, the corporation shall

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be considered to be a corporation for profit and is subject to

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taxation on all property used and profits earned in connection

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with its pari-mutuel operations.

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     (10) Intertrack wagering shall not be authorized for any

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quarter horse permitholder without the written consent of all

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greyhound, harness, and thoroughbred permitholders whose pari-

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mutuel facilities are located within 50 air miles of such quarter

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horse permitholder's pari-mutuel facility.

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     Section 2. A person submitting a quarter horse permit

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application to the Division of Pari-mutuel Wagering before March

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30, 2008, is subject to the criteria for approval of a quarter

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horse permit which was in existence before July 1, 2008.

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     Section 3.  This act shall take effect July 1, 2008.