HB 1285

1	A bill to be entitled
2	An act relating to quarter horse permitholders; amending
3	s. 550.002, F.S.; revising the definition of "full
4	schedule of live racing or games" in reference to quarter
5	horse permitholders; amending s. 550.334, F.S.; removing
6	provisions for application to the Division of Pari-mutuel
7	Wagering for a permit to conduct quarter horse race
8	meetings; removing provisions for granting a license to
9	conduct quarter horse racing; removing a provision for
10	governance and control of quarter horse racing; removing
11	provisions restricting substitution of thoroughbred horses
12	races; removing a requirement for intertrack wagering to
13	be conducted by a quarter horse permitholder; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (11) of section 550.002, Florida
19	Statutes, is amended to read:
20	550.002  Definitions.--As used in this chapter, the term:
21	(11)  "Full schedule of live racing or games" means, for a
22	greyhound or jai alai permitholder, the conduct of a combination
23	of at least 100 live evening or matinee performances during the
24	preceding year; for a permitholder who has a converted permit or
25	filed an application on or before June 1, 1990, for a converted
26	permit, the conduct of a combination of at least 100 live
27	evening and matinee wagering performances during either of the 2
28	preceding years; for a jai alai permitholder who does not
29	operate slot machines in its pari-mutuel facility, who has
30	conducted at least 100 live performances per year for at least
31	10 years after December 31, 1992, and whose handle on live jai
32	alai games conducted at its pari-mutuel facility has been less
33	than $4 million per state fiscal year for at least 2 consecutive
34	years after June 30, 1992, the conduct of a combination of at
35	least 40 live evening or matinee performances during the
36	preceding year; for a jai alai permitholder who operates slot
37	machines in its pari-mutuel facility, the conduct of a
38	combination of at least 150 performances during the preceding
39	year; for a harness permitholder, the conduct of at least 100
40	live regular wagering performances during the preceding year;
41	for a quarter horse permitholder, the conduct of at least 40
42	live regular wagering events performances during the preceding
43	year; and for a thoroughbred permitholder, the conduct of at
44	least 40 live regular wagering performances during the preceding
45	year. For a permitholder which is restricted by statute to
46	certain operating periods within the year when other members of
47	its same class of permit are authorized to operate throughout
48	the year, the specified number of live performances which
49	constitute a full schedule of live racing or games shall be
50	adjusted pro rata in accordance with the relationship between
51	its authorized operating period and the full calendar year and
52	the resulting specified number of live performances shall
53	constitute the full schedule of live games for such permitholder
54	and all other permitholders of the same class within 100 air
55	miles of such permitholder. A live performance must consist of
56	no fewer than eight races or games conducted live for each of a
57	minimum of three performances each week at the permitholder's
58	licensed facility under a single admission charge.
59	Section 2.  Section 550.334, Florida Statutes, is amended
60	to read:
61	550.334  Quarter horse racing; substitutions.--
62	(1)  Subject to all the applicable provisions of this
63	chapter, any person who possesses the qualifications prescribed
64	in this chapter may apply to the division for a permit to
65	conduct quarter horse race meetings and racing under this
66	chapter. The applicant must demonstrate that the location or
67	locations where the permit will be used are available for such
68	use and that she or he has the financial ability to satisfy the
69	reasonably anticipated operational expenses of the first racing
70	year following final issuance of the permit. If the racing
71	facility is already built, the application must contain a
72	statement, with reasonable supporting evidence, that the permit
73	will be used for quarter horse racing within 1 year after the
74	date on which it is granted; if the facility is not already
75	built, the application must contain a statement, with reasonable
76	supporting evidence, that substantial construction will be
77	started within 1 year after the issuance of the permit. After
78	receipt of an application, the division shall convene to
79	consider and act upon permits applied for. The division shall
80	disapprove an application if it fails to meet the requirements
81	of this chapter. Upon each application filed and approved, a
82	permit shall be issued setting forth the name of the applicant
83	and a statement showing qualifications of the applicant to
84	conduct racing under this chapter. If a favorable referendum on
85	a pari-mutuel facility has not been held previously within the
86	county, then, before a quarter horse permit may be issued by the
87	division, a referendum ratified by a majority of the electors in
88	the county is required on the question of allowing quarter horse
89	races within that county.
90	(2)  After a quarter horse racing permit has been granted
91	by the division, the department shall grant to the lawful holder
92	of such permit, subject to the conditions of this section, a
93	license to conduct quarter horse racing under this chapter; and
94	the division shall fix annually the time when, place where, and
95	number of days upon which racing may be conducted by such
96	quarter horse racing permitholder. After the first license has
97	been issued to the holder of a permit for quarter horse racing,
98	all subsequent annual applications for a license by a
99	permitholder must be accompanied by proof, in such form as the
100	division requires, that the permitholder still possesses all the
101	qualifications prescribed by this chapter. The division may
102	revoke any permit or license issued under this section upon the
103	willful violation by the licensee of any provision of this
104	chapter or any rule adopted by the division under this chapter.
105	The division shall revoke any quarter horse permit under which
106	no live racing has ever been conducted before July 7, 1990, for
107	failure to conduct a horse meet pursuant to the license issued
108	where a full schedule of horseracing has not been conducted for
109	a period of 18 months commencing on October 1, 1990, unless the
110	permitholder has commenced construction on a facility at which a
111	full schedule of live racing could be conducted as approved by
112	the division. "Commenced construction" means initiation of and
113	continuous activities beyond site preparation associated with
114	erecting or modifying a horseracing facility, including
115	procurement of a building permit applying the use of approved
116	construction documents, proof of an executed owner/contractor
117	agreement or an irrevocable or binding forced account, and
118	actual undertaking of foundation forming with steel installation
119	and concrete placing. The 18-month period shall be extended by
120	the division, to the extent that the applicant demonstrates to
121	the satisfaction of the division that good faith commencement of
122	the construction of the facility is being delayed by litigation
123	or by governmental action or inaction with respect to
124	regulations or permitting precluding commencement of the
125	construction of the facility.
126	(1)(3)  The operator of any licensed racetrack is
127	authorized to lease such track to any quarter horse racing
128	permitholder for the conduct of quarter horse racing under this
129	chapter.
130	(4)  Section 550.054 is inapplicable to quarter horse
131	racing as permitted under this section. All other provisions of
132	this chapter apply to, govern, and control such racing, and the
133	same must be conducted in compliance therewith.
134	(2)(5)  Quarter horses participating in such races must be
135	duly registered by the American Quarter Horse Association, and
136	before each race such horses must be examined and declared in
137	fit condition by a qualified person designated by the division.
138	(3)(6)  Any quarter horse racing days permitted under this
139	chapter are in addition to any other racing permitted under the
140	license issued the track where such quarter horse racing is
141	conducted.
142	(4)(7)(a)  Any quarter horse racing permitholder operating
143	under a valid permit issued by the division is authorized to
144	substitute races of other breeds of horses, except
145	thoroughbreds, which are, respectively, registered with the
146	American Paint Horse Association, Appaloosa Horse Club, Arabian
147	Horse Registry of America, Palomino Horse Breeders of America,
148	or United States Trotting Association, or for no more than 50
149	percent of the quarter horse races daily, and may substitute
150	races of thoroughbreds registered with the Jockey Club for no
151	more than 50 percent of the quarter horse races during its meet
152	daily with the written consent of all greyhound, harness, and
153	thoroughbred permitholders whose pari-mutuel facilities are
154	located within 50 air miles of such quarter horse racing
155	permitholder's pari-mutuel facility.
156	(b)  Any permittee operating within an area of 50 air miles
157	of a licensed thoroughbred track may not substitute thoroughbred
158	races under this section while a thoroughbred horse race meet is
159	in progress within that 50 miles. Any permittee operating within
160	an area of 125 air miles of a licensed thoroughbred track may
161	not substitute live thoroughbred races under this section while
162	a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
163	is conducting a thoroughbred meet within that 125 miles. These
164	mileage restrictions do not apply to any permittee that holds a
165	nonwagering permit issued pursuant to s. 550.505.
166	(8)  A quarter horse permit issued pursuant to this section
167	is not eligible for transfer or conversion to another type of
168	pari-mutuel operation.
169	(5)(9)  Any nonprofit corporation, including, but not
170	limited to, an agricultural cooperative marketing association,
171	organized and incorporated under the laws of this state may
172	apply for a quarter horse racing permit and operate racing meets
173	under such permit, provided all pari-mutuel taxes and fees
174	applicable to such racing are paid by the corporation. However,
175	insofar as its pari-mutuel operations are concerned, the
176	corporation shall be considered to be a corporation for profit
177	and is subject to taxation on all property used and profits
178	earned in connection with its pari-mutuel operations.
179	(10)  Intertrack wagering shall not be authorized for any
180	quarter horse permitholder without the written consent of all
181	greyhound, harness, and thoroughbred permitholders whose pari-
182	mutuel facilities are located within 50 air miles of such
183	quarter horse permitholder's pari-mutuel facility.
184	Section 3.  This act shall take effect July 1, 2009.

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