Florida Senate - 2009                                    SB 2200
       
       
       
       By Senator Oelrich
       
       
       
       
       14-01481A-09                                          20092200__
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel wagering; amending s.
    3         550.26165, F.S.; providing for certain flexibility in
    4         the awards programs of the Florida Thoroughbred
    5         Breeders' Association in order to attract thoroughbred
    6         breeding and training operations; prohibiting the
    7         association from giving certain awards under certain
    8         circumstances; amending s. 550.2625, F.S.; clarifying
    9         provisions relating to owners' awards; amending s.
   10         550.5251, F.S.; providing an exception to requirements
   11         relating to required races for thoroughbred
   12         permitholders; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (5) is added to section 550.26165,
   17  Florida Statutes, to read:
   18         550.26165 Breeders' awards.—
   19         (5)(a)The awards programs in this chapter, which are
   20  intended to encourage thoroughbred breeding and training
   21  operations to locate in this state, must be responsive to
   22  rapidly changing incentive programs in other states. To attract
   23  such operations, it is appropriate to provide greater
   24  flexibility to thoroughbred industry participants in this state
   25  so that they may design competitive awards programs.
   26         (b)Notwithstanding any other provision of law to the
   27  contrary, the Florida Thoroughbred Breeders’ Association, as
   28  part of its annual plan, may:
   29         1.Pay breeders’ awards on horses finishing in first,
   30  second, or third place in thoroughbred horse races; pay
   31  breeders’ awards that are greater than 20 percent and less than
   32  15 percent of the announced gross purse; and vary the rates for
   33  breeders’ awards, based upon the place of finish, class of race,
   34  state or country in which the race took place, and the state in
   35  which the stallion siring the horse was standing when the horse
   36  was conceived;
   37         2.Pay stallion awards on horses finishing in first,
   38  second, or third place in thoroughbred horse races; pay stallion
   39  awards that are greater than 20 percent and less than 15 percent
   40  of the announced gross purse; reduce or eliminate stallion
   41  awards to enhance breeders’ awards or awards under subparagraph
   42  3; and vary the rates for stallion awards, based upon the place
   43  of finish,class of race, and state or country in which the race
   44  took place; and
   45         3.Pay awards from the funds dedicated for breeders’ awards
   46  and stallion awards to owners of registered Florida-bred horses
   47  finishing in first, second, or third place in thoroughbred horse
   48  races in this state, without regard to any awards paid pursuant
   49  to s. 550.2625(6).
   50         (c)Breeders’ awards or stallion awards under this chapter
   51  may not be paid on thoroughbred horse races taking place in
   52  other states or countries unless agreed to in writing by all
   53  thoroughbred permitholders in this state, the Florida
   54  Thoroughbred Breeders’ Association, and the Florida Horsemen’s
   55  Benevolent and Protective Association, Inc.
   56         Section 2. Paragraph (e) is added to subsection (6) of
   57  section 550.2625, Florida Statutes, to read:
   58         550.2625 Horseracing; minimum purse requirement, Florida
   59  breeders' and owners' awards.—
   60         (6)
   61         (e)This subsection governs owners’ awards paid on
   62  thoroughbred horse races only in this state, unless a written
   63  agreement is filed with the division establishing the rate,
   64  procedures, and eligibility requirements for owners’ awards,
   65  including place of finish, class of race, maximum purse, and
   66  maximum award, and the agreement is entered into by the
   67  permitholder, the Florida Thoroughbred Breeders’ Association,
   68  and the association representing a majority of the racehorse
   69  owners and trainers at the permitholder’s location.
   70         Section 3. Paragraph (a) of subsection (5) of section
   71  550.5251, Florida Statutes, is amended to read:
   72         550.5251 Florida thoroughbred racing; certain permits;
   73  operating days.—
   74         (5)(a) Each licensed thoroughbred permitholder in this
   75  state must run an average of one race per racing day in which
   76  horses bred in this state and duly registered with the Florida
   77  Thoroughbred Breeders' Association have preference as entries
   78  over non-Florida-bred horses, unless otherwise agreed to in
   79  writing by the permitholder, the Florida Thoroughbred Breeders’
   80  Association, and the association representing a majority of the
   81  thoroughbred racehorse owners and trainers at that location. All
   82  licensed thoroughbred racetracks shall write the conditions for
   83  such races in which Florida-bred horses are preferred so as to
   84  assure that all Florida-bred horses available for racing at such
   85  tracks are given full opportunity to run in the class of races
   86  for which they are qualified. The opportunity of running must be
   87  afforded to each class of horses in the proportion that the
   88  number of horses in this class bears to the total number of
   89  Florida-bred horses available. A track is not required to write
   90  conditions for a race to accommodate a class of horses for which
   91  a race would otherwise not be run at the track during its meet
   92  meeting.
   93         Section 4. This act shall take effect July 1, 2009.