Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. PCS (397920) for SB 836 Barcode 818744 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Jones) recommended the following: 1 Senate Amendment 2 3 Delete lines 2234 - 2296 4 and insert: 5 (2)(a) Historic racing may not be authorized to a 6 permitholder licensed under chapter 550, Florida Statutes, to 7 conduct live pari-mutuel wagering races or games unless the 8 permitholder has on file with the division the following binding 9 written agreements governing the payment of awards and purses on 10 the handle generated from historic racing conducted at the 11 licensee’s pari-mutuel facility: 12 1. For a thoroughbred permitholder, an agreement governing 13 the payment of purses between the permitholder and the Florida 14 Horsemen’s Benevolent and Protective Association, Inc., or the 15 association representing a majority of the thoroughbred owners 16 and trainers at the permitholder’s eligible facility located as 17 described in s. 550.615(9), Florida Statutes, and an agreement 18 governing the payment of awards between the permitholder and the 19 Florida Thoroughbred Breeders’ Association; 20 2. For a harness permitholder, an agreement governing the 21 payment of purses and awards between the permitholder and the 22 Florida Standardbred Breeders and Owners Association; 23 3. For a greyhound permitholder, an agreement governing the 24 payment of purses between the permitholder and the Florida 25 Greyhound Association, Inc.; 26 4. For a quarter horse permitholder, an agreement governing 27 the payment of purses between the applicant and the Florida 28 Quarter Horse Racing Association, and an agreement governing the 29 payment of awards between the permitholder and the Florida 30 Quarter Horse Breeders and Owners Association; or 31 5. For a jai alai permitholder, an agreement governing the 32 payment of player awards between the permitholder and the 33 International Jai Alai Players Association or a binding written 34 agreement approved by a majority of the jai alai players at the 35 permitholder’s eligible facility at which the applicant has a 36 permit issued after January 1, 2000, to conduct jai alai. 37 (b) The agreements may direct the payment of purses and 38 awards from revenues generated by any wagering or games the 39 applicant is authorized to conduct under state law. All purses 40 and awards are subject to the terms of chapter 550, Florida 41 Statutes. All sums for breeders’, stallion, and special racing 42 awards shall be remitted monthly to the respective breeders 43 association for the payment of awards, subject to the 44 administrative fees authorized under chapter 550, Florida 45 Statutes. 46 (3)The amount of historical racing wagering terminals may 47 be: 48 (a) A licensed greyhound facility may have 500 historical 49 racing terminals. 50 (b)A licensed thoroughbred facility may have 500 historical 51 racing terminals. 52 (c) A licensed harness track facility may have 500 53 historical racing terminals. 54 (d) A licensed quarter horse facility may have 500 55 historical racing terminals. 56 (e) A licensed jai alai facility may have 500 historical 57 racing terminals. 58 (4)The moneys wagered on races via the historical racing 59 system shall be separated from the moneys wagered on live races 60 conducted at, and on other races simulcast to, the licensee’s 61 facility. 62 (5)The division shall adopt rules necessary to implement, 63 administer, and regulate the operation of historical racing 64 systems in this state. The rules must include: 65 (a) Procedures for regulating, managing, and auditing the 66 operation, financial data, and program information relating to 67 historical racing systems that enable the division to audit the 68 operation, financial data, and program information of pari 69 mutuel facility authorized to operate a historical racing 70 system. 71 (b) Technical requirements to operate a historical racing 72 system. 73 (c)Procedures to require licensees to maintain specified 74 records and submit any data, information, record, or report, 75 including financial and income records, required by this act or 76 rules of the division. 77 (d) Procedures relating to historical racing system 78 revenues, including verifying and accounting for such revenues, 79 auditing, and collecting taxes and fees. 80 (e) Minimum standards for security of the facilities, 81 including floor plans, security cameras, and other security 82 equipment. 83 (f) Procedures to ensure that a historical racing machine 84 does not enter the state and be offered for play until it has 85 been tested and certified by a licensed testing laboratory for 86 play in the state. The procedures shall address measures to 87 scientifically test and technically evaluate electronic gaming 88 machines for compliance with laws and rules regulating 89 historical racing machines. The division may contract with an 90 independent testing laboratory to conduct any necessary testing. 91 The independent testing laboratory must have a national 92 reputation indicating that it is demonstrably competent and 93 qualified to scientifically test and evaluate that the 94 historical racing systems perform the functions required by laws 95 and rules regulating historical racing machines. An independent 96 testing laboratory may not be owned or controlled by a licensee. 97 The selection of an independent laboratory for any purpose 98 related to the conduct of historical racing systems by a 99 licensee shall be made from a list of laboratories approved by 100 the division. The division shall adopt rules regarding the 101 testing, certification, control, and approval of historical 102 racing systems. 103 (6)Notwithstanding any other provision of the law, the 104 proceeds of pari-mutuel tickets purchased for historical racing 105 that are not redeemed within 1 year after purchase shall be 106 divided as follows: 107 (a) Fifty percent shall be retained by the permit holder; 108 and 109 (b) Fifty percent shall be paid into the permit holder’s 110 purse account. 111