Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. PCS (397920) for SB 836
       
       
       
       
       
       
                                Barcode 818744                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       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