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