| 1 | A bill to be entitled |
| 2 | An act relating to thoroughbred horse Breeders' Cup |
| 3 | meets; creating s. 550.26357, F.S.; providing for the |
| 4 | creation of a special thoroughbred race meet |
| 5 | designated as the "Breeders' Cup Permanent Meet" which |
| 6 | shall be conducted annually at the facility of a |
| 7 | Florida horseracing permitholder; providing conditions |
| 8 | for the annual meet; providing a timeframe for the |
| 9 | meet; providing for issuance of a permit for the meet; |
| 10 | exempting the issuance of the permit from certain |
| 11 | provisions; authorizing pari-mutuel wagers on races at |
| 12 | the meet; prohibiting races at certain thoroughbred |
| 13 | facilities during the meet; providing a tax credit as |
| 14 | compensation for race days lost due to the |
| 15 | prohibition; providing that the permitholder |
| 16 | conducting the Breeders' Cup Permanent Meet is exempt |
| 17 | from paying taxes on the handle for Breeders' Cup |
| 18 | races under the permit; providing the permitholder |
| 19 | with certain tax credits to be used for certain |
| 20 | purposes; providing conditions to receive the credits; |
| 21 | exempting the permitholder from the payment of purses |
| 22 | and other payments to horsemen during the meet; |
| 23 | providing for broadcast of the races for wagering |
| 24 | purposes; providing for use of a totalisator outside |
| 25 | the state; requiring audits before tax credits may be |
| 26 | claimed; providing for the hearing of disputes between |
| 27 | the division and any permitholder regarding the tax |
| 28 | credits; authorizing the division to adopt and waive |
| 29 | rules for certain purposes; authorizing the |
| 30 | permitholder to receive a license to operate slot |
| 31 | machines at the facility identified in the Breeders' |
| 32 | Cup Permit under certain conditions; providing for |
| 33 | revocation, suspension, or escheatment of the permit; |
| 34 | providing for application; providing an effective |
| 35 | date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Section 550.26357, Florida Statutes, is created |
| 40 | to read: |
| 41 | 550.26357 Breeders' Cup Permanent Meet.- |
| 42 | (1) Notwithstanding any provision of law to the contrary, |
| 43 | upon designation by Breeders' Cup Limited of the facility of any |
| 44 | Florida horseracing permitholder to be the permanent home of the |
| 45 | Breeders' Cup series of horseraces or to be one of the sites |
| 46 | included in a rotation of designated sites for the Breeders' Cup |
| 47 | series of horseraces, there is created a special thoroughbred |
| 48 | race meet designated as the "Breeders' Cup Permanent Meet" which |
| 49 | shall be conducted annually at the facility of the Florida |
| 50 | permitholder so designated. Upon the designation of the facility |
| 51 | of a Florida horseracing permitholder as the location for the |
| 52 | Breeders' Cup Permanent Meet and the filing of the application |
| 53 | by the designated permitholder, the division shall issue a |
| 54 | thoroughbred racing permit to the designated permitholder to |
| 55 | operate the Breeders' Cup Permanent Meet, which permit shall be |
| 56 | known as the Breeders' Cup Permit. |
| 57 | (2) The Breeders' Cup Permanent Meet shall commence on the |
| 58 | day on which the Breeders' Cup races are first conducted and |
| 59 | shall continue through the following November 30. In order to |
| 60 | provide for consistency and certainty in the annual racing |
| 61 | schedule, the Breeders' Cup Permanent Meet shall be conducted |
| 62 | annually at the facility of the designated permitholder |
| 63 | regardless of whether the annual Breeders' Cup series of |
| 64 | horseraces is conducted live at the facility of the Florida |
| 65 | permitholder that holds the Breeders' Cup Permit in any |
| 66 | particular year. The holder of the Breeders' Cup Permit shall |
| 67 | comply with the requirements of s. 550.01215 with regard to |
| 68 | application for an annual license to conduct the Breeders' Cup |
| 69 | Permanent Meet, which license shall be issued by the division as |
| 70 | otherwise provided in s. 550.01215. Notwithstanding any other |
| 71 | provision of law, the provisions of this chapter relating to |
| 72 | referendum requirements for the issuance of a pari-mutuel permit |
| 73 | or which otherwise impose mileage limitations on the location of |
| 74 | a new pari-mutuel permit do not apply to the permit created |
| 75 | under this section. |
| 76 | (3) The permitholder conducting the Breeders' Cup |
| 77 | Permanent Meet is specifically authorized to create pari-mutuel |
| 78 | pools during the Breeders' Cup Permanent Meet by accepting pari- |
| 79 | mutuel wagers on the horseraces run during the meet. |
| 80 | (4) A permitholder located within 35 miles of the |
| 81 | permitholder conducting the Breeders' Cup Permanent Meet may not |
| 82 | conduct a thoroughbred race meet on any of the days of the |
| 83 | Breeders' Cup Permanent Meet; however, as compensation for the |
| 84 | loss of racing days, any such operating permitholder shall |
| 85 | receive a credit against the taxes otherwise due and payable to |
| 86 | the state under ss. 550.0951 and 550.09515. The credit shall be |
| 87 | in an amount equal to the actual operating loss determined to |
| 88 | have been suffered by the operating permitholder as a result of |
| 89 | not operating on the prohibited racing days, not to exceed |
| 90 | $950,000 in any one year. The determination of the amount to be |
| 91 | credited shall be made by the division upon application by the |
| 92 | operating permitholder. The tax credits provided under this |
| 93 | subsection shall be available to an operating permitholder who |
| 94 | is required to close a bona fide meet consisting in part of no |
| 95 | fewer than 10 scheduled performances in the 15 days immediately |
| 96 | preceding the Breeders' Cup Permanent Meet and who does not |
| 97 | conduct additional thoroughbred racing performances during the |
| 98 | remainder of the calendar year after the conclusion of the |
| 99 | Breeders' Cup Permanent Meet. Such tax credit shall be in lieu |
| 100 | of any other compensation or consideration for the loss of |
| 101 | racing days. There shall be no replacement or makeup of any lost |
| 102 | racing days. |
| 103 | (5) Notwithstanding any provision of ss. 550.0951 and |
| 104 | 550.09515, the permitholder conducting the Breeders' Cup |
| 105 | Permanent Meet is exempt from paying taxes on the handle |
| 106 | included within the pari-mutuel pools of the permitholder for |
| 107 | the day or the days on which the races sponsored by Breeders' |
| 108 | Cup Limited are conducted live at the facility of the Florida |
| 109 | permitholder that holds the Breeders' Cup Permit. |
| 110 | (6) The permitholder conducting the Breeders' Cup |
| 111 | Permanent Meet shall receive a credit against the taxes |
| 112 | otherwise due and payable to the state under ss. 550.0951 and |
| 113 | 550.09515 generated during the Breeders' Cup Permanent Meet. |
| 114 | This credit shall be in an amount not to exceed $950,000 and |
| 115 | shall be used by the permitholder to pay the purses offered by |
| 116 | the permitholder during the Breeders' Cup Permanent Meet in |
| 117 | excess of the purses that the permitholder is otherwise required |
| 118 | by law to pay. The amount to be credited shall be determined by |
| 119 | the division upon application of the permitholder that is |
| 120 | subject to audit by the division. |
| 121 | (7) In addition to the credit received under subsection |
| 122 | (6), the permitholder conducting the Breeders' Cup Permanent |
| 123 | Meet shall receive a credit against the taxes otherwise due and |
| 124 | payable to the state under ss. 550.0951 and 550.09515 generated |
| 125 | during the Breeders' Cup Permanent Meet. This credit shall be in |
| 126 | an amount not to exceed $950,000 and shall be used by the |
| 127 | permitholder for such capital improvements and extraordinary |
| 128 | expenses as may be necessary for operation of the Breeders' Cup |
| 129 | Permanent Meet. The amount to be credited shall be determined by |
| 130 | the division upon application of the permitholder that is |
| 131 | subject to audit by the division. |
| 132 | (8) The permitholder conducting the Breeders' Cup |
| 133 | Permanent Meet is exempt from the payment of purses and all |
| 134 | other payments to horsemen on all on-track, intertrack, |
| 135 | interstate, and international wagers or rights fees or payments |
| 136 | arising therefrom for the day or the days upon which the races |
| 137 | sponsored by Breeders' Cup Limited are conducted live at the |
| 138 | facility of the Florida permitholder that holds the Breeders' |
| 139 | Cup Permit. |
| 140 | (9)(a) Pursuant to s. 550.3551(2), the permitholder |
| 141 | conducting the Breeders' Cup Permanent Meet may transmit |
| 142 | broadcasts of the live races conducted during the Breeders' Cup |
| 143 | Permanent Meet to locations outside this state for wagering |
| 144 | purposes. The division may approve broadcasts to pari-mutuel |
| 145 | permitholders and other betting systems authorized under the |
| 146 | laws of any other state or country. Wagers accepted by any out- |
| 147 | of-state pari-mutuel permitholder or betting system on any races |
| 148 | broadcast under this section may be, but are not required to be, |
| 149 | commingled with the pari-mutuel pools of the permitholder |
| 150 | conducting the Breeders' Cup Permanent Meet. The calculation of |
| 151 | any payoff on national pari-mutuel pools with commingled wagers |
| 152 | may be performed by the permitholder's totalisator contractor at |
| 153 | a location outside this state. Pool amounts from wagers placed |
| 154 | at pari-mutuel facilities or other betting systems in foreign |
| 155 | countries before being commingled with the pari-mutuel pool of |
| 156 | the Florida permitholder conducting the Breeders' Cup Permanent |
| 157 | Meet shall be calculated by the totalisator contractor and |
| 158 | transferred to the commingled pool in United States currency in |
| 159 | cycles customarily used by the permitholder. Pool amounts from |
| 160 | wagers placed at any foreign pari-mutuel facility or other |
| 161 | betting system may not be commingled with a Florida pool until a |
| 162 | determination is made by the division that the technology used |
| 163 | by the totalisator contractor is adequate to ensure commingled |
| 164 | pools will result in the calculation of accurate payoffs to |
| 165 | Florida bettors. Any totalisator contractor at a location |
| 166 | outside this state must comply with the totalisator licensing |
| 167 | requirements in s. 550.495. |
| 168 | (b) The permitholder conducting the Breeders' Cup |
| 169 | Permanent Meet may transmit broadcasts of the live races |
| 170 | conducted during the Breeders' Cup Permanent Meet to other pari- |
| 171 | mutuel facilities located in this state for wagering purposes. |
| 172 | However, the permitholder conducting the Breeders' Cup Permanent |
| 173 | Meet is not required to transmit broadcasts to any pari-mutuel |
| 174 | facility located within 25 miles of the facility at which the |
| 175 | Breeders' Cup Permanent Meet is conducted. |
| 176 | (10) The exemption from the tax credits provided in |
| 177 | subsections (4), (6), and (7) may not be granted and may not be |
| 178 | claimed by any permitholder until an audit is completed by the |
| 179 | division. The division is required to complete the audit within |
| 180 | 30 days after receipt of the necessary documentation from the |
| 181 | permitholder to verify the permitholder's claim for tax credits. |
| 182 | If the documentation submitted by the permitholder is incomplete |
| 183 | or is insufficient to document the permitholder's claim for tax |
| 184 | credits, the division may request such additional documentation |
| 185 | as is necessary to complete the audit. Upon receipt of the |
| 186 | division's written request for additional documentation, the 30- |
| 187 | day time limitation shall commence anew. Any dispute between the |
| 188 | division and any permitholder regarding the tax credits |
| 189 | authorized under subsection (4), subsection (6), or subsection |
| 190 | (7) shall be determined by a hearing officer of the Division of |
| 191 | Administrative Hearings under s. 120.57(1). |
| 192 | (11) The division may adopt such rules as are necessary to |
| 193 | facilitate the conduct of the Breeders' Cup Permanent Meet as |
| 194 | authorized in this section. The division may also adopt or waive |
| 195 | rules relating to the overall conduct of racing during the |
| 196 | Breeders' Cup Permanent Meet to ensure the integrity of the |
| 197 | races, licensing for all participants, special stabling and |
| 198 | training requirements for foreign horses, commingling of pari- |
| 199 | mutuel pools, and audit requirements for tax credits and other |
| 200 | benefits. |
| 201 | (12) Notwithstanding any provision of law to the contrary, |
| 202 | if at the time of the issuance of the Breeders' Cup Permit the |
| 203 | facility identified in the Breeders' Cup Permit is located in a |
| 204 | county in which slot machines are authorized and slot machines |
| 205 | are not authorized at the facility identified in the Breeders' |
| 206 | Cup Permit, the facility identified in the Breeders' Cup Permit |
| 207 | shall be deemed an eligible facility for the purposes of slot |
| 208 | machine activities and licensure under chapter 551; and, upon |
| 209 | submission of the necessary applications for licensure under |
| 210 | chapter 551, the division shall issue a slot machine license for |
| 211 | the facility identified in the Breeders' Cup Permit. For the |
| 212 | purposes of s. 551.104(10) and notwithstanding any provision |
| 213 | therein to the contrary, the horsemen's association with which |
| 214 | the holder of the Breeders' Cup Permit must be under contract |
| 215 | shall be the association that represents the majority of |
| 216 | horsemen that race at the facility under all of the permits |
| 217 | operated at the facility annually. |
| 218 | (13) The Breeders' Cup Permit issued under this section is |
| 219 | not subject to revocation, suspension, or escheatment, except as |
| 220 | otherwise provided in this chapter for the revocation, |
| 221 | suspension, or escheatment of thoroughbred permits generally. |
| 222 | (14) The provisions of this section shall prevail over any |
| 223 | conflicting provisions of this chapter. |
| 224 | Section 2. This act shall take effect July 1, 2012. |