Florida Senate - 2018 SB 1478
By Senator Steube
23-00681-18 20181478__
1 A bill to be entitled
2 An act relating to quarter horse racing; amending s.
3 550.002, F.S.; providing that a quarter horse
4 permitholder and an alternative representative
5 organization may agree to an alternative schedule of
6 performances; creating s. 550.3342, F.S.; establishing
7 the requirements for electing an alternative quarter
8 horse representative organization; amending s.
9 551.104, F.S.; requiring an applicant to include a
10 written agreement with an alternative quarter horse
11 representative organization, if such organization
12 exists, in their application for a slot machine
13 license; amending s. 849.086, F.S.; requiring an
14 applicant to include a written agreement with an
15 alternative quarter horse representative organization,
16 if such organization exists, in their application for
17 a cardroom license; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (11) of section 550.002, Florida
22 Statutes, is amended to read:
23 550.002 Definitions.—As used in this chapter, the term:
24 (11) “Full schedule of live racing or games” means:,
25 (a) For a greyhound or jai alai permitholder, the conduct
26 of a combination of at least 100 live evening or matinee
27 performances during the preceding year.;
28 (b) For a permitholder who has a converted permit or filed
29 an application on or before June 1, 1990, for a converted
30 permit, the conduct of a combination of at least 100 live
31 evening and matinee wagering performances during either of the 2
32 preceding years.;
33 (c) For a jai alai permitholder who does not operate slot
34 machines in its pari-mutuel facility, who has conducted at least
35 100 live performances per year for at least 10 years after
36 December 31, 1992, and whose handle on live jai alai games
37 conducted at its pari-mutuel facility has been less than $4
38 million per state fiscal year for at least 2 consecutive years
39 after June 30, 1992, the conduct of a combination of at least 40
40 live evening or matinee performances during the preceding year.;
41 (d) For a jai alai permitholder who operates slot machines
42 in its pari-mutuel facility, the conduct of a combination of at
43 least 150 performances during the preceding year.;
44 (e) For a harness permitholder, the conduct of at least 100
45 live regular wagering performances during the preceding year.;
46 (f) For a quarter horse permitholder using at its own
47 facility, unless an alternative schedule of at least 20 live
48 regular wagering performances is agreed upon by the permitholder
49 and either the Florida Quarter Horse Racing Association or an
50 alternate representative organization designated pursuant to s.
51 550.3342 the horsemen’s association representing the majority of
52 the quarter horse owners and trainers at the facility and filed
53 with the division along with its annual date application, in the
54 2010-2011 fiscal year, the conduct of at least 20 regular
55 wagering performances, in the 2011-2012 and 2012-2013 fiscal
56 years, the conduct of at least 30 live regular wagering
57 performances, and for every fiscal year after the 2012-2013
58 fiscal year, the conduct of at least 40 live regular wagering
59 performances.;
60 (g) For a quarter horse permitholder leasing another
61 licensed racetrack, the conduct of 160 events at the leased
62 facility.; and
63 (h) For a thoroughbred permitholder, the conduct of at
64 least 40 live regular wagering performances during the preceding
65 year.
66 (i) For a permitholder that which is restricted by statute
67 to certain operating periods within the year when other members
68 of its same class of permit are authorized to operate throughout
69 the year, the specified number of live performances which
70 constitute a full schedule of live racing or games is shall be
71 adjusted pro rata in accordance with the relationship between
72 its authorized operating period and the full calendar year. and
73 The resulting specified number of live performances shall
74 constitute the full schedule of live games for such permitholder
75 and all other permitholders of the same class within 100 air
76 miles of such permitholder. A live performance must consist of
77 no fewer than eight races or games conducted live for each of a
78 minimum of three performances each week at the permitholder’s
79 licensed facility under a single admission charge.
80 Section 2. Section 550.3342, Florida Statutes, is created
81 to read:
82 550.3342 Requirements for electing an alternative quarter
83 horse representative organization.—
84 (1) In the event more than 50 percent of the total horsemen
85 who are participating in, or have participated in, quarter horse
86 racing wish to designate a new representative organization, the
87 organization:
88 (a) Must be recognized by the American Quarter Horse
89 Association as the state racing affiliate.
90 (b) Must not be affiliated with or under the control of any
91 licensee.
92 (c) Must be formed under guidelines approved by the
93 division.
94 (d) Must be elected by a majority of the horsemen who are
95 participating in, or have participated in, quarter horse racing
96 at Florida quarter horse racetracks that follow the American
97 Quarter Horse Association’s quarter horse racing guidelines.
98 Section 3. Paragraph (a) of subsection (10) of section
99 551.104, Florida Statutes, is amended to read:
100 551.104 License to conduct slot machine gaming.—
101 (10)(a)1. No slot machine license or renewal thereof shall
102 be issued to an applicant holding a permit under chapter 550 to
103 conduct pari-mutuel wagering meets of thoroughbred racing unless
104 the applicant has on file with the division a binding written
105 agreement between the applicant and the Florida Horsemen’s
106 Benevolent and Protective Association, Inc., governing the
107 payment of purses on live thoroughbred races conducted at the
108 licensee’s pari-mutuel facility. In addition, no slot machine
109 license or renewal thereof shall be issued to such an applicant
110 unless the applicant has on file with the division a binding
111 written agreement between the applicant and the Florida
112 Thoroughbred Breeders’ Association, Inc., governing the payment
113 of breeders’, stallion, and special racing awards on live
114 thoroughbred races conducted at the licensee’s pari-mutuel
115 facility. The agreement governing purses and the agreement
116 governing awards may direct the payment of such purses and
117 awards from revenues generated by any wagering or gaming the
118 applicant is authorized to conduct under Florida law. All purses
119 and awards shall be subject to the terms of chapter 550. All
120 sums for breeders’, stallion, and special racing awards shall be
121 remitted monthly to the Florida Thoroughbred Breeders’
122 Association, Inc., for the payment of awards subject to the
123 administrative fee authorized in s. 550.2625(3).
124 2. No slot machine license or renewal thereof shall be
125 issued by the division to an applicant holding a permit under
126 chapter 550 to conduct pari-mutuel wagering meets of quarter
127 horse racing unless the applicant includes with their
128 application has on file with the division a binding written
129 agreement governing the payment of purses on live quarter horse
130 races to be conducted at the applicant’s pari-mutuel facility
131 for the licensure period applied for. Such agreement must be
132 between either the applicant and the Florida Quarter Horse
133 Racing Association or the applicant and an alternative
134 representative organization designated pursuant to s. 550.3342.
135 Such agreement the association representing a majority of the
136 horse owners and trainers at the applicant’s eligible facility,
137 governing the payment of purses on live quarter horse races
138 conducted at the licensee’s pari-mutuel facility. The agreement
139 governing purses may direct the payment of such purses from
140 revenues generated by any wagering or gaming the applicant is
141 authorized to conduct under Florida law. All purses are shall be
142 subject to the terms of chapter 550.
143 Section 4. Paragraph (d) of subsection (13) of section
144 849.086, Florida Statutes, is amended to read:
145 849.086 Cardrooms authorized.—
146 (13) TAXES AND OTHER PAYMENTS.—
147 (d)1. Each greyhound and jai alai permitholder that
148 operates a cardroom facility shall use at least 4 percent of
149 such permitholder’s cardroom monthly gross receipts to
150 supplement greyhound purses or jai alai prize money,
151 respectively, during the permitholder’s next ensuing pari-mutuel
152 meet.
153 2. Each thoroughbred and harness horse racing permitholder
154 that operates a cardroom facility shall use at least 50 percent
155 of such permitholder’s cardroom monthly net proceeds as follows:
156 47 percent to supplement purses and 3 percent to supplement
157 breeders’ awards during the permitholder’s next ensuing racing
158 meet.
159 3. No cardroom license or renewal thereof shall be issued
160 by the division to an applicant holding a permit under chapter
161 550 to conduct pari-mutuel wagering meets of quarter horse
162 racing unless the applicant includes with their application has
163 on file with the division a binding written agreement governing
164 the payment of purses on live quarter horse races to be
165 conducted at the applicant’s pari-mutuel facility for the
166 licensure period applied for. Such agreement must either be
167 between the applicant and the Florida Quarter Horse Racing
168 Association or the applicant and an alternative representative
169 organization designated pursuant to s. 550.3342. Such agreement
170 the association representing a majority of the horse owners and
171 trainers at the applicant’s eligible facility, governing the
172 payment of purses on live quarter horse races conducted at the
173 licensee’s pari-mutuel facility. The agreement governing purses
174 may direct the payment of such purses from revenues generated by
175 any wagering or gaming the applicant is authorized to conduct
176 under Florida law. All purses are shall be subject to the terms
177 of chapter 550.
178 Section 5. This act shall take effect July 1, 2018.