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2010 Florida Statutes

SECTION 382
Arabian horse racing; breeders' and stallion awards; Arabian Horse Council; horse registration fees; Florida Arabian Horse Racing Promotion Account.
F.S. 570.382
570.382 Arabian horse racing; breeders’ and stallion awards; Arabian Horse Council; horse registration fees; Florida Arabian Horse Racing Promotion Account.
(1) LEGISLATIVE FINDINGS.It is the finding of the Legislature that:
(a) Breed improvement is an important factor in encouraging Arabian horse racing in this state.
(b) Acquisition and maintenance of Arabian horse breeding farms in this state will greatly enhance the tax revenues derived by the state and counties.
(c) Many jobs will be created through the encouragement of the Arabian horse breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties.
(d) By encouraging Arabian horse breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.
(2) POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.The Department of Agriculture and Consumer Services shall administer this section and have the following powers and duties:
(a) To establish a registry for Florida-bred Arabian horses on a voluntary basis.
(b) To make Arabian horse breeders’ and stallion awards available to qualified individuals from funds derived from the Florida Arabian Horse Racing Promotion Account under the authority of ss. 550.2625(8) and 550.2633 and under rules adopted.
(c) To establish a stallion award program. In order for the owner of the sire of a Florida-bred Arabian horse to be eligible for a stallion award, the following requirements must be met:
1. The stallion shall stand permanently in the state.
2. If the stallion is dead, it shall have stood permanently in the state for the year immediately prior to its death.
3. The removal of a stallion from this state for the purpose of breeding shall bar the owner of the stallion from receiving a stallion award for offspring sired in the state in the breeding season commencing January 1st of the year of the stallion’s removal.
4. If a removed stallion is returned to the state, all offspring sired in the state subsequent to the stallion’s return shall make the owner eligible for the stallion award.
(d) To maintain complete records documenting:
1. The date a stallion arrived in the state for the first time.
2. Whether the stallion remained in the state permanently.
3. The location of the stallion.
4. Whether the stallion is still standing in the state.
5. Awards earned, received, and distributed.
(3) ARABIAN HORSE COUNCIL.
(a) There is created an Arabian Horse Council consisting of seven members as follows:
1. A representative of the Department of Agriculture and Consumer Services designated by the commissioner.
2. Six members appointed by the Department of Agriculture and Consumer Services, the majority of whom must be Florida breeders of racing Arabian horses.
(b) Each member shall serve for a term of 4 years from date of appointment.
(c) At the first organizational meeting of the council, there shall be elected a chair from the membership, and each 2 years thereafter the council shall elect a chair from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.
(d) Members of the council shall receive no compensation for their services, except that they shall receive per diem and travel expenses as provided in s. 112.061 when actually engaged in the business of the council.
(e) The council shall have the following powers and duties:
1. To recommend rules.
2. To receive and report to the Department of Agriculture and Consumer Services complaints or violations of this section.
3. To assist the Department of Agriculture and Consumer Services in the collection of information that the Department of Agriculture and Consumer Services deems necessary to the proper administration of this section.
(4) FRAUDULENT ACTS AND MISREPRESENTATIONS.Any person who registers unqualified horses or misrepresents information in any way shall be denied any future participation in breeders’ and stallion awards, and all horses misrepresented will no longer be deemed to be Florida-bred.
(5) REGISTRATION FEES TRUST FUND.
(a) To provide funds to defray the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section:
1. Owners who participate in this program for Florida-bred Arabian foals under 1 year of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $25 per horse.
2. Owners who participate in this program for Florida-bred Arabian yearlings from 1 to 2 years of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $50 per horse.
3. Owners who participate in this program for Florida-bred Arabian horses 2 years of age or over shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $250 per horse.
4. The Department of Agriculture and Consumer Services shall charge the stallion owner a reasonable fee set by rule, not to exceed $100 annually, to cover all costs incurred for the stallion award program.
(b) The fees collected under this subsection shall be deposited in the General Inspection Trust Fund in a special account to be known as the “Florida Arabian Horse Racing Promotion Account,” and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the account only up to the amount of deposited registration fees.
History.s. 61, ch. 92-348; s. 1, ch. 93-7; s. 897, ch. 97-103; s. 7, ch. 2006-79.