The Florida Senate

570.381  Appaloosa racing; breeders' awards; Appaloosa Advisory Council; horse registration fees; Florida Appaloosa Racing Promotion Fund.--

(1)  LEGISLATIVE FINDINGS.--It is the finding of the Legislature that:

(a)  Breed improvement is an important factor in encouraging Appaloosa racing in this state;

(b)  Acquisition and maintenance of Appaloosa 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 Appaloosa breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d)  By encouraging Appaloosa 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 Appaloosas on a voluntary basis.

(b)  To make Appaloosa breeders' awards available to qualified individuals from funds derived from the Florida Appaloosa Racing Promotion Fund under the authority of ss. 550.2625(7) and 550.2633 and under rules adopted.

(3)  APPALOOSA ADVISORY COUNCIL.--

(a)  There is created an Appaloosa Advisory 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 Appaloosas.

(b)  Each member shall serve for a term of 2 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 duties of the advisory council shall be advisory only, with 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 and data which the Department of Agriculture and Consumer Services may deem 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' 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 Appaloosa foals under 1 year of age shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $10 per horse;

2.  Owners who participate in this program for Florida-bred Appaloosa 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 $25 per horse; and

3.  Owners who participate in this program for Florida-bred Appaloosas 2 years of age or over shall pay to the Department of Agriculture and Consumer Services a registration fee in the amount of $100 per horse.

(b)  The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Appaloosa Racing Promotion Fund," 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 fund only up to the amount of deposited registration fees.

(6)  RULES.--The Department of Agriculture and Consumer Services may adopt rules to implement, make specific, or interpret the provisions of this section.

History.--s. 60, ch. 92-348; s. 896, ch. 97-103.