Senate Bill 2324c2

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    Florida Senate - 2000                    CS for CS for SB 2324

    By the Committees on Fiscal Resource, Regulated Industries and
    Senator Lee




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  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 212.20, F.S.; authorizing a

  4         distribution of sales and use tax revenues to

  5         county governments; repealing s. 550.01215(8),

  6         F.S., relating to the use of permitted

  7         facilities; amending s. 550.135, F.S.;

  8         eliminating the annual distribution of

  9         pari-mutuel tax revenues to county governments;

10         amending s. 550.0951, F.S.; providing that the

11         daily license fee tax credit provided by said

12         section and the $360,000 or $500,000 tax

13         exemption provided by s. 550.09514(1), F.S.,

14         may be applied to any tax and daily license

15         fees imposed under ch. 550, F.S.; removing

16         restrictions on the transfer of the daily

17         license fee tax credit by greyhound

18         permitholders; authorizing transfer of the

19         $360,000 or $500,000 tax exemption by a

20         greyhound permitholder to a greyhound

21         permitholder that acts as host track to such

22         permitholder for intertrack wagering; providing

23         for repayment; providing for rules; reducing

24         the taxes on handle for greyhound dogracing,

25         for intertrack wagering when the host track is

26         a dog track, for intertrack wagers accepted by

27         certain dog tracks, for intrack wagers when

28         both the host and guest are thoroughbred

29         tracks; and for harness racing; providing

30         exceptions; removing the additional tax on the

31         surcharge on winning tickets; redirecting

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  1         deposits from the General Revenue Fund to the

  2         Pari-mutuel Wagering Trust Fund; specifying the

  3         rate of the tax on handle for greyhound

  4         simulcast races received from outside the

  5         United States; revising the time period for

  6         remittance of certain fees and taxes; forgiving

  7         certain taxes; amending s. 550.09514, F.S.;

  8         revising application and administration of the

  9         $360,000 or $500,000 tax exemption provided by

10         said section; providing for payment of

11         additional purses by greyhound permitholders in

12         an amount equal to a percentage of the tax

13         reduction resulting from the reduction of the

14         taxes on handle; providing requirements with

15         respect thereto; providing for audits; amending

16         s. 550.09515, F.S.; modifying the tax on handle

17         for thoroughbred performances; redirecting

18         deposits from the General Revenue Fund to the

19         Pari-mutuel Wagering Trust Fund; amending s.

20         550.1645, F.S., to conform; creating s.

21         550.1647, F.S.; providing for payments and

22         credits concerning unclaimed pari-mutuel

23         tickets and retention of breaks by greyhound

24         permitholders; amending s. 550.615, F.S.,

25         relating to intertrack wagering and leased

26         greyhound facilities; authorizing certain

27         permitholders to conduct intertrack wagering at

28         certain additional facilities; amending s.

29         550.0555, F.S.; providing legislative intent;

30         providing for the relocation of jai alai

31         permittees within a county in the same manner

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  1         as is currently provided for the relocation of

  2         greyhound dogracing permittees within a county;

  3         providing that relocation of permittees be

  4         consistent with local government comprehensive

  5         plan; amending s. 550.09512, F.S.; reducing the

  6         tax on handle for live harness performances;

  7         amending s. 550.475, F.S.; providing for

  8         leasing of jai alai facilities; amending s.

  9         550.625, F.S.; increasing the percentage of

10         purses for harness racing; amending s. 550.155,

11         F.S.; requiring counties to approve certain

12         capital improvements by permitholders in

13         certain situations; amending s. 550.26352,

14         F.S., relating to the Breeders' Cup Meet;

15         increasing the amount of certain tax credits

16         allowed to permitholders; deleting certain

17         limitations on broadcasts to pari-mutuel

18         facilities; authorizing the Division of

19         Pari-mutuel Wagering of the Department of

20         Business and Professional Regulation to waive

21         certain rules; amending s. 550.3551, F.S.;

22         conforming provisions; amending s. 550.6305,

23         F.S.; conforming cross-references; amending s.

24         550.002, F.S.; substituting the term "same

25         class of races, games, or permit" for the term

26         "same class of race or permit"; amending s.

27         550.0251, F.S.; providing for the Division of

28         Pari-mutuel Wagering to adopt rules for

29         wagering through a pari-mutuel wagering pool;

30         amending s. 550.0351, F.S.; increasing the

31         number of charity performances per fiscal year

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  1         which a jai alai permitholder may conduct;

  2         amending s. 550.105, F.S.; revising provisions

  3         relating to licenses for persons or entities

  4         with access to certain areas of racetracks and

  5         frontons; amending s. 550.24055, F.S.; amending

  6         standards used in testing certain licensees to

  7         determine whether they have abused alcoholic

  8         beverages; amending s. 550.2614, F.S.;

  9         substantially amending provisions relating to

10         horsemen's association membership and

11         responsibilities; providing for the use of

12         specified funds from the purse pool to provide

13         financial assistance to certain thoroughbred

14         racing personnel and their spouses and

15         children; amending s. 550.26165, F.S.;

16         providing for breeders' awards and stallion

17         awards; providing for certain moneys to be

18         returned to the permitholders that generated

19         the money, in accordance with a plan to be

20         established annually by specified entities;

21         amending s. 550.2625, F.S.; amending minimum

22         purse requirements for horseracing

23         permitholders; amending criteria for the

24         payment of breeders' awards and stallion

25         awards; amending s. 550.3551, F.S.; requiring

26         the written approval of the Florida Horsemen's

27         Benevolent and Protective Association, Inc.,

28         before a thoroughbred permitholder may conduct

29         fewer than eight live races on any race day;

30         amending s. 550.6308, F.S.; amending provisions

31         relating to limited intertrack wagering

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  1         licenses; expanding the types of pari-mutuel

  2         races or games on which intertrack wagering may

  3         be conducted, subject to certain conditions;

  4         requiring a licensee to pay a specified amount

  5         to the daily pari-mutuel pool on certain wagers

  6         to thoroughbred permitholders conducting live

  7         races; amending s. 773.01, F.S.; amending the

  8         definition of the term "participant" as used in

  9         ss. 773.01-773.05, F.S.; amending ss. 773.03,

10         F.S., relating to limitation on liability for

11         equine activity; providing that the section

12         does apply to the horseracing industry as

13         defined in ch. 550, F.S.; creating the

14         Interstate Compact on Licensure of Participants

15         in Pari-mutuel Wagering; providing purposes of

16         the compact; providing definitions; providing

17         for the effective date of the compact;

18         providing criteria for eligibility to join the

19         compact; providing procedures for withdrawing

20         from the compact; creating an interstate

21         governmental entity to be known as the compact

22         committee; providing the powers and duties of

23         the compact committee; providing voting

24         requirements for the committee; providing for

25         the administration and management of the

26         committee; providing that committee employees

27         are governmental employees; providing immunity

28         from liability for performance of official

29         responsibilities and duties of the compact

30         committee; providing rights and

31         responsibilities of each state that is a party

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  1         to the compact; providing for construction and

  2         severability of provisions of the compact;

  3         repealing s. 550.0951(2)(a), F.S., relating to

  4         an admission tax imposed on each attendee at a

  5         horserace, dograce, or jai alai game; repealing

  6         s. 550.2415(10), (11), (12), F.S., relating to

  7         postmortem examinations of injured animals that

  8         subsequently die or are destroyed; repealing s.

  9         550.615(9), F.S., relating to limited

10         intertrack wagering license; providing

11         effective dates.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Subsection (6) of section 212.20, Florida

16  Statutes, is amended to read:

17         212.20  Funds collected, disposition; additional powers

18  of department; operational expense; refund of taxes

19  adjudicated unconstitutionally collected.--

20         (6)  Distribution of all proceeds under this chapter

21  shall be as follows:

22         (a)  Proceeds from the convention development taxes

23  authorized under s. 212.0305 shall be reallocated to the

24  Convention Development Tax Clearing Trust Fund.

25         (b)  Proceeds from discretionary sales surtaxes imposed

26  pursuant to ss. 212.054 and 212.055 shall be reallocated to

27  the Discretionary Sales Surtax Clearing Trust Fund.

28         (c)  Proceeds from the tax imposed pursuant to s.

29  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

30  Tax Clearing Trust Fund.

31

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  1         (d)  Proceeds from the fee imposed pursuant to s.

  2  212.18(5) shall be deposited in the Solid Waste Management

  3  Clearing Trust Fund, which is hereby created to be used by the

  4  department, and shall be subsequently transferred to the State

  5  Treasurer to be deposited into the Solid Waste Management

  6  Trust Fund.

  7         (e)  Proceeds from the fees imposed under ss.

  8  212.05(1)(i)3. and 212.18(3) shall remain with the General

  9  Revenue Fund.

10         (f)  The proceeds of all other taxes and fees imposed

11  pursuant to this chapter shall be distributed as follows:

12         1.  In any fiscal year, the greater of $500 million,

13  minus an amount equal to 4.6 percent of the proceeds of the

14  taxes collected pursuant to chapter 201, or 5 percent of all

15  other taxes and fees imposed pursuant to this chapter shall be

16  deposited in monthly installments into the General Revenue

17  Fund.

18         2.  Two-tenths of one percent shall be transferred to

19  the Solid Waste Management Trust Fund.

20         3.  After the distribution under subparagraphs 1. and

21  2., 9.653 percent of the amount remitted by a sales tax dealer

22  located within a participating county pursuant to s. 218.61

23  shall be transferred into the Local Government Half-cent Sales

24  Tax Clearing Trust Fund.

25         4.  After the distribution under subparagraphs 1., 2.,

26  and 3., 0.054 percent shall be transferred to the Local

27  Government Half-cent Sales Tax Clearing Trust Fund and

28  distributed pursuant to s. 218.65.

29         5.  Of the remaining proceeds:

30         a.  Beginning July 1, 2000, and in each fiscal year

31  thereafter, the sum of $29,915,500 shall be divided into as

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  1  many equal parts as there are counties in the state, and one

  2  part shall be distributed to each county.  The distribution

  3  among the several counties shall begin each fiscal year on or

  4  before January 5th and shall continue monthly for a total of 4

  5  months.  If a local or special law required that any moneys

  6  accruing to a county in fiscal year 1999-2000 under the

  7  then-existing provisions of s. 550.135 be paid directly to the

  8  district school board, special district, or a municipal

  9  government, such payment shall continue until such time that

10  the local or special law is amended or repealed.  The state

11  covenants with holders of bonds or other instruments of

12  indebtedness issued by local governments, special districts,

13  or district school boards prior to July 1, 2000, that it is

14  not the intent of this subparagraph to adversely affect the

15  rights of those holders or relieve local governments or

16  district school boards of the duty to meet their obligations

17  as a result of previous pledges or assignments or trusts

18  entered into which obligated funds received from the

19  distribution to county governments under then-existing s.

20  550.135.  This distribution specifically is in lieu of funds

21  distributed under s. 550.135 prior to July 1, 2000.

22         b.a.  Beginning July 1, 1992, $166,667 shall be

23  distributed monthly by the department to each applicant that

24  has been certified as a "facility for a new professional

25  sports franchise" or a "facility for a retained professional

26  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

27  distributed monthly by the department to each applicant that

28  has been certified as a "new spring training franchise

29  facility" pursuant to s. 288.1162. Distributions shall begin

30  60 days following such certification and shall continue for 30

31  years. Nothing contained herein shall be construed to allow an

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  1  applicant certified pursuant to s. 288.1162 to receive more in

  2  distributions than actually expended by the applicant for the

  3  public purposes provided for in s. 288.1162(7). However, a

  4  certified applicant shall receive distributions up to the

  5  maximum amount allowable and undistributed under this section

  6  for additional renovations and improvements to the facility

  7  for the franchise without additional certification.

  8         c.b.  Beginning 30 days after notice by the Office of

  9  Tourism, Trade, and Economic Development to the Department of

10  Revenue that an applicant has been certified as the

11  professional golf hall of fame pursuant to s. 288.1168 and is

12  open to the public, $166,667 shall be distributed monthly, for

13  up to 300 months, to the applicant.

14         d.c.  Beginning 30 days after notice by the Department

15  of Commerce to the Department of Revenue that the applicant

16  has been certified as the International Game Fish Association

17  World Center facility pursuant to s. 288.1169, and the

18  facility is open to the public, $83,333 shall be distributed

19  monthly, for up to 180 months, to the applicant.  This

20  distribution is subject to reduction pursuant to s. 288.1169.

21         6.  All other proceeds shall remain with the General

22  Revenue Fund.

23         Section 2.  Subsection (8) of section 550.01215 is

24  repealed.

25         Section 3.  Section 550.135, Florida Statutes, is

26  amended to read:

27         550.135  Division of moneys derived under this

28  law.--All moneys that are deposited with the Treasurer to the

29  credit of the Pari-mutuel Wagering Trust Fund shall be

30  distributed as follows in the following proportions, in the

31  manner and at the times specified in this section:

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  1         (1)  In each fiscal year, the sum of $29,915,500 shall

  2  be divided into as many equal parts as there are counties in

  3  the state, and one part shall be distributed to each county;

  4  any excess of such moneys after the distributions to the

  5  counties shall be paid into the General Revenue Fund. If the

  6  sum available for distribution is less than $29,915,500, the

  7  deficiency shall be paid into the Pari-mutuel Wagering Trust

  8  Fund from the General Revenue Fund up to the amount of the

  9  deficiency if the deficiency does not exceed the deposits of

10  pari-mutuel tax collections to the General Revenue Fund for

11  that fiscal year.

12         (2)  The distribution among the several counties

13  provided for in subsection (1) shall begin each fiscal year on

14  or before January 5 and shall continue monthly for a total of

15  4 months.  If during the fiscal year the sums available for

16  distribution to the counties is not sufficient to make the

17  scheduled distributions, the division shall immediately

18  transfer to the Pari-mutuel Wagering Trust Fund from deposits

19  made by the division to the General Revenue Fund during that

20  fiscal year, the sums required to make the distributions.  If

21  on April 5 the sums distributed to the counties do not equal

22  the maximum sum to be distributed, the division shall

23  immediately transfer to the Pari-mutuel Wagering Trust Fund,

24  from deposits made by the division to the General Revenue Fund

25  during that fiscal year, the sums required to pay each county

26  the sum entitled and shall make such payments on or before the

27  end of that fiscal year.  The Comptroller is appointed as the

28  agent of the division to make the distribution to the counties

29  and to make transfers as may be required by this section.

30         (1)(3)  The daily license fee revenues collected

31  pursuant to s. 550.0951(1) shall be used to fund the operating

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  1  cost of the division and to provide a proportionate share of

  2  the operation of the office of the secretary and the Division

  3  of Administration of the Department of Business and

  4  Professional Regulation; however, other collections in the

  5  Pari-mutuel Wagering Trust Fund, after the payments required

  6  by subsections (1) and (2), may also be used to fund the

  7  operation of the division in accordance with authorized

  8  appropriations.

  9         (2)(4)  After payments to the counties have been

10  completed as provided in subsections (1) and (2), All

11  unappropriated funds in excess of $2 million in the

12  Pari-mutuel Wagering Trust Fund shall be deposited to the

13  Treasurer to the credit of the General Revenue Fund as

14  provided in subsection (1).

15         (5)  If a local or special law requires that any moneys

16  accruing to a county under this chapter, the same being

17  division funds, be paid to the Treasurer of the state, as ex

18  officio treasurer of the teachers' salary fund, to the credit

19  of a district school board, those moneys shall be paid

20  directly to the district school board.

21         Section 4.  Subsections (1), (3), and (5) and paragraph

22  (b) of subsection (6) of section 550.0951, Florida Statutes,

23  are amended to read:

24         550.0951  Payment of daily license fee and taxes.--

25         (1)(a)  DAILY LICENSE FEE.--Each person engaged in the

26  business of conducting race meetings or jai alai games under

27  this chapter, hereinafter referred to as the "permitholder,"

28  "licensee," or "permittee," shall pay to the division, for the

29  use of the division, a daily license fee on each live or

30  simulcast pari-mutuel event of $100 for each horserace and $80

31  for each dograce and $40 for each jai alai game conducted at a

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  1  racetrack or fronton licensed under this chapter.  Effective

  2  October 1, 1996, In addition to the tax exemption specified in

  3  s. 550.09514(1) of $360,000 or $500,000 per greyhound

  4  permitholder per state fiscal year, each greyhound

  5  permitholder shall receive in the current state fiscal year a

  6  tax credit equal to the number of live greyhound races

  7  conducted in the previous state fiscal year times the daily

  8  license fee specified for each dograce in this subsection

  9  applicable for the previous state fiscal year.  This tax

10  credit and the exemption in s. 550.09514(1) shall be

11  applicable to any the tax imposed by this chapter or the daily

12  license fees imposed by this chapter on live handle under

13  subsection (3) except during any charity or scholarship

14  performances conducted pursuant to s. 550.0351. Effective

15  October 1, 1996, Each permitholder shall pay daily license

16  fees not to exceed $500 per day on any simulcast races or

17  games on which such permitholder accepts wagers regardless of

18  the number of out-of-state events taken or the number of

19  out-of-state locations from which such events are taken. This

20  license fee shall be deposited with the Treasurer to the

21  credit of the Pari-mutuel Wagering Trust Fund.

22         (b)  Each permitholder that authorized a maximum tax

23  savings of $500,000 per state fiscal year pursuant to s.

24  550.09514(1) or the greyhound permitholder that had the lowest

25  live handle during the preceding state fiscal year, which

26  cannot utilize the full amount of the exemption of $360,000 or

27  $500,000 provided in s. 550.09514(1) or the daily license fee

28  credit provided in this section, may, after notifying the

29  division in writing, elect once per state fiscal year on a

30  form provided by the division to transfer such exemption or

31  credit or any portion thereof to any greyhound permitholder

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  1  which acts as a host track to such permitholder for the

  2  purpose of intertrack wagering. Once an election to transfer

  3  such exemption or credit is filed with the division it shall

  4  not be rescinded. The division shall disapprove the credit

  5  transfer when the amount of the exemption or credit or portion

  6  thereof is unavailable to the transferring permitholder or

  7  when the permitholder, who is entitled to transfer the

  8  exemption or credit or who is entitled to receive the

  9  exemption or credit, owes taxes to the state pursuant to a

10  deficiency letter or administrative complaint issued by the

11  division. Upon approval of the transfer by the division, the

12  transferred tax exemption or credit shall be effective for the

13  first performance of the next biweekly pay period as specified

14  in subsection (5). The exemption or daily license fee credit

15  transferred to such host track may be applied by such host

16  track against any its taxes imposed by this chapter or daily

17  license fees imposed by this chapter on live racing as

18  provided in this subsection. The greyhound permitholder host

19  track to which such exemption or daily license fee credit is

20  transferred shall reimburse such permitholder the exact

21  monetary value of such transferred exemption or credit as

22  actually applied against the taxes and daily license fees of

23  the host track. The division shall ensure that all transfers

24  of exemption or credit are made in accordance with this

25  subsection and shall have the authority to adopt rules to

26  ensure the implementation of this section.

27         (3)  TAX ON HANDLE.--Each permitholder shall pay a tax

28  on contributions to pari-mutuel pools, the aggregate of which

29  is hereinafter referred to as "handle," on races or games

30  conducted by the permitholder. The tax is imposed daily and is

31  based on the total contributions to all pari-mutuel pools

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  1  conducted during the daily performance.  If a permitholder

  2  conducts more than one performance daily, the tax is imposed

  3  on each performance separately.

  4         (a)  The tax on handle for thoroughbred horse racing,

  5  harness horse racing, and quarter horse racing is 1.0 3.3

  6  percent of the handle.

  7         (b)1.  The tax on handle for dogracing is 5.6 7.6

  8  percent of the handle, except that for live charity

  9  performances held pursuant to s. 550.0351, and for intertrack

10  wagering on such charity performances at a guest greyhound

11  track within the market area of the host, the tax is 7.6

12  percent of the handle. and

13         2.  The tax on handle for jai alai is 7.1 percent of

14  the handle.

15         (c)1.  The tax on handle for intertrack wagering is 1.5

16  3.3 percent of the handle if the host track is a horse track,

17  3.3 percent if the host track is a harness track, 5.6 7.6

18  percent if the host track is a dog track, and 7.1 percent if

19  the host track is a jai alai fronton. The tax on handle for

20  intertrack wagering is 0.5 percent if the host track and the

21  guest track are thoroughbred permitholders. The tax on handle

22  for intertrack wagering on rebroadcasts of simulcast

23  horseraces is 2.4 percent of the handle and 1.25 percent of

24  the handle if the permitholder is a harness track.  The tax

25  shall be deposited into the Pari-mutuel Wagering Trust General

26  Revenue Fund.

27         2.  Effective October 1, 1996, The tax on handle for

28  intertrack wagers accepted by any dog track located in an area

29  of the state in which there are only three permitholders, all

30  of which are greyhound permitholders, located in three

31  contiguous counties, from any greyhound permitholder also

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  1  located within such area or any dog track or jai alai fronton

  2  located as specified in s. 550.615(6) or (9) (8), on races or

  3  games received from the same class of permitholder located

  4  within the same market area is 4 6 percent if the host

  5  facility is a greyhound permitholder and, if the host facility

  6  is a jai alai permitholder, the rate shall be 6.1 percent

  7  except that it shall be 2.3 percent on handle at such time as

  8  the total tax on intertrack handle paid to the division by the

  9  permitholder during the current state fiscal year exceeds the

10  total tax on intertrack handle paid to the division by the

11  permitholder during the 1992-1993 state fiscal year.

12         3.  Any guest track that imposes a surcharge on each

13  winning ticket cashed pursuant to s. 550.6335 shall pay an

14  additional tax equal to 5 percent of the surcharge so imposed.

15  Any taxes so imposed shall be deposited into the General

16  Revenue Fund.

17         (d)  The tax on handle for greyhound simulcast races

18  received from a location outside the United States is 2

19  percent of the handle.

20         (e)  Notwithstanding any other provision of this

21  chapter, in order to protect the Florida jai alai industry,

22  effective July 1, 2000, a jai alai permitholder may not be

23  taxed on live handle at a rate higher than 2 percent.

24         (5)  PAYMENT AND DISPOSITION OF FEES AND

25  TAXES.--Payment for the admission tax, tax on handle, and the

26  breaks tax imposed by this section shall be paid to the

27  division. The division shall deposit these sums with the

28  Treasurer, to the credit of one-half being credited to the

29  Pari-mutuel Wagering Trust Fund, hereby established, and

30  one-half being credited to the General Revenue Fund. The

31  permitholder shall remit to the division payment for the daily

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  1  license fee, the admission tax, the tax on handle, and the

  2  breaks tax.  Such payments shall be remitted by 3 p.m. Friday

  3  of each week for taxes and fees imposed and collected for the

  4  preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday

  5  of each week for taxes imposed and collected for the preceding

  6  week ending on Sunday Wednesday, Thursday, Friday, and

  7  Saturday. Permitholders shall file a report under oath by the

  8  5th day of each calendar month for all taxes remitted during

  9  the preceding calendar month.  Such payments shall be

10  accompanied by a report under oath showing the total of all

11  admissions, the pari-mutuel wagering activities for the

12  preceding calendar month, and such other information as may be

13  prescribed by the division.

14         (6)  PENALTIES.--

15         (b)  In addition to the civil penalty prescribed in

16  paragraph (a), any willful or wanton failure by any

17  permitholder to make payments of the daily license fee,

18  admission tax, tax on handle, or breaks tax, or surtax

19  constitutes sufficient grounds for the division to suspend or

20  revoke the license of the permitholder, to cancel the permit

21  of the permitholder, or to deny issuance of any further

22  license or permit to the permitholder.

23         Section 5.  Any double-sum tax liability that accrued

24  under section 550.09515(2)(a)2., Florida Statutes, between

25  January 1, 2000, and the effective date of this act is

26  forgiven, and the Department of Business and Professional

27  Regulation may not maintain an action to collect such taxes.

28         Section 6.  Section 550.09514, Florida Statutes, is

29  amended to read:

30         550.09514  Greyhound dogracing taxes; purse

31  requirements.--

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  1         (1)  Notwithstanding the provisions of s.

  2  550.0951(3)(b), Wagering on greyhound racing is subject to a

  3  tax on handle for live greyhound racing as specified in s.

  4  550.0951(3) at the rate of 7.6 percent of handle. However,

  5  each permitholder shall pay no the tax on live or market area

  6  greyhound intertrack wagering handle in excess of $100,000 per

  7  performance until such time as this subsection has resulted in

  8  a tax savings per state fiscal year of $360,000. Thereafter,

  9  each permitholder shall pay the tax as specified in s.

10  550.0951(3) provided in this subsection on all handle for the

11  remainder of the permitholder's current race meet, and the tax

12  must be calculated and commence beginning the day after the

13  biweekly period in which the permitholder reaches the maximum

14  tax savings per state fiscal year provided in this section.

15  For the three permitholders that which conducted a full

16  schedule of live racing in 1995, and are closest to another

17  state that which authorizes greyhound pari-mutuel wagering,

18  the maximum tax savings per state fiscal year shall be

19  $500,000.  The provisions of this subsection relating to tax

20  exemptions shall not apply to any charity or scholarship

21  performances conducted pursuant to s. 550.0351.

22         (2)(a)  The division shall determine for each greyhound

23  permitholder the annual purse percentage rate of live handle

24  for the state fiscal year 1993-1994 by dividing total purses

25  paid on live handle by the permitholder, exclusive of payments

26  made from outside sources, during the 1993-1994 state fiscal

27  year by the permitholder's live handle for the 1993-1994 state

28  fiscal year. Each permitholder shall pay as purses for live

29  races conducted during its current race meet a percentage of

30  its live handle not less than the percentage determined under

31

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  1  this paragraph, exclusive of payments made by outside sources,

  2  for its 1993-1994 state fiscal year.

  3         (b)1.  Except as otherwise provided herein, in addition

  4  to the minimum purse percentage required by paragraph (a),

  5  each permitholder shall pay as purses, for fiscal year

  6  1996-1997, an amount equal to 75 percent of the permitholder's

  7  tax credit pursuant to s. 550.0951(1).

  8         2.  Except as otherwise set forth herein, in addition

  9  to the minimum purse percentage required by paragraph (a),

10  beginning July 1, 1997, each permitholder shall pay as purses

11  an annual amount equal to 75 percent of the daily license fees

12  paid by each permitholder for the 1994-1995 fiscal year. This

13  purse supplement shall be disbursed weekly during the

14  permitholder's race meet in an amount determined by dividing

15  the annual purse supplement by the number of performances

16  approved for the permitholder pursuant to its annual license

17  and multiplying that amount by the number of performances

18  conducted each week. For the greyhound permitholders in the

19  county where there are two greyhound permitholders located as

20  specified in s. 550.615(6), such permitholders shall pay in

21  the aggregate an amount equal to 75 percent of the daily

22  license fees paid by such permitholders for the 1994-1995

23  fiscal year. These permitholders shall be jointly and

24  severally liable for such purse payments.

25

26  The additional purses provided by this paragraph must be used

27  exclusively for purses other than stakes.  The division shall

28  conduct audits necessary to ensure compliance with this

29  section.

30         (c)1.  Each greyhound permitholder when conducting at

31  least three live performances during any week shall pay purses

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  1  in that week on wagers it accepts as a guest track on

  2  intertrack and simulcast greyhound races at the same rate as

  3  it pays on live races. Each greyhound permitholder when

  4  conducting at least three live performances during any week

  5  shall pay purses in that week, at the same rate as it pays on

  6  live races, on wagers accepted on greyhound races at a guest

  7  track which is not conducting live racing and is located

  8  within the same market area as the greyhound permitholder

  9  conducting at least three live performances during any week.

10         2.  Each host greyhound permitholder shall pay purses

11  on its simulcast and intertrack broadcasts of greyhound races

12  to guest facilities that are located outside its market area

13  in an amount equal to one quarter of an amount determined by

14  subtracting the transmission costs of sending the simulcast or

15  intertrack broadcasts from an amount determined by adding the

16  fees received for greyhound simulcast races plus 3 percent of

17  the greyhound intertrack handle at guest facilities that are

18  located outside the market area of the host and that paid

19  contractual fees to the host for such broadcasts of greyhound

20  races.

21         (d)  The division shall require sufficient

22  documentation from each greyhound permitholder regarding

23  purses paid on live racing to assure that the annual purse

24  percentage rates paid by each permitholder on the live races

25  are not reduced below those paid during the 1993-1994 state

26  fiscal year. The division shall require sufficient

27  documentation from each greyhound permitholder to assure that

28  the purses paid by each permitholder on the greyhound

29  intertrack and simulcast broadcasts are in compliance with the

30  requirements of paragraph (c).

31

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  1         (e)  In addition to the purse requirements of

  2  paragraphs (a)-(c), each greyhound permitholder shall pay as

  3  purses an amount equal to one-third of the amount of the tax

  4  reduction on live and simulcast handle applicable to such

  5  permitholder as a result of the reductions in tax rates

  6  provided by this act through the amendments to s. 550.0951(3).

  7  With respect to intertrack wagering when the host and guest

  8  tracks are greyhound permitholders not within the same market

  9  area, an amount equal to the tax reduction applicable to the

10  guest track handle as a result of the reduction in tax rate

11  provided by this act through the amendment to s. 550.0951(3)

12  shall be distributed to the guest track, one-third of which

13  amount shall be paid as purses at the guest track. However, if

14  the guest track is a greyhound permitholder within the market

15  area of the host or if the guest track is not a greyhound

16  permitholder, an amount equal to such tax reduction applicable

17  to the guest track handle shall be retained by the host track,

18  one-third of which amount shall be paid as purses at the host

19  track. These purse funds shall be disbursed in the week

20  received if the permitholder conducts at least one live

21  performance during that week. If the permitholder does not

22  conduct at least one live performance during the week in which

23  the purse funds are received, the purse funds shall be

24  disbursed weekly during the permitholder's next race meet in

25  an amount determined by dividing the purse amount by the

26  number of performances approved for the permitholder pursuant

27  to its annual license, and multiplying that amount by the

28  number of performances conducted each week. The division shall

29  conduct audits necessary to ensure compliance with this

30  paragraph.

31

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  1         (f)(e)  Each greyhound permitholder shall, during the

  2  permitholder's race meet, supply kennel operators and the

  3  Division of Pari-Mutuel Wagering with a weekly report showing

  4  purses paid on live greyhound races and all greyhound

  5  intertrack and simulcast broadcasts, including both as a guest

  6  and a host together with the handle or commission calculations

  7  on which such purses were paid and the transmission costs of

  8  sending the simulcast or intertrack broadcasts, so that the

  9  kennel operators may determine statutory and contractual

10  compliance.

11         (g)(f)  Each greyhound permitholder shall make direct

12  payment of purses to the greyhound owners who have filed with

13  such permitholder appropriate federal taxpayer identification

14  information based on the percentage amount agreed upon between

15  the kennel operator and the greyhound owner.

16         (h)(g)  At the request of a majority of kennel

17  operators under contract with a greyhound permitholder, the

18  permitholder shall make deductions from purses paid to each

19  kennel operator electing such deduction and shall make a

20  direct payment of such deductions to the local association of

21  greyhound kennel operators formed by a majority of kennel

22  operators under contract with the permitholder. The amount of

23  the deduction shall be at least 1 percent of purses, as

24  determined by the local association of greyhound kennel

25  operators. No deductions may be taken pursuant to this

26  paragraph without a kennel operator's specific approval before

27  or after the effective date of this act.

28         (3)  For the purpose of this section, the term "live

29  handle" means the handle from wagers placed at the

30  permitholder's establishment on the live greyhound races

31  conducted at the permitholder's establishment.

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  1         Section 7.  Subsections (2), (5), and (6) of section

  2  550.09515, Florida Statutes, are amended to read:

  3         550.09515  Thoroughbred horse taxes; abandoned interest

  4  in a permit for nonpayment of taxes.--

  5         (2)

  6         (a)  Notwithstanding the provisions of s.

  7  550.0951(3)(a), the tax on handle for live thoroughbred

  8  horserace horse performances shall be subject to the

  9  following:

10         1.  The tax on handle per performance for live

11  thoroughbred performances is 0.5 2.0 percent of handle for

12  performances conducted during the period beginning on January

13  3 and ending March 16; 0.2 .20 percent of handle for

14  performances conducted during the period beginning March 17

15  and ending May 22; and 0.5 1.25 percent of handle for

16  performances conducted during the period beginning May 23 and

17  ending January 2.

18         2.  If any thoroughbred permitholder conducts

19  performances during more than one time period or if

20  performances are conducted during more than one period at any

21  facility, the tax on handle per performance is double the sum

22  of the tax percentages for the periods in which performances

23  are being conducted, except:

24         a.  Pursuant to s. 550.01215, two permitholders, by

25  mutual written agreement, may agree to the operation by one of

26  them in the other permitholder's tax period for up to 3 days,

27  if the 3 days are either the first 3 days or the last 3 days

28  of the racing period in which the permitholders intend to

29  operate.

30         b.  If, on March 31 of any year, there is no

31  permitholder holding a license for operating any one of the

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  1  three race periods set forth in this section or if the

  2  permitholder who is licensed to operate in any period fails to

  3  operate for 10 consecutive days, a permitholder already

  4  licensed to operate in another period may apply for and be

  5  issued a license to operate the period in question, in

  6  addition to the period already licensed.

  7         c.  Two permitholders who operated in different periods

  8  in the preceding fiscal year may, by mutual written agreement,

  9  switch periods for the current racing season, even if it

10  results in either permitholder or the facility of a

11  permitholder being operated in two different periods.

12

13  However, any thoroughbred permitholder whose total handle on

14  live performances during the 1991-1992 state fiscal year was

15  not greater than $34 million is authorized to conduct live

16  performances at any time of the year and shall pay 0.5 percent

17  on live handle per performance.

18         3.  For the period beginning on April 1 and ending May

19  23 during the state fiscal year 1992-1993, any permitholder

20  which has operated less than 51 racing days in the last 18

21  months may operate said period and pay 1.25 percent tax on

22  live handle per performance.  In the event this provision

23  takes effect after April 1, 1993, it shall be construed to

24  apply retroactively from April 1, 1993, through May 23, 1993.

25         4.  In the event any licenses have been issued to any

26  thoroughbred permitholders for racing dates prior to April 26,

27  1993, then, notwithstanding the provisions of s. 550.525(2),

28  amendments may be filed to the racing dates up to May 1, 1993.

29         (b)  For purposes of this section, the term "handle"

30  shall have the same meaning as in s. 550.0951, and shall not

31  include handle from intertrack wagering.

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  1         (5)  Notwithstanding the provisions of s.

  2  550.0951(3)(c), the tax on handle for intertrack wagering on

  3  rebroadcasts of simulcast horseraces is 2.4 percent of the

  4  handle; provided however, that if the guest track is a

  5  throughbred track located more than 35 miles from the host

  6  track, the host track shall pay a tax of 0.1 .5 percent of the

  7  handle, and additionally the host track shall pay to the guest

  8  track 1.9 percent of the handle to be used by the guest track

  9  solely for purses.  The tax shall be deposited into the

10  Pari-mutuel Wagering Trust General Revenue Fund.

11         (6)  Notwithstanding the provisions of s.

12  550.0951(3)(c), the tax on handle is 0.2 percent for

13  intertrack wagering and for intertrack wagering on

14  rebroadcasts of simulcast horseraces for a thoroughbred

15  permitholder that conducts performances during the period

16  beginning March 17 and ending May 22. This subsection applies

17  only to thoroughbred permitholders located in any area of the

18  state where there are three or more thoroughbred permitholders

19  within 25 miles of each other.  The tax shall be deposited

20  into the Pari-mutuel Wagering Trust General Revenue Fund.

21  Effective July 1, 2001, this subsection is repealed.

22         Section 8.  Effective July 1, 2001, paragraph (a) of

23  subsection (2) of section 550.09515, Florida Statutes, as

24  amended by section 4 of chapter 98-190, Laws of Florida, is

25  reenacted to read:

26         550.09515  Thoroughbred horse taxes; abandoned interest

27  in a permit for nonpayment of taxes.--

28         (2)(a)  Notwithstanding the provisions of s.

29  550.0951(3)(a), The tax on handle for live thoroughbred

30  horserace horse performances shall be 0.5 percent. subject to

31  the following:

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  1         1.  The tax on handle per performance for live

  2  thoroughbred performances is 2.25 percent of handle for

  3  performances conducted during the period beginning on January

  4  3 and ending March 16; .70 percent of handle for performances

  5  conducted during the period beginning March 17 and ending May

  6  22; and 1.5 percent of handle for performances conducted

  7  during the period beginning May 23 and ending January 2.

  8         2.  However, any thoroughbred permitholder whose total

  9  handle on live performances during the 1991-1992 state fiscal

10  year was not greater than $34 million is authorized to conduct

11  live performances at any time of the year and shall pay 0.5

12  percent on live handle per performance.

13         Section 9.  Section 550.1645, Florida Statutes, is

14  amended to read:

15         550.1645  Escheat to state of abandoned interest in or

16  contribution to pari-mutuel pools.--

17         (1)  It is the public policy of the state, while

18  protecting the interest of the owners, to possess all

19  unclaimed and abandoned interest in or contribution to certain

20  any pari-mutuel pools pool conducted in this state under this

21  chapter, for the benefit of all the people of the state; and

22  this law shall be liberally construed to accomplish such

23  purpose.

24         (2)  Except as otherwise provided in this chapter, all

25  money or other property represented by any unclaimed,

26  uncashed, or abandoned pari-mutuel ticket which has remained

27  in the custody of or under the control of any licensee

28  authorized to conduct pari-mutuel pools in this state for a

29  period of 1 year after the date the pari-mutuel ticket was

30  issued, if the rightful owner or owners thereof have made no

31  claim or demand for such money or other property within the

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  1  aforesaid period of time, is hereby declared to have escheated

  2  to or to escheat to, and to have become the property of, the

  3  state.

  4         (3)  All money or other property that has escheated to

  5  and become the property of the state as provided herein, and

  6  which is held by such licensee authorized to conduct

  7  pari-mutuel pools in this state, shall be paid by such

  8  licensee to the Treasurer annually within 60 days after the

  9  close of the race meeting of the licensee.  Such moneys so

10  paid by the licensee to the Treasurer shall be deposited in

11  the State School Fund to be used for the support and

12  maintenance of public free schools as required by s. 6, Art.

13  IX of the State Constitution.

14         Section 10.  Section 550.1647, Florida Statutes, is

15  created to read:

16         550.1647  Greyhound permitholders; unclaimed tickets;

17  breaks.--

18         (1)  All money or other property represented by any

19  unclaimed, uncashed, or abandoned pari-mutuel ticket which has

20  remained in the custody of or under the control of any

21  permitholder authorized to conduct greyhound racing

22  pari-mutuel pools in this state for a period of 1 year after

23  the date the pari-mutuel ticket was issued, if the rightful

24  owner or owners thereof have made no claim or demand for such

25  money or other property within that period of time, shall,

26  with respect to live races conducted by the permitholder and

27  with respect to simulcast greyhound races received by the

28  permitholder, be remitted to the state pursuant to s.

29  550.1645; however, such permitholder shall be entitled to a

30  credit that may be applied against any taxes imposed pursuant

31  to this chapter in the amount of the money or property so

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  1  remitted. In addition, each permitholder shall pay, from any

  2  source, including the proceeds from performances conducted

  3  pursuant to s. 550.0351, an amount not less than 10 percent of

  4  the amount of the credit provided by this section to any

  5  bonafide organization that promotes or encourages the adoption

  6  of greyhounds.

  7         (2)  With respect to live greyhound races, the breaks

  8  shall be retained by the permitholder conducting the race,

  9  and, with respect to simulcast greyhound races, the breaks

10  shall be retained by the permitholder who receives the

11  simulcast.

12         Section 11.  Section 550.615, Florida Statutes, is

13  amended to read:

14         550.615  Intertrack wagering.--

15         (1)  Any horserace permitholder licensed under this

16  chapter which has conducted a full schedule of live racing

17  may, at any time, receive broadcasts of horseraces and accept

18  wagers on horseraces conducted by horserace permitholders

19  licensed under this chapter at its facility.

20         (2)  Any track or fronton licensed under this chapter

21  which in the preceding year conducted a full schedule of live

22  racing is qualified to, at any time, receive broadcasts of any

23  class of pari-mutuel race or game and accept wagers on such

24  races or games conducted by any class of permitholders

25  licensed under this chapter.

26         (3)  If a permitholder elects to broadcast its signal

27  to any permitholder in this state, any permitholder that is

28  eligible to conduct intertrack wagering under the provisions

29  of ss. 550.615-550.6345 is entitled to receive the broadcast

30  and conduct intertrack wagering under this section; provided,

31  however, that the host track may require a guest track within

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  1  25 miles of another permitholder to receive in any week at

  2  least 60 percent of the live races that the host track is

  3  making available on the days that the guest track is otherwise

  4  operating live races or games. A host track may require a

  5  guest track not operating live races or games and within 25

  6  miles of another permitholder to accept within any week at

  7  least 60 percent of the live races that the host track is

  8  making available.  A person may not restrain or attempt to

  9  restrain any permitholder that is otherwise authorized to

10  conduct intertrack wagering from receiving the signal of any

11  other permitholder or sending its signal to any permitholder.

12         (4)  In no event shall any intertrack wager be accepted

13  on the same class of live races or games of any permitholder

14  without the written consent of such operating permitholders

15  conducting the same class of live races or games if the guest

16  track is within the market area of such operating

17  permitholder.

18         (5)  No permitholder within the market area of the host

19  track shall take an intertrack wager on the host track without

20  the consent of the host track.

21         (6)  Notwithstanding the provisions of subsection (3),

22  in any area of the state where there are three or more

23  horserace permitholders within 25 miles of each other,

24  intertrack wagering between permitholders in said area of the

25  state shall only be authorized under the following conditions:

26  Any permitholder, other than a thoroughbred permitholder, may

27  accept intertrack wagers on races or games conducted live by a

28  permitholder of the same class or any harness permitholder

29  located within such area and any harness permitholder may

30  accept wagers on games conducted live by any jai alai

31  permitholder located within its market area and from a jai

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  1  alai permitholder located within the area specified in this

  2  subsection when no jai alai permitholder located within its

  3  market area is conducting live jai alai performances; any

  4  greyhound or jai alai permitholder may receive broadcasts of

  5  and accept wagers on any permitholder of the other class

  6  provided that a permitholder, other than the host track, of

  7  such other class is not operating a contemporaneous live

  8  performance within the market area.

  9         (7)  In any county of the state where there are only

10  two permits, one for dogracing and one for jai alai, no

11  intertrack wager may be taken during the period of time when a

12  permitholder is not licensed to conduct live races or games

13  without the written consent of the other permitholder that is

14  conducting live races or games.  However, if neither

15  permitholder is conducting live races or games, either

16  permitholder may accept intertrack wagers on horseraces or on

17  the same class of races or games, or on both horseraces and

18  the same class of races or games as is authorized by its

19  permit.

20         (8)  In any three contiguous counties of the state

21  where there are only three permitholders, all of which are

22  greyhound permitholders, if any permitholder leases the

23  facility of another permitholder for all or any portion of the

24  conduct of its live race meet pursuant to s. 550.475, such

25  lessee may conduct intertrack wagering at its pre-lease

26  permitted facility throughout the entire year, including while

27  its live meet is being conducted at the leased facility, if

28  such permitholder has conducted a full schedule of live racing

29  during the preceding fiscal year at its pre-lease permitted

30  facility or at a leased facility, or combination thereof.

31

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  1         (9)(8)  In any two contiguous counties of the state in

  2  which there are located only four active permits, one for

  3  thoroughbred horse racing, two for greyhound dogracing, and

  4  one for jai alai games, no intertrack wager may be accepted on

  5  the same class of live races or games of any permitholder

  6  without the written consent of such operating permitholders

  7  conducting the same class of live races or games if the guest

  8  track is within the market area of such operating

  9  permitholder.

10         (10)(9)(a)  Upon application to the division on or

11  before January 31 of each year, any quarter horse permitholder

12  that has conducted at least 15 days of thoroughbred horse

13  sales at a permanent sales facility for at least 3 consecutive

14  years, and conducted at least one day of nonwagering

15  thoroughbred racing, with a purse structure of at least

16  $250,000 per year for 2 consecutive years prior to such

17  application, shall be issued a license to conduct intertrack

18  wagering for thoroughbred racing for up to 21 days in

19  connection with thoroughbred sales, to conduct intertrack

20  wagering at such permanent sales facility between November 1

21  and May 8 of the following year, to conduct intertrack

22  wagering at such permanent sales facility between May 9 and

23  October 31 at such times and on such days as any jai alai

24  permitholder in the same county is not conducting live

25  performances, and to conduct intertrack wagering under the

26  provisions of this subsection during the weekend of the

27  Kentucky Derby, the Preakness, the Belmont, and a Breeders'

28  Cup Meet that is conducted before November 1 and after May 8,

29  subject to conditions set forth in this subsection, provided

30  that no more than one such license may be issued.

31

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  1         (b)  If more than one permitholder applies, the

  2  division shall determine which permitholder shall be granted

  3  the license. In making its determination, the division shall

  4  consider the length of time the permitholder has been

  5  conducting thoroughbred horse sales in this state, the length

  6  of time the applicant has had a permanent location in this

  7  state, and the volume of sales of thoroughbred horses in this

  8  state, giving the greater weight to the applicant that meets

  9  these criteria.

10         (c)  The applicant must comply with the provisions of

11  ss. 550.125 and 550.1815.

12         (d)  Intertrack wagering under this subsection may not

13  be conducted within 50 miles of any greyhound racetrack that

14  conducted a full schedule of live racing prior to June 1,

15  1990.

16         (e)  For each year such quarter horse permitholder must

17  obtain the license set forth in paragraph (a), any provisions

18  relating to suspension or revocation of a quarter horse permit

19  for failure to conduct live quarter horse racing do not apply.

20         (f)  Intertrack wagering under this subsection may only

21  be conducted on thoroughbred horse racing, and intertrack

22  wagering under this subsection may not be conducted on evening

23  performances.

24         (11)(10)  All costs of receiving the transmission of

25  the broadcasts shall be borne by the guest track; and all

26  costs of sending the broadcasts shall be borne by the host

27  track.

28         (12)(11)  Notwithstanding any other provision of this

29  section, any thoroughbred permitholder that conducts

30  performances during the period beginning May 23 and ending

31  January 2 must make available any live pari-mutuel event

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  1  conducted and any simulcast pari-mutuel event received by such

  2  permitholder to any thoroughbred permitholder that conducts

  3  performances during the period beginning March 17 and ending

  4  May 22, and such guest permitholder is authorized to accept

  5  wagers on such signals.  Notwithstanding s. 550.0951(3)(c),

  6  the tax on wagers accepted by the guest permitholder on such

  7  events shall be 2 percent, but such amount shall be retained

  8  by the host track as compensation for lost revenues and

  9  purses.  At least 50 percent of the amount retained shall be

10  paid as purses at the host track. This subsection applies only

11  to thoroughbred permitholders located in any area of the state

12  where there are three or more thoroughbred permitholders

13  within 25 miles of each other.

14         Section 12.  Section 550.0555, Florida Statutes, is

15  amended to read:

16         550.0555  Greyhound dogracing and jai alai permits;

17  relocation within a county; conditions.--

18         (1)  It is the finding of the Legislature that

19  pari-mutuel wagering on greyhound dogracing and jai alai

20  provides substantial revenues to the state.  It is the further

21  finding that, in some cases, this revenue-producing ability is

22  hindered due to the lack of provisions allowing the relocation

23  of existing dogracing and jai alai operations.  It is

24  therefore declared that state revenues derived from greyhound

25  dogracing and jai alai will continue to be jeopardized if

26  provisions allowing the relocation of such greyhound racing

27  and jai alai permits are not implemented.  This enactment is

28  made pursuant to, and for the purpose of, implementing such

29  provisions.

30         (2)  Any holder of a valid outstanding permit for

31  greyhound dogracing in a county in which there is only one

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  1  dogracing permit issued, as well as any holder of a valid

  2  outstanding permit for jai alai in a county where only one jai

  3  alai permit is issued, is authorized, without the necessity of

  4  an additional county referendum required under s. 550.0651, to

  5  move the location for which the permit has been issued to

  6  another location within a 30-mile radius of the location fixed

  7  in the permit issued in that county, provided the move does

  8  not cross the county boundary, that such relocation is

  9  approved under the zoning regulations of the county or

10  municipality in which the permit is to be located as a planned

11  development use, consistent with the comprehensive plan, and

12  that such move is approved by the department after it is

13  determined at a proceeding pursuant to chapter 120 in the

14  county affected that the move is necessary to ensure the

15  revenue-producing capability of the permittee without

16  deteriorating the revenue-producing capability of any other

17  pari-mutuel permittee within 50 miles; the distance shall be

18  measured on a straight line from the nearest property line of

19  one racing plant or jai alai fronton to the nearest property

20  line of the other.

21         Section 13.  Paragraph (a) of subsection (2) of section

22  550.09512, Florida Statutes, is amended to read:

23         550.09512  Harness horse taxes; abandoned interest in a

24  permit for nonpayment of taxes.--

25         (2)(a)  Notwithstanding the provisions of s.

26  550.0951(3)(a), the tax on handle for live harness horse

27  performances is 0.5 1 percent of handle per performance.

28         Section 14.  Section 550.475, Florida Statutes, is

29  amended to read:

30         550.475  Lease of pari-mutuel facilities by pari-mutuel

31  permitholders.--Holders of valid pari-mutuel permits for the

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  1  conduct of any jai alai games, dogracing, or thoroughbred and

  2  standardbred horse racing in this state are shall be entitled

  3  to lease any and all of their facilities to any other holder

  4  of a same class valid pari-mutuel permit for jai alai games,

  5  dogracing, or thoroughbred or standardbred horse racing, when

  6  located within a 35-mile radius of each other; and such lessee

  7  is shall be entitled to a permit and license to operate its

  8  race meet or jai-alai games at the leased premises.

  9         Section 15.  Subsection (1) of section 550.625, Florida

10  Statutes, is amended to read:

11         550.625  Intertrack wagering; purses; breeders'

12  awards.--If a host track is a horse track:

13         (1)  A host track racing under either a thoroughbred or

14  quarter horse permit shall pay an amount equal to 7.125 6.125

15  percent of all wagers placed pursuant to the provisions of s.

16  550.615, as purses during its current race meet.  However, up

17  to 0.50 percent of all wagers placed pursuant to s. 550.615

18  may, at the option of the host track, be deducted from the

19  amount retained by the host track for purses to supplement the

20  awards program for owners of Florida-bred horses as set forth

21  in s. 550.2625(6).  A host track racing under a harness permit

22  shall pay an amount equal to 7 percent of all wagers placed

23  pursuant to the provisions of s. 550.615, as purses during its

24  current race meet.  If a host track underpays or overpays

25  purses required by this section and s. 550.2625, the

26  provisions of s. 550.2625 apply to the overpayment or

27  underpayment.

28         Section 16.  Subsection (2) of section 550.155, Florida

29  Statutes, is amended to read:

30

31

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  1         550.155  Pari-mutuel pool within track enclosure;

  2  takeouts; breaks; penalty for purchasing part of a pari-mutuel

  3  pool for or through another in specified circumstances.--

  4         (2)  The permitholder's share of the takeout is that

  5  portion of the takeout that remains after the pari-mutuel tax

  6  imposed upon the contributions to the pari-mutuel pool is

  7  deducted from the takeout and paid by the permitholder. The

  8  takeout is deducted from all pari-mutuel pools but may be

  9  different depending on the type of pari-mutuel pool.  The

10  permitholder shall inform the patrons, either through the

11  official program or via the posting of signs at conspicuous

12  locations, as to the takeout currently being applied to handle

13  at the facility.  A capital improvement proposed by a

14  permitholder licensed under this chapter to a pari-mutuel

15  facility existing on June 23, 1981, which capital improvement

16  requires, pursuant to any municipal or county ordinance,

17  resolution, or regulation, the qualification or approval of

18  the municipality or county wherein the permitholder conducts

19  its business operations, shall receive approval unless the

20  municipality or county is able to show that the proposed

21  improvement presents a justifiable and immediate hazard to the

22  health and safety of municipal or county residents, provided

23  the permitholder pays to the municipality or county the cost

24  of a building permit and provided the capital improvement

25  meets the following criteria:

26         (a)  The improvement does not qualify as a development

27  of regional impact as defined in s. 380.06; and

28         (b)  The improvement is contiguous to or within the

29  existing pari-mutuel facility site.  To be contiguous, the

30  site of the improvement must share a sufficient common

31  boundary with the present pari-mutuel facility to allow full

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  1  and free access without crossing a public roadway, public

  2  waterway, or similar barrier.

  3         Section 17.  Subsections (3), (5), (6), (8), and (10)

  4  of section 550.26352, Florida Statutes, are amended to read:

  5         550.26352  Breeders' Cup Meet; pools authorized;

  6  conflicts; taxes; credits; transmission of races; rules;

  7  application.--

  8         (3)  If the permitholder conducting the Breeders' Cup

  9  Meet is located within 35 miles of one or more permitholders

10  scheduled to conduct a thoroughbred race meet on any of the 3

11  days of the Breeders' Cup Meet, then operation on any of those

12  3 days by the other permitholders is prohibited.  As

13  compensation for the loss of racing days caused thereby, such

14  operating permitholders shall receive a credit against the

15  taxes otherwise due and payable to the state under ss.

16  550.0951 and 550.09515.  This credit shall be in an amount

17  equal to the operating loss determined to have been suffered

18  by the operating permitholders as a result of not operating on

19  the prohibited racing days, but shall not exceed a total of

20  $950,000 $500,000.  The determination of the amount to be

21  credited shall be made by the division upon application by the

22  operating permitholder.  The tax credits provided in this

23  subsection shall not be available unless an operating

24  permitholder is required to close a bona fide meet consisting

25  in part of no fewer than 10 scheduled performances in the 15

26  days immediately preceding or 10 scheduled performances in the

27  15 days immediately following the Breeders' Cup Meet.  Such

28  tax credit shall be in lieu of any other compensation or

29  consideration for the loss of racing days. There shall be no

30  replacement or makeup of any lost racing days.

31

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  1         (5)  The permitholder conducting the Breeders' Cup Meet

  2  shall receive a credit against the taxes otherwise due and

  3  payable to the state under ss. 550.0951 and 550.09515

  4  generated during said permitholder's next ensuing regular

  5  thoroughbred race meet. This credit shall be in an amount not

  6  to exceed $950,000 $800,000 and shall be utilized by the

  7  permitholder to pay the purses offered by the permitholder

  8  during the Breeders' Cup Meet in excess of the purses which

  9  the permitholder is otherwise required by law to pay.  The

10  amount to be credited shall be determined by the division upon

11  application of the permitholder which is subject to audit by

12  the division.

13         (6)  The permitholder conducting the Breeders' Cup Meet

14  shall receive a credit against the taxes otherwise due and

15  payable to the state under ss. 550.0951 and 550.09515

16  generated during said permitholder's next ensuing regular

17  thoroughbred race meet. This credit shall be in an amount not

18  to exceed $950,000 $800,000 and shall be utilized by the

19  permitholder for such capital improvements and extraordinary

20  expenses as may be necessary for operation of the Breeders'

21  Cup Meet.  The amount to be credited shall be determined by

22  the division upon application of the permitholder which is

23  subject to audit by the division.

24         (8)(a)  Pursuant to s. 550.3551(2), the permitholder

25  conducting the Breeders' Cup Meet is authorized to transmit

26  broadcasts of the races conducted during the Breeders' Cup

27  Meet to locations outside of this state for wagering purposes.

28  The division may approve broadcasts to pari-mutuel

29  permitholders and other betting systems authorized under the

30  laws of any other state or country. Wagers accepted by any

31  out-of-state pari-mutuel permitholder or betting system on any

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  1  races broadcast under this section may be, but are not

  2  required to be, commingled with the pari-mutuel pools of the

  3  permitholder conducting the Breeders' Cup Meet.  The

  4  calculation of any payoff on national pari-mutuel pools with

  5  commingled wagers may be performed by the permitholder's

  6  totalisator contractor at a location outside of this state.

  7  Pool amounts from wagers placed at pari-mutuel facilities or

  8  other betting systems in foreign countries before being

  9  commingled with the pari-mutuel pool of the Florida

10  permitholder conducting the Breeders' Cup Meet shall be

11  calculated by the totalisator contractor and transferred to

12  the commingled pool in United States currency in cycles

13  customarily used by the permitholder. Pool amounts from wagers

14  placed at any foreign pari-mutuel facility or other betting

15  system shall not be commingled with a Florida pool until a

16  determination is made by the division that the technology

17  utilized by the totalisator contractor is adequate to assure

18  commingled pools will result in the calculation of accurate

19  payoffs to Florida bettors.  Any totalisator contractor at a

20  location outside of this state shall comply with the

21  provisions of s. 550.495 relating to totalisator licensing.

22         (b)  The permitholder conducting the Breeders' Cup Meet

23  is authorized to transmit broadcasts of the races conducted

24  during the Breeders' Cup Meet to other pari-mutuel facilities

25  located in this state for wagering purposes; however, the

26  permitholder conducting the Breeders' Cup Meet shall not be

27  required to transmit broadcasts to any pari-mutuel facility

28  located within 25 miles of the facility at which the Breeders'

29  Cup Meet is conducted and, further, shall not transmit

30  broadcasts to any pari-mutuel facility located within 25 miles

31  of the facility at which the Breeders' Cup Meet is conducted

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  1  without the consent of all operating permitholders in the

  2  market area.  Wagers accepted by all pari-mutuel facilities

  3  located in the state on any races broadcast under this section

  4  shall be included in the pari-mutuel pools of the permitholder

  5  conducting the Breeders' Cup Meet.

  6         (10)  The division is authorized to adopt such rules as

  7  are necessary to facilitate the conduct of the Breeders' Cup

  8  Meet as authorized in this section.  Included within this

  9  grant of authority shall be the adoption or waiver of rules

10  regarding the overall conduct of racing during the Breeders'

11  Cup Meet so as to ensure the integrity of the races, licensing

12  for all participants, special stabling and training

13  requirements for foreign horses, commingling of pari-mutuel

14  pools, and audit requirements for tax credits and other

15  benefits.

16         Section 18.  Paragraph (a) of subsection (9) of section

17  550.6305, Florida Statutes, is amended to read:

18         550.6305  Intertrack wagering; guest track payments;

19  accounting rules.--

20         (9)  A host track that has contracted with an

21  out-of-state horse track to broadcast live races conducted at

22  such out-of-state horse track pursuant to s. 550.3551(5) may

23  broadcast such out-of-state races to any guest track and

24  accept wagers thereon in the same manner as is provided in s.

25  550.3551.

26         (a)  For purposes of this section, "net proceeds" means

27  the amount of takeout remaining after the payment of state

28  taxes, purses required pursuant to s. 550.0951(3)(c)1., the

29  cost to the permitholder required to be paid to the

30  out-of-state horse track, breeders' awards paid to the Florida

31  Thoroughbred Breeders' Association and the Florida

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  1  Standardbred Breeders and Owners Association, to be used as

  2  set forth in s. 550.625(2)(a) and (b), and the deduction of

  3  any amount retained pursuant to s. 550.615(12)(11).

  4         Section 19.  Subsection (31) of section 550.002,

  5  Florida Statutes, is amended to read:

  6         550.002  Definitions.--As used in this chapter, the

  7  term:

  8         (31)  "Same class of races, games, race or permit"

  9  means, with respect to a jai alai permitholder, jai alai games

10  or other jai alai permitholders; with respect to a greyhound

11  permitholder, greyhound races or other greyhound

12  permitholders; with respect to a thoroughbred permitholder,

13  thoroughbred races or other thoroughbred permitholders; with

14  respect to a harness permitholder, harness races or other

15  harness permitholders; with respect to a quarter horse

16  permitholder, quarter horse races or other quarter horse

17  permitholders.

18         Section 20.  Subsection (3) of section 550.0251,

19  Florida Statutes, is amended to read:

20         550.0251  The powers and duties of the Division of

21  Pari-mutuel Wagering of the Department of Business and

22  Professional Regulation.--The division shall administer this

23  chapter and regulate the pari-mutuel industry under this

24  chapter and the rules adopted pursuant thereto, and:

25         (3)  The division shall adopt reasonable rules for the

26  control, supervision, and direction of all applicants,

27  permittees, and licensees; and for the holding, conducting,

28  and operating of all racetracks, race meets, and races held in

29  this state; and for wagering through a pari-mutuel wagering

30  pool. Such rules must be uniform in their application and

31

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  1  effect, and the duty of exercising this control and power is

  2  made mandatory upon the division.

  3         Section 21.  Subsections (8) and (9) of section

  4  550.0351, Florida Statutes, are amended to read:

  5         550.0351  Charity racing days.--

  6         (8)  In addition to the eligible charities that meet

  7  the criteria set forth in this section, a jai alai

  8  permitholder is authorized to conduct two one additional

  9  charity performances performance each fiscal year for a fund

10  to benefit retired jai alai players.  This performance shall

11  be known as the "Retired Jai Alai Players Charity Day."  The

12  administration of this fund shall be determined by rule by the

13  division.

14         (9)  Notwithstanding the limitations set forth in

15  subsection (8), any jai alai permitholder who has not

16  conducted one "Retired Jai Alai Players Charity Day"

17  performance per year since the 1992-1993 fiscal year is

18  authorized to conduct up to two performances per fiscal year

19  until the time when the total number of such performances is

20  equivalent to the total number of fiscal years.  This

21  subsection shall be repealed on July 1, 2000.

22         Section 22.  Section 550.105, Florida Statutes, is

23  amended to read:

24         550.105  Occupational licenses of racetrack employees;

25  fees; denial, suspension, and revocation of license; penalties

26  and fines.--

27         (1)  Each person connected with a racetrack or jai alai

28  fronton, as specified in paragraph (2)(a), shall purchase from

29  the division an annual occupational license, which license is

30  valid from May 1 until June 30 of the following year.  All

31  moneys collected pursuant to this section each fiscal year

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  1  shall be deposited into the Pari-mutuel Wagering Trust Fund.

  2  If the division determines that it is in the best interest of

  3  the division and persons connected with racetracks, the

  4  division may issue a license valid for one season at one

  5  racetrack but may not make that determination apply to any

  6  person who objects to such determination. In any event, the

  7  season license fee must be equal to the annual occupational

  8  license fee.  Any person may, at her or his option and

  9  pursuant to the rules adopted by the division, purchase an

10  occupational license valid for a period of 3 years if the

11  purchaser of the license pays the full occupational license

12  fee for each of the years for which the license is purchased

13  at the time the 3-year license is requested.  The occupational

14  license shall be valid during its specified term at any

15  pari-mutuel facility.

16         (2)(a)  The following Unrestricted licenses shall be

17  issued to persons or entities with access to the backside,

18  racing animals, jai alai players' room, jockeys' room,

19  drivers' room, totalisator room, the mutuels, or money room,

20  or to persons who, by virtue of the position they hold, might

21  be granted access to these areas or to any other person or

22  entity in one of the following categories and with scheduled

23  annual fees as follows:.

24         1.  Business licenses: any business such as a vendor,

25  contractual concessionaire, contract kennel, business owning

26  racing animals, trust or estate, totalisator company, stable

27  name, or other fictitious name: $50.

28         2.  Professional occupational licenses: professional

29  persons with access to the backside of a racetrack or players'

30  quarters in jai alai such as trainers, officials,

31  veterinarians, doctors, nurses, EMT's, jockeys and

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  1  apprentices, drivers, jai alai players, owners, trustees, or

  2  any management or officer or director or shareholder or any

  3  other professional-level person who might have access to the

  4  jockeys' room, the drivers' room, the backside, racing

  5  animals, kennel compound, or managers or supervisors requiring

  6  access to mutuels machines, the money room, or totalisator

  7  equipment: $40.

  8         3.  General occupational licenses: general employees

  9  with access to the jockeys' room, the drivers' room, racing

10  animals, the backside of a racetrack or players' quarters in

11  jai alai, such as grooms, kennel helpers, leadouts, pelota

12  makers, cesta makers, or ball boys, or a practitioner of any

13  other occupation who would have access to the animals, the

14  backside, or the kennel compound, or who would provide the

15  security or maintenance of these areas, or mutuel employees,

16  totalisator employees, money-room employees, or any employee

17  with access to mutuels machines, the money room, or

18  totalisator equipment or who would provide the security or

19  maintenance of these areas: $10.

20

21  The individuals and entities that are licensed under this

22  paragraph Persons issued an unrestricted license require

23  heightened the most state scrutiny, including the submission

24  by the individual licensees or persons associated with the

25  entities described in this chapter of fingerprints for a

26  Federal Bureau of Investigation criminal records check.

27         (b)  Restricted licenses shall be issued to persons

28  without access to the backside, racing animals, jai alai

29  players' room, jockeys' room, drivers' room, totalisator room,

30  the mutuels, or money room. Persons issued a restricted

31  license require the less state scrutiny and will not require

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  1  routine criminal records check.  The division may require

  2  persons issued the restricted license to submit fingerprints

  3  for a criminal records check as needed for investigations.

  4         (b)(c)  The division shall adopt promulgate rules

  5  pertaining to pari-mutuel regarding unrestricted and

  6  restricted occupational licenses.

  7         (d)  Pari-mutuel occupational licenses shall be issued

  8  in the categories and with scheduled annual fees as follows:

  9         1.  Business licenses:  any business such as vendors,

10  contractual concessionaires, contract kennels, businesses

11  owning racing animals, trusts or estates, totalisator

12  companies, stable names, or other fictitious names: $50.

13         2.  Unrestricted licenses:  professional persons with

14  access to the backside of a racetrack or players' quarters in

15  jai alai such as trainers, officials, veterinarians, doctors,

16  nurses, EMT's, jockeys and apprentices, drivers, jai alai

17  players, owners, trustees, or any management or officer or

18  director or shareholder or any other professional level person

19  who might have access to the jockeys' room, drivers' room, the

20  backside, racing animals, or kennel compound:  $40.

21         3.  Unrestricted licenses:  general employees with

22  access to the jockeys' room, drivers' room, racing animals,

23  the backside of a racetrack or players' quarters in jai alai

24  such as grooms, kennel helpers, leadouts, pelota makers, cesta

25  makers, ball boys, vendor representatives, or any other

26  occupation who would have access to the animals, the backside,

27  or the kennel compound, or the security or maintenance of

28  these areas: $10.

29         4.  Unrestricted licenses:  managers or supervisors

30  requiring access to mutuels machines, the money room, or

31

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  1  totalisator equipment but not requiring access to the

  2  backside: $40.

  3         5.  Unrestricted licenses:  mutuel employees,

  4  totalisator employees, money room employees, and any employee

  5  with access to mutuels machines, the money room, or

  6  totalisator equipment or the security or maintenance of these

  7  areas:  $10.

  8         6.  Restricted licenses:  managers, supervisors, and

  9  other professionals who do not require access to the jockeys'

10  room, drivers' room, racing animals, the backside, the kennel

11  compound, mutuels areas, or money room or totalisator

12  equipment:  $40.

13         7.  Restricted licenses:  general employees or

14  occupations which do not require access to the jockeys' room,

15  drivers' room, racing animals, the backside, kennel compound,

16  mutuels areas, money room, or totalisator equipment: $10.

17         (3)  Certified public accountants and attorneys

18  licensed to practice in this state shall not be required to

19  hold an occupational license under this section while

20  providing accounting or legal services to a permitholder if

21  the certified public accountant's or attorney's primary place

22  of employment is not on the permitholder premises.

23         (4)(3)  It is unlawful for any person to take part in

24  or officiate in any way or to serve in any capacity at any

25  pari-mutuel facility without first having secured a license

26  and paid the occupational license fee.

27         (5)(4)(a)  The division may:

28         1.  Deny a license to or revoke, suspend, or place

29  conditions upon or restrictions on a license of any person who

30  has been refused a license by any other state racing

31  commission or racing authority;

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  1         2.  Deny, suspend, or place conditions on a license of

  2  any person who is under suspension or has unpaid fines in

  3  another jurisdiction;

  4

  5  if the state racing commission or racing authority of such

  6  other state or jurisdiction extends to the division reciprocal

  7  courtesy to maintain the disciplinary control.

  8         (b)  The division may deny, suspend, revoke, or declare

  9  ineligible any occupational license if the applicant for or

10  holder thereof has violated the provisions of this chapter or

11  the rules of the division governing the conduct of persons

12  connected with racetracks and frontons.  In addition, the

13  division may deny, suspend, revoke, or declare ineligible any

14  occupational license if the applicant for such license has

15  been convicted in this state, in any other state, or under the

16  laws of the United States of a capital felony, a felony, or an

17  offense in any other state which would be a felony under the

18  laws of this state involving arson; trafficking in, conspiracy

19  to traffic in, smuggling, importing, conspiracy to smuggle or

20  import, or delivery, sale, or distribution of a controlled

21  substance; or a crime involving a lack of good moral

22  character, or has had a pari-mutuel license revoked by this

23  state or any other jurisdiction for an offense related to

24  pari-mutuel wagering.

25         (c)  The division may deny, declare ineligible, or

26  revoke any occupational license if the applicant for such

27  license has been convicted of a felony or misdemeanor in this

28  state, in any other state, or under the laws of the United

29  States, if such felony or misdemeanor is related to gambling

30  or bookmaking, as contemplated in s. 849.25, or involves

31  cruelty to animals.  If the applicant establishes that she or

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  1  he is of good moral character, that she or he has been

  2  rehabilitated, and that the crime she or he was convicted of

  3  is not related to pari-mutuel wagering and is not a capital

  4  offense, the restrictions excluding offenders may be waived by

  5  the director of the division.

  6         (d)  If an occupational license will expire by division

  7  rule during the period of a suspension the division intends to

  8  impose, or if a license would have expired but for pending

  9  administrative charges and the occupational licensee is found

10  to be in violation of any of the charges, the license may be

11  revoked and a time period of license ineligibility may be

12  declared.  The division may bring administrative charges

13  against any person not holding a current license for

14  violations of statutes or rules which occurred while such

15  person held an occupational license, and the division may

16  declare such person ineligible to hold a license for a period

17  of time.  The division may impose a civil fine of up to $1,000

18  for each violation of the rules of the division in addition to

19  or in lieu of any other penalty provided for in this section.

20  In addition to any other penalty provided by law, the division

21  may exclude from all pari-mutuel facilities in this state, for

22  a period not to exceed the period of suspension, revocation,

23  or ineligibility, any person whose occupational license

24  application has been denied by the division, who has been

25  declared ineligible to hold an occupational license, or whose

26  occupational license has been suspended or revoked by the

27  division.

28         (e)  The division may cancel any occupational license

29  that has been voluntarily relinquished by the licensee.

30         (6)(5)  In order to promote the orderly presentation of

31  pari-mutuel meets authorized in this chapter, the division may

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  1  issue a temporary occupational license.  The division shall

  2  adopt rules to implement this subsection.  However, no

  3  temporary occupational license shall be valid for more than 30

  4  days, and no more than one temporary license may be issued for

  5  any person in any year.

  6         (7)(6)  The division may deny, revoke, or suspend any

  7  occupational license if the applicant therefor or holder

  8  thereof accumulates unpaid obligations or defaults in

  9  obligations, or issues drafts or checks that are dishonored or

10  for which payment is refused without reasonable cause, if such

11  unpaid obligations, defaults, or dishonored or refused drafts

12  or checks directly relate to the sport of jai alai or racing

13  being conducted at a pari-mutuel facility within this state.

14         (8)(7)  The division may fine, or suspend or revoke, or

15  place conditions upon, the license of any licensee who under

16  oath knowingly provides false information regarding an

17  investigation by the division.

18         (9)(8)  The tax imposed by this section is in lieu of

19  all license, excise, or occupational taxes to the state or any

20  county, municipality, or other political subdivision, except

21  that, if a race meeting or game is held or conducted in a

22  municipality, the municipality may assess and collect an

23  additional tax against any person conducting live racing or

24  games within its corporate limits, which tax may not exceed

25  $150 per day for horseracing or $50 per day for dogracing or

26  jai alai.  Except as provided in this chapter, a municipality

27  may not assess or collect any additional excise or revenue tax

28  against any person conducting race meetings within the

29  corporate limits of the municipality or against any patron of

30  any such person.

31

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  1         (10)(9)  Upon application for an occupational license,

  2  the division may require the applicant's full legal name; any

  3  nickname, alias, or maiden name for the applicant; name of the

  4  applicant's spouse; the applicant's date of birth, residence

  5  address, mailing address, residence address and business phone

  6  number, and social security number; disclosure of any felony

  7  or any conviction involving bookmaking, illegal gambling, or

  8  cruelty to animals; disclosure of any past or present

  9  enforcement or actions by any racing or gaming agency against

10  the applicant; and any information the division determines is

11  necessary to establish the identity of the applicant or to

12  establish that the applicant is of good moral character.

13  Fingerprints shall be taken in a manner approved by the

14  division and then shall be submitted to the Federal Bureau of

15  Investigation, or to the association of state officials

16  regulating pari-mutuel wagering pursuant to the Federal

17  Pari-mutuel Licensing Simplification Act of 1988.  The cost of

18  processing fingerprints shall be borne by the applicant and

19  paid to the association of state officials regulating

20  pari-mutuel wagering from the trust fund to which the

21  processing fees are deposited.  The division shall require

22  each applicant for an occupational license to have the

23  applicant's signature witnessed and notarized or signed in the

24  presence of a division official.  The division, by rule, may

25  require additional information from licensees which is

26  reasonably necessary to regulate the industry.  The division

27  may, by rule, exempt certain occupations or groups of persons

28  from the fingerprinting requirements.

29         Section 23.  Subsection (2) of section 550.24055,

30  Florida Statutes, is amended to read:

31

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  1         550.24055  Use of controlled substances or alcohol

  2  prohibited; testing of certain occupational licensees;

  3  penalty; evidence of test or action taken and admissibility

  4  for criminal prosecution limited.--

  5         (2)  The occupational licensees, by applying for and

  6  holding such licenses, are deemed to have given their consents

  7  to submit to an approved chemical test of their breath for the

  8  purpose of determining the alcoholic content of their blood

  9  and to a urine or blood test for the purpose of detecting the

10  presence of controlled substances. Such tests shall only be

11  conducted upon reasonable cause that a violation has occurred

12  as shall be determined solely by the stewards at a horseracing

13  meeting or the judges or board of judges at a dogtrack or jai

14  alai meet. The failure to submit to such test may result in a

15  suspension of the person's occupational license for a period

16  of 10 days or until this section has been complied with,

17  whichever is longer.

18         (a)  If there was at the time of the test 0.05 percent

19  or less by weight of alcohol in the person's blood, the person

20  is presumed not to have been under the influence of alcoholic

21  beverages to the extent that the person's normal faculties

22  were impaired, and no action of any sort may be taken by the

23  stewards, judges, or board of judges or the division.

24         (b)  If there was at the time of the test an excess of

25  0.05 percent but less than 0.08 0.10 percent by weight of

26  alcohol in the person's blood, that fact does not give rise to

27  any presumption that the person was or was not under the

28  influence of alcoholic beverages to the extent that the

29  person's faculties were impaired, but the stewards, judges, or

30  board of judges may consider that fact in determining whether

31

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  1  or not the person will be allowed to officiate or participate

  2  in any given race or jai alai game.

  3         (c)  If there was at the time of the test 0.08 0.10

  4  percent or more by weight of alcohol in the person's blood,

  5  that fact is prima facie evidence that the person was under

  6  the influence of alcoholic beverages to the extent that the

  7  person's normal faculties were impaired, and the stewards or

  8  judges may take action as set forth in this section, but the

  9  person may not officiate at or participate in any race or jai

10  alai game on the day of such test.

11

12  All tests relating to alcohol must be performed in a manner

13  substantially similar, or identical, to the provisions of s.

14  316.1934 and rules adopted pursuant to that section.

15  Following a test of the urine or blood to determine the

16  presence of a controlled substance as defined in chapter 893,

17  if a controlled substance is found to exist, the stewards,

18  judges, or board of judges may take such action as is

19  permitted in this section.

20         Section 24.  Section 550.2614, Florida Statutes, is

21  amended to read:

22         (Substantial rewording of section. See

23         s. 550.2614, F.S., for present text.)

24         550.2614  Horsemen's association; membership;

25  responsibilities.--

26         (1)  Upon receiving a license or renewal thereof, each

27  thoroughbred owner and trainer shall receive automatic

28  membership in the Florida Horsemen's Benevolent and Protective

29  Association, Inc., or another association designated by the

30  licensee which represents the majority of the thoroughbred

31  racehorse owners and trainers at the permitholder located in

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  1  Hillsborough County, and shall be counted on the membership

  2  rolls of that association, unless, within 30 calendar days

  3  after receiving a license from the division, the individual

  4  declines such membership in writing. The division shall

  5  monitor the membership rolls of each association to ensure

  6  that complete, accurate, and timely listings are maintained

  7  for the purposes specified in this section and s. 550.3551.

  8         (2)  Each licensee that holds a permit for thoroughbred

  9  horse racing in this state shall deduct from the total purse

10  pool an amount of money equal to 1 percent of the total purse

11  pool and shall pay that amount to the Florida Horsemen's

12  Benevolent and Protective Association, Inc., or to another

13  association representing a majority of the thoroughbred

14  racehorse owners and trainers at the permittee located in

15  Hillsborough County. These funds must be used for the purpose

16  of providing for the benefit, aid, assistance, or relief of

17  thoroughbred owners, trainers, exercise riders, grooms, stable

18  attendants, and other thoroughbred racing personnel employed

19  in connection with racing, and their spouses and children, who

20  demonstrate a need for financial assistance connected with

21  death, illness, or off-the-job injury and who are not

22  otherwise covered by health and welfare plans, workers'

23  compensation, social security, public assistance, or any other

24  type of health, medical, death, or accident insurance.

25         (3)  The division shall audit the collection and

26  distribution of funds as authorized in this section to assure

27  that the funds are being used for the charitable and

28  beneficial purposes set forth in this section. The division

29  may take action to assure that such funds are being used as

30  authorized by subsection (2). Such actions may include seeking

31  an injunction against distribution, or seeking recovery, of

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  1  funds that are being distributed in a manner inconsistent with

  2  the requirements of subsection (2). The division may adopt

  3  rules to facilitate the orderly transfer of funds authorized

  4  by subsection (2) or to carry out its responsibilities as

  5  provided in this section.

  6         Section 25.  Subsection (1) of section 550.26165,

  7  Florida Statutes, is amended to read:

  8         550.26165  Breeders' awards.--

  9         (1)  The purpose of this section is to encourage the

10  agricultural activity of breeding and training racehorses in

11  this state.  Moneys dedicated in this chapter for use as

12  breeders' awards and stallion awards from breaks and uncashed

13  tickets from pari-mutuel wagering and horseraces are to be

14  used for awards of up to 20 percent of the announced gross

15  purse at any race to breeders of registered Florida-bred

16  horses winning horseraces and for similar awards to the owners

17  of stallions who sired Florida-bred horses winning stakes

18  races, if the stallions are registered as Florida stallions

19  standing in this state. Such awards shall be given at a

20  uniform rate to all winners of the awards, shall not be

21  greater than 20 percent of the announced gross purse, and

22  shall not be less than 15 percent of the announced gross purse

23  if funds are available. In addition, no less than 25 percent

24  nor more than 45 percent, as determined by the Florida

25  Thoroughbred Breeders' Association, of the moneys dedicated in

26  this chapter for use as breeders' awards and stallion awards

27  for thoroughbreds shall be returned prorata to the

28  permitholders that generated the moneys for awards to be

29  distributed by the permitholders to owners of registered

30  Florida-bred thoroughbred horses winning in thoroughbred races

31  and winning or placing in thoroughbred stakes races, all in

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  1  accordance with a plan established annually no later than 120

  2  days before the first day of the permitholders' racing meet

  3  and agreed upon by the permitholder, the Florida Thoroughbred

  4  Breeders' Association, and the Florida Horsemen's Benevolent

  5  and Protective Association, Inc. Awards for thoroughbred races

  6  are to be paid through the Florida Thoroughbred Breeders'

  7  Association, and awards for standardbred races are to be paid

  8  through the Florida Standardbred Breeders and Owners

  9  Association. Among other sources specified in this chapter,

10  The moneys for thoroughbred breeders' awards will come from

11  the 0.975 0.75 percent of handle for thoroughbred races

12  conducted, received, broadcast, or simulcast under this

13  chapter as provided in s. 550.2625(3).  The moneys for quarter

14  horse and harness breeders' awards will come from the breaks

15  and uncashed tickets on live quarter horse and harness racing

16  performances and 1 percent of handle on intertrack wagering.

17  The funds for these breeders' awards shall be paid to the

18  respective breeders' associations by the permitholders

19  conducting the races. The awards are to be given at a uniform

20  rate to all winners of the awards and may not be less than 15

21  percent of the announced gross purse if funds are available.

22         Section 26.  Subsections (2) and (3) of section

23  550.2625, Florida Statutes, are amended to read:

24         550.2625  Horseracing; minimum purse requirement,

25  Florida breeders' and owners' awards.--

26         (2)  Each permitholder conducting a horserace meet is

27  required to pay from the takeout withheld on pari-mutuel pools

28  a sum for purses in accordance with the type of race

29  performed.

30         (a)  A permitholder conducting a thoroughbred horse

31  race meet under this chapter must pay from the takeout

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  1  withheld a sum not less than 7.75 7.5 percent of all

  2  contributions to pari-mutuel pools conducted during the race

  3  meet as purses. In addition to the 7.75 7.5 percent minimum

  4  purse payment, permitholders conducting live thoroughbred

  5  performances shall be required to pay as additional purses

  6  .625 percent of live handle for performances conducted during

  7  the period beginning on January 3 and ending March 16; .225

  8  percent for performances conducted during the period beginning

  9  March 17 and ending May 22; and .85 percent for performances

10  conducted during the period beginning May 23 and ending

11  January 2.  Except that any thoroughbred permitholder whose

12  total handle on live performances during the 1991-1992 state

13  fiscal year was not greater than $34 million is not subject to

14  this additional purse payment. A permitholder authorized to

15  conduct thoroughbred racing may withhold from the handle an

16  additional amount equal to 1 percent on exotic wagering for

17  use as owners' awards, and may withhold from the handle an

18  amount equal to 2 percent on exotic wagering for use as

19  overnight purses.  No permitholder may withhold in excess of

20  20 percent from the handle without withholding the amounts set

21  forth in this subsection.

22         (b)1.  A permitholder conducting a harness horse race

23  meet under this chapter must pay to the purse pool from the

24  takeout withheld a purse requirement that totals an amount not

25  less than 8.25 8 percent of all contributions to pari-mutuel

26  pools conducted during the race meet.  An amount not less than

27  7.75 7.5 percent of the total handle shall be paid from this

28  purse pool as purses.

29         2.  An amount not to exceed 0.5 percent of the total

30  handle on all harness horse races that are subject to the

31  purse requirement of subparagraph 1., must be available for

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  1  use to provide medical, dental, surgical, life, funeral, or

  2  disability insurance benefits for occupational licensees who

  3  work at tracks in this state at which harness horse races are

  4  conducted.  Such insurance benefits must be paid from the

  5  purse pool specified in subparagraph 1.  An annual plan for

  6  payment of insurance benefits from the purse pool, including

  7  qualifications for eligibility, must be submitted by the

  8  Florida Standardbred Breeders and Owners Association for

  9  approval to the division.  An annual report of the implemented

10  plan shall be submitted to the division.  All records of the

11  Florida Standardbred Breeders and Owners Association

12  concerning the administration of the plan must be available

13  for audit at the discretion of the division to determine that

14  the plan has been implemented and administered as authorized.

15  If the division finds that the Florida Standardbred Breeders

16  and Owners Association has not complied with the provisions of

17  this section, the division may order the association to cease

18  and desist from administering the plan and shall appoint the

19  division as temporary administrator of the plan until the

20  division reestablishes administration of the plan with the

21  association.

22         (c)  A permitholder conducting a quarter horse race

23  meet under this chapter shall pay from the takeout withheld a

24  sum not less than 6 percent of all contributions to

25  pari-mutuel pools conducted during the race meet as purses.

26         (d)  The division shall adopt reasonable rules to

27  ensure the timely and accurate payment of all amounts withheld

28  by horserace permitholders regarding the distribution of

29  purses, owners' awards, and other amounts collected for

30  payment to owners and breeders.  Each permitholder that fails

31  to pay out all moneys collected for payment to owners and

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  1  breeders shall, within 10 days after the end of the meet

  2  during which the permitholder underpaid purses, deposit an

  3  amount equal to the underpayment into a separate

  4  interest-bearing account to be distributed to owners and

  5  breeders in accordance with division rules.

  6         (e)  An amount equal to 8.5 percent of the purse

  7  account generated through intertrack wagering and interstate

  8  simulcasting will be used for Florida Owners' Awards as set

  9  forth in subsection (3).  Any thoroughbred permitholder with

10  an average blended takeout which does not exceed 20 percent

11  and with an average daily purse distribution excluding

12  sponsorship, entry fees, and nominations exceeding $225,000 is

13  exempt from the provisions of this paragraph.

14         (3)  Each horseracing permitholder conducting any

15  thoroughbred race under this chapter, including any intertrack

16  race taken pursuant to ss. 550.615-550.6305 or any interstate

17  simulcast taken pursuant to s. 550.3551(3) shall pay a sum

18  equal to 0.975 0.75 percent on all pari-mutuel pools conducted

19  during any such race for the payment of breeders' and stallion

20  awards as authorized in this section.  This subsection also

21  applies to all Breeder's Cup races conducted outside this

22  state taken pursuant to s. 550.3551(3).  On any race

23  originating live in this state which is broadcast out-of-state

24  to any location at which wagers are accepted pursuant to s.

25  550.3551(2), the host track is required to pay 3.65 3.3

26  percent of the gross revenue derived from such out-of-state

27  broadcasts as breeders' and stallion awards.  The Florida

28  Thoroughbred Breeders' Association is authorized to receive

29  these payments from the permitholders and make payments of

30  awards earned.  The Florida Thoroughbred Breeders' Association

31  has the right to withhold up to 10 percent of the

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  1  permitholder's payments under this section as a fee for

  2  administering the payments of awards and for general promotion

  3  of the industry.  The permitholder shall remit these payments

  4  to the Florida Thoroughbred Breeders' Association by the 5th

  5  day of each calendar month for such sums accruing during the

  6  preceding calendar month and shall report such payments to the

  7  division as prescribed by the division.  With the exception of

  8  the 10-percent fee, the moneys paid by the permitholders shall

  9  be maintained in a separate, interest-bearing account, and

10  such payments together with any interest earned shall be used

11  exclusively for the payment of breeders' awards and stallion

12  awards in accordance with the following provisions:

13         (a)  The breeder of each Florida-bred thoroughbred

14  horse winning a thoroughbred horse race is entitled to an

15  award of up to, but not exceeding, 20 percent of the announced

16  gross purse, including nomination fees, eligibility fees,

17  starting fees, supplementary fees, and moneys added by the

18  sponsor of the race.

19         (b)  The owner or owners of the sire of a Florida-bred

20  thoroughbred horse that wins a stakes race is entitled to a

21  stallion award of up to, but not exceeding, 20 percent of the

22  announced gross purse, including nomination fees, eligibility

23  fees, starting fees, supplementary fees, and moneys added by

24  the sponsor of the race.

25         (c)  The owners of registered Florida-bred thoroughbred

26  horses winning or placing in thoroughbred stakes races may

27  receive an award in accordance with a plan established in s.

28  550.26165(1).

29         (d)(c)  In order for a breeder of a Florida-bred

30  thoroughbred horse to be eligible to receive a breeder's

31  award, or for the owners of a registered Florida-bred

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  1  thoroughbred horse to be eligible to receive an award under

  2  paragraph (c), the horse winning the race must have been

  3  registered as a Florida-bred horse with the Florida

  4  Thoroughbred Breeders' Association, and the Jockey Club

  5  certificate for the winning horse must show that it the winner

  6  has been duly registered as a Florida-bred horse as evidenced

  7  by the seal and proper serial number of the Florida

  8  Thoroughbred Breeders' Association registry.  The Florida

  9  Thoroughbred Breeders' Association shall be permitted to

10  charge the registrant a reasonable fee for this verification

11  and registration.

12         (e)(d)  In order for an owner of the sire of a

13  thoroughbred horse winning a stakes race to be eligible to

14  receive a stallion award, the stallion must have been

15  registered with the Florida Thoroughbred Breeders'

16  Association, and the breeding of the registered Florida-bred

17  horse must have occurred in this state. The stallion must be

18  standing permanently in this state during the period of time

19  between February 1 and June 15 of each year or, if the

20  stallion is dead, must have stood permanently in this state

21  for a period of not less than 1 year immediately prior to its

22  death. The removal of a stallion from this state during the

23  period of time between February 1 and June 15 of any year for

24  any reason, other than exclusively for prescribed medical

25  treatment, as approved by the Florida Thoroughbred Breeders'

26  Association, renders the owner or owners of the stallion

27  ineligible to receive a stallion award under any circumstances

28  for offspring sired prior to removal; however, if a removed

29  stallion is returned to this state, all offspring sired

30  subsequent to the return make the owner or owners of the

31  stallion eligible for the stallion award but only for those

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  1  offspring sired subsequent to such return to this state. The

  2  Florida Thoroughbred Breeders' Association shall maintain

  3  complete records showing the date the stallion arrived in this

  4  state for the first time, whether or not the stallion remained

  5  in the state permanently, the location of the stallion, and

  6  whether the stallion is still standing in this state and

  7  complete records showing awards earned, received, and

  8  distributed.  The association may charge the owner, owners, or

  9  breeder a reasonable fee for this service.

10         (f)(e)  A permitholder conducting a thoroughbred horse

11  race under the provisions of this chapter shall, within 30

12  days after the end of the race meet during which the race is

13  conducted, certify to the Florida Thoroughbred Breeders'

14  Association such information relating to the thoroughbred

15  horses winning a stakes or other horserace at the meet as may

16  be required to determine the eligibility for payment of

17  breeders' awards and stallion awards.

18         (g)(f)  The Florida Thoroughbred Breeders' Association

19  shall maintain complete records showing the starters and

20  winners in all races conducted at thoroughbred tracks in this

21  state; shall maintain complete records showing awards earned,

22  received, and distributed; and may charge the owner, owners,

23  or breeder a reasonable fee for this service.

24         (h)(g)  The Florida Thoroughbred Breeders' Association

25  shall annually establish a uniform rate and procedure for the

26  payment of breeders' and stallion awards and shall make

27  breeders' and stallion award payments in strict compliance

28  with the established uniform rate and procedure plan.  The

29  plan may set a cap on winnings and may limit, exclude, or

30  defer payments to certain classes of races, such as the

31  Florida stallion stakes races, in order to assure that there

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  1  are adequate revenues to meet the proposed uniform rate. Such

  2  plan must include proposals for the general promotion of the

  3  industry. Priority shall be placed upon imposing such

  4  restrictions in lieu of allowing the uniform rate to be less

  5  than 15 percent of the total purse payment.  The uniform rate

  6  and procedure plan must be approved by the division before

  7  implementation.  In the absence of an approved plan and

  8  procedure, the authorized rate for breeders' and stallion

  9  awards is 15 percent of the announced gross purse for each

10  race.  Such purse must include nomination fees, eligibility

11  fees, starting fees, supplementary fees, and moneys added by

12  the sponsor of the race. If the funds in the account for

13  payment of breeders' and stallion awards are not sufficient to

14  meet all earned breeders' and stallion awards, those breeders

15  and stallion owners not receiving payments have first call on

16  any subsequent receipts in that or any subsequent year.

17         (i)(h)  The Florida Thoroughbred Breeders' Association

18  shall keep accurate records showing receipts and disbursements

19  of such payments and shall annually file a full and complete

20  report to the division showing such receipts and disbursements

21  and the sums withheld for administration.  The division may

22  audit the records and accounts of the Florida Thoroughbred

23  Breeders' Association to determine that payments have been

24  made to eligible breeders and stallion owners in accordance

25  with this section.

26         (j)(i)  If the division finds that the Florida

27  Thoroughbred Breeders' Association has not complied with any

28  provision of this section, the division may order the

29  association to cease and desist from receiving funds and

30  administering funds received under this section.  If the

31  division enters such an order, the permitholder shall make the

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  1  payments authorized in this section to the division for

  2  deposit into the Pari-mutuel Wagering Trust Fund; and any

  3  funds in the Florida Thoroughbred Breeders' Association

  4  account shall be immediately paid to the Division of

  5  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering

  6  Trust Fund.  The division shall authorize payment from these

  7  funds to any breeder or stallion owner entitled to an award

  8  that has not been previously paid by the Florida Thoroughbred

  9  Breeders' Association in accordance with the applicable rate.

10         Section 27.  Paragraph (a) of subsection (6) of section

11  550.3551, Florida Statutes, is amended to read:

12         550.3551  Transmission of racing and jai alai

13  information; commingling of pari-mutuel pools.--

14         (6)(a)  A maximum of 20 percent of the total number of

15  races on which wagers are accepted by a greyhound permitholder

16  not located as specified in s. 550.615(6) may be received from

17  locations outside this state.  A permitholder may not conduct

18  fewer than eight live races or games on any authorized race

19  day except as provided in this subsection. A thoroughbred

20  permitholder may not conduct fewer than eight live races on

21  any race day without the written approval of the Florida

22  Thoroughbred Breeders' Association and the Florida Horsemen's

23  Benevolent and Protective Association, Inc.  horsemen's group

24  representing the majority of thoroughbred racehorse owners and

25  trainers in this state.  A harness permitholder may conduct

26  fewer than eight live races on any authorized race day, except

27  that such permitholder must conduct a full schedule of live

28  racing during its race meet consisting of at least eight live

29  races per authorized race day for at least 100 days.  Any

30  harness horse permitholder that during the preceding racing

31  season conducted a full schedule of live racing may, at any

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  1  time during its current race meet, receive full-card

  2  broadcasts of harness horse races conducted at harness

  3  racetracks outside this state at the harness track of the

  4  permitholder and accept wagers on such harness races. With

  5  specific authorization from the division for special racing

  6  events, a permitholder may conduct fewer than eight live races

  7  or games when the permitholder also broadcasts out-of-state

  8  races or games. The division may not grant more than two such

  9  exceptions a year for a permitholder in any 12-month period,

10  and those two exceptions may not be consecutive.

11         Section 28.  Subsections (1) and (4) of section

12  550.6308, Florida Statutes, are amended, and subsection (5) is

13  added to that section, to read:

14         550.6308  Limited intertrack wagering license.--In

15  recognition of the economic importance of the thoroughbred

16  breeding industry to this state, its positive impact on

17  tourism, and of the importance of a permanent thoroughbred

18  sales facility as a key focal point for the activities of the

19  industry, a limited license to conduct intertrack wagering is

20  established to ensure the continued viability and public

21  interest in thoroughbred breeding in Florida.

22         (1)  Upon application to the division on or before

23  January 31 of each year, any person that is licensed to

24  conduct public sales of thoroughbred horses pursuant to s.

25  535.01, that has conducted at least 15 days of thoroughbred

26  horse sales at a permanent sales facility in this state for at

27  least 3 consecutive years, and that has conducted at least 1

28  day of nonwagering thoroughbred racing in this state, with a

29  purse structure of at least $250,000 per year for 2

30  consecutive years before such application, shall be issued a

31  license, subject to the conditions set forth in this section,

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  1  to conduct intertrack wagering at such a permanent sales

  2  facility during the following periods: for thoroughbred racing

  3  for

  4         (a)  Up to 21 days in connection with thoroughbred

  5  sales;, to conduct intertrack wagering at such permanent sales

  6  facility

  7         (b)  Between November 1 and May 8;, to conduct

  8  intertrack wagering at such permanent sales facility

  9         (c)  Between May 9 and October 31 at such times and on

10  such days as any thoroughbred, jai alai, or a greyhound

11  permitholder in the same county is not conducting live

12  performances; provided that any such permitholder may waive

13  this requirement, in whole or in part, and allow the licensee

14  under this section to conduct intertrack wagering during one

15  or more of the permitholder's live performances; and, and to

16  conduct intertrack wagering under the provisions of this

17  subsection

18         (d)  During the weekend of the Kentucky Derby, the

19  Preakness, the Belmont, and a Breeders' Cup Meet that is

20  conducted before November 1 and after May 8., subject to

21  conditions set forth in this section but

22

23  No more than one such license may be issued, and no such

24  license may be issued for a facility located within 50 miles

25  of any thoroughbred permitholder's track.

26         (4)  Intertrack wagering under this section may be

27  conducted only on thoroughbred horse racing, except that

28  intertrack wagering may be conducted on any class of

29  pari-mutuel race or game conducted by any class of

30  permitholders licensed under this chapter if all thoroughbred,

31

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  1  jai alai, and greyhound permitholders in the same county as

  2  the licensee under this section give their consent.

  3         (5)  The licensee shall be considered a guest track

  4  under this chapter. The licensee shall pay 2.5 percent of the

  5  total contributions to the daily pari-mutuel pool on wagers

  6  accepted at the licensee's facility on greyhound races or jai

  7  alai games to the thoroughbred permitholder that is conducting

  8  live races for purses to be paid during its current racing

  9  meet. If more than one thoroughbred permitholder is conducting

10  live races on a day during which the licensee is conducting

11  intertrack wagering on greyhound races or jai alai games, the

12  licensee shall allocate these funds between the operating

13  thoroughbred permitholders on a prorata basis based on the

14  total live handle at the operating permitholders' facilities.

15         Section 29.  Subsection (7) of section 773.01, Florida

16  Statutes, is amended to read:

17         773.01  Definitions.--As used in ss. 773.01-773.05:

18         (7)  "Participant" means any person, whether amateur or

19  professional, who engages in or any equine that participates

20  in an equine activity, whether or not a fee is paid to

21  participate in the equine activity.

22         Section 30.  Subsection (1) of section 773.03, Florida

23  Statutes, is amended to read:

24         773.03  Limitation on liability for equine activity;

25  exceptions.--

26         (1)  This section applies shall not apply to the

27  horseracing industry as defined in chapter 550.

28         Section 31.  Interstate Compact on Licensure of

29  Participants in Pari-mutuel Wagering.--There is created the

30  Interstate Compact on Licensure of Participants in Pari-mutuel

31  Wagering.

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  1         Section 32.  Purposes.--The purposes of this compact

  2  are to:

  3         (1)  Establish uniform requirements among the party

  4  states for the licensing of participants with pari-mutuel

  5  wagering, and ensure that all licensed participants meet a

  6  uniform minimum standard of honesty and integrity.

  7         (2)  Facilitate the growth of the pari-mutuel wagering

  8  industry in each party state and nationwide by simplifying the

  9  process for licensing participants in pari-mutuel wagering,

10  and reduce the duplicative and costly process of separate

11  licensing by the regulatory agency in each state that conducts

12  pari-mutuel wagering.

13         (3)  Authorize the Department of Business and

14  Professional Regulation to participate in this compact.

15         (4)  Provide for participation in this compact by

16  officials of the party states, and permit those officials,

17  through the compact committee established by this compact, to

18  enter into contracts with governmental agencies and

19  nongovernmental persons to carry out the purposes of this

20  compact.

21         (5)  Establish the compact committee created by this

22  compact as an interstate governmental entity duly authorized

23  to request and receive criminal-history record information

24  from the Federal Bureau of Investigation and other state and

25  local law enforcement agencies.

26         Section 33.  Definitions.--As used in this compact, the

27  term:

28         (1)  "Compact committee" means the organization of

29  officials from the party states which is authorized and

30  empowered to carry out the purposes of this compact.

31

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  1         (2)  "Official" means the appointed, elected,

  2  designated, or otherwise duly selected member of a racing

  3  commission, or the equivalent thereof, in a party state who

  4  represents that party state as a member of the compact

  5  committee.

  6         (3)  "Participants in pari-mutuel wagering" means

  7  participants in horseracing, greyhound racing, and jai alai

  8  games with pari-mutuel wagering in the party states.

  9         (4)  "Party state" means each state that has enacted

10  this compact.

11         (5)  "State" means each of the several states of the

12  United States, the District of Columbia, the Commonwealth of

13  Puerto Rico, and each territory or possession of the United

14  States.

15         Section 34.  Entry into force.--This compact shall come

16  into force when enacted by any four states. Thereafter, this

17  compact shall become effective in any other state upon that

18  state's enactment of this compact and upon the affirmative

19  vote of a majority of the officials on the compact committee

20  as provided in section 43.

21         Section 35.  States eligible to join compact.--Any

22  state that has adopted or authorized pari-mutuel wagering

23  shall be eligible to become a party to this compact.

24         Section 36.  Withdrawal from compact; impact on force

25  and effect.--

26         (1)  Any party state may withdraw from this compact by

27  enacting a statute repealing this compact, but such a

28  withdrawal becomes effective only when the head of the

29  executive branch of the withdrawing party state has given

30  written notice of the withdrawal to the heads of the executive

31  branch of all other party states.

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  1         (2)  If, as a result of withdrawals, participation in

  2  this compact decreases to fewer than three party states, this

  3  compact shall no longer be in force and effect until

  4  participation in this compact increases to three or more party

  5  states.

  6         Section 37.  Compact committee.--

  7         (1)  There is created an interstate governmental entity

  8  to be known as the "compact committee," which shall be

  9  composed of one official from the racing commission, or the

10  equivalent thereof, in each party state who shall be

11  appointed, serve, and be subject to removal in accordance with

12  the laws of the party state that she or he represents.  The

13  official from Florida shall be appointed by the Secretary of

14  Business and Professional Regulation. Pursuant to the laws of

15  her or his party state, each official shall have the

16  assistance of her or his state's racing commission, or the

17  equivalent thereof, in considering issues related to licensing

18  of participants in pari-mutuel wagering and in fulfilling her

19  or his responsibilities as the representative from her or his

20  state to the compact committee.

21         (2)  If an official is unable to perform any of her or

22  his duties as a member of the compact committee, the racing

23  commission, or the equivalent thereof, from her or his state

24  shall designate another of its members as an alternate who

25  shall serve in her or his place and represent the party state

26  as its official on the compact committee, until that racing

27  commission, or the equivalent thereof, determines that the

28  original representative official is once again able to perform

29  her or his duties as that party state's representative

30  official on the compact committee. The designation of an

31  alternate shall be communicated by the affected state's racing

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  1  commission, or the equivalent thereof, to the compact

  2  committee as the committee's bylaws provide.

  3         Section 38.  Powers and duties of compact

  4  committee.--In order to carry out the purposes of this

  5  compact, the compact committee has the power and duty to:

  6         (1)(a)  Determine which categories of participants in

  7  pari-mutuel wagering, including, but not limited to, owners,

  8  trainers, jockeys, jai alai players, drivers, grooms, mutuel

  9  clerks, racing officials, veterinarians, and farriers, should

10  be licensed by the committee, and to establish the

11  requirements for the initial licensure of applicants in each

12  category, the term of the license for each category, and the

13  requirements for renewal of licenses in each category.

14         (b)  With regard to requests for criminal-history

15  record information on each applicant for a license, and with

16  regard to the effect of a criminal record on the issuance or

17  renewal of a license, determine for each category of

18  participants in pari-mutuel wagering which licensure

19  requirements for that category are, in its judgment, the

20  most-restrictive licensure requirements of any party state for

21  that category and to adopt licensure requirements for that

22  category which are, in its judgment, comparable to those

23  most-restrictive requirements.

24         (2)  Investigate applicants for licensure by the

25  compact committee and, as permitted by federal and state law,

26  gather information on such applicants, including

27  criminal-history record information from the Federal Bureau of

28  Investigation and relevant state and local law enforcement

29  agencies, and, where appropriate, from the Royal Canadian

30  Mounted Police and law enforcement agencies of other

31  countries, which is necessary to determine whether a license

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  1  should be issued under the licensure requirements established

  2  by the committee under subsection (1). The fingerprints of

  3  each applicant for licensure by the compact committee shall be

  4  taken by the compact committee, its employees, or its

  5  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.

  6  100-413, shall be forwarded to a state identification bureau

  7  or to the Association of Racing Commissioners International,

  8  Inc., for submission to the Federal Bureau of Investigation

  9  for a criminal-history record check. Such fingerprints may be

10  submitted on a fingerprint card or by electronic or other

11  means authorized by the Federal Bureau of Investigation or

12  other receiving law enforcement agency.

13         (3)  Issue licenses to, and renew the licenses of,

14  participants in pari-mutuel wagering who are found by the

15  committee to have met the licensure and renewal requirements

16  established by the committee under subsection (1). The compact

17  committee shall not have the power or authority to deny a

18  license.  If the compact committee determines that an

19  applicant is not eligible for the issuance or renewal of a

20  compact committee license, the compact committee shall notify

21  the applicant that her or his application will not be

22  processed further. Such notification does not constitute and

23  shall not be considered to be the denial of a license. Any

24  such applicant shall have the right to present additional

25  evidence to, and be heard by, the compact committee, but the

26  final decision on issuance or renewal of the license shall be

27  made by the compact committee using the requirements

28  established under subsection (1).

29         (4)  Enter into contracts or agreements with

30  governmental agencies and nongovernmental persons to provide

31

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  1  personal services for its activities and such other services

  2  as are necessary to effectuate the purposes of this compact.

  3         (5)  Create, appoint, and abolish those offices,

  4  employments, and positions, including that of executive

  5  director, that it considers necessary for the purposes of this

  6  compact; prescribe the powers, duties, and qualifications of,

  7  and hire persons to fill, such offices, employments, and

  8  positions; and provide for the removal, term, tenure,

  9  compensation, fringe benefits, retirement benefits, and other

10  conditions of employment of persons filling such offices,

11  employments, and positions.

12         (6)  Borrow, accept, or contract for the services of

13  personnel from any state, the United States, or any other

14  governmental agency, or from any person, firm, association,

15  corporation, or other entity.

16         (7)  Acquire, hold, and dispose of real and personal

17  property by gift, purchase, lease, or license, or in other

18  similar manner, in furtherance of the purposes of this

19  compact.

20         (8)  Charge a fee to each applicant for an initial

21  license or renewal of a license.

22         (9)  Receive other funds through gifts, grants, and

23  appropriations.

24         Section 39.  Voting requirements.--

25         (1)  Each member of the compact committee is entitled

26  to one vote.

27         (2)  All action taken by the compact committee with

28  regard to the addition of party states, the licensure of

29  participants in pari-mutuel wagering, and the receipt and

30  disbursement of funds requires a majority vote of the members

31  of the compact committee or their alternates. All other action

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  1  by the compact committee requires a majority vote of the

  2  members present or their alternates.

  3         (3)  The compact committee may not take any action

  4  unless a quorum is present. A majority of the members of the

  5  compact committee or their alternates constitutes a quorum.

  6         Section 40.  Administration and management.--

  7         (1)  The compact committee shall elect annually from

  8  among its members a chairperson, a vice chairperson, and a

  9  secretary/treasurer.

10         (2)  The compact committee shall adopt bylaws for the

11  conduct of its business by a two-thirds vote of the members of

12  the committee or their alternates and may, by the same vote,

13  amend and rescind these bylaws. The compact committee shall

14  publish its bylaws in convenient form and shall file a copy

15  thereof and a copy of any amendments thereto with the

16  Secretary of State or equivalent agency of each of the party

17  states.

18         (3)  The compact committee may delegate the day-to-day

19  management and administration of its duties and

20  responsibilities to an executive director and her or his

21  support staff.

22         (4)  Employees of the compact committee shall be

23  considered governmental employees.

24         Section 41.  Immunity from liability for performance of

25  official responsibilities and duties.--A member or employee of

26  the compact committee may not be held personally liable for

27  any good-faith act or omission that occurs during the

28  performance and within the scope of her or his

29  responsibilities and duties under this compact.

30         Section 42.  Rights and responsibilities of each party

31  state.--

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  1         (1)  By enacting this compact, each party state:

  2         (a)  Agrees to:

  3         1.  Accept the decisions of the compact committee

  4  regarding the issuance of compact committee licenses to

  5  participants in pari-mutuel wagering pursuant to the

  6  committee's licensure requirements.

  7         2.  Reimburse or otherwise pay the expenses of its

  8  official representative on the compact committee or her or his

  9  alternate.

10         (b)  Agrees not to treat a notification to an applicant

11  by the compact committee described in subsection (3) of

12  section 42 as the denial of a license, or to penalize such an

13  applicant in any other way based solely on such a decision by

14  the compact committee.

15         (c)  Reserves the right to:

16         1.  Apply its own standards in determining whether, on

17  the facts of a particular case, a compact committee license

18  should be suspended or revoked. Any party state that suspends

19  or revokes a compact committee license shall, through its

20  racing commission or the equivalent thereof, or otherwise,

21  promptly notify the compact committee of that suspension or

22  revocation.

23         2.  Apply its own standards in determining licensure

24  eligibility, under the laws of that party state, for

25  categories of participants in pari-mutuel wagering which the

26  compact committee decides not to license and for individual

27  participants in pari-mutuel wagering who do not meet the

28  licensure requirements of the compact committee.

29         3.  Establish its own licensure standards for those who

30  are not covered by the compact committee license.

31

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  1         (2)  A party state may not be held liable for the debts

  2  or other financial obligations incurred by the compact

  3  committee.

  4         Section 43.  Construction and severability.--

  5         (1)  This compact shall be liberally construed so as to

  6  effectuate its purposes. The provisions of this compact shall

  7  be severable, and, if any phrase, clause, sentence, or

  8  provision of this compact is declared to be contrary to the

  9  Constitution of the United States or of any party state, or if

10  the applicability of this compact to any government, agency,

11  person, or circumstance is held invalid, the validity of the

12  remainder of this compact and the applicability thereof to any

13  government, agency, person, or circumstance shall not be

14  affected thereby.

15         (2)  If all or some portion of this compact is held to

16  be contrary to the constitution of any party state, the

17  compact shall remain in full force and effect as to the

18  remaining party states and in full force and effect as to the

19  state affected as to all severable matters.

20         Section 44.  Paragraph (a) of subsection (2) of section

21  550.0951, subsections (10), (11), and (12) of section

22  550.2415, and subsection (9) of section 550.615, Florida

23  Statutes, are repealed.

24         Section 45.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1, 2000.

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 2324

  3

  4  This committee substitute makes the following changes:

  5  1)    Provides that the Pari-mutuel Wagering Trust Fund will
          retain $2 million when the balance is transferred to
  6        General Revenue.

  7  2)    Changes the tax on live and simulcast greyhound handle
          to 5.6%, instead of the 7.6% rate in current law and the
  8        3.6% rate in CS/SB 2324.

  9  3)    Keeps the tax rate on ITW harness handle at 3.3%,
          instead of 1.6% in CS/SB 2324.
10
    4)    Keeps the tax rate on ITW simulcast thoroughbred handle
11        at 2.4%, instead of the 2.0% rate in CS/SB 2324; changes
          tax on simulcast ITW harness handle to 1.25%, instead of
12        2.4% in current law and 1.2% in CS/SB 2324.

13  5)    Changes the tax on simulcast greyhound handle in the
          Jacksonville, Tampa Bay and South Florida market areas
14        to 4.0%, instead of the 6.0% rate in current law and the
          2.0% rate in CS/SB 2324.
15
    6)    Keeps the tax on thoroughbred ITW simulcast handle at
16        2.4%, instead of the 2.0% rate in CS/SB 2324.

17  7)    Deletes the 2% tax credit for contributions to the
          Jockeys Guild.
18
    8)    Provides that a greyhound or jai alai facility being
19        relocated within a county must be consistent with local
          government comprehensive plan.
20
    9)    Deletes the provision redirecting proceeds of unclaimed
21        winning jai alai tickets from the State School Fund to
          the Jai Alai Association.
22
    10)   Keeps required purse payments for harness racing at 7%
23        of ITW handle, instead of 7.85% requirement in CS/SB
          2324.
24
    11)   Deletes the provision that would have eliminated the tax
25        on admissions for all types of pari-mutuel performances
          and would have exempted programs and parking from the
26        state sales tax.

27  12)   Provides that the act will take effect July 1, 2000,
          instead of "upon becoming a law."
28

29

30

31

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