CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment to amendment
12  (263483):
13
14         Senate Amendment (with title amendment) 
15         On page 1, line 17, through
16            page 72, line 16, delete those lines
17
18  and insert:
19         Section 1.  Subsection (1) of section 561.501, Florida
20  Statutes, is amended to read:
21         561.501  Surcharge on sale of alcoholic beverages for
22  consumption on the premises; penalty.--
23         (1)  Notwithstanding s. 561.50 or any other provision
24  of the Beverage Law, a surcharge of 3.34 6.67 cents is imposed
25  upon each ounce of liquor and each 4 ounces of wine, a
26  surcharge of 2 4 cents is imposed on each 12 ounces of cider,
27  and a surcharge of 1.34 2.67 cents is imposed on each 12
28  ounces of beer sold at retail for consumption on premises
29  licensed by the division as an alcoholic beverage vendor.
30  However, the surcharges imposed under this subsection need not
31  be paid upon such beverages when they are sold by an
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  organization that is licensed by the division under s.
  2  565.02(4) or s. 561.422 as an alcoholic beverage vendor and
  3  that is determined by the Internal Revenue Service to be
  4  currently exempt from federal income tax under s. 501(c)(3),
  5  (4), (5), (6), (7), (8), or (19) of the Internal Revenue Code
  6  of 1986, as amended.
  7         Section 2.  Subsection (4) of section 561.121, Florida
  8  Statutes, is amended to read:
  9         561.121  Deposit of revenue.--
10         (4)  State funds collected pursuant to s. 561.501 shall
11  be paid into the State Treasury and credited to the following
12  accounts:
13         (a)  Twenty-seven and two-tenths Thirteen and
14  six-tenths percent of the surcharge on the sale of alcoholic
15  beverages for consumption on premises shall be transferred to
16  the Children and Adolescents Substance Abuse Trust Fund, which
17  shall remain with the Department of Children and Family
18  Services for the purpose of funding programs directed at
19  reducing and eliminating substance abuse problems among
20  children and adolescents.
21         (b)  The remainder of collections shall be credited to
22  the General Revenue Fund.
23         Section 3.  Subsection (6) of section 212.20, Florida
24  Statutes, is amended to read:
25         212.20  Funds collected, disposition; additional powers
26  of department; operational expense; refund of taxes
27  adjudicated unconstitutionally collected.--
28         (6)  Distribution of all proceeds under this chapter
29  shall be as follows:
30         (a)  Proceeds from the convention development taxes
31  authorized under s. 212.0305 shall be reallocated to the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  Convention Development Tax Clearing Trust Fund.
  2         (b)  Proceeds from discretionary sales surtaxes imposed
  3  pursuant to ss. 212.054 and 212.055 shall be reallocated to
  4  the Discretionary Sales Surtax Clearing Trust Fund.
  5         (c)  Proceeds from the tax imposed pursuant to s.
  6  212.06(5)(a)2. shall be reallocated to the Mail Order Sales
  7  Tax Clearing Trust Fund.
  8         (d)  Proceeds from the fee imposed pursuant to s.
  9  212.18(5) shall be deposited in the Solid Waste Management
10  Clearing Trust Fund, which is hereby created to be used by the
11  department, and shall be subsequently transferred to the State
12  Treasurer to be deposited into the Solid Waste Management
13  Trust Fund.
14         (e)  Proceeds from the fees imposed under ss.
15  212.05(1)(i)3. and 212.18(3) shall remain with the General
16  Revenue Fund.
17         (f)  The proceeds of all other taxes and fees imposed
18  pursuant to this chapter shall be distributed as follows:
19         1.  In any fiscal year, the greater of $500 million,
20  minus an amount equal to 4.6 percent of the proceeds of the
21  taxes collected pursuant to chapter 201, or 5 percent of all
22  other taxes and fees imposed pursuant to this chapter shall be
23  deposited in monthly installments into the General Revenue
24  Fund.
25         2.  Two-tenths of one percent shall be transferred to
26  the Solid Waste Management Trust Fund.
27         3.  After the distribution under subparagraphs 1. and
28  2., 9.653 percent of the amount remitted by a sales tax dealer
29  located within a participating county pursuant to s. 218.61
30  shall be transferred into the Local Government Half-cent Sales
31  Tax Clearing Trust Fund.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         4.  After the distribution under subparagraphs 1., 2.,
  2  and 3., 0.054 percent shall be transferred to the Local
  3  Government Half-cent Sales Tax Clearing Trust Fund and
  4  distributed pursuant to s. 218.65.
  5         5.  Of the remaining proceeds:
  6         a.  Beginning July 1, 2000, and in each fiscal year
  7  thereafter, the sum of $29,915,500 shall be divided into as
  8  many equal parts as there are counties in the state, and one
  9  part shall be distributed to each county.  The distribution
10  among the several counties shall begin each fiscal year on or
11  before January 5th and shall continue monthly for a total of 4
12  months.  If a local or special law required that any moneys
13  accruing to a county in fiscal year 1999-2000 under the
14  then-existing provisions of s. 550.135 be paid directly to the
15  district school board, special district, or a municipal
16  government, such payment shall continue until such time that
17  the local or special law is amended or repealed.  The state
18  covenants with holders of bonds or other instruments of
19  indebtedness issued by local governments, special districts,
20  or district school boards prior to July 1, 2000, that it is
21  not the intent of this subparagraph to adversely affect the
22  rights of those holders or relieve local governments, special
23  districts, or district school boards of the duty to meet their
24  obligations as a result of previous pledges or assignments or
25  trusts entered into which obligated funds received from the
26  distribution to county governments under then-existing s.
27  550.135.  This distribution specifically is in lieu of funds
28  distributed under s. 550.135 prior to July 1, 2000.
29         b.a.  Beginning July 1, 1992, $166,667 shall be
30  distributed monthly by the department to each applicant that
31  has been certified as a "facility for a new professional
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  sports franchise" or a "facility for a retained professional
  2  sports franchise" pursuant to s. 288.1162 and $41,667 shall be
  3  distributed monthly by the department to each applicant that
  4  has been certified as a "new spring training franchise
  5  facility" pursuant to s. 288.1162. Distributions shall begin
  6  60 days following such certification and shall continue for 30
  7  years. Nothing contained herein shall be construed to allow an
  8  applicant certified pursuant to s. 288.1162 to receive more in
  9  distributions than actually expended by the applicant for the
10  public purposes provided for in s. 288.1162(7). However, a
11  certified applicant shall receive distributions up to the
12  maximum amount allowable and undistributed under this section
13  for additional renovations and improvements to the facility
14  for the franchise without additional certification.
15         c.b.  Beginning 30 days after notice by the Office of
16  Tourism, Trade, and Economic Development to the Department of
17  Revenue that an applicant has been certified as the
18  professional golf hall of fame pursuant to s. 288.1168 and is
19  open to the public, $166,667 shall be distributed monthly, for
20  up to 300 months, to the applicant.
21         d.c.  Beginning 30 days after notice by the Department
22  of Commerce to the Department of Revenue that the applicant
23  has been certified as the International Game Fish Association
24  World Center facility pursuant to s. 288.1169, and the
25  facility is open to the public, $83,333 shall be distributed
26  monthly, for up to 180 months, to the applicant.  This
27  distribution is subject to reduction pursuant to s. 288.1169.
28         6.  All other proceeds shall remain with the General
29  Revenue Fund.
30         Section 4.  Subsection (8) of section 550.01215 is
31  repealed.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         Section 5.  Section 550.135, Florida Statutes, is
  2  amended to read:
  3         550.135  Division of moneys derived under this
  4  law.--All moneys that are deposited with the Treasurer to the
  5  credit of the Pari-mutuel Wagering Trust Fund shall be
  6  distributed as follows in the following proportions, in the
  7  manner and at the times specified in this section:
  8         (1)  In each fiscal year, the sum of $29,915,500 shall
  9  be divided into as many equal parts as there are counties in
10  the state, and one part shall be distributed to each county;
11  any excess of such moneys after the distributions to the
12  counties shall be paid into the General Revenue Fund. If the
13  sum available for distribution is less than $29,915,500, the
14  deficiency shall be paid into the Pari-mutuel Wagering Trust
15  Fund from the General Revenue Fund up to the amount of the
16  deficiency if the deficiency does not exceed the deposits of
17  pari-mutuel tax collections to the General Revenue Fund for
18  that fiscal year.
19         (2)  The distribution among the several counties
20  provided for in subsection (1) shall begin each fiscal year on
21  or before January 5 and shall continue monthly for a total of
22  4 months.  If during the fiscal year the sums available for
23  distribution to the counties is not sufficient to make the
24  scheduled distributions, the division shall immediately
25  transfer to the Pari-mutuel Wagering Trust Fund from deposits
26  made by the division to the General Revenue Fund during that
27  fiscal year, the sums required to make the distributions.  If
28  on April 5 the sums distributed to the counties do not equal
29  the maximum sum to be distributed, the division shall
30  immediately transfer to the Pari-mutuel Wagering Trust Fund,
31  from deposits made by the division to the General Revenue Fund
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  during that fiscal year, the sums required to pay each county
  2  the sum entitled and shall make such payments on or before the
  3  end of that fiscal year.  The Comptroller is appointed as the
  4  agent of the division to make the distribution to the counties
  5  and to make transfers as may be required by this section.
  6         (1)(3)  The daily license fee revenues collected
  7  pursuant to s. 550.0951(1) shall be used to fund the operating
  8  cost of the division and to provide a proportionate share of
  9  the operation of the office of the secretary and the Division
10  of Administration of the Department of Business and
11  Professional Regulation; however, other collections in the
12  Pari-mutuel Wagering Trust Fund, after the payments required
13  by subsections (1) and (2), may also be used to fund the
14  operation of the division in accordance with authorized
15  appropriations.
16         (2)(4)  After payments to the counties have been
17  completed as provided in subsections (1) and (2), All
18  unappropriated funds in excess of $3.5 million in the
19  Pari-mutuel Wagering Trust Fund shall be deposited to the
20  Treasurer to the credit of the General Revenue Fund as
21  provided in subsection (1).
22         (5)  If a local or special law requires that any moneys
23  accruing to a county under this chapter, the same being
24  division funds, be paid to the Treasurer of the state, as ex
25  officio treasurer of the teachers' salary fund, to the credit
26  of a district school board, those moneys shall be paid
27  directly to the district school board.
28         Section 6.  Subsections (1), (3), and (5) and paragraph
29  (b) of subsection (6) of section 550.0951, Florida Statutes,
30  are amended to read:
31         550.0951  Payment of daily license fee and taxes.--
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         (1)(a)  DAILY LICENSE FEE.--Each person engaged in the
  2  business of conducting race meetings or jai alai games under
  3  this chapter, hereinafter referred to as the "permitholder,"
  4  "licensee," or "permittee," shall pay to the division, for the
  5  use of the division, a daily license fee on each live or
  6  simulcast pari-mutuel event of $100 for each horserace and $80
  7  for each dograce and $40 for each jai alai game conducted at a
  8  racetrack or fronton licensed under this chapter.  Effective
  9  October 1, 1996, In addition to the tax exemption specified in
10  s. 550.09514(1) of $360,000 or $500,000 per greyhound
11  permitholder per state fiscal year, each greyhound
12  permitholder shall receive in the current state fiscal year a
13  tax credit equal to the number of live greyhound races
14  conducted in the previous state fiscal year times the daily
15  license fee specified for each dograce in this subsection
16  applicable for the previous state fiscal year.  This tax
17  credit and the exemption in s. 550.09514(1) shall be
18  applicable to any the tax imposed by this chapter or the daily
19  license fees imposed by this chapter on live handle under
20  subsection (3) except during any charity or scholarship
21  performances conducted pursuant to s. 550.0351. Effective
22  October 1, 1996, Each permitholder shall pay daily license
23  fees not to exceed $500 per day on any simulcast races or
24  games on which such permitholder accepts wagers regardless of
25  the number of out-of-state events taken or the number of
26  out-of-state locations from which such events are taken. This
27  license fee shall be deposited with the Treasurer to the
28  credit of the Pari-mutuel Wagering Trust Fund.
29         (b)  Each permitholder that authorized a maximum tax
30  savings of $500,000 per state fiscal year pursuant to s.
31  550.09514(1) or the greyhound permitholder that had the lowest
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  live handle during the preceding state fiscal year, which
  2  cannot utilize the full amount of the exemption of $360,000 or
  3  $500,000 provided in s. 550.09514(1) or the daily license fee
  4  credit provided in this section, may, after notifying the
  5  division in writing, elect once per state fiscal year on a
  6  form provided by the division to transfer such exemption or
  7  credit or any portion thereof to any greyhound permitholder
  8  which acts as a host track to such permitholder for the
  9  purpose of intertrack wagering. Once an election to transfer
10  such exemption or credit is filed with the division it shall
11  not be rescinded. The division shall disapprove the credit
12  transfer when the amount of the exemption or credit or portion
13  thereof is unavailable to the transferring permitholder or
14  when the permitholder, who is entitled to transfer the
15  exemption or credit or who is entitled to receive the
16  exemption or credit, owes taxes to the state pursuant to a
17  deficiency letter or administrative complaint issued by the
18  division. Upon approval of the transfer by the division, the
19  transferred tax exemption or credit shall be effective for the
20  first performance of the next biweekly pay period as specified
21  in subsection (5). The exemption or daily license fee credit
22  transferred to such host track may be applied by such host
23  track against any its taxes imposed by this chapter or daily
24  license fees imposed by this chapter on live racing as
25  provided in this subsection. The greyhound permitholder host
26  track to which such exemption or daily license fee credit is
27  transferred shall reimburse such permitholder the exact
28  monetary value of such transferred exemption or credit as
29  actually applied against the taxes and daily license fees of
30  the host track. The division shall ensure that all transfers
31  of exemption or credit are made in accordance with this
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  subsection and shall have the authority to adopt rules to
  2  ensure the implementation of this section.
  3         (3)  TAX ON HANDLE.--Each permitholder shall pay a tax
  4  on contributions to pari-mutuel pools, the aggregate of which
  5  is hereinafter referred to as "handle," on races or games
  6  conducted by the permitholder. The tax is imposed daily and is
  7  based on the total contributions to all pari-mutuel pools
  8  conducted during the daily performance.  If a permitholder
  9  conducts more than one performance daily, the tax is imposed
10  on each performance separately.
11         (a)  The tax on handle for thoroughbred horse racing,
12  harness horse racing, and quarter horse racing is 1.0 3.3
13  percent of the handle.
14         (b)1.  The tax on handle for dogracing is 5.5 7.6
15  percent of the handle, except that for live charity
16  performances held pursuant to s. 550.0351, and for intertrack
17  wagering on such charity performances at a guest greyhound
18  track within the market area of the host, the tax is 7.6
19  percent of the handle. and
20         2.  The tax on handle for jai alai is 7.1 percent of
21  the handle.
22         (c)1.  The tax on handle for intertrack wagering is 2.0
23  3.3 percent of the handle if the host track is a horse track,
24  3.3 percent if the host track is a harness track, 5.5 7.6
25  percent if the host track is a dog track, and 7.1 percent if
26  the host track is a jai alai fronton. The tax on handle for
27  intertrack wagering is 0.5 percent if the host track and the
28  guest track are thoroughbred permitholders or if the guest
29  track is located outside the market area of the host track and
30  within the market area of a throughbred permitholder currently
31  conducting a live race meet. The tax on handle for intertrack
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  wagering on rebroadcasts of simulcast thoroughbred horseraces
  2  is 2.4 percent of the handle and 1.5 percent of the handle for
  3  intertrack wagering on rebroadcasts of simulcast harness
  4  horseraces.  The tax shall be deposited into the Pari-mutuel
  5  Wagering Trust General Revenue Fund.
  6         2.  Effective October 1, 1996, The tax on handle for
  7  intertrack wagers accepted by any dog track located in an area
  8  of the state in which there are only three permitholders, all
  9  of which are greyhound permitholders, located in three
10  contiguous counties, from any greyhound permitholder also
11  located within such area or any dog track or jai alai fronton
12  located as specified in s. 550.615(6) or (9) (8), on races or
13  games received from the same class of permitholder located
14  within the same market area is 3.9 6 percent if the host
15  facility is a greyhound permitholder and, if the host facility
16  is a jai alai permitholder, the rate shall be 6.1 percent
17  except that it shall be 2.3 percent on handle at such time as
18  the total tax on intertrack handle paid to the division by the
19  permitholder during the current state fiscal year exceeds the
20  total tax on intertrack handle paid to the division by the
21  permitholder during the 1992-1993 state fiscal year.
22         3.  Any guest track that imposes a surcharge on each
23  winning ticket cashed pursuant to s. 550.6335 shall pay an
24  additional tax equal to 5 percent of the surcharge so imposed.
25  Any taxes so imposed shall be deposited into the General
26  Revenue Fund.
27         (d)  Notwithstanding any other provision of this
28  chapter, in order to protect the Florida jai alai industry,
29  effective July 1, 2000, a jai alai permitholder may not be
30  taxed on live handle at a rate higher than 2 percent.
31         (5)  PAYMENT AND DISPOSITION OF FEES AND
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  TAXES.--Payment for the admission tax, tax on handle, and the
  2  breaks tax imposed by this section shall be paid to the
  3  division. The division shall deposit these sums with the
  4  Treasurer, to the credit of one-half being credited to the
  5  Pari-mutuel Wagering Trust Fund, hereby established, and
  6  one-half being credited to the General Revenue Fund. The
  7  permitholder shall remit to the division payment for the daily
  8  license fee, the admission tax, the tax on handle, and the
  9  breaks tax.  Such payments shall be remitted by 3 p.m. Friday
10  of each week for taxes and fees imposed and collected for the
11  preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday
12  of each week for taxes imposed and collected for the preceding
13  week ending on Sunday Wednesday, Thursday, Friday, and
14  Saturday. Permitholders shall file a report under oath by the
15  5th day of each calendar month for all taxes remitted during
16  the preceding calendar month.  Such payments shall be
17  accompanied by a report under oath showing the total of all
18  admissions, the pari-mutuel wagering activities for the
19  preceding calendar month, and such other information as may be
20  prescribed by the division.
21         (6)  PENALTIES.--
22         (b)  In addition to the civil penalty prescribed in
23  paragraph (a), any willful or wanton failure by any
24  permitholder to make payments of the daily license fee,
25  admission tax, tax on handle, or breaks tax, or surtax
26  constitutes sufficient grounds for the division to suspend or
27  revoke the license of the permitholder, to cancel the permit
28  of the permitholder, or to deny issuance of any further
29  license or permit to the permitholder.
30         Section 7.  Any double-sum tax liability that accrued
31  under section 550.09515(2)(a)2., Florida Statutes, between
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  January 1, 2000, and the effective date of this act is
  2  forgiven, and the Department of Business and Professional
  3  Regulation may not maintain an action to collect such taxes.
  4         Section 8.  Section 550.09514, Florida Statutes, is
  5  amended to read:
  6         550.09514  Greyhound dogracing taxes; purse
  7  requirements.--
  8         (1)  Notwithstanding the provisions of s.
  9  550.0951(3)(b), Wagering on greyhound racing is subject to a
10  tax on handle for live greyhound racing as specified in s.
11  550.0951(3) at the rate of 7.6 percent of handle. However,
12  each permitholder shall pay no the tax on live handle in
13  excess of $100,000 per performance until such time as this
14  subsection has resulted in a tax savings per state fiscal year
15  of $360,000. Thereafter, each permitholder shall pay the tax
16  as specified in s. 550.0951(3) provided in this subsection on
17  all handle for the remainder of the permitholder's current
18  race meet, and the tax must be calculated and commence
19  beginning the day after the biweekly period in which the
20  permitholder reaches the maximum tax savings per state fiscal
21  year provided in this section.  For the three permitholders
22  that which conducted a full schedule of live racing in 1995,
23  and are closest to another state that which authorizes
24  greyhound pari-mutuel wagering, the maximum tax savings per
25  state fiscal year shall be $500,000.  The provisions of this
26  subsection relating to tax exemptions shall not apply to any
27  charity or scholarship performances conducted pursuant to s.
28  550.0351.
29         (2)(a)  The division shall determine for each greyhound
30  permitholder the annual purse percentage rate of live handle
31  for the state fiscal year 1993-1994 by dividing total purses
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  paid on live handle by the permitholder, exclusive of payments
  2  made from outside sources, during the 1993-1994 state fiscal
  3  year by the permitholder's live handle for the 1993-1994 state
  4  fiscal year. Each permitholder shall pay as purses for live
  5  races conducted during its current race meet a percentage of
  6  its live handle not less than the percentage determined under
  7  this paragraph, exclusive of payments made by outside sources,
  8  for its 1993-1994 state fiscal year.
  9         (b)1.  Except as otherwise provided herein, in addition
10  to the minimum purse percentage required by paragraph (a),
11  each permitholder shall pay as purses, for fiscal year
12  1996-1997, an amount equal to 75 percent of the permitholder's
13  tax credit pursuant to s. 550.0951(1).
14         2.  Except as otherwise set forth herein, in addition
15  to the minimum purse percentage required by paragraph (a),
16  beginning July 1, 1997, each permitholder shall pay as purses
17  an annual amount equal to 75 percent of the daily license fees
18  paid by each permitholder for the 1994-1995 fiscal year. This
19  purse supplement shall be disbursed weekly during the
20  permitholder's race meet in an amount determined by dividing
21  the annual purse supplement by the number of performances
22  approved for the permitholder pursuant to its annual license
23  and multiplying that amount by the number of performances
24  conducted each week. For the greyhound permitholders in the
25  county where there are two greyhound permitholders located as
26  specified in s. 550.615(6), such permitholders shall pay in
27  the aggregate an amount equal to 75 percent of the daily
28  license fees paid by such permitholders for the 1994-1995
29  fiscal year. These permitholders shall be jointly and
30  severally liable for such purse payments.
31
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  The additional purses provided by this paragraph must be used
  2  exclusively for purses other than stakes.  The division shall
  3  conduct audits necessary to ensure compliance with this
  4  section.
  5         (c)1.  Each greyhound permitholder when conducting at
  6  least three live performances during any week shall pay purses
  7  in that week on wagers it accepts as a guest track on
  8  intertrack and simulcast greyhound races at the same rate as
  9  it pays on live races. Each greyhound permitholder when
10  conducting at least three live performances during any week
11  shall pay purses in that week, at the same rate as it pays on
12  live races, on wagers accepted on greyhound races at a guest
13  track which is not conducting live racing and is located
14  within the same market area as the greyhound permitholder
15  conducting at least three live performances during any week.
16         2.  Each host greyhound permitholder shall pay purses
17  on its simulcast and intertrack broadcasts of greyhound races
18  to guest facilities that are located outside its market area
19  in an amount equal to one quarter of an amount determined by
20  subtracting the transmission costs of sending the simulcast or
21  intertrack broadcasts from an amount determined by adding the
22  fees received for greyhound simulcast races plus 3 percent of
23  the greyhound intertrack handle at guest facilities that are
24  located outside the market area of the host and that paid
25  contractual fees to the host for such broadcasts of greyhound
26  races.
27         (d)  The division shall require sufficient
28  documentation from each greyhound permitholder regarding
29  purses paid on live racing to assure that the annual purse
30  percentage rates paid by each permitholder on the live races
31  are not reduced below those paid during the 1993-1994 state
                                  15
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  fiscal year. The division shall require sufficient
  2  documentation from each greyhound permitholder to assure that
  3  the purses paid by each permitholder on the greyhound
  4  intertrack and simulcast broadcasts are in compliance with the
  5  requirements of paragraph (c).
  6         (e)  In addition to the purse requirements of
  7  paragraphs (a)-(c), each greyhound permitholder shall pay as
  8  purses an amount equal to one-third of the amount of the tax
  9  reduction on live and simulcast handle applicable to such
10  permitholder as a result of the reductions in tax rates
11  provided by this act through the amendments to s. 550.0951(3).
12  With respect to intertrack wagering when the host and guest
13  tracks are greyhound permitholders not within the same market
14  area, an amount equal to the tax reduction applicable to the
15  guest track handle as a result of the reduction in tax rate
16  provided by this act through the amendment to s. 550.0951(3)
17  shall be distributed to the guest track, one-third of which
18  amount shall be paid as purses at the guest track. However, if
19  the guest track is a greyhound permitholder within the market
20  area of the host or if the guest track is not a greyhound
21  permitholder, an amount equal to such tax reduction applicable
22  to the guest track handle shall be retained by the host track,
23  one-third of which amount shall be paid as purses at the host
24  track. These purse funds shall be disbursed in the week
25  received if the permitholder conducts at least one live
26  performance during that week. If the permitholder does not
27  conduct at least one live performance during the week in which
28  the purse funds are received, the purse funds shall be
29  disbursed weekly during the permitholder's next race meet in
30  an amount determined by dividing the purse amount by the
31  number of performances approved for the permitholder pursuant
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  to its annual license, and multiplying that amount by the
  2  number of performances conducted each week. The division shall
  3  conduct audits necessary to ensure compliance with this
  4  paragraph.
  5         (f)(e)  Each greyhound permitholder shall, during the
  6  permitholder's race meet, supply kennel operators and the
  7  Division of Pari-Mutuel Wagering with a weekly report showing
  8  purses paid on live greyhound races and all greyhound
  9  intertrack and simulcast broadcasts, including both as a guest
10  and a host together with the handle or commission calculations
11  on which such purses were paid and the transmission costs of
12  sending the simulcast or intertrack broadcasts, so that the
13  kennel operators may determine statutory and contractual
14  compliance.
15         (g)(f)  Each greyhound permitholder shall make direct
16  payment of purses to the greyhound owners who have filed with
17  such permitholder appropriate federal taxpayer identification
18  information based on the percentage amount agreed upon between
19  the kennel operator and the greyhound owner.
20         (h)(g)  At the request of a majority of kennel
21  operators under contract with a greyhound permitholder, the
22  permitholder shall make deductions from purses paid to each
23  kennel operator electing such deduction and shall make a
24  direct payment of such deductions to the local association of
25  greyhound kennel operators formed by a majority of kennel
26  operators under contract with the permitholder. The amount of
27  the deduction shall be at least 1 percent of purses, as
28  determined by the local association of greyhound kennel
29  operators. No deductions may be taken pursuant to this
30  paragraph without a kennel operator's specific approval before
31  or after the effective date of this act.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         (3)  For the purpose of this section, the term "live
  2  handle" means the handle from wagers placed at the
  3  permitholder's establishment on the live greyhound races
  4  conducted at the permitholder's establishment.
  5         Section 9.  Subsections (2), (5), and (6) of section
  6  550.09515, Florida Statutes, are amended, and subsection (7)
  7  is added to that section, to read:
  8         550.09515  Thoroughbred horse taxes; abandoned interest
  9  in a permit for nonpayment of taxes.--
10         (2)
11         (a)  Notwithstanding the provisions of s.
12  550.0951(3)(a), the tax on handle for live thoroughbred
13  horserace horse performances shall be subject to the
14  following:
15         1.  The tax on handle per performance for live
16  thoroughbred performances is 0.5 2.0 percent of handle for
17  performances conducted during the period beginning on January
18  3 and ending March 16; 0.2 .20 percent of handle for
19  performances conducted during the period beginning March 17
20  and ending May 22; and 0.5 1.25 percent of handle for
21  performances conducted during the period beginning May 23 and
22  ending January 2.
23         2.  If any thoroughbred permitholder conducts
24  performances during more than one time period or if
25  performances are conducted during more than one period at any
26  facility, the tax on handle per performance is double the sum
27  of the tax percentages for the periods in which performances
28  are being conducted, except:
29         a.  Pursuant to s. 550.01215, two permitholders, by
30  mutual written agreement, may agree to the operation by one of
31  them in the other permitholder's tax period for up to 3 days,
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  if the 3 days are either the first 3 days or the last 3 days
  2  of the racing period in which the permitholders intend to
  3  operate.
  4         b.  If, on March 31 of any year, there is no
  5  permitholder holding a license for operating any one of the
  6  three race periods set forth in this section or if the
  7  permitholder who is licensed to operate in any period fails to
  8  operate for 10 consecutive days, a permitholder already
  9  licensed to operate in another period may apply for and be
10  issued a license to operate the period in question, in
11  addition to the period already licensed.
12         c.  Two permitholders who operated in different periods
13  in the preceding fiscal year may, by mutual written agreement,
14  switch periods for the current racing season, even if it
15  results in either permitholder or the facility of a
16  permitholder being operated in two different periods.
17
18  However, any thoroughbred permitholder whose total handle on
19  live performances during the 1991-1992 state fiscal year was
20  not greater than $34 million is authorized to conduct live
21  performances at any time of the year and shall pay 0.5 percent
22  on live handle per performance.
23         3.  For the period beginning on April 1 and ending May
24  23 during the state fiscal year 1992-1993, any permitholder
25  which has operated less than 51 racing days in the last 18
26  months may operate said period and pay 1.25 percent tax on
27  live handle per performance.  In the event this provision
28  takes effect after April 1, 1993, it shall be construed to
29  apply retroactively from April 1, 1993, through May 23, 1993.
30         4.  In the event any licenses have been issued to any
31  thoroughbred permitholders for racing dates prior to April 26,
                                  19
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  1993, then, notwithstanding the provisions of s. 550.525(2),
  2  amendments may be filed to the racing dates up to May 1, 1993.
  3         (b)  For purposes of this section, the term "handle"
  4  shall have the same meaning as in s. 550.0951, and shall not
  5  include handle from intertrack wagering.
  6         (5)  Notwithstanding the provisions of s.
  7  550.0951(3)(c), the tax on handle for intertrack wagering on
  8  rebroadcasts of simulcast horseraces is 2.4 percent of the
  9  handle; provided however, that if the guest track is a
10  throughbred track located more than 35 miles from the host
11  track, the host track shall pay a tax of .5 percent of the
12  handle, and additionally the host track shall pay to the guest
13  track 1.9 percent of the handle to be used by the guest track
14  solely for purses.  The tax shall be deposited into the
15  Pari-mutuel Wagering Trust General Revenue Fund.
16         (6)  Notwithstanding the provisions of s.
17  550.0951(3)(c), the tax on handle is 0.2 percent for
18  intertrack wagering and for intertrack wagering on
19  rebroadcasts of simulcast horseraces for a thoroughbred
20  permitholder that conducts performances during the period
21  beginning March 17 and ending May 22. This subsection applies
22  only to thoroughbred permitholders located in any area of the
23  state where there are three or more thoroughbred permitholders
24  within 25 miles of each other.  The tax shall be deposited
25  into the Pari-mutuel Wagering Trust General Revenue Fund.
26  Effective July 1, 2001, this subsection is repealed.
27         (7)  A credit equal to the amount of contributions made
28  by a thoroughbred permitholder during the taxable year
29  directly to the Jockeys' Guild or its health and welfare fund
30  to be used to provide health and welfare benefits for active,
31  disabled, and retired Florida jockeys and their dependents
                                  20
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  pursuant to reasonable rules of eligibility established by the
  2  Jockeys' Guild is allowed against taxes on live handle due for
  3  a taxable year under this section. A thoroughbred permitholder
  4  may not receive a credit greater than an amount equal to 1
  5  percent of its paid taxes for the previous taxable year.
  6         Section 10.  Effective July 1, 2001, paragraph (a) of
  7  subsection (2) of section 550.09515, Florida Statutes, as
  8  amended by section 4 of chapter 98-190, Laws of Florida, is
  9  reenacted to read:
10         550.09515  Thoroughbred horse taxes; abandoned interest
11  in a permit for nonpayment of taxes.--
12         (2)(a)  Notwithstanding the provisions of s.
13  550.0951(3)(a), The tax on handle for live thoroughbred
14  horserace horse performances shall be 0.5 percent. subject to
15  the following:
16         1.  The tax on handle per performance for live
17  thoroughbred performances is 2.25 percent of handle for
18  performances conducted during the period beginning on January
19  3 and ending March 16; .70 percent of handle for performances
20  conducted during the period beginning March 17 and ending May
21  22; and 1.5 percent of handle for performances conducted
22  during the period beginning May 23 and ending January 2.
23         2.  However, any thoroughbred permitholder whose total
24  handle on live performances during the 1991-1992 state fiscal
25  year was not greater than $34 million is authorized to conduct
26  live performances at any time of the year and shall pay 0.5
27  percent on live handle per performance.
28         Section 11.  Section 550.1645, Florida Statutes, is
29  amended to read:
30         550.1645  Escheat to state of abandoned interest in or
31  contribution to pari-mutuel pools.--
                                  21
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         (1)  It is the public policy of the state, while
  2  protecting the interest of the owners, to possess all
  3  unclaimed and abandoned interest in or contribution to certain
  4  any pari-mutuel pools pool conducted in this state under this
  5  chapter, for the benefit of all the people of the state; and
  6  this law shall be liberally construed to accomplish such
  7  purpose.
  8         (2)  Except as otherwise provided in this chapter, all
  9  money or other property represented by any unclaimed,
10  uncashed, or abandoned pari-mutuel ticket which has remained
11  in the custody of or under the control of any licensee
12  authorized to conduct pari-mutuel pools in this state for a
13  period of 1 year after the date the pari-mutuel ticket was
14  issued, if the rightful owner or owners thereof have made no
15  claim or demand for such money or other property within the
16  aforesaid period of time, is hereby declared to have escheated
17  to or to escheat to, and to have become the property of, the
18  state.
19         (3)  All money or other property that has escheated to
20  and become the property of the state as provided herein, and
21  which is held by such licensee authorized to conduct
22  pari-mutuel pools in this state, shall be paid by such
23  licensee to the Treasurer annually within 60 days after the
24  close of the race meeting of the licensee.  Such moneys so
25  paid by the licensee to the Treasurer shall be deposited in
26  the State School Fund to be used for the support and
27  maintenance of public free schools as required by s. 6, Art.
28  IX of the State Constitution.
29         Section 12.  Section 550.1647, Florida Statutes, is
30  created to read:
31         550.1647  Greyhound permitholders; unclaimed tickets;
                                  22
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  breaks.--All money or other property represented by any
  2  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
  3  remained in the custody of or under the control of any
  4  permitholder authorized to conduct greyhound racing
  5  pari-mutuel pools in this state for a period of 1 year after
  6  the date the pari-mutuel ticket was issued, if the rightful
  7  owner or owners thereof have made no claim or demand for such
  8  money or other property within that period of time, shall,
  9  with respect to live races conducted by the permitholder, be
10  remitted to the state pursuant to s. 550.1645; however, such
11  permitholder shall be entitled to a credit in each state
12  fiscal year in an amount equal to the actual amount remitted
13  in the prior state fiscal year which may be applied against
14  any taxes imposed pursuant to this chapter. In addition, each
15  permitholder shall pay, from any source, including the
16  proceeds from performances conducted pursuant to s. 550.0351,
17  an amount not less than 10 percent of the amount of the credit
18  provided by this section to any bonafide organization that
19  promotes or encourages the adoption of greyhounds.
20         Section 13.  Section 550.615, Florida Statutes, is
21  amended to read:
22         550.615  Intertrack wagering.--
23         (1)  Any horserace permitholder licensed under this
24  chapter which has conducted a full schedule of live racing
25  may, at any time, receive broadcasts of horseraces and accept
26  wagers on horseraces conducted by horserace permitholders
27  licensed under this chapter at its facility.
28         (2)  Any track or fronton licensed under this chapter
29  which in the preceding year conducted a full schedule of live
30  racing is qualified to, at any time, receive broadcasts of any
31  class of pari-mutuel race or game and accept wagers on such
                                  23
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  races or games conducted by any class of permitholders
  2  licensed under this chapter.
  3         (3)  If a permitholder elects to broadcast its signal
  4  to any permitholder in this state, any permitholder that is
  5  eligible to conduct intertrack wagering under the provisions
  6  of ss. 550.615-550.6345 is entitled to receive the broadcast
  7  and conduct intertrack wagering under this section; provided,
  8  however, that the host track may require a guest track within
  9  25 miles of another permitholder to receive in any week at
10  least 60 percent of the live races that the host track is
11  making available on the days that the guest track is otherwise
12  operating live races or games. A host track may require a
13  guest track not operating live races or games and within 25
14  miles of another permitholder to accept within any week at
15  least 60 percent of the live races that the host track is
16  making available.  A person may not restrain or attempt to
17  restrain any permitholder that is otherwise authorized to
18  conduct intertrack wagering from receiving the signal of any
19  other permitholder or sending its signal to any permitholder.
20         (4)  In no event shall any intertrack wager be accepted
21  on the same class of live races or games of any permitholder
22  without the written consent of such operating permitholders
23  conducting the same class of live races or games if the guest
24  track is within the market area of such operating
25  permitholder.
26         (5)  No permitholder within the market area of the host
27  track shall take an intertrack wager on the host track without
28  the consent of the host track.
29         (6)  Notwithstanding the provisions of subsection (3),
30  in any area of the state where there are three or more
31  horserace permitholders within 25 miles of each other,
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  intertrack wagering between permitholders in said area of the
  2  state shall only be authorized under the following conditions:
  3  Any permitholder, other than a thoroughbred permitholder, may
  4  accept intertrack wagers on races or games conducted live by a
  5  permitholder of the same class or any harness permitholder
  6  located within such area and any harness permitholder may
  7  accept wagers on games conducted live by any jai alai
  8  permitholder located within its market area and from a jai
  9  alai permitholder located within the area specified in this
10  subsection when no jai alai permitholder located within its
11  market area is conducting live jai alai performances; any
12  greyhound or jai alai permitholder may receive broadcasts of
13  and accept wagers on any permitholder of the other class
14  provided that a permitholder, other than the host track, of
15  such other class is not operating a contemporaneous live
16  performance within the market area.
17         (7)  In any county of the state where there are only
18  two permits, one for dogracing and one for jai alai, no
19  intertrack wager may be taken during the period of time when a
20  permitholder is not licensed to conduct live races or games
21  without the written consent of the other permitholder that is
22  conducting live races or games.  However, if neither
23  permitholder is conducting live races or games, either
24  permitholder may accept intertrack wagers on horseraces or on
25  the same class of races or games, or on both horseraces and
26  the same class of races or games as is authorized by its
27  permit.
28         (8)  In any three contiguous counties of the state
29  where there are only three permitholders, all of which are
30  greyhound permitholders, if any permitholder leases the
31  facility of another permitholder for all or any portion of the
                                  25
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  conduct of its live race meet pursuant to s. 550.475, such
  2  lessee may conduct intertrack wagering at its pre-lease
  3  permitted facility throughout the entire year, including while
  4  its live meet is being conducted at the leased facility, if
  5  such permitholder has conducted a full schedule of live racing
  6  during the preceding fiscal year at its pre-lease permitted
  7  facility or at a leased facility, or combination thereof.
  8         (9)(8)  In any two contiguous counties of the state in
  9  which there are located only four active permits, one for
10  thoroughbred horse racing, two for greyhound dogracing, and
11  one for jai alai games, no intertrack wager may be accepted on
12  the same class of live races or games of any permitholder
13  without the written consent of such operating permitholders
14  conducting the same class of live races or games if the guest
15  track is within the market area of such operating
16  permitholder.
17         (10)(9)(a)  Upon application to the division on or
18  before January 31 of each year, any quarter horse permitholder
19  that has conducted at least 15 days of thoroughbred horse
20  sales at a permanent sales facility for at least 3 consecutive
21  years, and conducted at least one day of nonwagering
22  thoroughbred racing, with a purse structure of at least
23  $250,000 per year for 2 consecutive years prior to such
24  application, shall be issued a license to conduct intertrack
25  wagering for thoroughbred racing for up to 21 days in
26  connection with thoroughbred sales, to conduct intertrack
27  wagering at such permanent sales facility between November 1
28  and May 8 of the following year, to conduct intertrack
29  wagering at such permanent sales facility between May 9 and
30  October 31 at such times and on such days as any jai alai
31  permitholder in the same county is not conducting live
                                  26
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  performances, and to conduct intertrack wagering under the
  2  provisions of this subsection during the weekend of the
  3  Kentucky Derby, the Preakness, the Belmont, and a Breeders'
  4  Cup Meet that is conducted before November 1 and after May 8,
  5  subject to conditions set forth in this subsection, provided
  6  that no more than one such license may be issued.
  7         (b)  If more than one permitholder applies, the
  8  division shall determine which permitholder shall be granted
  9  the license. In making its determination, the division shall
10  consider the length of time the permitholder has been
11  conducting thoroughbred horse sales in this state, the length
12  of time the applicant has had a permanent location in this
13  state, and the volume of sales of thoroughbred horses in this
14  state, giving the greater weight to the applicant that meets
15  these criteria.
16         (c)  The applicant must comply with the provisions of
17  ss. 550.125 and 550.1815.
18         (d)  Intertrack wagering under this subsection may not
19  be conducted within 50 miles of any greyhound racetrack that
20  conducted a full schedule of live racing prior to June 1,
21  1990.
22         (e)  For each year such quarter horse permitholder must
23  obtain the license set forth in paragraph (a), any provisions
24  relating to suspension or revocation of a quarter horse permit
25  for failure to conduct live quarter horse racing do not apply.
26         (f)  Intertrack wagering under this subsection may only
27  be conducted on thoroughbred horse racing, and intertrack
28  wagering under this subsection may not be conducted on evening
29  performances.
30         (11)(10)  All costs of receiving the transmission of
31  the broadcasts shall be borne by the guest track; and all
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  costs of sending the broadcasts shall be borne by the host
  2  track.
  3         (12)(11)  Notwithstanding any other provision of this
  4  section, any thoroughbred permitholder that conducts
  5  performances during the period beginning May 23 and ending
  6  January 2 must make available any live pari-mutuel event
  7  conducted and any simulcast pari-mutuel event received by such
  8  permitholder to any thoroughbred permitholder that conducts
  9  performances during the period beginning March 17 and ending
10  May 22, and such guest permitholder is authorized to accept
11  wagers on such signals.  Notwithstanding s. 550.0951(3)(c),
12  the tax on wagers accepted by the guest permitholder on such
13  events shall be 2 percent, but such amount shall be retained
14  by the host track as compensation for lost revenues and
15  purses.  At least 50 percent of the amount retained shall be
16  paid as purses at the host track. This subsection applies only
17  to thoroughbred permitholders located in any area of the state
18  where there are three or more thoroughbred permitholders
19  within 25 miles of each other.
20         Section 14.  Subsection (2) of section 550.0555,
21  Florida Statutes, is amended to read:
22         550.0555  Greyhound dogracing permits; relocation
23  within a county; conditions.--
24         (2)  Any holder of a valid outstanding permit for
25  greyhound dogracing in a county in which there is only one
26  dogracing permit issued, as well as any holder of a valid
27  outstanding permit for jai alai in a county where only one jai
28  alai permit is issued, is authorized, without the necessity of
29  an additional county referendum required under s. 550.0651, to
30  move the location for which the permit has been issued to
31  another location within a 30-mile radius of the location fixed
                                  28
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  in the permit issued in that county, provided the move does
  2  not cross the county boundary, that such relocation is
  3  approved under the zoning regulations of the county or
  4  municipality in which the permit is to be located as a planned
  5  development use, consistent with the comprehensive plan, and
  6  that such move is approved by the department after it is
  7  determined at a proceeding pursuant to chapter 120 in the
  8  county affected that the move is necessary to ensure the
  9  revenue-producing capability of the permittee without
10  deteriorating the revenue-producing capability of any other
11  pari-mutuel permittee within 50 miles; the distance shall be
12  measured on a straight line from the nearest property line of
13  one racing plant or jai alai fronton to the nearest property
14  line of the other.
15         Section 15.  Paragraph (a) of subsection (2) of section
16  550.09512, Florida Statutes, is amended to read:
17         550.09512  Harness horse taxes; abandoned interest in a
18  permit for nonpayment of taxes.--
19         (2)(a)  Notwithstanding the provisions of s.
20  550.0951(3)(a), The tax on handle for live harness horse
21  performances is 0.5 1 percent of handle per performance.
22         Section 16.  Section 550.475, Florida Statutes, is
23  amended to read:
24         550.475  Lease of pari-mutuel facilities by pari-mutuel
25  permitholders.--Holders of valid pari-mutuel permits for the
26  conduct of any jai alai games, dogracing, or thoroughbred and
27  standardbred horse racing in this state are shall be entitled
28  to lease any and all of their facilities to any other holder
29  of a same class valid pari-mutuel permit for jai alai games,
30  dogracing, or thoroughbred or standardbred horse racing, when
31  located within a 35-mile radius of each other; and such lessee
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  1  is shall be entitled to a permit and license to operate its
  2  race meet or jai-alai games at the leased premises.
  3         Section 17.  Subsection (1) of section 550.625, Florida
  4  Statutes, is amended to read:
  5         550.625  Intertrack wagering; purses; breeders'
  6  awards.--If a host track is a horse track:
  7         (1)  A host track racing under either a thoroughbred or
  8  quarter horse permit shall pay an amount equal to 7.0 6.125
  9  percent of all wagers placed pursuant to the provisions of s.
10  550.615, as purses during its current race meet.  However, up
11  to 0.50 percent of all wagers placed pursuant to s. 550.615
12  may, at the option of the host track, be deducted from the
13  amount retained by the host track for purses to supplement the
14  awards program for owners of Florida-bred horses as set forth
15  in s. 550.2625(6).  A host track racing under a harness permit
16  shall pay an amount equal to 7 percent of all wagers placed
17  pursuant to the provisions of s. 550.615, as purses during its
18  current race meet.  If a host track underpays or overpays
19  purses required by this section and s. 550.2625, the
20  provisions of s. 550.2625 apply to the overpayment or
21  underpayment.
22         Section 18.  Subsection (2) of section 550.155, Florida
23  Statutes, is amended to read:
24         550.155  Pari-mutuel pool within track enclosure;
25  takeouts; breaks; penalty for purchasing part of a pari-mutuel
26  pool for or through another in specified circumstances.--
27         (2)  The permitholder's share of the takeout is that
28  portion of the takeout that remains after the pari-mutuel tax
29  imposed upon the contributions to the pari-mutuel pool is
30  deducted from the takeout and paid by the permitholder. The
31  takeout is deducted from all pari-mutuel pools but may be
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  1  different depending on the type of pari-mutuel pool.  The
  2  permitholder shall inform the patrons, either through the
  3  official program or via the posting of signs at conspicuous
  4  locations, as to the takeout currently being applied to handle
  5  at the facility.  A capital improvement proposed by a
  6  permitholder licensed under this chapter to a pari-mutuel
  7  facility existing on June 23, 1981, which capital improvement
  8  requires, pursuant to any municipal or county ordinance,
  9  resolution, or regulation, the qualification or approval of
10  the municipality or county wherein the permitholder conducts
11  its business operations, shall receive approval unless the
12  municipality or county is able to show that the proposed
13  improvement presents a justifiable and immediate hazard to the
14  health and safety of municipal or county residents, provided
15  the permitholder pays to the municipality or county the cost
16  of a building permit and provided the capital improvement
17  meets the following criteria:
18         (a)  The improvement does not qualify as a development
19  of regional impact as defined in s. 380.06; and
20         (b)  The improvement is contiguous to or within the
21  existing pari-mutuel facility site.  To be contiguous, the
22  site of the improvement must share a sufficient common
23  boundary with the present pari-mutuel facility to allow full
24  and free access without crossing a public roadway, public
25  waterway, or similar barrier.
26         Section 19.  Subsections (3), (5), (6), (8), and (10)
27  of section 550.26352, Florida Statutes, are amended to read:
28         550.26352  Breeders' Cup Meet; pools authorized;
29  conflicts; taxes; credits; transmission of races; rules;
30  application.--
31         (3)  If the permitholder conducting the Breeders' Cup
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  1  Meet is located within 35 miles of one or more permitholders
  2  scheduled to conduct a thoroughbred race meet on any of the 3
  3  days of the Breeders' Cup Meet, then operation on any of those
  4  3 days by the other permitholders is prohibited.  As
  5  compensation for the loss of racing days caused thereby, such
  6  operating permitholders shall receive a credit against the
  7  taxes otherwise due and payable to the state under ss.
  8  550.0951 and 550.09515.  This credit shall be in an amount
  9  equal to the operating loss determined to have been suffered
10  by the operating permitholders as a result of not operating on
11  the prohibited racing days, but shall not exceed a total of
12  $950,000 $500,000.  The determination of the amount to be
13  credited shall be made by the division upon application by the
14  operating permitholder.  The tax credits provided in this
15  subsection shall not be available unless an operating
16  permitholder is required to close a bona fide meet consisting
17  in part of no fewer than 10 scheduled performances in the 15
18  days immediately preceding or 10 scheduled performances in the
19  15 days immediately following the Breeders' Cup Meet.  Such
20  tax credit shall be in lieu of any other compensation or
21  consideration for the loss of racing days. There shall be no
22  replacement or makeup of any lost racing days.
23         (5)  The permitholder conducting the Breeders' Cup Meet
24  shall receive a credit against the taxes otherwise due and
25  payable to the state under ss. 550.0951 and 550.09515
26  generated during said permitholder's next ensuing regular
27  thoroughbred race meet. This credit shall be in an amount not
28  to exceed $950,000 $800,000 and shall be utilized by the
29  permitholder to pay the purses offered by the permitholder
30  during the Breeders' Cup Meet in excess of the purses which
31  the permitholder is otherwise required by law to pay.  The
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  1  amount to be credited shall be determined by the division upon
  2  application of the permitholder which is subject to audit by
  3  the division.
  4         (6)  The permitholder conducting the Breeders' Cup Meet
  5  shall receive a credit against the taxes otherwise due and
  6  payable to the state under ss. 550.0951 and 550.09515
  7  generated during said permitholder's next ensuing regular
  8  thoroughbred race meet. This credit shall be in an amount not
  9  to exceed $950,000 $800,000 and shall be utilized by the
10  permitholder for such capital improvements and extraordinary
11  expenses as may be necessary for operation of the Breeders'
12  Cup Meet.  The amount to be credited shall be determined by
13  the division upon application of the permitholder which is
14  subject to audit by the division.
15         (8)(a)  Pursuant to s. 550.3551(2), the permitholder
16  conducting the Breeders' Cup Meet is authorized to transmit
17  broadcasts of the races conducted during the Breeders' Cup
18  Meet to locations outside of this state for wagering purposes.
19  The division may approve broadcasts to pari-mutuel
20  permitholders and other betting systems authorized under the
21  laws of any other state or country. Wagers accepted by any
22  out-of-state pari-mutuel permitholder or betting system on any
23  races broadcast under this section may be, but are not
24  required to be, commingled with the pari-mutuel pools of the
25  permitholder conducting the Breeders' Cup Meet.  The
26  calculation of any payoff on national pari-mutuel pools with
27  commingled wagers may be performed by the permitholder's
28  totalisator contractor at a location outside of this state.
29  Pool amounts from wagers placed at pari-mutuel facilities or
30  other betting systems in foreign countries before being
31  commingled with the pari-mutuel pool of the Florida
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  permitholder conducting the Breeders' Cup Meet shall be
  2  calculated by the totalisator contractor and transferred to
  3  the commingled pool in United States currency in cycles
  4  customarily used by the permitholder. Pool amounts from wagers
  5  placed at any foreign pari-mutuel facility or other betting
  6  system shall not be commingled with a Florida pool until a
  7  determination is made by the division that the technology
  8  utilized by the totalisator contractor is adequate to assure
  9  commingled pools will result in the calculation of accurate
10  payoffs to Florida bettors.  Any totalisator contractor at a
11  location outside of this state shall comply with the
12  provisions of s. 550.495 relating to totalisator licensing.
13         (b)  The permitholder conducting the Breeders' Cup Meet
14  is authorized to transmit broadcasts of the races conducted
15  during the Breeders' Cup Meet to other pari-mutuel facilities
16  located in this state for wagering purposes; however, the
17  permitholder conducting the Breeders' Cup Meet shall not be
18  required to transmit broadcasts to any pari-mutuel facility
19  located within 25 miles of the facility at which the Breeders'
20  Cup Meet is conducted and, further, shall not transmit
21  broadcasts to any pari-mutuel facility located within 25 miles
22  of the facility at which the Breeders' Cup Meet is conducted
23  without the consent of all operating permitholders in the
24  market area.  Wagers accepted by all pari-mutuel facilities
25  located in the state on any races broadcast under this section
26  shall be included in the pari-mutuel pools of the permitholder
27  conducting the Breeders' Cup Meet.
28         (10)  The division is authorized to adopt such rules as
29  are necessary to facilitate the conduct of the Breeders' Cup
30  Meet as authorized in this section.  Included within this
31  grant of authority shall be the adoption or waiver of rules
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  regarding the overall conduct of racing during the Breeders'
  2  Cup Meet so as to ensure the integrity of the races, licensing
  3  for all participants, special stabling and training
  4  requirements for foreign horses, commingling of pari-mutuel
  5  pools, and audit requirements for tax credits and other
  6  benefits.
  7         Section 20.  Paragraph (a) of subsection (9) of section
  8  550.6305, Florida Statutes, is amended to read:
  9         550.6305  Intertrack wagering; guest track payments;
10  accounting rules.--
11         (9)  A host track that has contracted with an
12  out-of-state horse track to broadcast live races conducted at
13  such out-of-state horse track pursuant to s. 550.3551(5) may
14  broadcast such out-of-state races to any guest track and
15  accept wagers thereon in the same manner as is provided in s.
16  550.3551.
17         (a)  For purposes of this section, "net proceeds" means
18  the amount of takeout remaining after the payment of state
19  taxes, purses required pursuant to s. 550.0951(3)(c)1., the
20  cost to the permitholder required to be paid to the
21  out-of-state horse track, breeders' awards paid to the Florida
22  Thoroughbred Breeders' Association and the Florida
23  Standardbred Breeders and Owners Association, to be used as
24  set forth in s. 550.625(2)(a) and (b), and the deduction of
25  any amount retained pursuant to s. 550.615(12)(11).
26         Section 21.  Subsection (31) of section 550.002,
27  Florida Statutes, is amended to read:
28         550.002  Definitions.--As used in this chapter, the
29  term:
30         (31)  "Same class of races, games, race or permit"
31  means, with respect to a jai alai permitholder, jai alai games
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  or other jai alai permitholders; with respect to a greyhound
  2  permitholder, greyhound races or other greyhound
  3  permitholders; with respect to a thoroughbred permitholder,
  4  thoroughbred races or other thoroughbred permitholders; with
  5  respect to a harness permitholder, harness races or other
  6  harness permitholders; with respect to a quarter horse
  7  permitholder, quarter horse races or other quarter horse
  8  permitholders.
  9         Section 22.  Subsections (8) and (9) of section
10  550.0351, Florida Statutes, are amended to read:
11         550.0351  Charity racing days.--
12         (8)  In addition to the eligible charities that meet
13  the criteria set forth in this section, a jai alai
14  permitholder is authorized to conduct two one additional
15  charity performances performance each fiscal year for a fund
16  to benefit retired jai alai players.  This performance shall
17  be known as the "Retired Jai Alai Players Charity Day."  The
18  administration of this fund shall be determined by rule by the
19  division.
20         (9)  Notwithstanding the limitations set forth in
21  subsection (8), any jai alai permitholder who has not
22  conducted one "Retired Jai Alai Players Charity Day"
23  performance per year since the 1992-1993 fiscal year is
24  authorized to conduct up to two performances per fiscal year
25  until the time when the total number of such performances is
26  equivalent to the total number of fiscal years.  This
27  subsection shall be repealed on July 1, 2000.
28         Section 23.  Section 550.105, Florida Statutes, is
29  amended to read:
30         550.105  Occupational licenses of racetrack employees;
31  fees; denial, suspension, and revocation of license; penalties
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  and fines.--
  2         (1)  Each person connected with a racetrack or jai alai
  3  fronton, as specified in paragraph (2)(a), shall purchase from
  4  the division an annual occupational license, which license is
  5  valid from May 1 until June 30 of the following year.  All
  6  moneys collected pursuant to this section each fiscal year
  7  shall be deposited into the Pari-mutuel Wagering Trust Fund.
  8  If the division determines that it is in the best interest of
  9  the division and persons connected with racetracks, the
10  division may issue a license valid for one season at one
11  racetrack but may not make that determination apply to any
12  person who objects to such determination. In any event, the
13  season license fee must be equal to the annual occupational
14  license fee.  Any person may, at her or his option and
15  pursuant to the rules adopted by the division, purchase an
16  occupational license valid for a period of 3 years if the
17  purchaser of the license pays the full occupational license
18  fee for each of the years for which the license is purchased
19  at the time the 3-year license is requested.  The occupational
20  license shall be valid during its specified term at any
21  pari-mutuel facility.
22         (2)(a)  The following Unrestricted licenses shall be
23  issued to persons or entities with access to the backside,
24  racing animals, jai alai players' room, jockeys' room,
25  drivers' room, totalisator room, the mutuels, or money room,
26  or to persons who, by virtue of the position they hold, might
27  be granted access to these areas or to any other person or
28  entity in one of the following categories and with scheduled
29  annual fees as follows:.
30         1.  Business licenses: any business such as a vendor,
31  contractual concessionaire, contract kennel, business owning
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    Amendment No. ___
  1  racing animals, trust or estate, totalisator company, stable
  2  name, or other fictitious name: $50.
  3         2.  Professional occupational licenses: professional
  4  persons with access to the backside of a racetrack or players'
  5  quarters in jai alai such as trainers, officials,
  6  veterinarians, doctors, nurses, EMT's, jockeys and
  7  apprentices, drivers, jai alai players, owners, trustees, or
  8  any management or officer or director or shareholder or any
  9  other professional-level person who might have access to the
10  jockeys' room, the drivers' room, the backside, racing
11  animals, kennel compound, or managers or supervisors requiring
12  access to mutuels machines, the money room, or totalisator
13  equipment: $40.
14         3.  General occupational licenses: general employees
15  with access to the jockeys' room, the drivers' room, racing
16  animals, the backside of a racetrack or players' quarters in
17  jai alai, such as grooms, kennel helpers, leadouts, pelota
18  makers, cesta makers, or ball boys, or a practitioner of any
19  other occupation who would have access to the animals, the
20  backside, or the kennel compound, or who would provide the
21  security or maintenance of these areas, or mutuel employees,
22  totalisator employees, money-room employees, or any employee
23  with access to mutuels machines, the money room, or
24  totalisator equipment or who would provide the security or
25  maintenance of these areas: $10.
26
27  The individuals and entities that are licensed under this
28  paragraph Persons issued an unrestricted license require
29  heightened the most state scrutiny, including the submission
30  by the individual licensees or persons associated with the
31  entities described in this chapter of fingerprints for a
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  Federal Bureau of Investigation criminal records check.
  2         (b)  Restricted licenses shall be issued to persons
  3  without access to the backside, racing animals, jai alai
  4  players' room, jockeys' room, drivers' room, totalisator room,
  5  the mutuels, or money room. Persons issued a restricted
  6  license require the less state scrutiny and will not require
  7  routine criminal records check.  The division may require
  8  persons issued the restricted license to submit fingerprints
  9  for a criminal records check as needed for investigations.
10         (b)(c)  The division shall adopt promulgate rules
11  pertaining to pari-mutuel regarding unrestricted and
12  restricted occupational licenses.
13         (d)  Pari-mutuel occupational licenses shall be issued
14  in the categories and with scheduled annual fees as follows:
15         1.  Business licenses:  any business such as vendors,
16  contractual concessionaires, contract kennels, businesses
17  owning racing animals, trusts or estates, totalisator
18  companies, stable names, or other fictitious names: $50.
19         2.  Unrestricted licenses:  professional persons with
20  access to the backside of a racetrack or players' quarters in
21  jai alai such as trainers, officials, veterinarians, doctors,
22  nurses, EMT's, jockeys and apprentices, drivers, jai alai
23  players, owners, trustees, or any management or officer or
24  director or shareholder or any other professional level person
25  who might have access to the jockeys' room, drivers' room, the
26  backside, racing animals, or kennel compound:  $40.
27         3.  Unrestricted licenses:  general employees with
28  access to the jockeys' room, drivers' room, racing animals,
29  the backside of a racetrack or players' quarters in jai alai
30  such as grooms, kennel helpers, leadouts, pelota makers, cesta
31  makers, ball boys, vendor representatives, or any other
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  occupation who would have access to the animals, the backside,
  2  or the kennel compound, or the security or maintenance of
  3  these areas: $10.
  4         4.  Unrestricted licenses:  managers or supervisors
  5  requiring access to mutuels machines, the money room, or
  6  totalisator equipment but not requiring access to the
  7  backside: $40.
  8         5.  Unrestricted licenses:  mutuel employees,
  9  totalisator employees, money room employees, and any employee
10  with access to mutuels machines, the money room, or
11  totalisator equipment or the security or maintenance of these
12  areas:  $10.
13         6.  Restricted licenses:  managers, supervisors, and
14  other professionals who do not require access to the jockeys'
15  room, drivers' room, racing animals, the backside, the kennel
16  compound, mutuels areas, or money room or totalisator
17  equipment:  $40.
18         7.  Restricted licenses:  general employees or
19  occupations which do not require access to the jockeys' room,
20  drivers' room, racing animals, the backside, kennel compound,
21  mutuels areas, money room, or totalisator equipment: $10.
22         (3)  Certified public accountants and attorneys
23  licensed to practice in this state shall not be required to
24  hold an occupational license under this section while
25  providing accounting or legal services to a permitholder if
26  the certified public accountant's or attorney's primary place
27  of employment is not on the permitholder premises.
28         (4)(3)  It is unlawful for any person to take part in
29  or officiate in any way or to serve in any capacity at any
30  pari-mutuel facility without first having secured a license
31  and paid the occupational license fee.
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1         (5)(4)(a)  The division may:
  2         1.  Deny a license to or revoke, suspend, or place
  3  conditions upon or restrictions on a license of any person who
  4  has been refused a license by any other state racing
  5  commission or racing authority;
  6         2.  Deny, suspend, or place conditions on a license of
  7  any person who is under suspension or has unpaid fines in
  8  another jurisdiction;
  9
10  if the state racing commission or racing authority of such
11  other state or jurisdiction extends to the division reciprocal
12  courtesy to maintain the disciplinary control.
13         (b)  The division may deny, suspend, revoke, or declare
14  ineligible any occupational license if the applicant for or
15  holder thereof has violated the provisions of this chapter or
16  the rules of the division governing the conduct of persons
17  connected with racetracks and frontons.  In addition, the
18  division may deny, suspend, revoke, or declare ineligible any
19  occupational license if the applicant for such license has
20  been convicted in this state, in any other state, or under the
21  laws of the United States of a capital felony, a felony, or an
22  offense in any other state which would be a felony under the
23  laws of this state involving arson; trafficking in, conspiracy
24  to traffic in, smuggling, importing, conspiracy to smuggle or
25  import, or delivery, sale, or distribution of a controlled
26  substance; or a crime involving a lack of good moral
27  character, or has had a pari-mutuel license revoked by this
28  state or any other jurisdiction for an offense related to
29  pari-mutuel wagering.
30         (c)  The division may deny, declare ineligible, or
31  revoke any occupational license if the applicant for such
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                                                  SENATE AMENDMENT
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    Amendment No. ___
  1  license has been convicted of a felony or misdemeanor in this
  2  state, in any other state, or under the laws of the United
  3  States, if such felony or misdemeanor is related to gambling
  4  or bookmaking, as contemplated in s. 849.25, or involves
  5  cruelty to animals.  If the applicant establishes that she or
  6  he is of good moral character, that she or he has been
  7  rehabilitated, and that the crime she or he was convicted of
  8  is not related to pari-mutuel wagering and is not a capital
  9  offense, the restrictions excluding offenders may be waived by
10  the director of the division.
11         (d)  If an occupational license will expire by division
12  rule during the period of a suspension the division intends to
13  impose, or if a license would have expired but for pending
14  administrative charges and the occupational licensee is found
15  to be in violation of any of the charges, the license may be
16  revoked and a time period of license ineligibility may be
17  declared.  The division may bring administrative charges
18  against any person not holding a current license for
19  violations of statutes or rules which occurred while such
20  person held an occupational license, and the division may
21  declare such person ineligible to hold a license for a period
22  of time.  The division may impose a civil fine of up to $1,000
23  for each violation of the rules of the division in addition to
24  or in lieu of any other penalty provided for in this section.
25  In addition to any other penalty provided by law, the division
26  may exclude from all pari-mutuel facilities in this state, for
27  a period not to exceed the period of suspension, revocation,
28  or ineligibility, any person whose occupational license
29  application has been denied by the division, who has been
30  declared ineligible to hold an occupational license, or whose
31  occupational license has been suspended or revoked by the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  division.
  2         (e)  The division may cancel any occupational license
  3  that has been voluntarily relinquished by the licensee.
  4         (6)(5)  In order to promote the orderly presentation of
  5  pari-mutuel meets authorized in this chapter, the division may
  6  issue a temporary occupational license.  The division shall
  7  adopt rules to implement this subsection.  However, no
  8  temporary occupational license shall be valid for more than 30
  9  days, and no more than one temporary license may be issued for
10  any person in any year.
11         (7)(6)  The division may deny, revoke, or suspend any
12  occupational license if the applicant therefor or holder
13  thereof accumulates unpaid obligations or defaults in
14  obligations, or issues drafts or checks that are dishonored or
15  for which payment is refused without reasonable cause, if such
16  unpaid obligations, defaults, or dishonored or refused drafts
17  or checks directly relate to the sport of jai alai or racing
18  being conducted at a pari-mutuel facility within this state.
19         (8)(7)  The division may fine, or suspend or revoke, or
20  place conditions upon, the license of any licensee who under
21  oath knowingly provides false information regarding an
22  investigation by the division.
23         (9)(8)  The tax imposed by this section is in lieu of
24  all license, excise, or occupational taxes to the state or any
25  county, municipality, or other political subdivision, except
26  that, if a race meeting or game is held or conducted in a
27  municipality, the municipality may assess and collect an
28  additional tax against any person conducting live racing or
29  games within its corporate limits, which tax may not exceed
30  $150 per day for horseracing or $50 per day for dogracing or
31  jai alai.  Except as provided in this chapter, a municipality
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    Amendment No. ___
  1  may not assess or collect any additional excise or revenue tax
  2  against any person conducting race meetings within the
  3  corporate limits of the municipality or against any patron of
  4  any such person.
  5         (10)(9)  Upon application for an occupational license,
  6  the division may require the applicant's full legal name; any
  7  nickname, alias, or maiden name for the applicant; name of the
  8  applicant's spouse; the applicant's date of birth, residence
  9  address, mailing address, residence address and business phone
10  number, and social security number; disclosure of any felony
11  or any conviction involving bookmaking, illegal gambling, or
12  cruelty to animals; disclosure of any past or present
13  enforcement or actions by any racing or gaming agency against
14  the applicant; and any information the division determines is
15  necessary to establish the identity of the applicant or to
16  establish that the applicant is of good moral character.
17  Fingerprints shall be taken in a manner approved by the
18  division and then shall be submitted to the Federal Bureau of
19  Investigation, or to the association of state officials
20  regulating pari-mutuel wagering pursuant to the Federal
21  Pari-mutuel Licensing Simplification Act of 1988.  The cost of
22  processing fingerprints shall be borne by the applicant and
23  paid to the association of state officials regulating
24  pari-mutuel wagering from the trust fund to which the
25  processing fees are deposited.  The division shall require
26  each applicant for an occupational license to have the
27  applicant's signature witnessed and notarized or signed in the
28  presence of a division official.  The division, by rule, may
29  require additional information from licensees which is
30  reasonably necessary to regulate the industry.  The division
31  may, by rule, exempt certain occupations or groups of persons
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  from the fingerprinting requirements.
  2         Section 24.  Subsection (2) of section 550.24055,
  3  Florida Statutes, is amended to read:
  4         550.24055  Use of controlled substances or alcohol
  5  prohibited; testing of certain occupational licensees;
  6  penalty; evidence of test or action taken and admissibility
  7  for criminal prosecution limited.--
  8         (2)  The occupational licensees, by applying for and
  9  holding such licenses, are deemed to have given their consents
10  to submit to an approved chemical test of their breath for the
11  purpose of determining the alcoholic content of their blood
12  and to a urine or blood test for the purpose of detecting the
13  presence of controlled substances. Such tests shall only be
14  conducted upon reasonable cause that a violation has occurred
15  as shall be determined solely by the stewards at a horseracing
16  meeting or the judges or board of judges at a dogtrack or jai
17  alai meet. The failure to submit to such test may result in a
18  suspension of the person's occupational license for a period
19  of 10 days or until this section has been complied with,
20  whichever is longer.
21         (a)  If there was at the time of the test 0.05 percent
22  or less by weight of alcohol in the person's blood, the person
23  is presumed not to have been under the influence of alcoholic
24  beverages to the extent that the person's normal faculties
25  were impaired, and no action of any sort may be taken by the
26  stewards, judges, or board of judges or the division.
27         (b)  If there was at the time of the test an excess of
28  0.05 percent but less than 0.08 0.10 percent by weight of
29  alcohol in the person's blood, that fact does not give rise to
30  any presumption that the person was or was not under the
31  influence of alcoholic beverages to the extent that the
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  person's faculties were impaired, but the stewards, judges, or
  2  board of judges may consider that fact in determining whether
  3  or not the person will be allowed to officiate or participate
  4  in any given race or jai alai game.
  5         (c)  If there was at the time of the test 0.08 0.10
  6  percent or more by weight of alcohol in the person's blood,
  7  that fact is prima facie evidence that the person was under
  8  the influence of alcoholic beverages to the extent that the
  9  person's normal faculties were impaired, and the stewards or
10  judges may take action as set forth in this section, but the
11  person may not officiate at or participate in any race or jai
12  alai game on the day of such test.
13
14  All tests relating to alcohol must be performed in a manner
15  substantially similar, or identical, to the provisions of s.
16  316.1934 and rules adopted pursuant to that section.
17  Following a test of the urine or blood to determine the
18  presence of a controlled substance as defined in chapter 893,
19  if a controlled substance is found to exist, the stewards,
20  judges, or board of judges may take such action as is
21  permitted in this section.
22         Section 25.  Subsection (1) of section 550.26165,
23  Florida Statutes, is amended to read:
24         550.26165  Breeders' awards.--
25         (1)  The purpose of this section is to encourage the
26  agricultural activity of breeding and training racehorses in
27  this state.  Moneys dedicated in this chapter for use as
28  breeders' awards and stallion awards from breaks and uncashed
29  tickets from pari-mutuel wagering and horseraces are to be
30  used for awards of up to 20 percent of the announced gross
31  purse at any race to breeders of registered Florida-bred
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  horses winning horseraces and for similar awards to the owners
  2  of stallions who sired Florida-bred horses winning stakes
  3  races, if the stallions are registered as Florida stallions
  4  standing in this state. Such awards shall be given at a
  5  uniform rate to all winners of the awards, shall not be
  6  greater than 20 percent of the announced gross purse, and
  7  shall not be less than 15 percent of the announced gross purse
  8  if funds are available. In addition, no less than 17 percent
  9  nor more than 40 percent, as determined by the Florida
10  Thoroughbred Breeders' Association, of the moneys dedicated in
11  this chapter for use as breeders' awards and stallion awards
12  for thoroughbreds shall be returned prorata to the
13  permitholders that generated the moneys for awards to be
14  distributed by the permitholders to owners of registered
15  Florida-bred thoroughbred horses winning in thoroughbred races
16  and winning or placing in thoroughbred stakes races, all in
17  accordance with a plan established annually no later than 120
18  days before the first day of the permitholders' racing meet
19  and agreed upon by the permitholder, the Florida Thoroughbred
20  Breeders' Association, and the Florida Horsemen's Benevolent
21  and Protective Association, Inc., except that the plan for the
22  distribution by any permitholder located in the area described
23  in s. 550.615(9) shall be agreed upon by that permitholder,
24  the Florida Thoroughbred Breeders' Association, and the
25  association representing a majority of the thoroughbred
26  racehorse owners and trainers at that location. Awards for
27  thoroughbred races are to be paid through the Florida
28  Thoroughbred Breeders' Association, and awards for
29  standardbred races are to be paid through the Florida
30  Standardbred Breeders and Owners Association. Among other
31  sources specified in this chapter, The moneys for thoroughbred
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  breeders' awards will come from the 0.955 0.75 percent of
  2  handle for thoroughbred races conducted, received, broadcast,
  3  or simulcast under this chapter as provided in s. 550.2625(3).
  4  The moneys for quarter horse and harness breeders' awards will
  5  come from the breaks and uncashed tickets on live quarter
  6  horse and harness racing performances and 1 percent of handle
  7  on intertrack wagering.  The funds for these breeders' awards
  8  shall be paid to the respective breeders' associations by the
  9  permitholders conducting the races. The awards are to be given
10  at a uniform rate to all winners of the awards and may not be
11  less than 15 percent of the announced gross purse if funds are
12  available.
13         Section 26.  Subsections (2) and (3) of section
14  550.2625, Florida Statutes, are amended to read:
15         550.2625  Horseracing; minimum purse requirement,
16  Florida breeders' and owners' awards.--
17         (2)  Each permitholder conducting a horserace meet is
18  required to pay from the takeout withheld on pari-mutuel pools
19  a sum for purses in accordance with the type of race
20  performed.
21         (a)  A permitholder conducting a thoroughbred horse
22  race meet under this chapter must pay from the takeout
23  withheld a sum not less than 7.75 7.5 percent of all
24  contributions to pari-mutuel pools conducted during the race
25  meet as purses. In addition to the 7.75 7.5 percent minimum
26  purse payment, permitholders conducting live thoroughbred
27  performances shall be required to pay as additional purses
28  .625 percent of live handle for performances conducted during
29  the period beginning on January 3 and ending March 16; .225
30  percent for performances conducted during the period beginning
31  March 17 and ending May 22; and .85 percent for performances
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  conducted during the period beginning May 23 and ending
  2  January 2.  Except that any thoroughbred permitholder whose
  3  total handle on live performances during the 1991-1992 state
  4  fiscal year was not greater than $34 million is not subject to
  5  this additional purse payment. A permitholder authorized to
  6  conduct thoroughbred racing may withhold from the handle an
  7  additional amount equal to 1 percent on exotic wagering for
  8  use as owners' awards, and may withhold from the handle an
  9  amount equal to 2 percent on exotic wagering for use as
10  overnight purses.  No permitholder may withhold in excess of
11  20 percent from the handle without withholding the amounts set
12  forth in this subsection.
13         (b)1.  A permitholder conducting a harness horse race
14  meet under this chapter must pay to the purse pool from the
15  takeout withheld a purse requirement that totals an amount not
16  less than 8.25 8 percent of all contributions to pari-mutuel
17  pools conducted during the race meet.  An amount not less than
18  7.75 7.5 percent of the total handle shall be paid from this
19  purse pool as purses.
20         2.  An amount not to exceed 0.5 percent of the total
21  handle on all harness horse races that are subject to the
22  purse requirement of subparagraph 1., must be available for
23  use to provide medical, dental, surgical, life, funeral, or
24  disability insurance benefits for occupational licensees who
25  work at tracks in this state at which harness horse races are
26  conducted.  Such insurance benefits must be paid from the
27  purse pool specified in subparagraph 1.  An annual plan for
28  payment of insurance benefits from the purse pool, including
29  qualifications for eligibility, must be submitted by the
30  Florida Standardbred Breeders and Owners Association for
31  approval to the division.  An annual report of the implemented
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  plan shall be submitted to the division.  All records of the
  2  Florida Standardbred Breeders and Owners Association
  3  concerning the administration of the plan must be available
  4  for audit at the discretion of the division to determine that
  5  the plan has been implemented and administered as authorized.
  6  If the division finds that the Florida Standardbred Breeders
  7  and Owners Association has not complied with the provisions of
  8  this section, the division may order the association to cease
  9  and desist from administering the plan and shall appoint the
10  division as temporary administrator of the plan until the
11  division reestablishes administration of the plan with the
12  association.
13         (c)  A permitholder conducting a quarter horse race
14  meet under this chapter shall pay from the takeout withheld a
15  sum not less than 6 percent of all contributions to
16  pari-mutuel pools conducted during the race meet as purses.
17         (d)  The division shall adopt reasonable rules to
18  ensure the timely and accurate payment of all amounts withheld
19  by horserace permitholders regarding the distribution of
20  purses, owners' awards, and other amounts collected for
21  payment to owners and breeders.  Each permitholder that fails
22  to pay out all moneys collected for payment to owners and
23  breeders shall, within 10 days after the end of the meet
24  during which the permitholder underpaid purses, deposit an
25  amount equal to the underpayment into a separate
26  interest-bearing account to be distributed to owners and
27  breeders in accordance with division rules.
28         (e)  An amount equal to 8.5 percent of the purse
29  account generated through intertrack wagering and interstate
30  simulcasting will be used for Florida Owners' Awards as set
31  forth in subsection (3).  Any thoroughbred permitholder with
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  an average blended takeout which does not exceed 20 percent
  2  and with an average daily purse distribution excluding
  3  sponsorship, entry fees, and nominations exceeding $225,000 is
  4  exempt from the provisions of this paragraph.
  5         (3)  Each horseracing permitholder conducting any
  6  thoroughbred race under this chapter, including any intertrack
  7  race taken pursuant to ss. 550.615-550.6305 or any interstate
  8  simulcast taken pursuant to s. 550.3551(3) shall pay a sum
  9  equal to 0.955 0.75 percent on all pari-mutuel pools conducted
10  during any such race for the payment of breeders' and stallion
11  awards as authorized in this section.  This subsection also
12  applies to all Breeder's Cup races conducted outside this
13  state taken pursuant to s. 550.3551(3).  On any race
14  originating live in this state which is broadcast out-of-state
15  to any location at which wagers are accepted pursuant to s.
16  550.3551(2), the host track is required to pay 3.475 3.3
17  percent of the gross revenue derived from such out-of-state
18  broadcasts as breeders' and stallion awards.  The Florida
19  Thoroughbred Breeders' Association is authorized to receive
20  these payments from the permitholders and make payments of
21  awards earned.  The Florida Thoroughbred Breeders' Association
22  has the right to withhold up to 10 percent of the
23  permitholder's payments under this section as a fee for
24  administering the payments of awards and for general promotion
25  of the industry.  The permitholder shall remit these payments
26  to the Florida Thoroughbred Breeders' Association by the 5th
27  day of each calendar month for such sums accruing during the
28  preceding calendar month and shall report such payments to the
29  division as prescribed by the division.  With the exception of
30  the 10-percent fee, the moneys paid by the permitholders shall
31  be maintained in a separate, interest-bearing account, and
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  such payments together with any interest earned shall be used
  2  exclusively for the payment of breeders' awards and stallion
  3  awards in accordance with the following provisions:
  4         (a)  The breeder of each Florida-bred thoroughbred
  5  horse winning a thoroughbred horse race is entitled to an
  6  award of up to, but not exceeding, 20 percent of the announced
  7  gross purse, including nomination fees, eligibility fees,
  8  starting fees, supplementary fees, and moneys added by the
  9  sponsor of the race.
10         (b)  The owner or owners of the sire of a Florida-bred
11  thoroughbred horse that wins a stakes race is entitled to a
12  stallion award of up to, but not exceeding, 20 percent of the
13  announced gross purse, including nomination fees, eligibility
14  fees, starting fees, supplementary fees, and moneys added by
15  the sponsor of the race.
16         (c)  The owners of registered Florida-bred thoroughbred
17  horses winning or placing in thoroughbred stakes races may
18  receive an award in accordance with a plan established in s.
19  550.26165(1).
20         (d)(c)  In order for a breeder of a Florida-bred
21  thoroughbred horse to be eligible to receive a breeder's
22  award, or for the owners of a registered Florida-bred
23  thoroughbred horse to be eligible to receive an award under
24  paragraph (c), the horse winning the race must have been
25  registered as a Florida-bred horse with the Florida
26  Thoroughbred Breeders' Association, and the Jockey Club
27  certificate for the winning horse must show that it the winner
28  has been duly registered as a Florida-bred horse as evidenced
29  by the seal and proper serial number of the Florida
30  Thoroughbred Breeders' Association registry.  The Florida
31  Thoroughbred Breeders' Association shall be permitted to
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  charge the registrant a reasonable fee for this verification
  2  and registration.
  3         (e)(d)  In order for an owner of the sire of a
  4  thoroughbred horse winning a stakes race to be eligible to
  5  receive a stallion award, the stallion must have been
  6  registered with the Florida Thoroughbred Breeders'
  7  Association, and the breeding of the registered Florida-bred
  8  horse must have occurred in this state. The stallion must be
  9  standing permanently in this state during the period of time
10  between February 1 and June 15 of each year or, if the
11  stallion is dead, must have stood permanently in this state
12  for a period of not less than 1 year immediately prior to its
13  death. The removal of a stallion from this state during the
14  period of time between February 1 and June 15 of any year for
15  any reason, other than exclusively for prescribed medical
16  treatment, as approved by the Florida Thoroughbred Breeders'
17  Association, renders the owner or owners of the stallion
18  ineligible to receive a stallion award under any circumstances
19  for offspring sired prior to removal; however, if a removed
20  stallion is returned to this state, all offspring sired
21  subsequent to the return make the owner or owners of the
22  stallion eligible for the stallion award but only for those
23  offspring sired subsequent to such return to this state. The
24  Florida Thoroughbred Breeders' Association shall maintain
25  complete records showing the date the stallion arrived in this
26  state for the first time, whether or not the stallion remained
27  in the state permanently, the location of the stallion, and
28  whether the stallion is still standing in this state and
29  complete records showing awards earned, received, and
30  distributed.  The association may charge the owner, owners, or
31  breeder a reasonable fee for this service.
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    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         (f)(e)  A permitholder conducting a thoroughbred horse
  2  race under the provisions of this chapter shall, within 30
  3  days after the end of the race meet during which the race is
  4  conducted, certify to the Florida Thoroughbred Breeders'
  5  Association such information relating to the thoroughbred
  6  horses winning a stakes or other horserace at the meet as may
  7  be required to determine the eligibility for payment of
  8  breeders' awards and stallion awards.
  9         (g)(f)  The Florida Thoroughbred Breeders' Association
10  shall maintain complete records showing the starters and
11  winners in all races conducted at thoroughbred tracks in this
12  state; shall maintain complete records showing awards earned,
13  received, and distributed; and may charge the owner, owners,
14  or breeder a reasonable fee for this service.
15         (h)(g)  The Florida Thoroughbred Breeders' Association
16  shall annually establish a uniform rate and procedure for the
17  payment of breeders' and stallion awards and shall make
18  breeders' and stallion award payments in strict compliance
19  with the established uniform rate and procedure plan.  The
20  plan may set a cap on winnings and may limit, exclude, or
21  defer payments to certain classes of races, such as the
22  Florida stallion stakes races, in order to assure that there
23  are adequate revenues to meet the proposed uniform rate. Such
24  plan must include proposals for the general promotion of the
25  industry. Priority shall be placed upon imposing such
26  restrictions in lieu of allowing the uniform rate to be less
27  than 15 percent of the total purse payment.  The uniform rate
28  and procedure plan must be approved by the division before
29  implementation.  In the absence of an approved plan and
30  procedure, the authorized rate for breeders' and stallion
31  awards is 15 percent of the announced gross purse for each
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  race.  Such purse must include nomination fees, eligibility
  2  fees, starting fees, supplementary fees, and moneys added by
  3  the sponsor of the race. If the funds in the account for
  4  payment of breeders' and stallion awards are not sufficient to
  5  meet all earned breeders' and stallion awards, those breeders
  6  and stallion owners not receiving payments have first call on
  7  any subsequent receipts in that or any subsequent year.
  8         (i)(h)  The Florida Thoroughbred Breeders' Association
  9  shall keep accurate records showing receipts and disbursements
10  of such payments and shall annually file a full and complete
11  report to the division showing such receipts and disbursements
12  and the sums withheld for administration.  The division may
13  audit the records and accounts of the Florida Thoroughbred
14  Breeders' Association to determine that payments have been
15  made to eligible breeders and stallion owners in accordance
16  with this section.
17         (j)(i)  If the division finds that the Florida
18  Thoroughbred Breeders' Association has not complied with any
19  provision of this section, the division may order the
20  association to cease and desist from receiving funds and
21  administering funds received under this section.  If the
22  division enters such an order, the permitholder shall make the
23  payments authorized in this section to the division for
24  deposit into the Pari-mutuel Wagering Trust Fund; and any
25  funds in the Florida Thoroughbred Breeders' Association
26  account shall be immediately paid to the Division of
27  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
28  Trust Fund.  The division shall authorize payment from these
29  funds to any breeder or stallion owner entitled to an award
30  that has not been previously paid by the Florida Thoroughbred
31  Breeders' Association in accordance with the applicable rate.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         Section 27.  Paragraph (a) of subsection (6) of section
  2  550.3551, Florida Statutes, is amended to read:
  3         550.3551  Transmission of racing and jai alai
  4  information; commingling of pari-mutuel pools.--
  5         (6)(a)  A maximum of 20 percent of the total number of
  6  races on which wagers are accepted by a greyhound permitholder
  7  not located as specified in s. 550.615(6) may be received from
  8  locations outside this state.  A permitholder may not conduct
  9  fewer than eight live races or games on any authorized race
10  day except as provided in this subsection. A thoroughbred
11  permitholder may not conduct fewer than eight live races on
12  any race day without the written approval of the Florida
13  Thoroughbred Breeders' Association and the Florida Horsemen's
14  Benevolent and Protective Association, Inc., unless it is
15  determined by the department that another entity represents a
16  majority of the thoroughbred racehorse owners and trainers in
17  the state. horsemen's group representing the majority of
18  thoroughbred racehorse owners and trainers in this state.  A
19  harness permitholder may conduct fewer than eight live races
20  on any authorized race day, except that such permitholder must
21  conduct a full schedule of live racing during its race meet
22  consisting of at least eight live races per authorized race
23  day for at least 100 days.  Any harness horse permitholder
24  that during the preceding racing season conducted a full
25  schedule of live racing may, at any time during its current
26  race meet, receive full-card broadcasts of harness horse races
27  conducted at harness racetracks outside this state at the
28  harness track of the permitholder and accept wagers on such
29  harness races. With specific authorization from the division
30  for special racing events, a permitholder may conduct fewer
31  than eight live races or games when the permitholder also
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1  broadcasts out-of-state races or games. The division may not
  2  grant more than two such exceptions a year for a permitholder
  3  in any 12-month period, and those two exceptions may not be
  4  consecutive.
  5         Section 28.  Subsections (1) and (4) of section
  6  550.6308, Florida Statutes, are amended, and subsection (5) is
  7  added to that section, to read:
  8         550.6308  Limited intertrack wagering license.--In
  9  recognition of the economic importance of the thoroughbred
10  breeding industry to this state, its positive impact on
11  tourism, and of the importance of a permanent thoroughbred
12  sales facility as a key focal point for the activities of the
13  industry, a limited license to conduct intertrack wagering is
14  established to ensure the continued viability and public
15  interest in thoroughbred breeding in Florida.
16         (1)  Upon application to the division on or before
17  January 31 of each year, any person that is licensed to
18  conduct public sales of thoroughbred horses pursuant to s.
19  535.01, that has conducted at least 15 days of thoroughbred
20  horse sales at a permanent sales facility in this state for at
21  least 3 consecutive years, and that has conducted at least 1
22  day of nonwagering thoroughbred racing in this state, with a
23  purse structure of at least $250,000 per year for 2
24  consecutive years before such application, shall be issued a
25  license, subject to the conditions set forth in this section,
26  to conduct intertrack wagering at such a permanent sales
27  facility during the following periods: for thoroughbred racing
28  for
29         (a)  Up to 21 days in connection with thoroughbred
30  sales;, to conduct intertrack wagering at such permanent sales
31  facility
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  1         (b)  Between November 1 and May 8;, to conduct
  2  intertrack wagering at such permanent sales facility
  3         (c)  Between May 9 and October 31 at such times and on
  4  such days as any thoroughbred, jai alai, or a greyhound
  5  permitholder in the same county is not conducting live
  6  performances; provided that any such permitholder may waive
  7  this requirement, in whole or in part, and allow the licensee
  8  under this section to conduct intertrack wagering during one
  9  or more of the permitholder's live performances; and, and to
10  conduct intertrack wagering under the provisions of this
11  subsection
12         (d)  During the weekend of the Kentucky Derby, the
13  Preakness, the Belmont, and a Breeders' Cup Meet that is
14  conducted before November 1 and after May 8., subject to
15  conditions set forth in this section but
16
17  No more than one such license may be issued, and no such
18  license may be issued for a facility located within 50 miles
19  of any thoroughbred permitholder's track.
20         (4)  Intertrack wagering under this section may be
21  conducted only on thoroughbred horse racing, except that
22  intertrack wagering may be conducted on any class of
23  pari-mutuel race or game conducted by any class of
24  permitholders licensed under this chapter if all thoroughbred,
25  jai alai, and greyhound permitholders in the same county as
26  the licensee under this section give their consent.
27         (5)  The licensee shall be considered a guest track
28  under this chapter. The licensee shall pay 2.5 percent of the
29  total contributions to the daily pari-mutuel pool on wagers
30  accepted at the licensee's facility on greyhound races or jai
31  alai games to the thoroughbred permitholder that is conducting
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  1  live races for purses to be paid during its current racing
  2  meet. If more than one thoroughbred permitholder is conducting
  3  live races on a day during which the licensee is conducting
  4  intertrack wagering on greyhound races or jai alai games, the
  5  licensee shall allocate these funds between the operating
  6  thoroughbred permitholders on a prorata basis based on the
  7  total live handle at the operating permitholders' facilities.
  8         Section 29.  Subsection (7) of section 773.01, Florida
  9  Statutes, is amended to read:
10         773.01  Definitions.--As used in ss. 773.01-773.05:
11         (7)  "Participant" means any person, whether amateur or
12  professional, who engages in or any equine that participates
13  in an equine activity, whether or not a fee is paid to
14  participate in the equine activity.
15         Section 30.  Subsection (1) of section 773.03, Florida
16  Statutes, is amended to read:
17         773.03  Limitation on liability for equine activity;
18  exceptions.--
19         (1)  This section applies shall not apply to the
20  horseracing industry as defined in chapter 550.
21         Section 31.  Interstate Compact on Licensure of
22  Participants in Pari-mutuel Wagering.--There is created the
23  Interstate Compact on Licensure of Participants in Pari-mutuel
24  Wagering.
25         Section 32.  Purposes.--The purposes of this compact
26  are to:
27         (1)  Establish uniform requirements among the party
28  states for the licensing of participants with pari-mutuel
29  wagering, and ensure that all licensed participants meet a
30  uniform minimum standard of honesty and integrity.
31         (2)  Facilitate the growth of the pari-mutuel wagering
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  1  industry in each party state and nationwide by simplifying the
  2  process for licensing participants in pari-mutuel wagering,
  3  and reduce the duplicative and costly process of separate
  4  licensing by the regulatory agency in each state that conducts
  5  pari-mutuel wagering.
  6         (3)  Authorize the Department of Business and
  7  Professional Regulation to participate in this compact.
  8         (4)  Provide for participation in this compact by
  9  officials of the party states, and permit those officials,
10  through the compact committee established by this compact, to
11  enter into contracts with governmental agencies and
12  nongovernmental persons to carry out the purposes of this
13  compact.
14         (5)  Establish the compact committee created by this
15  compact as an interstate governmental entity duly authorized
16  to request and receive criminal-history record information
17  from the Federal Bureau of Investigation and other state and
18  local law enforcement agencies.
19         Section 33.  Definitions.--As used in this compact, the
20  term:
21         (1)  "Compact committee" means the organization of
22  officials from the party states which is authorized and
23  empowered to carry out the purposes of this compact.
24         (2)  "Official" means the appointed, elected,
25  designated, or otherwise duly selected member of a racing
26  commission, or the equivalent thereof, in a party state who
27  represents that party state as a member of the compact
28  committee.
29         (3)  "Participants in pari-mutuel wagering" means
30  participants in horseracing, greyhound racing, and jai alai
31  games with pari-mutuel wagering in the party states.
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  1         (4)  "Party state" means each state that has enacted
  2  this compact.
  3         (5)  "State" means each of the several states of the
  4  United States, the District of Columbia, the Commonwealth of
  5  Puerto Rico, and each territory or possession of the United
  6  States.
  7         Section 34.  Entry into force.--This compact shall come
  8  into force when enacted by any four states. Thereafter, this
  9  compact shall become effective in any other state upon that
10  state's enactment of this compact and upon the affirmative
11  vote of a majority of the officials on the compact committee
12  as provided in section 41.
13         Section 35.  States eligible to join compact.--Any
14  state that has adopted or authorized pari-mutuel wagering
15  shall be eligible to become a party to this compact.
16         Section 36.  Withdrawal from compact; impact on force
17  and effect.--
18         (1)  Any party state may withdraw from this compact by
19  enacting a statute repealing this compact, but such a
20  withdrawal becomes effective only when the head of the
21  executive branch of the withdrawing party state has given
22  written notice of the withdrawal to the heads of the executive
23  branch of all other party states.
24         (2)  If, as a result of withdrawals, participation in
25  this compact decreases to fewer than three party states, this
26  compact shall no longer be in force and effect until
27  participation in this compact increases to three or more party
28  states.
29         Section 37.  Compact committee.--
30         (1)  There is created an interstate governmental entity
31  to be known as the "compact committee," which shall be
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    Bill No. CS for CS for SB 770 & SB 286
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  1  composed of one official from the racing commission, or the
  2  equivalent thereof, in each party state who shall be
  3  appointed, serve, and be subject to removal in accordance with
  4  the laws of the party state that she or he represents.  The
  5  official from Florida shall be appointed by the Secretary of
  6  Business and Professional Regulation. Pursuant to the laws of
  7  her or his party state, each official shall have the
  8  assistance of her or his state's racing commission, or the
  9  equivalent thereof, in considering issues related to licensing
10  of participants in pari-mutuel wagering and in fulfilling her
11  or his responsibilities as the representative from her or his
12  state to the compact committee.
13         (2)  If an official is unable to perform any of her or
14  his duties as a member of the compact committee, the racing
15  commission, or the equivalent thereof, from her or his state
16  shall designate another of its members as an alternate who
17  shall serve in her or his place and represent the party state
18  as its official on the compact committee, until that racing
19  commission, or the equivalent thereof, determines that the
20  original representative official is once again able to perform
21  her or his duties as that party state's representative
22  official on the compact committee. The designation of an
23  alternate shall be communicated by the affected state's racing
24  commission, or the equivalent thereof, to the compact
25  committee as the committee's bylaws provide.
26         Section 38.  Powers and duties of compact
27  committee.--In order to carry out the purposes of this
28  compact, the compact committee has the power and duty to:
29         (1)(a)  Determine which categories of participants in
30  pari-mutuel wagering, including, but not limited to, owners,
31  trainers, jockeys, jai alai players, drivers, grooms, mutuel
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    Amendment No. ___
  1  clerks, racing officials, veterinarians, and farriers, should
  2  be licensed by the committee, and to establish the
  3  requirements for the initial licensure of applicants in each
  4  category, the term of the license for each category, and the
  5  requirements for renewal of licenses in each category.
  6         (b)  With regard to requests for criminal-history
  7  record information on each applicant for a license, and with
  8  regard to the effect of a criminal record on the issuance or
  9  renewal of a license, determine for each category of
10  participants in pari-mutuel wagering which licensure
11  requirements for that category are, in its judgment, the
12  most-restrictive licensure requirements of any party state for
13  that category and to adopt licensure requirements for that
14  category which are, in its judgment, comparable to those
15  most-restrictive requirements.
16         (2)  Investigate applicants for licensure by the
17  compact committee and, as permitted by federal and state law,
18  gather information on such applicants, including
19  criminal-history record information from the Federal Bureau of
20  Investigation and relevant state and local law enforcement
21  agencies, and, where appropriate, from the Royal Canadian
22  Mounted Police and law enforcement agencies of other
23  countries, which is necessary to determine whether a license
24  should be issued under the licensure requirements established
25  by the committee under subsection (1). The fingerprints of
26  each applicant for licensure by the compact committee shall be
27  taken by the compact committee, its employees, or its
28  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.
29  100-413, shall be forwarded to a state identification bureau
30  or to the Association of Racing Commissioners International,
31  Inc., for submission to the Federal Bureau of Investigation
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    Amendment No. ___
  1  for a criminal-history record check. Such fingerprints may be
  2  submitted on a fingerprint card or by electronic or other
  3  means authorized by the Federal Bureau of Investigation or
  4  other receiving law enforcement agency.
  5         (3)  Issue licenses to, and renew the licenses of,
  6  participants in pari-mutuel wagering who are found by the
  7  committee to have met the licensure and renewal requirements
  8  established by the committee under subsection (1). The compact
  9  committee shall not have the power or authority to deny a
10  license.  If the compact committee determines that an
11  applicant is not eligible for the issuance or renewal of a
12  compact committee license, the compact committee shall notify
13  the applicant that her or his application will not be
14  processed further. Such notification does not constitute and
15  shall not be considered to be the denial of a license. Any
16  such applicant shall have the right to present additional
17  evidence to, and be heard by, the compact committee, but the
18  final decision on issuance or renewal of the license shall be
19  made by the compact committee using the requirements
20  established under subsection (1).
21         (4)  Enter into contracts or agreements with
22  governmental agencies and nongovernmental persons to provide
23  personal services for its activities and such other services
24  as are necessary to effectuate the purposes of this compact.
25         (5)  Create, appoint, and abolish those offices,
26  employments, and positions, including that of executive
27  director, that it considers necessary for the purposes of this
28  compact; prescribe the powers, duties, and qualifications of,
29  and hire persons to fill, such offices, employments, and
30  positions; and provide for the removal, term, tenure,
31  compensation, fringe benefits, retirement benefits, and other
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    Amendment No. ___
  1  conditions of employment of persons filling such offices,
  2  employments, and positions.
  3         (6)  Borrow, accept, or contract for the services of
  4  personnel from any state, the United States, or any other
  5  governmental agency, or from any person, firm, association,
  6  corporation, or other entity.
  7         (7)  Acquire, hold, and dispose of real and personal
  8  property by gift, purchase, lease, or license, or in other
  9  similar manner, in furtherance of the purposes of this
10  compact.
11         (8)  Charge a fee to each applicant for an initial
12  license or renewal of a license.
13         (9)  Receive other funds through gifts, grants, and
14  appropriations.
15         Section 39.  Voting requirements.--
16         (1)  Each member of the compact committee is entitled
17  to one vote.
18         (2)  All action taken by the compact committee with
19  regard to the addition of party states, the licensure of
20  participants in pari-mutuel wagering, and the receipt and
21  disbursement of funds requires a majority vote of the members
22  of the compact committee or their alternates. All other action
23  by the compact committee requires a majority vote of the
24  members present or their alternates.
25         (3)  The compact committee may not take any action
26  unless a quorum is present. A majority of the members of the
27  compact committee or their alternates constitutes a quorum.
28         Section 40.  Administration and management.--
29         (1)  The compact committee shall elect annually from
30  among its members a chairperson, a vice chairperson, and a
31  secretary/treasurer.
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    Amendment No. ___
  1         (2)  The compact committee shall adopt bylaws for the
  2  conduct of its business by a two-thirds vote of the members of
  3  the committee or their alternates and may, by the same vote,
  4  amend and rescind these bylaws. The compact committee shall
  5  publish its bylaws in convenient form and shall file a copy
  6  thereof and a copy of any amendments thereto with the
  7  Secretary of State or equivalent agency of each of the party
  8  states.
  9         (3)  The compact committee may delegate the day-to-day
10  management and administration of its duties and
11  responsibilities to an executive director and her or his
12  support staff.
13         (4)  Employees of the compact committee shall be
14  considered governmental employees.
15         Section 41.  Immunity from liability for performance of
16  official responsibilities and duties.--A member or employee of
17  the compact committee may not be held personally liable for
18  any good-faith act or omission that occurs during the
19  performance and within the scope of her or his
20  responsibilities and duties under this compact.
21         Section 42.  Rights and responsibilities of each party
22  state.--
23         (1)  By enacting this compact, each party state:
24         (a)  Agrees to:
25         1.  Accept the decisions of the compact committee
26  regarding the issuance of compact committee licenses to
27  participants in pari-mutuel wagering pursuant to the
28  committee's licensure requirements.
29         2.  Reimburse or otherwise pay the expenses of its
30  official representative on the compact committee or her or his
31  alternate.
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    Amendment No. ___
  1         (b)  Agrees not to treat a notification to an applicant
  2  by the compact committee described in subsection (3) of
  3  section 42 as the denial of a license, or to penalize such an
  4  applicant in any other way based solely on such a decision by
  5  the compact committee.
  6         (c)  Reserves the right to:
  7         1.  Apply its own standards in determining whether, on
  8  the facts of a particular case, a compact committee license
  9  should be suspended or revoked. Any party state that suspends
10  or revokes a compact committee license shall, through its
11  racing commission or the equivalent thereof, or otherwise,
12  promptly notify the compact committee of that suspension or
13  revocation.
14         2.  Apply its own standards in determining licensure
15  eligibility, under the laws of that party state, for
16  categories of participants in pari-mutuel wagering which the
17  compact committee decides not to license and for individual
18  participants in pari-mutuel wagering who do not meet the
19  licensure requirements of the compact committee.
20         3.  Establish its own licensure standards for those who
21  are not covered by the compact committee license.
22         (2)  A party state may not be held liable for the debts
23  or other financial obligations incurred by the compact
24  committee.
25         Section 43.  Construction and severability.--
26         (1)  This compact shall be liberally construed so as to
27  effectuate its purposes. The provisions of this compact shall
28  be severable, and, if any phrase, clause, sentence, or
29  provision of this compact is declared to be contrary to the
30  Constitution of the United States or of any party state, or if
31  the applicability of this compact to any government, agency,
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    Amendment No. ___
  1  person, or circumstance is held invalid, the validity of the
  2  remainder of this compact and the applicability thereof to any
  3  government, agency, person, or circumstance shall not be
  4  affected thereby.
  5         (2)  If all or some portion of this compact is held to
  6  be contrary to the constitution of any party state, the
  7  compact shall remain in full force and effect as to the
  8  remaining party states and in full force and effect as to the
  9  state affected as to all severable matters.
10         Section 44.  Subsection (9) of section 550.615, Florida
11  Statutes, is repealed.
12         Section 45.  All money or other property represented by
13  any unclaimed, uncashed, or abandoned pari-mutuel ticket that
14  has remained in the custody of or under the control of any
15  permitholder authorized to conduct jai alai pari-mutuel pools
16  in this state for a period of 1 year after the date the
17  pari-mutuel ticket was issued, if the rightful owners thereof
18  have made no claim or demand for such money or other property
19  within that period of time, shall, with respect to live games
20  conducted by the permitholder, be remitted to the state
21  pursuant to s. 550.1645; however, such permitholder shall be
22  entitled to a credit in each state fiscal year in an amount
23  equal to 25 percent of the actual amount remitted in the prior
24  state fiscal year which may be applied against any taxes
25  imposed under this chapter. Funds equal to such credit from
26  any live jai alai games shall be paid by the permitholder to
27  the National Association of Jai Alai Frontons, to be used for
28  the general promotion of the sport of jai alai in the state,
29  including professional tournaments and amateur jai alai youth
30  programs. These youth programs shall focus on benefiting
31  children in after-school and anti-drug programs with special
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    Amendment No. ___
  1  attention to inner-city areas.
  2         Section 46.  Except as otherwise expressly provided in
  3  this act, this act shall take effect July 1, 2000.
  4
  5
  6  ================ T I T L E   A M E N D M E N T ===============
  7  And the title is amended as follows:
  8         On page 72, line 24, through
  9            page 77, line 30, delete those lines
10
11  and insert:
12                      A bill to be entitled
13         An act relating to regulated industries;
14         amending s. 561.501, F.S.; reducing the
15         surcharges on liquor, wine, cider, and beer
16         sold for consumption on the premises; providing
17         an exemption from the surcharge to certain
18         nonprofit organizations; amending s. 561.121,
19         F.S.; increasing the portion of the surcharge
20         which is transferred to the Children and
21         Adolescents Substance Abuse Trust Fund;
22         amending s. 212.20, F.S.; authorizing a
23         distribution of sales and use tax revenues to
24         county governments; repealing s. 550.01215(8),
25         F.S., relating to the use of permitted
26         facilities; amending s. 550.135, F.S.;
27         eliminating the annual distribution of
28         pari-mutuel tax revenues to county governments;
29         amending s. 550.0951, F.S.; providing that the
30         daily license fee tax credit provided by said
31         section and the $360,000 or $500,000 tax
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    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         exemption provided by s. 550.09514(1), F.S.,
  2         may be applied to any tax and daily license
  3         fees imposed under ch. 550, F.S.; removing
  4         restrictions on the transfer of the daily
  5         license fee tax credit by greyhound
  6         permitholders; authorizing transfer of the
  7         $360,000 or $500,000 tax exemption by a
  8         greyhound permitholder to a greyhound
  9         permitholder that acts as host track to such
10         permitholder for intertrack wagering; providing
11         for repayment; providing for rules; reducing
12         the taxes on handle for greyhound dogracing,
13         for intertrack wagering when the host track is
14         a dog track, for intertrack wagers accepted by
15         certain dog tracks, for intertrack wagers when
16         both the host and guest are thoroughbred tracks
17         or other guest tracks within the market area;
18         providing exceptions; removing the additional
19         tax on the surcharge on winning tickets;
20         providing a reduced tax rate to live handle on
21         jai alai; redirecting deposits from the General
22         Revenue Fund to the Pari-mutuel Wagering Trust
23         Fund; revising the time period for remittance
24         of certain fees and taxes; forgiving certain
25         taxes; amending s. 550.09514, F.S.; revising
26         application and administration of the $360,000
27         or $500,000 tax exemption provided by said
28         section; providing for payment of additional
29         purses by greyhound permitholders in an amount
30         equal to a percentage of the tax reduction
31         resulting from the reduction of the taxes on
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    Amendment No. ___
  1         handle; providing requirements with respect
  2         thereto; providing for audits; amending s.
  3         550.09515, F.S.; modifying the tax on handle
  4         for thoroughbred performances; removing a
  5         penalty for operating in more than one
  6         facility; redirecting deposits from the General
  7         Revenue Fund to the Pari-mutuel Wagering Trust
  8         Fund; providing a credit against taxes on live
  9         handle equal to a percentage of the tax paid in
10         prior year; providing for contributions for the
11         health and welfare of jockeys; amending s.
12         550.1645, F.S., to conform; creating s.
13         550.1647, F.S.; providing for payments and
14         credits concerning unclaimed pari-mutuel
15         tickets by greyhound permitholders; amending s.
16         550.615, F.S., relating to intertrack wagering
17         and leased greyhound facilities; authorizing
18         certain permitholders to conduct intertrack
19         wagering at certain additional facilities;
20         amending s. 550.0555, F.S.; providing
21         legislative intent; providing for the
22         relocation of jai alai permittees within a
23         county in the same manner as is currently
24         provided for the relocation of greyhound
25         dogracing permittees within a county; providing
26         that relocation of permittees be consistent
27         with local government comprehensive plan;
28         amending s. 550.09512, F.S.; reducing the tax
29         on handle for live harness performances;
30         amending s. 550.475, F.S.; providing for
31         leasing of jai alai facilities; amending s.
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    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         550.625, F.S.; increasing the percentage of
  2         purses for thoroughbred and quarter horse
  3         racing; amending s. 550.155, F.S.; requiring
  4         counties to approve certain capital
  5         improvements by permitholders in certain
  6         situations; amending s. 550.26352, F.S.,
  7         relating to the Breeders' Cup Meet; increasing
  8         the amount of certain tax credits allowed to
  9         permitholders; deleting certain limitations on
10         broadcasts to pari-mutuel facilities;
11         authorizing the Division of Pari-mutuel
12         Wagering of the Department of Business and
13         Professional Regulation to waive certain rules;
14         amending s. 550.6305, F.S.; conforming
15         cross-references; amending s. 550.002, F.S.;
16         substituting the term "same class of races,
17         games, or permit" for the term "same class of
18         race or permit"; amending s. 550.0251, F.S.;
19         providing for the Division of Pari-mutuel
20         Wagering to adopt rules for wagering through a
21         pari-mutuel wagering pool; amending s.
22         550.0351, F.S.; increasing the number of
23         charity performances per fiscal year which a
24         jai alai permitholder may conduct; amending s.
25         550.105, F.S.; revising provisions relating to
26         licenses for persons or entities with access to
27         certain areas of racetracks and frontons;
28         amending s. 550.24055, F.S.; amending standards
29         used in testing certain licensees to determine
30         whether they have abused alcoholic beverages;
31         amending s. 550.26165, F.S.; providing for
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         breeders' awards and stallion awards; providing
  2         for certain moneys to be returned to the
  3         permitholders that generated the money, in
  4         accordance with a plan to be established
  5         annually by specified entities; providing an
  6         exception; amending s. 550.2625, F.S.; amending
  7         minimum purse requirements for thoroughbred and
  8         harness horse racing permitholders; amending
  9         criteria for the payment of breeders' awards
10         and stallion awards; amending s. 550.3551,
11         F.S.; requiring the written approval of the
12         Florida Horsemen's Benevolent and Protective
13         Association, Inc., before a thoroughbred
14         permitholder may conduct fewer than eight live
15         races on any race day; amending s. 550.6308,
16         F.S.; amending provisions relating to limited
17         intertrack wagering licenses; expanding the
18         types of pari-mutuel races or games on which
19         intertrack wagering may be conducted, subject
20         to certain conditions; requiring a licensee to
21         pay a specified amount to the daily pari-mutuel
22         pool on certain wagers to thoroughbred
23         permitholders conducting live races; amending
24         s. 773.01, F.S.; amending the definition of the
25         term "participant" as used in ss.
26         773.01-773.05, F.S.; amending ss. 773.03, F.S.,
27         relating to limitation on liability for equine
28         activity; providing that the section does apply
29         to the horseracing industry as defined in ch.
30         550, F.S.; creating the Interstate Compact on
31         Licensure of Participants in Pari-mutuel
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 770 & SB 286
    Amendment No. ___
  1         Wagering; providing purposes of the compact;
  2         providing definitions; providing for the
  3         effective date of the compact; providing
  4         criteria for eligibility to join the compact;
  5         providing procedures for withdrawing from the
  6         compact; creating an interstate governmental
  7         entity to be known as the compact committee;
  8         providing the powers and duties of the compact
  9         committee; providing voting requirements for
10         the committee; providing for the administration
11         and management of the committee; providing that
12         committee employees are governmental employees;
13         providing immunity from liability for
14         performance of official responsibilities and
15         duties of the compact committee; providing
16         rights and responsibilities of each state that
17         is a party to the compact; providing for
18         construction and severability of provisions of
19         the compact; repealing s. 550.615(9), F.S.,
20         relating to limited intertrack wagering
21         license; providing a credit for jai alai
22         permitholders; providing effective dates.
23
24
25
26
27
28
29
30
31
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