CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Albright offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

18  Statutes, is amended to read:

19         212.20  Funds collected, disposition; additional powers

20  of department; operational expense; refund of taxes

21  adjudicated unconstitutionally collected.--

22         (6)  Distribution of all proceeds under this chapter

23  shall be as follows:

24         (a)  Proceeds from the convention development taxes

25  authorized under s. 212.0305 shall be reallocated to the

26  Convention Development Tax Clearing Trust Fund.

27         (b)  Proceeds from discretionary sales surtaxes imposed

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

29  the Discretionary Sales Surtax Clearing Trust Fund.

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

31  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  Tax Clearing Trust Fund.

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

  3  212.18(5) shall be deposited in the Solid Waste Management

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

  5  department, and shall be subsequently transferred to the State

  6  Treasurer to be deposited into the Solid Waste Management

  7  Trust Fund.

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

  9  212.05(1)(i)3. and 212.18(3) shall remain with the General

10  Revenue Fund.

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

12  pursuant to this chapter shall be distributed as follows:

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

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

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

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

17  deposited in monthly installments into the General Revenue

18  Fund.

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

20  the Solid Waste Management Trust Fund.

21         3.  After the distribution under subparagraphs 1. and

22  2., 9.653 percent of the amount remitted by a sales tax dealer

23  located within a participating county pursuant to s. 218.61

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

25  Tax Clearing Trust Fund.

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

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

28  Government Half-cent Sales Tax Clearing Trust Fund and

29  distributed pursuant to s. 218.65.

30         5.  Of the remaining proceeds:

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

  3  part shall be distributed to each county.  The distribution

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

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

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

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

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

  9  district school board, a special district, or a municipal

10  government, such payment shall continue until such time that

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

12  covenants with holders of bonds or other instruments of

13  indebtedness issued by local governments, special districts,

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

15  not the intent of this sub-subparagraph to adversely affect

16  the rights of those holders or relieve local governments,

17  special districts, or district school boards of the duty to

18  meet their obligations as a result of previous pledges or

19  assignments or trusts entered into which obligated funds

20  received from the distribution to county governments under

21  then-existing s. 550.135.  This distribution specifically is

22  in lieu of funds distributed under s. 550.135 prior to July 1,

23  2000.

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

25  distributed monthly by the department to each applicant that

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

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

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

29  distributed monthly by the department to each applicant that

30  has been certified as a "new spring training franchise

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  60 days following such certification and shall continue for 30

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

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

  4  distributions than actually expended by the applicant for the

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

  6  certified applicant shall receive distributions up to the

  7  maximum amount allowable and undistributed under this section

  8  for additional renovations and improvements to the facility

  9  for the franchise without additional certification.

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

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

12  Revenue that an applicant has been certified as the

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

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

15  up to 300 months, to the applicant.

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

17  of Commerce to the Department of Revenue that the applicant

18  has been certified as the International Game Fish Association

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

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

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

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

23         6.  All other proceeds shall remain with the General

24  Revenue Fund.

25         Section 2.  Subsection (8) of section 550.01215,

26  Florida Statutes, is repealed.

27         Section 3.  Section 550.135, Florida Statutes, is

28  amended to read:

29         550.135  Division of moneys derived under this

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  distributed as follows in the following proportions, in the

  2  manner and at the times specified in this section:

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

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

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

  6  any excess of such moneys after the distributions to the

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

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

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

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

11  deficiency if the deficiency does not exceed the deposits of

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

13  that fiscal year.

14         (2)  The distribution among the several counties

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

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

17  4 months.  If during the fiscal year the sums available for

18  distribution to the counties is not sufficient to make the

19  scheduled distributions, the division shall immediately

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

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

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

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

24  the maximum sum to be distributed, the division shall

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  the operation of the office of the secretary and the Division

  5  of Administration of the Department of Business and

  6  Professional Regulation; however, other collections in the

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

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

  9  operation of the division in accordance with authorized

10  appropriations.

11         (2)(4)  After payments to the counties have been

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

13  unappropriated funds in excess of $3.5 million in the

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

15  Treasurer to the credit of the General Revenue Fund as

16  provided in subsection (1).

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

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

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

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

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

22  directly to the district school board.

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

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

25  are amended to read:

26         550.0951  Payment of daily license fee and taxes.--

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

28  business of conducting race meetings or jai alai games under

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

  3  racetrack or fronton licensed under this chapter.  Effective

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

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

  6  permitholder per state fiscal year, each greyhound

  7  permitholder shall receive in the current state fiscal year a

  8  tax credit equal to the number of live greyhound races

  9  conducted in the previous state fiscal year times the daily

10  license fee specified for each dograce in this subsection

11  applicable for the previous state fiscal year.  This tax

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

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

14  license fees imposed by this chapter on live handle under

15  subsection (3) except during any charity or scholarship

16  performances conducted pursuant to s. 550.0351. Effective

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

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

19  games on which such permitholder accepts wagers regardless of

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

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

22  license fee shall be deposited with the Treasurer to the

23  credit of the Pari-mutuel Wagering Trust Fund.

24         (b)  Each permitholder that authorized a maximum tax

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

26  550.09514(1) or the greyhound permitholder that had the lowest

27  live handle during the preceding state fiscal year, which

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

29  $500,000 provided in s. 550.09514(1) or the daily license fee

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  form provided by the division to transfer such exemption or

  2  credit or any portion thereof to any greyhound permitholder

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

  4  purpose of intertrack wagering. Once an election to transfer

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

  6  not be rescinded. The division shall disapprove the credit

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

  8  thereof is unavailable to the transferring permitholder or

  9  when the permitholder, who is entitled to transfer the

10  exemption or credit or who is entitled to receive the

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

12  deficiency letter or administrative complaint issued by the

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

14  transferred tax exemption or credit shall be effective for the

15  first performance of the next biweekly pay period as specified

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

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

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

19  license fees imposed by this chapter on live racing as

20  provided in this subsection. The greyhound permitholder host

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

22  transferred shall reimburse such permitholder the exact

23  monetary value of such transferred exemption or credit as

24  actually applied against the taxes and daily license fees of

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

26  of exemption or credit are made in accordance with this

27  subsection and shall have the authority to adopt rules to

28  ensure the implementation of this section.

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

  3  conducted during the daily performance.  If a permitholder

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

  5  on each performance separately.

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

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

  8  percent of the handle.

  9         (b)1.  The tax on handle for dogracing is 5.1 7.6

10  percent of the handle, except that for live charity

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

12  wagering on such charity performances at a guest greyhound

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

14  percent of the handle. and

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

16  the handle.

17         (c)1.  The tax on handle for intertrack wagering is 2.7

18  3.3 percent of the handle if the host track is a horse track,

19  3.3 percent if the host track is a harness track, 5.1 7.6

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

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

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

23  guest track are thoroughbred permitholders or if the guest

24  track is located outside the market area of the host track and

25  within the market area of a thoroughbred permitholder

26  currently conducting a live race meet. The tax on handle for

27  intertrack wagering on rebroadcasts of simulcast horseraces is

28  2.4 percent of the handle.  The tax shall be deposited into

29  the Pari-mutuel Wagering Trust General Revenue Fund.

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  of which are greyhound permitholders, located in three

  3  contiguous counties, from any greyhound permitholder also

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

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

  6  games received from the same class of permitholder located

  7  within the same market area is 3.5 6 percent if the host

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

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

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

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

12  permitholder during the current state fiscal year exceeds the

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

14  permitholder during the 1992-1993 state fiscal year.

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

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

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

18  Any taxes so imposed shall be deposited into the General

19  Revenue Fund.

20         (5)  PAYMENT AND DISPOSITION OF FEES AND

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

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

23  division. The division shall deposit these sums with the

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

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

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

27  permitholder shall remit to the division payment for the daily

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  5th day of each calendar month for all taxes remitted during

  5  the preceding calendar month.  Such payments shall be

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

  7  admissions, the pari-mutuel wagering activities for the

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

  9  prescribed by the division.

10         (6)  PENALTIES.--

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

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

13  permitholder to make payments of the daily license fee,

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

15  constitutes sufficient grounds for the division to suspend or

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

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

18  license or permit to the permitholder.

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

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

21  January 1, 2000, and July 1, 2000, is forgiven, and the

22  Department of Business and Professional Regulation may not

23  maintain an action to collect such taxes.

24         Section 6.  Section 550.09514, Florida Statutes, is

25  amended to read:

26         550.09514  Greyhound dogracing taxes; purse

27  requirements.--

28         (1)  Notwithstanding the provisions of s.

29  550.0951(3)(b), Wagering on greyhound racing is subject to a

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

31  550.0951(3) at the rate of 7.6 percent of handle. However,

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  each permitholder shall pay no the tax on live handle in

  2  excess of $100,000 per performance until such time as this

  3  subsection has resulted in a tax savings per state fiscal year

  4  of $360,000. Thereafter, each permitholder shall pay the tax

  5  as specified in s. 550.0951(3) provided in this subsection on

  6  all handle for the remainder of the permitholder's current

  7  race meet, and the tax must be calculated and commence

  8  beginning the day after the biweekly period in which the

  9  permitholder reaches the maximum tax savings per state fiscal

10  year provided in this section.  For the three permitholders

11  that which conducted a full schedule of live racing in 1995,

12  and are closest to another state that which authorizes

13  greyhound pari-mutuel wagering, the maximum tax savings per

14  state fiscal year shall be $500,000.  The provisions of this

15  subsection relating to tax exemptions shall not apply to any

16  charity or scholarship performances conducted pursuant to s.

17  550.0351.

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

19  permitholder the annual purse percentage rate of live handle

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

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

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

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

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

25  races conducted during its current race meet a percentage of

26  its live handle not less than the percentage determined under

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

28  for its 1993-1994 state fiscal year.

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

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

31  each permitholder shall pay as purses, for fiscal year

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  1996-1997, an amount equal to 75 percent of the permitholder's

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

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

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

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

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

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

  8  purse supplement shall be disbursed weekly during the

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

10  the annual purse supplement by the number of performances

11  approved for the permitholder pursuant to its annual license

12  and multiplying that amount by the number of performances

13  conducted each week. For the greyhound permitholders in the

14  county where there are two greyhound permitholders located as

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

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

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

18  fiscal year. These permitholders shall be jointly and

19  severally liable for such purse payments.

20

21  The additional purses provided by this paragraph must be used

22  exclusively for purses other than stakes.  The division shall

23  conduct audits necessary to ensure compliance with this

24  section.

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

26  least three live performances during any week shall pay purses

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

28  intertrack and simulcast greyhound races at the same rate as

29  it pays on live races. Each greyhound permitholder when

30  conducting at least three live performances during any week

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  track which is not conducting live racing and is located

  3  within the same market area as the greyhound permitholder

  4  conducting at least three live performances during any week.

  5         2.  Each host greyhound permitholder shall pay purses

  6  on its simulcast and intertrack broadcasts of greyhound races

  7  to guest facilities that are located outside its market area

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

  9  subtracting the transmission costs of sending the simulcast or

10  intertrack broadcasts from an amount determined by adding the

11  fees received for greyhound simulcast races plus 3 percent of

12  the greyhound intertrack handle at guest facilities that are

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

14  contractual fees to the host for such broadcasts of greyhound

15  races.

16         (d)  The division shall require sufficient

17  documentation from each greyhound permitholder regarding

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

19  percentage rates paid by each permitholder on the live races

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

21  fiscal year. The division shall require sufficient

22  documentation from each greyhound permitholder to assure that

23  the purses paid by each permitholder on the greyhound

24  intertrack and simulcast broadcasts are in compliance with the

25  requirements of paragraph (c).

26         (e)  In addition to the purse requirements of

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

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

29  reduction on live and simulcast handle applicable to such

30  permitholder as a result of the reductions in tax rates

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

                                  14

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  With respect to intertrack wagering when the host and guest

  2  tracks are greyhound permitholders not within the same market

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

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

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

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

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

  8  the guest track is a greyhound permitholder within the market

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

10  permitholder, an amount equal to such tax reduction applicable

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

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

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

14  received if the permitholder conducts at least one live

15  performance during that week. If the permitholder does not

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

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

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

19  an amount determined by dividing the purse amount by the

20  number of performances approved for the permitholder pursuant

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

22  number of performances conducted each week. The division shall

23  conduct audits necessary to ensure compliance with this

24  paragraph.

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

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

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

28  purses paid on live greyhound races and all greyhound

29  intertrack and simulcast broadcasts, including both as a guest

30  and a host together with the handle or commission calculations

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

                                  15

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  sending the simulcast or intertrack broadcasts, so that the

  2  kennel operators may determine statutory and contractual

  3  compliance.

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

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

  6  such permitholder appropriate federal taxpayer identification

  7  information based on the percentage amount agreed upon between

  8  the kennel operator and the greyhound owner.

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

10  operators under contract with a greyhound permitholder, the

11  permitholder shall make deductions from purses paid to each

12  kennel operator electing such deduction and shall make a

13  direct payment of such deductions to the local association of

14  greyhound kennel operators formed by a majority of kennel

15  operators under contract with the permitholder. The amount of

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

17  determined by the local association of greyhound kennel

18  operators. No deductions may be taken pursuant to this

19  paragraph without a kennel operator's specific approval before

20  or after the effective date of this act.

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

22  handle" means the handle from wagers placed at the

23  permitholder's establishment on the live greyhound races

24  conducted at the permitholder's establishment.

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

26  550.09515, Florida Statutes, are amended, and subsection (7)

27  is added to that section, to read:

28         550.09515  Thoroughbred horse taxes; abandoned interest

29  in a permit for nonpayment of taxes.--

30         (2)

31         (a)  Notwithstanding the provisions of s.

                                  16

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  550.0951(3)(a), the tax on handle for live thoroughbred

  2  horserace horse performances shall be subject to the

  3  following:

  4         1.  The tax on handle per performance for live

  5  thoroughbred performances is 1 2.0 percent of handle for

  6  performances conducted during the period beginning on January

  7  3 and ending March 16; 0.2 .20 percent of handle for

  8  performances conducted during the period beginning March 17

  9  and ending May 22; and 0.75 1.25 percent of handle for

10  performances conducted during the period beginning May 23 and

11  ending January 2.

12         2.  If any thoroughbred permitholder conducts

13  performances during more than one time period or if

14  performances are conducted during more than one period at any

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

16  of the tax percentages for the periods in which performances

17  are being conducted, except:

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

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

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

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

22  of the racing period in which the permitholders intend to

23  operate.

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

25  permitholder holding a license for operating any one of the

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

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

28  operate for 10 consecutive days, a permitholder already

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

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

31  addition to the period already licensed.

                                  17

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         c.  Two permitholders who operated in different periods

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

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

  4  results in either permitholder or the facility of a

  5  permitholder being operated in two different periods.

  6

  7  However, any thoroughbred permitholder whose total handle on

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

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

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

11  on live handle per performance.

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

13  23 during the state fiscal year 1992-1993, any permitholder

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

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

16  live handle per performance.  In the event this provision

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

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

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

20  thoroughbred permitholders for racing dates prior to April 26,

21  1993, then, notwithstanding the provisions of s. 550.525(2),

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

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

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

25  include handle from intertrack wagering.

26         (5)  Notwithstanding the provisions of s.

27  550.0951(3)(c), the tax on handle for intertrack wagering on

28  rebroadcasts of simulcast horseraces is 2.4 percent of the

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

30  throughbred track located more than 35 miles from the host

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

                                  18

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  Pari-mutuel Wagering Trust General Revenue Fund.

  5         (6)  Notwithstanding the provisions of s.

  6  550.0951(3)(c), the tax on handle is 0.2 percent for

  7  intertrack wagering and for intertrack wagering on

  8  rebroadcasts of simulcast horseraces for a thoroughbred

  9  permitholder that conducts performances during the period

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

11  only to thoroughbred permitholders located in any area of the

12  state where there are three or more thoroughbred permitholders

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

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

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

16         (7)  A credit equal to the amount of contributions made

17  by a thoroughbred permitholder during the taxable year

18  directly to the Jockeys Guild or its Health and Welfare Fund

19  to be used to provide health and welfare benefits for active,

20  disabled, and retired Florida jockeys and their dependents

21  pursuant to reasonable rules of eligibility established by the

22  Jockeys Guild is allowed against taxes on live handle due for

23  a taxable year under this section.  A thoroughbred

24  permitholder may not receive a credit greater than the amount

25  equal to 1 percent of its paid taxes for the previous taxable

26  year.

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

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

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

30  amended to read:

31         550.09515  Thoroughbred horse taxes; abandoned interest

                                  19

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  in a permit for nonpayment of taxes.--

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

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

  4  horserace horse performances shall be 0.5 percent. subject to

  5  the following:

  6         1.  The tax on handle per performance for live

  7  thoroughbred performances is 2.25 percent of handle for

  8  performances conducted during the period beginning on January

  9  3 and ending March 16; .70 percent of handle for performances

10  conducted during the period beginning March 17 and ending May

11  22; and 1.5 percent of handle for performances conducted

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

13         2.  However, any thoroughbred permitholder whose total

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

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

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

17  percent on live handle per performance.

18         Section 9.  Section 550.1645, Florida Statutes, is

19  amended to read:

20         550.1645  Escheat to state of abandoned interest in or

21  contribution to pari-mutuel pools.--

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

23  protecting the interest of the owners, to possess all

24  unclaimed and abandoned interest in or contribution to certain

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

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

27  this law shall be liberally construed to accomplish such

28  purpose.

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

30  money or other property represented by any unclaimed,

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

                                  20

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

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

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

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

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

  8  state.

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

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

11  which is held by such licensee authorized to conduct

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

13  licensee to the Treasurer annually within 60 days after the

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

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

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

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

18  IX of the State Constitution.

19         Section 10.  Section 550.1647, Florida Statutes, is

20  created to read:

21         550.1647  Greyhound permitholders; unclaimed

22  tickets.--All money or other property represented by any

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

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

25  permitholder authorized to conduct greyhound racing

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

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

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

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

30  with respect to live races conducted by the permitholder be

31  remitted to the state pursuant to s. 550.1645; however, such

                                  21

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  permitholder shall be entitled to a credit in each state

  2  fiscal year in an amount equivalent to the actual amount

  3  remitted in the prior state fiscal year that may be applied

  4  against any taxes imposed pursuant to this chapter.  In

  5  addition, each permitholder shall pay, from any source,

  6  including the proceeds from performances conducted pursuant to

  7  s. 550.0351, an amount not less than 10 percent of the amount

  8  of the credit provided by this section to any bonafide

  9  organization that promotes or encourages the adoption of

10  greyhounds.

11         Section 11.  Section 550.615, Florida Statutes, is

12  amended to read:

13         550.615  Intertrack wagering.--

14         (1)  Any horserace permitholder licensed under this

15  chapter which has conducted a full schedule of live racing

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

17  wagers on horseraces conducted by horserace permitholders

18  licensed under this chapter at its facility.

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

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

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

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

23  races or games conducted by any class of permitholders

24  licensed under this chapter.

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

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

27  eligible to conduct intertrack wagering under the provisions

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

29  and conduct intertrack wagering under this section; provided,

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

31  25 miles of another permitholder to receive in any week at

                                  22

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

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

  5  miles of another permitholder to accept within any week at

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

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

  8  restrain any permitholder that is otherwise authorized to

  9  conduct intertrack wagering from receiving the signal of any

10  other permitholder or sending its signal to any permitholder.

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

12  on 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         (5)  No permitholder within the market area of the host

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

19  the consent of the host track.

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

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

22  horserace permitholders within 25 miles of each other,

23  intertrack wagering between permitholders in said area of the

24  state shall only be authorized under the following conditions:

25  Any permitholder, other than a thoroughbred permitholder, may

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

27  permitholder of the same class or any harness permitholder

28  located within such area and any harness permitholder may

29  accept wagers on games conducted live by any jai alai

30  permitholder located within its market area and from a jai

31  alai permitholder located within the area specified in this

                                  23

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  subsection when no jai alai permitholder located within its

  2  market area is conducting live jai alai performances; any

  3  greyhound or jai alai permitholder may receive broadcasts of

  4  and accept wagers on any permitholder of the other class

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

  6  such other class is not operating a contemporaneous live

  7  performance within the market area.

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

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

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

11  permitholder is not licensed to conduct live races or games

12  without the written consent of the other permitholder that is

13  conducting live races or games.  However, if neither

14  permitholder is conducting live races or games, either

15  permitholder may accept intertrack wagers on horseraces or on

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

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

18  permit.

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

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

21  greyhound permitholders, if any permitholder leases the

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

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

24  lessee may conduct intertrack wagering at its pre-lease

25  permitted facility throughout the entire year, including while

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

27  such permitholder has conducted a full schedule of live racing

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

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

30         (9)(8)  In any two contiguous counties of the state in

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

                                  24

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  thoroughbred horse racing, two for greyhound dogracing, and

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

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

  4  without the written consent of such operating permitholders

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

  6  track is within the market area of such operating

  7  permitholder.

  8         (10)(9)(a)  Upon application to the division on or

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

10  that has conducted at least 15 days of thoroughbred horse

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

12  years, and conducted at least one day of nonwagering

13  thoroughbred racing, with a purse structure of at least

14  $250,000 per year for 2 consecutive years prior to such

15  application, shall be issued a license to conduct intertrack

16  wagering for thoroughbred racing for up to 21 days in

17  connection with thoroughbred sales, to conduct intertrack

18  wagering at such permanent sales facility between November 1

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

20  wagering at such permanent sales facility between May 9 and

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

22  permitholder in the same county is not conducting live

23  performances, and to conduct intertrack wagering under the

24  provisions of this subsection during the weekend of the

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

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

27  subject to conditions set forth in this subsection, provided

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

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

30  division shall determine which permitholder shall be granted

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

                                  25

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  consider the length of time the permitholder has been

  2  conducting thoroughbred horse sales in this state, the length

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

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

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

  6  these criteria.

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

  8  ss. 550.125 and 550.1815.

  9         (d)  Intertrack wagering under this subsection may not

10  be conducted within 50 miles of any greyhound racetrack that

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

12  1990.

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

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

15  relating to suspension or revocation of a quarter horse permit

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

17         (f)  Intertrack wagering under this subsection may only

18  be conducted on thoroughbred horse racing, and intertrack

19  wagering under this subsection may not be conducted on evening

20  performances.

21         (11)(10)  All costs of receiving the transmission of

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

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

24  track.

25         (12)(11)  Notwithstanding any other provision of this

26  section, any thoroughbred permitholder that conducts

27  performances during the period beginning May 23 and ending

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

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

30  permitholder to any thoroughbred permitholder that conducts

31  performances during the period beginning March 17 and ending

                                  26

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

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

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

  5  by the host track as compensation for lost revenues and

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

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

  8  to thoroughbred permitholders located in any area of the state

  9  where there are three or more thoroughbred permitholders

10  within 25 miles of each other.

11         Section 12.  Subsection (2) of section 550.0555,

12  Florida Statutes, is amended to read:

13         550.0555  Greyhound dogracing and jai alai permits;

14  relocation within a county; conditions.--

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

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

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

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

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

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

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

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

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

24  not cross the county boundary, that such relocation is

25  approved under the zoning regulations of the county or

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

27  development use, consistent with the comprehensive plan, and

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

29  determined at a proceeding pursuant to chapter 120 in the

30  county affected that the move is necessary to ensure the

31  revenue-producing capability of the permittee without

                                  27

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  deteriorating the revenue-producing capability of any other

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

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

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

  5  line of the other.

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

  7  550.09512, Florida Statutes, is amended to read:

  8         550.09512  Harness horse taxes; abandoned interest in a

  9  permit for nonpayment of taxes.--

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

11  550.0951(3)(a), the The tax on handle for live harness horse

12  performances is 0.5 1 percent of handle per performance.

13         Section 14.  Section 550.475, Florida Statutes, is

14  amended to read:

15         550.475  Lease of pari-mutuel facilities by pari-mutuel

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

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

18  standardbred horse racing in this state are shall be entitled

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

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

21  dogracing, or thoroughbred or standardbred horse racing, when

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

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

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

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

26  Statutes, is amended to read:

27         550.625  Intertrack wagering; purses; breeders'

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

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

30  quarter horse permit shall pay an amount equal to 6.555 6.125

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

                                  28

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  550.615, as purses during its current race meet.  However, up

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

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

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

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

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

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

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

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

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

11  provisions of s. 550.2625 apply to the overpayment or

12  underpayment.

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

14  Statutes, is amended to read:

15         550.155  Pari-mutuel pool within track enclosure;

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

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

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

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

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

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

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

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

24  permitholder shall inform the patrons, either through the

25  official program or via the posting of signs at conspicuous

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

27  at the facility.  A capital improvement proposed by a

28  permitholder licensed under this chapter to a pari-mutuel

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

30  requires, pursuant to any municipal or county ordinance,

31  resolution, or regulation, the qualification or approval of

                                  29

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  the municipality or county wherein the permitholder conducts

  2  its business operations, shall receive approval unless the

  3  municipality or county is able to show that the proposed

  4  improvement presents a justifiable and immediate hazard to the

  5  health and safety of municipal or county residents, provided

  6  the permitholder pays to the municipality or county the cost

  7  of a building permit and provided the capital improvement

  8  meets the following criteria:

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

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

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

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

13  site of the improvement must share a sufficient common

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

15  and free access without crossing a public roadway, public

16  waterway, or similar barrier.

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

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

19         550.26352  Breeders' Cup Meet; pools authorized;

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

21  application.--

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

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

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

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

26  3 days by the other permitholders is prohibited.  As

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

28  operating permitholders shall receive a credit against the

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

30  550.0951 and 550.09515.  This credit shall be in an amount

31  equal to the operating loss determined to have been suffered

                                  30

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

  3  $950,000 $500,000.  The determination of the amount to be

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

  5  operating permitholder.  The tax credits provided in this

  6  subsection shall not be available unless an operating

  7  permitholder is required to close a bona fide meet consisting

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

  9  days immediately preceding or 10 scheduled performances in the

10  15 days immediately following the Breeders' Cup Meet.  Such

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

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

13  replacement or makeup of any lost racing days.

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

15  shall receive a credit against the taxes otherwise due and

16  payable to the state under ss. 550.0951 and 550.09515

17  generated during said permitholder's next ensuing regular

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

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

20  permitholder to pay the purses offered by the permitholder

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

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

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

24  application of the permitholder which is subject to audit by

25  the division.

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

27  shall receive a credit against the taxes otherwise due and

28  payable to the state under ss. 550.0951 and 550.09515

29  generated during said permitholder's next ensuing regular

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

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

                                  31

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  permitholder for such capital improvements and extraordinary

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

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

  4  the division upon application of the permitholder which is

  5  subject to audit by the division.

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

  7  conducting the Breeders' Cup Meet is authorized to transmit

  8  broadcasts of the races conducted during the Breeders' Cup

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

10  The division may approve broadcasts to pari-mutuel

11  permitholders and other betting systems authorized under the

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

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

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

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

16  permitholder conducting the Breeders' Cup Meet.  The

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

18  commingled wagers may be performed by the permitholder's

19  totalisator contractor at a location outside of this state.

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

21  other betting systems in foreign countries before being

22  commingled with the pari-mutuel pool of the Florida

23  permitholder conducting the Breeders' Cup Meet shall be

24  calculated by the totalisator contractor and transferred to

25  the commingled pool in United States currency in cycles

26  customarily used by the permitholder. Pool amounts from wagers

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

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

29  determination is made by the division that the technology

30  utilized by the totalisator contractor is adequate to assure

31  commingled pools will result in the calculation of accurate

                                  32

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  payoffs to Florida bettors.  Any totalisator contractor at a

  2  location outside of this state shall comply with the

  3  provisions of s. 550.495 relating to totalisator licensing.

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

  5  is authorized to transmit broadcasts of the races conducted

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

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

  8  permitholder conducting the Breeders' Cup Meet shall not be

  9  required to transmit broadcasts to any pari-mutuel facility

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

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

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

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

14  without the consent of all operating permitholders in the

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

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

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

18  conducting the Breeders' Cup Meet.

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

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

21  Meet as authorized in this section.  Included within this

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

23  regarding the overall conduct of racing during the Breeders'

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

25  for all participants, special stabling and training

26  requirements for foreign horses, commingling of pari-mutuel

27  pools, and audit requirements for tax credits and other

28  benefits.

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

30  550.6305, Florida Statutes, is amended to read:

31         550.6305  Intertrack wagering; guest track payments;

                                  33

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  accounting rules.--

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

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

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

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

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

  7  550.3551.

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

  9  the amount of takeout remaining after the payment of state

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

11  cost to the permitholder required to be paid to the

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

13  Thoroughbred Breeders' Association and the Florida

14  Standardbred Breeders and Owners Association, to be used as

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

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

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

18  Florida Statutes, is amended to read:

19         550.002  Definitions.--As used in this chapter, the

20  term:

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

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

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

24  permitholder, greyhound races or other greyhound

25  permitholders; with respect to a thoroughbred permitholder,

26  thoroughbred races or other thoroughbred permitholders; with

27  respect to a harness permitholder, harness races or other

28  harness permitholders; with respect to a quarter horse

29  permitholder, quarter horse races or other quarter horse

30  permitholders.

31         Section 20.  Subsections (8) and (9) of section

                                  34

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  550.0351, Florida Statutes, are amended to read:

  2         550.0351  Charity racing days.--

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

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

  5  permitholder is authorized to conduct two one additional

  6  charity performances performance each fiscal year for a fund

  7  to benefit retired jai alai players.  This performance shall

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

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

10  division.

11         (9)  Notwithstanding the limitations set forth in

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

13  conducted one "Retired Jai Alai Players Charity Day"

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

15  authorized to conduct up to two performances per fiscal year

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

17  equivalent to the total number of fiscal years.  This

18  subsection shall be repealed on July 1, 2000.

19         Section 21.  Section 550.105, Florida Statutes, is

20  amended to read:

21         550.105  Occupational licenses of racetrack employees;

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

23  and fines.--

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

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

26  the division an annual occupational license, which license is

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

28  moneys collected pursuant to this section each fiscal year

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

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

31  the division and persons connected with racetracks, the

                                  35

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  racetrack but may not make that determination apply to any

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

  4  season license fee must be equal to the annual occupational

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

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

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

  8  purchaser of the license pays the full occupational license

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

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

11  license shall be valid during its specified term at any

12  pari-mutuel facility.

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

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

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

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

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

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

19  entity in one of the following categories and with scheduled

20  annual fees as follows:.

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

22  contractual concessionaire, contract kennel, business owning

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

24  name, or other fictitious name: $50.

25         2.  Professional occupational licenses: professional

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

27  quarters in jai alai such as trainers, officials,

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

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

30  any management or officer or director or shareholder or any

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

                                  36

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  animals, kennel compound, or managers or supervisors requiring

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

  4  equipment: $40.

  5         3.  General occupational licenses: general employees

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

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

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

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

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

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

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

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

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

15  totalisator equipment or who would provide the security or

16  maintenance of these areas: $10.

17

18  The individuals and entities that are licensed under this

19  paragraph Persons issued an unrestricted license require

20  heightened the most state scrutiny, including the submission

21  by the individual licensees or persons associated with the

22  entities described in this chapter of fingerprints for a

23  Federal Bureau of Investigation criminal records check.

24         (b)  Restricted licenses shall be issued to persons

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

26  players' room, jockeys' room, drivers' room, totalisator room,

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

28  license require the less state scrutiny and will not require

29  routine criminal records check.  The division may require

30  persons issued the restricted license to submit fingerprints

31  for a criminal records check as needed for investigations.

                                  37

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  pertaining to pari-mutuel regarding unrestricted and

  3  restricted occupational licenses.

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

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

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

  7  contractual concessionaires, contract kennels, businesses

  8  owning racing animals, trusts or estates, totalisator

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

10         2.  Unrestricted licenses:  professional persons with

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

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

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

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

15  director or shareholder or any other professional level person

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

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

18         3.  Unrestricted licenses:  general employees with

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

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

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

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

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

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

25  these areas: $10.

26         4.  Unrestricted licenses:  managers or supervisors

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

28  totalisator equipment but not requiring access to the

29  backside: $40.

30         5.  Unrestricted licenses:  mutuel employees,

31  totalisator employees, money room employees, and any employee

                                  38

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  totalisator equipment or the security or maintenance of these

  3  areas:  $10.

  4         6.  Restricted licenses:  managers, supervisors, and

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

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

  7  compound, mutuels areas, or money room or totalisator

  8  equipment:  $40.

  9         7.  Restricted licenses:  general employees or

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

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

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

13         (3)  Certified public accountants and attorneys

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

15  hold an occupational license under this section while

16  providing accounting or legal services to a permitholder if

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

18  of employment is not on the permitholder premises.

19         (4)(3)  It is unlawful for any person to take part in

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

21  pari-mutuel facility without first having secured a license

22  and paid the occupational license fee.

23         (5)(4)(a)  The division may:

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

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

26  has been refused a license by any other state racing

27  commission or racing authority;

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

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

30  another jurisdiction;

31

                                  39

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  if the state racing commission or racing authority of such

  2  other state or jurisdiction extends to the division reciprocal

  3  courtesy to maintain the disciplinary control.

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

  5  ineligible any occupational license if the applicant for or

  6  holder thereof has violated the provisions of this chapter or

  7  the rules of the division governing the conduct of persons

  8  connected with racetracks and frontons.  In addition, the

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

10  occupational license if the applicant for such license has

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

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

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

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

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

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

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

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

19  state or any other jurisdiction for an offense related to

20  pari-mutuel wagering.

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

22  revoke any occupational license if the applicant for such

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

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

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

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

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

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

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

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

31  offense, the restrictions excluding offenders may be waived by

                                  40

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  the director of the division.

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

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

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

  5  administrative charges and the occupational licensee is found

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

  7  revoked and a time period of license ineligibility may be

  8  declared.  The division may bring administrative charges

  9  against any person not holding a current license for

10  violations of statutes or rules which occurred while such

11  person held an occupational license, and the division may

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

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

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

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

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

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

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

19  or ineligibility, any person whose occupational license

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

21  declared ineligible to hold an occupational license, or whose

22  occupational license has been suspended or revoked by the

23  division.

24         (e)  The division may cancel any occupational license

25  that has been voluntarily relinquished by the licensee.

26         (6)(5)  In order to promote the orderly presentation of

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

28  issue a temporary occupational license.  The division shall

29  adopt rules to implement this subsection.  However, no

30  temporary occupational license shall be valid for more than 30

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

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  any person in any year.

  2         (7)(6)  The division may deny, revoke, or suspend any

  3  occupational license if the applicant therefor or holder

  4  thereof accumulates unpaid obligations or defaults in

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

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

  7  unpaid obligations, defaults, or dishonored or refused drafts

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

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

10         (8)(7)  The division may fine, or suspend or revoke, or

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

12  oath knowingly provides false information regarding an

13  investigation by the division.

14         (9)(8)  The tax imposed by this section is in lieu of

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

16  county, municipality, or other political subdivision, except

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

18  municipality, the municipality may assess and collect an

19  additional tax against any person conducting live racing or

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

21  $150 per day for horseracing or $50 per day for dogracing or

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

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

24  against any person conducting race meetings within the

25  corporate limits of the municipality or against any patron of

26  any such person.

27         (10)(9)  Upon application for an occupational license,

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

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

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

31  address, mailing address, residence address and business phone

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  or any conviction involving bookmaking, illegal gambling, or

  3  cruelty to animals; disclosure of any past or present

  4  enforcement or actions by any racing or gaming agency against

  5  the applicant; and any information the division determines is

  6  necessary to establish the identity of the applicant or to

  7  establish that the applicant is of good moral character.

  8  Fingerprints shall be taken in a manner approved by the

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

10  Investigation, or to the association of state officials

11  regulating pari-mutuel wagering pursuant to the Federal

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

13  processing fingerprints shall be borne by the applicant and

14  paid to the association of state officials regulating

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

16  processing fees are deposited.  The division shall require

17  each applicant for an occupational license to have the

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

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

20  require additional information from licensees which is

21  reasonably necessary to regulate the industry.  The division

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

23  from the fingerprinting requirements.

24         Section 22.  Subsection (2) of section 550.24055,

25  Florida Statutes, is amended to read:

26         550.24055  Use of controlled substances or alcohol

27  prohibited; testing of certain occupational licensees;

28  penalty; evidence of test or action taken and admissibility

29  for criminal prosecution limited.--

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

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

                                  43

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2  purpose of determining the alcoholic content of their blood

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

  4  presence of controlled substances. Such tests shall only be

  5  conducted upon reasonable cause that a violation has occurred

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

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

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

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

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

11  whichever is longer.

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

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

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

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

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

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

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

19  0.05 percent but less than 0.08 0.10 percent by weight of

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

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

22  influence of alcoholic beverages to the extent that the

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

24  board of judges may consider that fact in determining whether

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

26  in any given race or jai alai game.

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

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

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

30  the influence of alcoholic beverages to the extent that the

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

                                  44

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

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

  3  alai game on the day of such test.

  4

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

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

  7  316.1934 and rules adopted pursuant to that section.

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

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

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

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

12  permitted in this section.

13         Section 23.  Subsection (1) of section 550.26165,

14  Florida Statutes, is amended to read:

15         550.26165  Breeders' awards.--

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

17  agricultural activity of breeding and training racehorses in

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

19  breeders' awards and stallion awards from breaks and uncashed

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

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

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

23  horses winning horseraces and for similar awards to the owners

24  of stallions who sired Florida-bred horses winning stakes

25  races, if the stallions are registered as Florida stallions

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

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

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

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

30  if funds are available. In addition, no less than 11 percent

31  nor more than 35 percent, as determined by the Florida

                                  45

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  Thoroughbred Breeders' Association, of the moneys dedicated in

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

  3  for thoroughbreds shall be returned prorata to the

  4  permitholders that generated the moneys for awards to be

  5  distributed by the permitholders to owners of registered

  6  Florida-bred thoroughbred horses winning in thoroughbred races

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

  8  accordance with a plan established annually no later than 120

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

10  and agreed upon by the permitholder, the Florida Thoroughbred

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

12  and Protective Association, Inc., except that the plan for the

13  distribution by any permitholder located in the area described

14  in s. 550.615(9) shall be agreed upon by that permitholder,

15  the Florida Thoroughbred Breeders' Association, and the

16  association representing a majority of the thoroughbred

17  racehorse owners and trainers at that location.  Awards for

18  thoroughbred races are to be paid through the Florida

19  Thoroughbred Breeders' Association, and awards for

20  standardbred races are to be paid through the Florida

21  Standardbred Breeders and Owners Association. Among other

22  sources specified in this chapter, The moneys for thoroughbred

23  breeders' awards will come from the 0.885 0.75 percent of

24  handle for thoroughbred races conducted, received, broadcast,

25  or simulcast under this chapter as provided in s. 550.2625(3).

26  The moneys for quarter horse and harness breeders' awards will

27  come from the breaks and uncashed tickets on live quarter

28  horse and harness racing performances and 1 percent of handle

29  on intertrack wagering.  The funds for these breeders' awards

30  shall be paid to the respective breeders' associations by the

31  permitholders conducting the races. The awards are to be given

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  at a uniform rate to all winners of the awards and may not be

  2  less than 15 percent of the announced gross purse if funds are

  3  available.

  4         Section 24.  Subsections (2) and (3) of section

  5  550.2625, Florida Statutes, are amended to read:

  6         550.2625  Horseracing; minimum purse requirement,

  7  Florida breeders' and owners' awards.--

  8         (2)  Each permitholder conducting a horserace meet is

  9  required to pay from the takeout withheld on pari-mutuel pools

10  a sum for purses in accordance with the type of race

11  performed.

12         (a)  A permitholder conducting a thoroughbred horse

13  race meet under this chapter must pay from the takeout

14  withheld a sum not less than 7.65 7.5 percent of all

15  contributions to pari-mutuel pools conducted during the race

16  meet as purses. In addition to the 7.65 7.5 percent minimum

17  purse payment, permitholders conducting live thoroughbred

18  performances shall be required to pay as additional purses

19  .625 percent of live handle for performances conducted during

20  the period beginning on January 3 and ending March 16; .225

21  percent for performances conducted during the period beginning

22  March 17 and ending May 22; and .85 percent for performances

23  conducted during the period beginning May 23 and ending

24  January 2.  Except that any thoroughbred permitholder whose

25  total handle on live performances during the 1991-1992 state

26  fiscal year was not greater than $34 million is not subject to

27  this additional purse payment. A permitholder authorized to

28  conduct thoroughbred racing may withhold from the handle an

29  additional amount equal to 1 percent on exotic wagering for

30  use as owners' awards, and may withhold from the handle an

31  amount equal to 2 percent on exotic wagering for use as

                                  47

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  overnight purses.  No permitholder may withhold in excess of

  2  20 percent from the handle without withholding the amounts set

  3  forth in this subsection.

  4         (b)1.  A permitholder conducting a harness horse race

  5  meet under this chapter must pay to the purse pool from the

  6  takeout withheld a purse requirement that totals an amount not

  7  less than 8.25 8 percent of all contributions to pari-mutuel

  8  pools conducted during the race meet.  An amount not less than

  9  7.75 7.5 percent of the total handle shall be paid from this

10  purse pool as purses.

11         2.  An amount not to exceed 0.5 percent of the total

12  handle on all harness horse races that are subject to the

13  purse requirement of subparagraph 1., must be available for

14  use to provide medical, dental, surgical, life, funeral, or

15  disability insurance benefits for occupational licensees who

16  work at tracks in this state at which harness horse races are

17  conducted.  Such insurance benefits must be paid from the

18  purse pool specified in subparagraph 1.  An annual plan for

19  payment of insurance benefits from the purse pool, including

20  qualifications for eligibility, must be submitted by the

21  Florida Standardbred Breeders and Owners Association for

22  approval to the division.  An annual report of the implemented

23  plan shall be submitted to the division.  All records of the

24  Florida Standardbred Breeders and Owners Association

25  concerning the administration of the plan must be available

26  for audit at the discretion of the division to determine that

27  the plan has been implemented and administered as authorized.

28  If the division finds that the Florida Standardbred Breeders

29  and Owners Association has not complied with the provisions of

30  this section, the division may order the association to cease

31  and desist from administering the plan and shall appoint the

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  division as temporary administrator of the plan until the

  2  division reestablishes administration of the plan with the

  3  association.

  4         (c)  A permitholder conducting a quarter horse race

  5  meet under this chapter shall pay from the takeout withheld a

  6  sum not less than 6 percent of all contributions to

  7  pari-mutuel pools conducted during the race meet as purses.

  8         (d)  The division shall adopt reasonable rules to

  9  ensure the timely and accurate payment of all amounts withheld

10  by horserace permitholders regarding the distribution of

11  purses, owners' awards, and other amounts collected for

12  payment to owners and breeders.  Each permitholder that fails

13  to pay out all moneys collected for payment to owners and

14  breeders shall, within 10 days after the end of the meet

15  during which the permitholder underpaid purses, deposit an

16  amount equal to the underpayment into a separate

17  interest-bearing account to be distributed to owners and

18  breeders in accordance with division rules.

19         (e)  An amount equal to 8.5 percent of the purse

20  account generated through intertrack wagering and interstate

21  simulcasting will be used for Florida Owners' Awards as set

22  forth in subsection (3).  Any thoroughbred permitholder with

23  an average blended takeout which does not exceed 20 percent

24  and with an average daily purse distribution excluding

25  sponsorship, entry fees, and nominations exceeding $225,000 is

26  exempt from the provisions of this paragraph.

27         (3)  Each horseracing permitholder conducting any

28  thoroughbred race under this chapter, including any intertrack

29  race taken pursuant to ss. 550.615-550.6305 or any interstate

30  simulcast taken pursuant to s. 550.3551(3) shall pay a sum

31  equal to 0.885 0.75 percent on all pari-mutuel pools conducted

                                  49

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  during any such race for the payment of breeders' and stallion

  2  awards as authorized in this section.  This subsection also

  3  applies to all Breeder's Cup races conducted outside this

  4  state taken pursuant to s. 550.3551(3).  On any race

  5  originating live in this state which is broadcast out-of-state

  6  to any location at which wagers are accepted pursuant to s.

  7  550.3551(2), the host track is required to pay 3.41 3.3

  8  percent of the gross revenue derived from such out-of-state

  9  broadcasts as breeders' and stallion awards.  The Florida

10  Thoroughbred Breeders' Association is authorized to receive

11  these payments from the permitholders and make payments of

12  awards earned.  The Florida Thoroughbred Breeders' Association

13  has the right to withhold up to 10 percent of the

14  permitholder's payments under this section as a fee for

15  administering the payments of awards and for general promotion

16  of the industry.  The permitholder shall remit these payments

17  to the Florida Thoroughbred Breeders' Association by the 5th

18  day of each calendar month for such sums accruing during the

19  preceding calendar month and shall report such payments to the

20  division as prescribed by the division.  With the exception of

21  the 10-percent fee, the moneys paid by the permitholders shall

22  be maintained in a separate, interest-bearing account, and

23  such payments together with any interest earned shall be used

24  exclusively for the payment of breeders' awards and stallion

25  awards in accordance with the following provisions:

26         (a)  The breeder of each Florida-bred thoroughbred

27  horse winning a thoroughbred horse race is entitled to an

28  award of up to, but not exceeding, 20 percent of the announced

29  gross purse, including nomination fees, eligibility fees,

30  starting fees, supplementary fees, and moneys added by the

31  sponsor of the race.

                                  50

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         (b)  The owner or owners of the sire of a Florida-bred

  2  thoroughbred horse that wins a stakes race is entitled to a

  3  stallion award of up to, but not exceeding, 20 percent of the

  4  announced gross purse, including nomination fees, eligibility

  5  fees, starting fees, supplementary fees, and moneys added by

  6  the sponsor of the race.

  7         (c)  The owners of registered Florida-bred thoroughbred

  8  horses winning or placing in thoroughbred stakes races may

  9  receive an award in accordance with a plan established in s.

10  550.26165(1).

11         (d)(c)  In order for a breeder of a Florida-bred

12  thoroughbred horse to be eligible to receive a breeder's

13  award, or for the owners of a registered Florida-bred

14  thoroughbred horse to be eligible to receive an award under

15  paragraph (c), the horse winning the race must have been

16  registered as a Florida-bred horse with the Florida

17  Thoroughbred Breeders' Association, and the Jockey Club

18  certificate for the winning horse must show that it the winner

19  has been duly registered as a Florida-bred horse as evidenced

20  by the seal and proper serial number of the Florida

21  Thoroughbred Breeders' Association registry.  The Florida

22  Thoroughbred Breeders' Association shall be permitted to

23  charge the registrant a reasonable fee for this verification

24  and registration.

25         (e)(d)  In order for an owner of the sire of a

26  thoroughbred horse winning a stakes race to be eligible to

27  receive a stallion award, the stallion must have been

28  registered with the Florida Thoroughbred Breeders'

29  Association, and the breeding of the registered Florida-bred

30  horse must have occurred in this state. The stallion must be

31  standing permanently in this state during the period of time

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  between February 1 and June 15 of each year or, if the

  2  stallion is dead, must have stood permanently in this state

  3  for a period of not less than 1 year immediately prior to its

  4  death. The removal of a stallion from this state during the

  5  period of time between February 1 and June 15 of any year for

  6  any reason, other than exclusively for prescribed medical

  7  treatment, as approved by the Florida Thoroughbred Breeders'

  8  Association, renders the owner or owners of the stallion

  9  ineligible to receive a stallion award under any circumstances

10  for offspring sired prior to removal; however, if a removed

11  stallion is returned to this state, all offspring sired

12  subsequent to the return make the owner or owners of the

13  stallion eligible for the stallion award but only for those

14  offspring sired subsequent to such return to this state. The

15  Florida Thoroughbred Breeders' Association shall maintain

16  complete records showing the date the stallion arrived in this

17  state for the first time, whether or not the stallion remained

18  in the state permanently, the location of the stallion, and

19  whether the stallion is still standing in this state and

20  complete records showing awards earned, received, and

21  distributed.  The association may charge the owner, owners, or

22  breeder a reasonable fee for this service.

23         (f)(e)  A permitholder conducting a thoroughbred horse

24  race under the provisions of this chapter shall, within 30

25  days after the end of the race meet during which the race is

26  conducted, certify to the Florida Thoroughbred Breeders'

27  Association such information relating to the thoroughbred

28  horses winning a stakes or other horserace at the meet as may

29  be required to determine the eligibility for payment of

30  breeders' awards and stallion awards.

31         (g)(f)  The Florida Thoroughbred Breeders' Association

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  shall maintain complete records showing the starters and

  2  winners in all races conducted at thoroughbred tracks in this

  3  state; shall maintain complete records showing awards earned,

  4  received, and distributed; and may charge the owner, owners,

  5  or breeder a reasonable fee for this service.

  6         (h)(g)  The Florida Thoroughbred Breeders' Association

  7  shall annually establish a uniform rate and procedure for the

  8  payment of breeders' and stallion awards and shall make

  9  breeders' and stallion award payments in strict compliance

10  with the established uniform rate and procedure plan.  The

11  plan may set a cap on winnings and may limit, exclude, or

12  defer payments to certain classes of races, such as the

13  Florida stallion stakes races, in order to assure that there

14  are adequate revenues to meet the proposed uniform rate. Such

15  plan must include proposals for the general promotion of the

16  industry. Priority shall be placed upon imposing such

17  restrictions in lieu of allowing the uniform rate to be less

18  than 15 percent of the total purse payment.  The uniform rate

19  and procedure plan must be approved by the division before

20  implementation.  In the absence of an approved plan and

21  procedure, the authorized rate for breeders' and stallion

22  awards is 15 percent of the announced gross purse for each

23  race.  Such purse must include nomination fees, eligibility

24  fees, starting fees, supplementary fees, and moneys added by

25  the sponsor of the race. If the funds in the account for

26  payment of breeders' and stallion awards are not sufficient to

27  meet all earned breeders' and stallion awards, those breeders

28  and stallion owners not receiving payments have first call on

29  any subsequent receipts in that or any subsequent year.

30         (i)(h)  The Florida Thoroughbred Breeders' Association

31  shall keep accurate records showing receipts and disbursements

                                  53

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  of such payments and shall annually file a full and complete

  2  report to the division showing such receipts and disbursements

  3  and the sums withheld for administration.  The division may

  4  audit the records and accounts of the Florida Thoroughbred

  5  Breeders' Association to determine that payments have been

  6  made to eligible breeders and stallion owners in accordance

  7  with this section.

  8         (j)(i)  If the division finds that the Florida

  9  Thoroughbred Breeders' Association has not complied with any

10  provision of this section, the division may order the

11  association to cease and desist from receiving funds and

12  administering funds received under this section.  If the

13  division enters such an order, the permitholder shall make the

14  payments authorized in this section to the division for

15  deposit into the Pari-mutuel Wagering Trust Fund; and any

16  funds in the Florida Thoroughbred Breeders' Association

17  account shall be immediately paid to the Division of

18  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering

19  Trust Fund.  The division shall authorize payment from these

20  funds to any breeder or stallion owner entitled to an award

21  that has not been previously paid by the Florida Thoroughbred

22  Breeders' Association in accordance with the applicable rate.

23         Section 25.  Paragraph (a) of subsection (6) of section

24  550.3551, Florida Statutes, is amended to read:

25         550.3551  Transmission of racing and jai alai

26  information; commingling of pari-mutuel pools.--

27         (6)(a)  A maximum of 20 percent of the total number of

28  races on which wagers are accepted by a greyhound permitholder

29  not located as specified in s. 550.615(6) may be received from

30  locations outside this state.  A permitholder may not conduct

31  fewer than eight live races or games on any authorized race

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  day except as provided in this subsection. A thoroughbred

  2  permitholder may not conduct fewer than eight live races on

  3  any race day without the written approval of the Florida

  4  Thoroughbred Breeders' Association and the Florida Horsemen's

  5  Benevolent and Protective Association, Inc., unless it is

  6  determined by the department that another entity represents a

  7  majority of the thoroughbred racehorse owners and trainers in

  8  the state. horsemen's group representing the majority of

  9  thoroughbred racehorse owners and trainers in this state.  A

10  harness permitholder may conduct fewer than eight live races

11  on any authorized race day, except that such permitholder must

12  conduct a full schedule of live racing during its race meet

13  consisting of at least eight live races per authorized race

14  day for at least 100 days.  Any harness horse permitholder

15  that during the preceding racing season conducted a full

16  schedule of live racing may, at any time during its current

17  race meet, receive full-card broadcasts of harness horse races

18  conducted at harness racetracks outside this state at the

19  harness track of the permitholder and accept wagers on such

20  harness races. With specific authorization from the division

21  for special racing events, a permitholder may conduct fewer

22  than eight live races or games when the permitholder also

23  broadcasts out-of-state races or games. The division may not

24  grant more than two such exceptions a year for a permitholder

25  in any 12-month period, and those two exceptions may not be

26  consecutive.

27         Section 26.  Subsections (1) and (4) of section

28  550.6308, Florida Statutes, are amended, and subsection (5) is

29  added to that section, to read:

30         550.6308  Limited intertrack wagering license.--In

31  recognition of the economic importance of the thoroughbred

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

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  1  breeding industry to this state, its positive impact on

  2  tourism, and of the importance of a permanent thoroughbred

  3  sales facility as a key focal point for the activities of the

  4  industry, a limited license to conduct intertrack wagering is

  5  established to ensure the continued viability and public

  6  interest in thoroughbred breeding in Florida.

  7         (1)  Upon application to the division on or before

  8  January 31 of each year, any person that is licensed to

  9  conduct public sales of thoroughbred horses pursuant to s.

10  535.01, that has conducted at least 15 days of thoroughbred

11  horse sales at a permanent sales facility in this state for at

12  least 3 consecutive years, and that has conducted at least 1

13  day of nonwagering thoroughbred racing in this state, with a

14  purse structure of at least $250,000 per year for 2

15  consecutive years before such application, shall be issued a

16  license, subject to the conditions set forth in this section,

17  to conduct intertrack wagering at such a permanent sales

18  facility during the following periods: for thoroughbred racing

19  for

20         (a)  Up to 21 days in connection with thoroughbred

21  sales;, to conduct intertrack wagering at such permanent sales

22  facility

23         (b)  Between November 1 and May 8;, to conduct

24  intertrack wagering at such permanent sales facility

25         (c)  Between May 9 and October 31 at such times and on

26  such days as any thoroughbred, jai alai, or a greyhound

27  permitholder in the same county is not conducting live

28  performances; provided that any such permitholder may waive

29  this requirement, in whole or in part, and allow the licensee

30  under this section to conduct intertrack wagering during one

31  or more of the permitholder's live performances; and, and to

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  conduct intertrack wagering under the provisions of this

  2  subsection

  3         (d)  During the weekend of the Kentucky Derby, the

  4  Preakness, the Belmont, and a Breeders' Cup Meet that is

  5  conducted before November 1 and after May 8., subject to

  6  conditions set forth in this section but

  7

  8  No more than one such license may be issued, and no such

  9  license may be issued for a facility located within 50 miles

10  of any thoroughbred permitholder's track.

11         (4)  Intertrack wagering under this section may be

12  conducted only on thoroughbred horse racing, except that

13  intertrack wagering may be conducted on any class of

14  pari-mutuel race or game conducted by any class of

15  permitholders licensed under this chapter if all thoroughbred,

16  jai alai, and greyhound permitholders in the same county as

17  the licensee under this section give their consent.

18         (5)  The licensee shall be considered a guest track

19  under this chapter. The licensee shall pay 2.5 percent of the

20  total contributions to the daily pari-mutuel pool on wagers

21  accepted at the licensee's facility on greyhound races or jai

22  alai games to the thoroughbred permitholder that is conducting

23  live races for purses to be paid during its current racing

24  meet. If more than one thoroughbred permitholder is conducting

25  live races on a day during which the licensee is conducting

26  intertrack wagering on greyhound races or jai alai games, the

27  licensee shall allocate these funds between the operating

28  thoroughbred permitholders on a prorata basis based on the

29  total live handle at the operating permitholders' facilities.

30         Section 27.  Subsection (7) of section 773.01, Florida

31  Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         773.01  Definitions.--As used in ss. 773.01-773.05:

  2         (7)  "Participant" means any person, whether amateur or

  3  professional, who engages in or any equine that participates

  4  in an equine activity, whether or not a fee is paid to

  5  participate in the equine activity.

  6         Section 28.  Subsection (1) of section 773.03, Florida

  7  Statutes, is amended to read:

  8         773.03  Limitation on liability for equine activity;

  9  exceptions.--

10         (1)  This section applies shall not apply to the

11  horseracing industry as defined in chapter 550.

12         Section 29.  Interstate Compact on Licensure of

13  Participants in Pari-mutuel Wagering.--There is created the

14  Interstate Compact on Licensure of Participants in Pari-mutuel

15  Wagering.

16         Section 30.  Purposes.--The purposes of this compact

17  are to:

18         (1)  Establish uniform requirements among the party

19  states for the licensing of participants with pari-mutuel

20  wagering, and ensure that all licensed participants meet a

21  uniform minimum standard of honesty and integrity.

22         (2)  Facilitate the growth of the pari-mutuel wagering

23  industry in each party state and nationwide by simplifying the

24  process for licensing participants in pari-mutuel wagering,

25  and reduce the duplicative and costly process of separate

26  licensing by the regulatory agency in each state that conducts

27  pari-mutuel wagering.

28         (3)  Authorize the Department of Business and

29  Professional Regulation to participate in this compact.

30         (4)  Provide for participation in this compact by

31  officials of the party states, and permit those officials,

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  through the compact committee established by this compact, to

  2  enter into contracts with governmental agencies and

  3  nongovernmental persons to carry out the purposes of this

  4  compact.

  5         (5)  Establish the compact committee created by this

  6  compact as an interstate governmental entity duly authorized

  7  to request and receive criminal-history record information

  8  from the Federal Bureau of Investigation and other state and

  9  local law enforcement agencies.

10         Section 31.  Definitions.--As used in this compact, the

11  term:

12         (1)  "Compact committee" means the organization of

13  officials from the party states which is authorized and

14  empowered to carry out the purposes of this compact.

15         (2)  "Official" means the appointed, elected,

16  designated, or otherwise duly selected member of a racing

17  commission, or the equivalent thereof, in a party state who

18  represents that party state as a member of the compact

19  committee.

20         (3)  "Participants in pari-mutuel wagering" means

21  participants in horseracing, greyhound racing, and jai alai

22  games with pari-mutuel wagering in the party states.

23         (4)  "Party state" means each state that has enacted

24  this compact.

25         (5)  "State" means each of the several states of the

26  United States, the District of Columbia, the Commonwealth of

27  Puerto Rico, and each territory or possession of the United

28  States.

29         Section 32.  Entry into force.--This compact shall come

30  into force when enacted by any four states. Thereafter, this

31  compact shall become effective in any other state upon that

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  state's enactment of this compact and upon the affirmative

  2  vote of a majority of the officials on the compact committee

  3  as provided in section 43.

  4         Section 33.  States eligible to join compact.--Any

  5  state that has adopted or authorized pari-mutuel wagering

  6  shall be eligible to become a party to this compact.

  7         Section 34.  Withdrawal from compact; impact on force

  8  and effect.--

  9         (1)  Any party state may withdraw from this compact by

10  enacting a statute repealing this compact, but such a

11  withdrawal becomes effective only when the head of the

12  executive branch of the withdrawing party state has given

13  written notice of the withdrawal to the heads of the executive

14  branch of all other party states.

15         (2)  If, as a result of withdrawals, participation in

16  this compact decreases to fewer than three party states, this

17  compact shall no longer be in force and effect until

18  participation in this compact increases to three or more party

19  states.

20         Section 35.  Compact committee.--

21         (1)  There is created an interstate governmental entity

22  to be known as the "compact committee," which shall be

23  composed of one official from the racing commission, or the

24  equivalent thereof, in each party state who shall be

25  appointed, serve, and be subject to removal in accordance with

26  the laws of the party state that she or he represents.  The

27  official from Florida shall be appointed by the Secretary of

28  Business and Professional Regulation. Pursuant to the laws of

29  her or his party state, each official shall have the

30  assistance of her or his state's racing commission, or the

31  equivalent thereof, in considering issues related to licensing

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  of participants in pari-mutuel wagering and in fulfilling her

  2  or his responsibilities as the representative from her or his

  3  state to the compact committee.

  4         (2)  If an official is unable to perform any of her or

  5  his duties as a member of the compact committee, the racing

  6  commission, or the equivalent thereof, from her or his state

  7  shall designate another of its members as an alternate who

  8  shall serve in her or his place and represent the party state

  9  as its official on the compact committee, until that racing

10  commission, or the equivalent thereof, determines that the

11  original representative official is once again able to perform

12  her or his duties as that party state's representative

13  official on the compact committee. The designation of an

14  alternate shall be communicated by the affected state's racing

15  commission, or the equivalent thereof, to the compact

16  committee as the committee's bylaws provide.

17         Section 36.  Powers and duties of compact

18  committee.--In order to carry out the purposes of this

19  compact, the compact committee has the power and duty to:

20         (1)(a)  Determine which categories of participants in

21  pari-mutuel wagering, including, but not limited to, owners,

22  trainers, jockeys, jai alai players, drivers, grooms, mutuel

23  clerks, racing officials, veterinarians, and farriers, should

24  be licensed by the committee, and to establish the

25  requirements for the initial licensure of applicants in each

26  category, the term of the license for each category, and the

27  requirements for renewal of licenses in each category.

28         (b)  With regard to requests for criminal-history

29  record information on each applicant for a license, and with

30  regard to the effect of a criminal record on the issuance or

31  renewal of a license, determine for each category of

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                                                   HOUSE AMENDMENT

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    Amendment No. ___ (for drafter's use only)





  1  participants in pari-mutuel wagering which licensure

  2  requirements for that category are, in its judgment, the

  3  most-restrictive licensure requirements of any party state for

  4  that category and to adopt licensure requirements for that

  5  category which are, in its judgment, comparable to those

  6  most-restrictive requirements.

  7         (2)  Investigate applicants for licensure by the

  8  compact committee and, as permitted by federal and state law,

  9  gather information on such applicants, including

10  criminal-history record information from the Federal Bureau of

11  Investigation and relevant state and local law enforcement

12  agencies, and, where appropriate, from the Royal Canadian

13  Mounted Police and law enforcement agencies of other

14  countries, which is necessary to determine whether a license

15  should be issued under the licensure requirements established

16  by the committee under subsection (1). The fingerprints of

17  each applicant for licensure by the compact committee shall be

18  taken by the compact committee, its employees, or its

19  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.

20  100-413, shall be forwarded to a state identification bureau

21  or to the Association of Racing Commissioners International,

22  Inc., for submission to the Federal Bureau of Investigation

23  for a criminal-history record check. Such fingerprints may be

24  submitted on a fingerprint card or by electronic or other

25  means authorized by the Federal Bureau of Investigation or

26  other receiving law enforcement agency.

27         (3)  Issue licenses to, and renew the licenses of,

28  participants in pari-mutuel wagering who are found by the

29  committee to have met the licensure and renewal requirements

30  established by the committee under subsection (1). The compact

31  committee shall not have the power or authority to deny a

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  license.  If the compact committee determines that an

  2  applicant is not eligible for the issuance or renewal of a

  3  compact committee license, the compact committee shall notify

  4  the applicant that her or his application will not be

  5  processed further. Such notification does not constitute and

  6  shall not be considered to be the denial of a license. Any

  7  such applicant shall have the right to present additional

  8  evidence to, and be heard by, the compact committee, but the

  9  final decision on issuance or renewal of the license shall be

10  made by the compact committee using the requirements

11  established under subsection (1).

12         (4)  Enter into contracts or agreements with

13  governmental agencies and nongovernmental persons to provide

14  personal services for its activities and such other services

15  as are necessary to effectuate the purposes of this compact.

16         (5)  Create, appoint, and abolish those offices,

17  employments, and positions, including that of executive

18  director, that it considers necessary for the purposes of this

19  compact; prescribe the powers, duties, and qualifications of,

20  and hire persons to fill, such offices, employments, and

21  positions; and provide for the removal, term, tenure,

22  compensation, fringe benefits, retirement benefits, and other

23  conditions of employment of persons filling such offices,

24  employments, and positions.

25         (6)  Borrow, accept, or contract for the services of

26  personnel from any state, the United States, or any other

27  governmental agency, or from any person, firm, association,

28  corporation, or other entity.

29         (7)  Acquire, hold, and dispose of real and personal

30  property by gift, purchase, lease, or license, or in other

31  similar manner, in furtherance of the purposes of this

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  compact.

  2         (8)  Charge a fee to each applicant for an initial

  3  license or renewal of a license.

  4         (9)  Receive other funds through gifts, grants, and

  5  appropriations.

  6         Section 37.  Voting requirements.--

  7         (1)  Each member of the compact committee is entitled

  8  to one vote.

  9         (2)  All action taken by the compact committee with

10  regard to the addition of party states, the licensure of

11  participants in pari-mutuel wagering, and the receipt and

12  disbursement of funds requires a majority vote of the members

13  of the compact committee or their alternates. All other action

14  by the compact committee requires a majority vote of the

15  members present or their alternates.

16         (3)  The compact committee may not take any action

17  unless a quorum is present. A majority of the members of the

18  compact committee or their alternates constitutes a quorum.

19         Section 38.  Administration and management.--

20         (1)  The compact committee shall elect annually from

21  among its members a chairperson, a vice chairperson, and a

22  secretary/treasurer.

23         (2)  The compact committee shall adopt bylaws for the

24  conduct of its business by a two-thirds vote of the members of

25  the committee or their alternates and may, by the same vote,

26  amend and rescind these bylaws. The compact committee shall

27  publish its bylaws in convenient form and shall file a copy

28  thereof and a copy of any amendments thereto with the

29  Secretary of State or equivalent agency of each of the party

30  states.

31         (3)  The compact committee may delegate the day-to-day

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  management and administration of its duties and

  2  responsibilities to an executive director and her or his

  3  support staff.

  4         (4)  Employees of the compact committee shall be

  5  considered governmental employees.

  6         Section 39.  Immunity from liability for performance of

  7  official responsibilities and duties.--A member or employee of

  8  the compact committee may not be held personally liable for

  9  any good-faith act or omission that occurs during the

10  performance and within the scope of her or his

11  responsibilities and duties under this compact.

12         Section 40.  Rights and responsibilities of each party

13  state.--

14         (1)  By enacting this compact, each party state:

15         (a)  Agrees to:

16         1.  Accept the decisions of the compact committee

17  regarding the issuance of compact committee licenses to

18  participants in pari-mutuel wagering pursuant to the

19  committee's licensure requirements.

20         2.  Reimburse or otherwise pay the expenses of its

21  official representative on the compact committee or her or his

22  alternate.

23         (b)  Agrees not to treat a notification to an applicant

24  by the compact committee described in subsection (3) of

25  section 42 as the denial of a license, or to penalize such an

26  applicant in any other way based solely on such a decision by

27  the compact committee.

28         (c)  Reserves the right to:

29         1.  Apply its own standards in determining whether, on

30  the facts of a particular case, a compact committee license

31  should be suspended or revoked. Any party state that suspends

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  or revokes a compact committee license shall, through its

  2  racing commission or the equivalent thereof, or otherwise,

  3  promptly notify the compact committee of that suspension or

  4  revocation.

  5         2.  Apply its own standards in determining licensure

  6  eligibility, under the laws of that party state, for

  7  categories of participants in pari-mutuel wagering which the

  8  compact committee decides not to license and for individual

  9  participants in pari-mutuel wagering who do not meet the

10  licensure requirements of the compact committee.

11         3.  Establish its own licensure standards for those who

12  are not covered by the compact committee license.

13         (2)  A party state may not be held liable for the debts

14  or other financial obligations incurred by the compact

15  committee.

16         Section 41.  Construction and severability.--

17         (1)  This compact shall be liberally construed so as to

18  effectuate its purposes. The provisions of this compact shall

19  be severable, and, if any phrase, clause, sentence, or

20  provision of this compact is declared to be contrary to the

21  Constitution of the United States or of any party state, or if

22  the applicability of this compact to any government, agency,

23  person, or circumstance is held invalid, the validity of the

24  remainder of this compact and the applicability thereof to any

25  government, agency, person, or circumstance shall not be

26  affected thereby.

27         (2)  If all or some portion of this compact is held to

28  be contrary to the constitution of any party state, the

29  compact shall remain in full force and effect as to the

30  remaining party states and in full force and effect as to the

31  state affected as to all severable matters.

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         Section 42.  Subsection (9) of section 550.615, Florida

  2  Statutes, is repealed.

  3         Section 43.  Effective September 1, 2000, subsection

  4  (1) of section 561.501, Florida Statutes, is amended to read:

  5         561.501  Surcharge on sale of alcoholic beverages for

  6  consumption on the premises; penalty.--

  7         (1)  Notwithstanding s. 561.50 or any other provision

  8  of the Beverage Law, a surcharge of 5 6.67 cents is imposed

  9  upon each ounce of liquor and each 4 ounces of wine, a

10  surcharge of 3 4 cents is imposed on each 12 ounces of cider,

11  and a surcharge of 3 2.67 cents is imposed on each 12 ounces

12  of beer sold at retail for consumption on premises licensed by

13  the division as an alcoholic beverage vendor.

14         Section 44.  Effective September 1, 2000, subsection

15  (4) of section 561.121, Florida Statutes, is amended to read:

16         561.121  Deposit of revenue.--

17         (4)  State funds collected pursuant to s. 561.501 shall

18  be paid into the State Treasury and credited to the following

19  accounts:

20         (a)  Twenty and four-tenths Thirteen and six-tenths

21  percent of the surcharge on the sale of alcoholic beverages

22  for consumption on premises shall be transferred to the

23  Children and Adolescents Substance Abuse Trust Fund, which

24  shall remain with the Department of Children and Family

25  Services for the purpose of funding programs directed at

26  reducing and eliminating substance abuse problems among

27  children and adolescents.

28         (b)  The remainder of collections shall be credited to

29  the General Revenue Fund.

30         Section 45.  Paragraph (b) of subsection (5) of section

31  212.08, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         212.08  Sales, rental, use, consumption, distribution,

  2  and storage tax; specified exemptions.--The sale at retail,

  3  the rental, the use, the consumption, the distribution, and

  4  the storage to be used or consumed in this state of the

  5  following are hereby specifically exempt from the tax imposed

  6  by this chapter.

  7         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  8         (b)  Machinery and equipment used to increase

  9  productive output.--

10         1.  Industrial machinery and equipment purchased for

11  exclusive use by a new business in spaceport activities as

12  defined by s. 212.02 or for use in new businesses which

13  manufacture, process, compound, or produce for sale items of

14  tangible personal property at fixed locations are exempt from

15  the tax imposed by this chapter upon an affirmative showing by

16  the taxpayer to the satisfaction of the department that such

17  items are used in a new business in this state. Such purchases

18  must be made prior to the date the business first begins its

19  productive operations, and delivery of the purchased item must

20  be made within 12 months of that date.

21         2.a.  Industrial machinery and equipment purchased for

22  exclusive use by an expanding facility which is engaged in

23  spaceport activities as defined by s. 212.02 or for use in

24  expanding manufacturing facilities or plant units which

25  manufacture, process, compound, or produce for sale items of

26  tangible personal property at fixed locations in this state

27  are exempt from any amount of tax imposed by this chapter in

28  excess of $15,000 $50,000 per calendar year upon an

29  affirmative showing by the taxpayer to the satisfaction of the

30  department that such items are used to increase the productive

31  output of such expanded facility or business by not less than

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                                                   HOUSE AMENDMENT

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    Amendment No. ___ (for drafter's use only)





  1  10 percent.

  2         b.  Notwithstanding any other provision of this

  3  section, industrial machinery and equipment purchased for use

  4  in expanding printing manufacturing facilities or plant units

  5  that manufacture, process, compound, or produce for sale items

  6  of tangible personal property at fixed locations in this state

  7  are exempt from any amount of tax imposed by this chapter upon

  8  an affirmative showing by the taxpayer to the satisfaction of

  9  the department that such items are used to increase the

10  productive output of such an expanded business by not less

11  than 10 percent.

12         3.a.  To receive an exemption provided by subparagraph

13  1. or subparagraph 2., a qualifying business entity shall

14  apply to the department for a temporary tax exemption permit.

15  The application shall state that a new business exemption or

16  expanded business exemption is being sought. Upon a tentative

17  affirmative determination by the department pursuant to

18  subparagraph 1. or subparagraph 2., the department shall issue

19  such permit.

20         b.  The applicant shall be required to maintain all

21  necessary books and records to support the exemption. Upon

22  completion of purchases of qualified machinery and equipment

23  pursuant to subparagraph 1. or subparagraph 2., the temporary

24  tax permit shall be delivered to the department or returned to

25  the department by certified or registered mail.

26         c.  If, in a subsequent audit conducted by the

27  department, it is determined that the machinery and equipment

28  purchased as exempt under subparagraph 1. or subparagraph 2.

29  did not meet the criteria mandated by this paragraph or if

30  commencement of production did not occur, the amount of taxes

31  exempted at the time of purchase shall immediately be due and

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  payable to the department by the business entity, together

  2  with the appropriate interest and penalty, computed from the

  3  date of purchase, in the manner prescribed by this chapter.

  4         d.  In the event a qualifying business entity fails to

  5  apply for a temporary exemption permit or if the tentative

  6  determination by the department required to obtain a temporary

  7  exemption permit is negative, a qualifying business entity

  8  shall receive the exemption provided in subparagraph 1. or

  9  subparagraph 2. through a refund of previously paid taxes. No

10  refund may be made for such taxes unless the criteria mandated

11  by subparagraph 1. or subparagraph 2. have been met and

12  commencement of production has occurred.

13         4.  The department shall promulgate rules governing

14  applications for, issuance of, and the form of temporary tax

15  exemption permits; provisions for recapture of taxes; and the

16  manner and form of refund applications and may establish

17  guidelines as to the requisites for an affirmative showing of

18  increased productive output, commencement of production, and

19  qualification for exemption.

20         5.  The exemptions provided in subparagraphs 1. and 2.

21  do not apply to machinery or equipment purchased or used by

22  electric utility companies, communications companies, oil or

23  gas exploration or production operations, publishing firms

24  that do not export at least 50 percent of their finished

25  product out of the state, any firm subject to regulation by

26  the Division of Hotels and Restaurants of the Department of

27  Business and Professional Regulation, or any firm which does

28  not manufacture, process, compound, or produce for sale items

29  of tangible personal property or which does not use such

30  machinery and equipment in spaceport activities as required by

31  this paragraph. The exemptions provided in subparagraphs 1.

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  and 2. shall apply to machinery and equipment purchased for

  2  use in phosphate or other solid minerals severance, mining, or

  3  processing operations only by way of a prospective credit

  4  against taxes due under chapter 211 for taxes paid under this

  5  chapter on such machinery and equipment.

  6         6.  For the purposes of the exemptions provided in

  7  subparagraphs 1. and 2., these terms have the following

  8  meanings:

  9         a.  "Industrial machinery and equipment" means "section

10  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

11  Internal Revenue Code, provided "industrial machinery and

12  equipment" shall be construed by regulations adopted by the

13  Department of Revenue to mean tangible property used as an

14  integral part of spaceport activities or of the manufacturing,

15  processing, compounding, or producing for sale of items of

16  tangible personal property. Such term includes parts and

17  accessories only to the extent that the exemption thereof is

18  consistent with the provisions of this paragraph.

19         b.  "Productive output" means the number of units

20  actually produced by a single plant or operation in a single

21  continuous 12-month period, irrespective of sales. Increases

22  in productive output shall be measured by the output for 12

23  continuous months immediately following the completion of

24  installation of such machinery or equipment over the output

25  for the 12 continuous months immediately preceding such

26  installation. However, if a different 12-month continuous

27  period of time would more accurately reflect the increase in

28  productive output of machinery and equipment purchased to

29  facilitate an expansion, the increase in productive output may

30  be measured during that 12-month continuous period of time if

31  such time period is mutually agreed upon by the Department of

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1  Revenue and the expanding business prior to the commencement

  2  of production; provided, however, in no case may such time

  3  period begin later than 2 years following the completion of

  4  installation of the new machinery and equipment. The units

  5  used to measure productive output shall be physically

  6  comparable between the two periods, irrespective of sales.

  7         7.  Notwithstanding any other provision in this

  8  paragraph to the contrary, in order to receive the exemption

  9  provided in this paragraph a taxpayer must register with the

10  WAGES Program Business Registry established by the local WAGES

11  coalition for the area in which the taxpayer is located.  Such

12  registration establishes a commitment on the part of the

13  taxpayer to hire WAGES program participants to the maximum

14  extent possible consistent with the nature of their business.

15         Section 46.  Except as otherwise provided herein, this

16  act shall take effect July 1, 2000.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21  Remove from the title of the bill:  the entire title

22

23  and insert in lieu thereof:

24         An act relating to taxation; amending s.

25         212.20, F.S.; authorizing a distribution of

26         sales and use tax revenues to county

27         governments; repealing s. 550.01215(8), F.S.,

28         relating to the use of permitted pari-mutuel

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

30         eliminating the annual distribution of

31         pari-mutuel tax revenues to county governments;

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





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

  2         daily license fee tax credit provided by said

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

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

  5         may be applied to any tax and daily license

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

  7         restrictions on the transfer of the daily

  8         license fee tax credit by greyhound

  9         permitholders; authorizing transfer of the

10         $360,000 or $500,000 tax exemption by a

11         greyhound permitholder to a greyhound

12         permitholder that acts as host track to such

13         permitholder for intertrack wagering; providing

14         for repayment; providing for rules; reducing

15         the taxes on handle for greyhound dogracing,

16         for intertrack wagering when the host track is

17         a dog track, for intertrack wagers accepted by

18         certain dog tracks, for intertrack wagers when

19         both the host and guest are thoroughbred tracks

20         or other guest tracks within the market area;

21         providing exceptions; removing the additional

22         tax on the surcharge on winning tickets;

23         redirecting deposits from the General Revenue

24         Fund to the Pari-mutuel Wagering Trust Fund;

25         revising the time period for remittance of

26         certain fees and taxes; forgiving certain

27         taxes; amending s. 550.09514, F.S.; revising

28         application and administration of the $360,000

29         or $500,000 tax exemption provided by said

30         section; providing for payment of additional

31         purses by greyhound permitholders in an amount

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         equal to a percentage of the tax reduction

  2         resulting from the reduction of the taxes on

  3         handle; providing requirements with respect

  4         thereto; providing for audits; amending s.

  5         550.09515, F.S.; modifying the tax on handle

  6         for thoroughbred performances; redirecting

  7         deposits from the General Revenue Fund to the

  8         Pari-mutuel Wagering Trust Fund; providing a

  9         credit against taxes on live handle equal to 1

10         percent of the tax paid in prior year;

11         providing for contributions for the health and

12         welfare of jockeys; amending s. 550.1645, F.S.,

13         to conform; creating s. 550.1647, F.S.;

14         providing for payments and credits concerning

15         unclaimed pari-mutuel tickets by greyhound

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

17         relating to intertrack wagering and leased

18         greyhound facilities; authorizing certain

19         permitholders to conduct intertrack wagering at

20         certain additional facilities; amending s.

21         550.0555, F.S.; providing legislative intent;

22         providing for the relocation of jai alai

23         permittees within a county in the same manner

24         as is currently provided for the relocation of

25         greyhound dogracing permittees within a county;

26         providing that relocation of permittees be

27         consistent with the local government

28         comprehensive plan; amending s. 550.09512,

29         F.S.; reducing the tax on handle for live

30         harness performances; amending s. 550.475,

31         F.S.; providing for leasing of jai alai

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         facilities; amending s. 550.625, F.S.;

  2         increasing the percentage of purses for

  3         throughbred and quarter horse racing; amending

  4         s. 550.155, F.S.; requiring counties to approve

  5         certain capital improvements by permitholders

  6         in certain situations; amending s. 550.26352,

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

  8         increasing the amount of certain tax credits

  9         allowed to permitholders; deleting certain

10         limitations on broadcasts to pari-mutuel

11         facilities; authorizing the Division of

12         Pari-mutuel Wagering of the Department of

13         Business and Professional Regulation to waive

14         certain rules; amending s. 550.6305, F.S.;

15         conforming cross-references; amending s.

16         550.002, F.S.; substituting the term "same

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

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

19         550.0351, F.S.; increasing the number of

20         charity performances per fiscal year which a

21         jai alai permitholder may conduct; amending s.

22         550.105, F.S.; revising provisions relating to

23         licenses for persons or entities with access to

24         certain areas of racetracks and frontons;

25         amending s. 550.24055, F.S.; amending standards

26         used in testing certain licensees to determine

27         whether they have abused alcoholic beverages;

28         amending s. 550.26165, F.S.; providing for

29         breeders' awards and stallion awards; providing

30         for certain moneys to be returned to the

31         permitholders that generated the money, in

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         accordance with a plan to be established

  2         annually by specified entities; amending s.

  3         550.2625, F.S.; amending minimum purse

  4         requirements for throughbred and harness racing

  5         permitholders; amending criteria for the

  6         payment of breeders' awards and stallion

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

  8         the written approval of the Florida Horsemen's

  9         Benevolent and Protective Association, Inc.,

10         before a thoroughbred permitholder may conduct

11         fewer than eight live races on any race day;

12         providing for department determination of

13         majority representation; amending s. 550.6308,

14         F.S.; amending provisions relating to limited

15         intertrack wagering licenses; expanding the

16         types of pari-mutuel races or games on which

17         intertrack wagering may be conducted, subject

18         to certain conditions; requiring a licensee to

19         pay a specified amount to the daily pari-mutuel

20         pool on certain wagers to thoroughbred

21         permitholders conducting live races; amending

22         s. 773.01, F.S.; amending the definition of the

23         term "participant" as used in ss.

24         773.01-773.05, F.S.; amending ss. 773.03, F.S.,

25         relating to limitation on liability for equine

26         activity; providing that the section does apply

27         to the horseracing industry as defined in ch.

28         550, F.S.; creating the Interstate Compact on

29         Licensure of Participants in Pari-mutuel

30         Wagering; providing purposes of the compact;

31         providing definitions; providing for the

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                                                   HOUSE AMENDMENT

    hbd-05                  Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___ (for drafter's use only)





  1         effective date of the compact; providing

  2         criteria for eligibility to join the compact;

  3         providing procedures for withdrawing from the

  4         compact; creating an interstate governmental

  5         entity to be known as the compact committee;

  6         providing the powers and duties of the compact

  7         committee; providing voting requirements for

  8         the committee; providing for the administration

  9         and management of the committee; providing that

10         committee employees are governmental employees;

11         providing immunity from liability for

12         performance of official responsibilities and

13         duties of the compact committee; providing

14         rights and responsibilities of each state that

15         is a party to the compact; providing for

16         construction and severability of provisions of

17         the compact; repealing s. 550.615(9), F.S.,

18         relating to limited intertrack wagering

19         license; amending s. 561.501, F.S.; reducing

20         the alcoholic beverage surcharges on liquor,

21         wine, cider, and beer sold for consumption on

22         the premises; amending s. 561.121, F.S.;

23         increasing the portion of the surcharge which

24         is transferred to the Children and Adolescents

25         Substance Abuse Trust Fund; amending s. 212.08,

26         F.S.; revising the amount of the exemption from

27         the tax on sales, use, and other transactions

28         for industrial machinery and equipment used in

29         an expanding business; providing effective

30         dates.

31

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