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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senators Lee and Geller moved the following amendment to

12  amendment (263483):

13

14         Senate Amendment (with title amendment) 

15         On page 1, line 17, through

16            page 72, line 16, delete those lines

17

18  and insert:

19         Section 1.  Subsection (1) of section 561.501, Florida

20  Statutes, is amended to read:

21         561.501  Surcharge on sale of alcoholic beverages for

22  consumption on the premises; penalty.--

23         (1)  Notwithstanding s. 561.50 or any other provision

24  of the Beverage Law, a surcharge of 3.34 6.67 cents is imposed

25  upon each ounce of liquor and each 4 ounces of wine, a

26  surcharge of 2 4 cents is imposed on each 12 ounces of cider,

27  and a surcharge of 1.34 2.67 cents is imposed on each 12

28  ounces of beer sold at retail for consumption on premises

29  licensed by the division as an alcoholic beverage vendor.

30  However, the surcharges imposed under this subsection need not

31  be paid upon such beverages when they are sold by an

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  organization that is licensed by the division under s.

  2  565.02(4) or s. 561.422 as an alcoholic beverage vendor and

  3  that is determined by the Internal Revenue Service to be

  4  currently exempt from federal income tax under s. 501(c)(3),

  5  (4), (5), (6), (7), (8), or (19) of the Internal Revenue Code

  6  of 1986, as amended.

  7         Section 2.  Subsection (4) of section 561.121, Florida

  8  Statutes, is amended to read:

  9         561.121  Deposit of revenue.--

10         (4)  State funds collected pursuant to s. 561.501 shall

11  be paid into the State Treasury and credited to the following

12  accounts:

13         (a)  Twenty-seven and two-tenths Thirteen and

14  six-tenths percent of the surcharge on the sale of alcoholic

15  beverages for consumption on premises shall be transferred to

16  the Children and Adolescents Substance Abuse Trust Fund, which

17  shall remain with the Department of Children and Family

18  Services for the purpose of funding programs directed at

19  reducing and eliminating substance abuse problems among

20  children and adolescents.

21         (b)  The remainder of collections shall be credited to

22  the General Revenue Fund.

23         Section 3.  Subsection (6) of section 212.20, Florida

24  Statutes, is amended to read:

25         212.20  Funds collected, disposition; additional powers

26  of department; operational expense; refund of taxes

27  adjudicated unconstitutionally collected.--

28         (6)  Distribution of all proceeds under this chapter

29  shall be as follows:

30         (a)  Proceeds from the convention development taxes

31  authorized under s. 212.0305 shall be reallocated to the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  Convention Development Tax Clearing Trust Fund.

  2         (b)  Proceeds from discretionary sales surtaxes imposed

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

  4  the Discretionary Sales Surtax Clearing Trust Fund.

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

  6  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

  7  Tax Clearing Trust Fund.

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

  9  212.18(5) shall be deposited in the Solid Waste Management

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

11  department, and shall be subsequently transferred to the State

12  Treasurer to be deposited into the Solid Waste Management

13  Trust Fund.

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

15  212.05(1)(i)3. and 212.18(3) shall remain with the General

16  Revenue Fund.

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

18  pursuant to this chapter shall be distributed as follows:

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

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

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

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

23  deposited in monthly installments into the General Revenue

24  Fund.

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

26  the Solid Waste Management Trust Fund.

27         3.  After the distribution under subparagraphs 1. and

28  2., 9.653 percent of the amount remitted by a sales tax dealer

29  located within a participating county pursuant to s. 218.61

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

31  Tax Clearing Trust Fund.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

  3  Government Half-cent Sales Tax Clearing Trust Fund and

  4  distributed pursuant to s. 218.65.

  5         5.  Of the remaining proceeds:

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

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

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

  9  part shall be distributed to each county.  The distribution

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

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

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

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

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

15  district school board, special district, or a municipal

16  government, such payment shall continue until such time that

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

18  covenants with holders of bonds or other instruments of

19  indebtedness issued by local governments, special districts,

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

21  not the intent of this subparagraph to adversely affect the

22  rights of those holders or relieve local governments, special

23  districts, or district school boards of the duty to meet their

24  obligations as a result of previous pledges or assignments or

25  trusts entered into which obligated funds received from the

26  distribution to county governments under then-existing s.

27  550.135.  This distribution specifically is in lieu of funds

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

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

30  distributed monthly by the department to each applicant that

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

  3  distributed monthly by the department to each applicant that

  4  has been certified as a "new spring training franchise

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

  6  60 days following such certification and shall continue for 30

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

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

  9  distributions than actually expended by the applicant for the

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

11  certified applicant shall receive distributions up to the

12  maximum amount allowable and undistributed under this section

13  for additional renovations and improvements to the facility

14  for the franchise without additional certification.

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

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

17  Revenue that an applicant has been certified as the

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

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

20  up to 300 months, to the applicant.

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

22  of Commerce to the Department of Revenue that the applicant

23  has been certified as the International Game Fish Association

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

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

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

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

28         6.  All other proceeds shall remain with the General

29  Revenue Fund.

30         Section 4.  Subsection (8) of section 550.01215 is

31  repealed.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         Section 5.  Section 550.135, Florida Statutes, is

  2  amended to read:

  3         550.135  Division of moneys derived under this

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

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

  6  distributed as follows in the following proportions, in the

  7  manner and at the times specified in this section:

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

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

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

11  any excess of such moneys after the distributions to the

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

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

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

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

16  deficiency if the deficiency does not exceed the deposits of

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

18  that fiscal year.

19         (2)  The distribution among the several counties

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

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

22  4 months.  If during the fiscal year the sums available for

23  distribution to the counties is not sufficient to make the

24  scheduled distributions, the division shall immediately

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

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

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

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

29  the maximum sum to be distributed, the division shall

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

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

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

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

  6         (1)(3)  The daily license fee revenues collected

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

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

  9  the operation of the office of the secretary and the Division

10  of Administration of the Department of Business and

11  Professional Regulation; however, other collections in the

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

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

14  operation of the division in accordance with authorized

15  appropriations.

16         (2)(4)  After payments to the counties have been

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

18  unappropriated funds in excess of $3.5 million in the

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

20  Treasurer to the credit of the General Revenue Fund as

21  provided in subsection (1).

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

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

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

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

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

27  directly to the district school board.

28         Section 6.  Subsections (1), (3), and (5) and paragraph

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

30  are amended to read:

31         550.0951  Payment of daily license fee and taxes.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  business of conducting race meetings or jai alai games under

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

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

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

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

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

  8  racetrack or fronton licensed under this chapter.  Effective

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

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

11  permitholder per state fiscal year, each greyhound

12  permitholder shall receive in the current state fiscal year a

13  tax credit equal to the number of live greyhound races

14  conducted in the previous state fiscal year times the daily

15  license fee specified for each dograce in this subsection

16  applicable for the previous state fiscal year.  This tax

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

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

19  license fees imposed by this chapter on live handle under

20  subsection (3) except during any charity or scholarship

21  performances conducted pursuant to s. 550.0351. Effective

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

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

24  games on which such permitholder accepts wagers regardless of

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

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

27  license fee shall be deposited with the Treasurer to the

28  credit of the Pari-mutuel Wagering Trust Fund.

29         (b)  Each permitholder that authorized a maximum tax

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

31  550.09514(1) or the greyhound permitholder that had the lowest

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  live handle during the preceding state fiscal year, which

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

  3  $500,000 provided in s. 550.09514(1) or the daily license fee

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

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

  6  form provided by the division to transfer such exemption or

  7  credit or any portion thereof to any greyhound permitholder

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

  9  purpose of intertrack wagering. Once an election to transfer

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

11  not be rescinded. The division shall disapprove the credit

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

13  thereof is unavailable to the transferring permitholder or

14  when the permitholder, who is entitled to transfer the

15  exemption or credit or who is entitled to receive the

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

17  deficiency letter or administrative complaint issued by the

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

19  transferred tax exemption or credit shall be effective for the

20  first performance of the next biweekly pay period as specified

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

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

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

24  license fees imposed by this chapter on live racing as

25  provided in this subsection. The greyhound permitholder host

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

27  transferred shall reimburse such permitholder the exact

28  monetary value of such transferred exemption or credit as

29  actually applied against the taxes and daily license fees of

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

31  of exemption or credit are made in accordance with this

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  subsection and shall have the authority to adopt rules to

  2  ensure the implementation of this section.

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

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

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

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

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

  8  conducted during the daily performance.  If a permitholder

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

10  on each performance separately.

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

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

13  percent of the handle.

14         (b)1.  The tax on handle for dogracing is 5.5 7.6

15  percent of the handle, except that for live charity

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

17  wagering on such charity performances at a guest greyhound

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

19  percent of the handle. and

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

21  the handle.

22         (c)1.  The tax on handle for intertrack wagering is 2.0

23  3.3 percent of the handle if the host track is a horse track,

24  3.3 percent if the host track is a harness track, 5.5 7.6

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

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

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

28  guest track are thoroughbred permitholders or if the guest

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

30  within the market area of a throughbred permitholder currently

31  conducting a live race meet. The tax on handle for intertrack

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  wagering on rebroadcasts of simulcast thoroughbred horseraces

  2  is 2.4 percent of the handle and 1.5 percent of the handle for

  3  intertrack wagering on rebroadcasts of simulcast harness

  4  horseraces.  The tax shall be deposited into the Pari-mutuel

  5  Wagering Trust General Revenue Fund.

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

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

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

  9  of which are greyhound permitholders, located in three

10  contiguous counties, from any greyhound permitholder also

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

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

13  games received from the same class of permitholder located

14  within the same market area is 3.9 6 percent if the host

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

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

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

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

19  permitholder during the current state fiscal year exceeds the

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

21  permitholder during the 1992-1993 state fiscal year.

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

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

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

25  Any taxes so imposed shall be deposited into the General

26  Revenue Fund.

27         (d)  Notwithstanding any other provision of this

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

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

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

31         (5)  PAYMENT AND DISPOSITION OF FEES AND

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

  3  division. The division shall deposit these sums with the

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

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

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

  7  permitholder shall remit to the division payment for the daily

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

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

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

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

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

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

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

15  5th day of each calendar month for all taxes remitted during

16  the preceding calendar month.  Such payments shall be

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

18  admissions, the pari-mutuel wagering activities for the

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

20  prescribed by the division.

21         (6)  PENALTIES.--

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

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

24  permitholder to make payments of the daily license fee,

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

26  constitutes sufficient grounds for the division to suspend or

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

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

29  license or permit to the permitholder.

30         Section 7.  Any double-sum tax liability that accrued

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  forgiven, and the Department of Business and Professional

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

  4         Section 8.  Section 550.09514, Florida Statutes, is

  5  amended to read:

  6         550.09514  Greyhound dogracing taxes; purse

  7  requirements.--

  8         (1)  Notwithstanding the provisions of s.

  9  550.0951(3)(b), Wagering on greyhound racing is subject to a

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

11  550.0951(3) at the rate of 7.6 percent of handle. However,

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

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

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

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

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

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

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

19  beginning the day after the biweekly period in which the

20  permitholder reaches the maximum tax savings per state fiscal

21  year provided in this section.  For the three permitholders

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

23  and are closest to another state that which authorizes

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

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

26  subsection relating to tax exemptions shall not apply to any

27  charity or scholarship performances conducted pursuant to s.

28  550.0351.

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

30  permitholder the annual purse percentage rate of live handle

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

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

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

  5  races conducted during its current race meet a percentage of

  6  its live handle not less than the percentage determined under

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

  8  for its 1993-1994 state fiscal year.

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

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

11  each permitholder shall pay as purses, for fiscal year

12  1996-1997, an amount equal to 75 percent of the permitholder's

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

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

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

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

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

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

19  purse supplement shall be disbursed weekly during the

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

21  the annual purse supplement by the number of performances

22  approved for the permitholder pursuant to its annual license

23  and multiplying that amount by the number of performances

24  conducted each week. For the greyhound permitholders in the

25  county where there are two greyhound permitholders located as

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

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

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

29  fiscal year. These permitholders shall be jointly and

30  severally liable for such purse payments.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  The additional purses provided by this paragraph must be used

  2  exclusively for purses other than stakes.  The division shall

  3  conduct audits necessary to ensure compliance with this

  4  section.

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

  6  least three live performances during any week shall pay purses

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

  8  intertrack and simulcast greyhound races at the same rate as

  9  it pays on live races. Each greyhound permitholder when

10  conducting at least three live performances during any week

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

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

13  track which is not conducting live racing and is located

14  within the same market area as the greyhound permitholder

15  conducting at least three live performances during any week.

16         2.  Each host greyhound permitholder shall pay purses

17  on its simulcast and intertrack broadcasts of greyhound races

18  to guest facilities that are located outside its market area

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

20  subtracting the transmission costs of sending the simulcast or

21  intertrack broadcasts from an amount determined by adding the

22  fees received for greyhound simulcast races plus 3 percent of

23  the greyhound intertrack handle at guest facilities that are

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

25  contractual fees to the host for such broadcasts of greyhound

26  races.

27         (d)  The division shall require sufficient

28  documentation from each greyhound permitholder regarding

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

30  percentage rates paid by each permitholder on the live races

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

                                  15
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  fiscal year. The division shall require sufficient

  2  documentation from each greyhound permitholder to assure that

  3  the purses paid by each permitholder on the greyhound

  4  intertrack and simulcast broadcasts are in compliance with the

  5  requirements of paragraph (c).

  6         (e)  In addition to the purse requirements of

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

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

  9  reduction on live and simulcast handle applicable to such

10  permitholder as a result of the reductions in tax rates

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

12  With respect to intertrack wagering when the host and guest

13  tracks are greyhound permitholders not within the same market

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

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

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

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

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

19  the guest track is a greyhound permitholder within the market

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

21  permitholder, an amount equal to such tax reduction applicable

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

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

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

25  received if the permitholder conducts at least one live

26  performance during that week. If the permitholder does not

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

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

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

30  an amount determined by dividing the purse amount by the

31  number of performances approved for the permitholder pursuant

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  number of performances conducted each week. The division shall

  3  conduct audits necessary to ensure compliance with this

  4  paragraph.

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

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

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

  8  purses paid on live greyhound races and all greyhound

  9  intertrack and simulcast broadcasts, including both as a guest

10  and a host together with the handle or commission calculations

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

12  sending the simulcast or intertrack broadcasts, so that the

13  kennel operators may determine statutory and contractual

14  compliance.

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

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

17  such permitholder appropriate federal taxpayer identification

18  information based on the percentage amount agreed upon between

19  the kennel operator and the greyhound owner.

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

21  operators under contract with a greyhound permitholder, the

22  permitholder shall make deductions from purses paid to each

23  kennel operator electing such deduction and shall make a

24  direct payment of such deductions to the local association of

25  greyhound kennel operators formed by a majority of kennel

26  operators under contract with the permitholder. The amount of

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

28  determined by the local association of greyhound kennel

29  operators. No deductions may be taken pursuant to this

30  paragraph without a kennel operator's specific approval before

31  or after the effective date of this act.

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  handle" means the handle from wagers placed at the

  3  permitholder's establishment on the live greyhound races

  4  conducted at the permitholder's establishment.

  5         Section 9.  Subsections (2), (5), and (6) of section

  6  550.09515, Florida Statutes, are amended, and subsection (7)

  7  is added to that section, to read:

  8         550.09515  Thoroughbred horse taxes; abandoned interest

  9  in a permit for nonpayment of taxes.--

10         (2)

11         (a)  Notwithstanding the provisions of s.

12  550.0951(3)(a), the tax on handle for live thoroughbred

13  horserace horse performances shall be subject to the

14  following:

15         1.  The tax on handle per performance for live

16  thoroughbred performances is 0.5 2.0 percent of handle for

17  performances conducted during the period beginning on January

18  3 and ending March 16; 0.2 .20 percent of handle for

19  performances conducted during the period beginning March 17

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

21  performances conducted during the period beginning May 23 and

22  ending January 2.

23         2.  If any thoroughbred permitholder conducts

24  performances during more than one time period or if

25  performances are conducted during more than one period at any

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

27  of the tax percentages for the periods in which performances

28  are being conducted, except:

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  of the racing period in which the permitholders intend to

  3  operate.

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

  5  permitholder holding a license for operating any one of the

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

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

  8  operate for 10 consecutive days, a permitholder already

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

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

11  addition to the period already licensed.

12         c.  Two permitholders who operated in different periods

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

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

15  results in either permitholder or the facility of a

16  permitholder being operated in two different periods.

17

18  However, any thoroughbred permitholder whose total handle on

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

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

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

22  on live handle per performance.

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

24  23 during the state fiscal year 1992-1993, any permitholder

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

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

27  live handle per performance.  In the event this provision

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

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

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

31  thoroughbred permitholders for racing dates prior to April 26,

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  1993, then, notwithstanding the provisions of s. 550.525(2),

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

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

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

  5  include handle from intertrack wagering.

  6         (5)  Notwithstanding the provisions of s.

  7  550.0951(3)(c), the tax on handle for intertrack wagering on

  8  rebroadcasts of simulcast horseraces is 2.4 percent of the

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

10  throughbred track located more than 35 miles from the host

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

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

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

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

15  Pari-mutuel Wagering Trust General Revenue Fund.

16         (6)  Notwithstanding the provisions of s.

17  550.0951(3)(c), the tax on handle is 0.2 percent for

18  intertrack wagering and for intertrack wagering on

19  rebroadcasts of simulcast horseraces for a thoroughbred

20  permitholder that conducts performances during the period

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

22  only to thoroughbred permitholders located in any area of the

23  state where there are three or more thoroughbred permitholders

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

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

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

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

28  by a thoroughbred permitholder during the taxable year

29  directly to the Jockeys' Guild or its health and welfare fund

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

31  disabled, and retired Florida jockeys and their dependents

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  pursuant to reasonable rules of eligibility established by the

  2  Jockeys' Guild is allowed against taxes on live handle due for

  3  a taxable year under this section. A thoroughbred permitholder

  4  may not receive a credit greater than an amount equal to 1

  5  percent of its paid taxes for the previous taxable year.

  6         Section 10.  Effective July 1, 2001, paragraph (a) of

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

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

  9  reenacted to read:

10         550.09515  Thoroughbred horse taxes; abandoned interest

11  in a permit for nonpayment of taxes.--

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

13  550.0951(3)(a), The tax on handle for live thoroughbred

14  horserace horse performances shall be 0.5 percent. subject to

15  the following:

16         1.  The tax on handle per performance for live

17  thoroughbred performances is 2.25 percent of handle for

18  performances conducted during the period beginning on January

19  3 and ending March 16; .70 percent of handle for performances

20  conducted during the period beginning March 17 and ending May

21  22; and 1.5 percent of handle for performances conducted

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

23         2.  However, any thoroughbred permitholder whose total

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

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

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

27  percent on live handle per performance.

28         Section 11.  Section 550.1645, Florida Statutes, is

29  amended to read:

30         550.1645  Escheat to state of abandoned interest in or

31  contribution to pari-mutuel pools.--

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  protecting the interest of the owners, to possess all

  3  unclaimed and abandoned interest in or contribution to certain

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

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

  6  this law shall be liberally construed to accomplish such

  7  purpose.

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

  9  money or other property represented by any unclaimed,

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

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

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

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

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

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

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

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

18  state.

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

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

21  which is held by such licensee authorized to conduct

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

23  licensee to the Treasurer annually within 60 days after the

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

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

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

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

28  IX of the State Constitution.

29         Section 12.  Section 550.1647, Florida Statutes, is

30  created to read:

31         550.1647  Greyhound permitholders; unclaimed tickets;

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  breaks.--All money or other property represented by any

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

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

  4  permitholder authorized to conduct greyhound racing

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

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

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

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

  9  with respect to live races conducted by the permitholder, be

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

11  permitholder shall be entitled to a credit in each state

12  fiscal year in an amount equal to the actual amount remitted

13  in the prior state fiscal year which may be applied against

14  any taxes imposed pursuant to this chapter. In addition, each

15  permitholder shall pay, from any source, including the

16  proceeds from performances conducted pursuant to s. 550.0351,

17  an amount not less than 10 percent of the amount of the credit

18  provided by this section to any bonafide organization that

19  promotes or encourages the adoption of greyhounds.

20         Section 13.  Section 550.615, Florida Statutes, is

21  amended to read:

22         550.615  Intertrack wagering.--

23         (1)  Any horserace permitholder licensed under this

24  chapter which has conducted a full schedule of live racing

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

26  wagers on horseraces conducted by horserace permitholders

27  licensed under this chapter at its facility.

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

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

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

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

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  races or games conducted by any class of permitholders

  2  licensed under this chapter.

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

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

  5  eligible to conduct intertrack wagering under the provisions

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

  7  and conduct intertrack wagering under this section; provided,

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

  9  25 miles of another permitholder to receive in any week at

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

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

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

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

14  miles of another permitholder to accept within any week at

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

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

17  restrain any permitholder that is otherwise authorized to

18  conduct intertrack wagering from receiving the signal of any

19  other permitholder or sending its signal to any permitholder.

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

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

22  without the written consent of such operating permitholders

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

24  track is within the market area of such operating

25  permitholder.

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

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

28  the consent of the host track.

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

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

31  horserace permitholders within 25 miles of each other,

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  intertrack wagering between permitholders in said area of the

  2  state shall only be authorized under the following conditions:

  3  Any permitholder, other than a thoroughbred permitholder, may

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

  5  permitholder of the same class or any harness permitholder

  6  located within such area and any harness permitholder may

  7  accept wagers on games conducted live by any jai alai

  8  permitholder located within its market area and from a jai

  9  alai permitholder located within the area specified in this

10  subsection when no jai alai permitholder located within its

11  market area is conducting live jai alai performances; any

12  greyhound or jai alai permitholder may receive broadcasts of

13  and accept wagers on any permitholder of the other class

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

15  such other class is not operating a contemporaneous live

16  performance within the market area.

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

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

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

20  permitholder is not licensed to conduct live races or games

21  without the written consent of the other permitholder that is

22  conducting live races or games.  However, if neither

23  permitholder is conducting live races or games, either

24  permitholder may accept intertrack wagers on horseraces or on

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

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

27  permit.

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

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

30  greyhound permitholders, if any permitholder leases the

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

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  lessee may conduct intertrack wagering at its pre-lease

  3  permitted facility throughout the entire year, including while

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

  5  such permitholder has conducted a full schedule of live racing

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

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

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

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

10  thoroughbred horse racing, two for greyhound dogracing, and

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

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

13  without the written consent of such operating permitholders

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

15  track is within the market area of such operating

16  permitholder.

17         (10)(9)(a)  Upon application to the division on or

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

19  that has conducted at least 15 days of thoroughbred horse

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

21  years, and conducted at least one day of nonwagering

22  thoroughbred racing, with a purse structure of at least

23  $250,000 per year for 2 consecutive years prior to such

24  application, shall be issued a license to conduct intertrack

25  wagering for thoroughbred racing for up to 21 days in

26  connection with thoroughbred sales, to conduct intertrack

27  wagering at such permanent sales facility between November 1

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

29  wagering at such permanent sales facility between May 9 and

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

31  permitholder in the same county is not conducting live

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  performances, and to conduct intertrack wagering under the

  2  provisions of this subsection during the weekend of the

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

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

  5  subject to conditions set forth in this subsection, provided

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

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

  8  division shall determine which permitholder shall be granted

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

10  consider the length of time the permitholder has been

11  conducting thoroughbred horse sales in this state, the length

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

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

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

15  these criteria.

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

17  ss. 550.125 and 550.1815.

18         (d)  Intertrack wagering under this subsection may not

19  be conducted within 50 miles of any greyhound racetrack that

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

21  1990.

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

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

24  relating to suspension or revocation of a quarter horse permit

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

26         (f)  Intertrack wagering under this subsection may only

27  be conducted on thoroughbred horse racing, and intertrack

28  wagering under this subsection may not be conducted on evening

29  performances.

30         (11)(10)  All costs of receiving the transmission of

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

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  track.

  3         (12)(11)  Notwithstanding any other provision of this

  4  section, any thoroughbred permitholder that conducts

  5  performances during the period beginning May 23 and ending

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

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

  8  permitholder to any thoroughbred permitholder that conducts

  9  performances during the period beginning March 17 and ending

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

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

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

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

14  by the host track as compensation for lost revenues and

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

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

17  to thoroughbred permitholders located in any area of the state

18  where there are three or more thoroughbred permitholders

19  within 25 miles of each other.

20         Section 14.  Subsection (2) of section 550.0555,

21  Florida Statutes, is amended to read:

22         550.0555  Greyhound dogracing permits; relocation

23  within a county; conditions.--

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

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

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

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

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

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

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

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

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  not cross the county boundary, that such relocation is

  3  approved under the zoning regulations of the county or

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

  5  development use, consistent with the comprehensive plan, and

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

  7  determined at a proceeding pursuant to chapter 120 in the

  8  county affected that the move is necessary to ensure the

  9  revenue-producing capability of the permittee without

10  deteriorating the revenue-producing capability of any other

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

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

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

14  line of the other.

15         Section 15.  Paragraph (a) of subsection (2) of section

16  550.09512, Florida Statutes, is amended to read:

17         550.09512  Harness horse taxes; abandoned interest in a

18  permit for nonpayment of taxes.--

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

20  550.0951(3)(a), The tax on handle for live harness horse

21  performances is 0.5 1 percent of handle per performance.

22         Section 16.  Section 550.475, Florida Statutes, is

23  amended to read:

24         550.475  Lease of pari-mutuel facilities by pari-mutuel

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

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

27  standardbred horse racing in this state are shall be entitled

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

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

30  dogracing, or thoroughbred or standardbred horse racing, when

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

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

  3         Section 17.  Subsection (1) of section 550.625, Florida

  4  Statutes, is amended to read:

  5         550.625  Intertrack wagering; purses; breeders'

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

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

  8  quarter horse permit shall pay an amount equal to 7.0 6.125

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

10  550.615, as purses during its current race meet.  However, up

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

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

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

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

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

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

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

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

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

20  provisions of s. 550.2625 apply to the overpayment or

21  underpayment.

22         Section 18.  Subsection (2) of section 550.155, Florida

23  Statutes, is amended to read:

24         550.155  Pari-mutuel pool within track enclosure;

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

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

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

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

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

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

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

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  permitholder shall inform the patrons, either through the

  3  official program or via the posting of signs at conspicuous

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

  5  at the facility.  A capital improvement proposed by a

  6  permitholder licensed under this chapter to a pari-mutuel

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

  8  requires, pursuant to any municipal or county ordinance,

  9  resolution, or regulation, the qualification or approval of

10  the municipality or county wherein the permitholder conducts

11  its business operations, shall receive approval unless the

12  municipality or county is able to show that the proposed

13  improvement presents a justifiable and immediate hazard to the

14  health and safety of municipal or county residents, provided

15  the permitholder pays to the municipality or county the cost

16  of a building permit and provided the capital improvement

17  meets the following criteria:

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

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

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

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

22  site of the improvement must share a sufficient common

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

24  and free access without crossing a public roadway, public

25  waterway, or similar barrier.

26         Section 19.  Subsections (3), (5), (6), (8), and (10)

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

28         550.26352  Breeders' Cup Meet; pools authorized;

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

30  application.--

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

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

  4  3 days by the other permitholders is prohibited.  As

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

  6  operating permitholders shall receive a credit against the

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

  8  550.0951 and 550.09515.  This credit shall be in an amount

  9  equal to the operating loss determined to have been suffered

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

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

12  $950,000 $500,000.  The determination of the amount to be

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

14  operating permitholder.  The tax credits provided in this

15  subsection shall not be available unless an operating

16  permitholder is required to close a bona fide meet consisting

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

18  days immediately preceding or 10 scheduled performances in the

19  15 days immediately following the Breeders' Cup Meet.  Such

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

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

22  replacement or makeup of any lost racing days.

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

24  shall receive a credit against the taxes otherwise due and

25  payable to the state under ss. 550.0951 and 550.09515

26  generated during said permitholder's next ensuing regular

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

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

29  permitholder to pay the purses offered by the permitholder

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  application of the permitholder which is subject to audit by

  3  the division.

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

  5  shall receive a credit against the taxes otherwise due and

  6  payable to the state under ss. 550.0951 and 550.09515

  7  generated during said permitholder's next ensuing regular

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

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

10  permitholder for such capital improvements and extraordinary

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

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

13  the division upon application of the permitholder which is

14  subject to audit by the division.

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

16  conducting the Breeders' Cup Meet is authorized to transmit

17  broadcasts of the races conducted during the Breeders' Cup

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

19  The division may approve broadcasts to pari-mutuel

20  permitholders and other betting systems authorized under the

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

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

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

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

25  permitholder conducting the Breeders' Cup Meet.  The

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

27  commingled wagers may be performed by the permitholder's

28  totalisator contractor at a location outside of this state.

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

30  other betting systems in foreign countries before being

31  commingled with the pari-mutuel pool of the Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  permitholder conducting the Breeders' Cup Meet shall be

  2  calculated by the totalisator contractor and transferred to

  3  the commingled pool in United States currency in cycles

  4  customarily used by the permitholder. Pool amounts from wagers

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

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

  7  determination is made by the division that the technology

  8  utilized by the totalisator contractor is adequate to assure

  9  commingled pools will result in the calculation of accurate

10  payoffs to Florida bettors.  Any totalisator contractor at a

11  location outside of this state shall comply with the

12  provisions of s. 550.495 relating to totalisator licensing.

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

14  is authorized to transmit broadcasts of the races conducted

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

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

17  permitholder conducting the Breeders' Cup Meet shall not be

18  required to transmit broadcasts to any pari-mutuel facility

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

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

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

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

23  without the consent of all operating permitholders in the

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

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

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

27  conducting the Breeders' Cup Meet.

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

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

30  Meet as authorized in this section.  Included within this

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  regarding the overall conduct of racing during the Breeders'

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

  3  for all participants, special stabling and training

  4  requirements for foreign horses, commingling of pari-mutuel

  5  pools, and audit requirements for tax credits and other

  6  benefits.

  7         Section 20.  Paragraph (a) of subsection (9) of section

  8  550.6305, Florida Statutes, is amended to read:

  9         550.6305  Intertrack wagering; guest track payments;

10  accounting rules.--

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

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

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

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

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

16  550.3551.

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

18  the amount of takeout remaining after the payment of state

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

20  cost to the permitholder required to be paid to the

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

22  Thoroughbred Breeders' Association and the Florida

23  Standardbred Breeders and Owners Association, to be used as

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

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

26         Section 21.  Subsection (31) of section 550.002,

27  Florida Statutes, is amended to read:

28         550.002  Definitions.--As used in this chapter, the

29  term:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  permitholder, greyhound races or other greyhound

  3  permitholders; with respect to a thoroughbred permitholder,

  4  thoroughbred races or other thoroughbred permitholders; with

  5  respect to a harness permitholder, harness races or other

  6  harness permitholders; with respect to a quarter horse

  7  permitholder, quarter horse races or other quarter horse

  8  permitholders.

  9         Section 22.  Subsections (8) and (9) of section

10  550.0351, Florida Statutes, are amended to read:

11         550.0351  Charity racing days.--

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

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

14  permitholder is authorized to conduct two one additional

15  charity performances performance each fiscal year for a fund

16  to benefit retired jai alai players.  This performance shall

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

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

19  division.

20         (9)  Notwithstanding the limitations set forth in

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

22  conducted one "Retired Jai Alai Players Charity Day"

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

24  authorized to conduct up to two performances per fiscal year

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

26  equivalent to the total number of fiscal years.  This

27  subsection shall be repealed on July 1, 2000.

28         Section 23.  Section 550.105, Florida Statutes, is

29  amended to read:

30         550.105  Occupational licenses of racetrack employees;

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  and fines.--

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

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

  4  the division an annual occupational license, which license is

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

  6  moneys collected pursuant to this section each fiscal year

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

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

  9  the division and persons connected with racetracks, the

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

11  racetrack but may not make that determination apply to any

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

13  season license fee must be equal to the annual occupational

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

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

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

17  purchaser of the license pays the full occupational license

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

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

20  license shall be valid during its specified term at any

21  pari-mutuel facility.

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

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

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

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

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

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

28  entity in one of the following categories and with scheduled

29  annual fees as follows:.

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

31  contractual concessionaire, contract kennel, business owning

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  name, or other fictitious name: $50.

  3         2.  Professional occupational licenses: professional

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

  5  quarters in jai alai such as trainers, officials,

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

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

  8  any management or officer or director or shareholder or any

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

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

11  animals, kennel compound, or managers or supervisors requiring

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

13  equipment: $40.

14         3.  General occupational licenses: general employees

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

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

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

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

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

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

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

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

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

24  totalisator equipment or who would provide the security or

25  maintenance of these areas: $10.

26

27  The individuals and entities that are licensed under this

28  paragraph Persons issued an unrestricted license require

29  heightened the most state scrutiny, including the submission

30  by the individual licensees or persons associated with the

31  entities described in this chapter of fingerprints for a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  Federal Bureau of Investigation criminal records check.

  2         (b)  Restricted licenses shall be issued to persons

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

  4  players' room, jockeys' room, drivers' room, totalisator room,

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

  6  license require the less state scrutiny and will not require

  7  routine criminal records check.  The division may require

  8  persons issued the restricted license to submit fingerprints

  9  for a criminal records check as needed for investigations.

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

11  pertaining to pari-mutuel regarding unrestricted and

12  restricted occupational licenses.

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

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

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

16  contractual concessionaires, contract kennels, businesses

17  owning racing animals, trusts or estates, totalisator

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

19         2.  Unrestricted licenses:  professional persons with

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

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

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

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

24  director or shareholder or any other professional level person

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

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

27         3.  Unrestricted licenses:  general employees with

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

  3  these areas: $10.

  4         4.  Unrestricted licenses:  managers or supervisors

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

  6  totalisator equipment but not requiring access to the

  7  backside: $40.

  8         5.  Unrestricted licenses:  mutuel employees,

  9  totalisator employees, money room employees, and any employee

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

11  totalisator equipment or the security or maintenance of these

12  areas:  $10.

13         6.  Restricted licenses:  managers, supervisors, and

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

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

16  compound, mutuels areas, or money room or totalisator

17  equipment:  $40.

18         7.  Restricted licenses:  general employees or

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

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

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

22         (3)  Certified public accountants and attorneys

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

24  hold an occupational license under this section while

25  providing accounting or legal services to a permitholder if

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

27  of employment is not on the permitholder premises.

28         (4)(3)  It is unlawful for any person to take part in

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

30  pari-mutuel facility without first having secured a license

31  and paid the occupational license fee.

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         (5)(4)(a)  The division may:

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

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

  4  has been refused a license by any other state racing

  5  commission or racing authority;

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

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

  8  another jurisdiction;

  9

10  if the state racing commission or racing authority of such

11  other state or jurisdiction extends to the division reciprocal

12  courtesy to maintain the disciplinary control.

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

14  ineligible any occupational license if the applicant for or

15  holder thereof has violated the provisions of this chapter or

16  the rules of the division governing the conduct of persons

17  connected with racetracks and frontons.  In addition, the

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

19  occupational license if the applicant for such license has

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

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

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

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

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

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

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

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

28  state or any other jurisdiction for an offense related to

29  pari-mutuel wagering.

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

31  revoke any occupational license if the applicant for such

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

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

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

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

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

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

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

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

  9  offense, the restrictions excluding offenders may be waived by

10  the director of the division.

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

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

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

14  administrative charges and the occupational licensee is found

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

16  revoked and a time period of license ineligibility may be

17  declared.  The division may bring administrative charges

18  against any person not holding a current license for

19  violations of statutes or rules which occurred while such

20  person held an occupational license, and the division may

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

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

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

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

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

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

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

28  or ineligibility, any person whose occupational license

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

30  declared ineligible to hold an occupational license, or whose

31  occupational license has been suspended or revoked by the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  division.

  2         (e)  The division may cancel any occupational license

  3  that has been voluntarily relinquished by the licensee.

  4         (6)(5)  In order to promote the orderly presentation of

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

  6  issue a temporary occupational license.  The division shall

  7  adopt rules to implement this subsection.  However, no

  8  temporary occupational license shall be valid for more than 30

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

10  any person in any year.

11         (7)(6)  The division may deny, revoke, or suspend any

12  occupational license if the applicant therefor or holder

13  thereof accumulates unpaid obligations or defaults in

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

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

16  unpaid obligations, defaults, or dishonored or refused drafts

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

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

19         (8)(7)  The division may fine, or suspend or revoke, or

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

21  oath knowingly provides false information regarding an

22  investigation by the division.

23         (9)(8)  The tax imposed by this section is in lieu of

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

25  county, municipality, or other political subdivision, except

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

27  municipality, the municipality may assess and collect an

28  additional tax against any person conducting live racing or

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

30  $150 per day for horseracing or $50 per day for dogracing or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  against any person conducting race meetings within the

  3  corporate limits of the municipality or against any patron of

  4  any such person.

  5         (10)(9)  Upon application for an occupational license,

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

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

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

  9  address, mailing address, residence address and business phone

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

11  or any conviction involving bookmaking, illegal gambling, or

12  cruelty to animals; disclosure of any past or present

13  enforcement or actions by any racing or gaming agency against

14  the applicant; and any information the division determines is

15  necessary to establish the identity of the applicant or to

16  establish that the applicant is of good moral character.

17  Fingerprints shall be taken in a manner approved by the

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

19  Investigation, or to the association of state officials

20  regulating pari-mutuel wagering pursuant to the Federal

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

22  processing fingerprints shall be borne by the applicant and

23  paid to the association of state officials regulating

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

25  processing fees are deposited.  The division shall require

26  each applicant for an occupational license to have the

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

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

29  require additional information from licensees which is

30  reasonably necessary to regulate the industry.  The division

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  from the fingerprinting requirements.

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

  3  Florida Statutes, is amended to read:

  4         550.24055  Use of controlled substances or alcohol

  5  prohibited; testing of certain occupational licensees;

  6  penalty; evidence of test or action taken and admissibility

  7  for criminal prosecution limited.--

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

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

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

11  purpose of determining the alcoholic content of their blood

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

13  presence of controlled substances. Such tests shall only be

14  conducted upon reasonable cause that a violation has occurred

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

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

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

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

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

20  whichever is longer.

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

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

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

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

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

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

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

28  0.05 percent but less than 0.08 0.10 percent by weight of

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

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

31  influence of alcoholic beverages to the extent that the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





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

  2  board of judges may consider that fact in determining whether

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

  4  in any given race or jai alai game.

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

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

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

  8  the influence of alcoholic beverages to the extent that the

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

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

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

12  alai game on the day of such test.

13

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

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

16  316.1934 and rules adopted pursuant to that section.

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

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

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

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

21  permitted in this section.

22         Section 25.  Subsection (6) of section 563.06, Florida

23  Statutes, is amended to read:

24         563.06  Malt beverages; imprint on individual

25  container; size of containers; exemptions.--

26         (6)  All malt beverages packaged in individual

27  containers sold or offered for sale by vendors at retail in

28  this state shall be in individual containers containing no

29  more than only 8, 12, 16, or 32 ounces of such malt beverages;

30  provided, however, that nothing contained in this section

31  shall affect malt beverages packaged in bulk or in kegs or in

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  barrels or in any individual container containing 1 gallon or

  2  more of such malt beverage regardless of individual container

  3  type.

  4         Section 26.  Subsection (1) of section 550.26165,

  5  Florida Statutes, is amended to read:

  6         550.26165  Breeders' awards.--

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

  8  agricultural activity of breeding and training racehorses in

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

10  breeders' awards and stallion awards from breaks and uncashed

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

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

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

14  horses winning horseraces and for similar awards to the owners

15  of stallions who sired Florida-bred horses winning stakes

16  races, if the stallions are registered as Florida stallions

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

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

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

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

21  if funds are available. In addition, no less than 17 percent

22  nor more than 40 percent, as determined by the Florida

23  Thoroughbred Breeders' Association, of the moneys dedicated in

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

25  for thoroughbreds shall be returned prorata to the

26  permitholders that generated the moneys for awards to be

27  distributed by the permitholders to owners of registered

28  Florida-bred thoroughbred horses winning in thoroughbred races

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

30  accordance with a plan established annually no later than 120

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  and agreed upon by the permitholder, the Florida Thoroughbred

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

  3  and Protective Association, Inc., except that the plan for the

  4  distribution by any permitholder located in the area described

  5  in s. 550.615(9) shall be agreed upon by that permitholder,

  6  the Florida Thoroughbred Breeders' Association, and the

  7  association representing a majority of the thoroughbred

  8  racehorse owners and trainers at that location. Awards for

  9  thoroughbred races are to be paid through the Florida

10  Thoroughbred Breeders' Association, and awards for

11  standardbred races are to be paid through the Florida

12  Standardbred Breeders and Owners Association. Among other

13  sources specified in this chapter, The moneys for thoroughbred

14  breeders' awards will come from the 0.955 0.75 percent of

15  handle for thoroughbred races conducted, received, broadcast,

16  or simulcast under this chapter as provided in s. 550.2625(3).

17  The moneys for quarter horse and harness breeders' awards will

18  come from the breaks and uncashed tickets on live quarter

19  horse and harness racing performances and 1 percent of handle

20  on intertrack wagering.  The funds for these breeders' awards

21  shall be paid to the respective breeders' associations by the

22  permitholders conducting the races. The awards are to be given

23  at a uniform rate to all winners of the awards and may not be

24  less than 15 percent of the announced gross purse if funds are

25  available.

26         Section 27.  Subsections (2) and (3) of section

27  550.2625, Florida Statutes, are amended to read:

28         550.2625  Horseracing; minimum purse requirement,

29  Florida breeders' and owners' awards.--

30         (2)  Each permitholder conducting a horserace meet is

31  required to pay from the takeout withheld on pari-mutuel pools

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  a sum for purses in accordance with the type of race

  2  performed.

  3         (a)  A permitholder conducting a thoroughbred horse

  4  race meet under this chapter must pay from the takeout

  5  withheld a sum not less than 7.75 7.5 percent of all

  6  contributions to pari-mutuel pools conducted during the race

  7  meet as purses. In addition to the 7.75 7.5 percent minimum

  8  purse payment, permitholders conducting live thoroughbred

  9  performances shall be required to pay as additional purses

10  .625 percent of live handle for performances conducted during

11  the period beginning on January 3 and ending March 16; .225

12  percent for performances conducted during the period beginning

13  March 17 and ending May 22; and .85 percent for performances

14  conducted during the period beginning May 23 and ending

15  January 2.  Except that any thoroughbred permitholder whose

16  total handle on live performances during the 1991-1992 state

17  fiscal year was not greater than $34 million is not subject to

18  this additional purse payment. A permitholder authorized to

19  conduct thoroughbred racing may withhold from the handle an

20  additional amount equal to 1 percent on exotic wagering for

21  use as owners' awards, and may withhold from the handle an

22  amount equal to 2 percent on exotic wagering for use as

23  overnight purses.  No permitholder may withhold in excess of

24  20 percent from the handle without withholding the amounts set

25  forth in this subsection.

26         (b)1.  A permitholder conducting a harness horse race

27  meet under this chapter must pay to the purse pool from the

28  takeout withheld a purse requirement that totals an amount not

29  less than 8.25 8 percent of all contributions to pari-mutuel

30  pools conducted during the race meet.  An amount not less than

31  7.75 7.5 percent of the total handle shall be paid from this

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  purse pool as purses.

  2         2.  An amount not to exceed 0.5 percent of the total

  3  handle on all harness horse races that are subject to the

  4  purse requirement of subparagraph 1., must be available for

  5  use to provide medical, dental, surgical, life, funeral, or

  6  disability insurance benefits for occupational licensees who

  7  work at tracks in this state at which harness horse races are

  8  conducted.  Such insurance benefits must be paid from the

  9  purse pool specified in subparagraph 1.  An annual plan for

10  payment of insurance benefits from the purse pool, including

11  qualifications for eligibility, must be submitted by the

12  Florida Standardbred Breeders and Owners Association for

13  approval to the division.  An annual report of the implemented

14  plan shall be submitted to the division.  All records of the

15  Florida Standardbred Breeders and Owners Association

16  concerning the administration of the plan must be available

17  for audit at the discretion of the division to determine that

18  the plan has been implemented and administered as authorized.

19  If the division finds that the Florida Standardbred Breeders

20  and Owners Association has not complied with the provisions of

21  this section, the division may order the association to cease

22  and desist from administering the plan and shall appoint the

23  division as temporary administrator of the plan until the

24  division reestablishes administration of the plan with the

25  association.

26         (c)  A permitholder conducting a quarter horse race

27  meet under this chapter shall pay from the takeout withheld a

28  sum not less than 6 percent of all contributions to

29  pari-mutuel pools conducted during the race meet as purses.

30         (d)  The division shall adopt reasonable rules to

31  ensure the timely and accurate payment of all amounts withheld

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  by horserace permitholders regarding the distribution of

  2  purses, owners' awards, and other amounts collected for

  3  payment to owners and breeders.  Each permitholder that fails

  4  to pay out all moneys collected for payment to owners and

  5  breeders shall, within 10 days after the end of the meet

  6  during which the permitholder underpaid purses, deposit an

  7  amount equal to the underpayment into a separate

  8  interest-bearing account to be distributed to owners and

  9  breeders in accordance with division rules.

10         (e)  An amount equal to 8.5 percent of the purse

11  account generated through intertrack wagering and interstate

12  simulcasting will be used for Florida Owners' Awards as set

13  forth in subsection (3).  Any thoroughbred permitholder with

14  an average blended takeout which does not exceed 20 percent

15  and with an average daily purse distribution excluding

16  sponsorship, entry fees, and nominations exceeding $225,000 is

17  exempt from the provisions of this paragraph.

18         (3)  Each horseracing permitholder conducting any

19  thoroughbred race under this chapter, including any intertrack

20  race taken pursuant to ss. 550.615-550.6305 or any interstate

21  simulcast taken pursuant to s. 550.3551(3) shall pay a sum

22  equal to 0.955 0.75 percent on all pari-mutuel pools conducted

23  during any such race for the payment of breeders' and stallion

24  awards as authorized in this section.  This subsection also

25  applies to all Breeder's Cup races conducted outside this

26  state taken pursuant to s. 550.3551(3).  On any race

27  originating live in this state which is broadcast out-of-state

28  to any location at which wagers are accepted pursuant to s.

29  550.3551(2), the host track is required to pay 3.475 3.3

30  percent of the gross revenue derived from such out-of-state

31  broadcasts as breeders' and stallion awards.  The Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  Thoroughbred Breeders' Association is authorized to receive

  2  these payments from the permitholders and make payments of

  3  awards earned.  The Florida Thoroughbred Breeders' Association

  4  has the right to withhold up to 10 percent of the

  5  permitholder's payments under this section as a fee for

  6  administering the payments of awards and for general promotion

  7  of the industry.  The permitholder shall remit these payments

  8  to the Florida Thoroughbred Breeders' Association by the 5th

  9  day of each calendar month for such sums accruing during the

10  preceding calendar month and shall report such payments to the

11  division as prescribed by the division.  With the exception of

12  the 10-percent fee, the moneys paid by the permitholders shall

13  be maintained in a separate, interest-bearing account, and

14  such payments together with any interest earned shall be used

15  exclusively for the payment of breeders' awards and stallion

16  awards in accordance with the following provisions:

17         (a)  The breeder of each Florida-bred thoroughbred

18  horse winning a thoroughbred horse race is entitled to an

19  award of up to, but not exceeding, 20 percent of the announced

20  gross purse, including nomination fees, eligibility fees,

21  starting fees, supplementary fees, and moneys added by the

22  sponsor of the race.

23         (b)  The owner or owners of the sire of a Florida-bred

24  thoroughbred horse that wins a stakes race is entitled to a

25  stallion award of up to, but not exceeding, 20 percent of the

26  announced gross purse, including nomination fees, eligibility

27  fees, starting fees, supplementary fees, and moneys added by

28  the sponsor of the race.

29         (c)  The owners of registered Florida-bred thoroughbred

30  horses winning or placing in thoroughbred stakes races may

31  receive an award in accordance with a plan established in s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  550.26165(1).

  2         (d)(c)  In order for a breeder of a Florida-bred

  3  thoroughbred horse to be eligible to receive a breeder's

  4  award, or for the owners of a registered Florida-bred

  5  thoroughbred horse to be eligible to receive an award under

  6  paragraph (c), the horse winning the race must have been

  7  registered as a Florida-bred horse with the Florida

  8  Thoroughbred Breeders' Association, and the Jockey Club

  9  certificate for the winning horse must show that it the winner

10  has been duly registered as a Florida-bred horse as evidenced

11  by the seal and proper serial number of the Florida

12  Thoroughbred Breeders' Association registry.  The Florida

13  Thoroughbred Breeders' Association shall be permitted to

14  charge the registrant a reasonable fee for this verification

15  and registration.

16         (e)(d)  In order for an owner of the sire of a

17  thoroughbred horse winning a stakes race to be eligible to

18  receive a stallion award, the stallion must have been

19  registered with the Florida Thoroughbred Breeders'

20  Association, and the breeding of the registered Florida-bred

21  horse must have occurred in this state. The stallion must be

22  standing permanently in this state during the period of time

23  between February 1 and June 15 of each year or, if the

24  stallion is dead, must have stood permanently in this state

25  for a period of not less than 1 year immediately prior to its

26  death. The removal of a stallion from this state during the

27  period of time between February 1 and June 15 of any year for

28  any reason, other than exclusively for prescribed medical

29  treatment, as approved by the Florida Thoroughbred Breeders'

30  Association, renders the owner or owners of the stallion

31  ineligible to receive a stallion award under any circumstances

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  for offspring sired prior to removal; however, if a removed

  2  stallion is returned to this state, all offspring sired

  3  subsequent to the return make the owner or owners of the

  4  stallion eligible for the stallion award but only for those

  5  offspring sired subsequent to such return to this state. The

  6  Florida Thoroughbred Breeders' Association shall maintain

  7  complete records showing the date the stallion arrived in this

  8  state for the first time, whether or not the stallion remained

  9  in the state permanently, the location of the stallion, and

10  whether the stallion is still standing in this state and

11  complete records showing awards earned, received, and

12  distributed.  The association may charge the owner, owners, or

13  breeder a reasonable fee for this service.

14         (f)(e)  A permitholder conducting a thoroughbred horse

15  race under the provisions of this chapter shall, within 30

16  days after the end of the race meet during which the race is

17  conducted, certify to the Florida Thoroughbred Breeders'

18  Association such information relating to the thoroughbred

19  horses winning a stakes or other horserace at the meet as may

20  be required to determine the eligibility for payment of

21  breeders' awards and stallion awards.

22         (g)(f)  The Florida Thoroughbred Breeders' Association

23  shall maintain complete records showing the starters and

24  winners in all races conducted at thoroughbred tracks in this

25  state; shall maintain complete records showing awards earned,

26  received, and distributed; and may charge the owner, owners,

27  or breeder a reasonable fee for this service.

28         (h)(g)  The Florida Thoroughbred Breeders' Association

29  shall annually establish a uniform rate and procedure for the

30  payment of breeders' and stallion awards and shall make

31  breeders' and stallion award payments in strict compliance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  with the established uniform rate and procedure plan.  The

  2  plan may set a cap on winnings and may limit, exclude, or

  3  defer payments to certain classes of races, such as the

  4  Florida stallion stakes races, in order to assure that there

  5  are adequate revenues to meet the proposed uniform rate. Such

  6  plan must include proposals for the general promotion of the

  7  industry. Priority shall be placed upon imposing such

  8  restrictions in lieu of allowing the uniform rate to be less

  9  than 15 percent of the total purse payment.  The uniform rate

10  and procedure plan must be approved by the division before

11  implementation.  In the absence of an approved plan and

12  procedure, the authorized rate for breeders' and stallion

13  awards is 15 percent of the announced gross purse for each

14  race.  Such purse must include nomination fees, eligibility

15  fees, starting fees, supplementary fees, and moneys added by

16  the sponsor of the race. If the funds in the account for

17  payment of breeders' and stallion awards are not sufficient to

18  meet all earned breeders' and stallion awards, those breeders

19  and stallion owners not receiving payments have first call on

20  any subsequent receipts in that or any subsequent year.

21         (i)(h)  The Florida Thoroughbred Breeders' Association

22  shall keep accurate records showing receipts and disbursements

23  of such payments and shall annually file a full and complete

24  report to the division showing such receipts and disbursements

25  and the sums withheld for administration.  The division may

26  audit the records and accounts of the Florida Thoroughbred

27  Breeders' Association to determine that payments have been

28  made to eligible breeders and stallion owners in accordance

29  with this section.

30         (j)(i)  If the division finds that the Florida

31  Thoroughbred Breeders' Association has not complied with any

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  provision of this section, the division may order the

  2  association to cease and desist from receiving funds and

  3  administering funds received under this section.  If the

  4  division enters such an order, the permitholder shall make the

  5  payments authorized in this section to the division for

  6  deposit into the Pari-mutuel Wagering Trust Fund; and any

  7  funds in the Florida Thoroughbred Breeders' Association

  8  account shall be immediately paid to the Division of

  9  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering

10  Trust Fund.  The division shall authorize payment from these

11  funds to any breeder or stallion owner entitled to an award

12  that has not been previously paid by the Florida Thoroughbred

13  Breeders' Association in accordance with the applicable rate.

14         Section 28.  Paragraph (a) of subsection (6) of section

15  550.3551, Florida Statutes, is amended to read:

16         550.3551  Transmission of racing and jai alai

17  information; commingling of pari-mutuel pools.--

18         (6)(a)  A maximum of 20 percent of the total number of

19  races on which wagers are accepted by a greyhound permitholder

20  not located as specified in s. 550.615(6) may be received from

21  locations outside this state.  A permitholder may not conduct

22  fewer than eight live races or games on any authorized race

23  day except as provided in this subsection. A thoroughbred

24  permitholder may not conduct fewer than eight live races on

25  any race day without the written approval of the Florida

26  Thoroughbred Breeders' Association and the Florida Horsemen's

27  Benevolent and Protective Association, Inc., unless it is

28  determined by the department that another entity represents a

29  majority of the thoroughbred racehorse owners and trainers in

30  the state. horsemen's group representing the majority of

31  thoroughbred racehorse owners and trainers in this state.  A

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  harness permitholder may conduct fewer than eight live races

  2  on any authorized race day, except that such permitholder must

  3  conduct a full schedule of live racing during its race meet

  4  consisting of at least eight live races per authorized race

  5  day for at least 100 days.  Any harness horse permitholder

  6  that during the preceding racing season conducted a full

  7  schedule of live racing may, at any time during its current

  8  race meet, receive full-card broadcasts of harness horse races

  9  conducted at harness racetracks outside this state at the

10  harness track of the permitholder and accept wagers on such

11  harness races. With specific authorization from the division

12  for special racing events, a permitholder may conduct fewer

13  than eight live races or games when the permitholder also

14  broadcasts out-of-state races or games. The division may not

15  grant more than two such exceptions a year for a permitholder

16  in any 12-month period, and those two exceptions may not be

17  consecutive.

18         Section 29.  Subsections (1) and (4) of section

19  550.6308, Florida Statutes, are amended, and subsection (5) is

20  added to that section, to read:

21         550.6308  Limited intertrack wagering license.--In

22  recognition of the economic importance of the thoroughbred

23  breeding industry to this state, its positive impact on

24  tourism, and of the importance of a permanent thoroughbred

25  sales facility as a key focal point for the activities of the

26  industry, a limited license to conduct intertrack wagering is

27  established to ensure the continued viability and public

28  interest in thoroughbred breeding in Florida.

29         (1)  Upon application to the division on or before

30  January 31 of each year, any person that is licensed to

31  conduct public sales of thoroughbred horses pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  535.01, that has conducted at least 15 days of thoroughbred

  2  horse sales at a permanent sales facility in this state for at

  3  least 3 consecutive years, and that has conducted at least 1

  4  day of nonwagering thoroughbred racing in this state, with a

  5  purse structure of at least $250,000 per year for 2

  6  consecutive years before such application, shall be issued a

  7  license, subject to the conditions set forth in this section,

  8  to conduct intertrack wagering at such a permanent sales

  9  facility during the following periods: for thoroughbred racing

10  for

11         (a)  Up to 21 days in connection with thoroughbred

12  sales;, to conduct intertrack wagering at such permanent sales

13  facility

14         (b)  Between November 1 and May 8;, to conduct

15  intertrack wagering at such permanent sales facility

16         (c)  Between May 9 and October 31 at such times and on

17  such days as any thoroughbred, jai alai, or a greyhound

18  permitholder in the same county is not conducting live

19  performances; provided that any such permitholder may waive

20  this requirement, in whole or in part, and allow the licensee

21  under this section to conduct intertrack wagering during one

22  or more of the permitholder's live performances; and, and to

23  conduct intertrack wagering under the provisions of this

24  subsection

25         (d)  During the weekend of the Kentucky Derby, the

26  Preakness, the Belmont, and a Breeders' Cup Meet that is

27  conducted before November 1 and after May 8., subject to

28  conditions set forth in this section but

29

30  No more than one such license may be issued, and no such

31  license may be issued for a facility located within 50 miles

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  of any thoroughbred permitholder's track.

  2         (4)  Intertrack wagering under this section may be

  3  conducted only on thoroughbred horse racing, except that

  4  intertrack wagering may be conducted on any class of

  5  pari-mutuel race or game conducted by any class of

  6  permitholders licensed under this chapter if all thoroughbred,

  7  jai alai, and greyhound permitholders in the same county as

  8  the licensee under this section give their consent.

  9         (5)  The licensee shall be considered a guest track

10  under this chapter. The licensee shall pay 2.5 percent of the

11  total contributions to the daily pari-mutuel pool on wagers

12  accepted at the licensee's facility on greyhound races or jai

13  alai games to the thoroughbred permitholder that is conducting

14  live races for purses to be paid during its current racing

15  meet. If more than one thoroughbred permitholder is conducting

16  live races on a day during which the licensee is conducting

17  intertrack wagering on greyhound races or jai alai games, the

18  licensee shall allocate these funds between the operating

19  thoroughbred permitholders on a prorata basis based on the

20  total live handle at the operating permitholders' facilities.

21         Section 30.  Subsection (7) of section 773.01, Florida

22  Statutes, is amended to read:

23         773.01  Definitions.--As used in ss. 773.01-773.05:

24         (7)  "Participant" means any person, whether amateur or

25  professional, who engages in or any equine that participates

26  in an equine activity, whether or not a fee is paid to

27  participate in the equine activity.

28         Section 31.  Subsection (1) of section 773.03, Florida

29  Statutes, is amended to read:

30         773.03  Limitation on liability for equine activity;

31  exceptions.--

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         (1)  This section applies shall not apply to the

  2  horseracing industry as defined in chapter 550.

  3         Section 32.  Interstate Compact on Licensure of

  4  Participants in Pari-mutuel Wagering.--There is created the

  5  Interstate Compact on Licensure of Participants in Pari-mutuel

  6  Wagering.

  7         Section 33.  Purposes.--The purposes of this compact

  8  are to:

  9         (1)  Establish uniform requirements among the party

10  states for the licensing of participants with pari-mutuel

11  wagering, and ensure that all licensed participants meet a

12  uniform minimum standard of honesty and integrity.

13         (2)  Facilitate the growth of the pari-mutuel wagering

14  industry in each party state and nationwide by simplifying the

15  process for licensing participants in pari-mutuel wagering,

16  and reduce the duplicative and costly process of separate

17  licensing by the regulatory agency in each state that conducts

18  pari-mutuel wagering.

19         (3)  Authorize the Department of Business and

20  Professional Regulation to participate in this compact.

21         (4)  Provide for participation in this compact by

22  officials of the party states, and permit those officials,

23  through the compact committee established by this compact, to

24  enter into contracts with governmental agencies and

25  nongovernmental persons to carry out the purposes of this

26  compact.

27         (5)  Establish the compact committee created by this

28  compact as an interstate governmental entity duly authorized

29  to request and receive criminal-history record information

30  from the Federal Bureau of Investigation and other state and

31  local law enforcement agencies.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         Section 34.  Definitions.--As used in this compact, the

  2  term:

  3         (1)  "Compact committee" means the organization of

  4  officials from the party states which is authorized and

  5  empowered to carry out the purposes of this compact.

  6         (2)  "Official" means the appointed, elected,

  7  designated, or otherwise duly selected member of a racing

  8  commission, or the equivalent thereof, in a party state who

  9  represents that party state as a member of the compact

10  committee.

11         (3)  "Participants in pari-mutuel wagering" means

12  participants in horseracing, greyhound racing, and jai alai

13  games with pari-mutuel wagering in the party states.

14         (4)  "Party state" means each state that has enacted

15  this compact.

16         (5)  "State" means each of the several states of the

17  United States, the District of Columbia, the Commonwealth of

18  Puerto Rico, and each territory or possession of the United

19  States.

20         Section 35.  Entry into force.--This compact shall come

21  into force when enacted by any four states. Thereafter, this

22  compact shall become effective in any other state upon that

23  state's enactment of this compact and upon the affirmative

24  vote of a majority of the officials on the compact committee

25  as provided in section 41.

26         Section 36.  States eligible to join compact.--Any

27  state that has adopted or authorized pari-mutuel wagering

28  shall be eligible to become a party to this compact.

29         Section 37.  Withdrawal from compact; impact on force

30  and effect.--

31         (1)  Any party state may withdraw from this compact by

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  enacting a statute repealing this compact, but such a

  2  withdrawal becomes effective only when the head of the

  3  executive branch of the withdrawing party state has given

  4  written notice of the withdrawal to the heads of the executive

  5  branch of all other party states.

  6         (2)  If, as a result of withdrawals, participation in

  7  this compact decreases to fewer than three party states, this

  8  compact shall no longer be in force and effect until

  9  participation in this compact increases to three or more party

10  states.

11         Section 38.  Compact committee.--

12         (1)  There is created an interstate governmental entity

13  to be known as the "compact committee," which shall be

14  composed of one official from the racing commission, or the

15  equivalent thereof, in each party state who shall be

16  appointed, serve, and be subject to removal in accordance with

17  the laws of the party state that she or he represents.  The

18  official from Florida shall be appointed by the Secretary of

19  Business and Professional Regulation. Pursuant to the laws of

20  her or his party state, each official shall have the

21  assistance of her or his state's racing commission, or the

22  equivalent thereof, in considering issues related to licensing

23  of participants in pari-mutuel wagering and in fulfilling her

24  or his responsibilities as the representative from her or his

25  state to the compact committee.

26         (2)  If an official is unable to perform any of her or

27  his duties as a member of the compact committee, the racing

28  commission, or the equivalent thereof, from her or his state

29  shall designate another of its members as an alternate who

30  shall serve in her or his place and represent the party state

31  as its official on the compact committee, until that racing

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  commission, or the equivalent thereof, determines that the

  2  original representative official is once again able to perform

  3  her or his duties as that party state's representative

  4  official on the compact committee. The designation of an

  5  alternate shall be communicated by the affected state's racing

  6  commission, or the equivalent thereof, to the compact

  7  committee as the committee's bylaws provide.

  8         Section 39.  Powers and duties of compact

  9  committee.--In order to carry out the purposes of this

10  compact, the compact committee has the power and duty to:

11         (1)(a)  Determine which categories of participants in

12  pari-mutuel wagering, including, but not limited to, owners,

13  trainers, jockeys, jai alai players, drivers, grooms, mutuel

14  clerks, racing officials, veterinarians, and farriers, should

15  be licensed by the committee, and to establish the

16  requirements for the initial licensure of applicants in each

17  category, the term of the license for each category, and the

18  requirements for renewal of licenses in each category.

19         (b)  With regard to requests for criminal-history

20  record information on each applicant for a license, and with

21  regard to the effect of a criminal record on the issuance or

22  renewal of a license, determine for each category of

23  participants in pari-mutuel wagering which licensure

24  requirements for that category are, in its judgment, the

25  most-restrictive licensure requirements of any party state for

26  that category and to adopt licensure requirements for that

27  category which are, in its judgment, comparable to those

28  most-restrictive requirements.

29         (2)  Investigate applicants for licensure by the

30  compact committee and, as permitted by federal and state law,

31  gather information on such applicants, including

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  criminal-history record information from the Federal Bureau of

  2  Investigation and relevant state and local law enforcement

  3  agencies, and, where appropriate, from the Royal Canadian

  4  Mounted Police and law enforcement agencies of other

  5  countries, which is necessary to determine whether a license

  6  should be issued under the licensure requirements established

  7  by the committee under subsection (1). The fingerprints of

  8  each applicant for licensure by the compact committee shall be

  9  taken by the compact committee, its employees, or its

10  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.

11  100-413, shall be forwarded to a state identification bureau

12  or to the Association of Racing Commissioners International,

13  Inc., for submission to the Federal Bureau of Investigation

14  for a criminal-history record check. Such fingerprints may be

15  submitted on a fingerprint card or by electronic or other

16  means authorized by the Federal Bureau of Investigation or

17  other receiving law enforcement agency.

18         (3)  Issue licenses to, and renew the licenses of,

19  participants in pari-mutuel wagering who are found by the

20  committee to have met the licensure and renewal requirements

21  established by the committee under subsection (1). The compact

22  committee shall not have the power or authority to deny a

23  license.  If the compact committee determines that an

24  applicant is not eligible for the issuance or renewal of a

25  compact committee license, the compact committee shall notify

26  the applicant that her or his application will not be

27  processed further. Such notification does not constitute and

28  shall not be considered to be the denial of a license. Any

29  such applicant shall have the right to present additional

30  evidence to, and be heard by, the compact committee, but the

31  final decision on issuance or renewal of the license shall be

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  made by the compact committee using the requirements

  2  established under subsection (1).

  3         (4)  Enter into contracts or agreements with

  4  governmental agencies and nongovernmental persons to provide

  5  personal services for its activities and such other services

  6  as are necessary to effectuate the purposes of this compact.

  7         (5)  Create, appoint, and abolish those offices,

  8  employments, and positions, including that of executive

  9  director, that it considers necessary for the purposes of this

10  compact; prescribe the powers, duties, and qualifications of,

11  and hire persons to fill, such offices, employments, and

12  positions; and provide for the removal, term, tenure,

13  compensation, fringe benefits, retirement benefits, and other

14  conditions of employment of persons filling such offices,

15  employments, and positions.

16         (6)  Borrow, accept, or contract for the services of

17  personnel from any state, the United States, or any other

18  governmental agency, or from any person, firm, association,

19  corporation, or other entity.

20         (7)  Acquire, hold, and dispose of real and personal

21  property by gift, purchase, lease, or license, or in other

22  similar manner, in furtherance of the purposes of this

23  compact.

24         (8)  Charge a fee to each applicant for an initial

25  license or renewal of a license.

26         (9)  Receive other funds through gifts, grants, and

27  appropriations.

28         Section 40.  Voting requirements.--

29         (1)  Each member of the compact committee is entitled

30  to one vote.

31         (2)  All action taken by the compact committee with

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  regard to the addition of party states, the licensure of

  2  participants in pari-mutuel wagering, and the receipt and

  3  disbursement of funds requires a majority vote of the members

  4  of the compact committee or their alternates. All other action

  5  by the compact committee requires a majority vote of the

  6  members present or their alternates.

  7         (3)  The compact committee may not take any action

  8  unless a quorum is present. A majority of the members of the

  9  compact committee or their alternates constitutes a quorum.

10         Section 41.  Administration and management.--

11         (1)  The compact committee shall elect annually from

12  among its members a chairperson, a vice chairperson, and a

13  secretary/treasurer.

14         (2)  The compact committee shall adopt bylaws for the

15  conduct of its business by a two-thirds vote of the members of

16  the committee or their alternates and may, by the same vote,

17  amend and rescind these bylaws. The compact committee shall

18  publish its bylaws in convenient form and shall file a copy

19  thereof and a copy of any amendments thereto with the

20  Secretary of State or equivalent agency of each of the party

21  states.

22         (3)  The compact committee may delegate the day-to-day

23  management and administration of its duties and

24  responsibilities to an executive director and her or his

25  support staff.

26         (4)  Employees of the compact committee shall be

27  considered governmental employees.

28         Section 42.  Immunity from liability for performance of

29  official responsibilities and duties.--A member or employee of

30  the compact committee may not be held personally liable for

31  any good-faith act or omission that occurs during the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  performance and within the scope of her or his

  2  responsibilities and duties under this compact.

  3         Section 43.  Rights and responsibilities of each party

  4  state.--

  5         (1)  By enacting this compact, each party state:

  6         (a)  Agrees to:

  7         1.  Accept the decisions of the compact committee

  8  regarding the issuance of compact committee licenses to

  9  participants in pari-mutuel wagering pursuant to the

10  committee's licensure requirements.

11         2.  Reimburse or otherwise pay the expenses of its

12  official representative on the compact committee or her or his

13  alternate.

14         (b)  Agrees not to treat a notification to an applicant

15  by the compact committee described in subsection (3) of

16  section 42 as the denial of a license, or to penalize such an

17  applicant in any other way based solely on such a decision by

18  the compact committee.

19         (c)  Reserves the right to:

20         1.  Apply its own standards in determining whether, on

21  the facts of a particular case, a compact committee license

22  should be suspended or revoked. Any party state that suspends

23  or revokes a compact committee license shall, through its

24  racing commission or the equivalent thereof, or otherwise,

25  promptly notify the compact committee of that suspension or

26  revocation.

27         2.  Apply its own standards in determining licensure

28  eligibility, under the laws of that party state, for

29  categories of participants in pari-mutuel wagering which the

30  compact committee decides not to license and for individual

31  participants in pari-mutuel wagering who do not meet the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  licensure requirements of the compact committee.

  2         3.  Establish its own licensure standards for those who

  3  are not covered by the compact committee license.

  4         (2)  A party state may not be held liable for the debts

  5  or other financial obligations incurred by the compact

  6  committee.

  7         Section 44.  Construction and severability.--

  8         (1)  This compact shall be liberally construed so as to

  9  effectuate its purposes. The provisions of this compact shall

10  be severable, and, if any phrase, clause, sentence, or

11  provision of this compact is declared to be contrary to the

12  Constitution of the United States or of any party state, or if

13  the applicability of this compact to any government, agency,

14  person, or circumstance is held invalid, the validity of the

15  remainder of this compact and the applicability thereof to any

16  government, agency, person, or circumstance shall not be

17  affected thereby.

18         (2)  If all or some portion of this compact is held to

19  be contrary to the constitution of any party state, the

20  compact shall remain in full force and effect as to the

21  remaining party states and in full force and effect as to the

22  state affected as to all severable matters.

23         Section 45.  Subsection (9) of section 550.615, Florida

24  Statutes, is repealed.

25         Section 46.  All money or other property represented by

26  any unclaimed, uncashed, or abandoned pari-mutuel ticket that

27  has remained in the custody of or under the control of any

28  permitholder authorized to conduct jai alai pari-mutuel pools

29  in this state for a period of 1 year after the date the

30  pari-mutuel ticket was issued, if the rightful owners thereof

31  have made no claim or demand for such money or other property

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1  within that period of time, shall, with respect to live games

  2  conducted by the permitholder, be remitted to the state

  3  pursuant to s. 550.1645; however, such permitholder shall be

  4  entitled to a credit in each state fiscal year in an amount

  5  equal to 25 percent of the actual amount remitted in the prior

  6  state fiscal year which may be applied against any taxes

  7  imposed under this chapter. Funds equal to such credit from

  8  any live jai alai games shall be paid by the permitholder to

  9  the National Association of Jai Alai Frontons, to be used for

10  the general promotion of the sport of jai alai in the state,

11  including professional tournaments and amateur jai alai youth

12  programs. These youth programs shall focus on benefiting

13  children in after-school and anti-drug programs with special

14  attention to inner-city areas.

15         Section 47.  Except as otherwise expressly provided in

16  this act, this 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         On page 72, line 24, through

22            page 77, line 30, delete those lines

23

24  and insert:

25                      A bill to be entitled

26         An act relating to regulated industries;

27         amending s. 561.501, F.S.; reducing the

28         surcharges on liquor, wine, cider, and beer

29         sold for consumption on the premises; providing

30         an exemption from the surcharge to certain

31         nonprofit organizations; amending s. 561.121,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         F.S.; increasing the portion of the surcharge

  2         which is transferred to the Children and

  3         Adolescents Substance Abuse Trust Fund;

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

  5         distribution of sales and use tax revenues to

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

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

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

  9         eliminating the annual distribution of

10         pari-mutuel tax revenues to county governments;

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

12         daily license fee tax credit provided by said

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

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

15         may be applied to any tax and daily license

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

17         restrictions on the transfer of the daily

18         license fee tax credit by greyhound

19         permitholders; authorizing transfer of the

20         $360,000 or $500,000 tax exemption by a

21         greyhound permitholder to a greyhound

22         permitholder that acts as host track to such

23         permitholder for intertrack wagering; providing

24         for repayment; providing for rules; reducing

25         the taxes on handle for greyhound dogracing,

26         for intertrack wagering when the host track is

27         a dog track, for intertrack wagers accepted by

28         certain dog tracks, for intertrack wagers when

29         both the host and guest are thoroughbred tracks

30         or other guest tracks within the market area;

31         providing exceptions; removing the additional

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         tax on the surcharge on winning tickets;

  2         providing a reduced tax rate to live handle on

  3         jai alai; redirecting deposits from the General

  4         Revenue Fund to the Pari-mutuel Wagering Trust

  5         Fund; revising the time period for remittance

  6         of certain fees and taxes; forgiving certain

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

  8         application and administration of the $360,000

  9         or $500,000 tax exemption provided by said

10         section; providing for payment of additional

11         purses by greyhound permitholders in an amount

12         equal to a percentage of the tax reduction

13         resulting from the reduction of the taxes on

14         handle; providing requirements with respect

15         thereto; providing for audits; amending s.

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

17         for thoroughbred performances; removing a

18         penalty for operating in more than one

19         facility; redirecting deposits from the General

20         Revenue Fund to the Pari-mutuel Wagering Trust

21         Fund; providing a credit against taxes on live

22         handle equal to a percentage of the tax paid in

23         prior year; providing for contributions for the

24         health and welfare of jockeys; amending s.

25         550.1645, F.S., to conform; creating s.

26         550.1647, F.S.; providing for payments and

27         credits concerning unclaimed pari-mutuel

28         tickets by greyhound permitholders; amending s.

29         550.615, F.S., relating to intertrack wagering

30         and leased greyhound facilities; authorizing

31         certain permitholders to conduct intertrack

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         wagering at certain additional facilities;

  2         amending s. 550.0555, F.S.; providing

  3         legislative intent; providing for the

  4         relocation of jai alai permittees within a

  5         county in the same manner as is currently

  6         provided for the relocation of greyhound

  7         dogracing permittees within a county; providing

  8         that relocation of permittees be consistent

  9         with local government comprehensive plan;

10         amending s. 550.09512, F.S.; reducing the tax

11         on handle for live harness performances;

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

13         leasing of jai alai facilities; amending s.

14         550.625, F.S.; increasing the percentage of

15         purses for thoroughbred and quarter horse

16         racing; amending s. 550.155, F.S.; requiring

17         counties to approve certain capital

18         improvements by permitholders in certain

19         situations; amending s. 550.26352, F.S.,

20         relating to the Breeders' Cup Meet; increasing

21         the amount of certain tax credits allowed to

22         permitholders; deleting certain limitations on

23         broadcasts to pari-mutuel facilities;

24         authorizing the Division of Pari-mutuel

25         Wagering of the Department of Business and

26         Professional Regulation to waive certain rules;

27         amending s. 550.6305, F.S.; conforming

28         cross-references; amending s. 550.002, F.S.;

29         substituting the term "same class of races,

30         games, or permit" for the term "same class of

31         race or permit"; amending s. 550.0251, F.S.;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         providing for the Division of Pari-mutuel

  2         Wagering to adopt rules for wagering through a

  3         pari-mutuel wagering pool; amending s.

  4         550.0351, F.S.; increasing the number of

  5         charity performances per fiscal year which a

  6         jai alai permitholder may conduct; amending s.

  7         550.105, F.S.; revising provisions relating to

  8         licenses for persons or entities with access to

  9         certain areas of racetracks and frontons;

10         amending s. 550.24055, F.S.; amending standards

11         used in testing certain licensees to determine

12         whether they have abused alcoholic beverages;

13         amending s. 563.06, F.S.; removing current

14         restrictions on containers under a specified

15         size; amending s. 550.26165, F.S.; providing

16         for breeders' awards and stallion awards;

17         providing for certain moneys to be returned to

18         the permitholders that generated the money, in

19         accordance with a plan to be established

20         annually by specified entities; providing an

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

22         minimum purse requirements for thoroughbred and

23         harness horse racing permitholders; amending

24         criteria for the payment of breeders' awards

25         and stallion awards; amending s. 550.3551,

26         F.S.; requiring the written approval of the

27         Florida Horsemen's Benevolent and Protective

28         Association, Inc., before a thoroughbred

29         permitholder may conduct fewer than eight live

30         races on any race day; amending s. 550.6308,

31         F.S.; amending provisions relating to limited

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         intertrack wagering licenses; expanding the

  2         types of pari-mutuel races or games on which

  3         intertrack wagering may be conducted, subject

  4         to certain conditions; requiring a licensee to

  5         pay a specified amount to the daily pari-mutuel

  6         pool on certain wagers to thoroughbred

  7         permitholders conducting live races; amending

  8         s. 773.01, F.S.; amending the definition of the

  9         term "participant" as used in ss.

10         773.01-773.05, F.S.; amending ss. 773.03, F.S.,

11         relating to limitation on liability for equine

12         activity; providing that the section does apply

13         to the horseracing industry as defined in ch.

14         550, F.S.; creating the Interstate Compact on

15         Licensure of Participants in Pari-mutuel

16         Wagering; providing purposes of the compact;

17         providing definitions; providing for the

18         effective date of the compact; providing

19         criteria for eligibility to join the compact;

20         providing procedures for withdrawing from the

21         compact; creating an interstate governmental

22         entity to be known as the compact committee;

23         providing the powers and duties of the compact

24         committee; providing voting requirements for

25         the committee; providing for the administration

26         and management of the committee; providing that

27         committee employees are governmental employees;

28         providing immunity from liability for

29         performance of official responsibilities and

30         duties of the compact committee; providing

31         rights and responsibilities of each state that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 770 & SB 286

    Amendment No. ___





  1         is a party to the compact; providing for

  2         construction and severability of provisions of

  3         the compact; repealing s. 550.615(9), F.S.,

  4         relating to limited intertrack wagering

  5         license; providing a credit for jai alai

  6         permitholders; providing effective dates.

  7

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10

11

12

13

14

15

16

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18

19

20

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22

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31

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