Senate Bill 0770er

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  2         An act relating to regulated industries;

  3         amending s. 561.501, F.S.; reducing the

  4         surcharges on liquor, wine, cider, and beer

  5         sold for consumption on the premises; providing

  6         an exemption from the surcharge to certain

  7         nonprofit organizations; amending s. 561.121,

  8         F.S.; increasing the portion of the surcharge

  9         which is transferred to the Children and

10         Adolescents Substance Abuse Trust Fund;

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

12         distribution of sales and use tax revenues to

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

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

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

16         eliminating the annual distribution of

17         pari-mutuel tax revenues to county governments;

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

19         daily license fee tax credit provided by said

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

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

22         may be applied to any tax and daily license

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

24         restrictions on the transfer of the daily

25         license fee tax credit by greyhound

26         permitholders; authorizing transfer of the

27         $360,000 or $500,000 tax exemption by a

28         greyhound permitholder to a greyhound

29         permitholder that acts as host track to such

30         permitholder for intertrack wagering; providing

31         for repayment; providing for rules; reducing


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  1         the taxes on handle for greyhound dogracing,

  2         for intertrack wagering when the host track is

  3         a dog track, for intertrack wagers accepted by

  4         certain dog tracks, for intertrack wagers when

  5         both the host and guest are thoroughbred tracks

  6         or other guest tracks within the market area;

  7         providing exceptions; removing the additional

  8         tax on the surcharge on winning tickets;

  9         providing a reduced tax rate to live handle on

10         jai alai; redirecting deposits from the General

11         Revenue Fund to the Pari-mutuel Wagering Trust

12         Fund; revising the time period for remittance

13         of certain fees and taxes; forgiving certain

14         taxes; amending s. 550.09514, F.S.; revising

15         application and administration of the $360,000

16         or $500,000 tax exemption provided by said

17         section; providing for payment of additional

18         purses by greyhound permitholders in an amount

19         equal to a percentage of the tax reduction

20         resulting from the reduction of the taxes on

21         handle; providing requirements with respect

22         thereto; providing for audits; amending s.

23         550.09515, F.S.; modifying the tax on handle

24         for thoroughbred performances; removing a

25         penalty for operating in more than one

26         facility; redirecting deposits from the General

27         Revenue Fund to the Pari-mutuel Wagering Trust

28         Fund; providing a credit against taxes on live

29         handle equal to a percentage of the tax paid in

30         prior year; providing for contributions for the

31         health and welfare of jockeys; amending s.


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  1         550.1645, F.S., to conform; creating s.

  2         550.1647, F.S.; providing for payments and

  3         credits concerning unclaimed pari-mutuel

  4         tickets by greyhound permitholders; amending s.

  5         550.615, F.S., relating to intertrack wagering

  6         and leased greyhound facilities; authorizing

  7         certain permitholders to conduct intertrack

  8         wagering at certain additional facilities;

  9         amending s. 550.0555, F.S.; providing

10         legislative intent; providing for the

11         relocation of jai alai permittees within a

12         county in the same manner as is currently

13         provided for the relocation of greyhound

14         dogracing permittees within a county; providing

15         that relocation of permittees be consistent

16         with local government comprehensive plan;

17         amending s. 550.09512, F.S.; reducing the tax

18         on handle for live harness performances;

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

20         leasing of jai alai facilities; amending s.

21         550.625, F.S.; increasing the percentage of

22         purses for thoroughbred and quarter horse

23         racing; amending s. 550.155, F.S.; requiring

24         counties to approve certain capital

25         improvements by permitholders in certain

26         situations; amending s. 550.26352, F.S.,

27         relating to the Breeders' Cup Meet; increasing

28         the amount of certain tax credits allowed to

29         permitholders; deleting certain limitations on

30         broadcasts to pari-mutuel facilities;

31         authorizing the Division of Pari-mutuel


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  1         Wagering of the Department of Business and

  2         Professional Regulation to waive certain rules;

  3         amending s. 550.6305, F.S.; conforming

  4         cross-references; amending s. 550.002, F.S.;

  5         substituting the term "same class of races,

  6         games, or permit" for the term "same class of

  7         race or permit"; amending s. 550.0251, F.S.;

  8         providing for the Division of Pari-mutuel

  9         Wagering to adopt rules for wagering through a

10         pari-mutuel wagering pool; amending s.

11         550.0351, F.S.; increasing the number of

12         charity performances per fiscal year which a

13         jai alai permitholder may conduct; amending s.

14         550.105, F.S.; revising provisions relating to

15         licenses for persons or entities with access to

16         certain areas of racetracks and frontons;

17         amending s. 550.24055, F.S.; amending standards

18         used in testing certain licensees to determine

19         whether they have abused alcoholic beverages;

20         amending s. 550.26165, F.S.; providing for

21         breeders' awards and stallion awards; providing

22         for certain moneys to be returned to the

23         permitholders that generated the money, in

24         accordance with a plan to be established

25         annually by specified entities; providing an

26         exception; amending s. 550.2625, F.S.; amending

27         minimum purse requirements for thoroughbred and

28         harness horse racing permitholders; amending

29         criteria for the payment of breeders' awards

30         and stallion awards; amending s. 550.3551,

31         F.S.; requiring the written approval of the


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  1         Florida Horsemen's Benevolent and Protective

  2         Association, Inc., before a thoroughbred

  3         permitholder may conduct fewer than eight live

  4         races on any race day; amending s. 550.6308,

  5         F.S.; amending provisions relating to limited

  6         intertrack wagering licenses; expanding the

  7         types of pari-mutuel races or games on which

  8         intertrack wagering may be conducted, subject

  9         to certain conditions; requiring a licensee to

10         pay a specified amount to the daily pari-mutuel

11         pool on certain wagers to thoroughbred

12         permitholders conducting live races; amending

13         s. 773.01, F.S.; amending the definition of the

14         term "participant" as used in ss.

15         773.01-773.05, F.S.; amending ss. 773.03, F.S.,

16         relating to limitation on liability for equine

17         activity; providing that the section does apply

18         to the horseracing industry as defined in ch.

19         550, F.S.; creating the Interstate Compact on

20         Licensure of Participants in Pari-mutuel

21         Wagering; providing purposes of the compact;

22         providing definitions; providing for the

23         effective date of the compact; providing

24         criteria for eligibility to join the compact;

25         providing procedures for withdrawing from the

26         compact; creating an interstate governmental

27         entity to be known as the compact committee;

28         providing the powers and duties of the compact

29         committee; providing voting requirements for

30         the committee; providing for the administration

31         and management of the committee; providing that


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  1         committee employees are governmental employees;

  2         providing immunity from liability for

  3         performance of official responsibilities and

  4         duties of the compact committee; providing

  5         rights and responsibilities of each state that

  6         is a party to the compact; providing for

  7         construction and severability of provisions of

  8         the compact; repealing s. 550.615(9), F.S.,

  9         relating to limited intertrack wagering

10         license; providing a credit for jai alai

11         permitholders; providing effective dates.

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

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

16  Statutes, is amended to read:

17         561.501  Surcharge on sale of alcoholic beverages for

18  consumption on the premises; penalty.--

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

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

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

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

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

24  ounces of beer sold at retail for consumption on premises

25  licensed by the division as an alcoholic beverage vendor.

26  However, the surcharges imposed under this subsection need not

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

28  organization that is licensed by the division under s.

29  565.02(4) or s. 561.422 as an alcoholic beverage vendor and

30  that is determined by the Internal Revenue Service to be

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


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  1  (4), (5), (6), (7), (8), or (19) of the Internal Revenue Code

  2  of 1986, as amended.

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

  4  Statutes, is amended to read:

  5         561.121  Deposit of revenue.--

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

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

  8  accounts:

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

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

11  beverages for consumption on premises shall be transferred to

12  the Children and Adolescents Substance Abuse Trust Fund, which

13  shall remain with the Department of Children and Family

14  Services for the purpose of funding programs directed at

15  reducing and eliminating substance abuse problems among

16  children and adolescents.

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

18  the General Revenue Fund.

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

20  Statutes, is amended to read:

21         212.20  Funds collected, disposition; additional powers

22  of department; operational expense; refund of taxes

23  adjudicated unconstitutionally collected.--

24         (6)  Distribution of all proceeds under this chapter

25  shall be as follows:

26         (a)  Proceeds from the convention development taxes

27  authorized under s. 212.0305 shall be reallocated to the

28  Convention Development Tax Clearing Trust Fund.

29         (b)  Proceeds from discretionary sales surtaxes imposed

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

31  the Discretionary Sales Surtax Clearing Trust Fund.


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

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

  3  Tax Clearing Trust Fund.

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

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

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

  7  department, and shall be subsequently transferred to the State

  8  Treasurer to be deposited into the Solid Waste Management

  9  Trust Fund.

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

11  212.05(1)(i)3. and 212.18(3) shall remain with the General

12  Revenue Fund.

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

14  pursuant to this chapter shall be distributed as follows:

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

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

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

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

19  deposited in monthly installments into the General Revenue

20  Fund.

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

22  the Solid Waste Management Trust Fund.

23         3.  After the distribution under subparagraphs 1. and

24  2., 9.653 percent of the amount remitted by a sales tax dealer

25  located within a participating county pursuant to s. 218.61

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

27  Tax Clearing Trust Fund.

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

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

30  Government Half-cent Sales Tax Clearing Trust Fund and

31  distributed pursuant to s. 218.65.


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  1         5.  Of the remaining proceeds:

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

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

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

  5  part shall be distributed to each county.  The distribution

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

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

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

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

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

11  district school board, special district, or a municipal

12  government, such payment shall continue until such time that

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

14  covenants with holders of bonds or other instruments of

15  indebtedness issued by local governments, special districts,

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

17  not the intent of this subparagraph to adversely affect the

18  rights of those holders or relieve local governments, special

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

20  obligations as a result of previous pledges or assignments or

21  trusts entered into which obligated funds received from the

22  distribution to county governments under then-existing s.

23  550.135.  This distribution specifically is in lieu of funds

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

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

26  distributed monthly by the department to each applicant that

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

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

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

30  distributed monthly by the department to each applicant that

31  has been certified as a "new spring training franchise


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

  2  60 days following such certification and shall continue for 30

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

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

  5  distributions than actually expended by the applicant for the

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

  7  certified applicant shall receive distributions up to the

  8  maximum amount allowable and undistributed under this section

  9  for additional renovations and improvements to the facility

10  for the franchise without additional certification.

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

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

13  Revenue that an applicant has been certified as the

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

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

16  up to 300 months, to the applicant.

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

18  of Commerce to the Department of Revenue that the applicant

19  has been certified as the International Game Fish Association

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

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

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

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

24         6.  All other proceeds shall remain with the General

25  Revenue Fund.

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

27  repealed.

28         Section 5.  Section 550.135, Florida Statutes, is

29  amended to read:

30         550.135  Division of moneys derived under this

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


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

  2  distributed as follows in the following proportions, in the

  3  manner and at the times specified in this section:

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

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

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

  7  any excess of such moneys after the distributions to the

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

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

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

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

12  deficiency if the deficiency does not exceed the deposits of

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

14  that fiscal year.

15         (2)  The distribution among the several counties

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

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

18  4 months.  If during the fiscal year the sums available for

19  distribution to the counties is not sufficient to make the

20  scheduled distributions, the division shall immediately

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

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

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

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

25  the maximum sum to be distributed, the division shall

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

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

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

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

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

31


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

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

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

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

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

  6  the operation of the office of the secretary and the Division

  7  of Administration of the Department of Business and

  8  Professional Regulation; however, other collections in the

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

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

11  operation of the division in accordance with authorized

12  appropriations.

13         (2)(4)  After payments to the counties have been

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

15  unappropriated funds in excess of $3.5 million in the

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

17  Treasurer to the credit of the General Revenue Fund as

18  provided in subsection (1).

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

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

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

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

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

24  directly to the district school board.

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

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

27  are amended to read:

28         550.0951  Payment of daily license fee and taxes.--

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

30  business of conducting race meetings or jai alai games under

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


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

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

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

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

  5  racetrack or fronton licensed under this chapter.  Effective

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

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

  8  permitholder per state fiscal year, each greyhound

  9  permitholder shall receive in the current state fiscal year a

10  tax credit equal to the number of live greyhound races

11  conducted in the previous state fiscal year times the daily

12  license fee specified for each dograce in this subsection

13  applicable for the previous state fiscal year.  This tax

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

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

16  license fees imposed by this chapter on live handle under

17  subsection (3) except during any charity or scholarship

18  performances conducted pursuant to s. 550.0351. Effective

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

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

21  games on which such permitholder accepts wagers regardless of

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

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

24  license fee shall be deposited with the Treasurer to the

25  credit of the Pari-mutuel Wagering Trust Fund.

26         (b)  Each permitholder that authorized a maximum tax

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

28  550.09514(1) or the greyhound permitholder that had the lowest

29  live handle during the preceding state fiscal year, which

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

31  $500,000 provided in s. 550.09514(1) or the daily license fee


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

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

  3  form provided by the division to transfer such exemption or

  4  credit or any portion thereof to any greyhound permitholder

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

  6  purpose of intertrack wagering. Once an election to transfer

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

  8  not be rescinded. The division shall disapprove the credit

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

10  thereof is unavailable to the transferring permitholder or

11  when the permitholder, who is entitled to transfer the

12  exemption or credit or who is entitled to receive the

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

14  deficiency letter or administrative complaint issued by the

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

16  transferred tax exemption or credit shall be effective for the

17  first performance of the next biweekly pay period as specified

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

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

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

21  license fees imposed by this chapter on live racing as

22  provided in this subsection. The greyhound permitholder host

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

24  transferred shall reimburse such permitholder the exact

25  monetary value of such transferred exemption or credit as

26  actually applied against the taxes and daily license fees of

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

28  of exemption or credit are made in accordance with this

29  subsection and shall have the authority to adopt rules to

30  ensure the implementation of this section.

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

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

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

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

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

  6  conducted during the daily performance.  If a permitholder

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

  8  on each performance separately.

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

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

11  percent of the handle.

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

13  percent of the handle, except that for live charity

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

15  wagering on such charity performances at a guest greyhound

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

17  percent of the handle. and

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

19  the handle.

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

21  3.3 percent of the handle if the host track is a horse track,

22  3.3 percent if the host track is a harness track, 5.5 7.6

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

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

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

26  guest track are thoroughbred permitholders or if the guest

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

28  within the market area of a throughbred permitholder currently

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

30  wagering on rebroadcasts of simulcast thoroughbred horseraces

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


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  1  intertrack wagering on rebroadcasts of simulcast harness

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

  3  Wagering Trust General Revenue Fund.

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

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

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

  7  of which are greyhound permitholders, located in three

  8  contiguous counties, from any greyhound permitholder also

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

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

11  games received from the same class of permitholder located

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

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

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

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

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

17  permitholder during the current state fiscal year exceeds the

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

19  permitholder during the 1992-1993 state fiscal year.

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

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

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

23  Any taxes so imposed shall be deposited into the General

24  Revenue Fund.

25         (d)  Notwithstanding any other provision of this

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

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

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

29         (5)  PAYMENT AND DISPOSITION OF FEES AND

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

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


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  1  division. The division shall deposit these sums with the

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

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

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

  5  permitholder shall remit to the division payment for the daily

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

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

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

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

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

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

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

13  5th day of each calendar month for all taxes remitted during

14  the preceding calendar month.  Such payments shall be

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

16  admissions, the pari-mutuel wagering activities for the

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

18  prescribed by the division.

19         (6)  PENALTIES.--

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

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

22  permitholder to make payments of the daily license fee,

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

24  constitutes sufficient grounds for the division to suspend or

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

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

27  license or permit to the permitholder.

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

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

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

31


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  1  forgiven, and the Department of Business and Professional

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

  3         Section 8.  Section 550.09514, Florida Statutes, is

  4  amended to read:

  5         550.09514  Greyhound dogracing taxes; purse

  6  requirements.--

  7         (1)  Notwithstanding the provisions of s.

  8  550.0951(3)(b), Wagering on greyhound racing is subject to a

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

10  550.0951(3) at the rate of 7.6 percent of handle. However,

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

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

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

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

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

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

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

18  beginning the day after the biweekly period in which the

19  permitholder reaches the maximum tax savings per state fiscal

20  year provided in this section.  For the three permitholders

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

22  and are closest to another state that which authorizes

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

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

25  subsection relating to tax exemptions shall not apply to any

26  charity or scholarship performances conducted pursuant to s.

27  550.0351.

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

29  permitholder the annual purse percentage rate of live handle

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

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


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

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

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

  4  races conducted during its current race meet a percentage of

  5  its live handle not less than the percentage determined under

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

  7  for its 1993-1994 state fiscal year.

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

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

10  each permitholder shall pay as purses, for fiscal year

11  1996-1997, an amount equal to 75 percent of the permitholder's

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

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

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

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

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

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

18  purse supplement shall be disbursed weekly during the

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

20  the annual purse supplement by the number of performances

21  approved for the permitholder pursuant to its annual license

22  and multiplying that amount by the number of performances

23  conducted each week. For the greyhound permitholders in the

24  county where there are two greyhound permitholders located as

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

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

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

28  fiscal year. These permitholders shall be jointly and

29  severally liable for such purse payments.

30

31


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  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


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  1  fiscal year. The division shall require sufficient

  2  documentation from each greyhound permitholder to assure that

  3  the purses paid by each permitholder on the greyhound

  4  intertrack and simulcast broadcasts are in compliance with the

  5  requirements of paragraph (c).

  6         (e)  In addition to the purse requirements of

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

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

  9  reduction on live and simulcast handle applicable to such

10  permitholder as a result of the reductions in tax rates

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

12  With respect to intertrack wagering when the host and guest

13  tracks are greyhound permitholders not within the same market

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

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

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

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

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

19  the guest track is a greyhound permitholder within the market

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

21  permitholder, an amount equal to such tax reduction applicable

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

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

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

25  received if the permitholder conducts at least one live

26  performance during that week. If the permitholder does not

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

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

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

30  an amount determined by dividing the purse amount by the

31  number of performances approved for the permitholder pursuant


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

  2  number of performances conducted each week. The division shall

  3  conduct audits necessary to ensure compliance with this

  4  paragraph.

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

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

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

  8  purses paid on live greyhound races and all greyhound

  9  intertrack and simulcast broadcasts, including both as a guest

10  and a host together with the handle or commission calculations

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

12  sending the simulcast or intertrack broadcasts, so that the

13  kennel operators may determine statutory and contractual

14  compliance.

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

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

17  such permitholder appropriate federal taxpayer identification

18  information based on the percentage amount agreed upon between

19  the kennel operator and the greyhound owner.

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

21  operators under contract with a greyhound permitholder, the

22  permitholder shall make deductions from purses paid to each

23  kennel operator electing such deduction and shall make a

24  direct payment of such deductions to the local association of

25  greyhound kennel operators formed by a majority of kennel

26  operators under contract with the permitholder. The amount of

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

28  determined by the local association of greyhound kennel

29  operators. No deductions may be taken pursuant to this

30  paragraph without a kennel operator's specific approval before

31  or after the effective date of this act.


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  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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  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,


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  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


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  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.--


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  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:

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  1         550.1647  Greyhound permitholders; unclaimed tickets;

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

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

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

  5  permitholder authorized to conduct greyhound racing

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

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

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

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

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

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

12  permitholder shall be entitled to a credit in each state

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

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

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

16  permitholder shall pay, from any source, including the

17  proceeds from performances conducted pursuant to s. 550.0351,

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

19  provided by this section to any bonafide organization that

20  promotes or encourages the adoption of greyhounds.

21         Section 13.  Section 550.615, Florida Statutes, is

22  amended to read:

23         550.615  Intertrack wagering.--

24         (1)  Any horserace permitholder licensed under this

25  chapter which has conducted a full schedule of live racing

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

27  wagers on horseraces conducted by horserace permitholders

28  licensed under this chapter at its facility.

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

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

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


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

  2  races or games conducted by any class of permitholders

  3  licensed under this chapter.

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

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

  6  eligible to conduct intertrack wagering under the provisions

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

  8  and conduct intertrack wagering under this section; provided,

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

10  25 miles of another permitholder to receive in any week at

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

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

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

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

15  miles of another permitholder to accept within any week at

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

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

18  restrain any permitholder that is otherwise authorized to

19  conduct intertrack wagering from receiving the signal of any

20  other permitholder or sending its signal to any permitholder.

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

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

23  without the written consent of such operating permitholders

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

25  track is within the market area of such operating

26  permitholder.

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

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

29  the consent of the host track.

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

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


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  1  horserace permitholders within 25 miles of each other,

  2  intertrack wagering between permitholders in said area of the

  3  state shall only be authorized under the following conditions:

  4  Any permitholder, other than a thoroughbred permitholder, may

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

  6  permitholder of the same class or any harness permitholder

  7  located within such area and any harness permitholder may

  8  accept wagers on games conducted live by any jai alai

  9  permitholder located within its market area and from a jai

10  alai permitholder located within the area specified in this

11  subsection when no jai alai permitholder located within its

12  market area is conducting live jai alai performances; any

13  greyhound or jai alai permitholder may receive broadcasts of

14  and accept wagers on any permitholder of the other class

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

16  such other class is not operating a contemporaneous live

17  performance within the market area.

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

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

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

21  permitholder is not licensed to conduct live races or games

22  without the written consent of the other permitholder that is

23  conducting live races or games.  However, if neither

24  permitholder is conducting live races or games, either

25  permitholder may accept intertrack wagers on horseraces or on

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

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

28  permit.

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

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

31  greyhound permitholders, if any permitholder leases the


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

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

  3  lessee may conduct intertrack wagering at its pre-lease

  4  permitted facility throughout the entire year, including while

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

  6  such permitholder has conducted a full schedule of live racing

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

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

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

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

11  thoroughbred horse racing, two for greyhound dogracing, and

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

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

14  without the written consent of such operating permitholders

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

16  track is within the market area of such operating

17  permitholder.

18         (10)(9)(a)  Upon application to the division on or

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

20  that has conducted at least 15 days of thoroughbred horse

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

22  years, and conducted at least one day of nonwagering

23  thoroughbred racing, with a purse structure of at least

24  $250,000 per year for 2 consecutive years prior to such

25  application, shall be issued a license to conduct intertrack

26  wagering for thoroughbred racing for up to 21 days in

27  connection with thoroughbred sales, to conduct intertrack

28  wagering at such permanent sales facility between November 1

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

30  wagering at such permanent sales facility between May 9 and

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


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  1  permitholder in the same county is not conducting live

  2  performances, and to conduct intertrack wagering under the

  3  provisions of this subsection during the weekend of the

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

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

  6  subject to conditions set forth in this subsection, provided

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

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

  9  division shall determine which permitholder shall be granted

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

11  consider the length of time the permitholder has been

12  conducting thoroughbred horse sales in this state, the length

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

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

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

16  these criteria.

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

18  ss. 550.125 and 550.1815.

19         (d)  Intertrack wagering under this subsection may not

20  be conducted within 50 miles of any greyhound racetrack that

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

22  1990.

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

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

25  relating to suspension or revocation of a quarter horse permit

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

27         (f)  Intertrack wagering under this subsection may only

28  be conducted on thoroughbred horse racing, and intertrack

29  wagering under this subsection may not be conducted on evening

30  performances.

31


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  1         (11)(10)  All costs of receiving the transmission of

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

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

  4  track.

  5         (12)(11)  Notwithstanding any other provision of this

  6  section, any thoroughbred permitholder that conducts

  7  performances during the period beginning May 23 and ending

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

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

10  permitholder to any thoroughbred permitholder that conducts

11  performances during the period beginning March 17 and ending

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

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

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

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

16  by the host track as compensation for lost revenues and

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

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

19  to thoroughbred permitholders located in any area of the state

20  where there are three or more thoroughbred permitholders

21  within 25 miles of each other.

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

23  Florida Statutes, is amended to read:

24         550.0555  Greyhound dogracing permits; relocation

25  within a county; conditions.--

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

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

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

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

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

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


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

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

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

  4  not cross the county boundary, that such relocation is

  5  approved under the zoning regulations of the county or

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

  7  development use, consistent with the comprehensive plan, and

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

  9  determined at a proceeding pursuant to chapter 120 in the

10  county affected that the move is necessary to ensure the

11  revenue-producing capability of the permittee without

12  deteriorating the revenue-producing capability of any other

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

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

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

16  line of the other.

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

18  550.09512, Florida Statutes, is amended to read:

19         550.09512  Harness horse taxes; abandoned interest in a

20  permit for nonpayment of taxes.--

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

22  550.0951(3)(a), The tax on handle for live harness horse

23  performances is 0.5 1 percent of handle per performance.

24         Section 16.  Section 550.475, Florida Statutes, is

25  amended to read:

26         550.475  Lease of pari-mutuel facilities by pari-mutuel

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

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

29  standardbred horse racing in this state are shall be entitled

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

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


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  1  dogracing, or thoroughbred or standardbred horse racing, when

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

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

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

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

  6  Statutes, is amended to read:

  7         550.625  Intertrack wagering; purses; breeders'

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

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

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

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

12  550.615, as purses during its current race meet.  However, up

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

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

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

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

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

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

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

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

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

22  provisions of s. 550.2625 apply to the overpayment or

23  underpayment.

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

25  Statutes, is amended to read:

26         550.155  Pari-mutuel pool within track enclosure;

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

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

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

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

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


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

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

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

  4  permitholder shall inform the patrons, either through the

  5  official program or via the posting of signs at conspicuous

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

  7  at the facility.  A capital improvement proposed by a

  8  permitholder licensed under this chapter to a pari-mutuel

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

10  requires, pursuant to any municipal or county ordinance,

11  resolution, or regulation, the qualification or approval of

12  the municipality or county wherein the permitholder conducts

13  its business operations, shall receive approval unless the

14  municipality or county is able to show that the proposed

15  improvement presents a justifiable and immediate hazard to the

16  health and safety of municipal or county residents, provided

17  the permitholder pays to the municipality or county the cost

18  of a building permit and provided the capital improvement

19  meets the following criteria:

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

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

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

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

24  site of the improvement must share a sufficient common

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

26  and free access without crossing a public roadway, public

27  waterway, or similar barrier.

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

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

30

31


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  1         550.26352  Breeders' Cup Meet; pools authorized;

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

  3  application.--

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

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

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

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

  8  3 days by the other permitholders is prohibited.  As

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

10  operating permitholders shall receive a credit against the

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

12  550.0951 and 550.09515.  This credit shall be in an amount

13  equal to the operating loss determined to have been suffered

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

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

16  $950,000 $500,000.  The determination of the amount to be

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

18  operating permitholder.  The tax credits provided in this

19  subsection shall not be available unless an operating

20  permitholder is required to close a bona fide meet consisting

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

22  days immediately preceding or 10 scheduled performances in the

23  15 days immediately following the Breeders' Cup Meet.  Such

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

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

26  replacement or makeup of any lost racing days.

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

28  shall receive a credit against the taxes otherwise due and

29  payable to the state under ss. 550.0951 and 550.09515

30  generated during said permitholder's next ensuing regular

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


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

  2  permitholder to pay the purses offered by the permitholder

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

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

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

  6  application of the permitholder which is subject to audit by

  7  the division.

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

  9  shall receive a credit against the taxes otherwise due and

10  payable to the state under ss. 550.0951 and 550.09515

11  generated during said permitholder's next ensuing regular

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

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

14  permitholder for such capital improvements and extraordinary

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

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

17  the division upon application of the permitholder which is

18  subject to audit by the division.

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

20  conducting the Breeders' Cup Meet is authorized to transmit

21  broadcasts of the races conducted during the Breeders' Cup

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

23  The division may approve broadcasts to pari-mutuel

24  permitholders and other betting systems authorized under the

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

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

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

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

29  permitholder conducting the Breeders' Cup Meet.  The

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

31  commingled wagers may be performed by the permitholder's


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  1  totalisator contractor at a location outside of this state.

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

  3  other betting systems in foreign countries before being

  4  commingled with the pari-mutuel pool of the Florida

  5  permitholder conducting the Breeders' Cup Meet shall be

  6  calculated by the totalisator contractor and transferred to

  7  the commingled pool in United States currency in cycles

  8  customarily used by the permitholder. Pool amounts from wagers

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

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

11  determination is made by the division that the technology

12  utilized by the totalisator contractor is adequate to assure

13  commingled pools will result in the calculation of accurate

14  payoffs to Florida bettors.  Any totalisator contractor at a

15  location outside of this state shall comply with the

16  provisions of s. 550.495 relating to totalisator licensing.

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

18  is authorized to transmit broadcasts of the races conducted

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

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

21  permitholder conducting the Breeders' Cup Meet shall not be

22  required to transmit broadcasts to any pari-mutuel facility

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

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

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

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

27  without the consent of all operating permitholders in the

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

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

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

31  conducting the Breeders' Cup Meet.


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

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

  3  Meet as authorized in this section.  Included within this

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

  5  regarding the overall conduct of racing during the Breeders'

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

  7  for all participants, special stabling and training

  8  requirements for foreign horses, commingling of pari-mutuel

  9  pools, and audit requirements for tax credits and other

10  benefits.

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

12  550.6305, Florida Statutes, is amended to read:

13         550.6305  Intertrack wagering; guest track payments;

14  accounting rules.--

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

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

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

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

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

20  550.3551.

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

22  the amount of takeout remaining after the payment of state

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

24  cost to the permitholder required to be paid to the

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

26  Thoroughbred Breeders' Association and the Florida

27  Standardbred Breeders and Owners Association, to be used as

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

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

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

31  Florida Statutes, is amended to read:


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  1         550.002  Definitions.--As used in this chapter, the

  2  term:

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

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

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

  6  permitholder, greyhound races or other greyhound

  7  permitholders; with respect to a thoroughbred permitholder,

  8  thoroughbred races or other thoroughbred permitholders; with

  9  respect to a harness permitholder, harness races or other

10  harness permitholders; with respect to a quarter horse

11  permitholder, quarter horse races or other quarter horse

12  permitholders.

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

14  550.0351, Florida Statutes, are amended to read:

15         550.0351  Charity racing days.--

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

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

18  permitholder is authorized to conduct two one additional

19  charity performances performance each fiscal year for a fund

20  to benefit retired jai alai players.  This performance shall

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

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

23  division.

24         (9)  Notwithstanding the limitations set forth in

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

26  conducted one "Retired Jai Alai Players Charity Day"

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

28  authorized to conduct up to two performances per fiscal year

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

30  equivalent to the total number of fiscal years.  This

31  subsection shall be repealed on July 1, 2000.


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  1         Section 23.  Section 550.105, Florida Statutes, is

  2  amended to read:

  3         550.105  Occupational licenses of racetrack employees;

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

  5  and fines.--

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

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

  8  the division an annual occupational license, which license is

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

10  moneys collected pursuant to this section each fiscal year

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

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

13  the division and persons connected with racetracks, the

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

15  racetrack but may not make that determination apply to any

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

17  season license fee must be equal to the annual occupational

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

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

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

21  purchaser of the license pays the full occupational license

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

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

24  license shall be valid during its specified term at any

25  pari-mutuel facility.

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

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

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

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

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

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


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  1  entity in one of the following categories and with scheduled

  2  annual fees as follows:.

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

  4  contractual concessionaire, contract kennel, business owning

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

  6  name, or other fictitious name: $50.

  7         2.  Professional occupational licenses: professional

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

  9  quarters in jai alai such as trainers, officials,

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

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

12  any management or officer or director or shareholder or any

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

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

15  animals, kennel compound, or managers or supervisors requiring

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

17  equipment: $40.

18         3.  General occupational licenses: general employees

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

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

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

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

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

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

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

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

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

28  totalisator equipment or who would provide the security or

29  maintenance of these areas: $10.

30

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  1  The individuals and entities that are licensed under this

  2  paragraph Persons issued an unrestricted license require

  3  heightened the most state scrutiny, including the submission

  4  by the individual licensees or persons associated with the

  5  entities described in this chapter of fingerprints for a

  6  Federal Bureau of Investigation criminal records check.

  7         (b)  Restricted licenses shall be issued to persons

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

  9  players' room, jockeys' room, drivers' room, totalisator room,

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

11  license require the less state scrutiny and will not require

12  routine criminal records check.  The division may require

13  persons issued the restricted license to submit fingerprints

14  for a criminal records check as needed for investigations.

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

16  pertaining to pari-mutuel regarding unrestricted and

17  restricted occupational licenses.

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

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

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

21  contractual concessionaires, contract kennels, businesses

22  owning racing animals, trusts or estates, totalisator

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

24         2.  Unrestricted licenses:  professional persons with

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

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

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

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

29  director or shareholder or any other professional level person

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

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


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  1         3.  Unrestricted licenses:  general employees with

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

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

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

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

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

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

  8  these areas: $10.

  9         4.  Unrestricted licenses:  managers or supervisors

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

11  totalisator equipment but not requiring access to the

12  backside: $40.

13         5.  Unrestricted licenses:  mutuel employees,

14  totalisator employees, money room employees, and any employee

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

16  totalisator equipment or the security or maintenance of these

17  areas:  $10.

18         6.  Restricted licenses:  managers, supervisors, and

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

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

21  compound, mutuels areas, or money room or totalisator

22  equipment:  $40.

23         7.  Restricted licenses:  general employees or

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

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

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

27         (3)  Certified public accountants and attorneys

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

29  hold an occupational license under this section while

30  providing accounting or legal services to a permitholder if

31


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

  2  of employment is not on the permitholder premises.

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

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

  5  pari-mutuel facility without first having secured a license

  6  and paid the occupational license fee.

  7         (5)(4)(a)  The division may:

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

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

10  has been refused a license by any other state racing

11  commission or racing authority;

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

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

14  another jurisdiction;

15

16  if the state racing commission or racing authority of such

17  other state or jurisdiction extends to the division reciprocal

18  courtesy to maintain the disciplinary control.

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

20  ineligible any occupational license if the applicant for or

21  holder thereof has violated the provisions of this chapter or

22  the rules of the division governing the conduct of persons

23  connected with racetracks and frontons.  In addition, the

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

25  occupational license if the applicant for such license has

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

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

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

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

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

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


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

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

  3  state or any other jurisdiction for an offense related to

  4  pari-mutuel wagering.

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

  6  revoke any occupational license if the applicant for such

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

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

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

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

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

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

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

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

15  offense, the restrictions excluding offenders may be waived by

16  the director of the division.

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

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

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

20  administrative charges and the occupational licensee is found

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

22  revoked and a time period of license ineligibility may be

23  declared.  The division may bring administrative charges

24  against any person not holding a current license for

25  violations of statutes or rules which occurred while such

26  person held an occupational license, and the division may

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

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

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

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

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


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

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

  3  or ineligibility, any person whose occupational license

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

  5  declared ineligible to hold an occupational license, or whose

  6  occupational license has been suspended or revoked by the

  7  division.

  8         (e)  The division may cancel any occupational license

  9  that has been voluntarily relinquished by the licensee.

10         (6)(5)  In order to promote the orderly presentation of

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

12  issue a temporary occupational license.  The division shall

13  adopt rules to implement this subsection.  However, no

14  temporary occupational license shall be valid for more than 30

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

16  any person in any year.

17         (7)(6)  The division may deny, revoke, or suspend any

18  occupational license if the applicant therefor or holder

19  thereof accumulates unpaid obligations or defaults in

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

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

22  unpaid obligations, defaults, or dishonored or refused drafts

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

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

25         (8)(7)  The division may fine, or suspend or revoke, or

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

27  oath knowingly provides false information regarding an

28  investigation by the division.

29         (9)(8)  The tax imposed by this section is in lieu of

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

31  county, municipality, or other political subdivision, except


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

  2  municipality, the municipality may assess and collect an

  3  additional tax against any person conducting live racing or

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

  5  $150 per day for horseracing or $50 per day for dogracing or

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

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

  8  against any person conducting race meetings within the

  9  corporate limits of the municipality or against any patron of

10  any such person.

11         (10)(9)  Upon application for an occupational license,

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

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

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

15  address, mailing address, residence address and business phone

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

17  or any conviction involving bookmaking, illegal gambling, or

18  cruelty to animals; disclosure of any past or present

19  enforcement or actions by any racing or gaming agency against

20  the applicant; and any information the division determines is

21  necessary to establish the identity of the applicant or to

22  establish that the applicant is of good moral character.

23  Fingerprints shall be taken in a manner approved by the

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

25  Investigation, or to the association of state officials

26  regulating pari-mutuel wagering pursuant to the Federal

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

28  processing fingerprints shall be borne by the applicant and

29  paid to the association of state officials regulating

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

31  processing fees are deposited.  The division shall require


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  1  each applicant for an occupational license to have the

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

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

  4  require additional information from licensees which is

  5  reasonably necessary to regulate the industry.  The division

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

  7  from the fingerprinting requirements.

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

  9  Florida Statutes, is amended to read:

10         550.24055  Use of controlled substances or alcohol

11  prohibited; testing of certain occupational licensees;

12  penalty; evidence of test or action taken and admissibility

13  for criminal prosecution limited.--

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

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

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

17  purpose of determining the alcoholic content of their blood

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

19  presence of controlled substances. Such tests shall only be

20  conducted upon reasonable cause that a violation has occurred

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

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

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

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

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

26  whichever is longer.

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

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

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

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

31


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

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

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

  4  0.05 percent but less than 0.08 0.10 percent by weight of

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

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

  7  influence of alcoholic beverages to the extent that the

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

  9  board of judges may consider that fact in determining whether

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

11  in any given race or jai alai game.

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

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

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

15  the influence of alcoholic beverages to the extent that the

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

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

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

19  alai game on the day of such test.

20

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

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

23  316.1934 and rules adopted pursuant to that section.

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

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

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

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

28  permitted in this section.

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

30  Florida Statutes, is amended to read:

31         550.26165  Breeders' awards.--


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

  2  agricultural activity of breeding and training racehorses in

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

  4  breeders' awards and stallion awards from breaks and uncashed

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

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

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

  8  horses winning horseraces and for similar awards to the owners

  9  of stallions who sired Florida-bred horses winning stakes

10  races, if the stallions are registered as Florida stallions

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

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

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

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

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

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

17  Thoroughbred Breeders' Association, of the moneys dedicated in

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

19  for thoroughbreds shall be returned prorata to the

20  permitholders that generated the moneys for awards to be

21  distributed by the permitholders to owners of registered

22  Florida-bred thoroughbred horses winning in thoroughbred races

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

24  accordance with a plan established annually no later than 120

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

26  and agreed upon by the permitholder, the Florida Thoroughbred

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

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

29  distribution by any permitholder located in the area described

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

31  the Florida Thoroughbred Breeders' Association, and the


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  1  association representing a majority of the thoroughbred

  2  racehorse owners and trainers at that location. Awards for

  3  thoroughbred races are to be paid through the Florida

  4  Thoroughbred Breeders' Association, and awards for

  5  standardbred races are to be paid through the Florida

  6  Standardbred Breeders and Owners Association. Among other

  7  sources specified in this chapter, The moneys for thoroughbred

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

  9  handle for thoroughbred races conducted, received, broadcast,

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

11  The moneys for quarter horse and harness breeders' awards will

12  come from the breaks and uncashed tickets on live quarter

13  horse and harness racing performances and 1 percent of handle

14  on intertrack wagering.  The funds for these breeders' awards

15  shall be paid to the respective breeders' associations by the

16  permitholders conducting the races. The awards are to be given

17  at a uniform rate to all winners of the awards and may not be

18  less than 15 percent of the announced gross purse if funds are

19  available.

20         Section 26.  Subsections (2) and (3) of section

21  550.2625, Florida Statutes, are amended to read:

22         550.2625  Horseracing; minimum purse requirement,

23  Florida breeders' and owners' awards.--

24         (2)  Each permitholder conducting a horserace meet is

25  required to pay from the takeout withheld on pari-mutuel pools

26  a sum for purses in accordance with the type of race

27  performed.

28         (a)  A permitholder conducting a thoroughbred horse

29  race meet under this chapter must pay from the takeout

30  withheld a sum not less than 7.75 7.5 percent of all

31  contributions to pari-mutuel pools conducted during the race


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  1  meet as purses. In addition to the 7.75 7.5 percent minimum

  2  purse payment, permitholders conducting live thoroughbred

  3  performances shall be required to pay as additional purses

  4  .625 percent of live handle for performances conducted during

  5  the period beginning on January 3 and ending March 16; .225

  6  percent for performances conducted during the period beginning

  7  March 17 and ending May 22; and .85 percent for performances

  8  conducted during the period beginning May 23 and ending

  9  January 2.  Except that any thoroughbred permitholder whose

10  total handle on live performances during the 1991-1992 state

11  fiscal year was not greater than $34 million is not subject to

12  this additional purse payment. A permitholder authorized to

13  conduct thoroughbred racing may withhold from the handle an

14  additional amount equal to 1 percent on exotic wagering for

15  use as owners' awards, and may withhold from the handle an

16  amount equal to 2 percent on exotic wagering for use as

17  overnight purses.  No permitholder may withhold in excess of

18  20 percent from the handle without withholding the amounts set

19  forth in this subsection.

20         (b)1.  A permitholder conducting a harness horse race

21  meet under this chapter must pay to the purse pool from the

22  takeout withheld a purse requirement that totals an amount not

23  less than 8.25 8 percent of all contributions to pari-mutuel

24  pools conducted during the race meet.  An amount not less than

25  7.75 7.5 percent of the total handle shall be paid from this

26  purse pool as purses.

27         2.  An amount not to exceed 0.5 percent of the total

28  handle on all harness horse races that are subject to the

29  purse requirement of subparagraph 1., must be available for

30  use to provide medical, dental, surgical, life, funeral, or

31  disability insurance benefits for occupational licensees who


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  1  work at tracks in this state at which harness horse races are

  2  conducted.  Such insurance benefits must be paid from the

  3  purse pool specified in subparagraph 1.  An annual plan for

  4  payment of insurance benefits from the purse pool, including

  5  qualifications for eligibility, must be submitted by the

  6  Florida Standardbred Breeders and Owners Association for

  7  approval to the division.  An annual report of the implemented

  8  plan shall be submitted to the division.  All records of the

  9  Florida Standardbred Breeders and Owners Association

10  concerning the administration of the plan must be available

11  for audit at the discretion of the division to determine that

12  the plan has been implemented and administered as authorized.

13  If the division finds that the Florida Standardbred Breeders

14  and Owners Association has not complied with the provisions of

15  this section, the division may order the association to cease

16  and desist from administering the plan and shall appoint the

17  division as temporary administrator of the plan until the

18  division reestablishes administration of the plan with the

19  association.

20         (c)  A permitholder conducting a quarter horse race

21  meet under this chapter shall pay from the takeout withheld a

22  sum not less than 6 percent of all contributions to

23  pari-mutuel pools conducted during the race meet as purses.

24         (d)  The division shall adopt reasonable rules to

25  ensure the timely and accurate payment of all amounts withheld

26  by horserace permitholders regarding the distribution of

27  purses, owners' awards, and other amounts collected for

28  payment to owners and breeders.  Each permitholder that fails

29  to pay out all moneys collected for payment to owners and

30  breeders shall, within 10 days after the end of the meet

31  during which the permitholder underpaid purses, deposit an


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  1  amount equal to the underpayment into a separate

  2  interest-bearing account to be distributed to owners and

  3  breeders in accordance with division rules.

  4         (e)  An amount equal to 8.5 percent of the purse

  5  account generated through intertrack wagering and interstate

  6  simulcasting will be used for Florida Owners' Awards as set

  7  forth in subsection (3).  Any thoroughbred permitholder with

  8  an average blended takeout which does not exceed 20 percent

  9  and with an average daily purse distribution excluding

10  sponsorship, entry fees, and nominations exceeding $225,000 is

11  exempt from the provisions of this paragraph.

12         (3)  Each horseracing permitholder conducting any

13  thoroughbred race under this chapter, including any intertrack

14  race taken pursuant to ss. 550.615-550.6305 or any interstate

15  simulcast taken pursuant to s. 550.3551(3) shall pay a sum

16  equal to 0.955 0.75 percent on all pari-mutuel pools conducted

17  during any such race for the payment of breeders' and stallion

18  awards as authorized in this section.  This subsection also

19  applies to all Breeder's Cup races conducted outside this

20  state taken pursuant to s. 550.3551(3).  On any race

21  originating live in this state which is broadcast out-of-state

22  to any location at which wagers are accepted pursuant to s.

23  550.3551(2), the host track is required to pay 3.475 3.3

24  percent of the gross revenue derived from such out-of-state

25  broadcasts as breeders' and stallion awards.  The Florida

26  Thoroughbred Breeders' Association is authorized to receive

27  these payments from the permitholders and make payments of

28  awards earned.  The Florida Thoroughbred Breeders' Association

29  has the right to withhold up to 10 percent of the

30  permitholder's payments under this section as a fee for

31  administering the payments of awards and for general promotion


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  1  of the industry.  The permitholder shall remit these payments

  2  to the Florida Thoroughbred Breeders' Association by the 5th

  3  day of each calendar month for such sums accruing during the

  4  preceding calendar month and shall report such payments to the

  5  division as prescribed by the division.  With the exception of

  6  the 10-percent fee, the moneys paid by the permitholders shall

  7  be maintained in a separate, interest-bearing account, and

  8  such payments together with any interest earned shall be used

  9  exclusively for the payment of breeders' awards and stallion

10  awards in accordance with the following provisions:

11         (a)  The breeder of each Florida-bred thoroughbred

12  horse winning a thoroughbred horse race is entitled to an

13  award of up to, but not exceeding, 20 percent of the announced

14  gross purse, including nomination fees, eligibility fees,

15  starting fees, supplementary fees, and moneys added by the

16  sponsor of the race.

17         (b)  The owner or owners of the sire of a Florida-bred

18  thoroughbred horse that wins a stakes race is entitled to a

19  stallion award of up to, but not exceeding, 20 percent of the

20  announced gross purse, including nomination fees, eligibility

21  fees, starting fees, supplementary fees, and moneys added by

22  the sponsor of the race.

23         (c)  The owners of registered Florida-bred thoroughbred

24  horses winning or placing in thoroughbred stakes races may

25  receive an award in accordance with a plan established in s.

26  550.26165(1).

27         (d)(c)  In order for a breeder of a Florida-bred

28  thoroughbred horse to be eligible to receive a breeder's

29  award, or for the owners of a registered Florida-bred

30  thoroughbred horse to be eligible to receive an award under

31  paragraph (c), the horse winning the race must have been


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  1  registered as a Florida-bred horse with the Florida

  2  Thoroughbred Breeders' Association, and the Jockey Club

  3  certificate for the winning horse must show that it the winner

  4  has been duly registered as a Florida-bred horse as evidenced

  5  by the seal and proper serial number of the Florida

  6  Thoroughbred Breeders' Association registry.  The Florida

  7  Thoroughbred Breeders' Association shall be permitted to

  8  charge the registrant a reasonable fee for this verification

  9  and registration.

10         (e)(d)  In order for an owner of the sire of a

11  thoroughbred horse winning a stakes race to be eligible to

12  receive a stallion award, the stallion must have been

13  registered with the Florida Thoroughbred Breeders'

14  Association, and the breeding of the registered Florida-bred

15  horse must have occurred in this state. The stallion must be

16  standing permanently in this state during the period of time

17  between February 1 and June 15 of each year or, if the

18  stallion is dead, must have stood permanently in this state

19  for a period of not less than 1 year immediately prior to its

20  death. The removal of a stallion from this state during the

21  period of time between February 1 and June 15 of any year for

22  any reason, other than exclusively for prescribed medical

23  treatment, as approved by the Florida Thoroughbred Breeders'

24  Association, renders the owner or owners of the stallion

25  ineligible to receive a stallion award under any circumstances

26  for offspring sired prior to removal; however, if a removed

27  stallion is returned to this state, all offspring sired

28  subsequent to the return make the owner or owners of the

29  stallion eligible for the stallion award but only for those

30  offspring sired subsequent to such return to this state. The

31  Florida Thoroughbred Breeders' Association shall maintain


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  1  complete records showing the date the stallion arrived in this

  2  state for the first time, whether or not the stallion remained

  3  in the state permanently, the location of the stallion, and

  4  whether the stallion is still standing in this state and

  5  complete records showing awards earned, received, and

  6  distributed.  The association may charge the owner, owners, or

  7  breeder a reasonable fee for this service.

  8         (f)(e)  A permitholder conducting a thoroughbred horse

  9  race under the provisions of this chapter shall, within 30

10  days after the end of the race meet during which the race is

11  conducted, certify to the Florida Thoroughbred Breeders'

12  Association such information relating to the thoroughbred

13  horses winning a stakes or other horserace at the meet as may

14  be required to determine the eligibility for payment of

15  breeders' awards and stallion awards.

16         (g)(f)  The Florida Thoroughbred Breeders' Association

17  shall maintain complete records showing the starters and

18  winners in all races conducted at thoroughbred tracks in this

19  state; shall maintain complete records showing awards earned,

20  received, and distributed; and may charge the owner, owners,

21  or breeder a reasonable fee for this service.

22         (h)(g)  The Florida Thoroughbred Breeders' Association

23  shall annually establish a uniform rate and procedure for the

24  payment of breeders' and stallion awards and shall make

25  breeders' and stallion award payments in strict compliance

26  with the established uniform rate and procedure plan.  The

27  plan may set a cap on winnings and may limit, exclude, or

28  defer payments to certain classes of races, such as the

29  Florida stallion stakes races, in order to assure that there

30  are adequate revenues to meet the proposed uniform rate. Such

31  plan must include proposals for the general promotion of the


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  1  industry. Priority shall be placed upon imposing such

  2  restrictions in lieu of allowing the uniform rate to be less

  3  than 15 percent of the total purse payment.  The uniform rate

  4  and procedure plan must be approved by the division before

  5  implementation.  In the absence of an approved plan and

  6  procedure, the authorized rate for breeders' and stallion

  7  awards is 15 percent of the announced gross purse for each

  8  race.  Such purse must include nomination fees, eligibility

  9  fees, starting fees, supplementary fees, and moneys added by

10  the sponsor of the race. If the funds in the account for

11  payment of breeders' and stallion awards are not sufficient to

12  meet all earned breeders' and stallion awards, those breeders

13  and stallion owners not receiving payments have first call on

14  any subsequent receipts in that or any subsequent year.

15         (i)(h)  The Florida Thoroughbred Breeders' Association

16  shall keep accurate records showing receipts and disbursements

17  of such payments and shall annually file a full and complete

18  report to the division showing such receipts and disbursements

19  and the sums withheld for administration.  The division may

20  audit the records and accounts of the Florida Thoroughbred

21  Breeders' Association to determine that payments have been

22  made to eligible breeders and stallion owners in accordance

23  with this section.

24         (j)(i)  If the division finds that the Florida

25  Thoroughbred Breeders' Association has not complied with any

26  provision of this section, the division may order the

27  association to cease and desist from receiving funds and

28  administering funds received under this section.  If the

29  division enters such an order, the permitholder shall make the

30  payments authorized in this section to the division for

31  deposit into the Pari-mutuel Wagering Trust Fund; and any


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  1  funds in the Florida Thoroughbred Breeders' Association

  2  account shall be immediately paid to the Division of

  3  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering

  4  Trust Fund.  The division shall authorize payment from these

  5  funds to any breeder or stallion owner entitled to an award

  6  that has not been previously paid by the Florida Thoroughbred

  7  Breeders' Association in accordance with the applicable rate.

  8         Section 27.  Paragraph (a) of subsection (6) of section

  9  550.3551, Florida Statutes, is amended to read:

10         550.3551  Transmission of racing and jai alai

11  information; commingling of pari-mutuel pools.--

12         (6)(a)  A maximum of 20 percent of the total number of

13  races on which wagers are accepted by a greyhound permitholder

14  not located as specified in s. 550.615(6) may be received from

15  locations outside this state.  A permitholder may not conduct

16  fewer than eight live races or games on any authorized race

17  day except as provided in this subsection. A thoroughbred

18  permitholder may not conduct fewer than eight live races on

19  any race day without the written approval of the Florida

20  Thoroughbred Breeders' Association and the Florida Horsemen's

21  Benevolent and Protective Association, Inc., unless it is

22  determined by the department that another entity represents a

23  majority of the thoroughbred racehorse owners and trainers in

24  the state. horsemen's group representing the majority of

25  thoroughbred racehorse owners and trainers in this state.  A

26  harness permitholder may conduct fewer than eight live races

27  on any authorized race day, except that such permitholder must

28  conduct a full schedule of live racing during its race meet

29  consisting of at least eight live races per authorized race

30  day for at least 100 days.  Any harness horse permitholder

31  that during the preceding racing season conducted a full


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  1  schedule of live racing may, at any time during its current

  2  race meet, receive full-card broadcasts of harness horse races

  3  conducted at harness racetracks outside this state at the

  4  harness track of the permitholder and accept wagers on such

  5  harness races. With specific authorization from the division

  6  for special racing events, a permitholder may conduct fewer

  7  than eight live races or games when the permitholder also

  8  broadcasts out-of-state races or games. The division may not

  9  grant more than two such exceptions a year for a permitholder

10  in any 12-month period, and those two exceptions may not be

11  consecutive.

12         Section 28.  Subsections (1) and (4) of section

13  550.6308, Florida Statutes, are amended, and subsection (5) is

14  added to that section, to read:

15         550.6308  Limited intertrack wagering license.--In

16  recognition of the economic importance of the thoroughbred

17  breeding industry to this state, its positive impact on

18  tourism, and of the importance of a permanent thoroughbred

19  sales facility as a key focal point for the activities of the

20  industry, a limited license to conduct intertrack wagering is

21  established to ensure the continued viability and public

22  interest in thoroughbred breeding in Florida.

23         (1)  Upon application to the division on or before

24  January 31 of each year, any person that is licensed to

25  conduct public sales of thoroughbred horses pursuant to s.

26  535.01, that has conducted at least 15 days of thoroughbred

27  horse sales at a permanent sales facility in this state for at

28  least 3 consecutive years, and that has conducted at least 1

29  day of nonwagering thoroughbred racing in this state, with a

30  purse structure of at least $250,000 per year for 2

31  consecutive years before such application, shall be issued a


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  1  license, subject to the conditions set forth in this section,

  2  to conduct intertrack wagering at such a permanent sales

  3  facility during the following periods: for thoroughbred racing

  4  for

  5         (a)  Up to 21 days in connection with thoroughbred

  6  sales;, to conduct intertrack wagering at such permanent sales

  7  facility

  8         (b)  Between November 1 and May 8;, to conduct

  9  intertrack wagering at such permanent sales facility

10         (c)  Between May 9 and October 31 at such times and on

11  such days as any thoroughbred, jai alai, or a greyhound

12  permitholder in the same county is not conducting live

13  performances; provided that any such permitholder may waive

14  this requirement, in whole or in part, and allow the licensee

15  under this section to conduct intertrack wagering during one

16  or more of the permitholder's live performances; and, and to

17  conduct intertrack wagering under the provisions of this

18  subsection

19         (d)  During the weekend of the Kentucky Derby, the

20  Preakness, the Belmont, and a Breeders' Cup Meet that is

21  conducted before November 1 and after May 8., subject to

22  conditions set forth in this section but

23

24  No more than one such license may be issued, and no such

25  license may be issued for a facility located within 50 miles

26  of any thoroughbred permitholder's track.

27         (4)  Intertrack wagering under this section may be

28  conducted only on thoroughbred horse racing, except that

29  intertrack wagering may be conducted on any class of

30  pari-mutuel race or game conducted by any class of

31  permitholders licensed under this chapter if all thoroughbred,


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  1  jai alai, and greyhound permitholders in the same county as

  2  the licensee under this section give their consent.

  3         (5)  The licensee shall be considered a guest track

  4  under this chapter. The licensee shall pay 2.5 percent of the

  5  total contributions to the daily pari-mutuel pool on wagers

  6  accepted at the licensee's facility on greyhound races or jai

  7  alai games to the thoroughbred permitholder that is conducting

  8  live races for purses to be paid during its current racing

  9  meet. If more than one thoroughbred permitholder is conducting

10  live races on a day during which the licensee is conducting

11  intertrack wagering on greyhound races or jai alai games, the

12  licensee shall allocate these funds between the operating

13  thoroughbred permitholders on a prorata basis based on the

14  total live handle at the operating permitholders' facilities.

15         Section 29.  Subsection (7) of section 773.01, Florida

16  Statutes, is amended to read:

17         773.01  Definitions.--As used in ss. 773.01-773.05:

18         (7)  "Participant" means any person, whether amateur or

19  professional, who engages in or any equine that participates

20  in an equine activity, whether or not a fee is paid to

21  participate in the equine activity.

22         Section 30.  Subsection (1) of section 773.03, Florida

23  Statutes, is amended to read:

24         773.03  Limitation on liability for equine activity;

25  exceptions.--

26         (1)  This section applies shall not apply to the

27  horseracing industry as defined in chapter 550.

28         Section 31.  Interstate Compact on Licensure of

29  Participants in Pari-mutuel Wagering.--There is created the

30  Interstate Compact on Licensure of Participants in Pari-mutuel

31  Wagering.


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  1         Section 32.  Purposes.--The purposes of this compact

  2  are to:

  3         (1)  Establish uniform requirements among the party

  4  states for the licensing of participants with pari-mutuel

  5  wagering, and ensure that all licensed participants meet a

  6  uniform minimum standard of honesty and integrity.

  7         (2)  Facilitate the growth of the pari-mutuel wagering

  8  industry in each party state and nationwide by simplifying the

  9  process for licensing participants in pari-mutuel wagering,

10  and reduce the duplicative and costly process of separate

11  licensing by the regulatory agency in each state that conducts

12  pari-mutuel wagering.

13         (3)  Authorize the Department of Business and

14  Professional Regulation to participate in this compact.

15         (4)  Provide for participation in this compact by

16  officials of the party states, and permit those officials,

17  through the compact committee established by this compact, to

18  enter into contracts with governmental agencies and

19  nongovernmental persons to carry out the purposes of this

20  compact.

21         (5)  Establish the compact committee created by this

22  compact as an interstate governmental entity duly authorized

23  to request and receive criminal-history record information

24  from the Federal Bureau of Investigation and other state and

25  local law enforcement agencies.

26         Section 33.  Definitions.--As used in this compact, the

27  term:

28         (1)  "Compact committee" means the organization of

29  officials from the party states which is authorized and

30  empowered to carry out the purposes of this compact.

31


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  1         (2)  "Official" means the appointed, elected,

  2  designated, or otherwise duly selected member of a racing

  3  commission, or the equivalent thereof, in a party state who

  4  represents that party state as a member of the compact

  5  committee.

  6         (3)  "Participants in pari-mutuel wagering" means

  7  participants in horseracing, greyhound racing, and jai alai

  8  games with pari-mutuel wagering in the party states.

  9         (4)  "Party state" means each state that has enacted

10  this compact.

11         (5)  "State" means each of the several states of the

12  United States, the District of Columbia, the Commonwealth of

13  Puerto Rico, and each territory or possession of the United

14  States.

15         Section 34.  Entry into force.--This compact shall come

16  into force when enacted by any four states. Thereafter, this

17  compact shall become effective in any other state upon that

18  state's enactment of this compact and upon the affirmative

19  vote of a majority of the officials on the compact committee

20  as provided in section 41.

21         Section 35.  States eligible to join compact.--Any

22  state that has adopted or authorized pari-mutuel wagering

23  shall be eligible to become a party to this compact.

24         Section 36.  Withdrawal from compact; impact on force

25  and effect.--

26         (1)  Any party state may withdraw from this compact by

27  enacting a statute repealing this compact, but such a

28  withdrawal becomes effective only when the head of the

29  executive branch of the withdrawing party state has given

30  written notice of the withdrawal to the heads of the executive

31  branch of all other party states.


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  1         (2)  If, as a result of withdrawals, participation in

  2  this compact decreases to fewer than three party states, this

  3  compact shall no longer be in force and effect until

  4  participation in this compact increases to three or more party

  5  states.

  6         Section 37.  Compact committee.--

  7         (1)  There is created an interstate governmental entity

  8  to be known as the "compact committee," which shall be

  9  composed of one official from the racing commission, or the

10  equivalent thereof, in each party state who shall be

11  appointed, serve, and be subject to removal in accordance with

12  the laws of the party state that she or he represents.  The

13  official from Florida shall be appointed by the Secretary of

14  Business and Professional Regulation. Pursuant to the laws of

15  her or his party state, each official shall have the

16  assistance of her or his state's racing commission, or the

17  equivalent thereof, in considering issues related to licensing

18  of participants in pari-mutuel wagering and in fulfilling her

19  or his responsibilities as the representative from her or his

20  state to the compact committee.

21         (2)  If an official is unable to perform any of her or

22  his duties as a member of the compact committee, the racing

23  commission, or the equivalent thereof, from her or his state

24  shall designate another of its members as an alternate who

25  shall serve in her or his place and represent the party state

26  as its official on the compact committee, until that racing

27  commission, or the equivalent thereof, determines that the

28  original representative official is once again able to perform

29  her or his duties as that party state's representative

30  official on the compact committee. The designation of an

31  alternate shall be communicated by the affected state's racing


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  1  commission, or the equivalent thereof, to the compact

  2  committee as the committee's bylaws provide.

  3         Section 38.  Powers and duties of compact

  4  committee.--In order to carry out the purposes of this

  5  compact, the compact committee has the power and duty to:

  6         (1)(a)  Determine which categories of participants in

  7  pari-mutuel wagering, including, but not limited to, owners,

  8  trainers, jockeys, jai alai players, drivers, grooms, mutuel

  9  clerks, racing officials, veterinarians, and farriers, should

10  be licensed by the committee, and to establish the

11  requirements for the initial licensure of applicants in each

12  category, the term of the license for each category, and the

13  requirements for renewal of licenses in each category.

14         (b)  With regard to requests for criminal-history

15  record information on each applicant for a license, and with

16  regard to the effect of a criminal record on the issuance or

17  renewal of a license, determine for each category of

18  participants in pari-mutuel wagering which licensure

19  requirements for that category are, in its judgment, the

20  most-restrictive licensure requirements of any party state for

21  that category and to adopt licensure requirements for that

22  category which are, in its judgment, comparable to those

23  most-restrictive requirements.

24         (2)  Investigate applicants for licensure by the

25  compact committee and, as permitted by federal and state law,

26  gather information on such applicants, including

27  criminal-history record information from the Federal Bureau of

28  Investigation and relevant state and local law enforcement

29  agencies, and, where appropriate, from the Royal Canadian

30  Mounted Police and law enforcement agencies of other

31  countries, which is necessary to determine whether a license


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  1  should be issued under the licensure requirements established

  2  by the committee under subsection (1). The fingerprints of

  3  each applicant for licensure by the compact committee shall be

  4  taken by the compact committee, its employees, or its

  5  designee, and, pursuant to Pub. L. No. 92-544 or Pub. L. No.

  6  100-413, shall be forwarded to a state identification bureau

  7  or to the Association of Racing Commissioners International,

  8  Inc., for submission to the Federal Bureau of Investigation

  9  for a criminal-history record check. Such fingerprints may be

10  submitted on a fingerprint card or by electronic or other

11  means authorized by the Federal Bureau of Investigation or

12  other receiving law enforcement agency.

13         (3)  Issue licenses to, and renew the licenses of,

14  participants in pari-mutuel wagering who are found by the

15  committee to have met the licensure and renewal requirements

16  established by the committee under subsection (1). The compact

17  committee shall not have the power or authority to deny a

18  license.  If the compact committee determines that an

19  applicant is not eligible for the issuance or renewal of a

20  compact committee license, the compact committee shall notify

21  the applicant that her or his application will not be

22  processed further. Such notification does not constitute and

23  shall not be considered to be the denial of a license. Any

24  such applicant shall have the right to present additional

25  evidence to, and be heard by, the compact committee, but the

26  final decision on issuance or renewal of the license shall be

27  made by the compact committee using the requirements

28  established under subsection (1).

29         (4)  Enter into contracts or agreements with

30  governmental agencies and nongovernmental persons to provide

31


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  1  personal services for its activities and such other services

  2  as are necessary to effectuate the purposes of this compact.

  3         (5)  Create, appoint, and abolish those offices,

  4  employments, and positions, including that of executive

  5  director, that it considers necessary for the purposes of this

  6  compact; prescribe the powers, duties, and qualifications of,

  7  and hire persons to fill, such offices, employments, and

  8  positions; and provide for the removal, term, tenure,

  9  compensation, fringe benefits, retirement benefits, and other

10  conditions of employment of persons filling such offices,

11  employments, and positions.

12         (6)  Borrow, accept, or contract for the services of

13  personnel from any state, the United States, or any other

14  governmental agency, or from any person, firm, association,

15  corporation, or other entity.

16         (7)  Acquire, hold, and dispose of real and personal

17  property by gift, purchase, lease, or license, or in other

18  similar manner, in furtherance of the purposes of this

19  compact.

20         (8)  Charge a fee to each applicant for an initial

21  license or renewal of a license.

22         (9)  Receive other funds through gifts, grants, and

23  appropriations.

24         Section 39.  Voting requirements.--

25         (1)  Each member of the compact committee is entitled

26  to one vote.

27         (2)  All action taken by the compact committee with

28  regard to the addition of party states, the licensure of

29  participants in pari-mutuel wagering, and the receipt and

30  disbursement of funds requires a majority vote of the members

31  of the compact committee or their alternates. All other action


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  1  by the compact committee requires a majority vote of the

  2  members present or their alternates.

  3         (3)  The compact committee may not take any action

  4  unless a quorum is present. A majority of the members of the

  5  compact committee or their alternates constitutes a quorum.

  6         Section 40.  Administration and management.--

  7         (1)  The compact committee shall elect annually from

  8  among its members a chairperson, a vice chairperson, and a

  9  secretary/treasurer.

10         (2)  The compact committee shall adopt bylaws for the

11  conduct of its business by a two-thirds vote of the members of

12  the committee or their alternates and may, by the same vote,

13  amend and rescind these bylaws. The compact committee shall

14  publish its bylaws in convenient form and shall file a copy

15  thereof and a copy of any amendments thereto with the

16  Secretary of State or equivalent agency of each of the party

17  states.

18         (3)  The compact committee may delegate the day-to-day

19  management and administration of its duties and

20  responsibilities to an executive director and her or his

21  support staff.

22         (4)  Employees of the compact committee shall be

23  considered governmental employees.

24         Section 41.  Immunity from liability for performance of

25  official responsibilities and duties.--A member or employee of

26  the compact committee may not be held personally liable for

27  any good-faith act or omission that occurs during the

28  performance and within the scope of her or his

29  responsibilities and duties under this compact.

30         Section 42.  Rights and responsibilities of each party

31  state.--


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  1         (1)  By enacting this compact, each party state:

  2         (a)  Agrees to:

  3         1.  Accept the decisions of the compact committee

  4  regarding the issuance of compact committee licenses to

  5  participants in pari-mutuel wagering pursuant to the

  6  committee's licensure requirements.

  7         2.  Reimburse or otherwise pay the expenses of its

  8  official representative on the compact committee or her or his

  9  alternate.

10         (b)  Agrees not to treat a notification to an applicant

11  by the compact committee described in subsection (3) of

12  section 42 as the denial of a license, or to penalize such an

13  applicant in any other way based solely on such a decision by

14  the compact committee.

15         (c)  Reserves the right to:

16         1.  Apply its own standards in determining whether, on

17  the facts of a particular case, a compact committee license

18  should be suspended or revoked. Any party state that suspends

19  or revokes a compact committee license shall, through its

20  racing commission or the equivalent thereof, or otherwise,

21  promptly notify the compact committee of that suspension or

22  revocation.

23         2.  Apply its own standards in determining licensure

24  eligibility, under the laws of that party state, for

25  categories of participants in pari-mutuel wagering which the

26  compact committee decides not to license and for individual

27  participants in pari-mutuel wagering who do not meet the

28  licensure requirements of the compact committee.

29         3.  Establish its own licensure standards for those who

30  are not covered by the compact committee license.

31


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  1         (2)  A party state may not be held liable for the debts

  2  or other financial obligations incurred by the compact

  3  committee.

  4         Section 43.  Construction and severability.--

  5         (1)  This compact shall be liberally construed so as to

  6  effectuate its purposes. The provisions of this compact shall

  7  be severable, and, if any phrase, clause, sentence, or

  8  provision of this compact is declared to be contrary to the

  9  Constitution of the United States or of any party state, or if

10  the applicability of this compact to any government, agency,

11  person, or circumstance is held invalid, the validity of the

12  remainder of this compact and the applicability thereof to any

13  government, agency, person, or circumstance shall not be

14  affected thereby.

15         (2)  If all or some portion of this compact is held to

16  be contrary to the constitution of any party state, the

17  compact shall remain in full force and effect as to the

18  remaining party states and in full force and effect as to the

19  state affected as to all severable matters.

20         Section 44.  Subsection (9) of section 550.615, Florida

21  Statutes, is repealed.

22         Section 45.  All money or other property represented by

23  any unclaimed, uncashed, or abandoned pari-mutuel ticket that

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

25  permitholder authorized to conduct jai alai pari-mutuel pools

26  in this state for a period of 1 year after the date the

27  pari-mutuel ticket was issued, if the rightful owners thereof

28  have made no claim or demand for such money or other property

29  within that period of time, shall, with respect to live games

30  conducted by the permitholder, be remitted to the state

31  pursuant to s. 550.1645; however, such permitholder shall be


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  1  entitled to a credit in each state fiscal year in an amount

  2  equal to 25 percent of the actual amount remitted in the prior

  3  state fiscal year which may be applied against any taxes

  4  imposed under this chapter. Funds equal to such credit from

  5  any live jai alai games shall be paid by the permitholder to

  6  the National Association of Jai Alai Frontons, to be used for

  7  the general promotion of the sport of jai alai in the state,

  8  including professional tournaments and amateur jai alai youth

  9  programs. These youth programs shall focus on benefiting

10  children in after-school and anti-drug programs with special

11  attention to inner-city areas.

12         Section 46.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 2000.

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