Senate Bill sb2522

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    Florida Senate - 2005                                  SB 2522

    By Senator Argenziano





    3-753-05

  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 550.26165, F.S.; providing that

  4         breeders' awards and stallion awards are

  5         available to breeders of Florida-bred horses

  6         participating in horseraces and stakes races;

  7         providing that such awards are given uniform

  8         rates; revising the requirements of such

  9         awards; providing that rates for such awards

10         are established in an annual plan; providing

11         that a cap on winnings may limit, exclude, or

12         defer payment on certain classes of races of

13         stallion and breeders' awards; deleting the

14         provision that gives priority to imposing such

15         restrictions related to the cap on winnings;

16         providing that a breeders' associations' plan

17         may be amended under certain circumstances;

18         amending s. 550.2625, F.S.; increasing the

19         percentage amount that a certain permitholder

20         may withhold from the handle on exotic wagering

21         for use as overnight purses; providing that a

22         certain percentage of the purse account,

23         notwithstanding how it is generated, be used

24         for the Florida owners' awards; deleting the

25         provision that exempts certain permitholders

26         from the requirement of using a percentage of

27         purse account for Florida owners' awards;

28         authorizing the breeder of a Florida-bred

29         thoroughbred horse that participates in a

30         horserace to receive an award up to a specified

31         amount; authorizing the owner of the sire of a

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    Florida Senate - 2005                                  SB 2522
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 1         Florida-bred thoroughbred horse that

 2         participates in a stakes race to receive a

 3         stallion award up to a specified amount;

 4         requiring the Florida Thoroughbred Breeders'

 5         Association to establish eligibility

 6         requirements for payment of stallion awards;

 7         revising the eligibility requirements;

 8         conforming to changes made by the act;

 9         requiring the Florida Thoroughbred Breeders'

10         Association to adopt a plan that establishes a

11         uniform rate and procedure for the payment of

12         breeders' and stallion awards; deleting certain

13         requirements for the plan; requiring that

14         certain funds be used for payment of Florida

15         owners' awards in the absence of a written

16         agreement that establishes rate, procedure, and

17         eligibility requirements; providing

18         severability; providing effective dates.

19  

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

21  

22         Section 1.  Subsections (1), (2), and (3) of section

23  550.26165, Florida Statutes, are amended to read:

24         550.26165  Breeders' awards.--

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

26  agricultural activity of breeding and training racehorses in

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

28  breeders' awards and stallion awards are to be used for awards

29  to breeders of registered Florida-bred horses participating in

30  winning horseraces and for similar awards to the owners of

31  stallions who sired Florida-bred horses participating in

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    Florida Senate - 2005                                  SB 2522
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 1  winning stakes races, if the stallions are registered as

 2  Florida stallions standing in this state.

 3         (a)  Such awards shall be given at a uniform rates rate

 4  to all winners of the awards and may, shall not be greater

 5  than 20 percent of the announced gross purse, and shall not be

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

 7  available. Such rates will be established in the annual plan

 8  adopted pursuant to subsection (2) and may vary based upon the

 9  place of the finish and class of race. In addition, No less

10  than 17 percent nor more than 40 percent, as determined by the

11  Florida Thoroughbred Breeders' Association, of the moneys

12  dedicated in this chapter for use as breeders' awards and

13  stallion awards for thoroughbreds shall be returned pro rata

14  to the permitholders that generated the moneys for special

15  racing awards to be distributed by the permitholders to owners

16  of thoroughbred horses participating in prescribed

17  thoroughbred stakes races, nonstakes races, or both, all in

18  accordance with a written agreement establishing the rate,

19  procedure, and eligibility requirements for such awards

20  entered into by the permitholder, the Florida Thoroughbred

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

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

23  distribution by any permitholder located in the area described

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

25  the Florida Thoroughbred Breeders' Association, and the

26  association representing a majority of the thoroughbred

27  racehorse owners and trainers at that location.

28         (b)  Awards for thoroughbred races are to be paid

29  through the Florida Thoroughbred Breeders' Association, and

30  awards for standardbred races are to be paid through the

31  Florida Standardbred Breeders and Owners Association.

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 1         (c)  Among other sources specified in this chapter,

 2  moneys for thoroughbred breeders' awards will come from the

 3  0.955 percent of handle for thoroughbred races conducted,

 4  received, broadcast, or simulcast under this chapter as

 5  provided in s. 550.2625(3). The moneys for quarter horse and

 6  harness breeders' awards will come from the breaks and

 7  uncashed tickets on live quarter horse and harness racing

 8  performances and 1 percent of handle on intertrack wagering.

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

10  respective breeders' associations by the permitholders

11  conducting the races.

12         (2)  Each breeders' association shall develop a plan

13  each year that will provide for a uniform rate of payment and

14  procedure for breeders' and stallion awards. The plan for

15  payment of breeders' and stallion awards may set a cap on

16  winnings and may limit, exclude, or defer payment payments on

17  certain classes of races of stallion awards, breeders' awards,

18  or both., such as the Florida stallion stakes races, in order

19  to assure that there are adequate revenues to meet the

20  proposed uniform rate. Priority shall be placed on imposing

21  such restrictions in lieu of allowing the uniform rate for

22  breeders' and stallion awards to be less than 15 percent of

23  the total purse payment. The plan must provide for the maximum

24  possible payments within revenues.

25         (3)  Breeders' associations shall submit their plans to

26  the division at least 60 days before the beginning of the

27  payment year.  The payment year may be a calendar year or any

28  12-month period, but once established, the yearly base may not

29  be changed except for compelling reasons. Once a plan is

30  approved, the division may not allow the plan to be amended

31  during the year unless such amendment is deemed by the

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    Florida Senate - 2005                                  SB 2522
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 1  division to be in the best interests of the thoroughbred

 2  breeding industry, except for the most compelling reasons.

 3         Section 2.  Effective July 1, 2007, paragraphs (a) and

 4  (e) of subsection (2), paragraphs (a), (b), (c), (e), (f),

 5  (g), and (h) of subsection (3), and subsection (6) of section

 6  550.2625, Florida Statutes, are amended to read:

 7         550.2625  Horseracing; minimum purse requirement,

 8  Florida breeders' and owners' awards.--

 9         (2)  Each permitholder conducting a horserace meet is

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

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

12  performed.

13         (a)  A permitholder conducting a thoroughbred horse

14  race meet under this chapter must pay from the takeout

15  withheld a sum not less than 7.75 percent of all contributions

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

17  In addition to the 7.75 percent minimum purse payment,

18  permitholders conducting live thoroughbred performances shall

19  be required to pay as additional purses .625 percent of live

20  handle for performances conducted during the period beginning

21  on January 3 and ending March 16; .225 percent for

22  performances conducted during the period beginning March 17

23  and ending May 22; and .85 percent for performances conducted

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

25  Except that any thoroughbred permitholder whose total handle

26  on live performances during the 1991-1992 state fiscal year

27  was not greater than $34 million is not subject to this

28  additional purse payment. A permitholder authorized to conduct

29  thoroughbred racing may withhold from the handle an additional

30  amount equal to 3 1 percent on exotic wagering for use as

31  owners' awards, and may withhold from the handle an amount

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    Florida Senate - 2005                                  SB 2522
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 1  equal to 2 percent on exotic wagering for use as overnight

 2  purses.  No permitholder may withhold in excess of 20 percent

 3  from the handle without withholding the amounts set forth in

 4  this subsection.

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

 6  account generated through intertrack wagering and interstate

 7  simulcasting will be used for Florida owners' awards Owners'

 8  Awards as set forth in subsection (6) (3). The purse account

 9  shall include all sources of purse funds, including funds

10  derived from pari-mutuel wagering, cardrooms, slot machines,

11  and any other form of gaming. Any thoroughbred permitholder

12  with an average blended takeout which does not exceed 20

13  percent and with an average daily purse distribution excluding

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

15  exempt from the provisions of this paragraph.

16         (3)  Each horseracing permitholder conducting any

17  thoroughbred race under this chapter, including any intertrack

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

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

20  equal to 0.955 percent on all pari-mutuel pools conducted

21  during any such race for the payment of breeders', stallion,

22  or special racing awards as authorized in this chapter. This

23  subsection also applies to all Breeder's Cup races conducted

24  outside this state taken pursuant to s. 550.3551(3). On any

25  race originating live in this state which is broadcast

26  out-of-state to any location at which wagers are accepted

27  pursuant to s. 550.3551(2), the host track is required to pay

28  3.475 percent of the gross revenue derived from such

29  out-of-state broadcasts as breeders', stallion, or special

30  racing awards. The Florida Thoroughbred Breeders' Association

31  is authorized to receive these payments from the permitholders

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    Florida Senate - 2005                                  SB 2522
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 1  and make payments of awards earned. The Florida Thoroughbred

 2  Breeders' Association has the right to withhold up to 10

 3  percent of the permitholder's payments under this section as a

 4  fee for administering the payments of awards and for general

 5  promotion of the industry. The permitholder shall remit these

 6  payments to the Florida Thoroughbred Breeders' Association by

 7  the 5th day of each calendar month for such sums accruing

 8  during the preceding calendar month and shall report such

 9  payments to the division as prescribed by the division. With

10  the exception of the 10-percent fee, the moneys paid by the

11  permitholders shall be maintained in a separate,

12  interest-bearing account, and such payments together with any

13  interest earned shall be used exclusively for the payment of

14  breeders', stallion, or special racing awards in accordance

15  with the following provisions:

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

17  horse participating in winning a thoroughbred horse race may

18  receive is entitled to an award of up to, but not exceeding,

19  20 percent of the announced gross purse, including nomination

20  fees, eligibility fees, starting fees, supplementary fees, and

21  moneys added by the sponsor of the race.

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

23  thoroughbred horse that participates in wins a stakes race may

24  receive is entitled to a stallion award of up to, but not

25  exceeding, 20 percent of the announced gross purse, including

26  nomination fees, eligibility fees, starting fees,

27  supplementary fees, and moneys added by the sponsor of the

28  race.

29         (c)  The owners of thoroughbred horses participating in

30  thoroughbred stakes races, nonstakes races, or both may

31  receive a special racing award in accordance with the

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 1  agreement established pursuant to s. 550.26165(1)(b) s.

 2  550.26165(1).

 3         (e)  As part of its annual awards plan adopted pursuant

 4  to s. 550.26165, the Florida Thoroughbred Breeders'

 5  Association shall establish eligibility requirements for the

 6  payment of stallion awards. Such requirements shall include

 7  registration of the stallion and the Florida-bred thoroughbred

 8  horse participating in the stakes race with the Florida

 9  Thoroughbred Breeders' Association; may condition eligibility

10  on the period of time during which the sire is standing in

11  this state; and may except from such standing requirements

12  stallions leaving the state exclusively for prescribed medical

13  treatment. In order for an owner of the sire of a thoroughbred

14  horse winning a stakes race to be eligible to receive a

15  stallion award, the stallion must have been registered with

16  the Florida Thoroughbred Breeders' Association, and the

17  breeding of the registered Florida-bred horse must have

18  occurred in this state. The stallion must be standing

19  permanently in this state during the period of time between

20  February 1 and June 15 of each year or, if the stallion is

21  dead, must have stood permanently in this state for a period

22  of not less than 1 year immediately prior to its death. The

23  removal of a stallion from this state during the period of

24  time between February 1 and June 15 of any year for any

25  reason, other than exclusively for prescribed medical

26  treatment, as approved by the Florida Thoroughbred Breeders'

27  Association, renders the owner or owners of the stallion

28  ineligible to receive a stallion award under any circumstances

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

30  stallion is returned to this state, all offspring sired

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

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 1  stallion eligible for the stallion award but only for those

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

 3  Florida Thoroughbred Breeders' Association shall maintain

 4  complete records showing the date the stallion arrived in this

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

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

 7  whether the stallion is still standing in this state and

 8  complete records showing awards earned, received, and

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

10  breeder a reasonable fee for this service.

11         (f)  A permitholder conducting a thoroughbred horse

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

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

14  conducted, certify to the Florida Thoroughbred Breeders'

15  Association such information relating to the thoroughbred

16  horses participating in winning a stakes or other horserace at

17  the meet as may be required to determine the eligibility for

18  payment of breeders', stallion, and special racing awards.

19         (g)  The Florida Thoroughbred Breeders' Association

20  shall maintain complete records showing the horses

21  participating starters and winners in all races conducted at

22  thoroughbred tracks in this state; shall maintain complete

23  records showing awards earned, received, and distributed; and

24  may charge the owner, owners, or breeder a reasonable fee for

25  this service.

26         (h)  The Florida Thoroughbred Breeders' Association

27  shall annually adopt a plan pursuant to s. 550.26165

28  establishing establish a uniform rate and procedure for the

29  payment of breeders' and stallion awards and shall make

30  breeders' and stallion award payments in strict compliance

31  with the established uniform rate and procedure plan. The plan

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 1  may set a cap on winnings and may limit, exclude, or defer

 2  payments to certain classes of races, such as the Florida

 3  stallion stakes races, in order to assure that there are

 4  adequate revenues to meet the proposed uniform rate. Such plan

 5  must include proposals for the general promotion of the

 6  industry. Priority shall be placed upon imposing such

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

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

 9  and procedure plan must be approved by the division before

10  implementation. In the absence of an approved plan and

11  procedure, the authorized rate for breeders' and stallion

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

13  race. Such purse must include nomination fees, eligibility

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

15  the sponsor of the race. If the funds in the account for

16  payment of breeders' and stallion awards are not sufficient to

17  meet all earned breeders' and stallion awards, those breeders

18  and stallion owners not receiving payments have first call on

19  any subsequent receipts in that or any subsequent year.

20         (6)(a)  In the absence of a written agreement, on file

21  with the division, which establishes the rate, procedure, and

22  eligibility requirements for Florida owners' awards and which

23  is entered into by the permitholder, the association

24  representing a majority of the racehorse owners and trainers

25  at that location, and the breeders' association, the funds

26  described in paragraph (e) of subsection (2) shall The takeout

27  may be used for the payment of Florida owners' awards to

28  owners of registered Florida-bred horses placing first in a

29  claiming race, an allowance race, a maiden special race, or a

30  stakes race in which the announced purse, exclusive of entry

31  and starting fees and added moneys, does not exceed $40,000.

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 1         (b)  The permitholder shall determine for each

 2  qualified race the amount of the owners' award for which a

 3  registered Florida-bred horse will be eligible.  The amount of

 4  the available owners' award shall be established in the same

 5  manner in which purses are established and shall be published

 6  in the condition book for the period during which the race is

 7  to be conducted.  No single award may exceed 50 percent of the

 8  gross purse for the race won.

 9         (c)  If the moneys generated under paragraph (a) during

10  the meet exceed the owners' awards earned during the meet, the

11  excess funds shall be held in a separate interest-bearing

12  account, and the total interest and principal shall be used to

13  increase the owners' awards during the permitholder's next

14  meet.

15         (d)  Breeders' awards authorized by subsections (3) and

16  (4) may not be paid on Florida owners' awards.

17         Section 3.  If any provision of this act or its

18  application to any person or circumstance is held invalid, the

19  invalidity does not affect other provisions or applications of

20  the act which can be given effect without the invalid

21  provision or application, and to this end the provisions of

22  this act are severable.

23         Section 4.  Except as otherwise expressly provided in

24  this act, this act shall take effect upon becoming a law.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that breeders' awards and stallion awards are
      available to breeders of Florida-bred horses
 4    participating in horseraces and stakes races. Revises the
      requirements of such awards. Provides that a cap on
 5    winnings may limit, exclude, or defer payment on certain
      classes of races of stallion and breeders' awards.
 6    Deletes the provision that gives priority to imposing
      such restrictions related to the cap on winnings.
 7    Provides that a breeders' associations' plan may be
      amended under certain circumstances. Increases the
 8    percentage amount that a certain permitholder may
      withhold from the handle on exotic wagering for use as
 9    overnight purses. Provides that a certain percentage
      amount of the purse account, notwithstanding how it is
10    generated, be used for the Florida owners' awards.
      Deletes the provision that exempts certain permitholders
11    from the requirement of using a percentage of purse
      account for Florida owners' awards. Authorizes the
12    breeder of a Florida-bred thoroughbred horse that
      participates in a horserace to receive an award up to a
13    specified amount. Authorizes the owner of the sire of a
      Florida-bred thoroughbred horse that participates in a
14    stakes race to receive a stallion award up to a specified
      amount. Requires the Florida Thoroughbred Breeders'
15    Association to establish eligibility requirements for
      payment of stallion awards. Requires the Florida
16    Thoroughbred Breeders' Association to adopt a plan that
      establishes a uniform rate and procedure for the payment
17    of breeders' and stallion awards. Requires that certain
      funds be used for payment of Florida owners' awards in
18    the absence of a written agreement that establishes rate,
      procedure, and eligibility requirements. (See bill for
19    details.)

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