| 1 | A bill to be entitled |
| 2 | An act relating to pari-mutuel wagering; amending s. |
| 3 | 550.26165, F.S.; providing for certain flexibility in the |
| 4 | awards programs of the Florida Thoroughbred Breeders' |
| 5 | Association in order to attract thoroughbred breeding and |
| 6 | training operations; prohibiting the association from |
| 7 | giving certain awards under certain circumstances; |
| 8 | amending s. 550.2625, F.S.; clarifying provisions relating |
| 9 | to owners' awards; amending s. 550.5251, F.S.; providing |
| 10 | an exception to requirements relating to required races |
| 11 | for thoroughbred permitholders; providing an effective |
| 12 | date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsection (5) is added to section 550.26165, |
| 17 | Florida Statutes, to read: |
| 18 | 550.26165 Breeders' awards.-- |
| 19 | (5)(a) The awards programs in this chapter, which are |
| 20 | intended to encourage thoroughbred breeding and training |
| 21 | operations to locate in this state, must be responsive to |
| 22 | rapidly changing incentive programs in other states. To attract |
| 23 | such operations, it is appropriate to provide greater |
| 24 | flexibility to thoroughbred industry participants in this state |
| 25 | so that they may design competitive awards programs. |
| 26 | (b) Notwithstanding any other provision of law to the |
| 27 | contrary, the Florida Thoroughbred Breeders' Association, as |
| 28 | part of its annual plan, may: |
| 29 | 1. Pay breeders' awards on horses finishing in first, |
| 30 | second, or third place in thoroughbred horse races; pay |
| 31 | breeders' awards that are greater than 20 percent and less than |
| 32 | 15 percent of the announced gross purse; and vary the rates for |
| 33 | breeders' awards, based upon the place of finish, class of race, |
| 34 | state or country in which the race took place, and the state in |
| 35 | which the stallion siring the horse was standing when the horse |
| 36 | was conceived; |
| 37 | 2. Pay stallion awards on horses finishing in first, |
| 38 | second, or third place in thoroughbred horse races; pay stallion |
| 39 | awards that are greater than 20 percent and less than 15 percent |
| 40 | of the announced gross purse; reduce or eliminate stallion |
| 41 | awards to enhance breeders' awards or awards under subparagraph |
| 42 | 3; and vary the rates for stallion awards, based upon the place |
| 43 | of finish, class of race, and state or country in which the race |
| 44 | took place; and |
| 45 | 3. Pay awards from the funds dedicated for breeders' |
| 46 | awards and stallion awards to owners of registered Florida-bred |
| 47 | horses finishing in first, second, or third place in |
| 48 | thoroughbred horse races in this state, without regard to any |
| 49 | awards paid pursuant to s. 550.2625(6). |
| 50 | (c) Breeders' awards or stallion awards under this chapter |
| 51 | may not be paid on thoroughbred horse races taking place in |
| 52 | other states or countries unless agreed to in writing by all |
| 53 | thoroughbred permitholders in this state, the Florida |
| 54 | Thoroughbred Breeders' Association, and the Florida Horsemen's |
| 55 | Benevolent and Protective Association, Inc. |
| 56 | Section 2. Paragraph (e) is added to subsection (6) of |
| 57 | section 550.2625, Florida Statutes, to read: |
| 58 | 550.2625 Horseracing; minimum purse requirement, Florida |
| 59 | breeders' and owners' awards.-- |
| 60 | (6) |
| 61 | (e) This subsection governs owners' awards paid on |
| 62 | thoroughbred horse races only in this state, unless a written |
| 63 | agreement is filed with the division establishing the rate, |
| 64 | procedures, and eligibility requirements for owners' awards, |
| 65 | including place of finish, class of race, maximum purse, and |
| 66 | maximum award, and the agreement is entered into by the |
| 67 | permitholder, the Florida Thoroughbred Breeders' Association, |
| 68 | and the association representing a majority of the racehorse |
| 69 | owners and trainers at the permitholder's location. |
| 70 | Section 3. Paragraph (a) of subsection (5) of section |
| 71 | 550.5251, Florida Statutes, is amended to read: |
| 72 | 550.5251 Florida thoroughbred racing; certain permits; |
| 73 | operating days.-- |
| 74 | (5)(a) Each licensed thoroughbred permitholder in this |
| 75 | state must run an average of one race per racing day in which |
| 76 | horses bred in this state and duly registered with the Florida |
| 77 | Thoroughbred Breeders' Association have preference as entries |
| 78 | over non-Florida-bred horses, unless otherwise agreed to in |
| 79 | writing by the permitholder, the Florida Thoroughbred Breeders' |
| 80 | Association, and the association representing a majority of the |
| 81 | thoroughbred racehorse owners and trainers at that location. All |
| 82 | licensed thoroughbred racetracks shall write the conditions for |
| 83 | such races in which Florida-bred horses are preferred so as to |
| 84 | assure that all Florida-bred horses available for racing at such |
| 85 | tracks are given full opportunity to run in the class of races |
| 86 | for which they are qualified. The opportunity of running must be |
| 87 | afforded to each class of horses in the proportion that the |
| 88 | number of horses in this class bears to the total number of |
| 89 | Florida-bred horses available. A track is not required to write |
| 90 | conditions for a race to accommodate a class of horses for which |
| 91 | a race would otherwise not be run at the track during its meet |
| 92 | meeting. |
| 93 | Section 4. This act shall take effect July 1, 2009. |