HB 1491

1	A bill to be entitled
2	An act relating to pari-mutuel permitholders; amending s.
3	550.054, F.S.; providing that no new pari-mutuel permits
4	shall be issued after a certain date; amending s. 550.334,
5	F.S.; removing provisions for application to the Division
6	of Pari-mutuel Wagering for a permit to conduct quarter
7	horse race meetings; removing provisions for granting a
8	license to conduct quarter horse racing; removing a
9	provision for governance and control of quarter horse
10	racing; removing a requirement for intertrack wagering to
11	be conducted by a quarter horse permitholder; providing
12	for retroactive application; providing effective dates.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (14) is added to section 550.054,
17	Florida Statutes, to read:
18	550.054  Application for permit to conduct pari-mutuel
19	wagering.--
20	(14)  Notwithstanding any other provision of law, no new
21	pari-mutuel permits shall be issued pursuant to this chapter on
22	or after January 1, 2009.
23	Section 2.  Effective upon this act becoming a law and
24	applicable to applications for a permit to conduct quarter horse
25	races filed with the division on or after March 30, 2008,
26	section 550.334, Florida Statutes, is amended to read:
27	550.334  Quarter horse racing; substitutions.--
28	(1)  Subject to all the applicable provisions of this
29	chapter, any person who possesses the qualifications prescribed
30	in this chapter may apply to the division for a permit to
31	conduct quarter horse race meetings and racing under this
32	chapter. The applicant must demonstrate that the location or
33	locations where the permit will be used are available for such
34	use and that she or he has the financial ability to satisfy the
35	reasonably anticipated operational expenses of the first racing
36	year following final issuance of the permit. If the racing
37	facility is already built, the application must contain a
38	statement, with reasonable supporting evidence, that the permit
39	will be used for quarter horse racing within 1 year after the
40	date on which it is granted; if the facility is not already
41	built, the application must contain a statement, with reasonable
42	supporting evidence, that substantial construction will be
43	started within 1 year after the issuance of the permit. After
44	receipt of an application, the division shall convene to
45	consider and act upon permits applied for. The division shall
46	disapprove an application if it fails to meet the requirements
47	of this chapter. Upon each application filed and approved, a
48	permit shall be issued setting forth the name of the applicant
49	and a statement showing qualifications of the applicant to
50	conduct racing under this chapter. If a favorable referendum on
51	a pari-mutuel facility has not been held previously within the
52	county, then, before a quarter horse permit may be issued by the
53	division, a referendum ratified by a majority of the electors in
54	the county is required on the question of allowing quarter horse
55	races within that county.
56	(2)  After a quarter horse racing permit has been granted
57	by the division, the department shall grant to the lawful holder
58	of such permit, subject to the conditions of this section, a
59	license to conduct quarter horse racing under this chapter; and
60	the division shall fix annually the time when, place where, and
61	number of days upon which racing may be conducted by such
62	quarter horse racing permitholder. After the first license has
63	been issued to the holder of a permit for quarter horse racing,
64	all subsequent annual applications for a license by a
65	permitholder must be accompanied by proof, in such form as the
66	division requires, that the permitholder still possesses all the
67	qualifications prescribed by this chapter. The division may
68	revoke any permit or license issued under this section upon the
69	willful violation by the licensee of any provision of this
70	chapter or any rule adopted by the division under this chapter.
71	The division shall revoke any quarter horse permit under which
72	no live racing has ever been conducted before July 7, 1990, for
73	failure to conduct a horse meet pursuant to the license issued
74	where a full schedule of horseracing has not been conducted for
75	a period of 18 months commencing on October 1, 1990, unless the
76	permitholder has commenced construction on a facility at which a
77	full schedule of live racing could be conducted as approved by
78	the division. "Commenced construction" means initiation of and
79	continuous activities beyond site preparation associated with
80	erecting or modifying a horseracing facility, including
81	procurement of a building permit applying the use of approved
82	construction documents, proof of an executed owner/contractor
83	agreement or an irrevocable or binding forced account, and
84	actual undertaking of foundation forming with steel installation
85	and concrete placing. The 18-month period shall be extended by
86	the division, to the extent that the applicant demonstrates to
87	the satisfaction of the division that good faith commencement of
88	the construction of the facility is being delayed by litigation
89	or by governmental action or inaction with respect to
90	regulations or permitting precluding commencement of the
91	construction of the facility.
92	(1)(3)  The operator of any licensed racetrack is
93	authorized to lease such track to any quarter horse racing
94	permitholder for the conduct of quarter horse racing under this
95	chapter.
96	(4)  Section 550.054 is inapplicable to quarter horse
97	racing as permitted under this section. All other provisions of
98	this chapter apply to, govern, and control such racing, and the
99	same must be conducted in compliance therewith.
100	(2)(5)  Quarter horses participating in such races must be
101	duly registered by the American Quarter Horse Association, and
102	before each race such horses must be examined and declared in
103	fit condition by a qualified person designated by the division.
104	(3)(6)  Any quarter horse racing days permitted under this
105	chapter are in addition to any other racing permitted under the
106	license issued the track where such quarter horse racing is
107	conducted.
108	(4)(7)(a)  Any quarter horse racing permitholder operating
109	under a valid permit issued by the division is authorized to
110	substitute races of other breeds of horses, except
111	thoroughbreds, which are, respectively, registered with the
112	American Paint Horse Association, Appaloosa Horse Club, Arabian
113	Horse Registry of America, Palomino Horse Breeders of America,
114	or United States Trotting Association, for no more than 50
115	percent of the quarter horse races daily, and may substitute
116	races of thoroughbreds registered with the Jockey Club for no
117	more than 50 percent of the quarter horse races daily with the
118	written consent of all greyhound, harness, and thoroughbred
119	permitholders whose pari-mutuel facilities are located within 50
120	air miles of such quarter horse racing permitholder's pari-
121	mutuel facility.
122	(b)  Any permittee operating within an area of 50 air miles
123	of a licensed thoroughbred track may not substitute thoroughbred
124	races under this section while a thoroughbred horse race meet is
125	in progress within that 50 miles. Any permittee operating within
126	an area of 125 air miles of a licensed thoroughbred track may
127	not substitute live thoroughbred races under this section while
128	a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
129	is conducting a thoroughbred meet within that 125 miles. These
130	mileage restrictions do not apply to any permittee that holds a
131	nonwagering permit issued pursuant to s. 550.505.
132	(5)(8)  A quarter horse permit issued pursuant to this
133	section is not eligible for transfer or conversion to another
134	type of pari-mutuel operation.
135	(6)(9)  Any nonprofit corporation, including, but not
136	limited to, an agricultural cooperative marketing association,
137	organized and incorporated under the laws of this state may
138	apply for a quarter horse racing permit and operate racing meets
139	under such permit, provided all pari-mutuel taxes and fees
140	applicable to such racing are paid by the corporation. However,
141	insofar as its pari-mutuel operations are concerned, the
142	corporation shall be considered to be a corporation for profit
143	and is subject to taxation on all property used and profits
144	earned in connection with its pari-mutuel operations.
145	(10)  Intertrack wagering shall not be authorized for any
146	quarter horse permitholder without the written consent of all
147	greyhound, harness, and thoroughbred permitholders whose pari-
148	mutuel facilities are located within 50 air miles of such
149	quarter horse permitholder's pari-mutuel facility.
150	Section 3.  Except as otherwise expressly provided in this
151	act, this act shall take effect July 1, 2009.

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