January 18, 2020
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       Florida Senate - 2009                                    SB 2278
       By Senator Gelber
       35-01720-09                                           20092278__
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel wagering; amending s.
    3         550.334, F.S.; deleting provisions for applying to the
    4         Division of Pari-mutuel Wagering for a permit to
    5         conduct quarter horse race meetings; deleting
    6         provisions for granting a license to conduct quarter
    7         horse racing; deleting a provision for governance and
    8         control of quarter horse racing; deleting a
    9         requirement for intertrack wagering to be conducted by
   10         a quarter horse permitholder; amending s. 550.054,
   11         F.S.; prohibiting the Division of Pari-mutuel Wagering
   12         from issuing new pari-mutuel permits; providing for
   13         retroactive application; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 550.334, Florida Statutes, is amended to
   18  read:
   19         550.334 Quarter horse racing; substitutions.—
   20         (1)Subject to all the applicable provisions of this
   21  chapter, any person who possesses the qualifications prescribed
   22  in this chapter may apply to the division for a permit to
   23  conduct quarter horse race meetings and racing under this
   24  chapter. The applicant must demonstrate that the location or
   25  locations where the permit will be used are available for such
   26  use and that she or he has the financial ability to satisfy the
   27  reasonably anticipated operational expenses of the first racing
   28  year following final issuance of the permit. If the racing
   29  facility is already built, the application must contain a
   30  statement, with reasonable supporting evidence, that the permit
   31  will be used for quarter horse racing within 1 year after the
   32  date on which it is granted; if the facility is not already
   33  built, the application must contain a statement, with reasonable
   34  supporting evidence, that substantial construction will be
   35  started within 1 year after the issuance of the permit. After
   36  receipt of an application, the division shall convene to
   37  consider and act upon permits applied for. The division shall
   38  disapprove an application if it fails to meet the requirements
   39  of this chapter. Upon each application filed and approved, a
   40  permit shall be issued setting forth the name of the applicant
   41  and a statement showing qualifications of the applicant to
   42  conduct racing under this chapter. If a favorable referendum on
   43  a pari-mutuel facility has not been held previously within the
   44  county, then, before a quarter horse permit may be issued by the
   45  division, a referendum ratified by a majority of the electors in
   46  the county is required on the question of allowing quarter horse
   47  races within that county.
   48         (2)After a quarter horse racing permit has been granted by
   49  the division, the department shall grant to the lawful holder of
   50  such permit, subject to the conditions of this section, a
   51  license to conduct quarter horse racing under this chapter; and
   52  the division shall fix annually the time when, place where, and
   53  number of days upon which racing may be conducted by such
   54  quarter horse racing permitholder. After the first license has
   55  been issued to the holder of a permit for quarter horse racing,
   56  all subsequent annual applications for a license by a
   57  permitholder must be accompanied by proof, in such form as the
   58  division requires, that the permitholder still possesses all the
   59  qualifications prescribed by this chapter. The division may
   60  revoke any permit or license issued under this section upon the
   61  willful violation by the licensee of any provision of this
   62  chapter or any rule adopted by the division under this chapter.
   63  The division shall revoke any quarter horse permit under which
   64  no live racing has ever been conducted before July 7, 1990, for
   65  failure to conduct a horse meet pursuant to the license issued
   66  where a full schedule of horseracing has not been conducted for
   67  a period of 18 months commencing on October 1, 1990, unless the
   68  permitholder has commenced construction on a facility at which a
   69  full schedule of live racing could be conducted as approved by
   70  the division. “Commenced construction” means initiation of and
   71  continuous activities beyond site preparation associated with
   72  erecting or modifying a horseracing facility, including
   73  procurement of a building permit applying the use of approved
   74  construction documents, proof of an executed owner/contractor
   75  agreement or an irrevocable or binding forced account, and
   76  actual undertaking of foundation forming with steel installation
   77  and concrete placing. The 18-month period shall be extended by
   78  the division, to the extent that the applicant demonstrates to
   79  the satisfaction of the division that good faith commencement of
   80  the construction of the facility is being delayed by litigation
   81  or by governmental action or inaction with respect to
   82  regulations or permitting precluding commencement of the
   83  construction of the facility.
   84         (1)(3) The operator of any licensed racetrack is authorized
   85  to lease such track to any quarter horse racing permitholder for
   86  the conduct of quarter horse racing under this chapter.
   87         (4)Section 550.054 is inapplicable to quarter horse racing
   88  as permitted under this section. All other provisions of this
   89  chapter apply to, govern, and control such racing, and the same
   90  must be conducted in compliance therewith.
   91         (2)(5) Quarter horses participating in such races must be
   92  duly registered by the American Quarter Horse Association, and
   93  before each race such horses must be examined and declared in
   94  fit condition by a qualified person designated by the division.
   95         (3)(6) Any quarter horse racing days permitted under this
   96  chapter are in addition to any other racing permitted under the
   97  license issued the track where such quarter horse racing is
   98  conducted.
   99         (4)(7)(a) Any quarter horse racing permitholder operating
  100  under a valid permit issued by the division is authorized to
  101  substitute races of other breeds of horses, except
  102  thoroughbreds, which are, respectively, registered with the
  103  American Paint Horse Association, Appaloosa Horse Club, Arabian
  104  Horse Registry of America, Palomino Horse Breeders of America,
  105  or United States Trotting Association, for no more than 50
  106  percent of the quarter horse races daily, and may substitute
  107  races of thoroughbreds registered with the Jockey Club for no
  108  more than 50 percent of the quarter horse races daily with the
  109  written consent of all greyhound, harness, and thoroughbred
  110  permitholders whose pari-mutuel facilities are located within 50
  111  air miles of such quarter horse racing permitholder's pari
  112  mutuel facility.
  113         (b) Any permittee operating within an area of 50 air miles
  114  of a licensed thoroughbred track may not substitute thoroughbred
  115  races under this section while a thoroughbred horse race meet is
  116  in progress within that 50 miles. Any permittee operating within
  117  an area of 125 air miles of a licensed thoroughbred track may
  118  not substitute live thoroughbred races under this section while
  119  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
  120  is conducting a thoroughbred meet within that 125 miles. These
  121  mileage restrictions do not apply to any permittee that holds a
  122  nonwagering permit issued pursuant to s. 550.505.
  123         (5)(8) A quarter horse permit issued pursuant to this
  124  section is not eligible for transfer or conversion to another
  125  type of pari-mutuel operation.
  126         (6)(9) Any nonprofit corporation, including, but not
  127  limited to, an agricultural cooperative marketing association,
  128  organized and incorporated under the laws of this state may
  129  apply for a quarter horse racing permit and operate racing meets
  130  under such permit, provided all pari-mutuel taxes and fees
  131  applicable to such racing are paid by the corporation. However,
  132  insofar as its pari-mutuel operations are concerned, the
  133  corporation shall be considered to be a corporation for profit
  134  and is subject to taxation on all property used and profits
  135  earned in connection with its pari-mutuel operations.
  136         (10)Intertrack wagering shall not be authorized for any
  137  quarter horse permitholder without the written consent of all
  138  greyhound, harness, and thoroughbred permitholders whose pari
  139  mutuel facilities are located within 50 air miles of such
  140  quarter horse permitholder's pari-mutuel facility.
  141         Section 2. Subsection (14) is added to section 550.054,
  142  Florida Statutes, to read:
  143         550.054 Application for permit to conduct pari-mutuel
  144  wagering.—
  145         (14)Notwithstanding any other provision of law, the
  146  division may not issue new pari-mutuel permits pursuant to this
  147  chapter on or after January 1, 2009.
  148         Section 3. This act shall take effect July 1, 2009, except
  149  that section 1 of this act shall apply retroactively to March
  150  30, 2008, and section 2 of this act shall apply retroactively to
  151  January 2, 2000.

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