Meeting Packet — Florida House of Representatives Commerce Committee (March 17, 2025)
Summary
The meeting packet of the Florida House of Representatives Commerce Committee for Monday, March 17, 2025, 4:00 PM - 6:00 PM. The agenda lists HB 11 Municipal Water and Sewer Utility Rates, CS/HB 367 Home and Service Warranty Association Financial Requirements, HB 655 Pet Insurance and Wellness Programs and HB 6015 Limitation of Size of Individual Wine Containers, plus PCS for CS/HB 105 Thoroughbred Permitholders. The packet includes a bill analysis of HB 11, which provides an effective date of July 1, 2025, and a bill analysis of CS/HB 367, whose effective date is January 1, 2026.
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Commerce Committee
Monday, March 17, 2025
4:00 PM - 6:00 PM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
The Florida House of Representatives
Commerce Committee
Daniel Perez James Buchanan
Speaker Chair
Meeting Agenda
Monday, March 17, 2025
4:00 pm – 6:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 11 Municipal Water and Sewer Utility Rates by Robinson, F.
• CS/HB 367 Home and Service Warranty Association Financial Requirements by
Insurance & Banking Subcommittee, Conerly
• HB 655 Pet Insurance and Wellness Programs by Tuck
• HB 6015 Limitation of Size of Individual Wine Containers by Oliver
Consideration of the following bill(s) with proposed committee substitute(s):
• PCS for CS/HB 105 -- Thoroughbred Permitholders
V. Closing Remarks
VI. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 11
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 11 COMPANION BILL: SB 202 (Jones)
TITLE: Municipal Water and Sewer Utility Rates LINKED BILLS: None
SPONSOR(S): Robinson, F. RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
18 Y, 0 N 16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill states that a municipality which operates a water or sewer utility outside its municipal boundaries must
charge consumers outside its boundaries the same rates, fees, and charges as it charges consumers within its
boundaries if:
The consumers are located in a separate municipality, and
The municipality providing service uses a water or sewer treatment plant located in the separate
municipality to serve those consumers.
Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on certain local government revenues.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that a municipally owned utility which provides water or sewer services outside of its municipal
boundaries must charge consumers outside its boundaries the same rates, fees, and charges as it charges
consumers within its boundaries if:
The consumers are located in a separate municipality, and
The municipality providing service uses a water or sewer treatment plant located in the separate
municipality to serve those consumers. (Section 1).
The bill provides an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have a negative fiscal impact on municipalities which own and operate water or sewer utilities and
serve consumers located in another municipality with facilities located in the recipient municipality, as it reduces
the amount that those municipal water and sewer utilities that use such facilities can charge such consumers.
PRIVATE SECTOR:
The bill may result in cost savings for certain municipal water and sewer utility consumers located outside of
municipal boundaries.
STORAGE NAME: h0011d.COM
DATE: 3/14/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Municipally Owned Utilities
Pursuant to Art. VIII, s. 2(b), of the Florida Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may exercise any power for municipal purposes, except when expressly
prohibited by law.1 The legislative body of each municipality has the power to enact legislation on any subject upon
which the state Legislature may act with certain exceptions.2 Under their home rule power and as otherwise
provided or limited by law or agreement, municipalities may provide utilities to citizens and entities within the
municipality’s corporate boundaries, in unincorporated areas, and even in other municipalities.
Municipalities are authorized by general law to provide water and sewer utility services.3 With respect to public
works projects, including water and sewer utility services,4 municipalities may extend and execute their corporate
powers outside of their corporate limits as “desirable or necessary for the promotion of the public health, safety
and welfare.”5 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality.6 However, it may permit any other municipality and the owners of lands outside its
corporate limits or within the limits of another municipality to connect with its water and sewer utility facilities
and use its services upon agreed terms and conditions.7 An informal study conducted in 2014 indicated that
approximately 250 municipalities provided water service and approximately 220 municipalities provided
wastewater service. Of these municipalities, the study found that approximately 140 provided water and/or
wastewater services to consumers outside of their municipal boundaries, which may have included consumers in
unincorporated areas of counties or in other municipalities.8 These utility systems are exempt from the jurisdiction
of the Florida Public Service Commission.9
Municipal Utility Rates, Fees, and Charges Outside of Municipal Boundaries
A municipality that operates a water or sewer utility outside of its municipal boundaries may impose higher rates,
fees, and charges on consumers receiving service outside of its corporate boundaries as compared to the rates,
fees, and charges imposed on consumers within its boundaries. The municipality can accomplish this in two ways:
First, for consumers outside of its boundaries, it may add a surcharge of up to 25 percent of the rates, fees,
and charges imposed on consumers within its boundaries. This mechanism does not require a public
hearing.10
Second, it may set separate rates, fees, and charges for consumers outside its boundaries based on the same
factors used to set rates for consumers within its boundaries. It may add a surcharge of up to 25 percent of
1 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political subdivisions
is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation, merger,
and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited by the
constitution; any subject expressly preempted to state or county government by the constitution or by general law; and any
subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection and
disposal of sewage, including wastewater reuse, and other liquid wastes;” and “construct reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works,
collection systems, treatment and disposal works” to accomplish these purposes.
4 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water flow
and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas plants and
distribution systems, and related facilities.
5 S. 180.02(2), F.S.
6 Id.
7 S. 180.19, F.S.
8 Analysis of House Bill 813 (2014), Florida House of Representatives.
9 S. 367.022(2), F.S.
10 S. 180.191(1)(a), F.S.
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2
these charges, provided that the total of all such rates, fees, and charges for service to consumers outside its
boundaries may not exceed the total charges to consumers within its boundaries by more than 50 percent
for corresponding service. Rates set in this manner require a public hearing at which all users served or to
be served by the water or sewer utilities and all other interested persons will have an opportunity to be
heard concerning the proposed rates. 11
There is no central repository for information concerning municipal water or sewer service rates that identifies
municipalities that impose higher rates on consumers outside of the municipal boundaries, the specific mechanism
used by such municipalities to establish such rates, or the level of any additional charge or surcharge imposed.
Additional Relevant Information
Art. VII, s. 18(b), of the Florida Constitution states that the legislature may not enact any law that would reduce the
authority municipalities or counties have to raise revenues in the aggregate, except upon approval of two-thirds of
the membership of each house of the legislature.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 18 Y, 0 N 3/5/2025 Keating Bauldree
Subcommittee
Intergovernmental Affairs 16 Y, 0 N 3/12/2025 Darden Burgess
Subcommittee
Commerce Committee Hamon Bauldree
11 S. 180.191(1)(b), F.S.
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3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 11 2025
1 A bill to be entitled
2 An act relating to municipal water and sewer utility
3 rates; amending s. 180.191, F.S.; requiring a
4 municipality to charge consumers receiving its utility
5 services in another municipality the same rates, fees,
6 and charges as it charges consumers within its own
7 municipal boundaries under certain circumstances;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (2), (3), and (4) of section
13 180.191, Florida Statutes, are renumbered as subsections (3),
14 (4), and (5), respectively, subsection (1) is amended, and a new
15 subsection (2) is added to that section, to read:
16 180.191 Limitation on rates charged consumer outside city
17 limits.—
18 (1) Any municipality within this the state that operates
19 operating a water or sewer utility outside of the boundaries of
20 the such municipality shall charge consumers outside the
21 boundaries rates, fees, and charges determined in one of the
22 following manners:
23 (a) It may charge the same rates, fees, and charges as
24 consumers inside the municipal boundaries. However, in addition
25 thereto, the municipality may add a surcharge of not more than
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26 25 percent of such rates, fees, and charges to consumers outside
27 the boundaries, except as provided in subsection (2). Fixing of
28 the such rates, fees, and charges in this manner does shall not
29 require a public hearing except as may be provided for service
30 to consumers inside the municipality.
31 (b) It may charge rates, fees, and charges that are just
32 and equitable and that which are based on the same factors used
33 in fixing the rates, fees, and charges for consumers inside the
34 municipal boundaries, except as provided in subsection (2). In
35 addition thereto, the municipality may add a surcharge not to
36 exceed 25 percent of the such rates, fees, and charges for said
37 services to consumers outside the boundaries. However, the total
38 of all the such rates, fees, and charges for the services to
39 consumers outside the boundaries may shall not be more than 50
40 percent in excess of the total amount the municipality charges
41 consumers served within the municipality for corresponding
42 service. The No Such rates, fees, and charges may not shall be
43 fixed until after a public hearing at which all of the users of
44 the water or sewer systems; owners, tenants, or occupants of
45 property served or to be served thereby; and all others
46 interested shall have had an opportunity to be heard concerning
47 the proposed rates, fees, and charges. Any change or revision of
48 the such rates, fees, or charges may be made in the same manner
49 as the such rates, fees, or charges were originally established,
50 but if a such change or revision is to be made substantially pro
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51 rata as to all classes of service, both inside and outside the
52 municipality, a no hearing or notice is not shall be required.
53 (2) Any municipality within this state that operates a
54 water or sewer utility providing service to consumers within the
55 boundaries of a separate municipality using a water treatment
56 plant or sewer treatment plant located within the boundaries of
57 that separate municipality shall charge consumers in the
58 separate municipality the same rates, fees, and charges as it
59 charges the consumers within its own municipal boundaries.
60 Section 2. This act shall take effect July 1, 2025.
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hb11-00
CS/HB 367
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 367 COMPANION BILL: CS/SB 282 (Truenow)
TITLE: Home and Service Warranty Association LINKED BILLS: None
Financial Requirements RELATED BILLS: None
SPONSOR(S): Conerly
Committee References
Insurance & Banking Commerce
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill allows both home warranty associations and service warranty associations to satisfy financial
requirements using one or more contractual liability insurance policies from multiple insurers rather than only
permitting a single contractual liability policy.
Additionally, the bill reduces the amount of information a service warranty association must file to document its
eligibility for an exemption from reserve or contracting requirements.
The bill specifies that contracts covering accidental damage from handling must be backed by a contractual liability
policy, except for associations exempt from reserve and insurance requirements under specific statutory
provisions.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill allows home warranty associations and service warranty associations to satisfy financial requirements
using one or more contractual liability insurance policies from multiple insurers. (Section 1 and 2).
Additionally, the bill allows a service warranty association to document its parent company's required net worth
by submitting one of the following, rather than both:
Audited financial statements, or
SEC filings (or equivalent forms from a recognized stock exchange). (Section 2).
The bill requires that all contracts providing coverage for accidental damage from handling be backed by a
contractual liability policy as referenced in existing law. However, an exception is made for associations that are
not required to establish an unearned premium reserve or maintain contractual liability insurance under specific
statutory provisions. (Section 3).
The effective date of the bill is January 1, 2026. (Section 4).
STORAGE NAME: h0367b.COM
DATE: 3/14/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
A warranty is an assurance that a manufacturer or seller makes about the condition of its product.1 A warranty
means that a manufacturer or seller will replace or repair the product under certain instances. A warranty can be
either express or implied.2
An express warranty is a verbal or written assurance for the product.3 On the other hand, an implied warranty is an
unstated assurance that the product is made for its intended purpose.4 An implied warranty is in addition to an
express warranty. However, an implied warranty may be negated or limited by an express warranty. There is no
implied warranty if a seller states that the product is “as is”, “with all faults”, or similar language.5
The Office of Insurance Regulation (OIR)
Warranty associations and companies in Florida, including those associations selling home and service warranties,
and those companies selling motor vehicle service agreements, are regulated by the Office of Insurance Regulation
(OIR).6 OIR regulates the insurance industry in Florida. OIR is responsible for the regulation of all activities in the
state concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct,
claims, issuance of certificates of authority, solvency, viatical settlements, premium financing, and administrative
supervision.7
While warranties are not considered traditional insurance products, OIR regulates warranty associations and
companies similarly to the way in which it regulates insurers.8 Home and service warranty associations must be
licensed by OIR9 and must maintain certain minimum financial standards in order to do warranty business in
Florida.10
Home Warranties
A home warranty is a contract or agreement between the homeowner and the issuing company, safeguarding the
homeowner from expenses related to the repair or replacement of structural components or appliances in the
home.11 This protection extends to issues caused by normal wear and tear or defects in these components or
appliances.12
Home warranty contracts or agreements can be drafted by a Home Warranty Association licensed under s.
634.303, F.S., or by an authorized insurance company permitted to offer coverage in this category.13
1 s. 681.102(22), F.S.
2 45 Fla. Jur 2d Sales and Exchanges of Goods § 156.
3 “An express warranty is created by an affirmation of fact or promise made by the seller to the buyer that relates to the goods, by any
description of the goods that is made part of the basis of the bargain, or by any sample or model that is made part of the basis of the bargain.”
S. 672.313, F.S.
4 S. 672.314, F.S.
5 S. 672.316, F.S.
6 See ch. 634, F.S.
7 Florida Office of Insurance Regulation, Organization and Operation, https://floir.com/about-us/organization-and-
operation#:~:text=The%20Florida%20um%20financing%2C%20and%20administrative (last visited Feb. 28, 2025). See also s. 624.308, F.S.,
and R. 69O, et seq., F.A.C.]
8 See ch. 634, F.S.
9 Ss. 634.303 and 634.403, F.S. Neither the Florida Insurance Code nor this section grants permission for any home warranty association to
conduct insurance business beyond what is specifically defined as home warranty or to participate in any other form of insurance. Any
engagement in alternative insurance types requires explicit authorization through a certificate of authority issued by the office under the
provisions of the Florida Insurance Code. S. 634.325, F.S.
10 Ss. s. 634.3077, F.S. and 634.406, F.S.
11 S. 634.301(2), F.S.
12 Id.
13 S. 634.303, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Service Warranty
A Service Warranty is a warranty, guarantee, extended warranty, or maintenance service contract lasting one year
or more that covers the cost of repair, replacement, or maintenance of a consumer product in exchange for a
premium payment.14
A service warranty contract may be issued by a licensed Service Warranty Association, as authorized under S.
634.403, F.S., or by an insurance company authorized to provide this type of coverage.15
Service warranty rates are not regulated or approved by the Florida Office of Insurance Regulation (OIR).16 As
required by s. 634.414, F.S., every service agreement sold in Florida must include a written disclosure informing
consumers that the rate charged is not subject to OIR regulation.17 This disclosure may be included in the service
agreement itself or provided separately at the time of purchase.18
How Home and Service Warranty Associations Work in Florida
In Florida, companies that sell home warranties and service warranties are regulated under Ch. 634, and are
commonly referred to as warranty associations. These businesses collect fees from customers in exchange for
providing coverage and must comply with financial regulations to ensure they can pay claims when required.
To meet Florida’s financial requirements, warranty associations have two options:
1. Maintain an Unearned Premium Reserve
o A portion of the money collected from customers must be set aside in a reserve fund to cover future
claims.19
2. Purchase Contractual Liability Insurance (CLI)
o Instead of maintaining a reserve, a warranty association can purchase a CLI from an insurer.20
o CLI guarantees that if the warranty association is unable to fulfill its obligations (due to insolvency,
bankruptcy, or other financial issues), the insurer will cover the claims.21
o CLI must be obtained from an insurer authorized to do business in Florida or approved by the OIR
as financially capable of covering obligations.22
Financial Requirements for Home and Service Warranty Associations
To ensure warranty associations remain financially stable and capable of meeting their obligations to consumers,
Florida law imposes additional financial requirements.
Premium-to-Net-Assets Ratio
Warranty associations cannot have gross written premiums that exceed seven times their available assets
(a 7-to-1 ratio).23
If a company exceeds this limit, it must meet stricter financial conditions, such as maintaining higher net
assets or purchasing CLI from an insurer with significant financial reserves.24
Net Worth Requirements
Some warranty associations must maintain a minimum level of net assets to demonstrate financial
stability.25
14 S. 634.401, F.S.
15 Consumer Services, Service Warranty Overview, https://myfloridacfo.com/division/consumers/understanding-insurance/service-
warranty-overview, (Last visited Feb. 18, 2025).
16 Id.
17 Id.
18 Id.
19 S. 634.3077(1), F.S., and S. 634.406(3), F.S.
20 S. 634.406(3), F.S.
21 S. 634.406(3)(a), F.S.
22 S. 634.406(3), F.S.
23 S. 634.406(4), F.S.
24 S. 634.406(4)(b), F.S.
25 S. 634.406(6)(a), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Companies exceeding the 7-to-1 ratio must hold at least $750,000 in net assets and secure CLI from an
insurer with a policyholder surplus of at least $100 million or $200 million, depending on circumstances.26
Exemptions for Large Companies
Warranty associations (or their parent companies) with a net worth of at least $100 million may be exempt
from maintaining an unearned premium reserve or purchasing CLI.27
These companies must submit audited financial statements and regular financial reports to regulators to
prove they meet the exemption criteria.28
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 3/5/2025 Lloyd Herrera
Subcommittee
THE CHANGES ADOPTED BY THE requires that contracts covering accidental damage from handling must be backed
COMMITTEE: by contractual liability insurance, unless issued by an association exempt from the
applicable financial requirements.
Commerce Committee Lloyd Herrera
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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26 S. 634.406(6)(b), F.S.
27 S. 634.406(7)(a), F.S.
28 S. 634.406(7)(a)(1), F.S.
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 367 2025
1 A bill to be entitled
2 An act relating to home and service warranty
3 association financial requirements; amending s.
4 634.3077, F.S.; making technical changes; amending s.
5 634.406, F.S.; revising the circumstances under which
6 certain service warranty associations are not required
7 to establish unearned premium reserves or to maintain
8 contractual liability insurance and are authorized to
9 allow their premiums to exceed specified ratios;
10 amending s. 634.414, F.S.; requiring service warranty
11 contracts that include coverage for certain accidental
12 damage to be covered by contractual liability
13 policies; providing exceptions; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (3) of section 634.3077, Florida
19 Statutes, is amended to read:
20 634.3077 Financial requirements.—
21 (3) An association may not be required to set up an
22 unearned premium reserve if it has purchased contractual
23 liability insurance which demonstrates to the satisfaction of
24 the office that 100 percent of its claim exposure is covered by
25 such insurance. Such contractual liability insurance shall be
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26 obtained from an insurer or insurers that hold a certificate of
27 authority to do business within the state or from an insurer or
28 insurers approved by the office as financially capable of
29 meeting the obligations incurred pursuant to the policy or
30 policies. For purposes of this subsection, the contractual
31 liability policy or policies shall contain the following
32 provisions:
33 (a) In the event that the home warranty association is
34 unable to fulfill its obligation under its contracts issued in
35 this state for any reason, including insolvency, bankruptcy, or
36 dissolution, the contractual liability insurer or insurers will
37 pay losses and unearned premiums under such plans directly to
38 persons making claims under such contracts.
39 (b) The insurer or insurers issuing the policy or policies
40 shall assume full responsibility for the administration of
41 claims in the event of the inability of the association to do
42 so.
43 (c) The policy or policies may not be canceled or not
44 renewed by the insurer or insurers or the association unless 60
45 days' written notice thereof has been given to the office by the
46 insurer or insurers before the date of such cancellation or
47 nonrenewal.
48 (d) The contractual liability insurance policy or policies
49 shall insure all home warranty contracts that were issued while
50 the policy or policies were was in effect whether or not the
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51 premium has been remitted to the insurer or insurers.
52 Section 2. Subsections (3) and (4), paragraphs (b) and (c)
53 of subsection (6), and paragraph (a) of subsection (7) of
54 section 634.406, Florida Statutes, are amended to read:
55 634.406 Financial requirements.—
56 (3) An association will not be required to establish an
57 unearned premium reserve if it has purchased contractual
58 liability insurance which demonstrates to the satisfaction of
59 the office that 100 percent of its claim exposure is covered by
60 such policy or policies. The contractual liability insurance
61 shall be obtained from an insurer or insurers that hold holds a
62 certificate of authority to do business within the state. For
63 the purposes of this subsection, the contractual liability
64 policy or policies shall contain the following provisions:
65 (a) In the event that the service warranty association
66 does not fulfill its obligation under contracts issued in this
67 state for any reason, including insolvency, bankruptcy, or
68 dissolution, the contractual liability insurer or insurers will
69 pay losses and unearned premium refunds under such plans
70 directly to the person making a claim under the contract.
71 (b) The insurer or insurers issuing the contractual
72 liability policy or policies shall assume full responsibility
73 for the administration of claims in the event of the inability
74 of the association to do so.
75 (c) The policy or policies may not be canceled or not
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76 renewed by either the insurer or insurers or the association
77 unless 60 days' written notice thereof has been given to the
78 office by the insurer or insurers before the date of such
79 cancellation or nonrenewal.
80 (d) The contractual liability insurance policy or policies
81 shall insure all service warranty contracts which were issued
82 while the policy or policies were was in effect whether or not
83 the premium has been remitted to the insurer or insurers.
84 (e) In the event the issuer or issuers of the contractual
85 liability policy or policies are is fulfilling the service
86 warranty covered by policy or policies and in the event the
87 service warranty holder cancels the service warranty, it is the
88 responsibility of the contractual liability policy issuer or
89 issuers to effectuate a full refund of unearned premium to the
90 consumer. This refund shall be subject to the cancellation fee
91 provisions of s. 634.414. The salesperson or agent shall refund
92 to the contractual liability policy issuer or issuers the
93 unearned pro rata commission.
94 (f) An association may not utilize both the unearned
95 premium reserve and contractual liability insurance
96 simultaneously. However, an association shall be allowed to have
97 contractual liability coverage on service warranties previously
98 sold and sell new service warranties covered by the unearned
99 premium reserve, and the converse of this shall also be allowed.
100 An association must be able to distinguish how each individual
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101 service warranty is covered.
102 (4) No warrantor may allow its gross written premiums in
103 force to exceed a 7-to-1 ratio to net assets; however, a company
104 may exceed this requirement if:
105 (a) The company:
106 1.(a) Holds licenses issued pursuant to the provisions of
107 part I and this part;, and
108 2.(b) Maintains net assets of at least $2.5 million;, and
109 3.(c) Utilizes contractual liability insurance which
110 reimburses the service warranty association for 100 percent of
111 its paid claims;, and
112 (b)(d) The insurer or insurers issuing the contractual
113 liability insurance policy or policies maintain maintains a
114 policyholder surplus of at least $100 million and are is rated
115 "A" or higher by A.M. Best Company.
116 (6) An association that holds a license under this part
117 may allow its premiums for service warranties written under this
118 part to exceed the ratio to net assets limitations of this
119 section if the association meets all of the following:
120 (b) Uses a contractual liability insurance policy or
121 policies approved by the office that:
122 1. Reimburse Reimburses the service warranty association
123 for 100 percent of their its claims liability and are is issued
124 by an insurer or insurers that maintain maintains a policyholder
125 surplus of at least $100 million; or
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CS/HB 367 2025
126 2. Comply Complies with subsection (3) and are is issued
127 by an insurer or insurers that maintain maintains a policyholder
128 surplus of at least $200 million.
129 (c) The insurer or insurers issuing the contractual
130 liability insurance policy or policies:
131 1. Are Is rated "A" or higher by A.M. Best Company or an
132 equivalent rating by another national rating service acceptable
133 to the office.
134 2. In conjunction with the warranty association's filing
135 of the quarterly and annual reports, provide provides, on a form
136 prescribed by the commission, a statement certifying the gross
137 written premiums in force reported by the warranty association
138 and a statement that all of the warranty association's gross
139 written premium in force is covered under the contractual
140 liability policy or policies, regardless of whether it has been
141 reported.
142 (7) An association licensed under this part and holding no
143 other license under part I or part II of this chapter is not
144 required to establish an unearned premium reserve or maintain
145 contractual liability insurance and may allow its premiums to
146 exceed the ratio to net assets limitation of this section if the
147 association complies with the following:
148 (a) The association or, if the association is a direct or
149 indirect wholly owned subsidiary of a parent corporation, its
150 parent corporation has, and maintains at all times, a minimum
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151 net worth of at least $100 million and provides the office with
152 one of the following:
153 1. A copy of the association's annual audited financial
154 statements or the audited consolidated financial statements of
155 the association's parent corporation, prepared by an independent
156 certified public accountant in accordance with generally
157 accepted accounting principles, which clearly demonstrate the
158 net worth of the association or its parent corporation to be
159 $100 million and a quarterly written certification to the office
160 that such entity continues to maintain the net worth required
161 under this paragraph.
162 2. The association's, or its parent corporation's, Form
163 10-K, Form 10-Q, or Form 20-F as filed with the United States
164 Securities and Exchange Commission or such other documents
165 required to be filed with a recognized stock exchange, which
166 shall be provided on a quarterly and annual basis within 10 days
167 after the last date each such report must be filed with the
168 Securities and Exchange Commission, the National Association of
169 Security Dealers Automated Quotation system, or other recognized
170 stock exchange.
171
172 Failure to timely file the documents required under this
173 paragraph may, at the discretion of the office, subject the
174 association to suspension or revocation of its license under
175 this part.
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176 Section 3. Subsection (5) is added to section 634.414,
177 Florida Statutes, to read:
178 634.414 Forms; required provisions.—
179 (5) Each service warranty contract that includes coverage
180 for accidental damage from handling must be covered by the
181 contractual liability policy referred to in s. 634.406(3),
182 unless issued by an association not required to establish an
183 unearned premium reserve or maintain contractual liability
184 insurance under s. 634.406(7).
185 Section 4. This act shall take effect July 1, 2025.
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hb367-01-c1
HB 655
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 655 COMPANION BILL: SB 1226 (DiCeglie)
TITLE: Pet Insurance and Wellness Programs LINKED BILLS: None
SPONSOR(S): Tuck RELATED BILLS: None
Committee References
Insurance & Banking Commerce
17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for sale within
the state, encompassing various aspects such as defining pet insurance, establishing disclosure requirements, and
regulating the marketing and sales practices of wellness programs. It expands the definition of property insurance
to include coverage for pets, covering accidents and illnesses explicitly. Additionally, the bill imposes training
requirements for agents and brokers involved in selling pet insurance policies and outlines enforcement measures,
including penalties for violations under the Florida Insurance Code.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on the private sector and state government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Expansion of Property Insurance Definition to Include Pet Coverage
This bill amends the definition of "property insurance" to explicitly include pet insurance coverage for accidents
and for illnesses or diseases of pets. It clarifies that property insurance may contain a provision for accidental
death or injury as part of a multiple peril homeowner’s policy, which is considered incidental to the property
insurance and is not subject to the provisions of the code applicable to life or health insurance. (Section 1).
Regulation of Sales Practices for Pet Wellness Programs
The bill defines unfair methods of competition and unfair or deceptive acts or practices related to the sales
practices for pet wellness programs. It prohibits pet insurance agents from marketing a wellness program as pet
insurance. If a wellness program is sold by a pet insurance agent, several conditions must be met, including:
The purchase of the wellness program cannot be a prerequisite to the purchase of pet insurance.
The costs of the wellness program must be separate and identifiable from any pet insurance policy sold by
the agent.
The terms and conditions of the wellness program must be distinct from any pet insurance policy sold by the
agent.
The products or coverages available through the wellness program cannot duplicate those available through
the pet insurance policy.
The advertising of the wellness program must not be misleading. (Section 2).
STORAGE NAME: h0655b.COM
DATE: 3/14/2025
1
Pet Insurance Definitions and Usage
The bill creates necessary regulatory statutes to facilitate the production of pet insurance policies for sale within
the state. The bill applies to policies issued to residents of the state, those sold or offered within the state's
boundaries, as well as policies delivered or issued for delivery in the state.
The bill defines pet insurance as coverage designed for accidents and illnesses or diseases of pets, facilitating
reimbursement for expenses linked to veterinary medical advice, diagnosis, care, or treatment, encompassing
prescribed medications. Additionally, it introduces definitions for various terms, including chronic conditions,
congenital anomaly or disorder, hereditary disorder, orthopedic condition, pet insurance policy, preexisting
condition, renewal, veterinarian, waiting period, and wellness program.
The bill mandates that if pet insurers incorporate the defined terms within a pet insurance policy, they must
adhere to the provided definition verbatim. Additionally, the pet insurer is required to ensure accessibility of these
definitions to policyholders. (Section 3).
Disclosure Requirements for Pet Insurance Policies
The bill requires pet insurers to disclose coverage exclusions for chronic conditions, congenital anomalies,
hereditary disorders, and preexisting conditions, along with any other applicable exclusions. Additionally, they
must disclose policy provisions limiting coverage, changes in coverage or premiums, and differentiate between the
underwriting company and the marketed brand.
Pet insurers must allow a 30-day review period for policyholders to return policies for a refund if unsatisfied,
provided no claims have been filed. They must also disclose the basis for determining claim payments, including
benefit schedules and fee limitations, and any required medical examinations before policy purchase.
Further, the bill requires pet insurers to clearly disclose waiting periods and their requirements to applicants. Pet
insurers must provide a summary of policy provisions and written disclosures including contact details for
regulatory offices and the insurer or agent. These disclosures are in addition to any other disclosures required by
law or regulation. (Section 3).
Preexisting Conditions, Waiting Periods, and Policy Renewals
The bill allows pet insurers to issue policies excluding coverage for preexisting conditions, provided that
appropriate disclosure is made to the applicant or policyholder, with the burden of proving the applicability of the
exclusion resting on the insurer. Additionally, pet insurers are permitted to impose waiting periods before the
effective date of a new policy, not exceeding 30 days for certain conditions,1 with provisions for waiving the
waiting period upon completion of a medical examination, the costs of which are typically paid by the policyholder.
These waiting periods and their requirements must be clearly disclosed to applicants before policy purchase.
The bill prohibits pet insurers from requiring medical examinations for policy renewals and mandates compliance
with the Florida Insurance Code for additional benefits included in policies. Furthermore, it ensures that an
applicant's eligibility for pet insurance is not tied to participation in a wellness program. (Section 3).
Marketing and Sales of Wellness Programs
The bill prohibits pet insurers and their agents from misrepresenting wellness programs as pet insurance. It
mandates that if wellness programs are offered alongside pet insurance, they must be separate and not required
for pet insurance purchase. Additionally, the costs, terms, and products of wellness programs must be distinct from
pet insurance. Clear disclosures must be provided to applicants and policyholders regarding the nature of wellness
programs, and wellness benefits within pet insurance policies are recognized as insurance. (Section 3).
1 "Certain conditions" referenced in this sentence include illnesses, diseases, or orthopedic conditions not resulting from an accident, as
specified within the context of the bill
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Agent and Broker Training Requirements
The bill requires specific training for agents and brokers involved in selling pet insurance policies. Agents and
brokers must obtain appropriate licensing and complete specified training before engaging in the sale, solicitation,
or negotiation of pet insurance policies. Pet insurers are responsible for ensuring that their agents and brokers
receive training on preexisting conditions, waiting periods, and the distinctions between pet insurance and
wellness programs. Additionally, training must cover chronic conditions, congenital anomalies, hereditary
disorders, and administrative aspects of pet insurance policies. Satisfaction of training requirements from other
states with substantially similar provisions is recognized as meeting the training standards in the state. (Section 3).
Enforcement, Applicability, and Rulemaking Authority
A violation of the bill’s requirements will be a violation of the Florida Insurance Code. Additionally, it clarifies that
while all other relevant insurance laws apply to pet insurance, the specific regulations outlined in this bill take
precedence over any conflicting general provisions. The bill does not restrict the types of exclusions pet insurers
can employ in their policies nor does it mandate the inclusion of any specific limitations or exclusions.
Furthermore, the bill grants the commission the authority to adopt rules and regulations essential for the effective
administration of this section. (Section 3).
The bill provides an effective date of January 1, 2026. (Section 4).
RULEMAKING:
Sufficient rulemaking authority for the FSC and OIR to administer the bill’s provisions is provided.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill necessitates the incorporation of pet insurance into the information technology systems of OIR, resulting in
a one-time impact. However, OIR existing resources have the capacity to absorb this impact.2
PRIVATE SECTOR:
The bill may positively impact the private sector if the regulatory efficiency it establishes results in lower
production costs for pet insurance providers.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
National Association of Insurance Commissioners
2 Email from Kevin James, Deputy Legislative Affairs Director, Department of Management Services, HB 1465 Bill Analysis (Jan. 25, 2024).
The bill analysis has not yet been received; however, DMS provided similar information in its analysis of last year’s legislation, and this
section of the bill remains identical to last year’s version.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The National Association of Insurance Commissioners (NAIC) serves as the insurance standard-setting and
regulatory support body in the United States.3 Comprised of insurance regulators from all 50 states, the District of
Columbia, and five U.S. territories, the NAIC aids state regulators in fulfilling their public service mandate. 4 It
achieves this by setting standards and regulatory best practices, facilitating the exchange of information, offering
regulatory support services, and educating consumers, industry professionals, and government stakeholders on
the state-based insurance regulatory framework of the United States.5
Office of Insurance Regulation
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers, and other risk bearing
entities in Florida.6 The Financial Services Commission (FSC), composed of the Governor, the Attorney General, the
Chief Financial Officer, and the Commissioner of Agriculture, serves as agency head of the OIR for purposes of
rulemaking. Further, the FSC appoints the OIR commissioner.
As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority under
certain conditions.7 The OIR is responsible for examining the affairs, transactions, accounts, records, and assets of
each insurer that holds a certificate of authority to transact insurance business in Florida.8 As part of the
examination process, all persons being examined must make available to the OIR the accounts, records, documents,
files, information, assets, and matters in their possession or control that relate to the subject of the examination.9
The OIR is also authorized to conduct market conduct examinations to determine compliance with applicable
provisions of the Insurance Code.10
Current Situation - Pet Insurance
Pet insurance offers coverage for accidents and illnesses primarily for household pets, notably dogs and cats.11
While classified and regulated as Property and Casualty (P/C) insurance12, it parallels human health insurance in
providing annual coverage subject to predetermined rates and conditions.13 Originating in the U.S. in 1980, pet
insurance has experienced significant expansion since its inception.14
The North American Pet Health Insurance Association (NAPHIA) serves as the leading advocacy group,
representing over 99 percent of the U.S. and Canada pet health insurance industry.15 Notably, in 2017, NAPHIA
members witnessed growth, with total premium volume reaching approximately $1.03 billion in the U.S., marking
a substantial 23.2 percent increase from the previous year.16 In the U.S. and its territories, direct written premiums
amounted to roughly $640 billion.17 Despite the rapid growth, pet insurance still represents a small percentage of
the total P/C market.18
Pet insurance policies typically cover various veterinary expenses, including19:
3 NAIC, Our Story, https://content.naic.org/about (last visited Feb. 28, 2025).
4 Id.
5 Id.
6 S. 20.121(3)(a), F.S.
7 S. 624.418, F.S.
8 S. 624.316(1)(a), F.S.
9 S. 624.318(2), F.S.
10 The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S. See S. 624.3161, F.S.
11 National Association of Insurance Commissioners, A Regulator’s (last visited Feb. 28, 2025).
12 Casualty insurance is a broad category of insurance coverage for individuals, employers, and businesses against loss of property, damage,
or other liabilities. Casualty insurance includes vehicle insurance, liability insurance, and theft insurance. Liability losses are losses that
occur as a result of the insured’s interactions with others or their property. See Investopedia, Casualty Insurance: Definition, Types, and
Examples, https://www.investopedia.com/terms/c/casualtyinsurance.asp (last visited Feb. 28, 2025).
13 Id.
14 Id.
15 Id.
16 Id at 4.
17 Id.
18 Id.
19 Forbes, What Does Pet Insurance Cover?, https://www.forbes.com/advisor/pet-insurance/what-does-pet-insurance-cover/ (last visited
March 3, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Accidents: coverage for injuries resulting from accidents, such as broken bones or ingesting foreign objects.
Illnesses: coverage for treatments related to illnesses such as cancer, diabetes, or infections.
Routine Care: some policies offer optional coverage for routine care, including vaccinations, wellness
exams, and dental cleanings.
Hereditary and Congenital Conditions: certain policies may cover hereditary and congenital conditions,
although these often have specific limitations and waiting periods.
In 2017, a survey by the American Pet Products Association revealed that approximately 68 percent of U.S.
households, totaling around 84.65 million families, had at least one pet, including dogs, cats, or other animals.20 Of
these households, about 60 million owned at least one dog, and 47 million had at least one cat.21 Despite this large
number of pet owners, there's considerable room for growth in the pet insurance sector.22 However, only about 1.5
million dogs and 300,000 cats were insured in 2017, representing less than 2 percent of dogs and less than 0.5
percent of cats owned in the country.23 In the U.S., there are roughly 90 million household dogs and 95 million
household cats, indicating a substantial potential market for pet insurance coverage.24
Pet insurance coverage in the U.S. has seen consistent annual growth rates of 15 percent to 20 percent over the
past five years.25 The distribution of pet insurance is notably concentrated in larger urban areas, with California
and New York emerging as the primary markets.26 For a visual representation of the distribution of pets and Gross
Written Premiums (GWP) by state, please refer to the chart below.27 According to data from NAPHIA members, the
total premium volume in the U.S. reached approximately $3.9 billion by the end of 2023, with a slight slowdown in
growth observed in 2023.28
U.S. Market (Full) Pets and GWP Distribution by State (2023)
STATE
California
I PETS
18.3%
GWP
20. 1%
--■hi-♦MMiM
Oregon 1.7% 1.6%
STATE
Oklahoma
PETS
0.4%
+Ml
0.3%
New Yori< 7.5% 8.7% Nevada 1.4% 1.3% District of Colum bia 0.4% 0.4%
Florida 6.2% 6.6% Minnesota 1.3% 1.1% New Mexico 0.4% 0.3%
Texas 5.7% 5.1% Wisconsin 1.3% 1.0% Idaho 0.4% 0.3%
New Jersey 4.9% 5.3% South Carolina 1.2% 1.0% Delaware 0.3% 0.3%
Pennsylvania 4.5% 4.3% Tennessee 1.2% 1.0% Alaska 0.3% 0.3%
Massachusetts 4.3% 4.9% Indiana 1.2% 0.9% Vermont 0.3% 0.3%
Washington 3.9% 4.1% Missouri 1.0% 0.7% Nebraska 0.3% 0.2%
Illinois 3.2% 3.3% New Hampshire 0.9% 0.9% Arkansas 0.3% 0.2%
Virginia 3.0% 3.1% Utah 0.7% 0.6% Montana 0.2% 0.2%
Colorado 2.9% 3.1% Maine 0.6% 0.6% West Vi rginia 0.2% 0.2%
North Carolina 2.7% 2.4% Louisiana 0.6% 0.5% Mississippi 0.2% 0.1%
Ohio 2.3% 1.9% Rhode Island 0.6% 0.5% North Dakota 0.1% 0.1%
Georgia 2.2% 1.9% Hawaii 0.6% 0.6% Wyoming 0.1% 0.1%
Maryland 2.1% 2.3% Kentucky 0.6% 0.5% Other. Puerto Rico 0.1% 0.1%
Connecticut 1.9% 2.2% Alabama 0.5% 0.4% South Dakota 0.1% 0.1%
Michigan 1.9% 1.6% Iowa 0.5% 0.4%
Arizona 1.9% 1.9% Kansas 0.4% 0.3%
20 National Association of Insurance Commissioners, A Regulator’s Guide to Pet Insurance, p. 4
https://content.naic.org/sites/default/files/publication-pin-op-pet-insurance.pdf (last visited Feb. 28, 2025).
21 Id.
22 Id.
23 Id.
24 Id.
25 Id. at 7.
26 Id.
27 NAPHIA, State of the Industry Report 2023 Highlights, p. 24, NAPHIA-SOI2024-Report-Highlights_Public-May16.pdf (last visited Feb. 28,
2025).
28 Id. at 10.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
As companion animals live longer, veterinary care costs are rising, prompting more pet owners to consider
insurance for managing expenses related to preventive care, illnesses, and emergencies. In 2023, the North
American pet insurance industry surpassed $4 billion in premiums, with over 6.25 million pets insured—a 20.9%
increase from 2022.29 Data from NAPHIA indicates the average annual premium for pet insurance varies based on
the type of plan.30 In 2023, for dogs, Accident & Illness plans averaged $675.61, while Embedded Wellness plans
cost $1,263.39.31 For cats, the costs were $383.30 for Accident & Illness plans and $625.99 for Embedded Wellness.
Accident Only policies remain the most affordable, averaging $204.16 for dogs and $116.11 for cats.32
Development of Regulatory Standards for the Pet Insurance Industry
In April 2019, the Pet Insurance Working Group was tasked with reviewing NAIC’s "A Regulator's Guide to Pet
Insurance" to determine if a model law or guideline was necessary to establish appropriate regulatory standards
for the pet insurance industry.33 Subsequently, a request for Model Law development related to pet insurance was
adopted during the NAIC 2019 Spring National Meeting, addressing various aspects such as definitions,
disclosures, violations, producer licensing, preexisting conditions, reimbursement benefits, and regulations.34
During the NAIC's Summer 2022 National Meeting in members voted to adopt the Pet Insurance Model Act, which
includes key provisions concerning pet wellness programs, preexisting conditions, consumer protections, and
training for insurance producers.35 Currently, California, Delaware, Louisiana, Maine, Maryland, Nebraska, New
Hampshire, the Northern Mariana Islands, Vermont, and Washington have adopted a substantially similar version
of the NAIC model.36
Current Situation – Florida
Currently, several companies offer pet insurance in Florida; however, Florida law does not separately regulate pet
insurance. Below are companies that provide pet insurance:37
Average Monthly Maximum Annual
Companies Waiting Periods
Cost Limits
14 days for
illnesses
Two days for
$54 for dogs
injuries $5,000 - Unlimited
Pets Best $22 for cats
Six months for
orthopedic
conditions
14 days for
Spot Pet $73 for dogs illnesses
$2,500 - Unlimited
Insurance $36 for cats 14 days for
injuries
48 hours for
$52 for dogs accidents
Embrace $5,000 - $30,000
$37 for cats 14 days for
illnesses
29 NAPHIA, North American Pet Health Insurance Industry Continued Exceptional Growth Rate In 2023, https://naphia.org/news/soi-
report-2024/ (Last visited Feb. 28, 2024).
30 Id. at 20.
31 Id.
32 Id.
33 NAIC, Pet Insurance, https://content.naic.org/cipr-topics/pet-insurance (last visited March 3, 2025).
34 Id.
35 Id.
36 NAIC, Pet Insurance Model Act, https://content.naic.org/sites/default/files/model-law-state-page-633_0.pdf (last visited March 3, 2025).
37 Market Watch, The Best Pet Insurance Companies in Florida (2024), https://www.marketwatch.com/guides/pet-insurance/pet-insurance-
florida/ (last visited March 3, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Six months for
orthopedic
conditions
14 days for
ASPCA Pet
$54 for dogs illnesses
Health $3,000 - $10,000
$24 for cats 14 days for
Insurance
accidents
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 1465 Tuck DiCeglie The bill died in the Senate
Fiscal Policy Committee.
OTHER RESOURCES:
Pet Insurance Model Act
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N Lloyd Herrera
Subcommittee
Commerce Committee Lloyd Herrera
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 655 2025
1 A bill to be entitled
2 An act relating to pet insurance and wellness
3 programs; amending s. 624.604, F.S.; revising the
4 definition of the term "property insurance" to include
5 a pet insurance option; amending s. 626.9541, F.S.;
6 providing that certain practices relating to pet
7 wellness programs are unfair methods of competition
8 and unfair or deceptive acts or practices; creating s.
9 627.71545, F.S.; providing a short title; providing
10 purpose; providing applicability; providing
11 construction; providing definitions; requiring pet
12 insurers that use such defined terms in their pet
13 insurance policies to use and include the statutory
14 definitions in their policies; requiring pet insurers
15 to also make such definitions available on their
16 websites or their program administrators' websites;
17 requiring pet insurers to make certain disclosures to
18 pet insurance applicants and policyholders; requiring
19 pet insurers to provide a summary of their bases or
20 formulas for determination of claim payments under a
21 pet insurance policy on their websites or their
22 program administrators' websites; requiring pet
23 insurers to disclose certain requirements for required
24 medical examinations of a pet by a veterinarian;
25 requiring pet insurers to create a document with a
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26 summary of certain disclosures, to post such document
27 on their websites or their program administrators'
28 websites, and, upon issuance or delivery of a policy
29 to a policyholder, to provide such document to the
30 policyholder; requiring additional written
31 disclosures; providing that certain required
32 disclosures are in addition to disclosures required by
33 the Florida Insurance Code or the Financial Services
34 Commission rules; authorizing pet insurance applicants
35 and policyholders to examine and return insurance
36 policies and riders under certain circumstances;
37 requiring that premiums be refunded under certain
38 circumstances; requiring that pet insurance policies
39 and riders have a specified notice printed on or
40 attached to the first page; authorizing pet insurers
41 to issue policies that exclude coverage on the basis
42 of preexisting conditions with appropriate written
43 disclosure to the applicant or policyholder; providing
44 that the pet insurer has a specified burden of proof
45 with regard to such exclusions; authorizing pet
46 insurers to issue new policies that impose a waiting
47 period of up to a specified period of time for
48 specified illnesses, diseases, or conditions;
49 prohibiting pet insurers from issuing policies
50 imposing a waiting period for accidents; requiring pet
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51 insurers who issue a policy that imposes a waiting
52 period to include a provision allowing for waiver of
53 the waiting period upon completion of a medical
54 examination of the covered pet by a veterinarian;
55 authorizing pet insurers to require an examination to
56 be conducted by a veterinarian after the purchase of
57 the policy; providing requirements and authorizations
58 relating to such examination; prohibiting a pet
59 insurer from requiring a medical examination of the
60 covered pet to renew a policy; requiring that certain
61 benefits comply with certain provisions of the Florida
62 Insurance Code; prohibiting insurance applicants'
63 eligibility from being based on participation or lack
64 of participation in wellness programs; requiring pet
65 insurers to ensure that their agents are trained on
66 specified topics; providing rulemaking authority;
67 providing an effective date.
68
69 Be It Enacted by the Legislature of the State of Florida:
70
71 Section 1. Section 624.604, Florida Statutes, is amended
72 to read:
73 624.604 "Property insurance" defined.—"Property insurance"
74 is insurance on real or personal property of every kind and of
75 every interest therein, whether on land, water, or in the air,
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HB 655 2025
76 against loss or damage from any and all hazard or cause, and
77 against loss consequential upon such loss or damage, other than
78 noncontractual legal liability for any such loss or damage.
79 Property insurance may include pet insurance that provides
80 coverage for accidents and for illnesses of pets. Property
81 insurance may contain a provision for accidental death or injury
82 as part of a multiple peril homeowner's policy. Such insurance,
83 which is incidental to the property insurance, is not subject to
84 the provisions of this code applicable to life or health
85 insurance. Property insurance does not include title insurance,
86 as defined in s. 624.608.
87 Section 2. Paragraph (hh) is added to subsection (1) of
88 section 626.9541, Florida Statutes, to read:
89 626.9541 Unfair methods of competition and unfair or
90 deceptive acts or practices defined.—
91 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
92 ACTS.—The following are defined as unfair methods of competition
93 and unfair or deceptive acts or practices:
94 (hh) Sales practices for pet wellness programs.—
95 1. A pet insurance agent may not market a wellness program
96 as pet insurance.
97 2. If a wellness program is sold by a pet insurance agent:
98 a. The purchase of the wellness program may not be a
99 prerequisite to the purchase of pet insurance;
100 b. The costs of the wellness program must be separate and
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101 identifiable from any pet insurance policy sold by the pet
102 insurance agent;
103 c. The terms and conditions of the wellness program must
104 be separate from any pet insurance policy sold by the agent;
105 d. The products or coverages available through the
106 wellness program may not duplicate the products or coverages
107 available through the pet insurance policy; and
108 e. The advertising of the wellness program must not be
109 misleading.
110 Section 3. Section 627.71545, Florida Statutes, is created
111 to read:
112 627.71545 Pet insurance; noninsurance wellness programs.—
113 (1) This section may be cited as the "Pet Insurance Act."
114 (2) The purpose of this section is to promote the public
115 welfare by creating a comprehensive regulatory framework within
116 which pet insurance may be sold in this state.
117 (3) This section applies to all of the following:
118 (a) Pet insurance policies that are issued to any resident
119 of this state or that are sold, solicited, negotiated, or
120 offered in this state.
121 (b) Pet insurance policies or certificates that are
122 delivered or issued for delivery in this state.
123 (4)(a) This section may not be construed to prohibit or
124 limit the types of exclusions pet insurers may use in their
125 policies or to require pet insurers to include in such policies
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126 any of the limitations or exclusions specified in subsection
127 (9).
128 (b) All other applicable provisions of the Florida
129 Insurance Code apply to pet insurance, except that this section
130 supersedes any general provisions of the Florida Insurance Code
131 which otherwise apply to pet insurance.
132 (5)(a) As used in this section, the term:
133 1. "Chronic condition" means a condition that can be
134 treated or managed, but not cured.
135 2. "Congenital anomaly or disorder" means a condition that
136 is present from birth, whether inherited or caused by the
137 environment, and that may cause or contribute to illness or
138 disease.
139 3. "Hereditary disorder" means an abnormality that is
140 genetically transmitted from parent to offspring and may cause
141 illness or disease.
142 4. "Orthopedic conditions" means a condition that affects
143 the bones, skeletal muscle, cartilage, tendons, ligaments, or
144 joints. The term includes, but is not limited to, elbow
145 dysplasia, hip dysplasia, intervertebral disc degeneration,
146 patellar luxation, and cranial cruciate ligament rupture, but
147 does not include any cancer or any metabolic, hematopoietic, or
148 autoimmune disease.
149 5. "Pet insurance" means an insurance policy that provides
150 coverage for accidents and for illnesses and diseases of pets.
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151 Such insurance reimburses a policyholder for expenses associated
152 with medical advice, diagnosis, care, or treatment provided by a
153 veterinarian, including, but not limited to, the cost of drugs
154 prescribed by the veterinarian.
155 6. "Pet insurance policy" or "policy" includes pet
156 insurance certificates.
157 7. "Preexisting condition" means a condition for which any
158 of the following is true before the effective date of or during
159 a waiting period applicable to a pet insurance policy:
160 a. A veterinarian provided medical advice.
161 b. The pet received previous treatment.
162 c. Based on information from verifiable sources, the pet
163 had signs or symptoms directly related to the condition for
164 which a claim is being made.
165
166 A condition for which coverage is afforded on a policy is not
167 deemed to be a preexisting condition on any renewal of the
168 policy.
169 8. "Renewal" means the issuance and delivery at the end of
170 an insurance policy period of a policy that supersedes the
171 policy previously issued and delivered by the same pet insurer
172 or affiliated pet insurer and that provides types and limits of
173 coverage substantially similar to those contained in the policy
174 being superseded.
175 9. "Veterinarian" means a health care practitioner who is
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176 licensed to engage in the practice of veterinary medicine in
177 this state under chapter 474.
178 10. "Waiting period" means the period of time specified in
179 a pet insurance policy which is required to run before some or
180 all of the coverage in the policy may begin. This period may not
181 be applied to renewals of existing coverage.
182 11. "Wellness program" means a subscription or
183 reimbursement-based program that is separate from an insurance
184 policy and that provides goods and services to promote the
185 general health, safety, or well-being of the covered pet. If the
186 subscription or program includes language such as "undertakes to
187 indemnify another," "pays a specified amount upon determinable
188 contingencies," or "provides coverage for a fortuitous event,"
189 the subscription or program is transacting in the business of
190 insurance and is subject to the Florida Insurance Code. This
191 definition is not intended to classify a contract directly
192 between a service provider and a pet owner which involves only
193 the two parties as being the business of insurance, unless other
194 indications of insurance also exist.
195 (b) If a pet insurer uses any of the terms defined in
196 paragraph (a) in a pet insurance policy, the pet insurer must
197 use the definition of each term as provided in paragraph (a) and
198 must include each such definition in the policy. The pet insurer
199 must also make such definitions available through a clear and
200 conspicuous link on the main page of the website of the pet
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201 insurer or the pet insurer's program administrator.
202 (6)(a) A pet insurer transacting pet insurance must
203 disclose the following to pet insurance applicants and
204 policyholders:
205 1. Whether the policy excludes coverage due to any of the
206 following:
207 a. A chronic condition;
208 b. A congenital anomaly or disorder;
209 c. A hereditary disorder; or
210 d. A preexisting condition.
211 2. If the policy includes any other exclusions not listed
212 in subparagraph 1., the following information in a statement in
213 the disclosure: "Other exclusions may apply. Please refer to the
214 exclusions section of the policy for more information."
215 3. Any policy provision that limits coverage through a
216 waiting period, a deductible, a coinsurance payment, or an
217 annual or lifetime policy limit. Waiting periods and applicable
218 requirements must be clearly and prominently disclosed to
219 applicants before the policy purchase.
220 4. Whether the pet insurer reduces coverage or increases
221 premium based on the policyholder's claims history, the age of
222 the covered pet, or a change in the geographic location of the
223 policyholder.
224 5. Whether the underwriting company differs from the brand
225 name used to market and sell the pet insurance.
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226 (b) Before issuing a pet insurance policy, a pet insurer
227 shall, through a clear and conspicuous link on the main page of
228 the pet insurer's or the pet insurer's program administrator's
229 website, provide a summary description of the basis or formula
230 for the pet insurer's determination of claim payments under the
231 policy.
232 1. A pet insurer that uses a benefit schedule to determine
233 claim payments under a pet insurance policy must clearly
234 disclose both of the following:
235 a. The applicable benefit schedule in the policy.
236 b. All benefit schedules used by the pet insurer under its
237 pet insurance policies through a clear and conspicuous link on
238 the main page of the pet insurer's or pet insurer's program
239 administrator's website.
240 2. A pet insurer that determines claim payments under a
241 pet insurance policy based on usual and customary fees, or any
242 other reimbursement limitation based on prevailing veterinary
243 service provider charges, shall do both of the following:
244 a. Include a usual and customary fee limitation provision
245 in the policy which clearly describes the pet insurer's basis or
246 formula for determining usual and customary fees and the manner
247 in which that basis or formula is applied in calculating claim
248 payments.
249 b. Disclose the pet insurer's basis for determining usual
250 and customary fees through a clear and conspicuous link on the
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251 main page of the pet insurer's or pet insurer's program
252 administrator's website.
253 (c) If any medical examination of the pet by a
254 veterinarian is required to effectuate coverage, the pet insurer
255 must clearly and conspicuously disclose any requirement for the
256 examination before the policy is purchased and must disclose
257 that examination documentation may result in a preexisting
258 condition exclusion.
259 (d) A pet insurer shall create a summary of all policy
260 disclosures required in paragraphs (a), (b), and (c) in a
261 separate document entitled "Insurer Disclosure of Important
262 Policy Provisions." The pet insurer shall post the document
263 through a clear and conspicuous link on the main page of the pet
264 insurer's or pet insurer's program administrator's website.
265 (e) At the time a pet insurance policy is issued or
266 delivered to a policyholder, the pet insurer shall provide the
267 policyholder with a copy of the Insurer Disclosure of Important
268 Policy Provisions document required under paragraph (d), in at
269 least 12-point type. At such time, the pet insurer shall also
270 include a written disclosure with all of the following:
271 1. Contact information for the Division of Consumer
272 Services of the department, including a link and toll-free
273 telephone number, for consumers to submit inquiries and
274 complaints relating to pet insurance products regulated by the
275 department or office.
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276 2. The address and customer service telephone number of
277 the pet insurance agent.
278 (f) The disclosures required in this subsection are in
279 addition to any other disclosures required by the Florida
280 Insurance Code or rules prescribed by the commission.
281 (7) Unless the policyholder has filed a claim under the
282 pet insurance policy, a pet insurance applicant or policyholder
283 may examine and return the policy or rider to the pet insurer or
284 pet insurance agent or broker within 30 days after the applicant
285 or policyholder obtains the receipt and is entitled to the
286 premium refunded if, after examining the policy or rider, he or
287 she is not satisfied for any reason.
288 (8) A pet insurance policy and rider must have a notice
289 prominently printed on or attached to the first page which
290 includes specific instructions to accomplish a return, in type
291 at least as large as any type appearing on the policy or rider
292 contract and in substantially the following language:
293
294 You have 30 days after the date you receive this
295 policy, certificate, or rider to review and return it
296 to the company if you decide not to keep it. You do
297 not have to tell the company why you are returning it.
298 If you decide not to keep policy, certificate, or
299 rider, simply return it to the company at the
300 company's administrative office, or to the insurance
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301 agent or broker from whom you bought it, as long as
302 you have not filed a claim. You must return the
303 policy, certificate, or rider within 30 days after the
304 day you first receive it in order to receive a refund.
305 The company must refund the full amount of any premium
306 paid within 30 days after it receives the returned
307 policy, certificate, or rider. The premium refund will
308 be sent directly to the person who paid it. The
309 policy, certificate, or rider will be void as if it
310 had never been issued.
311
312 (9)(a) A pet insurer may issue a policy that excludes
313 coverage on the basis of one or more preexisting conditions with
314 appropriate written disclosure to the applicant or policyholder.
315 The pet insurer has the burden of proving that the preexisting
316 condition exclusion applies to the condition for which a claim
317 is being made.
318 (b)1. A pet insurer may issue a new policy imposing a
319 waiting period that does not exceed 30 days after effectuation
320 of coverage for illnesses or diseases or for orthopedic
321 conditions not resulting from an accident. A pet insurer may not
322 issue a policy imposing a waiting period for accidents.
323 2. A pet insurer issuing a policy that imposes a waiting
324 period must include a provision in its contract which allows the
325 waiting period to be waived upon completion of a medical
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326 examination of the pet by a veterinarian. The pet insurer may
327 require the examination to be conducted by a veterinarian after
328 the purchase of the policy.
329 a. A medical examination required under this subparagraph
330 must be paid for by the policyholder, unless the policy
331 specifies that the pet insurer will pay for the examination.
332 b. A pet insurer may specify requirements for the
333 examination and require documentation that the requirements have
334 been satisfied, provided that the specifications do not
335 unreasonably restrict the ability of the applicant or
336 policyholder to waive the waiting period.
337 (c) A pet insurer may not require a medical examination of
338 the covered pet for the policyholder to renew a policy.
339 (d) If a pet insurer includes any prescriptive, wellness,
340 or noninsurance benefit in the policy form, the benefit is made
341 part of the policy contract and must comply with all of the
342 applicable provisions of the Florida Insurance Code.
343 (e) An applicant's eligibility to purchase a pet insurance
344 policy may not be based on his or her participation, or lack of
345 participation, in a separate wellness program.
346 (10)(a) A pet insurer must ensure that its agents are
347 trained on the topics specified in paragraph (b) and that its
348 agents have been appropriately trained on the coverages and
349 conditions of its pet insurance products.
350 (b) The training required under this subsection must
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351 include information on all of the following topics:
352 1. Preexisting conditions and waiting periods.
353 2. The differences between pet insurance and noninsurance
354 wellness programs.
355 3. Chronic conditions, congenital anomalies or disorders,
356 and hereditary disorders and the way pet insurance policies
357 address those conditions or disorders.
358 4. Rating, underwriting, renewal, and other related
359 administrative topics.
360 (11) The commission may adopt rules necessary to
361 administer this section.
362 Section 4. This act shall take effect January 1, 2026.
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HB 6015
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 6015 COMPANION BILL: None
TITLE: Limitation of Size of Individual Wine Containers LINKED BILLS: None
SPONSOR(S): Oliver RELATED BILLS: HB 161 Hinson; SB 578 (Leek)
Committee References
Industries & Professional Activities Commerce
16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill provides an exception to the limitations on the size of individual wine containers by allowing the sale of
wine in any container holding 5.16 gallons instead of only allowing the sale of wine in reusable containers holding
5.16 gallons.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on wine sellers by relaxing the limitation on the types of individual wine
containers.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides an exception to the limitations on the size of individual wine containers by allowing the sale of
wine in any container holding 5.16 gallons instead of only allowing the sale of wine in reusable containers holding
5.16 gallons. (Section 1).
The effective date of the bill is July 1, 2025. (Section 2).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Alcoholic Beverages
In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco (Division) in the
Department of Business and Professional Regulation (DBPR) administers and enforces the Beverage Law.3
The Beverage Law defines “alcoholic beverages” as “distilled spirits and all beverages containing one-half of 1
percent or more alcohol by volume.”4
1 S. 561.01(6), F.S., provides that “The Beverage Law” includes chapters 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 Ss. 561.02, and 561.08, F.S.
4 S. 561.01(4), F.S.
STORAGE NAME: h6015b.COM
DATE: 3/14/2025
1
The license and registration classifications used in the Beverage Law include the following:5
“Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the same at
wholesale to licensed distributors and to no one else within the state, unless authorized by statute.”
“Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to persons who are
licensed to sell alcoholic beverages.”
“Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic beverages to
licensed manufacturers or licensed distributors, and to no one else in this state.
“Vendors” are those “licensed to sell alcoholic beverages at retail only” and may not “purchase or acquire in
any manner for the purpose of resale any alcoholic beverages from any person not licensed as a vendor,
manufacturer, bottler, or distributor under the Beverage Law.”
Wine Container Limitations
“Wine” is defined as all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or by
natural fermentation with brandy added, in the manner required by the laws and regulations of the United States,
and includes all sparkling wines, champagnes, combination of the aforesaid beverages, sake, vermouths, and like
products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer’s taste,
except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine
or to change the character of the wine.6
Current law governing limitations of the size of wine containers:7
Prohibits the sale of wine in an individual container that holds more than one gallon except for:
o Wine sold in a reusable container holding 5.16 gallons; or
o Wine sold in a glass container holding 4.5 liters, 6 liters, 9 liters, 12 liters, or 15 liters.
Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors and
manufacturers in any size container.
Requires wine sold or offered for sale by a licensed vendor to be consumed off-premises to be in the
unopened original container, except for restaurants in certain situations.
Provides that violations are a second-degree misdemeanor, punishable by a maximum $500 fine and 60
days in prison.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/HB 583 LaMarca Trumbull The bill became law on July 1,
2024.
2023 HB 523 LaMarca Trumbull The bill passed the House, but
died in the Senate.
2022 HB 6031 LaMarca, Trumbull Brandes The bill passed the House, but
died in the Senate.
2021 HB 6073 LaMarca Brandes The bill passed the House, but
died in the Senate.
5 s. 561.14, F.S.
6 S. 564.01, F.S.
7 Ss. 564.05, and 564.09, F.S.
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2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 0 N 3/6/2025 Anstead Brackett
Subcommittee
Commerce Committee Hamon Brackett
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6015 2025
1 A bill to be entitled
2 An act relating to limitation of size of individual
3 wine containers; amending s. 564.05, F.S.; revising an
4 exception to the maximum allowable capacity for an
5 individual container of wine sold in this state;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 564.05, Florida Statutes, is amended to
11 read:
12 564.05 Limitation of size of individual wine containers;
13 penalty.—It is unlawful for a person to sell within this state
14 wine in an individual container holding more than 1 gallon of
15 such wine, unless such wine is in a reusable container holding
16 5.16 gallons or a glass container holding 4.5 liters, 6 liters,
17 9 liters, 12 liters, or 15 liters. However, qualified
18 distributors and manufacturers may sell wine to other qualified
19 distributors or manufacturers in any size container. Except as
20 provided in s. 564.09, wine sold or offered for sale by a
21 licensed vendor to be consumed off the premises shall be in the
22 unopened original container. A person convicted of a violation
23 of this section commits a misdemeanor of the second degree,
24 punishable as provided in s. 775.082 or s. 775.083.
25 Section 2. This act shall take effect July 1, 2025.
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hb6015-00
PCS for CS/HB 105
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for CS/HB 105 COMPANION BILL: SB 408 (Burgess)
TITLE: Thoroughbred Permitholders LINKED BILLS: None
SPONSOR(S): Commerce Committee RELATED BILLS: None
Committee References
Orig. Comm.: Commerce
SUMMARY
Effect of the Bill:
The bill removes live racing requirements for thoroughbred permitholders under certain conditions. The bill
requires thoroughbred permitholders to provide the Florida Gaming Control Commission (Commission) with
notice prior to ending live racing. The bill allows certain thoroughbred permitholders that do not conduct live
racing to retain the ability to continue to hold and/or apply for a slot machine and/or cardroom license.
The bill amends requirements related to thoroughbred purses and certain agreements related to live racing. It
changes the current purse structure, and the allocation structure for breeders awards, stallion awards and Florida-
bred purse supplements. It also revises contracting requirements between the horsemen’s associations and
permitholders.
The bill creates a pathway for certain thoroughbred permitholders to operate racing at a licensed thoroughbred
training center, and prohibits converted thoroughbred permitholders from obtaining slot machine and cardroom
licenses under certain conditions.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government and the private sector. The extent to which
thoroughbred permitholders will elect to conduct live racing is unknown.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Live Racing Requirements
The bill removes live racing requirements, under certain conditions, for certain thoroughbred permitholders who
apply for a pari-mutuel wagering operating license. (Section 1)
The bill provides that a thoroughbred permitholder that does not conduct live racing:
Retains its permit;
Is a pari-mutuel facility;
If such permitholder has been issued a slot machine license, the facility where such permit is located:
o Remains an eligible slot machine facility;
o Continues to be eligible for a slot machine license; and
o Is exempt from thoroughbred horse racing purses and awards agreement requirements, and slot
machine gaming area requirements;
Is eligible, but not required, to be a guest track; and
Remains eligible for a cardroom license. (Section 1)
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DATE: 3/16/2025
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The bill requires thoroughbred permitholders to give notice prior to ending live racing and to continue to offer a
full schedule of live racing until the end of such notice period. The notice cannot be made prior to July 1, 2027, and
the term of the notice must ensure that live racing continues for at least three (3) years after the date of the notice.
Thus, the earliest date that a thoroughbred permitholder may elect to end live racing is July 1, 2030. (Section 1)
Thoroughbred Purses and Awards
The bill requires purse supplements to be given to the owners of Florida-bred racehorses as breeders' awards, and
given as stallion awards to be used to incentivize the ownership and the breeding of registered Florida-bred
horses; and requires the awards to be given at a uniform rate pursuant to an annual plan developed by the
commission. The plan must be developed with input from the Department of Agriculture and Consumer Services
(DACS), the thoroughbred racing and breeding industry, and the public, and must be published in the Florida
Register by January 1 for implementation during the next licensed racing year. (Section 2)
Permitholders must make payments for awards to the commission to be deposited in the Pari-mutuel Wagering
Trust Fund by the 5th day of each month, which will be made available for distribution according to the
commission’s annual plan, as follows:
.955 % of pari-mutuel pools from wagering on race meets, including intertrack, interstate simulcast and
Breeder’s Cup races conducted outside the state.
3.475 % of gross revenue from host tracks for live racing in this state that is broadcast out-of-state. (Section
2)
The bill sets standards for registering horses in order to be considered for certain breeder’s awards and allows the
Florida Thoroughbred Breeders’ Association to charge a fee of $75 for registration. The bill disqualifies stallions
that are removed from the state for any period of time between February 1 and June 15 of any year for any reason
from receiving a Florida stallion award. (Section 2)
Purses are required to be funded from pari-mutuel pools conducted by the permitholder and the bill provides for
discipline by the commission for failure to do so. A thoroughbred permit must pay as purses during its race meets
an amount equal to 7.0 percent of all wagers placed as purses during its current race meet. (Section 2)
The bill requires the commission, rather than the horsemen’s association, to maintain complete records related to
races conducted at thoroughbred tracks. The bill allows the commission to adopt emergency rules for purposes of
implementation, the commission is not required to make certain findings and such rules are exempt from certain
provisions of chapter 120.26, F.S. (Section 2)
The bill requires any funds in the possession of the Florida Thoroughbred Breeders’ Association related to
payments from permitholders to be paid to the commission for deposit into the Pari-mutuel Wagering Trust Fund.
(Section 2)
Horseracing, Minimum Purse Requirement, and Florida Breeders’ and Owners’ Awards
The bill repeals s. 550.2625, F.S., which governs the purse structure and the availability of breeder awards in horse
racing meets in this state. (Section 3)
Limited Thoroughbred Racing Permits
For thoroughbred permitholders that hold a permit in accordance with s. 550.3345, F.S., the bill creates a pathway
for such thoroughbred permitholders to operate racing at a licensed thoroughbred training center and requires
such permitholders to continue to offer a full schedule of live racing if the permitholder wants to obtain a
cardroom license. (Section 4)
Intertrack Wagering, Purses, Breeders’ Awards
The bill repeals s. 550.625, F.S., which governs the purse amounts from intertrack wagering for certain host tracks.
(Section 6)
License to Conduct Slot Machine Gaming
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill removes live racing requirements and makes conforming changes for thoroughbred permitholders with a
slot machine license. (Section 8)
DACS Distribution of Funds for Florida Thoroughbred Breeding and Racing
The bill revises the requirements that DACS distribute funds, from the Florida Agricultural Promotional Campaign
Trust Fun, to the thoroughbred breeding and racing industry, as follows:
Requires one million five hundred thousand dollars to be used for a program established by DACS for
the recruitment and retention of thoroughbred stallions and mares for breeding, as follows:
o Requires DACS to adopt rules to administer a grant program to implement this section which shall
be available to new stallions and mares registered with the Florida Thoroughbred Breeders’
Association, Inc. (association), after of the effective date of this act.
o Authorizes funds to be used to assist with the cost of relocation of out of state stallions and mares
and to subsidize the costs of breeding to registered Florida stallions. Reimbursement rates under
the program shall be as follows:
$25,000 available after verification by DACS of the relocation and the registration with the
association of a new stallion from out of state. No more than ten new stallions each year
that relocate to Florida and register with the association may be eligible for funds these
funds.
Up to $15,000 in additional funds for each stallion registered with the association after
the effective date of this act subject to performance criteria as a stud established by the
department for payment at the conclusion of the first foaling season following year after its
registration.
$1,500 per mare that has previously been bred to a thoroughbred stallion in an out of state
location upon the mare's relocation to Florida and the mare's registration with the
association after the effective date of this act to assist in the costs associated with the mare's
relocation to Florida and registration with the association.
$1,000 per mare located in Florida that at the time of registration with the association has
not previously been bred to a thoroughbred stallion.
Requires three million five hundred thousand dollars to be used for the reimbursement of stallion fees
to the owner of mares registered with the association after the mare produces a live foal from a breeding
with a stallion participating in the program, as follows:
o The owner of a mare may seek reimbursement after the mare produces a live foal and the foal's
registration with the association
o The owners of mares registered with the association may seek reimbursement for stallion stud fees
from DACS under the following criteria:
Owners of mares may only seek reimbursement for stallion stud fees which were $10,000
or less at the time of the breeding. DACS is authorized to adjust this cap in its annual
program beginning with the 2028 breeding season.
The owner of a mare registered with the association before the effective date of this act or
the owner of a mare registered after the effective date of this act that received
reimbursement for a stallion stud fee resulting in a live foal must receive reimbursement of
fifty percent of the stallion fee, up to $7,500. DACS is authorized to adjust this cap in its
annual program beginning with the 2029 breeding season.
The owner of a mare registered with the association after the effective date of this act must
receive a reimbursement of one hundred percent of the stallion stud fee, up to $10,000 for
its first live foal that the mare produces from a breeding to a stallion participating in the
program.
Authorizes the owner of any horse participating in or receiving funds from this program to only sell the
participating mare or stallion in a private sale or via a public sale at a sales venue located in Florida and
licensed by DACS.
Authorizes DACS to adopt emergency rules, forms, and audit procedures, without being subject to the:
o Findings requirements.
o 90 day effective timeframe.
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3
Specifies that such rules remain in effect until replaced by other emergency rules or by rules
adopted under the nonemergency rulemaking procedures of the Administrative Procedure
Act.
Authorizes the association to charge a maximum registration fee of $75 for each registered mare
participating in the program.
Requires the association to submit annually to the Commission and DACS by July 30 a report detailing the
new and current owners and horses participating in the program.
Revises the distribution of certain funds to Gulfstream Park Racing Association, Inc., to be used as purses in
thoroughbred races conducted by either Gulfstream Park Racing Association or Gulfstream Park
Thoroughbred Aftercare and Retirement Association at their current pari-mutuel facility as allowed under
s. 550.475 and s. 550.3345(2)(d), F.S., and for the maintenance and operation of its facility. (Section 9)
Cardroom Licensing
The bill removes the requirement for live racing for thoroughbred permitholders with a cardroom license. Such
permitholders are no longer required to conduct at least 90 percent of the live performances during the initial year
of licensure. (Section 10)
Effective Date
The bill provides an effective date of July 1, 2025. (Section 11)
RULEMAKING:
The bill allows the commission to adopt emergency rules for purposes of implementation and the commission is
not required to make certain findings. Further, such rules are exempt from certain provisions of chapter 120.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference (REC) is expected to estimate the potential impacts of the bill in February,
2025. The bill may have an insignificant impact on state government revenues. It is unknown how many
thoroughbred permitholders will elect to terminate live racing.
PRIVATE SECTOR:
Individuals and businesses associated with thoroughbred horse racing will experience an indeterminate impact
associated with the election by thoroughbred permitholders to conduct or not conduct live racing. Removing live
race requirements for such permitholders may reduce certain expenditures related to these activities.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Pari-mutuel Wagering
Since approximately 1931, pari-mutuel wagering activities (PMW) have been authorized in Florida for jai alai,
greyhound racing, and horseracing. These activities are overseen and regulated1 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within the
Department of Legal Affairs, Office of the Attorney General.2 The Commission issues permits and operating
1
From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
2
See ss. 16.71-16.716, F.S.
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4
licenses for PMW activities. Only PMW permitholders under certain conditions are authorized to conduct other
gaming activities like operating a cardroom or operating slot machines at their PMW facilities.
Live Racing Requirements
Currently, only thoroughbred permitholders are required to conduct live racing in order to operate other PMW
activities. For example, in order to hold a cardroom license, thoroughbred permitholders are required to run a
certain number of live races each year.
Greyhound permitholders are prohibited from conducting live racing.
Jai alai permitholders, harness horse racing permitholders, and quarter horse racing permitholders have the
option to conduct live racing or games but are not required to do so.3
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse racing
permitholder that does not conduct live racing or games:4
Retains its permit;
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting pursuant to
ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.;
Remains eligible for a cardroom license; and
If previously issued a slot machine license, remains eligible for such license.
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)5 provides specific permitting and licensing requirements for the pari-
mutuel industry.6 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities.7 Certain permitholders are also authorized to operate cardrooms8 and slot machines at their facility.9
Currently, there are three pari-mutuel operating licenses that were issued for fiscal year 2024-2025 to conduct live
thoroughbred racing performances. These licenses and their locations include:10
Gulfstream Park Racing Association Inc., operates at Gulfstream Park in Broward County.
Gulfstream Park Thoroughbred After Racing Program, Inc., operates at Gulfstream Park in Broward
County.
Tampa Bay Downs, Inc., operates at Tampa Bay Downs in Hillsborough County.
Slot Machine Licensing
In order to apply to conduct slot machine gaming a permitholder must first obtain permission from the voters of
the county where the applicant’s facility is located by referendum as specified in s. 23, Art. X of the State
Constitution.11 Currently, slot machines are only authorized in eight licensed PMW facilities12 located in Miami-
Dade and Broward counties, and are also authorized by Compact on the Seminole Tribe of Florida’s tribal
property.13
3
S. 550.01215, F.S.(1)(b)1., F.S.
4
Id.
5
See ch. 550, F.S.
6
S. 550.054(1), F.S.
7
S. 550.0115, F.S.
8
S. 849.086, F.S.
9
S. 551.104, F.S.
10 Email from Henry Mahler, Director of Legislative Affairs, Florida Gaming Control Commission, RE: Thoroughbred
Permitholders (Jan. 31, 2025).
11
S. 551.104(2), F.S.
12
S. 551.104(3), F.S.
13
S. 551.101, F.S.
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Thoroughbred permitholders are required to conduct a full schedule of live racing, as defined in s. 550.002(10),
F.S., in order to maintain their slot machine license.14
Cardroom Licensing
On order to apply for a cardroom license an applicant must first obtain a majority vote of the governing body of the
municipality or county the facility is located in.15
Municipalities are authorized to prohibit the establishment of a cardroom on or after July 1, 2021, within their
jurisdiction. This does not apply to a licensed pari-mutuel permitholder who held an operating license for the
conduct of pari-mutuel wagering for fiscal year 2020-2021 in the municipality’s jurisdiction or to a cardroom that
was previously approved by the municipality.16
A cardroom license may only be issued to a licensed PMW permitholder, and operated at the same facility at which
the permitholder is authorized to conduct PMW activities.17
A pari-mutuel permitholder, other than a converted quarter horse to thoroughbred permitholder or a purchaser,
transferee, or assignee holding a valid permit for the conduct of pari-mutuel wagering, may not be issued a license
for the operation of a cardroom if the permitholder did not hold an operating license for the conduct of pari-mutuel
wagering for fiscal year 2020-2021.18
In order for an initial cardroom license to be issued to a converted quarter horse to thoroughbred permitholder,
the applicant must have requested, as part of its pari-mutuel annual license application, to conduct at least a full
schedule of live racing.19
Currently, in order for a cardroom license to be renewed by a thoroughbred permitholder, it must run a certain
number of races each year:
“conduct at least 90 percent of the total number of live performances conducted by such permitholder
during either the state fiscal year in which its initial cardroom license was issued or the state fiscal year
immediately prior thereto if the permitholder ran at least a full schedule of live racing or games in the prior
year”.20
Thoroughbred Purses and Awards
A slot machine license may not be issued, or renewed, to an applicant holding a permit to conduct pari-mutuel
wagering meets of thoroughbred racing unless the applicant has on file with the Commission a binding written
agreement between the applicant and the:21
Florida Horsemen’s Benevolent and Protective Association, Inc., governing the payment of purses on live
thoroughbred races conducted at the licensee’s pari-mutuel facility.
Florida Thoroughbred Breeders’ Association, Inc., governing the payment of breeders’, stallion, and special
racing awards on live thoroughbred races conducted at the licensee’s pari-mutuel facility.
The agreements may direct the payment of such purses and awards from revenues generated by any wagering or
gaming the applicant is authorized to conduct under Florida law. All purses and awards are subject to the terms of
chapter 550, F.S. All sums for breeders’, stallion, and special racing awards are remitted monthly to the Florida
14 S. 551.104(4)(c), F.S.
15 S. 849.086(16)(a), F.S.
16 S. 849.086(16)(b), F.S.
17 S. 849.086(5)(a), F.S.
18 S. 849.086(5)(c), F.S.
19 Id.
20 Id.
21 S. 551.104(10)(a)1., F.S.
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Thoroughbred Breeders’ Association, Inc., for the payment of awards subject to the administrative fee authorized
in s. 550.2625(3), F.S.22
“Purse” means the cash portion of the prize for which a race or game is contested.23 “Breeders’ and stallions’
awards” means financial incentives paid to encourage the agricultural industry to breeding racehorses in this
state.24
Current law provides that “the purse structure and the availability of breeder awards are important factors in
attracting the entry of well-bred horses in racing meets in this state which in turn helps to produce maximum
racing revenues for the state and the counties.”25 Each permitholder conducting a horserace meet is required to
pay from the takeout withheld on pari-mutuel pools a sum for purses in accordance with the type of race
performed.26 Each horseracing permitholder conducting any thoroughbred race is required to pay a sum on all
pari-mutuel pools conducted during any such race for the payment of breeders’, stallion, or special racing awards.27
Limited Thoroughbred Racing Permits
Current law allowed a holder of a quarter horse racing permit to, within 1 year after the effective date of this law,
which became effective in 2009, to apply to the Commission for a transfer of the quarter horse racing permit to a
not-for-profit corporation, designated by the Florida Thoroughbred Breeders’ Association, to request that the
Commission convert the quarter horse racing permit to a permit authorizing the holder to conduct thoroughbred
racing.28
The quarter horse racing permit nor its conversion to a limited thoroughbred permit are subject to the mileage
limitation or the ratification election as set forth under s. 550.054(2) or s. 550.0651, F.S. After the conversion
issuance of the initial license to conduct thoroughbred racing, the not-for-profit corporation is required to annually
apply to the Commission for a thoroughbred racing license.29
Racing under the permit may take place only at the location for which the original quarter horse racing permit was
issued, which may be leased by the not-for-profit corporation for that purpose; however, the not-for-profit
corporation may, without the conduct of any ratification election pursuant to s. 550.054(13) or s. 550.0651, F.S.,
move the location of the permit to another location in the same county provided that such relocation is approved
under the zoning and land use regulations of the applicable county or municipality.30
A converted permit and a license issued to the not-for-profit corporation under chapter 849 are not eligible for
transfer to another person or entity.31
Unless otherwise provided, after conversion, the permit and the not-for-profit corporation are treated under the
laws of this state as a thoroughbred permit and as a thoroughbred permitholder, respectively, with the exception
of certain tax on handle and intertrack wagering requirements in ss. 550.09515(3) and 550.6308, F.S.32
Intertrack Wagering, Purses, Breeders’ Awards
Currently, a host track racing under either a thoroughbred or quarter horse permit is required to pay an amount
equal to 7.0 percent of all wagers placed pursuant to intertrack wagering, as purses during its current race meet.
However, up to 0.50 percent of these wagers placed may, at the option of the host track, be deducted from the
22 Id.
23 S. 550.002(28), F.S.
24 S. 550.002(2), F.S.
25 S. 550.2625(1), F.S.
26 See s. 550.2625(2)(a), F.S.
27 See s. 550.2625(3), F.S.
28 S. 550.3345(1), F.S.
29 S. 550.3345(2), F.S.
30 S. 550.3345(2)(d), F.S.
31 S. 550.3345(2)(e), F.S.
32 S. 550.3345(3), F.S.
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7
amount retained by the host track for purses to supplement the awards program for owners of Florida-bred
horses.33
A host track racing under a harness permit is required to pay an amount equal to 7 percent of all wagers placed
pursuant to intertrack wagering as purses during its current race meet. If a host track underpays or overpays
purses, the provisions of s. 550.2625, F.S., apply to the overpayment or underpayment.34
Of all wagers placed pursuant to intertrack wagering, if the host track is:35
A thoroughbred track, an amount equal to 0.75 percent is paid to the Florida Thoroughbred Breeders’
Association, Inc., for the payment of breeders’ awards;
A harness track, an amount equal to 1 percent is paid to the Florida Standardbred Breeders and Owners
Association, Inc., for the payment of breeders’ awards, stallion awards, stallion stakes, additional purses,
and prizes for, and the general promotion of owning and breeding, Florida-bred standardbred horses; or
A quarter horse track, an amount equal to 1 percent is paid to the Florida Quarter Horse Breeders and
Owners Association, Inc., for the payment of breeders’ awards and general promotion.
The law also provides certain requirements for payment to a breeders’ organization with regard to any other
amounts received by the respective breeders’ and owners’ associations as so designated.36
DACS Distribution of Funds for Florida Thoroughbred Breeding and Racing
Current law relating to the promotion of Florida thoroughbred breeding and racing at Florida thoroughbred tracks,
outlines the distribution of funds to encourage these activities. The law encourages the agricultural activity of
breeding thoroughbred racehorses in Florida and thoroughbred racing at Florida tracks.37
DACS is responsible for distributing funds from the Florida Agricultural Promotional Campaign Trust Fund to
achieve these goals. The law provides:38
Purses or purse supplements for Florida-bred or Florida-sired horses registered with the association that
participate in Florida thoroughbred races.
Stallion Awards to the owners of thoroughbred stallions appropriately registered with the association and
siring association -registered Florida-breds that finish first in a listed black-type stakes race at a Florida
thoroughbred track.
Recipients of funds under this section are required to submit a report to DACS detailing how all funds were used in
the prior fiscal year.39
33 S. 550.625(1), F.S.
34 Id.
35 S. 550.625(2)
36 S. 550.625(3), F.S.
37 See s. 571.265, F.S.
38 S. 571.265(3), F.S.
39 S. 571.265(4), F.S.
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8
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2021A CS/CS/HB 7A Latvala, Robinson, W. Hutson Removed requirements for
greyhound permitholders, jai
alai permitholders, and
harness horse permitholders
to conduct live racing or
games.
OTHER RESOURCES:
Florida Gaming Control Commission
Florida Thoroughbred Horsemen’s Association
Florida Thoroughbred Breeders’ and Owners’ Association
Gulfstream Park
Tampa Bay Downs
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Commerce Committee Hamon Thompson
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 105 2025
1 A bill to be entitled
2 An act relating to pari-mutuel wagering; amending s.
3 550.01215, F.S.; authorizing thoroughbred
4 permitholders to elect not to conduct live racing or
5 games; specifying that such permitholders retain
6 certain permits, eligibility, exemptions, and
7 licenses; providing that certain permitholders are
8 eligible to be a guest track, providing a timeframe
9 that certain thoroughbred permitholders may not offer
10 live racing, providing notice requirements; amending
11 s. 550.26165, F.S.; providing legislative purpose;
12 requiring certain moneys to be used for a specified
13 purpose; requiring such awards be given at a uniform
14 rate pursuant to a specified plan developed in a
15 certain manner; requiring such plan be published in
16 the Florida Administrative Register by a certain date;
17 authorizing the commission to use flexibility in the
18 development and implementation of a certain program;
19 providing the source of amounts available for
20 distribution; requiring permitholders to make certain
21 payments by a specified date; revising thoroughbred
22 breeders' awards; providing eligibility requirements
23 for awards; requiring a specified association to
24 maintain certain records; authorizing such association
25 to require a fee for specified services; providing a
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26 maximum for such fee; requiring purses be funded in a
27 specified manner and paid at a specified rate;
28 requiring awards to be paid on by a certain time;
29 requiring the Florida Gaming Control Commission
30 maintain certain records; requiring a certain
31 association to remit specified funds to the state
32 immediately; requiring such funds to be placed in a
33 specified account; authorizing awards to be paid for
34 races in other states or countries; requiring the
35 commission to adopt certain rules; providing
36 underpayment requirements for permitholders;
37 authorizing the commission to adopt emergency rules;
38 repealing s. 550.2625, F.S., relating to Horseracing;
39 minimum purse requirement; Florida breeders' and
40 owners' awards; amending s. 550.3345, F.S.; revising
41 provisions related to the conversion of quarter horse
42 permits to a limited thoroughbred permit; authorizing
43 such permit locations to be moved to a licensed
44 thoroughbred training center; providing for the
45 licensing of thoroughbred training centers; authorizes
46 the commission to adopt rules for such licensing and
47 oversight; provides for board membership of the not-
48 for-profit corporation; provides legislative findings;
49 preempts certain local laws, charters, ordinances,
50 resolutions, regulations, policies, initiatives, or
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51 referendums; provides application; amending s.
52 550.3351, F.S.; revising the entity responsible for
53 approving changes to live racing minimums; repealing
54 s. 550.625, F.S., relating to Intertrack wagering;
55 purses; breeders' awards; amending s. 550.6305, F.S.;
56 making conforming changes; amending s. 551.104, F.S.;
57 revising specified requirements for thoroughbred
58 permitholders who have certain licenses; amending s.
59 571.265, F.S.; relating to promotion of Florida
60 thoroughbred breeding and racing at Florida
61 thoroughbred tracks; amending s. 849.086, F.S.;
62 revising requirements for certain permitholders who
63 have cardroom licenses; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Paragraph (b) of subsection (1) of section
68 550.01215, Florida Statutes, is amended to read:
69 550.01215 License application; periods of operation;
70 license fees; bond.—
71 (1) Each permitholder shall annually, during the period
72 between January 15 and February 4, file in writing with the
73 commission its application for an operating license for a pari-
74 mutuel facility for the conduct of pari-mutuel wagering during
75 the next state fiscal year, including intertrack and simulcast
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76 race wagering. Each application for live performances must
77 specify the number, dates, and starting times of all live
78 performances that the permitholder intends to conduct. It must
79 also specify which performances will be conducted as charity or
80 scholarship performances.
81 (b)1. A greyhound permitholder may not conduct live
82 racing. A jai alai permitholder, thoroughbred permitholder,
83 harness horse racing permitholder, or quarter horse racing
84 permitholder may elect not to conduct live racing or games. A
85 thoroughbred permitholder must conduct live racing. A greyhound
86 permitholder, jai alai permitholder, thoroughbred permitholder,
87 harness horse racing permitholder, or quarter horse racing
88 permitholder that does not conduct live racing or games retains
89 its permit; is a pari-mutuel facility as defined in s.
90 550.002(23); if such permitholder has been issued a slot machine
91 license, the facility where such permit is located remains an
92 eligible facility as defined in s. 551.102(4), continues to be
93 eligible for a slot machine license pursuant to s. 551.104(3),
94 and is exempt from ss. 551.104(10) ss. 551.104(4)(c) and (10)
95 and 551.114(2); is eligible, but not required, to be a guest
96 track and, if the permitholder is a harness horse racing
97 permitholder or a thoroughbred permitholder, to be a host track
98 for purposes of intertrack wagering and simulcasting pursuant to
99 ss. 550.3551, 550.615, 550.625, and 550.6305; and remains
100 eligible for a cardroom license. A thoroughbred permitholder who
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101 operates a slot machine facility or cardroom shall offer a full
102 schedule of live racing until such permitholder notifies the
103 commission that it will no longer offer live racing. Notice
104 under this subparagraph is not valid unless it is delivered on
105 or after July 1, 2027, and contains the date on which the
106 permitholder will no longer offer live racing which may not be
107 earlier than a date 3 years after the date of the notice. The
108 permitholder is not required to deliver such notice when
109 relocating pursuant to s. 550.3345 or s. 550.475.
110 2. A permitholder or licensee may not conduct live
111 greyhound racing or dogracing in connection with any wager for
112 money or any other thing of value in the state. The commission
113 may deny, suspend, or revoke any permit or license under this
114 chapter if a permitholder or licensee conducts live greyhound
115 racing or dogracing in violation of this subparagraph. In
116 addition to, or in lieu of, denial, suspension, or revocation of
117 such permit or license, the commission may impose a civil
118 penalty of up to $5,000 against the permitholder or licensee for
119 a violation of this subparagraph. All penalties imposed and
120 collected must be deposited with the Chief Financial Officer to
121 the credit of the General Revenue Fund.
122 Section 2. Section 550.26165, Florida Statutes, is amended
123 to read:
124 (Substantial rewording of section.
125 See s. 550.26165, F.S., for present text.)
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126 550.26165 Breeders' incentives, purses and special racing
127 awards plan.—
128 (1) A purse structure for racehorse owners competitive
129 with the purses offered in other states is an important factor
130 in attracting the entry of well-bred horses in race meets in
131 this state. The availability of awards to the owners and the
132 breeders of Florida-bred racehorses, including the owners of
133 Florida based stallions, is an important factor used to
134 incentivize the purchase of Florida-bred horses at auction and
135 to induce well-bred stallions and mares to engage in breeding
136 activities in the state. In turn, the availability of these
137 financial awards help to assure the containing viability of the
138 thoroughbred industry in the state while simultaneously
139 producing maximum revenues from licensed racing activity for the
140 state and the counties. The purpose of this section is to
141 encourage the agricultural activity of owning, breeding, and
142 racing Florida-bred racehorses.
143 (2) Moneys dedicated in this chapter for use as purse
144 supplements to the owners of Florida-bred racehorses, as
145 breeders' awards, and as stallion awards are to be used to
146 incentivize the ownership and the breeding of registered
147 Florida-bred horses. Such awards shall be given at a uniform
148 rate pursuant to an annual plan developed by the commission. The
149 plan shall be developed with input from the Florida Department
150 of Agriculture and Consumer Services, stakeholders in the
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151 thoroughbred racing and breeding industry, and the general
152 public and published in the Florida Administrative Register by
153 January 1 for implementation during the next licensed racing
154 year. The awards programs described in this chapter must be
155 responsive to rapidly changing incentive programs in other
156 states and to accomplish this goal, the commission is hereby
157 authorized to use flexibility in the design and implementation
158 of a competitive awards programs. The plan approved by the
159 commission shall allocate, for distribution by category,
160 breeders' awards, stallion awards and Florida-bred purse
161 supplements available for distribution in the ensuing licensing
162 year. The amount available for distribution shall be derived
163 from the following sources:
164 (a) A minimum amount equal to 8.5 percent of the purse
165 account generated through intertrack wagering and interstate
166 simulcasting.
167 (b) A minimum amount equal to 0.955 percent on all pari-
168 mutuel pools conducted on all wagering during each race meet,
169 including any intertrack race taken pursuant to ss. 550.615-
170 550.6305 or any interstate simulcast taken pursuant to s.
171 550.3551(3). This paragraph also applies to all Breeder's Cup
172 races conducted outside this state taken pursuant to s.
173 550.3551(3).
174 (c) A minimum amount equal to 3.475 percent of the gross
175 revenue derived by the thoroughbred permitholder when serving as
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176 the host track for wagering on any race originating live in this
177 state which is broadcast out-of-state to any location at which
178 wagers are accepted pursuant to s. 550.3551(2).
179
180 The permitholder conducting the races shall make the payments
181 authorized in this section to the commission for deposit into
182 the Pari-mutuel Wagering Trust Fund. The permitholder shall
183 remit such payments to the commission by the 5th day of each
184 calendar month for such sums accruing during the preceding
185 calendar month and provide any corresponding reporting as
186 prescribed by the commission. Such payments together with any
187 interest earned shall be used exclusively for the payment of
188 breeders', stallion, or special racing awards in accordance with
189 the plan established pursuant to this section.
190 (3) In order for a breeder of a Florida-bred thoroughbred
191 horse to be eligible to receive a breeder's award, the horse
192 must have been registered as a Florida-bred horse with the
193 Florida Thoroughbred Breeders' Association and the Jockey Club
194 certificate for the horse must show that it has been duly
195 registered as a Florida-bred horse. The Florida Thoroughbred
196 Breeders' Association may charge the registrant a reasonable fee
197 for this verification and registration not to exceed $75 per
198 horse.
199 (4) In order for an owner of the sire of a thoroughbred
200 horse winning a stakes race to be eligible to receive a stallion
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201 award, the stallion must have been registered with the Florida
202 Thoroughbred Breeders' Association and the live breeding of the
203 registered Florida-bred horse must have occurred in this state.
204 The stallion must be standing permanently in this state during
205 the period of time between February 1 and June 15 of each year
206 or, if the stallion is dead, must have stood permanently in this
207 state for a period of not less than 1 year immediately before
208 its death. The removal of a stallion from this state during the
209 period of time between February 1 and June 15 of any year for
210 any reason, other than exclusively for prescribed medical
211 treatment, as approved by the Florida Thoroughbred Breeders'
212 Association, renders the owner or owners of the stallion
213 ineligible to receive a stallion award under any circumstances
214 for offspring sired before removal, however, if a removed
215 stallion is returned to this state, all offspring sired
216 subsequent to the return make the owner or owners of the
217 stallion eligible for the stallion award but only for those
218 offspring sired subsequent to such return to this state. The
219 Florida Thoroughbred Breeders' Association shall maintain
220 complete records showing the date the stallion arrived in this
221 state for the first time, whether or not the stallion remained
222 in the state permanently, the location of the stallion, and
223 whether the stallion is still standing in this state and
224 complete records showing awards earned, received, and
225 distributed. The Florida Thoroughbred Breeders' Association may
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226 charge the stallion owner a reasonable fee for this service not
227 to exceed $75 per stallion.
228 (5) Purses shall be funded from the pari-mutuel pools
229 conducted by the permitholder. A thoroughbred permit shall pay
230 as purses during its race meets an amount equal to 7.0 percent
231 of all wagers placed pursuant to the provisions of s. 550.615,
232 as purses during its current race meet.
233 (6) A permitholder conducting a thoroughbred horse race
234 under the provisions of this chapter shall, within 30 days after
235 the end of the race meet during which the race is conducted,
236 certify to the commission such information relating to the
237 thoroughbred horses winning a stakes or other horserace at the
238 meet as may be required to determine the eligibility for payment
239 of breeders', stallion, and special racing awards.
240 (7) The commission shall maintain complete records showing
241 the starters and winners in all races conducted at thoroughbred
242 tracks in this state and shall maintain complete records showing
243 awards earned, received, and distributed.
244 (8) Any funds in the possession of the Florida
245 Thoroughbred Breeders' Association that had been paid to it by
246 any thoroughbred permitholder as required by any provision of
247 chapter 550 or chapter 551 in effect when the payment was made
248 shall be immediately paid to the commission for deposit to the
249 Pari-mutuel Wagering Trust Fund. The commission shall authorize
250 payment from such funds to any breeder or stallion owner
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251 entitled to an award that has not been previously paid by the
252 Florida Thoroughbred Breeders' Association in accordance with
253 the applicable plan of distribution.
254 (9) Breeders' awards or stallion awards authorized under
255 this chapter, if authorized by a rule of the commission, may be
256 paid with respect to thoroughbred horse races taking place in
257 other states or countries.
258 (10) The commission shall adopt reasonable rules to ensure
259 the timely and accurate payment of all amounts withheld by
260 horserace permitholders regarding the distribution of purses,
261 owners' awards, and other amounts collected for payment to
262 owners and breeders pursuant to this section and this chapter.
263 (11) Each permitholder that fails to pay out all moneys
264 collected for payment to owners and breeders shall, within 10
265 days after the end of the meet during which the permitholder
266 underpaid purses, deposit an amount equal to the underpayment
267 into a separate interest-bearing account established by the
268 commission, which moneys shall be distributed to owners and
269 breeders in accordance with commission rules.
270 (12) The commission may at any time adopt emergency rules
271 pursuant to s. 120.54 to implement this section. The Legislature
272 finds that such emergency rulemaking power is necessary for the
273 preservation of the rights and welfare of the people in order to
274 provide additional funds to benefit the statewide thoroughbred
275 racing and breeding industry. The Legislature further finds that
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276 the unique nature of breeding and racing operations require,
277 from time to time, that the commission respond as quickly as is
278 practicable to changes in the marketplace. Therefore, in
279 adopting such emergency rules, the commission need not make the
280 findings required by s. 120.54(4)(a). Emergency rules adopted
281 under this section are exempt from s. 120.54(4)(c) and shall
282 remain in effect until replaced by other emergency rules or by
283 rules adopted under the nonemergency rulemaking procedures of
284 the Administrative Procedure Act.
285 Section 3. Section 550.2625, Florida Statutes, is
286 repealed.
287 Section 4. Paragraph (d) of subsection (2) of section
288 550.3345, Florida Statutes, is amended and subsections (4) and
289 (5) are added to that section, to read:
290 550.3345 Conversion of quarter horse permit to a limited
291 thoroughbred permit.—
292 (2) Notwithstanding any other provision of law, the holder
293 of a quarter horse racing permit issued under s. 550.334 may,
294 within 1 year after the effective date of this section, apply to
295 the commission for a transfer of the quarter horse racing permit
296 to a not-for-profit corporation formed under state law to serve
297 the purposes of the state as provided in subsection (1). The
298 board of directors of the not-for-profit corporation must be
299 comprised of 11 members, 4 of whom shall be designated by the
300 applicant, 4 of whom shall be designated by the Florida
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301 Thoroughbred Breeders' Association, and 3 of whom shall be
302 designated by the other 8 directors, with at least 1 of these 3
303 members being an authorized representative of another
304 thoroughbred permitholder in this state. The not-for-profit
305 corporation shall submit an application to the commission for
306 review and approval of the transfer in accordance with s.
307 550.054. Upon approval of the transfer by the commission, and
308 notwithstanding any other provision of law to the contrary, the
309 not-for-profit corporation may, within 1 year after its receipt
310 of the permit, request that the commission convert the quarter
311 horse racing permit to a permit authorizing the holder to
312 conduct pari-mutuel wagering meets of thoroughbred racing.
313 Neither the transfer of the quarter horse racing permit nor its
314 conversion to a limited thoroughbred permit shall be subject to
315 the mileage limitation or the ratification election as set forth
316 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
317 for such conversion, the commission shall timely issue a
318 converted permit. The converted permit and the not-for-profit
319 corporation shall be subject to the following requirements:
320 (d) Racing under the permit may take place only at the
321 location for which the original quarter horse racing permit was
322 issued, which may be leased by the not-for-profit corporation
323 for that purpose; however, the not-for-profit corporation may,
324 without the conduct of any ratification election pursuant to s.
325 550.054(13) or s. 550.0651, move the location of racing under
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326 the permit to either:
327 1. Another location in the same county provided that such
328 relocation is approved under the zoning and land use regulations
329 of the applicable county or municipality; or.
330 2. To a licensed thoroughbred training center located in a
331 county which has previously authorized pari-mutuel wagering
332 pursuant to subsection (4). In order to be licensed as a
333 thoroughbred training center, it must be designed and operated
334 for the purpose of training, boarding, and caring for
335 thoroughbred racehorses and be capable of providing instruction
336 for sundry equestrian activities related to this breed of horse.
337 The facility must have permanent stabling for at least 1,000
338 horses and operate multiple racecourses of varying surfaces for
339 the training of thoroughbred racing. Each racecourse must be at
340 least 50 feet wide and 3200 feet in length. The training
341 facility may include riding arenas, viewing stands, pastures,
342 grooming and veterinary care areas, and related amenities.
343 Nothwithstanding any other provision of law, such training
344 center may not operate a cardroom, or be issued a cardroom
345 operating license unless such training center operated a valid
346 cardroom license issued prior to January 1, 2025 directly under
347 its permit. Notwithstanding any other provision of law, such
348 training center may not operate a slot machine facility, or be
349 issued a slot machine facility operating license.
350 (4) In order to foster and protect the statewide
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351 importance and impact of thoroughbred racing and breeding
352 throughout the state, the commission may adopt rules for the
353 licensing and oversight of thoroughbred training centers in
354 Florida which host live thoroughbred racing in conjunction with
355 their training activities. Racing at such facilities shall only
356 be conducted by a permit converted under this section that has
357 provided sufficient evidence to the commission that the
358 governance of the not-for-profit corporation is controlled by
359 board comprised of three appointees from owner of the training
360 center, an individual appointed by the chair of the commission,
361 and an individual appointed by the Commissioner of the
362 Department of Agriculture and Consumer Services. The board
363 members may expand the board membership and make additional
364 appointments to the board from time to time pursuant to the
365 bylaws of the corporation.
366 (5) The Legislature finds and declares that it has
367 exclusive preemptive authority over the conduct of all aspects
368 of the business operations conducted at licensed thoroughbred
369 training centers authorized under this section to conduct pari-
370 mutuel wagering activities at such facilities, including but not
371 limited to the regulation of all equestrian activities, all
372 wagering activities and land use. As provided by law, only the
373 commission shall administer this section and regulate the
374 equestrian and pari-mutuel wagering activities conduced at, and
375 land use applicable to, licensed thoroughbred training centers
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376 as authorized in this section and the rules adopted by the
377 commission with respect thereto. Any provision of a local law, a
378 charter, an ordinance, a resolution, a regulation, a policy, an
379 initiative, or a referendum which is in conflict with this
380 section and which existed before, on, or after July 1, 2025, is
381 prohibited, void, and expressly preempted to the state.
382 Section 5. Paragraph (a) of subsection (6) of section
383 550.3551, Florida Statutes, is amended to read:
384 550.3551 Transmission of racing and jai alai information;
385 commingling of pari-mutuel pools.—
386 (6)(a) A permitholder conducting live races or games may
387 not conduct fewer than eight live races or games on any
388 authorized race day except as provided in this subsection. A
389 thoroughbred permitholder may not conduct fewer than eight live
390 races on any race day without the written approval of the
391 Florida Thoroughbred Breeders' Association and the Florida
392 Horsemen's Benevolent and Protective Association, Inc., unless
393 it is determined by the commission that another entity that
394 represents a majority of the thoroughbred racehorse owners and
395 trainers conducting racing during the licensed meet in the
396 state. If conducting live racing, a harness permitholder may
397 conduct fewer than eight live races on any authorized race day.
398 Any harness horse permitholder may receive full-card broadcasts
399 of harness horse races conducted at harness racetracks outside
400 this state at the harness track of the permitholder and accept
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401 wagers on such harness races.
402 Section 6. Section 550.625, Florida Statutes, is repealed.
403 Section 7. Paragraphs (a), (b), and (e) of subsection (9)
404 of section 550.6305, Florida Statutes, are amended to read:
405 550.6305 Intertrack wagering; guest track payments;
406 accounting rules.—
407 (9) A host track that has contracted with an out-of-state
408 horse track to broadcast live races conducted at such out-of-
409 state horse track pursuant to s. 550.3551(5) may broadcast such
410 out-of-state races to any guest track and accept wagers thereon
411 in the same manner as is provided in s. 550.3551.
412 (a) For purposes of this section, "net proceeds" means the
413 amount of takeout remaining after the payment of state taxes,
414 purses required pursuant to s. 550.0951(3)(c)1., the cost to the
415 permitholder required to be paid to the out-of-state horse
416 track, and breeders' awards paid to the commission Florida
417 Thoroughbred Breeders' Association and the Florida Standardbred
418 Breeders and Owners Association, to be used as set forth in this
419 chapter s. 550.625(2)(a) and (b).
420 (b) Notwithstanding any the provisions of this chapter to
421 the contrary subsection (1) and s. 550.625(1) and (2)(a), the
422 distribution of the net proceeds that are retained by a
423 thoroughbred host track from the takeout on an out-of-state race
424 rebroadcast under this subsection shall be as follows:
425 1. One-third of the remainder of such proceeds shall be
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426 paid to the guest track;
427 2. One-third of the remainder of such proceeds shall be
428 retained by the host track; and
429 3. One-third of the remainder of such proceeds shall be
430 paid by the host track as purses at the host track.
431 (e) Notwithstanding any the provisions of this chapter to
432 the contrary subsection (1) and s. 550.625(1) and (2)(b), the
433 proceeds that are retained by a harness host facility from the
434 takeout on a race broadcast under this subsection shall be
435 distributed as follows:
436 1. Of the total intertrack handle on the broadcast, 1
437 percent shall be deducted from the proceeds and paid to the
438 Florida Standardbred Breeders and Owners Association, Inc., to
439 be used as set forth in s. 550.625(2)(b);
440 2. One-third of the remainder of such proceeds shall be
441 paid to the guest facility;
442 3. One-third of the remainder of such proceeds shall be
443 retained by the host facility; and
444 4. One-third of the remainder of said proceeds shall be
445 paid by the host facility as purses at the host facility.
446 Section 8. Paragraphs (d) through (i) of subsection (4) of
447 section 551.104, Florida Statutes, are redesignated as
448 paragraphs (c) through (h), respectively, and present paragraph
449 (c) of subsection (4) and paragraph (a) of subsection (10) are
450 amended, to read:
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451 551.104 License to conduct slot machine gaming.—
452 (4) As a condition of licensure and to maintain continued
453 authority for the conduct of slot machine gaming, the slot
454 machine licensee shall:
455 (c) If a thoroughbred permitholder, conduct no fewer than
456 a full schedule of live racing or games as defined in s.
457 550.002(10). A permitholder's responsibility to conduct live
458 races or games shall be reduced by the number of races or games
459 that could not be conducted due to the direct result of fire,
460 strike, war, hurricane, pandemic, or other disaster or event
461 beyond the control of the permitholder.
462 (10)(a)1. No slot machine license or renewal thereof shall
463 be issued to an applicant holding a permit under chapter 550 to
464 conduct pari-mutuel wagering meets of thoroughbred racing unless
465 the applicant has on file with the commission a binding written
466 agreement between the applicant and the Florida Horsemen's
467 Benevolent and Protective Association, Inc., governing the
468 payment of purses on live thoroughbred races conducted at the
469 licensee's pari-mutuel facility. In addition, no slot machine
470 license or renewal thereof shall be issued to such an applicant
471 unless the applicant has on file with the commission a binding
472 written agreement between the applicant and the Florida
473 Thoroughbred Breeders' Association, Inc., governing the payment
474 of breeders', stallion, and special racing awards on live
475 thoroughbred races conducted at the licensee's pari-mutuel
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476 facility. The agreement governing purses and the agreement
477 governing awards may direct the payment of such purses and
478 awards from revenues generated by any wagering or gaming the
479 applicant is authorized to conduct under Florida law. All purses
480 and awards shall be subject to the terms of chapter 550. All
481 sums for breeders', stallion, and special racing awards shall be
482 remitted monthly to the Florida Thoroughbred Breeders'
483 Association, Inc., for the payment of awards subject to the
484 administrative fee authorized in s. 550.2625(3).
485 2. No slot machine license or renewal thereof shall be
486 issued to an applicant holding a permit under chapter 550 to
487 conduct pari-mutuel wagering meets of quarter horse racing
488 unless the applicant has on file with the commission a binding
489 written agreement between the applicant and the Florida Quarter
490 Horse Racing Association or the association representing a
491 majority of the horse owners and trainers at the applicant's
492 eligible facility, governing the payment of purses on live
493 quarter horse races conducted at the licensee's pari-mutuel
494 facility. The agreement governing purses may direct the payment
495 of such purses from revenues generated by any wagering or gaming
496 the applicant is authorized to conduct under Florida law. All
497 purses shall be subject to the terms of chapter 550.
498 Section 9. Paragraph (b) of subsection (3) of section
499 571.265, Florida Statutes, is redesignated as paragraph (c), and
500 paragraph (c) is added to subsection (1) and a new paragraph (b)
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501 is added to subsection (3) of that section, to read:
502 571.265 Promotion of Florida thoroughbred breeding and of
503 thoroughbred racing at Florida thoroughbred tracks; distribution
504 of funds.—
505 (1) For purposes of this section, the term:
506 (b) "Commission" means the Florida Gaming Control
507 Commission.
508 (3) The department shall distribute the funds made
509 available under this section as follows:
510 (a) Five million dollars shall be distributed to the
511 association to be used for the following:
512 1. One million five hundred thousand dollars shall be used
513 for a program established by the department for the recruitment
514 and retention of thoroughbred stallions and mares for breeding.
515 The department shall adopt rules and administer a grant program
516 to implement this section which shall be available to new
517 stallions and mares registered with the association after of the
518 effective date of this act. Funds may be used to assist with the
519 cost of relocation of out of state stallions and mares and to
520 subsidize the costs of breeding to registered Florida stallions.
521 Reimbursement rates under the program shall be as follows:
522 a. $25,000 shall be available after verification by the
523 department of the relocation and the registration with the
524 association of a new stallion from out of state. No more than
525 ten new stallions each year that relocate to Florida and
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526 register with the association may be eligible for funds under
527 this paragraph.
528 b. Up to $15,000 in additional funds shall be available
529 for each stallion registered with the association after the
530 effective date of this act subject to performance criteria as a
531 stud established by the department for payment at the conclusion
532 of the first foaling season following year after its
533 registration.
534 c. $1,500 per mare that has previously been bred to a
535 thoroughbred stallion in an out of state location upon the
536 mare's relocation to Florida and the mare's registration with
537 the association after the effective date of this act to assist
538 in the costs associated with the mare's relocation to Florida
539 and registration with the association.
540 d. $1,000 per mare located in Florida that at the time of
541 registration with the association has not previously been bred
542 to a thoroughbred stallion.
543 2. Three million five hundred thousand dollars shall be
544 used to provide for the reimbursement of stallion fees to the
545 owner of mares registered with the association after the mare
546 produces a live foal from a breeding with a stallion
547 participating in the program. The owner of a mare may seek
548 reimbursement after the mare produces a live foal and the foal's
549 registration with the association. The owners of mares
550 registered with the association may seek reimbursement for
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551 stallion stud fees from the department under the following
552 criteria:
553 a. Owners of mares may only seek reimbursement for
554 stallion stud fees which were $10,000 or less at the time of the
555 breeding.
556 b. The owner of a mare registered with the association
557 before the effective date of this act or the owner of a mare
558 registered after the effective date of this act that received
559 reimbursement for a stallion stud fee resulting in a live foal
560 under sub-paragraph c. shall receive reimbursement of fifty
561 percent of the stallion fee, up to $7,500.
562 c. The owner of a mare registered with the association
563 after the effective date of this act shall receive a
564 reimbursement of one hundred percent of the stallion stud fee,
565 up to $10,000 for its first live foal that the mare produces
566 from a breeding to a stallion participating in the program.
567 d. The department may adjust the caps established under
568 sub-paragraph a. in the annual program adopted by the department
569 beginning with the 2028 breeding season and in sub-paragraph b.
570 beginning with the 2029 breeding season.
571 3. The owner of any horse participating in or receiving
572 funds from this program may only sell the participating mare or
573 stallion in a private sale or via a public sale at a sales venue
574 located in Florida and licensed by the department pursuant to s.
575 535.01.
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576 4. The department may at any time adopt emergency rules,
577 forms and audit procedures pursuant to s. 120.54. The
578 Legislature finds that such emergency rulemaking power is
579 necessary for the preservation of the rights and welfare of the
580 people participating in the annual program in order to provide
581 these additional funds to benefit the public. The Legislature
582 further finds that the unique nature of thoroughbred breeding
583 operations requires, from time to time, that the department
584 respond as quickly as is practicable to changes in the
585 marketplace. Therefore, in adopting such emergency rules, the
586 department need not make the findings required by s.
587 120.54(4)(a). Emergency rules adopted under this section are
588 exempt from s. 120.54(4)(c) and shall remain in effect until
589 replaced by other emergency rules or by rules adopted under the
590 nonemergency rulemaking procedures of the Administrative
591 Procedure Act.
592 5. The association may charge a registration fee not to
593 exceed $75 for each registered mare participating in the program
594 and shall submit annually to the commission and the department
595 by July 30 a report detailing the new and current owners and
596 horses participating in the program.
597 1. Purses or purse supplements for Florida-bred or
598 Florida-sired horses registered with the association that
599 participate in Florida thoroughbred races.
600 2. Awards to breeders of Florida-bred horses registered
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601 with the association that win, place, or show in Florida
602 thoroughbred races.
603 3. Awards to owners of stallions who sired Florida-bred
604 horses registered with the association that win Florida
605 thoroughbred stakes races, if the stallions are registered with
606 the association as Florida stallions standing in this state.
607 4. Other racing incentives connected to Florida-bred or
608 Florida-sired horses registered with the association that
609 participate in thoroughbred races in Florida.
610 5. Awards administration.
611 6. Promotion of the Florida thoroughbred breeding
612 industry.
613 (b) Five million dollars shall be distributed to Tampa Bay
614 Downs, Inc., to be used as purses in thoroughbred races
615 conducted at its pari-mutuel facilities and for the maintenance
616 and operation of that facility, pursuant to an agreement with
617 its local majority horsemen’s group.
618 (c) Fifteen million dollars shall be distributed to
619 Gulfstream Park Racing Association, Inc., to be used as purses
620 in thoroughbred races conducted by either Gulfstream Park Racing
621 Association or Gulfstream Park Thoroughbred Aftercare and
622 Retirement Association at their current pari-mutuel facility as
623 allowed under s. 550.475 and s. 550.3345(2)(d) and for the
624 maintenance and operation of its facility at its pari-mutuel
625 facility and for the maintenance and operation of its facility,
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626 pursuant to an agreement with the Florida Horsemen’s Benevolent
627 and Protective Association, Inc.
628 (d) Two and one-half million dollars shall be distributed
629 as follows:
630 1. Two million dollars to Gulfstream Park Racing
631 Association, Inc., and Gulfstream Park Thoroughbred Aftercare
632 and Retirement Association, to be used as purses and purse
633 supplements for Florida-bred or Florida-sired horses registered
634 with the association that participate in thoroughbred races at
635 the permitholder’s pari-mutuel facility, or a facility as
636 allowed under s. 550.475 and s. 550.3345(2)(d), pursuant to an
637 annual plan established by the commission a written agreement
638 filed with the department establishing the rates, procedures,
639 and eligibility requirements entered into by the permitholder,
640 the association, and the Florida Horsemen’s Benevolent and
641 Protective Association, Inc.
642 2. Five hundred thousand dollars to Tampa Bay Downs, Inc.,
643 to be used as purses and purse supplements for Florida-bred or
644 Florida-sired horses registered with the association that
645 participate in thoroughbred races at the permitholder’s pari-
646 mutuel facility, pursuant to an annual plan established by the
647 commission. a written agreement filed with the department
648 establishing the rates, procedures, and eligibility requirements
649 entered into by the permitholder, the association, and the local
650 majority horsemen’s group at the permitholder’s pari-mutuel
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651 facility.
652 (4) If either permitholder referenced to in s. 571.265(b)
653 and s. 571.265(c) elects to no longer offer live racing
654 performances such permitholder allocation of the fund shall be
655 distributed to any other permitholder which is licensed to offer
656 a full calendar of live racing at location which is more than
657 125 miles from the location of a permitholder which did not
658 elect to discontinue offering live performances. If there are
659 more than one, the funds shall be prorated proportionately
660 according to live race days. If there are no permitholders
661 offering live racing performances outside the 125 mile
662 restricted area, the nonelecting permitholder shall receive 100
663 percent of the funds subject to offering a full racing calendar.
664 (5)(4) On or before the first day of the August following
665 each fiscal year in which a recipient under this section
666 received or used funds pursuant to this section, each such
667 recipient must submit a report to the department detailing how
668 all funds were used in the prior fiscal year.
669 Section 10. Paragraph (c) of subsection (5) and paragraph
670 (d) of subsection (13) of section 849.086, Florida Statutes, are
671 amended to read:
672 849.086 Cardrooms authorized.—
673 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
674 operate a cardroom in this state unless such person holds a
675 valid cardroom license issued pursuant to this section.
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676 (c) Notwithstanding any other provision of law, a pari-
677 mutuel permitholder, other than a permitholder issued a permit
678 pursuant to s. 550.3345 or a purchaser, transferee, or assignee
679 holding a valid permit for the conduct of pari-mutuel wagering
680 approved pursuant to s. 550.054(15)(a), may not be issued a
681 license for the operation of a cardroom if the permitholder did
682 not hold an operating license for the conduct of pari-mutuel
683 wagering for fiscal year 2020-2021. In order for an initial
684 cardroom license to be issued to a thoroughbred permitholder
685 issued a permit pursuant to s. 550.3345, the applicant must have
686 requested, as part of its pari-mutuel annual license
687 application, to conduct at least a full schedule of live racing.
688 In order for a cardroom license to be renewed by a thoroughbred
689 permitholder, the applicant must have requested, as part of its
690 pari-mutuel annual license application, to conduct at least 90
691 percent of the total number of live performances conducted by
692 such permitholder during either the state fiscal year in which
693 its initial cardroom license was issued or the state fiscal year
694 immediately prior thereto if the permitholder ran at least a
695 full schedule of live racing or games in the prior year.
696 (13) TAXES AND OTHER PAYMENTS.—
697 (d)1. Each jai alai permitholder that conducts live
698 performances and operates a cardroom facility shall use at least
699 4 percent of such permitholder's cardroom monthly gross receipts
700 to supplement jai alai prize money during the permitholder's
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701 next ensuing pari-mutuel meet.
702 2. Each thoroughbred permitholder or harness horse racing
703 permitholder that conducts live performances and operates a
704 cardroom facility shall use at least 50 percent of such
705 permitholder's cardroom monthly net proceeds as follows: 47
706 percent to supplement purses and 3 percent to supplement
707 breeders' awards during the permitholder's next ensuing racing
708 meet.
709 2.3. No cardroom license or renewal thereof shall be
710 issued to an applicant holding a permit under chapter 550 to
711 conduct pari-mutuel wagering meets of quarter horse racing and
712 conducting live performances unless the applicant has on file
713 with the commission a binding written agreement between the
714 applicant and the Florida Quarter Horse Racing Association or
715 the association representing a majority of the horse owners and
716 trainers at the applicant's eligible facility, governing the
717 payment of purses on live quarter horse races conducted at the
718 licensee's pari-mutuel facility. The agreement governing purses
719 may direct the payment of such purses from revenues generated by
720 any wagering or gaming the applicant is authorized to conduct
721 under Florida law. All purses shall be subject to the terms of
722 chapter 550.
723 Section 11. This act shall take effect July 1, 2025.
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COMMERCE COMMITTEE
PCS for CS/HB 105 by Rep. Anderson
Thoroughbred Permitholders
AMENDMENT SUMMARY
March 17, 2025
Amendment 1 by Rep. Anderson (strike-all):
• Retains the decoupling provisions in the bill.
• Requires thoroughbred permitholders to provide the Florida Gaming Control
Commission with notice prior to ending live racing.
• Removes live racing requirements related to the tax on handle for intertrack wagering in
the market area of certain thoroughbred permitholders.
• Amends requirements related to thoroughbred purses and certain agreements related to
live racing.
o Changes the current purse structure, and the allocation structure for breeders
awards, stallion awards and Florida-bred purse supplements.
o Revises contracting requirements between the horsemen’s associations and
permitholders.
• Creates a pathway for certain thoroughbred permitholders to operate racing at a
licensed thoroughbred training center.
• Prohibits converted thoroughbred permitholders from obtaining slot machine and
cardroom licenses under certain conditions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Anderson offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6
7 Section 1. Paragraph (c) of subsection (3) of section
8 550.0951, Florida Statutes, is amended to read:
9 550.0951 Payment of daily license fee and taxes;
10 penalties.—
11 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
12 contributions to pari-mutuel pools, the aggregate of which is
13 hereinafter referred to as "handle," on races or games conducted
14 by the permitholder. The tax is imposed daily and is based on
15 the total contributions to all pari-mutuel pools conducted
16 during the daily performance. If a permitholder conducts more
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
17 than one performance daily, the tax is imposed on each
18 performance separately.
19 (c)1. The tax on handle for intertrack wagering is 2.0
20 percent of the handle if the host track is a horse track, 3.3
21 percent if the host track is a harness track, 5.5 percent if the
22 host track is a dog track, and 7.1 percent if the host track is
23 a jai alai fronton. The tax on handle for intertrack wagering is
24 0.5 percent if the host track and the guest track are
25 thoroughbred permitholders or if the guest track is located
26 outside the market area of the host track and within the market
27 area of a thoroughbred permitholder currently conducting a live
28 race meet. The tax on handle for intertrack wagering on
29 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
30 of the handle and 1.5 percent of the handle for intertrack
31 wagering on rebroadcasts of simulcast harness horseraces. The
32 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
33 2. The tax on handle for intertrack wagers accepted by any
34 dog track located in an area of the state in which there are
35 only three permitholders, all of which are greyhound
36 permitholders, located in three contiguous counties, from any
37 greyhound permitholder also located within such area or any dog
38 track or jai alai fronton located as specified in s. 550.615(6)
39 or (9), on races or games received from the same class of
40 permitholder located within the same market area is 3.9 percent
41 if the host facility is a greyhound permitholder and, if the
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
42 host facility is a jai alai permitholder, the rate shall be 6.1
43 percent except that it shall be 2.3 percent on handle at such
44 time as the total tax on intertrack handle paid to the
45 commission by the permitholder during the current state fiscal
46 year exceeds the total tax on intertrack handle paid to the
47 commission by the permitholder during the 1992-1993 state fiscal
48 year.
49 Section 2. Paragraph (b) of subsection (1) of section
50 550.01215, Florida Statutes, is amended to read:
51 550.01215 License application; periods of operation;
52 license fees; bond.—
53 (1) Each permitholder shall annually, during the period
54 between January 15 and February 4, file in writing with the
55 commission its application for an operating license for a pari-
56 mutuel facility for the conduct of pari-mutuel wagering during
57 the next state fiscal year, including intertrack and simulcast
58 race wagering. Each application for live performances must
59 specify the number, dates, and starting times of all live
60 performances that the permitholder intends to conduct. It must
61 also specify which performances will be conducted as charity or
62 scholarship performances.
63 (b)1. A greyhound permitholder may not conduct live
64 racing. A jai alai permitholder, thoroughbred permitholder,
65 harness horse racing permitholder, or quarter horse racing
66 permitholder may elect not to conduct live racing or games. A
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
67 thoroughbred permitholder must conduct live racing. A greyhound
68 permitholder, jai alai permitholder, thoroughbred permitholder,
69 harness horse racing permitholder, or quarter horse racing
70 permitholder that does not conduct live racing or games retains
71 its permit; is a pari-mutuel facility as defined in s.
72 550.002(23); if such permitholder has been issued a slot machine
73 license, the facility where such permit is located remains an
74 eligible facility as defined in s. 551.102(4), continues to be
75 eligible for a slot machine license pursuant to s. 551.104(3),
76 and is exempt from ss. 551.104(10) ss. 551.104(4)(c) and (10)
77 and 551.114(2); is eligible, but not required, to be a guest
78 track and, if the permitholder is a harness horse racing
79 permitholder or a thoroughbred permitholder, to be a host track
80 for purposes of intertrack wagering and simulcasting pursuant to
81 ss. 550.3551, 550.615, 550.625, and 550.6305; and remains
82 eligible for a cardroom license. A thoroughbred permitholder who
83 operates a slot machine facility or cardroom shall offer a full
84 schedule of live racing until such permitholder notifies the
85 commission that it will no longer offer live racing. Notice
86 under this subparagraph is not valid unless it is delivered on
87 or after July 1, 2027, and contains the date on which the
88 permitholder will no longer offer live racing which may not be
89 earlier than a date 3 years after the date of the notice. The
90 permitholder is not required to deliver such notice when
91 relocating pursuant to s. 550.3345.
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
92 2. A permitholder or licensee may not conduct live
93 greyhound racing or dogracing in connection with any wager for
94 money or any other thing of value in the state. The commission
95 may deny, suspend, or revoke any permit or license under this
96 chapter if a permitholder or licensee conducts live greyhound
97 racing or dogracing in violation of this subparagraph. In
98 addition to, or in lieu of, denial, suspension, or revocation of
99 such permit or license, the commission may impose a civil
100 penalty of up to $5,000 against the permitholder or licensee for
101 a violation of this subparagraph. All penalties imposed and
102 collected must be deposited with the Chief Financial Officer to
103 the credit of the General Revenue Fund.
104 Section 3. Section 550.26165, Florida Statutes, is amended
105 to read:
106 (Substantial rewording of section.
107 See s. 550.26165, F.S., for present text.)
108 550.26165 Breeders' incentives, purses and special racing
109 awards plan.—
110 (1) A purse structure for racehorse owners competitive
111 with the purses offered in other states is an important factor
112 in attracting the entry of well-bred horses in race meets in
113 this state. The availability of awards to the owners and the
114 breeders of Florida-bred racehorses, including the owners of
115 Florida based stallions, is an important factor used to
116 incentivize the purchase of Florida-bred horses at auction and
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Amendment No. 1
117 to induce well-bred stallions and mares to engage in breeding
118 activities in the state. In turn, the availability of these
119 financial awards help to assure the containing viability of the
120 thoroughbred industry in the state while simultaneously
121 producing maximum revenues from licensed racing activity for the
122 state and the counties. The purpose of this section is to
123 encourage the agricultural activity of owning, breeding, and
124 racing Florida-bred racehorses.
125 (2) Moneys dedicated in this chapter for use as purse
126 supplements to the owners of Florida-bred racehorses, as
127 breeders' awards, and as stallion awards are to be used to
128 incentivize the ownership and the breeding of registered
129 Florida-bred horses. Such awards shall be given at a uniform
130 rate pursuant to an annual plan developed by the commission. The
131 plan shall be developed with input from the Florida Department
132 of Agriculture and Consumer Services, stakeholders in the
133 thoroughbred racing and breeding industry, and the general
134 public and published in the Florida Administrative Register by
135 January 1 for implementation during the next licensed racing
136 year. The awards programs described in this chapter must be
137 responsive to rapidly changing incentive programs in other
138 states and to accomplish this goal, the commission is hereby
139 authorized to use flexibility in the design and implementation
140 of a competitive awards programs. The plan approved by the
141 commission shall allocate, for distribution by category,
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
142 breeders' awards, stallion awards and Florida-bred purse
143 supplements available for distribution in the ensuing licensing
144 year. The amount available for distribution shall be derived
145 from the following sources:
146 (a) A minimum amount equal to 0.955 percent on all pari-
147 mutuel pools conducted on all wagering during each race meet,
148 including any intertrack race taken pursuant to ss. 550.615-
149 550.6305 or any interstate simulcast taken pursuant to s.
150 550.3551(3). This paragraph also applies to all Breeder's Cup
151 races conducted outside this state taken pursuant to s.
152 550.3551(3).
153 (b) A minimum amount equal to 3.475 percent of the gross
154 revenue derived by the thoroughbred permitholder when serving as
155 the host track for wagering on any race originating live in this
156 state which is broadcast out-of-state to any location at which
157 wagers are accepted pursuant to s. 550.3551(2).
158
159 The permitholder conducting the races shall make the payments
160 authorized in this section to the commission for deposit into
161 the Pari-mutuel Wagering Trust Fund. The permitholder shall
162 remit such payments to the commission by the 5th day of each
163 calendar month for such sums accruing during the preceding
164 calendar month and provide any corresponding reporting as
165 prescribed by the commission. Such payments together with any
166 interest earned shall be used exclusively for the payment of
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Amendment No. 1
167 breeders', stallion, or special racing awards in accordance with
168 the plan established pursuant to this section.
169 (3) In order for a breeder of a Florida-bred thoroughbred
170 horse to be eligible to receive a breeder's award, the horse
171 must have been registered as a Florida-bred horse with the
172 Florida Thoroughbred Breeders' Association and the Jockey Club
173 certificate for the horse must show that it has been duly
174 registered as a Florida-bred horse. The Florida Thoroughbred
175 Breeders' Association may charge the registrant a reasonable fee
176 for this verification and registration not to exceed $75 per
177 horse.
178 (4) In order for an owner of the sire of a thoroughbred
179 horse winning a stakes race to be eligible to receive a stallion
180 award, the stallion must have been registered with the Florida
181 Thoroughbred Breeders' Association and the live breeding of the
182 registered Florida-bred horse must have occurred in this state.
183 The stallion must be standing permanently in this state during
184 the period of time between February 1 and June 15 of each year
185 or, if the stallion is dead, must have stood permanently in this
186 state for a period of not less than 1 year immediately before
187 its death. The removal of a stallion from this state during the
188 period of time between February 1 and June 15 of any year for
189 any reason, other than exclusively for prescribed medical
190 treatment, as approved by the Florida Thoroughbred Breeders'
191 Association, renders the owner or owners of the stallion
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Amendment No. 1
192 ineligible to receive a stallion award under any circumstances
193 for offspring sired before removal, however, if a removed
194 stallion is returned to this state, all offspring sired
195 subsequent to the return make the owner or owners of the
196 stallion eligible for the stallion award but only for those
197 offspring sired subsequent to such return to this state. The
198 Florida Thoroughbred Breeders' Association shall maintain
199 complete records showing the date the stallion arrived in this
200 state for the first time, whether or not the stallion remained
201 in the state permanently, the location of the stallion, and
202 whether the stallion is still standing in this state and
203 complete records showing awards earned, received, and
204 distributed. The Florida Thoroughbred Breeders' Association may
205 charge the stallion owner a reasonable fee for this service not
206 to exceed $75 per stallion.
207 (5) Purses shall be funded from the pari-mutuel pools
208 conducted by the permitholder. A thoroughbred permit shall pay
209 as purses during its race meets an amount equal to 7.0 percent
210 of all wagers placed pursuant to the provisions of s. 550.615,
211 as purses during its current race meet.
212 (6) A permitholder conducting a thoroughbred horse race
213 under the provisions of this chapter shall, within 30 days after
214 the end of the race meet during which the race is conducted,
215 certify to the commission such information relating to the
216 thoroughbred horses winning a stakes or other horserace at the
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
217 meet as may be required to determine the eligibility for payment
218 of breeders', stallion, and special racing awards.
219 (7) The commission shall maintain complete records showing
220 the starters and winners in all races conducted at thoroughbred
221 tracks in this state and shall maintain complete records showing
222 awards earned, received, and distributed.
223 (8) Any funds in the possession of the Florida
224 Thoroughbred Breeders' Association that had been paid to it by
225 any thoroughbred permitholder as required by any provision of
226 chapter 550 or chapter 551 in effect when the payment was made
227 or by the Florida Department of Agriculture and Consumer
228 Services as required by any provision of chapter 571 in effect
229 when the payment was made shall be immediately paid to the
230 commission for deposit to the Pari-mutuel Wagering Trust Fund.
231 The commission shall authorize payment from such funds to any
232 breeder or stallion owner entitled to an award that has not been
233 previously paid by the Florida Thoroughbred Breeders'
234 Association in accordance with the applicable plan of
235 distribution.
236 (9) Breeders' awards or stallion awards authorized under
237 this chapter, if authorized by a rule of the commission, may be
238 paid with respect to thoroughbred horse races taking place in
239 other states or countries.
240 (10) The commission shall adopt reasonable rules to ensure
241 the timely and accurate payment of all amounts withheld by
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Amendment No. 1
242 horserace permitholders regarding the distribution of purses,
243 owners' awards, and other amounts collected for payment to
244 owners and breeders pursuant to this section and this chapter.
245 (11) Each permitholder that fails to pay out all moneys
246 collected for payment to owners and breeders shall, within 10
247 days after the end of the meet during which the permitholder
248 underpaid purses, deposit an amount equal to the underpayment
249 into a separate interest-bearing account established by the
250 commission, which moneys shall be distributed to owners and
251 breeders in accordance with commission rules.
252 (12) The commission may at any time adopt emergency rules
253 pursuant to s. 120.54 to implement this section. The Legislature
254 finds that such emergency rulemaking power is necessary for the
255 preservation of the rights and welfare of the people in order to
256 provide additional funds to benefit the statewide thoroughbred
257 racing and breeding industry. The Legislature further finds that
258 the unique nature of breeding and racing operations require,
259 from time to time, that the commission respond as quickly as is
260 practicable to changes in the marketplace. Therefore, in
261 adopting such emergency rules, the commission need not make the
262 findings required by s. 120.54(4)(a). Emergency rules adopted
263 under this section are exempt from s. 120.54(4)(c) and shall
264 remain in effect until replaced by other emergency rules or by
265 rules adopted under the nonemergency rulemaking procedures of
266 the Administrative Procedure Act.
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Amendment No. 1
267 Section 4. Section 550.2625, Florida Statutes, is
268 repealed.
269 Section 5. Subsection (2) of section 550.3345, Florida
270 Statutes, is amended and subsections (4) and (5) are added to
271 that section, to read:
272 550.3345 Conversion of quarter horse permit to a limited
273 thoroughbred permit.—
274 (2) Notwithstanding any other provision of law, the holder
275 of a quarter horse racing permit issued under s. 550.334 may,
276 within 1 year after the effective date of this section, apply to
277 the commission for a transfer of the quarter horse racing permit
278 to a not-for-profit corporation formed under state law to serve
279 the purposes of the state as provided in subsection (1). The
280 board of directors of the not-for-profit corporation must be
281 comprised of 11 members, 4 of whom shall be designated by the
282 applicant, 4 of whom shall be designated by the commission
283 Florida Thoroughbred Breeders' Association, and 3 of whom shall
284 be designated by the other 8 directors, with at least 1 of these
285 3 members being an authorized representative of another
286 thoroughbred permitholder in this state. The not-for-profit
287 corporation shall submit an application to the commission for
288 review and approval of the transfer in accordance with s.
289 550.054. Upon approval of the transfer by the commission, and
290 notwithstanding any other provision of law to the contrary, the
291 not-for-profit corporation may, within 1 year after its receipt
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Amendment No. 1
292 of the permit, request that the commission convert the quarter
293 horse racing permit to a permit authorizing the holder to
294 conduct pari-mutuel wagering meets of thoroughbred racing.
295 Neither the transfer of the quarter horse racing permit nor its
296 conversion to a limited thoroughbred permit shall be subject to
297 the mileage limitation or the ratification election as set forth
298 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
299 for such conversion, the commission shall timely issue a
300 converted permit. The converted permit and the not-for-profit
301 corporation shall be subject to the following requirements:
302 (d) Racing under the permit may take place only at the
303 location for which the original quarter horse racing permit was
304 issued, which may be leased by the not-for-profit corporation
305 for that purpose; however, the not-for-profit corporation may,
306 without the conduct of any ratification election pursuant to s.
307 550.054(13) or s. 550.0651, move the location of racing under
308 the permit to either:
309 1. Another location in the same county provided that such
310 relocation is approved under the zoning and land use regulations
311 of the applicable county or municipality; or.
312 2. To a licensed thoroughbred training center located in a
313 county which has previously authorized pari-mutuel wagering. In
314 order to be licensed as a thoroughbred training center, it must
315 be designed and operated for the purpose of training, boarding,
316 and caring for thoroughbred racehorses and be capable of
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Amendment No. 1
317 providing instruction for sundry equestrian activities related
318 to this breed of horse. The facility must have permanent
319 stabling for at least 1,000 horses and operate multiple
320 racecourses of varying surfaces for the training of thoroughbred
321 racing. Each racecourse must be at least 50 feet wide and 3200
322 feet in length. The training facility may include riding arenas,
323 viewing stands, pastures, grooming and veterinary care areas,
324 and related amenities. Notwithstanding any other provision of
325 law, such training center may not operate a cardroom, and such
326 permitholder operating the training center may not be issued a
327 cardroom operating license unless such permitholder held a valid
328 cardroom license issued before January 1, 2025. Notwithstanding
329 any other provision of law, such training center may not operate
330 a slot machine facility, and such permitholder operating the
331 training center may not be issued a slot machine facility
332 operating license.
333 (4) In order to foster and protect the statewide
334 importance and impact of thoroughbred racing and breeding
335 throughout the state, the commission may adopt rules for the
336 licensing and oversight of thoroughbred training centers in
337 Florida which host live thoroughbred racing in conjunction with
338 their training activities. Racing at such facilities shall only
339 be conducted by a permit converted under this section that has
340 provided sufficient evidence to the commission that the
341 governance of the not-for-profit corporation is controlled by
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Amendment No. 1
342 board comprised of three appointees from owner of the training
343 center, an individual appointed by the chair of the commission,
344 and an individual appointed by the Commissioner of the
345 Department of Agriculture and Consumer Services. The board
346 members may expand the board membership and make additional
347 appointments to the board from time to time pursuant to the
348 bylaws of the corporation.
349 (5) The Legislature finds and declares that it has
350 exclusive preemptive authority over the conduct of all aspects
351 of the business operations conducted at licensed thoroughbred
352 training centers authorized under this section to conduct pari-
353 mutuel wagering activities at such facilities, including but not
354 limited to the regulation of all equestrian activities, all
355 wagering activities and land use. As provided by law, only the
356 commission shall administer this section and regulate the
357 equestrian and pari-mutuel wagering activities conduced at, and
358 land use applicable to, licensed thoroughbred training centers
359 as authorized in this section and the rules adopted by the
360 commission with respect thereto. Any provision of a local law, a
361 charter, an ordinance, a resolution, a regulation, a policy, an
362 initiative, or a referendum which is in conflict with this
363 section and which existed before, on, or after July 1, 2025, is
364 prohibited, void, and expressly preempted to the state.
365 Section 6. Paragraph (a) of subsection (6) of section
366 550.3551, Florida Statutes, is amended to read:
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367 550.3551 Transmission of racing and jai alai information;
368 commingling of pari-mutuel pools.—
369 (6)(a) A permitholder conducting live races or games may
370 not conduct fewer than eight live races or games on any
371 authorized race day except as provided in this subsection. A
372 thoroughbred permitholder may not conduct fewer than eight live
373 races on any race day without the written approval of the
374 Florida Thoroughbred Breeders' Association and the Florida
375 Horsemen's Benevolent and Protective Association, Inc., unless
376 it is determined by the commission that another entity that
377 represents a majority of the thoroughbred racehorse owners and
378 trainers conducting racing during the licensed meet in the
379 state. If conducting live racing, a harness permitholder may
380 conduct fewer than eight live races on any authorized race day.
381 Any harness horse permitholder may receive full-card broadcasts
382 of harness horse races conducted at harness racetracks outside
383 this state at the harness track of the permitholder and accept
384 wagers on such harness races.
385 Section 7. Section 550.625, Florida Statutes, is repealed.
386 Section 8. Paragraphs (a), (b), and (e) of subsection (9)
387 of section 550.6305, Florida Statutes, are amended to read:
388 550.6305 Intertrack wagering; guest track payments;
389 accounting rules.—
390 (9) A host track that has contracted with an out-of-state
391 horse track to broadcast live races conducted at such out-of-
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392 state horse track pursuant to s. 550.3551(5) may broadcast such
393 out-of-state races to any guest track and accept wagers thereon
394 in the same manner as is provided in s. 550.3551.
395 (a) For purposes of this section, "net proceeds" means the
396 amount of takeout remaining after the payment of state taxes,
397 purses required pursuant to s. 550.0951(3)(c)1., the cost to the
398 permitholder required to be paid to the out-of-state horse
399 track, and breeders' awards paid to the commission Florida
400 Thoroughbred Breeders' Association and the Florida Standardbred
401 Breeders and Owners Association, to be used as set forth in this
402 chapter s. 550.625(2)(a) and (b).
403 (b) Notwithstanding any the provisions of this chapter to
404 the contrary subsection (1) and s. 550.625(1) and (2)(a), the
405 distribution of the net proceeds that are retained by a
406 thoroughbred host track from the takeout on an out-of-state race
407 rebroadcast under this subsection shall be as follows:
408 1. One-third of the remainder of such proceeds shall be
409 paid to the guest track;
410 2. One-third of the remainder of such proceeds shall be
411 retained by the host track; and
412 3. One-third of the remainder of such proceeds shall be
413 paid by the host track as purses at the host track.
414 (e) Notwithstanding any the provisions of this chapter to
415 the contrary subsection (1) and s. 550.625(1) and (2)(b), the
416 proceeds that are retained by a harness host facility from the
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417 takeout on a race broadcast under this subsection shall be
418 distributed as follows:
419 1. Of the total intertrack handle on the broadcast, 1
420 percent shall be deducted from the proceeds and paid to the
421 Florida Standardbred Breeders and Owners Association, Inc., to
422 be used as set forth in s. 550.625(2)(b);
423 2. One-third of the remainder of such proceeds shall be
424 paid to the guest facility;
425 3. One-third of the remainder of such proceeds shall be
426 retained by the host facility; and
427 4. One-third of the remainder of said proceeds shall be
428 paid by the host facility as purses at the host facility.
429 Section 9. Paragraphs (d) through (i) of subsection (4) of
430 section 551.104, Florida Statutes, are redesignated as
431 paragraphs (c) through (h), respectively, and present paragraph
432 (c) of subsection (4) and paragraph (a) of subsection (10) are
433 amended, to read:
434 551.104 License to conduct slot machine gaming.—
435 (4) As a condition of licensure and to maintain continued
436 authority for the conduct of slot machine gaming, the slot
437 machine licensee shall:
438 (c) If a thoroughbred permitholder, conduct no fewer than
439 a full schedule of live racing or games as defined in s.
440 550.002(10). A permitholder's responsibility to conduct live
441 races or games shall be reduced by the number of races or games
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442 that could not be conducted due to the direct result of fire,
443 strike, war, hurricane, pandemic, or other disaster or event
444 beyond the control of the permitholder.
445 (10)(a)1. No slot machine license or renewal thereof shall
446 be issued to an applicant holding a permit under chapter 550 to
447 conduct pari-mutuel wagering meets of thoroughbred racing unless
448 the applicant has on file with the commission a binding written
449 agreement between the applicant and the Florida Horsemen's
450 Benevolent and Protective Association, Inc., governing the
451 payment of purses on live thoroughbred races conducted at the
452 licensee's pari-mutuel facility. In addition, no slot machine
453 license or renewal thereof shall be issued to such an applicant
454 unless the applicant has on file with the commission a binding
455 written agreement between the applicant and the Florida
456 Thoroughbred Breeders' Association, Inc., governing the payment
457 of breeders', stallion, and special racing awards on live
458 thoroughbred races conducted at the licensee's pari-mutuel
459 facility. The agreement governing purses and the agreement
460 governing awards may direct the payment of such purses and
461 awards from revenues generated by any wagering or gaming the
462 applicant is authorized to conduct under Florida law. All purses
463 and awards shall be subject to the terms of chapter 550. All
464 sums for breeders', stallion, and special racing awards shall be
465 remitted monthly to the Florida Thoroughbred Breeders'
466 Association, Inc., for the payment of awards subject to the
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467 administrative fee authorized in s. 550.2625(3).
468 2. No slot machine license or renewal thereof shall be
469 issued to an applicant holding a permit under chapter 550 to
470 conduct pari-mutuel wagering meets of quarter horse racing
471 unless the applicant has on file with the commission a binding
472 written agreement between the applicant and the Florida Quarter
473 Horse Racing Association or the association representing a
474 majority of the horse owners and trainers at the applicant's
475 eligible facility, governing the payment of purses on live
476 quarter horse races conducted at the licensee's pari-mutuel
477 facility. The agreement governing purses may direct the payment
478 of such purses from revenues generated by any wagering or gaming
479 the applicant is authorized to conduct under Florida law. All
480 purses shall be subject to the terms of chapter 550.
481 Section 10. Section 571.265, Florida Statutes, is amended
482 to read:
483 571.265 Promotion of Florida thoroughbred breeding and of
484 thoroughbred racing at Florida thoroughbred tracks; distribution
485 of funds.—
486 (1) For purposes of this section, the term:
487 (b) "Commission" means the Florida Gaming Control
488 Commission.
489 (3) The department shall distribute the funds made
490 available under this section as follows:
491 (a) Five million dollars shall be distributed to the
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492 commission association to be used for the following:
493 1. One million five hundred thousand dollars shall be used
494 for a program established by the department for the recruitment
495 and retention of thoroughbred stallions and mares for breeding.
496 The department shall adopt rules and administer a grant program
497 to implement this section which shall be available to new
498 stallions and mares registered with the association after of the
499 effective date of this act. Funds may be used to assist with the
500 cost of relocation of out of state stallions and mares and to
501 subsidize the costs of breeding to registered Florida stallions.
502 Reimbursement rates under the program shall be as follows:
503 a. $25,000 shall be available after verification by the
504 department of the relocation and the registration with the
505 association of a new stallion from out of state. No more than
506 ten new stallions each year that relocate to Florida and
507 register with the association may be eligible for funds under
508 this paragraph.
509 b. Up to $15,000 in additional funds shall be available
510 for each stallion registered with the association after the
511 effective date of this act subject to performance criteria as a
512 stud established by the department for payment at the conclusion
513 of the first foaling season following year after its
514 registration.
515 c. $1,500 per mare that has previously been bred to a
516 thoroughbred stallion in an out of state location upon the
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517 mare's relocation to Florida and the mare's registration with
518 the association after the effective date of this act to assist
519 in the costs associated with the mare's relocation to Florida
520 and registration with the association.
521 d. $1,000 per mare located in Florida that at the time of
522 registration with the association has not previously been bred
523 to a thoroughbred stallion.
524 2. Three million five hundred thousand dollars shall be
525 used to provide for the reimbursement of stallion fees to the
526 owner of mares registered with the association after the mare
527 produces a live foal from a breeding with a stallion
528 participating in the program. The owner of a mare may seek
529 reimbursement after the mare produces a live foal and the foal's
530 registration with the association. The owners of mares
531 registered with the association may seek reimbursement for
532 stallion stud fees from the department under the following
533 criteria:
534 a. Owners of mares may only seek reimbursement for
535 stallion stud fees which were $10,000 or less at the time of the
536 breeding.
537 b. The owner of a mare registered with the association
538 before the effective date of this act or the owner of a mare
539 registered after the effective date of this act that received
540 reimbursement for a stallion stud fee resulting in a live foal
541 under sub-paragraph c. shall receive reimbursement of fifty
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542 percent of the stallion fee, up to $7,500.
543 c. The owner of a mare registered with the association
544 after the effective date of this act shall receive a
545 reimbursement of one hundred percent of the stallion stud fee,
546 up to $10,000 for its first live foal that the mare produces
547 from a breeding to a stallion participating in the program.
548 d. The department may adjust the caps established under
549 sub-paragraph a. in the annual program adopted by the department
550 beginning with the 2028 breeding season and in sub-paragraph b.
551 beginning with the 2029 breeding season.
552 3. The owner of any horse participating in or receiving
553 funds from this program may only sell the participating mare or
554 stallion in a private sale or via a public sale at a sales venue
555 located in Florida and licensed by the department pursuant to s.
556 535.01.
557 4. The department may at any time adopt emergency rules,
558 forms and audit procedures pursuant to s. 120.54. The
559 Legislature finds that such emergency rulemaking power is
560 necessary for the preservation of the rights and welfare of the
561 people participating in the annual program in order to provide
562 these additional funds to benefit the public. The Legislature
563 further finds that the unique nature of thoroughbred breeding
564 operations requires, from time to time, that the department
565 respond as quickly as is practicable to changes in the
566 marketplace. Therefore, in adopting such emergency rules, the
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567 department need not make the findings required by s.
568 120.54(4)(a). Emergency rules adopted under this section are
569 exempt from s. 120.54(4)(c) and shall remain in effect until
570 replaced by other emergency rules or by rules adopted under the
571 nonemergency rulemaking procedures of the Administrative
572 Procedure Act.
573 5. The association may charge a registration fee not to
574 exceed $75 for each registered mare participating in the program
575 and shall submit annually to the commission and the department
576 by July 30 a report detailing the new and current owners and
577 horses participating in the program.
578 1. Purses or purse supplements for Florida-bred or
579 Florida-sired horses registered with the association that
580 participate in Florida thoroughbred races.
581 2. Awards to breeders of Florida-bred horses registered
582 with the association that win, place, or show in Florida
583 thoroughbred races.
584 3. Awards to owners of stallions who sired Florida-bred
585 horses registered with the association that win Florida
586 thoroughbred stakes races, if the stallions are registered with
587 the association as Florida stallions standing in this state.
588 4. Other racing incentives connected to Florida-bred or
589 Florida-sired horses registered with the association that
590 participate in thoroughbred races in Florida.
591 5. Awards administration.
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592 6. Promotion of the Florida thoroughbred breeding
593 industry.
594 (b) Five million dollars shall be distributed to Tampa Bay
595 Downs, Inc., to be used as purses in thoroughbred races
596 conducted at its pari-mutuel facilities and for the maintenance
597 and operation of that facility, pursuant to an agreement with
598 its local majority horsemen's group.
599 (c) Fifteen million dollars shall be distributed to
600 Gulfstream Park Racing Association, Inc., to be used as purses
601 in thoroughbred races conducted by either Gulfstream Park Racing
602 Association or Gulfstream Park Thoroughbred Aftercare and
603 Retirement Association at their current pari-mutuel facility as
604 allowed under s. 550.475 and s. 550.3345(2)(d) and for the
605 maintenance and operation of its facility at its pari-mutuel
606 facility and for the maintenance and operation of its facility,
607 pursuant to an agreement with the Florida Horsemen's Benevolent
608 and Protective Association, Inc.
609 (d) Two and one-half million dollars shall be distributed
610 as follows:
611 1. One Two million dollars to Gulfstream Park Racing
612 Association, Inc., and Gulfstream Park Thoroughbred Aftercare
613 and Retirement Association, to be used as purses and purse
614 supplements for Florida-bred or Florida-sired horses registered
615 with the association that participate in thoroughbred races at
616 the permitholder's racing location pari-mutuel facility,
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617 pursuant to a written agreement filed with its majority
618 horsemen’s group the department establishing the rates,
619 procedures, and eligibility requirements entered into by the
620 permitholder, the association, and the Florida Horsemen's
621 Benevolent and Protective Association, Inc.
622 2. One million dollars to Gulfstream Park Racing
623 Association, Inc., to be used as restricted purses for Florida-
624 bred or Florida-sired horses registered with the association
625 that participate in thoroughbred races conducted at the
626 permitholder’s pari-mutuel facility between May 1 and November 1
627 pursuant to a written agreement with its majority horsemen’s
628 group. The plan for payment of the restricted purses shall be
629 submitted to the commission and incorporated into its annual
630 plan for purses and purse supplements. Funds allocated under
631 this paragraph shall be for racing purses only, and no
632 administrative fees shall be deducted from these funds.
633 3. 2. Five hundred thousand dollars to Tampa Bay Downs,
634 Inc., to be used as purses and purse supplements for Florida-
635 bred or Florida-sired horses registered with the association
636 that participate in thoroughbred races at the permitholder's
637 pari-mutuel facility, pursuant to an annual plan established by
638 the commission. a written agreement filed with the department
639 establishing the rates, procedures, and eligibility requirements
640 entered into by the permitholder, the association, and the local
641 majority horsemen's group at the permitholder's pari-mutuel
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642 facility.
643 (4) If either permitholder referenced in s. 571.265(b) or
644 (c) elects to no longer offer live racing performances, such
645 permitholder's allocation of the fund shall be distributed to
646 any other permitholder which is licensed to offer a full
647 calendar of live racing at a location which is more than 125
648 miles from the location of a permitholder which did not elect to
649 discontinue offering live performances. If there are more than
650 one, the funds shall be prorated proportionately according to
651 live race days. If there are no permitholders offering live
652 racing performances outside the 125 mile restricted area, the
653 nonelecting permitholder shall receive 100 percent of the funds
654 subject to offering a full racing calendar.
655 (5)(4) On or before the first day of the August following
656 each fiscal year in which a recipient under this section
657 received or used funds pursuant to this section, each such
658 recipient must submit a report to the department detailing how
659 all funds were used in the prior fiscal year.
660 Section 11. Paragraph (c) of subsection (5) and paragraph
661 (d) of subsection (13) of section 849.086, Florida Statutes, are
662 amended to read:
663 849.086 Cardrooms authorized.—
664 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
665 operate a cardroom in this state unless such person holds a
666 valid cardroom license issued pursuant to this section.
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Amendment No. 1
667 (c) Notwithstanding any other provision of law, a pari-
668 mutuel permitholder, other than a permitholder issued a permit
669 pursuant to s. 550.3345 or a purchaser, transferee, or assignee
670 holding a valid permit for the conduct of pari-mutuel wagering
671 approved pursuant to s. 550.054(15)(a), may not be issued a
672 license for the operation of a cardroom if the permitholder did
673 not hold an operating license for the conduct of pari-mutuel
674 wagering for fiscal year 2020-2021. In order for an initial
675 cardroom license to be issued to a thoroughbred permitholder
676 issued a permit pursuant to s. 550.3345, the applicant must have
677 requested, as part of its pari-mutuel annual license
678 application, to conduct at least a full schedule of live racing.
679 In order for a cardroom license to be renewed by a thoroughbred
680 permitholder, the applicant must have requested, as part of its
681 pari-mutuel annual license application, to conduct at least 90
682 percent of the total number of live performances conducted by
683 such permitholder during either the state fiscal year in which
684 its initial cardroom license was issued or the state fiscal year
685 immediately prior thereto if the permitholder ran at least a
686 full schedule of live racing or games in the prior year.
687 (13) TAXES AND OTHER PAYMENTS.—
688 (d)1. Each jai alai permitholder that conducts live
689 performances and operates a cardroom facility shall use at least
690 4 percent of such permitholder's cardroom monthly gross receipts
691 to supplement jai alai prize money during the permitholder's
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
692 next ensuing pari-mutuel meet.
693 2. Each thoroughbred permitholder or harness horse racing
694 permitholder that conducts live performances and operates a
695 cardroom facility shall use at least 50 percent of such
696 permitholder's cardroom monthly net proceeds as follows: 47
697 percent to supplement purses and 3 percent to supplement
698 breeders' awards during the permitholder's next ensuing racing
699 meet.
700 2.3. No cardroom license or renewal thereof shall be
701 issued to an applicant holding a permit under chapter 550 to
702 conduct pari-mutuel wagering meets of quarter horse racing and
703 conducting live performances unless the applicant has on file
704 with the commission a binding written agreement between the
705 applicant and the Florida Quarter Horse Racing Association or
706 the association representing a majority of the horse owners and
707 trainers at the applicant's eligible facility, governing the
708 payment of purses on live quarter horse races conducted at the
709 licensee's pari-mutuel facility. The agreement governing purses
710 may direct the payment of such purses from revenues generated by
711 any wagering or gaming the applicant is authorized to conduct
712 under Florida law. All purses shall be subject to the terms of
713 chapter 550.
714 Section 12. This act shall take effect July 1, 2025.
715
716
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
717 -----------------------------------------------------
718 T I T L E A M E N D M E N T
719 Remove everything before the enacting clause and insert:
720 An act relating to pari-mutuel wagering; amending s.
721 550.0951, F.S.; removing live racing requirements
722 regarding the payment of a certain tax on handle for
723 intertrack wagering; amending s. 550.01215, F.S.;
724 authorizing thoroughbred permitholders to elect not to
725 conduct live racing or games; specifying that such
726 permitholders retain certain permits, eligibility,
727 exemptions, and licenses; providing that certain
728 permitholders are eligible to be a guest track,
729 providing a timeframe that certain thoroughbred
730 permitholders may not offer live racing, providing
731 notice requirements; amending s. 550.26165, F.S.;
732 providing legislative purpose; requiring certain
733 moneys to be used for a specified purpose; requiring
734 such awards be given at a uniform rate pursuant to a
735 specified plan developed in a certain manner;
736 requiring such plan be published in the Florida
737 Administrative Register by a certain date; authorizing
738 the commission to use flexibility in the development
739 and implementation of a certain program; providing the
740 source of amounts available for distribution;
741 requiring permitholders to make certain payments by a
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Amendment No. 1
742 specified date; revising thoroughbred breeders'
743 awards; providing eligibility requirements for awards;
744 requiring a specified association to maintain certain
745 records; authorizing such association to require a fee
746 for specified services; providing a maximum for such
747 fee; requiring purses be funded in a specified manner
748 and paid at a specified rate; requiring awards to be
749 paid on by a certain time; requiring the Florida
750 Gaming Control Commission maintain certain records;
751 requiring a certain association to remit specified
752 funds to the state immediately; requiring such funds
753 to be placed in a specified account; authorizing
754 awards to be paid for races in other states or
755 countries; requiring the commission to adopt certain
756 rules; providing underpayment requirements for
757 permitholders; authorizing the commission to adopt
758 emergency rules; repealing s. 550.2625, F.S., relating
759 to Horseracing; minimum purse requirement; Florida
760 breeders' and owners' awards; amending s. 550.3345,
761 F.S.; revising provisions related to the conversion of
762 quarter horse permits to a limited thoroughbred
763 permit; specifying that such thoroughbred racing
764 permitholders are required to conduct a full schedule
765 of live racing; authorizing such permit locations to
766 be moved to a licensed thoroughbred training center;
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Bill No. PCS for CS/HB 105 (2025)
Amendment No. 1
767 providing for the licensing of thoroughbred training
768 centers; authorizing the commission to adopt rules for
769 such licensing and oversight; providing for board
770 membership of the not-for-profit corporation;
771 providing legislative findings; preempting certain
772 local laws, charters, ordinances, resolutions,
773 regulations, policies, initiatives, or referendums;
774 provides application; amending s. 550.3351, F.S.;
775 revising the entity responsible for approving changes
776 to live racing minimums; repealing s. 550.625, F.S.,
777 relating to Intertrack wagering; purses; breeders'
778 awards; amending s. 550.6305, F.S.; making conforming
779 changes; amending s. 551.104, F.S.; revising specified
780 requirements for thoroughbred permitholders who have
781 certain licenses; amending s. 571.265, F.S.; relating
782 to promotion of Florida thoroughbred breeding and
783 racing at Florida thoroughbred tracks; amending s.
784 849.086, F.S.; revising requirements for certain
785 permitholders who have cardroom licenses; providing an
786 effective date.
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