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Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 105 (2025)

Summary

Amendment No. 1 to PCS for CS/HB 105 (2025), offered by Representative Anderson for the Commerce Committee, is an amendment with a title amendment that removes everything after the enacting clause and inserts new text. Section 1 amends the Florida Statutes on the tax on handle for intertrack wagering, with rates of 2.0 percent if the host track is a horse track, 3.3 percent for a harness track, 5.5 percent for a dog track and 7.1 percent for a jai alai fronton. Section 2 amends the license application provisions for permitholders of pari-mutuel facilities. The printed title amendment lists further changes touching thoroughbred permitholders, purses, breeders' awards and permitholders who have cardroom licenses.

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“Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 105 (2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3285-commerce-committee-proposed-committee-bill-amendments-fn-pcs-2758ded441/, SHA-256 8aa82217af8db7431759aab0f4f2818b12980fb4d617bbb85c8fe5739d5712b9.

Full text

                                           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       WITHDRAWN                        (Y/N)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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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)
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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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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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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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