1998 Florida Code
TITLE XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 550 Pari-mutuel Wagering  
550.72   Department of State; City of Hialeah; study of Hialeah Park; appropriation; duties and responsibilities; taxation.

550.72  Department of State; City of Hialeah; study of Hialeah Park; appropriation; duties and responsibilities; taxation.--

(1)  The Department of State, in conjunction with the office of the mayor of the City of Hialeah, is hereby directed to undertake a comprehensive study of the feasibility of state or municipal ownership of Hialeah Park and its operation of a limited race meet pursuant to this section. All references to the "department" for purposes of this section shall mean the Secretary of State.

(2)(a)  There is hereby appropriated the sum of $185,000 from the Pari-Mutuel Wagering Trust Fund to the department. Such funds shall be expended solely and exclusively for a review, analysis, and report to the Senate, the House of Representatives, and the Governor in regard to the feasibility of state or municipal ownership of the property known as Hialeah Park located in Hialeah, Florida, and the pari-mutuel permit held by Hialeah, Inc. The report shall contain the following information:

1.  A financial analysis as to the cost of operating the facility as a racetrack, including year-round maintenance expenses.

2.  An analysis of other compatible uses for the property, including, but not limited to, amusement, retail shopping development, recreational use, or a museum, that would operate in conjunction with a racetrack, operating a limited racing meet and simulcast program.

3.  A recommendation of future revenues that the property could generate.

4.  A recommendation as to its future operation and financing.

5.  Such other necessary information in regard to the overall health of the thoroughbred industry as will be required to complete the analysis, review, and report to the Senate, the House of Representatives, and the Governor.

(b)  The department shall also obtain an appraisal of the land and facilities known as Hialeah Park and the pari-mutuel permit held by Hialeah, Inc., utilizing the information filed in accordance with the provisions of s. 550.125, provided the appraiser shall have no ex parte communications with any party holding a pari-mutuel permit until the conclusion of the appraisal, at which time the appraisal shall become a public record, and available for inspection by all parties. This appraisal shall be completed by November 15, 1998.

(c)  None of the funds appropriated pursuant to paragraph (a) shall be expended by the department for any salaries of employees of the department; however, nothing contained herein shall be interpreted to prevent the department from contracting with individuals to oversee, on behalf of the department and the office of the mayor of the City of Hialeah, the means to properly carry out the duties and responsibilities set out in this section.

(d)  The analysis, review, and report shall receive at least one public hearing. A final recommendation shall be filed with the Speaker of the House, the President of the Senate, the Governor and the Mayor of the City of Hialeah. Such recommendation shall contain a definitive recommendation by January 31, 1999, as to the following:

1.  What part of the property is determined to be necessary and essential for conducting a live racing meet in conjunction with the simulcast program.

2.  The projected capital cost of purchase of the property determined in subparagraph 1. and the pari-mutuel permit.

3.  A recommendation as to a method of paying the projected capital cost.

(3)  In the conduct of the duties and responsibilities set out herein, the department and all employees, agents, and others shall be subject to the provisions of chapter 119, provided that the confidentiality of the appraisal and communications with such appraiser shall be governed by paragraph (2)(b) and provided the appraiser shall have no ex parte communications with any party holding a pari-mutuel permit until the conclusion of the appraisal at which time the appraisal shall become a public record.

History.--s. 12, ch. 98-190.