Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
CHAMBER ACTION
Senate House
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03/27/2007 11:49 AM .
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11 The Committee on Regulated Industries (Aronberg) recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Subsections (2), (3), and (4), paragraphs
19 (b) and (c) of subsection (7), paragraph (b) of subsection
20 (8), and paragraph (c) of subsection (12) of section 849.086,
21 Florida Statutes, are amended to read:
22 849.086 Cardrooms authorized.--
23 (2) DEFINITIONS.--As used in this section:
24 (a) "Authorized game" means a game or series of games
25 of cards poker which are played in a nonbanking manner.
26 (b) "Authorized game facilitated by electronic
27 equipment" means an authorized game that:
28 1. Is an electronic poker table that allows players to
29 play a game electronically without a human dealer and that
30 electronically shuffles, deals, pays pots, and otherwise
31 conducts an authorized game; and
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 2. Uses gaming equipment that is certified by an
2 independent testing laboratory approved by the division as a
3 mathematically random process with equal probability for each
4 card.
5 (c)(b) "Banking game" means a game in which the house
6 is a participant in the game, taking on players, paying
7 winners, and collecting from losers or in which the cardroom
8 establishes a bank against which participants play.
9 (d)(c) "Cardroom" means a facility where authorized
10 card games are played for money or anything of value and to
11 which the public is invited to participate in such games and
12 charged a fee for participation by the operator of such
13 facility. Authorized games and cardrooms do not constitute
14 casino gaming operations.
15 (e)(d) "Cardroom management company" means any
16 individual not an employee of the cardroom operator, any
17 proprietorship, partnership, corporation, or other entity that
18 enters into an agreement with a cardroom operator to manage,
19 operate, or otherwise control the daily operation of a
20 cardroom.
21 (f)(e) "Cardroom distributor" means any business that
22 distributes cardroom paraphernalia such as card tables,
23 betting chips, chip holders, drop boxes, banking supplies,
24 playing cards, card shufflers, and other associated equipment
25 to authorized cardrooms.
26 (g)(f) "Cardroom operator" means a licensed
27 pari-mutuel permitholder which holds a valid permit and
28 license issued by the division pursuant to chapter 550 and
29 which also holds a valid cardroom license issued by the
30 division pursuant to this section which authorizes such person
31 to operate a cardroom and to conduct authorized games in such
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 cardroom.
2 (h)(g) "Division" means the Division of Pari-mutuel
3 Wagering of the Department of Business and Professional
4 Regulation.
5 (i)(h) "Gross receipts" means the total amount of
6 money received by a cardroom from any person for participation
7 in authorized games.
8 (j)(i) "House" means the cardroom operator and all
9 employees of the cardroom operator.
10 (k)(j) "Net proceeds" means the total amount of gross
11 receipts received by a cardroom operator from cardroom
12 operations less direct operating expenses related to cardroom
13 operations, including labor costs, admission taxes only if a
14 separate admission fee is charged for entry to the cardroom
15 facility, gross receipts taxes imposed on cardroom operators
16 by this section, the annual cardroom license fees imposed by
17 this section on each table operated at a cardroom, and
18 reasonable promotional costs excluding officer and director
19 compensation, interest on capital debt, legal fees, real
20 estate taxes, bad debts, contributions or donations, or
21 overhead and depreciation expenses not directly related to the
22 operation of the cardrooms.
23 (l)(k) "Rake" means a set fee or percentage of the pot
24 assessed by a cardroom operator for providing the services of
25 a dealer, table, or location for playing the authorized game.
26 (3) CARDROOM AUTHORIZED.--Notwithstanding any other
27 provision of law, it is not a crime for a person to
28 participate in an authorized game at a licensed cardroom or to
29 operate a cardroom described in this section if such game and
30 cardroom operation are conducted strictly in accordance with
31 the provisions of this section. This subsection does not
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 authorize video poker games or any other game or machine:
2 (a) That is not otherwise authorized under the law of
3 this state; or
4 (b) As authorized in a licensed slot machine facility.
5 (4) AUTHORITY OF DIVISION.--The Division of
6 Pari-mutuel Wagering of the Department of Business and
7 Professional Regulation shall administer this section and
8 regulate the operation of cardrooms under this section and the
9 rules adopted pursuant thereto, and may is hereby authorized
10 to:
11 (a) Adopt rules, including, but not limited to: the
12 issuance of cardroom and employee licenses for cardroom
13 operations; the operation of a cardroom; the procedures and
14 operation of authorized games facilitated by electronic
15 equipment; recordkeeping and reporting requirements; and the
16 collection of all fees and taxes imposed by this section.
17 (b) Conduct investigations and monitor the operation
18 of cardrooms and the playing of authorized games therein.
19 (c) Review the books, accounts, and records of any
20 current or former cardroom operator.
21 (d) Suspend or revoke any license or permit, after
22 hearing, for any violation of the provisions of this section
23 or the administrative rules adopted pursuant thereto.
24 (e) Take testimony, issue summons and subpoenas for
25 any witness, and issue subpoenas duces tecum in connection
26 with any matter within its jurisdiction.
27 (f) Monitor and ensure the proper collection of taxes
28 and fees imposed by this section. Permitholder internal
29 controls are mandated to ensure no compromise of state funds.
30 To that end, a roaming division auditor will monitor and
31 verify the cash flow and accounting of cardroom revenue for
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 any given operating day.
2 (g) Approve the independent testing laboratories that
3 are authorized to certify the gaming equipment in authorized
4 games facilitated by electronic equipment as a mathematically
5 random process with equal probability for each card.
6 (7) CONDITIONS FOR OPERATING A CARDROOM.--
7 (b) Any horserace, greyhound race, or jai alai
8 permitholder licensed under this chapter may operate a
9 cardroom at the pari-mutuel facility on any day between the
10 hours of 12 noon and 12 midnight if the permitholder conducted
11 a full schedule of live racing or games in the preceding year.
12 A cardroom may be operated at the facility only when the
13 facility is authorized to accept wagers on pari-mutuel events
14 during its authorized meet. A cardroom may operate between the
15 hours of 12 noon and 12 midnight on any day a pari-mutuel
16 event is conducted live as a part of its authorized meet.
17 However, a permitholder who holds a valid cardroom license may
18 operate a cardroom between the hours of 12 noon and 12
19 midnight on any day that live racing of the same class of
20 permit is occurring within 35 miles of its facility if no
21 other holder of that same class of permit within 35 miles is
22 operating a cardroom at such time and if all holders of the
23 same class of permit within the 35-mile area have given their
24 permission in writing to the permitholder to operate the
25 cardroom during the designated period. Application to operate
26 a cardroom under this paragraph must be made to the division
27 as part of the annual license application.
28 (c) A cardroom operator must at all times employ and
29 provide a nonplaying dealer, except for authorized games
30 facilitated by electronic equipment, for each table on which
31 authorized card games that which traditionally use utilize a
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 dealer are conducted at the cardroom. Such dealers may not
2 have any participatory interest in any game other than the
3 dealing of cards and may not have an interest in the outcome
4 of the game. The providing of such dealers by a licensee shall
5 not be construed as constituting the conducting of a banking
6 game by the cardroom operator.
7 (8) METHOD OF WAGERS; LIMITATION.--
8 (b) The cardroom operator may limit the amount wagered
9 in any game or series of games, but the maximum bet may not
10 exceed $2 in value. There may not be more than three raises in
11 any round of betting. The fee charged by the cardroom for
12 participation in the game may shall not be included in the
13 calculation of the limitation on the bet amount provided in
14 this paragraph. However, in any authorized game that involves
15 a single wager per hand rather than multiple rounds of
16 betting, the maximum amount that may be wagered on any hand is
17 $40.
18 (12) PROHIBITED ACTIVITIES.--
19 (c) No electronic or mechanical devices, except
20 mechanical card shufflers or authorized games facilitated by
21 electronic gaming equipment, may be used to conduct any
22 authorized game in a cardroom.
23 Section 2. The act shall take effect July 1, 2007.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Delete everything before the enacting clause
29
30 and insert:
31 A bill to be entitled
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 An act relating to cardrooms; amending s.
2 849.086, F.S.; redefining the term "authorized
3 game"; defining the term "authorized game
4 facilitated by electronic equipment"; providing
5 that a provision making certain activities
6 concerning games a crime does not authorize
7 certain games or machines; authorizing
8 rulemaking by the Division of Pari-mutuel
9 Wagering of the Department of Business and
10 Professional Regulation concerning authorized
11 games facilitated by electronic equipment;
12 authorizing the division to approve
13 laboratories that may certify that gaming
14 equipment in authorized games facilitated by
15 electronic equipment meets specified criteria;
16 authorizing certain horserace, greyhound race,
17 or jai alai permitholders licensed under ch.
18 849, F.S., to operate a cardroom at the
19 pari-mutuel facility during designated times;
20 deleting provisions authorizing the operation
21 of a cardroom only when a live pari-mutuel
22 event is conducted at the facility or when live
23 racing is occurring within a 35-mile area;
24 exempting a cardroom operator from requirements
25 concerning a dealer at tables with authorized
26 games facilitated by electronic equipment;
27 prescribing a maximum amount that may be
28 wagered in any authorized game involving a
29 single wager; excluding authorized games
30 facilitated by electronic gaming equipment from
31 the activities prohibited under ch. 849, F.S.;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1192
Barcode 210212
1 providing an effective date.
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