CS/HB 1377

1
A bill to be entitled
2An act relating to cardrooms; amending s. 849.086, F.S.;
3defining the term "tournament"; revising the time periods
4a cardroom may operate; revising license fees; authorizing
5a cardroom operator to give certain awards under certain
6circumstances; revising bet limit; authorizing certain
7games with a buy-in limit to be conducted without a bet
8limit; providing requirements for conducting a tournament;
9defining the term "gross receipts" for purposes of
10tournaments; providing that the city or county granting
11approval of an initial cardroom license is to receive
12funds from the Pari-mutuel Wagering Trust Fund; requiring
13approval of a cardroom by vote of the governing body of
14either a municipality or county depending upon the
15location of the pari-mutuel facility; providing an
16appropriation; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Paragraph (d) of subsection (5), subsections
21(7) and (8), paragraph (h) of subsection (13), and subsection
22(16) of section 849.086, Florida Statutes, are amended, and
23paragraph (l) is added to subsection (2) of that section, to
24read:
25     849.086  Cardrooms authorized.--
26     (2)  DEFINITIONS.--As used in this section:
27     (l)  "Tournament" means a series of games with more than
28one betting round involving one or more tables, where the
29winners or others receive a prize or cash award.
30     (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person may
31operate a cardroom in this state unless such person holds a
32valid cardroom license issued pursuant to this section.
33     (d)  The annual cardroom license fee for each facility
34shall be $1,000 for the first table and $500 for each additional
35table to be operated at the cardroom. The This license fee shall
36be deposited by the division with the Chief Financial Officer to
37the credit of the Pari-mutuel Wagering Trust Fund.
38     (7)  CONDITIONS FOR OPERATING A CARDROOM.--
39     (a)  A cardroom may be operated only at the location
40specified on the cardroom license issued by the division, and
41such location may only be the location at which the pari-mutuel
42permitholder is authorized to conduct pari-mutuel wagering
43activities pursuant to such permitholder's valid pari-mutuel
44permit or as otherwise authorized by law.
45     (b)  Any horserace, greyhound race, or jai alai
46permitholder licensed under this section may operate a cardroom
47at the pari-mutuel facility on any day for a cumulative amount
48of 12 hours if the permitholder meets the requirements under
49paragraph (5)(b). A cardroom may be operated at the facility
50only when the facility is authorized to accept wagers on pari-
51mutuel events during its authorized meet. A cardroom may operate
52between the hours of 12 noon and 12 midnight on any day a pari-
53mutuel event is conducted live as a part of its authorized meet.
54However, a permitholder who holds a valid cardroom license may
55operate a cardroom between the hours of 12 noon and 12 midnight
56on any day that live racing of the same class of permit is
57occurring within 35 miles of its facility if no other holder of
58that same class of permit within 35 miles is operating a
59cardroom at such time and if all holders of the same class of
60permit within the 35-mile area have given their permission in
61writing to the permitholder to operate the cardroom during the
62designated period. Application to operate a cardroom under this
63paragraph must be made to the division as part of the annual
64license application.
65     (c)  A cardroom operator must at all times employ and
66provide a nonplaying dealer for each table on which authorized
67card games which traditionally utilize a dealer are conducted at
68the cardroom. Such dealers may not have any participatory
69interest in any game other than the dealing of cards and may not
70have an interest in the outcome of the game. The providing of
71such dealers by a licensee shall not be construed as
72constituting the conducting of a banking game by the cardroom
73operator.
74     (d)  A cardroom operator may award giveaways, jackpots, and
75prizes to a player or players who hold certain combinations of
76cards as specified by the cardroom operator.
77     (e)(d)  Each cardroom operator shall conspicuously post
78upon the premises of the cardroom a notice which contains a copy
79of the cardroom license; a list of authorized games offered by
80the cardroom; the wagering limits imposed by the house, if any;
81any additional house rules regarding operation of the cardroom
82or the playing of any game; and all costs to players to
83participate, including any rake by the house. In addition, each
84cardroom operator shall post at each table a notice of the
85minimum and maximum bets authorized at such table and the fee
86for participation in the game conducted.
87     (f)(e)  The cardroom facility shall be subject to
88inspection by the division or any law enforcement agency during
89the licensee's regular business hours. The inspection will
90specifically encompass the permitholder internal control
91procedures approved by the division.
92     (g)(f)  A cardroom operator may refuse entry to or refuse
93to allow to play any person who is objectionable, undesirable,
94or disruptive, but such refusal shall not be on the basis of
95race, creed, color, religion, sex, national origin, marital
96status, physical handicap, or age, except as provided in this
97section.
98     (8)  METHOD OF WAGERS; LIMITATION.--
99     (a)  No wagering may be conducted using money or other
100negotiable currency. Games may only be played utilizing a
101wagering system whereby all players' money is first converted by
102the house to tokens or chips which shall be used for wagering
103only at that specific cardroom.
104     (b)  The cardroom operator may limit the amount wagered in
105any game or series of games, but the maximum bet may not exceed
106$5 $2 in value. There may not be more than three raises in any
107round of betting. The fee charged by the cardroom for
108participation in the game shall not be included in the
109calculation of the limitation on the bet amount provided in this
110paragraph. However, a cardroom operator may conduct games of
111Texas Hold'em without a betting limit provided the maximum
112required player buy-in does not exceed $100.
113     (c)  A tournament shall consist of a series of games. The
114entry fee for a tournament, including any rebuys, may not exceed
115the maximum amount that could be wagered by a participant in 10
116like-kind, nontournament games under paragraph (b). Tournaments
117must be played only with tournament chips that are provided to
118all participants in exchange for an entry fee and any subsequent
119rebuys. All players must receive an equal number of tournament
120chips for their entry fee. Tournament chips have no cash value
121and represent tournament points only. There is no limitation on
122the number of tournament chips that may be used for a bet except
123as otherwise determined by the cardroom operator. Tournament
124chips may never be redeemed for cash or for any other thing of
125value. The distribution of prizes and cash awards is determined
126by the cardroom operator before entry fees are accepted.
127     (d)  For purposes of tournament play only, the term "gross
128receipts" for a tournament means the total amount received by
129the cardroom operator for all entry fees, player rebuys, and
130fees for participation in the tournament less the total amount
131paid to the winners or others as prizes.
132     (13)  TAXES AND OTHER PAYMENTS.--
133     (h)  One-quarter of the moneys deposited into the
134Pari-mutuel Wagering Trust Fund pursuant to paragraph (g) shall,
135by October 1 of each year, be distributed to the local
136government that approved the cardroom under subsection (16)
137counties in which the cardrooms are located; however, if two or
138more pari-mutuel racetracks are located within the same
139incorporated municipality, the cardroom funds shall be
140distributed to the municipality. If a pari-mutuel facility is
141situated in such a manner that it is located in more than one
142county, the site of the cardroom facility shall determine the
143location for purposes of disbursement of tax revenues under this
144paragraph. The division shall, by September 1 of each year,
145determine: the amount of taxes deposited into the Pari-mutuel
146Wagering Trust Fund pursuant to this section from each cardroom
147licensee; the location by county of each cardroom; whether the
148cardroom is located in the unincorporated area of the county or
149within an incorporated municipality; and, the total amount to be
150distributed to each eligible county and municipality.
151     (16)  LOCAL GOVERNMENT COUNTY COMMISSION APPROVAL.--The
152Division of Pari-mutuel Wagering shall not issue any initial
153license under this section except upon proof in such form as the
154division may prescribe that the local government where the
155applicant for such license desires to conduct cardroom gaming
156has voted to approve such activity by a majority vote of the
157governing body of the municipality or the governing body of the
158county if the facility is not located in a municipality a
159majority of the county commissioners in the county where the
160applicant for such license desires to conduct cardroom gaming
161has voted to approve such activity within the county.
162     Section 2.  For fiscal year 2007-2008, four full-time
163equivalent positions and 138,949 in associated salary rate are
164authorized, and the sums of $230,722 in recurring funds and
165$48,411 in nonrecurring funds from the Pari-mutuel Wagering
166Trust Fund of the Department of Business and Professional
167Regulation are appropriated for the purpose of carrying out
168activities related to this act.
169     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.