Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1594
       
       
       
       
       
       
                                Barcode 360016                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2011 01:42 PM       .                                
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       Senators Jones, Garcia, Latvala, Dockery, Ring, Norman, Diaz de
       la Portilla, and Lynn moved the following:
       
    1         Senate Substitute for Amendment (116708) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (11) and (25) of section 550.002,
    7  Florida Statutes, are amended to read:
    8         550.002 Definitions.—As used in this chapter, the term:
    9         (11) “Full schedule of live racing or games” means, for a
   10  greyhound or jai alai permitholder, the conduct of a combination
   11  of at least 100 live evening or matinee performances during the
   12  preceding year; for a permitholder who has a converted permit or
   13  filed an application on or before June 1, 1990, for a converted
   14  permit, the conduct of a combination of at least 100 live
   15  evening and matinee wagering performances during either of the 2
   16  preceding years; for a jai alai permitholder who does not
   17  operate slot machines in its pari-mutuel facility, who has
   18  conducted at least 100 live performances per year for at least
   19  10 years after December 31, 1992, and whose handle on live jai
   20  alai games conducted at its pari-mutuel facility has been less
   21  than $4 million per state fiscal year for at least 2 consecutive
   22  years after June 30, 1992, the conduct of a combination of at
   23  least 40 live evening or matinee performances during the
   24  preceding year; for a jai alai permitholder who operates slot
   25  machines in its pari-mutuel facility, the conduct of a
   26  combination of at least 150 performances during the preceding
   27  year; for a harness permitholder, the conduct of at least 100
   28  live regular wagering performances during the preceding year;
   29  for a quarter horse permitholder at its facility unless an
   30  alternative schedule of at least 20 live regular wagering
   31  performances is agreed upon by the permitholder and either the
   32  Florida Quarter Horse Racing Association or the horsemen’s
   33  association representing the majority of the quarter horse
   34  owners and trainers at the facility and filed with the division
   35  along with its annual date application, in the 2010-2011 fiscal
   36  year, the conduct of at least 20 regular wagering performances,
   37  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   38  least 30 live regular wagering performances, and for every
   39  fiscal year after the 2012-2013 fiscal year, the conduct of at
   40  least 40 live regular wagering performances; for a quarter horse
   41  permitholder leasing another licensed racetrack, the conduct of
   42  160 events at the leased facility; and for a thoroughbred
   43  permitholder, the conduct of at least 40 live regular wagering
   44  performances during the preceding year. For a permitholder which
   45  is restricted by statute to certain operating periods within the
   46  year when other members of its same class of permit are
   47  authorized to operate throughout the year, the specified number
   48  of live performances which constitute a full schedule of live
   49  racing or games shall be adjusted pro rata in accordance with
   50  the relationship between its authorized operating period and the
   51  full calendar year and the resulting specified number of live
   52  performances shall constitute the full schedule of live games
   53  for such permitholder and all other permitholders of the same
   54  class within 100 air miles of such permitholder. A live
   55  performance must consist of no fewer than eight races or games
   56  conducted live for each of a minimum of three performances each
   57  week at the permitholder’s licensed facility under a single
   58  admission charge. Notwithstanding any other provision of law,
   59  beginning with the 2011-2012 fiscal year, there shall be no
   60  minimum requirement of live performances for greyhound
   61  permitholders.
   62         (25) “Performance” means a series of timed events, races,
   63  or games performed consecutively under a single admission
   64  charge.
   65         Section 2. Subsection (1) of section 550.01215, Florida
   66  Statutes, is amended to read:
   67         550.01215 License application; periods of operation; bond,
   68  conversion of permit.—
   69         (1) Each permitholder shall annually, during the period
   70  between December 15 and January 4, file in writing with the
   71  division its application for a license to conduct pari-mutuel
   72  wagering activities performances during the next state fiscal
   73  year. Each application requesting live performances, if any,
   74  shall specify the number, dates, and starting times of all
   75  performances which the permitholder intends to conduct. It shall
   76  also specify which performances will be conducted as charity or
   77  scholarship performances. In addition, each application for a
   78  license shall include, for each permitholder which elects to
   79  operate a cardroom, the dates and periods of operation the
   80  permitholder intends to operate the cardroom or, for each
   81  thoroughbred permitholder which elects to receive or rebroadcast
   82  out-of-state races after 7 p.m., the dates for all performances
   83  which the permitholder intends to conduct. A greyhound
   84  permitholder may receive a license to conduct pari-mutuel
   85  wagering activities at a licensed greyhound facility pursuant to
   86  s. 550.475. Permitholders may shall be entitled to amend their
   87  applications through February 28 or, for applications by
   88  greyhound permitholders relating to the 2011-2012 fiscal year,
   89  through August 31, 2011.
   90         Section 3. Paragraph (b) of subsection (14) of section
   91  550.054, Florida Statutes, is amended to read:
   92         550.054 Application for permit to conduct pari-mutuel
   93  wagering.—
   94         (14)
   95         (b) The division, upon application from the holder of a jai
   96  alai permit meeting all conditions of this section, shall
   97  convert the permit and shall issue to the permitholder a permit
   98  to conduct greyhound racing. A permitholder of a permit
   99  converted under this section shall be required to apply for and
  100  conduct a full schedule of live racing each fiscal year to be
  101  eligible for any tax credit provided by this chapter. The holder
  102  of a permit converted pursuant to this subsection or any holder
  103  of a permit to conduct greyhound racing located in a county in
  104  which it is the only permit issued pursuant to this section who
  105  operates at a leased facility pursuant to s. 550.475 may move
  106  the location for which the permit has been issued to another
  107  location within a 30-mile radius of the location fixed in the
  108  permit issued in that county, provided the move does not cross
  109  the county boundary and such location is approved under the
  110  zoning regulations of the county or municipality in which the
  111  permit is located, and upon such relocation may use the permit
  112  for the conduct of pari-mutuel wagering and the operation of a
  113  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  114  apply to any permit converted under this subsection and shall
  115  continue to apply to any permit which was previously included
  116  under and subject to such provisions before a conversion
  117  pursuant to this section occurred.
  118         Section 4. Subsection (1) and paragraph (c) of subsection
  119  (3) of section 550.0951, Florida Statutes, are amended to read:
  120         550.0951 Payment of daily license fee and taxes;
  121  penalties.—
  122         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  123  business of conducting race meetings or jai alai games under
  124  this chapter, hereinafter referred to as the “permitholder,”
  125  “licensee,” or “permittee,” shall pay to the division, for the
  126  use of the division, a daily license fee on each live or
  127  simulcast pari-mutuel event of $100 for each horserace and $80
  128  for each dograce and $40 for each jai alai game conducted at a
  129  racetrack or fronton licensed under this chapter. In addition to
  130  the tax exemption specified in s. 550.09514(1) of $360,000 or
  131  $500,000 per greyhound permitholder per state fiscal year, each
  132  greyhound permitholder shall receive in the current state fiscal
  133  year a tax credit equal to the number of live greyhound races
  134  conducted in the previous state fiscal year times the daily
  135  license fee specified for each dograce in this subsection
  136  applicable for the previous state fiscal year. This tax credit
  137  and the exemption in s. 550.09514(1) shall be applicable to any
  138  tax imposed by this chapter or the daily license fees imposed by
  139  this chapter except during any charity or scholarship
  140  performances conducted pursuant to s. 550.0351. Each
  141  permitholder shall pay daily license fees not to exceed $500 per
  142  day on any simulcast races or games on which such permitholder
  143  accepts wagers regardless of the number of out-of-state events
  144  taken or the number of out-of-state locations from which such
  145  events are taken. This license fee shall be deposited with the
  146  Chief Financial Officer to the credit of the Pari-mutuel
  147  Wagering Trust Fund.
  148         (b) Each permitholder that cannot utilize the full amount
  149  of the exemption of $360,000 or $500,000 provided in s.
  150  550.09514(1) or the daily license fee credit provided in this
  151  section may, at any time after notifying the division in
  152  writing, elect once per state fiscal year on a form provided by
  153  the division, elect to transfer such exemption or credit or any
  154  portion thereof to any greyhound permitholder which acts as a
  155  host track to such permitholder for the purpose of intertrack
  156  wagering. Notwithstanding any other provision of law, the
  157  exemption of $360,000 or $500,000 provided in s. 550.09514(1),
  158  for each greyhound permitholder that does not conduct live
  159  racing shall be pooled for distribution to eligible greyhound
  160  permitholders in the current fiscal year and any portion of the
  161  exemptions provided in s. 550.09514(1) unused or not transferred
  162  by each greyhound permitholder that elects to conduct live
  163  racing shall be pooled for distribution to eligible greyhound
  164  permitholders in the following fiscal year. Each greyhound
  165  permitholder conducting at least 100 live performances of at
  166  least eight races during a fiscal year shall be eligible for an
  167  additional tax credit from the pool in an amount equal to the
  168  product of the respective permitholder’s percentage share of
  169  live and intertrack wagering handle, excluding the live and
  170  intertrack wagering handle of permitholders that do not conduct
  171  live racing during the year in which the credits are distributed
  172  under subsection (3) during the preceding fiscal year and the
  173  total value of tax credits available in the pool. A greyhound
  174  permitholder conducting live racing shall use the credits
  175  provided in paragraph (a) and s. 550.1647 prior to the
  176  exemptions provided in s. 550.09514(1) for purposes of
  177  calculating the amount of unused exemptions. Once an election to
  178  transfer such exemption or credit is filed with the division, it
  179  shall not be rescinded. The division shall disapprove the
  180  transfer when the amount of the exemption or credit or portion
  181  thereof is unavailable to the transferring permitholder for any
  182  reason, including being unavailable because the transferring
  183  permitholder did not conduct at least 100 live performances of
  184  at least eight races during the fiscal year, or when the
  185  permitholder who is entitled to transfer the exemption or credit
  186  or who is entitled to receive the exemption or credit owes taxes
  187  to the state pursuant to a deficiency letter or administrative
  188  complaint issued by the division. Upon approval of the transfer
  189  by the division, the transferred tax exemption or credit shall
  190  be effective for the first performance of the next payment
  191  period as specified in subsection (5). The exemption or credit
  192  transferred to such host track may be applied by such host track
  193  against any taxes imposed by this chapter or daily license fees
  194  imposed by this chapter. The greyhound permitholder host track
  195  to which such exemption or credit is transferred shall reimburse
  196  such permitholder the exact monetary value of such transferred
  197  exemption or credit as actually applied against the taxes and
  198  daily license fees of the host track. The division shall ensure
  199  that all transfers of exemption or credit are made in accordance
  200  with this subsection and shall have the authority to adopt rules
  201  to ensure the implementation of this section.
  202         (c) A greyhound permitholder that conducts at least 100
  203  live performances of at least eight races during each of the 5
  204  years after July 1, 2011; that subsequently elects to not
  205  conduct live racing; and that served as a host track for
  206  intertrack wagering in each of the 10 years preceding its
  207  election to not conduct live racing, or was converted pursuant
  208  to s. 550.054(14), is entitled to an annual tax credit for each
  209  year the greyhound permitholder conducted live racing after July
  210  1, 2011, not to exceed 10 years, in an amount equal to the
  211  average tax credit received by the greyhound permitholder
  212  pursuant to paragraph (b) during the 3 years preceding the
  213  greyhound permitholder’s election to not conduct live racing.
  214  The tax credit provided under this paragraph shall be deducted
  215  from the pool pursuant to paragraph (b) and may be applied
  216  against any taxes or fees imposed by this chapter or any taxes
  217  or fees imposed by s. 849.086.
  218         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  219  contributions to pari-mutuel pools, the aggregate of which is
  220  hereinafter referred to as “handle,” on races or games conducted
  221  by the permitholder. The tax is imposed daily and is based on
  222  the total contributions to all pari-mutuel pools conducted
  223  during the daily performance. If a permitholder conducts more
  224  than one performance daily, the tax is imposed on each
  225  performance separately.
  226         (c)1. The tax on handle for intertrack wagering is 2.0
  227  percent of the handle if the host track is a horse track, 3.3
  228  percent if the host track is a harness track, 5.5 percent if the
  229  host track is a dog track, and 7.1 percent if the host track is
  230  a jai alai fronton. The tax on handle for intertrack wagering is
  231  0.5 percent if the host track and the guest track are
  232  thoroughbred permitholders or if the guest track is located
  233  outside the market area of the host track and within the market
  234  area of a thoroughbred permitholder currently conducting a live
  235  race meet. The tax on handle for intertrack wagering on
  236  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  237  of the handle and 1.5 percent of the handle for intertrack
  238  wagering on rebroadcasts of simulcast harness horseraces. The
  239  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  240         2. The tax on handle for intertrack wagers accepted by any
  241  dog track located in an area of the state in which there are
  242  only three permitholders, all of which are greyhound
  243  permitholders, located in three contiguous counties, from any
  244  greyhound permitholder also located within such area or any dog
  245  track or jai alai fronton located as specified in s. 550.615(6)
  246  or (8) (9), on races or games received from the same class of
  247  permitholder located within the same market area is 3.9 percent
  248  if the host facility is a greyhound permitholder and, if the
  249  host facility is a jai alai permitholder, the rate shall be 6.1
  250  percent except that it shall be 2.3 percent on handle at such
  251  time as the total tax on intertrack handle paid to the division
  252  by the permitholder during the current state fiscal year exceeds
  253  the total tax on intertrack handle paid to the division by the
  254  permitholder during the 1992-1993 state fiscal year.
  255         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  256  of section 550.09514, Florida Statutes, are amended to read:
  257         550.09514 Greyhound dogracing taxes; purse requirements.—
  258         (2)
  259         (b) Except as otherwise set forth herein, in addition to
  260  the minimum purse percentage required by paragraph (a), each
  261  permitholder conducting live racing during a fiscal year shall
  262  pay as purses an annual amount equal to 75 percent of the daily
  263  license fees paid by each permitholder for the 1994-1995 fiscal
  264  year. This purse supplement shall be disbursed weekly during the
  265  permitholder’s race meet in an amount determined by dividing the
  266  annual purse supplement by the number of performances approved
  267  for the permitholder pursuant to its annual license and
  268  multiplying that amount by the number of performances conducted
  269  each week. For the greyhound permitholders in the county where
  270  there are two greyhound permitholders located as specified in s.
  271  550.615(6), such permitholders shall pay in the aggregate an
  272  amount equal to 75 percent of the daily license fees paid by
  273  such permitholders for the 1994-1995 fiscal year. These
  274  permitholders shall be jointly and severally liable for such
  275  purse payments. The additional purses provided by this paragraph
  276  must be used exclusively for purses other than stakes. The
  277  division shall conduct audits necessary to ensure compliance
  278  with this section.
  279         (c)1. Each greyhound permitholder when conducting at least
  280  three live performances during any week shall pay purses in that
  281  week on wagers it accepts as a guest track on intertrack and
  282  simulcast greyhound races at the same rate as it pays on live
  283  races. Each greyhound permitholder when conducting at least
  284  three live performances during any week shall pay purses in that
  285  week, at the same rate as it pays on live races, on wagers
  286  accepted on greyhound races at a guest track which is not
  287  conducting live racing and is located within the same market
  288  area as the greyhound permitholder conducting at least three
  289  live performances during any week.
  290         2. Each host greyhound permitholder shall pay purses on its
  291  simulcast and intertrack broadcasts of greyhound races to guest
  292  facilities that are located outside its market area in an amount
  293  equal to one quarter of an amount determined by subtracting the
  294  transmission costs of sending the simulcast or intertrack
  295  broadcasts from an amount determined by adding the fees received
  296  for greyhound simulcast races plus 3 percent of the greyhound
  297  intertrack handle at guest facilities that are located outside
  298  the market area of the host and that paid contractual fees to
  299  the host for such broadcasts of greyhound races. For guest
  300  greyhound permitholders not conducting live racing during a
  301  fiscal year and not subject to the purse requirements in
  302  subparagraph 1., 3 percent of the greyhound intertrack handle
  303  shall be paid to the host greyhound permitholder for payment of
  304  purses at the host track.
  305         (e) In addition to the purse requirements of paragraphs
  306  (a)-(c), each greyhound permitholder shall pay as purses an
  307  amount equal to one-third of the amount of the tax reduction on
  308  live and simulcast handle applicable to such permitholder as a
  309  result of the reductions in tax rates provided by this act
  310  through the amendments to s. 550.0951(3) in chapter 2000-354,
  311  Laws of Florida. With respect to intertrack wagering when the
  312  host and guest tracks are greyhound permitholders not within the
  313  same market area, an amount equal to the tax reduction
  314  applicable to the guest track handle as a result of the
  315  reduction in tax rates rate provided by this act through the
  316  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  317  of Florida, shall be distributed to the guest track, one-third
  318  of which amount shall be paid as purses at the guest tracks
  319  conducting live racing track. However, if the guest track is a
  320  greyhound permitholder within the market area of the host or if
  321  the guest track is not a greyhound permitholder, an amount equal
  322  to such tax reduction applicable to the guest track handle shall
  323  be retained by the host track, one-third of which amount shall
  324  be paid as purses at the host track. These purse funds shall be
  325  disbursed in the week received if the permitholder conducts at
  326  least one live performance during that week. If the permitholder
  327  does not conduct at least one live performance during the week
  328  in which the purse funds are received, the purse funds shall be
  329  disbursed weekly during the permitholder’s next race meet in an
  330  amount determined by dividing the purse amount by the number of
  331  performances approved for the permitholder pursuant to its
  332  annual license, and multiplying that amount by the number of
  333  performances conducted each week. The division shall conduct
  334  audits necessary to ensure compliance with this paragraph.
  335         Section 6. Subsection (9) of section 550.105, Florida
  336  Statutes, is amended to read:
  337         550.105 Occupational licenses of racetrack employees; fees;
  338  denial, suspension, and revocation of license; penalties and
  339  fines.—
  340         (9) The tax imposed by this section is in lieu of all
  341  license, excise, or occupational taxes to the state or any
  342  county, municipality, or other political subdivision, except
  343  that, if a race meeting or game is held or conducted in a
  344  municipality, the municipality may assess and collect an
  345  additional tax against any person conducting live racing or
  346  games within its corporate limits, which tax may not exceed $150
  347  per day for horseracing or $50 per day for dogracing,
  348  simulcasts, intertrack wagering, cardroom games, or jai alai, up
  349  to the maximum of 100 days for dogracing facilities. This tax
  350  may be levied on simulcasts, intertrack wagering, and cardroom
  351  games only to the extent that the facility does not have an
  352  existing agreement with the municipality. Except as provided in
  353  this chapter, a municipality may not assess or collect any
  354  additional excise or revenue tax against any person conducting
  355  race meetings within the corporate limits of the municipality or
  356  against any patron of any such person.
  357         Section 7. Subsection (1) of section 550.26165, Florida
  358  Statutes, is amended to read:
  359         550.26165 Breeders’ awards.—
  360         (1) The purpose of this section is to encourage the
  361  agricultural activity of breeding and training racehorses in
  362  this state. Moneys dedicated in this chapter for use as
  363  breeders’ awards and stallion awards are to be used for awards
  364  to breeders of registered Florida-bred horses winning horseraces
  365  and for similar awards to the owners of stallions who sired
  366  Florida-bred horses winning stakes races, if the stallions are
  367  registered as Florida stallions standing in this state. Such
  368  awards shall be given at a uniform rate to all winners of the
  369  awards, shall not be greater than 20 percent of the announced
  370  gross purse, and shall not be less than 15 percent of the
  371  announced gross purse if funds are available. In addition, no
  372  less than 17 percent nor more than 40 percent, as determined by
  373  the Florida Thoroughbred Breeders’ Association, of the moneys
  374  dedicated in this chapter for use as breeders’ awards and
  375  stallion awards for thoroughbreds shall be returned pro rata to
  376  the permitholders that generated the moneys for special racing
  377  awards to be distributed by the permitholders to owners of
  378  thoroughbred horses participating in prescribed thoroughbred
  379  stakes races, nonstakes races, or both, all in accordance with a
  380  written agreement establishing the rate, procedure, and
  381  eligibility requirements for such awards entered into by the
  382  permitholder, the Florida Thoroughbred Breeders’ Association,
  383  and the Florida Horsemen’s Benevolent and Protective
  384  Association, Inc., except that the plan for the distribution by
  385  any permitholder located in the area described in s. 550.615(8)
  386  s. 550.615(9) shall be agreed upon by that permitholder, the
  387  Florida Thoroughbred Breeders’ Association, and the association
  388  representing a majority of the thoroughbred racehorse owners and
  389  trainers at that location. Awards for thoroughbred races are to
  390  be paid through the Florida Thoroughbred Breeders’ Association,
  391  and awards for standardbred races are to be paid through the
  392  Florida Standardbred Breeders and Owners Association. Among
  393  other sources specified in this chapter, moneys for thoroughbred
  394  breeders’ awards will come from the 0.955 percent of handle for
  395  thoroughbred races conducted, received, broadcast, or simulcast
  396  under this chapter as provided in s. 550.2625(3). The moneys for
  397  quarter horse and harness breeders’ awards will come from the
  398  breaks and uncashed tickets on live quarter horse and harness
  399  racing performances and 1 percent of handle on intertrack
  400  wagering. The funds for these breeders’ awards shall be paid to
  401  the respective breeders’ associations by the permitholders
  402  conducting the races.
  403         Section 8. Section 550.26352, Florida Statutes, is amended
  404  to read
  405         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
  406  taxes; credits; transmission of races; rules; application.—
  407         (1) In order to support the long standing history and
  408  importance of Florida’s thoroughbred industry and create
  409  incentives for continued job growth and economic development in
  410  this industry, the Legislature finds that the “Breeders’ Cup
  411  World Championship of Horse Racing” is an important event that
  412  Florida should annually pursue as a host state. While Florida
  413  has been the host of the Breeders’ Cup World Championship in the
  414  past, as of 2011 the Legislature finds that no thoroughbred
  415  track in this state presently meets the facility-related
  416  requirements of the sponsor of the Breeders’ Cup World
  417  Championship. The Breeders’ Cup World Championship is estimated
  418  to create tens of millions of dollars in economic development
  419  and sustain hundreds of jobs in the horse industry of the state
  420  that hosts the event.  The Legislature finds that preserving the
  421  rich history of Florida’s horse racing industry and fostering
  422  additional economic development and jobs in Florida’s horse
  423  industry are public purposes worthy of providing the incentives
  424  provided to induce current horse racing permitholders to upgrade
  425  their facilities to accommodate the requirements of the
  426  Breeders’ Cup World Championship so that the Breeders’ Cup World
  427  Championship may return to Florida.  In furtherance of these
  428  objectives, the Legislature hereby creates the Breeders’ Cup
  429  Permit to be operated exclusively at a Florida racetrack venue
  430  capable of hosting the Breeders’ Cup World Championship.
  431         (2)(a) (1) Notwithstanding any provision of this chapter to
  432  the contrary, there is hereby created a special thoroughbred
  433  race meet which shall be designated as the “Breeders’ Cup Meet.”
  434  The Breeders’ Cup Meet shall be conducted at the facility of the
  435  Florida permitholder selected by Breeders’ Cup Limited to
  436  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
  437  consist of 3 days: the day on which the Breeders’ Cup races are
  438  conducted, the preceding day, and the subsequent day. Upon the
  439  selection of the Florida permitholder as host for the Breeders’
  440  Cup Meet and application by the selected permitholder, the
  441  division shall issue a license to the selected permitholder to
  442  operate the Breeders’ Cup Meet. Notwithstanding s.
  443  550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
  444  dates which the selected permitholder is not otherwise
  445  authorized to conduct a race meet.The Breeders’ Cup Meet shall
  446  commence on the day before the annual Breeders’ Cup World
  447  Championship series of horse races are first conducted and shall
  448  continue through the Wednesday before the ensuing Thanksgiving
  449  Day.
  450         (b) There is hereby created a thoroughbred horse racing
  451  permit designated as the “Breeders’ Cup Permit” that shall
  452  authorize the holder to operate the Breeders’ Cup Meet. In order
  453  to provide for consistency and certainty in the annual racing
  454  schedule, the Breeders’ Cup Meet shall be conducted annually at
  455  the facility of the holder of the Breeders’ Cup Permit
  456  irrespective of whether the annual Breeders’ Cup World
  457  Championship series of horse races is conducted live at the
  458  facility of the holder of the Breeders’ Cup Permit in any
  459  particular year. The holder of the Breeders’ Cup Permit shall
  460  comply with the requirements of s. 550.01215 with regard to
  461  application for an annual license to conduct the Breeders’ Cup
  462  Meet, which license shall be issued by the division as otherwise
  463  provided in s. 550.01215. The provisions of this chapter
  464  relating to referendum requirements for the issuance of a pari
  465  mutuel permit or which otherwise impose mileage limitations on
  466  the location of a new pari-mutuel permit shall not apply to the
  467  permit created by this section, any contrary provision of law
  468  notwithstanding. The restrictions imposed by s. 550.5251(2)
  469  shall not apply to the holder of the Breeders’ Cup Permit or any
  470  other thoroughbred permitholder within its market area.
  471         (c) There shall be only one Breeders’ Cup Permit authorized
  472  by this section. Applications for issuance of the Breeders’ Cup
  473  Permit shall be filed with the division on or before September
  474  1, 2011. Any holder of a horseracing permit issued by the
  475  division is eligible to apply. If only one eligible applicant
  476  applies for the Breeders’ Cup Permit, then the division shall
  477  issue the Permit to that applicant no later than October 1,
  478  2011. If more than one application is submitted seeking issue of
  479  the Breeders’ Cup permit, then the division shall determine
  480  which applicant shall be issued the Breeders’ Cup Permit. In
  481  making its determination, the division shall issue the Breeders’
  482  Cup Permit to the applicant demonstrating superior capabilities
  483  to conduct an international racing event of the magnitude of the
  484  Breeders’ Cup World Championship, as measured by the
  485  demonstrated ability of the applicant’s facility to accommodate
  486  attendance in excess of 30,000 patrons, the capacity to add
  487  additional seating to accommodate the average attendance at the
  488  prior 5 Breeders’ Cup World Championship events, adequate
  489  parking lot capacity, superior facility characteristics such as
  490  quality of the racing surfaces and amenities for the patrons,
  491  the historical significance of the applicant in the
  492  establishment of the horse racing industry in Florida, and
  493  superior public transportation servicing the applicant’s
  494  facility. The division shall make a final determination with
  495  regard to the competing applications on or before December 31,
  496  2011. However, if, on or before October 1, 2011, any of the
  497  applicants requests that the division’s determination be
  498  postponed until June 1, 2012 in order to give that applicant an
  499  opportunity to make the capital improvements to its facility
  500  necessary to achieve an attendance capacity equal to the average
  501  attendance at the prior 5 Breeders’ Cup World Championship
  502  events and to construct other capital improvements otherwise
  503  applicable to the stated criteria, and such request is supported
  504  by executed construction contracts to accomplish the
  505  improvements, then the division shall postpone its determination
  506  until June 1, 2012, by which date the division shall make its
  507  final determination.
  508         (3)(2) The permitholder conducting the Breeders’ Cup Meet
  509  is specifically authorized to create pari-mutuel pools during
  510  the Breeders’ Cup Meet by accepting pari-mutuel wagers on the
  511  thoroughbred horse races run during said meet.
  512         (4)(3) If the permitholder has been selected to conduct
  513  conducting the Breeders’ Cup World Championship and Meet is
  514  located within 35 miles of one or more permitholders scheduled
  515  to conduct a thoroughbred race meet on any of the 2 3 days of
  516  the Breeders’ Cup World Championship, Meet, then operation on
  517  any of those 2 3 days by the other permitholders is prohibited.
  518  As compensation for the loss of racing days caused thereby, such
  519  operating permitholders shall receive a credit against the taxes
  520  otherwise due and payable to the state under ss. 550.0951 and
  521  550.09515. This credit shall be in an amount equal to the
  522  operating loss determined to have been suffered by the operating
  523  permitholders as a result of not operating on the prohibited
  524  racing days, but shall not exceed a total of $950,000. The
  525  determination of the amount to be credited shall be made by the
  526  division upon application by the operating permitholder. The tax
  527  credits provided in this subsection shall not be available
  528  unless an operating permitholder is required to close a bona
  529  fide meet consisting in part of no fewer than 10 scheduled
  530  performances in the 15 days immediately preceding or 10
  531  scheduled performances in the 15 days immediately following the
  532  Breeders’ Cup World Championship Meet. Such tax credit shall be
  533  in lieu of any other compensation or consideration for the loss
  534  of racing days. There shall be no replacement or makeup of any
  535  lost racing days.
  536         (5)(4) Notwithstanding any provision of ss. 550.0951 and
  537  550.09515, if the permitholder has been selected to conduct
  538  conducting the Breeders’ Cup World Championship, Meet the
  539  Breeders’ Cup permitholder shall pay no taxes on the handle
  540  included within the pari-mutuel pools of said permitholder for
  541  the day or days upon which the races sponsored by the Breeders’
  542  Cup World Championship are conducted live at the facility of the
  543  holder of during the Breeders’ Cup Permit Meet.
  544         (6)(5)If the The permitholder is selected to conduct
  545  conducting the Breeders’ Cup World Championship,Meet the
  546  permitholder shall receive a credit against the taxes otherwise
  547  due and payable to the state under ss. 550.0951 and 550.09515
  548  generated during the Breeders’ Cup World Championship said
  549  permitholder’s next ensuing regular thoroughbred race meet. This
  550  credit shall be in an amount not to exceed $950,000 and shall be
  551  utilized by the permitholder to pay the purses offered by the
  552  permitholder during the Breeders’ Cup World Championship Meet in
  553  excess of the purses which the permitholder is otherwise
  554  required by law to pay. The amount to be credited shall be
  555  determined by the division upon application of the permitholder
  556  which is subject to audit by the division.
  557         (7)(6)If the The permitholder is selected to conduct
  558  conducting the Breeders’ Cup World Championship, Meet the
  559  permitholder shall receive a credit against the taxes otherwise
  560  due and payable to the state under ss. 550.0951 and 550.09515
  561  generated during the Breeders’ Cup World Championship said
  562  permitholder’s next ensuing regular thoroughbred race meet. This
  563  credit shall be in an amount not to exceed $950,000 and shall be
  564  utilized by the permitholder for such capital improvements and
  565  extraordinary expenses as may be necessary for operation of the
  566  Breeders’ Cup World Championship Meet. The amount to be credited
  567  shall be determined by the division upon application of the
  568  permitholder which is subject to audit by the division.
  569         (8)(7)If the The permitholder is selected to conduct
  570  conducting the Breeders’ Cup World Championship, Meet the
  571  permitholder shall be exempt from the payment of purses and
  572  other payments to horsemen on all on-track, intertrack,
  573  interstate, and international wagers or rights fees or payments
  574  arising therefrom for all races for which the purse is paid or
  575  supplied by Breeders’ Cup World Championship Limited. The
  576  permitholder conducting the Breeders’ Cup World Championship
  577  Meet shall not, however, be exempt from breeders’ awards
  578  payments for on-track and intertrack wagers as provided in ss.
  579  550.2625(3) and 550.625(2)(a) for races in which the purse is
  580  paid or supplied by Breeders’ Cup World Championship Limited.
  581         (9)(8)(a) Pursuant to s. 550.3551(2), the permitholder
  582  conducting the Breeders’ Cup World Championship Meet is
  583  authorized to transmit broadcasts of the races conducted during
  584  the Breeders’ Cup World Championship Meet to locations outside
  585  of this state for wagering purposes. The division may approve
  586  broadcasts to pari-mutuel permitholders and other betting
  587  systems authorized under the laws of any other state or country.
  588  Wagers accepted by any out-of-state pari-mutuel permitholder or
  589  betting system on any races broadcast under this section may be,
  590  but are not required to be, commingled with the pari-mutuel
  591  pools of the permitholder conducting the Breeders’ Cup World
  592  Championship Meet. The calculation of any payoff on national
  593  pari-mutuel pools with commingled wagers may be performed by the
  594  permitholder’s totalisator contractor at a location outside of
  595  this state. Pool amounts from wagers placed at pari-mutuel
  596  facilities or other betting systems in foreign countries before
  597  being commingled with the pari-mutuel pool of the Florida
  598  permitholder conducting the Breeders’ Cup World Championship
  599  Meet shall be calculated by the totalisator contractor and
  600  transferred to the commingled pool in United States currency in
  601  cycles customarily used by the permitholder. Pool amounts from
  602  wagers placed at any foreign pari-mutuel facility or other
  603  betting system shall not be commingled with a Florida pool until
  604  a determination is made by the division that the technology
  605  utilized by the totalisator contractor is adequate to assure
  606  commingled pools will result in the calculation of accurate
  607  payoffs to Florida bettors. Any totalisator contractor at a
  608  location outside of this state shall comply with the provisions
  609  of s. 550.495 relating to totalisator licensing.
  610         (b) The permitholder conducting the Breeders’ Cup Meet is
  611  authorized to transmit broadcasts of the races conducted during
  612  the Breeders’ Cup Meet to other pari-mutuel facilities located
  613  in this state for wagering purposes; however, the permitholder
  614  conducting the Breeders’ Cup Meet shall not be required to
  615  transmit broadcasts to any pari-mutuel facility located within
  616  25 miles of the facility at which the Breeders’ Cup Meet is
  617  conducted.
  618         (c) The permitholder conducting the Breeders’ Cup Meet and
  619  any other licensed thoroughbred permitholder within its market
  620  area is authorized at any time to receive broadcasts of the
  621  races from horse tracks located outside of this state for
  622  wagering purposes.
  623         (10)(9) The exemption from the tax credits provided in
  624  subsections (4),(6), and (7)(5) and (6) shall not be granted and
  625  shall not be claimed by the affected permitholder until an audit
  626  is completed by the division. The division is required to
  627  complete the audit within 30 days of receipt of the necessary
  628  documentation from the permitholder to verify the permitholder’s
  629  claim for tax credits. If the documentation submitted by the
  630  permitholder is incomplete or is insufficient to document the
  631  permitholder’s claim for tax credits, the division may request
  632  such additional documentation as is necessary to complete the
  633  audit. Upon receipt of the division’s written request for
  634  additional documentation, the 30-day time limitation will
  635  commence anew. The permitholder shall be entitled to apply the
  636  tax credits authorized in this section against the taxes
  637  otherwise due during the permitholder’s next ensuing race meet
  638  or meets or other taxes otherwise payable by the permitholder to
  639  the division under chapters 550, 551, or 849, F.S., until the
  640  credit is fully applied.
  641         (11)(10) The division is authorized to adopt such rules as
  642  are necessary to facilitate the conduct of the Breeders’ Cup
  643  Meet and Breeders’ Cup World Championship events as authorized
  644  in this section. Included within this grant of authority shall
  645  be the adoption or waiver of rules regarding the overall conduct
  646  of racing during the Breeders’ Cup World Championship Meet so as
  647  to ensure the integrity of the races, licensing for all
  648  participants, special stabling and training requirements for
  649  foreign horses, commingling of pari-mutuel pools, and audit
  650  requirements for tax credits and other benefits.
  651         (12)(11) Any dispute between the division and any
  652  permitholder regarding the tax credits authorized under
  653  subsections (4),(6), or (7)(3), subsection (5), or subsection
  654  (6) shall be determined by a hearing officer of the Division of
  655  Administrative Hearings under the provisions of s. 120.57(1).
  656         (13) Upon the issuance of the Breeders’ Cup Permit, the
  657  permit shall not be subject to revocation, suspension, or
  658  escheatment, except as otherwise provided in this chapter for
  659  the revocation, suspension, or escheatment of thoroughbred
  660  permits generally.
  661         (14)(12) The provisions of this section shall prevail over
  662  any conflicting provisions of this chapter.
  663         Section 9. Section 550.475, Florida Statutes, is amended to
  664  read:
  665         550.475 Lease of pari-mutuel facilities by pari-mutuel
  666  permitholders.—Holders of valid pari-mutuel permits for the
  667  conduct of any jai alai games, dogracing, or thoroughbred and
  668  standardbred horse racing in this state are entitled to lease
  669  any and all of their facilities to any other holder of a same
  670  class valid pari-mutuel permit for jai alai games, dogracing, or
  671  thoroughbred or standardbred horse racing, when located within a
  672  35-mile radius of each other; and such lessee is entitled to a
  673  permit and license to operate its race meet or jai alai games at
  674  the leased premises.
  675         Section 10. Section 550.615, Florida Statutes, is amended
  676  to read:
  677         550.615 Intertrack wagering.—
  678         (1) Any horserace permitholder licensed under this chapter
  679  which has conducted a full schedule of live racing may, at any
  680  time, receive broadcasts of horseraces and accept wagers on
  681  horseraces conducted by horserace permitholders licensed under
  682  this chapter at its facility.
  683         (2) A Any track or fronton licensed under this chapter
  684  which conducted a full schedule of live racing or games which in
  685  the preceding year, any greyhound permitholder that has held an
  686  annual license to conduct pari-mutuel wagering activities in
  687  each of the preceding 10 years, or any greyhound permitholder
  688  converted pursuant to s. 550.054(14) conducted a full schedule
  689  of live racing is qualified to, at any time, receive broadcasts
  690  of any class of pari-mutuel race or game and accept wagers on
  691  such races or games conducted by any class of permitholders
  692  licensed under this chapter.
  693         (3) If a permitholder elects to broadcast its signal to any
  694  permitholder in this state, any permitholder that is eligible to
  695  conduct intertrack wagering under the provisions of ss. 550.615
  696  550.6345 is entitled to receive the broadcast and conduct
  697  intertrack wagering under this section; provided, however, that
  698  the host track may require a guest track within 25 miles of
  699  another permitholder to receive in any week at least 60 percent
  700  of the live races that the host track is making available on the
  701  days that the guest track is otherwise operating live races or
  702  games. A host track may require a guest track not operating live
  703  races or games and within 25 miles of another permitholder to
  704  accept within any week at least 60 percent of the live races
  705  that the host track is making available. A person may not
  706  restrain or attempt to restrain any permitholder that is
  707  otherwise authorized to conduct intertrack wagering from
  708  receiving the signal of any other permitholder or sending its
  709  signal to any permitholder.
  710         (4) In no event shall any intertrack wager be accepted on
  711  the same class of live races or games of any permitholder
  712  without the written consent of such operating permitholders
  713  conducting the same class of live races or games if the guest
  714  track is within the market area of such operating permitholder.
  715  A greyhound permitholder that accepts intertrack wagers on live
  716  greyhound signals is not required to obtain such written consent
  717  from any operating greyhound permitholder within its market
  718  area.
  719         (5) No permitholder within the market area of the host
  720  track shall take an intertrack wager on the host track without
  721  the consent of the host track.
  722         (6) Notwithstanding the provisions of subsection (3), in
  723  any area of the state where there are three or more horserace
  724  permitholders within 25 miles of each other, intertrack wagering
  725  between permitholders in said area of the state shall only be
  726  authorized under the following conditions: Any permitholder,
  727  other than a thoroughbred permitholder, may accept intertrack
  728  wagers on races or games conducted live by a permitholder of the
  729  same class or any harness permitholder located within such area
  730  and any harness permitholder may accept wagers on games
  731  conducted live by any jai alai permitholder located within its
  732  market area and from a jai alai permitholder located within the
  733  area specified in this subsection when no jai alai permitholder
  734  located within its market area is conducting live jai alai
  735  performances; any greyhound or jai alai permitholder may receive
  736  broadcasts of and accept wagers on any permitholder of the other
  737  class provided that a permitholder, other than the host track,
  738  of such other class is not operating a contemporaneous live
  739  performance within the market area.
  740         (7) In any county of the state where there are only two
  741  permits, one for dogracing and one for jai alai, no intertrack
  742  wager may be taken during the period of time when a permitholder
  743  is not licensed to conduct live races or games without the
  744  written consent of the other permitholder that is conducting
  745  live races or games. However, if neither permitholder is
  746  conducting live races or games, either permitholder may accept
  747  intertrack wagers on horseraces or on the same class of races or
  748  games, or on both horseraces and the same class of races or
  749  games as is authorized by its permit.
  750         (7)(8)In any three contiguous counties of the state where
  751  there are only three permitholders, all of which are greyhound
  752  permitholders, If any greyhound permitholder leases the facility
  753  of another greyhound permitholder for the purpose of conducting
  754  all or any portion of the conduct of its live race meet pursuant
  755  to s. 550.475, such lessee may conduct intertrack wagering at
  756  its pre-lease permitted facility throughout the entire year,
  757  including while its race live meet is being conducted at the
  758  leased facility, if such permitholder has conducted a full
  759  schedule of live racing during the preceding fiscal year at its
  760  pre-lease permitted facility or at a leased facility, or
  761  combination thereof.
  762         (8)(9) In any two contiguous counties of the state in which
  763  there are located only four active permits, one for thoroughbred
  764  horse racing, two for greyhound dogracing, and one for jai alai
  765  games, no intertrack wager may be accepted on the same class of
  766  live races or games of any permitholder without the written
  767  consent of such operating permitholders conducting the same
  768  class of live races or games if the guest track is within the
  769  market area of such operating permitholder.
  770         (9)(10) All costs of receiving the transmission of the
  771  broadcasts shall be borne by the guest track; and all costs of
  772  sending the broadcasts shall be borne by the host track.
  773         Section 11. Paragraph (g) of subsection (9) of section
  774  550.6305, Florida Statutes, is amended to read:
  775         550.6305 Intertrack wagering; guest track payments;
  776  accounting rules.—
  777         (9) A host track that has contracted with an out-of-state
  778  horse track to broadcast live races conducted at such out-of
  779  state horse track pursuant to s. 550.3551(5) may broadcast such
  780  out-of-state races to any guest track and accept wagers thereon
  781  in the same manner as is provided in s. 550.3551.
  782         (g)1. Any thoroughbred permitholder which accepts wagers on
  783  a simulcast signal must make the signal available to any
  784  permitholder that is eligible to conduct intertrack wagering
  785  under the provisions of ss. 550.615-550.6345.
  786         2. Any thoroughbred permitholder which accepts wagers on a
  787  simulcast signal received after 6 p.m. must make such signal
  788  available to any permitholder that is eligible to conduct
  789  intertrack wagering under the provisions of ss. 550.615
  790  550.6345, including any permitholder located as specified in s.
  791  550.615(6). Such guest permitholders are authorized to accept
  792  wagers on such simulcast signal, notwithstanding any other
  793  provision of this chapter to the contrary.
  794         3. Any thoroughbred permitholder which accepts wagers on a
  795  simulcast signal received after 6 p.m. must make such signal
  796  available to any permitholder that is eligible to conduct
  797  intertrack wagering under the provisions of ss. 550.615
  798  550.6345, including any permitholder located as specified in s.
  799  550.615(8) s. 550.615(9). Such guest permitholders are
  800  authorized to accept wagers on such simulcast signals for a
  801  number of performances not to exceed that which constitutes a
  802  full schedule of live races for a quarter horse permitholder
  803  pursuant to s. 550.002(11), notwithstanding any other provision
  804  of this chapter to the contrary, except that the restrictions
  805  provided in s. 550.615(8)(a) s. 550.615(9)(a) apply to wagers on
  806  such simulcast signals.
  807  
  808  No thoroughbred permitholder shall be required to continue to
  809  rebroadcast a simulcast signal to any in-state permitholder if
  810  the average per performance gross receipts returned to the host
  811  permitholder over the preceding 30-day period were less than
  812  $100. Subject to the provisions of s. 550.615(4), as a condition
  813  of receiving rebroadcasts of thoroughbred simulcast signals
  814  under this paragraph, a guest permitholder must accept
  815  intertrack wagers on all live races conducted by all then
  816  operating thoroughbred permitholders.
  817         Section 12. Subsection (1) of section 550.6308, Florida
  818  Statutes, is amended to read:
  819         550.6308 Limited intertrack wagering license.—In
  820  recognition of the economic importance of the thoroughbred
  821  breeding industry to this state, its positive impact on tourism,
  822  and of the importance of a permanent thoroughbred sales facility
  823  as a key focal point for the activities of the industry, a
  824  limited license to conduct intertrack wagering is established to
  825  ensure the continued viability and public interest in
  826  thoroughbred breeding in Florida.
  827         (1) Upon application to the division on or before January
  828  31 of each year, any person that is licensed to conduct public
  829  sales of thoroughbred horses pursuant to s. 535.01, that has
  830  conducted at least 10 15 days of thoroughbred horse sales at a
  831  permanent sales facility in this state for at least 3
  832  consecutive years, and that has conducted at least 1 day of
  833  nonwagering thoroughbred racing in this state, with a purse
  834  structure of at least $250,000 per year for 2 consecutive years
  835  before such application, shall be issued a license, subject to
  836  the conditions set forth in this section, to conduct intertrack
  837  wagering at such a permanent sales facility during the following
  838  periods:
  839         (a) Up to 21 days in connection with thoroughbred sales;
  840         (b) Between November 1 and May 8;
  841         (c) Between May 9 and October 31 at such times and on such
  842  days as any thoroughbred, jai alai, or a greyhound permitholder
  843  in the same county is not conducting live performances; provided
  844  that any such permitholder may waive this requirement, in whole
  845  or in part, and allow the licensee under this section to conduct
  846  intertrack wagering during one or more of the permitholder’s
  847  live performances; and
  848         (d) During the weekend of the Kentucky Derby, the
  849  Preakness, the Belmont, and a Breeders’ Cup Meet that is
  850  conducted before November 1 and after May 8.
  851  
  852  No more than one such license may be issued, and no such license
  853  may be issued for a facility located within 50 miles of any
  854  track for which a thoroughbred permitholder’s track has
  855  submitted a timely and valid application for a license to
  856  conduct live performances during the year, unless that
  857  permitholder consents to issuance of the license under this
  858  section.
  859         Section 13. Subsection (3) of section 550.3345, Florida
  860  Statutes, is amended to read:
  861         550.3345 Conversion of quarter horse permit to a limited
  862  thoroughbred permit.—
  863         (3) Unless otherwise provided in this section, after
  864  conversion, the permit and the not-for-profit corporation shall
  865  be treated under the laws of this state as a thoroughbred permit
  866  and as a thoroughbred permitholder, respectively, with the
  867  exception of s. 550.09515(3); provided however, a full schedule
  868  of live racing for a not-for-profit thoroughbred permitholder
  869  shall be 5 live regular wagering performances.
  870         Section 14. Subsection (2) of section 550.5251, Florida
  871  Statutes, is amended to read:
  872         550.5251 Florida thoroughbred racing; certain permits;
  873  operating days.—
  874         (2) A thoroughbred racing permitholder may not begin any
  875  race later than 9 7 p.m. Any thoroughbred permitholder in a
  876  county in which the authority for cardrooms has been approved by
  877  the board of county commissioners may operate a cardroom and,
  878  when conducting live races during its current race meet, may
  879  receive and rebroadcast out-of-state races after the hour of 7
  880  p.m. on any day during which the permitholder conducts live
  881  races.
  882         Section 15. Paragraph (c) of subsection (4) of section
  883  551.104, Florida Statutes, is amended to read:
  884         551.104 License to conduct slot machine gaming.—
  885         (4) As a condition of licensure and to maintain continued
  886  authority for the conduct of slot machine gaming, the slot
  887  machine licensee shall:
  888         (c) Conduct no fewer than a full schedule of live racing or
  889  games as defined in s. 550.002(11), except for holders of
  890  greyhound permits that do not have a live racing requirement. A
  891  permitholder’s responsibility to conduct such number of live
  892  races or games shall be reduced by the number of races or games
  893  that could not be conducted due to the direct result of fire,
  894  war, hurricane, or other disaster or event beyond the control of
  895  the permitholder.
  896         Section 16. Subsections (2) and (4) of section 551.114,
  897  Florida Statutes, are amended to read:
  898         551.114 Slot machine gaming areas.—
  899         (2) The slot machine licensee shall display pari-mutuel
  900  races or games within the designated slot machine gaming areas
  901  and offer patrons within the designated slot machine gaming
  902  areas the ability to engage in pari-mutuel wagering on any live,
  903  intertrack, and simulcast races conducted or offered to patrons
  904  of the licensed facility.
  905         (4) Designated slot machine gaming areas may be located
  906  within the current live gaming facility or in an existing
  907  building that must be contiguous and connected to the live
  908  gaming facility, if applicable. If a designated slot machine
  909  gaming area is to be located in a building that is to be
  910  constructed, that new building must be contiguous and connected
  911  to the live gaming facility.
  912         Section 17. Paragraphs (a) and (b) of subsection (5) and
  913  paragraph (d) of subsection (13) of section 849.086, Florida
  914  Statutes, are amended to read:
  915         849.086 Cardrooms authorized.—
  916         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  917  operate a cardroom in this state unless such person holds a
  918  valid cardroom license issued pursuant to this section.
  919         (a) Only those persons holding a valid cardroom license
  920  issued by the division may operate a cardroom. A cardroom
  921  license may only be issued to a licensed pari-mutuel
  922  permitholder and an authorized cardroom may only be operated at
  923  the same facility at which the permitholder is authorized under
  924  its valid pari-mutuel wagering permit to conduct pari-mutuel
  925  wagering activities. An initial cardroom license shall be issued
  926  to a pari-mutuel permitholder only after its facilities are in
  927  place and after it conducts its first day of live racing or
  928  games or, for a greyhound permitholder, only after it has
  929  conducted a full schedule of live racing in each of the
  930  preceding 10 years or after it was converted pursuant to s.
  931  550.054(14). A new cardroom license may not be issued in an area
  932  unless the local government has approved of such activity within
  933  its boundaries in accordance with subsection (16).
  934         (b) After the initial cardroom license is granted, the
  935  application for the annual license renewal shall be made in
  936  conjunction with the applicant’s annual application for its
  937  pari-mutuel license. If a permitholder has operated a cardroom
  938  during any of the 3 previous fiscal years and fails to include a
  939  renewal request for the operation of the cardroom in its annual
  940  application for license renewal, the permitholder may amend its
  941  annual application to include operation of the cardroom. Except
  942  for greyhound permitholders, in order for a cardroom license to
  943  be renewed the applicant must have requested, as part of its
  944  pari-mutuel annual license application, to conduct at least 90
  945  percent of the total number of live performances conducted by
  946  such permitholder during either the state fiscal year in which
  947  its initial cardroom license was issued or the state fiscal year
  948  immediately prior thereto if the permitholder ran at least a
  949  full schedule of live racing or games in the prior year. If the
  950  application is for a thoroughbred permitholder, the applicant
  951  must have requested to conduct at least 80 percent of the total
  952  number of live performances conducted by such a permitholder in
  953  the 2010-2011 state fiscal year or a lesser amount which has
  954  been agreed upon in writing by both the Florida Thoroughbred
  955  Breeders’ Association and the association representing a
  956  majority of the horse owners and trainers at the applicant’s
  957  facility. If the application is for a harness permitholder
  958  cardroom, the applicant must have requested authorization to
  959  conduct a minimum of 140 live performances during the state
  960  fiscal year immediately prior thereto. If more than one
  961  permitholder is operating at a facility, each permitholder must
  962  have applied for a license to conduct a full schedule of live
  963  racing. However, a minimum number of requested or conducted live
  964  performances is not required for a greyhound permitholder to
  965  maintain or renew a cardroom license.
  966         (13) TAXES AND OTHER PAYMENTS.—
  967         (d)1. Each greyhound and jai alai permitholder that
  968  operates a cardroom facility shall use at least 4 percent of
  969  such permitholder’s cardroom monthly gross receipts to
  970  supplement greyhound purses if live racing is conducted during a
  971  fiscal year, or jai alai prize money, respectively, during the
  972  permitholder’s current or next ensuing pari-mutuel meet.
  973         2. Each thoroughbred and harness horse racing permitholder
  974  that operates a cardroom facility shall use at least 50 percent
  975  of such permitholder’s cardroom monthly net proceeds as follows:
  976  47 percent to supplement purses and 3 percent to supplement
  977  breeders’ awards during the permitholder’s next ensuing racing
  978  meet.
  979         3. No cardroom license or renewal thereof shall be issued
  980  to an applicant holding a permit under chapter 550 to conduct
  981  pari-mutuel wagering meets of quarter horse racing unless the
  982  applicant has on file with the division a binding written
  983  agreement between the applicant and the Florida Quarter Horse
  984  Racing Association or the association representing a majority of
  985  the horse owners and trainers at the applicant’s eligible
  986  facility, governing the payment of purses on live quarter horse
  987  races conducted at the licensee’s pari-mutuel facility. The
  988  agreement governing purses may direct the payment of such purses
  989  from revenues generated by any wagering or gaming the applicant
  990  is authorized to conduct under Florida law. All purses shall be
  991  subject to the terms of chapter 550.
  992         Section 18. The Office of Program Policy and Governmental
  993  Accountability shall conduct a study on advance deposit wagering
  994  on thoroughbred races.  The purpose of the study is to determine
  995  the extent of advance deposit wagering activity originating in
  996  Florida and its impact, if any, on wagering activity at licensed
  997  pari-mutuel facilities in this state.  The study shall determine
  998  the capacity of account wagering systems to identify the
  999  location of account holders when the system is accessed for
 1000  wagering purposes; how many persons use advance deposit wagering
 1001  accounts to make advance deposit wagers originating in Florida;
 1002  how many of these accounts are ascribed to Florida residents;
 1003  how much money is wagered through these accounts on thoroughbred
 1004  races conducted at Florida thoroughbred tracks and on
 1005  thoroughbred races conducted at racetracks in other
 1006  jurisdictions; and the impact of advance deposit wagering on
 1007  thoroughbred purses and breeders’ awards in this state. The
 1008  Office of Program Policy and Governmental Accountability shall
 1009  report its findings to the Legislature no later than December
 1010  15, 2011.
 1011         Section 19. This act shall take effect upon becoming a law.
 1012  
 1013  ================= T I T L E  A M E N D M E N T ================
 1014         And the title is amended as follows:
 1015         Delete everything before the enacting clause
 1016  and insert:
 1017                        A bill to be entitled                      
 1018         An act relating to pari-mutuel permitholders; amending
 1019         s. 550.002, F.S.; revising the definition of the term
 1020         “full schedule of live racing or games”; prohibiting a
 1021         minimum requirement of live performances for greyhound
 1022         permitholders; amending s. 550.01215, F.S.; revising
 1023         the requirements for an application for a license to
 1024         conduct performances; extending the period of time
 1025         allowed to amend certain applications; amending s.
 1026         550.054, F.S.; removing a requirement for holders of
 1027         certain converted permits to conduct a full schedule
 1028         of live racing to qualify for certain tax credits;
 1029         amending s. 550.0951, F.S.; revising provisions
 1030         relating to a transfer by a permitholder of a tax
 1031         exemption or license fee credit to a greyhound
 1032         permitholder; revising provisions relating to the tax
 1033         on handle for dogracing and intertrack wagering;
 1034         conforming a cross-reference; amending s. 550.09514,
 1035         F.S.; revising provisions relating to the purse
 1036         requirements for greyhound racing and for the payment
 1037         of purses; amending s. 550.105, F.S.; revising
 1038         provisions relating to municipal taxes for dogracing
 1039         facilities; amending s. 550.26165, F.S.; conforming a
 1040         cross-reference to changes made by the act; amending
 1041         s. 550.26352, F.S.; providing findings; revising
 1042         provisions regarding the Breeders’ Cup World
 1043         Championship; creating a Breeders’ Cup Permit;
 1044         providing for the application for the permit;
 1045         exempting the permit from certain provisions;
 1046         providing deadlines for the application; providing
 1047         criteria; clarifying certain tax credits for the
 1048         Breeders’ Cup World Championship; providing for out
 1049         of-state broadcasts of races; providing for
 1050         revocation, suspension, or escheatment of permit;
 1051         amending s. 550.475, F.S.; revising provisions
 1052         relating to the leasing of pari-mutuel facilities by
 1053         pari-mutuel permitholders; amending s. 550.615, F.S.;
 1054         revising provisions relating to intertrack wagering;
 1055         amending s. 550.6305, F.S.; conforming cross
 1056         references; amending s. 550.6308, F.S.; revising
 1057         provisions relating to limited intertrack wagering
 1058         license; amending s. 550.5251, F.S.; revising
 1059         thoroughbred racing hours of operation; amending s.
 1060         551.104, F.S.; revising a condition of licensure for
 1061         the conduct of slot machine gaming; amending s.
 1062         551.114, F.S.; revising the requirements for
 1063         designated slot machine gaming areas; amending s.
 1064         849.086, F.S.; revising the requirements for initial
 1065         and renewal issuance of a cardroom license to a
 1066         greyhound permitholder; providing that a corresponding
 1067         pari-mutuel license application or a minimum number of
 1068         live performances is not required for a greyhound
 1069         permitholder to maintain or renew a cardroom license;
 1070         revising the requirements for renewal issuance of a
 1071         cardroom license to a thoroughbred permitholder;
 1072         providing for a study of advance deposit wagering on
 1073         thoroughbred races by the Office of Program Policy and
 1074         Governmental Accountability; providing an effective
 1075         date.