Florida Senate - 2012                                     SB 382
       
       
       
       By Senator Sachs
       
       
       
       
       30-00342B-12                                           2012382__
    1                        A bill to be entitled                      
    2         An act relating to greyhound racing; amending s.
    3         550.002, F.S.; revising the definition of the term
    4         “full schedule of live racing or games”; prohibiting a
    5         minimum requirement of live performances for greyhound
    6         permitholders; amending s. 550.01215, F.S.; revising
    7         the requirements for an application for a license to
    8         conduct performances; extending the period of time
    9         allowed to amend certain applications; amending s.
   10         550.054, F.S.; removing a requirement for holders of
   11         certain converted permits to conduct a full schedule
   12         of live racing to qualify for certain tax credits;
   13         amending s. 550.0951, F.S.; revising provisions
   14         relating to a transfer by a permitholder of a tax
   15         exemption or license fee credit to a greyhound
   16         permitholder; revising provisions relating to the tax
   17         on handle for dogracing and intertrack wagering;
   18         conforming a cross-reference; amending s. 550.09514,
   19         F.S.; revising provisions relating to the purse
   20         requirements for greyhound racing and for the payment
   21         of purses; amending s. 550.105, F.S.; revising
   22         provisions relating to municipal taxes for dogracing
   23         facilities; amending s. 550.26165, F.S.; conforming a
   24         cross-reference to changes made by the act; amending
   25         s. 550.475, F.S.; revising provisions relating to the
   26         leasing of pari-mutuel facilities by pari-mutuel
   27         permitholders; amending s. 550.615, F.S.; revising
   28         provisions relating to intertrack wagering; amending
   29         s. 550.6305, F.S.; conforming cross-references;
   30         amending s. 551.104, F.S.; revising a condition of
   31         licensure for the conduct of slot machine gaming;
   32         amending s. 551.114, F.S.; revising the requirements
   33         for designated slot machine gaming areas; amending s.
   34         849.086, F.S.; revising the requirements for initial
   35         and renewal issuance of a cardroom license to a
   36         greyhound permitholder; providing that a corresponding
   37         pari-mutuel license application or a minimum number of
   38         live performances is not required for a greyhound
   39         permitholder to maintain or renew a cardroom license;
   40         providing that the act does not authorize certain
   41         gambling activity; providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Subsection (11) of section 550.002, Florida
   46  Statutes, is amended to read:
   47         550.002 Definitions.—As used in this chapter, the term:
   48         (11) “Full schedule of live racing or games” means, for a
   49  greyhound or jai alai permitholder, the conduct of a combination
   50  of at least 100 live evening or matinee performances during the
   51  preceding year; for a permitholder who has a converted permit or
   52  filed an application on or before June 1, 1990, for a converted
   53  permit, the conduct of a combination of at least 100 live
   54  evening and matinee wagering performances during either of the 2
   55  preceding years; for a jai alai permitholder who does not
   56  operate slot machines in its pari-mutuel facility, who has
   57  conducted at least 100 live performances per year for at least
   58  10 years after December 31, 1992, and whose handle on live jai
   59  alai games conducted at its pari-mutuel facility has been less
   60  than $4 million per state fiscal year for at least 2 consecutive
   61  years after June 30, 1992, the conduct of a combination of at
   62  least 40 live evening or matinee performances during the
   63  preceding year; for a jai alai permitholder who operates slot
   64  machines in its pari-mutuel facility, the conduct of a
   65  combination of at least 150 performances during the preceding
   66  year; for a harness permitholder, the conduct of at least 100
   67  live regular wagering performances during the preceding year;
   68  for a quarter horse permitholder at its facility unless an
   69  alternative schedule of at least 20 live regular wagering
   70  performances is agreed upon by the permitholder and either the
   71  Florida Quarter Horse Racing Association or the horsemen’s
   72  association representing the majority of the quarter horse
   73  owners and trainers at the facility and filed with the division
   74  along with its annual date application, in the 2010-2011 fiscal
   75  year, the conduct of at least 20 regular wagering performances,
   76  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   77  least 30 live regular wagering performances, and for every
   78  fiscal year after the 2012-2013 fiscal year, the conduct of at
   79  least 40 live regular wagering performances; for a quarter horse
   80  permitholder leasing another licensed racetrack, the conduct of
   81  160 events at the leased facility; and for a thoroughbred
   82  permitholder, the conduct of at least 40 live regular wagering
   83  performances during the preceding year. For a permitholder which
   84  is restricted by statute to certain operating periods within the
   85  year when other members of its same class of permit are
   86  authorized to operate throughout the year, the specified number
   87  of live performances which constitute a full schedule of live
   88  racing or games shall be adjusted pro rata in accordance with
   89  the relationship between its authorized operating period and the
   90  full calendar year and the resulting specified number of live
   91  performances shall constitute the full schedule of live games
   92  for such permitholder and all other permitholders of the same
   93  class within 100 air miles of such permitholder. A live
   94  performance must consist of no fewer than eight races or games
   95  conducted live for each of a minimum of three performances each
   96  week at the permitholder’s licensed facility under a single
   97  admission charge. Notwithstanding any other provision of law,
   98  beginning with the 2012-2013 fiscal year, there shall be no
   99  minimum requirement of live performances for greyhound
  100  permitholders.
  101         Section 2. Subsection (1) of section 550.01215, Florida
  102  Statutes, is amended to read:
  103         550.01215 License application; periods of operation; bond,
  104  conversion of permit.—
  105         (1) Each permitholder shall annually, during the period
  106  between December 15 and January 4, file in writing with the
  107  division its application for a license to conduct pari-mutuel
  108  wagering activities performances during the next state fiscal
  109  year. Each application requesting live performances, if any,
  110  shall specify the number, dates, and starting times of all
  111  performances which the permitholder intends to conduct. It shall
  112  also specify which performances will be conducted as charity or
  113  scholarship performances. In addition, each application for a
  114  license shall include, for each permitholder which elects to
  115  operate a cardroom, the dates and periods of operation the
  116  permitholder intends to operate the cardroom or, for each
  117  thoroughbred permitholder which elects to receive or rebroadcast
  118  out-of-state races after 7 p.m., the dates for all performances
  119  which the permitholder intends to conduct. A greyhound
  120  permitholder may receive a license to conduct pari-mutuel
  121  wagering activities at a licensed greyhound facility pursuant to
  122  s. 550.475. Permitholders may shall be entitled to amend their
  123  applications through February 28 or, for applications by
  124  greyhound permitholders relating to the 2012-2013 fiscal year,
  125  through August 31, 2012.
  126         Section 3. Paragraph (b) of subsection (14) of section
  127  550.054, Florida Statutes, is amended to read:
  128         550.054 Application for permit to conduct pari-mutuel
  129  wagering.—
  130         (14)
  131         (b) The division, upon application from the holder of a jai
  132  alai permit meeting all conditions of this section, shall
  133  convert the permit and shall issue to the permitholder a permit
  134  to conduct greyhound racing. A permitholder of a permit
  135  converted under this section shall be required to apply for and
  136  conduct a full schedule of live racing each fiscal year to be
  137  eligible for any tax credit provided by this chapter. The holder
  138  of a permit converted pursuant to this subsection or any holder
  139  of a permit to conduct greyhound racing located in a county in
  140  which it is the only permit issued pursuant to this section who
  141  operates at a leased facility pursuant to s. 550.475 may move
  142  the location for which the permit has been issued to another
  143  location within a 30-mile radius of the location fixed in the
  144  permit issued in that county, provided the move does not cross
  145  the county boundary and such location is approved under the
  146  zoning regulations of the county or municipality in which the
  147  permit is located, and upon such relocation may use the permit
  148  for the conduct of pari-mutuel wagering and the operation of a
  149  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  150  apply to any permit converted under this subsection and shall
  151  continue to apply to any permit which was previously included
  152  under and subject to such provisions before a conversion
  153  pursuant to this section occurred.
  154         Section 4. Subsection (1) and paragraph (c) of subsection
  155  (3) of section 550.0951, Florida Statutes, are amended to read:
  156         550.0951 Payment of daily license fee and taxes;
  157  penalties.—
  158         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  159  business of conducting race meetings or jai alai games under
  160  this chapter, hereinafter referred to as the “permitholder,”
  161  “licensee,” or “permittee,” shall pay to the division, for the
  162  use of the division, a daily license fee on each live or
  163  simulcast pari-mutuel event of $100 for each horserace and $80
  164  for each dograce and $40 for each jai alai game conducted at a
  165  racetrack or fronton licensed under this chapter. In addition to
  166  the tax exemption specified in s. 550.09514(1) of $360,000 or
  167  $500,000 per greyhound permitholder per state fiscal year, each
  168  greyhound permitholder shall receive in the current state fiscal
  169  year a tax credit equal to the number of live greyhound races
  170  conducted in the previous state fiscal year times the daily
  171  license fee specified for each dograce in this subsection
  172  applicable for the previous state fiscal year. This tax credit
  173  and the exemption in s. 550.09514(1) shall be applicable to any
  174  tax imposed by this chapter or the daily license fees imposed by
  175  this chapter except during any charity or scholarship
  176  performances conducted pursuant to s. 550.0351. Each
  177  permitholder shall pay daily license fees not to exceed $500 per
  178  day on any simulcast races or games on which such permitholder
  179  accepts wagers regardless of the number of out-of-state events
  180  taken or the number of out-of-state locations from which such
  181  events are taken. This license fee shall be deposited with the
  182  Chief Financial Officer to the credit of the Pari-mutuel
  183  Wagering Trust Fund.
  184         (b) Each permitholder that cannot utilize the full amount
  185  of the exemption of $360,000 or $500,000 provided in s.
  186  550.09514(1) or the daily license fee credit provided in this
  187  section may, at any time after notifying the division in
  188  writing, elect once per state fiscal year on a form provided by
  189  the division, elect to transfer such exemption or credit or any
  190  portion thereof to any greyhound permitholder which acts as a
  191  host track to such permitholder for the purpose of intertrack
  192  wagering. Notwithstanding any other provision of law, the
  193  exemption of $360,000 or $500,000 provided in s. 550.09514(1),
  194  for each greyhound permitholder that does not conduct live
  195  racing shall be pooled for distribution to eligible greyhound
  196  permitholders in the current fiscal year and any portion of the
  197  exemptions provided in s. 550.09514(1) unused or not transferred
  198  by each greyhound permitholder that elects to conduct live
  199  racing shall be pooled for distribution to eligible greyhound
  200  permitholders in the following fiscal year. Each greyhound
  201  permitholder conducting at least 100 live performances of at
  202  least eight races during a fiscal year shall be eligible for an
  203  additional tax credit from the pool in an amount equal to the
  204  product of the respective permitholder’s percentage share of
  205  live and intertrack wagering handle, excluding the live and
  206  intertrack wagering handle of permitholders that do not conduct
  207  live racing during the year in which the credits are distributed
  208  under subsection (3) during the preceding fiscal year and the
  209  total value of tax credits available in the pool. A greyhound
  210  permitholder conducting live racing shall use the credits
  211  provided in paragraph (a) and s. 550.1647 prior to the
  212  exemptions provided in s. 550.09514(1) for purposes of
  213  calculating the amount of unused exemptions. Once an election to
  214  transfer such exemption or credit is filed with the division, it
  215  shall not be rescinded. The division shall disapprove the
  216  transfer when the amount of the exemption or credit or portion
  217  thereof is unavailable to the transferring permitholder for any
  218  reason, including being unavailable because the transferring
  219  permitholder did not conduct at least 100 live performances of
  220  at least eight races during the fiscal year, or when the
  221  permitholder who is entitled to transfer the exemption or credit
  222  or who is entitled to receive the exemption or credit owes taxes
  223  to the state pursuant to a deficiency letter or administrative
  224  complaint issued by the division. Upon approval of the transfer
  225  by the division, the transferred tax exemption or credit shall
  226  be effective for the first performance of the next payment
  227  period as specified in subsection (5). The exemption or credit
  228  transferred to such host track may be applied by such host track
  229  against any taxes imposed by this chapter or daily license fees
  230  imposed by this chapter. The greyhound permitholder host track
  231  to which such exemption or credit is transferred shall reimburse
  232  such permitholder the exact monetary value of such transferred
  233  exemption or credit as actually applied against the taxes and
  234  daily license fees of the host track. The division shall ensure
  235  that all transfers of exemption or credit are made in accordance
  236  with this subsection and shall have the authority to adopt rules
  237  to ensure the implementation of this section.
  238         (c) A greyhound permitholder that conducts at least 100
  239  live performances of at least eight races during each of the 5
  240  years after July 1, 2012; that subsequently elects to not
  241  conduct live racing; and that served as a host track for
  242  intertrack wagering in each of the 10 years preceding its
  243  election to not conduct live racing, or was converted pursuant
  244  to s. 550.054(14), is entitled to an annual tax credit for each
  245  year the greyhound permitholder conducted live racing after July
  246  1, 2012, not to exceed 10 years, in an amount equal to the
  247  average tax credit received by the greyhound permitholder
  248  pursuant to paragraph (b) during the 3 years preceding the
  249  greyhound permitholder’s election to not conduct live racing.
  250  The tax credit provided under this paragraph shall be deducted
  251  from the pool pursuant to paragraph (b) and may be applied
  252  against any taxes or fees imposed by this chapter or any taxes
  253  or fees imposed by s. 849.086.
  254         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  255  contributions to pari-mutuel pools, the aggregate of which is
  256  hereinafter referred to as “handle,” on races or games conducted
  257  by the permitholder. The tax is imposed daily and is based on
  258  the total contributions to all pari-mutuel pools conducted
  259  during the daily performance. If a permitholder conducts more
  260  than one performance daily, the tax is imposed on each
  261  performance separately.
  262         (c)1. The tax on handle for intertrack wagering is 2.0
  263  percent of the handle if the host track is a horse track, 3.3
  264  percent if the host track is a harness track, 5.5 percent if the
  265  host track is a dog track, and 7.1 percent if the host track is
  266  a jai alai fronton. The tax on handle for intertrack wagering is
  267  0.5 percent if the host track and the guest track are
  268  thoroughbred permitholders or if the guest track is located
  269  outside the market area of the host track and within the market
  270  area of a thoroughbred permitholder currently conducting a live
  271  race meet. The tax on handle for intertrack wagering on
  272  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  273  of the handle and 1.5 percent of the handle for intertrack
  274  wagering on rebroadcasts of simulcast harness horseraces. The
  275  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  276         2. The tax on handle for intertrack wagers accepted by any
  277  dog track located in an area of the state in which there are
  278  only three permitholders, all of which are greyhound
  279  permitholders, located in three contiguous counties, from any
  280  greyhound permitholder also located within such area or any dog
  281  track or jai alai fronton located as specified in s. 550.615(6)
  282  or (8) (9), on races or games received from the same class of
  283  permitholder located within the same market area is 3.9 percent
  284  if the host facility is a greyhound permitholder and, if the
  285  host facility is a jai alai permitholder, the rate shall be 6.1
  286  percent except that it shall be 2.3 percent on handle at such
  287  time as the total tax on intertrack handle paid to the division
  288  by the permitholder during the current state fiscal year exceeds
  289  the total tax on intertrack handle paid to the division by the
  290  permitholder during the 1992-1993 state fiscal year.
  291         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  292  of section 550.09514, Florida Statutes, are amended to read:
  293         550.09514 Greyhound dogracing taxes; purse requirements.—
  294         (2)
  295         (b) Except as otherwise set forth herein, in addition to
  296  the minimum purse percentage required by paragraph (a), each
  297  permitholder conducting live racing during a fiscal year shall
  298  pay as purses an annual amount equal to 75 percent of the daily
  299  license fees paid by each permitholder for the 1994-1995 fiscal
  300  year. This purse supplement shall be disbursed weekly during the
  301  permitholder’s race meet in an amount determined by dividing the
  302  annual purse supplement by the number of performances approved
  303  for the permitholder pursuant to its annual license and
  304  multiplying that amount by the number of performances conducted
  305  each week. For the greyhound permitholders in the county where
  306  there are two greyhound permitholders located as specified in s.
  307  550.615(6), such permitholders shall pay in the aggregate an
  308  amount equal to 75 percent of the daily license fees paid by
  309  such permitholders for the 1994-1995 fiscal year. These
  310  permitholders shall be jointly and severally liable for such
  311  purse payments. The additional purses provided by this paragraph
  312  must be used exclusively for purses other than stakes. The
  313  division shall conduct audits necessary to ensure compliance
  314  with this section.
  315         (c)1. Each greyhound permitholder when conducting at least
  316  three live performances during any week shall pay purses in that
  317  week on wagers it accepts as a guest track on intertrack and
  318  simulcast greyhound races at the same rate as it pays on live
  319  races. Each greyhound permitholder when conducting at least
  320  three live performances during any week shall pay purses in that
  321  week, at the same rate as it pays on live races, on wagers
  322  accepted on greyhound races at a guest track which is not
  323  conducting live racing and is located within the same market
  324  area as the greyhound permitholder conducting at least three
  325  live performances during any week.
  326         2. Each host greyhound permitholder shall pay purses on its
  327  simulcast and intertrack broadcasts of greyhound races to guest
  328  facilities that are located outside its market area in an amount
  329  equal to one quarter of an amount determined by subtracting the
  330  transmission costs of sending the simulcast or intertrack
  331  broadcasts from an amount determined by adding the fees received
  332  for greyhound simulcast races plus 3 percent of the greyhound
  333  intertrack handle at guest facilities that are located outside
  334  the market area of the host and that paid contractual fees to
  335  the host for such broadcasts of greyhound races. For guest
  336  greyhound permitholders not conducting live racing during a
  337  fiscal year and not subject to the purse requirements in
  338  subparagraph 1., 3 percent of the greyhound intertrack handle
  339  shall be paid to the host greyhound permitholder for payment of
  340  purses at the host track.
  341         (e) In addition to the purse requirements of paragraphs
  342  (a)-(c), each greyhound permitholder shall pay as purses an
  343  amount equal to one-third of the amount of the tax reduction on
  344  live and simulcast handle applicable to such permitholder as a
  345  result of the reductions in tax rates provided by this act
  346  through the amendments to s. 550.0951(3) in chapter 2000-354,
  347  Laws of Florida. With respect to intertrack wagering when the
  348  host and guest tracks are greyhound permitholders not within the
  349  same market area, an amount equal to the tax reduction
  350  applicable to the guest track handle as a result of the
  351  reduction in tax rates rate provided by this act through the
  352  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  353  of Florida, shall be distributed to the guest track, one-third
  354  of which amount shall be paid as purses at the guest tracks
  355  conducting live racing track. However, if the guest track is a
  356  greyhound permitholder within the market area of the host or if
  357  the guest track is not a greyhound permitholder, an amount equal
  358  to such tax reduction applicable to the guest track handle shall
  359  be retained by the host track, one-third of which amount shall
  360  be paid as purses at the host track. These purse funds shall be
  361  disbursed in the week received if the permitholder conducts at
  362  least one live performance during that week. If the permitholder
  363  does not conduct at least one live performance during the week
  364  in which the purse funds are received, the purse funds shall be
  365  disbursed weekly during the permitholder’s next race meet in an
  366  amount determined by dividing the purse amount by the number of
  367  performances approved for the permitholder pursuant to its
  368  annual license, and multiplying that amount by the number of
  369  performances conducted each week. The division shall conduct
  370  audits necessary to ensure compliance with this paragraph.
  371         Section 6. Subsection (9) of section 550.105, Florida
  372  Statutes, is amended to read:
  373         550.105 Occupational licenses of racetrack employees; fees;
  374  denial, suspension, and revocation of license; penalties and
  375  fines.—
  376         (9) The tax imposed by this section is in lieu of all
  377  license, excise, or occupational taxes to the state or any
  378  county, municipality, or other political subdivision, except
  379  that, if a race meeting or game is held or conducted in a
  380  municipality, the municipality may assess and collect an
  381  additional tax against any person conducting live racing or
  382  games within its corporate limits, which tax may not exceed $150
  383  per day for horseracing or $50 per day for dogracing,
  384  simulcasts, intertrack wagering, cardroom games, or jai alai, up
  385  to the maximum of 100 days for dogracing facilities. This tax
  386  may be levied on simulcasts, intertrack wagering, and cardroom
  387  games only to the extent that the facility does not have an
  388  existing agreement with the municipality. Except as provided in
  389  this chapter, a municipality may not assess or collect any
  390  additional excise or revenue tax against any person conducting
  391  race meetings within the corporate limits of the municipality or
  392  against any patron of any such person.
  393         Section 7. Subsection (1) of section 550.26165, Florida
  394  Statutes, is amended to read:
  395         550.26165 Breeders’ awards.—
  396         (1) The purpose of this section is to encourage the
  397  agricultural activity of breeding and training racehorses in
  398  this state. Moneys dedicated in this chapter for use as
  399  breeders’ awards and stallion awards are to be used for awards
  400  to breeders of registered Florida-bred horses winning horseraces
  401  and for similar awards to the owners of stallions who sired
  402  Florida-bred horses winning stakes races, if the stallions are
  403  registered as Florida stallions standing in this state. Such
  404  awards shall be given at a uniform rate to all winners of the
  405  awards, shall not be greater than 20 percent of the announced
  406  gross purse, and shall not be less than 15 percent of the
  407  announced gross purse if funds are available. In addition, no
  408  less than 17 percent nor more than 40 percent, as determined by
  409  the Florida Thoroughbred Breeders’ Association, of the moneys
  410  dedicated in this chapter for use as breeders’ awards and
  411  stallion awards for thoroughbreds shall be returned pro rata to
  412  the permitholders that generated the moneys for special racing
  413  awards to be distributed by the permitholders to owners of
  414  thoroughbred horses participating in prescribed thoroughbred
  415  stakes races, nonstakes races, or both, all in accordance with a
  416  written agreement establishing the rate, procedure, and
  417  eligibility requirements for such awards entered into by the
  418  permitholder, the Florida Thoroughbred Breeders’ Association,
  419  and the Florida Horsemen’s Benevolent and Protective
  420  Association, Inc., except that the plan for the distribution by
  421  any permitholder located in the area described in s. 550.615(8)
  422  s. 550.615(9) shall be agreed upon by that permitholder, the
  423  Florida Thoroughbred Breeders’ Association, and the association
  424  representing a majority of the thoroughbred racehorse owners and
  425  trainers at that location. Awards for thoroughbred races are to
  426  be paid through the Florida Thoroughbred Breeders’ Association,
  427  and awards for standardbred races are to be paid through the
  428  Florida Standardbred Breeders and Owners Association. Among
  429  other sources specified in this chapter, moneys for thoroughbred
  430  breeders’ awards will come from the 0.955 percent of handle for
  431  thoroughbred races conducted, received, broadcast, or simulcast
  432  under this chapter as provided in s. 550.2625(3). The moneys for
  433  quarter horse and harness breeders’ awards will come from the
  434  breaks and uncashed tickets on live quarter horse and harness
  435  racing performances and 1 percent of handle on intertrack
  436  wagering. The funds for these breeders’ awards shall be paid to
  437  the respective breeders’ associations by the permitholders
  438  conducting the races.
  439         Section 8. Section 550.475, Florida Statutes, is amended to
  440  read:
  441         550.475 Lease of pari-mutuel facilities by pari-mutuel
  442  permitholders.—Holders of valid pari-mutuel permits for the
  443  conduct of any jai alai games, dogracing, or thoroughbred and
  444  standardbred horse racing in this state are entitled to lease
  445  any and all of their facilities to any other holder of a same
  446  class valid pari-mutuel permit for jai alai games, dogracing, or
  447  thoroughbred or standardbred horse racing, when located within a
  448  35-mile radius of each other; and such lessee is entitled to a
  449  permit and license to operate its race meet or jai alai games at
  450  the leased premises.
  451         Section 9. Section 550.615, Florida Statutes, is amended to
  452  read:
  453         550.615 Intertrack wagering.—
  454         (1) Any horserace permitholder licensed under this chapter
  455  which has conducted a full schedule of live racing may, at any
  456  time, receive broadcasts of horseraces and accept wagers on
  457  horseraces conducted by horserace permitholders licensed under
  458  this chapter at its facility.
  459         (2) A Any track or fronton licensed under this chapter
  460  which conducted a full schedule of live racing or games which in
  461  the preceding year, any greyhound permitholder that has held an
  462  annual license to conduct pari-mutuel wagering activities in
  463  each of the preceding 10 years, or any greyhound permitholder
  464  converted pursuant to s. 550.054(14) conducted a full schedule
  465  of live racing is qualified to, at any time, receive broadcasts
  466  of any class of pari-mutuel race or game and accept wagers on
  467  such races or games conducted by any class of permitholders
  468  licensed under this chapter.
  469         (3) If a permitholder elects to broadcast its signal to any
  470  permitholder in this state, any permitholder that is eligible to
  471  conduct intertrack wagering under the provisions of ss. 550.615
  472  550.6345 is entitled to receive the broadcast and conduct
  473  intertrack wagering under this section; provided, however, that
  474  the host track may require a guest track within 25 miles of
  475  another permitholder to receive in any week at least 60 percent
  476  of the live races that the host track is making available on the
  477  days that the guest track is otherwise operating live races or
  478  games. A host track may require a guest track not operating live
  479  races or games and within 25 miles of another permitholder to
  480  accept within any week at least 60 percent of the live races
  481  that the host track is making available. A person may not
  482  restrain or attempt to restrain any permitholder that is
  483  otherwise authorized to conduct intertrack wagering from
  484  receiving the signal of any other permitholder or sending its
  485  signal to any permitholder.
  486         (4) In no event shall any intertrack wager be accepted on
  487  the same class of live races or games of any permitholder
  488  without the written consent of such operating permitholders
  489  conducting the same class of live races or games if the guest
  490  track is within the market area of such operating permitholder.
  491  A greyhound permitholder licensed under chapter 551 which
  492  accepts intertrack wagers on live greyhound signals is not
  493  required to obtain the written consent required pursuant to this
  494  subsection from any operating greyhound permitholder within its
  495  market area.
  496         (5) No permitholder within the market area of the host
  497  track shall take an intertrack wager on the host track without
  498  the consent of the host track.
  499         (6) Notwithstanding the provisions of subsection (3), in
  500  any area of the state where there are three or more horserace
  501  permitholders within 25 miles of each other, intertrack wagering
  502  between permitholders in said area of the state shall only be
  503  authorized under the following conditions: Any permitholder,
  504  other than a thoroughbred permitholder, may accept intertrack
  505  wagers on races or games conducted live by a permitholder of the
  506  same class or any harness permitholder located within such area
  507  and any harness permitholder may accept wagers on games
  508  conducted live by any jai alai permitholder located within its
  509  market area and from a jai alai permitholder located within the
  510  area specified in this subsection when no jai alai permitholder
  511  located within its market area is conducting live jai alai
  512  performances; any greyhound or jai alai permitholder may receive
  513  broadcasts of and accept wagers on any permitholder of the other
  514  class provided that a permitholder, other than the host track,
  515  of such other class is not operating a contemporaneous live
  516  performance within the market area.
  517         (7) In any county of the state where there are only two
  518  permits, one for dogracing and one for jai alai, no intertrack
  519  wager may be taken during the period of time when a permitholder
  520  is not licensed to conduct live races or games without the
  521  written consent of the other permitholder that is conducting
  522  live races or games. However, if neither permitholder is
  523  conducting live races or games, either permitholder may accept
  524  intertrack wagers on horseraces or on the same class of races or
  525  games, or on both horseraces and the same class of races or
  526  games as is authorized by its permit.
  527         (7)(8)In any three contiguous counties of the state where
  528  there are only three permitholders, all of which are greyhound
  529  permitholders, If any greyhound permitholder leases the facility
  530  of another greyhound permitholder for the purpose of conducting
  531  all or any portion of the conduct of its live race meet pursuant
  532  to s. 550.475, such lessee may conduct intertrack wagering at
  533  its pre-lease permitted facility throughout the entire year,
  534  including while its race live meet is being conducted at the
  535  leased facility, if such permitholder has conducted a full
  536  schedule of live racing during the preceding fiscal year at its
  537  pre-lease permitted facility or at a leased facility, or
  538  combination thereof.
  539         (8)(9) In any two contiguous counties of the state in which
  540  there are located only four active permits, one for thoroughbred
  541  horse racing, two for greyhound dogracing, and one for jai alai
  542  games, no intertrack wager may be accepted on the same class of
  543  live races or games of any permitholder without the written
  544  consent of such operating permitholders conducting the same
  545  class of live races or games if the guest track is within the
  546  market area of such operating permitholder.
  547         (9)(10) All costs of receiving the transmission of the
  548  broadcasts shall be borne by the guest track; and all costs of
  549  sending the broadcasts shall be borne by the host track.
  550         Section 10. Paragraph (g) of subsection (9) of section
  551  550.6305, Florida Statutes, is amended to read:
  552         550.6305 Intertrack wagering; guest track payments;
  553  accounting rules.—
  554         (9) A host track that has contracted with an out-of-state
  555  horse track to broadcast live races conducted at such out-of
  556  state horse track pursuant to s. 550.3551(5) may broadcast such
  557  out-of-state races to any guest track and accept wagers thereon
  558  in the same manner as is provided in s. 550.3551.
  559         (g)1. Any thoroughbred permitholder which accepts wagers on
  560  a simulcast signal must make the signal available to any
  561  permitholder that is eligible to conduct intertrack wagering
  562  under the provisions of ss. 550.615-550.6345.
  563         2. Any thoroughbred permitholder which accepts wagers on a
  564  simulcast signal received after 6 p.m. must make such signal
  565  available to any permitholder that is eligible to conduct
  566  intertrack wagering under the provisions of ss. 550.615
  567  550.6345, including any permitholder located as specified in s.
  568  550.615(6). Such guest permitholders are authorized to accept
  569  wagers on such simulcast signal, notwithstanding any other
  570  provision of this chapter to the contrary.
  571         3. Any thoroughbred permitholder which accepts wagers on a
  572  simulcast signal received after 6 p.m. must make such signal
  573  available to any permitholder that is eligible to conduct
  574  intertrack wagering under the provisions of ss. 550.615
  575  550.6345, including any permitholder located as specified in s.
  576  550.615(8) s. 550.615(9). Such guest permitholders are
  577  authorized to accept wagers on such simulcast signals for a
  578  number of performances not to exceed that which constitutes a
  579  full schedule of live races for a quarter horse permitholder
  580  pursuant to s. 550.002(11), notwithstanding any other provision
  581  of this chapter to the contrary, except that the restrictions
  582  provided in s. 550.615(8)(a) s. 550.615(9)(a) apply to wagers on
  583  such simulcast signals.
  584  
  585  No thoroughbred permitholder shall be required to continue to
  586  rebroadcast a simulcast signal to any in-state permitholder if
  587  the average per performance gross receipts returned to the host
  588  permitholder over the preceding 30-day period were less than
  589  $100. Subject to the provisions of s. 550.615(4), as a condition
  590  of receiving rebroadcasts of thoroughbred simulcast signals
  591  under this paragraph, a guest permitholder must accept
  592  intertrack wagers on all live races conducted by all then
  593  operating thoroughbred permitholders.
  594         Section 11. Paragraph (c) of subsection (4) of section
  595  551.104, Florida Statutes, is amended to read:
  596         551.104 License to conduct slot machine gaming.—
  597         (4) As a condition of licensure and to maintain continued
  598  authority for the conduct of slot machine gaming, the slot
  599  machine licensee shall:
  600         (c) Conduct no fewer than a full schedule of live racing or
  601  games as defined in s. 550.002(11), except for holders of
  602  greyhound permits that do not have a live racing requirement. A
  603  permitholder’s responsibility to conduct such number of live
  604  races or games shall be reduced by the number of races or games
  605  that could not be conducted due to the direct result of fire,
  606  war, hurricane, or other disaster or event beyond the control of
  607  the permitholder.
  608         Section 12. Subsections (2) and (4) of section 551.114,
  609  Florida Statutes, are amended to read:
  610         551.114 Slot machine gaming areas.—
  611         (2) The slot machine licensee shall display pari-mutuel
  612  races or games within the designated slot machine gaming areas
  613  and offer patrons within the designated slot machine gaming
  614  areas the ability to engage in pari-mutuel wagering on any live,
  615  intertrack, and simulcast races conducted or offered to patrons
  616  of the licensed facility.
  617         (4) Designated slot machine gaming areas may be located
  618  within the current live gaming facility or in an existing
  619  building that must be contiguous and connected to the live
  620  gaming facility, if applicable. If a designated slot machine
  621  gaming area is to be located in a building that is to be
  622  constructed, that new building must be contiguous and connected
  623  to the live gaming facility.
  624         Section 13. Paragraphs (a) and (b) of subsection (5) and
  625  paragraph (d) of subsection (13) of section 849.086, Florida
  626  Statutes, are amended to read:
  627         849.086 Cardrooms authorized.—
  628         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  629  operate a cardroom in this state unless such person holds a
  630  valid cardroom license issued pursuant to this section.
  631         (a) Only those persons holding a valid cardroom license
  632  issued by the division may operate a cardroom. A cardroom
  633  license may only be issued to a licensed pari-mutuel
  634  permitholder and an authorized cardroom may only be operated at
  635  the same facility at which the permitholder is authorized under
  636  its valid pari-mutuel wagering permit to conduct pari-mutuel
  637  wagering activities. An initial cardroom license shall be issued
  638  to a pari-mutuel permitholder only after its facilities are in
  639  place and after it conducts its first day of live racing or
  640  games or, for a greyhound permitholder, only after it has
  641  conducted a full schedule of live racing in each of the
  642  preceding 10 years or after it was converted pursuant to s.
  643  550.054(14). A new cardroom license may not be issued in an area
  644  unless the local government has approved of such activity within
  645  its boundaries in accordance with subsection (16).
  646         (b) After the initial cardroom license is granted, the
  647  application for the annual license renewal shall be made in
  648  conjunction with the applicant’s annual application for its
  649  pari-mutuel license. If a permitholder has operated a cardroom
  650  during any of the 3 previous fiscal years and fails to include a
  651  renewal request for the operation of the cardroom in its annual
  652  application for license renewal, the permitholder may amend its
  653  annual application to include operation of the cardroom. Except
  654  for greyhound permitholders, in order for a cardroom license to
  655  be renewed the applicant must have requested, as part of its
  656  pari-mutuel annual license application, to conduct at least 90
  657  percent of the total number of live performances conducted by
  658  such permitholder during either the state fiscal year in which
  659  its initial cardroom license was issued or the state fiscal year
  660  immediately prior thereto if the permitholder ran at least a
  661  full schedule of live racing or games in the prior year. If the
  662  application is for a harness permitholder cardroom, the
  663  applicant must have requested authorization to conduct a minimum
  664  of 140 live performances during the state fiscal year
  665  immediately prior thereto. If more than one permitholder is
  666  operating at a facility, each permitholder must have applied for
  667  a license to conduct a full schedule of live racing. However, a
  668  minimum number of requested or conducted live performances is
  669  not required for a greyhound permitholder to maintain or renew a
  670  cardroom license.
  671         (13) TAXES AND OTHER PAYMENTS.—
  672         (d)1. Each greyhound and jai alai permitholder that
  673  operates a cardroom facility shall use at least 4 percent of
  674  such permitholder’s cardroom monthly gross receipts to
  675  supplement greyhound purses if live racing is conducted during a
  676  fiscal year, or jai alai prize money, respectively, during the
  677  permitholder’s current or next ensuing pari-mutuel meet.
  678         2. Each thoroughbred and harness horse racing permitholder
  679  that operates a cardroom facility shall use at least 50 percent
  680  of such permitholder’s cardroom monthly net proceeds as follows:
  681  47 percent to supplement purses and 3 percent to supplement
  682  breeders’ awards during the permitholder’s next ensuing racing
  683  meet.
  684         3. No cardroom license or renewal thereof shall be issued
  685  to an applicant holding a permit under chapter 550 to conduct
  686  pari-mutuel wagering meets of quarter horse racing unless the
  687  applicant has on file with the division a binding written
  688  agreement between the applicant and the Florida Quarter Horse
  689  Racing Association or the association representing a majority of
  690  the horse owners and trainers at the applicant’s eligible
  691  facility, governing the payment of purses on live quarter horse
  692  races conducted at the licensee’s pari-mutuel facility. The
  693  agreement governing purses may direct the payment of such purses
  694  from revenues generated by any wagering or gaming the applicant
  695  is authorized to conduct under Florida law. All purses shall be
  696  subject to the terms of chapter 550.
  697         Section 14. This act does not authorize gambling activity
  698  beyond what is provided for under current law as of March 1,
  699  2012.
  700         Section 15. This act shall take effect upon becoming a law.