Florida Senate - 2012                              CS for SB 382
       
       
       
       By the Committee on Regulated Industries; and Senators Sachs and
       Gaetz
       
       
       
       580-02434-12                                           2012382c1
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel wagering; amending s.
    3         550.002, F.S., which defines the term “full schedule
    4         of live racing or games”; providing that a greyhound
    5         permitholder is not required to conduct a minimum
    6         number of live performances; amending s. 550.01215,
    7         F.S.; revising requirements for an application for a
    8         license to conduct performances; extending the period
    9         of time allowed to amend certain applications;
   10         amending s. 550.054, F.S.; removing a requirement for
   11         holders of certain converted permits to conduct a full
   12         schedule of live racing to qualify for certain tax
   13         credits; amending s. 550.0951, F.S.; deleting
   14         provisions relating to transfer of certain unused
   15         exemptions or credits; conforming a cross-reference;
   16         amending s. 550.09514, F.S.; providing for transfer of
   17         certain unused exemptions or credits; revising purse
   18         requirements for greyhound racing and provisions for
   19         payment of purses; amending s. 550.475, F.S., relating
   20         to lease of pari-mutuel facilities by pari-mutuel
   21         permitholders; revising terminology to conform to
   22         changes made by the act; amending s. 550.615, F.S.;
   23         revising provisions for intertrack wagering; amending
   24         ss. 550.26165 and 550.6305, F.S.; conforming cross
   25         references to changes made by the act; amending s.
   26         551.102, F.S.; revising the definition of the term
   27         “eligible facility” to include a pari-mutuel facility
   28         in a county that takes action to place the question of
   29         slot machine approval on a countywide referendum by a
   30         specified date; providing that a county takes action
   31         to place a question on a countywide referendum if
   32         certain conditions are met; authorizing the issuance
   33         of a slot machine license to an eligible facility
   34         outside Miami-Dade County or Broward County under
   35         certain circumstances; providing for restrictions on
   36         the license; amending s. 551.104, F.S.; revising a
   37         condition of licensure for the conduct of slot machine
   38         gaming; amending s. 551.114, F.S.; revising
   39         requirements for designated slot machine gaming areas;
   40         amending s. 849.086, F.S.; revising requirements for
   41         initial and renewal issuance of a cardroom license to
   42         a greyhound permitholder; providing that a minimum
   43         number of requested or conducted live performances is
   44         not required in order for a greyhound permitholder to
   45         maintain or renew a cardroom license; providing an
   46         effective date.
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsection (11) of section 550.002, Florida
   51  Statutes, is amended to read:
   52         550.002 Definitions.—As used in this chapter, the term:
   53         (11) “Full schedule of live racing or games” means, for a
   54  greyhound or jai alai permitholder, the conduct of a combination
   55  of at least 100 live evening or matinee performances during the
   56  preceding year; for a permitholder who has a converted permit or
   57  filed an application on or before June 1, 1990, for a converted
   58  permit, the conduct of a combination of at least 100 live
   59  evening and matinee wagering performances during either of the 2
   60  preceding years; for a jai alai permitholder who does not
   61  operate slot machines in its pari-mutuel facility, who has
   62  conducted at least 100 live performances per year for at least
   63  10 years after December 31, 1992, and whose handle on live jai
   64  alai games conducted at its pari-mutuel facility has been less
   65  than $4 million per state fiscal year for at least 2 consecutive
   66  years after June 30, 1992, the conduct of a combination of at
   67  least 40 live evening or matinee performances during the
   68  preceding year; for a jai alai permitholder who operates slot
   69  machines in its pari-mutuel facility, the conduct of a
   70  combination of at least 150 performances during the preceding
   71  year; for a harness permitholder, the conduct of at least 100
   72  live regular wagering performances during the preceding year;
   73  for a quarter horse permitholder at its facility unless an
   74  alternative schedule of at least 20 live regular wagering
   75  performances is agreed upon by the permitholder and either the
   76  Florida Quarter Horse Racing Association or the horsemen’s
   77  association representing the majority of the quarter horse
   78  owners and trainers at the facility and filed with the division
   79  along with its annual date application, in the 2010-2011 fiscal
   80  year, the conduct of at least 20 regular wagering performances,
   81  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   82  least 30 live regular wagering performances, and for every
   83  fiscal year after the 2012-2013 fiscal year, the conduct of at
   84  least 40 live regular wagering performances; for a quarter horse
   85  permitholder leasing another licensed racetrack, the conduct of
   86  160 events at the leased facility; and for a thoroughbred
   87  permitholder, the conduct of at least 40 live regular wagering
   88  performances during the preceding year. For a permitholder which
   89  is restricted by statute to certain operating periods within the
   90  year when other members of its same class of permit are
   91  authorized to operate throughout the year, the specified number
   92  of live performances which constitute a full schedule of live
   93  racing or games shall be adjusted pro rata in accordance with
   94  the relationship between its authorized operating period and the
   95  full calendar year and the resulting specified number of live
   96  performances shall constitute the full schedule of live games
   97  for such permitholder and all other permitholders of the same
   98  class within 100 air miles of such permitholder. A live
   99  performance must consist of no fewer than eight races or games
  100  conducted live for each of a minimum of three performances each
  101  week at the permitholder’s licensed facility under a single
  102  admission charge. Notwithstanding any other provision of law,
  103  beginning with the 2012-2013 fiscal year, there shall be no
  104  minimum requirement of live performances for greyhound
  105  permitholders.
  106         Section 2. Subsection (1) of section 550.01215, Florida
  107  Statutes, is amended to read:
  108         550.01215 License application; periods of operation; bond,
  109  conversion of permit.—
  110         (1) Each permitholder shall annually, during the period
  111  between December 15 and January 4, file in writing with the
  112  division its application for a license to conduct pari-mutuel
  113  wagering activities performances during the next state fiscal
  114  year. Each application requesting live performances, if any,
  115  shall specify the number, dates, and starting times of all
  116  performances which the permitholder intends to conduct. It shall
  117  also specify which performances will be conducted as charity or
  118  scholarship performances. In addition, each application for a
  119  license shall include, for each permitholder which elects to
  120  operate a cardroom, the dates and periods of operation the
  121  permitholder intends to operate the cardroom or, for each
  122  thoroughbred permitholder which elects to receive or rebroadcast
  123  out-of-state races after 7 p.m., the dates for all performances
  124  which the permitholder intends to conduct. A greyhound
  125  permitholder may receive a license to conduct pari-mutuel
  126  wagering activities at a licensed greyhound facility pursuant to
  127  s. 550.475. Permitholders may shall be entitled to amend their
  128  applications through February 28 or, for applications by
  129  greyhound permitholders relating to the 2012-2013 fiscal year,
  130  through August 31, 2012.
  131         Section 3. Paragraph (b) of subsection (14) of section
  132  550.054, Florida Statutes, is amended to read:
  133         550.054 Application for permit to conduct pari-mutuel
  134  wagering.—
  135         (14)
  136         (b) The division, upon application from the holder of a jai
  137  alai permit meeting all conditions of this section, shall
  138  convert the permit and shall issue to the permitholder a permit
  139  to conduct greyhound racing. A permitholder of a permit
  140  converted under this section shall be required to apply for and
  141  conduct a full schedule of live racing each fiscal year to be
  142  eligible for any tax credit provided by this chapter. The holder
  143  of a permit converted pursuant to this subsection or any holder
  144  of a permit to conduct greyhound racing located in a county in
  145  which it is the only permit issued pursuant to this section who
  146  operates at a leased facility pursuant to s. 550.475 may move
  147  the location for which the permit has been issued to another
  148  location within a 30-mile radius of the location fixed in the
  149  permit issued in that county, provided the move does not cross
  150  the county boundary and such location is approved under the
  151  zoning regulations of the county or municipality in which the
  152  permit is located, and upon such relocation may use the permit
  153  for the conduct of pari-mutuel wagering and the operation of a
  154  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  155  apply to any permit converted under this subsection and shall
  156  continue to apply to any permit which was previously included
  157  under and subject to such provisions before a conversion
  158  pursuant to this section occurred.
  159         Section 4. Subsection (1) and paragraph (c) of subsection
  160  (3) of section 550.0951, Florida Statutes, are amended to read:
  161         550.0951 Payment of daily license fee and taxes;
  162  penalties.—
  163         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  164  business of conducting race meetings or jai alai games under
  165  this chapter, hereinafter referred to as the “permitholder,”
  166  “licensee,” or “permittee,” shall pay to the division, for the
  167  use of the division, a daily license fee on each live or
  168  simulcast pari-mutuel event of $100 for each horserace and $80
  169  for each dograce and $40 for each jai alai game conducted at a
  170  racetrack or fronton licensed under this chapter. In addition to
  171  the tax exemption specified in s. 550.09514(1) of $360,000 or
  172  $500,000 per greyhound permitholder per state fiscal year, each
  173  greyhound permitholder shall receive in the current state fiscal
  174  year a tax credit equal to the number of live greyhound races
  175  conducted in the previous state fiscal year times the daily
  176  license fee specified for each dograce in this subsection
  177  applicable for the previous state fiscal year. This tax credit
  178  and the exemption in s. 550.09514(1) shall be applicable to any
  179  tax imposed by this chapter or the daily license fees imposed by
  180  this chapter except during any charity or scholarship
  181  performances conducted pursuant to s. 550.0351. Each
  182  permitholder shall pay daily license fees not to exceed $500 per
  183  day on any simulcast races or games on which such permitholder
  184  accepts wagers regardless of the number of out-of-state events
  185  taken or the number of out-of-state locations from which such
  186  events are taken. This license fee shall be deposited with the
  187  Chief Financial Officer to the credit of the Pari-mutuel
  188  Wagering Trust Fund.
  189         (b) Each permitholder that cannot utilize the full amount
  190  of the exemption of $360,000 or $500,000 provided in s.
  191  550.09514(1) or the daily license fee credit provided in this
  192  section may, after notifying the division in writing, elect once
  193  per state fiscal year on a form provided by the division, to
  194  transfer such exemption or credit or any portion thereof to any
  195  greyhound permitholder which acts as a host track to such
  196  permitholder for the purpose of intertrack wagering. Once an
  197  election to transfer such exemption or credit is filed with the
  198  division, it shall not be rescinded. The division shall
  199  disapprove the transfer when the amount of the exemption or
  200  credit or portion thereof is unavailable to the transferring
  201  permitholder or when the permitholder who is entitled to
  202  transfer the exemption or credit or who is entitled to receive
  203  the exemption or credit owes taxes to the state pursuant to a
  204  deficiency letter or administrative complaint issued by the
  205  division. Upon approval of the transfer by the division, the
  206  transferred tax exemption or credit shall be effective for the
  207  first performance of the next payment period as specified in
  208  subsection (5). The exemption or credit transferred to such host
  209  track may be applied by such host track against any taxes
  210  imposed by this chapter or daily license fees imposed by this
  211  chapter. The greyhound permitholder host track to which such
  212  exemption or credit is transferred shall reimburse such
  213  permitholder the exact monetary value of such transferred
  214  exemption or credit as actually applied against the taxes and
  215  daily license fees of the host track. The division shall ensure
  216  that all transfers of exemption or credit are made in accordance
  217  with this subsection and shall have the authority to adopt rules
  218  to ensure the implementation of this section.
  219         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  220  contributions to pari-mutuel pools, the aggregate of which is
  221  hereinafter referred to as “handle,” on races or games conducted
  222  by the permitholder. The tax is imposed daily and is based on
  223  the total contributions to all pari-mutuel pools conducted
  224  during the daily performance. If a permitholder conducts more
  225  than one performance daily, the tax is imposed on each
  226  performance separately.
  227         (c)1. The tax on handle for intertrack wagering is 2.0
  228  percent of the handle if the host track is a horse track, 3.3
  229  percent if the host track is a harness track, 5.5 percent if the
  230  host track is a dog track, and 7.1 percent if the host track is
  231  a jai alai fronton. The tax on handle for intertrack wagering is
  232  0.5 percent if the host track and the guest track are
  233  thoroughbred permitholders or if the guest track is located
  234  outside the market area of the host track and within the market
  235  area of a thoroughbred permitholder currently conducting a live
  236  race meet. The tax on handle for intertrack wagering on
  237  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  238  of the handle and 1.5 percent of the handle for intertrack
  239  wagering on rebroadcasts of simulcast harness horseraces. The
  240  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  241         2. The tax on handle for intertrack wagers accepted by any
  242  dog track located in an area of the state in which there are
  243  only three permitholders, all of which are greyhound
  244  permitholders, located in three contiguous counties, from any
  245  greyhound permitholder also located within such area or any dog
  246  track or jai alai fronton located as specified in s. 550.615(6)
  247  or (8)(9), on races or games received from the same class of
  248  permitholder located within the same market area is 3.9 percent
  249  if the host facility is a greyhound permitholder and, if the
  250  host facility is a jai alai permitholder, the rate shall be 6.1
  251  percent except that it shall be 2.3 percent on handle at such
  252  time as the total tax on intertrack handle paid to the division
  253  by the permitholder during the current state fiscal year exceeds
  254  the total tax on intertrack handle paid to the division by the
  255  permitholder during the 1992-1993 state fiscal year.
  256         Section 5. Subsection (1) and paragraphs (b), (c), and (e)
  257  of subsection (2) of section 550.09514, Florida Statutes, are
  258  amended to read:
  259         550.09514 Greyhound dogracing taxes; purse requirements.—
  260         (1)(a) Wagering on greyhound racing is subject to a tax on
  261  handle for live greyhound racing as specified in s. 550.0951(3).
  262  However, each permitholder shall pay no tax on handle until such
  263  time as this subsection has resulted in a tax savings per state
  264  fiscal year of $360,000. Thereafter, each permitholder shall pay
  265  the tax as specified in s. 550.0951(3) on all handle for the
  266  remainder of the permitholder’s current race meet. For the three
  267  permitholders that conducted a full schedule of live racing in
  268  1995, and are closest to another state that authorizes greyhound
  269  pari-mutuel wagering, the maximum tax savings per state fiscal
  270  year shall be $500,000. The provisions of this subsection
  271  relating to tax exemptions shall not apply to any charity or
  272  scholarship performances conducted pursuant to s. 550.0351.
  273         (b) Each permitholder licensed to conduct at least 100 live
  274  performances of at least eight races during a fiscal year who
  275  cannot use the full amount of the exemption of $360,000 or
  276  $500,000 provided in paragraph (a) or the daily license fee
  277  credit provided in s. 550.0951(1) may, at any time after
  278  notifying the division in writing on a form provided by the
  279  division, transfer such exemption or credit or any portion
  280  thereof to any greyhound permitholder that acts as a host track
  281  to such permitholder for the purpose of intertrack wagering.
  282  Once an election to transfer such exemption or credit is filed
  283  with the division, it may not be rescinded. The division shall
  284  disapprove the transfer when the amount of the exemption or
  285  credit or portion thereof is unavailable to the transferring
  286  permitholder for any reason, including being unavailable because
  287  the transferring permitholder is not licensed to conduct at
  288  least 100 live performances of at least eight races during the
  289  fiscal year, or when the permitholder who is entitled to
  290  transfer the exemption or credit or who is entitled to receive
  291  the exemption or credit owes taxes to the state pursuant to a
  292  deficiency letter or administrative complaint issued by the
  293  division. The greyhound permitholder host track to which such
  294  exemption or credit is transferred shall reimburse such
  295  permitholder the exact monetary value of such transferred
  296  exemption or credit as actually applied against the taxes and
  297  daily license fees of the host track.
  298         (c) Each permitholder who is not licensed to conduct at
  299  least 100 live performances of at least eight races during a
  300  fiscal year forfeits the exemption of $360,000 or $500,000
  301  provided in paragraph (a). Annually, the division shall pool
  302  such forfeited exemptions from greyhound permitholders and each
  303  greyhound permitholder who is licensed to conduct at least 100
  304  live performances of at least eight races during the fiscal year
  305  is entitled to an additional tax credit in an amount equal to
  306  the product of the respective permitholder’s percentage share of
  307  live and intertrack wagering handle under s. 550.0951(3) during
  308  the previous fiscal year and the total value of tax credits
  309  available in the pool.
  310         (d) Upon approval of a transfer under paragraph (b) or
  311  additional credit under paragraph (c) by the division, the tax
  312  exemption or credit shall be effective for the first performance
  313  of the next payment period as specified in s. 550.0951(5).
  314         (e) Exemptions or credits issued or transferred pursuant to
  315  this subsection may be applied against any taxes imposed by this
  316  chapter or daily license fees imposed by this chapter, except
  317  during any charity or scholarship performances conducted
  318  pursuant to s. 550.0351. No credit or exemption authorized under
  319  this section or s. 550.0951 shall carry forward to subsequent
  320  fiscal years. The division shall ensure that all transfers of
  321  exemptions or credits are made in accordance with this
  322  subsection and may adopt rules to ensure the implementation of
  323  this section.
  324         (2)
  325         (b) Except as otherwise set forth herein, in addition to
  326  the minimum purse percentage required by paragraph (a), each
  327  permitholder conducting live racing during a fiscal year shall
  328  pay as purses an annual amount equal to 75 percent of the daily
  329  license fees paid by each permitholder for the 1994-1995 fiscal
  330  year. This purse supplement shall be disbursed weekly during the
  331  permitholder’s race meet in an amount determined by dividing the
  332  annual purse supplement by the number of performances approved
  333  for the permitholder pursuant to its annual license and
  334  multiplying that amount by the number of performances conducted
  335  each week. For the greyhound permitholders in the county where
  336  there are two greyhound permitholders located as specified in s.
  337  550.615(6), such permitholders shall pay in the aggregate an
  338  amount equal to 75 percent of the daily license fees paid by
  339  such permitholders for the 1994-1995 fiscal year. These
  340  permitholders shall be jointly and severally liable for such
  341  purse payments. The additional purses provided by this paragraph
  342  must be used exclusively for purses other than stakes. The
  343  division shall conduct audits necessary to ensure compliance
  344  with this section.
  345         (c)1. Each greyhound permitholder when conducting at least
  346  three live performances during any week shall pay purses in that
  347  week on wagers it accepts as a guest track on intertrack and
  348  simulcast greyhound races at the same rate as it pays on live
  349  races. Each greyhound permitholder when conducting at least
  350  three live performances during any week shall pay purses in that
  351  week, at the same rate as it pays on live races, on wagers
  352  accepted on greyhound races at a guest track which is not
  353  conducting live racing and is located within the same market
  354  area as the greyhound permitholder conducting at least three
  355  live performances during any week.
  356         2. Each host greyhound permitholder shall pay purses on its
  357  simulcast and intertrack broadcasts of greyhound races to guest
  358  facilities that are located outside its market area in an amount
  359  equal to one quarter of an amount determined by subtracting the
  360  transmission costs of sending the simulcast or intertrack
  361  broadcasts from an amount determined by adding the fees received
  362  for greyhound simulcast races plus 3 percent of the greyhound
  363  intertrack handle at guest facilities that are located outside
  364  the market area of the host and that paid contractual fees to
  365  the host for such broadcasts of greyhound races. For guest
  366  greyhound permitholders not conducting live racing during a
  367  fiscal year and not subject to the purse requirements of
  368  subparagraph 1., 3 percent of the greyhound intertrack handle
  369  shall be paid to the host greyhound permitholder for payment of
  370  purses at the host track.
  371         (e) In addition to the purse requirements of paragraphs
  372  (a)-(c), each greyhound permitholder shall pay as purses an
  373  amount equal to one-third of the amount of the tax reduction on
  374  live and simulcast handle applicable to such permitholder as a
  375  result of the reductions in tax rates provided by this act
  376  through the amendments to s. 550.0951(3) by chapter 2000-354,
  377  Laws of Florida. With respect to intertrack wagering when the
  378  host and guest tracks are greyhound permitholders not within the
  379  same market area, an amount equal to the tax reduction
  380  applicable to the guest track handle as a result of the
  381  reduction in tax rates rate provided by this act through the
  382  amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws
  383  of Florida, shall be distributed to the guest track, one-third
  384  of which amount shall be paid as purses at those guest tracks
  385  conducting live racing the guest track. However, if the guest
  386  track is a greyhound permitholder within the market area of the
  387  host or if the guest track is not a greyhound permitholder, an
  388  amount equal to such tax reduction applicable to the guest track
  389  handle shall be retained by the host track, one-third of which
  390  amount shall be paid as purses at the host track. These purse
  391  funds shall be disbursed in the week received if the
  392  permitholder conducts at least one live performance during that
  393  week. If the permitholder does not conduct at least one live
  394  performance during the week in which the purse funds are
  395  received, the purse funds shall be disbursed weekly during the
  396  permitholder’s next race meet in an amount determined by
  397  dividing the purse amount by the number of performances approved
  398  for the permitholder pursuant to its annual license, and
  399  multiplying that amount by the number of performances conducted
  400  each week. The division shall conduct audits necessary to ensure
  401  compliance with this paragraph.
  402         Section 6. Subsection (1) of section 550.26165, Florida
  403  Statutes, is amended to read:
  404         550.26165 Breeders’ awards.—
  405         (1) The purpose of this section is to encourage the
  406  agricultural activity of breeding and training racehorses in
  407  this state. Moneys dedicated in this chapter for use as
  408  breeders’ awards and stallion awards are to be used for awards
  409  to breeders of registered Florida-bred horses winning horseraces
  410  and for similar awards to the owners of stallions who sired
  411  Florida-bred horses winning stakes races, if the stallions are
  412  registered as Florida stallions standing in this state. Such
  413  awards shall be given at a uniform rate to all winners of the
  414  awards, shall not be greater than 20 percent of the announced
  415  gross purse, and shall not be less than 15 percent of the
  416  announced gross purse if funds are available. In addition, no
  417  less than 17 percent nor more than 40 percent, as determined by
  418  the Florida Thoroughbred Breeders’ Association, of the moneys
  419  dedicated in this chapter for use as breeders’ awards and
  420  stallion awards for thoroughbreds shall be returned pro rata to
  421  the permitholders that generated the moneys for special racing
  422  awards to be distributed by the permitholders to owners of
  423  thoroughbred horses participating in prescribed thoroughbred
  424  stakes races, nonstakes races, or both, all in accordance with a
  425  written agreement establishing the rate, procedure, and
  426  eligibility requirements for such awards entered into by the
  427  permitholder, the Florida Thoroughbred Breeders’ Association,
  428  and the Florida Horsemen’s Benevolent and Protective
  429  Association, Inc., except that the plan for the distribution by
  430  any permitholder located in the area described in s.
  431  550.615(8)(9) shall be agreed upon by that permitholder, the
  432  Florida Thoroughbred Breeders’ Association, and the association
  433  representing a majority of the thoroughbred racehorse owners and
  434  trainers at that location. Awards for thoroughbred races are to
  435  be paid through the Florida Thoroughbred Breeders’ Association,
  436  and awards for standardbred races are to be paid through the
  437  Florida Standardbred Breeders and Owners Association. Among
  438  other sources specified in this chapter, moneys for thoroughbred
  439  breeders’ awards will come from the 0.955 percent of handle for
  440  thoroughbred races conducted, received, broadcast, or simulcast
  441  under this chapter as provided in s. 550.2625(3). The moneys for
  442  quarter horse and harness breeders’ awards will come from the
  443  breaks and uncashed tickets on live quarter horse and harness
  444  racing performances and 1 percent of handle on intertrack
  445  wagering. The funds for these breeders’ awards shall be paid to
  446  the respective breeders’ associations by the permitholders
  447  conducting the races.
  448         Section 7. Section 550.475, Florida Statutes, is amended to
  449  read:
  450         550.475 Lease of pari-mutuel facilities by pari-mutuel
  451  permitholders.—Holders of valid pari-mutuel permits for the
  452  conduct of any jai alai games, dogracing, or thoroughbred and
  453  standardbred horse racing in this state are entitled to lease
  454  any and all of their facilities to any other holder of a same
  455  class valid pari-mutuel permit for jai alai games, dogracing, or
  456  thoroughbred or standardbred horse racing, when located within a
  457  35-mile radius of each other; and such lessee is entitled to a
  458  permit and license to operate its race meet or jai alai games at
  459  the leased premises.
  460         Section 8. Section 550.615, Florida Statutes, is amended to
  461  read:
  462         550.615 Intertrack wagering.—
  463         (1) Any horserace permitholder licensed under this chapter
  464  which has conducted a full schedule of live racing may, at any
  465  time, receive broadcasts of horseraces and accept wagers on
  466  horseraces conducted by horserace permitholders licensed under
  467  this chapter at its facility.
  468         (2) A Any track or fronton licensed under this chapter that
  469  conducted a full schedule of live racing or games which in the
  470  preceding year, or any greyhound permitholder that has held an
  471  annual license to conduct pari-mutuel wagering activities in
  472  each of the preceding 10 years or was converted pursuant to s.
  473  550.054(14), conducted a full schedule of live racing is
  474  qualified to, at any time, receive broadcasts of any class of
  475  pari-mutuel race or game and accept wagers on such races or
  476  games conducted by any class of permitholders licensed under
  477  this chapter.
  478         (3) If a permitholder elects to broadcast its signal to any
  479  permitholder in this state, any permitholder that is eligible to
  480  conduct intertrack wagering under the provisions of ss. 550.615
  481  550.6345 is entitled to receive the broadcast and conduct
  482  intertrack wagering under this section; provided, however, that
  483  the host track may require a guest track within 25 miles of
  484  another permitholder to receive in any week at least 60 percent
  485  of the live races that the host track is making available on the
  486  days that the guest track is otherwise operating live races or
  487  games. A host track may require a guest track not operating live
  488  races or games and within 25 miles of another permitholder to
  489  accept within any week at least 60 percent of the live races
  490  that the host track is making available. A person may not
  491  restrain or attempt to restrain any permitholder that is
  492  otherwise authorized to conduct intertrack wagering from
  493  receiving the signal of any other permitholder or sending its
  494  signal to any permitholder.
  495         (4) In no event shall any intertrack wager be accepted on
  496  the same class of live races or games of any permitholder
  497  without the written consent of such operating permitholders
  498  conducting the same class of live races or games if the guest
  499  track is within the market area of such operating permitholder.
  500  A greyhound permitholder licensed under chapter 551 that accepts
  501  intertrack wagers on live greyhound signals is not required to
  502  obtain the written consent required by this subsection from any
  503  operating greyhound permitholder within its market area.
  504         (5) No permitholder within the market area of the host
  505  track shall take an intertrack wager on the host track without
  506  the consent of the host track.
  507         (6) Notwithstanding the provisions of subsection (3), in
  508  any area of the state where there are three or more horserace
  509  permitholders within 25 miles of each other, intertrack wagering
  510  between permitholders in said area of the state shall only be
  511  authorized under the following conditions: Any permitholder,
  512  other than a thoroughbred permitholder, may accept intertrack
  513  wagers on races or games conducted live by a permitholder of the
  514  same class or any harness permitholder located within such area
  515  and any harness permitholder may accept wagers on games
  516  conducted live by any jai alai permitholder located within its
  517  market area and from a jai alai permitholder located within the
  518  area specified in this subsection when no jai alai permitholder
  519  located within its market area is conducting live jai alai
  520  performances; any greyhound or jai alai permitholder may receive
  521  broadcasts of and accept wagers on any permitholder of the other
  522  class provided that a permitholder, other than the host track,
  523  of such other class is not operating a contemporaneous live
  524  performance within the market area.
  525         (7) In any county of the state where there are only two
  526  permits, one for dogracing and one for jai alai, no intertrack
  527  wager may be taken during the period of time when a permitholder
  528  is not licensed to conduct live races or games without the
  529  written consent of the other permitholder that is conducting
  530  live races or games. However, if neither permitholder is
  531  conducting live races or games, either permitholder may accept
  532  intertrack wagers on horseraces or on the same class of races or
  533  games, or on both horseraces and the same class of races or
  534  games as is authorized by its permit.
  535         (7)(8)In any three contiguous counties of the state where
  536  there are only three permitholders, all of which are greyhound
  537  permitholders, If any greyhound permitholder leases the facility
  538  of another greyhound permitholder for the purpose of conducting
  539  all or any portion of the conduct of its live race meet pursuant
  540  to s. 550.475, such lessee may conduct intertrack wagering at
  541  its pre-lease permitted facility throughout the entire year,
  542  including while its race live meet is being conducted at the
  543  leased facility, if such permitholder has conducted a full
  544  schedule of live racing during the preceding fiscal year at its
  545  pre-lease permitted facility or at a leased facility, or
  546  combination thereof.
  547         (8)(9) In any two contiguous counties of the state in which
  548  there are located only four active permits, one for thoroughbred
  549  horse racing, two for greyhound dogracing, and one for jai alai
  550  games, no intertrack wager may be accepted on the same class of
  551  live races or games of any permitholder without the written
  552  consent of such operating permitholders conducting the same
  553  class of live races or games if the guest track is within the
  554  market area of such operating permitholder.
  555         (9)(10) All costs of receiving the transmission of the
  556  broadcasts shall be borne by the guest track; and all costs of
  557  sending the broadcasts shall be borne by the host track.
  558         Section 9. Paragraph (g) of subsection (9) of section
  559  550.6305, Florida Statutes, is amended to read:
  560         550.6305 Intertrack wagering; guest track payments;
  561  accounting rules.—
  562         (9) A host track that has contracted with an out-of-state
  563  horse track to broadcast live races conducted at such out-of
  564  state horse track pursuant to s. 550.3551(5) may broadcast such
  565  out-of-state races to any guest track and accept wagers thereon
  566  in the same manner as is provided in s. 550.3551.
  567         (g)1. Any thoroughbred permitholder which accepts wagers on
  568  a simulcast signal must make the signal available to any
  569  permitholder that is eligible to conduct intertrack wagering
  570  under the provisions of ss. 550.615-550.6345.
  571         2. 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(6). Such guest permitholders are authorized to accept
  577  wagers on such simulcast signal, notwithstanding any other
  578  provision of this chapter to the contrary.
  579         3. Any thoroughbred permitholder which accepts wagers on a
  580  simulcast signal received after 6 p.m. must make such signal
  581  available to any permitholder that is eligible to conduct
  582  intertrack wagering under the provisions of ss. 550.615
  583  550.6345, including any permitholder located as specified in s.
  584  550.615(8)(9). Such guest permitholders are authorized to accept
  585  wagers on such simulcast signals for a number of performances
  586  not to exceed that which constitutes a full schedule of live
  587  races for a quarter horse permitholder pursuant to s.
  588  550.002(11), notwithstanding any other provision of this chapter
  589  to the contrary, except that the restrictions provided in s.
  590  550.615(8)(9)(a) apply to wagers on such simulcast signals.
  591  
  592  No thoroughbred permitholder shall be required to continue to
  593  rebroadcast a simulcast signal to any in-state permitholder if
  594  the average per performance gross receipts returned to the host
  595  permitholder over the preceding 30-day period were less than
  596  $100. Subject to the provisions of s. 550.615(4), as a condition
  597  of receiving rebroadcasts of thoroughbred simulcast signals
  598  under this paragraph, a guest permitholder must accept
  599  intertrack wagers on all live races conducted by all then
  600  operating thoroughbred permitholders.
  601         Section 10. Subsection (4) of section 551.102, Florida
  602  Statutes, is amended to read:
  603         551.102 Definitions.—As used in this chapter, the term:
  604         (4)(a) “Eligible facility” means any licensed pari-mutuel
  605  facility located in Miami-Dade County or Broward County existing
  606  at the time of adoption of s. 23, Art. X of the State
  607  Constitution which that has conducted live racing or games
  608  during calendar years 2002 and 2003 and has been approved by a
  609  majority of voters in a countywide referendum to have slot
  610  machines at such facility in the respective county; any licensed
  611  pari-mutuel facility located within a county as defined in s.
  612  125.011, if provided such facility has conducted live racing for
  613  2 consecutive calendar years immediately preceding its
  614  application for a slot machine license, pays the required
  615  license fee, and meets the other requirements of this chapter;
  616  or any licensed pari-mutuel facility in any other county in
  617  which a majority of voters have approved slot machines at such
  618  facilities in a countywide referendum held, or in which the
  619  county takes action to place the question on a countywide
  620  referendum on or before January 31, 2012, pursuant to a
  621  statutory or constitutional authorization after the effective
  622  date of this section in the respective county, provided such
  623  facility has conducted a full schedule of live racing for 2
  624  consecutive calendar years immediately preceding its application
  625  for a slot machine license, pays the required licensed fee, and
  626  meets the other requirements of this chapter.
  627         (b) For purposes of paragraph (a), the county takes action
  628  on or before January 31, 2012, if it:
  629         1. Adopts an ordinance or resolution setting a countywide
  630  referendum;
  631         2. Approves a countywide referendum and directs county
  632  staff to prepare a resolution or ordinance to implement the
  633  approval; or
  634         3. Places a resolution or ordinance on the agenda for the
  635  county’s next scheduled meeting of its governing body.
  636  
  637  Notwithstanding any other provision of law or a decision from a
  638  court of competent jurisdiction, a slot machine license may be
  639  issued to an eligible facility outside Miami-Dade County or
  640  Broward County; however, such license does not authorize slot
  641  machine gaming or require payment of any license fees or
  642  regulatory fees before July 7, 2015.
  643         Section 11. Paragraph (c) of subsection (4) of section
  644  551.104, Florida Statutes, is amended to read:
  645         551.104 License to conduct slot machine gaming.—
  646         (4) As a condition of licensure and to maintain continued
  647  authority for the conduct of slot machine gaming, the slot
  648  machine licensee shall:
  649         (c) Conduct no fewer than a full schedule of live racing or
  650  games as defined in s. 550.002(11), except for holders of
  651  greyhound permits, which have no live racing requirement. A
  652  permitholder’s responsibility to conduct such number of live
  653  races or games shall be reduced by the number of races or games
  654  that could not be conducted due to the direct result of fire,
  655  war, hurricane, or other disaster or event beyond the control of
  656  the permitholder.
  657         Section 12. Subsections (2) and (4) of section 551.114,
  658  Florida Statutes, are amended to read:
  659         551.114 Slot machine gaming areas.—
  660         (2) The slot machine licensee shall display pari-mutuel
  661  races or games within the designated slot machine gaming areas
  662  and offer patrons within the designated slot machine gaming
  663  areas the ability to engage in pari-mutuel wagering on any live,
  664  intertrack, and simulcast races conducted or offered to patrons
  665  of the licensed facility.
  666         (4) Designated slot machine gaming areas may be located
  667  within the current live gaming facility or in an existing
  668  building that must be contiguous and connected to the live
  669  gaming facility, if applicable. If a designated slot machine
  670  gaming area is to be located in a building that is to be
  671  constructed, that new building must be contiguous and connected
  672  to the live gaming facility.
  673         Section 13. Paragraphs (a) and (b) of subsection (5) and
  674  paragraph (d) of subsection (13) of section 849.086, Florida
  675  Statutes, are amended to read:
  676         849.086 Cardrooms authorized.—
  677         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  678  operate a cardroom in this state unless such person holds a
  679  valid cardroom license issued pursuant to this section.
  680         (a) Only those persons holding a valid cardroom license
  681  issued by the division may operate a cardroom. A cardroom
  682  license may only be issued to a licensed pari-mutuel
  683  permitholder and an authorized cardroom may only be operated at
  684  the same facility at which the permitholder is authorized under
  685  its valid pari-mutuel wagering permit to conduct pari-mutuel
  686  wagering activities. An initial cardroom license shall be issued
  687  to a pari-mutuel permitholder only after its facilities are in
  688  place and after it conducts its first day of live racing or
  689  games or, for a greyhound permitholder, only after it has
  690  conducted a full schedule of live racing in each of the
  691  preceding 10 years or after it was converted pursuant to s.
  692  550.054(14). A new cardroom license may not be issued in an area
  693  unless the local government has approved such activity within
  694  its boundaries in accordance with subsection (16).
  695         (b) After the initial cardroom license is granted, the
  696  application for the annual license renewal shall be made in
  697  conjunction with the applicant’s annual application for its
  698  pari-mutuel license. If a permitholder has operated a cardroom
  699  during any of the 3 previous fiscal years and fails to include a
  700  renewal request for the operation of the cardroom in its annual
  701  application for license renewal, the permitholder may amend its
  702  annual application to include operation of the cardroom. Except
  703  for greyhound permitholders, in order for a cardroom license to
  704  be renewed the applicant must have requested, as part of its
  705  pari-mutuel annual license application, to conduct at least 90
  706  percent of the total number of live performances conducted by
  707  such permitholder during either the state fiscal year in which
  708  its initial cardroom license was issued or the state fiscal year
  709  immediately prior thereto if the permitholder ran at least a
  710  full schedule of live racing or games in the prior year. If the
  711  application is for a harness permitholder cardroom, the
  712  applicant must have requested authorization to conduct a minimum
  713  of 140 live performances during the state fiscal year
  714  immediately prior thereto. If more than one permitholder is
  715  operating at a facility, each permitholder must have applied for
  716  a license to conduct a full schedule of live racing. However, a
  717  minimum number of requested or conducted live performances is
  718  not required in order for a greyhound permitholder to maintain
  719  or renew a cardroom license.
  720         (13) TAXES AND OTHER PAYMENTS.—
  721         (d)1. Each greyhound and jai alai permitholder that
  722  operates a cardroom facility shall use at least 4 percent of
  723  such permitholder’s cardroom monthly gross receipts to
  724  supplement greyhound purses if live racing is conducted during a
  725  fiscal year, or jai alai prize money, respectively, during the
  726  permitholder’s current or next ensuing pari-mutuel meet.
  727         2. Each thoroughbred and harness horse racing permitholder
  728  that operates a cardroom facility shall use at least 50 percent
  729  of such permitholder’s cardroom monthly net proceeds as follows:
  730  47 percent to supplement purses and 3 percent to supplement
  731  breeders’ awards during the permitholder’s next ensuing racing
  732  meet.
  733         3. No cardroom license or renewal thereof shall be issued
  734  to an applicant holding a permit under chapter 550 to conduct
  735  pari-mutuel wagering meets of quarter horse racing unless the
  736  applicant has on file with the division a binding written
  737  agreement between the applicant and the Florida Quarter Horse
  738  Racing Association or the association representing a majority of
  739  the horse owners and trainers at the applicant’s eligible
  740  facility, governing the payment of purses on live quarter horse
  741  races conducted at the licensee’s pari-mutuel facility. The
  742  agreement governing purses may direct the payment of such purses
  743  from revenues generated by any wagering or gaming the applicant
  744  is authorized to conduct under Florida law. All purses shall be
  745  subject to the terms of chapter 550.
  746         Section 14. This act shall take effect July 1, 2012.