Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 742
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LEGISLATIVE ACTION
Senate . House
Comm: OO .
04/24/2014 .
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The Committee on Appropriations (Sobel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 145 and 146
4 insert:
5 Section 2. Subsection (1) of section 550.01215, Florida
6 Statutes, is amended to read:
7 550.01215 License application; periods of operation; bond,
8 conversion of permit.—
9 (1) Each permitholder shall annually, during the period
10 between December 15 and January 4, file in writing with the
11 division its application for a license to conduct performances,
12 if any, during the next state fiscal year. Each application
13 shall specify the number, dates, and starting times of all
14 performances which the permitholder intends to conduct. It shall
15 also specify which performances will be conducted as charity or
16 scholarship performances. In addition, each application for a
17 license shall include, for each permitholder which elects to
18 operate a cardroom, the dates and periods of operation the
19 permitholder intends to operate the cardroom or, for each
20 thoroughbred permitholder which elects to receive or rebroadcast
21 out-of-state races after 7 p.m., the dates for all performances
22 which the permitholder intends to conduct. Permitholders may
23 shall be entitled to amend their applications through February
24 28. A greyhound permitholder operating pursuant to a current
25 year’s operating license issued by the division may specify that
26 it intends to conduct no live performances in its annual
27 application for a license to conduct performances during the
28 next state fiscal year. A greyhound permitholder operating
29 pursuant to a current year’s operating license may amend its
30 license for the 2014-2015 state fiscal year through August 31,
31 2014.
32 Section 3. Subsections (1), (7), and (8) of section
33 550.0351, Florida Statutes, are amended to read:
34 550.0351 Charity racing days.—
35 (1) The division shall, upon the request of a permitholder,
36 authorize each horseracing permitholder, dogracing permitholder,
37 and jai alai permitholder up to five charity or scholarship days
38 in addition to the regular racing days authorized by law.
39 (7) In addition to the charity days authorized by this
40 section, any dogracing permitholder may allow its facility to be
41 used for conducting “hound dog derbies” or “mutt derbies” on any
42 day during each racing season by any charitable, civic, or
43 nonprofit organization for the purpose of conducting “hound dog
44 derbies” or “mutt derbies” if only dogs other than those usually
45 used in dogracing (greyhounds) are permitted to race and if
46 adults and minors are allowed to participate as dog owners or
47 spectators. During these racing events, betting, gambling, and
48 the sale or use of alcoholic beverages is prohibited.
49 (7)(8) In addition to the eligible charities that meet the
50 criteria set forth in this section, a jai alai permitholder is
51 authorized to conduct two additional charity performances each
52 fiscal year for a fund to benefit retired jai alai players. This
53 performance shall be known as the “Retired Jai Alai Players
54 Charity Day.” The administration of this fund shall be
55 determined by rule by the division.
56 Section 4. Paragraph (b) of subsection (14) of section
57 550.054, Florida Statutes, is amended to read:
58 550.054 Application for permit to conduct pari-mutuel
59 wagering.—
60 (14)
61 (b) The division, upon application from the holder of a jai
62 alai permit meeting all conditions of this section, shall
63 convert the permit and shall issue to the permitholder a permit
64 to conduct greyhound racing. A permitholder of a permit
65 converted under this section shall be required to apply for and
66 conduct a full schedule of live racing in the first fiscal year
67 following the conversion A permitholder of a permit converted
68 under this section shall be required to apply for and conduct a
69 full schedule of live racing each fiscal year to be eligible for
70 any tax credit provided by this chapter. The holder of a permit
71 converted pursuant to this subsection or any holder of a permit
72 to conduct greyhound racing located in a county in which it is
73 the only permit issued pursuant to this section who operates at
74 a leased facility pursuant to s. 550.475 may move the location
75 for which the permit has been issued to another location within
76 a 30-mile radius of the location fixed in the permit issued in
77 that county, provided the move does not cross the county
78 boundary and such location is approved under the zoning
79 regulations of the county or municipality in which the permit is
80 located, and upon such relocation may use the permit for the
81 conduct of pari-mutuel wagering and the operation of a cardroom.
82 The provisions of s. 550.6305(9)(d) and (f) shall apply to any
83 permit converted under this subsection and shall continue to
84 apply to any permit which was previously included under and
85 subject to such provisions before a conversion pursuant to this
86 section occurred.
87 Section 5. Subsections (1) and (3) of section 550.0951,
88 Florida Statutes, are amended to read:
89 550.0951 Payment of daily license fee and taxes;
90 penalties.—
91 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
92 business of conducting horserace meets race meetings or jai alai
93 games under this chapter, hereinafter referred to as the
94 “permitholder,” “licensee,” or “permittee,” shall pay to the
95 division, for the use of the division, a daily license fee on
96 each live or simulcast pari-mutuel event of $100 for each
97 horserace and $80 for each dograce and $40 for each jai alai
98 game conducted at a racetrack or fronton licensed under this
99 chapter. In addition to the tax exemption specified in s.
100 550.09514(1) of $360,000 or $500,000 per greyhound permitholder
101 per state fiscal year, each greyhound permitholder shall receive
102 in the current state fiscal year a tax credit equal to the
103 number of live greyhound races conducted in the previous state
104 fiscal year times the daily license fee specified for each
105 dograce in this subsection applicable for the previous state
106 fiscal year. This tax credit and the exemption in s.
107 550.09514(1) shall be applicable to any tax imposed by this
108 chapter or the daily license fees imposed by this chapter except
109 during any charity or scholarship performances conducted
110 pursuant to s. 550.0351. Each permitholder shall pay daily
111 license fees not to exceed $500 per day on any simulcast races
112 or games on which such permitholder accepts wagers regardless of
113 the number of out-of-state events taken or the number of out-of
114 state locations from which such events are taken. This license
115 fee shall be deposited with the Chief Financial Officer to the
116 credit of the Pari-mutuel Wagering Trust Fund.
117 (b) Each permitholder that cannot utilize the full amount
118 of the exemption of $360,000 or $500,000 provided in s.
119 550.09514(1) or the daily license fee credit provided in this
120 section may, after notifying the division in writing, elect once
121 per state fiscal year on a form provided by the division to
122 transfer such exemption or credit or any portion thereof to any
123 greyhound permitholder which acts as a host track to such
124 permitholder for the purpose of intertrack wagering. Once an
125 election to transfer such exemption or credit is filed with the
126 division, it shall not be rescinded. The division shall
127 disapprove the transfer when the amount of the exemption or
128 credit or portion thereof is unavailable to the transferring
129 permitholder or when the permitholder who is entitled to
130 transfer the exemption or credit or who is entitled to receive
131 the exemption or credit owes taxes to the state pursuant to a
132 deficiency letter or administrative complaint issued by the
133 division. Upon approval of the transfer by the division, the
134 transferred tax exemption or credit shall be effective for the
135 first performance of the next payment period as specified in
136 subsection (5). The exemption or credit transferred to such host
137 track may be applied by such host track against any taxes
138 imposed by this chapter or daily license fees imposed by this
139 chapter. The greyhound permitholder host track to which such
140 exemption or credit is transferred shall reimburse such
141 permitholder the exact monetary value of such transferred
142 exemption or credit as actually applied against the taxes and
143 daily license fees of the host track. The division shall ensure
144 that all transfers of exemption or credit are made in accordance
145 with this subsection and shall have the authority to adopt rules
146 to ensure the implementation of this section.
147 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
148 contributions to pari-mutuel pools, the aggregate of which is
149 hereinafter referred to as “handle,” on races or games conducted
150 by the permitholder. The tax is imposed daily and is based on
151 the total contributions to all pari-mutuel pools conducted
152 during the daily performance. If a permitholder conducts more
153 than one performance daily, the tax is imposed on each
154 performance separately.
155 (a) The tax on handle for quarter horse racing is 1.0
156 percent of the handle.
157 (b)1. The tax on handle for dogracing is 1.28 5.5 percent
158 of the handle, except that for live charity performances held
159 pursuant to s. 550.0351, and for intertrack wagering on such
160 charity performances at a guest greyhound track within the
161 market area of the host, the tax is 7.6 percent of the handle.
162 2. The tax on handle for jai alai is 7.1 percent of the
163 handle.
164 (c)1. The tax on handle for intertrack wagering is 2.0
165 percent of the handle if the host track is a horse track, 3.3
166 percent if the host track is a harness track, 1.28 5.5 percent
167 if the host track is a dog track to be remitted by the guest
168 track, and 7.1 percent if the host track is a jai alai fronton.
169 The tax on handle for intertrack wagering is 0.5 percent if the
170 host track and the guest track are thoroughbred permitholders or
171 if the guest track is located outside the market area of a
172 nongreyhound the host track and within the market area of a
173 thoroughbred permitholder currently conducting a live race meet.
174 The tax on handle for intertrack wagering on rebroadcasts of
175 simulcast thoroughbred horseraces is 2.4 percent of the handle
176 and 1.5 percent of the handle for intertrack wagering on
177 rebroadcasts of simulcast harness horseraces. The tax shall be
178 deposited into the Pari-mutuel Wagering Trust Fund.
179 2. If the host facility is a jai alai permitholder, the tax
180 on handle for intertrack wagers is accepted by any dog track
181 located in an area of the state in which there are only three
182 permitholders, all of which are greyhound permitholders, located
183 in three contiguous counties, from any greyhound permitholder
184 also located within such area or any dog track or jai alai
185 fronton located as specified in s. 550.615(6) or (9), on races
186 or games received from the same class of permitholder located
187 within the same market area is 3.9 percent if the host facility
188 is a greyhound permitholder and, if the host facility is a jai
189 alai permitholder, the rate shall be 6.1 percent except that it
190 shall be 2.3 percent on handle at such time as the total tax on
191 intertrack handle paid to the division by the permitholder
192 during the current state fiscal year exceeds the total tax on
193 intertrack handle paid to the division by the permitholder
194 during the 1992-1993 state fiscal year.
195 (d) Notwithstanding any other provision of this chapter, in
196 order to protect the Florida jai alai industry, effective July
197 1, 2000, a jai alai permitholder may not be taxed on live handle
198 at a rate higher than 2 percent.
199 Section 6. Section 550.09514, Florida Statutes, is amended
200 to read:
201 550.09514 Greyhound dogracing taxes; purse requirements.—
202 (1) Wagering on greyhound racing is subject to a tax on
203 handle for live greyhound racing as specified in s. 550.0951(3).
204 However, each permitholder shall pay no tax on handle until such
205 time as this subsection has resulted in a tax savings per state
206 fiscal year of $360,000. Thereafter, each permitholder shall pay
207 the tax as specified in s. 550.0951(3) on all handle for the
208 remainder of the permitholder’s current race meet. For the three
209 permitholders that conducted a full schedule of live racing in
210 1995, and are closest to another state that authorizes greyhound
211 pari-mutuel wagering, the maximum tax savings per state fiscal
212 year shall be $500,000. The provisions of this subsection
213 relating to tax exemptions shall not apply to any charity or
214 scholarship performances conducted pursuant to s. 550.0351.
215 (1)(2)(a) The division shall determine for each greyhound
216 permitholder the annual purse percentage rate of live handle for
217 the state fiscal year 1993-1994 by dividing total purses paid on
218 live handle by the permitholder, exclusive of payments made from
219 outside sources, during the 1993-1994 state fiscal year by the
220 permitholder’s live handle for the 1993-1994 state fiscal year.
221 A greyhound Each permitholder conducting live racing during a
222 fiscal year shall pay as purses for such live races conducted
223 during its current race meet a percentage of its live handle not
224 less than the percentage determined under this paragraph,
225 exclusive of payments made by outside sources, for its 1993-1994
226 state fiscal year.
227 (b) Except as otherwise set forth herein, in addition to
228 the minimum purse percentage required by paragraph (a), each
229 greyhound permitholder conducting live racing during a fiscal
230 year shall pay as purses an annual amount of $60 for each live
231 race conducted equal to 75 percent of the daily license fees
232 paid by the greyhound each permitholder in for the preceding
233 1994-1995 fiscal year. This purse supplement shall be disbursed
234 weekly during the permitholder’s race meet in an amount
235 determined by dividing the annual purse supplement by the number
236 of performances approved for the permitholder pursuant to its
237 annual license and multiplying that amount by the number of
238 performances conducted each week. For the greyhound
239 permitholders in the county where there are two greyhound
240 permitholders located as specified in s. 550.615(6), such
241 permitholders shall pay in the aggregate an amount equal to 75
242 percent of the daily license fees paid by such permitholders for
243 the 1994-1995 fiscal year. These permitholders shall be jointly
244 and severally liable for such purse payments. The additional
245 purses provided by this paragraph must be used exclusively for
246 purses other than stakes and shall be disbursed weekly during
247 the permitholder’s race meet. The division shall conduct audits
248 necessary to ensure compliance with this section.
249 (c)1. Each greyhound permitholder, when conducting at least
250 three live performances during any week, shall pay purses in
251 that week on wagers it accepts as a guest track on intertrack
252 and simulcast greyhound races at the same rate as it pays on
253 live races. Each greyhound permitholder, when conducting at
254 least three live performances during any week, shall pay purses
255 in that week, at the same rate as it pays on live races, on
256 wagers accepted on greyhound races at a guest track which is not
257 conducting live racing and is located within the same market
258 area as the greyhound permitholder conducting at least three
259 live performances during any week.
260 2. Each host greyhound permitholder shall pay purses on its
261 simulcast and intertrack broadcasts of greyhound races to guest
262 facilities that are located outside its market area in an amount
263 equal to one quarter of an amount determined by subtracting the
264 transmission costs of sending the simulcast or intertrack
265 broadcasts from an amount determined by adding the fees received
266 for greyhound simulcast races plus 3 percent of the greyhound
267 intertrack handle at guest facilities that are located outside
268 the market area of the host and that paid contractual fees to
269 the host for such broadcasts of greyhound races.
270 (d) The division shall require sufficient documentation
271 from each greyhound permitholder regarding purses paid on live
272 racing to assure that the annual purse percentage rates paid by
273 each greyhound permitholder conducting on the live races are not
274 reduced below those paid during the 1993-1994 state fiscal year.
275 The division shall require sufficient documentation from each
276 greyhound permitholder conducting live races to assure that the
277 purses paid by each permitholder on the greyhound intertrack and
278 simulcast broadcasts are in compliance with the requirements of
279 paragraph (c).
280 (e) In addition to the purse requirements of paragraphs
281 (a)-(c), each greyhound permitholder conducting live races shall
282 pay as purses an amount equal to one-third of the amount of the
283 tax reduction on live and simulcast handle applicable to such
284 permitholder as a result of the reductions in tax rates provided
285 by s. 6 of chapter 2000-354, Laws of Florida this act through
286 the amendments to s. 550.0951(3). With respect to intertrack
287 wagering when the host and guest tracks are greyhound
288 permitholders not within the same market area, an amount equal
289 to the tax reduction applicable to the guest track handle as a
290 result of the reduction in tax rate provided by s. 6 of chapter
291 2000-354, Laws of Florida, this act through the amendment to s.
292 550.0951(3) shall be distributed to the guest track, one-third
293 of which amount shall be paid as purses at the guest track.
294 However, if the guest track is a greyhound permitholder within
295 the market area of the host or if the guest track is not a
296 greyhound permitholder, an amount equal to such tax reduction
297 applicable to the guest track handle shall be retained by the
298 host track, one-third of which amount shall be paid as purses at
299 the host track. These purse funds shall be disbursed in the week
300 received if the permitholder conducts at least one live
301 performance during that week. If the permitholder does not
302 conduct at least one live performance during the week in which
303 the purse funds are received, the purse funds shall be disbursed
304 weekly during the permitholder’s next race meet in an amount
305 determined by dividing the purse amount by the number of
306 performances approved for the permitholder pursuant to its
307 annual license, and multiplying that amount by the number of
308 performances conducted each week. The division shall conduct
309 audits necessary to ensure compliance with this paragraph.
310 (f) Each greyhound permitholder conducting live racing
311 shall, during the permitholder’s race meet, supply kennel
312 operators and the Division of Pari-Mutuel Wagering with a weekly
313 report showing purses paid on live greyhound races and all
314 greyhound intertrack and simulcast broadcasts, including both as
315 a guest and a host together with the handle or commission
316 calculations on which such purses were paid and the transmission
317 costs of sending the simulcast or intertrack broadcasts, so that
318 the kennel operators may determine statutory and contractual
319 compliance.
320 (g) Each greyhound permitholder conducting live racing
321 shall make direct payment of purses to the greyhound owners who
322 have filed with such permitholder appropriate federal taxpayer
323 identification information based on the percentage amount agreed
324 upon between the kennel operator and the greyhound owner.
325 (h) At the request of a majority of kennel operators under
326 contract with a greyhound permitholder conducting live racing,
327 the permitholder shall make deductions from purses paid to each
328 kennel operator electing such deduction and shall make a direct
329 payment of such deductions to the local association of greyhound
330 kennel operators formed by a majority of kennel operators under
331 contract with the permitholder. The amount of the deduction
332 shall be at least 1 percent of purses, as determined by the
333 local association of greyhound kennel operators. No Deductions
334 may not be taken pursuant to this paragraph without a kennel
335 operator’s specific approval before or after the effective date
336 of this act.
337 (2)(3) For the purpose of this section, the term “live
338 handle” means the handle from wagers placed at the
339 permitholder’s establishment on the live greyhound races
340 conducted at the permitholder’s establishment.
341 Section 7. Subsection (2) of section 550.1625, Florida
342 Statutes, is amended to read:
343 550.1625 Dogracing; taxes.—
344 (2) A permitholder that conducts a dograce meet under this
345 chapter must pay the daily license fee, the admission tax, the
346 breaks tax, and the tax on pari-mutuel handle as provided in s.
347 550.0951 and is subject to all penalties and sanctions provided
348 in s. 550.0951(6).
349 Section 8. Section 550.1647, Florida Statutes, is repealed.
350 Section 9. Section 550.1648, Florida Statutes, is amended
351 to read:
352 550.1648 Greyhound adoptions.—
353 (1) A Each dogracing permitholder conducting live racing at
354 operating a dogracing facility in this state shall provide for a
355 greyhound adoption booth to be located at the facility.
356 (1) The greyhound adoption booth must be operated on
357 weekends by personnel or volunteers from a bona fide
358 organization that promotes or encourages the adoption of
359 greyhounds pursuant to s. 550.1647. Such bona fide organization,
360 as a condition of adoption, must provide sterilization of
361 greyhounds by a licensed veterinarian before relinquishing
362 custody of the greyhound to the adopter. The fee for
363 sterilization may be included in the cost of adoption. As used
364 in this section, the term “weekend” includes the hours during
365 which live greyhound racing is conducted on Friday, Saturday, or
366 Sunday, and the term “bona fide organization that promotes or
367 encourages the adoption of greyhounds” means an organization
368 that provides evidence of compliance with chapter 496 and
369 possesses a valid exemption from federal taxation issued by the
370 Internal Revenue Service. Information pamphlets and application
371 forms shall be provided to the public upon request.
372 (2) In addition, The kennel operator or owner shall notify
373 the permitholder that a greyhound is available for adoption and
374 the permitholder shall provide information concerning the
375 adoption of a greyhound in each race program and shall post
376 adoption information at conspicuous locations throughout the
377 dogracing facility. Any greyhound that is participating in a
378 race and that will be available for future adoption must be
379 noted in the race program. The permitholder shall allow
380 greyhounds to be walked through the track facility to publicize
381 the greyhound adoption program.
382 (2) In addition to the charity days authorized under s.
383 550.0351, a greyhound permitholder may fund the greyhound
384 adoption program by holding a charity racing day designated as
385 “Greyhound Adopt-A-Pet Day.” All profits derived from the
386 operation of the charity day must be placed into a fund used to
387 support activities at the racing facility which promote the
388 adoption of greyhounds. The division may adopt rules for
389 administering the fund. Proceeds from the charity day authorized
390 in this subsection may not be used as a source of funds for the
391 purposes set forth in s. 550.1647.
392 (3)(a) Upon a violation of this section by a permitholder
393 or licensee, the division may impose a penalty as provided in s.
394 550.0251(10) and require the permitholder to take corrective
395 action.
396 (b) A penalty imposed under s. 550.0251(10) does not
397 exclude a prosecution for cruelty to animals or for any other
398 criminal act.
399 Section 10. Paragraph (a) of subsection (6) of section
400 550.3551, Florida Statutes, is amended to read:
401 550.3551 Transmission of racing and jai alai information;
402 commingling of pari-mutuel pools.—
403 (6)(a) A maximum of 20 percent of the total number of races
404 on which wagers are accepted by a greyhound permitholder not
405 located as specified in s. 550.615(6) may be received from
406 locations outside this state. A horseracing or a jai alai
407 permitholder may not conduct fewer than eight live races or
408 games on any authorized race day except as provided in this
409 subsection. A thoroughbred permitholder may not conduct fewer
410 than eight live races on any race day without the written
411 approval of the Florida Thoroughbred Breeders’ Association and
412 the Florida Horsemen’s Benevolent and Protective Association,
413 Inc., unless it is determined by the department that another
414 entity represents a majority of the thoroughbred racehorse
415 owners and trainers in the state. A harness permitholder may
416 conduct fewer than eight live races on any authorized race day,
417 except that such permitholder must conduct a full schedule of
418 live racing during its race meet consisting of at least eight
419 live races per authorized race day for at least 100 days. Any
420 harness horse permitholder that during the preceding racing
421 season conducted a full schedule of live racing may, at any time
422 during its current race meet, receive full-card broadcasts of
423 harness horse races conducted at harness racetracks outside this
424 state at the harness track of the permitholder and accept wagers
425 on such harness races. With specific authorization from the
426 division for special racing events, a permitholder may conduct
427 fewer than eight live races or games when the permitholder also
428 broadcasts out-of-state races or games. The division may not
429 grant more than two such exceptions a year for a permitholder in
430 any 12-month period, and those two exceptions may not be
431 consecutive.
432 Section 11. A new subsection (11) is added to section
433 550.615, Florida Statutes, to read:
434 550.615 Intertrack wagering.—
435 (11) A greyhound permitholder operating pursuant to a
436 current year’s operating license that specifies no live
437 performances is qualified to accept wagers on live races
438 conducted at out-of-state greyhound tracks only on the days when
439 such permitholder receives a live race that a greyhound host
440 track in this state makes available.
441 Section 12. Paragraph (g) of subsection (9) of section
442 550.6305, Florida Statutes, is amended to read:
443 550.6305 Intertrack wagering; guest track payments;
444 accounting rules.—
445 (9) A host track that has contracted with an out-of-state
446 horse track to broadcast live races conducted at such out-of
447 state horse track pursuant to s. 550.3551(5) may broadcast such
448 out-of-state races to any guest track and accept wagers thereon
449 in the same manner as is provided in s. 550.3551.
450 (g)1. Any thoroughbred permitholder which accepts wagers on
451 a simulcast signal must make the signal available to any
452 permitholder that is eligible to conduct intertrack wagering
453 under the provisions of ss. 550.615-550.6345.
454 2. Any thoroughbred permitholder which accepts wagers on a
455 simulcast signal received after 6 p.m. must make such signal
456 available to any permitholder that is eligible to conduct
457 intertrack wagering under the provisions of ss. 550.615
458 550.6345, including any permitholder located as specified in s.
459 550.615(6). Such guest permitholders are authorized to accept
460 wagers on such simulcast signal, notwithstanding any other
461 provision of this chapter to the contrary.
462 3. Any thoroughbred permitholder which accepts wagers on a
463 simulcast signal received after 6 p.m. must make such signal
464 available to any permitholder that is eligible to conduct
465 intertrack wagering under the provisions of ss. 550.615
466 550.6345, including any permitholder located as specified in s.
467 550.615(9). Such guest permitholders are authorized to accept
468 wagers on such simulcast signals for a number of performances
469 not to exceed that which constitutes a full schedule of live
470 races for a quarter horse permitholder pursuant to s.
471 550.002(11), notwithstanding any other provision of this chapter
472 to the contrary, except that the restrictions provided in s.
473 550.615(9)(a) apply to wagers on such simulcast signals.
474
475 No thoroughbred permitholder shall be required to continue to
476 rebroadcast a simulcast signal to any in-state permitholder if
477 the average per performance gross receipts returned to the host
478 permitholder over the preceding 30-day period were less than
479 $100. Subject to the provisions of s. 550.615(4), as a condition
480 of receiving rebroadcasts of thoroughbred simulcast signals
481 under this paragraph, a guest permitholder must accept
482 intertrack wagers on all live races conducted by all then
483 operating thoroughbred permitholders.
484 Section 13. Paragraph (c) of subsection (4) of section
485 551.104, Florida Statutes, is amended to read:
486 551.104 License to conduct slot machine gaming.—
487 (4) As a condition of licensure and to maintain continued
488 authority for the conduct of slot machine gaming, the slot
489 machine licensee shall:
490 (c) Conduct no fewer than a full schedule of live racing or
491 games as defined in s. 550.002(11). A permitholder’s
492 responsibility to conduct such number of live races or games
493 shall be reduced by the number of races or games that could not
494 be conducted due to the direct result of fire, war, hurricane,
495 or other disaster or event beyond the control of the
496 permitholder. The live racing requirement in this paragraph does
497 not apply to a greyhound permitholder operating pursuant to a
498 current year’s operating license issued by the division.
499 Section 14. Subsections (2) and (4) of section 551.114,
500 Florida Statutes, are amended to read:
501 551.114 Slot machine gaming areas.—
502 (2) The slot machine licensee shall display pari-mutuel
503 races or games within the designated slot machine gaming areas
504 and offer patrons within the designated slot machine gaming
505 areas the ability to engage in pari-mutuel wagering on any live,
506 intertrack, and simulcast races conducted or offered to patrons
507 of the licensed facility.
508 (4) Designated slot machine gaming areas may be located
509 within the current live gaming facility or in an existing
510 building that must be contiguous and connected to the live
511 gaming facility. If a designated slot machine gaming area is to
512 be located in a building that is to be constructed, that new
513 building must be contiguous and connected to the live gaming
514 facility. For a greyhound permitholder authorized to conduct
515 pari-mutuel gaming activities pursuant to a current year’s
516 operating license that specifies no live performances,
517 designated slot machine gaming areas may be located only within
518 the eligible facility for which the division issued the initial
519 annual slot machine license.
520 Section 15. Paragraphs (a) and (b) of subsection (5) and
521 paragraph (d) of subsection (13) of section 849.086, Florida
522 Statutes, are amended to read:
523 849.086 Cardrooms authorized.—
524 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
525 operate a cardroom in this state unless such person holds a
526 valid cardroom license issued pursuant to this section.
527 (a) Only those persons holding a valid cardroom license
528 issued by the division may operate a cardroom. A cardroom
529 license may only be issued to a licensed pari-mutuel
530 permitholder. and An authorized cardroom may only be operated at
531 the same facility at which the permitholder is authorized under
532 its valid pari-mutuel wagering permit to conduct pari-mutuel
533 wagering activities. An initial cardroom license shall be issued
534 to a pari-mutuel permitholder only after its facilities are in
535 place and after it conducts its first day of live racing or
536 games or, for a greyhound permitholder, only after it has
537 conducted a full schedule of live racing in each of the
538 preceding 10 years or after it was converted pursuant to s.
539 550.054(14).
540 (b) After the initial cardroom license is granted, the
541 application for the annual license renewal shall be made in
542 conjunction with the applicant’s annual application for its
543 pari-mutuel license. If a permitholder has operated a cardroom
544 during any of the 3 previous fiscal years and fails to include a
545 renewal request for the operation of the cardroom in its annual
546 application for license renewal, the permitholder may amend its
547 annual application to include operation of the cardroom. In
548 order for a cardroom license to be renewed the applicant must
549 have requested, as part of its pari-mutuel annual license
550 application, to conduct at least 90 percent of the total number
551 of live performances conducted by such permitholder during
552 either the state fiscal year in which its initial cardroom
553 license was issued or the state fiscal year immediately prior
554 thereto if the permitholder ran at least a full schedule of live
555 racing or games in the prior year. If the application is for a
556 harness permitholder cardroom, the applicant must have requested
557 authorization to conduct a minimum of 140 live performances
558 during the state fiscal year immediately prior thereto. If more
559 than one permitholder is operating at a facility, each
560 permitholder must have applied for a license to conduct a full
561 schedule of live racing. Notwithstanding the full schedule of
562 live racing requirements in this paragraph, the division may
563 approve an annual cardroom license renewal for a greyhound
564 permitholder authorized to conduct pari-mutuel gaming activities
565 pursuant to a current year’s operating license that specifies no
566 live performances, provided that such greyhound permitholder
567 must conduct intertrack wagering on greyhound signals, to the
568 extent available, on each day of cardroom operation.
569 (13) TAXES AND OTHER PAYMENTS.—
570 (d)1. Each greyhound permitholder conducting live racing
571 and jai alai permitholder that operates a cardroom facility
572 shall use at least 4 percent of such permitholder’s cardroom
573 monthly gross receipts to supplement greyhound purses, if any,
574 or jai alai prize money, respectively, during the permitholder’s
575 current or next ensuing pari-mutuel meet.
576 2. Each thoroughbred and harness horse racing permitholder
577 that operates a cardroom facility shall use at least 50 percent
578 of such permitholder’s cardroom monthly net proceeds as follows:
579 47 percent to supplement purses and 3 percent to supplement
580 breeders’ awards during the permitholder’s next ensuing racing
581 meet.
582 3. A No cardroom license or renewal thereof may not shall
583 be issued to an applicant holding a permit under chapter 550 to
584 conduct pari-mutuel wagering meets of quarter horse racing
585 unless the applicant has on file with the division a binding
586 written agreement between the applicant and the Florida Quarter
587 Horse Racing Association or the association representing a
588 majority of the horse owners and trainers at the applicant’s
589 eligible facility, governing the payment of purses on live
590 quarter horse races conducted at the licensee’s pari-mutuel
591 facility. The agreement governing purses may direct the payment
592 of such purses from revenues generated by any wagering or gaming
593 the applicant is authorized to conduct under Florida law. All
594 purses shall be subject to the terms of chapter 550.
595
596 ================= T I T L E A M E N D M E N T ================
597 And the title is amended as follows:
598 Delete line 11
599 and insert:
600 false statements on an injury form; amending s.
601 550.01215, F.S.; authorizing a certain greyhound
602 permitholder to specify in its annual license
603 application that it does not intend to conduct live
604 performances; extending the date by which a certain
605 greyhound permitholder may amend its license; amending
606 s. 550.0351, F.S.; deleting the requirement that the
607 Division of Pari-mutuel Wagering authorize a dogracing
608 permitholder to conduct charity or scholarship days;
609 removing the authority of a dogracing permitholder to
610 use its facility for “hound dog derbies” or “mutt
611 derbies”; amending s. 550.054, F.S.; requiring a
612 holder of a permit that was converted from jai alai to
613 greyhound to apply for and conduct a full schedule of
614 live racing in the first year following conversion;
615 amending s. 550.0951, F.S.; removing the requirement
616 that a greyhound permitholder pay a daily license fee
617 on each event; removing a requirement that a greyhound
618 permitholder receive a certain tax credit; removing
619 the authority of a greyhound permitholder to elect to
620 transfer certain exemptions or credits; reducing the
621 tax on handle for dogracing; conforming provisions to
622 changes made by the act; reducing the tax rate on
623 handle, and specifying one tax rate on handle, for
624 intertrack wagering if the host track is a dog track;
625 amending s. 550.09514, F.S.; removing certain
626 provisions that prohibit tax on handle until a
627 specified amount of tax savings have resulted;
628 revising purse requirements of a greyhound
629 permitholder that conducts live racing; amending s.
630 550.1625, F.S.; removing the requirement that a
631 greyhound permitholder pay the daily license fee or
632 the breaks tax; repealing s. 550.1647, F.S., relating
633 to greyhound permitholders, unclaimed tickets, and
634 breaks; amending s. 550.1648, F.S.; requiring a
635 greyhound permitholder that conducts live racing to
636 provide a greyhound adoption booth at its facility;
637 conforming a cross-reference to changes made by the
638 act; defining the term “bona fide organization that
639 promotes or encourages the adoption of greyhounds”;
640 requiring sterilization of greyhounds before adoption;
641 removing provisions relating to charity racing days;
642 amending s. 550.3551, F.S.; removing a provision that
643 limits the number of out-of-state races on which
644 wagers are accepted by a greyhound permitholder;
645 removing a greyhound permitholder from a live racing
646 requirement; amending s. 550.615, F.S.; limiting
647 intertrack wagering for certain greyhound
648 permitholders to specified days; amending s. 550.6305,
649 F.S.; clarifying cross-references; amending s.
650 551.104, F.S.; specifying that the live racing
651 requirement to receive a license to conduct slot
652 machine gaming does not apply to certain greyhound
653 permitholders; amending s. 551.114, F.S.; authorizing
654 certain greyhound permitholders to locate their slot
655 machine gaming area in certain locations; amending s.
656 849.086, F.S.; specifying conditions under which a
657 greyhound permitholder may receive an initial cardroom
658 license; specifying that certain greyhound
659 permitholders are not required to conduct a minimum
660 number of live races in order to maintain or renew a
661 cardroom license; requiring certain greyhound
662 permitholders to conduct intertrack wagering on
663 greyhound signals to operate a cardroom;
664 providing an