Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 742
Ì576668`Î576668
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/09/2014 .
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1 Senate Amendment (with title amendment)
2
3 Between lines 50 and 51
4 insert:
5 Section 2. Subsection (11) of section 550.002, Florida
6 Statutes, is amended to read:
7 550.002 Definitions.—As used in this chapter, the term:
8 (11) “Full schedule of live racing or games” means, for a
9 greyhound or jai alai permitholder, the conduct of a combination
10 of at least 100 live evening or matinee performances during the
11 preceding year; for a permitholder who has a converted permit or
12 filed an application on or before June 1, 1990, for a converted
13 permit, the conduct of a combination of at least 100 live
14 evening and matinee wagering performances during either of the 2
15 preceding years; for a jai alai permitholder who does not
16 operate slot machines in its pari-mutuel facility, who has
17 conducted at least 100 live performances per year for at least
18 10 years after December 31, 1992, and whose handle on live jai
19 alai games conducted at its pari-mutuel facility has been less
20 than $4 million per state fiscal year for at least 2 consecutive
21 years after June 30, 1992, the conduct of a combination of at
22 least 40 live evening or matinee performances during the
23 preceding year; for a jai alai permitholder who operates slot
24 machines in its pari-mutuel facility, the conduct of a
25 combination of at least 150 performances during the preceding
26 year; for a harness permitholder, the conduct of at least 100
27 live regular wagering performances during the preceding year;
28 for a quarter horse permitholder at its facility unless an
29 alternative schedule of at least 20 live regular wagering
30 performances is agreed upon by the permitholder and either the
31 Florida Quarter Horse Racing Association or the horsemen’s
32 association representing the majority of the quarter horse
33 owners and trainers at the facility and filed with the division
34 along with its annual date application, in the 2010-2011 fiscal
35 year, the conduct of at least 20 regular wagering performances,
36 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
37 least 30 live regular wagering performances, and for every
38 fiscal year after the 2012-2013 fiscal year, the conduct of at
39 least 40 live regular wagering performances; for a quarter horse
40 permitholder leasing another licensed racetrack, the conduct of
41 160 events at the leased facility; and for a thoroughbred
42 permitholder, the conduct of at least 40 live regular wagering
43 performances during the preceding year. For a permitholder which
44 is restricted by statute to certain operating periods within the
45 year when other members of its same class of permit are
46 authorized to operate throughout the year, the specified number
47 of live performances which constitute a full schedule of live
48 racing or games shall be adjusted pro rata in accordance with
49 the relationship between its authorized operating period and the
50 full calendar year and the resulting specified number of live
51 performances shall constitute the full schedule of live games
52 for such permitholder and all other permitholders of the same
53 class within 100 air miles of such permitholder. A live
54 performance must consist of no fewer than eight races or games
55 conducted live for each of a minimum of three performances each
56 week at the permitholder’s licensed facility under a single
57 admission charge. Beginning in the 2014-2015 fiscal year, a
58 greyhound permitholder is not required to conduct a minimum
59 number of live performances.
60 Section 3. Subsection (1) of section 550.01215, Florida
61 Statutes, is amended to read:
62 550.01215 License application; periods of operation; bond,
63 conversion of permit.—
64 (1) Each permitholder shall annually, during the period
65 between December 15 and January 4, file in writing with the
66 division its application for a license to conduct performances,
67 if any, during the next state fiscal year. Each application
68 shall specify the number, dates, and starting times of all
69 performances which the permitholder intends to conduct. It shall
70 also specify which performances will be conducted as charity or
71 scholarship performances. In addition, each application for a
72 license shall include, for each permitholder which elects to
73 operate a cardroom, the dates and periods of operation the
74 permitholder intends to operate the cardroom or, for each
75 thoroughbred permitholder which elects to receive or rebroadcast
76 out-of-state races after 7 p.m., the dates for all performances
77 which the permitholder intends to conduct. Permitholders may
78 shall be entitled to amend their applications through February
79 28 except that, for licenses for the 2014-2015 fiscal year, a
80 greyhound permitholder may amend or relinquish such license
81 through August 31, 2014.
82 Section 4. Subsections (1), (7), and (8) of section
83 550.0351, Florida Statutes, are amended to read:
84 550.0351 Charity racing days.—
85 (1) The division shall, upon the request of a permitholder,
86 authorize each horseracing permitholder, dogracing permitholder,
87 and jai alai permitholder up to five charity or scholarship days
88 in addition to the regular racing days authorized by law.
89 (7) In addition to the charity days authorized by this
90 section, any dogracing permitholder may allow its facility to be
91 used for conducting “hound dog derbies” or “mutt derbies” on any
92 day during each racing season by any charitable, civic, or
93 nonprofit organization for the purpose of conducting “hound dog
94 derbies” or “mutt derbies” if only dogs other than those usually
95 used in dogracing (greyhounds) are permitted to race and if
96 adults and minors are allowed to participate as dog owners or
97 spectators. During these racing events, betting, gambling, and
98 the sale or use of alcoholic beverages is prohibited.
99 (7)(8) In addition to the eligible charities that meet the
100 criteria set forth in this section, a jai alai permitholder is
101 authorized to conduct two additional charity performances each
102 fiscal year for a fund to benefit retired jai alai players. This
103 performance shall be known as the “Retired Jai Alai Players
104 Charity Day.” The administration of this fund shall be
105 determined by rule by the division.
106 Section 5. Paragraph (b) of subsection (14) of section
107 550.054, Florida Statutes, is amended to read:
108 550.054 Application for permit to conduct pari-mutuel
109 wagering.—
110 (14)
111 (b) The division, upon application from the holder of a jai
112 alai permit meeting all conditions of this section, shall
113 convert the permit and shall issue to the permitholder a permit
114 to conduct greyhound racing. A permitholder of a permit
115 converted under this section shall be required to apply for and
116 conduct a full schedule of live racing each fiscal year to be
117 eligible for any tax credit provided by this chapter. The holder
118 of a permit converted pursuant to this subsection or any holder
119 of a permit to conduct greyhound racing located in a county in
120 which it is the only permit issued pursuant to this section who
121 operates at a leased facility pursuant to s. 550.475 may move
122 the location for which the permit has been issued to another
123 location within a 30-mile radius of the location fixed in the
124 permit issued in that county, provided the move does not cross
125 the county boundary and such location is approved under the
126 zoning regulations of the county or municipality in which the
127 permit is located, and upon such relocation may use the permit
128 for the conduct of pari-mutuel wagering and the operation of a
129 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
130 apply to any permit converted under this subsection and shall
131 continue to apply to any permit which was previously included
132 under and subject to such provisions before a conversion
133 pursuant to this section occurred.
134 Section 6. Subsections (1) and (3) of section 550.0951,
135 Florida Statutes, are amended to read:
136 550.0951 Payment of daily license fee and taxes;
137 penalties.—
138 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
139 business of conducting horserace meets race meetings or jai alai
140 games under this chapter, hereinafter referred to as the
141 “permitholder,” “licensee,” or “permittee,” shall pay to the
142 division, for the use of the division, a daily license fee on
143 each live or simulcast pari-mutuel event of $100 for each
144 horserace and $80 for each dograce and $40 for each jai alai
145 game conducted at a racetrack or fronton licensed under this
146 chapter. In addition to the tax exemption specified in s.
147 550.09514(1) of $360,000 or $500,000 per greyhound permitholder
148 per state fiscal year, each greyhound permitholder shall receive
149 in the current state fiscal year a tax credit equal to the
150 number of live greyhound races conducted in the previous state
151 fiscal year times the daily license fee specified for each
152 dograce in this subsection applicable for the previous state
153 fiscal year. This tax credit and the exemption in s.
154 550.09514(1) shall be applicable to any tax imposed by this
155 chapter or the daily license fees imposed by this chapter except
156 during any charity or scholarship performances conducted
157 pursuant to s. 550.0351. Each permitholder shall pay daily
158 license fees not to exceed $500 per day on any simulcast races
159 or games on which such permitholder accepts wagers regardless of
160 the number of out-of-state events taken or the number of out-of
161 state locations from which such events are taken. This license
162 fee shall be deposited with the Chief Financial Officer to the
163 credit of the Pari-mutuel Wagering Trust Fund.
164 (b) Each permitholder that cannot utilize the full amount
165 of the exemption of $360,000 or $500,000 provided in s.
166 550.09514(1) or the daily license fee credit provided in this
167 section may, after notifying the division in writing, elect once
168 per state fiscal year on a form provided by the division to
169 transfer such exemption or credit or any portion thereof to any
170 greyhound permitholder which acts as a host track to such
171 permitholder for the purpose of intertrack wagering. Once an
172 election to transfer such exemption or credit is filed with the
173 division, it shall not be rescinded. The division shall
174 disapprove the transfer when the amount of the exemption or
175 credit or portion thereof is unavailable to the transferring
176 permitholder or when the permitholder who is entitled to
177 transfer the exemption or credit or who is entitled to receive
178 the exemption or credit owes taxes to the state pursuant to a
179 deficiency letter or administrative complaint issued by the
180 division. Upon approval of the transfer by the division, the
181 transferred tax exemption or credit shall be effective for the
182 first performance of the next payment period as specified in
183 subsection (5). The exemption or credit transferred to such host
184 track may be applied by such host track against any taxes
185 imposed by this chapter or daily license fees imposed by this
186 chapter. The greyhound permitholder host track to which such
187 exemption or credit is transferred shall reimburse such
188 permitholder the exact monetary value of such transferred
189 exemption or credit as actually applied against the taxes and
190 daily license fees of the host track. The division shall ensure
191 that all transfers of exemption or credit are made in accordance
192 with this subsection and shall have the authority to adopt rules
193 to ensure the implementation of this section.
194 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
195 contributions to pari-mutuel pools, the aggregate of which is
196 hereinafter referred to as “handle,” on races or games conducted
197 by the permitholder. The tax is imposed daily and is based on
198 the total contributions to all pari-mutuel pools conducted
199 during the daily performance. If a permitholder conducts more
200 than one performance daily, the tax is imposed on each
201 performance separately.
202 (a) The tax on handle for quarter horse racing is 1.0
203 percent of the handle.
204 (b)1. The tax on handle for dogracing is 1.28 5.5 percent
205 of the handle, except that for live charity performances held
206 pursuant to s. 550.0351, and for intertrack wagering on such
207 charity performances at a guest greyhound track within the
208 market area of the host, the tax is 7.6 percent of the handle.
209 2. The tax on handle for jai alai is 7.1 percent of the
210 handle.
211 (c)1. The tax on handle for intertrack wagering is 2.0
212 percent of the handle if the host track is a horse track, 3.3
213 percent if the host track is a harness track, 1.28 5.5 percent
214 if the host track is a dog track to be remitted by the guest
215 track, and 7.1 percent if the host track is a jai alai fronton.
216 The tax on handle for intertrack wagering is 0.5 percent if the
217 host track and the guest track are thoroughbred permitholders or
218 if the guest track is located outside the market area of a
219 nongreyhound the host track and within the market area of a
220 thoroughbred permitholder currently conducting a live race meet.
221 The tax on handle for intertrack wagering on rebroadcasts of
222 simulcast thoroughbred horseraces is 2.4 percent of the handle
223 and 1.5 percent of the handle for intertrack wagering on
224 rebroadcasts of simulcast harness horseraces. The tax shall be
225 deposited into the Pari-mutuel Wagering Trust Fund.
226 2. If the host facility is a jai alai permitholder, the tax
227 on handle for intertrack wagers is accepted by any dog track
228 located in an area of the state in which there are only three
229 permitholders, all of which are greyhound permitholders, located
230 in three contiguous counties, from any greyhound permitholder
231 also located within such area or any dog track or jai alai
232 fronton located as specified in s. 550.615(6) or (9), on races
233 or games received from the same class of permitholder located
234 within the same market area is 3.9 percent if the host facility
235 is a greyhound permitholder and, if the host facility is a jai
236 alai permitholder, the rate shall be 6.1 percent except that it
237 shall be 2.3 percent on handle at such time as the total tax on
238 intertrack handle paid to the division by the permitholder
239 during the current state fiscal year exceeds the total tax on
240 intertrack handle paid to the division by the permitholder
241 during the 1992-1993 state fiscal year.
242 (d) Notwithstanding any other provision of this chapter, in
243 order to protect the Florida jai alai industry, effective July
244 1, 2000, a jai alai permitholder may not be taxed on live handle
245 at a rate higher than 2 percent.
246 Section 7. Section 550.09514, Florida Statutes, is amended
247 to read:
248 550.09514 Greyhound dogracing taxes; purse requirements.—
249 (1) Wagering on greyhound racing is subject to a tax on
250 handle for live greyhound racing as specified in s. 550.0951(3).
251 However, each permitholder shall pay no tax on handle until such
252 time as this subsection has resulted in a tax savings per state
253 fiscal year of $360,000. Thereafter, each permitholder shall pay
254 the tax as specified in s. 550.0951(3) on all handle for the
255 remainder of the permitholder’s current race meet. For the three
256 permitholders that conducted a full schedule of live racing in
257 1995, and are closest to another state that authorizes greyhound
258 pari-mutuel wagering, the maximum tax savings per state fiscal
259 year shall be $500,000. The provisions of this subsection
260 relating to tax exemptions shall not apply to any charity or
261 scholarship performances conducted pursuant to s. 550.0351.
262 (1)(2)(a) The division shall determine for each greyhound
263 permitholder the annual purse percentage rate of live handle for
264 the state fiscal year 1993-1994 by dividing total purses paid on
265 live handle by the permitholder, exclusive of payments made from
266 outside sources, during the 1993-1994 state fiscal year by the
267 permitholder’s live handle for the 1993-1994 state fiscal year.
268 A greyhound Each permitholder conducting live racing during a
269 fiscal year shall pay as purses for such live races conducted
270 during its current race meet a percentage of its live handle not
271 less than the percentage determined under this paragraph,
272 exclusive of payments made by outside sources, for its 1993-1994
273 state fiscal year.
274 (b) Except as otherwise set forth herein, in addition to
275 the minimum purse percentage required by paragraph (a), each
276 greyhound permitholder conducting live racing during a fiscal
277 year shall pay as purses an annual amount of $60 for each live
278 race conducted equal to 75 percent of the daily license fees
279 paid by the greyhound each permitholder in for the preceding
280 1994-1995 fiscal year. This purse supplement shall be disbursed
281 weekly during the permitholder’s race meet in an amount
282 determined by dividing the annual purse supplement by the number
283 of performances approved for the permitholder pursuant to its
284 annual license and multiplying that amount by the number of
285 performances conducted each week. For the greyhound
286 permitholders in the county where there are two greyhound
287 permitholders located as specified in s. 550.615(6), such
288 permitholders shall pay in the aggregate an amount equal to 75
289 percent of the daily license fees paid by such permitholders for
290 the 1994-1995 fiscal year. These permitholders shall be jointly
291 and severally liable for such purse payments. The additional
292 purses provided by this paragraph must be used exclusively for
293 purses other than stakes and shall be disbursed weekly during
294 the permitholder’s race meet. The division shall conduct audits
295 necessary to ensure compliance with this section.
296 (c)1. Each greyhound permitholder, when conducting at least
297 three live performances during any week, shall pay purses in
298 that week on wagers it accepts as a guest track on intertrack
299 and simulcast greyhound races at the same rate as it pays on
300 live races. Each greyhound permitholder, when conducting at
301 least three live performances during any week, shall pay purses
302 in that week, at the same rate as it pays on live races, on
303 wagers accepted on greyhound races at a guest track which is not
304 conducting live racing and is located within the same market
305 area as the greyhound permitholder conducting at least three
306 live performances during any week.
307 2. Each host greyhound permitholder shall pay purses on its
308 simulcast and intertrack broadcasts of greyhound races to guest
309 facilities that are located outside its market area in an amount
310 equal to one quarter of an amount determined by subtracting the
311 transmission costs of sending the simulcast or intertrack
312 broadcasts from an amount determined by adding the fees received
313 for greyhound simulcast races plus 3 percent of the greyhound
314 intertrack handle at guest facilities that are located outside
315 the market area of the host and that paid contractual fees to
316 the host for such broadcasts of greyhound races.
317 (d) The division shall require sufficient documentation
318 from each greyhound permitholder regarding purses paid on live
319 racing to assure that the annual purse percentage rates paid by
320 each greyhound permitholder conducting on the live races are not
321 reduced below those paid during the 1993-1994 state fiscal year.
322 The division shall require sufficient documentation from each
323 greyhound permitholder conducting live races to assure that the
324 purses paid by each permitholder on the greyhound intertrack and
325 simulcast broadcasts are in compliance with the requirements of
326 paragraph (c).
327 (e) In addition to the purse requirements of paragraphs
328 (a)-(c), each greyhound permitholder conducting live races shall
329 pay as purses an amount equal to one-third of the amount of the
330 tax reduction on live and simulcast handle applicable to such
331 permitholder as a result of the reductions in tax rates provided
332 by s. 6 of chapter 2000-354, Laws of Florida this act through
333 the amendments to s. 550.0951(3). With respect to intertrack
334 wagering when the host and guest tracks are greyhound
335 permitholders not within the same market area, an amount equal
336 to the tax reduction applicable to the guest track handle as a
337 result of the reduction in tax rate provided by s. 6 of chapter
338 2000-354, Laws of Florida, this act through the amendment to s.
339 550.0951(3) shall be distributed to the guest track, one-third
340 of which amount shall be paid as purses at the guest track.
341 However, if the guest track is a greyhound permitholder within
342 the market area of the host or if the guest track is not a
343 greyhound permitholder, an amount equal to such tax reduction
344 applicable to the guest track handle shall be retained by the
345 host track, one-third of which amount shall be paid as purses at
346 the host track. These purse funds shall be disbursed in the week
347 received if the permitholder conducts at least one live
348 performance during that week. If the permitholder does not
349 conduct at least one live performance during the week in which
350 the purse funds are received, the purse funds shall be disbursed
351 weekly during the permitholder’s next race meet in an amount
352 determined by dividing the purse amount by the number of
353 performances approved for the permitholder pursuant to its
354 annual license, and multiplying that amount by the number of
355 performances conducted each week. The division shall conduct
356 audits necessary to ensure compliance with this paragraph.
357 (f) Each greyhound permitholder conducting live racing
358 shall, during the permitholder’s race meet, supply kennel
359 operators and the Division of Pari-Mutuel Wagering with a weekly
360 report showing purses paid on live greyhound races and all
361 greyhound intertrack and simulcast broadcasts, including both as
362 a guest and a host together with the handle or commission
363 calculations on which such purses were paid and the transmission
364 costs of sending the simulcast or intertrack broadcasts, so that
365 the kennel operators may determine statutory and contractual
366 compliance.
367 (g) Each greyhound permitholder conducting live racing
368 shall make direct payment of purses to the greyhound owners who
369 have filed with such permitholder appropriate federal taxpayer
370 identification information based on the percentage amount agreed
371 upon between the kennel operator and the greyhound owner.
372 (h) At the request of a majority of kennel operators under
373 contract with a greyhound permitholder conducting live racing,
374 the permitholder shall make deductions from purses paid to each
375 kennel operator electing such deduction and shall make a direct
376 payment of such deductions to the local association of greyhound
377 kennel operators formed by a majority of kennel operators under
378 contract with the permitholder. The amount of the deduction
379 shall be at least 1 percent of purses, as determined by the
380 local association of greyhound kennel operators. No Deductions
381 may not be taken pursuant to this paragraph without a kennel
382 operator’s specific approval before or after the effective date
383 of this act.
384 (2)(3) For the purpose of this section, the term “live
385 handle” means the handle from wagers placed at the
386 permitholder’s establishment on the live greyhound races
387 conducted at the permitholder’s establishment.
388 Section 8. Subsection (2) of section 550.1625, Florida
389 Statutes, is amended to read:
390 550.1625 Dogracing; taxes.—
391 (2) A permitholder that conducts a dograce meet under this
392 chapter must pay the daily license fee, the admission tax, the
393 breaks tax, and the tax on pari-mutuel handle as provided in s.
394 550.0951 and is subject to all penalties and sanctions provided
395 in s. 550.0951(6).
396 Section 9. Section 550.1647, Florida Statutes, is repealed.
397 Section 10. Section 550.1648, Florida Statutes, is amended
398 to read:
399 550.1648 Greyhound adoptions.—
400 (1) A Each dogracing permitholder conducting live racing at
401 operating a dogracing facility in this state shall provide for a
402 greyhound adoption booth to be located at the facility.
403 (1) The greyhound adoption booth must be operated on
404 weekends by personnel or volunteers from a bona fide
405 organization that promotes or encourages the adoption of
406 greyhounds pursuant to s. 550.1647. Such bona fide organization,
407 as a condition of adoption, must provide sterilization of
408 greyhounds by a licensed veterinarian before relinquishing
409 custody of the greyhound to the adopter. The fee for
410 sterilization may be included in the cost of adoption. As used
411 in this section, the term “weekend” includes the hours during
412 which live greyhound racing is conducted on Friday, Saturday, or
413 Sunday, and the term “bona fide organization that promotes or
414 encourages the adoption of greyhounds” means an organization
415 that provides evidence of compliance with chapter 496 and
416 possesses a valid exemption from federal taxation issued by the
417 Internal Revenue Service. Information pamphlets and application
418 forms shall be provided to the public upon request.
419 (2) In addition, The kennel operator or owner shall notify
420 the permitholder that a greyhound is available for adoption and
421 the permitholder shall provide information concerning the
422 adoption of a greyhound in each race program and shall post
423 adoption information at conspicuous locations throughout the
424 dogracing facility. Any greyhound that is participating in a
425 race and that will be available for future adoption must be
426 noted in the race program. The permitholder shall allow
427 greyhounds to be walked through the track facility to publicize
428 the greyhound adoption program.
429 (2) In addition to the charity days authorized under s.
430 550.0351, a greyhound permitholder may fund the greyhound
431 adoption program by holding a charity racing day designated as
432 “Greyhound Adopt-A-Pet Day.” All profits derived from the
433 operation of the charity day must be placed into a fund used to
434 support activities at the racing facility which promote the
435 adoption of greyhounds. The division may adopt rules for
436 administering the fund. Proceeds from the charity day authorized
437 in this subsection may not be used as a source of funds for the
438 purposes set forth in s. 550.1647.
439 (3)(a) Upon a violation of this section by a permitholder
440 or licensee, the division may impose a penalty as provided in s.
441 550.0251(10) and require the permitholder to take corrective
442 action.
443 (b) A penalty imposed under s. 550.0251(10) does not
444 exclude a prosecution for cruelty to animals or for any other
445 criminal act.
446 Section 11. Subsection (1) of section 550.26165, Florida
447 Statutes, is amended to read:
448 550.26165 Breeders’ awards.—
449 (1) The purpose of this section is to encourage the
450 agricultural activity of breeding and training racehorses in
451 this state. Moneys dedicated in this chapter for use as
452 breeders’ awards and stallion awards are to be used for awards
453 to breeders of registered Florida-bred horses winning horseraces
454 and for similar awards to the owners of stallions who sired
455 Florida-bred horses winning stakes races, if the stallions are
456 registered as Florida stallions standing in this state. Such
457 awards shall be given at a uniform rate to all winners of the
458 awards, shall not be greater than 20 percent of the announced
459 gross purse, and shall not be less than 15 percent of the
460 announced gross purse if funds are available. In addition, no
461 less than 17 percent nor more than 40 percent, as determined by
462 the Florida Thoroughbred Breeders’ Association, of the moneys
463 dedicated in this chapter for use as breeders’ awards and
464 stallion awards for thoroughbreds shall be returned pro rata to
465 the permitholders that generated the moneys for special racing
466 awards to be distributed by the permitholders to owners of
467 thoroughbred horses participating in prescribed thoroughbred
468 stakes races, nonstakes races, or both, all in accordance with a
469 written agreement establishing the rate, procedure, and
470 eligibility requirements for such awards entered into by the
471 permitholder, the Florida Thoroughbred Breeders’ Association,
472 and the Florida Horsemen’s Benevolent and Protective
473 Association, Inc., except that the plan for the distribution by
474 any permitholder located in the area described in s. 550.615(8)
475 s. 550.615(9) shall be agreed upon by that permitholder, the
476 Florida Thoroughbred Breeders’ Association, and the association
477 representing a majority of the thoroughbred racehorse owners and
478 trainers at that location. Awards for thoroughbred races are to
479 be paid through the Florida Thoroughbred Breeders’ Association,
480 and awards for standardbred races are to be paid through the
481 Florida Standardbred Breeders and Owners Association. Among
482 other sources specified in this chapter, moneys for thoroughbred
483 breeders’ awards will come from the 0.955 percent of handle for
484 thoroughbred races conducted, received, broadcast, or simulcast
485 under this chapter as provided in s. 550.2625(3). The moneys for
486 quarter horse and harness breeders’ awards will come from the
487 breaks and uncashed tickets on live quarter horse and harness
488 racing performances and 1 percent of handle on intertrack
489 wagering. The funds for these breeders’ awards shall be paid to
490 the respective breeders’ associations by the permitholders
491 conducting the races.
492 Section 12. Paragraph (a) of subsection (6) of section
493 550.3551, Florida Statutes, is amended to read:
494 550.3551 Transmission of racing and jai alai information;
495 commingling of pari-mutuel pools.—
496 (6)(a) A maximum of 20 percent of the total number of races
497 on which wagers are accepted by a greyhound permitholder not
498 located as specified in s. 550.615(6) may be received from
499 locations outside this state. A horseracing or a jai alai
500 permitholder may not conduct fewer than eight live races or
501 games on any authorized race day except as provided in this
502 subsection. A thoroughbred permitholder may not conduct fewer
503 than eight live races on any race day without the written
504 approval of the Florida Thoroughbred Breeders’ Association and
505 the Florida Horsemen’s Benevolent and Protective Association,
506 Inc., unless it is determined by the department that another
507 entity represents a majority of the thoroughbred racehorse
508 owners and trainers in the state. A harness permitholder may
509 conduct fewer than eight live races on any authorized race day,
510 except that such permitholder must conduct a full schedule of
511 live racing during its race meet consisting of at least eight
512 live races per authorized race day for at least 100 days. Any
513 harness horse permitholder that during the preceding racing
514 season conducted a full schedule of live racing may, at any time
515 during its current race meet, receive full-card broadcasts of
516 harness horse races conducted at harness racetracks outside this
517 state at the harness track of the permitholder and accept wagers
518 on such harness races. With specific authorization from the
519 division for special racing events, a permitholder may conduct
520 fewer than eight live races or games when the permitholder also
521 broadcasts out-of-state races or games. The division may not
522 grant more than two such exceptions a year for a permitholder in
523 any 12-month period, and those two exceptions may not be
524 consecutive.
525 Section 13. Subsections (2), (7), (8), and (9) and present
526 subsection (10) of section 550.615, Florida Statutes, are
527 amended, and a new subsection (10) is added to that section, to
528 read:
529 550.615 Intertrack wagering.—
530 (2) A Any track or fronton licensed under this chapter
531 which conducted a full schedule of live racing or games in the
532 preceding year conducted a full schedule of live racing is
533 qualified to, at any time, receive broadcasts of any class of
534 pari-mutuel race or game and accept wagers on such races or
535 games conducted by any class of permitholders licensed under
536 this chapter.
537 (7) In any county of the state where there are only two
538 permits, one for dogracing and one for jai alai, no intertrack
539 wager may be taken during the period of time when a permitholder
540 is not licensed to conduct live races or games without the
541 written consent of the other permitholder that is conducting
542 live races or games. However, if neither permitholder is
543 conducting live races or games, either permitholder may accept
544 intertrack wagers on horseraces or on the same class of races or
545 games, or on both horseraces and the same class of races or
546 games as is authorized by its permit.
547 (7)(8) In any three contiguous counties of the state where
548 there are only three permitholders, all of which are greyhound
549 permitholders, If a greyhound any permitholder leases the
550 facility of another greyhound permitholder for the purpose of
551 conducting all or any portion of the conduct of its live race
552 meet pursuant to s. 550.475, such lessee may conduct intertrack
553 wagering at its pre-lease permitted facility throughout the
554 entire year, including while its race live meet is being
555 conducted at the leased facility, if such permitholder has
556 conducted a full schedule of live racing during the preceding
557 fiscal year at its pre-lease permitted facility or at a leased
558 facility, or combination thereof.
559 (8)(9) In any two contiguous counties of the state in which
560 there are located only four active permits, one for thoroughbred
561 horse racing, two for greyhound dogracing, and one for jai alai
562 games, no intertrack wager may be accepted on the same class of
563 live races or games of any permitholder without the written
564 consent of such operating permitholders conducting the same
565 class of live races or games if the guest track is within the
566 market area of such operating permitholder.
567 (9)(10) All costs of receiving the transmission of the
568 broadcasts shall be borne by the guest track; and all costs of
569 sending the broadcasts shall be borne by the host track.
570 (10) A greyhound permitholder that did not conduct live
571 racing at its facility in the preceding fiscal year is
572 authorized to accept wagers on live races conducted at out-of
573 state greyhound tracks only on the days that such permitholder
574 is accepting all wagers on all races conducted by each greyhound
575 permitholder conducting live racing in this state whose
576 simulcast signal is made available to such permitholder.
577 Section 14. Paragraph (g) of subsection (9) of section
578 550.6305, Florida Statutes, is amended to read:
579 550.6305 Intertrack wagering; guest track payments;
580 accounting rules.—
581 (9) A host track that has contracted with an out-of-state
582 horse track to broadcast live races conducted at such out-of
583 state horse track pursuant to s. 550.3551(5) may broadcast such
584 out-of-state races to any guest track and accept wagers thereon
585 in the same manner as is provided in s. 550.3551.
586 (g)1. Any thoroughbred permitholder which accepts wagers on
587 a simulcast signal must make the signal available to any
588 permitholder that is eligible to conduct intertrack wagering
589 under the provisions of ss. 550.615-550.6345.
590 2. Any thoroughbred permitholder which accepts wagers on a
591 simulcast signal received after 6 p.m. must make such signal
592 available to any permitholder that is eligible to conduct
593 intertrack wagering under the provisions of ss. 550.615
594 550.6345, including any permitholder located as specified in s.
595 550.615(6). Such guest permitholders are authorized to accept
596 wagers on such simulcast signal, notwithstanding any other
597 provision of this chapter to the contrary.
598 3. Any thoroughbred permitholder which accepts wagers on a
599 simulcast signal received after 6 p.m. must make such signal
600 available to any permitholder that is eligible to conduct
601 intertrack wagering under the provisions of ss. 550.615
602 550.6345, including any permitholder located as specified in s.
603 550.615(9). Such guest permitholders are authorized to accept
604 wagers on such simulcast signals for a number of performances
605 not to exceed that which constitutes a full schedule of live
606 races for a quarter horse permitholder pursuant to s.
607 550.002(11), notwithstanding any other provision of this chapter
608 to the contrary, except that the restrictions provided in s.
609 550.615(9)(a) apply to wagers on such simulcast signals.
610
611 No thoroughbred permitholder shall be required to continue to
612 rebroadcast a simulcast signal to any in-state permitholder if
613 the average per performance gross receipts returned to the host
614 permitholder over the preceding 30-day period were less than
615 $100. Subject to the provisions of s. 550.615(4), as a condition
616 of receiving rebroadcasts of thoroughbred simulcast signals
617 under this paragraph, a guest permitholder must accept
618 intertrack wagers on all live races conducted by all then
619 operating thoroughbred permitholders.
620 Section 15. Subsection (4) of section 551.102, Florida
621 Statutes, is amended to read:
622 551.102 Definitions.—As used in this chapter, the term:
623 (4) “Eligible facility” means any licensed pari-mutuel
624 facility located in Miami-Dade County or Broward County existing
625 at the time of adoption of s. 23, Art. X of the State
626 Constitution that has conducted live racing or games during
627 calendar years 2002 and 2003 and has been approved by a majority
628 of voters in a countywide referendum to have slot machines at
629 such facility in the respective county; any licensed pari-mutuel
630 facility located within a county as defined in s. 125.011,
631 provided such facility has conducted a full schedule of live
632 racing for 2 consecutive calendar years immediately preceding
633 its application for a slot machine license, pays the required
634 license fee, and meets the other requirements of this chapter;
635 or any licensed pari-mutuel facility in any other county in
636 which a majority of voters have approved slot machines at such
637 facilities in a countywide referendum held pursuant to a
638 statutory or constitutional authorization after the effective
639 date of this section in the respective county, provided such
640 facility has conducted a full schedule of live racing for 2
641 consecutive calendar years immediately preceding its application
642 for a slot machine license, pays the required licensed fee, and
643 meets the other requirements of this chapter.
644 Section 16. Paragraph (c) of subsection (4) of section
645 551.104, Florida Statutes, is amended to read:
646 551.104 License to conduct slot machine gaming.—
647 (4) As a condition of licensure and to maintain continued
648 authority for the conduct of slot machine gaming, the slot
649 machine licensee shall:
650 (c) Conduct no fewer than a full schedule of live racing or
651 games as defined in s. 550.002(11), except for greyhound
652 permitholders, which do not have a live racing requirement for
653 the purpose of maintaining licensure under this chapter. A
654 permitholder’s responsibility to conduct such number of live
655 races or games shall be reduced by the number of races or games
656 that could not be conducted due to the direct result of fire,
657 war, hurricane, or other disaster or event beyond the control of
658 the permitholder.
659 Section 17. Subsections (2) and (4) of section 551.114,
660 Florida Statutes, are amended to read:
661 551.114 Slot machine gaming areas.—
662 (2) The slot machine licensee shall display pari-mutuel
663 races or games within the designated slot machine gaming areas
664 and offer patrons within the designated slot machine gaming
665 areas the ability to engage in pari-mutuel wagering on any live,
666 intertrack, and simulcast races conducted or offered to patrons
667 of the licensed facility.
668 (4) Designated slot machine gaming areas may be located
669 within the current live gaming facility or in an existing
670 building that must be contiguous and connected to the live
671 gaming facility or, for greyhound permitholders, the location
672 where live races are or were previously conducted. If a
673 designated slot machine gaming area is to be located in a
674 building that is to be constructed, that new building must be
675 contiguous and connected to the live gaming facility.
676 Section 18. Paragraphs (a) and (b) of subsection (5) and
677 paragraph (d) of subsection (13) of section 849.086, Florida
678 Statutes, are amended to read:
679 849.086 Cardrooms authorized.—
680 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
681 operate a cardroom in this state unless such person holds a
682 valid cardroom license issued pursuant to this section.
683 (a) Only those persons holding a valid cardroom license
684 issued by the division may operate a cardroom. A cardroom
685 license may only be issued to a licensed pari-mutuel
686 permitholder. and An authorized cardroom may only be operated at
687 the same facility at which the permitholder is authorized under
688 its valid pari-mutuel wagering permit to conduct pari-mutuel
689 wagering activities. An initial cardroom license shall be issued
690 to a pari-mutuel permitholder only after its facilities are in
691 place and after it conducts its first day of live racing or
692 games. Notwithstanding any law to the contrary, a greyhound
693 permitholder is not required to conduct a minimum number of
694 requested or conducted live performances in order to receive,
695 maintain, or renew a cardroom license.
696 (b) After the initial cardroom license is granted, the
697 application for the annual license renewal shall be made in
698 conjunction with the applicant’s annual application for its
699 pari-mutuel license. If a permitholder has operated a cardroom
700 during any of the 3 previous fiscal years and fails to include a
701 renewal request for the operation of the cardroom in its annual
702 application for license renewal, the permitholder may amend its
703 annual application to include operation of the cardroom. In
704 order for a cardroom license to be renewed the applicant must
705 have requested, as part of its pari-mutuel annual license
706 application, to conduct at least 90 percent of the total number
707 of live performances conducted by such permitholder during
708 either the state fiscal year in which its initial cardroom
709 license was issued or the state fiscal year immediately prior
710 thereto if the permitholder ran at least a full schedule of live
711 racing or games in the prior year. If the application is for a
712 harness permitholder cardroom, the applicant must have requested
713 authorization to conduct a minimum of 140 live performances
714 during the state fiscal year immediately prior thereto. If more
715 than one permitholder is operating at a facility, each
716 permitholder must have applied for a license to conduct a full
717 schedule of live racing. Notwithstanding any law to the
718 contrary, a greyhound permitholder is not required to conduct a
719 minimum number of requested or conducted live performances in
720 order to receive, maintain, or renew a cardroom license.
721 However, as a condition of cardroom licensure, a greyhound
722 permitholder must conduct intertrack wagering on greyhound
723 signals, to the extent available, on each day of cardroom
724 operation.
725 (13) TAXES AND OTHER PAYMENTS.—
726 (d)1. Each greyhound permitholder conducting live racing
727 and jai alai permitholder that operates a cardroom facility
728 shall use at least 4 percent of such permitholder’s cardroom
729 monthly gross receipts to supplement greyhound purses, if any,
730 or jai alai prize money, respectively, during the permitholder’s
731 current or next ensuing pari-mutuel meet.
732 2. Each thoroughbred and harness horse racing permitholder
733 that operates a cardroom facility shall use at least 50 percent
734 of such permitholder’s cardroom monthly net proceeds as follows:
735 47 percent to supplement purses and 3 percent to supplement
736 breeders’ awards during the permitholder’s next ensuing racing
737 meet.
738 3. A No cardroom license or renewal thereof may not shall
739 be issued to an applicant holding a permit under chapter 550 to
740 conduct pari-mutuel wagering meets of quarter horse racing
741 unless the applicant has on file with the division a binding
742 written agreement between the applicant and the Florida Quarter
743 Horse Racing Association or the association representing a
744 majority of the horse owners and trainers at the applicant’s
745 eligible facility, governing the payment of purses on live
746 quarter horse races conducted at the licensee’s pari-mutuel
747 facility. The agreement governing purses may direct the payment
748 of such purses from revenues generated by any wagering or gaming
749 the applicant is authorized to conduct under Florida law. All
750 purses shall be subject to the terms of chapter 550.
751 Section 19. This act shall take effect July 1, 2014.
752
753 ================= T I T L E A M E N D M E N T ================
754 And the title is amended as follows:
755 Delete lines 2 - 8
756 and insert:
757 An act relating to greyhound dogracing; amending s.
758 550.2415, F.S.; requiring the Division of Pari-mutuel
759 Wagering within the Department of Business and
760 Professional Regulation to maintain records of
761 greyhounds injured while racing; providing for the
762 content of such records; providing fines for making
763 false statements on an injury form; amending s.
764 550.002, F.S.; redefining the term “full schedule of
765 live racing or games”; amending s. 550.01215, F.S.;
766 extending the date by which a greyhound permitholder
767 may amend or relinquish its license; amending s.
768 550.0351, F.S.; deleting the requirement that the
769 Division of Pari-mutuel Wagering authorize a dogracing
770 permitholder to conduct charity or scholarship days;
771 removing the authority of a dogracing permitholder to
772 use its facility for “hound dog derbies” or “mutt
773 derbies”; amending s. 550.054, F.S.; removing the
774 requirement that a holder of a permit that was
775 converted from jai alai to greyhound apply for and
776 conduct a full schedule of live racing; amending s.
777 550.0951, F.S.; removing the requirement that a
778 greyhound permitholder pay a daily license fee on each
779 event; removing a requirement that a greyhound
780 permitholder receive a certain tax credit; removing
781 the authority of a greyhound permitholder to elect to
782 transfer certain exemptions or credits; reducing the
783 tax on handle for dogracing; conforming provisions to
784 changes made by the act; reducing the tax rate on
785 handle, and specifying one tax rate on handle, for
786 intertrack wagering if the host track is a dog track;
787 amending s. 550.09514, F.S.; removing certain
788 provisions that prohibit tax on handle until a
789 specified amount of tax savings have resulted;
790 revising purse requirements of a greyhound
791 permitholder that conducts live racing; amending s.
792 550.1625, F.S.; removing the requirement that a
793 greyhound permitholder pay the daily license fee or
794 the breaks tax; repealing s. 550.1647, F.S., relating
795 to greyhound permitholders, unclaimed tickets, and
796 breaks; amending s. 550.1648, F.S.; requiring a
797 greyhound permitholder that conducts live racing to
798 provide a greyhound adoption booth at its facility;
799 conforming a cross-reference to changes made by the
800 act; defining the term “bona fide organization that
801 promotes or encourages the adoption of greyhounds”;
802 requiring sterilization of greyhounds before adoption;
803 removing provisions relating to charity racing days;
804 amending s. 550.26165, F.S.; conforming a cross
805 reference to changes made by the act; amending s.
806 550.3551, F.S.; removing a provision that limits the
807 number of out-of-state races on which wagers are
808 accepted by a greyhound permitholder; removing a
809 greyhound permitholder from a live racing requirement;
810 amending s. 550.615, F.S.; revising provisions
811 relating to intertrack wagering on dogracing; amending
812 s. 550.6305, F.S.; clarifying cross-references;
813 amending s. 551.102, F.S.; redefining the term
814 “eligible facility”; amending s. 551.104, F.S.;
815 specifying that a greyhound permitholder is not
816 required to conduct a full schedule of live racing to
817 maintain a license to conduct slot machine gaming;
818 amending s. 551.114, F.S.; authorizing a greyhound
819 permitholder to locate its slot machine gaming area in
820 certain locations; amending s. 849.086, F.S.;
821 specifying that a greyhound permitholder is not
822 required to conduct a minimum number of live racing in
823 order to receive, maintain, or renew a cardroom
824 license; requiring a greyhound permitholder to conduct
825 intertrack wagering on greyhound signals to operate a
826 cardroom; providing an