CODING: Words stricken are deletions; words underlined are additions.House Bill 0691
Florida House of Representatives - 1997 HB 691
By Representative Bainter
1 A bill to be entitled
2 An act relating to pari-mutuel wagering;
3 amending s. 550.01215, F.S.; revising language
4 with respect to license applications to
5 authorize thoroughbred permitholders to elect
6 to receive or rebroadcast out-of-state races
7 after a certain time of day; providing a
8 different date of the year for the issuance of
9 licenses for thoroughbred racing; deleting
10 obsolete language; amending s. 550.0951, F.S.;
11 prohibiting the application of an admission tax
12 on free passes or complimentary cards; amending
13 s. 550.5251, F.S.; deleting a time limitation
14 with respect to the receipt and rebroadcast of
15 out-of-state races; amending s. 550.6305, F.S.;
16 providing a procedure for the correct payment
17 of money due by a guest track or a host track
18 when one track is in default; providing for
19 venue when litigation is required to resolve a
20 dispute; providing for attorney's fees and
21 costs; amending s. 550.2633, F.S., relating to
22 certain funds escheated to the state; deleting
23 obsolete language; repealing s. 550.2425, F.S.,
24 relating to a racing laboratory at horse
25 racetrack facilities; repealing s. 550.655,
26 F.S., relating to backside medical and health
27 benefits; repealing s. 550.2625(2)(a), F.S.,
28 relating to moneys withheld from the takeout of
29 thoroughbred horse race meets; repealing s.
30 550.615(11), F.S., relating to certain
31 thoroughbred permitholders conducting
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1 performances beginning May 23 and ending
2 January 2; amending s. 550.3551, F.S.;
3 correcting a cross reference; providing an
4 effective date.
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6 Be It Enacted by the Legislature of the State of Florida:
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8 Section 1. Section 550.01215, Florida Statutes, 1996
9 Supplement, is amended to read:
10 550.01215 License application; periods of operation;
11 bond, conversion of permit.--
12 (1) Each permitholder shall annually, during the
13 period between December 15 and January 4, file in writing with
14 the division its application for a license to conduct
15 performances during the next state fiscal year. Each
16 application shall specify the number, dates, and starting
17 times of all performances which the permitholder intends to
18 conduct. It shall also specify which performances will be
19 conducted as charity or scholarship performances. In addition,
20 each application for a license shall include, for each
21 permitholder which elects to operate a cardroom, the dates and
22 periods of operation the permitholder intends to operate the
23 cardroom or, for each thoroughbred permitholder which elects
24 to receive or rebroadcast out-of-state races after between the
25 hours of 7 p.m. and 10 p.m., the dates for all performances
26 which the permitholder intends to conduct. Permitholders shall
27 be entitled to amend their applications through February 28.
28 (2) Notwithstanding any other provision of this
29 chapter, any permitholder located as specified in s.
30 550.615(6) may, between August 1, 1996, and August 15, 1996,
31 make a one-time request to the division and shall be granted a
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1 reduction in its authorized performances conducted during the
2 1996-1997 state fiscal year not to exceed 15 performances. In
3 the absence of a request by a permitholder between August 1,
4 1996, and August 15, 1996, the division shall have the
5 authority to reduce a permitholder's authorized performances
6 conducted during the 1996-1997 state fiscal year pursuant to a
7 court order issued prior to January 1, 1997.
8 (3) Notwithstanding any other provision of this
9 section, any greyhound permitholder located as specified in s.
10 550.615(6), may apply for a license to conduct racing for
11 fiscal year 1996-1997 within 10 days after the effective date
12 of this act. The division shall issue such license within 15
13 days of receipt of such application. In addition, any other
14 greyhound permitholders located in such area, may within the
15 same 10-day time period, request corresponding reductions in
16 their authorized number of performances, and the division
17 shall grant such amendments.
18 (3)(4) After the first license has been issued to a
19 permitholder, all subsequent annual applications for a license
20 shall be accompanied by proof, in such form as the division
21 may by rule require, that the permitholder continues to
22 possess the qualifications prescribed by this chapter, and
23 that the permit has not been disapproved at a later election.
24 (4)(5) Except as provided in s. 550.5251 for
25 thoroughbred racing, the division shall issue each license no
26 later than March 15. Each permitholder shall operate all
27 performances at the date and time specified on its license.
28 The division shall have the authority to approve minor changes
29 in racing dates after a license has been issued. The division
30 may approve changes in racing dates after a license has been
31 issued when there is no objection from any operating
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1 permitholder located within 50 miles of the permitholder
2 requesting the changes in operating dates. In the event of an
3 objection, the division shall approve or disapprove the change
4 in operating dates based upon the impact on operating
5 permitholders located within 50 miles of the permitholder
6 requesting the change in operating dates. In making the
7 determination to change racing dates, the division shall take
8 into consideration the impact of such changes on state
9 revenues.
10 (5)(6) In the event that a permitholder fails to
11 operate all performances specified on its license at the date
12 and time specified, the division shall hold a hearing to
13 determine whether to fine or suspend the permitholder's
14 license, unless such failure was the direct result of fire,
15 strike, war, or other disaster or event beyond the ability of
16 the permitholder to control. Financial hardship to the
17 permitholder shall not, in and of itself, constitute just
18 cause for failure to operate all performances on the dates and
19 at the times specified.
20 (6)(7) In the event that performances licensed to be
21 operated by a permitholder are vacated, abandoned, or will not
22 be used for any reason, any permitholder shall be entitled,
23 pursuant to rules adopted by the division, to apply to conduct
24 performances on the dates for which the performances have been
25 abandoned. The division shall issue an amended license for
26 all such replacement performances which have been requested in
27 compliance with the provisions of this chapter and division
28 rules.
29 (7)(8) In addition to the conduct of pari-mutuel
30 wagering and cardroom operations conducted pursuant to s.
31 849.086, any permitted facility may be used for the conduct of
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1 concerts, trade shows, expositions, conventions, flea markets,
2 charitable events, and similar activities, subject to any
3 local ordinance.
4 (8)(9)(a) Any permit which was converted from a jai
5 alai permit to a greyhound permit may be converted to a jai
6 alai permit at any time if the permitholder never conducted
7 greyhound racing or if the permitholder has not conducted
8 greyhound racing for a period of 12 consecutive months.
9 (b) After conversion, such permitholder may apply for
10 racing dates for the conduct of jai alai and, upon receiving a
11 license for the conduct of a full schedule of live games, may
12 immediately operate intertrack wagering pursuant to ss.
13 550.615-550.6335. This paragraph is hereby repealed October
14 1, 1996.
15 Section 2. Subsection (2) of section 550.0951, Florida
16 Statutes, 1996 Supplement, is amended to read:
17 550.0951 Payment of daily license fee and taxes.--
18 (2) ADMISSION TAX.--
19 (a) An admission tax equal to 15 percent of the
20 admission charge for entrance to the permitholder's facility
21 and grandstand area, or 10 cents, whichever is greater, is
22 imposed on each person attending a horserace, dograce, or jai
23 alai game. The permitholder shall be responsible for
24 collecting the admission tax.
25 (b) No admission tax under this chapter or chapter 212
26 shall be imposed on any free passes or complimentary cards
27 issued to persons for which there is no cost to the person for
28 admission to pari-mutuel events. An admission tax is imposed
29 on any free passes or complimentary cards issued to guests by
30 permitholders in an amount equal to the tax imposed on the
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1 regular and usual admission charge for entrance to the
2 permitholder's facility and grandstand area.
3 (c) A permitholder may also issue tax-free passes to
4 its officers, officials, and employees or other persons
5 actually engaged in working at the racetrack, including
6 accredited press representatives such as reporters and
7 editors, and may also issue tax-free passes to other
8 permitholders for the use of their officers and officials.
9 The permitholder shall file with the division a list of all
10 persons to whom tax-free passes are issued under this
11 paragraph.
12 Section 3. Subsection (4) of section 550.5251, Florida
13 Statutes, 1996 Supplement, is amended to read:
14 550.5251 Florida thoroughbred racing; certain permits;
15 operating days.--
16 (4) A thoroughbred racing permitholder may not begin
17 any race later than 7 p.m. However, any thoroughbred
18 permitholder in a county in which the authority for cardrooms
19 has been approved by the board of county commissioners may
20 elect not to operate a cardroom when conducting live races
21 during its current race meet and instead to receive and
22 rebroadcast out-of-state races between the hours of 7 p.m. and
23 10 p.m. on any day during which the permitholder conducts live
24 races. However, such permitholder may not engage in both
25 operating a cardroom and receiving or rebroadcasting
26 out-of-state races after 7 p.m. Permitholders shall be
27 required to elect between either operating a cardroom or
28 engaging in simulcasting after 7 p.m. at the time of
29 submitting its application for its annual license pursuant to
30 this section s. 550.01215.
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1 Section 4. Subsection (12) is added to section
2 550.6305, Florida Statutes, 1996 Supplement, to read:
3 550.6305 Intertrack wagering; guest track payments;
4 accounting rules.--
5 (12) If either a guest track fails to make correct
6 payment of money due to the host track by 3 p.m. Friday of
7 each week for intertrack and interstate wagers taken at the
8 guest track for the preceding Wednesday through Tuesday, or
9 the host track fails to make correct payment of money due to
10 the guest track by 3 p.m. Friday of each week for intertrack
11 and interstate wagers taken at the host track, the nonpaying
12 track shall be in default. The nondefaulting track may notify
13 the defaulting track by facsimile or express service, or any
14 other manner that a receipt is provided, that the track is in
15 default and, unless payment is made by wire transfer within 48
16 hours of such notice, interest shall accrue at the rate of 12
17 percent per annum until paid. In the event litigation is
18 required to collect such moneys due, venue shall be in the
19 county where the nondefaulting track is located, and the
20 prevailing party shall be entitled to attorney's fees and
21 costs, including on appeal.
22 Section 5. Subsections (1), (3), (4), and (5) of
23 section 550.2633, Florida Statutes, are amended to read:
24 550.2633 Horseracing; distribution of abandoned
25 interest in or contributions to pari-mutuel pools.--
26 (1) Except as provided in subsection (3), All moneys
27 or other property represented by any unclaimed, uncashed, or
28 abandoned pari-mutuel ticket which has remained in the custody
29 of or under the control of any horseracing permitholder
30 authorized to conduct pari-mutuel pools in this state for a
31 period of 1 year after the date the pari-mutuel ticket was
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1 issued, when the rightful owner or owners thereof have made no
2 claim or demand for such money or other property within that
3 period, is hereby declared to have escheated to or to escheat
4 to, and to have become the property of, the state.
5 (3) Notwithstanding any other provision of law, all
6 moneys described in s. 550.263(2)(a), Florida Statutes 1991,
7 which escheated to the state under s. 550.263(1), Florida
8 Statutes 1991, during the period beginning October 1, 1992,
9 and ending on December 16, 1992, shall be paid as provided in
10 paragraph (2)(a).
11 (4) Notwithstanding any other provision of law, all
12 moneys described in s. 550.263(3), Florida Statutes 1991,
13 which escheated to the state under s. 550.263(1), Florida
14 Statutes 1991, during the period beginning August 24, 1992,
15 and ending on December 16, 1992, shall be paid as provided in
16 subsection (5).
17 (3)(5) Uncashed tickets and breaks on live racing
18 conducted by thoroughbred permitholders shall be retained by
19 the permitholder conducting the live race.
20 Section 6. Sections 550.2425 and 550.655, Florida
21 Statutes, are hereby repealed.
22 Section 7. Paragraph (a) of subsection (2) of section
23 550.2625, Florida Statutes, is repealed effective July 1,
24 1998, and shall be reviewed by the Legislature prior to that
25 date.
26 Section 8. Subsection (11) of section 550.615, Florida
27 Statutes, as created by chapter 96-368, Laws of Florida, is
28 repealed effective July 1, 1998, and shall be reviewed by the
29 Legislature prior to that date.
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1 Section 9. Paragraph (c) of subsection (3) of section
2 550.3551, Florida Statutes, 1996 Supplement, is amended to
3 read:
4 550.3551 Transmission of racing and jai alai
5 information; commingling of pari-mutuel pools.--
6 (3) Any horse track licensed under this chapter may
7 receive broadcasts of horseraces conducted at other horse
8 racetracks located outside this state at the racetrack
9 enclosure of the licensee during its racing meet.
10 (c) All forms of pari-mutuel wagering are allowed on
11 races broadcast under this section, and all money wagered by
12 patrons on such races shall be computed as part of the total
13 amount of money wagered at each racing performance for
14 purposes of taxation under ss. 550.0951, 550.09512, and
15 550.09515. Section 550.2625(2)(a), and (b), and (c) does not
16 apply to any money wagered on races broadcast under this
17 section. Similarly, the takeout shall be increased by breaks
18 and uncashed tickets for wagers on races broadcast under this
19 section, notwithstanding any contrary provision of this
20 chapter.
21 Section 10. This act shall take effect upon becoming a
22 law.
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2 HOUSE SUMMARY
3
Revises various provisions of law governing pari-mutuel
4 wagering to:
1. Authorize thoroughbred horse race permitholders
5 to elect to receive or rebroadcast out-of-state races
after 7 p.m.
6 2. Provide that described thoroughbred licenses do
not have to be issued by March 15 of each year.
7 3. Provide that no admission tax shall be imposed
on any free passes or complimentary cards.
8 4. Revise language with respect to intertrack
wagering to provide a procedure for the correct payment
9 of money due by a guest track or a host track when one
track is in default, to provide for venue when litigation
10 is required, and to provide for attorney's fees and
costs.
11 5. Repeal obsolete language.
6. Delete provisions of law relating to a racing
12 laboratory at horse racetrack facilities, backside
medical and health facilities, described funds escheated
13 to the state, described moneys withheld from the takeout
of thoroughbred horse race meetings, and performances
14 held by certain thoroughbred permitholders.
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See bill for details.
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