House Bill 0979

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    Florida House of Representatives - 2000                 HB 979

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         creating s. 550.654, F.S.; creating the

  4         Pari-mutuel Consolidation Act of 2000;

  5         providing legislative intent; providing for the

  6         consolidation of live operations under certain

  7         circumstances; providing for intertrack

  8         wagering; providing limitations; providing a

  9         definition; providing requirements for

10         operation under the act; providing for

11         application; providing for deconsolidation;

12         amending s. 849.086, F.S.; conforming to the

13         act; providing requirements if more than one

14         permitholder operates at a facility; providing

15         an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 550.654, Florida Statutes, is

20  created to read:

21         550.654  Consolidation of live pari-mutuel operations

22  authorized.--

23         (1)  This section may be cited as the "Pari-mutuel

24  Consolidation Act of 2000."

25         (2)  It is the intent of the Legislature to allow the

26  pari-mutuel industry to participate in emerging technology and

27  to consolidate live operations in overlapping market areas in

28  order to better utilize and maintain facilities through

29  economies of scale.

30         (3)  In the event that any two permitholders with the

31  same class of permit are located in overlapping market areas,

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    Florida House of Representatives - 2000                 HB 979

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  1  by mutual agreement either one of them may, at any time,

  2  consolidate live operations with the other by leasing the

  3  other permitholder's pari-mutuel facilities for the operation

  4  of its entire live meet.

  5         (4)  Provided that the lessee permitholder has operated

  6  a full schedule of live racing or games during the preceding

  7  year, it shall be entitled to be licensed to conduct

  8  intertrack wagering at either the consolidated pari-mutuel

  9  facilities or at a separate intertrack facility located within

10  its market area, provided that the intertrack facility does

11  not operate within the market area of any other permitholder

12  of the same class during that permitholder's live meet unless

13  it first obtains the written consent of the same class

14  operating permitholder.

15         (5)  The number of locations with pari-mutuel wagering

16  after any consolidation of pari-mutuel permits shall not be

17  expanded beyond the number of locations that would be

18  permissible if all pari-mutuel permitholders were to conduct

19  live performances at facilities of their own.

20         (6)  An "intertrack facility" means a pari-mutuel

21  facility used by a permitholder to conduct intertrack wagering

22  as defined in s. 550.002(17), and shall constitute a guest

23  track as defined in s. 550.002. Intertrack facilities shall be

24  permitted to conduct intertrack wagering at any time on the

25  same class of races or games as their permitholders and on

26  those pari-mutuel events on which the permitholders would be

27  able to accept intertrack wagers if they were conducting live

28  operations at the locations of their intertrack facilities,

29  and except as provided in this section, shall be subject to

30  the provisions of ss. 550.3551, 550.615, 550.625, and

31  550.6305. A wager at an intertrack facility authorized by this

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    Florida House of Representatives - 2000                 HB 979

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  1  section constitutes an intertrack wager as this term is

  2  defined in s. 550.002. The provisions of s. 565.02 shall also

  3  apply to each intertrack facility.

  4         (7)  Two or more permitholders participating in a

  5  consolidation of live operations may form a business entity to

  6  operate one or more intertrack facilities, provided that in no

  7  event shall the total number of live pari-mutuel and

  8  intertrack facilities exceed the number of pari-mutuel

  9  facilities that would exist if all pari-mutuel permitholders

10  were conducting live operations at their own facilities, and

11  further provided that no person, firm, or entity except a

12  pari-mutuel entity shall own, directly or indirectly, any

13  interest in an intertrack facility.

14         (8)  Notwithstanding any other provision of this

15  chapter, a permitholder which has consolidated and is

16  conducting its live performances at the facility of another

17  same class permitholder shall pay taxes on live and intertrack

18  handle at a rate which is no higher than any other same class

19  permitholder which operates at the same facility.

20         (9)  The provisions of this section apply equally to

21  every consolidation of live pari-mutuel operations resulting

22  in more than one permitholder operating at the same location,

23  regardless of the date of such consolidation.

24         (10)  Nothing contained within this chapter shall

25  prevent a permitholder which has consolidated its live

26  operations at the location of another permitholder from

27  deconsolidating and operating its live performances at any

28  other location permitted by law.

29         Section 2.  Paragraphs (b) and (d) of subsection (5) of

30  section 849.086, Florida Statutes, are amended to read:

31         849.086  Cardrooms authorized.--

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    Florida House of Representatives - 2000                 HB 979

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  1         (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person

  2  may operate a cardroom in this state unless such person holds

  3  a valid cardroom license issued pursuant to this section.

  4         (b)  After the initial cardroom license is granted, the

  5  application for the annual license renewal shall be made in

  6  conjunction with the applicant's annual application for its

  7  pari-mutuel license.  In order for a cardroom license to be

  8  renewed the applicant must have requested, as part of its

  9  pari-mutuel annual license application, to conduct at least 90

10  percent of the total number of live performances conducted by

11  such permitholder during either the state fiscal year in which

12  its initial cardroom license was issued or the state fiscal

13  year immediately prior thereto, or, in the event that more

14  than one permitholder is operating at a facility, each of the

15  permitholders must have applied for a license to conduct a

16  full schedule of live racing.

17         (d)  The annual cardroom license fee for each facility

18  shall be $1,000 for the first table and $500 for each

19  additional table to be operated at the cardroom.  This license

20  fee shall be deposited by the division with the Treasurer to

21  the credit of the Pari-mutuel Wagering Trust Fund.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          HOUSE SUMMARY

27
      Creates the "Pari-mutuel Consolidation Act of 2000" to
28    allow the pari-mutuel industry to participate in emerging
      technology and to consolidate live operations in
29    overlapping market areas in order to better utilize and
      maintain facilities through economies of scale. See bill
30    for details.

31

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