House Bill 0979c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 979
By the Committee on Regulated Services and 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,
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 979
615-123-00
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. For purposes of this subsection and
5 s. 550.475, "same class" of permit means, with respect to
6 harness or standardbred horse permitholders, any horse track
7 permitholder. Nothing in this subsection shall prevent more
8 than one permitholder from consolidating live operations with
9 one or more permitholders at a single pari-mutuel facility.
10 (4) Provided that the lessee permitholder has operated
11 a full schedule of live racing or games during the preceding
12 year, it shall be entitled to be licensed to conduct
13 intertrack wagering at either the consolidated pari-mutuel
14 facilities or at a separate intertrack facility located within
15 its market area, provided that pari-mutuel wagering continues
16 to be authorized in the county in which the intertrack
17 facility is located and provided that the intertrack facility
18 does not operate within the market area of any other
19 permitholder of the same class during that permitholder's live
20 meet unless it first obtains the written consent of the same
21 class operating permitholder.
22 (5) The number of locations with pari-mutuel wagering
23 after any consolidation of pari-mutuel permits shall not be
24 expanded beyond the number of locations that would be
25 permissible if all pari-mutuel permitholders were to conduct
26 live performances at facilities of their own.
27 (6) An "intertrack facility" means a pari-mutuel
28 facility used by a permitholder to conduct intertrack wagering
29 as defined in s. 550.002(17), and shall constitute a guest
30 track as defined in s. 550.002. Intertrack facilities shall be
31 permitted to conduct intertrack wagering at any time on the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 979
615-123-00
1 same class of races or games as their permitholders and on
2 those pari-mutuel events on which the permitholders would be
3 able to accept intertrack wagers if they were conducting live
4 operations at the locations of their intertrack facilities,
5 and except as provided in this section, shall be subject to
6 the provisions of ss. 550.3551, 550.615, 550.625, and
7 550.6305. A wager at an intertrack facility authorized by this
8 section constitutes an intertrack wager as this term is
9 defined in s. 550.002. The provisions of s. 565.02 shall also
10 apply to each intertrack facility.
11 (7) Two or more permitholders participating in a
12 consolidation of live operations may form a business entity to
13 operate one or more intertrack facilities, provided that in no
14 event shall the total number of live pari-mutuel and
15 intertrack facilities exceed the number of pari-mutuel
16 facilities that would exist if all pari-mutuel permitholders
17 were conducting live operations at their own facilities, and
18 further provided that no person, firm, or entity except a
19 pari-mutuel entity shall own, directly or indirectly, any
20 interest in an intertrack facility.
21 (8) Notwithstanding any other provision of this
22 chapter, a permitholder which has consolidated and is
23 conducting its live performances at the facility of another
24 same class permitholder shall pay taxes on live and intertrack
25 handle at a rate which is no higher than any other same class
26 permitholder which operates at the same facility. This
27 subsection does not apply to a consolidation between
28 thoroughbred permitholders.
29 (9) The provisions of this section apply equally to
30 every consolidation of live pari-mutuel operations resulting
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 979
615-123-00
1 in more than one permitholder operating at the same location,
2 regardless of the date of such consolidation.
3 (10) Nothing contained within this chapter shall
4 prevent a permitholder which has consolidated its live
5 operations at the location of another permitholder from
6 deconsolidating and operating its live performances at any
7 other location permitted by law.
8 Section 2. Paragraphs (b) and (d) of subsection (5) of
9 section 849.086, Florida Statutes, are amended to read:
10 849.086 Cardrooms authorized.--
11 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person
12 may operate a cardroom in this state unless such person holds
13 a valid cardroom license issued pursuant to this section.
14 (b) After the initial cardroom license is granted, the
15 application for the annual license renewal shall be made in
16 conjunction with the applicant's annual application for its
17 pari-mutuel license. In order for a cardroom license to be
18 renewed the applicant must have requested, as part of its
19 pari-mutuel annual license application, to conduct at least 90
20 percent of the total number of live performances conducted by
21 such permitholder during either the state fiscal year in which
22 its initial cardroom license was issued or the state fiscal
23 year immediately prior thereto, or, in the event that more
24 than one permitholder is operating at a facility, each of the
25 permitholders must have applied for a license to conduct a
26 full schedule of live racing.
27 (d) The annual cardroom license fee for each facility
28 shall be $1,000 for the first table and $500 for each
29 additional table to be operated at the cardroom. This license
30 fee shall be deposited by the division with the Treasurer to
31 the credit of the Pari-mutuel Wagering Trust Fund.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 979
615-123-00
1 Section 3. This act shall take effect upon becoming a
2 law.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5