House Bill hb1363c1
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    Florida House of Representatives - 2001             CS/HB 1363
        By the Committee on Fiscal Policy & Resources and
    Representative Fasano
  1                      A bill to be entitled
  2         An act relating to pari-mutuel wagering;
  3         requiring dogracing permitholders to provide a
  4         greyhound adoption booth at each dogracing
  5         facility in the state; requiring that
  6         information concerning the adoption of a
  7         greyhound be made available to the public at
  8         the facility; requiring the permitholder to
  9         provide adoption information in racing programs
10         and to identify greyhounds that will become
11         available for adoption; authorizing the
12         permitholder to hold an additional charity day
13         that is designated as "Greyhound Adopt-A-Pet
14         Day"; requiring that profits derived from the
15         charity day be used to fund activities
16         promoting the adoption of greyhounds;
17         authorizing the Division of Pari-mutuel
18         Wagering within the Department of Business and
19         Professional Regulation to adopt rules;
20         providing penalties; amending s. 550.1647,
21         F.S., relating to unclaimed tickets and breaks
22         with respect to greyhound racing; defining the
23         term "bona fide organization that promotes or
24         encourages the adoption of greyhounds";
25         amending s. 550.5251, F.S.; revising
26         requirements for the operation of cardrooms by
27         thoroughbred racing permitholders; amending s.
28         849.086, F.S.; revising requirements for the
29         operation of cardrooms; revising a definition;
30         authorizing a permitholder to amend an
31         application for license renewal; providing
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    Florida House of Representatives - 2001             CS/HB 1363
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  1         requirements for licensure of certain
  2         permitholders; providing for licensing fees;
  3         revising conditions for operating a cardroom;
  4         authorizing cardrooms to award prizes; limiting
  5         the amount of a bet; revising the rate of the
  6         gross receipts tax on admissions; revising the
  7         percentage of the tax which must be used for
  8         specified purposes; providing an effective
  9         date.
10
11  Be It Enacted by the Legislature of the State of Florida:
12
13         Section 1.  Greyhound adoptions.--
14         (1)  Each dogracing permitholder operating a dogracing
15  facility in this state shall provide for a greyhound adoption
16  booth to be located at the facility.  The greyhound adoption
17  booth must be operated on weekends by personnel or volunteers
18  from a bona fide organization that promotes or encourages the
19  adoption of greyhounds pursuant to s. 550.1647, Florida
20  Statutes.  As used in this section, the term "weekend"
21  includes the hours during which live greyhound racing is
22  conducted on Friday, Saturday, or Sunday.  Information
23  pamphlets and application forms shall be provided to the
24  public upon request.  In addition, the kennel operator or
25  owner shall notify the permitholder that a greyhound is
26  available for adoption, and the permitholder shall provide
27  information concerning the adoption of a greyhound in each
28  race program and shall post adoption information at
29  conspicuous locations throughout the dogracing facility.  Any
30  greyhound that is participating in a race and that will be
31  available for future adoption must be noted in the race
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  1  program.  The permitholder shall allow greyhounds to be walked
  2  through the track facility to publicize the greyhound adoption
  3  program.
  4         (2)  In addition to the charity days authorized under
  5  s. 550.0351, Florida Statutes, a greyhound permitholder may
  6  fund the greyhound adoption program by holding a charity
  7  racing day designated as "Greyhound Adopt-A-Pet Day." All
  8  profits derived from the operation of the charity day must be
  9  placed into a fund used to support activities at the racing
10  facility which promote the adoption of greyhounds.  The
11  Division of Pari-mutuel Wagering may adopt rules for
12  administering the fund.  Proceeds from the charity day
13  authorized in this subsection may not be used as a source of
14  funds for the purposes set forth in s. 550.1647, Florida
15  Statutes.
16         (3)(a)  Upon a violation of this section by a
17  permitholder or licensee, the Division of Pari-mutuel Wagering
18  may impose a penalty as set forth in s. 550.0251(10), Florida
19  Statutes, and require the permitholder to take corrective
20  action.
21         (b)  A penalty imposed under s. 550.0201(10), Florida
22  Statutes, does not exclude a prosecution for cruelty to
23  animals or for any other criminal act.
24         Section 2.  Section 550.1647, Florida Statutes, is
25  amended to read:
26         550.1647  Greyhound permitholders; unclaimed tickets;
27  breaks.--All money or other property represented by any
28  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
29  remained in the custody of or under the control of any
30  permitholder authorized to conduct greyhound racing
31  pari-mutuel pools in this state for a period of 1 year after
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  1  the date the pari-mutuel ticket was issued, if the rightful
  2  owner or owners thereof have made no claim or demand for such
  3  money or other property within that period of time, shall,
  4  with respect to live races conducted by the permitholder, be
  5  remitted to the state pursuant to s. 550.1645; however, such
  6  permitholder shall be entitled to a credit in each state
  7  fiscal year in an amount equal to the actual amount remitted
  8  in the prior state fiscal year which may be applied against
  9  any taxes imposed pursuant to this chapter. In addition, each
10  permitholder shall pay, from any source, including the
11  proceeds from performances conducted pursuant to s. 550.0351,
12  an amount not less than 10 percent of the amount of the credit
13  provided by this section to any bona fide organization that
14  promotes or encourages the adoption of greyhounds. As used in
15  this section, the term "bona fide organization that promotes
16  or encourages the adoption of greyhounds" means any
17  organization that provides evidence of compliance with chapter
18  496 and possesses a valid exemption from federal taxation
19  issued by the Internal Revenue Service.  Such bona fide
20  organization, as a condition of adoption, must provide
21  sterilization of greyhounds by a licensed veterinarian before
22  relinquishing custody of the greyhound to the adoptor.  The
23  fee for sterilization may be included in the cost of adoption.
24         Section 3.  Paragraph (4) of section 550.5251, Florida
25  Statutes, is amended to read:
26         550.5251  Florida thoroughbred racing; certain permits;
27  operating days.--
28         (4)  A thoroughbred racing permitholder may not begin
29  any race later than 7 p.m. However, Any thoroughbred
30  permitholder in a county in which the authority for cardrooms
31  has been approved by the board of county commissioners may
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  1  elect not to operate a cardroom and, when conducting live
  2  races during its current race meet, may and instead to receive
  3  and rebroadcast out-of-state races after the hour of 7 p.m. on
  4  any day during which the permitholder conducts live races.
  5  However, such permitholder may not engage in both operating a
  6  cardroom and receiving or rebroadcasting out-of-state races
  7  after 7 p.m.  Permitholders shall be required to elect between
  8  either operating a cardroom or engaging in simulcasting after
  9  7 p.m. at the time of submitting its application for its
10  annual license pursuant to this section.
11         Section 4.  Paragraph (a) of subsection (2), paragraphs
12  (b) and (d) of subsection (5), subsections (7) and (8), and
13  paragraphs (a) and (d) of subsection (13) of section 849.086,
14  Florida Statutes, are amended to read:
15         849.086  Cardrooms authorized.--
16         (2)  DEFINITIONS.--As used in this section:
17         (a)  "Authorized game games" means a game or series of
18  games of poker, pinochle, bridge, rummy, canasta, hearts,
19  dominoes, or mah-jongg only those games authorized by s.
20  849.085(2)(a) and which are played in a nonbanking manner.
21         (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person
22  may operate a cardroom in this state unless such person holds
23  a valid cardroom license issued pursuant to this section.
24         (b)  After the initial cardroom license is granted, the
25  application for the annual license renewal shall be made in
26  conjunction with the applicant's annual application for its
27  pari-mutuel license. If a permitholder operated a cardroom
28  during the previous fiscal year and fails to include a renewal
29  request for the operation of the cardroom in its annual
30  application for license renewal, the permitholder may amend
31  its annual application to include operation of the cardroom.
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  1  In order for a cardroom license to be renewed the applicant
  2  must have requested, as part of its pari-mutuel annual license
  3  application, to conduct at least 90 percent of the total
  4  number of live performances conducted by such permitholder
  5  during either the state fiscal year in which its initial
  6  cardroom license was issued or the state fiscal year
  7  immediately prior thereto. If the application is for a harness
  8  permitholder cardroom, the applicant must have requested
  9  authorization to conduct a minimum of 140 live performances
10  during the state fiscal year immediately prior thereto.  If
11  more than one permitholder is operating at a facility, each
12  permitholder must have applied for a license to conduct a full
13  schedule of live racing.
14         (d)  The annual cardroom license fee for each facility
15  shall be $1,000 for the first table and $500 for each
16  additional table to be operated at the cardroom.  This license
17  fee shall be deposited by the division with the Treasurer to
18  the credit of the Pari-mutuel Wagering Trust Fund.
19         (7)  CONDITIONS FOR OPERATING A CARDROOM.--
20         (a)  A cardroom may only be operated only at the
21  location specified on the cardroom license issued by the
22  division, and such location may only be the location at which
23  the pari-mutuel permitholder is authorized to conduct
24  pari-mutuel wagering activities pursuant to such
25  permitholder's valid pari-mutuel permit or as otherwise
26  authorized by law and current license.
27         (b)  A cardroom may be operated at the facility only
28  when the facility is authorized to accept wagers on
29  pari-mutuel events during its authorized meet.  A cardroom may
30  begin operations within 2 hours prior to the post time of the
31  first pari-mutuel event conducted live at the pari-mutuel
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  1  facility on which wagers are accepted by the facility and must
  2  cease operations by 2 a.m. on the following day within 2 hours
  3  after the conclusion of the last pari-mutuel event conducted
  4  live at the pari-mutuel facility on which wagers are accepted.
  5         (c)  A cardroom operator must at all times employ and
  6  provide a nonplaying dealer for each table on which authorized
  7  card games which traditionally utilize a dealer are conducted
  8  at the cardroom.  Such dealers may not have any participatory
  9  interest in any game other than the dealing of cards and may
10  not have an interest in the outcome of the game.  The
11  providing of such dealers by a licensee shall not be construed
12  as constituting the conducting of a banking game by the
13  cardroom operator.
14         (d)  A facility that operates a cardroom may award
15  giveaways or prizes to players who hold combinations of cards
16  specified by the cardroom operator.
17         (e)(d)  Each cardroom operator shall conspicuously post
18  upon the premises of the cardroom a notice which contains a
19  copy of the cardroom license; a list of authorized games
20  offered by the cardroom; the wagering limits imposed by the
21  house, if any; any additional house rules regarding operation
22  of the cardroom or the playing of any game; and all costs to
23  players to participate, including any rake by the house.  In
24  addition, each cardroom operator shall post at each table a
25  notice of the minimum and maximum bets authorized at such
26  table and the fee for participation in the game conducted.
27         (f)(e)  The cardroom facility shall be subject to
28  inspection by the division or any law enforcement agency
29  during the licensee's regular business hours.  The inspection
30  will specifically encompass the permitholder internal control
31  procedures approved by the division.
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  1         (g)(f)  A cardroom operator may refuse entry to or
  2  refuse to allow to play any person who is objectionable,
  3  undesirable, or disruptive, but such refusal shall not be on
  4  the basis of race, creed, color, religion, sex, national
  5  origin, marital status, physical handicap, or age, except as
  6  provided in this section.
  7         (8)  METHOD OF WAGERS; LIMITATION.--
  8         (a)  No wagering may be conducted using money or other
  9  negotiable currency.  Games may only be played utilizing a
10  wagering system whereby all players' money is first converted
11  by the house to tokens or chips which shall be used for
12  wagering only at that specific cardroom.
13         (b)  The cardroom operator may limit the amount wagered
14  in any game or series of games, but the maximum bet winnings
15  of any player in a single round, hand, or game may not exceed
16  $2 $10 in value. There may not be more than three raises in
17  any round of betting. The fee charged by the cardroom for
18  participation in the game shall not be included in the
19  calculation of the limitation on the bet amount pot size
20  provided in this paragraph.
21         (13)  TAXES AND OTHER PAYMENTS.--
22         (a)  Each cardroom operator shall pay a tax to the
23  state of 2 10 percent of the cardroom operation's monthly
24  gross receipts.
25         (d)  Each greyhound and jai alai permitholder that
26  which operates a cardroom facility shall use utilize at least
27  10 4 percent of such permitholder's cardroom monthly gross
28  receipts to supplement greyhound purses or jai alai prize
29  money, respectively, during the permitholder's next ensuing
30  pari-mutuel meet.  Each thoroughbred and harness horse racing
31  permitholder that which operates a cardroom facility shall use
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  1  utilize at least 50 percent of such permitholder's cardroom
  2  monthly net proceeds as follows: 47 percent to supplement
  3  purses and 3 percent to supplement breeders' awards during the
  4  permitholder's next ensuing racing meet.
  5         Section 5.  This act shall take effect July 1, 2001.
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