House Bill hb1363c1

CODING: Words stricken are deletions; words underlined are additions.




    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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001             CS/HB 1363

    696-202-01






  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.

  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

                                  9

CODING: Words stricken are deletions; words underlined are additions.