SENATE AMENDMENT
    Bill No. CS for SB 1692
    Amendment No. ___   Barcode 403260
                            CHAMBER ACTION
              Senate                               House
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       04/18/2001 04:35 PM         .                    
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11  Senator Wasserman Schultz moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Greyhound adoptions.--
18         (1)  Each dogracing permitholder operating a dogracing
19  facility in this state shall provide for a greyhound-adoption
20  booth to be located at the facility. The greyhound-adoption
21  booth must be operated on weekends by personnel or volunteers
22  from a bona fide organization that promotes or encourages the
23  adoption of greyhounds pursuant to s. 550.1647. As used in
24  this section, the term "weekend" includes the hours during
25  which live greyhound racing is conducted on Friday, Saturday,
26  or Sunday. Information pamphlets and application forms shall
27  be provided to the public upon request. In addition, the
28  kennel operator or owner shall notify the permitholder that a
29  greyhound is available for adoption and the permitholder shall
30  provide information concerning the adoption of a greyhound in
31  each race program and shall post adoption information at
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    3:00 PM   04/18/01                              s1692c1c-32j02

SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 conspicuous locations throughout the dogracing facility. Any 2 greyhound that is participating in a race and that will be 3 available for future adoption must be noted in the race 4 program. The permitholder shall allow greyhounds to be walked 5 through the track facility to publicize the greyhound-adoption 6 program. 7 (2) In addition to the charity days authorized under 8 section 550.0351, Florida Statutes, a greyhound permitholder 9 may fund the greyhound-adoption program by holding a charity 10 racing day designated as "Greyhound Adopt-A-Pet Day." All 11 profits derived from the operation of the charity day must be 12 placed into a fund used to support activities at the racing 13 facility which promote the adoption of greyhounds. The 14 division may adopt rules for administering the fund. Proceeds 15 from the charity day authorized in this subsection may not be 16 used as a source of funds for the purposes set forth in s. 17 550.1647. 18 (3)(a) Upon a violation of this section by a 19 permitholder or licensee, the division may impose a penalty as 20 provided in s. 550.0251(10) and require the permitholder to 21 take corrective action. 22 (b) A penalty imposed under s. 550.0251(10) does not 23 exclude a prosecution for cruelty to animals or for any other 24 criminal act. 25 Section 2. Section 550.1647, Florida Statutes, is 26 amended to read: 27 550.1647 Greyhound permitholders; unclaimed tickets; 28 breaks.--All money or other property represented by any 29 unclaimed, uncashed, or abandoned pari-mutuel ticket which has 30 remained in the custody of or under the control of any 31 permitholder authorized to conduct greyhound racing 2 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 pari-mutuel pools in this state for a period of 1 year after 2 the date the pari-mutuel ticket was issued, if the rightful 3 owner or owners thereof have made no claim or demand for such 4 money or other property within that period of time, shall, 5 with respect to live races conducted by the permitholder, be 6 remitted to the state pursuant to s. 550.1645; however, such 7 permitholder shall be entitled to a credit in each state 8 fiscal year in an amount equal to the actual amount remitted 9 in the prior state fiscal year which may be applied against 10 any taxes imposed pursuant to this chapter. In addition, each 11 permitholder shall pay, from any source, including the 12 proceeds from performances conducted pursuant to s. 550.0351, 13 an amount not less than 10 percent of the amount of the credit 14 provided by this section to any bona fide organization that 15 promotes or encourages the adoption of greyhounds. As used in 16 this section, the term "bona fide organization that promotes 17 or encourages the adoption of greyhounds" means any 18 organization that provides evidence of compliance with chapter 19 496 and possesses a valid exemption from federal taxation 20 issued by the Internal Revenue Service. Such bona fide 21 organization, as a condition of adoption, must provide 22 sterilization of greyhounds by a licensed veterinarian before 23 relinquishing custody of the greyhound to the adoptor. The fee 24 for sterilization may be included in the cost of adoption. 25 Section 3. Subsection (2) of section 550.0351, Florida 26 Statutes, is amended to read: 27 550.0351 Charity racing days.-- 28 (2) The proceeds of charity performances shall be paid 29 to qualified beneficiaries selected by the permitholders from 30 an authorized list of charities on file with the division. 31 Eligible charities include the Racing Scholarship Trust Fund, 3 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 the Historical Resources Operating Trust Fund, major state and 2 private institutions of higher learning in this state, state 3 community colleges, and any charity that provides evidence of 4 compliance with the provisions of chapter 496 and evidence of 5 possession of a valid exemption from federal taxation issued 6 by the Internal Revenue Service. However, all proceeds donated 7 to a charity under this section must be used to directly fund 8 programs and operations within this state and may not be used 9 to fund, directly or indirectly, any program or operation 10 outside this state. In addition, the authorized list must 11 include the Racing Scholarship Trust Fund, the Historical 12 Resources Operating Trust Fund, major state and private 13 institutions of higher learning, and Florida community 14 colleges. 15 Section 4. Subsection (4) of section 550.5251, Florida 16 Statutes, is amended to read: 17 550.5251 Florida thoroughbred racing; certain permits; 18 operating days.-- 19 (4) A thoroughbred racing permitholder may not begin 20 any race later than 7 p.m. However, Any thoroughbred 21 permitholder in a county in which the authority for cardrooms 22 has been approved by the board of county commissioners may 23 elect not to operate a cardroom and, when conducting live 24 races during its current race meet, may and instead to receive 25 and rebroadcast out-of-state races after the hour of 7 p.m. on 26 any day during which the permitholder conducts live races. 27 However, such permitholder may not engage in both operating a 28 cardroom and receiving or rebroadcasting out-of-state races 29 after 7 p.m. Permitholders shall be required to elect between 30 either operating a cardroom or engaging in simulcasting after 31 7 p.m. at the time of submitting its application for its 4 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 annual license pursuant to this section. 2 Section 5. Paragraph (a) of subsection (2), paragraphs 3 (b) and (d) of subsection (5), subsections (7) and (8), and 4 paragraphs (a) and (d) of subsection (13) of section 849.086, 5 Florida Statutes, are amended to read: 6 849.086 Cardrooms authorized.-- 7 (2) DEFINITIONS.--As used in this section: 8 (a) "Authorized game" "Authorized games" means a game 9 or series of games of poker, pinochle, bridge, rummy, canasta, 10 hearts, dominoes, or mah-jongg only those games authorized by 11 s. 849.085(2)(a) and which is are played in a nonbanking 12 manner. 13 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person 14 may operate a cardroom in this state unless such person holds 15 a valid cardroom license issued pursuant to this section. 16 (b) After the initial cardroom license is granted, the 17 application for the annual license renewal shall be made in 18 conjunction with the applicant's annual application for its 19 pari-mutuel license. If a permitholder operated a cardroom 20 during the previous fiscal year and fails to include a renewal 21 request for the operation of the cardroom in its annual 22 application for license renewal, the permitholder may amend 23 its annual application to include operation of the cardroom. 24 In order for a cardroom license to be renewed the applicant 25 must have requested, as part of its pari-mutuel annual license 26 application, to conduct at least 90 percent of the total 27 number of live performances conducted by such permitholder 28 during either the state fiscal year in which its initial 29 cardroom license was issued or the state fiscal year 30 immediately prior thereto. If the application is for a harness 31 permitholder cardroom, the applicant must have requested 5 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 authorization to conduct a minimum of 140 live performances 2 during the state fiscal year immediately prior thereto. If 3 more than one permitholder is operating at a facility, each 4 permitholder must have applied for a license to conduct a full 5 schedule of live racing. 6 (d) The annual cardroom license fee for each facility 7 shall be $1,000 for the first table and $500 for each 8 additional table to be operated at the cardroom. This license 9 fee shall be deposited by the division with the Treasurer to 10 the credit of the Pari-mutuel Wagering Trust Fund. 11 (7) CONDITIONS FOR OPERATING A CARDROOM.-- 12 (a) A cardroom may only be operated only at the 13 location specified on the cardroom license issued by the 14 division, and such location may only be the location at which 15 the pari-mutuel permitholder is authorized to conduct 16 pari-mutuel wagering activities pursuant to such 17 permitholder's valid pari-mutuel permit or as otherwise 18 authorized by law and current license. 19 (b) A cardroom may be operated at the facility only 20 when the facility is authorized to accept wagers on 21 pari-mutuel events during its authorized meet. A cardroom may 22 begin operations within 2 hours prior to the post time of the 23 first pari-mutuel event conducted live at the pari-mutuel 24 facility on which wagers are accepted by the facility and must 25 cease operations by 2 a.m. on the following day within 2 hours 26 after the conclusion of the last pari-mutuel event conducted 27 live at the pari-mutuel facility on which wagers are accepted. 28 (c) A cardroom operator must at all times employ and 29 provide a nonplaying dealer for each table on which authorized 30 card games which traditionally utilize a dealer are conducted 31 at the cardroom. Such dealers may not have any participatory 6 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 interest in any game other than the dealing of cards and may 2 not have an interest in the outcome of the game. The 3 providing of such dealers by a licensee shall not be construed 4 as constituting the conducting of a banking game by the 5 cardroom operator. 6 (d) A facility that operates a cardroom may award 7 giveaways or prizes to players who hold combinations of cards 8 specified by the cardroom operator. 9 (e)(d) Each cardroom operator shall conspicuously post 10 upon the premises of the cardroom a notice which contains a 11 copy of the cardroom license; a list of authorized games 12 offered by the cardroom; the wagering limits imposed by the 13 house, if any; any additional house rules regarding operation 14 of the cardroom or the playing of any game; and all costs to 15 players to participate, including any rake by the house. In 16 addition, each cardroom operator shall post at each table a 17 notice of the minimum and maximum bets authorized at such 18 table and the fee for participation in the game conducted. 19 (f)(e) The cardroom facility shall be subject to 20 inspection by the division or any law enforcement agency 21 during the licensee's regular business hours. The inspection 22 will specifically encompass the permitholder internal control 23 procedures approved by the division. 24 (g)(f) A cardroom operator may refuse entry to or 25 refuse to allow to play any person who is objectionable, 26 undesirable, or disruptive, but such refusal shall not be on 27 the basis of race, creed, color, religion, sex, national 28 origin, marital status, physical handicap, or age, except as 29 provided in this section. 30 (8) METHOD OF WAGERS; LIMITATION.-- 31 (a) No wagering may be conducted using money or other 7 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 negotiable currency. Games may only be played utilizing a 2 wagering system whereby all players' money is first converted 3 by the house to tokens or chips which shall be used for 4 wagering only at that specific cardroom. 5 (b) The cardroom operator may limit the amount wagered 6 in any game or series of games, but the maximum bet The 7 winnings of any player in a single round, hand, or game may 8 not exceed $2 $10 in value. There may not be more than three 9 raises in any round of betting. The fee charged by the 10 cardroom for participation in the game shall not be included 11 in the calculation of the limitation on the bet amount pot 12 size provided in this paragraph. 13 (13) TAXES AND OTHER PAYMENTS.-- 14 (a) Each cardroom operator shall pay a tax to the 15 state of 2 10 percent of the cardroom operation's monthly 16 gross receipts. 17 (d) Each greyhound and jai alai permitholder that 18 which operates a cardroom facility shall use utilize at least 19 10 4 percent of such permitholder's cardroom monthly gross 20 receipts to supplement greyhound purses or jai alai prize 21 money, respectively, during the permitholder's next ensuing 22 pari-mutuel meet. Each thoroughbred and harness horse racing 23 permitholder that which operates a cardroom facility shall use 24 utilize at least 50 percent of such permitholder's cardroom 25 monthly net proceeds as follows: 47 percent to supplement 26 purses and 3 percent to supplement breeders' awards during the 27 permitholder's next ensuing racing meet. 28 Section 6. This act shall take effect July 1, 2001. 29 30 31 8 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to pari-mutuel wagering; 8 requiring dogracing permitholders to provide a 9 greyhound-adoption booth at each dogracing 10 facility in the state; requiring that the booth 11 be operated by certain qualified persons on 12 weekends; requiring that information concerning 13 the adoption of a greyhound be made available 14 to the public at the facility; requiring the 15 permitholder to provide adoption information in 16 racing programs and to identify greyhounds that 17 will become available for adoption; authorizing 18 the permitholder to hold an additional charity 19 day that is designated as "Greyhound 20 Adopt-A-Pet Day"; requiring that profits 21 derived from the charity day be used to fund 22 activities promoting the adoption of 23 greyhounds; authorizing the Division of 24 Pari-mutuel Wagering within the Department of 25 Business and Professional Regulation to adopt 26 rules; providing penalties; amending s. 27 550.1647, F.S., relating to unclaimed tickets 28 and breaks with respect to greyhound racing; 29 defining the term "bona fide organization that 30 promotes or encourages the adoption of 31 greyhounds"; amending s. 550.0351, F.S.; 9 3:00 PM 04/18/01 s1692c1c-32j02
SENATE AMENDMENT Bill No. CS for SB 1692 Amendment No. ___ Barcode 403260 1 requiring charity day proceeds to be used to 2 fund programs and operations within the state; 3 amending s. 550.5251, F.S.; revising 4 requirements for the operation of cardrooms by 5 thoroughbred racing permitholders; amending s. 6 849.086, F.S.; revising requirements for the 7 operation of cardrooms; redefining the term 8 "authorized games"; authorizing a permitholder 9 to amend an application for license renewal; 10 providing requirements for licensure of certain 11 permitholders; providing for licensing fees; 12 revising the conditions for operating a 13 cardroom; authorizing cardrooms to award 14 prizes; limiting the amount of a bet; revising 15 the rate of the gross receipts tax on 16 admissions; revising the percentage of the tax 17 which must be used for specified purposes; 18 providing an effective date. 19 20 21 22 23 24 25 26 27 28 29 30 31 10 3:00 PM 04/18/01 s1692c1c-32j02