House Bill hb1573

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    Florida House of Representatives - 2002                HB 1573

        By Representative Fasano






  1                      A bill to be entitled

  2         An act relating to wagering; prohibiting

  3         gambling activities on vessels under certain

  4         circumstances; providing penalties; providing

  5         exceptions; amending s. 550.6305, F.S.,

  6         relating to the distribution of net proceeds

  7         that are retained from the takeout on

  8         rebroadcast of certain races; revising area and

  9         conditions for application of distribution

10         provisions; providing an effective date.

11  

12         WHEREAS, it is the intent of the Legislature to

13  prohibit gambling in violation of chapter 849, Florida

14  Statutes, on vessels that operate from certain ports within

15  this state and do not make an intervening stop within the

16  boundaries of another state or possession of the United States

17  or a foreign country at which passengers could disembark, NOW,

18  THEREFORE,

19  

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

21  

22         Section 1.  Gambling activity on vessels prohibited;

23  penalties.--

24         (1)  A person may not intentionally cause or knowingly

25  permit gambling activity in violation of chapter 849, Florida

26  Statutes, to be conducted on any vessel that such person

27  manages, supervises, controls, operates, or owns, whether such

28  vessel is within or without the waters of this state, if the

29  vessel embarks from any point within this state and disembarks

30  at the same or other point within this state and, during the

31  voyage or segment of the voyage, does not make an intervening

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    Florida House of Representatives - 2002                HB 1573

    565-214-02






  1  stop within the boundaries of another state or possession of

  2  the United States or a foreign country at which passengers

  3  could disembark.

  4         (2)  A person who violates this section commits a

  5  felony of the third degree, punishable as provided in s.

  6  775.082, s. 775.083, or s. 775.084, Florida Statutes.

  7         (3)  This section shall not apply to gambling, games of

  8  chance, or other gambling activity conducted on a vessel that

  9  embarks or disembarks from a port listed in s. 403.021(9)(b),

10  Florida Statutes, or to a vessel during travel to or from a

11  stop within the boundaries of another state or possession of

12  the United States or a foreign country at which passengers

13  could disembark.

14         Section 2.  Paragraphs (c), (d), and (f) of subsection

15  (9) of section 550.6305, Florida Statutes, are amended to

16  read:

17         550.6305  Intertrack wagering; guest track payments;

18  accounting rules.--

19         (9)  A host track that has contracted with an

20  out-of-state horse track to broadcast live races conducted at

21  such out-of-state horse track pursuant to s. 550.3551(5) may

22  broadcast such out-of-state races to any guest track and

23  accept wagers thereon in the same manner as is provided in s.

24  550.3551.

25         (b)  Notwithstanding the provisions of subsection (1)

26  and s. 550.625(1) and (2)(a), the distribution of the net

27  proceeds that are retained by a thoroughbred host track from

28  the takeout on an out-of-state race rebroadcast under this

29  subsection shall be as follows:

30         1.  One-third of the remainder of such proceeds shall

31  be paid to the guest track;

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    Florida House of Representatives - 2002                HB 1573

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  1         2.  One-third of the remainder of such proceeds shall

  2  be retained by the host track; and

  3         3.  One-third of the remainder of such proceeds shall

  4  be paid by the host track as purses at the host track.

  5         (c)  All guest tracks other than thoroughbred

  6  permitholders that are eligible to receive wagers on

  7  out-of-state horseraces rebroadcast from a host track racing

  8  under a thoroughbred horse permit shall be subject to the

  9  distribution of the net proceeds as specified in paragraph (b)

10  or paragraph (d) (a) unless the host and guest permitholders

11  and the recognized horseman's group agree to a different

12  distribution of their respective portions of the proceeds by

13  contract.

14         (d)  Any permitholder located in any county area of the

15  state where there are only two permits, one for dogracing and

16  one for jai alai, may accept wagers on rebroadcasts of

17  out-of-state thoroughbred horse races from an in-state

18  thoroughbred horse racing permitholder and shall not be

19  subject to the provisions of paragraph (b) if such

20  thoroughbred horse racing permitholder located within the area

21  specified in this paragraph is both conducting live races and

22  accepting wagers on out-of-state horseraces.  In such case,

23  the guest permitholder shall be entitled to 45 percent of the

24  net proceeds on wagers accepted at the guest facility.  The

25  remaining proceeds shall be distributed as follows: one-half

26  shall be retained by the host facility and one-half shall be

27  paid by the host facility as purses at the host facility.

28         (f)  Any permitholder located in any county area of the

29  state where there are only two permits, one for dogracing and

30  one for jai alai, may accept wagers on rebroadcasts of

31  out-of-state harness horse races from an in-state harness

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    Florida House of Representatives - 2002                HB 1573

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  1  horse racing permitholder and shall not be subject to the

  2  provisions of paragraph (b) if such harness horse racing

  3  permitholder located within the area specified in this

  4  paragraph is conducting live races.  In such case, the guest

  5  permitholder shall be entitled to 45 percent of the net

  6  proceeds on wagers accepted at the guest facility.  The

  7  remaining proceeds shall be distributed as follows: one-half

  8  shall be retained by the host facility and one-half shall be

  9  paid by the host facility as purses at the host facility.

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

11  law.

12  

13            *****************************************

14                          HOUSE SUMMARY

15  
      Prohibits gambling activities on vessels under certain
16    circumstances.

17  
      Revises provisions for distribution of net proceeds that
18    are retained from the takeout on rebroadcast of certain
      races by certain permitholders.
19  

20    See bill for details.

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