| 1 | The Commerce Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to pari-mutuel permitholders; amending s. |
| 7 | 550.002, F.S.; revising the definition of "full schedule |
| 8 | of live racing or games" for certain jai alai |
| 9 | permitholders; amending s. 550.09511, F.S.; providing for |
| 10 | license fees and taxes for certain jai alai permitholders; |
| 11 | amending s. 550.334, F.S.; revising permitting and |
| 12 | operational requirements for quarter horse permitholders; |
| 13 | deleting a provision to allow quarter horse racing by vote |
| 14 | of the county commission in lieu of referendum approval of |
| 15 | such racing within a county; providing that specified |
| 16 | provisions relating to elections to ratify permits and |
| 17 | elections to revoke permits shall apply to quarter horse |
| 18 | racing; revising requirements for substitution of |
| 19 | thoroughbred horse racing for quarter horse racing; |
| 20 | removing certain restrictions on such substitutions and |
| 21 | requiring written consent from other permitholders within |
| 22 | a certain area; revising restrictions on intertrack |
| 23 | wagering for quarter horse permitholders and requiring |
| 24 | written consent from other permitholders within a certain |
| 25 | area; amending s. 849.086, F.S.; removing a prohibition on |
| 26 | transfer of cardroom licenses; providing for transfer of |
| 27 | the cardroom license when a permit is relocated within a |
| 28 | county under certain conditions; providing an effective |
| 29 | date. |
| 30 |
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| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
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| 33 | Section 1. Subsection (11) of section 550.002, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 550.002 Definitions.--As used in this chapter, the term: |
| 36 | (11) "Full schedule of live racing or games" means, for a |
| 37 | greyhound or jai alai permitholder, the conduct of a combination |
| 38 | of at least 100 live evening or matinee performances during the |
| 39 | preceding year; for a permitholder who has a converted permit or |
| 40 | filed an application on or before June 1, 1990, for a converted |
| 41 | permit, the conduct of a combination of at least 100 live |
| 42 | evening and matinee wagering performances during either of the 2 |
| 43 | preceding years; for a jai alai permitholder who does not |
| 44 | operate slot machines in its pari-mutuel facility, who has |
| 45 | conducted at least 100 live performances per year for at least |
| 46 | 10 years after December 31, 1992, and whose handle on live jai |
| 47 | alai games conducted at its pari-mutuel facility has been less |
| 48 | than $4 million per state fiscal year for at least 2 consecutive |
| 49 | years after June 30, 1992, the conduct of a combination of at |
| 50 | least 40 live evening or matinee performances during the |
| 51 | preceding year; for a jai alai permitholder who operates slot |
| 52 | machines in its pari-mutuel facility, the conduct of a |
| 53 | combination of at least 150 performances during the preceding |
| 54 | year; for a harness permitholder, the conduct of at least 100 |
| 55 | live regular wagering performances during the preceding year; |
| 56 | for a quarter horse permitholder, the conduct of at least 40 |
| 57 | live regular wagering performances during the preceding year; |
| 58 | and for a thoroughbred permitholder, the conduct of at least 40 |
| 59 | live regular wagering performances during the preceding year. |
| 60 | For a permitholder which is restricted by statute to certain |
| 61 | operating periods within the year when other members of its same |
| 62 | class of permit are authorized to operate throughout the year, |
| 63 | the specified number of live performances which constitute a |
| 64 | full schedule of live racing or games shall be adjusted pro rata |
| 65 | in accordance with the relationship between its authorized |
| 66 | operating period and the full calendar year and the resulting |
| 67 | specified number of live performances shall constitute the full |
| 68 | schedule of live games for such permitholder and all other |
| 69 | permitholders of the same class within 100 air miles of such |
| 70 | permitholder. A live performance must consist of no fewer than |
| 71 | eight races or games conducted live for each of a minimum of |
| 72 | three performances each week at the permitholder's licensed |
| 73 | facility under a single admission charge. |
| 74 | Section 2. Subsection (4) of section 550.09511, Florida |
| 75 | Statutes, is renumbered as subsection (5) and a new subsection |
| 76 | (4) is added to said section to read: |
| 77 | 550.09511 Jai alai taxes; abandoned interest in a permit |
| 78 | for nonpayment of taxes.-- |
| 79 | (4) A jai alai permitholder conducting fewer than 100 live |
| 80 | performances in any calendar year shall pay to the state the |
| 81 | same aggregate amount of daily license fees on live jai alai |
| 82 | games, admissions tax, and tax on live handle as that |
| 83 | permitholder paid to the state during the most recent prior |
| 84 | calendar year in which the jai alai permitholder conducted at |
| 85 | least 100 live performances. |
| 86 | Section 3. Subsections (1), (4), (7), and (10) of section |
| 87 | 550.334, Florida Statutes, are amended to read: |
| 88 | 550.334 Quarter horse racing; substitutions.-- |
| 89 | (1) Subject to all the applicable provisions of this |
| 90 | chapter, any person who possesses the qualifications prescribed |
| 91 | in this chapter may apply to the division for a permit to |
| 92 | conduct quarter horse race meetings and racing under this |
| 93 | chapter. The applicant must demonstrate that the location or |
| 94 | locations where the permit will be used are available for such |
| 95 | use and that she or he has the financial ability to satisfy the |
| 96 | reasonably anticipated operational expenses of the first racing |
| 97 | year following final issuance of the permit. If the racing |
| 98 | facility is already built, the application must contain a |
| 99 | statement, with reasonable supporting evidence, that the permit |
| 100 | will be used for quarter horse racing within 1 year after the |
| 101 | date on which it is granted; if the facility is not already |
| 102 | built, the application must contain a statement, with reasonable |
| 103 | supporting evidence, that substantial construction will be |
| 104 | started within 1 year after the issuance of the permit. After |
| 105 | receipt of an application, the division shall convene to |
| 106 | consider and act upon permits applied for. The division shall |
| 107 | disapprove an application if it fails to meet the requirements |
| 108 | of this chapter. Upon each application filed and approved, a |
| 109 | permit shall be issued setting forth the name of the applicant |
| 110 | and a statement showing qualifications of the applicant to |
| 111 | conduct racing under this chapter. If a favorable referendum on |
| 112 | a pari-mutuel facility has not been held previously within the |
| 113 | county, then, before a quarter horse permit may be issued by the |
| 114 | division, a referendum ratified by a majority of the electors in |
| 115 | the county is required on the question of allowing quarter horse |
| 116 | races within that county; but if there is an extraordinary vote |
| 117 | of the board of county commissioners of that county to allow |
| 118 | quarter horse racing, the requirement for a referendum does not |
| 119 | apply. |
| 120 | (4) Section Sections 550.054 is, 550.0651, and 550.175 are |
| 121 | inapplicable to quarter horse racing as permitted under this |
| 122 | section. All other provisions of this chapter apply to, govern, |
| 123 | and control such racing, and the same must be conducted in |
| 124 | compliance therewith. |
| 125 | (7)(a) Any quarter horse racing permitholder operating |
| 126 | under a valid permit issued by the division is authorized to |
| 127 | substitute other races of other breeds of horses, except |
| 128 | thoroughbreds, which are, respectively, registered with the |
| 129 | American Paint Horse Association, Appaloosa Horse Club, Arabian |
| 130 | Horse Registry of America, Jockey Club, Palomino Horse Breeders |
| 131 | of America, or United States Trotting Association, for no more |
| 132 | than 50 percent of the quarter horse races daily, and may |
| 133 | substitute races of thoroughbreds registered with the Jockey |
| 134 | Club for no more than 50 percent of the quarter horse races |
| 135 | daily with the written consent of all greyhound, harness, and |
| 136 | thoroughbred permitholders whose pari-mutuel facilities are |
| 137 | located within 50 air miles of such quarter horse racing |
| 138 | permitholder's pari-mutuel facility. |
| 139 | (b) Any permittee operating within an area of 50 air miles |
| 140 | of a licensed thoroughbred track may not substitute thoroughbred |
| 141 | races under this section while a thoroughbred horse race meet is |
| 142 | in progress within that 50 miles. Any permittee operating within |
| 143 | an area of 125 air miles of a licensed thoroughbred track may |
| 144 | not substitute live thoroughbred races under this section while |
| 145 | a thoroughbred permittee who pays taxes under s. 550.09515(2)(a) |
| 146 | is conducting a thoroughbred meet within that 125 miles. These |
| 147 | mileage restrictions do not apply to any permittee that holds a |
| 148 | nonwagering permit issued pursuant to s. 550.505. Races |
| 149 | comprised of thoroughbred horses under this section registered |
| 150 | with the Jockey Club may not be permitted during the period |
| 151 | beginning September 1 and ending January 5 of each year in any |
| 152 | county where there are one or more licensed dog tracks |
| 153 | conducting race meets. This section does not affect the |
| 154 | competitive award of matinee performances to jai alai frontons |
| 155 | or dog tracks in opposition to races comprised of thoroughbred |
| 156 | horses registered with the Jockey Club under this section. |
| 157 | (10) Intertrack wagering shall not be authorized for any |
| 158 | quarter horse permitholder without the written consent of all |
| 159 | greyhound, harness, and thoroughbred permitholders whose pari- |
| 160 | mutuel facilities are located within 50 air miles of such |
| 161 | quarter horse permitholder's pari-mutuel facility an existing |
| 162 | greyhound track unless such quarter horse permitholder has |
| 163 | incurred a minimum capital expenditure of at least $7.5 million. |
| 164 | "Capital expenditure" means an expenditure, including an |
| 165 | expenditure for a construction project undertaken by a quarter |
| 166 | horse permitholder as its own contractor, which, under generally |
| 167 | accepted accounting principles, is not properly chargeable as an |
| 168 | expense of operation and maintenance; and includes the cost, in |
| 169 | current value, of the studies, surveys, designs, plans, working |
| 170 | drawings, specifications, refinancing costs, and other |
| 171 | activities essential to the acquisition, improvement, expansion, |
| 172 | or replacement of the plant and equipment. |
| 173 | Section 4. Paragraph (a) of subsection (5) and paragraph |
| 174 | (a) of subsection (17) of section 849.086, Florida Statutes, are |
| 175 | amended to read: |
| 176 | 849.086 Cardrooms authorized.-- |
| 177 | (5) LICENSE REQUIRED; APPLICATION; FEES.--No person may |
| 178 | operate a cardroom in this state unless such person holds a |
| 179 | valid cardroom license issued pursuant to this section. |
| 180 | (a) Only those persons holding a valid cardroom license |
| 181 | issued by the division may operate a cardroom. A cardroom |
| 182 | license may only be issued to a licensed pari-mutuel |
| 183 | permitholder and an authorized cardroom may only be operated at |
| 184 | the same facility at which the permitholder is authorized under |
| 185 | its valid pari-mutuel wagering permit to conduct pari-mutuel |
| 186 | wagering activities. Cardroom licenses are not transferable. |
| 187 | (17) CHANGE OF LOCATION; REFERENDUM.-- |
| 188 | (a) Notwithstanding any provisions of this section, no |
| 189 | cardroom gaming license issued under this section shall be |
| 190 | transferred, or reissued when such reissuance is in the nature |
| 191 | of a transfer, so as to permit or authorize a licensee to change |
| 192 | the location of the cardroom except upon proof in such form as |
| 193 | the division may prescribe that a referendum election has been |
| 194 | held: |
| 195 | 1. If the proposed new location is within the same county |
| 196 | as the already licensed location, in the county where the |
| 197 | licensee desires to conduct cardroom gaming and that a majority |
| 198 | of the electors voting on the question in such election voted in |
| 199 | favor of the transfer of such license. However, the division |
| 200 | shall transfer, without requirement of a referendum election, |
| 201 | the cardroom license of any permitholder that relocated its |
| 202 | permit pursuant to s. 550.0555. |
| 203 | 2. If the proposed new location is not within the same |
| 204 | county as the already licensed location, in the county where the |
| 205 | licensee desires to conduct cardroom gaming and that a majority |
| 206 | of the electors voting on that question in each such election |
| 207 | voted in favor of the transfer of such license. |
| 208 | Section 5. This act shall take effect July 1, 2005. |