Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
CHAMBER ACTION
Senate House
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04/19/2007 05:34 PM .
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11 The Committee on Finance and Tax (Haridopolos) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (l) is added to subsection (2) of
19 section 849.086, Florida Statutes, and paragraph (d) of
20 subsection (5), subsections (7) and (8), and paragraphs (c)
21 and (h) of subsection (13) of that section are amended, to
22 read:
23 849.086 Cardrooms authorized.--
24 (2) DEFINITIONS.--As used in this section:
25 (l) "Tournament" means a series of games that have
26 more than one betting round involving one or more tables,
27 where the winners or others receive a prize or cash award.
28 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person
29 may operate a cardroom in this state unless such person holds
30 a valid cardroom license issued pursuant to this section.
31 (d) The annual cardroom license fee for each facility
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 shall be $1,000 for the first table and $500 for each
2 additional table to be operated at the cardroom. This license
3 fee shall be deposited by the division with the Chief
4 Financial Officer to the credit of the Pari-mutuel Wagering
5 Trust Fund.
6 (7) CONDITIONS FOR OPERATING A CARDROOM.--
7 (a) A cardroom may be operated only at the location
8 specified on the cardroom license issued by the division, and
9 such location may only be the location at which the
10 pari-mutuel permitholder is authorized to conduct pari-mutuel
11 wagering activities pursuant to such permitholder's valid
12 pari-mutuel permit or as otherwise authorized by law.
13 (b) Any horserace, greyhound, or jai alai permitholder
14 licensed under this chapter may operate a cardroom at its
15 pari-mutuel facility for a cumulative amount of 12 hours if
16 the permitholder meets the requirements under paragraph
17 (5)(b). A permitholder may amend the license issued to the
18 permitholder within 60 days of the effective date of this act.
19 A cardroom may be operated at the facility only when the
20 facility is authorized to accept wagers on pari-mutuel events
21 during its authorized meet. A cardroom may operate between the
22 hours of 12 noon and 12 midnight on any day a pari-mutuel
23 event is conducted live as a part of its authorized meet.
24 However, a permitholder who holds a valid cardroom license may
25 operate a cardroom between the hours of 12 noon and 12
26 midnight on any day that live racing of the same class of
27 permit is occurring within 35 miles of its facility if no
28 other holder of that same class of permit within 35 miles is
29 operating a cardroom at such time and if all holders of the
30 same class of permit within the 35-mile area have given their
31 permission in writing to the permitholder to operate the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 cardroom during the designated period. Application to operate
2 a cardroom under this paragraph must be made to the division
3 as part of the annual license application.
4 (c) A cardroom operator must at all times employ and
5 provide a nonplaying dealer for each table on which authorized
6 card games which traditionally utilize a dealer are conducted
7 at the cardroom. Such dealers may not have any participatory
8 interest in any game other than the dealing of cards and may
9 not have an interest in the outcome of the game. The providing
10 of such dealers by a licensee shall not be construed as
11 constituting the conducting of a banking game by the cardroom
12 operator.
13 (d) A cardroom operator may award giveaways, jackpots,
14 and prizes to a player or players who hold certain
15 combinations of cards specified by the cardroom operator.
16 (e)(d) Each cardroom operator shall conspicuously post
17 upon the premises of the cardroom a notice which contains a
18 copy of the cardroom license; a list of authorized games
19 offered by the cardroom; the wagering limits imposed by the
20 house, if any; any additional house rules regarding operation
21 of the cardroom or the playing of any game; and all costs to
22 players to participate, including any rake by the house. In
23 addition, each cardroom operator shall post at each table a
24 notice of the minimum and maximum bets authorized at such
25 table and the fee for participation in the game conducted.
26 (f)(e) The cardroom facility shall be subject to
27 inspection by the division or any law enforcement agency
28 during the licensee's regular business hours. The inspection
29 will specifically encompass the permitholder internal control
30 procedures approved by the division.
31 (g)(f) A cardroom operator may refuse entry to or
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 refuse to allow to play any person who is objectionable,
2 undesirable, or disruptive, but such refusal shall not be on
3 the basis of race, creed, color, religion, sex, national
4 origin, marital status, physical handicap, or age, except as
5 provided in this section.
6 (8) METHOD OF WAGERS; LIMITATION.--
7 (a) No wagering may be conducted using money or other
8 negotiable currency. Games may only be played utilizing a
9 wagering system whereby all players' money is first converted
10 by the house to tokens or chips which shall be used for
11 wagering only at that specific cardroom.
12 (b) The cardroom operator may limit the amount wagered
13 in any game or series of games, but the maximum bet may not
14 exceed $2 in value. There may not be more than three raises in
15 any round of betting. The fee charged by the cardroom for
16 participation in the game shall not be included in the
17 calculation of the limitation on the bet amount provided in
18 this paragraph. However, a cardroom operator may conduct games
19 of Texas Hold-em without a betting limit if the required
20 player buy-in is no more than $100.
21 (c) A tournament shall consist of a series of games.
22 The entry fee for a tournament, including any re-buys, may not
23 exceed the maximum amount that could be wagered by a
24 participant in 10 like-kind, nontournament games under
25 paragraph (b). Tournaments must be played only with tournament
26 chips that are provided to all participants in exchange for an
27 entry fee and any subsequent re-buys. All players must receive
28 an equal number of tournament chips for their entry fee.
29 Tournament chips have no cash value and represent tournament
30 points only. There is no limitation on the number of
31 tournament chips that may be used for a bet except as
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 otherwise determined by the cardroom operator. Tournament
2 chips may never be redeemed for cash or for any other thing of
3 value. The distribution of prizes and cash awards is
4 determined by the cardroom operator before entry fees are
5 accepted.
6 (d) For purposes of tournament play only, the term
7 "gross receipts for the tournament" means the total amount
8 received by the cardroom operator for all entry fees, player
9 re-buys, and fees for participation in the tournament, less
10 the total amount paid to the winners or others as prizes.
11 (13) TAXES AND OTHER PAYMENTS.--
12 (c) Payment of the admission tax and gross receipts
13 tax imposed by this section shall be paid to the division. The
14 division shall deposit these sums with the Chief Financial
15 Officer, one-half being credited to the Pari-mutuel Wagering
16 Trust Fund and one-half being credited to the General Revenue
17 Fund. The cardroom licensee shall remit to the division
18 payment for the admission tax, the gross receipts tax, and the
19 licensee fees. Such payments shall be remitted to the division
20 on the fifth day of each calendar month for taxes and fees
21 imposed for the preceding month's cardroom activities.
22 Licensees shall file a report under oath by the fifth day of
23 each calendar month for all taxes remitted during the
24 preceding calendar month. Such report shall, under oath,
25 indicate the total of all admissions, the cardroom activities
26 for the preceding calendar month, and such other information
27 as may be prescribed by the division.
28 (h)1. One-sixteenth One-quarter of the moneys
29 deposited into the Pari-mutuel Wagering Trust Fund pursuant to
30 paragraph (g) shall, by October 1 of each year, be distributed
31 to counties in which the cardrooms are located; however, if
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
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1 two or more pari-mutuel racetracks are located within the same
2 incorporated municipality, the cardroom funds shall be
3 distributed to the municipality. If a pari-mutuel facility is
4 situated in such a manner that it is located in more than one
5 county, the site of the cardroom facility shall determine the
6 location for purposes of disbursement of tax revenues under
7 this paragraph. The division shall, by September 1 of each
8 year, determine: the amount of taxes deposited into the
9 Pari-mutuel Wagering Trust Fund pursuant to this section from
10 each cardroom licensee; the location by county of each
11 cardroom; whether the cardroom is located in the
12 unincorporated area of the county or within an incorporated
13 municipality; and, the total amount to be distributed to each
14 eligible county and municipality.
15 2. One half of the moneys deposited into the
16 Pari-mutuel Wagering Trust Fund pursuant to paragraph (g)
17 shall be transferred to the Grants and Donations Trust Fund
18 established by s. 215.32(2)(d) on or before October 1 of each
19 year for the purpose of funding programs established by the
20 Transition Service Integration Model Project Grant Program.
21 Section 2. Transition Service Integration Model
22 Project Grant Program.--
23 (1) The Transition Service Integration Model Project
24 Grant Program is established within the Department of
25 Education to provide startup grants to offset the cost of
26 formal service agreements between district school boards and
27 not-for-profit employment services providers for the purpose
28 of providing a seamless transition, through customized
29 employment, for students with severe disabilities who are
30 eligible for developmental disability services. The program
31 shall assist students in moving from school to integrated
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 direct-hire employment and postsecondary education and shall
2 provide inclusive access to a wide range of preferred
3 community activities and settings.
4 (2) As used in this section, the term "developmental
5 disability" has the same meaning as in s. 393.063(9), Florida
6 Statutes.
7 (3) In addition, the project shall fund staff
8 development required to support the project and a third-party
9 evaluation of results for the duration of the project. The
10 Bureau of Exceptional Education and Student Services shall
11 administer the grants. The Division of Vocational
12 Rehabilitation and the Agency for Persons with Disabilities
13 shall provide leadership to their field offices in support of
14 collaborative efforts with local school districts and provide
15 training in the area of customized employment.
16 (4) A school district may apply to the Bureau of
17 Exceptional Education and Student Services for a grant. Grants
18 must be provided through a competitive process and may be used
19 only for contractual agreements between district school boards
20 and employment services providers to provide customized
21 employment for the student population described in subsection
22 (1).
23 (5) To be eligible for funding, applicants must use
24 the Transition Service Integration Model. Specifically,
25 applicants must:
26 (a) Create programs that are designed to provide for
27 the seamless transition of the student population from school
28 to integrated direct-hire employment and postsecondary
29 education and provide inclusive access to a wide range of
30 preferred community activities and settings;
31 (b) Enter into a formal service arrangement with a
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
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1 not-for-profit agency that agrees to work with pending
2 graduates before and after graduation and that is used as a
3 provider by both the rehabilitation and developmental
4 disability systems;
5 (c) Dedicate staff members to share responsibility for
6 developing preferred work-related and outside activities for
7 their pending graduates with the not-for-profit agency;
8 (d) Demonstrate partnerships and collaborative
9 relationships with the rehabilitation system, the
10 developmental disability system, postsecondary institutions,
11 families, advocacy groups of the student population, and local
12 workforce One-Stops;
13 (e) Specify locations outside high school campuses at
14 which the program will be housed and determine how instruction
15 will take place in natural community settings in which the
16 skills being acquired are functional;
17 (f) Ensure representation from a student with a
18 disability and a family member of a student with a disability
19 in program planning;
20 (g) Commit to customized employment and training in
21 the Transition Service Integration Model for staff members of
22 the district, the nonprofit agency, the rehabilitation system,
23 and the developmental disability system;
24 (h) Specify measurable goals and objectives; and
25 (i) Submit to a third-party evaluation for the
26 duration of the project.
27 (5) Applicants must specify how they will sustain and
28 expand the program after the grant period has ended.
29 (6) Each grant shall be implemented to the extent
30 funded over a period of 4 years. The program shall be directed
31 towards approximately 200 students each year in no more than
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
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1 10 district pilot sites.
2 (7) From funds allocated pursuant to s.
3 849.086(13)(h)2., the Bureau of Contract Grants and
4 Procurement shall annually distribute half of these funds to
5 providers who specialize in the postsecondary vocational
6 training of at-risk students and students with disabilities.
7 In order to qualify for these funds, a provider must be
8 licensed and have a demonstrated ability to:
9 (a) Provide postsecondary vocational training programs
10 for male and female juveniles placed in a residential
11 commitment facility designated by the Department of Juvenile
12 Justice; and
13 (b) Provide vocational training to juveniles in a
14 program certified pursuant to s. 985.19.
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16 Any provider must be able to provide participating juveniles
17 with occupational completion points.
18 Section 3. For the 2007-2008 fiscal year, seven
19 full-time equivalent positions and 240,542 in associated
20 salary rate are authorized, and the sums of $401,743 in
21 recurring funds and $92,589 in nonrecurring funds from the
22 Pari-mutuel Wagering Trust Fund of the Department of Business
23 and Professional Regulation are hereby appropriated for the
24 purpose of carrying out activities related to this act.
25 Section 4. If any provision of this act or its
26 application to any individual or circumstance is held invalid,
27 the invalidity does not affect other provisions or
28 applications of this act which can be given effect without the
29 invalid provision or application, and to this end the
30 provisions of this act are severable.
31 Section 5. This act shall take effect upon becoming
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 law.
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 Delete everything before the enacting clause
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8 and insert:
9 A bill to be entitled
10 An act relating to the use of moneys deposited
11 into the Pari-mutuel Wagering Trust Fund to
12 fund certain education programs for students
13 with disabilities; amending s. 849.086, F.S.;
14 providing a definition; revising conditions
15 that must be met when operating a cardroom;
16 allowing cardroom operators to conduct certain
17 games without a limit; providing guidelines and
18 requirements for tournaments; deleting a
19 provision providing for an apportionment of
20 moneys received from admission tax and gross
21 receipts tax between the Pari-mutuel Wagering
22 Trust Fund and the General Revenue Fund;
23 revising the portion of moneys deposited into
24 the Pari-mutuel Wagering Trust Fund which is
25 subsequently distributed to counties in which
26 cardrooms are located; requiring that one-half
27 of the moneys deposited into the Pari-mutuel
28 Wagering Trust Fund be transferred to the
29 Grants and Donations Trust Fund before a
30 specified deadline for the purpose of funding
31 programs established by the Transition Service
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 1192
Barcode 575548
1 Integration Model Grant Program; establishing
2 the Transition Service Integration Model
3 Project Grant Program within the Department of
4 Education; providing purposes of the program;
5 specifying the type of student for whom the
6 program is intended; defining the term
7 "developmental disability"; providing for the
8 administration of grants; requiring the project
9 to fund staff development and an ongoing
10 third-party evaluation of results; requiring
11 that the Division of Vocational Rehabilitation
12 and the Agency for Persons with Disabilities
13 provide support to the program; requiring that
14 grants be awarded through a competitive
15 process; limiting the use of grants to certain
16 contractual agreements; requiring that all
17 applicants use the Transition Service
18 Integration Model; providing requirements for
19 eligibility for a grant; requiring that
20 applicants provide a statement of how they plan
21 to sustain or expand the program after the end
22 of the grant period; specifying a grant period;
23 specifying an approximate number of students to
24 participate in the program; specifying a number
25 of district pilot sites that will participate
26 in the program; providing an effective date.
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28 WHEREAS, cardroom operations of pari-mutuel facilities
29 offer an opportunity to the State of Florida to raise
30 much-needed revenues for underserved program areas, and
31 WHEREAS, vocational education is a component that is
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 critical to providing an adequate and effective workforce in
2 this state, and
3 WHEREAS, persons with disabilities represent a portion
4 of our population whose employment horizons are not being
5 maximized under current programs, and
6 WHEREAS, revenues raised from cardroom operations at
7 pari-mutuel facilities can provide the source of funding
8 needed for new programs to assist persons with disabilities
9 and provide at-risk juveniles with an opportunity for training
10 and vocational education so that they may become productive
11 members of Florida's workforce, NOW, THEREFORE,
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