| 1 | A bill to be entitled |
| 2 | An act relating to cardrooms; amending s. 849.086, F.S.; |
| 3 | defining the term "tournament"; revising the time periods |
| 4 | a cardroom may operate; revising license fees; authorizing |
| 5 | a cardroom operator to give certain awards under certain |
| 6 | circumstances; revising bet limit; authorizing certain |
| 7 | games with a buy-in limit to be conducted without a bet |
| 8 | limit; providing requirements for conducting a tournament; |
| 9 | defining the term "gross receipts" for purposes of |
| 10 | tournaments; providing that the city or county granting |
| 11 | approval of an initial cardroom license is to receive |
| 12 | funds from the Pari-mutuel Wagering Trust Fund; requiring |
| 13 | approval of a cardroom by vote of the governing body of |
| 14 | either a municipality or county depending upon the |
| 15 | location of the pari-mutuel facility; providing an |
| 16 | appropriation; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Paragraph (d) of subsection (5), subsections |
| 21 | (7) and (8), paragraph (h) of subsection (13), and subsection |
| 22 | (16) of section 849.086, Florida Statutes, are amended, and |
| 23 | paragraph (l) is added to subsection (2) of that section, to |
| 24 | read: |
| 25 | 849.086 Cardrooms authorized.-- |
| 26 | (2) DEFINITIONS.--As used in this section: |
| 27 | (l) "Tournament" means a series of games with more than |
| 28 | one betting round involving one or more tables, where the |
| 29 | winners or others receive a prize or cash award. |
| 30 | (5) LICENSE REQUIRED; APPLICATION; FEES.--No person may |
| 31 | operate a cardroom in this state unless such person holds a |
| 32 | valid cardroom license issued pursuant to this section. |
| 33 | (d) The annual cardroom license fee for each facility |
| 34 | shall be $1,000 for the first table and $500 for each additional |
| 35 | table to be operated at the cardroom. The This license fee shall |
| 36 | be deposited by the division with the Chief Financial Officer to |
| 37 | the credit of the Pari-mutuel Wagering Trust Fund. |
| 38 | (7) CONDITIONS FOR OPERATING A CARDROOM.-- |
| 39 | (a) A cardroom may be operated only at the location |
| 40 | specified on the cardroom license issued by the division, and |
| 41 | such location may only be the location at which the pari-mutuel |
| 42 | permitholder is authorized to conduct pari-mutuel wagering |
| 43 | activities pursuant to such permitholder's valid pari-mutuel |
| 44 | permit or as otherwise authorized by law. |
| 45 | (b) Any horserace, greyhound race, or jai alai |
| 46 | permitholder licensed under this section may operate a cardroom |
| 47 | at the pari-mutuel facility on any day for a cumulative amount |
| 48 | of 12 hours if the permitholder meets the requirements under |
| 49 | paragraph (5)(b). A cardroom may be operated at the facility |
| 50 | only when the facility is authorized to accept wagers on pari- |
| 51 | mutuel events during its authorized meet. A cardroom may operate |
| 52 | between the hours of 12 noon and 12 midnight on any day a pari- |
| 53 | mutuel event is conducted live as a part of its authorized meet. |
| 54 | However, a permitholder who holds a valid cardroom license may |
| 55 | operate a cardroom between the hours of 12 noon and 12 midnight |
| 56 | on any day that live racing of the same class of permit is |
| 57 | occurring within 35 miles of its facility if no other holder of |
| 58 | that same class of permit within 35 miles is operating a |
| 59 | cardroom at such time and if all holders of the same class of |
| 60 | permit within the 35-mile area have given their permission in |
| 61 | writing to the permitholder to operate the cardroom during the |
| 62 | designated period. Application to operate a cardroom under this |
| 63 | paragraph must be made to the division as part of the annual |
| 64 | license application. |
| 65 | (c) A cardroom operator must at all times employ and |
| 66 | provide a nonplaying dealer for each table on which authorized |
| 67 | card games which traditionally utilize a dealer are conducted at |
| 68 | the cardroom. Such dealers may not have any participatory |
| 69 | interest in any game other than the dealing of cards and may not |
| 70 | have an interest in the outcome of the game. The providing of |
| 71 | such dealers by a licensee shall not be construed as |
| 72 | constituting the conducting of a banking game by the cardroom |
| 73 | operator. |
| 74 | (d) A cardroom operator may award giveaways, jackpots, and |
| 75 | prizes to a player or players who hold certain combinations of |
| 76 | cards as specified by the cardroom operator. |
| 77 | (e)(d) Each cardroom operator shall conspicuously post |
| 78 | upon the premises of the cardroom a notice which contains a copy |
| 79 | of the cardroom license; a list of authorized games offered by |
| 80 | the cardroom; the wagering limits imposed by the house, if any; |
| 81 | any additional house rules regarding operation of the cardroom |
| 82 | or the playing of any game; and all costs to players to |
| 83 | participate, including any rake by the house. In addition, each |
| 84 | cardroom operator shall post at each table a notice of the |
| 85 | minimum and maximum bets authorized at such table and the fee |
| 86 | for participation in the game conducted. |
| 87 | (f)(e) The cardroom facility shall be subject to |
| 88 | inspection by the division or any law enforcement agency during |
| 89 | the licensee's regular business hours. The inspection will |
| 90 | specifically encompass the permitholder internal control |
| 91 | procedures approved by the division. |
| 92 | (g)(f) A cardroom operator may refuse entry to or refuse |
| 93 | to allow to play any person who is objectionable, undesirable, |
| 94 | or disruptive, but such refusal shall not be on the basis of |
| 95 | race, creed, color, religion, sex, national origin, marital |
| 96 | status, physical handicap, or age, except as provided in this |
| 97 | section. |
| 98 | (8) METHOD OF WAGERS; LIMITATION.-- |
| 99 | (a) No wagering may be conducted using money or other |
| 100 | negotiable currency. Games may only be played utilizing a |
| 101 | wagering system whereby all players' money is first converted by |
| 102 | the house to tokens or chips which shall be used for wagering |
| 103 | only at that specific cardroom. |
| 104 | (b) The cardroom operator may limit the amount wagered in |
| 105 | any game or series of games, but the maximum bet may not exceed |
| 106 | $5 $2 in value. There may not be more than three raises in any |
| 107 | round of betting. The fee charged by the cardroom for |
| 108 | participation in the game shall not be included in the |
| 109 | calculation of the limitation on the bet amount provided in this |
| 110 | paragraph. However, a cardroom operator may conduct games of |
| 111 | Texas Hold'em without a betting limit provided the maximum |
| 112 | required player buy-in does not exceed $100. |
| 113 | (c) A tournament shall consist of a series of games. The |
| 114 | entry fee for a tournament, including any rebuys, may not exceed |
| 115 | the maximum amount that could be wagered by a participant in 10 |
| 116 | like-kind, nontournament games under paragraph (b). Tournaments |
| 117 | must be played only with tournament chips that are provided to |
| 118 | all participants in exchange for an entry fee and any subsequent |
| 119 | rebuys. All players must receive an equal number of tournament |
| 120 | chips for their entry fee. Tournament chips have no cash value |
| 121 | and represent tournament points only. There is no limitation on |
| 122 | the number of tournament chips that may be used for a bet except |
| 123 | as otherwise determined by the cardroom operator. Tournament |
| 124 | chips may never be redeemed for cash or for any other thing of |
| 125 | value. The distribution of prizes and cash awards is determined |
| 126 | by the cardroom operator before entry fees are accepted. |
| 127 | (d) For purposes of tournament play only, the term "gross |
| 128 | receipts" for a tournament means the total amount received by |
| 129 | the cardroom operator for all entry fees, player rebuys, and |
| 130 | fees for participation in the tournament less the total amount |
| 131 | paid to the winners or others as prizes. |
| 132 | (13) TAXES AND OTHER PAYMENTS.-- |
| 133 | (h) One-quarter of the moneys deposited into the |
| 134 | Pari-mutuel Wagering Trust Fund pursuant to paragraph (g) shall, |
| 135 | by October 1 of each year, be distributed to the local |
| 136 | government that approved the cardroom under subsection (16) |
| 137 | counties in which the cardrooms are located; however, if two or |
| 138 | more pari-mutuel racetracks are located within the same |
| 139 | incorporated municipality, the cardroom funds shall be |
| 140 | distributed to the municipality. If a pari-mutuel facility is |
| 141 | situated in such a manner that it is located in more than one |
| 142 | county, the site of the cardroom facility shall determine the |
| 143 | location for purposes of disbursement of tax revenues under this |
| 144 | paragraph. The division shall, by September 1 of each year, |
| 145 | determine: the amount of taxes deposited into the Pari-mutuel |
| 146 | Wagering Trust Fund pursuant to this section from each cardroom |
| 147 | licensee; the location by county of each cardroom; whether the |
| 148 | cardroom is located in the unincorporated area of the county or |
| 149 | within an incorporated municipality; and, the total amount to be |
| 150 | distributed to each eligible county and municipality. |
| 151 | (16) LOCAL GOVERNMENT COUNTY COMMISSION APPROVAL.--The |
| 152 | Division of Pari-mutuel Wagering shall not issue any initial |
| 153 | license under this section except upon proof in such form as the |
| 154 | division may prescribe that the local government where the |
| 155 | applicant for such license desires to conduct cardroom gaming |
| 156 | has voted to approve such activity by a majority vote of the |
| 157 | governing body of the municipality or the governing body of the |
| 158 | county if the facility is not located in a municipality a |
| 159 | majority of the county commissioners in the county where the |
| 160 | applicant for such license desires to conduct cardroom gaming |
| 161 | has voted to approve such activity within the county. |
| 162 | Section 2. For fiscal year 2007-2008, four full-time |
| 163 | equivalent positions and 138,949 in associated salary rate are |
| 164 | authorized, and the sums of $230,722 in recurring funds and |
| 165 | $48,411 in nonrecurring funds from the Pari-mutuel Wagering |
| 166 | Trust Fund of the Department of Business and Professional |
| 167 | Regulation are appropriated for the purpose of carrying out |
| 168 | activities related to this act. |
| 169 | Section 3. This act shall take effect July 1, 2007. |