Senate Bill sb0216c1

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    Florida Senate - 2007                            CS for SB 216

    By the Committee on Regulated Industries; and Senator Geller





    580-2046-07

  1                      A bill to be entitled

  2         An act relating to cardrooms; amending s.

  3         849.086, F.S.; defining the term "high-stakes

  4         poker"; authorizing cardroom operators to host

  5         high-stakes poker tournaments at certain

  6         pari-mutuel facilities; providing limitations;

  7         providing additional rulemaking authority;

  8         providing an effective date.

  9  

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

11  

12         Section 1.  Subsections (2) and (4) of section 849.086,

13  Florida Statutes, are amended, present subsections (9) through

14  (17) of that section are redesignated as subsections (10)

15  through (18), respectively, and a new subsection (9) is added

16  to that section, to read:

17         849.086  Cardrooms authorized.--

18         (2)  DEFINITIONS.--As used in this section:

19         (a)  "Authorized game" means a game or series of games

20  of poker which are played in a nonbanking manner.

21         (b)  "Banking game" means a game in which the house is

22  a participant in the game, taking on players, paying winners,

23  and collecting from losers or in which the cardroom

24  establishes a bank against which participants play.

25         (c)  "Cardroom" means a facility where authorized card

26  games are played for money or anything of value and to which

27  the public is invited to participate in such games and charged

28  a fee for participation by the operator of such facility.

29  Authorized games and cardrooms do not constitute casino gaming

30  operations.

31  

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    Florida Senate - 2007                            CS for SB 216
    580-2046-07




 1         (d)  "Cardroom management company" means any individual

 2  not an employee of the cardroom operator, any proprietorship,

 3  partnership, corporation, or other entity that enters into an

 4  agreement with a cardroom operator to manage, operate, or

 5  otherwise control the daily operation of a cardroom.

 6         (e)  "Cardroom distributor" means any business that

 7  distributes cardroom paraphernalia such as card tables,

 8  betting chips, chip holders, drop boxes, banking supplies,

 9  playing cards, card shufflers, and other associated equipment

10  to authorized cardrooms.

11         (f)  "Cardroom operator" means a licensed pari-mutuel

12  permitholder which holds a valid permit and license issued by

13  the division pursuant to chapter 550 and which also holds a

14  valid cardroom license issued by the division pursuant to this

15  section which authorizes such person to operate a cardroom and

16  to conduct authorized games in such cardroom.

17         (g)  "Division" means the Division of Pari-mutuel

18  Wagering of the Department of Business and Professional

19  Regulation.

20         (h)  "Gross receipts" means the total amount of money

21  received by a cardroom from any person for participation in

22  authorized games.

23         (i)  "High-stakes poker" means a game of poker which is

24  played without limits on the amount wagered in any game or

25  series of games or without limits on the rounds of betting

26  established in this section.

27         (j)(i)  "House" means the cardroom operator and all

28  employees of the cardroom operator.

29         (k)(j)  "Net proceeds" means the total amount of gross

30  receipts received by a cardroom operator from cardroom

31  operations less direct operating expenses related to cardroom

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    Florida Senate - 2007                            CS for SB 216
    580-2046-07




 1  operations, including labor costs, admission taxes only if a

 2  separate admission fee is charged for entry to the cardroom

 3  facility, gross receipts taxes imposed on cardroom operators

 4  by this section, the annual cardroom license fees imposed by

 5  this section on each table operated at a cardroom, and

 6  reasonable promotional costs excluding officer and director

 7  compensation, interest on capital debt, legal fees, real

 8  estate taxes, bad debts, contributions or donations, or

 9  overhead and depreciation expenses not directly related to the

10  operation of the cardrooms.

11         (l)(k)  "Rake" means a set fee or percentage of the pot

12  assessed by a cardroom operator for providing the services of

13  a dealer, table, or location for playing the authorized game.

14         (4)  AUTHORITY OF DIVISION.--The Division of

15  Pari-mutuel Wagering of the Department of Business and

16  Professional Regulation shall administer this section and

17  regulate the operation of cardrooms under this section and the

18  rules adopted pursuant thereto, and is hereby authorized to:

19         (a)1.  Adopt rules, including, but not limited to: the

20  issuance of cardroom and employee licenses for cardroom

21  operations; the operation of a cardroom; recordkeeping and

22  reporting requirements; and the collection of all fees and

23  taxes imposed by this section.

24         2.  Adopt rules for the operation of high-stakes poker

25  tournaments, including, but not limited to, maximum buy-in

26  amounts, number of players, amount of betting units, and

27  payout scales.

28         (b)  Conduct investigations and monitor the operation

29  of cardrooms and the playing of authorized games therein.

30         (c)  Review the books, accounts, and records of any

31  current or former cardroom operator.

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    Florida Senate - 2007                            CS for SB 216
    580-2046-07




 1         (d)  Suspend or revoke any license or permit, after

 2  hearing, for any violation of the provisions of this section

 3  or the administrative rules adopted pursuant thereto.

 4         (e)  Take testimony, issue summons and subpoenas for

 5  any witness, and issue subpoenas duces tecum in connection

 6  with any matter within its jurisdiction.

 7         (f)  Monitor and ensure the proper collection of taxes

 8  and fees imposed by this section.  Permitholder internal

 9  controls are mandated to ensure no compromise of state funds.

10  To that end, a roaming division auditor will monitor and

11  verify the cash flow and accounting of cardroom revenue for

12  any given operating day.

13         (9)  HIGH-STAKES POKER TOURNAMENTS.--

14         (a)  A cardroom operator may host a televised

15  high-stakes poker tournament twice each year for 1 week at a

16  pari-mutuel facility that is authorized to operate cardrooms

17  during the hours that the pari-mutuel facility is open to

18  conduct business. Such a tournament may be conducted only once

19  in any 6-month period.

20         (b)  A high-stakes poker tournament shall consist of a

21  series of games played at multiple tables. Tournaments shall

22  be played only with tournament chips that shall be provided to

23  all participants in exchange for an entry fee and any

24  subsequent rebuys. All players shall receive an equal number

25  of tournament chips for their entry fee. Tournament chips

26  shall have no cash value and shall represent tournament points

27  only. There shall be no limitation on the number of tournament

28  chips that can be used for a bet except as determined by the

29  cardroom operator. Tournament chips may never be redeemed for

30  cash or any other thing of value. The entry fee for a

31  tournament shall be decided by the cardroom operator. The

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    Florida Senate - 2007                            CS for SB 216
    580-2046-07




 1  distribution of prizes and cash awards shall be determined by

 2  the cardroom operator before entry fees are accepted. For

 3  purposes of tournament play only, gross receipts for the

 4  tournament shall mean the total amount received by the

 5  cardroom operator for all entry fees, player rebuys, and fees

 6  for participation in tournaments, less the total amount paid

 7  to the winners or other as prizes. The total number of players

 8  that may enter the tournament shall be decided by the cardroom

 9  operator.

10         Section 2.  This act shall take effect July 1, 2007.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 216

14                                 

15  The Committee Substitute deletes the definitions of dominoes
    and high-stakes dominoes.  It provides for rulemaking for
16  high-stakes poker tournaments.  It provides that high-stakes
    poker tournaments may be televised.
17  
    It provides that the high-stakes poker tournament consists of
18  a series of games played at multiple tables.  Only tournament
    chips, provided in exchange for an entry fee or any subsequent
19  rebuys, are allowed to be played.  All players receive an
    equal amount of chips.  The chips represent points and there
20  is no limitation of the number of chips that can be used for a
    bet except as determined by the cardroom operator.  The chips
21  can never be exchanged for cash or anything of value.  The
    entry fee is determined by the cardroom operator as well as
22  the total number of players that may enter the tournament.
    The distribution of prizes and cash awards is determined by
23  the cardroom operator before the entry fees are accepted.
    Gross receipts, for purposes of the tournament, means the
24  total amount received by the cardroom operator for all entry
    fees, player rebuys, and fees for participation in
25  tournaments, less the total amount paid to the winners or
    others as prizes.
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