Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
Barcode 250096
CHAMBER ACTION
Senate House
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04/09/2007 05:31 PM .
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11 The Committee on Regulated Industries (Geller) 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. Subsections (2),(3),(4),(7),(8), and
19 paragraph (c) of subsection (12) of section 849.086, Florida
20 Statutes, are amended to read:
21 849.086 Cardrooms authorized.--
22 (2) DEFINITIONS.--As used in this section:
23 (a) "Authorized game" means a game or series of games
24 of poker which are played in a nonbanking manner.
25 (b) "Authorized game facilitated by electronic
26 equipment" means an authorized game that:
27 1. Is an electronic poker table that allows players to
28 play a game electronically without a human dealer and that
29 electronically shuffles, deals, pays pots, and otherwise
30 conducts an authorized game; and
31 2. Uses gaming equipment that is certified by an
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
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1 independent testing laboratory approved by the division as a
2 mathematically random process with equal probability for each
3 card.
4 (c)(b) "Banking game" means a game in which the house
5 is a participant in the game, taking on players, paying
6 winners, and collecting from losers or in which the cardroom
7 establishes a bank against which participants play.
8 (d)(c) "Cardroom" means a facility where authorized
9 card games are played for money or anything of value and to
10 which the public is invited to participate in such games and
11 charged a fee for participation by the operator of such
12 facility. Authorized games and cardrooms do not constitute
13 casino gaming operations.
14 (e)(d) "Cardroom management company" means any
15 individual not an employee of the cardroom operator, any
16 proprietorship, partnership, corporation, or other entity that
17 enters into an agreement with a cardroom operator to manage,
18 operate, or otherwise control the daily operation of a
19 cardroom.
20 (f)(e) "Cardroom distributor" means any business that
21 distributes cardroom paraphernalia such as card tables,
22 betting chips, chip holders, drop boxes, banking supplies,
23 playing cards, card shufflers, and other associated equipment
24 to authorized cardrooms.
25 (g)(f) "Cardroom operator" means a licensed
26 pari-mutuel permitholder which holds a valid permit and
27 license issued by the division pursuant to chapter 550 and
28 which also holds a valid cardroom license issued by the
29 division pursuant to this section which authorizes such person
30 to operate a cardroom and to conduct authorized games in such
31 cardroom.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
Barcode 250096
1 (h)(g) "Division" means the Division of Pari-mutuel
2 Wagering of the Department of Business and Professional
3 Regulation.
4 (i)(h) "Gross receipts" means the total amount of
5 money received by a cardroom from any person for participation
6 in authorized games.
7 (j)(i) "House" means the cardroom operator and all
8 employees of the cardroom operator.
9 (k)(j) "Net proceeds" means the total amount of gross
10 receipts received by a cardroom operator from cardroom
11 operations less direct operating expenses related to cardroom
12 operations, including labor costs, admission taxes only if a
13 separate admission fee is charged for entry to the cardroom
14 facility, gross receipts taxes imposed on cardroom operators
15 by this section, the annual cardroom license fees imposed by
16 this section on each table operated at a cardroom, and
17 reasonable promotional costs excluding officer and director
18 compensation, interest on capital debt, legal fees, real
19 estate taxes, bad debts, contributions or donations, or
20 overhead and depreciation expenses not directly related to the
21 operation of the cardrooms.
22 (l)(k) "Rake" means a set fee or percentage of the pot
23 assessed by a cardroom operator for providing the services of
24 a dealer, table, or location for playing the authorized game.
25 (m) "Tournament" means a series of games with more
26 than one betting round involving one or more tables, where the
27 winners or others receive a prize or cash award.
28 (3) CARDROOM AUTHORIZED.--Notwithstanding any other
29 provision of law, it is not a crime for a person to
30 participate in an authorized game at a licensed cardroom or to
31 operate a cardroom described in this section if such game and
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
Barcode 250096
1 cardroom operation are conducted strictly in accordance with
2 the provisions of this section. This section does not
3 authorize video poker games or any other game or machine:
4 (a) That is not otherwise authorized under the law of
5 this state; or
6 (b) As authorized in a licensed slot machine facility.
7 (4) AUTHORITY OF DIVISION.--The Division of
8 Pari-mutuel Wagering of the Department of Business and
9 Professional Regulation shall administer this section and
10 regulate the operation of cardrooms under this section and the
11 rules adopted pursuant thereto, and may is hereby authorized
12 to:
13 (a) Adopt rules, including, but not limited to: the
14 issuance of cardroom and employee licenses for cardroom
15 operations; the operation of a cardroom; the procedures and
16 operation of authorized games facilitated by electronic
17 equipment; recordkeeping and reporting requirements; and the
18 collection of all fees and taxes imposed by this section.
19 (b) Conduct investigations and monitor the operation
20 of cardrooms and the playing of authorized games therein.
21 (c) Review the books, accounts, and records of any
22 current or former cardroom operator.
23 (d) Suspend or revoke any license or permit, after
24 hearing, for any violation of the provisions of this section
25 or the administrative rules adopted pursuant thereto.
26 (e) Take testimony, issue summons and subpoenas for
27 any witness, and issue subpoenas duces tecum in connection
28 with any matter within its jurisdiction.
29 (f) Monitor and ensure the proper collection of taxes
30 and fees imposed by this section. Permitholder internal
31 controls are mandated to ensure no compromise of state funds.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
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1 To that end, a roaming division auditor will monitor and
2 verify the cash flow and accounting of cardroom revenue for
3 any given operating day.
4 (g) Approve the independent testing laboratories that
5 are authorized to certify the gaming equipment in authorized
6 games facilitated by electronic equipment as a mathematically
7 random process with equal probability for each card.
8 (7) CONDITIONS FOR OPERATING A CARDROOM.--
9 (a) A cardroom may be operated only at the location
10 specified on the cardroom license issued by the division, and
11 such location may only be the location at which the
12 pari-mutuel permitholder is authorized to conduct pari-mutuel
13 wagering activities pursuant to such permitholder's valid
14 pari-mutuel permit or as otherwise authorized by law.
15 (b) A cardroom may be operated at the facility between
16 the hours of 10 a.m. and 2 a.m. only on days when the facility
17 is authorized to accept wagers on pari-mutuel events, except
18 that counties may prescribe, by a majority vote of the county
19 commissioners in the county where the facility is located,
20 additional uniform hours of operation during its authorized
21 meet. A cardroom may operate between the hours of 12 noon and
22 12 midnight on any day a pari-mutuel event is conducted live
23 as a part of its authorized meet. However, a permitholder who
24 holds a valid cardroom license may operate a cardroom between
25 the hours of 12 noon and 12 midnight on any day that live
26 racing of the same class of permit is occurring within 35
27 miles of its facility if no other holder of that same class of
28 permit within 35 miles is operating a cardroom at such time
29 and if all holders of the same class of permit within the
30 35-mile area have given their permission in writing to the
31 permitholder to operate the cardroom during the designated
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
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1 period. Application to operate a cardroom under this paragraph
2 must be made to the division as part of the annual license
3 application.
4 (c) A cardroom operator must at all times employ and
5 provide a nonplaying dealer,except for authorized games
6 facilitated by electronic gaming equipment, for each table on
7 that which authorized card games which traditionally utilize a
8 dealer are conducted at the cardroom. Such dealers may not
9 have any participatory interest in any game other than the
10 dealing of cards and may not have an interest in the outcome
11 of the game. The providing of such dealers by a licensee shall
12 not be construed as constituting the conducting of a banking
13 game by the cardroom operator.
14 (d) A cardroom operator may award giveaways, jackpots,
15 and prizes to a player or players who hold certain
16 combinations of cards specified by the cardroom operator.
17 (e)(d) Each cardroom operator shall conspicuously post
18 upon the premises of the cardroom a notice which contains a
19 copy of the cardroom license; a list of authorized games
20 offered by the cardroom; the wagering limits imposed by the
21 house, if any; any additional house rules regarding operation
22 of the cardroom or the playing of any game; and all costs to
23 players to participate, including any rake by the house. In
24 addition, each cardroom operator shall post at each table a
25 notice of the minimum and maximum bets authorized at such
26 table and the fee for participation in the game conducted.
27 (f)(e) The cardroom facility shall be subject to
28 inspection by the division or any law enforcement agency
29 during the licensee's regular business hours. The inspection
30 will specifically encompass the permitholder internal control
31 procedures approved by the division.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
Barcode 250096
1 (g)(f) A cardroom operator may refuse entry to or
2 refuse to allow to play any person who is objectionable,
3 undesirable, or disruptive, but such refusal shall not be on
4 the basis of race, creed, color, religion, sex, national
5 origin, marital status, physical handicap, or age, except as
6 provided in this section.
7 (8) METHOD OF WAGERS; LIMITATION.--
8 (a) No wagering may be conducted using money or other
9 negotiable currency. Games may only be played using utilizing
10 a wagering system whereby all players' money is first
11 converted by the house to tokens or chips which shall be used
12 for wagering only at that specific cardroom.
13 (b) The cardroom operator may limit the amount wagered
14 in any game or series of games, but the maximum bet may not
15 exceed $10 $2 in value. There may not be more than three
16 raises in any round of betting. The fee charged by the
17 cardroom for participation in the game shall not be included
18 in the calculation of the limitation on the bet amount
19 provided in this paragraph.
20 (c) A tournament shall consist of a series of games.
21 The entry fee for a tournament, including any re-buys, may not
22 exceed the maximum amount that could be wagered by a
23 participant in 10 like-kind, nontournament games under
24 paragraph (b). Tournaments must be played only with tournament
25 chips that are provided to all participants in exchange for an
26 entry fee and any subsequent re-buys. All players must receive
27 an equal number of tournament chips for their entry fee.
28 Tournament chips have no cash value and represent tournament
29 points only. There is no limitation on the number of
30 tournament chips that may be used for a bet except as
31 otherwise determined by the cardroom operator. Tournament
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
Barcode 250096
1 chips may never be redeemed for cash or for any other thing of
2 value. The distribution of prizes and cash awards is
3 determined by the cardroom operator before entry fees are
4 accepted.
5 (d) For purposes of tournament play only, the term
6 "gross receipts for the tournament" means the total amount
7 received by the cardroom operator for all entry fees, player
8 re-buys, and fees for participation in the tournament less the
9 total amount paid to the winners or others as prizes.
10 (12) PROHIBITED ACTIVITIES.--
11 (c) No electronic or mechanical devices, except
12 mechanical card shufflers or certified electronic gaming
13 equipment facilitating authorized games, may be used to
14 conduct any authorized game in a cardroom.
15 Section 2. This act shall take effect July 1, 2007.
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18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 Delete everything before the enacting clause
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22 and insert:
23 A bill to be entitled
24 An act relating to cardrooms; amending s.
25 849.086, F.S.; defining the term "authorized
26 game facilitated by electronic equipment";
27 defining the term "tournament"; providing that
28 a provision making certain activities
29 concerning games a crime does not authorize
30 certain games or machines; authorizing
31 rulemaking by the Division of Pari-mutuel
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 752
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1 Wagering of the Department of Business and
2 Professional Regulation concerning authorized
3 games facilitated by electronic equipment;
4 authorizing the division to approve
5 laboratories that may certify that gaming
6 equipment in authorized games facilitated by
7 electronic equipment meets specified criteria;
8 revising the period during which a cardroom may
9 operate; clarifying awards that a cardroom may
10 give to certain players; authorizing
11 tournaments; providing that tournaments must be
12 played only with tournament chips; requiring
13 that all players receive an equal number of
14 tournament chips for the entry fee; specifying
15 that tournament chips have no cash value and
16 represent tournament points only; providing
17 that tournament chips may not be redeemed for
18 cash or any other thing of value; providing
19 that the distribution of prizes and cash awards
20 is determined by the cardroom operator before
21 entry fees are accepted; providing that only
22 certain electronic equipment may be used to
23 conduct an authorized game in a cardroom;
24 providing an effective date.
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