Senate Bill sb0752e1

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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


  1                      A bill to be entitled

  2         An act relating to cardrooms; amending s.

  3         849.086, F.S.; defining the term "tournament";

  4         clarifying that provisions authorizing

  5         cardrooms do not authorize video poker or

  6         certain other games or machines; revising

  7         license fees; revising hours of operation;

  8         authorizing the award of certain prizes;

  9         revising betting limits; authorizing

10         tournaments; providing tournament requirements;

11         providing an appropriation and authorizing

12         additional positions; providing an effective

13         date.

14  

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

16  

17         Section 1.  Paragraph (l) is added to subsection (2) of

18  section 849.086, Florida Statutes, and subsections (3) and

19  (4), paragraph (d) of subsection (5), subsections (7) and (8),

20  paragraph (h) of subsection (13), and subsection (16) of that

21  section are amended, to read:

22         849.086  Cardrooms authorized.--

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

24         (l)  "Tournament" means a series of games that have

25  more than one betting round involving one or more tables and

26  where the winners or others receive a prize or cash award.

27         (3)  CARDROOM AUTHORIZED.--Notwithstanding any other

28  provision of law, it is not a crime for a person to

29  participate in an authorized game at a licensed cardroom or to

30  operate a cardroom described in this section if such game and

31  cardroom operation are conducted strictly in accordance with


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1  the provisions of this section. This section does not

 2  authorize video poker games or any other game or machine that

 3  is not authorized by state law or that is authorized at a slot

 4  machine facility licensed under chapter 551.

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

 6  Pari-mutuel Wagering of the Department of Business and

 7  Professional Regulation shall administer this section and

 8  regulate the operation of cardrooms under this section and the

 9  rules adopted under this section pursuant thereto, and may is

10  hereby authorized to:

11         (a)  Adopt rules, including, but not limited to: the

12  issuance of cardroom and employee licenses for cardroom

13  operations; the operation of a cardroom; recordkeeping and

14  reporting requirements; and the collection of all fees and

15  taxes imposed by this section.

16         (b)  Conduct investigations and monitor the operation

17  of cardrooms and the playing of authorized games therein.

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

19  current or former cardroom operator.

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

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

22  or adopted the administrative rules adopted pursuant thereto.

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

24  any witness, and issue subpoenas duces tecum in connection

25  with any matter within its jurisdiction.

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

27  and fees imposed by this section. Permitholder internal

28  controls are mandated to ensure that there is no compromise of

29  state funds. To that end, a roaming division auditor shall

30  will monitor and verify the cash flow and accounting of

31  cardroom revenue on for any given operating day.


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1         (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person

 2  may operate a cardroom in this state unless such person holds

 3  a valid cardroom license issued pursuant to this section.

 4         (d)  The annual cardroom license fee for each facility

 5  shall be $1,000 for the first table and $500 for each

 6  additional table to be operated at the cardroom. The This

 7  license fee shall be deposited by the division with the Chief

 8  Financial Officer to the credit of the Pari-mutuel Wagering

 9  Trust Fund.

10         (7)  CONDITIONS FOR OPERATING A CARDROOM.--

11         (a)  A cardroom may be operated only at the location

12  specified on the cardroom license issued by the division, and

13  such location may only be the location at which the

14  pari-mutuel permitholder is authorized to conduct pari-mutuel

15  wagering activities pursuant to such permitholder's valid

16  pari-mutuel permit or as otherwise authorized by law.

17         (b)  Any horserace, greyhound race, or jai alai

18  permitholder licensed under this section may operate a

19  cardroom at the pari-mutuel facility on any day for a

20  cumulative amount of 12 hours if the permitholder meets the

21  requirements under paragraph (5)(b).  A cardroom may be

22  operated at the facility only when the facility is authorized

23  to accept wagers on pari-mutuel events during its authorized

24  meet. A cardroom may operate between the hours of 12 noon and

25  12 midnight on any day a pari-mutuel event is conducted live

26  as a part of its authorized meet. However, a permitholder who

27  holds a valid cardroom license may operate a cardroom between

28  the hours of 12 noon and 12 midnight on any day that live

29  racing of the same class of permit is occurring within 35

30  miles of its facility if no other holder of that same class of

31  permit within 35 miles is operating a cardroom at such time


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1  and if all holders of the same class of permit within the

 2  35-mile area have given their permission in writing to the

 3  permitholder to operate the cardroom during the designated

 4  period. Application to operate a cardroom under this paragraph

 5  must be made to the division as part of the annual license

 6  application.

 7         (c)  A cardroom operator must at all times employ and

 8  provide a nonplaying dealer for each table on which authorized

 9  card games which traditionally use utilize a dealer are

10  conducted at the cardroom. Such dealers may not have a any

11  participatory interest in any game other than the dealing of

12  cards and may not have an interest in the outcome of the game.

13  The providing of such dealers by a licensee does shall not

14  constitute be construed as constituting the conducting of a

15  banking game by the cardroom operator.

16         (d)  A cardroom operator may award giveaways, jackpots,

17  and prizes to a player who holds certain combinations of cards

18  specified by the cardroom operator.

19         (e)(d)  Each cardroom operator shall conspicuously post

20  upon the premises of the cardroom a notice which contains a

21  copy of the cardroom license; a list of authorized games

22  offered by the cardroom; the wagering limits imposed by the

23  house, if any; any additional house rules regarding operation

24  of the cardroom or the playing of any game; and all costs to

25  players to participate, including any rake by the house. In

26  addition, each cardroom operator shall post at each table a

27  notice of the minimum and maximum bets authorized at such

28  table and the fee for participation in the game conducted.

29         (f)(e)  The cardroom facility is shall be subject to

30  inspection by the division or any law enforcement agency

31  during the licensee's regular business hours. The inspection


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1  must will specifically include encompass the permitholder

 2  internal control procedures approved by the division.

 3         (g)(f)  A cardroom operator may refuse entry to or

 4  refuse to allow to play any person who is objectionable,

 5  undesirable, or disruptive to play, but such refusal may shall

 6  not be on the basis of race, creed, color, religion, gender

 7  sex, national origin, marital status, physical handicap, or

 8  age, except as provided in this section.

 9         (8)  METHOD OF WAGERS; LIMITATION.--

10         (a)  No wagering may be conducted using money or other

11  negotiable currency. Games may only be played utilizing a

12  wagering system whereby all players' money is first converted

13  by the house to tokens or chips which shall be used for

14  wagering only at that specific cardroom.

15         (b)  The cardroom operator may limit the amount wagered

16  in any game or series of games, but the maximum bet may not

17  exceed $5 $2 in value. There may not be more than three raises

18  in any round of betting. The fee charged by the cardroom for

19  participation in the game shall not be included in the

20  calculation of the limitation on the bet amount provided in

21  this paragraph. However, a cardroom operator may conduct games

22  of Texas Hold-em without a betting limit if the required

23  player buy-in is no more than $100.

24         (c)  A tournament shall consist of a series of games.

25  The entry fee for a tournament, including any re-buys, may not

26  exceed the maximum amount that could be wagered by a

27  participant in 10 like-kind, nontournament games under

28  paragraph (b). Tournaments may be played only with tournament

29  chips that are provided to all participants in exchange for an

30  entry fee and any subsequent re-buys. All players must receive

31  an equal number of tournament chips for their entry fee.


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1  Tournament chips have no cash value and represent tournament

 2  points only. There is no limitation on the number of

 3  tournament chips that may be used for a bet except as

 4  otherwise determined by the cardroom operator. Tournament

 5  chips may never be redeemed for cash or for any other thing of

 6  value. The distribution of prizes and cash awards must be

 7  determined by the cardroom operator before entry fees are

 8  accepted. For purposes of tournament play only, the term

 9  "gross receipts" means the total amount received by the

10  cardroom operator for all entry fees, player re-buys, and fees

11  for participating in the tournament less the total amount paid

12  to the winners or others as prizes.

13         (13)  TAXES AND OTHER PAYMENTS.--

14         (h)  One-quarter of the moneys deposited into the

15  Pari-mutuel Wagering Trust Fund pursuant to paragraph (g)

16  shall, by October 1 of each year, be distributed to the local

17  government that approved the cardroom under subsection (16)

18  counties in which the cardrooms are located; however, if two

19  or more pari-mutuel racetracks are located within the same

20  incorporated municipality, the cardroom funds shall be

21  distributed to the municipality.  If a pari-mutuel facility is

22  situated in such a manner that it is located in more than one

23  county, the site of the cardroom facility shall determine the

24  location for purposes of disbursement of tax revenues under

25  this paragraph. The division shall, by September 1 of each

26  year, determine:  the amount of taxes deposited into the

27  Pari-mutuel Wagering Trust Fund pursuant to this section from

28  each cardroom licensee; the location by county of each

29  cardroom; whether the cardroom is located in the

30  unincorporated area of the county or within an incorporated

31  


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    CS for CS for CS for SB 752 &
    CS for SB 1192                           First Engrossed (ntc)


 1  municipality; and, the total amount to be distributed to each

 2  eligible county and municipality.

 3         (16)  LOCAL GOVERNMENT COUNTY COMMISSION APPROVAL.--The

 4  Division of Pari-mutuel Wagering shall not issue any initial

 5  license under this section except upon proof in such form as

 6  the division may prescribe that the local government where the

 7  applicant for such license desires to conduct cardroom gaming

 8  has voted to approve such activity by a majority vote of the

 9  governing body of the municipality or the governing body of

10  the county if the facility is not located in a municipality a

11  majority of the county commissioners in the county where the

12  applicant for such license desires to conduct cardroom gaming

13  has voted to approve such activity within the county.

14         Section 2.  For the 2007-2008 fiscal year, four

15  full-time equivalent positions and 138,949 in associated

16  salary rate are authorized, and the sums of $230,722 in

17  recurring funds and $48,411 in nonrecurring funds are

18  appropriated from the Pari-mutuel Wagering Trust Fund of the

19  Department of Business and Professional Regulation for the

20  purpose of carrying out activities related to this act.

21         Section 3.  This act shall take effect July 1, 2007.

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