Senate Bill sb0752er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


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  2         An act relating to cardrooms; amending s.

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

  4         revising license fees; revising hours of

  5         operation; authorizing the award of certain

  6         prizes; revising betting limits; authorizing

  7         tournaments; providing tournament requirements;

  8         providing an appropriation and authorizing

  9         additional positions; providing an effective

10         date.

11  

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

13  

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

15  section 849.086, Florida Statutes, paragraph (d) of subsection

16  (5), subsections (7) and (8), paragraph (h) of subsection

17  (13), and subsection (16) of that section are amended, to

18  read:

19         849.086  Cardrooms authorized.--

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

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

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

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

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

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

26  a valid cardroom license issued pursuant to this section.

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

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

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

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

31  


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    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


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

 2  Trust Fund.

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

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

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

 6  such location may only be the location at which the

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

 8  wagering activities pursuant to such permitholder's valid

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

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

11  permitholder licensed under this section may operate a

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

13  cumulative amount of 12 hours if the permitholder meets the

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

15  operated at the facility only when the facility is authorized

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

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

18  12 midnight on any day a pari-mutuel event is conducted live

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

20  holds a valid cardroom license may operate a cardroom between

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

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

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

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

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

26  35-mile area have given their permission in writing to the

27  permitholder to operate the cardroom during the designated

28  period. Application to operate a cardroom under this paragraph

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

30  application.

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    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


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

 2  provide a nonplaying dealer for each table on which authorized

 3  card games which traditionally use utilize a dealer are

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

 5  participatory interest in any game other than the dealing of

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

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

 8  constitute be construed as constituting the conducting of a

 9  banking game by the cardroom operator.

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

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

12  specified by the cardroom operator.

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

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

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

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

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

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

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

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

21  notice of the minimum and maximum bets authorized at such

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

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

24  inspection by the division or any law enforcement agency

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

26  must will specifically include encompass the permitholder

27  internal control procedures approved by the division.

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

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

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

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


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    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


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

 2  age, except as provided in this section.

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

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

 5  negotiable currency. Games may only be played utilizing a

 6  wagering system whereby all players' money is first converted

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

 8  wagering only at that specific cardroom.

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

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

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

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

13  participation in the game shall not be included in the

14  calculation of the limitation on the bet amount provided in

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

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

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

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

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

20  exceed the maximum amount that could be wagered by a

21  participant in 10 like-kind, nontournament games under

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

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

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

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

26  Tournament chips have no cash value and represent tournament

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

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

29  otherwise determined by the cardroom operator. Tournament

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

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


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    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


 1  determined by the cardroom operator before entry fees are

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

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

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

 5  for participating in the tournament less the total amount paid

 6  to the winners or others as prizes.

 7         (13)  TAXES AND OTHER PAYMENTS.--

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

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

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

11  government that approved the cardroom under subsection (16)

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

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

14  incorporated municipality, the cardroom funds shall be

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

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

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

18  location for purposes of disbursement of tax revenues under

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

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

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

22  each cardroom licensee; the location by county of each

23  cardroom; whether the cardroom is located in the

24  unincorporated area of the county or within an incorporated

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

26  eligible county and municipality.

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

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

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

30  the division may prescribe that the local government where the

31  applicant for such license desires to conduct cardroom gaming


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    ENROLLED

    2007 Legislature       CS for CS for CS for SB 752 & CS for SB
                                               1192, 2nd Engrossed


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

 2  governing body of the municipality or the governing body of

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

 4  majority of the county commissioners in the county where the

 5  applicant for such license desires to conduct cardroom gaming

 6  has voted to approve such activity within the county.

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

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

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

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

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

12  Department of Business and Professional Regulation for the

13  purpose of carrying out activities related to this act.

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

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