1 | A bill to be entitled |
2 | An act relating to greyhound racing permitholders; |
3 | amending s. 550.002, F.S.; revising the definition of |
4 | "full schedule of live racing or games" as it refers to |
5 | greyhound permitholders under the Florida Pari-mutuel |
6 | Wagering Act; providing for application to simulcast or |
7 | intertrack wagering, slot machine gaming, and cardroom |
8 | operations under specified provisions; amending s. |
9 | 550.054, F.S.; providing that no new greyhound racing |
10 | permits shall be issued under specified provisions after a |
11 | certain date; amending s. 550.0951, F.S.; revising |
12 | provisions for transfer by a greyhound permitholder of |
13 | specified tax credits or exemptions to another greyhound |
14 | permitholder; requiring a certain number of live |
15 | performances during a fiscal year; amending s. 849.086, |
16 | F.S.; revising requirements for renewal of a cardroom |
17 | license by a greyhound permitholder; providing an |
18 | effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Subsection (11) of section 550.002, Florida |
23 | Statutes, is amended to read: |
24 | 550.002 Definitions.--As used in this chapter, the term: |
25 | (11) "Full schedule of live racing or games" means, for a |
26 | greyhound permitholder, the conduct of no minimum number of live |
27 | performances provided that the permitholder conducted a |
28 | combination of at least 100 live evening or matinee performances |
29 | per year for at least 5 years following December 31, 2002; for a |
30 | or jai alai permitholder, the conduct of a combination of at |
31 | least 100 live evening or matinee performances during the |
32 | preceding year; for a permitholder who has a converted permit or |
33 | filed an application on or before June 1, 1990, for a converted |
34 | permit, the conduct of a combination of at least 100 live |
35 | evening and matinee wagering performances during either of the 2 |
36 | preceding years; for a jai alai permitholder who does not |
37 | operate slot machines in its pari-mutuel facility, who has |
38 | conducted at least 100 live performances per year for at least |
39 | 10 years after December 31, 1992, and whose handle on live jai |
40 | alai games conducted at its pari-mutuel facility has been less |
41 | than $4 million per state fiscal year for at least 2 consecutive |
42 | years after June 30, 1992, the conduct of a combination of at |
43 | least 40 live evening or matinee performances during the |
44 | preceding year; for a jai alai permitholder who operates slot |
45 | machines in its pari-mutuel facility, the conduct of a |
46 | combination of at least 150 performances during the preceding |
47 | year; for a harness permitholder, the conduct of at least 100 |
48 | live regular wagering performances during the preceding year; |
49 | for a quarter horse permitholder, the conduct of at least 40 |
50 | live regular wagering performances during the preceding year; |
51 | and for a thoroughbred permitholder, the conduct of at least 40 |
52 | live regular wagering performances during the preceding year. |
53 | For a permitholder which is restricted by statute to certain |
54 | operating periods within the year when other members of its same |
55 | class of permit are authorized to operate throughout the year, |
56 | the specified number of live performances which constitute a |
57 | full schedule of live racing or games shall be adjusted pro rata |
58 | in accordance with the relationship between its authorized |
59 | operating period and the full calendar year and the resulting |
60 | specified number of live performances shall constitute the full |
61 | schedule of live games for such permitholder and all other |
62 | permitholders of the same class within 100 air miles of such |
63 | permitholder. A live performance must consist of no fewer than |
64 | eight races or games conducted live for each of a minimum of |
65 | three performances each week at the permitholder's licensed |
66 | facility under a single admission charge. Notwithstanding any |
67 | other provision of law, a greyhound permitholder shall not be |
68 | required to run a minimum number of live performances of |
69 | greyhound racing in order to engage in the business of simulcast |
70 | or intertrack wagering pursuant to this chapter, slot machine |
71 | gaming pursuant to chapter 551, or cardroom operations pursuant |
72 | to s. 849.086, provided that such greyhound permitholder |
73 | conducted a combination of at least 100 live evening or matinee |
74 | performances per year for at least 5 years following December |
75 | 31, 2002. |
76 | Section 2. Subsection (14) is added to section 550.054, |
77 | Florida Statutes, to read: |
78 | 550.054 Application for permit to conduct pari-mutuel |
79 | wagering.-- |
80 | (14) Notwithstanding any other provision of law, no new |
81 | greyhound racing permits shall be issued pursuant to this |
82 | chapter on or after January 1, 2009. |
83 | Section 3. Paragraph (b) of subsection (1) of section |
84 | 550.0951, Florida Statutes, is amended to read: |
85 | 550.0951 Payment of daily license fee and taxes; |
86 | penalties.-- |
87 | (1) |
88 | (b) Each permitholder that cannot utilize the full amount |
89 | of the exemption of $360,000 or $500,000 provided in s. |
90 | 550.09514(1) or the daily license fee credit provided in this |
91 | section may, after notifying the division in writing and |
92 | provided that, if such permitholder is a greyhound permitholder, |
93 | the permitholder held a minimum of 100 live performances during |
94 | the course of the fiscal year, elect once per state fiscal year |
95 | on a form provided by the division to transfer such exemption or |
96 | credit or any portion thereof to any greyhound permitholder |
97 | which acts as a host track to such permitholder for the purpose |
98 | of intertrack wagering. Once an election to transfer such |
99 | exemption or credit is filed with the division, it shall not be |
100 | rescinded. The division shall disapprove the transfer when the |
101 | amount of the exemption or credit or portion thereof is |
102 | unavailable to the transferring permitholder or when the |
103 | permitholder who is entitled to transfer the exemption or credit |
104 | or who is entitled to receive the exemption or credit owes taxes |
105 | to the state pursuant to a deficiency letter or administrative |
106 | complaint issued by the division. Upon approval of the transfer |
107 | by the division, the transferred tax exemption or credit shall |
108 | be effective for the first performance of the next biweekly pay |
109 | period as specified in subsection (5). The exemption or credit |
110 | transferred to such host track may be applied by such host track |
111 | against any taxes imposed by this chapter or daily license fees |
112 | imposed by this chapter. The greyhound permitholder host track |
113 | to which such exemption or credit is transferred shall reimburse |
114 | such permitholder the exact monetary value of such transferred |
115 | exemption or credit as actually applied against the taxes and |
116 | daily license fees of the host track. The division shall ensure |
117 | that all transfers of exemption or credit are made in accordance |
118 | with this subsection and shall have the authority to adopt rules |
119 | to ensure the implementation of this section. |
120 | Section 4. Paragraph (b) of subsection (5) of section |
121 | 849.086, Florida Statutes, is amended to read: |
122 | 849.086 Cardrooms authorized.-- |
123 | (5) LICENSE REQUIRED; APPLICATION; FEES.--No person may |
124 | operate a cardroom in this state unless such person holds a |
125 | valid cardroom license issued pursuant to this section. |
126 | (b) After the initial cardroom license is granted, the |
127 | application for the annual license renewal shall be made in |
128 | conjunction with the applicant's annual application for its |
129 | pari-mutuel license. If a permitholder has operated a cardroom |
130 | during any of the 3 previous fiscal years and fails to include a |
131 | renewal request for the operation of the cardroom in its annual |
132 | application for license renewal, the permitholder may amend its |
133 | annual application to include operation of the cardroom. In |
134 | order for a cardroom license to be renewed if the applicant is |
135 | not a greyhound permitholder, the applicant must have requested, |
136 | as part of its pari-mutuel annual license application, to |
137 | conduct at least 90 percent of the total number of live |
138 | performances conducted by such permitholder during either the |
139 | state fiscal year in which its initial cardroom license was |
140 | issued or the state fiscal year immediately prior thereto. In |
141 | order for a cardroom license to be renewed if the applicant is a |
142 | greyhound permitholder, the applicant must have conducted a |
143 | combination of at least 100 live evening or matinee performances |
144 | per year for at least 5 years following December 31, 2002. If |
145 | the application is for a harness permitholder cardroom, the |
146 | applicant must have requested authorization to conduct a minimum |
147 | of 140 live performances during the state fiscal year |
148 | immediately prior thereto. If more than one permitholder is |
149 | operating at a facility, each permitholder must have applied for |
150 | a license to conduct a full schedule of live racing. |
151 | Section 5. This act shall take effect July 1, 2009. |