Florida Senate - 2009 SB 2594 By Senator Gaetz 4-01634A-09 20092594__ 1 A bill to be entitled 2 An act relating to pari-mutuel wagering; amending s. 3 550.002, F.S.; revising a definition; providing that a 4 greyhound permitholder who meets certain requirements 5 may engage in specific wagering activities without 6 meeting a minimum number of live performances; 7 amending s. 550.054, F.S.; imposing a moratorium on 8 the issuance of new greyhound racing permits; amending 9 s. 550.0951, F.S.; conforming provisions; amending s. 10 849.086, F.S.; revising the number of live 11 performances that a greyhound permitholder must 12 conduct in order to renew a cardroom license; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (11) of section 550.002, Florida 18 Statutes, is amended to read: 19 550.002 Definitions.—As used in this chapter, the term: 20 (11) “Full schedule of live racing or games” means, for a 21 greyhound permitholder, the conduct of no minimum number of live 22 performances if the permitholder conducted a combination of at 23 least 100 live evening or matinee performances per year for at 24 least 5 years after December 31, 2002; for aorjai alai 25 permitholder, the conduct of a combination of at least 100 live 26 evening or matinee performances during the preceding year; for a 27 permitholder who has a converted permit or filed an application 28 on or before June 1, 1990, for a converted permit, the conduct 29 of a combination of at least 100 live evening and matinee 30 wagering performances during either of the 2 preceding years; 31 for a jai alai permitholder who does not operate slot machines 32 in its pari-mutuel facility, who has conducted at least 100 live 33 performances per year for at least 10 years after December 31, 34 1992, and whose handle on live jai alai games conducted at its 35 pari-mutuel facility has been less than $4 million per state 36 fiscal year for at least 2 consecutive years after June 30, 37 1992, the conduct of a combination of at least 40 live evening 38 or matinee performances during the preceding year; for a jai 39 alai permitholder who operates slot machines in its pari-mutuel 40 facility, the conduct of a combination of at least 150 41 performances during the preceding year; for a harness 42 permitholder, the conduct of at least 100 live regular wagering 43 performances during the preceding year; for a quarter horse 44 permitholder, the conduct of at least 40 live regular wagering 45 performances during the preceding year; and for a thoroughbred 46 permitholder, the conduct of at least 40 live regular wagering 47 performances during the preceding year. For a permitholder which 48 is restricted by statute to certain operating periods within the 49 year when other members of its same class of permit are 50 authorized to operate throughout the year, the specified number 51 of live performances which constitute a full schedule of live 52 racing or games shall be adjusted pro rata in accordance with 53 the relationship between its authorized operating period and the 54 full calendar year and the resulting specified number of live 55 performances shall constitute the full schedule of live games 56 for such permitholder and all other permitholders of the same 57 class within 100 air miles of such permitholder. A live 58 performance must consist of no fewer than eight races or games 59 conducted live for each of a minimum of three performances each 60 week at the permitholder's licensed facility under a single 61 admission charge. Notwithstanding any provision of law to the 62 contrary, a greyhound permitholder may not be required to run a 63 minimum number of live performances of greyhound racing to 64 engage in simulcast or intertrack wagering pursuant to this 65 chapter, slot machine gaming pursuant to chapter 551, or 66 cardroom operations pursuant to s. 849.086, if the greyhound 67 permitholder conducted a combination of at least 100 live 68 evening or matinee performances per year for at least 5 years 69 after December 31, 2002. 70 Section 2. Subsection (14) is added to section 550.054, 71 Florida Statutes, to read: 72 550.054 Application for permit to conduct pari-mutuel 73 wagering.— 74 (14) Notwithstanding any provision of law to the contrary, 75 new greyhound racing permits may not be issued pursuant to this 76 chapter on or after July 1, 2009. 77 Section 3. Paragraph (b) of subsection (1) of section 78 550.0951, Florida Statutes, is amended to read: 79 550.0951 Payment of daily license fee and taxes; 80 penalties.— 81 (1) 82 (b) Each permitholder that cannot utilize the full amount 83 of the exemption of $360,000 or $500,000 provided in s. 84 550.09514(1) or the daily license fee credit provided in this 85 section may, after notifying the division in writing, elect once 86 per state fiscal year on a form provided by the division to 87 transfer such exemption or credit or any portion thereof to any 88 greyhound permitholder which acts as a host track to such 89 permitholder for the purpose of intertrack wagering; however 90 this provision applies to a greyhound permitholder only if such 91 permitholder held 100 or more live performances during the 92 fiscal year. Once an election to transfer such exemption or 93 credit is filed with the division, it shall not be rescinded. 94 The division shall disapprove the transfer when the amount of 95 the exemption or credit or portion thereof is unavailable to the 96 transferring permitholder or when the permitholder who is 97 entitled to transfer the exemption or credit or who is entitled 98 to receive the exemption or credit owes taxes to the state 99 pursuant to a deficiency letter or administrative complaint 100 issued by the division. Upon approval of the transfer by the 101 division, the transferred tax exemption or credit shall be 102 effective for the first performance of the next biweekly pay 103 period as specified in subsection (5). The exemption or credit 104 transferred to such host track may be applied by such host track 105 against any taxes imposed by this chapter or daily license fees 106 imposed by this chapter. The greyhound permitholder host track 107 to which such exemption or credit is transferred shall reimburse 108 such permitholder the exact monetary value of such transferred 109 exemption or credit as actually applied against the taxes and 110 daily license fees of the host track. The division shall ensure 111 that all transfers of exemption or credit are made in accordance 112 with this subsection and shall have the authority to adopt rules 113 to ensure the implementation of this section. 114 Section 4. Paragraph (b) of subsection (5) of section 115 849.086, Florida Statutes, is amended to read: 116 849.086 Cardrooms authorized.— 117 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may 118 operate a cardroom in this state unless such person holds a 119 valid cardroom license issued pursuant to this section. 120 (b) After the initial cardroom license is granted, the 121 application for the annual license renewal shall be made in 122 conjunction with the applicant's annual application for its 123 pari-mutuel license. If a permitholder has operated a cardroom 124 during any of the 3 previous fiscal years and fails to include a 125 renewal request for the operation of the cardroom in its annual 126 application for license renewal, the permitholder may amend its 127 annual application to include operation of the cardroom. In 128 order for a cardroom license to be renewed, antheapplicant who 129 is not a greyhound permitholder must have requested, as part of 130 its pari-mutuel annual license application, to conduct at least 131 90 percent of the total number of live performances conducted by 132 such permitholder during either the state fiscal year in which 133 its initial cardroom license was issued or the state fiscal year 134 immediately prior thereto. If the application is for a harness 135 permitholder cardroom, the applicant must have requested 136 authorization to conduct a minimum of 140 live performances 137 during the state fiscal year immediately prior thereto. An 138 applicant who is a greyhound permitholder must have conducted a 139 combination of at least 100 live evening or matinee performances 140 per year for at least 5 years after December 31, 2002, in order 141 to qualify for a cardroom license renewal. If more than one 142 permitholder is operating at a facility, each permitholder must 143 have applied for a license to conduct a full schedule of live 144 racing. 145 Section 5. This act shall take effect July 1, 2009.