| 1 | A bill to be entitled |
| 2 | An act relating to greyhound racing; amending s. 550.002, |
| 3 | F.S., which defines the term "full schedule of live racing |
| 4 | or games"; providing that a greyhound permitholder shall |
| 5 | not be required to conduct a minimum number of live |
| 6 | performances; amending s. 550.01215, F.S.; revising |
| 7 | requirements for an application for a license to conduct |
| 8 | performances; extending the period of time allowed to |
| 9 | amend certain applications; amending s. 550.054, F.S.; |
| 10 | removing a requirement for holders of certain converted |
| 11 | permits to conduct a full schedule of live racing to |
| 12 | qualify for certain tax credits; amending s. 550.0951, |
| 13 | F.S.; revising provisions for transfer by a permitholder |
| 14 | of a tax exemption or license fee credit to a greyhound |
| 15 | permitholder; establishing a tax credit pool; providing |
| 16 | for use of credits in the pool; amending s. 550.09514, |
| 17 | F.S.; revising purse requirements for greyhound racing and |
| 18 | provisions for payment of purses; amending s. 550.475, |
| 19 | F.S., relating to lease of pari-mutuel facilities by pari- |
| 20 | mutuel permitholders; revising terminology to conform to |
| 21 | changes made by the act; amending s. 550.615, F.S.; |
| 22 | revising provisions for intertrack wagering; amending ss. |
| 23 | 550.26165 and 550.6305, F.S.; conforming cross-references |
| 24 | to changes made by the act; amending s. 551.104, F.S.; |
| 25 | revising a condition of licensure for the conduct of slot |
| 26 | machine gaming; amending s. 551.114, F.S.; revising |
| 27 | requirements for designated slot machine gaming areas; |
| 28 | amending s. 849.086, F.S.; revising requirements for |
| 29 | initial and renewal issuance of a cardroom license to a |
| 30 | greyhound permitholder; providing that a minimum number of |
| 31 | requested or conducted live performances is not required |
| 32 | in order for a greyhound permitholder to maintain or renew |
| 33 | a cardroom license; providing an effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. Subsection (11) of section 550.002, Florida |
| 38 | Statutes, is amended to read: |
| 39 | 550.002 Definitions.-As used in this chapter, the term: |
| 40 | (11) "Full schedule of live racing or games" means, for a |
| 41 | greyhound or jai alai permitholder, the conduct of a combination |
| 42 | of at least 100 live evening or matinee performances during the |
| 43 | preceding year; for a permitholder who has a converted permit or |
| 44 | filed an application on or before June 1, 1990, for a converted |
| 45 | permit, the conduct of a combination of at least 100 live |
| 46 | evening and matinee wagering performances during either of the 2 |
| 47 | preceding years; for a jai alai permitholder who does not |
| 48 | operate slot machines in its pari-mutuel facility, who has |
| 49 | conducted at least 100 live performances per year for at least |
| 50 | 10 years after December 31, 1992, and whose handle on live jai |
| 51 | alai games conducted at its pari-mutuel facility has been less |
| 52 | than $4 million per state fiscal year for at least 2 consecutive |
| 53 | years after June 30, 1992, the conduct of a combination of at |
| 54 | least 40 live evening or matinee performances during the |
| 55 | preceding year; for a jai alai permitholder who operates slot |
| 56 | machines in its pari-mutuel facility, the conduct of a |
| 57 | combination of at least 150 performances during the preceding |
| 58 | year; for a harness permitholder, the conduct of at least 100 |
| 59 | live regular wagering performances during the preceding year; |
| 60 | for a quarter horse permitholder at its facility unless an |
| 61 | alternative schedule of at least 20 live regular wagering |
| 62 | performances is agreed upon by the permitholder and either the |
| 63 | Florida Quarter Horse Racing Association or the horsemen's |
| 64 | association representing the majority of the quarter horse |
| 65 | owners and trainers at the facility and filed with the division |
| 66 | along with its annual date application, in the 2010-2011 fiscal |
| 67 | year, the conduct of at least 20 regular wagering performances, |
| 68 | in the 2011-2012 and 2012-2013 fiscal years, the conduct of at |
| 69 | least 30 live regular wagering performances, and for every |
| 70 | fiscal year after the 2012-2013 fiscal year, the conduct of at |
| 71 | least 40 live regular wagering performances; for a quarter horse |
| 72 | permitholder leasing another licensed racetrack, the conduct of |
| 73 | 160 events at the leased facility; and for a thoroughbred |
| 74 | permitholder, the conduct of at least 40 live regular wagering |
| 75 | performances during the preceding year. For a permitholder which |
| 76 | is restricted by statute to certain operating periods within the |
| 77 | year when other members of its same class of permit are |
| 78 | authorized to operate throughout the year, the specified number |
| 79 | of live performances which constitute a full schedule of live |
| 80 | racing or games shall be adjusted pro rata in accordance with |
| 81 | the relationship between its authorized operating period and the |
| 82 | full calendar year and the resulting specified number of live |
| 83 | performances shall constitute the full schedule of live games |
| 84 | for such permitholder and all other permitholders of the same |
| 85 | class within 100 air miles of such permitholder. A live |
| 86 | performance must consist of no fewer than eight races or games |
| 87 | conducted live for each of a minimum of three performances each |
| 88 | week at the permitholder's licensed facility under a single |
| 89 | admission charge. Notwithstanding any other provision of law, |
| 90 | beginning with the 2011-2012 fiscal year, there shall be no |
| 91 | minimum requirement of live performances for greyhound |
| 92 | permitholders. |
| 93 | Section 2. Subsection (1) of section 550.01215, Florida |
| 94 | Statutes, is amended to read: |
| 95 | 550.01215 License application; periods of operation; bond, |
| 96 | conversion of permit.- |
| 97 | (1) Each permitholder shall annually, during the period |
| 98 | between December 15 and January 4, file in writing with the |
| 99 | division its application for a license to conduct pari-mutuel |
| 100 | wagering activities performances during the next state fiscal |
| 101 | year. Each application requesting live performances, if any, |
| 102 | shall specify the number, dates, and starting times of all |
| 103 | performances which the permitholder intends to conduct. It shall |
| 104 | also specify which performances will be conducted as charity or |
| 105 | scholarship performances. In addition, each application for a |
| 106 | license shall include, for each permitholder which elects to |
| 107 | operate a cardroom, the dates and periods of operation the |
| 108 | permitholder intends to operate the cardroom or, for each |
| 109 | thoroughbred permitholder which elects to receive or rebroadcast |
| 110 | out-of-state races after 7 p.m., the dates for all performances |
| 111 | which the permitholder intends to conduct. Permitholders may |
| 112 | shall be entitled to amend their applications through February |
| 113 | 28 or, for applications by greyhound permitholders relating to |
| 114 | the 2011-2012 fiscal year, through August 31, 2011. |
| 115 | Section 3. Paragraph (b) of subsection (14) of section |
| 116 | 550.054, Florida Statutes, is amended to read: |
| 117 | 550.054 Application for permit to conduct pari-mutuel |
| 118 | wagering.- |
| 119 | (14) |
| 120 | (b) The division, upon application from the holder of a |
| 121 | jai alai permit meeting all conditions of this section, shall |
| 122 | convert the permit and shall issue to the permitholder a permit |
| 123 | to conduct greyhound racing. A permitholder of a permit |
| 124 | converted under this section shall be required to apply for and |
| 125 | conduct a full schedule of live racing each fiscal year to be |
| 126 | eligible for any tax credit provided by this chapter. The holder |
| 127 | of a permit converted pursuant to this subsection or any holder |
| 128 | of a permit to conduct greyhound racing located in a county in |
| 129 | which it is the only permit issued pursuant to this section who |
| 130 | operates at a leased facility pursuant to s. 550.475 may move |
| 131 | the location for which the permit has been issued to another |
| 132 | location within a 30-mile radius of the location fixed in the |
| 133 | permit issued in that county, provided the move does not cross |
| 134 | the county boundary and such location is approved under the |
| 135 | zoning regulations of the county or municipality in which the |
| 136 | permit is located, and upon such relocation may use the permit |
| 137 | for the conduct of pari-mutuel wagering and the operation of a |
| 138 | cardroom. The provisions of s. 550.6305(9)(d) and (f) shall |
| 139 | apply to any permit converted under this subsection and shall |
| 140 | continue to apply to any permit which was previously included |
| 141 | under and subject to such provisions before a conversion |
| 142 | pursuant to this section occurred. |
| 143 | Section 4. Paragraph (b) of subsection (1) of section |
| 144 | 550.0951, Florida Statutes, is amended to read: |
| 145 | 550.0951 Payment of daily license fee and taxes; |
| 146 | penalties.- |
| 147 | (1) |
| 148 | (b) Each permitholder that cannot utilize the full amount |
| 149 | of the exemption of $360,000 or $500,000 provided in s. |
| 150 | 550.09514(1) or the daily license fee credit provided in this |
| 151 | section may, at any time after notifying the division in |
| 152 | writing, elect once per state fiscal year on a form provided by |
| 153 | the division, to transfer such exemption or credit or any |
| 154 | portion thereof to any greyhound permitholder which acts as a |
| 155 | host track to such permitholder for the purpose of intertrack |
| 156 | wagering. Notwithstanding any other provision of law, the |
| 157 | exemption of $360,000 or $500,000 under s. 550.09514(1) for each |
| 158 | greyhound permitholder that conducted live racing before July 1, |
| 159 | 2011, but subsequently elects not to conduct live racing during |
| 160 | a fiscal year shall be pooled, and each greyhound permitholder |
| 161 | conducting a full schedule of live racing during a fiscal year |
| 162 | is entitled to an additional tax credit in an amount equal to |
| 163 | the product of the respective permitholder's percentage share of |
| 164 | live and intertrack wagering handle under subsection (3) during |
| 165 | the preceding fiscal year and the total value of tax credits |
| 166 | available in the pool. Once an election to transfer such |
| 167 | exemption or credit is filed with the division, it shall not be |
| 168 | rescinded. The division shall disapprove the transfer when the |
| 169 | amount of the exemption or credit or portion thereof is |
| 170 | unavailable to the transferring permitholder for any reason, |
| 171 | including being unavailable because the transferring |
| 172 | permitholder did not conduct at least 100 live performances of |
| 173 | at least eight races during the fiscal year, or when the |
| 174 | permitholder who is entitled to transfer the exemption or credit |
| 175 | or who is entitled to receive the exemption or credit owes taxes |
| 176 | to the state pursuant to a deficiency letter or administrative |
| 177 | complaint issued by the division. Upon approval of the transfer |
| 178 | by the division, the transferred tax exemption or credit shall |
| 179 | be effective for the first performance of the next payment |
| 180 | period as specified in subsection (5). The exemption or credit |
| 181 | transferred to such host track may be applied by such host track |
| 182 | against any taxes imposed by this chapter or daily license fees |
| 183 | imposed by this chapter. The greyhound permitholder host track |
| 184 | to which such exemption or credit is transferred shall reimburse |
| 185 | such permitholder the exact monetary value of such transferred |
| 186 | exemption or credit as actually applied against the taxes and |
| 187 | daily license fees of the host track. The division shall ensure |
| 188 | that all transfers of exemption or credit are made in accordance |
| 189 | with this subsection and shall have the authority to adopt rules |
| 190 | to ensure the implementation of this section. |
| 191 | Section 5. Paragraphs (b), (c), and (e) of subsection (2) |
| 192 | of section 550.09514, Florida Statutes, are amended to read: |
| 193 | 550.09514 Greyhound dogracing taxes; purse requirements.- |
| 194 | (2) |
| 195 | (b) Except as otherwise set forth herein, in addition to |
| 196 | the minimum purse percentage required by paragraph (a), each |
| 197 | permitholder conducting live racing during a fiscal year shall |
| 198 | pay as purses an annual amount equal to 75 percent of the daily |
| 199 | license fees paid by each permitholder for the 1994-1995 fiscal |
| 200 | year. This purse supplement shall be disbursed weekly during the |
| 201 | permitholder's race meet in an amount determined by dividing the |
| 202 | annual purse supplement by the number of performances approved |
| 203 | for the permitholder pursuant to its annual license and |
| 204 | multiplying that amount by the number of performances conducted |
| 205 | each week. For the greyhound permitholders in the county where |
| 206 | there are two greyhound permitholders located as specified in s. |
| 207 | 550.615(6), such permitholders shall pay in the aggregate an |
| 208 | amount equal to 75 percent of the daily license fees paid by |
| 209 | such permitholders for the 1994-1995 fiscal year. These |
| 210 | permitholders shall be jointly and severally liable for such |
| 211 | purse payments. The additional purses provided by this paragraph |
| 212 | must be used exclusively for purses other than stakes. The |
| 213 | division shall conduct audits necessary to ensure compliance |
| 214 | with this section. |
| 215 | (c)1. Each greyhound permitholder when conducting at least |
| 216 | three live performances during any week shall pay purses in that |
| 217 | week on wagers it accepts as a guest track on intertrack and |
| 218 | simulcast greyhound races at the same rate as it pays on live |
| 219 | races. Each greyhound permitholder when conducting at least |
| 220 | three live performances during any week shall pay purses in that |
| 221 | week, at the same rate as it pays on live races, on wagers |
| 222 | accepted on greyhound races at a guest track which is not |
| 223 | conducting live racing and is located within the same market |
| 224 | area as the greyhound permitholder conducting at least three |
| 225 | live performances during any week. |
| 226 | 2. Each host greyhound permitholder shall pay purses on |
| 227 | its simulcast and intertrack broadcasts of greyhound races to |
| 228 | guest facilities that are located outside its market area in an |
| 229 | amount equal to one quarter of an amount determined by |
| 230 | subtracting the transmission costs of sending the simulcast or |
| 231 | intertrack broadcasts from an amount determined by adding the |
| 232 | fees received for greyhound simulcast races plus 3 percent of |
| 233 | the greyhound intertrack handle at guest facilities that are |
| 234 | located outside the market area of the host and that paid |
| 235 | contractual fees to the host for such broadcasts of greyhound |
| 236 | races. For guest greyhound permitholders not conducting live |
| 237 | racing during a fiscal year and not subject to the purse |
| 238 | requirements of subparagraph 1., 3 percent of the greyhound |
| 239 | intertrack handle shall be paid to the host greyhound |
| 240 | permitholder for payment of purses at the host track. |
| 241 | (e) In addition to the purse requirements of paragraphs |
| 242 | (a)-(c), each greyhound permitholder shall pay as purses an |
| 243 | amount equal to one-third of the amount of the tax reduction on |
| 244 | live and simulcast handle applicable to such permitholder as a |
| 245 | result of the reductions in tax rates provided by this act |
| 246 | through the amendments to s. 550.0951(3) by chapter 2000-354, |
| 247 | Laws of Florida. With respect to intertrack wagering when the |
| 248 | host and guest tracks are greyhound permitholders not within the |
| 249 | same market area, an amount equal to the tax reduction |
| 250 | applicable to the guest track handle as a result of the |
| 251 | reduction in tax rates rate provided by this act through the |
| 252 | amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws |
| 253 | of Florida, shall be distributed to the guest track, one-third |
| 254 | of which amount shall be paid as purses at those guest tracks |
| 255 | conducting live racing the guest track. However, if the guest |
| 256 | track is a greyhound permitholder within the market area of the |
| 257 | host or if the guest track is not a greyhound permitholder, an |
| 258 | amount equal to such tax reduction applicable to the guest track |
| 259 | handle shall be retained by the host track, one-third of which |
| 260 | amount shall be paid as purses at the host track. These purse |
| 261 | funds shall be disbursed in the week received if the |
| 262 | permitholder conducts at least one live performance during that |
| 263 | week. If the permitholder does not conduct at least one live |
| 264 | performance during the week in which the purse funds are |
| 265 | received, the purse funds shall be disbursed weekly during the |
| 266 | permitholder's next race meet in an amount determined by |
| 267 | dividing the purse amount by the number of performances approved |
| 268 | for the permitholder pursuant to its annual license, and |
| 269 | multiplying that amount by the number of performances conducted |
| 270 | each week. The division shall conduct audits necessary to ensure |
| 271 | compliance with this paragraph. |
| 272 | Section 6. Subsection (1) of section 550.26165, Florida |
| 273 | Statutes, is amended to read: |
| 274 | 550.26165 Breeders' awards.- |
| 275 | (1) The purpose of this section is to encourage the |
| 276 | agricultural activity of breeding and training racehorses in |
| 277 | this state. Moneys dedicated in this chapter for use as |
| 278 | breeders' awards and stallion awards are to be used for awards |
| 279 | to breeders of registered Florida-bred horses winning horseraces |
| 280 | and for similar awards to the owners of stallions who sired |
| 281 | Florida-bred horses winning stakes races, if the stallions are |
| 282 | registered as Florida stallions standing in this state. Such |
| 283 | awards shall be given at a uniform rate to all winners of the |
| 284 | awards, shall not be greater than 20 percent of the announced |
| 285 | gross purse, and shall not be less than 15 percent of the |
| 286 | announced gross purse if funds are available. In addition, no |
| 287 | less than 17 percent nor more than 40 percent, as determined by |
| 288 | the Florida Thoroughbred Breeders' Association, of the moneys |
| 289 | dedicated in this chapter for use as breeders' awards and |
| 290 | stallion awards for thoroughbreds shall be returned pro rata to |
| 291 | the permitholders that generated the moneys for special racing |
| 292 | awards to be distributed by the permitholders to owners of |
| 293 | thoroughbred horses participating in prescribed thoroughbred |
| 294 | stakes races, nonstakes races, or both, all in accordance with a |
| 295 | written agreement establishing the rate, procedure, and |
| 296 | eligibility requirements for such awards entered into by the |
| 297 | permitholder, the Florida Thoroughbred Breeders' Association, |
| 298 | and the Florida Horsemen's Benevolent and Protective |
| 299 | Association, Inc., except that the plan for the distribution by |
| 300 | any permitholder located in the area described in s. |
| 301 | 550.615(8)(9) shall be agreed upon by that permitholder, the |
| 302 | Florida Thoroughbred Breeders' Association, and the association |
| 303 | representing a majority of the thoroughbred racehorse owners and |
| 304 | trainers at that location. Awards for thoroughbred races are to |
| 305 | be paid through the Florida Thoroughbred Breeders' Association, |
| 306 | and awards for standardbred races are to be paid through the |
| 307 | Florida Standardbred Breeders and Owners Association. Among |
| 308 | other sources specified in this chapter, moneys for thoroughbred |
| 309 | breeders' awards will come from the 0.955 percent of handle for |
| 310 | thoroughbred races conducted, received, broadcast, or simulcast |
| 311 | under this chapter as provided in s. 550.2625(3). The moneys for |
| 312 | quarter horse and harness breeders' awards will come from the |
| 313 | breaks and uncashed tickets on live quarter horse and harness |
| 314 | racing performances and 1 percent of handle on intertrack |
| 315 | wagering. The funds for these breeders' awards shall be paid to |
| 316 | the respective breeders' associations by the permitholders |
| 317 | conducting the races. |
| 318 | Section 7. Section 550.475, Florida Statutes, is amended |
| 319 | to read: |
| 320 | 550.475 Lease of pari-mutuel facilities by pari-mutuel |
| 321 | permitholders.-Holders of valid pari-mutuel permits for the |
| 322 | conduct of any jai alai games, dogracing, or thoroughbred and |
| 323 | standardbred horse racing in this state are entitled to lease |
| 324 | any and all of their facilities to any other holder of a same |
| 325 | class valid pari-mutuel permit for jai alai games, dogracing, or |
| 326 | thoroughbred or standardbred horse racing, when located within a |
| 327 | 35-mile radius of each other; and such lessee is entitled to a |
| 328 | permit and license to operate its pari-mutuel wagering |
| 329 | activities race meet or jai alai games at the leased premises. |
| 330 | Section 8. Section 550.615, Florida Statutes, is amended |
| 331 | to read: |
| 332 | 550.615 Intertrack wagering.- |
| 333 | (1) Any horserace permitholder licensed under this chapter |
| 334 | which has conducted a full schedule of live racing may, at any |
| 335 | time, receive broadcasts of horseraces and accept wagers on |
| 336 | horseraces conducted by horserace permitholders licensed under |
| 337 | this chapter at its facility. |
| 338 | (2) A Any track or fronton licensed under this chapter |
| 339 | that conducted a full schedule of live racing or games which in |
| 340 | the preceding year, or any greyhound permitholder that has held |
| 341 | an annual license to conduct pari-mutuel wagering activities in |
| 342 | each of the preceding 10 years or was converted pursuant to s. |
| 343 | 550.054(14), conducted a full schedule of live racing is |
| 344 | qualified to, at any time, receive broadcasts of any class of |
| 345 | pari-mutuel race or game and accept wagers on such races or |
| 346 | games conducted by any class of permitholders licensed under |
| 347 | this chapter. |
| 348 | (3) If a permitholder elects to broadcast its signal to |
| 349 | any permitholder in this state, any permitholder that is |
| 350 | eligible to conduct intertrack wagering under the provisions of |
| 351 | ss. 550.615-550.6345 is entitled to receive the broadcast and |
| 352 | conduct intertrack wagering under this section; provided, |
| 353 | however, that the host track may require a guest track within 25 |
| 354 | miles of another permitholder to receive in any week at least 60 |
| 355 | percent of the live races that the host track is making |
| 356 | available on the days that the guest track is otherwise |
| 357 | operating live races or games. A host track may require a guest |
| 358 | track not operating live races or games and within 25 miles of |
| 359 | another permitholder to accept within any week at least 60 |
| 360 | percent of the live races that the host track is making |
| 361 | available. A person may not restrain or attempt to restrain any |
| 362 | permitholder that is otherwise authorized to conduct intertrack |
| 363 | wagering from receiving the signal of any other permitholder or |
| 364 | sending its signal to any permitholder. |
| 365 | (4) In no event shall any intertrack wager be accepted on |
| 366 | the same class of live races or games of any permitholder |
| 367 | without the written consent of such operating permitholders |
| 368 | conducting the same class of live races or games if the guest |
| 369 | track is within the market area of such operating permitholder. |
| 370 | A greyhound permitholder situated in an area described in |
| 371 | subsection (6) that accepts intertrack wagers on live greyhound |
| 372 | signals is not required to obtain the written consent required |
| 373 | by this subsection from any operating greyhound permitholder |
| 374 | within its market area. |
| 375 | (5) No permitholder within the market area of the host |
| 376 | track shall take an intertrack wager on the host track without |
| 377 | the consent of the host track. |
| 378 | (6) Notwithstanding the provisions of subsection (3), in |
| 379 | any area of the state where there are three or more horserace |
| 380 | permitholders within 25 miles of each other, intertrack wagering |
| 381 | between permitholders in said area of the state shall only be |
| 382 | authorized under the following conditions: Any permitholder, |
| 383 | other than a thoroughbred permitholder, may accept intertrack |
| 384 | wagers on races or games conducted live by a permitholder of the |
| 385 | same class or any harness permitholder located within such area |
| 386 | and any harness permitholder may accept wagers on games |
| 387 | conducted live by any jai alai permitholder located within its |
| 388 | market area and from a jai alai permitholder located within the |
| 389 | area specified in this subsection when no jai alai permitholder |
| 390 | located within its market area is conducting live jai alai |
| 391 | performances; any greyhound or jai alai permitholder may receive |
| 392 | broadcasts of and accept wagers on any permitholder of the other |
| 393 | class provided that a permitholder, other than the host track, |
| 394 | of such other class is not operating a contemporaneous live |
| 395 | performance within the market area. |
| 396 | (7) In any county of the state where there are only two |
| 397 | permits, one for dogracing and one for jai alai, no intertrack |
| 398 | wager may be taken during the period of time when a permitholder |
| 399 | is not licensed to conduct live races or games without the |
| 400 | written consent of the other permitholder that is conducting |
| 401 | live races or games. However, if neither permitholder is |
| 402 | conducting live races or games, either permitholder may accept |
| 403 | intertrack wagers on horseraces or on the same class of races or |
| 404 | games, or on both horseraces and the same class of races or |
| 405 | games as is authorized by its permit. |
| 406 | (7)(8) In any three contiguous counties of the state where |
| 407 | there are only three permitholders, all of which are greyhound |
| 408 | permitholders, If any greyhound permitholder leases the facility |
| 409 | of another greyhound permitholder for the purpose of conducting |
| 410 | all or any portion of the conduct of its live race meet pursuant |
| 411 | to s. 550.475, such lessee may conduct intertrack wagering at |
| 412 | its pre-lease permitted facility throughout the entire year, |
| 413 | including while its race live meet is being conducted at the |
| 414 | leased facility, if such permitholder has conducted a full |
| 415 | schedule of live racing during the preceding fiscal year at its |
| 416 | pre-lease permitted facility or at a leased facility, or |
| 417 | combination thereof. |
| 418 | (8)(9) In any two contiguous counties of the state in |
| 419 | which there are located only four active permits, one for |
| 420 | thoroughbred horse racing, two for greyhound dogracing, and one |
| 421 | for jai alai games, no intertrack wager may be accepted on the |
| 422 | same class of live races or games of any permitholder without |
| 423 | the written consent of such operating permitholders conducting |
| 424 | the same class of live races or games if the guest track is |
| 425 | within the market area of such operating permitholder. |
| 426 | (9)(10) All costs of receiving the transmission of the |
| 427 | broadcasts shall be borne by the guest track; and all costs of |
| 428 | sending the broadcasts shall be borne by the host track. |
| 429 | Section 9. Paragraph (g) of subsection (9) of section |
| 430 | 550.6305, Florida Statutes, is amended to read: |
| 431 | 550.6305 Intertrack wagering; guest track payments; |
| 432 | accounting rules.- |
| 433 | (9) A host track that has contracted with an out-of-state |
| 434 | horse track to broadcast live races conducted at such out-of- |
| 435 | state horse track pursuant to s. 550.3551(5) may broadcast such |
| 436 | out-of-state races to any guest track and accept wagers thereon |
| 437 | in the same manner as is provided in s. 550.3551. |
| 438 | (g)1. Any thoroughbred permitholder which accepts wagers |
| 439 | on a simulcast signal must make the signal available to any |
| 440 | permitholder that is eligible to conduct intertrack wagering |
| 441 | under the provisions of ss. 550.615-550.6345. |
| 442 | 2. Any thoroughbred permitholder which accepts wagers on a |
| 443 | simulcast signal received after 6 p.m. must make such signal |
| 444 | available to any permitholder that is eligible to conduct |
| 445 | intertrack wagering under the provisions of ss. 550.615- |
| 446 | 550.6345, including any permitholder located as specified in s. |
| 447 | 550.615(6). Such guest permitholders are authorized to accept |
| 448 | wagers on such simulcast signal, notwithstanding any other |
| 449 | provision of this chapter to the contrary. |
| 450 | 3. Any thoroughbred permitholder which accepts wagers on a |
| 451 | simulcast signal received after 6 p.m. must make such signal |
| 452 | available to any permitholder that is eligible to conduct |
| 453 | intertrack wagering under the provisions of ss. 550.615- |
| 454 | 550.6345, including any permitholder located as specified in s. |
| 455 | 550.615(8)(9). Such guest permitholders are authorized to accept |
| 456 | wagers on such simulcast signals for a number of performances |
| 457 | not to exceed that which constitutes a full schedule of live |
| 458 | races for a quarter horse permitholder pursuant to s. |
| 459 | 550.002(11), notwithstanding any other provision of this chapter |
| 460 | to the contrary, except that the restrictions provided in s. |
| 461 | 550.615(8)(9)(a) apply to wagers on such simulcast signals. |
| 462 |
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| 463 | No thoroughbred permitholder shall be required to continue to |
| 464 | rebroadcast a simulcast signal to any in-state permitholder if |
| 465 | the average per performance gross receipts returned to the host |
| 466 | permitholder over the preceding 30-day period were less than |
| 467 | $100. Subject to the provisions of s. 550.615(4), as a condition |
| 468 | of receiving rebroadcasts of thoroughbred simulcast signals |
| 469 | under this paragraph, a guest permitholder must accept |
| 470 | intertrack wagers on all live races conducted by all then- |
| 471 | operating thoroughbred permitholders. |
| 472 | Section 10. Paragraph (c) of subsection (4) of section |
| 473 | 551.104, Florida Statutes, is amended to read: |
| 474 | 551.104 License to conduct slot machine gaming.- |
| 475 | (4) As a condition of licensure and to maintain continued |
| 476 | authority for the conduct of slot machine gaming, the slot |
| 477 | machine licensee shall: |
| 478 | (c) Conduct no fewer than a full schedule of live racing |
| 479 | or games as defined in s. 550.002(11), except for holders of |
| 480 | greyhound permits, which have no live racing requirement. A |
| 481 | permitholder's responsibility to conduct such number of live |
| 482 | races or games shall be reduced by the number of races or games |
| 483 | that could not be conducted due to the direct result of fire, |
| 484 | war, hurricane, or other disaster or event beyond the control of |
| 485 | the permitholder. |
| 486 | Section 11. Subsections (2) and (4) of section 551.114, |
| 487 | Florida Statutes, are amended to read: |
| 488 | 551.114 Slot machine gaming areas.- |
| 489 | (2) The slot machine licensee shall display pari-mutuel |
| 490 | races or games within the designated slot machine gaming areas |
| 491 | and offer patrons within the designated slot machine gaming |
| 492 | areas the ability to engage in pari-mutuel wagering on any live, |
| 493 | intertrack, and simulcast races conducted or offered to patrons |
| 494 | of the licensed facility. |
| 495 | (4) Designated slot machine gaming areas may be located |
| 496 | within the current live gaming facility or in an existing |
| 497 | building that must be contiguous and connected to the live |
| 498 | gaming facility, if applicable. If a designated slot machine |
| 499 | gaming area is to be located in a building that is to be |
| 500 | constructed, that new building must be contiguous and connected |
| 501 | to the live gaming facility. |
| 502 | Section 12. Paragraphs (a) and (b) of subsection (5) and |
| 503 | paragraph (d) of subsection (13) of section 849.086, Florida |
| 504 | Statutes, are amended to read: |
| 505 | 849.086 Cardrooms authorized.- |
| 506 | (5) LICENSE REQUIRED; APPLICATION; FEES.-No person may |
| 507 | operate a cardroom in this state unless such person holds a |
| 508 | valid cardroom license issued pursuant to this section. |
| 509 | (a) Only those persons holding a valid cardroom license |
| 510 | issued by the division may operate a cardroom. A cardroom |
| 511 | license may only be issued to a licensed pari-mutuel |
| 512 | permitholder and an authorized cardroom may only be operated at |
| 513 | the same facility at which the permitholder is authorized under |
| 514 | its valid pari-mutuel wagering permit to conduct pari-mutuel |
| 515 | wagering activities. An initial cardroom license shall be issued |
| 516 | to a pari-mutuel permitholder only after its facilities are in |
| 517 | place and after it conducts its first day of live racing or |
| 518 | games or, for a greyhound permitholder, only after it has |
| 519 | conducted a full schedule of live racing in each of the |
| 520 | preceding 10 years or after it was converted pursuant to s. |
| 521 | 550.054(14). |
| 522 | (b) After the initial cardroom license is granted, the |
| 523 | application for the annual license renewal shall be made in |
| 524 | conjunction with the applicant's annual application for its |
| 525 | pari-mutuel license. If a permitholder has operated a cardroom |
| 526 | during any of the 3 previous fiscal years and fails to include a |
| 527 | renewal request for the operation of the cardroom in its annual |
| 528 | application for license renewal, the permitholder may amend its |
| 529 | annual application to include operation of the cardroom. Except |
| 530 | for greyhound permitholders, in order for a cardroom license to |
| 531 | be renewed the applicant must have requested, as part of its |
| 532 | pari-mutuel annual license application, to conduct at least 90 |
| 533 | percent of the total number of live performances conducted by |
| 534 | such permitholder during either the state fiscal year in which |
| 535 | its initial cardroom license was issued or the state fiscal year |
| 536 | immediately prior thereto if the permitholder ran at least a |
| 537 | full schedule of live racing or games in the prior year. If the |
| 538 | application is for a harness permitholder cardroom, the |
| 539 | applicant must have requested authorization to conduct a minimum |
| 540 | of 140 live performances during the state fiscal year |
| 541 | immediately prior thereto. If more than one permitholder is |
| 542 | operating at a facility, each permitholder must have applied for |
| 543 | a license to conduct a full schedule of live racing. However, a |
| 544 | minimum number of requested or conducted live performances is |
| 545 | not required in order for a greyhound permitholder to maintain |
| 546 | or renew a cardroom license. |
| 547 | (13) TAXES AND OTHER PAYMENTS.- |
| 548 | (d)1. Each greyhound and jai alai permitholder that |
| 549 | operates a cardroom facility shall use at least 4 percent of |
| 550 | such permitholder's cardroom monthly gross receipts to |
| 551 | supplement greyhound purses if live racing is conducted during a |
| 552 | fiscal year, or jai alai prize money, respectively, during the |
| 553 | permitholder's current or next ensuing pari-mutuel meet. |
| 554 | 2. Each thoroughbred and harness horse racing permitholder |
| 555 | that operates a cardroom facility shall use at least 50 percent |
| 556 | of such permitholder's cardroom monthly net proceeds as follows: |
| 557 | 47 percent to supplement purses and 3 percent to supplement |
| 558 | breeders' awards during the permitholder's next ensuing racing |
| 559 | meet. |
| 560 | 3. No cardroom license or renewal thereof shall be issued |
| 561 | to an applicant holding a permit under chapter 550 to conduct |
| 562 | pari-mutuel wagering meets of quarter horse racing unless the |
| 563 | applicant has on file with the division a binding written |
| 564 | agreement between the applicant and the Florida Quarter Horse |
| 565 | Racing Association or the association representing a majority of |
| 566 | the horse owners and trainers at the applicant's eligible |
| 567 | facility, governing the payment of purses on live quarter horse |
| 568 | races conducted at the licensee's pari-mutuel facility. The |
| 569 | agreement governing purses may direct the payment of such purses |
| 570 | from revenues generated by any wagering or gaming the applicant |
| 571 | is authorized to conduct under Florida law. All purses shall be |
| 572 | subject to the terms of chapter 550. |
| 573 | Section 13. This act shall take effect July 1, 2011. |