CS/CS/CS/HB 1145

1
A bill to be entitled
2An act relating to greyhound racing; amending s. 550.002,
3F.S., which defines the term "full schedule of live racing
4or games"; providing that a greyhound permitholder shall
5not be required to conduct a minimum number of live
6performances; amending s. 550.01215, F.S.; revising
7requirements for an application for a license to conduct
8performances; extending the period of time allowed to
9amend certain applications; amending s. 550.054, F.S.;
10removing a requirement for holders of certain converted
11permits to conduct a full schedule of live racing to
12qualify for certain tax credits; amending s. 550.0951,
13F.S.; deleting provisions relating to transfer of certain
14unused exemptions or credits; amending s. 550.09514, F.S.;
15providing for transfer of certain unused exemptions or
16credits; revising purse requirements for greyhound racing
17and provisions for payment of purses; amending s. 550.475,
18F.S., relating to lease of pari-mutuel facilities by pari-
19mutuel permitholders; revising terminology to conform to
20changes made by the act; amending s. 550.615, F.S.;
21revising provisions for intertrack wagering; amending ss.
22550.26165 and 550.6305, F.S.; conforming cross-references
23to changes made by the act; amending s. 551.104, F.S.;
24revising a condition of licensure for the conduct of slot
25machine gaming; amending s. 551.114, F.S.; revising
26requirements for designated slot machine gaming areas;
27amending s. 849.086, F.S.; revising requirements for
28initial and renewal issuance of a cardroom license to a
29greyhound permitholder; providing that a minimum number of
30requested or conducted live performances is not required
31in order for a greyhound permitholder to maintain or renew
32a cardroom license; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Subsection (11) of section 550.002, Florida
37Statutes, is amended to read:
38     550.002  Definitions.-As used in this chapter, the term:
39     (11)  "Full schedule of live racing or games" means, for a
40greyhound or jai alai permitholder, the conduct of a combination
41of at least 100 live evening or matinee performances during the
42preceding year; for a permitholder who has a converted permit or
43filed an application on or before June 1, 1990, for a converted
44permit, the conduct of a combination of at least 100 live
45evening and matinee wagering performances during either of the 2
46preceding years; for a jai alai permitholder who does not
47operate slot machines in its pari-mutuel facility, who has
48conducted at least 100 live performances per year for at least
4910 years after December 31, 1992, and whose handle on live jai
50alai games conducted at its pari-mutuel facility has been less
51than $4 million per state fiscal year for at least 2 consecutive
52years after June 30, 1992, the conduct of a combination of at
53least 40 live evening or matinee performances during the
54preceding year; for a jai alai permitholder who operates slot
55machines in its pari-mutuel facility, the conduct of a
56combination of at least 150 performances during the preceding
57year; for a harness permitholder, the conduct of at least 100
58live regular wagering performances during the preceding year;
59for a quarter horse permitholder at its facility unless an
60alternative schedule of at least 20 live regular wagering
61performances is agreed upon by the permitholder and either the
62Florida Quarter Horse Racing Association or the horsemen's
63association representing the majority of the quarter horse
64owners and trainers at the facility and filed with the division
65along with its annual date application, in the 2010-2011 fiscal
66year, the conduct of at least 20 regular wagering performances,
67in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
68least 30 live regular wagering performances, and for every
69fiscal year after the 2012-2013 fiscal year, the conduct of at
70least 40 live regular wagering performances; for a quarter horse
71permitholder leasing another licensed racetrack, the conduct of
72160 events at the leased facility; and for a thoroughbred
73permitholder, the conduct of at least 40 live regular wagering
74performances during the preceding year. For a permitholder which
75is restricted by statute to certain operating periods within the
76year when other members of its same class of permit are
77authorized to operate throughout the year, the specified number
78of live performances which constitute a full schedule of live
79racing or games shall be adjusted pro rata in accordance with
80the relationship between its authorized operating period and the
81full calendar year and the resulting specified number of live
82performances shall constitute the full schedule of live games
83for such permitholder and all other permitholders of the same
84class within 100 air miles of such permitholder. A live
85performance must consist of no fewer than eight races or games
86conducted live for each of a minimum of three performances each
87week at the permitholder's licensed facility under a single
88admission charge. Notwithstanding any other provision of law,
89beginning with the 2011-2012 fiscal year, there shall be no
90minimum requirement of live performances for greyhound
91permitholders.
92     Section 2.  Subsection (1) of section 550.01215, Florida
93Statutes, is amended to read:
94     550.01215  License application; periods of operation; bond,
95conversion of permit.-
96     (1)  Each permitholder shall annually, during the period
97between December 15 and January 4, file in writing with the
98division its application for a license to conduct pari-mutuel
99wagering activities performances during the next state fiscal
100year. Each application requesting live performances, if any,
101shall specify the number, dates, and starting times of all
102performances which the permitholder intends to conduct. It shall
103also specify which performances will be conducted as charity or
104scholarship performances. In addition, each application for a
105license shall include, for each permitholder which elects to
106operate a cardroom, the dates and periods of operation the
107permitholder intends to operate the cardroom or, for each
108thoroughbred permitholder which elects to receive or rebroadcast
109out-of-state races after 7 p.m., the dates for all performances
110which the permitholder intends to conduct. A greyhound
111permitholder may receive a license to conduct pari-mutuel
112wagering activities at a licensed greyhound facility pursuant to
113s. 550.475. Permitholders may shall be entitled to amend their
114applications through February 28 or, for applications by
115greyhound permitholders relating to the 2011-2012 fiscal year,
116through August 31, 2011.
117     Section 3.  Paragraph (b) of subsection (14) of section
118550.054, Florida Statutes, is amended to read:
119     550.054  Application for permit to conduct pari-mutuel
120wagering.-
121     (14)
122     (b)  The division, upon application from the holder of a
123jai alai permit meeting all conditions of this section, shall
124convert the permit and shall issue to the permitholder a permit
125to conduct greyhound racing. A permitholder of a permit
126converted under this section shall be required to apply for and
127conduct a full schedule of live racing each fiscal year to be
128eligible for any tax credit provided by this chapter. The holder
129of a permit converted pursuant to this subsection or any holder
130of a permit to conduct greyhound racing located in a county in
131which it is the only permit issued pursuant to this section who
132operates at a leased facility pursuant to s. 550.475 may move
133the location for which the permit has been issued to another
134location within a 30-mile radius of the location fixed in the
135permit issued in that county, provided the move does not cross
136the county boundary and such location is approved under the
137zoning regulations of the county or municipality in which the
138permit is located, and upon such relocation may use the permit
139for the conduct of pari-mutuel wagering and the operation of a
140cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
141apply to any permit converted under this subsection and shall
142continue to apply to any permit which was previously included
143under and subject to such provisions before a conversion
144pursuant to this section occurred.
145     Section 4.  Subsection (1) of section 550.0951, Florida
146Statutes, is amended to read:
147     550.0951  Payment of daily license fee and taxes;
148penalties.-
149     (1)(a)  DAILY LICENSE FEE.-Each person engaged in the
150business of conducting race meetings or jai alai games under
151this chapter, hereinafter referred to as the "permitholder,"
152"licensee," or "permittee," shall pay to the division, for the
153use of the division, a daily license fee on each live or
154simulcast pari-mutuel event of $100 for each horserace and $80
155for each dograce and $40 for each jai alai game conducted at a
156racetrack or fronton licensed under this chapter. In addition to
157the tax exemption specified in s. 550.09514(1) of $360,000 or
158$500,000 per greyhound permitholder per state fiscal year, each
159greyhound permitholder shall receive in the current state fiscal
160year a tax credit equal to the number of live greyhound races
161conducted in the previous state fiscal year times the daily
162license fee specified for each dograce in this subsection
163applicable for the previous state fiscal year. This tax credit
164and the exemption in s. 550.09514(1) shall be applicable to any
165tax imposed by this chapter or the daily license fees imposed by
166this chapter except during any charity or scholarship
167performances conducted pursuant to s. 550.0351. Each
168permitholder shall pay daily license fees not to exceed $500 per
169day on any simulcast races or games on which such permitholder
170accepts wagers regardless of the number of out-of-state events
171taken or the number of out-of-state locations from which such
172events are taken. This license fee shall be deposited with the
173Chief Financial Officer to the credit of the Pari-mutuel
174Wagering Trust Fund.
175     (b)  Each permitholder that cannot utilize the full amount
176of the exemption of $360,000 or $500,000 provided in s.
177550.09514(1) or the daily license fee credit provided in this
178section may, after notifying the division in writing, elect once
179per state fiscal year on a form provided by the division, to
180transfer such exemption or credit or any portion thereof to any
181greyhound permitholder which acts as a host track to such
182permitholder for the purpose of intertrack wagering. Once an
183election to transfer such exemption or credit is filed with the
184division, it shall not be rescinded. The division shall
185disapprove the transfer when the amount of the exemption or
186credit or portion thereof is unavailable to the transferring
187permitholder or when the permitholder who is entitled to
188transfer the exemption or credit or who is entitled to receive
189the exemption or credit owes taxes to the state pursuant to a
190deficiency letter or administrative complaint issued by the
191division. Upon approval of the transfer by the division, the
192transferred tax exemption or credit shall be effective for the
193first performance of the next payment period as specified in
194subsection (5). The exemption or credit transferred to such host
195track may be applied by such host track against any taxes
196imposed by this chapter or daily license fees imposed by this
197chapter. The greyhound permitholder host track to which such
198exemption or credit is transferred shall reimburse such
199permitholder the exact monetary value of such transferred
200exemption or credit as actually applied against the taxes and
201daily license fees of the host track. The division shall ensure
202that all transfers of exemption or credit are made in accordance
203with this subsection and shall have the authority to adopt rules
204to ensure the implementation of this section.
205     Section 5.  Subsection (1) and paragraphs (b), (c), and (e)
206of subsection (2) of section 550.09514, Florida Statutes, are
207amended to read:
208     550.09514  Greyhound dogracing taxes; purse requirements.-
209     (1)(a)  Wagering on greyhound racing is subject to a tax on
210handle for live greyhound racing as specified in s. 550.0951(3).
211However, each permitholder shall pay no tax on handle until such
212time as this subsection has resulted in a tax savings per state
213fiscal year of $360,000. Thereafter, each permitholder shall pay
214the tax as specified in s. 550.0951(3) on all handle for the
215remainder of the permitholder's current race meet. For the three
216permitholders that conducted a full schedule of live racing in
2171995, and are closest to another state that authorizes greyhound
218pari-mutuel wagering, the maximum tax savings per state fiscal
219year shall be $500,000. The provisions of this subsection
220relating to tax exemptions shall not apply to any charity or
221scholarship performances conducted pursuant to s. 550.0351.
222     (b)  Each permitholder licensed to conduct at least 100
223live performances of at least eight races during a fiscal year
224who cannot use the full amount of the exemption of $360,000 or
225$500,000 provided in paragraph (a) or the daily license fee
226credit provided in s. 550.0951(1) may, at any time after
227notifying the division in writing on a form provided by the
228division, transfer such exemption or credit or any portion
229thereof to any greyhound permitholder that acts as a host track
230to such permitholder for the purpose of intertrack wagering.
231Once an election to transfer such exemption or credit is filed
232with the division, it may not be rescinded. The division shall
233disapprove the transfer when the amount of the exemption or
234credit or portion thereof is unavailable to the transferring
235permitholder for any reason, including being unavailable because
236the transferring permitholder is not licensed to conduct at
237least 100 live performances of at least eight races during the
238fiscal year, or when the permitholder who is entitled to
239transfer the exemption or credit or who is entitled to receive
240the exemption or credit owes taxes to the state pursuant to a
241deficiency letter or administrative complaint issued by the
242division. The greyhound permitholder host track to which such
243exemption or credit is transferred shall reimburse such
244permitholder the exact monetary value of such transferred
245exemption or credit as actually applied against the taxes and
246daily license fees of the host track.
247     (c)  Each permitholder who is not licensed to conduct at
248least 100 live performances of at least eight races during a
249fiscal year forfeits the exemption of $360,000 or $500,000
250provided in paragraph (a). Annually, the division shall pool
251such forfeited exemptions from permitholders who conducted live
252racing during fiscal year 2010-2011. Each greyhound permitholder
253who is licensed to conduct at least 100 live performances of at
254least eight races during the fiscal year is entitled to an
255additional tax credit in an amount equal to the product of the
256respective permitholder's percentage share of live and
257intertrack wagering handle under s. 550.0951(3) during the
258previous fiscal year and 72 percent of the total value of tax
259credits available in the pool for fiscal year 2011-2012, or 62
260percent of the total value of tax credits available in the pool
261for fiscal years after fiscal year 2011-2012.
262     (d)  Upon approval of a transfer under paragraph (b) or
263additional credit under paragraph (c) by the division, the tax
264exemption or credit shall be effective for the first performance
265of the next payment period as specified in s. 550.0951(5).
266     (e)  Exemptions or credits issued or transferred pursuant
267to this subsection may be applied against any taxes imposed by
268this chapter or daily license fees imposed by this chapter,
269except during any charity or scholarship performances conducted
270pursuant to s. 550.0351. No credit or exemption authorized under
271this section or s. 550.0951 shall carry forward to subsequent
272fiscal years. The division shall ensure that all transfers of
273exemptions or credits are made in accordance with this
274subsection and shall have the authority to adopt rules to ensure
275the implementation of this section.
276     (2)
277     (b)  Except as otherwise set forth herein, in addition to
278the minimum purse percentage required by paragraph (a), each
279permitholder conducting live racing during a fiscal year shall
280pay as purses an annual amount equal to 75 percent of the daily
281license fees paid by each permitholder for the 1994-1995 fiscal
282year. This purse supplement shall be disbursed weekly during the
283permitholder's race meet in an amount determined by dividing the
284annual purse supplement by the number of performances approved
285for the permitholder pursuant to its annual license and
286multiplying that amount by the number of performances conducted
287each week. For the greyhound permitholders in the county where
288there are two greyhound permitholders located as specified in s.
289550.615(6), such permitholders shall pay in the aggregate an
290amount equal to 75 percent of the daily license fees paid by
291such permitholders for the 1994-1995 fiscal year. These
292permitholders shall be jointly and severally liable for such
293purse payments. The additional purses provided by this paragraph
294must be used exclusively for purses other than stakes. The
295division shall conduct audits necessary to ensure compliance
296with this section.
297     (c)1.  Each greyhound permitholder when conducting at least
298three live performances during any week shall pay purses in that
299week on wagers it accepts as a guest track on intertrack and
300simulcast greyhound races at the same rate as it pays on live
301races. Each greyhound permitholder when conducting at least
302three live performances during any week shall pay purses in that
303week, at the same rate as it pays on live races, on wagers
304accepted on greyhound races at a guest track which is not
305conducting live racing and is located within the same market
306area as the greyhound permitholder conducting at least three
307live performances during any week.
308     2.  Each host greyhound permitholder shall pay purses on
309its simulcast and intertrack broadcasts of greyhound races to
310guest facilities that are located outside its market area in an
311amount equal to one quarter of an amount determined by
312subtracting the transmission costs of sending the simulcast or
313intertrack broadcasts from an amount determined by adding the
314fees received for greyhound simulcast races plus 3 percent of
315the greyhound intertrack handle at guest facilities that are
316located outside the market area of the host and that paid
317contractual fees to the host for such broadcasts of greyhound
318races. For guest greyhound permitholders not conducting live
319racing during a fiscal year and not subject to the purse
320requirements of subparagraph 1., 3 percent of the greyhound
321intertrack handle shall be paid to the host greyhound
322permitholder for payment of purses at the host track.
323     (e)  In addition to the purse requirements of paragraphs
324(a)-(c), each greyhound permitholder shall pay as purses an
325amount equal to one-third of the amount of the tax reduction on
326live and simulcast handle applicable to such permitholder as a
327result of the reductions in tax rates provided by this act
328through the amendments to s. 550.0951(3) by chapter 2000-354,
329Laws of Florida. With respect to intertrack wagering when the
330host and guest tracks are greyhound permitholders not within the
331same market area, an amount equal to the tax reduction
332applicable to the guest track handle as a result of the
333reduction in tax rates rate provided by this act through the
334amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws
335of Florida, shall be distributed to the guest track, one-third
336of which amount shall be paid as purses at those guest tracks
337conducting live racing the guest track. However, if the guest
338track is a greyhound permitholder within the market area of the
339host or if the guest track is not a greyhound permitholder, an
340amount equal to such tax reduction applicable to the guest track
341handle shall be retained by the host track, one-third of which
342amount shall be paid as purses at the host track. These purse
343funds shall be disbursed in the week received if the
344permitholder conducts at least one live performance during that
345week. If the permitholder does not conduct at least one live
346performance during the week in which the purse funds are
347received, the purse funds shall be disbursed weekly during the
348permitholder's next race meet in an amount determined by
349dividing the purse amount by the number of performances approved
350for the permitholder pursuant to its annual license, and
351multiplying that amount by the number of performances conducted
352each week. The division shall conduct audits necessary to ensure
353compliance with this paragraph.
354     Section 6.  Subsection (1) of section 550.26165, Florida
355Statutes, is amended to read:
356     550.26165  Breeders' awards.-
357     (1)  The purpose of this section is to encourage the
358agricultural activity of breeding and training racehorses in
359this state. Moneys dedicated in this chapter for use as
360breeders' awards and stallion awards are to be used for awards
361to breeders of registered Florida-bred horses winning horseraces
362and for similar awards to the owners of stallions who sired
363Florida-bred horses winning stakes races, if the stallions are
364registered as Florida stallions standing in this state. Such
365awards shall be given at a uniform rate to all winners of the
366awards, shall not be greater than 20 percent of the announced
367gross purse, and shall not be less than 15 percent of the
368announced gross purse if funds are available. In addition, no
369less than 17 percent nor more than 40 percent, as determined by
370the Florida Thoroughbred Breeders' Association, of the moneys
371dedicated in this chapter for use as breeders' awards and
372stallion awards for thoroughbreds shall be returned pro rata to
373the permitholders that generated the moneys for special racing
374awards to be distributed by the permitholders to owners of
375thoroughbred horses participating in prescribed thoroughbred
376stakes races, nonstakes races, or both, all in accordance with a
377written agreement establishing the rate, procedure, and
378eligibility requirements for such awards entered into by the
379permitholder, the Florida Thoroughbred Breeders' Association,
380and the Florida Horsemen's Benevolent and Protective
381Association, Inc., except that the plan for the distribution by
382any permitholder located in the area described in s.
383550.615(8)(9) shall be agreed upon by that permitholder, the
384Florida Thoroughbred Breeders' Association, and the association
385representing a majority of the thoroughbred racehorse owners and
386trainers at that location. Awards for thoroughbred races are to
387be paid through the Florida Thoroughbred Breeders' Association,
388and awards for standardbred races are to be paid through the
389Florida Standardbred Breeders and Owners Association. Among
390other sources specified in this chapter, moneys for thoroughbred
391breeders' awards will come from the 0.955 percent of handle for
392thoroughbred races conducted, received, broadcast, or simulcast
393under this chapter as provided in s. 550.2625(3). The moneys for
394quarter horse and harness breeders' awards will come from the
395breaks and uncashed tickets on live quarter horse and harness
396racing performances and 1 percent of handle on intertrack
397wagering. The funds for these breeders' awards shall be paid to
398the respective breeders' associations by the permitholders
399conducting the races.
400     Section 7.  Section 550.475, Florida Statutes, is amended
401to read:
402     550.475  Lease of pari-mutuel facilities by pari-mutuel
403permitholders.-Holders of valid pari-mutuel permits for the
404conduct of any jai alai games, dogracing, or thoroughbred and
405standardbred horse racing in this state are entitled to lease
406any and all of their facilities to any other holder of a same
407class valid pari-mutuel permit for jai alai games, dogracing, or
408thoroughbred or standardbred horse racing, when located within a
40935-mile radius of each other; and such lessee is entitled to a
410permit and license to operate its race meet or jai alai games at
411the leased premises.
412     Section 8.  Section 550.615, Florida Statutes, is amended
413to read:
414     550.615  Intertrack wagering.-
415     (1)  Any horserace permitholder licensed under this chapter
416which has conducted a full schedule of live racing may, at any
417time, receive broadcasts of horseraces and accept wagers on
418horseraces conducted by horserace permitholders licensed under
419this chapter at its facility.
420     (2)  A Any track or fronton licensed under this chapter
421that conducted a full schedule of live racing or games which in
422the preceding year, or any greyhound permitholder that has held
423an annual license to conduct pari-mutuel wagering activities in
424each of the preceding 10 years or was converted pursuant to s.
425550.054(14), conducted a full schedule of live racing is
426qualified to, at any time, receive broadcasts of any class of
427pari-mutuel race or game and accept wagers on such races or
428games conducted by any class of permitholders licensed under
429this chapter.
430     (3)  If a permitholder elects to broadcast its signal to
431any permitholder in this state, any permitholder that is
432eligible to conduct intertrack wagering under the provisions of
433ss. 550.615-550.6345 is entitled to receive the broadcast and
434conduct intertrack wagering under this section; provided,
435however, that the host track may require a guest track within 25
436miles of another permitholder to receive in any week at least 60
437percent of the live races that the host track is making
438available on the days that the guest track is otherwise
439operating live races or games. A host track may require a guest
440track not operating live races or games and within 25 miles of
441another permitholder to accept within any week at least 60
442percent of the live races that the host track is making
443available. A person may not restrain or attempt to restrain any
444permitholder that is otherwise authorized to conduct intertrack
445wagering from receiving the signal of any other permitholder or
446sending its signal to any permitholder.
447     (4)  In no event shall any intertrack wager be accepted on
448the same class of live races or games of any permitholder
449without the written consent of such operating permitholders
450conducting the same class of live races or games if the guest
451track is within the market area of such operating permitholder.
452A greyhound permitholder licensed under chapter 551 that accepts
453intertrack wagers on live greyhound signals is not required to
454obtain the written consent required by this subsection from any
455operating greyhound permitholder within its market area.
456     (5)  No permitholder within the market area of the host
457track shall take an intertrack wager on the host track without
458the consent of the host track.
459     (6)  Notwithstanding the provisions of subsection (3), in
460any area of the state where there are three or more horserace
461permitholders within 25 miles of each other, intertrack wagering
462between permitholders in said area of the state shall only be
463authorized under the following conditions: Any permitholder,
464other than a thoroughbred permitholder, may accept intertrack
465wagers on races or games conducted live by a permitholder of the
466same class or any harness permitholder located within such area
467and any harness permitholder may accept wagers on games
468conducted live by any jai alai permitholder located within its
469market area and from a jai alai permitholder located within the
470area specified in this subsection when no jai alai permitholder
471located within its market area is conducting live jai alai
472performances; any greyhound or jai alai permitholder may receive
473broadcasts of and accept wagers on any permitholder of the other
474class provided that a permitholder, other than the host track,
475of such other class is not operating a contemporaneous live
476performance within the market area.
477     (7)  In any county of the state where there are only two
478permits, one for dogracing and one for jai alai, no intertrack
479wager may be taken during the period of time when a permitholder
480is not licensed to conduct live races or games without the
481written consent of the other permitholder that is conducting
482live races or games. However, if neither permitholder is
483conducting live races or games, either permitholder may accept
484intertrack wagers on horseraces or on the same class of races or
485games, or on both horseraces and the same class of races or
486games as is authorized by its permit.
487     (7)(8)  In any three contiguous counties of the state where
488there are only three permitholders, all of which are greyhound
489permitholders, If any greyhound permitholder leases the facility
490of another greyhound permitholder for the purpose of conducting
491all or any portion of the conduct of its live race meet pursuant
492to s. 550.475, such lessee may conduct intertrack wagering at
493its pre-lease permitted facility throughout the entire year,
494including while its race live meet is being conducted at the
495leased facility, if such permitholder has conducted a full
496schedule of live racing during the preceding fiscal year at its
497pre-lease permitted facility or at a leased facility, or
498combination thereof.
499     (8)(9)  In any two contiguous counties of the state in
500which there are located only four active permits, one for
501thoroughbred horse racing, two for greyhound dogracing, and one
502for jai alai games, no intertrack wager may be accepted on the
503same class of live races or games of any permitholder without
504the written consent of such operating permitholders conducting
505the same class of live races or games if the guest track is
506within the market area of such operating permitholder.
507     (9)(10)  All costs of receiving the transmission of the
508broadcasts shall be borne by the guest track; and all costs of
509sending the broadcasts shall be borne by the host track.
510     Section 9.  Paragraph (g) of subsection (9) of section
511550.6305, Florida Statutes, is amended to read:
512     550.6305  Intertrack wagering; guest track payments;
513accounting rules.-
514     (9)  A host track that has contracted with an out-of-state
515horse track to broadcast live races conducted at such out-of-
516state horse track pursuant to s. 550.3551(5) may broadcast such
517out-of-state races to any guest track and accept wagers thereon
518in the same manner as is provided in s. 550.3551.
519     (g)1.  Any thoroughbred permitholder which accepts wagers
520on a simulcast signal must make the signal available to any
521permitholder that is eligible to conduct intertrack wagering
522under the provisions of ss. 550.615-550.6345.
523     2.  Any thoroughbred permitholder which accepts wagers on a
524simulcast signal received after 6 p.m. must make such signal
525available to any permitholder that is eligible to conduct
526intertrack wagering under the provisions of ss. 550.615-
527550.6345, including any permitholder located as specified in s.
528550.615(6). Such guest permitholders are authorized to accept
529wagers on such simulcast signal, notwithstanding any other
530provision of this chapter to the contrary.
531     3.  Any thoroughbred permitholder which accepts wagers on a
532simulcast signal received after 6 p.m. must make such signal
533available to any permitholder that is eligible to conduct
534intertrack wagering under the provisions of ss. 550.615-
535550.6345, including any permitholder located as specified in s.
536550.615(8)(9). Such guest permitholders are authorized to accept
537wagers on such simulcast signals for a number of performances
538not to exceed that which constitutes a full schedule of live
539races for a quarter horse permitholder pursuant to s.
540550.002(11), notwithstanding any other provision of this chapter
541to the contrary, except that the restrictions provided in s.
542550.615(8)(9)(a) apply to wagers on such simulcast signals.
543
544No thoroughbred permitholder shall be required to continue to
545rebroadcast a simulcast signal to any in-state permitholder if
546the average per performance gross receipts returned to the host
547permitholder over the preceding 30-day period were less than
548$100. Subject to the provisions of s. 550.615(4), as a condition
549of receiving rebroadcasts of thoroughbred simulcast signals
550under this paragraph, a guest permitholder must accept
551intertrack wagers on all live races conducted by all then-
552operating thoroughbred permitholders.
553     Section 10.  Paragraph (c) of subsection (4) of section
554551.104, Florida Statutes, is amended to read:
555     551.104  License to conduct slot machine gaming.-
556     (4)  As a condition of licensure and to maintain continued
557authority for the conduct of slot machine gaming, the slot
558machine licensee shall:
559     (c)  Conduct no fewer than a full schedule of live racing
560or games as defined in s. 550.002(11), except for holders of
561greyhound permits, which have no live racing requirement. A
562permitholder's responsibility to conduct such number of live
563races or games shall be reduced by the number of races or games
564that could not be conducted due to the direct result of fire,
565war, hurricane, or other disaster or event beyond the control of
566the permitholder.
567     Section 11.  Subsections (2) and (4) of section 551.114,
568Florida Statutes, are amended to read:
569     551.114  Slot machine gaming areas.-
570     (2)  The slot machine licensee shall display pari-mutuel
571races or games within the designated slot machine gaming areas
572and offer patrons within the designated slot machine gaming
573areas the ability to engage in pari-mutuel wagering on any live,
574intertrack, and simulcast races conducted or offered to patrons
575of the licensed facility.
576     (4)  Designated slot machine gaming areas may be located
577within the current live gaming facility or in an existing
578building that must be contiguous and connected to the live
579gaming facility, if applicable. If a designated slot machine
580gaming area is to be located in a building that is to be
581constructed, that new building must be contiguous and connected
582to the live gaming facility.
583     Section 12.  Paragraphs (a) and (b) of subsection (5) and
584paragraph (d) of subsection (13) of section 849.086, Florida
585Statutes, are amended to read:
586     849.086  Cardrooms authorized.-
587     (5)  LICENSE REQUIRED; APPLICATION; FEES.-No person may
588operate a cardroom in this state unless such person holds a
589valid cardroom license issued pursuant to this section.
590     (a)  Only those persons holding a valid cardroom license
591issued by the division may operate a cardroom. A cardroom
592license may only be issued to a licensed pari-mutuel
593permitholder and an authorized cardroom may only be operated at
594the same facility at which the permitholder is authorized under
595its valid pari-mutuel wagering permit to conduct pari-mutuel
596wagering activities. An initial cardroom license shall be issued
597to a pari-mutuel permitholder only after its facilities are in
598place and after it conducts its first day of live racing or
599games or, for a greyhound permitholder, only after it has
600conducted a full schedule of live racing in each of the
601preceding 10 years or after it was converted pursuant to s.
602550.054(14) A new cardroom license may not be issued in an area
603unless the local government has approved such activity within
604its boundaries in accordance with subsection (16).
605     (b)  After the initial cardroom license is granted, the
606application for the annual license renewal shall be made in
607conjunction with the applicant's annual application for its
608pari-mutuel license. If a permitholder has operated a cardroom
609during any of the 3 previous fiscal years and fails to include a
610renewal request for the operation of the cardroom in its annual
611application for license renewal, the permitholder may amend its
612annual application to include operation of the cardroom. Except
613for greyhound permitholders, in order for a cardroom license to
614be renewed the applicant must have requested, as part of its
615pari-mutuel annual license application, to conduct at least 90
616percent of the total number of live performances conducted by
617such permitholder during either the state fiscal year in which
618its initial cardroom license was issued or the state fiscal year
619immediately prior thereto if the permitholder ran at least a
620full schedule of live racing or games in the prior year. If the
621application is for a harness permitholder cardroom, the
622applicant must have requested authorization to conduct a minimum
623of 140 live performances during the state fiscal year
624immediately prior thereto. If more than one permitholder is
625operating at a facility, each permitholder must have applied for
626a license to conduct a full schedule of live racing. However, a
627minimum number of requested or conducted live performances is
628not required in order for a greyhound permitholder to maintain
629or renew a cardroom license.
630     (13)  TAXES AND OTHER PAYMENTS.-
631     (d)1.  Each greyhound and jai alai permitholder that
632operates a cardroom facility shall use at least 4 percent of
633such permitholder's cardroom monthly gross receipts to
634supplement greyhound purses if live racing is conducted during a
635fiscal year, or jai alai prize money, respectively, during the
636permitholder's current or next ensuing pari-mutuel meet.
637     2.  Each thoroughbred and harness horse racing permitholder
638that operates a cardroom facility shall use at least 50 percent
639of such permitholder's cardroom monthly net proceeds as follows:
64047 percent to supplement purses and 3 percent to supplement
641breeders' awards during the permitholder's next ensuing racing
642meet.
643     3.  No cardroom license or renewal thereof shall be issued
644to an applicant holding a permit under chapter 550 to conduct
645pari-mutuel wagering meets of quarter horse racing unless the
646applicant has on file with the division a binding written
647agreement between the applicant and the Florida Quarter Horse
648Racing Association or the association representing a majority of
649the horse owners and trainers at the applicant's eligible
650facility, governing the payment of purses on live quarter horse
651races conducted at the licensee's pari-mutuel facility. The
652agreement governing purses may direct the payment of such purses
653from revenues generated by any wagering or gaming the applicant
654is authorized to conduct under Florida law. All purses shall be
655subject to the terms of chapter 550.
656     Section 13.  This act shall take effect July 1, 2011.


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