Florida Senate - 2011 CS for SB 1594
By the Committee on Regulated Industries; and Senator Sachs
580-02581-11 20111594c1
1 A bill to be entitled
2 An act relating to pari-mutuel permitholders; amending
3 s. 550.002, F.S., which defines the term “full
4 schedule of live racing or games”; providing that a
5 greyhound permitholder is not required to conduct a
6 minimum number of live performances; amending s.
7 550.01215, F.S.; revising requirements for an
8 application for a license to conduct performances;
9 providing an extended period to amend certain
10 applications; amending s. 550.054, F.S.; removing a
11 requirement for holders of certain converted permits
12 to conduct a full schedule of live racing to qualify
13 for certain tax credits; amending s. 550.0951, F.S.;
14 revising provisions for transfer by a permitholder of
15 a tax exemption or license fee credit to a greyhound
16 permitholder; revising the tax on handle for dogracing
17 and intertrack wagering; amending s. 550.09514, F.S.;
18 revising purse requirements for greyhound racing and
19 provisions for payment of purses; amending s. 550.615,
20 F.S.; revising provisions for intertrack wagering;
21 amending ss. 550.26165 and 550.6305, F.S.; conforming
22 cross-references to changes made by the act; amending
23 s. 551.104, F.S.; revising a condition of licensure
24 for the conduct of slot machine gaming; amending s.
25 551.114, F.S.; revising requirements for designated
26 slot machine gaming areas; amending s. 849.086, F.S.;
27 revising requirements for initial and renewal issuance
28 of a cardroom license; providing that neither a
29 corresponding pari-mutuel license application nor a
30 minimum number of live performances is required for a
31 greyhound permitholder to maintain or renew a cardroom
32 license; providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Subsection (11) of section 550.002, Florida
37 Statutes, 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
40 greyhound or jai alai permitholder, the conduct of a combination
41 of at least 100 live evening or matinee performances during the
42 preceding year; for a permitholder who has a converted permit or
43 filed an application on or before June 1, 1990, for a converted
44 permit, the conduct of a combination of at least 100 live
45 evening and matinee wagering performances during either of the 2
46 preceding years; for a jai alai permitholder who does not
47 operate slot machines in its pari-mutuel facility, who has
48 conducted at least 100 live performances per year for at least
49 10 years after December 31, 1992, and whose handle on live jai
50 alai games conducted at its pari-mutuel facility has been less
51 than $4 million per state fiscal year for at least 2 consecutive
52 years after June 30, 1992, the conduct of a combination of at
53 least 40 live evening or matinee performances during the
54 preceding year; for a jai alai permitholder who operates slot
55 machines in its pari-mutuel facility, the conduct of a
56 combination of at least 150 performances during the preceding
57 year; for a harness permitholder, the conduct of at least 100
58 live regular wagering performances during the preceding year;
59 for a quarter horse permitholder at its facility unless an
60 alternative schedule of at least 20 live regular wagering
61 performances is agreed upon by the permitholder and either the
62 Florida Quarter Horse Racing Association or the horsemen’s
63 association representing the majority of the quarter horse
64 owners and trainers at the facility and filed with the division
65 along with its annual date application, in the 2010-2011 fiscal
66 year, the conduct of at least 20 regular wagering performances,
67 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
68 least 30 live regular wagering performances, and for every
69 fiscal year after the 2012-2013 fiscal year, the conduct of at
70 least 40 live regular wagering performances; for a quarter horse
71 permitholder leasing another licensed racetrack, the conduct of
72 160 events at the leased facility; and for a thoroughbred
73 permitholder, the conduct of at least 40 live regular wagering
74 performances during the preceding year. For a permitholder which
75 is restricted by statute to certain operating periods within the
76 year when other members of its same class of permit are
77 authorized to operate throughout the year, the specified number
78 of live performances which constitute a full schedule of live
79 racing or games shall be adjusted pro rata in accordance with
80 the relationship between its authorized operating period and the
81 full calendar year and the resulting specified number of live
82 performances shall constitute the full schedule of live games
83 for such permitholder and all other permitholders of the same
84 class within 100 air miles of such permitholder. A live
85 performance must consist of no fewer than eight races or games
86 conducted live for each of a minimum of three performances each
87 week at the permitholder’s licensed facility under a single
88 admission charge. Notwithstanding any other provision of law,
89 beginning with the 2011-2012 fiscal year, there shall be no
90 minimum requirement of live performances for greyhound
91 permitholders.
92 Section 2. Subsection (1) of section 550.01215, Florida
93 Statutes, is amended to read:
94 550.01215 License application; periods of operation; bond,
95 conversion of permit.—
96 (1) Each permitholder shall annually, during the period
97 between December 15 and January 4, file in writing with the
98 division its application for a license to conduct pari-mutuel
99 wagering activities performances during the next state fiscal
100 year. Each application requesting live performances, if any,
101 shall specify the number, dates, and starting times of all
102 performances which the permitholder intends to conduct. It shall
103 also specify which performances will be conducted as charity or
104 scholarship performances. In addition, each application for a
105 license shall include, for each permitholder which elects to
106 operate a cardroom, the dates and periods of operation the
107 permitholder intends to operate the cardroom or, for each
108 thoroughbred permitholder which elects to receive or rebroadcast
109 out-of-state races after 7 p.m., the dates for all performances
110 which the permitholder intends to conduct. Permitholders may
111 shall be entitled to amend their applications through February
112 28 or, for applications relating to the 2011-2012 fiscal year,
113 through August 31, 2011.
114 Section 3. Paragraph (b) of subsection (14) of section
115 550.054, Florida Statutes, is amended to read:
116 550.054 Application for permit to conduct pari-mutuel
117 wagering.—
118 (14)
119 (b) The division, upon application from the holder of a jai
120 alai permit meeting all conditions of this section, shall
121 convert the permit and shall issue to the permitholder a permit
122 to conduct greyhound racing. A permitholder of a permit
123 converted under this section shall be required to apply for and
124 conduct a full schedule of live racing each fiscal year to be
125 eligible for any tax credit provided by this chapter. The holder
126 of a permit converted pursuant to this subsection or any holder
127 of a permit to conduct greyhound racing located in a county in
128 which it is the only permit issued pursuant to this section who
129 operates at a leased facility pursuant to s. 550.475 may move
130 the location for which the permit has been issued to another
131 location within a 30-mile radius of the location fixed in the
132 permit issued in that county, provided the move does not cross
133 the county boundary and such location is approved under the
134 zoning regulations of the county or municipality in which the
135 permit is located, and upon such relocation may use the permit
136 for the conduct of pari-mutuel wagering and the operation of a
137 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
138 apply to any permit converted under this subsection and shall
139 continue to apply to any permit which was previously included
140 under and subject to such provisions before a conversion
141 pursuant to this section occurred.
142 Section 4. Paragraph (b) of subsection (1) and paragraphs
143 (b) and (c) of subsection (3) of section 550.0951, Florida
144 Statutes, are 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. Once an election to transfer such exemption or credit
157 is filed with the division, it shall not be rescinded. The
158 division shall disapprove the transfer when the amount of the
159 exemption or credit or portion thereof is unavailable to the
160 transferring permitholder for any reason, including being
161 unavailable because the transferring permitholder did not
162 conduct at least 100 live performances of at least eight races
163 during the fiscal year, or when the permitholder who is entitled
164 to transfer the exemption or credit or who is entitled to
165 receive the exemption or credit owes taxes to the state pursuant
166 to a deficiency letter or administrative complaint issued by the
167 division. Upon approval of the transfer by the division, the
168 transferred tax exemption or credit shall be effective for the
169 first performance of the next payment period as specified in
170 subsection (5). The exemption or credit transferred to such host
171 track may be applied by such host track against any taxes
172 imposed by this chapter or daily license fees imposed by this
173 chapter. The greyhound permitholder host track to which such
174 exemption or credit is transferred shall reimburse such
175 permitholder the exact monetary value of such transferred
176 exemption or credit as actually applied against the taxes and
177 daily license fees of the host track. The division shall ensure
178 that all transfers of exemption or credit are made in accordance
179 with this subsection and shall have the authority to adopt rules
180 to ensure the implementation of this section.
181 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
182 contributions to pari-mutuel pools, the aggregate of which is
183 hereinafter referred to as “handle,” on races or games conducted
184 by the permitholder. The tax is imposed daily and is based on
185 the total contributions to all pari-mutuel pools conducted
186 during the daily performance. If a permitholder conducts more
187 than one performance daily, the tax is imposed on each
188 performance separately.
189 (b)1. The tax on handle for dogracing is 3.45 5.5 percent
190 of the handle, except that for live charity performances held
191 pursuant to s. 550.0351, and for intertrack wagering on such
192 charity performances at a guest greyhound track within the
193 market area of the host, the tax is 7.6 percent of the handle.
194 2. The tax on handle for jai alai is 7.1 percent of the
195 handle.
196 (c)1. The tax on handle for intertrack wagering is 2.0
197 percent of the handle if the host track is a horse track, 3.3
198 percent if the host track is a harness track, 3.45 5.5 percent
199 if the host track is a dog track, and 7.1 percent if the host
200 track is a jai alai fronton. The tax on handle for intertrack
201 wagering is 0.5 percent if the host track and the guest track
202 are thoroughbred permitholders or at facilities other than dog
203 tracks if the guest track is located outside the market area of
204 the host track and within the market area of a thoroughbred
205 permitholder currently conducting a live race meet. The tax on
206 handle for intertrack wagering on rebroadcasts of simulcast
207 thoroughbred horseraces is 2.4 percent of the handle and 1.5
208 percent of the handle for intertrack wagering on rebroadcasts of
209 simulcast harness horseraces. The tax shall be deposited into
210 the Pari-mutuel Wagering Trust Fund.
211 2. The tax on handle for intertrack wagers is accepted by
212 any dog track located in an area of the state in which there are
213 only three permitholders, all of which are greyhound
214 permitholders, located in three contiguous counties, from any
215 greyhound permitholder also located within such area or any dog
216 track or jai alai fronton located as specified in s. 550.615(6)
217 or (9), on races or games received from the same class of
218 permitholder located within the same market area is 3.9 percent
219 if the host facility is a greyhound permitholder and, if the
220 host facility is a jai alai permitholder, the rate shall be 6.1
221 percent if the host facility is a jai alai permitholder, except
222 that it shall be 2.3 percent on handle at such time as the total
223 tax on intertrack handle paid to the division by the
224 permitholder during the current state fiscal year exceeds the
225 total tax on intertrack handle paid to the division by the
226 permitholder during the 1992-1993 state fiscal year.
227 Section 5. Paragraphs (b), (c), and (e) of subsection (2)
228 of section 550.09514, Florida Statutes, are amended to read:
229 550.09514 Greyhound dogracing taxes; purse requirements.—
230 (2)
231 (b) Except as otherwise set forth herein, in addition to
232 the minimum purse percentage required by paragraph (a), each
233 permitholder conducting live racing during a fiscal year shall
234 pay as purses an annual amount equal to 75 percent of the daily
235 license fees paid by each permitholder for the 1994-1995 fiscal
236 year. This purse supplement shall be disbursed weekly during the
237 permitholder’s race meet in an amount determined by dividing the
238 annual purse supplement by the number of performances approved
239 for the permitholder pursuant to its annual license and
240 multiplying that amount by the number of performances conducted
241 each week. For the greyhound permitholders in the county where
242 there are two greyhound permitholders located as specified in s.
243 550.615(6), such permitholders shall pay in the aggregate an
244 amount equal to 75 percent of the daily license fees paid by
245 such permitholders for the 1994-1995 fiscal year. These
246 permitholders shall be jointly and severally liable for such
247 purse payments. The additional purses provided by this paragraph
248 must be used exclusively for purses other than stakes. The
249 division shall conduct audits necessary to ensure compliance
250 with this section.
251 (c)1. Each greyhound permitholder when conducting at least
252 three live performances during any week shall pay purses in that
253 week on wagers it accepts as a guest track on intertrack and
254 simulcast greyhound races at the same rate as it pays on live
255 races. Each greyhound permitholder when conducting at least
256 three live performances during any week shall pay purses in that
257 week, at the same rate as it pays on live races, on wagers
258 accepted on greyhound races at a guest track which is not
259 conducting live racing and is located within the same market
260 area as the greyhound permitholder conducting at least three
261 live performances during any week.
262 2. Each host greyhound permitholder shall pay purses on its
263 simulcast and intertrack broadcasts of greyhound races to guest
264 facilities that are located outside its market area in an amount
265 equal to one quarter of an amount determined by subtracting the
266 transmission costs of sending the simulcast or intertrack
267 broadcasts from an amount determined by adding the fees received
268 for greyhound simulcast races plus 3 percent of the greyhound
269 intertrack handle at guest facilities that are located outside
270 the market area of the host and that paid contractual fees to
271 the host for such broadcasts of greyhound races. For guest
272 greyhound permitholders not conducting live racing during a
273 fiscal year and not subject to the purse requirements of
274 subparagraph 1., 3 percent of the greyhound intertrack handle
275 shall be paid to the host greyhound permitholder for payment of
276 purses at the host track.
277 (e) In addition to the purse requirements of paragraphs
278 (a)-(c), each greyhound permitholder shall pay as purses an
279 amount equal to one-third of the amount of the tax reduction on
280 live and simulcast handle applicable to such permitholder as a
281 result of the reductions in tax rates provided by this act
282 through the amendments to s. 550.0951(3). With respect to
283 intertrack wagering when the host and guest tracks are greyhound
284 permitholders not within the same market area, an amount equal
285 to the tax reduction applicable to the guest track handle as a
286 result of any reductions the reduction in tax rates rate
287 provided by this act through the amendment to s. 550.0951(3),
288 other than revisions to s. 550.0951(3)(c)1. and 2. made after
289 December 31, 2010, shall be distributed to the guest track, one
290 third of which amount shall be paid as purses at the guest
291 track. However, if the guest track is a greyhound permitholder
292 within the market area of the host or if the guest track is not
293 a greyhound permitholder, an amount equal to such tax reduction
294 applicable to the guest track handle shall be retained by the
295 host track, one-third of which amount shall be paid as purses at
296 the host track. These purse funds shall be disbursed in the week
297 received if the permitholder conducts at least one live
298 performance during that week. If the permitholder does not
299 conduct at least one live performance during the week in which
300 the purse funds are received, the purse funds shall be disbursed
301 weekly during the permitholder’s next race meet in an amount
302 determined by dividing the purse amount by the number of
303 performances approved for the permitholder pursuant to its
304 annual license, and multiplying that amount by the number of
305 performances conducted each week. The division shall conduct
306 audits necessary to ensure compliance with this paragraph.
307 Section 6. Subsection (1) of section 550.26165, Florida
308 Statutes, is amended to read:
309 550.26165 Breeders’ awards.—
310 (1) The purpose of this section is to encourage the
311 agricultural activity of breeding and training racehorses in
312 this state. Moneys dedicated in this chapter for use as
313 breeders’ awards and stallion awards are to be used for awards
314 to breeders of registered Florida-bred horses winning horseraces
315 and for similar awards to the owners of stallions who sired
316 Florida-bred horses winning stakes races, if the stallions are
317 registered as Florida stallions standing in this state. Such
318 awards shall be given at a uniform rate to all winners of the
319 awards, shall not be greater than 20 percent of the announced
320 gross purse, and shall not be less than 15 percent of the
321 announced gross purse if funds are available. In addition, no
322 less than 17 percent nor more than 40 percent, as determined by
323 the Florida Thoroughbred Breeders’ Association, of the moneys
324 dedicated in this chapter for use as breeders’ awards and
325 stallion awards for thoroughbreds shall be returned pro rata to
326 the permitholders that generated the moneys for special racing
327 awards to be distributed by the permitholders to owners of
328 thoroughbred horses participating in prescribed thoroughbred
329 stakes races, nonstakes races, or both, all in accordance with a
330 written agreement establishing the rate, procedure, and
331 eligibility requirements for such awards entered into by the
332 permitholder, the Florida Thoroughbred Breeders’ Association,
333 and the Florida Horsemen’s Benevolent and Protective
334 Association, Inc., except that the plan for the distribution by
335 any permitholder located in the area described in s.
336 550.615(8)(9) shall be agreed upon by that permitholder, the
337 Florida Thoroughbred Breeders’ Association, and the association
338 representing a majority of the thoroughbred racehorse owners and
339 trainers at that location. Awards for thoroughbred races are to
340 be paid through the Florida Thoroughbred Breeders’ Association,
341 and awards for standardbred races are to be paid through the
342 Florida Standardbred Breeders and Owners Association. Among
343 other sources specified in this chapter, moneys for thoroughbred
344 breeders’ awards will come from the 0.955 percent of handle for
345 thoroughbred races conducted, received, broadcast, or simulcast
346 under this chapter as provided in s. 550.2625(3). The moneys for
347 quarter horse and harness breeders’ awards will come from the
348 breaks and uncashed tickets on live quarter horse and harness
349 racing performances and 1 percent of handle on intertrack
350 wagering. The funds for these breeders’ awards shall be paid to
351 the respective breeders’ associations by the permitholders
352 conducting the races.
353 Section 7. Section 550.615, Florida Statutes, is amended to
354 read:
355 550.615 Intertrack wagering.—
356 (1) Any horserace permitholder licensed under this chapter
357 which has conducted a full schedule of live racing may, at any
358 time, receive broadcasts of horseraces and accept wagers on
359 horseraces conducted by horserace permitholders licensed under
360 this chapter at its facility.
361 (2) A Any track or fronton licensed under this chapter
362 which conducted a full schedule of live racing which in the
363 preceding year or any dog track conducted a full schedule of
364 live racing is qualified to, at any time, receive broadcasts of
365 any class of pari-mutuel race or game and accept wagers on such
366 races or games conducted by any class of permitholders licensed
367 under this chapter.
368 (3) If a permitholder elects to broadcast its signal to any
369 permitholder in this state, any permitholder that is eligible to
370 conduct intertrack wagering under the provisions of ss. 550.615
371 550.6345 is entitled to receive the broadcast and conduct
372 intertrack wagering under this section; provided, however, that
373 the host track may require a guest track within 25 miles of
374 another permitholder to receive in any week at least 60 percent
375 of the live races that the host track is making available on the
376 days that the guest track is otherwise operating live races or
377 games. A host track may require a guest track not operating live
378 races or games and within 25 miles of another permitholder to
379 accept within any week at least 60 percent of the live races
380 that the host track is making available. A person may not
381 restrain or attempt to restrain any permitholder that is
382 otherwise authorized to conduct intertrack wagering from
383 receiving the signal of any other permitholder or sending its
384 signal to any permitholder.
385 (4) In no event shall any intertrack wager be accepted on
386 the same class of live races or games of any permitholder
387 without the written consent of such operating permitholders
388 conducting the same class of live races or games if the guest
389 track is within the market area of such operating permitholder.
390 A greyhound permitholder that accepts intertrack wagers on live
391 greyhound signals shall not be required to obtain the written
392 consent required by this subsection from any operating greyhound
393 permitholder within its market area.
394 (5) No permitholder within the market area of the host
395 track shall take an intertrack wager on the host track without
396 the consent of the host track.
397 (6) Notwithstanding the provisions of subsection (3), in
398 any area of the state where there are three or more horserace
399 permitholders within 25 miles of each other, intertrack wagering
400 between permitholders in said area of the state shall only be
401 authorized under the following conditions: Any permitholder,
402 other than a thoroughbred permitholder, may accept intertrack
403 wagers on races or games conducted live by a permitholder of the
404 same class or any harness permitholder located within such area
405 and any harness permitholder may accept wagers on games
406 conducted live by any jai alai permitholder located within its
407 market area and from a jai alai permitholder located within the
408 area specified in this subsection when no jai alai permitholder
409 located within its market area is conducting live jai alai
410 performances; any greyhound or jai alai permitholder may receive
411 broadcasts of and accept wagers on any permitholder of the other
412 class provided that a permitholder, other than the host track,
413 of such other class is not operating a contemporaneous live
414 performance within the market area.
415 (7) In any county of the state where there are only two
416 permits, one for dogracing and one for jai alai, no intertrack
417 wager may be taken during the period of time when a permitholder
418 is not licensed to conduct live races or games without the
419 written consent of the other permitholder that is conducting
420 live races or games. However, if neither permitholder is
421 conducting live races or games, either permitholder may accept
422 intertrack wagers on horseraces or on the same class of races or
423 games, or on both horseraces and the same class of races or
424 games as is authorized by its permit.
425 (7)(8) In any three contiguous counties of the state where
426 there are only three permitholders, all of which are greyhound
427 permitholders, If any greyhound permitholder leases the facility
428 of another greyhound permitholder for the purpose of conducting
429 all or any portion of the conduct of its live race meet pursuant
430 to s. 550.475, such lessee may conduct intertrack wagering at
431 its pre-lease permitted facility throughout the entire year,
432 including while its race live meet is being conducted at the
433 leased facility, if such permitholder has conducted a full
434 schedule of live racing during the preceding fiscal year at its
435 pre-lease permitted facility or at a leased facility, or
436 combination thereof.
437 (8)(9) In any two contiguous counties of the state in which
438 there are located only four active permits, one for thoroughbred
439 horse racing, two for greyhound dogracing, and one for jai alai
440 games, no intertrack wager may be accepted on the same class of
441 live races or games of any permitholder without the written
442 consent of such operating permitholders conducting the same
443 class of live races or games if the guest track is within the
444 market area of such operating permitholder.
445 (9)(10) All costs of receiving the transmission of the
446 broadcasts shall be borne by the guest track; and all costs of
447 sending the broadcasts shall be borne by the host track.
448 Section 8. Paragraph (g) of subsection (9) of section
449 550.6305, Florida Statutes, is amended to read:
450 550.6305 Intertrack wagering; guest track payments;
451 accounting rules.—
452 (9) A host track that has contracted with an out-of-state
453 horse track to broadcast live races conducted at such out-of
454 state horse track pursuant to s. 550.3551(5) may broadcast such
455 out-of-state races to any guest track and accept wagers thereon
456 in the same manner as is provided in s. 550.3551.
457 (g)1. Any thoroughbred permitholder which accepts wagers on
458 a simulcast signal must make the signal available to any
459 permitholder that is eligible to conduct intertrack wagering
460 under the provisions of ss. 550.615-550.6345.
461 2. Any thoroughbred permitholder which accepts wagers on a
462 simulcast signal received after 6 p.m. must make such signal
463 available to any permitholder that is eligible to conduct
464 intertrack wagering under the provisions of ss. 550.615
465 550.6345, including any permitholder located as specified in s.
466 550.615(6). Such guest permitholders are authorized to accept
467 wagers on such simulcast signal, notwithstanding any other
468 provision of this chapter to the contrary.
469 3. Any thoroughbred permitholder which accepts wagers on a
470 simulcast signal received after 6 p.m. must make such signal
471 available to any permitholder that is eligible to conduct
472 intertrack wagering under the provisions of ss. 550.615
473 550.6345, including any permitholder located as specified in s.
474 550.615(8)(9). Such guest permitholders are authorized to accept
475 wagers on such simulcast signals for a number of performances
476 not to exceed that which constitutes a full schedule of live
477 races for a quarter horse permitholder pursuant to s.
478 550.002(11), notwithstanding any other provision of this chapter
479 to the contrary, except that the restrictions provided in s.
480 550.615(8)(9)(a) apply to wagers on such simulcast signals.
481
482 No thoroughbred permitholder shall be required to continue to
483 rebroadcast a simulcast signal to any in-state permitholder if
484 the average per performance gross receipts returned to the host
485 permitholder over the preceding 30-day period were less than
486 $100. Subject to the provisions of s. 550.615(4), as a condition
487 of receiving rebroadcasts of thoroughbred simulcast signals
488 under this paragraph, a guest permitholder must accept
489 intertrack wagers on all live races conducted by all then
490 operating thoroughbred permitholders.
491 Section 9. Paragraph (c) of subsection (4) of section
492 551.104, Florida Statutes, is amended to read:
493 551.104 License to conduct slot machine gaming.—
494 (4) As a condition of licensure and to maintain continued
495 authority for the conduct of slot machine gaming, the slot
496 machine licensee shall:
497 (c) Conduct no fewer than a full schedule of live racing or
498 games as defined in s. 550.002(11), except for holders of
499 greyhound permits, which have no live racing requirement. A
500 permitholder’s responsibility to conduct such number of live
501 races or games shall be reduced by the number of races or games
502 that could not be conducted due to the direct result of fire,
503 war, hurricane, or other disaster or event beyond the control of
504 the permitholder.
505 Section 10. Subsections (2) and (4) of section 551.114,
506 Florida Statutes, are amended to read:
507 551.114 Slot machine gaming areas.—
508 (2) The slot machine licensee shall display pari-mutuel
509 races or games within the designated slot machine gaming areas
510 and offer patrons within the designated slot machine gaming
511 areas the ability to engage in pari-mutuel wagering on any live,
512 intertrack, and simulcast races conducted or offered to patrons
513 of the licensed facility.
514 (4) Designated slot machine gaming areas may be located
515 within the current live gaming facility or in an existing
516 building that must be contiguous and connected to the live
517 gaming facility, if applicable. If a designated slot machine
518 gaming area is to be located in a building that is to be
519 constructed, that new building must be contiguous and connected
520 to the live gaming facility.
521 Section 11. Paragraphs (a) and (b) of subsection (5) and
522 paragraph (d) of subsection (13) of section 849.086, Florida
523 Statutes, are amended to read:
524 849.086 Cardrooms authorized.—
525 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
526 operate a cardroom in this state unless such person holds a
527 valid cardroom license issued pursuant to this section.
528 (a) Only those persons holding a valid cardroom license
529 issued by the division may operate a cardroom. A cardroom
530 license may only be issued to a licensed pari-mutuel
531 permitholder and an authorized cardroom may only be operated at
532 the same facility at which the permitholder is authorized under
533 its valid pari-mutuel wagering permit to conduct pari-mutuel
534 wagering activities. An initial cardroom license shall be issued
535 to a pari-mutuel permitholder only after its facilities are in
536 place and, except for greyhound permitholders, after it conducts
537 its first day of live racing or games. A greyhound permitholder
538 that has conducted live racing during each of the 10 years
539 immediately preceding its application for a cardroom license or
540 a greyhound permitholder converted pursuant to s. 550.054(14)
541 shall be issued a cardroom license without regard to licensure
542 for or actual conduct of live racing.
543 (b) Except for greyhound permitholders After the initial
544 cardroom license is granted, the application for the annual
545 license renewal shall be made in conjunction with the
546 applicant’s annual application for its pari-mutuel license. If a
547 permitholder has operated a cardroom during any of the 3
548 previous fiscal years and fails to include a renewal request for
549 the operation of the cardroom in its annual application for
550 license renewal, the permitholder may amend its annual
551 application to include operation of the cardroom. In order for a
552 cardroom license to be renewed the applicant must have
553 requested, as part of its pari-mutuel annual license
554 application, to conduct at least 90 percent of the total number
555 of live performances conducted by such permitholder during
556 either the state fiscal year in which its initial cardroom
557 license was issued or the state fiscal year immediately prior
558 thereto if the permitholder ran at least a full schedule of live
559 racing or games in the prior year. If the application is for a
560 harness permitholder cardroom, the applicant must have requested
561 authorization to conduct a minimum of 140 live performances
562 during the state fiscal year immediately prior thereto. If more
563 than one permitholder is operating at a facility, each
564 permitholder must have applied for a license to conduct a full
565 schedule of live racing. However, no corresponding pari-mutuel
566 license application or minimum numbers of requested or conducted
567 live performances is required in order for a greyhound
568 permitholder to maintain or renew a cardroom license.
569 (13) TAXES AND OTHER PAYMENTS.—
570 (d)1. Each greyhound and jai alai permitholder that
571 operates a cardroom facility shall use at least 4 percent of
572 such permitholder’s cardroom monthly gross receipts to
573 supplement greyhound purses if live racing is conducted during a
574 fiscal year, or jai alai prize money, respectively, during the
575 permitholder’s current or next ensuing pari-mutuel meet.
576 2. Each thoroughbred and harness horse racing permitholder
577 that operates a cardroom facility shall use at least 50 percent
578 of such permitholder’s cardroom monthly net proceeds as follows:
579 47 percent to supplement purses and 3 percent to supplement
580 breeders’ awards during the permitholder’s next ensuing racing
581 meet.
582 3. No cardroom license or renewal thereof shall be issued
583 to an applicant holding a permit under chapter 550 to conduct
584 pari-mutuel wagering meets of quarter horse racing unless the
585 applicant has on file with the division a binding written
586 agreement between the applicant and the Florida Quarter Horse
587 Racing Association or the association representing a majority of
588 the horse owners and trainers at the applicant’s eligible
589 facility, governing the payment of purses on live quarter horse
590 races conducted at the licensee’s pari-mutuel facility. The
591 agreement governing purses may direct the payment of such purses
592 from revenues generated by any wagering or gaming the applicant
593 is authorized to conduct under Florida law. All purses shall be
594 subject to the terms of chapter 550.
595 Section 12. This act shall take effect July 1, 2011.