Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 522
                                Barcode 749856                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/12/2011           .                                

       The Committee on Regulated Industries (Diaz de la Portilla)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2), paragraph (a) of subsection (4),
    6  and paragraph (d) of subsection (5) of section 849.086, Florida
    7  Statutes, are amended, and paragraphs (h) and (i) are added to
    8  subsection (7) of that section, to read:
    9         849.086 Cardrooms authorized.—
   10         (2) DEFINITIONS.—As used in this section:
   11         (a) “Authorized game” means a game or series of games of
   12  bingo, poker, or dominoes which are played in a nonbanking
   13  manner.
   14         (b) “Banking game” means a game in which the house is a
   15  participant in the game, taking on players, paying winners, and
   16  collecting from losers or in which the cardroom establishes a
   17  bank against which participants play.
   18         (c) “Bingo” has the same meaning as s. 849.0931(1)(a).
   19         (d) "Bingo card" has the same meaning as in s.
   20  849.0931(1)(b).
   21         (e)(c) “Cardroom” means a facility where authorized games
   22  are played for money or anything of value and to which the
   23  public is invited to participate in such games and charged a fee
   24  for participation by the operator of such facility. Authorized
   25  games and cardrooms do not constitute casino gaming operations.
   26         (f)(d) “Cardroom management company” means any individual
   27  not an employee of the cardroom operator, any proprietorship,
   28  partnership, corporation, or other entity that enters into an
   29  agreement with a cardroom operator to manage, operate, or
   30  otherwise control the daily operation of a cardroom.
   31         (g)(e) “Cardroom distributor” means any business that
   32  distributes cardroom paraphernalia such as card tables, betting
   33  chips, chip holders, dominoes, dominoes tables, drop boxes,
   34  banking supplies, playing cards, card shufflers, and other
   35  associated equipment to authorized cardrooms.
   36         (h)(f) “Cardroom operator” means a licensed pari-mutuel
   37  permitholder which holds a valid permit and license issued by
   38  the division pursuant to chapter 550 and which also holds a
   39  valid cardroom license issued by the division pursuant to this
   40  section which authorizes such person to operate a cardroom and
   41  to conduct authorized games in such cardroom.
   42         (i)(g) “Division” means the Division of Pari-mutuel
   43  Wagering of the Department of Business and Professional
   44  Regulation.
   45         (j)(h) “Dominoes” means a game of dominoes typically played
   46  with a set of 28 flat rectangular blocks, called “bones,” which
   47  are marked on one side and divided into two equal parts, with
   48  zero to six dots, called “pips,” in each part. The term also
   49  includes larger sets of blocks that contain a correspondingly
   50  higher number of pips. The term also means the set of blocks
   51  used to play the game.
   52         (k)(i) “Gross receipts” means the total amount of money
   53  received by a cardroom from any person for participation in
   54  authorized games.
   55         (l)(j) “House” means the cardroom operator and all
   56  employees of the cardroom operator.
   57         (m)(k) “Net proceeds” means the total amount of gross
   58  receipts received by a cardroom operator from cardroom
   59  operations less direct operating expenses related to cardroom
   60  operations, including labor costs, admission taxes only if a
   61  separate admission fee is charged for entry to the cardroom
   62  facility, gross receipts taxes imposed on cardroom operators by
   63  this section, the annual cardroom license fees imposed by this
   64  section on each table operated at a cardroom, and reasonable
   65  promotional costs excluding officer and director compensation,
   66  interest on capital debt, legal fees, real estate taxes, bad
   67  debts, contributions or donations, or overhead and depreciation
   68  expenses not directly related to the operation of the cardrooms.
   69         (n) "Objects" has the same meaning as in s. 849.0931(1)(g).
   70         (o) "Rack" has the same meaning as in s. 849.0931(1)(h).
   71         (p)(l) “Rake” means a set fee or percentage of the pot
   72  assessed by a cardroom operator for providing the services of a
   73  dealer, table, or location for playing the authorized game.
   74         (q) "Receptacle" has the same meaning as in s.
   75  849.0931(1)(i).
   76         (r)(m) “Tournament” means a series of games that have more
   77  than one betting round involving one or more tables and where
   78  the winners or others receive a prize or cash award.
   79         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
   80  Wagering of the Department of Business and Professional
   81  Regulation shall administer this section and regulate the
   82  operation of cardrooms under this section and the rules adopted
   83  pursuant thereto, and is hereby authorized to:
   84         (a) Adopt rules, including, but not limited to: the
   85  issuance of cardroom and employee licenses for cardroom
   86  operations; the operation of authorized games; the operation of
   87  a cardroom; recordkeeping and reporting requirements; and the
   88  collection of all fees and taxes imposed by this section.
   89         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
   90  operate a cardroom in this state unless such person holds a
   91  valid cardroom license issued pursuant to this section.
   92         (d) The annual cardroom license fee for each facility shall
   93  be $1,000 for each table to be operated at the cardroom. There
   94  shall be no additional fee for a cardroom to conduct bingo.
   95  Tables used exclusively for the conduct of bingo shall not be
   96  included in the facility's license fee calculation. The license
   97  fee shall be deposited by the division with the Chief Financial
   98  Officer to the credit of the Pari-mutuel Wagering Trust Fund.
  100         (h) A cardroom operator’s conduct of bingo is conditioned
  101  upon the return of 80 percent of all proceeds from such games
  102  during the year to the players in the form of prizes and cash
  103  awards. For purposes of bingo games only, the term “gross
  104  receipts” means the total amount received by the cardroom
  105  operator for participating in the bingo game less the total
  106  amount paid to the winners or others as prizes or cash awards.
  107         (i)Each bingo game shall be conducted in accordance with
  108  the rules of the division and the rules established in s.
  109  849.0931(12).
  110         Section 2. This act shall take effect July 1, 2011.
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete everything before the enacting clause
  115  and insert:
  116                        A bill to be entitled                      
  117         An act relating to cardrooms; amending s. 849.086,
  118         F.S.; providing for bingo games to be offered in
  119         cardrooms; revising the definition of the term
  120         “authorized game” to include bingo; defining the terms
  121         “bingo,” “bingo card,” “objects,” “rack,” and
  122         “receptacle”; authorizing the division to adopt rules
  123         relating to authorized games; providing that there
  124         shall be no additional fee for the conduct of bingo;
  125         defining the term “gross receipts” for purposes of
  126         bingo games; providing that bingo games shall be
  127         conducted in accordance with certain rules; providing
  128         an effective date.