Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 382
Barcode 581326
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/30/2012 .
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The Committee on Regulated Industries (Sachs) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (11) of section 550.002, Florida
6 Statutes, is amended to read:
7 550.002 Definitions.—As used in this chapter, the term:
8 (11) “Full schedule of live racing or games” means, for a
9 greyhound or jai alai permitholder, the conduct of a combination
10 of at least 100 live evening or matinee performances during the
11 preceding year; for a permitholder who has a converted permit or
12 filed an application on or before June 1, 1990, for a converted
13 permit, the conduct of a combination of at least 100 live
14 evening and matinee wagering performances during either of the 2
15 preceding years; for a jai alai permitholder who does not
16 operate slot machines in its pari-mutuel facility, who has
17 conducted at least 100 live performances per year for at least
18 10 years after December 31, 1992, and whose handle on live jai
19 alai games conducted at its pari-mutuel facility has been less
20 than $4 million per state fiscal year for at least 2 consecutive
21 years after June 30, 1992, the conduct of a combination of at
22 least 40 live evening or matinee performances during the
23 preceding year; for a jai alai permitholder who operates slot
24 machines in its pari-mutuel facility, the conduct of a
25 combination of at least 150 performances during the preceding
26 year; for a harness permitholder, the conduct of at least 100
27 live regular wagering performances during the preceding year;
28 for a quarter horse permitholder at its facility unless an
29 alternative schedule of at least 20 live regular wagering
30 performances is agreed upon by the permitholder and either the
31 Florida Quarter Horse Racing Association or the horsemen’s
32 association representing the majority of the quarter horse
33 owners and trainers at the facility and filed with the division
34 along with its annual date application, in the 2010-2011 fiscal
35 year, the conduct of at least 20 regular wagering performances,
36 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
37 least 30 live regular wagering performances, and for every
38 fiscal year after the 2012-2013 fiscal year, the conduct of at
39 least 40 live regular wagering performances; for a quarter horse
40 permitholder leasing another licensed racetrack, the conduct of
41 160 events at the leased facility; and for a thoroughbred
42 permitholder, the conduct of at least 40 live regular wagering
43 performances during the preceding year. For a permitholder which
44 is restricted by statute to certain operating periods within the
45 year when other members of its same class of permit are
46 authorized to operate throughout the year, the specified number
47 of live performances which constitute a full schedule of live
48 racing or games shall be adjusted pro rata in accordance with
49 the relationship between its authorized operating period and the
50 full calendar year and the resulting specified number of live
51 performances shall constitute the full schedule of live games
52 for such permitholder and all other permitholders of the same
53 class within 100 air miles of such permitholder. A live
54 performance must consist of no fewer than eight races or games
55 conducted live for each of a minimum of three performances each
56 week at the permitholder’s licensed facility under a single
57 admission charge. Notwithstanding any other provision of law,
58 beginning with the 2012-2013 fiscal year, there shall be no
59 minimum requirement of live performances for greyhound
60 permitholders.
61 Section 2. Subsection (1) of section 550.01215, Florida
62 Statutes, is amended to read:
63 550.01215 License application; periods of operation; bond,
64 conversion of permit.—
65 (1) Each permitholder shall annually, during the period
66 between December 15 and January 4, file in writing with the
67 division its application for a license to conduct pari-mutuel
68 wagering activities performances during the next state fiscal
69 year. Each application requesting live performances, if any,
70 shall specify the number, dates, and starting times of all
71 performances which the permitholder intends to conduct. It shall
72 also specify which performances will be conducted as charity or
73 scholarship performances. In addition, each application for a
74 license shall include, for each permitholder which elects to
75 operate a cardroom, the dates and periods of operation the
76 permitholder intends to operate the cardroom or, for each
77 thoroughbred permitholder which elects to receive or rebroadcast
78 out-of-state races after 7 p.m., the dates for all performances
79 which the permitholder intends to conduct. A greyhound
80 permitholder may receive a license to conduct pari-mutuel
81 wagering activities at a licensed greyhound facility pursuant to
82 s. 550.475. Permitholders may shall be entitled to amend their
83 applications through February 28 or, for applications by
84 greyhound permitholders relating to the 2012-2013 fiscal year,
85 through August 31, 2012.
86 Section 3. Paragraph (b) of subsection (14) of section
87 550.054, Florida Statutes, is amended to read:
88 550.054 Application for permit to conduct pari-mutuel
89 wagering.—
90 (14)
91 (b) The division, upon application from the holder of a jai
92 alai permit meeting all conditions of this section, shall
93 convert the permit and shall issue to the permitholder a permit
94 to conduct greyhound racing. A permitholder of a permit
95 converted under this section shall be required to apply for and
96 conduct a full schedule of live racing each fiscal year to be
97 eligible for any tax credit provided by this chapter. The holder
98 of a permit converted pursuant to this subsection or any holder
99 of a permit to conduct greyhound racing located in a county in
100 which it is the only permit issued pursuant to this section who
101 operates at a leased facility pursuant to s. 550.475 may move
102 the location for which the permit has been issued to another
103 location within a 30-mile radius of the location fixed in the
104 permit issued in that county, provided the move does not cross
105 the county boundary and such location is approved under the
106 zoning regulations of the county or municipality in which the
107 permit is located, and upon such relocation may use the permit
108 for the conduct of pari-mutuel wagering and the operation of a
109 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
110 apply to any permit converted under this subsection and shall
111 continue to apply to any permit which was previously included
112 under and subject to such provisions before a conversion
113 pursuant to this section occurred.
114 Section 4. Subsection (1) and paragraph (c) of subsection
115 (3) of section 550.0951, Florida Statutes, are amended to read:
116 550.0951 Payment of daily license fee and taxes;
117 penalties.—
118 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
119 business of conducting race meetings or jai alai games under
120 this chapter, hereinafter referred to as the “permitholder,”
121 “licensee,” or “permittee,” shall pay to the division, for the
122 use of the division, a daily license fee on each live or
123 simulcast pari-mutuel event of $100 for each horserace and $80
124 for each dograce and $40 for each jai alai game conducted at a
125 racetrack or fronton licensed under this chapter. In addition to
126 the tax exemption specified in s. 550.09514(1) of $360,000 or
127 $500,000 per greyhound permitholder per state fiscal year, each
128 greyhound permitholder shall receive in the current state fiscal
129 year a tax credit equal to the number of live greyhound races
130 conducted in the previous state fiscal year times the daily
131 license fee specified for each dograce in this subsection
132 applicable for the previous state fiscal year. This tax credit
133 and the exemption in s. 550.09514(1) shall be applicable to any
134 tax imposed by this chapter or the daily license fees imposed by
135 this chapter except during any charity or scholarship
136 performances conducted pursuant to s. 550.0351. Each
137 permitholder shall pay daily license fees not to exceed $500 per
138 day on any simulcast races or games on which such permitholder
139 accepts wagers regardless of the number of out-of-state events
140 taken or the number of out-of-state locations from which such
141 events are taken. This license fee shall be deposited with the
142 Chief Financial Officer to the credit of the Pari-mutuel
143 Wagering Trust Fund.
144 (b) Each permitholder that cannot utilize the full amount
145 of the exemption of $360,000 or $500,000 provided in s.
146 550.09514(1) or the daily license fee credit provided in this
147 section may, after notifying the division in writing, elect once
148 per state fiscal year on a form provided by the division, to
149 transfer such exemption or credit or any portion thereof to any
150 greyhound permitholder which acts as a host track to such
151 permitholder for the purpose of intertrack wagering. Once an
152 election to transfer such exemption or credit is filed with the
153 division, it shall not be rescinded. The division shall
154 disapprove the transfer when the amount of the exemption or
155 credit or portion thereof is unavailable to the transferring
156 permitholder or when the permitholder who is entitled to
157 transfer the exemption or credit or who is entitled to receive
158 the exemption or credit owes taxes to the state pursuant to a
159 deficiency letter or administrative complaint issued by the
160 division. Upon approval of the transfer by the division, the
161 transferred tax exemption or credit shall be effective for the
162 first performance of the next payment period as specified in
163 subsection (5). The exemption or credit transferred to such host
164 track may be applied by such host track against any taxes
165 imposed by this chapter or daily license fees imposed by this
166 chapter. The greyhound permitholder host track to which such
167 exemption or credit is transferred shall reimburse such
168 permitholder the exact monetary value of such transferred
169 exemption or credit as actually applied against the taxes and
170 daily license fees of the host track. The division shall ensure
171 that all transfers of exemption or credit are made in accordance
172 with this subsection and shall have the authority to adopt rules
173 to ensure the implementation of this section.
174 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
175 contributions to pari-mutuel pools, the aggregate of which is
176 hereinafter referred to as “handle,” on races or games conducted
177 by the permitholder. The tax is imposed daily and is based on
178 the total contributions to all pari-mutuel pools conducted
179 during the daily performance. If a permitholder conducts more
180 than one performance daily, the tax is imposed on each
181 performance separately.
182 (c)1. The tax on handle for intertrack wagering is 2.0
183 percent of the handle if the host track is a horse track, 3.3
184 percent if the host track is a harness track, 5.5 percent if the
185 host track is a dog track, and 7.1 percent if the host track is
186 a jai alai fronton. The tax on handle for intertrack wagering is
187 0.5 percent if the host track and the guest track are
188 thoroughbred permitholders or if the guest track is located
189 outside the market area of the host track and within the market
190 area of a thoroughbred permitholder currently conducting a live
191 race meet. The tax on handle for intertrack wagering on
192 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
193 of the handle and 1.5 percent of the handle for intertrack
194 wagering on rebroadcasts of simulcast harness horseraces. The
195 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
196 2. The tax on handle for intertrack wagers accepted by any
197 dog track located in an area of the state in which there are
198 only three permitholders, all of which are greyhound
199 permitholders, located in three contiguous counties, from any
200 greyhound permitholder also located within such area or any dog
201 track or jai alai fronton located as specified in s. 550.615(6)
202 or (8)(9), on races or games received from the same class of
203 permitholder located within the same market area is 3.9 percent
204 if the host facility is a greyhound permitholder and, if the
205 host facility is a jai alai permitholder, the rate shall be 6.1
206 percent except that it shall be 2.3 percent on handle at such
207 time as the total tax on intertrack handle paid to the division
208 by the permitholder during the current state fiscal year exceeds
209 the total tax on intertrack handle paid to the division by the
210 permitholder during the 1992-1993 state fiscal year.
211 Section 5. Subsection (1) and paragraphs (b), (c), and (e)
212 of subsection (2) of section 550.09514, Florida Statutes, are
213 amended to read:
214 550.09514 Greyhound dogracing taxes; purse requirements.—
215 (1)(a) Wagering on greyhound racing is subject to a tax on
216 handle for live greyhound racing as specified in s. 550.0951(3).
217 However, each permitholder shall pay no tax on handle until such
218 time as this subsection has resulted in a tax savings per state
219 fiscal year of $360,000. Thereafter, each permitholder shall pay
220 the tax as specified in s. 550.0951(3) on all handle for the
221 remainder of the permitholder’s current race meet. For the three
222 permitholders that conducted a full schedule of live racing in
223 1995, and are closest to another state that authorizes greyhound
224 pari-mutuel wagering, the maximum tax savings per state fiscal
225 year shall be $500,000. The provisions of this subsection
226 relating to tax exemptions shall not apply to any charity or
227 scholarship performances conducted pursuant to s. 550.0351.
228 (b) Each permitholder licensed to conduct at least 100 live
229 performances of at least eight races during a fiscal year who
230 cannot use the full amount of the exemption of $360,000 or
231 $500,000 provided in paragraph (a) or the daily license fee
232 credit provided in s. 550.0951(1) may, at any time after
233 notifying the division in writing on a form provided by the
234 division, transfer such exemption or credit or any portion
235 thereof to any greyhound permitholder that acts as a host track
236 to such permitholder for the purpose of intertrack wagering.
237 Once an election to transfer such exemption or credit is filed
238 with the division, it may not be rescinded. The division shall
239 disapprove the transfer when the amount of the exemption or
240 credit or portion thereof is unavailable to the transferring
241 permitholder for any reason, including being unavailable because
242 the transferring permitholder is not licensed to conduct at
243 least 100 live performances of at least eight races during the
244 fiscal year, or when the permitholder who is entitled to
245 transfer the exemption or credit or who is entitled to receive
246 the exemption or credit owes taxes to the state pursuant to a
247 deficiency letter or administrative complaint issued by the
248 division. The greyhound permitholder host track to which such
249 exemption or credit is transferred shall reimburse such
250 permitholder the exact monetary value of such transferred
251 exemption or credit as actually applied against the taxes and
252 daily license fees of the host track.
253 (c) Each permitholder who is not licensed to conduct at
254 least 100 live performances of at least eight races during a
255 fiscal year forfeits the exemption of $360,000 or $500,000
256 provided in paragraph (a). Annually, the division shall pool
257 such forfeited exemptions from greyhound permitholders and each
258 greyhound permitholder who is licensed to conduct at least 100
259 live performances of at least eight races during the fiscal year
260 is entitled to an additional tax credit in an amount equal to
261 the product of the respective permitholder’s percentage share of
262 live and intertrack wagering handle under s. 550.0951(3) during
263 the previous fiscal year and the total value of tax credits
264 available in the pool.
265 (d) Upon approval of a transfer under paragraph (b) or
266 additional credit under paragraph (c) by the division, the tax
267 exemption or credit shall be effective for the first performance
268 of the next payment period as specified in s. 550.0951(5).
269 (e) Exemptions or credits issued or transferred pursuant to
270 this subsection may be applied against any taxes imposed by this
271 chapter or daily license fees imposed by this chapter, except
272 during any charity or scholarship performances conducted
273 pursuant to s. 550.0351. No credit or exemption authorized under
274 this section or s. 550.0951 shall carry forward to subsequent
275 fiscal years. The division shall ensure that all transfers of
276 exemptions or credits are made in accordance with this
277 subsection and may adopt rules to ensure the implementation of
278 this section.
279 (2)
280 (b) Except as otherwise set forth herein, in addition to
281 the minimum purse percentage required by paragraph (a), each
282 permitholder conducting live racing during a fiscal year shall
283 pay as purses an annual amount equal to 75 percent of the daily
284 license fees paid by each permitholder for the 1994-1995 fiscal
285 year. This purse supplement shall be disbursed weekly during the
286 permitholder’s race meet in an amount determined by dividing the
287 annual purse supplement by the number of performances approved
288 for the permitholder pursuant to its annual license and
289 multiplying that amount by the number of performances conducted
290 each week. For the greyhound permitholders in the county where
291 there are two greyhound permitholders located as specified in s.
292 550.615(6), such permitholders shall pay in the aggregate an
293 amount equal to 75 percent of the daily license fees paid by
294 such permitholders for the 1994-1995 fiscal year. These
295 permitholders shall be jointly and severally liable for such
296 purse payments. The additional purses provided by this paragraph
297 must be used exclusively for purses other than stakes. The
298 division shall conduct audits necessary to ensure compliance
299 with this section.
300 (c)1. Each greyhound permitholder when conducting at least
301 three live performances during any week shall pay purses in that
302 week on wagers it accepts as a guest track on intertrack and
303 simulcast greyhound races at the same rate as it pays on live
304 races. Each greyhound permitholder when conducting at least
305 three live performances during any week shall pay purses in that
306 week, at the same rate as it pays on live races, on wagers
307 accepted on greyhound races at a guest track which is not
308 conducting live racing and is located within the same market
309 area as the greyhound permitholder conducting at least three
310 live performances during any week.
311 2. Each host greyhound permitholder shall pay purses on its
312 simulcast and intertrack broadcasts of greyhound races to guest
313 facilities that are located outside its market area in an amount
314 equal to one quarter of an amount determined by subtracting the
315 transmission costs of sending the simulcast or intertrack
316 broadcasts from an amount determined by adding the fees received
317 for greyhound simulcast races plus 3 percent of the greyhound
318 intertrack handle at guest facilities that are located outside
319 the market area of the host and that paid contractual fees to
320 the host for such broadcasts of greyhound races. For guest
321 greyhound permitholders not conducting live racing during a
322 fiscal year and not subject to the purse requirements of
323 subparagraph 1., 3 percent of the greyhound intertrack handle
324 shall be paid to the host greyhound permitholder for payment of
325 purses at the host track.
326 (e) In addition to the purse requirements of paragraphs
327 (a)-(c), each greyhound permitholder shall pay as purses an
328 amount equal to one-third of the amount of the tax reduction on
329 live and simulcast handle applicable to such permitholder as a
330 result of the reductions in tax rates provided by this act
331 through the amendments to s. 550.0951(3) by chapter 2000-354,
332 Laws of Florida. With respect to intertrack wagering when the
333 host and guest tracks are greyhound permitholders not within the
334 same market area, an amount equal to the tax reduction
335 applicable to the guest track handle as a result of the
336 reduction in tax rates rate provided by this act through the
337 amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws
338 of Florida, shall be distributed to the guest track, one-third
339 of which amount shall be paid as purses at those guest tracks
340 conducting live racing the guest track. However, if the guest
341 track is a greyhound permitholder within the market area of the
342 host or if the guest track is not a greyhound permitholder, an
343 amount equal to such tax reduction applicable to the guest track
344 handle shall be retained by the host track, one-third of which
345 amount shall be paid as purses at the host track. These purse
346 funds shall be disbursed in the week received if the
347 permitholder conducts at least one live performance during that
348 week. If the permitholder does not conduct at least one live
349 performance during the week in which the purse funds are
350 received, the purse funds shall be disbursed weekly during the
351 permitholder’s next race meet in an amount determined by
352 dividing the purse amount by the number of performances approved
353 for the permitholder pursuant to its annual license, and
354 multiplying that amount by the number of performances conducted
355 each week. The division shall conduct audits necessary to ensure
356 compliance with this paragraph.
357 Section 6. Subsection (1) of section 550.26165, Florida
358 Statutes, is amended to read:
359 550.26165 Breeders’ awards.—
360 (1) The purpose of this section is to encourage the
361 agricultural activity of breeding and training racehorses in
362 this state. Moneys dedicated in this chapter for use as
363 breeders’ awards and stallion awards are to be used for awards
364 to breeders of registered Florida-bred horses winning horseraces
365 and for similar awards to the owners of stallions who sired
366 Florida-bred horses winning stakes races, if the stallions are
367 registered as Florida stallions standing in this state. Such
368 awards shall be given at a uniform rate to all winners of the
369 awards, shall not be greater than 20 percent of the announced
370 gross purse, and shall not be less than 15 percent of the
371 announced gross purse if funds are available. In addition, no
372 less than 17 percent nor more than 40 percent, as determined by
373 the Florida Thoroughbred Breeders’ Association, of the moneys
374 dedicated in this chapter for use as breeders’ awards and
375 stallion awards for thoroughbreds shall be returned pro rata to
376 the permitholders that generated the moneys for special racing
377 awards to be distributed by the permitholders to owners of
378 thoroughbred horses participating in prescribed thoroughbred
379 stakes races, nonstakes races, or both, all in accordance with a
380 written agreement establishing the rate, procedure, and
381 eligibility requirements for such awards entered into by the
382 permitholder, the Florida Thoroughbred Breeders’ Association,
383 and the Florida Horsemen’s Benevolent and Protective
384 Association, Inc., except that the plan for the distribution by
385 any permitholder located in the area described in s.
386 550.615(8)(9) shall be agreed upon by that permitholder, the
387 Florida Thoroughbred Breeders’ Association, and the association
388 representing a majority of the thoroughbred racehorse owners and
389 trainers at that location. Awards for thoroughbred races are to
390 be paid through the Florida Thoroughbred Breeders’ Association,
391 and awards for standardbred races are to be paid through the
392 Florida Standardbred Breeders and Owners Association. Among
393 other sources specified in this chapter, moneys for thoroughbred
394 breeders’ awards will come from the 0.955 percent of handle for
395 thoroughbred races conducted, received, broadcast, or simulcast
396 under this chapter as provided in s. 550.2625(3). The moneys for
397 quarter horse and harness breeders’ awards will come from the
398 breaks and uncashed tickets on live quarter horse and harness
399 racing performances and 1 percent of handle on intertrack
400 wagering. The funds for these breeders’ awards shall be paid to
401 the respective breeders’ associations by the permitholders
402 conducting the races.
403 Section 7. Section 550.475, Florida Statutes, is amended to
404 read:
405 550.475 Lease of pari-mutuel facilities by pari-mutuel
406 permitholders.—Holders of valid pari-mutuel permits for the
407 conduct of any jai alai games, dogracing, or thoroughbred and
408 standardbred horse racing in this state are entitled to lease
409 any and all of their facilities to any other holder of a same
410 class valid pari-mutuel permit for jai alai games, dogracing, or
411 thoroughbred or standardbred horse racing, when located within a
412 35-mile radius of each other; and such lessee is entitled to a
413 permit and license to operate its race meet or jai alai games at
414 the leased premises.
415 Section 8. Section 550.615, Florida Statutes, is amended to
416 read:
417 550.615 Intertrack wagering.—
418 (1) Any horserace permitholder licensed under this chapter
419 which has conducted a full schedule of live racing may, at any
420 time, receive broadcasts of horseraces and accept wagers on
421 horseraces conducted by horserace permitholders licensed under
422 this chapter at its facility.
423 (2) A Any track or fronton licensed under this chapter that
424 conducted a full schedule of live racing or games which in the
425 preceding year, or any greyhound permitholder that has held an
426 annual license to conduct pari-mutuel wagering activities in
427 each of the preceding 10 years or was converted pursuant to s.
428 550.054(14), conducted a full schedule of live racing is
429 qualified to, at any time, receive broadcasts of any class of
430 pari-mutuel race or game and accept wagers on such races or
431 games conducted by any class of permitholders licensed under
432 this chapter.
433 (3) If a permitholder elects to broadcast its signal to any
434 permitholder in this state, any permitholder that is eligible to
435 conduct intertrack wagering under the provisions of ss. 550.615
436 550.6345 is entitled to receive the broadcast and conduct
437 intertrack wagering under this section; provided, however, that
438 the host track may require a guest track within 25 miles of
439 another permitholder to receive in any week at least 60 percent
440 of the live races that the host track is making available on the
441 days that the guest track is otherwise operating live races or
442 games. A host track may require a guest track not operating live
443 races or games and within 25 miles of another permitholder to
444 accept within any week at least 60 percent of the live races
445 that the host track is making available. A person may not
446 restrain or attempt to restrain any permitholder that is
447 otherwise authorized to conduct intertrack wagering from
448 receiving the signal of any other permitholder or sending its
449 signal to any permitholder.
450 (4) In no event shall any intertrack wager be accepted on
451 the same class of live races or games of any permitholder
452 without the written consent of such operating permitholders
453 conducting the same class of live races or games if the guest
454 track is within the market area of such operating permitholder.
455 A greyhound permitholder licensed under chapter 551 that accepts
456 intertrack wagers on live greyhound signals is not required to
457 obtain the written consent required by this subsection from any
458 operating greyhound permitholder within its market area.
459 (5) No permitholder within the market area of the host
460 track shall take an intertrack wager on the host track without
461 the consent of the host track.
462 (6) Notwithstanding the provisions of subsection (3), in
463 any area of the state where there are three or more horserace
464 permitholders within 25 miles of each other, intertrack wagering
465 between permitholders in said area of the state shall only be
466 authorized under the following conditions: Any permitholder,
467 other than a thoroughbred permitholder, may accept intertrack
468 wagers on races or games conducted live by a permitholder of the
469 same class or any harness permitholder located within such area
470 and any harness permitholder may accept wagers on games
471 conducted live by any jai alai permitholder located within its
472 market area and from a jai alai permitholder located within the
473 area specified in this subsection when no jai alai permitholder
474 located within its market area is conducting live jai alai
475 performances; any greyhound or jai alai permitholder may receive
476 broadcasts of and accept wagers on any permitholder of the other
477 class provided that a permitholder, other than the host track,
478 of such other class is not operating a contemporaneous live
479 performance within the market area.
480 (7) In any county of the state where there are only two
481 permits, one for dogracing and one for jai alai, no intertrack
482 wager may be taken during the period of time when a permitholder
483 is not licensed to conduct live races or games without the
484 written consent of the other permitholder that is conducting
485 live races or games. However, if neither permitholder is
486 conducting live races or games, either permitholder may accept
487 intertrack wagers on horseraces or on the same class of races or
488 games, or on both horseraces and the same class of races or
489 games as is authorized by its permit.
490 (7)(8) In any three contiguous counties of the state where
491 there are only three permitholders, all of which are greyhound
492 permitholders, If any greyhound permitholder leases the facility
493 of another greyhound permitholder for the purpose of conducting
494 all or any portion of the conduct of its live race meet pursuant
495 to s. 550.475, such lessee may conduct intertrack wagering at
496 its pre-lease permitted facility throughout the entire year,
497 including while its race live meet is being conducted at the
498 leased facility, if such permitholder has conducted a full
499 schedule of live racing during the preceding fiscal year at its
500 pre-lease permitted facility or at a leased facility, or
501 combination thereof.
502 (8)(9) In any two contiguous counties of the state in which
503 there are located only four active permits, one for thoroughbred
504 horse racing, two for greyhound dogracing, and one for jai alai
505 games, no intertrack wager may be accepted on the same class of
506 live races or games of any permitholder without the written
507 consent of such operating permitholders conducting the same
508 class of live races or games if the guest track is within the
509 market area of such operating permitholder.
510 (9)(10) All costs of receiving the transmission of the
511 broadcasts shall be borne by the guest track; and all costs of
512 sending the broadcasts shall be borne by the host track.
513 Section 9. Paragraph (g) of subsection (9) of section
514 550.6305, Florida Statutes, is amended to read:
515 550.6305 Intertrack wagering; guest track payments;
516 accounting rules.—
517 (9) A host track that has contracted with an out-of-state
518 horse track to broadcast live races conducted at such out-of
519 state horse track pursuant to s. 550.3551(5) may broadcast such
520 out-of-state races to any guest track and accept wagers thereon
521 in the same manner as is provided in s. 550.3551.
522 (g)1. Any thoroughbred permitholder which accepts wagers on
523 a simulcast signal must make the signal available to any
524 permitholder that is eligible to conduct intertrack wagering
525 under the provisions of ss. 550.615-550.6345.
526 2. Any thoroughbred permitholder which accepts wagers on a
527 simulcast signal received after 6 p.m. must make such signal
528 available to any permitholder that is eligible to conduct
529 intertrack wagering under the provisions of ss. 550.615
530 550.6345, including any permitholder located as specified in s.
531 550.615(6). Such guest permitholders are authorized to accept
532 wagers on such simulcast signal, notwithstanding any other
533 provision of this chapter to the contrary.
534 3. Any thoroughbred permitholder which accepts wagers on a
535 simulcast signal received after 6 p.m. must make such signal
536 available to any permitholder that is eligible to conduct
537 intertrack wagering under the provisions of ss. 550.615
538 550.6345, including any permitholder located as specified in s.
539 550.615(8)(9). Such guest permitholders are authorized to accept
540 wagers on such simulcast signals for a number of performances
541 not to exceed that which constitutes a full schedule of live
542 races for a quarter horse permitholder pursuant to s.
543 550.002(11), notwithstanding any other provision of this chapter
544 to the contrary, except that the restrictions provided in s.
545 550.615(8)(9)(a) apply to wagers on such simulcast signals.
546
547 No thoroughbred permitholder shall be required to continue
548 to rebroadcast a simulcast signal to any in-state permitholder
549 if the average per performance gross receipts returned to the
550 host permitholder over the preceding 30-day period were less
551 than $100. Subject to the provisions of s. 550.615(4), as a
552 condition of receiving rebroadcasts of thoroughbred simulcast
553 signals under this paragraph, a guest permitholder must accept
554 intertrack wagers on all live races conducted by all then
555 operating thoroughbred permitholders.
556 Section 10. Paragraph (c) of subsection (4) of section
557 551.104, Florida Statutes, is amended to read:
558 551.104 License to conduct slot machine gaming.—
559 (4) As a condition of licensure and to maintain continued
560 authority for the conduct of slot machine gaming, the slot
561 machine licensee shall:
562 (c) Conduct no fewer than a full schedule of live racing or
563 games as defined in s. 550.002(11), except for holders of
564 greyhound permits, which have no live racing requirement. A
565 permitholder’s responsibility to conduct such number of live
566 races or games shall be reduced by the number of races or games
567 that could not be conducted due to the direct result of fire,
568 war, hurricane, or other disaster or event beyond the control of
569 the permitholder.
570 Section 11. Subsections (2) and (4) of section 551.114,
571 Florida Statutes, are amended to read:
572 551.114 Slot machine gaming areas.—
573 (2) The slot machine licensee shall display pari-mutuel
574 races or games within the designated slot machine gaming areas
575 and offer patrons within the designated slot machine gaming
576 areas the ability to engage in pari-mutuel wagering on any live,
577 intertrack, and simulcast races conducted or offered to patrons
578 of the licensed facility.
579 (4) Designated slot machine gaming areas may be located
580 within the current live gaming facility or in an existing
581 building that must be contiguous and connected to the live
582 gaming facility, if applicable. If a designated slot machine
583 gaming area is to be located in a building that is to be
584 constructed, that new building must be contiguous and connected
585 to the live gaming facility.
586 Section 12. Paragraphs (a) and (b) of subsection (5) and
587 paragraph (d) of subsection (13) of section 849.086, Florida
588 Statutes, are amended to read:
589 849.086 Cardrooms authorized.—
590 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
591 operate a cardroom in this state unless such person holds a
592 valid cardroom license issued pursuant to this section.
593 (a) Only those persons holding a valid cardroom license
594 issued by the division may operate a cardroom. A cardroom
595 license may only be issued to a licensed pari-mutuel
596 permitholder and an authorized cardroom may only be operated at
597 the same facility at which the permitholder is authorized under
598 its valid pari-mutuel wagering permit to conduct pari-mutuel
599 wagering activities. An initial cardroom license shall be issued
600 to a pari-mutuel permitholder only after its facilities are in
601 place and after it conducts its first day of live racing or
602 games or, for a greyhound permitholder, only after it has
603 conducted a full schedule of live racing in each of the
604 preceding 10 years or after it was converted pursuant to s.
605 550.054(14). A new cardroom license may not be issued in an area
606 unless the local government has approved such activity within
607 its boundaries in accordance with subsection (16).
608 (b) After the initial cardroom license is granted, the
609 application for the annual license renewal shall be made in
610 conjunction with the applicant’s annual application for its
611 pari-mutuel license. If a permitholder has operated a cardroom
612 during any of the 3 previous fiscal years and fails to include a
613 renewal request for the operation of the cardroom in its annual
614 application for license renewal, the permitholder may amend its
615 annual application to include operation of the cardroom. Except
616 for greyhound permitholders, in order for a cardroom license to
617 be renewed the applicant must have requested, as part of its
618 pari-mutuel annual license application, to conduct at least 90
619 percent of the total number of live performances conducted by
620 such permitholder during either the state fiscal year in which
621 its initial cardroom license was issued or the state fiscal year
622 immediately prior thereto if the permitholder ran at least a
623 full schedule of live racing or games in the prior year. If the
624 application is for a harness permitholder cardroom, the
625 applicant must have requested authorization to conduct a minimum
626 of 140 live performances during the state fiscal year
627 immediately prior thereto. If more than one permitholder is
628 operating at a facility, each permitholder must have applied for
629 a license to conduct a full schedule of live racing. However, a
630 minimum number of requested or conducted live performances is
631 not required in order for a greyhound permitholder to maintain
632 or renew a cardroom license.
633 (13) TAXES AND OTHER PAYMENTS.—
634 (d)1. Each greyhound and jai alai permitholder that
635 operates a cardroom facility shall use at least 4 percent of
636 such permitholder’s cardroom monthly gross receipts to
637 supplement greyhound purses if live racing is conducted during a
638 fiscal year, or jai alai prize money, respectively, during the
639 permitholder’s current or next ensuing pari-mutuel meet.
640 2. Each thoroughbred and harness horse racing permitholder
641 that operates a cardroom facility shall use at least 50 percent
642 of such permitholder’s cardroom monthly net proceeds as follows:
643 47 percent to supplement purses and 3 percent to supplement
644 breeders’ awards during the permitholder’s next ensuing racing
645 meet.
646 3. No cardroom license or renewal thereof shall be issued
647 to an applicant holding a permit under chapter 550 to conduct
648 pari-mutuel wagering meets of quarter horse racing unless the
649 applicant has on file with the division a binding written
650 agreement between the applicant and the Florida Quarter Horse
651 Racing Association or the association representing a majority of
652 the horse owners and trainers at the applicant’s eligible
653 facility, governing the payment of purses on live quarter horse
654 races conducted at the licensee’s pari-mutuel facility. The
655 agreement governing purses may direct the payment of such purses
656 from revenues generated by any wagering or gaming the applicant
657 is authorized to conduct under Florida law. All purses shall be
658 subject to the terms of chapter 550.
659 Section 13. This act shall take effect July 1, 2012.
660
661
662 ================= T I T L E A M E N D M E N T ================
663 And the title is amended as follows:
664 Delete everything before the enacting clause
665 and insert:
666 A bill to be entitled
667 An act relating to greyhound racing; amending s.
668 550.002, F.S., which defines the term “full schedule
669 of live racing or games”; providing that a greyhound
670 permitholder shall not be required to conduct a
671 minimum number of live performances; amending s.
672 550.01215, F.S.; revising requirements for an
673 application for a license to conduct performances;
674 extending the period of time allowed to amend certain
675 applications; amending s. 550.054, F.S.; removing a
676 requirement for holders of certain converted permits
677 to conduct a full schedule of live racing to qualify
678 for certain tax credits; amending s. 550.0951, F.S.;
679 deleting provisions relating to transfer of certain
680 unused exemptions or credits; conforming a cross
681 reference; amending s. 550.09514, F.S.; providing for
682 transfer of certain unused exemptions or credits;
683 revising purse requirements for greyhound racing and
684 provisions for payment of purses; amending s. 550.475,
685 F.S., relating to lease of pari-mutuel facilities by
686 pari-mutuel permitholders; revising terminology to
687 conform to changes made by the act; amending s.
688 550.615, F.S.; revising provisions for intertrack
689 wagering; amending ss. 550.26165 and 550.6305, F.S.;
690 conforming cross-references to changes made by the
691 act; amending s. 551.104, F.S.; revising a condition
692 of licensure for the conduct of slot machine gaming;
693 amending s. 551.114, F.S.; revising requirements for
694 designated slot machine gaming areas; amending s.
695 849.086, F.S.; revising requirements for initial and
696 renewal issuance of a cardroom license to a greyhound
697 permitholder; providing that a minimum number of
698 requested or conducted live performances is not
699 required in order for a greyhound permitholder to
700 maintain or renew a cardroom license; providing an
701 effective date.