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.