Florida Senate - 2014                                     SB 994
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-00816-14                                            2014994__
    1                        A bill to be entitled                      
    2         An act relating to advance deposit wagering; creating
    3         s. 550.6346, F.S.; authorizing the Division of Pari
    4         mutuel Wagering to authorize advance deposit wagering
    5         conducted by certain permitholders or certain
    6         operators contracting with a permitholder; specifying
    7         requirements for a person authorized to conduct
    8         advance deposit wagering; requiring the division to
    9         adopt rules; providing an effective date.
   10  
   11         WHEREAS, advance deposit wagering is neither specifically
   12  permitted nor prohibited by Florida law, and yet advance deposit
   13  wagering companies are deeming advance deposit wagering to be
   14  legal in this state, and
   15         WHEREAS, Florida pari-mutuel operations are missing the
   16  opportunity to collect revenue generated by advance deposit
   17  wagers placed by Florida residents, thereby harming stakeholders
   18  such as operators, horsemen, and greyhound breeders and trainers
   19  and harming the state through reduced tax revenues, and
   20         WHEREAS, handle at the Oregon hub system used by many
   21  Florida residents increased 47 percent from 2007 to 2012 while
   22  pari-mutuel handle in Florida fell 41 percent during the same
   23  period, and
   24         WHEREAS, other states have successfully imposed fees and
   25  taxes on advance deposit wagering operators who collect wagers
   26  from their residents, NOW, THEREFORE,
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 550.6346, Florida Statutes, is created
   31  to read:
   32         550.6346 Advance deposit wagering.—
   33         (1) As used in this section, the term:
   34         (a) “Advance deposit wagering” means a form of pari-mutuel
   35  wagering in which an individual deposits money into an account
   36  with a person authorized by the division to conduct advance
   37  deposit wagering and such individual uses the account funds to
   38  pay for pari-mutuel wagers made in person, by telephone, or
   39  through communication by other electronic means.
   40         (b) “Permitholder” means a person that is issued a permit
   41  under this chapter.
   42         (2) The division may authorize advance deposit wagering
   43  conducted by:
   44         (a) A permitholder; or
   45         (b) An operator of an advance deposit wagering system
   46  accepting wagers pursuant to an agreement with a permitholder if
   47  the agreement is approved by the division.
   48         (3) A person authorized to conduct advance deposit wagering
   49  under subsection (2) may accept advance deposit wagering for:
   50         (a) Races conducted in this state under a permit issued
   51  under this chapter; or
   52         (b) Races conducted in another state on a schedule approved
   53  by the permitholder.
   54         (4) Residents or other individuals located within the state
   55  may not place wagers through a system of advance deposit
   56  wagering except with a person authorized to conduct advance
   57  deposit wagering under subsection (2). Only persons authorized
   58  to conduct advance deposit wagering under subsection (2) may
   59  accept wagers from residents or other individuals located within
   60  the state.
   61         (5) A person authorized to conduct advance deposit wagering
   62  under subsection (2) may not:
   63         (a) Accept an account wager in an amount in excess of the
   64  funds on deposit in the advance deposit wagering account of the
   65  individual placing the wager; or
   66         (b) Allow individuals younger than 21 years of age to open,
   67  own, or have access to an advance deposit wagering account.
   68         (6) A person authorized to conduct advance deposit wagering
   69  under subsection (2) must:
   70         (a) Include a statement in all forms of advertising for
   71  advance deposit wagering that individuals younger than 21 years
   72  of age are not allowed to open, own, or have access to an
   73  advance deposit wagering account; and
   74         (b) Verify the identification, residence, and age of the
   75  advance deposit wagering account holder using methods and
   76  technologies approved by the division.
   77         (7) The division shall adopt rules to administer this
   78  section.
   79         Section 2. This act shall take effect July 1, 2014.