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.