Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 840
       
       
       
       
       
       
                                Ì831572)Î831572                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/17/2018           .                                
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       The Committee on Regulated Industries (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 156 - 290
    4  and insert:
    5  racing permitholders, jai alai permitholders, harness horse
    6  racing permitholders, quarter horse racing permitholders, and
    7  thoroughbred horse racing permitholders that do not to conduct
    8  live performances during the next state fiscal year. Each
    9  application for live performances must shall specify the number,
   10  dates, and starting times of all live performances that which
   11  the permitholder intends to conduct. It must shall also specify
   12  which performances will be conducted as charity or scholarship
   13  performances.
   14         (a)In addition, Each application for an operating a
   15  license also must shall include:,
   16         1. For each permitholder, whether the permitholder intends
   17  to accept wagers on intertrack or simulcast events.
   18         2.For each permitholder that elects which elects to
   19  operate a cardroom, the dates and periods of operation the
   20  permitholder intends to operate the cardroom. or,
   21         3. For each thoroughbred racing permitholder that which
   22  elects to receive or rebroadcast out-of-state races after 7
   23  p.m., the dates for all performances which the permitholder
   24  intends to conduct.
   25         (b)A greyhound racing permitholder that conducted a full
   26  schedule of live racing for a period of at least 10 consecutive
   27  state fiscal years after the 1996-1997 state fiscal year, or
   28  that converted its permit to a permit to conduct greyhound
   29  racing after the 1996-1997 state fiscal year, irrevocably may
   30  elect not to conduct live racing if the election is made within
   31  2 years after the effective date of this act. A greyhound racing
   32  permitholder may retain its permit; is a pari-mutuel facility as
   33  defined in s. 550.002(23); if such permitholder has been issued
   34  a slot machine license, the facility where such permit is
   35  located remains an eligible facility as defined in s.
   36  551.102(4), continues to be eligible for a slot machine license,
   37  and is exempt from ss. 551.104(3) and (4)(c)1. and 551.114(2)
   38  and (4); is eligible, but not required, to be a guest track for
   39  purposes of intertrack wagering and simulcasting pursuant to ss.
   40  550.3551, 550.615, and 550.6305; and, if such permitholder has
   41  been issued a cardroom license, remains eligible for a cardroom
   42  license notwithstanding any requirement in s. 849.086 for the
   43  conduct of live racing. A greyhound racing permitholder may
   44  receive an operating license to conduct pari-mutuel wagering
   45  activities at another permitholder’s greyhound racing facility
   46  pursuant to s. 550.475.
   47         (c)1.A thoroughbred horse racing permitholder that has
   48  conducted live racing for at least 5 years irrevocably may elect
   49  not to conduct live racing if the election is made within 30
   50  days after the effective date of this act. A thoroughbred horse
   51  racing permitholder that makes such election may retain such
   52  permit, must specify in future applications for an operating
   53  license that it does not intend to conduct live racing, and is a
   54  pari-mutuel facility as defined in s. 550.002(23).
   55         2.If a thoroughbred horse racing permitholder makes such
   56  election and if such permitholder holds a slot machine license
   57  when such election is made, the facility where such permit is
   58  located:
   59         a.Remains an eligible facility pursuant to s. 551.102(4),
   60  and continues to be eligible for a slot machine license;
   61         b.Is exempt from ss. 550.5251, 551.104(3) and (4)(c)1.,
   62  and 551.114(2) and (4);
   63         c.Is eligible, but not required, to be a guest track for
   64  purposes of intertrack wagering and simulcasting; and
   65         d.Remains eligible for a cardroom license, notwithstanding
   66  any requirement in s. 849.086 for the conduct of live racing.
   67         3.A thoroughbred horse racing permitholder that makes such
   68  election shall comply with all contracts regarding contributions
   69  by such permitholder to thoroughbred horse purse supplements or
   70  breeders’ awards entered into before the effective date of this
   71  act pursuant to s. 551.104(10)(a). At the time of such election,
   72  such permitholder shall file with the division an irrevocable
   73  consent that such contributions shall be allowed to be used for
   74  purses and awards on live races at other thoroughbred horse
   75  racing facilities in this state. This subparagraph and s.
   76  551.104(10)(a) do not apply after December 31, 2020, to a
   77  thoroughbred horse racing permitholder that made such election.
   78         (d) A jai alai permitholder, harness horse racing
   79  permitholder, or a quarter horse racing permitholder that has
   80  conducted live racing or games for at least 5 years irrevocably
   81  may elect not to conduct live racing or games if the election is
   82  made within 2 years after the effective date of this act. A
   83  permitholder that makes such election may retain its permit; is
   84  a pari-mutuel facility as defined in s. 550.002(23); if such
   85  permitholder has been issued a slot machine license, the
   86  facility where such permit is located remains an eligible
   87  facility as defined in s. 551.102(4), continues to be eligible
   88  for a slot machine license, and is exempt from ss. 551.104(3)
   89  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
   90  required, to be a guest track and, if the permitholder is a
   91  harness horse racing permitholder, to be a host track for
   92  purposes of intertrack wagering and simulcasting pursuant to ss.
   93  550.3551, 550.615, 550.625, and 550.6305; and, if such
   94  permitholder has been issued a cardroom license, remains
   95  eligible for a cardroom license notwithstanding any requirement
   96  in s. 849.086 to conduct live racing or games.
   97         (e) Permitholders may shall be entitled to amend their
   98  applications through February 28.
   99         (3) The division shall issue each license no later than
  100  March 15. Each permitholder shall operate all performances at
  101  the date and time specified on its license. The division shall
  102  have the authority to approve minor changes in racing dates
  103  after a license has been issued. The division may approve
  104  changes in racing dates after a license has been issued when
  105  there is no objection from any operating permitholder located
  106  within 50 miles of the permitholder requesting the changes in
  107  operating dates. In the event of an objection, the division
  108  shall approve or disapprove the change in operating dates based
  109  upon the impact on operating permitholders located within 50
  110  miles of the permitholder requesting the change in operating
  111  dates. In making the determination to change racing dates, the
  112  division shall take into consideration the impact of such
  113  changes on state revenues. Notwithstanding any other provision
  114  of law, and for the 2018-2019 fiscal year only, the division may
  115  approve changes in racing dates for permitholders if the request
  116  for such changes is received before May 31, 2018.
  117         Section 3. Paragraph (c) of subsection (4) of section
  118  551.104, Florida Statutes, is amended to read:
  119         551.104 License to conduct slot machine gaming.—
  120         (4) As a condition of licensure and to maintain continued
  121  authority for the conduct of slot machine gaming, a the slot
  122  machine licensee shall:
  123         (c)1. Conduct no less fewer than a full schedule of live
  124  racing or games as defined in s. 550.002(11), unless conducting
  125  less than a full schedule of live racing or games pursuant to s.
  126  550.01215(1)(b), (c), or (d). A permitholder’s responsibility to
  127  conduct a full schedule such number of live races or games, as
  128  defined in s. 550.002(11), shall be reduced by the number of
  129  races or games that could not be conducted due to the direct
  130  result of fire, war, hurricane, or other disaster or event
  131  beyond the control of the permitholder. A permitholder may
  132  conduct live races or games at another pari-mutuel facility
  133  pursuant to s. 550.475 if such permitholder has operated its
  134  live races or games by lease for at least 5 consecutive years
  135  immediately prior to the permitholder’s application for a slot
  136  machine license.
  137         2. If not licensed to conduct a full schedule of live
  138  racing or games, as defined in s. 550.002(11), pursuant to s.
  139  550.01215(1)(b), (c), or (d), remit for the payment of purses
  140  and awards on live races an amount equal to the lesser of $l.5
  141  million or 2.75 percent of its slot machine revenues from the
  142  previous
  143  
  144  ================= T I T L E  A M E N D M E N T ================
  145  And the title is amended as follows:
  146         Delete lines 7 - 42
  147  and insert:
  148         permitholder to elect not to conduct live racing if
  149         the election is made by a specified date; providing
  150         that a greyhound racing permitholder that has been
  151         issued a slot machine license remains an eligible
  152         facility, continues to be eligible for a slot machine
  153         license, is exempt from certain provisions of ch. 551,
  154         F.S., is eligible to be a guest track for certain
  155         purposes, and remains eligible for a cardroom license;
  156         authorizing a greyhound racing permitholder to receive
  157         an operating license to conduct pari-mutuel wagering
  158         activities at another permitholder’s greyhound racing
  159         facility; authorizing a thoroughbred horse racing
  160         permitholder to elect not to conduct live racing under
  161         certain circumstances; authorizing a thoroughbred
  162         horse racing permitholder that elects not to conduct
  163         live racing to retain its permit and requiring the
  164         permitholder to specify its intention not to conduct
  165         live racing in future applications and that it is a
  166         pari-mutuel facility; authorizing such thoroughbred
  167         horse racing permitholder’s facility to remain an
  168         eligible facility, to continue to be eligible for a
  169         slot machine license, to be exempt from certain
  170         provisions of chs. 550 and 551, F.S., to be eligible
  171         as a guest track for intertrack wagering and
  172         simulcasting, and to remain eligible for a cardroom
  173         license; requiring that such permitholder comply with
  174         all contracts regarding distributions to thoroughbred
  175         horse purse supplements or breeders’ awards entered
  176         into before a specified date; requiring, for a
  177         specified period, that such permitholder file with the
  178         division an irrevocable consent authorizing the use of
  179         certain contributions for specified purses and awards;
  180         authorizing jai alai permitholders, harness horse
  181         racing permitholders, and quarter horse racing
  182         permitholders to elect not to conduct live racing or
  183         games under certain circumstances; authorizing a
  184         permitholder that elects not to conduct live racing or
  185         games to retain its permit and