Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 408
       
       
       
       
       
       
                                Ì238598fÎ238598                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2025           .                                
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       The Committee on Regulated Industries (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (1) of section
    6  550.01215, Florida Statutes, is amended to read:
    7         550.01215 License application; periods of operation;
    8  license fees; bond.—
    9         (1) Each permitholder shall annually, during the period
   10  between January 15 and February 4, file in writing with the
   11  commission its application for an operating license for a pari
   12  mutuel facility for the conduct of pari-mutuel wagering during
   13  the next state fiscal year, including intertrack and simulcast
   14  race wagering. Each application for live performances must
   15  specify the number, dates, and starting times of all live
   16  performances that the permitholder intends to conduct. It must
   17  also specify which performances will be conducted as charity or
   18  scholarship performances.
   19         (b)1. A greyhound permitholder may not conduct live racing.
   20  A jai alai permitholder, harness horse racing permitholder, or
   21  quarter horse racing permitholder may elect not to conduct live
   22  racing or games. A thoroughbred permitholder must conduct live
   23  racing pursuant to subparagraph 2. A greyhound permitholder, jai
   24  alai permitholder, harness horse racing permitholder, or quarter
   25  horse racing permitholder, or thoroughbred permitholder pursuant
   26  to subparagraph 2. that does not conduct live racing or games
   27  retains its permit; is a pari-mutuel facility as defined in s.
   28  550.002(23); if such permitholder has been issued a slot machine
   29  license, the facility where such permit is located remains an
   30  eligible facility as defined in s. 551.102(4), continues to be
   31  eligible for a slot machine license pursuant to s. 551.104(3),
   32  and is exempt from ss. 551.104(10) and 551.114(2) ss.
   33  551.104(4)(c) and (10) and 551.114(2); is eligible, but not
   34  required, to be a guest track and, if the permitholder is a
   35  harness horse racing permitholder or a thoroughbred permitholder
   36  pursuant to subparagraph 2., to be a host track for purposes of
   37  intertrack wagering and simulcasting pursuant to ss. 550.3551,
   38  550.615, 550.625, and 550.6305; and remains eligible for a
   39  cardroom license.
   40         2. A thoroughbred permitholder who operates a slot machine
   41  facility or cardroom shall conduct a full schedule of live
   42  racing until such permitholder notifies the commission that it
   43  will no longer conduct live racing. Notice under this
   44  subparagraph is not valid unless it is delivered to the
   45  commission on or after July 1, 2028, and contains the date on
   46  which the permitholder will no longer conduct live racing, which
   47  may not be earlier than 4 years after the date of the notice.
   48         3.2. A permitholder or licensee may not conduct live
   49  greyhound racing or dogracing in connection with any wager for
   50  money or any other thing of value in the state. The commission
   51  may deny, suspend, or revoke any permit or license under this
   52  chapter if a permitholder or licensee conducts live greyhound
   53  racing or dogracing in violation of this subparagraph. In
   54  addition to, or in lieu of, denial, suspension, or revocation of
   55  such permit or license, the commission may impose a civil
   56  penalty of up to $5,000 against the permitholder or licensee for
   57  a violation of this subparagraph. All penalties imposed and
   58  collected must be deposited with the Chief Financial Officer to
   59  the credit of the General Revenue Fund.
   60         Section 2. Paragraph (c) of subsection (3) of section
   61  550.0951, Florida Statutes, is amended to read:
   62         550.0951 Payment of daily license fee and taxes;
   63  penalties.—
   64         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
   65  contributions to pari-mutuel pools, the aggregate of which is
   66  hereinafter referred to as “handle,” on races or games conducted
   67  by the permitholder. The tax is imposed daily and is based on
   68  the total contributions to all pari-mutuel pools conducted
   69  during the daily performance. If a permitholder conducts more
   70  than one performance daily, the tax is imposed on each
   71  performance separately.
   72         (c)1. The tax on handle for intertrack wagering is 2.0
   73  percent of the handle if the host track is a horse track, 3.3
   74  percent if the host track is a harness track, 5.5 percent if the
   75  host track is a dog track, and 7.1 percent if the host track is
   76  a jai alai fronton. The tax on handle for intertrack wagering is
   77  0.5 percent if the host track and the guest track are
   78  thoroughbred permitholders or if the guest track is located
   79  outside the market area of the host track and within the market
   80  area of a thoroughbred permitholder that conducted a full
   81  schedule of live racing the preceding fiscal year currently
   82  conducting a live race meet. The tax on handle for intertrack
   83  wagering on rebroadcasts of simulcast thoroughbred horseraces is
   84  2.4 percent of the handle and 1.5 percent of the handle for
   85  intertrack wagering on rebroadcasts of simulcast harness
   86  horseraces. The tax shall be deposited into the Pari-mutuel
   87  Wagering Trust Fund.
   88         2. The tax on handle for intertrack wagers accepted by any
   89  dog track located in an area of the state in which there are
   90  only three permitholders, all of which are greyhound
   91  permitholders, located in three contiguous counties, from any
   92  greyhound permitholder also located within such area or any dog
   93  track or jai alai fronton located as specified in s. 550.615(6)
   94  or (9), on races or games received from the same class of
   95  permitholder located within the same market area is 3.9 percent
   96  if the host facility is a greyhound permitholder and, if the
   97  host facility is a jai alai permitholder, the rate shall be 6.1
   98  percent except that it shall be 2.3 percent on handle at such
   99  time as the total tax on intertrack handle paid to the
  100  commission by the permitholder during the current state fiscal
  101  year exceeds the total tax on intertrack handle paid to the
  102  commission by the permitholder during the 1992-1993 state fiscal
  103  year.
  104         Section 3. Paragraph (a) of subsection (10) of section
  105  551.104, Florida Statutes, is amended to read:
  106         551.104 License to conduct slot machine gaming.—
  107         (10)(a)1. Until a thoroughbred permitholder is no longer
  108  conducting live racing pursuant to s. 550.01215(1)(b)2., a no
  109  slot machine license or renewal thereof may not shall be issued
  110  to an applicant holding a permit under chapter 550 to conduct
  111  pari-mutuel wagering meets of thoroughbred racing unless the
  112  applicant has on file with the commission a binding written
  113  agreement between the applicant and the Florida Horsemen’s
  114  Benevolent and Protective Association, Inc., governing the
  115  payment of purses on live thoroughbred races conducted at the
  116  licensee’s pari-mutuel facility. In addition, a no slot machine
  117  license or renewal thereof may not shall be issued to such an
  118  applicant unless the applicant has on file with the commission a
  119  binding written agreement between the applicant and the Florida
  120  Thoroughbred Breeders’ Association, Inc., governing the payment
  121  of breeders’, stallion, and special racing awards on live
  122  thoroughbred races conducted at the licensee’s pari-mutuel
  123  facility. The agreement governing purses and the agreement
  124  governing awards may direct the payment of such purses and
  125  awards from revenues generated by any wagering or gaming the
  126  applicant is authorized to conduct under Florida law. All purses
  127  and awards are shall be subject to the terms of chapter 550. All
  128  sums for breeders’, stallion, and special racing awards are
  129  shall be remitted monthly to the Florida Thoroughbred Breeders’
  130  Association, Inc., for the payment of awards subject to the
  131  administrative fee authorized in s. 550.2625(3).
  132         2. A No slot machine license or renewal thereof may not
  133  shall be issued to an applicant holding a permit under chapter
  134  550 to conduct pari-mutuel wagering meets of quarter horse
  135  racing unless the applicant has on file with the commission a
  136  binding written agreement between the applicant and the Florida
  137  Quarter Horse Racing Association or the association representing
  138  a majority of the horse owners and trainers at the applicant’s
  139  eligible facility, governing the payment of purses on live
  140  quarter horse races conducted at the licensee’s pari-mutuel
  141  facility. The agreement governing purses may direct the payment
  142  of such purses from revenues generated by any wagering or gaming
  143  the applicant is authorized to conduct under Florida law. All
  144  purses are shall be subject to the terms of chapter 550.
  145         Section 4. Paragraph (c) of subsection (5) and paragraph
  146  (d) of subsection (13) of section 849.086, Florida Statutes, are
  147  amended to read:
  148         849.086 Cardrooms authorized.—
  149         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  150  operate a cardroom in this state unless such person holds a
  151  valid cardroom license issued pursuant to this section.
  152         (c) Notwithstanding any other provision of law, a pari
  153  mutuel permitholder, other than a permitholder issued a permit
  154  pursuant to s. 550.3345 or a purchaser, transferee, or assignee
  155  holding a valid permit for the conduct of pari-mutuel wagering
  156  approved pursuant to s. 550.054(15)(a), may not be issued a
  157  license for the operation of a cardroom if the permitholder did
  158  not hold an operating license for the conduct of pari-mutuel
  159  wagering for fiscal year 2020-2021. In order for an initial
  160  cardroom license to be issued to a thoroughbred permitholder
  161  issued a permit pursuant to s. 550.3345, the applicant must have
  162  requested, as part of its pari-mutuel annual license
  163  application, to conduct at least a full schedule of live racing.
  164  In order for a cardroom license to be renewed by a thoroughbred
  165  permitholder, the applicant must have requested, as part of its
  166  pari-mutuel annual license application, to conduct at least 90
  167  percent of the total number of live performances conducted by
  168  such permitholder during either the state fiscal year in which
  169  its initial cardroom license was issued or the state fiscal year
  170  immediately prior thereto if the permitholder ran at least a
  171  full schedule of live racing or games in the prior year.
  172         (13) TAXES AND OTHER PAYMENTS.—
  173         (d)1. Each jai alai permitholder that conducts live
  174  performances and operates a cardroom facility shall use at least
  175  4 percent of such permitholder’s cardroom monthly gross receipts
  176  to supplement jai alai prize money during the permitholder’s
  177  next ensuing pari-mutuel meet.
  178         2. Until a thoroughbred permitholder is no longer
  179  conducting live racing pursuant to s. 550.01215(1)(b)2., each
  180  thoroughbred permitholder or harness horse racing permitholder
  181  that conducts live performances and operates a cardroom facility
  182  shall use at least 50 percent of such permitholder’s cardroom
  183  monthly net proceeds as follows: 47 percent to supplement purses
  184  and 3 percent to supplement breeders’ awards during the
  185  permitholder’s next ensuing racing meet.
  186         3. A No cardroom license or renewal thereof may not shall
  187  be issued to an applicant holding a permit under chapter 550 to
  188  conduct pari-mutuel wagering meets of quarter horse racing and
  189  conducting live performances unless the applicant has on file
  190  with the commission a binding written agreement between the
  191  applicant and the Florida Quarter Horse Racing Association or
  192  the association representing a majority of the horse owners and
  193  trainers at the applicant’s eligible facility, governing the
  194  payment of purses on live quarter horse races conducted at the
  195  licensee’s pari-mutuel facility. The agreement governing purses
  196  may direct the payment of such purses from revenues generated by
  197  any wagering or gaming the applicant is authorized to conduct
  198  under Florida law. All purses are shall be subject to the terms
  199  of chapter 550.
  200         Section 5. For the purpose of incorporating the amendment
  201  made by this act to section 550.01215, Florida Statutes, in a
  202  reference thereto, subsection (3) of section 550.3551, Florida
  203  Statutes, is reenacted to read:
  204         550.3551 Transmission of racing and jai alai information;
  205  commingling of pari-mutuel pools.—
  206         (3) Any horse track licensed under this chapter may receive
  207  broadcasts of horseraces conducted at other horse racetracks
  208  located outside this state at the racetrack enclosure of the
  209  licensee, if the horse track conducted a full schedule of live
  210  racing during the preceding state fiscal year, or if the horse
  211  track does not conduct live racing as authorized under s.
  212  550.01215.
  213         (a) All broadcasts of horseraces received from locations
  214  outside this state must comply with the provisions of the
  215  Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
  216  3001 et seq.
  217         (b) Wagers accepted at the horse track in this state may
  218  be, but are not required to be, included in the pari-mutuel
  219  pools of the out-of-state horse track that broadcasts the race.
  220  Notwithstanding any contrary provisions of this chapter, if the
  221  horse track in this state elects to include wagers accepted on
  222  such races in the pari-mutuel pools of the out-of-state horse
  223  track that broadcasts the race, from the amount wagered by
  224  patrons at the horse track in this state and included in the
  225  pari-mutuel pools of the out-of-state horse track, the horse
  226  track in this state shall deduct as the takeout from the amount
  227  wagered by patrons at the horse track in this state and included
  228  in the pari-mutuel pools of the out-of-state horse track a
  229  percentage equal to the percentage deducted from the amount
  230  wagered at the out-of-state racetrack as is authorized by the
  231  laws of the jurisdiction exercising regulatory authority over
  232  the out-of-state horse track.
  233         (c) All forms of pari-mutuel wagering are allowed on races
  234  broadcast under this section, and all money wagered by patrons
  235  on such races shall be computed as part of the total amount of
  236  money wagered at each racing performance for purposes of
  237  taxation under ss. 550.0951, 550.09512, and 550.09515. Section
  238  550.2625(2)(a), (b), and (c) does not apply to any money wagered
  239  on races broadcast under this section. Similarly, the takeout
  240  shall be increased by breaks and uncashed tickets for wagers on
  241  races broadcast under this section, notwithstanding any contrary
  242  provision of this chapter.
  243         Section 6. For the purpose of incorporating the amendment
  244  made by this act to section 550.01215, Florida Statutes, in a
  245  reference thereto, subsection (2) of section 550.615, Florida
  246  Statutes, is reenacted to read:
  247         550.615 Intertrack wagering.—
  248         (2) Except as provided in subsection (1), a pari-mutuel
  249  permitholder that has met the applicable requirement for that
  250  permitholder to conduct live racing or games under s.
  251  550.01215(1)(b), if any, for fiscal year 2020-2021 is qualified
  252  to, at any time, receive broadcasts of any class of pari-mutuel
  253  race or game and accept wagers on such races or games conducted
  254  by any class of permitholders licensed under this chapter.
  255         Section 7. For the purpose of incorporating the amendment
  256  made by this act to section 550.0951, Florida Statutes, in a
  257  reference thereto, subsection (5) of section 550.09515, Florida
  258  Statutes, is reenacted to read:
  259         550.09515 Thoroughbred horse taxes; abandoned interest in a
  260  permit for nonpayment of taxes.—
  261         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
  262  the tax on handle for intertrack wagering on rebroadcasts of
  263  simulcast horseraces is 2.4 percent of the handle; provided
  264  however, that if the guest track is a thoroughbred track located
  265  more than 35 miles from the host track, the host track shall pay
  266  a tax of .5 percent of the handle, and additionally the host
  267  track shall pay to the guest track 1.9 percent of the handle to
  268  be used by the guest track solely for purses. The tax shall be
  269  deposited into the Pari-mutuel Wagering Trust Fund.
  270         Section 8. For the purpose of incorporating the amendment
  271  made by this act to section 550.0951, Florida Statutes, in a
  272  reference thereto, paragraph (a) of subsection (3) of section
  273  550.09511, Florida Statutes, is reenacted to read:
  274         550.09511 Jai alai taxes; abandoned interest in a permit
  275  for nonpayment of taxes.—
  276         (3)(a) Notwithstanding the provisions of subsection (2) and
  277  s. 550.0951(3)(c)1., any jai alai permitholder which is
  278  restricted under Florida law from operating live performances on
  279  a year-round basis is entitled to conduct wagering on live
  280  performances at a tax rate of 3.85 percent of live handle. Such
  281  permitholder is also entitled to conduct intertrack wagering as
  282  a host permitholder on live jai alai games at its fronton at a
  283  tax rate of 3.3 percent of handle at such time as the total tax
  284  on intertrack handle paid to the commission by the permitholder
  285  during the current state fiscal year exceeds the total tax on
  286  intertrack handle paid to the former Division of Pari-mutuel
  287  Wagering by the permitholder during the 1992-1993 state fiscal
  288  year.
  289         Section 9. For the purpose of incorporating the amendment
  290  made by this act to section 550.0951, Florida Statutes, in a
  291  reference thereto, paragraph (a) of subsection (9) of section
  292  550.6305, Florida Statutes, is reenacted to read:
  293         550.6305 Intertrack wagering; guest track payments;
  294  accounting rules.—
  295         (9) A host track that has contracted with an out-of-state
  296  horse track to broadcast live races conducted at such out-of
  297  state horse track pursuant to s. 550.3551(5) may broadcast such
  298  out-of-state races to any guest track and accept wagers thereon
  299  in the same manner as is provided in s. 550.3551.
  300         (a) For purposes of this section, “net proceeds” means the
  301  amount of takeout remaining after the payment of state taxes,
  302  purses required pursuant to s. 550.0951(3)(c)1., the cost to the
  303  permitholder required to be paid to the out-of-state horse
  304  track, and breeders’ awards paid to the Florida Thoroughbred
  305  Breeders’ Association and the Florida Standardbred Breeders and
  306  Owners Association, to be used as set forth in s. 550.625(2)(a)
  307  and (b).
  308         Section 10. This act shall take effect July 1, 2025.
  309  
  310  ================= T I T L E  A M E N D M E N T ================
  311  And the title is amended as follows:
  312         Delete everything before the enacting clause
  313  and insert:
  314                        A bill to be entitled                      
  315         An act relating to thoroughbred permitholders;
  316         amending s. 550.01215, F.S.; requiring certain
  317         thoroughbred permitholders to conduct a full schedule
  318         of live racing until such permitholders provide notice
  319         to the Florida Gaming Control Commission with certain
  320         information; providing that such notice is not valid
  321         unless it is delivered to the commission on or after a
  322         specified date; conforming provisions to changes made
  323         by the act; amending s. 550.0951, F.S.; revising the
  324         criteria for certain thoroughbred permitholders to pay
  325         the tax on handle for intertrack wagering; amending s.
  326         551.104, F.S.; conforming provisions to changes made
  327         by the act; amending s. 849.086, F.S.; deleting
  328         certain criteria a thoroughbred permitholder must meet
  329         as part of its pari-mutuel annual license application
  330         in order to have its cardroom license renewed;
  331         conforming provisions to changes made by the act;
  332         reenacting ss. 550.3551(3) and 550.615(2), F.S.,
  333         relating to the transmission of racing and jai alai
  334         information and commingling of pari-mutuel pools and
  335         intertrack wagering, respectively, to incorporate the
  336         amendment made to s. 550.01215, F.S., in references
  337         thereto; reenacting ss. 550.09515(5), 550.09511(3)(a),
  338         and 550.6305(9)(a), F.S., relating to thoroughbred
  339         horse taxes and abandoned interest in a permit for
  340         nonpayment of taxes; jai alai taxes and abandoned
  341         interest in a permit for nonpayment of taxes; and
  342         intertrack wagering, guest track payments, and
  343         accounting rules, respectively, to incorporate the
  344         amendment made to s. 550.0951, F.S., in references
  345         thereto; providing an effective date.