HB 1437

1
A bill to be entitled
2An act relating to greyhound racing permitholders;
3amending s. 550.002, F.S.; revising the definition of
4"full schedule of live racing or games" as it refers to
5greyhound permitholders under the Florida Pari-mutuel
6Wagering Act; providing for application to simulcast or
7intertrack wagering, slot machine gaming, and cardroom
8operations under specified provisions; amending s.
9550.054, F.S.; providing that no new greyhound racing
10permits shall be issued under specified provisions after a
11certain date; amending s. 550.0951, F.S.; revising
12provisions for transfer by a greyhound permitholder of
13specified tax credits or exemptions to another greyhound
14permitholder; requiring a certain number of live
15performances during a fiscal year; amending s. 849.086,
16F.S.; revising requirements for renewal of a cardroom
17license by a greyhound permitholder; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (11) of section 550.002, Florida
23Statutes, is amended to read:
24     550.002  Definitions.--As used in this chapter, the term:
25     (11)  "Full schedule of live racing or games" means, for a
26greyhound permitholder, the conduct of no minimum number of live
27performances provided that the permitholder conducted a
28combination of at least 100 live evening or matinee performances
29per year for at least 5 years following December 31, 2002; for a
30or jai alai permitholder, the conduct of a combination of at
31least 100 live evening or matinee performances during the
32preceding year; for a permitholder who has a converted permit or
33filed an application on or before June 1, 1990, for a converted
34permit, the conduct of a combination of at least 100 live
35evening and matinee wagering performances during either of the 2
36preceding years; for a jai alai permitholder who does not
37operate slot machines in its pari-mutuel facility, who has
38conducted at least 100 live performances per year for at least
3910 years after December 31, 1992, and whose handle on live jai
40alai games conducted at its pari-mutuel facility has been less
41than $4 million per state fiscal year for at least 2 consecutive
42years after June 30, 1992, the conduct of a combination of at
43least 40 live evening or matinee performances during the
44preceding year; for a jai alai permitholder who operates slot
45machines in its pari-mutuel facility, the conduct of a
46combination of at least 150 performances during the preceding
47year; for a harness permitholder, the conduct of at least 100
48live regular wagering performances during the preceding year;
49for a quarter horse permitholder, the conduct of at least 40
50live regular wagering performances during the preceding year;
51and for a thoroughbred permitholder, the conduct of at least 40
52live regular wagering performances during the preceding year.
53For a permitholder which is restricted by statute to certain
54operating periods within the year when other members of its same
55class of permit are authorized to operate throughout the year,
56the specified number of live performances which constitute a
57full schedule of live racing or games shall be adjusted pro rata
58in accordance with the relationship between its authorized
59operating period and the full calendar year and the resulting
60specified number of live performances shall constitute the full
61schedule of live games for such permitholder and all other
62permitholders of the same class within 100 air miles of such
63permitholder. A live performance must consist of no fewer than
64eight races or games conducted live for each of a minimum of
65three performances each week at the permitholder's licensed
66facility under a single admission charge. Notwithstanding any
67other provision of law, a greyhound permitholder shall not be
68required to run a minimum number of live performances of
69greyhound racing in order to engage in the business of simulcast
70or intertrack wagering pursuant to this chapter, slot machine
71gaming pursuant to chapter 551, or cardroom operations pursuant
72to s. 849.086, provided that such greyhound permitholder
73conducted a combination of at least 100 live evening or matinee
74performances per year for at least 5 years following December
7531, 2002.
76     Section 2.  Subsection (14) is added to section 550.054,
77Florida Statutes, to read:
78     550.054  Application for permit to conduct pari-mutuel
79wagering.--
80     (14)  Notwithstanding any other provision of law, no new
81greyhound racing permits shall be issued pursuant to this
82chapter on or after January 1, 2009.
83     Section 3.  Paragraph (b) of subsection (1) of section
84550.0951, Florida Statutes, is amended to read:
85     550.0951  Payment of daily license fee and taxes;
86penalties.--
87     (1)
88     (b)  Each permitholder that cannot utilize the full amount
89of the exemption of $360,000 or $500,000 provided in s.
90550.09514(1) or the daily license fee credit provided in this
91section may, after notifying the division in writing and
92provided that, if such permitholder is a greyhound permitholder,
93the permitholder held a minimum of 100 live performances during
94the course of the fiscal year, elect once per state fiscal year
95on a form provided by the division to transfer such exemption or
96credit or any portion thereof to any greyhound permitholder
97which acts as a host track to such permitholder for the purpose
98of intertrack wagering. Once an election to transfer such
99exemption or credit is filed with the division, it shall not be
100rescinded. The division shall disapprove the transfer when the
101amount of the exemption or credit or portion thereof is
102unavailable to the transferring permitholder or when the
103permitholder who is entitled to transfer the exemption or credit
104or who is entitled to receive the exemption or credit owes taxes
105to the state pursuant to a deficiency letter or administrative
106complaint issued by the division. Upon approval of the transfer
107by the division, the transferred tax exemption or credit shall
108be effective for the first performance of the next biweekly pay
109period as specified in subsection (5). The exemption or credit
110transferred to such host track may be applied by such host track
111against any taxes imposed by this chapter or daily license fees
112imposed by this chapter. The greyhound permitholder host track
113to which such exemption or credit is transferred shall reimburse
114such permitholder the exact monetary value of such transferred
115exemption or credit as actually applied against the taxes and
116daily license fees of the host track. The division shall ensure
117that all transfers of exemption or credit are made in accordance
118with this subsection and shall have the authority to adopt rules
119to ensure the implementation of this section.
120     Section 4.  Paragraph (b) of subsection (5) of section
121849.086, Florida Statutes, is amended to read:
122     849.086  Cardrooms authorized.--
123     (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person may
124operate a cardroom in this state unless such person holds a
125valid cardroom license issued pursuant to this section.
126     (b)  After the initial cardroom license is granted, the
127application for the annual license renewal shall be made in
128conjunction with the applicant's annual application for its
129pari-mutuel license. If a permitholder has operated a cardroom
130during any of the 3 previous fiscal years and fails to include a
131renewal request for the operation of the cardroom in its annual
132application for license renewal, the permitholder may amend its
133annual application to include operation of the cardroom. In
134order for a cardroom license to be renewed if the applicant is
135not a greyhound permitholder, the applicant must have requested,
136as part of its pari-mutuel annual license application, to
137conduct at least 90 percent of the total number of live
138performances conducted by such permitholder during either the
139state fiscal year in which its initial cardroom license was
140issued or the state fiscal year immediately prior thereto. In
141order for a cardroom license to be renewed if the applicant is a
142greyhound permitholder, the applicant must have conducted a
143combination of at least 100 live evening or matinee performances
144per year for at least 5 years following December 31, 2002. If
145the application is for a harness permitholder cardroom, the
146applicant must have requested authorization to conduct a minimum
147of 140 live performances during the state fiscal year
148immediately prior thereto. If more than one permitholder is
149operating at a facility, each permitholder must have applied for
150a license to conduct a full schedule of live racing.
151     Section 5.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.