Florida Senate - 2009                                    SB 2594
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01634A-09                                           20092594__
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel wagering; amending s.
    3         550.002, F.S.; revising a definition; providing that a
    4         greyhound permitholder who meets certain requirements
    5         may engage in specific wagering activities without
    6         meeting a minimum number of live performances;
    7         amending s. 550.054, F.S.; imposing a moratorium on
    8         the issuance of new greyhound racing permits; amending
    9         s. 550.0951, F.S.; conforming provisions; amending s.
   10         849.086, F.S.; revising the number of live
   11         performances that a greyhound permitholder must
   12         conduct in order to renew a cardroom license;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (11) of section 550.002, Florida
   18  Statutes, is amended to read:
   19         550.002 Definitions.—As used in this chapter, the term:
   20         (11) “Full schedule of live racing or games” means, for a
   21  greyhound permitholder, the conduct of no minimum number of live
   22  performances if the permitholder conducted a combination of at
   23  least 100 live evening or matinee performances per year for at
   24  least 5 years after December 31, 2002; for a or jai alai
   25  permitholder, the conduct of a combination of at least 100 live
   26  evening or matinee performances during the preceding year; for a
   27  permitholder who has a converted permit or filed an application
   28  on or before June 1, 1990, for a converted permit, the conduct
   29  of a combination of at least 100 live evening and matinee
   30  wagering performances during either of the 2 preceding years;
   31  for a jai alai permitholder who does not operate slot machines
   32  in its pari-mutuel facility, who has conducted at least 100 live
   33  performances per year for at least 10 years after December 31,
   34  1992, and whose handle on live jai alai games conducted at its
   35  pari-mutuel facility has been less than $4 million per state
   36  fiscal year for at least 2 consecutive years after June 30,
   37  1992, the conduct of a combination of at least 40 live evening
   38  or matinee performances during the preceding year; for a jai
   39  alai permitholder who operates slot machines in its pari-mutuel
   40  facility, the conduct of a combination of at least 150
   41  performances during the preceding year; for a harness
   42  permitholder, the conduct of at least 100 live regular wagering
   43  performances during the preceding year; for a quarter horse
   44  permitholder, the conduct of at least 40 live regular wagering
   45  performances during the preceding year; and for a thoroughbred
   46  permitholder, the conduct of at least 40 live regular wagering
   47  performances during the preceding year. For a permitholder which
   48  is restricted by statute to certain operating periods within the
   49  year when other members of its same class of permit are
   50  authorized to operate throughout the year, the specified number
   51  of live performances which constitute a full schedule of live
   52  racing or games shall be adjusted pro rata in accordance with
   53  the relationship between its authorized operating period and the
   54  full calendar year and the resulting specified number of live
   55  performances shall constitute the full schedule of live games
   56  for such permitholder and all other permitholders of the same
   57  class within 100 air miles of such permitholder. A live
   58  performance must consist of no fewer than eight races or games
   59  conducted live for each of a minimum of three performances each
   60  week at the permitholder's licensed facility under a single
   61  admission charge. Notwithstanding any provision of law to the
   62  contrary, a greyhound permitholder may not be required to run a
   63  minimum number of live performances of greyhound racing to
   64  engage in simulcast or intertrack wagering pursuant to this
   65  chapter, slot machine gaming pursuant to chapter 551, or
   66  cardroom operations pursuant to s. 849.086, if the greyhound
   67  permitholder conducted a combination of at least 100 live
   68  evening or matinee performances per year for at least 5 years
   69  after December 31, 2002.
   70         Section 2. Subsection (14) is added to section 550.054,
   71  Florida Statutes, to read:
   72         550.054 Application for permit to conduct pari-mutuel
   73  wagering.—
   74         (14)Notwithstanding any provision of law to the contrary,
   75  new greyhound racing permits may not be issued pursuant to this
   76  chapter on or after July 1, 2009.
   77         Section 3.  Paragraph (b) of subsection (1) of section
   78  550.0951, Florida Statutes, is amended to read:
   79         550.0951 Payment of daily license fee and taxes;
   80  penalties.—
   81         (1)
   82         (b) Each permitholder that cannot utilize the full amount
   83  of the exemption of $360,000 or $500,000 provided in s.
   84  550.09514(1) or the daily license fee credit provided in this
   85  section may, after notifying the division in writing, elect once
   86  per state fiscal year on a form provided by the division to
   87  transfer such exemption or credit or any portion thereof to any
   88  greyhound permitholder which acts as a host track to such
   89  permitholder for the purpose of intertrack wagering; however
   90  this provision applies to a greyhound permitholder only if such
   91  permitholder held 100 or more live performances during the
   92  fiscal year. Once an election to transfer such exemption or
   93  credit is filed with the division, it shall not be rescinded.
   94  The division shall disapprove the transfer when the amount of
   95  the exemption or credit or portion thereof is unavailable to the
   96  transferring permitholder or when the permitholder who is
   97  entitled to transfer the exemption or credit or who is entitled
   98  to receive the exemption or credit owes taxes to the state
   99  pursuant to a deficiency letter or administrative complaint
  100  issued by the division. Upon approval of the transfer by the
  101  division, the transferred tax exemption or credit shall be
  102  effective for the first performance of the next biweekly pay
  103  period as specified in subsection (5). The exemption or credit
  104  transferred to such host track may be applied by such host track
  105  against any taxes imposed by this chapter or daily license fees
  106  imposed by this chapter. The greyhound permitholder host track
  107  to which such exemption or credit is transferred shall reimburse
  108  such permitholder the exact monetary value of such transferred
  109  exemption or credit as actually applied against the taxes and
  110  daily license fees of the host track. The division shall ensure
  111  that all transfers of exemption or credit are made in accordance
  112  with this subsection and shall have the authority to adopt rules
  113  to ensure the implementation of this section.
  114         Section 4. Paragraph (b) of subsection (5) of section
  115  849.086, Florida Statutes, is amended to read:
  116         849.086 Cardrooms authorized.—
  117         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  118  operate a cardroom in this state unless such person holds a
  119  valid cardroom license issued pursuant to this section.
  120         (b) After the initial cardroom license is granted, the
  121  application for the annual license renewal shall be made in
  122  conjunction with the applicant's annual application for its
  123  pari-mutuel license. If a permitholder has operated a cardroom
  124  during any of the 3 previous fiscal years and fails to include a
  125  renewal request for the operation of the cardroom in its annual
  126  application for license renewal, the permitholder may amend its
  127  annual application to include operation of the cardroom. In
  128  order for a cardroom license to be renewed, an the applicant who
  129  is not a greyhound permitholder must have requested, as part of
  130  its pari-mutuel annual license application, to conduct at least
  131  90 percent of the total number of live performances conducted by
  132  such permitholder during either the state fiscal year in which
  133  its initial cardroom license was issued or the state fiscal year
  134  immediately prior thereto. If the application is for a harness
  135  permitholder cardroom, the applicant must have requested
  136  authorization to conduct a minimum of 140 live performances
  137  during the state fiscal year immediately prior thereto. An
  138  applicant who is a greyhound permitholder must have conducted a
  139  combination of at least 100 live evening or matinee performances
  140  per year for at least 5 years after December 31, 2002, in order
  141  to qualify for a cardroom license renewal. If more than one
  142  permitholder is operating at a facility, each permitholder must
  143  have applied for a license to conduct a full schedule of live
  144  racing.
  145         Section 5. This act shall take effect July 1, 2009.