Florida Senate - 2011                             CS for SB 1594
       
       
       
       By the Committee on Regulated Industries; and Senator Sachs
       
       
       
       
       580-02581-11                                          20111594c1
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel permitholders; amending
    3         s. 550.002, F.S., which defines the term “full
    4         schedule of live racing or games”; providing that a
    5         greyhound permitholder is not required to conduct a
    6         minimum number of live performances; amending s.
    7         550.01215, F.S.; revising requirements for an
    8         application for a license to conduct performances;
    9         providing an extended period to amend certain
   10         applications; amending s. 550.054, F.S.; removing a
   11         requirement for holders of certain converted permits
   12         to conduct a full schedule of live racing to qualify
   13         for certain tax credits; amending s. 550.0951, F.S.;
   14         revising provisions for transfer by a permitholder of
   15         a tax exemption or license fee credit to a greyhound
   16         permitholder; revising the tax on handle for dogracing
   17         and intertrack wagering; amending s. 550.09514, F.S.;
   18         revising purse requirements for greyhound racing and
   19         provisions for payment of purses; amending s. 550.615,
   20         F.S.; revising provisions for intertrack wagering;
   21         amending ss. 550.26165 and 550.6305, F.S.; conforming
   22         cross-references to changes made by the act; amending
   23         s. 551.104, F.S.; revising a condition of licensure
   24         for the conduct of slot machine gaming; amending s.
   25         551.114, F.S.; revising requirements for designated
   26         slot machine gaming areas; amending s. 849.086, F.S.;
   27         revising requirements for initial and renewal issuance
   28         of a cardroom license; providing that neither a
   29         corresponding pari-mutuel license application nor a
   30         minimum number of live performances is required for a
   31         greyhound permitholder to maintain or renew a cardroom
   32         license; providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (11) of section 550.002, Florida
   37  Statutes, is amended to read:
   38         550.002 Definitions.—As used in this chapter, the term:
   39         (11) “Full schedule of live racing or games” means, for a
   40  greyhound or jai alai permitholder, the conduct of a combination
   41  of at least 100 live evening or matinee performances during the
   42  preceding year; for a permitholder who has a converted permit or
   43  filed an application on or before June 1, 1990, for a converted
   44  permit, the conduct of a combination of at least 100 live
   45  evening and matinee wagering performances during either of the 2
   46  preceding years; for a jai alai permitholder who does not
   47  operate slot machines in its pari-mutuel facility, who has
   48  conducted at least 100 live performances per year for at least
   49  10 years after December 31, 1992, and whose handle on live jai
   50  alai games conducted at its pari-mutuel facility has been less
   51  than $4 million per state fiscal year for at least 2 consecutive
   52  years after June 30, 1992, the conduct of a combination of at
   53  least 40 live evening or matinee performances during the
   54  preceding year; for a jai alai permitholder who operates slot
   55  machines in its pari-mutuel facility, the conduct of a
   56  combination of at least 150 performances during the preceding
   57  year; for a harness permitholder, the conduct of at least 100
   58  live regular wagering performances during the preceding year;
   59  for a quarter horse permitholder at its facility unless an
   60  alternative schedule of at least 20 live regular wagering
   61  performances is agreed upon by the permitholder and either the
   62  Florida Quarter Horse Racing Association or the horsemen’s
   63  association representing the majority of the quarter horse
   64  owners and trainers at the facility and filed with the division
   65  along with its annual date application, in the 2010-2011 fiscal
   66  year, the conduct of at least 20 regular wagering performances,
   67  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   68  least 30 live regular wagering performances, and for every
   69  fiscal year after the 2012-2013 fiscal year, the conduct of at
   70  least 40 live regular wagering performances; for a quarter horse
   71  permitholder leasing another licensed racetrack, the conduct of
   72  160 events at the leased facility; and for a thoroughbred
   73  permitholder, the conduct of at least 40 live regular wagering
   74  performances during the preceding year. For a permitholder which
   75  is restricted by statute to certain operating periods within the
   76  year when other members of its same class of permit are
   77  authorized to operate throughout the year, the specified number
   78  of live performances which constitute a full schedule of live
   79  racing or games shall be adjusted pro rata in accordance with
   80  the relationship between its authorized operating period and the
   81  full calendar year and the resulting specified number of live
   82  performances shall constitute the full schedule of live games
   83  for such permitholder and all other permitholders of the same
   84  class within 100 air miles of such permitholder. A live
   85  performance must consist of no fewer than eight races or games
   86  conducted live for each of a minimum of three performances each
   87  week at the permitholder’s licensed facility under a single
   88  admission charge. Notwithstanding any other provision of law,
   89  beginning with the 2011-2012 fiscal year, there shall be no
   90  minimum requirement of live performances for greyhound
   91  permitholders.
   92         Section 2. Subsection (1) of section 550.01215, Florida
   93  Statutes, is amended to read:
   94         550.01215 License application; periods of operation; bond,
   95  conversion of permit.—
   96         (1) Each permitholder shall annually, during the period
   97  between December 15 and January 4, file in writing with the
   98  division its application for a license to conduct pari-mutuel
   99  wagering activities performances during the next state fiscal
  100  year. Each application requesting live performances, if any,
  101  shall specify the number, dates, and starting times of all
  102  performances which the permitholder intends to conduct. It shall
  103  also specify which performances will be conducted as charity or
  104  scholarship performances. In addition, each application for a
  105  license shall include, for each permitholder which elects to
  106  operate a cardroom, the dates and periods of operation the
  107  permitholder intends to operate the cardroom or, for each
  108  thoroughbred permitholder which elects to receive or rebroadcast
  109  out-of-state races after 7 p.m., the dates for all performances
  110  which the permitholder intends to conduct. Permitholders may
  111  shall be entitled to amend their applications through February
  112  28 or, for applications relating to the 2011-2012 fiscal year,
  113  through August 31, 2011.
  114         Section 3. Paragraph (b) of subsection (14) of section
  115  550.054, Florida Statutes, is amended to read:
  116         550.054 Application for permit to conduct pari-mutuel
  117  wagering.—
  118         (14)
  119         (b) The division, upon application from the holder of a jai
  120  alai permit meeting all conditions of this section, shall
  121  convert the permit and shall issue to the permitholder a permit
  122  to conduct greyhound racing. A permitholder of a permit
  123  converted under this section shall be required to apply for and
  124  conduct a full schedule of live racing each fiscal year to be
  125  eligible for any tax credit provided by this chapter. The holder
  126  of a permit converted pursuant to this subsection or any holder
  127  of a permit to conduct greyhound racing located in a county in
  128  which it is the only permit issued pursuant to this section who
  129  operates at a leased facility pursuant to s. 550.475 may move
  130  the location for which the permit has been issued to another
  131  location within a 30-mile radius of the location fixed in the
  132  permit issued in that county, provided the move does not cross
  133  the county boundary and such location is approved under the
  134  zoning regulations of the county or municipality in which the
  135  permit is located, and upon such relocation may use the permit
  136  for the conduct of pari-mutuel wagering and the operation of a
  137  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  138  apply to any permit converted under this subsection and shall
  139  continue to apply to any permit which was previously included
  140  under and subject to such provisions before a conversion
  141  pursuant to this section occurred.
  142         Section 4. Paragraph (b) of subsection (1) and paragraphs
  143  (b) and (c) of subsection (3) of section 550.0951, Florida
  144  Statutes, are amended to read:
  145         550.0951 Payment of daily license fee and taxes;
  146  penalties.—
  147         (1)
  148         (b) Each permitholder that cannot utilize the full amount
  149  of the exemption of $360,000 or $500,000 provided in s.
  150  550.09514(1) or the daily license fee credit provided in this
  151  section may, at any time, after notifying the division in
  152  writing, elect once per state fiscal year on a form provided by
  153  the division, to transfer such exemption or credit or any
  154  portion thereof to any greyhound permitholder which acts as a
  155  host track to such permitholder for the purpose of intertrack
  156  wagering. Once an election to transfer such exemption or credit
  157  is filed with the division, it shall not be rescinded. The
  158  division shall disapprove the transfer when the amount of the
  159  exemption or credit or portion thereof is unavailable to the
  160  transferring permitholder for any reason, including being
  161  unavailable because the transferring permitholder did not
  162  conduct at least 100 live performances of at least eight races
  163  during the fiscal year, or when the permitholder who is entitled
  164  to transfer the exemption or credit or who is entitled to
  165  receive the exemption or credit owes taxes to the state pursuant
  166  to a deficiency letter or administrative complaint issued by the
  167  division. Upon approval of the transfer by the division, the
  168  transferred tax exemption or credit shall be effective for the
  169  first performance of the next payment period as specified in
  170  subsection (5). The exemption or credit transferred to such host
  171  track may be applied by such host track against any taxes
  172  imposed by this chapter or daily license fees imposed by this
  173  chapter. The greyhound permitholder host track to which such
  174  exemption or credit is transferred shall reimburse such
  175  permitholder the exact monetary value of such transferred
  176  exemption or credit as actually applied against the taxes and
  177  daily license fees of the host track. The division shall ensure
  178  that all transfers of exemption or credit are made in accordance
  179  with this subsection and shall have the authority to adopt rules
  180  to ensure the implementation of this section.
  181         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  182  contributions to pari-mutuel pools, the aggregate of which is
  183  hereinafter referred to as “handle,” on races or games conducted
  184  by the permitholder. The tax is imposed daily and is based on
  185  the total contributions to all pari-mutuel pools conducted
  186  during the daily performance. If a permitholder conducts more
  187  than one performance daily, the tax is imposed on each
  188  performance separately.
  189         (b)1. The tax on handle for dogracing is 3.45 5.5 percent
  190  of the handle, except that for live charity performances held
  191  pursuant to s. 550.0351, and for intertrack wagering on such
  192  charity performances at a guest greyhound track within the
  193  market area of the host, the tax is 7.6 percent of the handle.
  194         2. The tax on handle for jai alai is 7.1 percent of the
  195  handle.
  196         (c)1. The tax on handle for intertrack wagering is 2.0
  197  percent of the handle if the host track is a horse track, 3.3
  198  percent if the host track is a harness track, 3.45 5.5 percent
  199  if the host track is a dog track, and 7.1 percent if the host
  200  track is a jai alai fronton. The tax on handle for intertrack
  201  wagering is 0.5 percent if the host track and the guest track
  202  are thoroughbred permitholders or at facilities other than dog
  203  tracks if the guest track is located outside the market area of
  204  the host track and within the market area of a thoroughbred
  205  permitholder currently conducting a live race meet. The tax on
  206  handle for intertrack wagering on rebroadcasts of simulcast
  207  thoroughbred horseraces is 2.4 percent of the handle and 1.5
  208  percent of the handle for intertrack wagering on rebroadcasts of
  209  simulcast harness horseraces. The tax shall be deposited into
  210  the Pari-mutuel Wagering Trust Fund.
  211         2. The tax on handle for intertrack wagers is accepted by
  212  any dog track located in an area of the state in which there are
  213  only three permitholders, all of which are greyhound
  214  permitholders, located in three contiguous counties, from any
  215  greyhound permitholder also located within such area or any dog
  216  track or jai alai fronton located as specified in s. 550.615(6)
  217  or (9), on races or games received from the same class of
  218  permitholder located within the same market area is 3.9 percent
  219  if the host facility is a greyhound permitholder and, if the
  220  host facility is a jai alai permitholder, the rate shall be 6.1
  221  percent if the host facility is a jai alai permitholder, except
  222  that it shall be 2.3 percent on handle at such time as the total
  223  tax on intertrack handle paid to the division by the
  224  permitholder during the current state fiscal year exceeds the
  225  total tax on intertrack handle paid to the division by the
  226  permitholder during the 1992-1993 state fiscal year.
  227         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  228  of section 550.09514, Florida Statutes, are amended to read:
  229         550.09514 Greyhound dogracing taxes; purse requirements.—
  230         (2)
  231         (b) Except as otherwise set forth herein, in addition to
  232  the minimum purse percentage required by paragraph (a), each
  233  permitholder conducting live racing during a fiscal year shall
  234  pay as purses an annual amount equal to 75 percent of the daily
  235  license fees paid by each permitholder for the 1994-1995 fiscal
  236  year. This purse supplement shall be disbursed weekly during the
  237  permitholder’s race meet in an amount determined by dividing the
  238  annual purse supplement by the number of performances approved
  239  for the permitholder pursuant to its annual license and
  240  multiplying that amount by the number of performances conducted
  241  each week. For the greyhound permitholders in the county where
  242  there are two greyhound permitholders located as specified in s.
  243  550.615(6), such permitholders shall pay in the aggregate an
  244  amount equal to 75 percent of the daily license fees paid by
  245  such permitholders for the 1994-1995 fiscal year. These
  246  permitholders shall be jointly and severally liable for such
  247  purse payments. The additional purses provided by this paragraph
  248  must be used exclusively for purses other than stakes. The
  249  division shall conduct audits necessary to ensure compliance
  250  with this section.
  251         (c)1. Each greyhound permitholder when conducting at least
  252  three live performances during any week shall pay purses in that
  253  week on wagers it accepts as a guest track on intertrack and
  254  simulcast greyhound races at the same rate as it pays on live
  255  races. Each greyhound permitholder when conducting at least
  256  three live performances during any week shall pay purses in that
  257  week, at the same rate as it pays on live races, on wagers
  258  accepted on greyhound races at a guest track which is not
  259  conducting live racing and is located within the same market
  260  area as the greyhound permitholder conducting at least three
  261  live performances during any week.
  262         2. Each host greyhound permitholder shall pay purses on its
  263  simulcast and intertrack broadcasts of greyhound races to guest
  264  facilities that are located outside its market area in an amount
  265  equal to one quarter of an amount determined by subtracting the
  266  transmission costs of sending the simulcast or intertrack
  267  broadcasts from an amount determined by adding the fees received
  268  for greyhound simulcast races plus 3 percent of the greyhound
  269  intertrack handle at guest facilities that are located outside
  270  the market area of the host and that paid contractual fees to
  271  the host for such broadcasts of greyhound races. For guest
  272  greyhound permitholders not conducting live racing during a
  273  fiscal year and not subject to the purse requirements of
  274  subparagraph 1., 3 percent of the greyhound intertrack handle
  275  shall be paid to the host greyhound permitholder for payment of
  276  purses at the host track.
  277         (e) In addition to the purse requirements of paragraphs
  278  (a)-(c), each greyhound permitholder shall pay as purses an
  279  amount equal to one-third of the amount of the tax reduction on
  280  live and simulcast handle applicable to such permitholder as a
  281  result of the reductions in tax rates provided by this act
  282  through the amendments to s. 550.0951(3). With respect to
  283  intertrack wagering when the host and guest tracks are greyhound
  284  permitholders not within the same market area, an amount equal
  285  to the tax reduction applicable to the guest track handle as a
  286  result of any reductions the reduction in tax rates rate
  287  provided by this act through the amendment to s. 550.0951(3),
  288  other than revisions to s. 550.0951(3)(c)1. and 2. made after
  289  December 31, 2010, shall be distributed to the guest track, one
  290  third of which amount shall be paid as purses at the guest
  291  track. However, if the guest track is a greyhound permitholder
  292  within the market area of the host or if the guest track is not
  293  a greyhound permitholder, an amount equal to such tax reduction
  294  applicable to the guest track handle shall be retained by the
  295  host track, one-third of which amount shall be paid as purses at
  296  the host track. These purse funds shall be disbursed in the week
  297  received if the permitholder conducts at least one live
  298  performance during that week. If the permitholder does not
  299  conduct at least one live performance during the week in which
  300  the purse funds are received, the purse funds shall be disbursed
  301  weekly during the permitholder’s next race meet in an amount
  302  determined by dividing the purse amount by the number of
  303  performances approved for the permitholder pursuant to its
  304  annual license, and multiplying that amount by the number of
  305  performances conducted each week. The division shall conduct
  306  audits necessary to ensure compliance with this paragraph.
  307         Section 6. Subsection (1) of section 550.26165, Florida
  308  Statutes, is amended to read:
  309         550.26165 Breeders’ awards.—
  310         (1) The purpose of this section is to encourage the
  311  agricultural activity of breeding and training racehorses in
  312  this state. Moneys dedicated in this chapter for use as
  313  breeders’ awards and stallion awards are to be used for awards
  314  to breeders of registered Florida-bred horses winning horseraces
  315  and for similar awards to the owners of stallions who sired
  316  Florida-bred horses winning stakes races, if the stallions are
  317  registered as Florida stallions standing in this state. Such
  318  awards shall be given at a uniform rate to all winners of the
  319  awards, shall not be greater than 20 percent of the announced
  320  gross purse, and shall not be less than 15 percent of the
  321  announced gross purse if funds are available. In addition, no
  322  less than 17 percent nor more than 40 percent, as determined by
  323  the Florida Thoroughbred Breeders’ Association, of the moneys
  324  dedicated in this chapter for use as breeders’ awards and
  325  stallion awards for thoroughbreds shall be returned pro rata to
  326  the permitholders that generated the moneys for special racing
  327  awards to be distributed by the permitholders to owners of
  328  thoroughbred horses participating in prescribed thoroughbred
  329  stakes races, nonstakes races, or both, all in accordance with a
  330  written agreement establishing the rate, procedure, and
  331  eligibility requirements for such awards entered into by the
  332  permitholder, the Florida Thoroughbred Breeders’ Association,
  333  and the Florida Horsemen’s Benevolent and Protective
  334  Association, Inc., except that the plan for the distribution by
  335  any permitholder located in the area described in s.
  336  550.615(8)(9) shall be agreed upon by that permitholder, the
  337  Florida Thoroughbred Breeders’ Association, and the association
  338  representing a majority of the thoroughbred racehorse owners and
  339  trainers at that location. Awards for thoroughbred races are to
  340  be paid through the Florida Thoroughbred Breeders’ Association,
  341  and awards for standardbred races are to be paid through the
  342  Florida Standardbred Breeders and Owners Association. Among
  343  other sources specified in this chapter, moneys for thoroughbred
  344  breeders’ awards will come from the 0.955 percent of handle for
  345  thoroughbred races conducted, received, broadcast, or simulcast
  346  under this chapter as provided in s. 550.2625(3). The moneys for
  347  quarter horse and harness breeders’ awards will come from the
  348  breaks and uncashed tickets on live quarter horse and harness
  349  racing performances and 1 percent of handle on intertrack
  350  wagering. The funds for these breeders’ awards shall be paid to
  351  the respective breeders’ associations by the permitholders
  352  conducting the races.
  353         Section 7. Section 550.615, Florida Statutes, is amended to
  354  read:
  355         550.615 Intertrack wagering.—
  356         (1) Any horserace permitholder licensed under this chapter
  357  which has conducted a full schedule of live racing may, at any
  358  time, receive broadcasts of horseraces and accept wagers on
  359  horseraces conducted by horserace permitholders licensed under
  360  this chapter at its facility.
  361         (2) A Any track or fronton licensed under this chapter
  362  which conducted a full schedule of live racing which in the
  363  preceding year or any dog track conducted a full schedule of
  364  live racing is qualified to, at any time, receive broadcasts of
  365  any class of pari-mutuel race or game and accept wagers on such
  366  races or games conducted by any class of permitholders licensed
  367  under this chapter.
  368         (3) If a permitholder elects to broadcast its signal to any
  369  permitholder in this state, any permitholder that is eligible to
  370  conduct intertrack wagering under the provisions of ss. 550.615
  371  550.6345 is entitled to receive the broadcast and conduct
  372  intertrack wagering under this section; provided, however, that
  373  the host track may require a guest track within 25 miles of
  374  another permitholder to receive in any week at least 60 percent
  375  of the live races that the host track is making available on the
  376  days that the guest track is otherwise operating live races or
  377  games. A host track may require a guest track not operating live
  378  races or games and within 25 miles of another permitholder to
  379  accept within any week at least 60 percent of the live races
  380  that the host track is making available. A person may not
  381  restrain or attempt to restrain any permitholder that is
  382  otherwise authorized to conduct intertrack wagering from
  383  receiving the signal of any other permitholder or sending its
  384  signal to any permitholder.
  385         (4) In no event shall any intertrack wager be accepted on
  386  the same class of live races or games of any permitholder
  387  without the written consent of such operating permitholders
  388  conducting the same class of live races or games if the guest
  389  track is within the market area of such operating permitholder.
  390  A greyhound permitholder that accepts intertrack wagers on live
  391  greyhound signals shall not be required to obtain the written
  392  consent required by this subsection from any operating greyhound
  393  permitholder within its market area.
  394         (5) No permitholder within the market area of the host
  395  track shall take an intertrack wager on the host track without
  396  the consent of the host track.
  397         (6) Notwithstanding the provisions of subsection (3), in
  398  any area of the state where there are three or more horserace
  399  permitholders within 25 miles of each other, intertrack wagering
  400  between permitholders in said area of the state shall only be
  401  authorized under the following conditions: Any permitholder,
  402  other than a thoroughbred permitholder, may accept intertrack
  403  wagers on races or games conducted live by a permitholder of the
  404  same class or any harness permitholder located within such area
  405  and any harness permitholder may accept wagers on games
  406  conducted live by any jai alai permitholder located within its
  407  market area and from a jai alai permitholder located within the
  408  area specified in this subsection when no jai alai permitholder
  409  located within its market area is conducting live jai alai
  410  performances; any greyhound or jai alai permitholder may receive
  411  broadcasts of and accept wagers on any permitholder of the other
  412  class provided that a permitholder, other than the host track,
  413  of such other class is not operating a contemporaneous live
  414  performance within the market area.
  415         (7) In any county of the state where there are only two
  416  permits, one for dogracing and one for jai alai, no intertrack
  417  wager may be taken during the period of time when a permitholder
  418  is not licensed to conduct live races or games without the
  419  written consent of the other permitholder that is conducting
  420  live races or games. However, if neither permitholder is
  421  conducting live races or games, either permitholder may accept
  422  intertrack wagers on horseraces or on the same class of races or
  423  games, or on both horseraces and the same class of races or
  424  games as is authorized by its permit.
  425         (7)(8)In any three contiguous counties of the state where
  426  there are only three permitholders, all of which are greyhound
  427  permitholders, If any greyhound permitholder leases the facility
  428  of another greyhound permitholder for the purpose of conducting
  429  all or any portion of the conduct of its live race meet pursuant
  430  to s. 550.475, such lessee may conduct intertrack wagering at
  431  its pre-lease permitted facility throughout the entire year,
  432  including while its race live meet is being conducted at the
  433  leased facility, if such permitholder has conducted a full
  434  schedule of live racing during the preceding fiscal year at its
  435  pre-lease permitted facility or at a leased facility, or
  436  combination thereof.
  437         (8)(9) In any two contiguous counties of the state in which
  438  there are located only four active permits, one for thoroughbred
  439  horse racing, two for greyhound dogracing, and one for jai alai
  440  games, no intertrack wager may be accepted on the same class of
  441  live races or games of any permitholder without the written
  442  consent of such operating permitholders conducting the same
  443  class of live races or games if the guest track is within the
  444  market area of such operating permitholder.
  445         (9)(10) All costs of receiving the transmission of the
  446  broadcasts shall be borne by the guest track; and all costs of
  447  sending the broadcasts shall be borne by the host track.
  448         Section 8. Paragraph (g) of subsection (9) of section
  449  550.6305, Florida Statutes, is amended to read:
  450         550.6305 Intertrack wagering; guest track payments;
  451  accounting rules.—
  452         (9) A host track that has contracted with an out-of-state
  453  horse track to broadcast live races conducted at such out-of
  454  state horse track pursuant to s. 550.3551(5) may broadcast such
  455  out-of-state races to any guest track and accept wagers thereon
  456  in the same manner as is provided in s. 550.3551.
  457         (g)1. Any thoroughbred permitholder which accepts wagers on
  458  a simulcast signal must make the signal available to any
  459  permitholder that is eligible to conduct intertrack wagering
  460  under the provisions of ss. 550.615-550.6345.
  461         2. Any thoroughbred permitholder which accepts wagers on a
  462  simulcast signal received after 6 p.m. must make such signal
  463  available to any permitholder that is eligible to conduct
  464  intertrack wagering under the provisions of ss. 550.615
  465  550.6345, including any permitholder located as specified in s.
  466  550.615(6). Such guest permitholders are authorized to accept
  467  wagers on such simulcast signal, notwithstanding any other
  468  provision of this chapter to the contrary.
  469         3. Any thoroughbred permitholder which accepts wagers on a
  470  simulcast signal received after 6 p.m. must make such signal
  471  available to any permitholder that is eligible to conduct
  472  intertrack wagering under the provisions of ss. 550.615
  473  550.6345, including any permitholder located as specified in s.
  474  550.615(8)(9). Such guest permitholders are authorized to accept
  475  wagers on such simulcast signals for a number of performances
  476  not to exceed that which constitutes a full schedule of live
  477  races for a quarter horse permitholder pursuant to s.
  478  550.002(11), notwithstanding any other provision of this chapter
  479  to the contrary, except that the restrictions provided in s.
  480  550.615(8)(9)(a) apply to wagers on such simulcast signals.
  481  
  482  No thoroughbred permitholder shall be required to continue to
  483  rebroadcast a simulcast signal to any in-state permitholder if
  484  the average per performance gross receipts returned to the host
  485  permitholder over the preceding 30-day period were less than
  486  $100. Subject to the provisions of s. 550.615(4), as a condition
  487  of receiving rebroadcasts of thoroughbred simulcast signals
  488  under this paragraph, a guest permitholder must accept
  489  intertrack wagers on all live races conducted by all then
  490  operating thoroughbred permitholders.
  491         Section 9. Paragraph (c) of subsection (4) of section
  492  551.104, Florida Statutes, is amended to read:
  493         551.104 License to conduct slot machine gaming.—
  494         (4) As a condition of licensure and to maintain continued
  495  authority for the conduct of slot machine gaming, the slot
  496  machine licensee shall:
  497         (c) Conduct no fewer than a full schedule of live racing or
  498  games as defined in s. 550.002(11), except for holders of
  499  greyhound permits, which have no live racing requirement. A
  500  permitholder’s responsibility to conduct such number of live
  501  races or games shall be reduced by the number of races or games
  502  that could not be conducted due to the direct result of fire,
  503  war, hurricane, or other disaster or event beyond the control of
  504  the permitholder.
  505         Section 10. Subsections (2) and (4) of section 551.114,
  506  Florida Statutes, are amended to read:
  507         551.114 Slot machine gaming areas.—
  508         (2) The slot machine licensee shall display pari-mutuel
  509  races or games within the designated slot machine gaming areas
  510  and offer patrons within the designated slot machine gaming
  511  areas the ability to engage in pari-mutuel wagering on any live,
  512  intertrack, and simulcast races conducted or offered to patrons
  513  of the licensed facility.
  514         (4) Designated slot machine gaming areas may be located
  515  within the current live gaming facility or in an existing
  516  building that must be contiguous and connected to the live
  517  gaming facility, if applicable. If a designated slot machine
  518  gaming area is to be located in a building that is to be
  519  constructed, that new building must be contiguous and connected
  520  to the live gaming facility.
  521         Section 11. Paragraphs (a) and (b) of subsection (5) and
  522  paragraph (d) of subsection (13) of section 849.086, Florida
  523  Statutes, are amended to read:
  524         849.086 Cardrooms authorized.—
  525         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  526  operate a cardroom in this state unless such person holds a
  527  valid cardroom license issued pursuant to this section.
  528         (a) Only those persons holding a valid cardroom license
  529  issued by the division may operate a cardroom. A cardroom
  530  license may only be issued to a licensed pari-mutuel
  531  permitholder and an authorized cardroom may only be operated at
  532  the same facility at which the permitholder is authorized under
  533  its valid pari-mutuel wagering permit to conduct pari-mutuel
  534  wagering activities. An initial cardroom license shall be issued
  535  to a pari-mutuel permitholder only after its facilities are in
  536  place and, except for greyhound permitholders, after it conducts
  537  its first day of live racing or games. A greyhound permitholder
  538  that has conducted live racing during each of the 10 years
  539  immediately preceding its application for a cardroom license or
  540  a greyhound permitholder converted pursuant to s. 550.054(14)
  541  shall be issued a cardroom license without regard to licensure
  542  for or actual conduct of live racing.
  543         (b) Except for greyhound permitholders After the initial
  544  cardroom license is granted, the application for the annual
  545  license renewal shall be made in conjunction with the
  546  applicant’s annual application for its pari-mutuel license. If a
  547  permitholder has operated a cardroom during any of the 3
  548  previous fiscal years and fails to include a renewal request for
  549  the operation of the cardroom in its annual application for
  550  license renewal, the permitholder may amend its annual
  551  application to include operation of the cardroom. In order for a
  552  cardroom license to be renewed the applicant must have
  553  requested, as part of its pari-mutuel annual license
  554  application, to conduct at least 90 percent of the total number
  555  of live performances conducted by such permitholder during
  556  either the state fiscal year in which its initial cardroom
  557  license was issued or the state fiscal year immediately prior
  558  thereto if the permitholder ran at least a full schedule of live
  559  racing or games in the prior year. If the application is for a
  560  harness permitholder cardroom, the applicant must have requested
  561  authorization to conduct a minimum of 140 live performances
  562  during the state fiscal year immediately prior thereto. If more
  563  than one permitholder is operating at a facility, each
  564  permitholder must have applied for a license to conduct a full
  565  schedule of live racing. However, no corresponding pari-mutuel
  566  license application or minimum numbers of requested or conducted
  567  live performances is required in order for a greyhound
  568  permitholder to maintain or renew a cardroom license.
  569         (13) TAXES AND OTHER PAYMENTS.—
  570         (d)1. Each greyhound and jai alai permitholder that
  571  operates a cardroom facility shall use at least 4 percent of
  572  such permitholder’s cardroom monthly gross receipts to
  573  supplement greyhound purses if live racing is conducted during a
  574  fiscal year, or jai alai prize money, respectively, during the
  575  permitholder’s current or next ensuing pari-mutuel meet.
  576         2. Each thoroughbred and harness horse racing permitholder
  577  that operates a cardroom facility shall use at least 50 percent
  578  of such permitholder’s cardroom monthly net proceeds as follows:
  579  47 percent to supplement purses and 3 percent to supplement
  580  breeders’ awards during the permitholder’s next ensuing racing
  581  meet.
  582         3. No cardroom license or renewal thereof shall be issued
  583  to an applicant holding a permit under chapter 550 to conduct
  584  pari-mutuel wagering meets of quarter horse racing unless the
  585  applicant has on file with the division a binding written
  586  agreement between the applicant and the Florida Quarter Horse
  587  Racing Association or the association representing a majority of
  588  the horse owners and trainers at the applicant’s eligible
  589  facility, governing the payment of purses on live quarter horse
  590  races conducted at the licensee’s pari-mutuel facility. The
  591  agreement governing purses may direct the payment of such purses
  592  from revenues generated by any wagering or gaming the applicant
  593  is authorized to conduct under Florida law. All purses shall be
  594  subject to the terms of chapter 550.
  595         Section 12. This act shall take effect July 1, 2011.