HB 641

1
A bill to be entitled
2An act relating to greyhound racing; amending s.
3550.002, F.S., which defines the term "full schedule
4of live racing or games"; providing that a greyhound
5permitholder shall not be required to conduct a
6minimum number of live performances; amending s.
7550.01215, F.S.; revising requirements for an
8application for a license to conduct performances;
9extending the period of time allowed to amend certain
10applications; amending s. 550.054, F.S.; removing a
11requirement for holders of certain converted permits
12to conduct a full schedule of live racing to qualify
13for certain tax credits; amending s. 550.0951, F.S.;
14deleting provisions relating to transfer of certain
15unused exemptions or credits; conforming a cross-
16reference; amending s. 550.09514, F.S.; providing for
17transfer of certain unused exemptions or credits;
18revising purse requirements for greyhound racing and
19provisions for payment of purses; amending s. 550.475,
20F.S., relating to lease of pari-mutuel facilities by
21pari-mutuel permitholders; revising terminology to
22conform to changes made by the act; amending s.
23550.615, F.S.; revising provisions for intertrack
24wagering; amending ss. 550.26165 and 550.6305, F.S.;
25conforming cross-references to changes made by the
26act; amending s. 551.104, F.S.; revising a condition
27of licensure for the conduct of slot machine gaming;
28amending s. 551.114, F.S.; revising requirements for
29designated slot machine gaming areas; amending s.
30849.086, F.S.; revising requirements for initial and
31renewal issuance of a cardroom license to a greyhound
32permitholder; providing that a minimum number of
33requested or conducted live performances is not
34required in order for a greyhound permitholder to
35maintain or renew a cardroom license; providing an
36effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsection (11) of section 550.002, Florida
41Statutes, is amended to read:
42     550.002  Definitions.-As used in this chapter, the term:
43     (11)  "Full schedule of live racing or games" means, for a
44greyhound or jai alai permitholder, the conduct of a combination
45of at least 100 live evening or matinee performances during the
46preceding year; for a permitholder who has a converted permit or
47filed an application on or before June 1, 1990, for a converted
48permit, the conduct of a combination of at least 100 live
49evening and matinee wagering performances during either of the 2
50preceding years; for a jai alai permitholder who does not
51operate slot machines in its pari-mutuel facility, who has
52conducted at least 100 live performances per year for at least
5310 years after December 31, 1992, and whose handle on live jai
54alai games conducted at its pari-mutuel facility has been less
55than $4 million per state fiscal year for at least 2 consecutive
56years after June 30, 1992, the conduct of a combination of at
57least 40 live evening or matinee performances during the
58preceding year; for a jai alai permitholder who operates slot
59machines in its pari-mutuel facility, the conduct of a
60combination of at least 150 performances during the preceding
61year; for a harness permitholder, the conduct of at least 100
62live regular wagering performances during the preceding year;
63for a quarter horse permitholder at its facility unless an
64alternative schedule of at least 20 live regular wagering
65performances is agreed upon by the permitholder and either the
66Florida Quarter Horse Racing Association or the horsemen's
67association representing the majority of the quarter horse
68owners and trainers at the facility and filed with the division
69along with its annual date application, in the 2010-2011 fiscal
70year, the conduct of at least 20 regular wagering performances,
71in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
72least 30 live regular wagering performances, and for every
73fiscal year after the 2012-2013 fiscal year, the conduct of at
74least 40 live regular wagering performances; for a quarter horse
75permitholder leasing another licensed racetrack, the conduct of
76160 events at the leased facility; and for a thoroughbred
77permitholder, the conduct of at least 40 live regular wagering
78performances during the preceding year. For a permitholder which
79is restricted by statute to certain operating periods within the
80year when other members of its same class of permit are
81authorized to operate throughout the year, the specified number
82of live performances which constitute a full schedule of live
83racing or games shall be adjusted pro rata in accordance with
84the relationship between its authorized operating period and the
85full calendar year and the resulting specified number of live
86performances shall constitute the full schedule of live games
87for such permitholder and all other permitholders of the same
88class within 100 air miles of such permitholder. A live
89performance must consist of no fewer than eight races or games
90conducted live for each of a minimum of three performances each
91week at the permitholder's licensed facility under a single
92admission charge. Notwithstanding any other provision of law,
93beginning with the 2012-2013 fiscal year, there shall be no
94minimum requirement of live performances for greyhound
95permitholders.
96     Section 2.  Subsection (1) of section 550.01215, Florida
97Statutes, is amended to read:
98     550.01215  License application; periods of operation; bond,
99conversion of permit.-
100     (1)  Each permitholder shall annually, during the period
101between December 15 and January 4, file in writing with the
102division its application for a license to conduct pari-mutuel
103wagering activities performances during the next state fiscal
104year. Each application requesting live performances, if any,
105shall specify the number, dates, and starting times of all
106performances which the permitholder intends to conduct. It shall
107also specify which performances will be conducted as charity or
108scholarship performances. In addition, each application for a
109license shall include, for each permitholder which elects to
110operate a cardroom, the dates and periods of operation the
111permitholder intends to operate the cardroom or, for each
112thoroughbred permitholder which elects to receive or rebroadcast
113out-of-state races after 7 p.m., the dates for all performances
114which the permitholder intends to conduct. A greyhound
115permitholder may receive a license to conduct pari-mutuel
116wagering activities at a licensed greyhound facility pursuant to
117s. 550.475. Permitholders may shall be entitled to amend their
118applications through February 28 or, for applications by
119greyhound permitholders relating to the 2012-2013 fiscal year,
120through August 31, 2012.
121     Section 3.  Paragraph (b) of subsection (14) of section
122550.054, Florida Statutes, is amended to read:
123     550.054  Application for permit to conduct pari-mutuel
124wagering.-
125     (14)
126     (b)  The division, upon application from the holder of a
127jai alai permit meeting all conditions of this section, shall
128convert the permit and shall issue to the permitholder a permit
129to conduct greyhound racing. A permitholder of a permit
130converted under this section shall be required to apply for and
131conduct a full schedule of live racing each fiscal year to be
132eligible for any tax credit provided by this chapter. The holder
133of a permit converted pursuant to this subsection or any holder
134of a permit to conduct greyhound racing located in a county in
135which it is the only permit issued pursuant to this section who
136operates at a leased facility pursuant to s. 550.475 may move
137the location for which the permit has been issued to another
138location within a 30-mile radius of the location fixed in the
139permit issued in that county, provided the move does not cross
140the county boundary and such location is approved under the
141zoning regulations of the county or municipality in which the
142permit is located, and upon such relocation may use the permit
143for the conduct of pari-mutuel wagering and the operation of a
144cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
145apply to any permit converted under this subsection and shall
146continue to apply to any permit which was previously included
147under and subject to such provisions before a conversion
148pursuant to this section occurred.
149     Section 4.  Subsection (1) and paragraph (c) of subsection
150(3) of section 550.0951, Florida Statutes, are amended to read:
151     550.0951  Payment of daily license fee and taxes;
152penalties.-
153     (1)(a)  DAILY LICENSE FEE.-Each person engaged in the
154business of conducting race meetings or jai alai games under
155this chapter, hereinafter referred to as the "permitholder,"
156"licensee," or "permittee," shall pay to the division, for the
157use of the division, a daily license fee on each live or
158simulcast pari-mutuel event of $100 for each horserace and $80
159for each dograce and $40 for each jai alai game conducted at a
160racetrack or fronton licensed under this chapter. In addition to
161the tax exemption specified in s. 550.09514(1) of $360,000 or
162$500,000 per greyhound permitholder per state fiscal year, each
163greyhound permitholder shall receive in the current state fiscal
164year a tax credit equal to the number of live greyhound races
165conducted in the previous state fiscal year times the daily
166license fee specified for each dograce in this subsection
167applicable for the previous state fiscal year. This tax credit
168and the exemption in s. 550.09514(1) shall be applicable to any
169tax imposed by this chapter or the daily license fees imposed by
170this chapter except during any charity or scholarship
171performances conducted pursuant to s. 550.0351. Each
172permitholder shall pay daily license fees not to exceed $500 per
173day on any simulcast races or games on which such permitholder
174accepts wagers regardless of the number of out-of-state events
175taken or the number of out-of-state locations from which such
176events are taken. This license fee shall be deposited with the
177Chief Financial Officer to the credit of the Pari-mutuel
178Wagering Trust Fund.
179     (b)  Each permitholder that cannot utilize the full amount
180of the exemption of $360,000 or $500,000 provided in s.
181550.09514(1) or the daily license fee credit provided in this
182section may, after notifying the division in writing, elect once
183per state fiscal year on a form provided by the division, to
184transfer such exemption or credit or any portion thereof to any
185greyhound permitholder which acts as a host track to such
186permitholder for the purpose of intertrack wagering. Once an
187election to transfer such exemption or credit is filed with the
188division, it shall not be rescinded. The division shall
189disapprove the transfer when the amount of the exemption or
190credit or portion thereof is unavailable to the transferring
191permitholder or when the permitholder who is entitled to
192transfer the exemption or credit or who is entitled to receive
193the exemption or credit owes taxes to the state pursuant to a
194deficiency letter or administrative complaint issued by the
195division. Upon approval of the transfer by the division, the
196transferred tax exemption or credit shall be effective for the
197first performance of the next payment period as specified in
198subsection (5). The exemption or credit transferred to such host
199track may be applied by such host track against any taxes
200imposed by this chapter or daily license fees imposed by this
201chapter. The greyhound permitholder host track to which such
202exemption or credit is transferred shall reimburse such
203permitholder the exact monetary value of such transferred
204exemption or credit as actually applied against the taxes and
205daily license fees of the host track. The division shall ensure
206that all transfers of exemption or credit are made in accordance
207with this subsection and shall have the authority to adopt rules
208to ensure the implementation of this section.
209     (3)  TAX ON HANDLE.-Each permitholder shall pay a tax on
210contributions to pari-mutuel pools, the aggregate of which is
211hereinafter referred to as "handle," on races or games conducted
212by the permitholder. The tax is imposed daily and is based on
213the total contributions to all pari-mutuel pools conducted
214during the daily performance. If a permitholder conducts more
215than one performance daily, the tax is imposed on each
216performance separately.
217     (c)1.  The tax on handle for intertrack wagering is 2.0
218percent of the handle if the host track is a horse track, 3.3
219percent if the host track is a harness track, 5.5 percent if the
220host track is a dog track, and 7.1 percent if the host track is
221a jai alai fronton. The tax on handle for intertrack wagering is
2220.5 percent if the host track and the guest track are
223thoroughbred permitholders or if the guest track is located
224outside the market area of the host track and within the market
225area of a thoroughbred permitholder currently conducting a live
226race meet. The tax on handle for intertrack wagering on
227rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
228of the handle and 1.5 percent of the handle for intertrack
229wagering on rebroadcasts of simulcast harness horseraces. The
230tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
231     2.  The tax on handle for intertrack wagers accepted by any
232dog track located in an area of the state in which there are
233only three permitholders, all of which are greyhound
234permitholders, located in three contiguous counties, from any
235greyhound permitholder also located within such area or any dog
236track or jai alai fronton located as specified in s. 550.615(6)
237or (8)(9), on races or games received from the same class of
238permitholder located within the same market area is 3.9 percent
239if the host facility is a greyhound permitholder and, if the
240host facility is a jai alai permitholder, the rate shall be 6.1
241percent except that it shall be 2.3 percent on handle at such
242time as the total tax on intertrack handle paid to the division
243by the permitholder during the current state fiscal year exceeds
244the total tax on intertrack handle paid to the division by the
245permitholder during the 1992-1993 state fiscal year.
246     Section 5.  Subsection (1) and paragraphs (b), (c), and (e)
247of subsection (2) of section 550.09514, Florida Statutes, are
248amended to read:
249     550.09514  Greyhound dogracing taxes; purse requirements.-
250     (1)(a)  Wagering on greyhound racing is subject to a tax on
251handle for live greyhound racing as specified in s. 550.0951(3).
252However, each permitholder shall pay no tax on handle until such
253time as this subsection has resulted in a tax savings per state
254fiscal year of $360,000. Thereafter, each permitholder shall pay
255the tax as specified in s. 550.0951(3) on all handle for the
256remainder of the permitholder's current race meet. For the three
257permitholders that conducted a full schedule of live racing in
2581995, and are closest to another state that authorizes greyhound
259pari-mutuel wagering, the maximum tax savings per state fiscal
260year shall be $500,000. The provisions of this subsection
261relating to tax exemptions shall not apply to any charity or
262scholarship performances conducted pursuant to s. 550.0351.
263     (b)  Each permitholder licensed to conduct at least 100
264live performances of at least eight races during a fiscal year
265who cannot use the full amount of the exemption of $360,000 or
266$500,000 provided in paragraph (a) or the daily license fee
267credit provided in s. 550.0951(1) may, at any time after
268notifying the division in writing on a form provided by the
269division, transfer such exemption or credit or any portion
270thereof to any greyhound permitholder that acts as a host track
271to such permitholder for the purpose of intertrack wagering.
272Once an election to transfer such exemption or credit is filed
273with the division, it may not be rescinded. The division shall
274disapprove the transfer when the amount of the exemption or
275credit or portion thereof is unavailable to the transferring
276permitholder for any reason, including being unavailable because
277the transferring permitholder is not licensed to conduct at
278least 100 live performances of at least eight races during the
279fiscal year, or when the permitholder who is entitled to
280transfer the exemption or credit or who is entitled to receive
281the exemption or credit owes taxes to the state pursuant to a
282deficiency letter or administrative complaint issued by the
283division. The greyhound permitholder host track to which such
284exemption or credit is transferred shall reimburse such
285permitholder the exact monetary value of such transferred
286exemption or credit as actually applied against the taxes and
287daily license fees of the host track.
288     (c)  Each permitholder who is not licensed to conduct at
289least 100 live performances of at least eight races during a
290fiscal year forfeits the exemption of $360,000 or $500,000
291provided in paragraph (a). Annually, the division shall pool
292such forfeited exemptions from greyhound permitholders and each
293greyhound permitholder who is licensed to conduct at least 100
294live performances of at least eight races during the fiscal year
295is entitled to an additional tax credit in an amount equal to
296the product of the respective permitholder's percentage share of
297live and intertrack wagering handle under s. 550.0951(3) during
298the previous fiscal year and the total value of tax credits
299available in the pool.
300     (d)  Upon approval of a transfer under paragraph (b) or
301additional credit under paragraph (c) by the division, the tax
302exemption or credit shall be effective for the first performance
303of the next payment period as specified in s. 550.0951(5).
304     (e)  Exemptions or credits issued or transferred pursuant
305to this subsection may be applied against any taxes imposed by
306this chapter or daily license fees imposed by this chapter,
307except during any charity or scholarship performances conducted
308pursuant to s. 550.0351. No credit or exemption authorized under
309this section or s. 550.0951 shall carry forward to subsequent
310fiscal years. The division shall ensure that all transfers of
311exemptions or credits are made in accordance with this
312subsection and may adopt rules to ensure the implementation of
313this section.
314     (2)
315     (b)  Except as otherwise set forth herein, in addition to
316the minimum purse percentage required by paragraph (a), each
317permitholder conducting live racing during a fiscal year shall
318pay as purses an annual amount equal to 75 percent of the daily
319license fees paid by each permitholder for the 1994-1995 fiscal
320year. This purse supplement shall be disbursed weekly during the
321permitholder's race meet in an amount determined by dividing the
322annual purse supplement by the number of performances approved
323for the permitholder pursuant to its annual license and
324multiplying that amount by the number of performances conducted
325each week. For the greyhound permitholders in the county where
326there are two greyhound permitholders located as specified in s.
327550.615(6), such permitholders shall pay in the aggregate an
328amount equal to 75 percent of the daily license fees paid by
329such permitholders for the 1994-1995 fiscal year. These
330permitholders shall be jointly and severally liable for such
331purse payments. The additional purses provided by this paragraph
332must be used exclusively for purses other than stakes. The
333division shall conduct audits necessary to ensure compliance
334with this section.
335     (c)1.  Each greyhound permitholder when conducting at least
336three live performances during any week shall pay purses in that
337week on wagers it accepts as a guest track on intertrack and
338simulcast greyhound races at the same rate as it pays on live
339races. Each greyhound permitholder when conducting at least
340three live performances during any week shall pay purses in that
341week, at the same rate as it pays on live races, on wagers
342accepted on greyhound races at a guest track which is not
343conducting live racing and is located within the same market
344area as the greyhound permitholder conducting at least three
345live performances during any week.
346     2.  Each host greyhound permitholder shall pay purses on
347its simulcast and intertrack broadcasts of greyhound races to
348guest facilities that are located outside its market area in an
349amount equal to one quarter of an amount determined by
350subtracting the transmission costs of sending the simulcast or
351intertrack broadcasts from an amount determined by adding the
352fees received for greyhound simulcast races plus 3 percent of
353the greyhound intertrack handle at guest facilities that are
354located outside the market area of the host and that paid
355contractual fees to the host for such broadcasts of greyhound
356races. For guest greyhound permitholders not conducting live
357racing during a fiscal year and not subject to the purse
358requirements of subparagraph 1., 3 percent of the greyhound
359intertrack handle shall be paid to the host greyhound
360permitholder for payment of purses at the host track.
361     (e)  In addition to the purse requirements of paragraphs
362(a)-(c), each greyhound permitholder shall pay as purses an
363amount equal to one-third of the amount of the tax reduction on
364live and simulcast handle applicable to such permitholder as a
365result of the reductions in tax rates provided by this act
366through the amendments to s. 550.0951(3) by chapter 2000-354,
367Laws of Florida. With respect to intertrack wagering when the
368host and guest tracks are greyhound permitholders not within the
369same market area, an amount equal to the tax reduction
370applicable to the guest track handle as a result of the
371reduction in tax rates rate provided by this act through the
372amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws
373of Florida, shall be distributed to the guest track, one-third
374of which amount shall be paid as purses at those guest tracks
375conducting live racing the guest track. However, if the guest
376track is a greyhound permitholder within the market area of the
377host or if the guest track is not a greyhound permitholder, an
378amount equal to such tax reduction applicable to the guest track
379handle shall be retained by the host track, one-third of which
380amount shall be paid as purses at the host track. These purse
381funds shall be disbursed in the week received if the
382permitholder conducts at least one live performance during that
383week. If the permitholder does not conduct at least one live
384performance during the week in which the purse funds are
385received, the purse funds shall be disbursed weekly during the
386permitholder's next race meet in an amount determined by
387dividing the purse amount by the number of performances approved
388for the permitholder pursuant to its annual license, and
389multiplying that amount by the number of performances conducted
390each week. The division shall conduct audits necessary to ensure
391compliance with this paragraph.
392     Section 6.  Subsection (1) of section 550.26165, Florida
393Statutes, is amended to read:
394     550.26165  Breeders' awards.-
395     (1)  The purpose of this section is to encourage the
396agricultural activity of breeding and training racehorses in
397this state. Moneys dedicated in this chapter for use as
398breeders' awards and stallion awards are to be used for awards
399to breeders of registered Florida-bred horses winning horseraces
400and for similar awards to the owners of stallions who sired
401Florida-bred horses winning stakes races, if the stallions are
402registered as Florida stallions standing in this state. Such
403awards shall be given at a uniform rate to all winners of the
404awards, shall not be greater than 20 percent of the announced
405gross purse, and shall not be less than 15 percent of the
406announced gross purse if funds are available. In addition, no
407less than 17 percent nor more than 40 percent, as determined by
408the Florida Thoroughbred Breeders' Association, of the moneys
409dedicated in this chapter for use as breeders' awards and
410stallion awards for thoroughbreds shall be returned pro rata to
411the permitholders that generated the moneys for special racing
412awards to be distributed by the permitholders to owners of
413thoroughbred horses participating in prescribed thoroughbred
414stakes races, nonstakes races, or both, all in accordance with a
415written agreement establishing the rate, procedure, and
416eligibility requirements for such awards entered into by the
417permitholder, the Florida Thoroughbred Breeders' Association,
418and the Florida Horsemen's Benevolent and Protective
419Association, Inc., except that the plan for the distribution by
420any permitholder located in the area described in s.
421550.615(8)(9) shall be agreed upon by that permitholder, the
422Florida Thoroughbred Breeders' Association, and the association
423representing a majority of the thoroughbred racehorse owners and
424trainers at that location. Awards for thoroughbred races are to
425be paid through the Florida Thoroughbred Breeders' Association,
426and awards for standardbred races are to be paid through the
427Florida Standardbred Breeders and Owners Association. Among
428other sources specified in this chapter, moneys for thoroughbred
429breeders' awards will come from the 0.955 percent of handle for
430thoroughbred races conducted, received, broadcast, or simulcast
431under this chapter as provided in s. 550.2625(3). The moneys for
432quarter horse and harness breeders' awards will come from the
433breaks and uncashed tickets on live quarter horse and harness
434racing performances and 1 percent of handle on intertrack
435wagering. The funds for these breeders' awards shall be paid to
436the respective breeders' associations by the permitholders
437conducting the races.
438     Section 7.  Section 550.475, Florida Statutes, is amended
439to read:
440     550.475  Lease of pari-mutuel facilities by pari-mutuel
441permitholders.-Holders of valid pari-mutuel permits for the
442conduct of any jai alai games, dogracing, or thoroughbred and
443standardbred horse racing in this state are entitled to lease
444any and all of their facilities to any other holder of a same
445class valid pari-mutuel permit for jai alai games, dogracing, or
446thoroughbred or standardbred horse racing, when located within a
44735-mile radius of each other; and such lessee is entitled to a
448permit and license to operate its race meet or jai alai games at
449the leased premises.
450     Section 8.  Section 550.615, Florida Statutes, is amended
451to read:
452     550.615  Intertrack wagering.-
453     (1)  Any horserace permitholder licensed under this chapter
454which has conducted a full schedule of live racing may, at any
455time, receive broadcasts of horseraces and accept wagers on
456horseraces conducted by horserace permitholders licensed under
457this chapter at its facility.
458     (2)  A Any track or fronton licensed under this chapter
459that conducted a full schedule of live racing or games which in
460the preceding year, or any greyhound permitholder that has held
461an annual license to conduct pari-mutuel wagering activities in
462each of the preceding 10 years or was converted pursuant to s.
463550.054(14), conducted a full schedule of live racing is
464qualified to, at any time, receive broadcasts of any class of
465pari-mutuel race or game and accept wagers on such races or
466games conducted by any class of permitholders licensed under
467this chapter.
468     (3)  If a permitholder elects to broadcast its signal to
469any permitholder in this state, any permitholder that is
470eligible to conduct intertrack wagering under the provisions of
471ss. 550.615-550.6345 is entitled to receive the broadcast and
472conduct intertrack wagering under this section; provided,
473however, that the host track may require a guest track within 25
474miles of another permitholder to receive in any week at least 60
475percent of the live races that the host track is making
476available on the days that the guest track is otherwise
477operating live races or games. A host track may require a guest
478track not operating live races or games and within 25 miles of
479another permitholder to accept within any week at least 60
480percent of the live races that the host track is making
481available. A person may not restrain or attempt to restrain any
482permitholder that is otherwise authorized to conduct intertrack
483wagering from receiving the signal of any other permitholder or
484sending its signal to any permitholder.
485     (4)  In no event shall any intertrack wager be accepted on
486the same class of live races or games of any permitholder
487without the written consent of such operating permitholders
488conducting the same class of live races or games if the guest
489track is within the market area of such operating permitholder.
490A greyhound permitholder licensed under chapter 551 that accepts
491intertrack wagers on live greyhound signals is not required to
492obtain the written consent required by this subsection from any
493operating greyhound permitholder within its market area.
494     (5)  No permitholder within the market area of the host
495track shall take an intertrack wager on the host track without
496the consent of the host track.
497     (6)  Notwithstanding the provisions of subsection (3), in
498any area of the state where there are three or more horserace
499permitholders within 25 miles of each other, intertrack wagering
500between permitholders in said area of the state shall only be
501authorized under the following conditions: Any permitholder,
502other than a thoroughbred permitholder, may accept intertrack
503wagers on races or games conducted live by a permitholder of the
504same class or any harness permitholder located within such area
505and any harness permitholder may accept wagers on games
506conducted live by any jai alai permitholder located within its
507market area and from a jai alai permitholder located within the
508area specified in this subsection when no jai alai permitholder
509located within its market area is conducting live jai alai
510performances; any greyhound or jai alai permitholder may receive
511broadcasts of and accept wagers on any permitholder of the other
512class provided that a permitholder, other than the host track,
513of such other class is not operating a contemporaneous live
514performance within the market area.
515     (7)  In any county of the state where there are only two
516permits, one for dogracing and one for jai alai, no intertrack
517wager may be taken during the period of time when a permitholder
518is not licensed to conduct live races or games without the
519written consent of the other permitholder that is conducting
520live races or games. However, if neither permitholder is
521conducting live races or games, either permitholder may accept
522intertrack wagers on horseraces or on the same class of races or
523games, or on both horseraces and the same class of races or
524games as is authorized by its permit.
525     (7)(8)  In any three contiguous counties of the state where
526there are only three permitholders, all of which are greyhound
527permitholders, If any greyhound permitholder leases the facility
528of another greyhound permitholder for the purpose of conducting
529all or any portion of the conduct of its live race meet pursuant
530to s. 550.475, such lessee may conduct intertrack wagering at
531its pre-lease permitted facility throughout the entire year,
532including while its race live meet is being conducted at the
533leased facility, if such permitholder has conducted a full
534schedule of live racing during the preceding fiscal year at its
535pre-lease permitted facility or at a leased facility, or
536combination thereof.
537     (8)(9)  In any two contiguous counties of the state in
538which there are located only four active permits, one for
539thoroughbred horse racing, two for greyhound dogracing, and one
540for jai alai games, no intertrack wager may be accepted on the
541same class of live races or games of any permitholder without
542the written consent of such operating permitholders conducting
543the same class of live races or games if the guest track is
544within the market area of such operating permitholder.
545     (9)(10)  All costs of receiving the transmission of the
546broadcasts shall be borne by the guest track; and all costs of
547sending the broadcasts shall be borne by the host track.
548     Section 9.  Paragraph (g) of subsection (9) of section
549550.6305, Florida Statutes, is amended to read:
550     550.6305  Intertrack wagering; guest track payments;
551accounting rules.-
552     (9)  A host track that has contracted with an out-of-state
553horse track to broadcast live races conducted at such out-of-
554state horse track pursuant to s. 550.3551(5) may broadcast such
555out-of-state races to any guest track and accept wagers thereon
556in the same manner as is provided in s. 550.3551.
557     (g)1.  Any thoroughbred permitholder which accepts wagers
558on a simulcast signal must make the signal available to any
559permitholder that is eligible to conduct intertrack wagering
560under the provisions of ss. 550.615-550.6345.
561     2.  Any thoroughbred permitholder which accepts wagers on a
562simulcast signal received after 6 p.m. must make such signal
563available to any permitholder that is eligible to conduct
564intertrack wagering under the provisions of ss. 550.615-
565550.6345, including any permitholder located as specified in s.
566550.615(6). Such guest permitholders are authorized to accept
567wagers on such simulcast signal, notwithstanding any other
568provision of this chapter to the contrary.
569     3.  Any thoroughbred permitholder which accepts wagers on a
570simulcast signal received after 6 p.m. must make such signal
571available to any permitholder that is eligible to conduct
572intertrack wagering under the provisions of ss. 550.615-
573550.6345, including any permitholder located as specified in s.
574550.615(8)(9). Such guest permitholders are authorized to accept
575wagers on such simulcast signals for a number of performances
576not to exceed that which constitutes a full schedule of live
577races for a quarter horse permitholder pursuant to s.
578550.002(11), notwithstanding any other provision of this chapter
579to the contrary, except that the restrictions provided in s.
580550.615(8)(9)(a) apply to wagers on such simulcast signals.
581
582No thoroughbred permitholder shall be required to continue to
583rebroadcast a simulcast signal to any in-state permitholder if
584the average per performance gross receipts returned to the host
585permitholder over the preceding 30-day period were less than
586$100. Subject to the provisions of s. 550.615(4), as a condition
587of receiving rebroadcasts of thoroughbred simulcast signals
588under this paragraph, a guest permitholder must accept
589intertrack wagers on all live races conducted by all then-
590operating thoroughbred permitholders.
591     Section 10.  Paragraph (c) of subsection (4) of section
592551.104, Florida Statutes, is amended to read:
593     551.104  License to conduct slot machine gaming.-
594     (4)  As a condition of licensure and to maintain continued
595authority for the conduct of slot machine gaming, the slot
596machine licensee shall:
597     (c)  Conduct no fewer than a full schedule of live racing
598or games as defined in s. 550.002(11), except for holders of
599greyhound permits, which have no live racing requirement. A
600permitholder's responsibility to conduct such number of live
601races or games shall be reduced by the number of races or games
602that could not be conducted due to the direct result of fire,
603war, hurricane, or other disaster or event beyond the control of
604the permitholder.
605     Section 11.  Subsections (2) and (4) of section 551.114,
606Florida Statutes, are amended to read:
607     551.114  Slot machine gaming areas.-
608     (2)  The slot machine licensee shall display pari-mutuel
609races or games within the designated slot machine gaming areas
610and offer patrons within the designated slot machine gaming
611areas the ability to engage in pari-mutuel wagering on any live,
612intertrack, and simulcast races conducted or offered to patrons
613of the licensed facility.
614     (4)  Designated slot machine gaming areas may be located
615within the current live gaming facility or in an existing
616building that must be contiguous and connected to the live
617gaming facility, if applicable. If a designated slot machine
618gaming area is to be located in a building that is to be
619constructed, that new building must be contiguous and connected
620to the live gaming facility.
621     Section 12.  Paragraphs (a) and (b) of subsection (5) and
622paragraph (d) of subsection (13) of section 849.086, Florida
623Statutes, are amended to read:
624     849.086  Cardrooms authorized.-
625     (5)  LICENSE REQUIRED; APPLICATION; FEES.-No person may
626operate a cardroom in this state unless such person holds a
627valid cardroom license issued pursuant to this section.
628     (a)  Only those persons holding a valid cardroom license
629issued by the division may operate a cardroom. A cardroom
630license may only be issued to a licensed pari-mutuel
631permitholder and an authorized cardroom may only be operated at
632the same facility at which the permitholder is authorized under
633its valid pari-mutuel wagering permit to conduct pari-mutuel
634wagering activities. An initial cardroom license shall be issued
635to a pari-mutuel permitholder only after its facilities are in
636place and after it conducts its first day of live racing or
637games or, for a greyhound permitholder, only after it has
638conducted a full schedule of live racing in each of the
639preceding 10 years or after it was converted pursuant to s.
640550.054(14). A new cardroom license may not be issued in an area
641unless the local government has approved such activity within
642its boundaries in accordance with subsection (16).
643     (b)  After the initial cardroom license is granted, the
644application for the annual license renewal shall be made in
645conjunction with the applicant's annual application for its
646pari-mutuel license. If a permitholder has operated a cardroom
647during any of the 3 previous fiscal years and fails to include a
648renewal request for the operation of the cardroom in its annual
649application for license renewal, the permitholder may amend its
650annual application to include operation of the cardroom. Except
651for greyhound permitholders, in order for a cardroom license to
652be renewed the applicant must have requested, as part of its
653pari-mutuel annual license application, to conduct at least 90
654percent of the total number of live performances conducted by
655such permitholder during either the state fiscal year in which
656its initial cardroom license was issued or the state fiscal year
657immediately prior thereto if the permitholder ran at least a
658full schedule of live racing or games in the prior year. If the
659application is for a harness permitholder cardroom, the
660applicant must have requested authorization to conduct a minimum
661of 140 live performances during the state fiscal year
662immediately prior thereto. If more than one permitholder is
663operating at a facility, each permitholder must have applied for
664a license to conduct a full schedule of live racing. However, a
665minimum number of requested or conducted live performances is
666not required in order for a greyhound permitholder to maintain
667or renew a cardroom license.
668     (13)  TAXES AND OTHER PAYMENTS.-
669     (d)1.  Each greyhound and jai alai permitholder that
670operates a cardroom facility shall use at least 4 percent of
671such permitholder's cardroom monthly gross receipts to
672supplement greyhound purses if live racing is conducted during a
673fiscal year, or jai alai prize money, respectively, during the
674permitholder's current or next ensuing pari-mutuel meet.
675     2.  Each thoroughbred and harness horse racing permitholder
676that operates a cardroom facility shall use at least 50 percent
677of such permitholder's cardroom monthly net proceeds as follows:
67847 percent to supplement purses and 3 percent to supplement
679breeders' awards during the permitholder's next ensuing racing
680meet.
681     3.  No cardroom license or renewal thereof shall be issued
682to an applicant holding a permit under chapter 550 to conduct
683pari-mutuel wagering meets of quarter horse racing unless the
684applicant has on file with the division a binding written
685agreement between the applicant and the Florida Quarter Horse
686Racing Association or the association representing a majority of
687the horse owners and trainers at the applicant's eligible
688facility, governing the payment of purses on live quarter horse
689races conducted at the licensee's pari-mutuel facility. The
690agreement governing purses may direct the payment of such purses
691from revenues generated by any wagering or gaming the applicant
692is authorized to conduct under Florida law. All purses shall be
693subject to the terms of chapter 550.
694     Section 13.  This act shall take effect July 1, 2012.


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