HB 181

1
A bill to be entitled
2An act relating to pari-mutuel permitholders; amending s.
3550.002, F.S.; revising the definition of "full schedule
4of live racing or games" for certain jai alai
5permitholders; amending s. 550.09511, F.S.; providing for
6license fees and taxes for certain jai alai permitholders;
7amending s. 550.334, F.S.; revising permitting and
8operational requirements for quarter horse permitholders;
9deleting a provision to allow quarter horse racing by vote
10of the county commission in lieu of referendum approval of
11such racing within a county; providing that specified
12provisions relating to elections to ratify permits and
13elections to revoke permits shall apply to quarter horse
14racing; revising requirements for substitution of
15thoroughbred horse racing for quarter horse racing;
16removing certain restrictions on such substitutions and
17requiring written consent from other permitholders within
18a certain area; revising restrictions on intertrack
19wagering for quarter horse permitholders and requiring
20written consent from other permitholders within a certain
21area; amending s. 849.086, F.S.; removing a prohibition on
22transfer of cardroom licenses; providing for transfer of
23the cardroom license when a permit is relocated within a
24county under certain conditions; providing an effective
25date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (11) of section 550.002, Florida
30Statutes, is amended to read:
31     550.002  Definitions.--As used in this chapter, the term:
32     (11)  "Full schedule of live racing or games" means, for a
33greyhound or jai alai permitholder, the conduct of a combination
34of at least 100 live evening or matinee performances during the
35preceding year; for a permitholder who has a converted permit or
36filed an application on or before June 1, 1990, for a converted
37permit, the conduct of a combination of at least 100 live
38evening and matinee wagering performances during either of the 2
39preceding years; for a jai alai permitholder who does not
40operate slot machines in its pari-mutuel facility, who has
41conducted at least 100 live performances per year for at least
4210 years after December 31, 1992, and whose handle on live jai
43alai games conducted at its pari-mutuel facility has been less
44than $4 million per state fiscal year for at least 2 consecutive
45years after June 30, 1992, the conduct of a combination of at
46least 40 live evening or matinee performances during the
47preceding year; for a jai alai permitholder who operates slot
48machines in its pari-mutuel facility, the conduct of a
49combination of at least 150 performances during the preceding
50year; for a harness permitholder, the conduct of at least 100
51live regular wagering performances during the preceding year;
52for a quarter horse permitholder, the conduct of at least 40
53live regular wagering performances during the preceding year;
54and for a thoroughbred permitholder, the conduct of at least 40
55live regular wagering performances during the preceding year.
56For a permitholder which is restricted by statute to certain
57operating periods within the year when other members of its same
58class of permit are authorized to operate throughout the year,
59the specified number of live performances which constitute a
60full schedule of live racing or games shall be adjusted pro rata
61in accordance with the relationship between its authorized
62operating period and the full calendar year and the resulting
63specified number of live performances shall constitute the full
64schedule of live games for such permitholder and all other
65permitholders of the same class within 100 air miles of such
66permitholder. A live performance must consist of no fewer than
67eight races or games conducted live for each of a minimum of
68three performances each week at the permitholder's licensed
69facility under a single admission charge.
70     Section 2.  Subsection (4) of section 550.09511, Florida
71Statutes, is renumbered as subsection (5) and a new subsection
72(4) is added to said section to read:
73     550.09511  Jai alai taxes; abandoned interest in a permit
74for nonpayment of taxes.--
75     (4)  A jai alai permitholder conducting fewer than 100 live
76performances in any calendar year shall pay to the state the
77same aggregate amount of daily license fees on live jai alai
78games, admissions tax, and tax on live handle as that
79permitholder paid to the state during the most recent prior
80calendar year in which the jai alai permitholder conducted at
81least 100 live performances.
82     Section 3.  Subsections (1), (4), (7), and (10) of section
83550.334, Florida Statutes, are amended to read:
84     550.334  Quarter horse racing; substitutions.--
85     (1)  Subject to all the applicable provisions of this
86chapter, any person who possesses the qualifications prescribed
87in this chapter may apply to the division for a permit to
88conduct quarter horse race meetings and racing under this
89chapter. The applicant must demonstrate that the location or
90locations where the permit will be used are available for such
91use and that she or he has the financial ability to satisfy the
92reasonably anticipated operational expenses of the first racing
93year following final issuance of the permit. If the racing
94facility is already built, the application must contain a
95statement, with reasonable supporting evidence, that the permit
96will be used for quarter horse racing within 1 year after the
97date on which it is granted; if the facility is not already
98built, the application must contain a statement, with reasonable
99supporting evidence, that substantial construction will be
100started within 1 year after the issuance of the permit. After
101receipt of an application, the division shall convene to
102consider and act upon permits applied for. The division shall
103disapprove an application if it fails to meet the requirements
104of this chapter. Upon each application filed and approved, a
105permit shall be issued setting forth the name of the applicant
106and a statement showing qualifications of the applicant to
107conduct racing under this chapter. If a favorable referendum on
108a pari-mutuel facility has not been held previously within the
109county, then, before a quarter horse permit may be issued by the
110division, a referendum ratified by a majority of the electors in
111the county is required on the question of allowing quarter horse
112races within that county; but if there is an extraordinary vote
113of the board of county commissioners of that county to allow
114quarter horse racing, the requirement for a referendum does not
115apply.
116     (4)  Section Sections 550.054 is, 550.0651, and 550.175 are
117inapplicable to quarter horse racing as permitted under this
118section. All other provisions of this chapter apply to, govern,
119and control such racing, and the same must be conducted in
120compliance therewith.
121     (7)(a)  Any quarter horse racing permitholder operating
122under a valid permit issued by the division is authorized to
123substitute other races of other breeds of horses, except
124thoroughbreds, which are, respectively, registered with the
125American Paint Horse Association, Appaloosa Horse Club, Arabian
126Horse Registry of America, Jockey Club, Palomino Horse Breeders
127of America, or United States Trotting Association, for no more
128than 50 percent of the quarter horse races daily, and may
129substitute races of thoroughbreds registered with the Jockey
130Club for no more than 50 percent of the quarter horse races
131daily with the written consent of all greyhound, harness, and
132thoroughbred permitholders whose pari-mutuel facilities are
133located within 50 air miles of such quarter horse racing
134permitholder's pari-mutuel facility.
135     (b)  Any permittee operating within an area of 50 air miles
136of a licensed thoroughbred track may not substitute thoroughbred
137races under this section while a thoroughbred horse race meet is
138in progress within that 50 miles. Any permittee operating within
139an area of 125 air miles of a licensed thoroughbred track may
140not substitute live thoroughbred races under this section while
141a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
142is conducting a thoroughbred meet within that 125 miles. These
143mileage restrictions do not apply to any permittee that holds a
144nonwagering permit issued pursuant to s. 550.505. Races
145comprised of thoroughbred horses under this section registered
146with the Jockey Club may not be permitted during the period
147beginning September 1 and ending January 5 of each year in any
148county where there are one or more licensed dog tracks
149conducting race meets. This section does not affect the
150competitive award of matinee performances to jai alai frontons
151or dog tracks in opposition to races comprised of thoroughbred
152horses registered with the Jockey Club under this section.
153     (10)  Intertrack wagering shall not be authorized for any
154quarter horse permitholder without the written consent of all
155greyhound, harness, and thoroughbred permitholders whose pari-
156mutuel facilities are located within 50 air miles of such
157quarter horse permitholder's pari-mutuel facility an existing
158greyhound track unless such quarter horse permitholder has
159incurred a minimum capital expenditure of at least $7.5 million.
160"Capital expenditure" means an expenditure, including an
161expenditure for a construction project undertaken by a quarter
162horse permitholder as its own contractor, which, under generally
163accepted accounting principles, is not properly chargeable as an
164expense of operation and maintenance; and includes the cost, in
165current value, of the studies, surveys, designs, plans, working
166drawings, specifications, refinancing costs, and other
167activities essential to the acquisition, improvement, expansion,
168or replacement of the plant and equipment.
169     Section 4.  Paragraph (a) of subsection (5) and paragraph
170(a) of subsection (17) of section 849.086, Florida Statutes, are
171amended to read:
172     849.086  Cardrooms authorized.--
173     (5)  LICENSE REQUIRED; APPLICATION; FEES.--No person may
174operate a cardroom in this state unless such person holds a
175valid cardroom license issued pursuant to this section.
176     (a)  Only those persons holding a valid cardroom license
177issued by the division may operate a cardroom. A cardroom
178license may only be issued to a licensed pari-mutuel
179permitholder and an authorized cardroom may only be operated at
180the same facility at which the permitholder is authorized under
181its valid pari-mutuel wagering permit to conduct pari-mutuel
182wagering activities. Cardroom licenses are not transferable.
183     (17)  CHANGE OF LOCATION; REFERENDUM.--
184     (a)  Notwithstanding any provisions of this section, no
185cardroom gaming license issued under this section shall be
186transferred, or reissued when such reissuance is in the nature
187of a transfer, so as to permit or authorize a licensee to change
188the location of the cardroom except upon proof in such form as
189the division may prescribe that a referendum election has been
190held:
191     1.  If the proposed new location is within the same county
192as the already licensed location, in the county where the
193licensee desires to conduct cardroom gaming and that a majority
194of the electors voting on the question in such election voted in
195favor of the transfer of such license. However, the division
196shall transfer, without requirement of a referendum election,
197the cardroom license of any permitholder that relocated its
198permit pursuant to s. 550.0555.
199     2.  If the proposed new location is not within the same
200county as the already licensed location, in the county where the
201licensee desires to conduct cardroom gaming and that a majority
202of the electors voting on that question in each such election
203voted in favor of the transfer of such license.
204     Section 5.  This act shall take effect July 1, 2005.


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