| 1 | A bill to be entitled |
| 2 | An act relating to greyhound racing permitholders; |
| 3 | amending s. 550.002, F.S.; revising the definition of |
| 4 | "full schedule of live racing or games" as it refers to |
| 5 | greyhound permitholders under the Florida Pari-mutuel |
| 6 | Wagering Act; providing for application to simulcast or |
| 7 | intertrack wagering, slot machine gaming, and cardroom |
| 8 | operations under specified provisions; amending s. |
| 9 | 550.054, F.S.; providing that no new greyhound racing |
| 10 | permits shall be issued under specified provisions after a |
| 11 | certain date; amending s. 550.0951, F.S.; revising |
| 12 | provisions for transfer by a greyhound permitholder of |
| 13 | specified tax credits or exemptions to another greyhound |
| 14 | permitholder; requiring a certain number of live |
| 15 | performances during a fiscal year; amending s. 849.086, |
| 16 | F.S.; revising requirements for renewal of a cardroom |
| 17 | license by a greyhound permitholder; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (11) of section 550.002, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 550.002 Definitions.--As used in this chapter, the term: |
| 25 | (11) "Full schedule of live racing or games" means, for a |
| 26 | greyhound permitholder, the conduct of no minimum number of live |
| 27 | performances provided that the permitholder conducted a |
| 28 | combination of at least 100 live evening or matinee performances |
| 29 | per year for at least 5 years following December 31, 2002; for a |
| 30 | or jai alai permitholder, the conduct of a combination of at |
| 31 | least 100 live evening or matinee performances during the |
| 32 | preceding year; for a permitholder who has a converted permit or |
| 33 | filed an application on or before June 1, 1990, for a converted |
| 34 | permit, the conduct of a combination of at least 100 live |
| 35 | evening and matinee wagering performances during either of the 2 |
| 36 | preceding years; for a jai alai permitholder who does not |
| 37 | operate slot machines in its pari-mutuel facility, who has |
| 38 | conducted at least 100 live performances per year for at least |
| 39 | 10 years after December 31, 1992, and whose handle on live jai |
| 40 | alai games conducted at its pari-mutuel facility has been less |
| 41 | than $4 million per state fiscal year for at least 2 consecutive |
| 42 | years after June 30, 1992, the conduct of a combination of at |
| 43 | least 40 live evening or matinee performances during the |
| 44 | preceding year; for a jai alai permitholder who operates slot |
| 45 | machines in its pari-mutuel facility, the conduct of a |
| 46 | combination of at least 150 performances during the preceding |
| 47 | year; for a harness permitholder, the conduct of at least 100 |
| 48 | live regular wagering performances during the preceding year; |
| 49 | for a quarter horse permitholder, the conduct of at least 40 |
| 50 | live regular wagering performances during the preceding year; |
| 51 | and for a thoroughbred permitholder, the conduct of at least 40 |
| 52 | live regular wagering performances during the preceding year. |
| 53 | For a permitholder which is restricted by statute to certain |
| 54 | operating periods within the year when other members of its same |
| 55 | class of permit are authorized to operate throughout the year, |
| 56 | the specified number of live performances which constitute a |
| 57 | full schedule of live racing or games shall be adjusted pro rata |
| 58 | in accordance with the relationship between its authorized |
| 59 | operating period and the full calendar year and the resulting |
| 60 | specified number of live performances shall constitute the full |
| 61 | schedule of live games for such permitholder and all other |
| 62 | permitholders of the same class within 100 air miles of such |
| 63 | permitholder. A live performance must consist of no fewer than |
| 64 | eight races or games conducted live for each of a minimum of |
| 65 | three performances each week at the permitholder's licensed |
| 66 | facility under a single admission charge. Notwithstanding any |
| 67 | other provision of law, a greyhound permitholder shall not be |
| 68 | required to run a minimum number of live performances of |
| 69 | greyhound racing in order to engage in the business of simulcast |
| 70 | or intertrack wagering pursuant to this chapter, slot machine |
| 71 | gaming pursuant to chapter 551, or cardroom operations pursuant |
| 72 | to s. 849.086, provided that such greyhound permitholder |
| 73 | conducted a combination of at least 100 live evening or matinee |
| 74 | performances per year for at least 5 years following December |
| 75 | 31, 2002. |
| 76 | Section 2. Subsection (14) is added to section 550.054, |
| 77 | Florida Statutes, to read: |
| 78 | 550.054 Application for permit to conduct pari-mutuel |
| 79 | wagering.-- |
| 80 | (14) Notwithstanding any other provision of law, no new |
| 81 | greyhound racing permits shall be issued pursuant to this |
| 82 | chapter on or after January 1, 2009. |
| 83 | Section 3. Paragraph (b) of subsection (1) of section |
| 84 | 550.0951, Florida Statutes, is amended to read: |
| 85 | 550.0951 Payment of daily license fee and taxes; |
| 86 | penalties.-- |
| 87 | (1) |
| 88 | (b) Each permitholder that cannot utilize the full amount |
| 89 | of the exemption of $360,000 or $500,000 provided in s. |
| 90 | 550.09514(1) or the daily license fee credit provided in this |
| 91 | section may, after notifying the division in writing and |
| 92 | provided that, if such permitholder is a greyhound permitholder, |
| 93 | the permitholder held a minimum of 100 live performances during |
| 94 | the course of the fiscal year, elect once per state fiscal year |
| 95 | on a form provided by the division to transfer such exemption or |
| 96 | credit or any portion thereof to any greyhound permitholder |
| 97 | which acts as a host track to such permitholder for the purpose |
| 98 | of intertrack wagering. Once an election to transfer such |
| 99 | exemption or credit is filed with the division, it shall not be |
| 100 | rescinded. The division shall disapprove the transfer when the |
| 101 | amount of the exemption or credit or portion thereof is |
| 102 | unavailable to the transferring permitholder or when the |
| 103 | permitholder who is entitled to transfer the exemption or credit |
| 104 | or who is entitled to receive the exemption or credit owes taxes |
| 105 | to the state pursuant to a deficiency letter or administrative |
| 106 | complaint issued by the division. Upon approval of the transfer |
| 107 | by the division, the transferred tax exemption or credit shall |
| 108 | be effective for the first performance of the next biweekly pay |
| 109 | period as specified in subsection (5). The exemption or credit |
| 110 | transferred to such host track may be applied by such host track |
| 111 | against any taxes imposed by this chapter or daily license fees |
| 112 | imposed by this chapter. The greyhound permitholder host track |
| 113 | to which such exemption or credit is transferred shall reimburse |
| 114 | such permitholder the exact monetary value of such transferred |
| 115 | exemption or credit as actually applied against the taxes and |
| 116 | daily license fees of the host track. The division shall ensure |
| 117 | that all transfers of exemption or credit are made in accordance |
| 118 | with this subsection and shall have the authority to adopt rules |
| 119 | to ensure the implementation of this section. |
| 120 | Section 4. Paragraph (b) of subsection (5) of section |
| 121 | 849.086, Florida Statutes, is amended to read: |
| 122 | 849.086 Cardrooms authorized.-- |
| 123 | (5) LICENSE REQUIRED; APPLICATION; FEES.--No person may |
| 124 | operate a cardroom in this state unless such person holds a |
| 125 | valid cardroom license issued pursuant to this section. |
| 126 | (b) After the initial cardroom license is granted, the |
| 127 | application for the annual license renewal shall be made in |
| 128 | conjunction with the applicant's annual application for its |
| 129 | pari-mutuel license. If a permitholder has operated a cardroom |
| 130 | during any of the 3 previous fiscal years and fails to include a |
| 131 | renewal request for the operation of the cardroom in its annual |
| 132 | application for license renewal, the permitholder may amend its |
| 133 | annual application to include operation of the cardroom. In |
| 134 | order for a cardroom license to be renewed if the applicant is |
| 135 | not a greyhound permitholder, the applicant must have requested, |
| 136 | as part of its pari-mutuel annual license application, to |
| 137 | conduct at least 90 percent of the total number of live |
| 138 | performances conducted by such permitholder during either the |
| 139 | state fiscal year in which its initial cardroom license was |
| 140 | issued or the state fiscal year immediately prior thereto. In |
| 141 | order for a cardroom license to be renewed if the applicant is a |
| 142 | greyhound permitholder, the applicant must have conducted a |
| 143 | combination of at least 100 live evening or matinee performances |
| 144 | per year for at least 5 years following December 31, 2002. If |
| 145 | the application is for a harness permitholder cardroom, the |
| 146 | applicant must have requested authorization to conduct a minimum |
| 147 | of 140 live performances during the state fiscal year |
| 148 | immediately prior thereto. If more than one permitholder is |
| 149 | operating at a facility, each permitholder must have applied for |
| 150 | a license to conduct a full schedule of live racing. |
| 151 | Section 5. This act shall take effect July 1, 2009. |