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