Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1145, 1st Eng.
       
       
       
       
       
       
                                Barcode 295170                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .           Floor: RC            
             04/29/2011 02:56 PM       .      05/05/2011 03:38 PM       
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       Senator Sachs moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (11) of section 550.002, Florida
    6  Statutes, is amended to read:
    7         550.002 Definitions.—As used in this chapter, the term:
    8         (11) “Full schedule of live racing or games” means, for a
    9  greyhound or jai alai permitholder, the conduct of a combination
   10  of at least 100 live evening or matinee performances during the
   11  preceding year; for a permitholder who has a converted permit or
   12  filed an application on or before June 1, 1990, for a converted
   13  permit, the conduct of a combination of at least 100 live
   14  evening and matinee wagering performances during either of the 2
   15  preceding years; for a jai alai permitholder who does not
   16  operate slot machines in its pari-mutuel facility, who has
   17  conducted at least 100 live performances per year for at least
   18  10 years after December 31, 1992, and whose handle on live jai
   19  alai games conducted at its pari-mutuel facility has been less
   20  than $4 million per state fiscal year for at least 2 consecutive
   21  years after June 30, 1992, the conduct of a combination of at
   22  least 40 live evening or matinee performances during the
   23  preceding year; for a jai alai permitholder who operates slot
   24  machines in its pari-mutuel facility, the conduct of a
   25  combination of at least 150 performances during the preceding
   26  year; for a harness permitholder, the conduct of at least 100
   27  live regular wagering performances during the preceding year;
   28  for a quarter horse permitholder at its facility unless an
   29  alternative schedule of at least 20 live regular wagering
   30  performances is agreed upon by the permitholder and either the
   31  Florida Quarter Horse Racing Association or the horsemen’s
   32  association representing the majority of the quarter horse
   33  owners and trainers at the facility and filed with the division
   34  along with its annual date application, in the 2010-2011 fiscal
   35  year, the conduct of at least 20 regular wagering performances,
   36  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   37  least 30 live regular wagering performances, and for every
   38  fiscal year after the 2012-2013 fiscal year, the conduct of at
   39  least 40 live regular wagering performances; for a quarter horse
   40  permitholder leasing another licensed racetrack, the conduct of
   41  160 events at the leased facility; and for a thoroughbred
   42  permitholder, the conduct of at least 40 live regular wagering
   43  performances during the preceding year. For a permitholder which
   44  is restricted by statute to certain operating periods within the
   45  year when other members of its same class of permit are
   46  authorized to operate throughout the year, the specified number
   47  of live performances which constitute a full schedule of live
   48  racing or games shall be adjusted pro rata in accordance with
   49  the relationship between its authorized operating period and the
   50  full calendar year and the resulting specified number of live
   51  performances shall constitute the full schedule of live games
   52  for such permitholder and all other permitholders of the same
   53  class within 100 air miles of such permitholder. A live
   54  performance must consist of no fewer than eight races or games
   55  conducted live for each of a minimum of three performances each
   56  week at the permitholder’s licensed facility under a single
   57  admission charge. Notwithstanding any other provision of law,
   58  beginning with the 2011-2012 fiscal year, there shall be no
   59  minimum requirement of live performances for greyhound
   60  permitholders.
   61         Section 2. Subsection (1) of section 550.01215, Florida
   62  Statutes, is amended to read:
   63         550.01215 License application; periods of operation; bond,
   64  conversion of permit.—
   65         (1) Each permitholder shall annually, during the period
   66  between December 15 and January 4, file in writing with the
   67  division its application for a license to conduct pari-mutuel
   68  wagering activities performances during the next state fiscal
   69  year. Each application requesting live performances, if any,
   70  shall specify the number, dates, and starting times of all
   71  performances which the permitholder intends to conduct. It shall
   72  also specify which performances will be conducted as charity or
   73  scholarship performances. In addition, each application for a
   74  license shall include, for each permitholder which elects to
   75  operate a cardroom, the dates and periods of operation the
   76  permitholder intends to operate the cardroom or, for each
   77  thoroughbred permitholder which elects to receive or rebroadcast
   78  out-of-state races after 7 p.m., the dates for all performances
   79  which the permitholder intends to conduct. A greyhound
   80  permitholder may receive a license to conduct pari-mutuel
   81  wagering activities at a licensed greyhound facility pursuant to
   82  s. 550.475. Permitholders may shall be entitled to amend their
   83  applications through February 28 or, for applications by
   84  greyhound permitholders relating to the 2011-2012 fiscal year,
   85  through August 31, 2011.
   86         Section 3. Paragraph (b) of subsection (14) of section
   87  550.054, Florida Statutes, is amended to read:
   88         550.054 Application for permit to conduct pari-mutuel
   89  wagering.—
   90         (14)
   91         (b) The division, upon application from the holder of a jai
   92  alai permit meeting all conditions of this section, shall
   93  convert the permit and shall issue to the permitholder a permit
   94  to conduct greyhound racing. A permitholder of a permit
   95  converted under this section shall be required to apply for and
   96  conduct a full schedule of live racing each fiscal year to be
   97  eligible for any tax credit provided by this chapter. The holder
   98  of a permit converted pursuant to this subsection or any holder
   99  of a permit to conduct greyhound racing located in a county in
  100  which it is the only permit issued pursuant to this section who
  101  operates at a leased facility pursuant to s. 550.475 may move
  102  the location for which the permit has been issued to another
  103  location within a 30-mile radius of the location fixed in the
  104  permit issued in that county, provided the move does not cross
  105  the county boundary and such location is approved under the
  106  zoning regulations of the county or municipality in which the
  107  permit is located, and upon such relocation may use the permit
  108  for the conduct of pari-mutuel wagering and the operation of a
  109  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  110  apply to any permit converted under this subsection and shall
  111  continue to apply to any permit which was previously included
  112  under and subject to such provisions before a conversion
  113  pursuant to this section occurred.
  114         Section 4. Subsection (1) and paragraph (c) of subsection
  115  (3) of section 550.0951, Florida Statutes, are amended to read:
  116         550.0951 Payment of daily license fee and taxes;
  117  penalties.—
  118         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  119  business of conducting race meetings or jai alai games under
  120  this chapter, hereinafter referred to as the “permitholder,”
  121  “licensee,” or “permittee,” shall pay to the division, for the
  122  use of the division, a daily license fee on each live or
  123  simulcast pari-mutuel event of $100 for each horserace and $80
  124  for each dograce and $40 for each jai alai game conducted at a
  125  racetrack or fronton licensed under this chapter. In addition to
  126  the tax exemption specified in s. 550.09514(1) of $360,000 or
  127  $500,000 per greyhound permitholder per state fiscal year, each
  128  greyhound permitholder shall receive in the current state fiscal
  129  year a tax credit equal to the number of live greyhound races
  130  conducted in the previous state fiscal year times the daily
  131  license fee specified for each dograce in this subsection
  132  applicable for the previous state fiscal year. This tax credit
  133  and the exemption in s. 550.09514(1) shall be applicable to any
  134  tax imposed by this chapter or the daily license fees imposed by
  135  this chapter except during any charity or scholarship
  136  performances conducted pursuant to s. 550.0351. Each
  137  permitholder shall pay daily license fees not to exceed $500 per
  138  day on any simulcast races or games on which such permitholder
  139  accepts wagers regardless of the number of out-of-state events
  140  taken or the number of out-of-state locations from which such
  141  events are taken. This license fee shall be deposited with the
  142  Chief Financial Officer to the credit of the Pari-mutuel
  143  Wagering Trust Fund.
  144         (b) Each permitholder that cannot utilize the full amount
  145  of the exemption of $360,000 or $500,000 provided in s.
  146  550.09514(1) or the daily license fee credit provided in this
  147  section may, at any time after notifying the division in
  148  writing, elect once per state fiscal year on a form provided by
  149  the division, elect to transfer such exemption or credit or any
  150  portion thereof to any greyhound permitholder which acts as a
  151  host track to such permitholder for the purpose of intertrack
  152  wagering. Notwithstanding any other provision of law, the
  153  exemption of $360,000 or $500,000 provided in s. 550.09514(1),
  154  for each greyhound permitholder that does not conduct live
  155  racing shall be pooled for distribution to eligible greyhound
  156  permitholders in the current fiscal year and any portion of the
  157  exemptions provided in s. 550.09514(1) unused or not transferred
  158  by each greyhound permitholder that elects to conduct live
  159  racing shall be pooled for distribution to eligible greyhound
  160  permitholders in the following fiscal year. Each greyhound
  161  permitholder conducting at least 100 live performances of at
  162  least eight races during a fiscal year shall be eligible for an
  163  additional tax credit from the pool in an amount equal to the
  164  product of the respective permitholder’s percentage share of
  165  live and intertrack wagering handle, excluding the live and
  166  intertrack wagering handle of permitholders that do not conduct
  167  live racing during the year in which the credits are distributed
  168  under subsection (3) during the preceding fiscal year and the
  169  total value of tax credits available in the pool. A greyhound
  170  permitholder conducting live racing shall use the credits
  171  provided in paragraph (a) and s. 550.1647 prior to the
  172  exemptions provided in s. 550.09514(1) for purposes of
  173  calculating the amount of unused exemptions. Once an election to
  174  transfer such exemption or credit is filed with the division, it
  175  shall not be rescinded. The division shall disapprove the
  176  transfer when the amount of the exemption or credit or portion
  177  thereof is unavailable to the transferring permitholder for any
  178  reason, including being unavailable because the transferring
  179  permitholder did not conduct at least 100 live performances of
  180  at least eight races during the fiscal year, or when the
  181  permitholder who is entitled to transfer the exemption or credit
  182  or who is entitled to receive the exemption or credit owes taxes
  183  to the state pursuant to a deficiency letter or administrative
  184  complaint issued by the division. Upon approval of the transfer
  185  by the division, the transferred tax exemption or credit shall
  186  be effective for the first performance of the next payment
  187  period as specified in subsection (5). The exemption or credit
  188  transferred to such host track may be applied by such host track
  189  against any taxes imposed by this chapter or daily license fees
  190  imposed by this chapter. The greyhound permitholder host track
  191  to which such exemption or credit is transferred shall reimburse
  192  such permitholder the exact monetary value of such transferred
  193  exemption or credit as actually applied against the taxes and
  194  daily license fees of the host track. The division shall ensure
  195  that all transfers of exemption or credit are made in accordance
  196  with this subsection and shall have the authority to adopt rules
  197  to ensure the implementation of this section.
  198         (c) A greyhound permitholder that conducts at least 100
  199  live performances of at least eight races during each of the 5
  200  years after July 1, 2011; that subsequently elects to not
  201  conduct live racing; and that served as a host track for
  202  intertrack wagering in each of the 10 years preceding its
  203  election to not conduct live racing, or was converted pursuant
  204  to s. 550.054(14), is entitled to an annual tax credit for each
  205  year the greyhound permitholder conducted live racing after July
  206  1, 2011, not to exceed 10 years, in an amount equal to the
  207  average tax credit received by the greyhound permitholder
  208  pursuant to paragraph (b) during the 3 years preceding the
  209  greyhound permitholder’s election to not conduct live racing.
  210  The tax credit provided under this paragraph shall be deducted
  211  from the pool pursuant to paragraph (b) and may be applied
  212  against any taxes or fees imposed by this chapter or any taxes
  213  or fees imposed by s. 849.086.
  214         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  215  contributions to pari-mutuel pools, the aggregate of which is
  216  hereinafter referred to as “handle,” on races or games conducted
  217  by the permitholder. The tax is imposed daily and is based on
  218  the total contributions to all pari-mutuel pools conducted
  219  during the daily performance. If a permitholder conducts more
  220  than one performance daily, the tax is imposed on each
  221  performance separately.
  222         (c)1. The tax on handle for intertrack wagering is 2.0
  223  percent of the handle if the host track is a horse track, 3.3
  224  percent if the host track is a harness track, 5.5 percent if the
  225  host track is a dog track, and 7.1 percent if the host track is
  226  a jai alai fronton. The tax on handle for intertrack wagering is
  227  0.5 percent if the host track and the guest track are
  228  thoroughbred permitholders or if the guest track is located
  229  outside the market area of the host track and within the market
  230  area of a thoroughbred permitholder currently conducting a live
  231  race meet. The tax on handle for intertrack wagering on
  232  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  233  of the handle and 1.5 percent of the handle for intertrack
  234  wagering on rebroadcasts of simulcast harness horseraces. The
  235  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  236         2. The tax on handle for intertrack wagers accepted by any
  237  dog track located in an area of the state in which there are
  238  only three permitholders, all of which are greyhound
  239  permitholders, located in three contiguous counties, from any
  240  greyhound permitholder also located within such area or any dog
  241  track or jai alai fronton located as specified in s. 550.615(6)
  242  or (8) (9), on races or games received from the same class of
  243  permitholder located within the same market area is 3.9 percent
  244  if the host facility is a greyhound permitholder and, if the
  245  host facility is a jai alai permitholder, the rate shall be 6.1
  246  percent except that it shall be 2.3 percent on handle at such
  247  time as the total tax on intertrack handle paid to the division
  248  by the permitholder during the current state fiscal year exceeds
  249  the total tax on intertrack handle paid to the division by the
  250  permitholder during the 1992-1993 state fiscal year.
  251         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  252  of section 550.09514, Florida Statutes, are amended to read:
  253         550.09514 Greyhound dogracing taxes; purse requirements.—
  254         (2)
  255         (b) Except as otherwise set forth herein, in addition to
  256  the minimum purse percentage required by paragraph (a), each
  257  permitholder conducting live racing during a fiscal year shall
  258  pay as purses an annual amount equal to 75 percent of the daily
  259  license fees paid by each permitholder for the 1994-1995 fiscal
  260  year. This purse supplement shall be disbursed weekly during the
  261  permitholder’s race meet in an amount determined by dividing the
  262  annual purse supplement by the number of performances approved
  263  for the permitholder pursuant to its annual license and
  264  multiplying that amount by the number of performances conducted
  265  each week. For the greyhound permitholders in the county where
  266  there are two greyhound permitholders located as specified in s.
  267  550.615(6), such permitholders shall pay in the aggregate an
  268  amount equal to 75 percent of the daily license fees paid by
  269  such permitholders for the 1994-1995 fiscal year. These
  270  permitholders shall be jointly and severally liable for such
  271  purse payments. The additional purses provided by this paragraph
  272  must be used exclusively for purses other than stakes. The
  273  division shall conduct audits necessary to ensure compliance
  274  with this section.
  275         (c)1. Each greyhound permitholder when conducting at least
  276  three live performances during any week shall pay purses in that
  277  week on wagers it accepts as a guest track on intertrack and
  278  simulcast greyhound races at the same rate as it pays on live
  279  races. Each greyhound permitholder when conducting at least
  280  three live performances during any week shall pay purses in that
  281  week, at the same rate as it pays on live races, on wagers
  282  accepted on greyhound races at a guest track which is not
  283  conducting live racing and is located within the same market
  284  area as the greyhound permitholder conducting at least three
  285  live performances during any week.
  286         2. Each host greyhound permitholder shall pay purses on its
  287  simulcast and intertrack broadcasts of greyhound races to guest
  288  facilities that are located outside its market area in an amount
  289  equal to one quarter of an amount determined by subtracting the
  290  transmission costs of sending the simulcast or intertrack
  291  broadcasts from an amount determined by adding the fees received
  292  for greyhound simulcast races plus 3 percent of the greyhound
  293  intertrack handle at guest facilities that are located outside
  294  the market area of the host and that paid contractual fees to
  295  the host for such broadcasts of greyhound races. For guest
  296  greyhound permitholders not conducting live racing during a
  297  fiscal year and not subject to the purse requirements in
  298  subparagraph 1., 3 percent of the greyhound intertrack handle
  299  shall be paid to the host greyhound permitholder for payment of
  300  purses at the host track.
  301         (e) In addition to the purse requirements of paragraphs
  302  (a)-(c), each greyhound permitholder shall pay as purses an
  303  amount equal to one-third of the amount of the tax reduction on
  304  live and simulcast handle applicable to such permitholder as a
  305  result of the reductions in tax rates provided by this act
  306  through the amendments to s. 550.0951(3) in chapter 2000-354,
  307  Laws of Florida. With respect to intertrack wagering when the
  308  host and guest tracks are greyhound permitholders not within the
  309  same market area, an amount equal to the tax reduction
  310  applicable to the guest track handle as a result of the
  311  reduction in tax rates rate provided by this act through the
  312  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  313  of Florida, shall be distributed to the guest track, one-third
  314  of which amount shall be paid as purses at the guest tracks
  315  conducting live racing track. However, if the guest track is a
  316  greyhound permitholder within the market area of the host or if
  317  the guest track is not a greyhound permitholder, an amount equal
  318  to such tax reduction applicable to the guest track handle shall
  319  be retained by the host track, one-third of which amount shall
  320  be paid as purses at the host track. These purse funds shall be
  321  disbursed in the week received if the permitholder conducts at
  322  least one live performance during that week. If the permitholder
  323  does not conduct at least one live performance during the week
  324  in which the purse funds are received, the purse funds shall be
  325  disbursed weekly during the permitholder’s next race meet in an
  326  amount determined by dividing the purse amount by the number of
  327  performances approved for the permitholder pursuant to its
  328  annual license, and multiplying that amount by the number of
  329  performances conducted each week. The division shall conduct
  330  audits necessary to ensure compliance with this paragraph.
  331         Section 6. Subsection (9) of section 550.105, Florida
  332  Statutes, is amended to read:
  333         550.105 Occupational licenses of racetrack employees; fees;
  334  denial, suspension, and revocation of license; penalties and
  335  fines.—
  336         (9) The tax imposed by this section is in lieu of all
  337  license, excise, or occupational taxes to the state or any
  338  county, municipality, or other political subdivision, except
  339  that, if a race meeting or game is held or conducted in a
  340  municipality, the municipality may assess and collect an
  341  additional tax against any person conducting live racing or
  342  games within its corporate limits, which tax may not exceed $150
  343  per day for horseracing or $50 per day for dogracing,
  344  simulcasts, intertrack wagering, cardroom games, or jai alai, up
  345  to the maximum of 100 days for dogracing facilities. This tax
  346  may be levied on simulcasts, intertrack wagering, and cardroom
  347  games only to the extent that the facility does not have an
  348  existing agreement with the municipality. Except as provided in
  349  this chapter, a municipality may not assess or collect any
  350  additional excise or revenue tax against any person conducting
  351  race meetings within the corporate limits of the municipality or
  352  against any patron of any such person.
  353         Section 7. Subsection (1) of section 550.26165, Florida
  354  Statutes, is amended to read:
  355         550.26165 Breeders’ awards.—
  356         (1) The purpose of this section is to encourage the
  357  agricultural activity of breeding and training racehorses in
  358  this state. Moneys dedicated in this chapter for use as
  359  breeders’ awards and stallion awards are to be used for awards
  360  to breeders of registered Florida-bred horses winning horseraces
  361  and for similar awards to the owners of stallions who sired
  362  Florida-bred horses winning stakes races, if the stallions are
  363  registered as Florida stallions standing in this state. Such
  364  awards shall be given at a uniform rate to all winners of the
  365  awards, shall not be greater than 20 percent of the announced
  366  gross purse, and shall not be less than 15 percent of the
  367  announced gross purse if funds are available. In addition, no
  368  less than 17 percent nor more than 40 percent, as determined by
  369  the Florida Thoroughbred Breeders’ Association, of the moneys
  370  dedicated in this chapter for use as breeders’ awards and
  371  stallion awards for thoroughbreds shall be returned pro rata to
  372  the permitholders that generated the moneys for special racing
  373  awards to be distributed by the permitholders to owners of
  374  thoroughbred horses participating in prescribed thoroughbred
  375  stakes races, nonstakes races, or both, all in accordance with a
  376  written agreement establishing the rate, procedure, and
  377  eligibility requirements for such awards entered into by the
  378  permitholder, the Florida Thoroughbred Breeders’ Association,
  379  and the Florida Horsemen’s Benevolent and Protective
  380  Association, Inc., except that the plan for the distribution by
  381  any permitholder located in the area described in s. 550.615(8)
  382  s. 550.615(9) shall be agreed upon by that permitholder, the
  383  Florida Thoroughbred Breeders’ Association, and the association
  384  representing a majority of the thoroughbred racehorse owners and
  385  trainers at that location. Awards for thoroughbred races are to
  386  be paid through the Florida Thoroughbred Breeders’ Association,
  387  and awards for standardbred races are to be paid through the
  388  Florida Standardbred Breeders and Owners Association. Among
  389  other sources specified in this chapter, moneys for thoroughbred
  390  breeders’ awards will come from the 0.955 percent of handle for
  391  thoroughbred races conducted, received, broadcast, or simulcast
  392  under this chapter as provided in s. 550.2625(3). The moneys for
  393  quarter horse and harness breeders’ awards will come from the
  394  breaks and uncashed tickets on live quarter horse and harness
  395  racing performances and 1 percent of handle on intertrack
  396  wagering. The funds for these breeders’ awards shall be paid to
  397  the respective breeders’ associations by the permitholders
  398  conducting the races.
  399         Section 8. Section 550.475, Florida Statutes, is amended to
  400  read:
  401         550.475 Lease of pari-mutuel facilities by pari-mutuel
  402  permitholders.—Holders of valid pari-mutuel permits for the
  403  conduct of any jai alai games, dogracing, or thoroughbred and
  404  standardbred horse racing in this state are entitled to lease
  405  any and all of their facilities to any other holder of a same
  406  class valid pari-mutuel permit for jai alai games, dogracing, or
  407  thoroughbred or standardbred horse racing, when located within a
  408  35-mile radius of each other; and such lessee is entitled to a
  409  permit and license to operate its race meet or jai alai games at
  410  the leased premises.
  411         Section 9. Section 550.615, Florida Statutes, is amended to
  412  read:
  413         550.615 Intertrack wagering.—
  414         (1) Any horserace permitholder licensed under this chapter
  415  which has conducted a full schedule of live racing may, at any
  416  time, receive broadcasts of horseraces and accept wagers on
  417  horseraces conducted by horserace permitholders licensed under
  418  this chapter at its facility.
  419         (2) A Any track or fronton licensed under this chapter
  420  which conducted a full schedule of live racing or games which in
  421  the preceding year, any greyhound permitholder that has held an
  422  annual license to conduct pari-mutuel wagering activities in
  423  each of the preceding 10 years, or any greyhound permitholder
  424  converted pursuant to s. 550.054(14) conducted a full schedule
  425  of live racing is qualified to, at any time, receive broadcasts
  426  of any class of pari-mutuel race or game and accept wagers on
  427  such races or games conducted by any class of permitholders
  428  licensed under this chapter.
  429         (3) If a permitholder elects to broadcast its signal to any
  430  permitholder in this state, any permitholder that is eligible to
  431  conduct intertrack wagering under the provisions of ss. 550.615
  432  550.6345 is entitled to receive the broadcast and conduct
  433  intertrack wagering under this section; provided, however, that
  434  the host track may require a guest track within 25 miles of
  435  another permitholder to receive in any week at least 60 percent
  436  of the live races that the host track is making available on the
  437  days that the guest track is otherwise operating live races or
  438  games. A host track may require a guest track not operating live
  439  races or games and within 25 miles of another permitholder to
  440  accept within any week at least 60 percent of the live races
  441  that the host track is making available. A person may not
  442  restrain or attempt to restrain any permitholder that is
  443  otherwise authorized to conduct intertrack wagering from
  444  receiving the signal of any other permitholder or sending its
  445  signal to any permitholder.
  446         (4) In no event shall any intertrack wager be accepted on
  447  the same class of live races or games of any permitholder
  448  without the written consent of such operating permitholders
  449  conducting the same class of live races or games if the guest
  450  track is within the market area of such operating permitholder.
  451  A greyhound permitholder licensed under chapter 551 which
  452  accepts intertrack wagers on live greyhound signals is not
  453  required to obtain the written consent required pursuant to this
  454  subsection from any operating greyhound permitholder within its
  455  market area.
  456         (5) No permitholder within the market area of the host
  457  track shall take an intertrack wager on the host track without
  458  the consent of the host track.
  459         (6) Notwithstanding the provisions of subsection (3), in
  460  any area of the state where there are three or more horserace
  461  permitholders within 25 miles of each other, intertrack wagering
  462  between permitholders in said area of the state shall only be
  463  authorized under the following conditions: Any permitholder,
  464  other than a thoroughbred permitholder, may accept intertrack
  465  wagers on races or games conducted live by a permitholder of the
  466  same class or any harness permitholder located within such area
  467  and any harness permitholder may accept wagers on games
  468  conducted live by any jai alai permitholder located within its
  469  market area and from a jai alai permitholder located within the
  470  area specified in this subsection when no jai alai permitholder
  471  located within its market area is conducting live jai alai
  472  performances; any greyhound or jai alai permitholder may receive
  473  broadcasts of and accept wagers on any permitholder of the other
  474  class provided that a permitholder, other than the host track,
  475  of such other class is not operating a contemporaneous live
  476  performance within the market area.
  477         (7) In any county of the state where there are only two
  478  permits, one for dogracing and one for jai alai, no intertrack
  479  wager may be taken during the period of time when a permitholder
  480  is not licensed to conduct live races or games without the
  481  written consent of the other permitholder that is conducting
  482  live races or games. However, if neither permitholder is
  483  conducting live races or games, either permitholder may accept
  484  intertrack wagers on horseraces or on the same class of races or
  485  games, or on both horseraces and the same class of races or
  486  games as is authorized by its permit.
  487         (7)(8)In any three contiguous counties of the state where
  488  there are only three permitholders, all of which are greyhound
  489  permitholders, If any greyhound permitholder leases the facility
  490  of another greyhound permitholder for the purpose of conducting
  491  all or any portion of the conduct of its live race meet pursuant
  492  to s. 550.475, such lessee may conduct intertrack wagering at
  493  its pre-lease permitted facility throughout the entire year,
  494  including while its race live meet is being conducted at the
  495  leased facility, if such permitholder has conducted a full
  496  schedule of live racing during the preceding fiscal year at its
  497  pre-lease permitted facility or at a leased facility, or
  498  combination thereof.
  499         (8)(9) In any two contiguous counties of the state in which
  500  there are located only four active permits, one for thoroughbred
  501  horse racing, two for greyhound dogracing, and one for jai alai
  502  games, no intertrack wager may be accepted on the same class of
  503  live races or games of any permitholder without the written
  504  consent of such operating permitholders conducting the same
  505  class of live races or games if the guest track is within the
  506  market area of such operating permitholder.
  507         (9)(10) All costs of receiving the transmission of the
  508  broadcasts shall be borne by the guest track; and all costs of
  509  sending the broadcasts shall be borne by the host track.
  510         Section 10. Paragraph (g) of subsection (9) of section
  511  550.6305, Florida Statutes, is amended to read:
  512         550.6305 Intertrack wagering; guest track payments;
  513  accounting rules.—
  514         (9) A host track that has contracted with an out-of-state
  515  horse track to broadcast live races conducted at such out-of
  516  state horse track pursuant to s. 550.3551(5) may broadcast such
  517  out-of-state races to any guest track and accept wagers thereon
  518  in the same manner as is provided in s. 550.3551.
  519         (g)1. Any thoroughbred permitholder which accepts wagers on
  520  a simulcast signal must make the signal available to any
  521  permitholder that is eligible to conduct intertrack wagering
  522  under the provisions of ss. 550.615-550.6345.
  523         2. Any thoroughbred permitholder which accepts wagers on a
  524  simulcast signal received after 6 p.m. must make such signal
  525  available to any permitholder that is eligible to conduct
  526  intertrack wagering under the provisions of ss. 550.615
  527  550.6345, including any permitholder located as specified in s.
  528  550.615(6). Such guest permitholders are authorized to accept
  529  wagers on such simulcast signal, notwithstanding any other
  530  provision of this chapter to the contrary.
  531         3. Any thoroughbred permitholder which accepts wagers on a
  532  simulcast signal received after 6 p.m. must make such signal
  533  available to any permitholder that is eligible to conduct
  534  intertrack wagering under the provisions of ss. 550.615
  535  550.6345, including any permitholder located as specified in s.
  536  550.615(8) s. 550.615(9). Such guest permitholders are
  537  authorized to accept wagers on such simulcast signals for a
  538  number of performances not to exceed that which constitutes a
  539  full schedule of live races for a quarter horse permitholder
  540  pursuant to s. 550.002(11), notwithstanding any other provision
  541  of this chapter to the contrary, except that the restrictions
  542  provided in s. 550.615(8)(a) s. 550.615(9)(a) apply to wagers on
  543  such simulcast signals.
  544  
  545  No thoroughbred permitholder shall be required to continue to
  546  rebroadcast a simulcast signal to any in-state permitholder if
  547  the average per performance gross receipts returned to the host
  548  permitholder over the preceding 30-day period were less than
  549  $100. Subject to the provisions of s. 550.615(4), as a condition
  550  of receiving rebroadcasts of thoroughbred simulcast signals
  551  under this paragraph, a guest permitholder must accept
  552  intertrack wagers on all live races conducted by all then
  553  operating thoroughbred permitholders.
  554         Section 11. Paragraph (c) of subsection (4) of section
  555  551.104, Florida Statutes, is amended to read:
  556         551.104 License to conduct slot machine gaming.—
  557         (4) As a condition of licensure and to maintain continued
  558  authority for the conduct of slot machine gaming, the slot
  559  machine licensee shall:
  560         (c) Conduct no fewer than a full schedule of live racing or
  561  games as defined in s. 550.002(11), except for holders of
  562  greyhound permits that do not have a live racing requirement. A
  563  permitholder’s responsibility to conduct such number of live
  564  races or games shall be reduced by the number of races or games
  565  that could not be conducted due to the direct result of fire,
  566  war, hurricane, or other disaster or event beyond the control of
  567  the permitholder.
  568         Section 12. Subsections (2) and (4) of section 551.114,
  569  Florida Statutes, are amended to read:
  570         551.114 Slot machine gaming areas.—
  571         (2) The slot machine licensee shall display pari-mutuel
  572  races or games within the designated slot machine gaming areas
  573  and offer patrons within the designated slot machine gaming
  574  areas the ability to engage in pari-mutuel wagering on any live,
  575  intertrack, and simulcast races conducted or offered to patrons
  576  of the licensed facility.
  577         (4) Designated slot machine gaming areas may be located
  578  within the current live gaming facility or in an existing
  579  building that must be contiguous and connected to the live
  580  gaming facility, if applicable. If a designated slot machine
  581  gaming area is to be located in a building that is to be
  582  constructed, that new building must be contiguous and connected
  583  to the live gaming facility.
  584         Section 13. Paragraphs (a) and (b) of subsection (5) and
  585  paragraph (d) of subsection (13) of section 849.086, Florida
  586  Statutes, are amended to read:
  587         849.086 Cardrooms authorized.—
  588         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  589  operate a cardroom in this state unless such person holds a
  590  valid cardroom license issued pursuant to this section.
  591         (a) Only those persons holding a valid cardroom license
  592  issued by the division may operate a cardroom. A cardroom
  593  license may only be issued to a licensed pari-mutuel
  594  permitholder and an authorized cardroom may only be operated at
  595  the same facility at which the permitholder is authorized under
  596  its valid pari-mutuel wagering permit to conduct pari-mutuel
  597  wagering activities. An initial cardroom license shall be issued
  598  to a pari-mutuel permitholder only after its facilities are in
  599  place and after it conducts its first day of live racing or
  600  games or, for a greyhound permitholder, only after it has
  601  conducted a full schedule of live racing in each of the
  602  preceding 10 years or after it was converted pursuant to s.
  603  550.054(14). A new cardroom license may not be issued in an area
  604  unless the local government has approved of such activitiy
  605  within its boundaries in accordance with subsection (16).
  606         (b) After the initial cardroom license is granted, the
  607  application for the annual license renewal shall be made in
  608  conjunction with the applicant’s annual application for its
  609  pari-mutuel license. If a permitholder has operated a cardroom
  610  during any of the 3 previous fiscal years and fails to include a
  611  renewal request for the operation of the cardroom in its annual
  612  application for license renewal, the permitholder may amend its
  613  annual application to include operation of the cardroom. Except
  614  for greyhound permitholders, in order for a cardroom license to
  615  be renewed the applicant must have requested, as part of its
  616  pari-mutuel annual license application, to conduct at least 90
  617  percent of the total number of live performances conducted by
  618  such permitholder during either the state fiscal year in which
  619  its initial cardroom license was issued or the state fiscal year
  620  immediately prior thereto if the permitholder ran at least a
  621  full schedule of live racing or games in the prior year. If the
  622  application is for a harness permitholder cardroom, the
  623  applicant must have requested authorization to conduct a minimum
  624  of 140 live performances during the state fiscal year
  625  immediately prior thereto. If more than one permitholder is
  626  operating at a facility, each permitholder must have applied for
  627  a license to conduct a full schedule of live racing. However, a
  628  minimum number of requested or conducted live performances is
  629  not required for a greyhound permitholder to maintain or renew a
  630  cardroom license.
  631         (13) TAXES AND OTHER PAYMENTS.—
  632         (d)1. Each greyhound and jai alai permitholder that
  633  operates a cardroom facility shall use at least 4 percent of
  634  such permitholder’s cardroom monthly gross receipts to
  635  supplement greyhound purses if live racing is conducted during a
  636  fiscal year, or jai alai prize money, respectively, during the
  637  permitholder’s current or next ensuing pari-mutuel meet.
  638         2. Each thoroughbred and harness horse racing permitholder
  639  that operates a cardroom facility shall use at least 50 percent
  640  of such permitholder’s cardroom monthly net proceeds as follows:
  641  47 percent to supplement purses and 3 percent to supplement
  642  breeders’ awards during the permitholder’s next ensuing racing
  643  meet.
  644         3. No cardroom license or renewal thereof shall be issued
  645  to an applicant holding a permit under chapter 550 to conduct
  646  pari-mutuel wagering meets of quarter horse racing unless the
  647  applicant has on file with the division a binding written
  648  agreement between the applicant and the Florida Quarter Horse
  649  Racing Association or the association representing a majority of
  650  the horse owners and trainers at the applicant’s eligible
  651  facility, governing the payment of purses on live quarter horse
  652  races conducted at the licensee’s pari-mutuel facility. The
  653  agreement governing purses may direct the payment of such purses
  654  from revenues generated by any wagering or gaming the applicant
  655  is authorized to conduct under Florida law. All purses shall be
  656  subject to the terms of chapter 550.
  657         Section 14. This act does not authorize gambling activity
  658  beyond what is provided for under current law as of March 1,
  659  2011.
  660         Section 15. This act shall take effect upon becoming a law.
  661  
  662  ================= T I T L E  A M E N D M E N T ================
  663         And the title is amended as follows:
  664         Delete everything before the enacting clause
  665  and insert:
  666                        A bill to be entitled                      
  667         An act relating to greyhound racing; amending s.
  668         550.002, F.S.; revising the definition of the term
  669         “full schedule of live racing or games”; prohibiting a
  670         minimum requirement of live performances for greyhound
  671         permitholders; amending s. 550.01215, F.S.; revising
  672         the requirements for an application for a license to
  673         conduct performances; extending the period of time
  674         allowed to amend certain applications; amending s.
  675         550.054, F.S.; removing a requirement for holders of
  676         certain converted permits to conduct a full schedule
  677         of live racing to qualify for certain tax credits;
  678         amending s. 550.0951, F.S.; revising provisions
  679         relating to a transfer by a permitholder of a tax
  680         exemption or license fee credit to a greyhound
  681         permitholder; revising provisions relating to the tax
  682         on handle for dogracing and intertrack wagering;
  683         conforming a cross-reference; amending s. 550.09514,
  684         F.S.; revising provisions relating to the purse
  685         requirements for greyhound racing and for the payment
  686         of purses; amending s. 550.105, F.S.; revising
  687         provisions relating to municipal taxes for dogracing
  688         facilities; amending s. 550.26165, F.S.; conforming a
  689         cross-reference to changes made by the act; amending
  690         s. 550.475, F.S.; revising provisions relating to the
  691         leasing of pari-mutuel facilities by pari-mutuel
  692         permitholders; amending s. 550.615, F.S.; revising
  693         provisions relating to intertrack wagering; amending
  694         s. 550.6305, F.S.; conforming cross-references;
  695         amending s. 551.104, F.S.; revising a condition of
  696         licensure for the conduct of slot machine gaming;
  697         amending s. 551.114, F.S.; revising the requirements
  698         for designated slot machine gaming areas; amending s.
  699         849.086, F.S.; revising the requirements for initial
  700         and renewal issuance of a cardroom license to a
  701         greyhound permitholder; providing that a corresponding
  702         pari-mutuel license application or a minimum number of
  703         live performances is not required for a greyhound
  704         permitholder to maintain or renew a cardroom license;
  705         providing that the act does not authorize certain
  706         gambling activity; providing an effective date.