CS/HB 1145

A bill to be entitled
2An act relating to greyhound racing; amending s. 550.002,
3F.S., which defines the term "full schedule of live racing
4or games"; providing that a greyhound permitholder shall
5not be required to conduct a minimum number of live
6performances; amending s. 550.01215, F.S.; revising
7requirements for an application for a license to conduct
8performances; extending the period of time allowed to
9amend certain applications; amending s. 550.054, F.S.;
10removing a requirement for holders of certain converted
11permits to conduct a full schedule of live racing to
12qualify for certain tax credits; amending s. 550.0951,
13F.S.; revising provisions for transfer by a permitholder
14of a tax exemption or license fee credit to a greyhound
15permitholder; revising the tax on handle for dogracing and
16intertrack wagering; amending s. 550.09514, F.S.; revising
17purse requirements for greyhound racing and provisions for
18payment of purses; amending s. 550.615, F.S.; revising
19provisions for intertrack wagering; amending ss. 550.26165
20and 550.6305, F.S.; conforming cross-references to changes
21made by the act; amending s. 551.104, F.S.; revising a
22condition of licensure for the conduct of slot machine
23gaming; amending s. 551.114, F.S.; revising requirements
24for designated slot machine gaming areas; amending s.
25849.086, F.S.; revising requirements for initial and
26renewal issuance of a cardroom license to a greyhound
27permitholder; providing that neither a corresponding pari-
28mutuel license application nor a minimum number of live
29performances is required for a greyhound permitholder to
30maintain or renew a cardroom license; providing an
31effective date.
33Be It Enacted by the Legislature of the State of Florida:
35     Section 1.  Subsection (11) of section 550.002, Florida
36Statutes, is amended to read:
37     550.002  Definitions.-As used in this chapter, the term:
38     (11)  "Full schedule of live racing or games" means, for a
39greyhound or jai alai permitholder, the conduct of a combination
40of at least 100 live evening or matinee performances during the
41preceding year; for a permitholder who has a converted permit or
42filed an application on or before June 1, 1990, for a converted
43permit, the conduct of a combination of at least 100 live
44evening and matinee wagering performances during either of the 2
45preceding years; for a jai alai permitholder who does not
46operate slot machines in its pari-mutuel facility, who has
47conducted at least 100 live performances per year for at least
4810 years after December 31, 1992, and whose handle on live jai
49alai games conducted at its pari-mutuel facility has been less
50than $4 million per state fiscal year for at least 2 consecutive
51years after June 30, 1992, the conduct of a combination of at
52least 40 live evening or matinee performances during the
53preceding year; for a jai alai permitholder who operates slot
54machines in its pari-mutuel facility, the conduct of a
55combination of at least 150 performances during the preceding
56year; for a harness permitholder, the conduct of at least 100
57live regular wagering performances during the preceding year;
58for a quarter horse permitholder at its facility unless an
59alternative schedule of at least 20 live regular wagering
60performances is agreed upon by the permitholder and either the
61Florida Quarter Horse Racing Association or the horsemen's
62association representing the majority of the quarter horse
63owners and trainers at the facility and filed with the division
64along with its annual date application, in the 2010-2011 fiscal
65year, the conduct of at least 20 regular wagering performances,
66in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
67least 30 live regular wagering performances, and for every
68fiscal year after the 2012-2013 fiscal year, the conduct of at
69least 40 live regular wagering performances; for a quarter horse
70permitholder leasing another licensed racetrack, the conduct of
71160 events at the leased facility; and for a thoroughbred
72permitholder, the conduct of at least 40 live regular wagering
73performances during the preceding year. For a permitholder which
74is restricted by statute to certain operating periods within the
75year when other members of its same class of permit are
76authorized to operate throughout the year, the specified number
77of live performances which constitute a full schedule of live
78racing or games shall be adjusted pro rata in accordance with
79the relationship between its authorized operating period and the
80full calendar year and the resulting specified number of live
81performances shall constitute the full schedule of live games
82for such permitholder and all other permitholders of the same
83class within 100 air miles of such permitholder. A live
84performance must consist of no fewer than eight races or games
85conducted live for each of a minimum of three performances each
86week at the permitholder's licensed facility under a single
87admission charge. Notwithstanding any other provision of law,
88beginning with the 2011-2012 fiscal year, there shall be no
89minimum requirement of live performances for greyhound
91     Section 2.  Subsection (1) of section 550.01215, Florida
92Statutes, is amended to read:
93     550.01215  License application; periods of operation; bond,
94conversion of permit.-
95     (1)  Each permitholder shall annually, during the period
96between December 15 and January 4, file in writing with the
97division its application for a license to conduct pari-mutuel
98wagering activities performances during the next state fiscal
99year. Each application requesting live performances, if any,
100shall specify the number, dates, and starting times of all
101performances which the permitholder intends to conduct. It shall
102also specify which performances will be conducted as charity or
103scholarship performances. In addition, each application for a
104license shall include, for each permitholder which elects to
105operate a cardroom, the dates and periods of operation the
106permitholder intends to operate the cardroom or, for each
107thoroughbred permitholder which elects to receive or rebroadcast
108out-of-state races after 7 p.m., the dates for all performances
109which the permitholder intends to conduct. Permitholders may
110shall be entitled to amend their applications through February
11128 or, for applications relating to the 2011-2012 fiscal year,
112through August 31, 2011.
113     Section 3.  Paragraph (b) of subsection (14) of section
114550.054, Florida Statutes, is amended to read:
115     550.054  Application for permit to conduct pari-mutuel
117     (14)
118     (b)  The division, upon application from the holder of a
119jai alai permit meeting all conditions of this section, shall
120convert the permit and shall issue to the permitholder a permit
121to conduct greyhound racing. A permitholder of a permit
122converted under this section shall be required to apply for and
123conduct a full schedule of live racing each fiscal year to be
124eligible for any tax credit provided by this chapter. The holder
125of a permit converted pursuant to this subsection or any holder
126of a permit to conduct greyhound racing located in a county in
127which it is the only permit issued pursuant to this section who
128operates at a leased facility pursuant to s. 550.475 may move
129the location for which the permit has been issued to another
130location within a 30-mile radius of the location fixed in the
131permit issued in that county, provided the move does not cross
132the county boundary and such location is approved under the
133zoning regulations of the county or municipality in which the
134permit is located, and upon such relocation may use the permit
135for the conduct of pari-mutuel wagering and the operation of a
136cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
137apply to any permit converted under this subsection and shall
138continue to apply to any permit which was previously included
139under and subject to such provisions before a conversion
140pursuant to this section occurred.
141     Section 4.  Paragraph (b) of subsection (1) and paragraphs
142(b) and (c) of subsection (3) of section 550.0951, Florida
143Statutes, are amended to read:
144     550.0951  Payment of daily license fee and taxes;
146     (1)
147     (b)  Each permitholder that cannot utilize the full amount
148of the exemption of $360,000 or $500,000 provided in s.
149550.09514(1) or the daily license fee credit provided in this
150section may, at any time after notifying the division in
151writing, elect once per state fiscal year on a form provided by
152the division, to transfer such exemption or credit or any
153portion thereof to any greyhound permitholder which acts as a
154host track to such permitholder for the purpose of intertrack
155wagering. Once an election to transfer such exemption or credit
156is filed with the division, it shall not be rescinded. The
157division shall disapprove the transfer when the amount of the
158exemption or credit or portion thereof is unavailable to the
159transferring permitholder for any reason, including being
160unavailable because the transferring permitholder did not
161conduct at least 100 live performances of at least eight races
162during the fiscal year, or when the permitholder who is entitled
163to transfer the exemption or credit or who is entitled to
164receive the exemption or credit owes taxes to the state pursuant
165to a deficiency letter or administrative complaint issued by the
166division. Upon approval of the transfer by the division, the
167transferred tax exemption or credit shall be effective for the
168first performance of the next payment period as specified in
169subsection (5). The exemption or credit transferred to such host
170track may be applied by such host track against any taxes
171imposed by this chapter or daily license fees imposed by this
172chapter. The greyhound permitholder host track to which such
173exemption or credit is transferred shall reimburse such
174permitholder the exact monetary value of such transferred
175exemption or credit as actually applied against the taxes and
176daily license fees of the host track. The division shall ensure
177that all transfers of exemption or credit are made in accordance
178with this subsection and shall have the authority to adopt rules
179to ensure the implementation of this section.
180     (3)  TAX ON HANDLE.-Each permitholder shall pay a tax on
181contributions to pari-mutuel pools, the aggregate of which is
182hereinafter referred to as "handle," on races or games conducted
183by the permitholder. The tax is imposed daily and is based on
184the total contributions to all pari-mutuel pools conducted
185during the daily performance. If a permitholder conducts more
186than one performance daily, the tax is imposed on each
187performance separately.
188     (b)1.  The tax on handle for dogracing is 3.45 5.5 percent
189of the handle, except that for live charity performances held
190pursuant to s. 550.0351, and for intertrack wagering on such
191charity performances at a guest greyhound track within the
192market area of the host, the tax is 7.6 percent of the handle.
193     2.  The tax on handle for jai alai is 7.1 percent of the
195     (c)1.  The tax on handle for intertrack wagering is 2.0
196percent of the handle if the host track is a horse track, 3.3
197percent if the host track is a harness track, 3.45 5.5 percent
198if the host track is a dog track, and 7.1 percent if the host
199track is a jai alai fronton. The tax on handle for intertrack
200wagering is 0.5 percent if the host track and the guest track
201are thoroughbred permitholders or at facilities other than dog
202tracks if the guest track is located outside the market area of
203the host track and within the market area of a thoroughbred
204permitholder currently conducting a live race meet. The tax on
205handle for intertrack wagering is 1.5 percent if the host track
206and the guest track are greyhound permitholders and the guest
207track is located outside the market area of the host track and
208within the market area of a thoroughbred permitholder currently
209conducting a live race meet. The tax on handle for intertrack
210wagering on rebroadcasts of simulcast thoroughbred horseraces is
2112.4 percent of the handle and 1.5 percent of the handle for
212intertrack wagering on rebroadcasts of simulcast harness
213horseraces. The tax shall be deposited into the Pari-mutuel
214Wagering Trust Fund.
215     2.  The tax on handle for intertrack wagers is accepted by
216any dog track located in an area of the state in which there are
217only three permitholders, all of which are greyhound
218permitholders, located in three contiguous counties, from any
219greyhound permitholder also located within such area or any dog
220track or jai alai fronton located as specified in s. 550.615(6)
221or (9), on races or games received from the same class of
222permitholder located within the same market area is 3.9 percent
223if the host facility is a greyhound permitholder and, if the
224host facility is a jai alai permitholder, the rate shall be 6.1
225percent if the host facility is a jai alai permitholder, except
226that it shall be 2.3 percent on handle at such time as the total
227tax on intertrack handle paid to the division by the
228permitholder during the current state fiscal year exceeds the
229total tax on intertrack handle paid to the division by the
230permitholder during the 1992-1993 state fiscal year.
231     Section 5.  Paragraphs (b), (c), and (e) of subsection (2)
232of section 550.09514, Florida Statutes, are amended to read:
233     550.09514  Greyhound dogracing taxes; purse requirements.-
234     (2)
235     (b)  Except as otherwise set forth herein, in addition to
236the minimum purse percentage required by paragraph (a), each
237permitholder conducting live racing during a fiscal year shall
238pay as purses an annual amount equal to 75 percent of the daily
239license fees paid by each permitholder for the 1994-1995 fiscal
240year. This purse supplement shall be disbursed weekly during the
241permitholder's race meet in an amount determined by dividing the
242annual purse supplement by the number of performances approved
243for the permitholder pursuant to its annual license and
244multiplying that amount by the number of performances conducted
245each week. For the greyhound permitholders in the county where
246there are two greyhound permitholders located as specified in s.
247550.615(6), such permitholders shall pay in the aggregate an
248amount equal to 75 percent of the daily license fees paid by
249such permitholders for the 1994-1995 fiscal year. These
250permitholders shall be jointly and severally liable for such
251purse payments. The additional purses provided by this paragraph
252must be used exclusively for purses other than stakes. The
253division shall conduct audits necessary to ensure compliance
254with this section.
255     (c)1.  Each greyhound permitholder when conducting at least
256three live performances during any week shall pay purses in that
257week on wagers it accepts as a guest track on intertrack and
258simulcast greyhound races at the same rate as it pays on live
259races. Each greyhound permitholder when conducting at least
260three live performances during any week shall pay purses in that
261week, at the same rate as it pays on live races, on wagers
262accepted on greyhound races at a guest track which is not
263conducting live racing and is located within the same market
264area as the greyhound permitholder conducting at least three
265live performances during any week.
266     2.  Each host greyhound permitholder shall pay purses on
267its simulcast and intertrack broadcasts of greyhound races to
268guest facilities that are located outside its market area in an
269amount equal to one quarter of an amount determined by
270subtracting the transmission costs of sending the simulcast or
271intertrack broadcasts from an amount determined by adding the
272fees received for greyhound simulcast races plus 3 percent of
273the greyhound intertrack handle at guest facilities that are
274located outside the market area of the host and that paid
275contractual fees to the host for such broadcasts of greyhound
276races. For guest greyhound permitholders not conducting live
277racing during a fiscal year and not subject to the purse
278requirements of subparagraph 1., 3 percent of the greyhound
279intertrack handle shall be paid to the host greyhound
280permitholder for payment of purses at the host track.
281     (e)  In addition to the purse requirements of paragraphs
282(a)-(c), each greyhound permitholder shall pay as purses an
283amount equal to one-third of the amount of the tax reduction on
284live and simulcast handle applicable to such permitholder as a
285result of the reductions in tax rates provided by this act
286through the amendments to s. 550.0951(3). With respect to
287intertrack wagering when the host and guest tracks are greyhound
288permitholders not within the same market area, an amount equal
289to the tax reduction applicable to the guest track handle as a
290result of any reductions the reduction in tax rates rate
291provided by this act through the amendment to s. 550.0951(3),
292other than revisions to s. 550.0951(3)(c)1. and 2. made after
293December 31, 2010, shall be distributed to the guest track, one-
294third of which amount shall be paid as purses at the guest
295track. However, if the guest track is a greyhound permitholder
296within the market area of the host or if the guest track is not
297a greyhound permitholder, an amount equal to such tax reduction
298applicable to the guest track handle shall be retained by the
299host track, one-third of which amount shall be paid as purses at
300the host track. These purse funds shall be disbursed in the week
301received if the permitholder conducts at least one live
302performance during that week. If the permitholder does not
303conduct at least one live performance during the week in which
304the purse funds are received, the purse funds shall be disbursed
305weekly during the permitholder's next race meet in an amount
306determined by dividing the purse amount by the number of
307performances approved for the permitholder pursuant to its
308annual license, and multiplying that amount by the number of
309performances conducted each week. The division shall conduct
310audits necessary to ensure compliance with this paragraph.
311     Section 6.  Subsection (1) of section 550.26165, Florida
312Statutes, is amended to read:
313     550.26165  Breeders' awards.-
314     (1)  The purpose of this section is to encourage the
315agricultural activity of breeding and training racehorses in
316this state. Moneys dedicated in this chapter for use as
317breeders' awards and stallion awards are to be used for awards
318to breeders of registered Florida-bred horses winning horseraces
319and for similar awards to the owners of stallions who sired
320Florida-bred horses winning stakes races, if the stallions are
321registered as Florida stallions standing in this state. Such
322awards shall be given at a uniform rate to all winners of the
323awards, shall not be greater than 20 percent of the announced
324gross purse, and shall not be less than 15 percent of the
325announced gross purse if funds are available. In addition, no
326less than 17 percent nor more than 40 percent, as determined by
327the Florida Thoroughbred Breeders' Association, of the moneys
328dedicated in this chapter for use as breeders' awards and
329stallion awards for thoroughbreds shall be returned pro rata to
330the permitholders that generated the moneys for special racing
331awards to be distributed by the permitholders to owners of
332thoroughbred horses participating in prescribed thoroughbred
333stakes races, nonstakes races, or both, all in accordance with a
334written agreement establishing the rate, procedure, and
335eligibility requirements for such awards entered into by the
336permitholder, the Florida Thoroughbred Breeders' Association,
337and the Florida Horsemen's Benevolent and Protective
338Association, Inc., except that the plan for the distribution by
339any permitholder located in the area described in s.
340550.615(8)(9) shall be agreed upon by that permitholder, the
341Florida Thoroughbred Breeders' Association, and the association
342representing a majority of the thoroughbred racehorse owners and
343trainers at that location. Awards for thoroughbred races are to
344be paid through the Florida Thoroughbred Breeders' Association,
345and awards for standardbred races are to be paid through the
346Florida Standardbred Breeders and Owners Association. Among
347other sources specified in this chapter, moneys for thoroughbred
348breeders' awards will come from the 0.955 percent of handle for
349thoroughbred races conducted, received, broadcast, or simulcast
350under this chapter as provided in s. 550.2625(3). The moneys for
351quarter horse and harness breeders' awards will come from the
352breaks and uncashed tickets on live quarter horse and harness
353racing performances and 1 percent of handle on intertrack
354wagering. The funds for these breeders' awards shall be paid to
355the respective breeders' associations by the permitholders
356conducting the races.
357     Section 7.  Section 550.615, Florida Statutes, is amended
358to read:
359     550.615  Intertrack wagering.-
360     (1)  Any horserace permitholder licensed under this chapter
361which has conducted a full schedule of live racing may, at any
362time, receive broadcasts of horseraces and accept wagers on
363horseraces conducted by horserace permitholders licensed under
364this chapter at its facility.
365     (2)  A Any track or fronton licensed under this chapter
366that conducted a full schedule of live racing or games which in
367the preceding year, any greyhound permitholder that has held an
368annual license to conduct pari-mutuel wagering activities in
369each of the preceding 10 years, or any greyhound permitholder
370converted pursuant to s. 550.054(14) conducted a full schedule
371of live racing is qualified to, at any time, receive broadcasts
372of any class of pari-mutuel race or game and accept wagers on
373such races or games conducted by any class of permitholders
374licensed under this chapter.
375     (3)  If a permitholder elects to broadcast its signal to
376any permitholder in this state, any permitholder that is
377eligible to conduct intertrack wagering under the provisions of
378ss. 550.615-550.6345 is entitled to receive the broadcast and
379conduct intertrack wagering under this section; provided,
380however, that the host track may require a guest track within 25
381miles of another permitholder to receive in any week at least 60
382percent of the live races that the host track is making
383available on the days that the guest track is otherwise
384operating live races or games. A host track may require a guest
385track not operating live races or games and within 25 miles of
386another permitholder to accept within any week at least 60
387percent of the live races that the host track is making
388available. A person may not restrain or attempt to restrain any
389permitholder that is otherwise authorized to conduct intertrack
390wagering from receiving the signal of any other permitholder or
391sending its signal to any permitholder.
392     (4)  In no event shall any intertrack wager be accepted on
393the same class of live races or games of any permitholder
394without the written consent of such operating permitholders
395conducting the same class of live races or games if the guest
396track is within the market area of such operating permitholder.
397A greyhound permitholder that accepts intertrack wagers on live
398greyhound signals is not required to obtain the written consent
399required by this subsection from any operating greyhound
400permitholder within its market area.
401     (5)  No permitholder within the market area of the host
402track shall take an intertrack wager on the host track without
403the consent of the host track.
404     (6)  Notwithstanding the provisions of subsection (3), in
405any area of the state where there are three or more horserace
406permitholders within 25 miles of each other, intertrack wagering
407between permitholders in said area of the state shall only be
408authorized under the following conditions: Any permitholder,
409other than a thoroughbred permitholder, may accept intertrack
410wagers on races or games conducted live by a permitholder of the
411same class or any harness permitholder located within such area
412and any harness permitholder may accept wagers on games
413conducted live by any jai alai permitholder located within its
414market area and from a jai alai permitholder located within the
415area specified in this subsection when no jai alai permitholder
416located within its market area is conducting live jai alai
417performances; any greyhound or jai alai permitholder may receive
418broadcasts of and accept wagers on any permitholder of the other
419class provided that a permitholder, other than the host track,
420of such other class is not operating a contemporaneous live
421performance within the market area.
422     (7)  In any county of the state where there are only two
423permits, one for dogracing and one for jai alai, no intertrack
424wager may be taken during the period of time when a permitholder
425is not licensed to conduct live races or games without the
426written consent of the other permitholder that is conducting
427live races or games. However, if neither permitholder is
428conducting live races or games, either permitholder may accept
429intertrack wagers on horseraces or on the same class of races or
430games, or on both horseraces and the same class of races or
431games as is authorized by its permit.
432     (7)(8)  In any three contiguous counties of the state where
433there are only three permitholders, all of which are greyhound
434permitholders, If any greyhound permitholder leases the facility
435of another greyhound permitholder for the purpose of conducting
436all or any portion of the conduct of its live race meet pursuant
437to s. 550.475, such lessee may conduct intertrack wagering at
438its pre-lease permitted facility throughout the entire year,
439including while its race live meet is being conducted at the
440leased facility, if such permitholder has conducted a full
441schedule of live racing during the preceding fiscal year at its
442pre-lease permitted facility or at a leased facility, or
443combination thereof.
444     (8)(9)  In any two contiguous counties of the state in
445which there are located only four active permits, one for
446thoroughbred horse racing, two for greyhound dogracing, and one
447for jai alai games, no intertrack wager may be accepted on the
448same class of live races or games of any permitholder without
449the written consent of such operating permitholders conducting
450the same class of live races or games if the guest track is
451within the market area of such operating permitholder.
452     (9)(10)  All costs of receiving the transmission of the
453broadcasts shall be borne by the guest track; and all costs of
454sending the broadcasts shall be borne by the host track.
455     Section 8.  Paragraph (g) of subsection (9) of section
456550.6305, Florida Statutes, is amended to read:
457     550.6305  Intertrack wagering; guest track payments;
458accounting rules.-
459     (9)  A host track that has contracted with an out-of-state
460horse track to broadcast live races conducted at such out-of-
461state horse track pursuant to s. 550.3551(5) may broadcast such
462out-of-state races to any guest track and accept wagers thereon
463in the same manner as is provided in s. 550.3551.
464     (g)1.  Any thoroughbred permitholder which accepts wagers
465on a simulcast signal must make the signal available to any
466permitholder that is eligible to conduct intertrack wagering
467under the provisions of ss. 550.615-550.6345.
468     2.  Any thoroughbred permitholder which accepts wagers on a
469simulcast signal received after 6 p.m. must make such signal
470available to any permitholder that is eligible to conduct
471intertrack wagering under the provisions of ss. 550.615-
472550.6345, including any permitholder located as specified in s.
473550.615(6). Such guest permitholders are authorized to accept
474wagers on such simulcast signal, notwithstanding any other
475provision of this chapter to the contrary.
476     3.  Any thoroughbred permitholder which accepts wagers on a
477simulcast signal received after 6 p.m. must make such signal
478available to any permitholder that is eligible to conduct
479intertrack wagering under the provisions of ss. 550.615-
480550.6345, including any permitholder located as specified in s.
481550.615(8)(9). Such guest permitholders are authorized to accept
482wagers on such simulcast signals for a number of performances
483not to exceed that which constitutes a full schedule of live
484races for a quarter horse permitholder pursuant to s.
485550.002(11), notwithstanding any other provision of this chapter
486to the contrary, except that the restrictions provided in s.
487550.615(8)(9)(a) apply to wagers on such simulcast signals.
489No thoroughbred permitholder shall be required to continue to
490rebroadcast a simulcast signal to any in-state permitholder if
491the average per performance gross receipts returned to the host
492permitholder over the preceding 30-day period were less than
493$100. Subject to the provisions of s. 550.615(4), as a condition
494of receiving rebroadcasts of thoroughbred simulcast signals
495under this paragraph, a guest permitholder must accept
496intertrack wagers on all live races conducted by all then-
497operating thoroughbred permitholders.
498     Section 9.  Paragraph (c) of subsection (4) of section
499551.104, Florida Statutes, is amended to read:
500     551.104  License to conduct slot machine gaming.-
501     (4)  As a condition of licensure and to maintain continued
502authority for the conduct of slot machine gaming, the slot
503machine licensee shall:
504     (c)  Conduct no fewer than a full schedule of live racing
505or games as defined in s. 550.002(11), except for holders of
506greyhound permits, which have no live racing requirement. A
507permitholder's responsibility to conduct such number of live
508races or games shall be reduced by the number of races or games
509that could not be conducted due to the direct result of fire,
510war, hurricane, or other disaster or event beyond the control of
511the permitholder.
512     Section 10.  Subsections (2) and (4) of section 551.114,
513Florida Statutes, are amended to read:
514     551.114  Slot machine gaming areas.-
515     (2)  The slot machine licensee shall display pari-mutuel
516races or games within the designated slot machine gaming areas
517and offer patrons within the designated slot machine gaming
518areas the ability to engage in pari-mutuel wagering on any live,
519intertrack, and simulcast races conducted or offered to patrons
520of the licensed facility.
521     (4)  Designated slot machine gaming areas may be located
522within the current live gaming facility or in an existing
523building that must be contiguous and connected to the live
524gaming facility, if applicable. If a designated slot machine
525gaming area is to be located in a building that is to be
526constructed, that new building must be contiguous and connected
527to the live gaming facility.
528     Section 11.  Paragraphs (a) and (b) of subsection (5) and
529paragraph (d) of subsection (13) of section 849.086, Florida
530Statutes, are amended to read:
531     849.086  Cardrooms authorized.-
532     (5)  LICENSE REQUIRED; APPLICATION; FEES.-No person may
533operate a cardroom in this state unless such person holds a
534valid cardroom license issued pursuant to this section.
535     (a)  Only those persons holding a valid cardroom license
536issued by the division may operate a cardroom. A cardroom
537license may only be issued to a licensed pari-mutuel
538permitholder and an authorized cardroom may only be operated at
539the same facility at which the permitholder is authorized under
540its valid pari-mutuel wagering permit to conduct pari-mutuel
541wagering activities. An initial cardroom license shall be issued
542to a pari-mutuel permitholder only after its facilities are in
543place and, except for greyhound permitholders, after it conducts
544its first day of live racing or games. A greyhound permitholder
545that has conducted live racing during each of the 10 years
546immediately preceding its application for a cardroom license or
547a greyhound permitholder converted pursuant to s. 550.054(14)
548shall be issued a cardroom license without regard to licensure
549for or actual conduct of live racing.
550     (b)  Except for greyhound permitholders After the initial
551cardroom license is granted, the application for the annual
552license renewal shall be made in conjunction with the
553applicant's annual application for its pari-mutuel license. If a
554permitholder has operated a cardroom during any of the 3
555previous fiscal years and fails to include a renewal request for
556the operation of the cardroom in its annual application for
557license renewal, the permitholder may amend its annual
558application to include operation of the cardroom. In order for a
559cardroom license to be renewed the applicant must have
560requested, as part of its pari-mutuel annual license
561application, to conduct at least 90 percent of the total number
562of live performances conducted by such permitholder during
563either the state fiscal year in which its initial cardroom
564license was issued or the state fiscal year immediately prior
565thereto if the permitholder ran at least a full schedule of live
566racing or games in the prior year. If the application is for a
567harness permitholder cardroom, the applicant must have requested
568authorization to conduct a minimum of 140 live performances
569during the state fiscal year immediately prior thereto. If more
570than one permitholder is operating at a facility, each
571permitholder must have applied for a license to conduct a full
572schedule of live racing. However, no corresponding pari-mutuel
573license application or minimum numbers of requested or conducted
574live performances is required in order for a greyhound
575permitholder to maintain or renew a cardroom license.
577     (d)1.  Each greyhound and jai alai permitholder that
578operates a cardroom facility shall use at least 4 percent of
579such permitholder's cardroom monthly gross receipts to
580supplement greyhound purses if live racing is conducted during a
581fiscal year, or jai alai prize money, respectively, during the
582permitholder's current or next ensuing pari-mutuel meet.
583     2.  Each thoroughbred and harness horse racing permitholder
584that operates a cardroom facility shall use at least 50 percent
585of such permitholder's cardroom monthly net proceeds as follows:
58647 percent to supplement purses and 3 percent to supplement
587breeders' awards during the permitholder's next ensuing racing
589     3.  No cardroom license or renewal thereof shall be issued
590to an applicant holding a permit under chapter 550 to conduct
591pari-mutuel wagering meets of quarter horse racing unless the
592applicant has on file with the division a binding written
593agreement between the applicant and the Florida Quarter Horse
594Racing Association or the association representing a majority of
595the horse owners and trainers at the applicant's eligible
596facility, governing the payment of purses on live quarter horse
597races conducted at the licensee's pari-mutuel facility. The
598agreement governing purses may direct the payment of such purses
599from revenues generated by any wagering or gaming the applicant
600is authorized to conduct under Florida law. All purses shall be
601subject to the terms of chapter 550.
602     Section 12.  This act shall take effect July 1, 2011.

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