Florida Senate - 2011                      CS for CS for SB 1594
       
       
       
       By the Committees on Budget Subcommittee on Finance and Tax; and
       Regulated Industries; and Senators Sachs and Sobel
       
       
       
       593-04533-11                                          20111594c2
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel permitholders; amending
    3         s. 550.002, F.S., which defines the term “full
    4         schedule of live racing or games”; providing that a
    5         greyhound permitholder is not required to conduct a
    6         minimum number of live performances; amending s.
    7         550.01215, F.S.; revising requirements for an
    8         application for a license to conduct performances;
    9         providing an extended period to amend certain
   10         applications; amending s. 550.054, F.S.; removing a
   11         requirement for holders of certain converted permits
   12         to conduct a full schedule of live racing to qualify
   13         for certain tax credits; amending s. 550.0951, F.S.;
   14         revising provisions for transfer by a permitholder of
   15         a tax exemption or license fee credit to a greyhound
   16         permitholder; amending s. 550.09514, F.S.; revising
   17         purse requirements for greyhound racing and provisions
   18         for payment of purses; amending s. 550.615, F.S.;
   19         revising provisions for intertrack wagering; amending
   20         s. 550.105, F.S.; limiting the taxes that may be
   21         imposed on a person who conducts simulcasts,
   22         intertrack wagering, or cardroom games if the facility
   23         does not have an existing agreement with the
   24         municipality; amending ss. 550.26165 and 550.6305,
   25         F.S.; conforming cross-references to changes made by
   26         the act; amending s. 551.104, F.S.; revising a
   27         condition of licensure for the conduct of slot machine
   28         gaming; amending s. 551.114, F.S.; revising
   29         requirements for designated slot machine gaming areas;
   30         amending s. 849.086, F.S.; revising requirements for
   31         initial and renewal issuance of a cardroom license;
   32         providing that neither a corresponding pari-mutuel
   33         license application nor a minimum number of live
   34         performances is required for a greyhound permitholder
   35         to maintain or renew a cardroom license; providing an
   36         effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (11) of section 550.002, Florida
   41  Statutes, is amended to read:
   42         550.002 Definitions.—As used in this chapter, the term:
   43         (11) “Full schedule of live racing or games” means, for a
   44  greyhound or jai alai permitholder, the conduct of a combination
   45  of at least 100 live evening or matinee performances during the
   46  preceding year; for a permitholder who has a converted permit or
   47  filed an application on or before June 1, 1990, for a converted
   48  permit, the conduct of a combination of at least 100 live
   49  evening and matinee wagering performances during either of the 2
   50  preceding years; for a jai alai permitholder who does not
   51  operate slot machines in its pari-mutuel facility, who has
   52  conducted at least 100 live performances per year for at least
   53  10 years after December 31, 1992, and whose handle on live jai
   54  alai games conducted at its pari-mutuel facility has been less
   55  than $4 million per state fiscal year for at least 2 consecutive
   56  years after June 30, 1992, the conduct of a combination of at
   57  least 40 live evening or matinee performances during the
   58  preceding year; for a jai alai permitholder who operates slot
   59  machines in its pari-mutuel facility, the conduct of a
   60  combination of at least 150 performances during the preceding
   61  year; for a harness permitholder, the conduct of at least 100
   62  live regular wagering performances during the preceding year;
   63  for a quarter horse permitholder at its facility unless an
   64  alternative schedule of at least 20 live regular wagering
   65  performances is agreed upon by the permitholder and either the
   66  Florida Quarter Horse Racing Association or the horsemen’s
   67  association representing the majority of the quarter horse
   68  owners and trainers at the facility and filed with the division
   69  along with its annual date application, in the 2010-2011 fiscal
   70  year, the conduct of at least 20 regular wagering performances,
   71  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
   72  least 30 live regular wagering performances, and for every
   73  fiscal year after the 2012-2013 fiscal year, the conduct of at
   74  least 40 live regular wagering performances; for a quarter horse
   75  permitholder leasing another licensed racetrack, the conduct of
   76  160 events at the leased facility; and for a thoroughbred
   77  permitholder, the conduct of at least 40 live regular wagering
   78  performances during the preceding year. For a permitholder which
   79  is restricted by statute to certain operating periods within the
   80  year when other members of its same class of permit are
   81  authorized to operate throughout the year, the specified number
   82  of live performances which constitute a full schedule of live
   83  racing or games shall be adjusted pro rata in accordance with
   84  the relationship between its authorized operating period and the
   85  full calendar year and the resulting specified number of live
   86  performances shall constitute the full schedule of live games
   87  for such permitholder and all other permitholders of the same
   88  class within 100 air miles of such permitholder. A live
   89  performance must consist of no fewer than eight races or games
   90  conducted live for each of a minimum of three performances each
   91  week at the permitholder’s licensed facility under a single
   92  admission charge. Notwithstanding any other provision of law,
   93  beginning with the 2011-2012 fiscal year, there shall be no
   94  minimum requirement of live performances for greyhound
   95  permitholders.
   96         Section 2. Subsection (1) of section 550.01215, Florida
   97  Statutes, is amended to read:
   98         550.01215 License application; periods of operation; bond,
   99  conversion of permit.—
  100         (1) Each permitholder shall annually, during the period
  101  between December 15 and January 4, file in writing with the
  102  division its application for a license to conduct pari-mutuel
  103  wagering activities performances during the next state fiscal
  104  year. Each application requesting live performances, if any,
  105  shall specify the number, dates, and starting times of all
  106  performances which the permitholder intends to conduct. It shall
  107  also specify which performances will be conducted as charity or
  108  scholarship performances. In addition, each application for a
  109  license shall include, for each permitholder which elects to
  110  operate a cardroom, the dates and periods of operation the
  111  permitholder intends to operate the cardroom or, for each
  112  thoroughbred permitholder which elects to receive or rebroadcast
  113  out-of-state races after 7 p.m., the dates for all performances
  114  which the permitholder intends to conduct. Permitholders may
  115  shall be entitled to amend their applications through February
  116  28 or, for applications by greyhound permitholders relating to
  117  the 2011-2012 fiscal year, through August 31, 2011.
  118         Section 3. Paragraph (b) of subsection (14) of section
  119  550.054, Florida Statutes, is amended to read:
  120         550.054 Application for permit to conduct pari-mutuel
  121  wagering.—
  122         (14)
  123         (b) The division, upon application from the holder of a jai
  124  alai permit meeting all conditions of this section, shall
  125  convert the permit and shall issue to the permitholder a permit
  126  to conduct greyhound racing. A permitholder of a permit
  127  converted under this section shall be required to apply for and
  128  conduct a full schedule of live racing each fiscal year to be
  129  eligible for any tax credit provided by this chapter. The holder
  130  of a permit converted pursuant to this subsection or any holder
  131  of a permit to conduct greyhound racing located in a county in
  132  which it is the only permit issued pursuant to this section who
  133  operates at a leased facility pursuant to s. 550.475 may move
  134  the location for which the permit has been issued to another
  135  location within a 30-mile radius of the location fixed in the
  136  permit issued in that county, provided the move does not cross
  137  the county boundary and such location is approved under the
  138  zoning regulations of the county or municipality in which the
  139  permit is located, and upon such relocation may use the permit
  140  for the conduct of pari-mutuel wagering and the operation of a
  141  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  142  apply to any permit converted under this subsection and shall
  143  continue to apply to any permit which was previously included
  144  under and subject to such provisions before a conversion
  145  pursuant to this section occurred.
  146         Section 4. Paragraph (b) of subsection (1) of section
  147  550.0951, Florida Statutes, is amended to read:
  148         550.0951 Payment of daily license fee and taxes;
  149  penalties.—
  150         (1)
  151         (b) Each permitholder that cannot utilize the full amount
  152  of the exemption of $360,000 or $500,000 provided in s.
  153  550.09514(1) or the daily license fee credit provided in this
  154  section may, at any time after notifying the division in
  155  writing, elect once per state fiscal year on a form provided by
  156  the division, to transfer such exemption or credit or any
  157  portion thereof to any greyhound permitholder which acts as a
  158  host track to such permitholder for the purpose of intertrack
  159  wagering. Notwithstanding any other provision of law, the
  160  exemption of $360,000 or $500,000 provided in s. 550.09514(1)
  161  for each greyhound permitholder that conducted live racing
  162  before July 1, 2011, but subsequently elects not to conduct live
  163  racing during a fiscal year shall be pooled, and each greyhound
  164  permitholder conducting a full schedule of live racing during a
  165  fiscal year shall be entitled to an additional tax credit in an
  166  amount equal to the product of the respective permitholder’s
  167  percentage share of live and intertrack wagering handle under
  168  subsection (3) during the preceding fiscal year and the total
  169  value of tax credits available in the pool. Once an election to
  170  transfer such exemption or credit is filed with the division, it
  171  shall not be rescinded. The division shall disapprove the
  172  transfer when the amount of the exemption or credit or portion
  173  thereof is unavailable to the transferring permitholder for any
  174  reason, including being unavailable because the transferring
  175  permitholder did not conduct at least 100 live performances of
  176  at least eight races during the fiscal year, or when the
  177  permitholder who is entitled to transfer the exemption or credit
  178  or who is entitled to receive the exemption or credit owes taxes
  179  to the state pursuant to a deficiency letter or administrative
  180  complaint issued by the division. Upon approval of the transfer
  181  by the division, the transferred tax exemption or credit shall
  182  be effective for the first performance of the next payment
  183  period as specified in subsection (5). The exemption or credit
  184  transferred to such host track may be applied by such host track
  185  against any taxes imposed by this chapter or daily license fees
  186  imposed by this chapter. The greyhound permitholder host track
  187  to which such exemption or credit is transferred shall reimburse
  188  such permitholder the exact monetary value of such transferred
  189  exemption or credit as actually applied against the taxes and
  190  daily license fees of the host track. The division shall ensure
  191  that all transfers of exemption or credit are made in accordance
  192  with this subsection and shall have the authority to adopt rules
  193  to ensure the implementation of this section.
  194         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
  195  of section 550.09514, Florida Statutes, are amended to read:
  196         550.09514 Greyhound dogracing taxes; purse requirements.—
  197         (2)
  198         (b) Except as otherwise set forth herein, in addition to
  199  the minimum purse percentage required by paragraph (a), each
  200  permitholder conducting live racing during a fiscal year shall
  201  pay as purses an annual amount equal to 75 percent of the daily
  202  license fees paid by each permitholder for the 1994-1995 fiscal
  203  year. This purse supplement shall be disbursed weekly during the
  204  permitholder’s race meet in an amount determined by dividing the
  205  annual purse supplement by the number of performances approved
  206  for the permitholder pursuant to its annual license and
  207  multiplying that amount by the number of performances conducted
  208  each week. For the greyhound permitholders in the county where
  209  there are two greyhound permitholders located as specified in s.
  210  550.615(6), such permitholders shall pay in the aggregate an
  211  amount equal to 75 percent of the daily license fees paid by
  212  such permitholders for the 1994-1995 fiscal year. These
  213  permitholders shall be jointly and severally liable for such
  214  purse payments. The additional purses provided by this paragraph
  215  must be used exclusively for purses other than stakes. The
  216  division shall conduct audits necessary to ensure compliance
  217  with this section.
  218         (c)1. Each greyhound permitholder when conducting at least
  219  three live performances during any week shall pay purses in that
  220  week on wagers it accepts as a guest track on intertrack and
  221  simulcast greyhound races at the same rate as it pays on live
  222  races. Each greyhound permitholder when conducting at least
  223  three live performances during any week shall pay purses in that
  224  week, at the same rate as it pays on live races, on wagers
  225  accepted on greyhound races at a guest track which is not
  226  conducting live racing and is located within the same market
  227  area as the greyhound permitholder conducting at least three
  228  live performances during any week.
  229         2. Each host greyhound permitholder shall pay purses on its
  230  simulcast and intertrack broadcasts of greyhound races to guest
  231  facilities that are located outside its market area in an amount
  232  equal to one quarter of an amount determined by subtracting the
  233  transmission costs of sending the simulcast or intertrack
  234  broadcasts from an amount determined by adding the fees received
  235  for greyhound simulcast races plus 3 percent of the greyhound
  236  intertrack handle at guest facilities that are located outside
  237  the market area of the host and that paid contractual fees to
  238  the host for such broadcasts of greyhound races. For guest
  239  greyhound permitholders not conducting live racing during a
  240  fiscal year and not subject to the purse requirements of
  241  subparagraph 1., 3 percent of the greyhound intertrack handle
  242  shall be paid to the host greyhound permitholder for payment of
  243  purses at the host track.
  244         (e) In addition to the purse requirements of paragraphs
  245  (a)-(c), each greyhound permitholder shall pay as purses an
  246  amount equal to one-third of the amount of the tax reduction on
  247  live and simulcast handle applicable to such permitholder as a
  248  result of the reductions in tax rates provided by this act
  249  through the amendments to s. 550.0951(3) in chapter 2000-354,
  250  Laws of Florida. With respect to intertrack wagering when the
  251  host and guest tracks are greyhound permitholders not within the
  252  same market area, an amount equal to the tax reduction
  253  applicable to the guest track handle as a result of the
  254  reduction in tax rates rate provided by this act through the
  255  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  256  of Florida, shall be distributed to the guest track, one-third
  257  of which amount shall be paid as purses at those the guest
  258  tracks conducting live racing track. However, if the guest track
  259  is a greyhound permitholder within the market area of the host
  260  or if the guest track is not a greyhound permitholder, an amount
  261  equal to such tax reduction applicable to the guest track handle
  262  shall be retained by the host track, one-third of which amount
  263  shall be paid as purses at the host track. These purse funds
  264  shall be disbursed in the week received if the permitholder
  265  conducts at least one live performance during that week. If the
  266  permitholder does not conduct at least one live performance
  267  during the week in which the purse funds are received, the purse
  268  funds shall be disbursed weekly during the permitholder’s next
  269  race meet in an amount determined by dividing the purse amount
  270  by the number of performances approved for the permitholder
  271  pursuant to its annual license, and multiplying that amount by
  272  the number of performances conducted each week. The division
  273  shall conduct audits necessary to ensure compliance with this
  274  paragraph.
  275         Section 6. Subsection (9) of section 550.105, Florida
  276  Statutes, is amended to read:
  277         550.105 Occupational licenses of racetrack employees; fees;
  278  denial, suspension, and revocation of license; penalties and
  279  fines.—
  280         (9) The tax imposed by this section is in lieu of all
  281  license, excise, or occupational taxes to the state or any
  282  county, municipality, or other political subdivision, except
  283  that, if a race meeting or game is held or conducted in a
  284  municipality, the municipality may assess and collect an
  285  additional tax against any person conducting live racing or
  286  games within its corporate limits, which tax may not exceed $150
  287  per day for horseracing or $50 per day for dogracing,
  288  simulcasts, intertrack wagering, cardroom games, or jai alai, up
  289  to the maximum of 100 days for dogracing facilities. This tax
  290  may be levied on simulcasts, intertrack wagering, or cardroom
  291  games only to the extent that the facility does not have an
  292  existing agreement with the municipality. Except as provided in
  293  this chapter, a municipality may not assess or collect any
  294  additional excise or revenue tax against any person conducting
  295  race meetings within the corporate limits of the municipality or
  296  against any patron of any such person.
  297         Section 7. Subsection (1) of section 550.26165, Florida
  298  Statutes, is amended to read:
  299         550.26165 Breeders’ awards.—
  300         (1) The purpose of this section is to encourage the
  301  agricultural activity of breeding and training racehorses in
  302  this state. Moneys dedicated in this chapter for use as
  303  breeders’ awards and stallion awards are to be used for awards
  304  to breeders of registered Florida-bred horses winning horseraces
  305  and for similar awards to the owners of stallions who sired
  306  Florida-bred horses winning stakes races, if the stallions are
  307  registered as Florida stallions standing in this state. Such
  308  awards shall be given at a uniform rate to all winners of the
  309  awards, shall not be greater than 20 percent of the announced
  310  gross purse, and shall not be less than 15 percent of the
  311  announced gross purse if funds are available. In addition, no
  312  less than 17 percent nor more than 40 percent, as determined by
  313  the Florida Thoroughbred Breeders’ Association, of the moneys
  314  dedicated in this chapter for use as breeders’ awards and
  315  stallion awards for thoroughbreds shall be returned pro rata to
  316  the permitholders that generated the moneys for special racing
  317  awards to be distributed by the permitholders to owners of
  318  thoroughbred horses participating in prescribed thoroughbred
  319  stakes races, nonstakes races, or both, all in accordance with a
  320  written agreement establishing the rate, procedure, and
  321  eligibility requirements for such awards entered into by the
  322  permitholder, the Florida Thoroughbred Breeders’ Association,
  323  and the Florida Horsemen’s Benevolent and Protective
  324  Association, Inc., except that the plan for the distribution by
  325  any permitholder located in the area described in s.
  326  550.615(8)(9) shall be agreed upon by that permitholder, the
  327  Florida Thoroughbred Breeders’ Association, and the association
  328  representing a majority of the thoroughbred racehorse owners and
  329  trainers at that location. Awards for thoroughbred races are to
  330  be paid through the Florida Thoroughbred Breeders’ Association,
  331  and awards for standardbred races are to be paid through the
  332  Florida Standardbred Breeders and Owners Association. Among
  333  other sources specified in this chapter, moneys for thoroughbred
  334  breeders’ awards will come from the 0.955 percent of handle for
  335  thoroughbred races conducted, received, broadcast, or simulcast
  336  under this chapter as provided in s. 550.2625(3). The moneys for
  337  quarter horse and harness breeders’ awards will come from the
  338  breaks and uncashed tickets on live quarter horse and harness
  339  racing performances and 1 percent of handle on intertrack
  340  wagering. The funds for these breeders’ awards shall be paid to
  341  the respective breeders’ associations by the permitholders
  342  conducting the races.
  343         Section 8. Section 550.615, Florida Statutes, is amended to
  344  read:
  345         550.615 Intertrack wagering.—
  346         (1) Any horserace permitholder licensed under this chapter
  347  which has conducted a full schedule of live racing may, at any
  348  time, receive broadcasts of horseraces and accept wagers on
  349  horseraces conducted by horserace permitholders licensed under
  350  this chapter at its facility.
  351         (2) A Any track or fronton licensed under this chapter
  352  which conducted a full schedule of live racing which in the
  353  preceding year or any dog track conducted a full schedule of
  354  live racing is qualified to, at any time, receive broadcasts of
  355  any class of pari-mutuel race or game and accept wagers on such
  356  races or games conducted by any class of permitholders licensed
  357  under this chapter.
  358         (3) If a permitholder elects to broadcast its signal to any
  359  permitholder in this state, any permitholder that is eligible to
  360  conduct intertrack wagering under the provisions of ss. 550.615
  361  550.6345 is entitled to receive the broadcast and conduct
  362  intertrack wagering under this section; provided, however, that
  363  the host track may require a guest track within 25 miles of
  364  another permitholder to receive in any week at least 60 percent
  365  of the live races that the host track is making available on the
  366  days that the guest track is otherwise operating live races or
  367  games. A host track may require a guest track not operating live
  368  races or games and within 25 miles of another permitholder to
  369  accept within any week at least 60 percent of the live races
  370  that the host track is making available. A person may not
  371  restrain or attempt to restrain any permitholder that is
  372  otherwise authorized to conduct intertrack wagering from
  373  receiving the signal of any other permitholder or sending its
  374  signal to any permitholder.
  375         (4) In no event shall any intertrack wager be accepted on
  376  the same class of live races or games of any permitholder
  377  without the written consent of such operating permitholders
  378  conducting the same class of live races or games if the guest
  379  track is within the market area of such operating permitholder.
  380  A greyhound permitholder that accepts intertrack wagers on live
  381  greyhound signals shall not be required to obtain the written
  382  consent required by this subsection from any operating greyhound
  383  permitholder within its market area.
  384         (5) No permitholder within the market area of the host
  385  track shall take an intertrack wager on the host track without
  386  the consent of the host track.
  387         (6) Notwithstanding the provisions of subsection (3), in
  388  any area of the state where there are three or more horserace
  389  permitholders within 25 miles of each other, intertrack wagering
  390  between permitholders in said area of the state shall only be
  391  authorized under the following conditions: Any permitholder,
  392  other than a thoroughbred permitholder, may accept intertrack
  393  wagers on races or games conducted live by a permitholder of the
  394  same class or any harness permitholder located within such area
  395  and any harness permitholder may accept wagers on games
  396  conducted live by any jai alai permitholder located within its
  397  market area and from a jai alai permitholder located within the
  398  area specified in this subsection when no jai alai permitholder
  399  located within its market area is conducting live jai alai
  400  performances; any greyhound or jai alai permitholder may receive
  401  broadcasts of and accept wagers on any permitholder of the other
  402  class provided that a permitholder, other than the host track,
  403  of such other class is not operating a contemporaneous live
  404  performance within the market area.
  405         (7) In any county of the state where there are only two
  406  permits, one for dogracing and one for jai alai, no intertrack
  407  wager may be taken during the period of time when a permitholder
  408  is not licensed to conduct live races or games without the
  409  written consent of the other permitholder that is conducting
  410  live races or games. However, if neither permitholder is
  411  conducting live races or games, either permitholder may accept
  412  intertrack wagers on horseraces or on the same class of races or
  413  games, or on both horseraces and the same class of races or
  414  games as is authorized by its permit.
  415         (7)(8)In any three contiguous counties of the state where
  416  there are only three permitholders, all of which are greyhound
  417  permitholders, If any greyhound permitholder leases the facility
  418  of another greyhound permitholder for the purpose of conducting
  419  all or any portion of the conduct of its live race meet pursuant
  420  to s. 550.475, such lessee may conduct intertrack wagering at
  421  its pre-lease permitted facility throughout the entire year,
  422  including while its race live meet is being conducted at the
  423  leased facility, if such permitholder has conducted a full
  424  schedule of live racing during the preceding fiscal year at its
  425  pre-lease permitted facility or at a leased facility, or
  426  combination thereof.
  427         (8)(9) In any two contiguous counties of the state in which
  428  there are located only four active permits, one for thoroughbred
  429  horse racing, two for greyhound dogracing, and one for jai alai
  430  games, no intertrack wager may be accepted on the same class of
  431  live races or games of any permitholder without the written
  432  consent of such operating permitholders conducting the same
  433  class of live races or games if the guest track is within the
  434  market area of such operating permitholder.
  435         (9)(10) All costs of receiving the transmission of the
  436  broadcasts shall be borne by the guest track; and all costs of
  437  sending the broadcasts shall be borne by the host track.
  438         Section 9. Paragraph (g) of subsection (9) of section
  439  550.6305, Florida Statutes, is amended to read:
  440         550.6305 Intertrack wagering; guest track payments;
  441  accounting rules.—
  442         (9) A host track that has contracted with an out-of-state
  443  horse track to broadcast live races conducted at such out-of
  444  state horse track pursuant to s. 550.3551(5) may broadcast such
  445  out-of-state races to any guest track and accept wagers thereon
  446  in the same manner as is provided in s. 550.3551.
  447         (g)1. Any thoroughbred permitholder which accepts wagers on
  448  a simulcast signal must make the signal available to any
  449  permitholder that is eligible to conduct intertrack wagering
  450  under the provisions of ss. 550.615-550.6345.
  451         2. Any thoroughbred permitholder which accepts wagers on a
  452  simulcast signal received after 6 p.m. must make such signal
  453  available to any permitholder that is eligible to conduct
  454  intertrack wagering under the provisions of ss. 550.615
  455  550.6345, including any permitholder located as specified in s.
  456  550.615(6). Such guest permitholders are authorized to accept
  457  wagers on such simulcast signal, notwithstanding any other
  458  provision of this chapter to the contrary.
  459         3. Any thoroughbred permitholder which accepts wagers on a
  460  simulcast signal received after 6 p.m. must make such signal
  461  available to any permitholder that is eligible to conduct
  462  intertrack wagering under the provisions of ss. 550.615
  463  550.6345, including any permitholder located as specified in s.
  464  550.615(8)(9). Such guest permitholders are authorized to accept
  465  wagers on such simulcast signals for a number of performances
  466  not to exceed that which constitutes a full schedule of live
  467  races for a quarter horse permitholder pursuant to s.
  468  550.002(11), notwithstanding any other provision of this chapter
  469  to the contrary, except that the restrictions provided in s.
  470  550.615(8)(9)(a) apply to wagers on such simulcast signals.
  471  
  472  No thoroughbred permitholder shall be required to continue to
  473  rebroadcast a simulcast signal to any in-state permitholder if
  474  the average per performance gross receipts returned to the host
  475  permitholder over the preceding 30-day period were less than
  476  $100. Subject to the provisions of s. 550.615(4), as a condition
  477  of receiving rebroadcasts of thoroughbred simulcast signals
  478  under this paragraph, a guest permitholder must accept
  479  intertrack wagers on all live races conducted by all then
  480  operating thoroughbred permitholders.
  481         Section 10. Paragraph (c) of subsection (4) of section
  482  551.104, Florida Statutes, is amended to read:
  483         551.104 License to conduct slot machine gaming.—
  484         (4) As a condition of licensure and to maintain continued
  485  authority for the conduct of slot machine gaming, the slot
  486  machine licensee shall:
  487         (c) Conduct no fewer than a full schedule of live racing or
  488  games as defined in s. 550.002(11), except for holders of
  489  greyhound permits, which have no live racing requirement. A
  490  permitholder’s responsibility to conduct such number of live
  491  races or games shall be reduced by the number of races or games
  492  that could not be conducted due to the direct result of fire,
  493  war, hurricane, or other disaster or event beyond the control of
  494  the permitholder.
  495         Section 11. Subsections (2) and (4) of section 551.114,
  496  Florida Statutes, are amended to read:
  497         551.114 Slot machine gaming areas.—
  498         (2) The slot machine licensee shall display pari-mutuel
  499  races or games within the designated slot machine gaming areas
  500  and offer patrons within the designated slot machine gaming
  501  areas the ability to engage in pari-mutuel wagering on any live,
  502  intertrack, and simulcast races conducted or offered to patrons
  503  of the licensed facility.
  504         (4) Designated slot machine gaming areas may be located
  505  within the current live gaming facility or in an existing
  506  building that must be contiguous and connected to the live
  507  gaming facility, if applicable. If a designated slot machine
  508  gaming area is to be located in a building that is to be
  509  constructed, that new building must be contiguous and connected
  510  to the live gaming facility.
  511         Section 12. Paragraphs (a) and (b) of subsection (5) and
  512  paragraph (d) of subsection (13) of section 849.086, Florida
  513  Statutes, are amended to read:
  514         849.086 Cardrooms authorized.—
  515         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  516  operate a cardroom in this state unless such person holds a
  517  valid cardroom license issued pursuant to this section.
  518         (a) Only those persons holding a valid cardroom license
  519  issued by the division may operate a cardroom. A cardroom
  520  license may only be issued to a licensed pari-mutuel
  521  permitholder and an authorized cardroom may only be operated at
  522  the same facility at which the permitholder is authorized under
  523  its valid pari-mutuel wagering permit to conduct pari-mutuel
  524  wagering activities. An initial cardroom license shall be issued
  525  to a pari-mutuel permitholder only after its facilities are in
  526  place and, except for greyhound permitholders, after it conducts
  527  its first day of live racing or games. A greyhound permitholder
  528  that has conducted live racing during each of the 10 years
  529  immediately preceding its application for a cardroom license or
  530  a greyhound permitholder converted pursuant to s. 550.054(14)
  531  shall be issued a cardroom license without regard to licensure
  532  for or actual conduct of live racing.
  533         (b) Except for greyhound permitholders After the initial
  534  cardroom license is granted, the application for the annual
  535  license renewal shall be made in conjunction with the
  536  applicant’s annual application for its pari-mutuel license. If a
  537  permitholder has operated a cardroom during any of the 3
  538  previous fiscal years and fails to include a renewal request for
  539  the operation of the cardroom in its annual application for
  540  license renewal, the permitholder may amend its annual
  541  application to include operation of the cardroom. In order for a
  542  cardroom license to be renewed the applicant must have
  543  requested, as part of its pari-mutuel annual license
  544  application, to conduct at least 90 percent of the total number
  545  of live performances conducted by such permitholder during
  546  either the state fiscal year in which its initial cardroom
  547  license was issued or the state fiscal year immediately prior
  548  thereto if the permitholder ran at least a full schedule of live
  549  racing or games in the prior year. If the application is for a
  550  harness permitholder cardroom, the applicant must have requested
  551  authorization to conduct a minimum of 140 live performances
  552  during the state fiscal year immediately prior thereto. If more
  553  than one permitholder is operating at a facility, each
  554  permitholder must have applied for a license to conduct a full
  555  schedule of live racing. However, no corresponding pari-mutuel
  556  license application or minimum numbers of requested or conducted
  557  live performances is required in order for a greyhound
  558  permitholder to maintain or renew a cardroom license.
  559         (13) TAXES AND OTHER PAYMENTS.—
  560         (d)1. Each greyhound and jai alai permitholder that
  561  operates a cardroom facility shall use at least 4 percent of
  562  such permitholder’s cardroom monthly gross receipts to
  563  supplement greyhound purses if live racing is conducted during a
  564  fiscal year, or jai alai prize money, respectively, during the
  565  permitholder’s current or next ensuing pari-mutuel meet.
  566         2. Each thoroughbred and harness horse racing permitholder
  567  that operates a cardroom facility shall use at least 50 percent
  568  of such permitholder’s cardroom monthly net proceeds as follows:
  569  47 percent to supplement purses and 3 percent to supplement
  570  breeders’ awards during the permitholder’s next ensuing racing
  571  meet.
  572         3. No cardroom license or renewal thereof shall be issued
  573  to an applicant holding a permit under chapter 550 to conduct
  574  pari-mutuel wagering meets of quarter horse racing unless the
  575  applicant has on file with the division a binding written
  576  agreement between the applicant and the Florida Quarter Horse
  577  Racing Association or the association representing a majority of
  578  the horse owners and trainers at the applicant’s eligible
  579  facility, governing the payment of purses on live quarter horse
  580  races conducted at the licensee’s pari-mutuel facility. The
  581  agreement governing purses may direct the payment of such purses
  582  from revenues generated by any wagering or gaming the applicant
  583  is authorized to conduct under Florida law. All purses shall be
  584  subject to the terms of chapter 550.
  585         Section 13. This act shall take effect July 1, 2011.