Florida Senate - 2014 SB 994
By Senator Margolis
35-00816-14 2014994__
1 A bill to be entitled
2 An act relating to advance deposit wagering; creating
3 s. 550.6346, F.S.; authorizing the Division of Pari
4 mutuel Wagering to authorize advance deposit wagering
5 conducted by certain permitholders or certain
6 operators contracting with a permitholder; specifying
7 requirements for a person authorized to conduct
8 advance deposit wagering; requiring the division to
9 adopt rules; providing an effective date.
10
11 WHEREAS, advance deposit wagering is neither specifically
12 permitted nor prohibited by Florida law, and yet advance deposit
13 wagering companies are deeming advance deposit wagering to be
14 legal in this state, and
15 WHEREAS, Florida pari-mutuel operations are missing the
16 opportunity to collect revenue generated by advance deposit
17 wagers placed by Florida residents, thereby harming stakeholders
18 such as operators, horsemen, and greyhound breeders and trainers
19 and harming the state through reduced tax revenues, and
20 WHEREAS, handle at the Oregon hub system used by many
21 Florida residents increased 47 percent from 2007 to 2012 while
22 pari-mutuel handle in Florida fell 41 percent during the same
23 period, and
24 WHEREAS, other states have successfully imposed fees and
25 taxes on advance deposit wagering operators who collect wagers
26 from their residents, NOW, THEREFORE,
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Section 550.6346, Florida Statutes, is created
31 to read:
32 550.6346 Advance deposit wagering.—
33 (1) As used in this section, the term:
34 (a) “Advance deposit wagering” means a form of pari-mutuel
35 wagering in which an individual deposits money into an account
36 with a person authorized by the division to conduct advance
37 deposit wagering and such individual uses the account funds to
38 pay for pari-mutuel wagers made in person, by telephone, or
39 through communication by other electronic means.
40 (b) “Permitholder” means a person that is issued a permit
41 under this chapter.
42 (2) The division may authorize advance deposit wagering
43 conducted by:
44 (a) A permitholder; or
45 (b) An operator of an advance deposit wagering system
46 accepting wagers pursuant to an agreement with a permitholder if
47 the agreement is approved by the division.
48 (3) A person authorized to conduct advance deposit wagering
49 under subsection (2) may accept advance deposit wagering for:
50 (a) Races conducted in this state under a permit issued
51 under this chapter; or
52 (b) Races conducted in another state on a schedule approved
53 by the permitholder.
54 (4) Residents or other individuals located within the state
55 may not place wagers through a system of advance deposit
56 wagering except with a person authorized to conduct advance
57 deposit wagering under subsection (2). Only persons authorized
58 to conduct advance deposit wagering under subsection (2) may
59 accept wagers from residents or other individuals located within
60 the state.
61 (5) A person authorized to conduct advance deposit wagering
62 under subsection (2) may not:
63 (a) Accept an account wager in an amount in excess of the
64 funds on deposit in the advance deposit wagering account of the
65 individual placing the wager; or
66 (b) Allow individuals younger than 21 years of age to open,
67 own, or have access to an advance deposit wagering account.
68 (6) A person authorized to conduct advance deposit wagering
69 under subsection (2) must:
70 (a) Include a statement in all forms of advertising for
71 advance deposit wagering that individuals younger than 21 years
72 of age are not allowed to open, own, or have access to an
73 advance deposit wagering account; and
74 (b) Verify the identification, residence, and age of the
75 advance deposit wagering account holder using methods and
76 technologies approved by the division.
77 (7) The division shall adopt rules to administer this
78 section.
79 Section 2. This act shall take effect July 1, 2014.