Florida Senate - 2015                                     SB 124
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-00107-15                                            2015124__
    1                        A bill to be entitled                      
    2         An act relating to advance deposit wagering; creating
    3         s. 550.6346, F.S.; defining terms; providing that the
    4         Division of Pari-mutuel Wagering of the Department of
    5         Business and Professional Regulation may authorize
    6         advance deposit wagering conducted by certain
    7         permitholders or certain operators contracting with a
    8         permitholder; specifying requirements for a person
    9         authorized to conduct advance deposit wagering;
   10         prohibiting a resident or other individual from
   11         placing a wager through an advance deposit wagering
   12         system under specified circumstances; requiring the
   13         division to adopt rules; providing an effective date.
   14  
   15         WHEREAS, advance deposit wagering is neither specifically
   16  authorized nor prohibited by Florida law, and yet advance
   17  deposit wagering companies deem advance deposit wagering to be
   18  legal in this state, and
   19         WHEREAS, Florida pari-mutuel operations are missing the
   20  opportunity to collect revenue generated by advance deposit
   21  wagers placed by Florida residents, thereby harming stakeholders
   22  such as operators, horsemen, and greyhound breeders and trainers
   23  and harming the state through reduced tax revenues, and
   24         WHEREAS, handle at the Oregon hub system used by many
   25  Florida residents increased 47 percent from 2007 to 2012 while
   26  pari-mutuel handle in Florida decreased 41 percent during the
   27  same period, and
   28         WHEREAS, other states have successfully imposed fees and
   29  taxes on advance deposit wagering operators who collect wagers
   30  from their residents, NOW, THEREFORE,
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 550.6346, Florida Statutes, is created
   35  to read:
   36         550.6346 Advance deposit wagering.—
   37         (1) As used in this section, the term:
   38         (a) “Advance deposit wagering” means a form of pari-mutuel
   39  wagering in which an individual deposits money into an account
   40  with a person authorized by the division to conduct advance
   41  deposit wagering and such individual uses the account funds to
   42  pay for pari-mutuel wagers made in person, by telephone, or
   43  through communication by other electronic means.
   44         (b) “Permitholder” means a person that is issued a permit
   45  under this chapter.
   46         (2) The division may authorize advance deposit wagering
   47  conducted by:
   48         (a) A permitholder; or
   49         (b) An operator of an advance deposit wagering system
   50  accepting wagers pursuant to an agreement with a permitholder if
   51  the agreement is approved by the division.
   52         (3) A person authorized to conduct advance deposit wagering
   53  under subsection (2) may accept advance deposit wagering for:
   54         (a) Races conducted in this state under a permit issued
   55  under this chapter; or
   56         (b) Races conducted in another state on a schedule approved
   57  by the permitholder.
   58         (4) A person authorized to conduct advance deposit wagering
   59  under subsection (2) may not:
   60         (a) Accept an account wager in an amount in excess of the
   61  funds on deposit in the advance deposit wagering account of the
   62  individual placing the wager; or
   63         (b) Allow an individual younger than 21 years of age to
   64  open, own, or have access to an advance deposit wagering
   65  account.
   66         (5) A person authorized to conduct advance deposit wagering
   67  under subsection (2) shall:
   68         (a) Include a statement in all forms of advertising for
   69  advance deposit wagering that an individual younger than 21
   70  years of age may not open, own, or have access to an advance
   71  deposit wagering account; and
   72         (b) Verify the identification, residence, and age of the
   73  advance deposit wagering account holder by using methods and
   74  technologies approved by the division.
   75         (6) A resident or any other individual located within this
   76  state may not place a wager through a system of advance deposit
   77  wagering except with a person authorized to conduct advance
   78  deposit wagering under subsection (2). Only persons authorized
   79  to conduct advance deposit wagering under subsection (2) may
   80  accept wagers from residents or other individuals located within
   81  this state.
   82         (7) The division shall adopt rules to administer this
   83  section.
   84         Section 2. This act shall take effect July 1, 2015.