Florida Senate - 2016                                     SB 728
       By Senator Margolis
       35-00793-16                                            2016728__
    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, prohibitions,
    9         and authorizations for a person authorized to conduct
   10         advance deposit wagering; prohibiting a resident or
   11         other individual from placing a wager through an
   12         advance deposit wagering system under specified
   13         circumstances; requiring the division to adopt rules;
   14         providing an effective date.
   16         WHEREAS, advance deposit wagering is neither specifically
   17  authorized nor prohibited by Florida law, and yet advance
   18  deposit wagering companies deem advance deposit wagering to be
   19  legal in this state, and
   20         WHEREAS, Florida pari-mutuel operations are missing the
   21  opportunity to collect revenue generated by advance deposit
   22  wagers placed by Florida residents, thereby harming stakeholders
   23  such as operators, horsemen, and greyhound breeders and trainers
   24  and harming the state through reduced tax revenues, and
   25         WHEREAS, handle at the Oregon hub system used by many
   26  Florida residents increased 47 percent from 2007 to 2012 while
   27  pari-mutuel handle in Florida decreased 41 percent during the
   28  same period, and
   29         WHEREAS, other states have successfully imposed fees and
   30  taxes on advance deposit wagering operators who collect wagers
   31  from their residents, NOW, THEREFORE,
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Section 550.6346, Florida Statutes, is created
   36  to read:
   37         550.6346 Advance deposit wagering.—
   38         (1) As used in this section, the term:
   39         (a) “Advance deposit wagering” means a form of pari-mutuel
   40  wagering in which an individual deposits money into an account
   41  with a person authorized by the division to conduct advance
   42  deposit wagering and such individual uses the account funds to
   43  pay for pari-mutuel wagers made in person, by telephone, or
   44  through communication by other electronic means.
   45         (b) “Permitholder” means a person that is issued a permit
   46  under this chapter.
   47         (2) The division may authorize advance deposit wagering
   48  conducted by:
   49         (a) A permitholder; or
   50         (b) An operator of an advance deposit wagering system
   51  accepting wagers pursuant to an agreement with a permitholder if
   52  the agreement is approved by the division.
   53         (3) A person authorized to conduct advance deposit wagering
   54  under subsection (2) may accept advance deposit wagering for
   55  races conducted:
   56         (a) In this state under a permit issued under this chapter;
   57  or
   58         (b) In another state on a schedule approved by the
   59  permitholder.
   60         (4) A person authorized to conduct advance deposit wagering
   61  under subsection (2) may not:
   62         (a) Accept an account wager in an amount in excess of the
   63  funds on deposit in the advance deposit wagering account of the
   64  individual placing the wager; or
   65         (b) Allow an individual younger than 21 years of age to
   66  open, own, or have access to an advance deposit wagering
   67  account.
   68         (5) A person authorized to conduct advance deposit wagering
   69  under subsection (2) shall:
   70         (a) Include a statement in all forms of advertising for
   71  advance deposit wagering that an individual younger than 21
   72  years of age may not open, own, or have access to an advance
   73  deposit wagering account; and
   74         (b) Verify the identification, residence, and age of the
   75  advance deposit wagering account holder by using methods and
   76  technologies approved by the division.
   77         (6) A resident or any other individual located within this
   78  state may not place a wager through a system of advance deposit
   79  wagering except with a person authorized to conduct advance
   80  deposit wagering under subsection (2). Only persons authorized
   81  to conduct advance deposit wagering under subsection (2) may
   82  accept wagers from residents or other individuals located within
   83  this state.
   84         (7) The division shall adopt rules to administer this
   85  section.
   86         Section 2. This act shall take effect July 1, 2016.