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. 15 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, 32 33 Be It Enacted by the Legislature of the State of Florida: 34 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.