Bill Text: FL H1145 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Greyhound Racing

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1145 Detail]

Download: Florida-2011-H1145-Comm_Sub.html

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CS/HB 1145

1	A bill to be entitled
2	An act relating to greyhound racing; amending s. 550.002,
3	F.S., which defines the term "full schedule of live racing
4	or games"; providing that a greyhound permitholder shall
5	not be required to conduct a minimum number of live
6	performances; amending s. 550.01215, F.S.; revising
7	requirements for an application for a license to conduct
8	performances; extending the period of time allowed to
9	amend certain applications; amending s. 550.054, F.S.;
10	removing a requirement for holders of certain converted
11	permits to conduct a full schedule of live racing to
12	qualify for certain tax credits; amending s. 550.0951,
13	F.S.; revising provisions for transfer by a permitholder
14	of a tax exemption or license fee credit to a greyhound
15	permitholder; revising the tax on handle for dogracing and
16	intertrack wagering; amending s. 550.09514, F.S.; revising
17	purse requirements for greyhound racing and provisions for
18	payment of purses; amending s. 550.615, F.S.; revising
19	provisions for intertrack wagering; amending ss. 550.26165
20	and 550.6305, F.S.; conforming cross-references to changes
21	made by the act; amending s. 551.104, F.S.; revising a
22	condition of licensure for the conduct of slot machine
23	gaming; amending s. 551.114, F.S.; revising requirements
24	for designated slot machine gaming areas; amending s.
25	849.086, F.S.; revising requirements for initial and
26	renewal issuance of a cardroom license to a greyhound
27	permitholder; providing that neither a corresponding pari-
28	mutuel license application nor a minimum number of live
29	performances is required for a greyhound permitholder to
30	maintain or renew a cardroom license; providing an
31	effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsection (11) of section 550.002, Florida
36	Statutes, is amended to read:
37	550.002  Definitions.-As used in this chapter, the term:
38	(11)  "Full schedule of live racing or games" means, for a
39	greyhound or jai alai permitholder, the conduct of a combination
40	of at least 100 live evening or matinee performances during the
41	preceding year; for a permitholder who has a converted permit or
42	filed an application on or before June 1, 1990, for a converted
43	permit, the conduct of a combination of at least 100 live
44	evening and matinee wagering performances during either of the 2
45	preceding years; for a jai alai permitholder who does not
46	operate slot machines in its pari-mutuel facility, who has
47	conducted at least 100 live performances per year for at least
48	10 years after December 31, 1992, and whose handle on live jai
49	alai games conducted at its pari-mutuel facility has been less
50	than $4 million per state fiscal year for at least 2 consecutive
51	years after June 30, 1992, the conduct of a combination of at
52	least 40 live evening or matinee performances during the
53	preceding year; for a jai alai permitholder who operates slot
54	machines in its pari-mutuel facility, the conduct of a
55	combination of at least 150 performances during the preceding
56	year; for a harness permitholder, the conduct of at least 100
57	live regular wagering performances during the preceding year;
58	for a quarter horse permitholder at its facility unless an
59	alternative schedule of at least 20 live regular wagering
60	performances is agreed upon by the permitholder and either the
61	Florida Quarter Horse Racing Association or the horsemen's
62	association representing the majority of the quarter horse
63	owners and trainers at the facility and filed with the division
64	along with its annual date application, in the 2010-2011 fiscal
65	year, the conduct of at least 20 regular wagering performances,
66	in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
67	least 30 live regular wagering performances, and for every
68	fiscal year after the 2012-2013 fiscal year, the conduct of at
69	least 40 live regular wagering performances; for a quarter horse
70	permitholder leasing another licensed racetrack, the conduct of
71	160 events at the leased facility; and for a thoroughbred
72	permitholder, the conduct of at least 40 live regular wagering
73	performances during the preceding year. For a permitholder which
74	is restricted by statute to certain operating periods within the
75	year when other members of its same class of permit are
76	authorized to operate throughout the year, the specified number
77	of live performances which constitute a full schedule of live
78	racing or games shall be adjusted pro rata in accordance with
79	the relationship between its authorized operating period and the
80	full calendar year and the resulting specified number of live
81	performances shall constitute the full schedule of live games
82	for such permitholder and all other permitholders of the same
83	class within 100 air miles of such permitholder. A live
84	performance must consist of no fewer than eight races or games
85	conducted live for each of a minimum of three performances each
86	week at the permitholder's licensed facility under a single
87	admission charge. Notwithstanding any other provision of law,
88	beginning with the 2011-2012 fiscal year, there shall be no
89	minimum requirement of live performances for greyhound
90	permitholders.
91	Section 2.  Subsection (1) of section 550.01215, Florida
92	Statutes, is amended to read:
93	550.01215  License application; periods of operation; bond,
94	conversion of permit.-
95	(1)  Each permitholder shall annually, during the period
96	between December 15 and January 4, file in writing with the
97	division its application for a license to conduct pari-mutuel
98	wagering activities performances during the next state fiscal
99	year. Each application requesting live performances, if any,
100	shall specify the number, dates, and starting times of all
101	performances which the permitholder intends to conduct. It shall
102	also specify which performances will be conducted as charity or
103	scholarship performances. In addition, each application for a
104	license shall include, for each permitholder which elects to
105	operate a cardroom, the dates and periods of operation the
106	permitholder intends to operate the cardroom or, for each
107	thoroughbred permitholder which elects to receive or rebroadcast
108	out-of-state races after 7 p.m., the dates for all performances
109	which the permitholder intends to conduct. Permitholders may
110	shall be entitled to amend their applications through February
111	28 or, for applications relating to the 2011-2012 fiscal year,
112	through August 31, 2011.
113	Section 3.  Paragraph (b) of subsection (14) of section
114	550.054, Florida Statutes, is amended to read:
115	550.054  Application for permit to conduct pari-mutuel
116	wagering.-
117	(14)
118	(b)  The division, upon application from the holder of a
119	jai alai permit meeting all conditions of this section, shall
120	convert the permit and shall issue to the permitholder a permit
121	to conduct greyhound racing. A permitholder of a permit
122	converted under this section shall be required to apply for and
123	conduct a full schedule of live racing each fiscal year to be
124	eligible for any tax credit provided by this chapter. The holder
125	of a permit converted pursuant to this subsection or any holder
126	of a permit to conduct greyhound racing located in a county in
127	which it is the only permit issued pursuant to this section who
128	operates at a leased facility pursuant to s. 550.475 may move
129	the location for which the permit has been issued to another
130	location within a 30-mile radius of the location fixed in the
131	permit issued in that county, provided the move does not cross
132	the county boundary and such location is approved under the
133	zoning regulations of the county or municipality in which the
134	permit is located, and upon such relocation may use the permit
135	for the conduct of pari-mutuel wagering and the operation of a
136	cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
137	apply to any permit converted under this subsection and shall
138	continue to apply to any permit which was previously included
139	under and subject to such provisions before a conversion
140	pursuant to this section occurred.
141	Section 4.  Paragraph (b) of subsection (1) and paragraphs
142	(b) and (c) of subsection (3) of section 550.0951, Florida
143	Statutes, are amended to read:
144	550.0951  Payment of daily license fee and taxes;
145	penalties.-
146	(1)
147	(b)  Each permitholder that cannot utilize the full amount
148	of the exemption of $360,000 or $500,000 provided in s.
149	550.09514(1) or the daily license fee credit provided in this
150	section may, at any time after notifying the division in
151	writing, elect once per state fiscal year on a form provided by
152	the division, to transfer such exemption or credit or any
153	portion thereof to any greyhound permitholder which acts as a
154	host track to such permitholder for the purpose of intertrack
155	wagering. Once an election to transfer such exemption or credit
156	is filed with the division, it shall not be rescinded. The
157	division shall disapprove the transfer when the amount of the
158	exemption or credit or portion thereof is unavailable to the
159	transferring permitholder for any reason, including being
160	unavailable because the transferring permitholder did not
161	conduct at least 100 live performances of at least eight races
162	during the fiscal year, or when the permitholder who is entitled
163	to transfer the exemption or credit or who is entitled to
164	receive the exemption or credit owes taxes to the state pursuant
165	to a deficiency letter or administrative complaint issued by the
166	division. Upon approval of the transfer by the division, the
167	transferred tax exemption or credit shall be effective for the
168	first performance of the next payment period as specified in
169	subsection (5). The exemption or credit transferred to such host
170	track may be applied by such host track against any taxes
171	imposed by this chapter or daily license fees imposed by this
172	chapter. The greyhound permitholder host track to which such
173	exemption or credit is transferred shall reimburse such
174	permitholder the exact monetary value of such transferred
175	exemption or credit as actually applied against the taxes and
176	daily license fees of the host track. The division shall ensure
177	that all transfers of exemption or credit are made in accordance
178	with this subsection and shall have the authority to adopt rules
179	to ensure the implementation of this section.
180	(3)  TAX ON HANDLE.-Each permitholder shall pay a tax on
181	contributions to pari-mutuel pools, the aggregate of which is
182	hereinafter referred to as "handle," on races or games conducted
183	by the permitholder. The tax is imposed daily and is based on
184	the total contributions to all pari-mutuel pools conducted
185	during the daily performance. If a permitholder conducts more
186	than one performance daily, the tax is imposed on each
187	performance separately.
188	(b)1.  The tax on handle for dogracing is 3.45 5.5 percent
189	of the handle, except that for live charity performances held
190	pursuant to s. 550.0351, and for intertrack wagering on such
191	charity performances at a guest greyhound track within the
192	market area of the host, the tax is 7.6 percent of the handle.
193	2.  The tax on handle for jai alai is 7.1 percent of the
194	handle.
195	(c)1.  The tax on handle for intertrack wagering is 2.0
196	percent of the handle if the host track is a horse track, 3.3
197	percent if the host track is a harness track, 3.45 5.5 percent
198	if the host track is a dog track, and 7.1 percent if the host
199	track is a jai alai fronton. The tax on handle for intertrack
200	wagering is 0.5 percent if the host track and the guest track
201	are thoroughbred permitholders or at facilities other than dog
202	tracks if the guest track is located outside the market area of
203	the host track and within the market area of a thoroughbred
204	permitholder currently conducting a live race meet. The tax on
205	handle for intertrack wagering is 1.5 percent if the host track
206	and the guest track are greyhound permitholders and the guest
207	track is located outside the market area of the host track and
208	within the market area of a thoroughbred permitholder currently
209	conducting a live race meet. The tax on handle for intertrack
210	wagering on rebroadcasts of simulcast thoroughbred horseraces is
211	2.4 percent of the handle and 1.5 percent of the handle for
212	intertrack wagering on rebroadcasts of simulcast harness
213	horseraces. The tax shall be deposited into the Pari-mutuel
214	Wagering Trust Fund.
215	2.  The tax on handle for intertrack wagers is accepted by
216	any dog track located in an area of the state in which there are
217	only three permitholders, all of which are greyhound
218	permitholders, located in three contiguous counties, from any
219	greyhound permitholder also located within such area or any dog
220	track or jai alai fronton located as specified in s. 550.615(6)
221	or (9), on races or games received from the same class of
222	permitholder located within the same market area is 3.9 percent
223	if the host facility is a greyhound permitholder and, if the
224	host facility is a jai alai permitholder, the rate shall be 6.1
225	percent if the host facility is a jai alai permitholder, except
226	that it shall be 2.3 percent on handle at such time as the total
227	tax on intertrack handle paid to the division by the
228	permitholder during the current state fiscal year exceeds the
229	total tax on intertrack handle paid to the division by the
230	permitholder during the 1992-1993 state fiscal year.
231	Section 5.  Paragraphs (b), (c), and (e) of subsection (2)
232	of section 550.09514, Florida Statutes, are amended to read:
233	550.09514  Greyhound dogracing taxes; purse requirements.-
234	(2)
235	(b)  Except as otherwise set forth herein, in addition to
236	the minimum purse percentage required by paragraph (a), each
237	permitholder conducting live racing during a fiscal year shall
238	pay as purses an annual amount equal to 75 percent of the daily
239	license fees paid by each permitholder for the 1994-1995 fiscal
240	year. This purse supplement shall be disbursed weekly during the
241	permitholder's race meet in an amount determined by dividing the
242	annual purse supplement by the number of performances approved
243	for the permitholder pursuant to its annual license and
244	multiplying that amount by the number of performances conducted
245	each week. For the greyhound permitholders in the county where
246	there are two greyhound permitholders located as specified in s.
247	550.615(6), such permitholders shall pay in the aggregate an
248	amount equal to 75 percent of the daily license fees paid by
249	such permitholders for the 1994-1995 fiscal year. These
250	permitholders shall be jointly and severally liable for such
251	purse payments. The additional purses provided by this paragraph
252	must be used exclusively for purses other than stakes. The
253	division shall conduct audits necessary to ensure compliance
254	with this section.
255	(c)1.  Each greyhound permitholder when conducting at least
256	three live performances during any week shall pay purses in that
257	week on wagers it accepts as a guest track on intertrack and
258	simulcast greyhound races at the same rate as it pays on live
259	races. Each greyhound permitholder when conducting at least
260	three live performances during any week shall pay purses in that
261	week, at the same rate as it pays on live races, on wagers
262	accepted on greyhound races at a guest track which is not
263	conducting live racing and is located within the same market
264	area as the greyhound permitholder conducting at least three
265	live performances during any week.
266	2.  Each host greyhound permitholder shall pay purses on
267	its simulcast and intertrack broadcasts of greyhound races to
268	guest facilities that are located outside its market area in an
269	amount equal to one quarter of an amount determined by
270	subtracting the transmission costs of sending the simulcast or
271	intertrack broadcasts from an amount determined by adding the
272	fees received for greyhound simulcast races plus 3 percent of
273	the greyhound intertrack handle at guest facilities that are
274	located outside the market area of the host and that paid
275	contractual fees to the host for such broadcasts of greyhound
276	races. For guest greyhound permitholders not conducting live
277	racing during a fiscal year and not subject to the purse
278	requirements of subparagraph 1., 3 percent of the greyhound
279	intertrack handle shall be paid to the host greyhound
280	permitholder for payment of purses at the host track.
281	(e)  In addition to the purse requirements of paragraphs
282	(a)-(c), each greyhound permitholder shall pay as purses an
283	amount equal to one-third of the amount of the tax reduction on
284	live and simulcast handle applicable to such permitholder as a
285	result of the reductions in tax rates provided by this act
286	through the amendments to s. 550.0951(3). With respect to
287	intertrack wagering when the host and guest tracks are greyhound
288	permitholders not within the same market area, an amount equal
289	to the tax reduction applicable to the guest track handle as a
290	result of any reductions the reduction in tax rates rate
291	provided by this act through the amendment to s. 550.0951(3),
292	other than revisions to s. 550.0951(3)(c)1. and 2. made after
293	December 31, 2010, shall be distributed to the guest track, one-
294	third of which amount shall be paid as purses at the guest
295	track. However, if the guest track is a greyhound permitholder
296	within the market area of the host or if the guest track is not
297	a greyhound permitholder, an amount equal to such tax reduction
298	applicable to the guest track handle shall be retained by the
299	host track, one-third of which amount shall be paid as purses at
300	the host track. These purse funds shall be disbursed in the week
301	received if the permitholder conducts at least one live
302	performance during that week. If the permitholder does not
303	conduct at least one live performance during the week in which
304	the purse funds are received, the purse funds shall be disbursed
305	weekly during the permitholder's next race meet in an amount
306	determined by dividing the purse amount by the number of
307	performances approved for the permitholder pursuant to its
308	annual license, and multiplying that amount by the number of
309	performances conducted each week. The division shall conduct
310	audits necessary to ensure compliance with this paragraph.
311	Section 6.  Subsection (1) of section 550.26165, Florida
312	Statutes, is amended to read:
313	550.26165  Breeders' awards.-
314	(1)  The purpose of this section is to encourage the
315	agricultural activity of breeding and training racehorses in
316	this state. Moneys dedicated in this chapter for use as
317	breeders' awards and stallion awards are to be used for awards
318	to breeders of registered Florida-bred horses winning horseraces
319	and for similar awards to the owners of stallions who sired
320	Florida-bred horses winning stakes races, if the stallions are
321	registered as Florida stallions standing in this state. Such
322	awards shall be given at a uniform rate to all winners of the
323	awards, shall not be greater than 20 percent of the announced
324	gross purse, and shall not be less than 15 percent of the
325	announced gross purse if funds are available. In addition, no
326	less than 17 percent nor more than 40 percent, as determined by
327	the Florida Thoroughbred Breeders' Association, of the moneys
328	dedicated in this chapter for use as breeders' awards and
329	stallion awards for thoroughbreds shall be returned pro rata to
330	the permitholders that generated the moneys for special racing
331	awards to be distributed by the permitholders to owners of
332	thoroughbred horses participating in prescribed thoroughbred
333	stakes races, nonstakes races, or both, all in accordance with a
334	written agreement establishing the rate, procedure, and
335	eligibility requirements for such awards entered into by the
336	permitholder, the Florida Thoroughbred Breeders' Association,
337	and the Florida Horsemen's Benevolent and Protective
338	Association, Inc., except that the plan for the distribution by
339	any permitholder located in the area described in s.
340	550.615(8)(9) shall be agreed upon by that permitholder, the
341	Florida Thoroughbred Breeders' Association, and the association
342	representing a majority of the thoroughbred racehorse owners and
343	trainers at that location. Awards for thoroughbred races are to
344	be paid through the Florida Thoroughbred Breeders' Association,
345	and awards for standardbred races are to be paid through the
346	Florida Standardbred Breeders and Owners Association. Among
347	other sources specified in this chapter, moneys for thoroughbred
348	breeders' awards will come from the 0.955 percent of handle for
349	thoroughbred races conducted, received, broadcast, or simulcast
350	under this chapter as provided in s. 550.2625(3). The moneys for
351	quarter horse and harness breeders' awards will come from the
352	breaks and uncashed tickets on live quarter horse and harness
353	racing performances and 1 percent of handle on intertrack
354	wagering. The funds for these breeders' awards shall be paid to
355	the respective breeders' associations by the permitholders
356	conducting the races.
357	Section 7.  Section 550.615, Florida Statutes, is amended
358	to read:
359	550.615  Intertrack wagering.-
360	(1)  Any horserace permitholder licensed under this chapter
361	which has conducted a full schedule of live racing may, at any
362	time, receive broadcasts of horseraces and accept wagers on
363	horseraces conducted by horserace permitholders licensed under
364	this chapter at its facility.
365	(2)  A Any track or fronton licensed under this chapter
366	that conducted a full schedule of live racing or games which in
367	the preceding year, any greyhound permitholder that has held an
368	annual license to conduct pari-mutuel wagering activities in
369	each of the preceding 10 years, or any greyhound permitholder
370	converted pursuant to s. 550.054(14) conducted a full schedule
371	of live racing is qualified to, at any time, receive broadcasts
372	of any class of pari-mutuel race or game and accept wagers on
373	such races or games conducted by any class of permitholders
374	licensed under this chapter.
375	(3)  If a permitholder elects to broadcast its signal to
376	any permitholder in this state, any permitholder that is
377	eligible to conduct intertrack wagering under the provisions of
378	ss. 550.615-550.6345 is entitled to receive the broadcast and
379	conduct intertrack wagering under this section; provided,
380	however, that the host track may require a guest track within 25
381	miles of another permitholder to receive in any week at least 60
382	percent of the live races that the host track is making
383	available on the days that the guest track is otherwise
384	operating live races or games. A host track may require a guest
385	track not operating live races or games and within 25 miles of
386	another permitholder to accept within any week at least 60
387	percent of the live races that the host track is making
388	available. A person may not restrain or attempt to restrain any
389	permitholder that is otherwise authorized to conduct intertrack
390	wagering from receiving the signal of any other permitholder or
391	sending its signal to any permitholder.
392	(4)  In no event shall any intertrack wager be accepted on
393	the same class of live races or games of any permitholder
394	without the written consent of such operating permitholders
395	conducting the same class of live races or games if the guest
396	track is within the market area of such operating permitholder.
397	A greyhound permitholder that accepts intertrack wagers on live
398	greyhound signals is not required to obtain the written consent
399	required by this subsection from any operating greyhound
400	permitholder within its market area.
401	(5)  No permitholder within the market area of the host
402	track shall take an intertrack wager on the host track without
403	the consent of the host track.
404	(6)  Notwithstanding the provisions of subsection (3), in
405	any area of the state where there are three or more horserace
406	permitholders within 25 miles of each other, intertrack wagering
407	between permitholders in said area of the state shall only be
408	authorized under the following conditions: Any permitholder,
409	other than a thoroughbred permitholder, may accept intertrack
410	wagers on races or games conducted live by a permitholder of the
411	same class or any harness permitholder located within such area
412	and any harness permitholder may accept wagers on games
413	conducted live by any jai alai permitholder located within its
414	market area and from a jai alai permitholder located within the
415	area specified in this subsection when no jai alai permitholder
416	located within its market area is conducting live jai alai
417	performances; any greyhound or jai alai permitholder may receive
418	broadcasts of and accept wagers on any permitholder of the other
419	class provided that a permitholder, other than the host track,
420	of such other class is not operating a contemporaneous live
421	performance within the market area.
422	(7)  In any county of the state where there are only two
423	permits, one for dogracing and one for jai alai, no intertrack
424	wager may be taken during the period of time when a permitholder
425	is not licensed to conduct live races or games without the
426	written consent of the other permitholder that is conducting
427	live races or games. However, if neither permitholder is
428	conducting live races or games, either permitholder may accept
429	intertrack wagers on horseraces or on the same class of races or
430	games, or on both horseraces and the same class of races or
431	games as is authorized by its permit.
432	(7)(8)  In any three contiguous counties of the state where
433	there are only three permitholders, all of which are greyhound
434	permitholders, If any greyhound permitholder leases the facility
435	of another greyhound permitholder for the purpose of conducting
436	all or any portion of the conduct of its live race meet pursuant
437	to s. 550.475, such lessee may conduct intertrack wagering at
438	its pre-lease permitted facility throughout the entire year,
439	including while its race live meet is being conducted at the
440	leased facility, if such permitholder has conducted a full
441	schedule of live racing during the preceding fiscal year at its
442	pre-lease permitted facility or at a leased facility, or
443	combination thereof.
444	(8)(9)  In any two contiguous counties of the state in
445	which there are located only four active permits, one for
446	thoroughbred horse racing, two for greyhound dogracing, and one
447	for jai alai games, no intertrack wager may be accepted on the
448	same class of live races or games of any permitholder without
449	the written consent of such operating permitholders conducting
450	the same class of live races or games if the guest track is
451	within the market area of such operating permitholder.
452	(9)(10)  All costs of receiving the transmission of the
453	broadcasts shall be borne by the guest track; and all costs of
454	sending the broadcasts shall be borne by the host track.
455	Section 8.  Paragraph (g) of subsection (9) of section
456	550.6305, Florida Statutes, is amended to read:
457	550.6305  Intertrack wagering; guest track payments;
458	accounting rules.-
459	(9)  A host track that has contracted with an out-of-state
460	horse track to broadcast live races conducted at such out-of-
461	state horse track pursuant to s. 550.3551(5) may broadcast such
462	out-of-state races to any guest track and accept wagers thereon
463	in the same manner as is provided in s. 550.3551.
464	(g)1.  Any thoroughbred permitholder which accepts wagers
465	on a simulcast signal must make the signal available to any
466	permitholder that is eligible to conduct intertrack wagering
467	under the provisions of ss. 550.615-550.6345.
468	2.  Any thoroughbred permitholder which accepts wagers on a
469	simulcast signal received after 6 p.m. must make such signal
470	available to any permitholder that is eligible to conduct
471	intertrack wagering under the provisions of ss. 550.615-
472	550.6345, including any permitholder located as specified in s.
473	550.615(6). Such guest permitholders are authorized to accept
474	wagers on such simulcast signal, notwithstanding any other
475	provision of this chapter to the contrary.
476	3.  Any thoroughbred permitholder which accepts wagers on a
477	simulcast signal received after 6 p.m. must make such signal
478	available to any permitholder that is eligible to conduct
479	intertrack wagering under the provisions of ss. 550.615-
480	550.6345, including any permitholder located as specified in s.
481	550.615(8)(9). Such guest permitholders are authorized to accept
482	wagers on such simulcast signals for a number of performances
483	not to exceed that which constitutes a full schedule of live
484	races for a quarter horse permitholder pursuant to s.
485	550.002(11), notwithstanding any other provision of this chapter
486	to the contrary, except that the restrictions provided in s.
487	550.615(8)(9)(a) apply to wagers on such simulcast signals.
488
489	No thoroughbred permitholder shall be required to continue to
490	rebroadcast a simulcast signal to any in-state permitholder if
491	the average per performance gross receipts returned to the host
492	permitholder over the preceding 30-day period were less than
493	$100. Subject to the provisions of s. 550.615(4), as a condition
494	of receiving rebroadcasts of thoroughbred simulcast signals
495	under this paragraph, a guest permitholder must accept
496	intertrack wagers on all live races conducted by all then-
497	operating thoroughbred permitholders.
498	Section 9.  Paragraph (c) of subsection (4) of section
499	551.104, Florida Statutes, is amended to read:
500	551.104  License to conduct slot machine gaming.-
501	(4)  As a condition of licensure and to maintain continued
502	authority for the conduct of slot machine gaming, the slot
503	machine licensee shall:
504	(c)  Conduct no fewer than a full schedule of live racing
505	or games as defined in s. 550.002(11), except for holders of
506	greyhound permits, which have no live racing requirement. A
507	permitholder's responsibility to conduct such number of live
508	races or games shall be reduced by the number of races or games
509	that could not be conducted due to the direct result of fire,
510	war, hurricane, or other disaster or event beyond the control of
511	the permitholder.
512	Section 10.  Subsections (2) and (4) of section 551.114,
513	Florida Statutes, are amended to read:
514	551.114  Slot machine gaming areas.-
515	(2)  The slot machine licensee shall display pari-mutuel
516	races or games within the designated slot machine gaming areas
517	and offer patrons within the designated slot machine gaming
518	areas the ability to engage in pari-mutuel wagering on any live,
519	intertrack, and simulcast races conducted or offered to patrons
520	of the licensed facility.
521	(4)  Designated slot machine gaming areas may be located
522	within the current live gaming facility or in an existing
523	building that must be contiguous and connected to the live
524	gaming facility, if applicable. If a designated slot machine
525	gaming area is to be located in a building that is to be
526	constructed, that new building must be contiguous and connected
527	to the live gaming facility.
528	Section 11.  Paragraphs (a) and (b) of subsection (5) and
529	paragraph (d) of subsection (13) of section 849.086, Florida
530	Statutes, are amended to read:
531	849.086  Cardrooms authorized.-
532	(5)  LICENSE REQUIRED; APPLICATION; FEES.-No person may
533	operate a cardroom in this state unless such person holds a
534	valid cardroom license issued pursuant to this section.
535	(a)  Only those persons holding a valid cardroom license
536	issued by the division may operate a cardroom. A cardroom
537	license may only be issued to a licensed pari-mutuel
538	permitholder and an authorized cardroom may only be operated at
539	the same facility at which the permitholder is authorized under
540	its valid pari-mutuel wagering permit to conduct pari-mutuel
541	wagering activities. An initial cardroom license shall be issued
542	to a pari-mutuel permitholder only after its facilities are in
543	place and, except for greyhound permitholders, after it conducts
544	its first day of live racing or games. A greyhound permitholder
545	that has conducted live racing during each of the 10 years
546	immediately preceding its application for a cardroom license or
547	a greyhound permitholder converted pursuant to s. 550.054(14)
548	shall be issued a cardroom license without regard to licensure
549	for or actual conduct of live racing.
550	(b)  Except for greyhound permitholders After the initial
551	cardroom license is granted, the application for the annual
552	license renewal shall be made in conjunction with the
553	applicant's annual application for its pari-mutuel license. If a
554	permitholder has operated a cardroom during any of the 3
555	previous fiscal years and fails to include a renewal request for
556	the operation of the cardroom in its annual application for
557	license renewal, the permitholder may amend its annual
558	application to include operation of the cardroom. In order for a
559	cardroom license to be renewed the applicant must have
560	requested, as part of its pari-mutuel annual license
561	application, to conduct at least 90 percent of the total number
562	of live performances conducted by such permitholder during
563	either the state fiscal year in which its initial cardroom
564	license was issued or the state fiscal year immediately prior
565	thereto if the permitholder ran at least a full schedule of live
566	racing or games in the prior year. If the application is for a
567	harness permitholder cardroom, the applicant must have requested
568	authorization to conduct a minimum of 140 live performances
569	during the state fiscal year immediately prior thereto. If more
570	than one permitholder is operating at a facility, each
571	permitholder must have applied for a license to conduct a full
572	schedule of live racing. However, no corresponding pari-mutuel
573	license application or minimum numbers of requested or conducted
574	live performances is required in order for a greyhound
575	permitholder to maintain or renew a cardroom license.
576	(13)  TAXES AND OTHER PAYMENTS.-
577	(d)1.  Each greyhound and jai alai permitholder that
578	operates a cardroom facility shall use at least 4 percent of
579	such permitholder's cardroom monthly gross receipts to
580	supplement greyhound purses if live racing is conducted during a
581	fiscal year, or jai alai prize money, respectively, during the
582	permitholder's current or next ensuing pari-mutuel meet.
583	2.  Each thoroughbred and harness horse racing permitholder
584	that operates a cardroom facility shall use at least 50 percent
585	of such permitholder's cardroom monthly net proceeds as follows:
586	47 percent to supplement purses and 3 percent to supplement
587	breeders' awards during the permitholder's next ensuing racing
588	meet.
589	3.  No cardroom license or renewal thereof shall be issued
590	to an applicant holding a permit under chapter 550 to conduct
591	pari-mutuel wagering meets of quarter horse racing unless the
592	applicant has on file with the division a binding written
593	agreement between the applicant and the Florida Quarter Horse
594	Racing Association or the association representing a majority of
595	the horse owners and trainers at the applicant's eligible
596	facility, governing the payment of purses on live quarter horse
597	races conducted at the licensee's pari-mutuel facility. The
598	agreement governing purses may direct the payment of such purses
599	from revenues generated by any wagering or gaming the applicant
600	is authorized to conduct under Florida law. All purses shall be
601	subject to the terms of chapter 550.
602	Section 12.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.