Bill Text: FL S1420 | 2012 | Regular Session | Introduced
Bill Title: Pari-mutuels
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Regulated Industries [S1420 Detail]
Download: Florida-2012-S1420-Introduced.html
Florida Senate - 2012 SB 1420 By Senator Latvala 16-01126C-12 20121420__ 1 A bill to be entitled 2 An act relating to pari-mutuels; amending s. 550.002, 3 F.S.; redefining the term “full schedule of live 4 racing or games” to increase the minimum number of 5 performances required during certain weeks at a 6 permitholder’s facility under a single admission 7 charge; repealing s. 550.0745, F.S., relating to the 8 conversion of a pari-mutuel permit to a summer jai 9 alai permit; amending s. 550.09512, F.S.; deleting 10 provisions related to the voiding and reissue of a 11 harness horse permit for failure to operate or pay tax 12 on handle; deleting a severability clause; amending s. 13 550.09515, F.S.; deleting provisions related to the 14 voiding and reissue of a thoroughbred horse permit for 15 failure to operate or pay tax on handle; deleting a 16 severability clause and an obsolete provision; 17 amending s. 550.3345, F.S.; specifying a full schedule 18 of live racing for a not-for-profit thoroughbred 19 permitholder; amending s. 550.375, F.S.; removing 20 certain time restrictions for permits or licenses for 21 harness racing following a transfer of location; 22 amending s. 550.5251, F.S.; removing certain time 23 restrictions for permits or licenses for thoroughbred 24 racing; amending s. 550.6308, F.S.; reducing the 25 number of days of thoroughbred horse sales required 26 for licensure for limited intertrack wagering at a 27 permanent sales facility; removing a provision 28 requiring that thoroughbred sales be conducted for 3 29 consecutive years and nonwagering thoroughbred racing 30 with a certain purse amount be conducted for 2 31 consecutive years at the permanent sales facility in 32 order to qualify for licensure; removing a provision 33 allowing only one such license to be issued and 34 prohibiting licenses from being issued within a 35 specified proximity of a thoroughbred permitholder’s 36 track; removing provisions governing the selection of 37 a single licensee; amending s. 849.086, F.S.; removing 38 a provision allowing certain permitholders to amend 39 their annual applications for licensure to include 40 operation of a cardroom; requiring an applicant for 41 renewal of a cardroom license to conduct a certain 42 percentage of its total number of live performances 43 during the immediately prior state fiscal year and to 44 conduct at least a full schedule of live racing; 45 providing a statement of legislative intent; providing 46 a 6-month opportunity for the conversion of a quarter 47 horse permit to a thoroughbred permit and the 48 reissuance of a quarter horse permit; providing 49 criteria and limitations; authorizing a permitholder 50 that is converting its quarter horse permit to a 51 thoroughbred permit to apply for and receive another 52 quarter horse pari-mutuel permit for the same 53 location; providing for future expiration of such 54 provisions; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Subsection (11) of section 550.002, Florida 59 Statutes, is amended to read: 60 550.002 Definitions.—As used in this chapter, the term: 61 (11) “Full schedule of live racing or games” means, for a 62 greyhound or jai alai permitholder, the conduct of a combination 63 of at least 100 live evening or matinee performances during the 64 preceding year; for a permitholder who has a converted permit or 65 filed an application on or before June 1, 1990, for a converted 66 permit, the conduct of a combination of at least 100 live 67 evening and matinee wagering performances during either of the 2 68 preceding years; for a jai alai permitholder who does not 69 operate slot machines in its pari-mutuel facility, who has 70 conducted at least 100 live performances per year for at least 71 10 years after December 31, 1992, and whose handle on live jai 72 alai games conducted at its pari-mutuel facility has been less 73 than $4 million per state fiscal year for at least 2 consecutive 74 years after June 30, 1992, the conduct of a combination of at 75 least 40 live evening or matinee performances during the 76 preceding year; for a jai alai permitholder who operates slot 77 machines in its pari-mutuel facility, the conduct of a 78 combination of at least 150 performances during the preceding 79 year; for a harness permitholder, the conduct of at least 100 80 live regular wagering performances during the preceding year; 81 for a quarter horse permitholder at its facility unless an 82 alternative schedule of at least 20 live regular wagering 83 performances is agreed upon by the permitholder and either the 84 Florida Quarter Horse Racing Association or the horsemen’s 85 association representing the majority of the quarter horse 86 owners and trainers at the facility and filed with the division 87 along with its annual date application, in the 2010-2011 fiscal 88 year, the conduct of at least 20 regular wagering performances, 89 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at 90 least 30 live regular wagering performances, and for every 91 fiscal year after the 2012-2013 fiscal year, the conduct of at 92 least 40 live regular wagering performances; for a quarter horse 93 permitholder leasing another licensed racetrack, the conduct of 94 160 events at the leased facility; and for a thoroughbred 95 permitholder, the conduct of at least 40 live regular wagering 96 performances during the preceding year. For a permitholder which 97 is restricted by statute to certain operating periods within the 98 year when other members of its same class of permit are 99 authorized to operate throughout the year, the specified number 100 of live performances which constitute a full schedule of live 101 racing or games shall be adjusted pro rata in accordance with 102 the relationship between its authorized operating period and the 103 full calendar year and the resulting specified number of live 104 performances shall constitute the full schedule of live games 105 for such permitholder and all other permitholders of the same 106 class within 100 air miles of such permitholder. A live 107 performance must consist of no fewer than eight races or games 108 conducted live for each of a minimum of three performances each 109 week at the permitholder’s licensed facility under a single 110 admission charge during the months of June through September. 111 For the months of October through May, a minimum of four 112 performances each week are required. For the purpose of this 113 subsection, the calculation of a week is the period beginning at 114 12 a.m. Monday and ending at 11:59 p.m. Sunday. 115 Section 2. Section 550.0745, Florida Statutes, is repealed. 116 Section 3. Subsections (3) and (4) of section 550.09512, 117 Florida Statutes, are amended to read: 118 550.09512 Harness horse taxes; abandoned interest in a 119 permit for nonpayment of taxes.— 120(3)(a) The permit of a harness horse permitholder who does121not pay tax on handle for live harness horse performances for a122full schedule of live races during any 2 consecutive state123fiscal years shall be void and shall escheat to and become the124property of the state unless such failure to operate and pay tax125on handle was the direct result of fire, strike, war, or other126disaster or event beyond the ability of the permitholder to127control. Financial hardship to the permitholder shall not, in128and of itself, constitute just cause for failure to operate and129pay tax on handle.130(b) In order to maximize the tax revenues to the state, the131division shall reissue an escheated harness horse permit to a132qualified applicant pursuant to the provisions of this chapter133as for the issuance of an initial permit. However, the134provisions of this chapter relating to referendum requirements135for a pari-mutuel permit shall not apply to the reissuance of an136escheated harness horse permit. As specified in the application137and upon approval by the division of an application for the138permit, the new permitholder shall be authorized to operate a139harness horse facility anywhere in the same county in which the140escheated permit was authorized to be operated, notwithstanding141the provisions of s.550.054(2) relating to mileage limitations.142(4) In the event that a court of competent jurisdiction143determines any of the provisions of this section to be144unconstitutional, it is the intent of the Legislature that the145provisions contained in this section shall be null and void and146that the provisions of s.550.0951shall apply to all harness147horse permitholders beginning on the date of such judicial148determination. To this end, the Legislature declares that it149would not have enacted any of the provisions of this section150individually and, to that end, expressly finds them not to be151severable.152 Section 4. Subsections (3), (4), (5), (6), and (7) of 153 section 550.09515, Florida Statutes, are amended to read: 154 550.09515 Thoroughbred horse taxes; abandoned interest in a 155 permit for nonpayment of taxes.— 156(3)(a) The permit of a thoroughbred horse permitholder who157does not pay tax on handle for live thoroughbred horse158performances for a full schedule of live races during any 2159consecutive state fiscal years shall be void and shall escheat160to and become the property of the state unless such failure to161operate and pay tax on handle was the direct result of fire,162strike, war, or other disaster or event beyond the ability of163the permitholder to control. Financial hardship to the164permitholder shall not, in and of itself, constitute just cause165for failure to operate and pay tax on handle.166(b) In order to maximize the tax revenues to the state, the167division shall reissue an escheated thoroughbred horse permit to168a qualified applicant pursuant to the provisions of this chapter169as for the issuance of an initial permit. However, the170provisions of this chapter relating to referendum requirements171for a pari-mutuel permit shall not apply to the reissuance of an172escheated thoroughbred horse permit. As specified in the173application and upon approval by the division of an application174for the permit, the new permitholder shall be authorized to175operate a thoroughbred horse facility anywhere in the same176county in which the escheated permit was authorized to be177operated, notwithstanding the provisions of s.550.054(2)178relating to mileage limitations.179(4) In the event that a court of competent jurisdiction180determines any of the provisions of this section to be181unconstitutional, it is the intent of the Legislature that the182provisions contained in this section shall be null and void and183that the provisions of s.550.0951shall apply to all184thoroughbred horse permitholders beginning on the date of such185judicial determination. To this end, the Legislature declares186that it would not have enacted any of the provisions of this187section individually and, to that end, expressly finds them not188to be severable.189 (3)(5)Notwithstanding the provisions of s. 550.0951(3)(c), 190 the tax on handle for intertrack wagering on rebroadcasts of 191 simulcast horseraces is 2.4 percent of the handle; provided 192 however, that if the guest track is a thoroughbred track located 193 more than 35 miles from the host track, the host track shall pay 194 a tax of .5 percent of the handle, and additionally the host 195 track shall pay to the guest track 1.9 percent of the handle to 196 be used by the guest track solely for purses. The tax shall be 197 deposited into the Pari-mutuel Wagering Trust Fund. 198 (4)(6)A credit equal to the amount of contributions made 199 by a thoroughbred permitholder during the taxable year directly 200 to the Jockeys’ Guild or its health and welfare fund to be used 201 to provide health and welfare benefits for active, disabled, and 202 retired Florida jockeys and their dependents pursuant to 203 reasonable rules of eligibility established by the Jockeys’ 204 Guild is allowed against taxes on live handle due for a taxable 205 year under this section. A thoroughbred permitholder may not 206 receive a credit greater than an amount equal to 1 percent of 207 its paid taxes for the previous taxable year. 208(7) If a thoroughbred permitholder fails to operate all209performances on its 2001-2002 license, failure to pay tax on210handle for a full schedule of live races for those performances211in the 2001-2002 fiscal year does not constitute failure to pay212taxes on handle for a full schedule of live races in a fiscal213year for the purposes of subsection (3). This subsection may not214be construed as forgiving a thoroughbred permitholder from215paying taxes on performances conducted at its facility pursuant216to its 2001-2002 license other than for failure to operate all217performances on its 2001-2002 license. This subsection expires218July 1, 2003.219 Section 5. Subsection (3) of section 550.3345, Florida 220 Statutes, is amended to read: 221 550.3345 Conversion of quarter horse permit to a limited 222 thoroughbred permit.— 223 (3) Unless otherwise provided in this section, after 224 conversion, the permit and the not-for-profit corporation shall 225 be treated under the laws of this state as a thoroughbred permit 226 and as a thoroughbred permitholder, respectively, with the227exception of s.550.09515(3). However, a full schedule of live 228 racing for a not-for-profit thoroughbred permitholder is five 229 live regular wagering performances. 230 Section 6. Subsection (2) of section 550.375, Florida 231 Statutes, is amended, and present subsections (3) through (6) of 232 that section are renumbered as subsections (2) through (5), 233 respectively, to read: 234 550.375 Operation of certain harness tracks.— 235(2) Any permittee or licensee authorized under this section236to transfer the location of its permit may conduct harness237racing only between the hours of 7 p.m. and 2 a.m. A permit so238transferred applies only to the locations provided in this239section. The provisions of this chapter which prohibit the240location and operation of a licensed harness track permittee and241licensee within 100 air miles of the location of a racetrack242authorized to conduct racing under this chapter and which243prohibit the division from granting any permit to a harness244track at a location in the area in which there are three horse245tracks located within 100 air miles thereof do not apply to a246licensed harness track that is required by the terms of this247section to race between the hours of 7 p.m. and 2 a.m.248 Section 7. Subsection (2) of section 550.5251, Florida 249 Statutes, is amended to read: 250 550.5251 Florida thoroughbred racing; certain permits; 251 operating days.— 252 (2)A thoroughbred racing permitholder may not begin any253race later than 7 p.m.Any thoroughbred permitholder in a county 254 in which the authority for cardrooms has been approved by the 255 board of county commissioners may operate a cardroom and, when 256 conducting live races during its current race meet, may receive 257 and rebroadcast out-of-state racesafter the hour of 7 p.m. on258any day during which the permitholder conducts live races. 259 Section 8. Section 550.6308, Florida Statutes, is amended 260 to read: 261 550.6308 Limited intertrack wagering license.—In 262 recognition of the economic importance of the thoroughbred 263 breeding industry to this state, its positive impact on tourism, 264 and of the importance of a permanent thoroughbred sales facility 265 as a key focal point for the activities of the industry, a 266 limited license to conduct intertrack wagering is established to 267 ensure the continued viability and public interest in 268 thoroughbred breeding in Florida. 269 (1) Upon application to the division on or before January 270 31 of each year, any person that is licensed to conduct public 271 sales of thoroughbred horses pursuant to s. 535.01, that has 272 conducted at least 815days of thoroughbred horse sales at a 273 permanent sales facility in this statefor at least 3274consecutive years, and that has conducted at least 1 day of275nonwagering thoroughbred racing in this state, with a purse276structure of at least $250,000 per year for 2 consecutive years277before such application,shall be issued a license, subject to 278 the conditions set forth in this section, to conduct intertrack 279 wagering at such a permanent sales facility during the following 280 periods: 281 (a) Up to 21 days in connection with thoroughbred sales; 282 (b) Between November 1 and May 8; 283 (c) Between May 9 and October 31 at such times and on such 284 days as any thoroughbred, jai alai, or a greyhound permitholder 285 in the same county is not conducting live performances; provided 286 that any such permitholder may waive this requirement, in whole 287 or in part, and allow the licensee under this section to conduct 288 intertrack wagering during one or more of the permitholder’s 289 live performances; and 290 (d) During the weekend of the Kentucky Derby, the 291 Preakness, the Belmont, and a Breeders’ Cup Meet that is 292 conducted before November 1 and after May 8. 293 294No more than one such license may be issued, and no such license295may be issued for a facility located within 50 miles of any296thoroughbred permitholder’s track.297(2) If more than one application is submitted for such298license, the division shall determine which applicant shall be299granted the license. In making its determination, the division300shall grant the license to the applicant demonstrating superior301capabilities, as measured by the length of time the applicant302has been conducting thoroughbred sales within this state or303elsewhere, the applicant’s total volume of thoroughbred horse304sales, within this state or elsewhere, the length of time the305applicant has maintained a permanent thoroughbred sales facility306in this state, and the quality of the facility.307 (2)(3)The applicant must comply with the provisions of ss. 308 550.125 and 550.1815. 309 (3)(4)Intertrack wagering under this section may be 310 conducted only on thoroughbred horse racing, except that 311 intertrack wagering may be conducted on any class of pari-mutuel 312 race or game conducted by any class of permitholders licensed 313 under this chapter if all thoroughbred, jai alai, and greyhound 314 permitholders in the same county as the licensee under this 315 section give their consent. 316 (4)(5)The licensee shall be considered a guest track under 317 this chapter. The licensee shall pay 2.5 percent of the total 318 contributions to the daily pari-mutuel pool on wagers accepted 319 at the licensee’s facility on greyhound races or jai alai games 320 to the thoroughbred permitholder that is conducting live races 321 for purses to be paid during its current racing meet. If more 322 than one thoroughbred permitholder is conducting live races on a 323 day during which the licensee is conducting intertrack wagering 324 on greyhound races or jai alai games, the licensee shall 325 allocate these funds between the operating thoroughbred 326 permitholders on a pro rata basis based on the total live handle 327 at the operating permitholders’ facilities. 328 Section 9. Paragraph (b) of subsection (5) of section 329 849.086, Florida Statutes, is amended to read: 330 849.086 Cardrooms authorized.— 331 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may 332 operate a cardroom in this state unless such person holds a 333 valid cardroom license issued pursuant to this section. 334 (b) After the initial cardroom license is granted, the 335 application for the annual license renewal shall be made in 336 conjunction with the applicant’s annual application for its 337 pari-mutuel license.If a permitholder has operated a cardroom338during any of the 3 previous fiscal years and fails to include a339renewal request for the operation of the cardroom in its annual340application for license renewal, the permitholder may amend its341annual application to include operation of the cardroom.In 342 order for a cardroom license to be renewed the applicant must 343 have requested, as part of its pari-mutuel annual license 344 application, to conduct at least 8090percent of the total 345 number of live performances conducted by such permitholder 346 duringeither the state fiscal year in which its initial347cardroom license was issued orthe state fiscal year immediately 348 prior thereto and conduct no less thanif the permitholder ran349at least a full schedule of live racing or games in the prior350year. If the application is for a harness permitholder cardroom,351the applicant must have requested authorization to conduct a352minimum of 140 live performances during the state fiscal year353immediately prior thereto. If more than one permitholder is354operating at a facility, each permitholder must have applied for355a license to conducta full schedule of live racing. 356 Section 10. Conversion of quarter horse permit to a 357 thoroughbred permit; reissuance of quarter horse permit.— 358 (1) In recognition of the important and long-standing 359 economic contribution of the thoroughbred horse breeding 360 industry to this state and the state’s vested interest in 361 promoting the continued viability of this agricultural activity, 362 the Legislature intends to provide a limited opportunity for the 363 conversion of a quarter horse pari-mutuel permit to a permit 364 authorizing the conducting of live thoroughbred horse racing. 365 (2) Notwithstanding any other provision of law, the holder 366 of both a quarter horse racing permit and a license to conduct 367 quarter horse racing issued under chapter 550, Florida Statutes, 368 may, by January 1, 2013, apply to the Division of Pari-mutuel 369 Wagering of the Department of Business and Professional 370 Regulation to convert the quarter horse racing permit to a 371 permit authorizing the holder to conduct pari-mutuel wagering 372 meets of thoroughbred racing. The conversion to a thoroughbred 373 pari-mutuel permit is not subject to the mileage limitation or 374 the ratification election as set forth under s. 550.054(2) or s. 375 550.0651, Florida Statutes. Upon receipt of the request for such 376 conversion, the division shall timely issue a converted permit. 377 (3) Racing under the permit may take place only at the 378 location for which the original quarter horse racing permit was 379 issued and is subject to all other laws and rules governing 380 thoroughbred racing. 381 (4) The permitholder converting its quarter horse permit 382 may also apply for and receive another quarter horse pari-mutuel 383 permit for the same location, notwithstanding any contrary 384 provision of law. Upon issuance by the division of this quarter 385 horse permit, such permit is subject to all laws and rules 386 governing quarter horse racing. 387 (5) This section expires July 1, 2013. 388 Section 11. This act shall take effect July 1, 2012.