HomeMy WebLinkAboutFlorida House of Representatives HB 1453 by Representative Bitner
Florida House of Representatives - 1999
By Representative Bitner
HB 14 5 3
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A bill to be entitled
An act relating to video lotteries for
educational facilities; amending s. 24.101,
F.S.; redesignating chapter 24 of the Florida
Statutes as the "Florida Public Education
Lottery Chapter"; amending ss. 24.102, 24.108,
24.111, 24.118, and 24.120, F.S., to conform;
making technical corrections within the
chapter; amending s. 24.103, F.S., relating to
definitions; defining the terms "video lottery
game," "video lottery terminal vendor," "net
terminal income," and "video lottery retailer";
amending s. 24.105, F.S.; providing duties of
the Department of the Lottery relating to
establishment and operation of video lottery
games; providing specific rulemaking authority;
amending s. 24.1055, F.S.; correcting a
reference; prohibiting participation of minors
in video lottery games; requiring warning
signs; providing criminal penalties; creating
s. 24.1121, F.S.; providing requirements for
video lottery games and retailers; providing
suspension powers to the Department of the
Lottery; providing for fines; providing for
enforcement of suspension orders or fines in
circuit court; providing for allocation of net
terminal income; providing for distribution of
proceeds; providing for transfer of funds into
the Public Education Capital Outlay and Debt
Service Trust Fund; prohibiting manipulation or
attempted manipulation of lottery games or
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HB 1453
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authority; creating s. 550.26325, F.S.,
relating to the distribution of funds from the
Video Lottery Thoroughbred Trust Fund;
requiring certain uses of distributed funds;
providing for periodic calculations for the
distribution of proceeds in future years;
amending s. 550.2625, F.S.; requiring that the
Division of Pari-Mutuel Wagering of the
Department of Business and Professional
Regulation adopt rules regarding the
distribution of certain awards and funds,
including video lottery proceeds, received for
distribution to thoroughbred owners and
breeders by pari-mutuel permitholders or by
horsemen's or breeders' associations; providing
administrative fines for underpaying purses or
awards; requiring periodic audited accountings
by permitholders and by horsemen's and
breeders' associations; creating s. 550.401,
F.S.; prohibiting the cancellation of certain
contracts by greyhound racing tracks; amending
s. 550.615, F.S.; providing that pari-mutuel
facilities are not required to broadcast their
intertrack signals to other facilities located
in the same county; requiring approval of
certain intertrack contracts; requiring written
consent of certain permitholders relating to
intertrack wagering; amending s. 550.6305,
F.S.; providing that pari-mutuel facilities are
not required to broadcast their intertrack
signals to other facilities located in the same
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1 have established a lengthy record of complying with the laws
2 of this state, and
3 WHEREAS, the amount which may be wagered at a licensed
4 facility has been unlimited, and
5 WHEREAS, there are a limited number of pari-mutuel
6 permits in Florida, and
7 WHEREAS, the Legislature has determined that permitting
8 video lottery terminals in licensed pari-mutuel facilities
9 will provide needed revenue for the construction of
10 educational facilities, enhance the economic vitality of the
11 pari-mutuel industry and the economic vitality of the State as
12 a whole, and ensure the protection of the public interests,
13 NOW, THEREFORE,
14
15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 24.101, Florida Statutes, is
18 amended to read:
19 24.101 Short title.--This chapter act may be cited as
20 the "Florida Public Education Lottery Chapter 1!tct."
21 Section 2. Section 24.102, Florida Statutes, is
22 amended to read:
23 24.102 Purpose and intent.--
24 (1) The purpose of this chapter act is to implement s.
25 15, Art. X of the State Constitution in a manner that enables
26 the people of the state to benefit from significant additional
27 moneys for education and also enables the people of the state
28 to play the best lottery games available.
29 (2) The intent of the Legislature is:
30 (a) That the net proceeds of lottery games conducted
31 pursuant to this chapter act be used to support improvements
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1 lottery game play purposes of a player's selections in any
2 lottery game involving player selections, any goods or
3 services involving the receiving of a player's selection
4 directly from a player in any lottery game involving player
5 selections, any goods or services involving the drawing,
6 determination, or generation of winners in any lottery game,
7 the security report services provided for in this chapter act,
8 or any goods and services relating to marketing and promotion
9 which exceed a value of $25,000.
10 (6) "Retailer" means a person who sells lottery
11 tickets on behalf of the department pursuant to a contract.
12 (7) "Vendor" means a person who provides or proposes
13 to provide goods or services to the department, but does not
14 include an employee of the department, a retailer, or a state
15 agency.
16 (8) "Video lottery game" means an electronically
17 simulated game involving any element of chance that is played
18 on a video lottery terminal that, upon insertion of cash,
19 tokens, credits, or voucher, is available to play or simulate
20 a lottery-type game, including, but not limited to, line-up
21 games utilizing a video display and microprocessors, and in
22 which, by means of an element of chance, the player may
23 receive credits that can be redeemed for cash. "Video lottery
24 game" also means an electronically simulated game involving
25 elements of chance and skill that is played on a video lottery
26 terminal that, upon insertion of cash, tokens, credits, or
27 voucher, is available to play or simulate the play of
28 traditional card games including, but not limited to, video
29 poker, utilizing a cathode ray tube or video display screen
30 and microprocessors, and in which the player may win credits
31 that can be redeemed for cash. "Video lottery game" also
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1 (2) (a) supervise and administer the operation of the
2 lottery in accordance with the provisions of this chapter act
3 and rules adopted pursuant thereto.
4 (b)l. Initiate the public sale of lottery tickets with
5 an instant game starting no later than January 15, 1988. If
6 the secretary finds that a state of emergency exists that
7 would prohibit the department from initiating such sale on or
8 before such date or that would cause the initiation of such
9 sale on or before such date to be clearly contrary to the
10 integrity of the state, the secretary shall certify such
11 finding to the Governor. If the Governor verifies such
12 finding, the department shall initiate the sale of lottery
13 tickets on the earliest feasible date after the abatement of
14 such state of emergency.
15 2. Also begin to operate on-line games no later than
16 May 1, 1988. If the secretary finds that a state of emergency
17 exists that would prohibit the department from initiating such
18 on-line games on or before such date or that would cause the
19 initiation of on-line games on or before such date to be
20 clearly contrary to the integrity of the state, the secretary
21 shall certify such finding to the Governor. If the Governor
22 verifies such finding, the department shall initiate the sale
23 of lottery tickets on the earliest feasible date after the
24 abatement of such state of emergency.
25 (3) For purposes of any investigation or proceeding
26 conducted by the department, have the power to administer
27 oaths, require affidavits, take depositions, issue subpoenas,
28 and compel the attendance of witnesses and the production of
29 books, papers, documents, and other evidence.
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1 (10) Have in place the capacity to support video
2 lottery games at facilities of video lottery retailers
3 beginning no later than October 1, 1999.
4 (11) Hear and decide promptly and in reasonable order
5 all license applications or proceedings for suspension or
6 revocation of licenses.
7 (12) Collect and disperse such revenue due the
8 department as described in this chapter.
9 (13) Certify net terminal income by inspecting
10 records, conducting audits, or any other reasonable means.
11 (14) Provide a list of approved vendors and maintain a
12 current list of all contracts between video lottery terminal
13 vendors and video lottery retailers.
14 (15) Approve an application as a video lottery
15 retailer, pursuant to s. 24.103(11) within 30 days of the
16 receipt of the application.
17 (16){rfrT Adopt rules governing the establishment and
18 operation of the state lottery, including:
19 (a) The type of lottery games to be conducted, except
20 that:
21 1. No name of an elected official shall appear on the
22 ticket or play slip of any lottery game or on any prize or on
23 any instrument used for the payment of prizes, unless such
24 prize is in the form of a state warrant.
25 2. No coins or currency shall be dispensed from any
26 electronic computer terminal or device used in any lottery
27 game.
28 3. Other than as provided in subparagraph 4., no
29 terminal or device may be used for any lottery game which may
30 be operated solely by the player without the assistance of the
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1 (f) The frequency of drawings or selections of winning
2 tickets.
3 (g) The number and type of locations at which tickets
4 may be purchased.
5 (h) The method to be used in selling tickets.
6 (i) The manner and amount of compensation of
7 retailers.
8 (j) Such other matters necessary or desirable for the
9 efficient or economical operation of the lottery or for the
10 convenience of the public.
11 (k) The regulation of video lottery retailers as
12 pertains to video lottery products.
13 (1) Specifications for video lottery terminals to be
14 approved and authorized as the department deems necessary to
15 maintain the integrity of video lottery games and terminals.
16 Initial rules sufficient to permit the operation of video
17 lotteries and the licensing of video lottery retailers shall
18 be adopted no later than August 1, 1999. The department shall
19 not provide for specifications which would have the result of
20 reducing to fewer than four the number of video lottery
21 terminal vendors who supply terminals which meet the
22 specifications.
23 (m) The licensure and regulation of video lottery
24 terminal vendors. The department shall not approve any person
25 as a video lottery terminal vendor if such person has an
26 interest in a video lottery retailer or a business
27 relationship with a video lottery retailer other than as a
28 vendor or lessor of video lottery terminals.
29 (17)+rrt Have the authority to hold copyrights,
30 trademarks, and service marks and enforce its rights with
31 respect thereto.
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1 winner consents to the release of such information or as
2 provided for in s. 24.115(4) or s. 409.2577.
3 (c) Any information made confidential and exempt from
4 the provisions of s. 119.07(1) under this subsection shall be
5 disclosed to a member of the commission, to the Auditor
6 General, or to the independent auditor selected under s.
7 24.123 upon such person's. request therefor. If the President
8 of the Senate or the Speaker of the House of Representatives
9 certifies that information made confidential under this
10 subsection is necessary for effecting legislative changes, the
11 requested information shall be disclosed to him or her, and he
12 or she may disclose such information to members of the
13 Legislature and legislative staff as necessary to effect such
14 purpose.
15 (20)~ Have the authority to perform any of the
16 functions of the Department of Management Services under
17 chapter 255, chapter 273, chapter 281, chapter 283, or chapter
18 287, or any rules adopted under any such chapter, and may
19 grant approvals provided for under any such chapter or rules.
20 If the department finds, by rule, that compliance with any
21 such chapter would impair or impede the effective or efficient
22 operation of the lottery, the department may adopt rules
23 providing alternative procurement procedures. Such
24 alternative procedures shall be designed to allow the
25 department to evaluate competing proposals and select the
26 proposal that provides the greatest long-term benefit to the
27 state with respect to the quality of the products or services,
28 dependability and integrity of the vendor, dependability of
29 the vendor's products or services, security, competence,
30 timeliness, and maximization of gross revenues and net
31 proceeds over the life of the contract.
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1 (a) No person shall be employed by the department who
2 has been convicted of, or entered a plea of guilty or nolo
3 contendere to, a felony committed in the preceding 10 years,
4 regardless of adjudication, unless the department determines
5 that:
6 1. The person has been pardoned or his or her civil
7 rights have been restored; or
8 2. Subsequent to such conviction or entry of plea the
9 person has engaged in the kind of law-abiding commerce and
10 good citizenship that would reflect well upon the integrity of
11 the lottery.
12 (b) No officer or employee of the department having
13 decisionmaking authority shall participate in any decision
14 involving any vendor or retailer with whom the officer or
15 employee has a financial interest. No such officer or
16 employee may participate in any decision involving any vendor
17 or retailer with whom the officer or employee has discussed
18 employment opportunities without the approval of the secretary
19 or, if such officer is the secretary or any member of the
20 commission, without the approval of the Governor. Any officer
21 or employee of the department shall notify the secretary of
22 any such discussion or, if such officer is the secretary or a
23 member of the commission, he or she shall notify the Governor.
24 A violation of this paragraph is punishable in accordance with
25 s. 112.317.
26 (c) No officer or employee of the department who
27 leaves the employ of the department shall represent any vendor
28 or retailer before the department regarding any specific
29 matter in which the officer or employee was involved while
30 employed by the department, for a period of 1 year following
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1 standards of conduct for public officers and employees imposed
2 by law.
3 Section 5. Section 24.1055, Florida Statutes, is
4 amended to read:
5 24.1055 Prohibition against sale of lottery tickets to
6 minors; posting of signs; penalties.--
7 (1) No person who is less than 18 years of age may
8 purchase a lottery ticket by means of a machine or otherwise.
9 (2) Any retailer that sells lottery tickets by means
10 of a player activated machine shall post a clear and
11 conspicuous sign on such machine, which states the following:
12 THE SALE OF LOTTERY TICKETS TO PERSONS UNDER
13 THE AGE OF 18 IS AGAINST FLORIDA LAW (SECTION
14 24.1055 24.10~, FLORIDA STATUTES). PROOF OF
15 AGE IS REQUIRED FOR PURCHASE.
16 (3) No person who is less than 18 years of age may
17 playa video lottery game authorized by this chapter.
18 (4) Any video lottery retailer that has a video
19 lottery terminal at its facility shall post a clear and
20 conspicuous sign on such terminal, which states the following:
21 THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS
22 UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW
23 (SECTION 24.1055, FLORIDA STATUTES). PROOF OF
24 AGE IS REQUIRED FOR USE.
25 ~~ Any person, including any vendor or video
26 lottery retailer, who violates this section is guilty of a
27 misdemeanor of the second degree, punishable as provided in s.
28 775.082 or s. 775.083.
29 Section 6. Subsections (5) and (7) of section 24.108,
30 Florida Statutes, are amended to read:
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1 Governor, and the Auditor General; however, upon certification
2 that such information is necessary for the purpose of
3 effecting legislative changes, such information shall be
4 disclosed to the President of the Senate and the Speaker of
5 the House of Representatives, who may disclose such
6 information to members of the Legislature and legislative
7 staff as necessary to effect such purpose. However, any person
8 who receives a copy of such information or other information
9 which is confidential pursuant to this chapter act or rule of
10 the department shall maintain its confidentiality. The
11 confidential portion of the report is exempt from the
12 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
13 Constitution.
14 (c) Thereafter, similar studies of security shall be
15 conducted as the department deems appropriate but at least
16 once every 2 years.
17 Section 7. Subsection (1) of section 24.111, Florida
18 Statutes, 1998 Supplement, is amended to read:
19 24.111 Vendors; disclosure and contract
20 requirements.--
21 (1) The department may enter into contracts for the
22 purchase, lease, or lease-purchase of such goods or services
23 as are necessary for effectuating the purposes of this chapter
24 act. The department may not contract with any person or
25 entity for the total operation and administration of the state
26 lottery established by this chapter act but may make
27 procurements which integrate functions such as lottery game
28 design, supply of goods and services, and advertising. In all
29 procurement decisions, the department shall take into account
30 the particularly sensitive nature of the state lottery and
31 shall consider the competence, quality of product, experience,
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1 the required number of live races or games, within 30 days
2 after written notice from the department, the department shall
3 order the video lottery retailer to suspend its video lottery
4 operation. The department may assess an administrative fine
5 not to exceed $5,000 per video lottery terminal, per day,
6 against any video lottery retailer who fails to suspend its
7 video lottery operation when ordered to suspend by the
8 department. The department may enforce its order of suspension
9 or any administrative fine assessed in furtherance of such
10 order as provided in s. 120.69. Each video lottery retailer
11 shall post a bond payable to the state in an amount determined
12 by the department that is sufficient to guarantee payment to
13 the state of revenue due in any payment period.
14 (2) Each pari-mutuel permitholder shall notify the
15 department prior to operating video lottery games at the
16 pari-mutuel facility.
17 (3) To facilitate the auditing and security programs
18 critical to the integrity of the video lottery system, the
19 department shall have overall control of the entire system.
20 Each video lottery terminal shall be linked, directly or
21 indirectly, to a computer system under the control of the
22 department.
23 (4) The department shall determine, by rule, the
24 method by which cash receipts will be electronically validated
25 and redeemed.
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27 video
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29 video lottery retailer's pari-mutuel facility even if such
30 retailer is not conducting a pari-mutuel event.
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(5) No person under the age of 18 years may play a
lottery game authorized by this chapter.
(6) Video lottery games may be played at an authorized
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1 (e) If the video lottery retailer holds a valid
2 thoroughbred permit under chapter 550, 20 percent of its net
3 terminal income shall be remitted to the video Lottery
4 Thoroughbred Trust Fund in the Department of Business and
5 Professional Regulation, to be distributed in accordance with
6 s. 550.26325.
7 (f) To be retained by the video lottery retailer as
8 compensation:
9 1. If a valid thoroughbred permitholder under chapter
10 550, 31.75 percent.
11 2. If a holder of a valid harness racing permit under
12 chapter 550, 45.75 percent.
13 3. If a valid holder of a permit other than a
14 thoroughbred permit or harness racing permit, 45.75 percent.
15 (g) If the video lottery retailer holds a valid
16 harness racing permit under chapter 550, 6 percent of its net
17 terminal income shall be distributed by the video lottery
18 retailer as purses for live performances conducted at the
19 video lottery retailer's pari-mutuel facility in accordance
20 with the provisions of chapter 550.
21 (h) If the video lottery retailer holds a valid jai
22 alai permit under chapter 550, 6 percent of its net terminal
23 income shall be distributed by the video lottery retailer as
24 purses for live performances conducted at the video lottery
25 retailer's pari-mutuel facility in accordance with chapter
26 550.
27 (i) If the video lottery retailer holds a valid
28 greyhound racing permit under chapter 550, 6 percent of its
29 net terminal income shall be distributed by the video lottery
30 retailer as purses for live performances conducted at the
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1 operation of a video lottery terminal by physical or
2 electronic tampering or other means commits a felony of the
3 third degree, punishable as provided in s. 775.082, s.
4 775.083, or s. 775.084.
5 (11) Notwithstanding s. 24.115, each video lottery
6 retailer shall have the responsibility for payment of video
7 lottery prizes.
8 (12) In any area or room in a facility in which a
9 video lottery terminal is placed, the video lottery retailer
10 must also place video monitors displaying the live races or
11 games of that facility, if such are being conducted, or
12 displaying available simulcast races or garnes, if no live
13 races or games are being conducted. In each such area or
14 room, the video lottery retailer shall also provide a means by
15 which patrons may wager on pari-mutuel activity.
16 Section 9. Section 24.1122, Florida Statutes, is
17 created to read:
18 24.1122 Licensure of video lottery terminal
19 vendors.--Video lottery terminal vendors shall be licensed by
20 the Department of the Lottery, and, by August 1, 1999, the
21 department shall adopt rules governing such licensure. The
22 department shall not license any person as a video lottery
23 terminal vendor if such person has an interest in a video
24 lottery retailer or a business relationship with a video
25 lottery retailer other than as a vendor or lessor of video
26 lottery terminals.
27 Section 10. Section 24.1123, Florida Statutes, is
28 created to read:
29 24.1123 Local zoning of pari-mutuel facilities.--The
30 installation, operation, or use of a video lottery terminal on
31 any property on which pari-mutuel operations were or would
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1 curriculum, a list of instructors and their qualifications, a
2 copy of the instructional materials, and the dates, times, and
3 location of training classes. No service and maintenance
4 program shall be held unless approved by the department.
5 (2) Every video lottery terminal service employee
6 shall complete the requirements of the manufacturer's training
7 program before such employee performs service, maintenance, or
8 repair on video lottery terminals or video lottery terminal
9 associated equipment. Upon the successful completion by a
10 service employee of the training program required by this
11 section, the department shall issue a certificate authorizing
12 such employee to service, maintain, and repair video lottery
13 terminals and video lottery terminal associated equipment. No
14 certificate of completion shall be issued to any video lottery
15 terminal service employee until the department has ascertained
16 that such employee has completed the required training
17 program. Any person certified as a video lottery terminal
18 service employee under this section shall pass a background
19 investigation conducted under the rules of the department. The
20 department may revoke certification upon finding a video
21 lottery terminal service employee in violation of any
22 provision of this chapter or a department rule.
23 (3) The department is authorized to adopt rules
24 regarding the training, qualifications, and certification of
25 video lottery terminal service employees, as provided in this
26 section.
27 Section 13. Section 24.117, Florida Statutes, is
28 amended to read:
29 24.117 Unlawful sale of lottery tickets; penalty.--Any
30 person who knowingly:
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1 the trust fund are appropriated to the department for the
2 purposes specified in this chapter act.
3 Section 16. Section 24.122, Florida Statutes, is
4 amended to read:
5 24.122 Exemption from taxation; state preemption;
6 inapplicability of other laws.--
7 (1) This chapter act shall not be construed to
8 authorize any lottery except the lotteries lotte~y operated or
9 directed by the department pursuant to this chapter act.
10 (2) No state or local tax shall be imposed upon any
11 prize paid or payable under this chapter act or upon the sale
12 of any lottery ticket or the installation, rental, or use of
13 any video lottery terminal pursuant to this chapter act.
14 (3) All matters relating to the operation of the state
15 lottery are preempted to the state, and no county,
16 municipality, or other political subdivision of the state
17 shall enact any ordinance relating to the operation of the
18 lottery authorized by this chapter act. However, this
19 subsection shall not prohibit a political subdivision of the
20 state from requiring a retailer to obtain an occupational
21 license for any business unrelated to the sale of lottery
22 tickets.
23 (4) Any state or local law providing any penalty,
24 disability, restriction, or prohibition for the possession,
25 manufacture, transportation, distribution, advertising, or
26 sale of any lottery ticket, including chapter 849, shall not
27 apply to the tickets of the state lottery operated pursuant to
28 this chapter act; nor shall any such law apply to the
29 possession of a ticket issued by any other government-operated
30 lottery. In addition, activities of the department under this
31 chapter act are exempt from the provisions of:
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1 (2) Forty-two percent of the proceeds of the Video
2 Lottery Purse Trust Fund shall be distributed to pari-mutuel
3 permitholders to be distributed as purses at their respective
4 pari-mutuel facilities as follows:
5 (a) Eight percent shall be distributed to holders of
6 valid harness racing permits;
7 (b) Seven percent shall be distributed to holders of
8 valid jail alai permits;
9 (c) Twenty-seven percent shall be distributed to
10 holders of valid greyhound racing permits.
11
12 Each permitholder entitled to receive distributions under a
13 paragraph of this subsection shall receive a percentage of the
14 amount to be distributed under that paragraph which is
15 determined by dividing the amounts paid in purses by such
16 permitholder during the state fiscal year 1997-1998 by the
17 amount of purses paid by all such permitholders statewide
18 during the state fiscal year 1997-1998.
19 (3) All proceeds distributed under this section are in
20 addition to and supplement the other funds set forth in this
21 chapter for use as purses, awards, and, in the case of jai
22 alai, player compensation.
23 (4) Of amounts to be distributed pursuant to this
24 section and s. 24.1121(8) (i) to persons holding valid
25 greyhound racing permits, 10 percent of such sums shall be
26 distributed as additional purses on all live races at each
27 facility to Florida-bred greyhounds in a manner similar to the
28 distribution of regular purses and in accordance with rules
29 adopted by the division.
30 (5) The department is authorized to adopt rules to
31 provide for the equitable distribution of funds by
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1 a sum for purses in accordance with the type of race
2 performed.
3 (d) The division shall adopt reasonable rules to
4 ensure the timely and accurate payment of all amounts withheld
5 by horserace permitholders regarding the distribution of
6 purses, Florida breeders' and stallion awards, and Florida
7 owners' awards, and all other amounts received or collected
8 for payment to owners and breeders, including video lottery
9 proceeds. Each permitholder that fails to payout during its
10 meet all moneys received or collected for payment to owners
11 and breeders during that meet shall, within 30 r& days after
12 the end of the meet during which the underpayment occurred
13 peJ.ULi tl!oldeJ:: undeJ::paid PUl ses, deposit an amount equal to the
14 underpayment into a separate interest-bearing account to be
15 distributed to owners and breeders in accordance with division
16 rules. Any permitholder paying out during its meet less than
17 90 percent of all moneys received or collected for payment to
18 owners and breeders during that meet shall be subject to an
19 administrative fine in an amount equal to double the amount of
20 the underpayment. Within 30 days after the end of its meet,
21 each permitholder shall be required to file with the division
22 an audited accounting reflecting the receipt and payment of
23 all sums dedicated to purses, Florida breeders' and stallion
24 awards, and Florida owners' awards.
25 (e) An amount equal to 8.5 percent of the purse
26 account generated through video lottery proceeds pursuant to
27 s. 550.26325(2) ,intertrack wagering and interstate
28 simulcasting will be used for Florida Owners' Awards as set
29 forth in subsection (3). AllY thoJ::ouglillJ..ed J?~J::nlit.holdeJ.. with aI!
30 avezage blended t.akeout. which do~s I~t exceed 20 peJ..cent and
31 ~it.h an aveJ..age daily pUJ::se distJ::ibutioil excluding
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Florida House of Representatives - 1999
522-144A-99
HE 1453
1 provisions of s. 550.26315. Thereafter, only those kennel
2 operators can be terminated without cause if the kennel
3 occupies one of the bottom three positions based on total
4 number of wins for two consecutive racing seasons, which may
5 include the 12-month period following the first period that
6 purse payments are made pursuant to the provisions of s.
7 550.26315.
8 Section 22. Subsections (3) and (4) of section
9 550.615, Florida Statutes, 1998 Supplement, are amended to
10 read:
11 550.615 Intertrack wagering.--
12 (3) (a) If a permitholder who operates as a video
13 lottery retailer as defined in s. 24.103 elects to broadcast
14 its signal to any permitholder in this state, any
15 permitholder, not located in the same county as the host
16 track, that is eligible to conduct intertrack wagering under
17 the provisions of ss. 550.615-550.6345 is entitled to receive
18 the broadcast and conduct intertrack wagering under this
19 section; however, the host track may require a guest track
20 within 25 miles of another permitholder to receive in any week
21 at least 60 percent of the live races that the host track is
22 making available on the days that the guest track is otherwise
23 operating live races or games. A host track may require a
24 guest track not operating live races or games and within 25
25 miles of another permitholder to accept within any week at
26 least 60 percent of the live races that the host track is
27 making available. A permitholder may, pursuant to a written
28 contract, elect to broadcast its signal to any permitholder in
29 this state located within the same county as the host track,
30 provided that where a thoroughbred permitholder is the host
31 track, any such contract must be approved by the horsemen's
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Florida House of Representatives - 1999
522-144A-99
HB 1453
1 Section 23. Paragraph (g) of subsection (9) of section
2 550.6305, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 550.6305 Intertrack wagering; guest track payments;
5 accounting rules.--
6 (9) A host track that has contracted with an
7 out-of-state horse track to broadcast live races conducted at
8 such out-of-state horse track pursuant to s. 550.3551(5) may
9 broadcast such out-of-state races to any guest track and
10 accept wagers thereon in the same manner as is provided in s.
11 550.3551.
12 (g)I7 Any thoroughbred permitholder which accepts
13 wagers on a simulcast signal must make the signal available to
14 any permitholder that is located in a county other than the
15 county in which the permitholder providing the signal is
16 located and that is eligible to conduct intertrack wagering
17 under the provisions of ss. 550.615-550.6345.
18 2. An}' thoxoughbxed perILLitholde:r wl"ich accepts wage:r5
19 on a sin,ulcast signal :received d.fte.1. 6 p.m. ",ust n,ake such
20 signal available to al"}! pexILLitl"olde:r tl"at is eligible to
21 conduct illtert:rack ~ageLing unde:r the p:rovision5 of 55.
22 ::;::;0.61::; ::;::;0.634::;, includiHg all}' pe.uLLitholdeJ:: located as
23 specified in 5. ::;::;0.61::;(6). :Jucl" guest pe.l::LLlitholdexs a:re
24 authoJ:: ized to accept ~age.l. 05 on sud" SiILLulcast si911al,
25 l"ot~ith5tandil"g any otl"e:r pJ::olJision of this d"apteJ:: to the
26 COI"L.l.ary.
27 3. Any thoroughb:red peJ::n,itholde.l. whid" accepts wage:r5
28 011 a s";'",ulcast sighal :received d.fte:r 6 p."" l"ust make 5ud"
29 signal available to a"ly pex1L,itl"olde:r that is eli91ble to
30 conduct intext:rack wage:rLlg unde:r the provisions of 55.
31 ::;::;0.61::; ::;::;0.634::;, LICludiI"9 any pe:rn,";' tllOldel. located as
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Florida House of Representatives - 1999
522-144A-99
HB 1453
1 racetrack or jai alai fronton and on days on which the
2 pari-mutuel facility is open to the public for the purpose of
3 video lottery play authorized by the Department of the
4 Lottery. Except as in this subsection otherwise provided,
5 caterers licensed hereunder shall be treated as vendors
6 licensed to sell by the drink the beverages mentioned herein
7 and shall be subject to all the provisions hereof relating to
8 such vendors.
9
Section 25. This act shall take effect upon becoming a
10 law, if House Bill
I House Bill
I and House Bill
11 or similar legislation is adopted in the same legislative
12 session or an extension thereof.
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HOUSE SUMMARY
Provides for the establishment and operation of video
lottery games to be conducted at par~-mutuel facilities
and the allocation of certain income from the games to
the Department of the Lottery for transfer to the Public
Educat~on Capital Outlay and Debt Service Trust Fund.
Provides add~tional funas for pari-mutuel purses. Changes
regulation of intertrack wager~ng.
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CODING:Words styickeI! are deletions; words underlined are additions.