Florida’s 2008 Regular Legislative Session Summary: Boyd Gaming

 

Florida’s 2008 Regular Legislative Session concluded “Sine Die” on May 2, 2008 at 6:02 pm. Although multiple pari-mutuel and gaming bills passed through the Florida Senate, there were none that passed through the Florida House of Representatives, and thus, no pari-mutuel or gaming bills passed this year.

Below is a wrap-up of pari-mutuel and gaming legislation filed during the Session and the corresponding final action for each:

 

CS/CS 2nd Eng. SB 970 Relating to Slot Machine Revenues/Tax Reduction
Sponsored by Senator Steve Geller
The bill provides for a 35 percent tax rate on all slot machine revenues with no reservation if another type of Class III gaming, in addition to slot machines, is commenced on Indian reservations located in Broward or Miami-Dade counties. In addition, the slot machine tax rate will be the lesser of 35 percent, or the tax rate imposed on pari-mutuels offering Class II gaming.

Final actions:

3/12/08 SENATE Read Second Time; Amendment(s) Adopted (159946); Ordered engrossed
3/13/08 SENATE Read Third Time; Passed (Vote: 25 Yeas / 12 Nays)
3/20/08 SENATE Called Up For Reconsideration; Amendment Adopted (209858); Passed (Vote: 23 Yeas / 10 Nays); Immediately Certified; In House messages
3/25/08 HOUSE  Received; Referred to Government Efficiency & Accountability Council; Policy & Budget Council
5/02/08 HOUSE  Died in Government Efficiency & Accountability Council

Comparable bill: 

• HB 1241 by State Representative Jack Seiler
  5/02/08 HOUSE  Died in Government Efficiency & Accountability Council

 

SB 290 Relating to Electronic Gaming Machines
Sponsored by Senator Steve Geller

Provides the definition for “video lottery game,” “video lottery terminal,” “video lottery terminal vendor,” “net terminal income,” and “video lottery retailer.” Provides for the Florida Department of the Lottery to adopt procedures by rule for testing and evaluating video lottery terminals for compliance with State Lotteries law. Prohibits persons younger than 21 years of age from playing video lottery games, etc.  Appropriation: $10,000,000.

Final action:  This bill was referred to four Senate Committees but was never heard. No House companion was filed.

 

CS/CS/SB 2378 Relating to Pari-mutuel Wagering Permitholders
Sponsored by Senator Dave Aronberg

Provides for a jai alai permitholder meeting certain conditions to apply to the Division of Pari-Mutuel Wagering to convert a permit to conduct jai alai to a permit to conduct greyhound racing. Directs the division to issue a permit to conduct greyhound racing if certain conditions are met. Provides for the relocation of certain permits, revises tax on handle for live dogracing when handle exceeds certain amounts etc. 

SB 2378 was killed on the Senate floor 14 Yeas/ 25 Neas. There was a motion made to reconsider the vote, however the motion failed.

Final actions:

4/24/08 SENATE Committee Substitute (C2) Filed; Placed on Calendar, on second reading; Placed on Special Order Calendar for 4/25/08 
4/25/08 SENATE Read Second Time
4/28/08 SENATE Read Third Time; Failed (Vote: 14 Yeas / 25 Nays); Called Up For Reconsideration; Motion to reconsider failed.

Comparable bill: 

• HB 1013 – Relating to Pari-Mutuel Wagering Permitholders by Representative Richard Machek
  5/02/08 HOUSE Died in Policy & Budget Council

HB 1013 passed out of the House Jobs & Entrepreneurship Council with controversial amendments that created an expansion of gambling. After being placed on the Policy & Budget Council agenda, the substance of the amendments adopted led to the bill being removed from consideration.  Filed on behalf of the Palm Beach Kennel Club, it was indicated that this bill had the potential of being the only pari-mutuel bill that would have passed this session.

 

CS/CS SB 1006 Relating to Cardrooms
Sponsored by Senator Steve Geller

Authorizes cardroom operators to host charity/celebrity poker tournaments and televised high-stakes poker tournaments at certain pari-mutuel facilities. Provides limitations.  Authorizes the Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation to adopt rules governing the operation of tournaments, etc.

SB 1006 passed two committees of reference and died in the General Government Appropriations Committee.

Final actions: 

4/10/08 SENATE Favorable with CS by Finance and Tax; 3 Yeas, 1 Nay
4/14/08 SENATE Committee Substitute (C2) Filed
4/15/08 SENATE Now in General Government Appropriations 
5/02/08 SENATE Died in Committee on General Government Appropriations

Comparable bill:

• HB 485 – Relating to Cardrooms by State Representative Joe Gibbons
  5/02/08 HOUSE Died in Government Efficiency & Accountability Council

HB 485 was referred to the House Government Efficiency & Accountability Council and was never heard.

 

SB 604 Relating to Quarter Horse Race Meets
Sponsored by Senator Dennis Jones

Removes provisions requiring an application to the Division of Pari-mutuel Wagering for a permit to conduct quarter horse race meetings. Provides for a full schedule of races for a new permitholder to be eligible to renew a cardroom license. Provides an exception to the requirement that each thoroughbred permitholder run an average of one race per racing day against horses bred in this state that have preference over nonstate horses, etc.

SB 604 passed the Senate 33 Yeas/ 5 Neas. While in Messages on the final day of the Session, the bill became the vehicle for the Slot Machine Revenue Tax Reduction language. SB 604 was never taken up and therefore died in House messages.

Final actions:

4/02/08 SENATE Read Second Time; Amendments Adopted (244650, 332228, 701128); Ordered engrossed; Engrossed Text (E1) Filed
4/03/08 SENATE Read Third Time; Amendment Adopted (644044); Passed (Vote: 33 Yeas / 5 Nays); Engrossed Text (E2) Filed
4/09/08 HOUSE  In Messages 
5/02/08 HOUSE  Died in Messages

Comparable bill:

• HB 1009 – Relating to Quarter Horse Race Meetings by Representative Ron Schultz
  5/02/08 HOUSE Died in Jobs & Entrepreneurship Council

HB 1009 passed out of the House Business Regulation Committee 10 Yeas/ 1 Nea.  After controversial amendments were adopted to the billl, the Jobs & Entrepreneurial Council revoked the referral and the bill then died in the former Council.

 

CS/SB 1284 Relating to Compacts and Agreements/Ratification Authority
by Senator Steven Geller 

Designates the Governor as the official to negotiate and execute compacts and agreements. Provides for submission of compacts and agreements to the Legislature and the Secretary of State. Provides for submission of compacts and agreements to signatories for review and approval. Provides legislative intent that the act is prospective and does not affect any actions and does not apply retroactively, etc

SB 1284 was on the Judiciary Committee’s agenda for April 21 but was not considered and therefore died in the Judiciary Committee.

Comparable bill:

• HB 617 – Relating to Legislative Authority to Ratify Compacts and Agreements by Representative Mary Brandenburg
  5/02/08 HOUSE Died in Committee on State Affairs

HB 617 was referred to the State Affairs Committee and was never heard.

 

SB 2872 and HB 849 Relating to Repealing Authorization for State Lotteries and Slot Machine Gaming
Sponsored by Senator Alex Diaz de la Portilla and State Representative David Rivera, respectively.

These identical joint resolution bills proposed the repeal of Section 15 of Article X of the State Constitution to remove the authorization for lotteries to be operated by the State, and provided for the repeal of Section 23 of Article X of the State Constitution to remove authorization for slot machines in pari-mutuel facilities in Miami-Dade and Broward Counties, etc.

These bills were filed as a political statement without the intention of having them ever move through the legislative process. They were both referred to committees and never heard.

 

SB 982 and HB 539 Relating to Slot Machine Applicants/Equal Treatment
Sponsored by Senator Mike Bennett and State Representative Matt Meadows, respectively

SB 982 cites the act as the “Equal Treatment under the Law for All Pari-mutuels Act.” Revises the requirements for an applicant for a license or license renewal for conducting slot machine gaming to require the applicant to enter into a binding agreement with the Florida Horsemen’s Benevolent and Protective Association, Inc., the Florida Standardbred Breeders and Owners Association, the Florida Greyhound Association, Inc., etc.

These bills represented the International Jai-Alai Players Association agreement language filed for the year.  Neither bill was ever placed on any agenda in their respective committees of reference. 

 

SB 1380 Relating to Electronic Gaming Machines
Sponsored by Senator Dennis Jones

This bill provides for the establishment, operation, and regulation of electronic gaming machines. The games may be located at pari-mutuel facilities that do not operate slot machines and that are regulated by the Division of Pari-Mutuel Wagering in the Department of Business and Professional Regulation.

The bill addressed 20 currently-active pari-mutuel permitholders at 19 facilities and the Ocala Breeders facility that are not eligible to operate slot machines that would be eligible for licensure of electronic gaming machines under the provisions of SB 1380.

Considered the “VLT Bill,” SB 1380 passed the Senate 27 Yeas/ 11 Neas on March 13.  Subsequently received by the House, it was referred to Government Efficiency & Accountability Council and was never heard.

 

SB 2682 Relating to Department of Lottery and Pari-Mutuel Facilities
Sponsored by Senator Alex Diaz de la Portilla

Provides powers and duties of the Department of the Lottery pertaining to video lottery games. Provides for the licensure of video lottery terminal vendors. Provides that use or expansion of property for video lottery terminals is not subject to review or approval under land use, zoning, or site plan review or concurrency law, ordinance, or regulation, etc. Appropriation: $10,000,000.

SB 2682 was referred to four committees and never was placed on the first agenda.

Comparable bill:

• SB 290 – Relating to Electronic Gaming Machines by Senator Steven Geller
  5/02/08 SENATE Died in Committee on Regulated Industries

Similar bill: 

• HB 1469 – Relating to Department of the Lottery and Pari-mutuel Facilities by Rivera

HB 1469 was referred to Government Efficiency & Accountability Council and was never heard. 

 

CS/2nd Eng. SB 590 Relating to Pari-Mutuel Wagering
Sponsored by Senator Dennis Jones

Requires the Division of Pari-mutuel Wagering to adopt rules governing the humane treatment of racing animals at pari-mutuel facilities. Deletes provisions requiring a biweekly period for the payment of jai-alai taxes and greyhound dog racing taxes.   Requires that the Division adopt rules for the supervision and regulation of the welfare of racing animals. Limits the hours of cardrooms operations, etc.

No House companion bill was filed.

Final actions:

4/16/08 SENATE Read Second Time; Amendment Adopted (462608); Ordered engrossed; Engrossed Text (E1) Filed
4/17/08 SENATE Read Third Time; Amendment(s) Adopted (420674); Passed (Vote: 30 Yeas / 8 Nays)
4/23/08 HOUSE  In Messages
5/02/08 HOUSE  Died in Messages

 

SB 296 Relating to Bingo/Electronic Verification of Numbers
Sponsored by Senator Mike Fasano

Authorizes verification of numbers drawn at bingo games by electronics or other technology in lieu of vocal verification. Revises the definition of “organization” to include chambers of commerce. Exempts chambers of commerce from provisions prohibiting drawings by chance. Authorizes an organization to place signs at a bingo game event disclosing certain required information, etc.

The bill passed the Senate 36 Yeas/ 0 Neas.  It was received in the House and referred to Government Efficiency & Accountability Council, but was never heard.  No House companion was filed.

 

SB 980 and HB 377 Relating to Indian Gaming Activities
Sponsored by Senator Steve Geller and State Representative Jim Waldman, respectively.

These identical bills designate the Governor as the official to negotiate tribal-state compacts; provide for ratification of tribal-state compacts by the Legislature; provide for submission of tribal-state compact to the Legislature and Secretary of State; provide for submission of tribal-state compact to Secretary of the Interior.

SB 980 passed the first committee of reference and died in the Governmental Operations Committee.  HB 377 was referred to the Committee on State Affairs and never heard.

 

SB 1126 Relating to Department of Gaming Control/ Governmental Reorganization
Sponsored by Senator Jeremy Ring

Creates the Department of Gaming Control. Transfers and reassigns divisions,   functions, and responsibilities, including records, personnel, property, and unexpended balances of appropriations and other resources from the Department of the Lottery, the Department of Business and Professional Regulation, the Department of Law Enforcement, and the Department of Legal Affairs to the Department of Gaming Control, etc.

SB 1126 was heard in the Regulated Industries Committee; however it was temporarily postponed and never brought back up for a vote.

Comparable bill:

• HB 1395 by State Representative J.C. Planas

HB 1385 was referred to the State Affairs Committee and was never heard.

 

Additional Data:

• On February 22, 2008 the Florida Revenue Estimating Impact Conference reviewed State slot machine revenue forecasts.  To view the results of that meeting, click here.
• In November, 2007, the Senate Regulated Industries Committee published an interim project report on simulcast wagering at pari-mutuel facilities.  To view the report, click here.

 

 

Should you have any questions or comments, please contact:

Tracy Mayernick at (850) 445-3000
at Colodny Fass