Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 666
       
       
       
       
       
       
                                Barcode 313906                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/09/2011           .                                
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       The Committee on Regulated Industries (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Transfers.—
    6         (1) All of the statutory powers, duties and functions,
    7  records, personnel, property, and unexpended balances of
    8  appropriations, allocations, or other funds for the
    9  administration of chapter 550, Florida Statutes, are transferred
   10  by a type two transfer, as defined in s. 20.06(2), Florida
   11  Statutes, from the Division of Pari-mutuel Wagering of the
   12  Department of Business and Professional Regulation to the
   13  Department of Gaming Control.
   14         (2) All of the statutory powers, duties and functions,
   15  records, personnel, property, and unexpended balances of
   16  appropriations, allocations, or other funds for the
   17  administration of chapter 551, Florida Statutes, are transferred
   18  by a type two transfer, as defined in s. 20.06(2), Florida
   19  Statutes, from the Division of Pari-mutuel Wagering of the
   20  Department of Business and Professional Regulation to the
   21  Department of Gaming Control.
   22         (3) All of the statutory powers, duties and functions,
   23  records, personnel, property, and unexpended balances of
   24  appropriations, allocations, or other funds for the
   25  administration of s. 849.086, Florida Statutes, are transferred
   26  by a type two transfer, as defined in s. 20.06(2), Florida
   27  Statutes, from the Division of Pari-mutuel Wagering of the
   28  Department of Business and Professional Regulation to the
   29  Department of Gaming Control.
   30         (4) The following trust funds are transferred from the
   31  Division of Pari-mutuel Wagering of the Department of Business
   32  and Professional Regulation to the Department of Gaming Control:
   33         (a) Pari-mutuel Wagering Trust Fund.
   34         (b) Racing Scholarship Trust Fund.
   35         Section 2. Paragraph (c) is added to subsection (8) of
   36  section 11.905, Florida Statutes, to read:
   37         11.905 Schedule for reviewing state agencies and advisory
   38  committees.—The following state agencies, including their
   39  advisory committees, or the following advisory committees of
   40  agencies shall be reviewed according to the following schedule:
   41         (8) Reviewed by July 1, 2022:
   42         (c) Department of Gaming Control.
   43  
   44         Upon completion of this cycle, each agency shall again be
   45  subject to sunset review 10 years after its initial review.
   46         Section 3. Subsection (2) of section 20.165, Florida
   47  Statutes, is amended to read:
   48         20.165 Department of Business and Professional Regulation.
   49  There is created a Department of Business and Professional
   50  Regulation.
   51         (2) The following divisions of the Department of Business
   52  and Professional Regulation are established:
   53         (a) Division of Administration.
   54         (b) Division of Alcoholic Beverages and Tobacco.
   55         (c) Division of Certified Public Accounting.
   56         1. The director of the division shall be appointed by the
   57  secretary of the department, subject to approval by a majority
   58  of the Board of Accountancy.
   59         2. The offices of the division shall be located in
   60  Gainesville.
   61         (d) Division of Florida Condominiums, Timeshares, and
   62  Mobile Homes.
   63         (e) Division of Hotels and Restaurants.
   64         (f) Division of Pari-mutuel Wagering.
   65         (f)(g) Division of Professions.
   66         (g)(h) Division of Real Estate.
   67         1. The director of the division shall be appointed by the
   68  secretary of the department, subject to approval by a majority
   69  of the Florida Real Estate Commission.
   70         2. The offices of the division shall be located in Orlando.
   71         (h)(i) Division of Regulation.
   72         (i)(j) Division of Technology.
   73         (j)(k) Division of Service Operations.
   74         Section 4. Section 20.318, Florida Statutes, is created to
   75  read:
   76         20.318 Department of Gaming Control.—There is created a
   77  Department of Gaming Control.
   78         (1)GAMING COMMISSION.—There is created the Gaming
   79  Commission, composed of the Governor and Cabinet. The commission
   80  members shall serve as agency head of the Department of Gaming
   81  Control. The commission shall be responsible for appointing and
   82  removing the executive director and general counsel.
   83         (2)DIVISIONS.—The Department of Gaming Control shall
   84  consist of the following divisions:
   85         (a)The Division Licensing.
   86         (b)The Division of Revenue and Audits.
   87         (c)The Division of Investigation.
   88         (d)The Division of Law Enforcement.
   89         (e)The Division of Prosecution.
   90         (3) DEFINITIONS.-As used in this section, the term:
   91         (a)“Commission” means the Gaming Commission.
   92         (b)“Department” means the Department of Gaming Control.
   93         (c)“Gaming control” means any gaming activity, occupation,
   94  or profession regulated by the department.
   95         (d)“License” means any permit, registration, certificate,
   96  or license issued by the department.
   97         (e)“Licensee” means any person issued a permit,
   98  registration, certificate, or license by the department.
   99         (4) POWERS AND DUTIES.—
  100         (a)License renewals.—The department shall adopt rules
  101  establishing a procedure for the renewal of licenses.
  102         (b)Annual budget.—The department shall submit an annual
  103  budget to the Legislature at a time and in the manner provided
  104  by law.
  105         (c)Rulemaking.—The department shall adopt rules to
  106  administer the laws under its authority.
  107         (d) The department shall require an oath on application
  108  documents as required by rule, which oath must state that the
  109  information contained in the document is true and complete.
  110         (e) The department shall adopt rules for the control,
  111  supervision, and direction of all applicants, permittees, and
  112  licensees and for the holding, conducting, and operating of any
  113  gaming establishment under the jurisdiction of the department in
  114  this state. The department shall have the authority to suspend a
  115  permit or license under the jurisdiction of the department, if
  116  such permitholder or licensee has violated provisions of
  117  chapters 550, 551 and 849 or rules adopted by the department.
  118  Such rules must be uniform in their application and effect, and
  119  the duty of exercising this control and power is made mandatory
  120  upon the department.
  121         (f) The department may take testimony concerning any matter
  122  within its jurisdiction and issue summons and subpoenas for any
  123  witness and subpoenas duces tecum in connection with any matter
  124  within the jurisdiction of the department under its seal and
  125  signed by the director.
  126         (g) In addition to the power to exclude certain persons
  127  from any pari-mutuel facility in this state, the department may
  128  exclude any person from any and all gaming establishments under
  129  the jurisdiction of the department in this state for conduct
  130  that would constitute, if the person were a licensee, a
  131  violation of this chapter or the rules of the department. The
  132  department may exclude from any gaming establishment under its
  133  jurisdiction within this state any person who has been ejected
  134  from a pari-mutuel facility or other gaming establishment in
  135  this state or who has been excluded from any pari-mutuel
  136  facility or other gaming establishment in another state by the
  137  governmental department, agency, commission, or authority
  138  exercising regulatory jurisdiction over such facilities in such
  139  other state. The department may authorize any person who has
  140  been ejected or excluded from establishments in this state or
  141  another state to enter such facilities in this state upon a
  142  finding that the attendance of such person would not be adverse
  143  to the public interest or to the integrity of the industry;
  144  however, this subsection shall not be construed to abrogate the
  145  common-law right of a pari-mutuel permitholder or a proprietor
  146  of a gaming establishment to exclude absolutely a patron in this
  147  state.
  148         (h) The department may collect taxes and require compliance
  149  with reporting requirements for financial information as
  150  authorized by this chapter. In addition, the executive director
  151  of the department may require gaming establishments within its
  152  jurisdiction within the state to remit taxes, including fees, by
  153  electronic funds transfer.
  154         (i) The department may conduct investigations necessary for
  155  enforcing this chapter
  156         (j) The department may impose an administrative fine for a
  157  violation under this chapter of not more than $1,000 for each
  158  count or separate offense, except as otherwise provided in this
  159  chapter, and may suspend or revoke a permit, a operating
  160  license, or an occupational license for a violation under this
  161  chapter. All fines imposed and collected under this subsection
  162  must be deposited with the Chief Financial Officer to the credit
  163  of the General Revenue Fund.
  164         (k) The department shall have full authority and power to
  165  make, adopt, amend, or repeal rules relating to gaming
  166  operations, to enforce and to carry out the provisions of
  167  chapter 849, and to regulate authorized gaming activities in the
  168  state.
  169         (l)Advisory opinions.—The department shall provide
  170  advisory opinions when requested by any law enforcement
  171  official, state attorney, or entity licensed by the department
  172  relating to the application of state gaming laws with respect to
  173  whether a particular act or device constitutes legal or illegal
  174  gambling under state laws and administrative rules adopted
  175  thereunder. A written record shall be retained of all such
  176  opinions issued by the department, which shall be sequentially
  177  numbered, dated, and indexed by subject matter. Any person or
  178  entity acting in good faith upon an advisory opinion that such
  179  person or entity requested and received is not subject to any
  180  criminal penalty provided for under state law for illegal
  181  gambling. The opinion, until amended or revoked, is binding on
  182  any person or entity who sought the opinion, or with reference
  183  to whom the opinion was sought, unless material facts were
  184  omitted or misstated in the request for the advisory opinion.
  185  The department may adopt rules regarding the process for
  186  securing an advisory opinion and may require in those rules the
  187  submission of any potential gaming apparatus for testing by a
  188  licensed testing laboratory to prove or disprove its compliance
  189  with state law before the issuance of an opinion by the
  190  department.
  191         (m)Law enforcement officers.—The department may employ
  192  sworn law enforcement officers as defined in s. 943.10 to
  193  enforce the provisions of any statute or any other laws of this
  194  state related to gambling within the Division of Law Enforcement
  195  and to enforce any other criminal law or to conduct any criminal
  196  investigation.
  197         1. Each law enforcement officer shall meet the
  198  qualifications for law enforcement officers under s. 943.13 and
  199  shall be certified as a law enforcement officer by the
  200  Department of Law Enforcement under chapter 943. Upon
  201  certification, each law enforcement officer is subject to and
  202  shall have authority provided for law enforcement officers
  203  generally in chapter 901 and shall have statewide jurisdiction.
  204  Each officer shall also have full law enforcement powers.
  205         2. The department may also appoint part-time, reserve, or
  206  auxiliary law enforcement officers under chapter 943.
  207         3. Each law enforcement officer of the department, upon
  208  certification pursuant to s. 943.1395, has the same right and
  209  authority to carry arms as do the sheriffs of this state.
  210         4.Each law enforcement officer in the state who is
  211  certified pursuant to chapter 943 has the same authority as law
  212  enforcement officers designated in this section to enforce the
  213  laws of this state as described in this paragraph.
  214         (5) FINANCIALLY DEPENDENT CHILDREN; SUPPORT.—The department
  215  shall work cooperatively with the Department of Revenue to
  216  implement an automated method for periodically disclosing
  217  information relating to current licensees to the Department of
  218  Revenue. The purpose of this subsection is to promote the public
  219  policy of this state as established in s. 409.2551. The
  220  department shall, when directed by the court or the Department
  221  of Revenue pursuant to s. 409.2598, suspend or deny the license
  222  of any licensee found not to be in compliance with a support
  223  order, subpoena, order to show cause, or written agreement
  224  entered into by the licensee with the Department of Revenue. The
  225  department shall issue or reinstate the license without
  226  additional charge to the licensee when notified by the court or
  227  the Department of Revenue that the licensee has complied with
  228  the terms of the support order. The department is not liable for
  229  any license denial or suspension resulting from the discharge of
  230  its duties under this subsection.
  231         (6) LICENSING.—The department may:
  232         (a)Close and terminate deficient license application files
  233         2 years after the department notifies the applicant of the
  234  deficiency; and
  235         (b)Approve gaming-related licenses that meet all statutory
  236  and rule requirements for licensure.
  237         Section 5. Subsection (4) of section 120.80, Florida
  238  Statutes, is amended, and subsection (18) is added to that
  239  section to read:
  240         120.80 Exceptions and special requirements; agencies.—
  241         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  242         (a) Business regulation.—The Division of Pari-mutuel
  243  Wagering is exempt from the hearing and notice requirements of
  244  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  245  boards of judges when the hearing is to be held for the purpose
  246  of the imposition of fines or suspensions as provided by rules
  247  of the Division of Pari-mutuel Wagering, but not for
  248  revocations, and only upon violations of subparagraphs 1.-6. The
  249  Division of Pari-mutuel Wagering shall adopt rules establishing
  250  alternative procedures, including a hearing upon reasonable
  251  notice, for the following violations:
  252         1. Horse riding, harness riding, greyhound interference,
  253  and jai alai game actions in violation of chapter 550.
  254         2. Application and usage of drugs and medication to horses,
  255  greyhounds, and jai alai players in violation of chapter 550.
  256         3. Maintaining or possessing any device which could be used
  257  for the injection or other infusion of a prohibited drug to
  258  horses, greyhounds, and jai alai players in violation of chapter
  259  550.
  260         4. Suspensions under reciprocity agreements between the
  261  Division of Pari-mutuel Wagering and regulatory agencies of
  262  other states.
  263         5. Assault or other crimes of violence on premises licensed
  264  for pari-mutuel wagering.
  265         6. Prearranging the outcome of any race or game.
  266         (b) Professional regulation.Notwithstanding s.
  267  120.57(1)(a), formal hearings may not be conducted by the
  268  Secretary of Business and Professional Regulation or a board or
  269  member of a board within the Department of Business and
  270  Professional Regulation for matters relating to the regulation
  271  of professions, as defined by chapter 455.
  272         (18) DEPARTMENT OF GAMING CONTROL.—The department is exempt
  273  from the hearing and notice requirements of ss. 120.569 and
  274  120.57(1)(a) as it applies to stewards, judges, and boards of
  275  judges if the hearing is to be held for the purpose of the
  276  imposition of fines or suspension as provided by rules of the
  277  department, but not for revocations, and only to consider
  278  violations of paragraphs (a)-(f). The department shall adopt
  279  rules establishing alternative procedures, including a hearing
  280  upon reasonable notice, for the following violations:
  281         (a)Horse riding, harness riding, greyhound interference,
  282  and jai alai game actions in violation of chapter 550.
  283         (b)Application and administration of drugs and medication
  284  to horses, greyhounds, and jai alai players in violation of
  285  chapter 550.
  286         (c)Maintaining or possessing any device that could be used
  287  for the injection or other infusion of a prohibited drug into
  288  horses, greyhounds, and jai alai players in violation of chapter
  289  550.
  290         (d)Suspensions under reciprocity agreements between the
  291  department and regulatory agencies of other states.
  292         (e)Assault or other crimes of violence on premises
  293  licensed for pari-mutuel wagering.
  294         (f)Prearranging the outcome of any race or game.
  295         Section 6. Paragraph (f) of subsection (1) and subsection
  296  (7) of section 285.710, Florida Statutes, are amended to read:
  297         285.710 Compact authorization.—
  298         (1) As used in this section, the term:
  299         (f) “State compliance agency” means the Division of Pari
  300  mutuel Wagering of the Department of Gaming Control, Business
  301  and Professional Regulation which is designated as the state
  302  agency having the authority to carry out the state’s oversight
  303  responsibilities under the compact.
  304         (7) The Division of Pari-mutuel Wagering of the Department
  305  of Gaming Control Business and Professional Regulation is
  306  designated as the state compliance agency having the authority
  307  to carry out the state’s oversight responsibilities under the
  308  compact authorized by this section.
  309         Section 7. Section 455.116, Florida Statutes, is amended to
  310  read:
  311         455.116 Regulation trust funds.—The following trust funds
  312  shall be placed in the department:
  313         (1) Administrative Trust Fund.
  314         (2) Alcoholic Beverage and Tobacco Trust Fund.
  315         (3) Cigarette Tax Collection Trust Fund.
  316         (4) Hotel and Restaurant Trust Fund.
  317         (5) Division of Florida Condominiums, Timeshares, and
  318  Mobile Homes Trust Fund.
  319         (6) Pari-mutuel Wagering Trust Fund.
  320         (6)(7) Professional Regulation Trust Fund.
  321         Section 8. Subsections (6), (7), and (11) of section
  322  550.002, Florida Statutes, are amended, and present subsections
  323  (8) through (39) of that section are renumbered as subsections
  324  (7) through (38), respectively, to read:
  325         550.002 Definitions.—As used in this chapter, the term:
  326         (6) “Department” means the Department of Gaming Control
  327  Business and Professional Regulation.
  328         (7) “Division” means the Division of Pari-mutuel Wagering
  329  within the Department of Business and Professional Regulation.
  330         (10)(11) “Full schedule of live racing or games” means, for
  331  a greyhound or jai alai permitholder, the conduct of a
  332  combination of at least 100 live evening or matinee performances
  333  during the preceding year; for a permitholder who has a
  334  converted permit or filed an application on or before June 1,
  335  1990, for a converted permit, the conduct of a combination of at
  336  least 100 live evening and matinee wagering performances during
  337  either of the 2 preceding years; for a jai alai permitholder who
  338  does not operate slot machines in its pari-mutuel facility, who
  339  has conducted at least 100 live performances per year for at
  340  least 10 years after December 31, 1992, and whose handle on live
  341  jai alai games conducted at its pari-mutuel facility has been
  342  less than $4 million per state fiscal year for at least 2
  343  consecutive years after June 30, 1992, the conduct of a
  344  combination of at least 40 live evening or matinee performances
  345  during the preceding year; for a jai alai permitholder who
  346  operates slot machines in its pari-mutuel facility, the conduct
  347  of a combination of at least 150 performances during the
  348  preceding year; for a harness permitholder, the conduct of at
  349  least 100 live regular wagering performances during the
  350  preceding year; for a quarter horse permitholder at its facility
  351  unless an alternative schedule of at least 20 live regular
  352  wagering performances is agreed upon by the permitholder and
  353  either the Florida Quarter Horse Racing Association or the
  354  horsemen’s association representing the majority of the quarter
  355  horse owners and trainers at the facility and filed with the
  356  department division along with its annual date application, in
  357  the 2010-2011 fiscal year, the conduct of at least 20 regular
  358  wagering performances, in the 2011-2012 and 2012-2013 fiscal
  359  years, the conduct of at least 30 live regular wagering
  360  performances, and for every fiscal year after the 2012-2013
  361  fiscal year, the conduct of at least 40 live regular wagering
  362  performances; for a quarter horse permitholder leasing another
  363  licensed racetrack, the conduct of 160 events at the leased
  364  facility; and for a thoroughbred permitholder, the conduct of at
  365  least 40 live regular wagering performances during the preceding
  366  year. For a permitholder that which is restricted by statute to
  367  certain operating periods within the year when other members of
  368  its same class of permit are authorized to operate throughout
  369  the year, the specified number of live performances that which
  370  constitute a full schedule of live racing or games shall be
  371  adjusted pro rata in accordance with the relationship between
  372  its authorized operating period and the full calendar year and
  373  the resulting specified number of live performances shall
  374  constitute the full schedule of live games for such permitholder
  375  and all other permitholders of the same class within 100 air
  376  miles of such permitholder. A live performance must consist of
  377  no fewer than eight races or games conducted live for each of a
  378  minimum of three performances each week at the permitholder’s
  379  licensed facility under a single admission charge.
  380         Section 9. Section 550.0115, Florida Statutes, is amended
  381  to read:
  382         550.0115 Permitholder license.—After a permit has been
  383  issued by the department division, and after the permit has been
  384  approved by election, the department division shall issue to the
  385  permitholder an annual license to conduct pari-mutuel operations
  386  at the location specified in the permit pursuant to the
  387  provisions of this chapter.
  388         Section 10. Section 550.01215, Florida Statutes, is amended
  389  to read:
  390         550.01215 License application; periods of operation; bond,
  391  conversion of permit.—
  392         (1) Each permitholder shall annually, during the period
  393  between December 15 and January 4, file in writing with the
  394  department division its application for a license to conduct
  395  performances during the next state fiscal year. Each application
  396  shall specify the number, dates, and starting times of all
  397  performances that which the permitholder intends to conduct. It
  398  shall also specify which performances will be conducted as
  399  charity or scholarship performances. In addition, each
  400  application for a license shall include, for each permitholder
  401  that which elects to operate a cardroom, the dates and periods
  402  of operation the permitholder intends to operate the cardroom
  403  or, for each thoroughbred permitholder that which elects to
  404  receive or rebroadcast out-of-state races after 7 p.m., the
  405  dates for all performances that which the permitholder intends
  406  to conduct. Permitholders shall be entitled to amend their
  407  applications through February 28.
  408         (2) After the first license has been issued to a
  409  permitholder, all subsequent annual applications for a license
  410  shall be accompanied by proof, in such form as the department
  411  division may by rule require, that the permitholder continues to
  412  possess the qualifications prescribed by this chapter, and that
  413  the permit has not been disapproved at a later election.
  414         (3) The department division shall issue each license no
  415  later than March 15. Each permitholder shall operate all
  416  performances at the date and time specified on its license. The
  417  department may division shall have the authority to approve
  418  minor changes in racing dates after a license has been issued.
  419  The department division may approve changes in racing dates
  420  after a license has been issued when there is no objection from
  421  any operating permitholder located within 50 miles of the
  422  permitholder requesting the changes in operating dates. In the
  423  event of an objection, the department division shall approve or
  424  disapprove the change in operating dates based upon the impact
  425  on operating permitholders located within 50 miles of the
  426  permitholder requesting the change in operating dates. In making
  427  the determination to change racing dates, the department
  428  division shall consider take into consideration the impact of
  429  such changes on state revenues.
  430         (4) If In the event that a permitholder fails to operate
  431  all performances specified on its license at the date and time
  432  specified, the department division shall hold a hearing to
  433  determine whether to fine or suspend the permitholder’s license,
  434  unless such failure was the direct result of fire, strike, war,
  435  or other disaster or event beyond the ability of the
  436  permitholder to control. Financial hardship to the permitholder
  437  does shall not, in and of itself, constitute just cause for
  438  failure to operate all performances on the dates and at the
  439  times specified.
  440         (5) If In the event that performances licensed to be
  441  operated by a permitholder are vacated, abandoned, or will not
  442  be used for any reason, any permitholder shall be entitled,
  443  pursuant to rules adopted by the department division, to apply
  444  to conduct performances on the dates for which the performances
  445  have been abandoned. The department division shall issue an
  446  amended license for all such replacement performances that which
  447  have been requested in compliance with the provisions of this
  448  chapter and department division rules.
  449         (6) Any permit that which was converted from a jai alai
  450  permit to a greyhound permit may be converted to a jai alai
  451  permit at any time if the permitholder never conducted greyhound
  452  racing or if the permitholder has not conducted greyhound racing
  453  for a period of 12 consecutive months.
  454         Section 11. Section 550.0235, Florida Statutes, is amended
  455  to read:
  456         550.0235 Limitation of civil liability.—A No permittee
  457  conducting a racing meet pursuant to the provisions of this
  458  chapter; the executive director, no division director, bureau
  459  chief, or an employee of the department division; or a and no
  460  steward, judge, or other person appointed to act pursuant to
  461  this chapter is not shall be held liable to any person,
  462  partnership, association, corporation, or other business entity
  463  for any cause whatsoever arising out of, or from, the
  464  performance by such permittee, director, employee, steward,
  465  judge, or other person of her or his duties and the exercise of
  466  her or his discretion with respect to the implementation and
  467  enforcement of the statutes and rules governing the conduct of
  468  pari-mutuel wagering, so long as she or he acted in good faith.
  469  This section does shall not limit liability in any situation in
  470  which the negligent maintenance of the premises or the negligent
  471  conduct of a race contributed to an accident and does not; nor
  472  shall it limit any contractual liability.
  473         Section 12. Section 550.0251, Florida Statutes, is amended
  474  to read:
  475         550.0251 The powers and duties of the Department of Gaming
  476  Control Division of Pari-mutuel Wagering of the Department of
  477  Business and Professional Regulation.—The department division
  478  shall administer this chapter and regulate the pari-mutuel
  479  industry under this chapter and the rules adopted pursuant
  480  thereto, and:
  481         (1) The department division shall make an annual report to
  482  the President of the Senate and the Speaker of the House of
  483  Representatives Governor showing its own actions, receipts
  484  derived under the provisions of this chapter, the practical
  485  effects of the application of this chapter, and any suggestions
  486  it may approve for the more effectual accomplishments of the
  487  purposes of this chapter.
  488         (2) The department division shall require an oath on
  489  application documents as required by rule, which oath must state
  490  that the information contained in the document is true and
  491  complete.
  492         (3) The department division shall adopt reasonable rules
  493  for the control, supervision, and direction of all applicants,
  494  permittees, and licensees and for the holding, conducting, and
  495  operating of all racetracks, race meets, and races held in this
  496  state. Such rules must be uniform in their application and
  497  effect, and the duty of exercising this control and power is
  498  made mandatory upon the department division.
  499         (4) The department division may take testimony concerning
  500  any matter within its jurisdiction and issue summons and
  501  subpoenas for any witness and subpoenas duces tecum in
  502  connection with any matter within the jurisdiction of the
  503  department division under its seal and signed by the director.
  504         (5) The department division may adopt rules establishing
  505  procedures for testing occupational licenseholders officiating
  506  at or participating in any race or game at any pari-mutuel
  507  facility under the jurisdiction of the department division for a
  508  controlled substance or alcohol and may prescribe procedural
  509  matters not in conflict with s. 120.80(18) s. 120.80(4)(a).
  510         (6) In addition to the power to exclude certain persons
  511  from any pari-mutuel facility in this state, the department
  512  division may exclude any person from any and all pari-mutuel
  513  facilities in this state for conduct that would constitute, if
  514  the person were a licensee, a violation of this chapter or the
  515  rules of the department division. The department division may
  516  exclude from any pari-mutuel facility within this state any
  517  person who has been ejected from a pari-mutuel facility in this
  518  state or who has been excluded from any pari-mutuel facility in
  519  another state by the governmental department, agency,
  520  commission, or authority exercising regulatory jurisdiction over
  521  pari-mutuel facilities in such other state. The department
  522  division may authorize any person who has been ejected or
  523  excluded from pari-mutuel facilities in this state or another
  524  state to attend the pari-mutuel facilities in this state upon a
  525  finding that the attendance of such person at pari-mutuel
  526  facilities would not be adverse to the public interest or to the
  527  integrity of the sport or industry; however, this subsection
  528  does shall not be construed to abrogate the common-law right of
  529  a pari-mutuel permitholder to exclude absolutely a patron in
  530  this state.
  531         (7) The department division may oversee the making of, and
  532  distribution from, all pari-mutuel pools.
  533         (8) The department department may collect taxes and require
  534  compliance with reporting requirements for financial information
  535  as authorized by this chapter. In addition, the secretary of the
  536  department may require permitholders conducting pari-mutuel
  537  operations within the state to remit taxes, including fees, by
  538  electronic funds transfer if the taxes and fees amounted to
  539  $50,000 or more in the prior reporting year.
  540         (9) The department division may conduct investigations in
  541  enforcing this chapter, except that all information obtained
  542  pursuant to an investigation by the department division for an
  543  alleged violation of this chapter or rules of the department
  544  division is exempt from s. 119.07(1) and from s. 24(a), Art. I
  545  of the State Constitution until an administrative complaint is
  546  issued or the investigation is closed or ceases to be active.
  547  This subsection does not prohibit the department division from
  548  providing such information to any law enforcement agency or to
  549  any other regulatory agency. For the purposes of this
  550  subsection, an investigation is considered to be active while it
  551  is being conducted with reasonable dispatch and with a
  552  reasonable, good faith belief that it could lead to an
  553  administrative, civil, or criminal action by the department
  554  division or another administrative or law enforcement agency.
  555  Except for active criminal intelligence or criminal
  556  investigative information, as defined in s. 119.011, and any
  557  other information that, if disclosed, would jeopardize the
  558  safety of an individual, all information, records, and
  559  transcriptions become public when the investigation is closed or
  560  ceases to be active.
  561         (10) The department division may impose an administrative
  562  fine for a violation under this chapter of not more than $1,000
  563  for each count or separate offense, except as otherwise provided
  564  in this chapter, and may suspend or revoke a permit, a pari
  565  mutuel license, or an occupational license for a violation under
  566  this chapter. All fines imposed and collected under this
  567  subsection must be deposited with the Chief Financial Officer to
  568  the credit of the General Revenue Fund.
  569         (11) The department division shall supervise and regulate
  570  the welfare of racing animals at pari-mutuel facilities.
  571         (12) The department may division shall have full authority
  572  and power to make, adopt, amend, or repeal rules relating to
  573  cardroom operations, to enforce and to carry out the provisions
  574  of s. 849.086, and to regulate the authorized cardroom
  575  activities in the state.
  576         (13) The department may division shall have the authority
  577  to suspend a permitholder’s permit or license, if such
  578  permitholder is operating a cardroom facility and such
  579  permitholder’s cardroom license has been suspended or revoked
  580  pursuant to s. 849.086.
  581         Section 13. Section 550.0351, Florida Statutes, is amended
  582  to read:
  583         550.0351 Charity racing days.—
  584         (1) The department division shall, upon the request of a
  585  permitholder, authorize each horseracing permitholder, dogracing
  586  permitholder, and jai alai permitholder up to five charity or
  587  scholarship days in addition to the regular racing days
  588  authorized by law.
  589         (2) The proceeds of charity performances shall be paid to
  590  qualified beneficiaries selected by the permitholders from an
  591  authorized list of charities on file with the department
  592  division. Eligible charities include any charity that provides
  593  evidence of compliance with the provisions of chapter 496 and
  594  evidence of possession of a valid exemption from federal
  595  taxation issued by the Internal Revenue Service. In addition,
  596  the authorized list must include the Racing Scholarship Trust
  597  Fund, the Historical Resources Operating Trust Fund, major state
  598  and private institutions of higher learning, and Florida
  599  community colleges.
  600         (3) The permitholder shall, within 120 days after the
  601  conclusion of its fiscal year, pay to the authorized charities
  602  the total of all profits derived from the operation of the
  603  charity day performances conducted. If charity days are operated
  604  on behalf of another permitholder pursuant to law, the
  605  permitholder entitled to distribute the proceeds shall
  606  distribute the proceeds to charity within 30 days after the
  607  actual receipt of the proceeds.
  608         (4) The total of all profits derived from the conduct of a
  609  charity day performance must include all revenues derived from
  610  the conduct of that racing performance, including all state
  611  taxes that would otherwise be due to the state, except that the
  612  daily license fee as provided in s. 550.0951(1) and the breaks
  613  for the promotional trust funds as provided in s. 550.2625(3),
  614  (4), (5), (7), and (8) shall be paid to the department division.
  615  All other revenues from the charity racing performance,
  616  including the commissions, breaks, and admissions and the
  617  revenues from parking, programs, and concessions, shall be
  618  included in the total of all profits.
  619         (5) In determining profit, the permitholder may elect to
  620  distribute as proceeds only the amount equal to the state tax
  621  that would otherwise be paid to the state if the charity day
  622  were conducted as a regular or matinee performance.
  623         (6)(a) The department division shall authorize one
  624  additional scholarship day for horseracing in addition to the
  625  regular racing days authorized by law and any additional days
  626  authorized by this section, to be conducted at all horse
  627  racetracks located in Hillsborough County. The permitholder
  628  shall conduct a full schedule of racing on the scholarship day.
  629         (b) The funds derived from the operation of the additional
  630  scholarship day shall be allocated as provided in this section
  631  and paid to Pasco-Hernando Community College.
  632         (c) When a charity or scholarship performance is conducted
  633  as a matinee performance, the department division may authorize
  634  the permitholder to conduct the evening performances of that
  635  operation day as a regular performance in addition to the
  636  regular operating days authorized by law.
  637         (7) In addition to the charity days authorized by this
  638  section, any dogracing permitholder may allow its facility to be
  639  used for conducting “hound dog derbies” or “mutt derbies” on any
  640  day during each racing season by any charitable, civic, or
  641  nonprofit organization for the purpose of conducting “hound dog
  642  derbies” or “mutt derbies” if only dogs other than those usually
  643  used in dogracing (greyhounds) are permitted to race and if
  644  adults and minors are allowed to participate as dog owners or
  645  spectators. During these racing events, betting, gambling, and
  646  the sale or use of alcoholic beverages is prohibited.
  647         (8) In addition to the eligible charities that meet the
  648  criteria set forth in this section, a jai alai permitholder is
  649  authorized to conduct two additional charity performances each
  650  fiscal year for a fund to benefit retired jai alai players. This
  651  performance shall be known as the “Retired Jai Alai Players
  652  Charity Day.” The administration of this fund shall be
  653  determined by rule by the department division.
  654         Section 14. Section 550.054, Florida Statutes, is amended
  655  to read:
  656         550.054 Application for permit to conduct pari-mutuel
  657  wagering.—
  658         (1) Any person who possesses the qualifications prescribed
  659  in this chapter may apply to the department division for a
  660  permit to conduct pari-mutuel operations under this chapter.
  661  Applications for a pari-mutuel permit are exempt from the 90-day
  662  licensing requirement of s. 120.60. Within 120 days after
  663  receipt of a complete application, the department division shall
  664  grant or deny the permit. A completed application that is not
  665  acted upon within 120 days after receipt is deemed approved, and
  666  the department division shall grant the permit.
  667         (2) Upon each application filed and approved, a permit
  668  shall be issued to the applicant setting forth the name of the
  669  permitholder, the location of the pari-mutuel facility, the type
  670  of pari-mutuel activity desired to be conducted, and a statement
  671  showing qualifications of the applicant to conduct pari-mutuel
  672  performances under this chapter; however, a permit is
  673  ineffectual to authorize any pari-mutuel performances until
  674  approved by a majority of the electors participating in a
  675  ratification election in the county in which the applicant
  676  proposes to conduct pari-mutuel wagering activities. In
  677  addition, an application may not be considered, nor may a permit
  678  be issued by the department division or be voted upon in any
  679  county, to conduct horseraces, harness horse races, or dograces
  680  at a location within 100 miles of an existing pari-mutuel
  681  facility, or for jai alai within 50 miles of an existing pari
  682  mutuel facility; this distance shall be measured on a straight
  683  line from the nearest property line of one pari-mutuel facility
  684  to the nearest property line of the other facility.
  685         (3) The department division shall require that each
  686  applicant submit an application setting forth:
  687         (a) The full name of the applicant.
  688         (b) If a corporation, the name of the state in which
  689  incorporated and the names and addresses of the officers,
  690  directors, and shareholders holding 5 percent or more equity or,
  691  if a business entity other than a corporation, the names and
  692  addresses of the principals, partners, or shareholders holding 5
  693  percent or more equity.
  694         (c) The names and addresses of the ultimate equitable
  695  owners for a corporation or other business entity, if different
  696  from those provided under paragraph (b), unless the securities
  697  of the corporation or entity are registered pursuant to s. 12 of
  698  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
  699  if such corporation or entity files with the United States
  700  Securities and Exchange Commission the reports required by s. 13
  701  of that act or if the securities of the corporation or entity
  702  are regularly traded on an established securities market in the
  703  United States.
  704         (d) The exact location where the applicant will conduct
  705  pari-mutuel performances.
  706         (e) Whether the pari-mutuel facility is owned or leased
  707  and, if leased, the name and residence of the fee owner or, if a
  708  corporation, the names and addresses of the directors and
  709  stockholders thereof. However, this chapter does not prevent a
  710  person from applying to the department division for a permit to
  711  conduct pari-mutuel operations, regardless of whether the pari
  712  mutuel facility has been constructed or not, and having an
  713  election held in any county at the same time that elections are
  714  held for the ratification of any permit in that county.
  715         (f) A statement of the assets and liabilities of the
  716  applicant.
  717         (g) The names and addresses of any mortgagee of any pari
  718  mutuel facility and any financial agreement between the parties.
  719  The department division may require the names and addresses of
  720  the officers and directors of the mortgagee, and of those
  721  stockholders who hold more than 10 percent of the stock of the
  722  mortgagee.
  723         (h) A business plan for the first year of operation.
  724         (i) For each individual listed in the application as an
  725  owner, partner, officer, or director, a complete set of
  726  fingerprints that has been taken by an authorized law
  727  enforcement officer. These sets of fingerprints must be
  728  submitted to the Federal Bureau of Investigation for processing.
  729  Applicants who are foreign nationals shall submit such documents
  730  as necessary to allow the department division to conduct
  731  criminal history records checks in the applicant’s home country.
  732  The applicant must pay the cost of processing. The department
  733  division may charge a $2 handling fee for each set of
  734  fingerprint records.
  735         (j) The type of pari-mutuel activity to be conducted and
  736  the desired period of operation.
  737         (k) Other information the department division requires.
  738         (4) The department division shall require each applicant to
  739  deposit with the board of county commissioners of the county in
  740  which the election is to be held, a sufficient sum, in currency
  741  or by check certified by a bank licensed to do business in the
  742  state to pay the expenses of holding the election provided in s.
  743  550.0651.
  744         (5) Upon receiving an application and any amendments
  745  properly made thereto, the department division shall further
  746  investigate the matters contained in the application. If the
  747  applicant meets all requirements, conditions, and qualifications
  748  set forth in this chapter and the rules of the department
  749  division, the department division shall grant the permit.
  750         (6) After initial approval of the permit and the source of
  751  financing, the terms and parties of any subsequent refinancing
  752  must be disclosed by the applicant or the permitholder to the
  753  department division.
  754         (7) If the department division refuses to grant the permit,
  755  the money deposited with the board of county commissioners for
  756  holding the election must be refunded to the applicant. If the
  757  department division grants the permit applied for, the board of
  758  county commissioners shall order an election in the county to
  759  decide whether the permit will be approved, as provided in s.
  760  550.0651.
  761         (8)(a) The department division may charge the applicant for
  762  reasonable, anticipated costs incurred by the department
  763  division in determining the eligibility of any person or entity
  764  specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
  765  against such person or entity.
  766         (b) The department division may, by rule, determine the
  767  manner of paying its anticipated costs associated with
  768  determination of eligibility and the procedure for filing
  769  applications for determination of eligibility.
  770         (c) The department division shall furnish to the applicant
  771  an itemized statement of actual costs incurred during the
  772  investigation to determine eligibility.
  773         (d) If unused funds remain at the conclusion of such
  774  investigation, they must be returned to the applicant within 60
  775  days after the determination of eligibility has been made.
  776         (e) If the actual costs of investigation exceed anticipated
  777  costs, the department division shall assess the applicant the
  778  amount necessary to recover all actual costs.
  779         (9)(a) After a permit has been granted by the department
  780  division and has been ratified and approved by the majority of
  781  the electors participating in the election in the county
  782  designated in the permit, the department division shall grant to
  783  the lawful permitholder, subject to the conditions of this
  784  chapter, a license to conduct pari-mutuel operations under this
  785  chapter, and, except as provided in s. 550.5251, the department
  786  division shall fix annually the time, place, and number of days
  787  during which pari-mutuel operations may be conducted by the
  788  permitholder at the location fixed in the permit and ratified in
  789  the election. After the first license has been issued to the
  790  holder of a ratified permit for racing in any county, all
  791  subsequent annual applications for a license by that
  792  permitholder must be accompanied by proof, in such form as the
  793  department division requires, that the ratified permitholder
  794  still possesses all the qualifications prescribed by this
  795  chapter and that the permit has not been recalled at a later
  796  election held in the county.
  797         (b) The department division may revoke or suspend any
  798  permit or license issued under this chapter upon the willful
  799  violation by the permitholder or licensee of any provision of
  800  this chapter or of any rule adopted under this chapter. In lieu
  801  of suspending or revoking a permit or license, the department
  802  division may impose a civil penalty against the permitholder or
  803  licensee for a violation of this chapter or any rule adopted by
  804  the department division. The penalty so imposed may not exceed
  805  $1,000 for each count or separate offense. All penalties imposed
  806  and collected must be deposited with the Chief Financial Officer
  807  to the credit of the General Revenue Fund.
  808         (10) If a permitholder has failed to complete construction
  809  of at least 50 percent of the facilities necessary to conduct
  810  pari-mutuel operations within 12 months after approval by the
  811  voters of the permit, the department division shall revoke the
  812  permit upon adequate notice to the permitholder. However, the
  813  department division, upon good cause shown by the permitholder,
  814  may grant one extension of up to 12 months.
  815         (11)(a) A permit granted under this chapter may not be
  816  transferred or assigned except upon written approval by the
  817  department division pursuant to s. 550.1815, except that the
  818  holder of any permit that has been converted to a jai alai
  819  permit may lease or build anywhere within the county in which
  820  its permit is located.
  821         (b) If a permit to conduct pari-mutuel wagering is held by
  822  a corporation or business entity other than an individual, the
  823  transfer of 10 percent or more of the stock or other evidence of
  824  ownership or equity in the permitholder may not be made without
  825  the prior approval of the transferee by the department division
  826  pursuant to s. 550.1815.
  827         (12) Changes in ownership or interest of a pari-mutuel
  828  permit of 5 percent or more of the stock or other evidence of
  829  ownership or equity in the permitholder must shall be approved
  830  by the department before division prior to such change, unless
  831  the owner is an existing owner of that permit who was previously
  832  approved by the department division. Changes in ownership or
  833  interest of a pari-mutuel permit of less than 5 percent must
  834  shall be reported to the department division within 20 days of
  835  the change. The department division may then conduct an
  836  investigation to ensure that the permit is properly updated to
  837  show the change in ownership or interest.
  838         (13)(a) Notwithstanding any provisions of this chapter, a
  839  no thoroughbred horse racing permit or license issued under this
  840  chapter may not shall be transferred, or reissued if when such
  841  reissuance is in the nature of a transfer so as to permit or
  842  authorize a licensee to change the location of a thoroughbred
  843  horse racetrack except upon proof in such form as the department
  844  division may prescribe that a referendum election has been held:
  845         1. If the proposed new location is within the same county
  846  as the already licensed location, in the county where the
  847  licensee desires to conduct the race meeting and that a majority
  848  of the electors voting on that question in such election voted
  849  in favor of the transfer of such license.
  850         2. If the proposed new location is not within the same
  851  county as the already licensed location, in the county where the
  852  licensee desires to conduct the race meeting and in the county
  853  where the licensee is already licensed to conduct the race
  854  meeting and that a majority of the electors voting on that
  855  question in each such election voted in favor of the transfer of
  856  such license.
  857         (b) Each referendum held under the provisions of this
  858  subsection shall be held in accordance with the electoral
  859  procedures for ratification of permits, as provided in s.
  860  550.0651. The expense of each such referendum shall be borne by
  861  the licensee requesting the transfer.
  862         (14)(a) Any holder of a permit to conduct jai alai may
  863  apply to the department division to convert such permit to a
  864  permit to conduct greyhound racing in lieu of jai alai if:
  865         1. Such permit is located in a county in which the
  866  department division has issued only two pari-mutuel permits
  867  pursuant to this section;
  868         2. Such permit was not previously converted from any other
  869  class of permit; and
  870         3. The holder of the permit has not conducted jai alai
  871  games during a period of 10 years immediately preceding his or
  872  her application for conversion under this subsection.
  873         (b) The department division, upon application from the
  874  holder of a jai alai permit meeting all conditions of this
  875  section, shall convert the permit and shall issue to the
  876  permitholder a permit to conduct greyhound racing. A
  877  permitholder of a permit converted under this section shall be
  878  required to apply for and conduct a full schedule of live racing
  879  each fiscal year to be eligible for any tax credit provided by
  880  this chapter. The holder of a permit converted pursuant to this
  881  subsection or any holder of a permit to conduct greyhound racing
  882  located in a county in which it is the only permit issued
  883  pursuant to this section who operates at a leased facility
  884  pursuant to s. 550.475 may move the location for which the
  885  permit has been issued to another location within a 30-mile
  886  radius of the location fixed in the permit issued in that
  887  county, provided the move does not cross the county boundary and
  888  such location is approved under the zoning regulations of the
  889  county or municipality in which the permit is located, and upon
  890  such relocation may use the permit for the conduct of pari
  891  mutuel wagering and the operation of a cardroom. The provisions
  892  of s. 550.6305(9)(d) and (f) shall apply to any permit converted
  893  under this subsection and shall continue to apply to any permit
  894  that which was previously included under and subject to such
  895  provisions before a conversion pursuant to this section
  896  occurred.
  897         Section 15. Subsection (2) of section 550.0555, Florida
  898  Statutes, is amended to read:
  899         550.0555 Greyhound dogracing permits; relocation within a
  900  county; conditions.—
  901         (2) Any holder of a valid outstanding permit for greyhound
  902  dogracing in a county in which there is only one dogracing
  903  permit issued, as well as any holder of a valid outstanding
  904  permit for jai alai in a county where only one jai alai permit
  905  is issued, is authorized, without the necessity of an additional
  906  county referendum required under s. 550.0651, to move the
  907  location for which the permit has been issued to another
  908  location within a 30-mile radius of the location fixed in the
  909  permit issued in that county, if provided the move does not
  910  cross the county boundary, that such relocation is approved
  911  under the zoning regulations of the county or municipality in
  912  which the permit is to be located as a planned development use,
  913  consistent with the comprehensive plan, and that such move is
  914  approved by the department after it is determined at a
  915  proceeding pursuant to chapter 120 in the county affected that
  916  the move is necessary to ensure the revenue-producing capability
  917  of the permittee without deteriorating the revenue-producing
  918  capability of any other pari-mutuel permittee within 50 miles;
  919  the distance shall be measured on a straight line from the
  920  nearest property line of one racing plant or jai alai fronton to
  921  the nearest property line of the other.
  922         Section 16. Section 550.0651, Florida Statutes, is amended
  923  to read:
  924         550.0651 Elections for ratification of permits.—
  925         (1) The holder of any permit may have submitted to the
  926  electors of the county designated therein the question whether
  927  or not such permit will be ratified or rejected. Such questions
  928  shall be submitted to the electors for approval or rejection at
  929  a special election to be called for that purpose only. The board
  930  of county commissioners of the county designated, upon the
  931  presentation to such board at a regular or special meeting of a
  932  written application, accompanied by a certified copy of the
  933  permit granted by the department division, and asking for an
  934  election in the county in which the application was made, shall
  935  order a special election in the county for the particular
  936  purpose of deciding whether such permit shall be approved and
  937  license issued and race meetings permitted in such county by
  938  such permittee and shall cause the clerk of such board to give
  939  notice of the special election by publishing the same once each
  940  week for 2 consecutive weeks in one or more newspapers of
  941  general circulation in the county. Each permit covering each
  942  track must be voted upon separately and in separate elections,
  943  and an election may not be called more often than once every 2
  944  years for the ratification of any permit covering the same
  945  track.
  946         (2) All elections ordered under this chapter must be held
  947  within 90 days and not less than 21 days after the time of
  948  presenting such application to the board of county
  949  commissioners, and the inspectors of election shall be appointed
  950  and qualified as in cases of general elections, and they shall
  951  count the votes cast and make due returns of same to the board
  952  of county commissioners without delay. The board of county
  953  commissioners shall canvass the returns, declare the results,
  954  and cause the same to be recorded as provided in the general law
  955  concerning elections so far as applicable.
  956         (3) When a permit has been granted by the department
  957  division and no application to the board of county commissioners
  958  has been made by the permittee within 6 months after the
  959  granting of the permit, the permit becomes void. The department
  960  division shall cancel the permit without notice to the
  961  permitholder, and the board of county commissioners holding the
  962  deposit for the election shall refund the deposit to the
  963  permitholder upon being notified by the department division that
  964  the permit has become void and has been canceled.
  965         (4) All electors duly registered and qualified to vote at
  966  the last preceding general election held in such county are
  967  qualified electors for such election, and in addition thereto
  968  the registration books for such county shall be opened on the
  969  10th day (if the 10th day is a Sunday or a holiday, then on the
  970  next day not a Sunday or holiday) after such election is ordered
  971  and called and must remain open for a period of 10 days for
  972  additional registrations of persons qualified for registration
  973  but not already registered. Electors for such special election
  974  have the same qualifications for and prerequisites to voting in
  975  elections as under the general election laws.
  976         (5) If at any such special election the majority of the
  977  electors voting on the question of ratification or rejection of
  978  any permit vote against such ratification, such permit is void.
  979  If a majority of the electors voting on the question of
  980  ratification or rejection of any permit vote for such
  981  ratification, such permit becomes effectual and the holder
  982  thereof may conduct racing upon complying with the other
  983  provisions of this chapter. The board of county commissioners
  984  shall immediately certify the results of the election to the
  985  department division.
  986         Section 17. Subsections (1) and (4) of section 550.0745,
  987  Florida Statutes, are amended to read:
  988         550.0745 Conversion of pari-mutuel permit to summer jai
  989  alai permit.—
  990         (1) The owner or operator of a pari-mutuel permit who is
  991  authorized by the department division to conduct pari-mutuel
  992  pools on exhibition sports in any county having five or more
  993  such pari-mutuel permits and whose mutuel play from the
  994  operation of such pari-mutuel pools for the 2 consecutive years
  995  next prior to filing an application under this section has had
  996  the smallest play or total pool within the county may apply to
  997  the department division to convert its permit to a permit to
  998  conduct a summer jai alai fronton in such county during the
  999  summer season commencing on May 1 and ending on November 30 of
 1000  each year on such dates as may be selected by such permittee for
 1001  the same number of days and performances as are allowed and
 1002  granted to winter jai alai frontons within such county. If a
 1003  permittee who is eligible under this section to convert a permit
 1004  declines to convert, a new permit is hereby made available in
 1005  that permittee’s county to conduct summer jai alai games as
 1006  provided by this section, notwithstanding mileage and permit
 1007  ratification requirements. If a permittee converts a quarter
 1008  horse permit pursuant to this section, nothing in this section
 1009  prohibits the permittee from obtaining another quarter horse
 1010  permit. Such permittee shall pay the same taxes as are fixed and
 1011  required to be paid from the pari-mutuel pools of winter jai
 1012  alai permittees and is bound by all of the rules and provisions
 1013  of this chapter which apply to the operation of winter jai alai
 1014  frontons. Such permittee shall only be permitted to operate a
 1015  jai alai fronton after its application has been submitted to the
 1016  department division and its license has been issued pursuant to
 1017  the application. The license is renewable from year to year as
 1018  provided by law.
 1019         (4) The provisions of this chapter which prohibit the
 1020  location and operation of jai alai frontons within a specified
 1021  distance from the location of another jai alai fronton or other
 1022  permittee and which prohibit the department division from
 1023  granting any permit at a location within a certain designated
 1024  area do not apply to the provisions of this section and do not
 1025  prevent the issuance of a license under this section.
 1026         Section 18. Section 550.0951, Florida Statutes, is amended
 1027  to read:
 1028         550.0951 Payment of daily license fee and taxes;
 1029  penalties.—
 1030         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1031  business of conducting race meetings or jai alai games under
 1032  this chapter, hereinafter referred to as the “permitholder,”
 1033  “licensee,” or “permittee,” shall pay to the department
 1034  division, for the use of the department division, a daily
 1035  license fee on each live or simulcast pari-mutuel event of $100
 1036  for each horserace and $80 for each dograce and $40 for each jai
 1037  alai game conducted at a racetrack or fronton licensed under
 1038  this chapter. In addition to the tax exemption specified in s.
 1039  550.09514(1) of $360,000 or $500,000 per greyhound permitholder
 1040  per state fiscal year, each greyhound permitholder shall receive
 1041  in the current state fiscal year a tax credit equal to the
 1042  number of live greyhound races conducted in the previous state
 1043  fiscal year times the daily license fee specified for each
 1044  dograce in this subsection applicable for the previous state
 1045  fiscal year. This tax credit and the exemption in s.
 1046  550.09514(1) shall be applicable to any tax imposed by this
 1047  chapter or the daily license fees imposed by this chapter except
 1048  during any charity or scholarship performances conducted
 1049  pursuant to s. 550.0351. Each permitholder shall pay daily
 1050  license fees not to exceed $500 per day on any simulcast races
 1051  or games on which such permitholder accepts wagers regardless of
 1052  the number of out-of-state events taken or the number of out-of
 1053  state locations from which such events are taken. This license
 1054  fee shall be deposited with the Chief Financial Officer to the
 1055  credit of the Pari-mutuel Wagering Trust Fund.
 1056         (b) Each permitholder that cannot utilize the full amount
 1057  of the exemption of $360,000 or $500,000 provided in s.
 1058  550.09514(1) or the daily license fee credit provided in this
 1059  section may, after notifying the department division in writing,
 1060  elect once per state fiscal year on a form provided by the
 1061  department division to transfer such exemption or credit or any
 1062  portion thereof to any greyhound permitholder that which acts as
 1063  a host track to such permitholder for the purpose of intertrack
 1064  wagering. Once an election to transfer such exemption or credit
 1065  is filed with the department division, it may shall not be
 1066  rescinded. The department division shall disapprove the transfer
 1067  when the amount of the exemption or credit or portion thereof is
 1068  unavailable to the transferring permitholder or when the
 1069  permitholder who is entitled to transfer the exemption or credit
 1070  or who is entitled to receive the exemption or credit owes taxes
 1071  to the state pursuant to a deficiency letter or administrative
 1072  complaint issued by the department division. Upon approval of
 1073  the transfer by the department division, the transferred tax
 1074  exemption or credit shall be effective for the first performance
 1075  of the next payment period as specified in subsection (5). The
 1076  exemption or credit transferred to such host track may be
 1077  applied by such host track against any taxes imposed by this
 1078  chapter or daily license fees imposed by this chapter. The
 1079  greyhound permitholder host track to which such exemption or
 1080  credit is transferred shall reimburse such permitholder the
 1081  exact monetary value of such transferred exemption or credit as
 1082  actually applied against the taxes and daily license fees of the
 1083  host track. The department division shall ensure that all
 1084  transfers of exemption or credit are made in accordance with
 1085  this subsection, and the department may shall have the authority
 1086  to adopt rules to ensure the implementation of this section.
 1087         (2) ADMISSION TAX.—
 1088         (a) An admission tax equal to 15 percent of the admission
 1089  charge for entrance to the permitholder’s facility and
 1090  grandstand area, or 10 cents, whichever is greater, is imposed
 1091  on each person attending a horserace, dograce, or jai alai game.
 1092  The permitholder shall be responsible for collecting the
 1093  admission tax.
 1094         (b) No admission tax under this chapter or chapter 212
 1095  shall be imposed on any free passes or complimentary cards
 1096  issued to persons for which there is no cost to the person for
 1097  admission to pari-mutuel events.
 1098         (c) A permitholder may issue tax-free passes to its
 1099  officers, officials, and employees or other persons actually
 1100  engaged in working at the racetrack, including accredited press
 1101  representatives such as reporters and editors, and may also
 1102  issue tax-free passes to other permitholders for the use of
 1103  their officers and officials. The permitholder shall file with
 1104  the department division a list of all persons to whom tax-free
 1105  passes are issued under this paragraph.
 1106         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1107  contributions to pari-mutuel pools, the aggregate of which is
 1108  hereinafter referred to as “handle,” on races or games conducted
 1109  by the permitholder. The tax is imposed daily and is based on
 1110  the total contributions to all pari-mutuel pools conducted
 1111  during the daily performance. If a permitholder conducts more
 1112  than one performance daily, the tax is imposed on each
 1113  performance separately.
 1114         (a) The tax on handle for quarter horse racing is 1.0
 1115  percent of the handle.
 1116         (b)1. The tax on handle for dogracing is 5.5 percent of the
 1117  handle, except that for live charity performances held pursuant
 1118  to s. 550.0351, and for intertrack wagering on such charity
 1119  performances at a guest greyhound track within the market area
 1120  of the host, the tax is 7.6 percent of the handle.
 1121         2. The tax on handle for jai alai is 7.1 percent of the
 1122  handle.
 1123         (c)1. The tax on handle for intertrack wagering is 2.0
 1124  percent of the handle if the host track is a horse track, 3.3
 1125  percent if the host track is a harness track, 5.5 percent if the
 1126  host track is a dog track, and 7.1 percent if the host track is
 1127  a jai alai fronton. The tax on handle for intertrack wagering is
 1128  0.5 percent if the host track and the guest track are
 1129  thoroughbred permitholders or if the guest track is located
 1130  outside the market area of the host track and within the market
 1131  area of a thoroughbred permitholder currently conducting a live
 1132  race meet. The tax on handle for intertrack wagering on
 1133  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
 1134  of the handle and 1.5 percent of the handle for intertrack
 1135  wagering on rebroadcasts of simulcast harness horseraces. The
 1136  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
 1137         2. The tax on handle for intertrack wagers accepted by any
 1138  dog track located in an area of the state in which there are
 1139  only three permitholders, all of which are greyhound
 1140  permitholders, located in three contiguous counties, from any
 1141  greyhound permitholder also located within such area or any dog
 1142  track or jai alai fronton located as specified in s. 550.615(6)
 1143  or (9), on races or games received from the same class of
 1144  permitholder located within the same market area is 3.9 percent
 1145  if the host facility is a greyhound permitholder and, if the
 1146  host facility is a jai alai permitholder, the rate shall be 6.1
 1147  percent except that it shall be 2.3 percent on handle at such
 1148  time as the total tax on intertrack handle paid to the
 1149  department division by the permitholder during the current state
 1150  fiscal year exceeds the total tax on intertrack handle paid to
 1151  the department division by the permitholder during the 1992-1993
 1152  state fiscal year.
 1153         (d) Notwithstanding any other provision of this chapter, in
 1154  order to protect the Florida jai alai industry, effective July
 1155  1, 2000, a jai alai permitholder may not be taxed on live handle
 1156  at a rate higher than 2 percent.
 1157         (4) BREAKS TAX.—Effective October 1, 1996, Each
 1158  permitholder conducting jai alai performances shall pay a tax
 1159  equal to the breaks. The “breaks” represents that portion of
 1160  each pari-mutuel pool which is not redistributed to the
 1161  contributors or withheld by the permitholder as commission.
 1162         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1163  imposed by this section shall be paid to the department
 1164  division. The department division shall deposit these sums with
 1165  the Chief Financial Officer, to the credit of the Pari-mutuel
 1166  Wagering Trust Fund, hereby established. The permitholder shall
 1167  remit to the department division payment for the daily license
 1168  fee, the admission tax, the tax on handle, and the breaks tax.
 1169  Such payments shall be remitted by 3 p.m. Wednesday of each week
 1170  for taxes imposed and collected for the preceding week ending on
 1171  Sunday. Beginning on July 1, 2012, such payments shall be
 1172  remitted by 3 p.m. on the 5th day of each calendar month for
 1173  taxes imposed and collected for the preceding calendar month. If
 1174  the 5th day of the calendar month falls on a weekend, payments
 1175  shall be remitted by 3 p.m. the first Monday following the
 1176  weekend. Permitholders shall file a report under oath by the 5th
 1177  day of each calendar month for all taxes remitted during the
 1178  preceding calendar month. Such payments shall be accompanied by
 1179  a report under oath showing the total of all admissions, the
 1180  pari-mutuel wagering activities for the preceding calendar
 1181  month, and such other information as may be prescribed by the
 1182  department division.
 1183         (6) PENALTIES.—
 1184         (a) The failure of any permitholder to make payments as
 1185  prescribed in subsection (5) is a violation of this section, and
 1186  the permitholder may be subjected by the department division to
 1187  a civil penalty of up to $1,000 for each day the tax payment is
 1188  not remitted. All penalties imposed and collected shall be
 1189  deposited in the General Revenue Fund. If a permitholder fails
 1190  to pay penalties imposed by order of the department division
 1191  under this subsection, the department division may suspend or
 1192  revoke the license of the permitholder, cancel the permit of the
 1193  permitholder, or deny issuance of any further license or permit
 1194  to the permitholder.
 1195         (b) In addition to the civil penalty prescribed in
 1196  paragraph (a), any willful or wanton failure by any permitholder
 1197  to make payments of the daily license fee, admission tax, tax on
 1198  handle, or breaks tax constitutes sufficient grounds for the
 1199  department division to suspend or revoke the license of the
 1200  permitholder, to cancel the permit of the permitholder, or to
 1201  deny issuance of any further license or permit to the
 1202  permitholder.
 1203         Section 19. Subsections (2) and (3) of section 550.09511,
 1204  Florida Statutes, are amended to read:
 1205         550.09511 Jai alai taxes; abandoned interest in a permit
 1206  for nonpayment of taxes.—
 1207         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1208  wagering on live jai alai performances shall be subject to the
 1209  following taxes:
 1210         (a)1. The tax on handle per performance for live jai alai
 1211  performances is 4.25 percent of handle per performance. However,
 1212  when the live handle of a permitholder during the preceding
 1213  state fiscal year was less than $15 million, the tax shall be
 1214  paid on the handle in excess of $30,000 per performance per day.
 1215         2. The tax rate shall be applicable only until the
 1216  requirements of paragraph (b) are met.
 1217         (b) At such time as the total of admissions tax, daily
 1218  license fee, and tax on handle for live jai alai performances
 1219  paid to the department division by a permitholder during the
 1220  current state fiscal year exceeds the total state tax revenues
 1221  from wagering on live jai alai performances paid or due by the
 1222  permitholder in fiscal year 1991-1992, the permitholder shall
 1223  pay tax on handle for live jai alai performances at a rate of
 1224  2.55 percent of the handle per performance for the remainder of
 1225  the current state fiscal year. For purposes of this section,
 1226  total state tax revenues on live jai alai wagering in fiscal
 1227  year 1991-1992 shall include any admissions tax, tax on handle,
 1228  surtaxes on handle, and daily license fees.
 1229         (c) If no tax on handle for live jai alai performances were
 1230  paid to the department division by a jai alai permitholder
 1231  during the 1991-1992 state fiscal year, then at such time as the
 1232  total of admissions tax, daily license fee, and tax on handle
 1233  for live jai alai performances paid to the department division
 1234  by a permitholder during the current state fiscal year exceeds
 1235  the total state tax revenues from wagering on live jai alai
 1236  performances paid or due by the permitholder in the last state
 1237  fiscal year in which the permitholder conducted a full schedule
 1238  of live games, the permitholder shall pay tax on handle for live
 1239  jai alai performances at a rate of 3.3 percent of the handle per
 1240  performance for the remainder of the current state fiscal year.
 1241  For purposes of this section, total state tax revenues on live
 1242  jai alai wagering shall include any admissions tax, tax on
 1243  handle, surtaxes on handle, and daily license fees. This
 1244  paragraph shall take effect July 1, 1993.
 1245         (d) A permitholder who obtains a new permit issued by the
 1246  department division subsequent to the 1991-1992 state fiscal
 1247  year and a permitholder whose permit has been converted to a jai
 1248  alai permit under the provisions of this chapter, shall, at such
 1249  time as the total of admissions tax, daily license fee, and tax
 1250  on handle for live jai alai performances paid to the department
 1251  division by the permitholder during the current state fiscal
 1252  year exceeds the average total state tax revenues from wagering
 1253  on live jai alai performances for the first 3 consecutive jai
 1254  alai seasons paid to or due the department division by the
 1255  permitholder and during which the permitholder conducted a full
 1256  schedule of live games, pay tax on handle for live jai alai
 1257  performances at a rate of 3.3 percent of the handle per
 1258  performance for the remainder of the current state fiscal year.
 1259         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1260  and (d) shall be calculated and commence beginning the day in
 1261  which the permitholder is first entitled to the reduced rate
 1262  specified in this section and the report of taxes required by s.
 1263  550.0951(5) is submitted to the department division.
 1264         (f) A jai alai permitholder paying taxes under this section
 1265  shall retain the breaks and pay an amount equal to the breaks as
 1266  special prize awards, which shall be in addition to the regular
 1267  contracted prize money paid to jai alai players at the
 1268  permitholder’s facility. Payment of the special prize money
 1269  shall be made during the permitholder’s current meet.
 1270         (g) For purposes of this section, “handle” has shall have
 1271  the same meaning as in s. 550.0951, and does shall not include
 1272  handle from intertrack wagering.
 1273         (3)(a) Notwithstanding the provisions of subsection (2) and
 1274  s. 550.0951(3)(c)1., any jai alai permitholder that which is
 1275  restricted under Florida law from operating live performances on
 1276  a year-round basis is entitled to conduct wagering on live
 1277  performances at a tax rate of 3.85 percent of live handle. Such
 1278  permitholder is also entitled to conduct intertrack wagering as
 1279  a host permitholder on live jai alai games at its fronton at a
 1280  tax rate of 3.3 percent of handle at such time as the total tax
 1281  on intertrack handle paid to the department division by the
 1282  permitholder during the current state fiscal year exceeds the
 1283  total tax on intertrack handle paid to the department division
 1284  by the permitholder during the 1992-1993 state fiscal year.
 1285         (b) The payment of taxes pursuant to paragraph (a) shall be
 1286  calculated and commence beginning the day in which the
 1287  permitholder is first entitled to the reduced rate specified in
 1288  this subsection.
 1289         Section 20. Section 550.09512, Florida Statutes, is amended
 1290  to read:
 1291         550.09512 Harness horse taxes; abandoned interest in a
 1292  permit for nonpayment of taxes.—
 1293         (1) Pari-mutuel wagering at harness horse racetracks in
 1294  this state is an important business enterprise, and taxes
 1295  derived therefrom constitute a part of the tax structure which
 1296  funds operation of the state. Harness horse permitholders should
 1297  pay their fair share of these taxes to the state. This business
 1298  interest should not be taxed to such an extent as to cause any
 1299  racetrack that which is operated under sound business principles
 1300  to be forced out of business. Due to the need to protect the
 1301  public health, safety, and welfare, the gaming laws of the state
 1302  provide for the harness horse industry to be highly regulated
 1303  and taxed. The state recognizes that there exist identifiable
 1304  differences between harness horse permitholders based upon their
 1305  ability to operate under such regulation and tax system.
 1306         (2)(a) The tax on handle for live harness horse
 1307  performances is 0.5 percent of handle per performance.
 1308         (b) For purposes of this section, the term “handle” has
 1309  shall have the same meaning as in s. 550.0951, and does shall
 1310  not include handle from intertrack wagering.
 1311         (3)(a) The permit of a harness horse permitholder who does
 1312  not pay tax on handle for live harness horse performances for a
 1313  full schedule of live races during any 2 consecutive state
 1314  fiscal years shall be void and shall escheat to and become the
 1315  property of the state unless such failure to operate and pay tax
 1316  on handle was the direct result of fire, strike, war, or other
 1317  disaster or event beyond the ability of the permitholder to
 1318  control. Financial hardship to the permitholder does shall not,
 1319  in and of itself, constitute just cause for failure to operate
 1320  and pay tax on handle.
 1321         (b) In order to maximize the tax revenues to the state, the
 1322  department division shall reissue an escheated harness horse
 1323  permit to a qualified applicant pursuant to the provisions of
 1324  this chapter as for the issuance of an initial permit. However,
 1325  the provisions of this chapter relating to referendum
 1326  requirements for a pari-mutuel permit do shall not apply to the
 1327  reissuance of an escheated harness horse permit. As specified in
 1328  the application and upon approval by the department division of
 1329  an application for the permit, the new permitholder is shall be
 1330  authorized to operate a harness horse facility anywhere in the
 1331  same county in which the escheated permit was authorized to be
 1332  operated, notwithstanding the provisions of s. 550.054(2)
 1333  relating to mileage limitations.
 1334         (4) If In the event that a court of competent jurisdiction
 1335  determines any of the provisions of this section to be
 1336  unconstitutional, it is the intent of the Legislature that the
 1337  provisions contained in this section shall be null and void and
 1338  that the provisions of s. 550.0951 shall apply to all harness
 1339  horse permitholders beginning on the date of such judicial
 1340  determination. To this end, the Legislature declares that it
 1341  would not have enacted any of the provisions of this section
 1342  individually and, to that end, expressly finds them not to be
 1343  severable.
 1344         Section 21. Subsection (2) of section 550.09514, Florida
 1345  Statutes, is amended to read:
 1346         550.09514 Greyhound dogracing taxes; purse requirements.—
 1347         (2)(a) The division shall determine for each greyhound
 1348  permitholder the annual purse percentage rate of live handle for
 1349  the state fiscal year 1993-1994 by dividing total purses paid on
 1350  live handle by the permitholder, exclusive of payments made from
 1351  outside sources, during the 1993-1994 state fiscal year by the
 1352  permitholder’s live handle for the 1993-1994 state fiscal year.
 1353  Each permitholder shall pay as purses for live races conducted
 1354  during its current race meet at least the same ratio of purses
 1355  paid on live handle excluding payments from outside sources
 1356  divided by the permitholder’s live handle as it paid during the
 1357  a percentage of its live handle not less than the percentage
 1358  determined under this paragraph, exclusive of payments made by
 1359  outside sources, for its 1993-1994 state fiscal year, as
 1360  determined by the department.
 1361         (b) Except as otherwise set forth herein, in addition to
 1362  the minimum purse percentage required by paragraph (a), each
 1363  permitholder shall pay as purses an annual amount equal to 75
 1364  percent of the daily license fees paid by each permitholder for
 1365  the 1994-1995 fiscal year. This purse supplement shall be
 1366  disbursed weekly during the permitholder’s race meet in an
 1367  amount determined by dividing the annual purse supplement by the
 1368  number of performances approved for the permitholder pursuant to
 1369  its annual license and multiplying that amount by the number of
 1370  performances conducted each week. For the greyhound
 1371  permitholders in the county where there are two greyhound
 1372  permitholders located as specified in s. 550.615(6), such
 1373  permitholders shall pay in the aggregate an amount equal to 75
 1374  percent of the daily license fees paid by such permitholders for
 1375  the 1994-1995 fiscal year. These permitholders shall be jointly
 1376  and severally liable for such purse payments. The additional
 1377  purses provided by this paragraph must be used exclusively for
 1378  purses other than stakes. The department division shall conduct
 1379  audits necessary to ensure compliance with this section.
 1380         (c)1. Each greyhound permitholder when conducting at least
 1381  three live performances during any week shall pay purses in that
 1382  week on wagers it accepts as a guest track on intertrack and
 1383  simulcast greyhound races at the same rate as it pays on live
 1384  races. Each greyhound permitholder when conducting at least
 1385  three live performances during any week shall pay purses in that
 1386  week, at the same rate as it pays on live races, on wagers
 1387  accepted on greyhound races at a guest track that which is not
 1388  conducting live racing and is located within the same market
 1389  area as the greyhound permitholder conducting at least three
 1390  live performances during any week.
 1391         2. Each host greyhound permitholder shall pay purses on its
 1392  simulcast and intertrack broadcasts of greyhound races to guest
 1393  facilities that are located outside its market area in an amount
 1394  equal to one quarter of an amount determined by subtracting the
 1395  transmission costs of sending the simulcast or intertrack
 1396  broadcasts from an amount determined by adding the fees received
 1397  for greyhound simulcast races plus 3 percent of the greyhound
 1398  intertrack handle at guest facilities that are located outside
 1399  the market area of the host and that paid contractual fees to
 1400  the host for such broadcasts of greyhound races.
 1401         (d) The division shall require sufficient documentation
 1402  from each greyhound permitholder regarding purses paid on live
 1403  racing to assure that the annual purse percentage rates paid by
 1404  each permitholder on the live races are not reduced below those
 1405  paid during the 1993-1994 state fiscal year. The division shall
 1406  require sufficient documentation from each greyhound
 1407  permitholder to assure that the purses paid by each permitholder
 1408  on the greyhound intertrack and simulcast broadcasts are in
 1409  compliance with the requirements of paragraph (c).
 1410         (d)(e) In addition to the purse requirements of paragraphs
 1411  (a)-(c), each greyhound permitholder shall pay as purses an
 1412  amount equal to one-third of the amount of the tax reduction on
 1413  live and simulcast handle applicable to such permitholder as a
 1414  result of the reductions in tax rates on handle made by chapter
 1415  2000-354, Laws of Florida, in provided by this act through the
 1416  amendments to s. 550.0951(3). With respect to intertrack
 1417  wagering if when the host and guest tracks are greyhound
 1418  permitholders not within the same market area, an amount equal
 1419  to the tax reduction applicable to the guest track handle as a
 1420  result of the reduction in tax rate on handle made by chapter
 1421  2000-354, Laws of Florida, in provided by this act through the
 1422  amendment to s. 550.0951(3) shall be distributed to the guest
 1423  track, one-third of which amount shall be paid as purses at the
 1424  guest track. However, if the guest track is a greyhound
 1425  permitholder within the market area of the host or if the guest
 1426  track is not a greyhound permitholder, an amount equal to such
 1427  tax reduction applicable to the guest track handle shall be
 1428  retained by the host track, one-third of which amount shall be
 1429  paid as purses at the host track. These purse funds shall be
 1430  disbursed in the week received if the permitholder conducts at
 1431  least one live performance during that week. If the permitholder
 1432  does not conduct at least one live performance during the week
 1433  in which the purse funds are received, the purse funds shall be
 1434  disbursed weekly during the permitholder’s next race meet in an
 1435  amount determined by dividing the purse amount by the number of
 1436  performances approved for the permitholder pursuant to its
 1437  annual license, and multiplying that amount by the number of
 1438  performances conducted each week. The department division shall
 1439  conduct audits necessary to ensure compliance with this
 1440  paragraph.
 1441         (e)(f) Each greyhound permitholder shall, during the
 1442  permitholder’s race meet, supply kennel operators and the
 1443  department Division of Pari-Mutuel Wagering with a weekly report
 1444  showing purses paid on live greyhound races and all greyhound
 1445  intertrack and simulcast broadcasts, including both as a guest
 1446  and a host together with the handle or commission calculations
 1447  on which such purses were paid and the transmission costs of
 1448  sending the simulcast or intertrack broadcasts, so that the
 1449  kennel operators may determine statutory and contractual
 1450  compliance.
 1451         (f)(g) Each greyhound permitholder shall make direct
 1452  payment of purses to the greyhound owners who have filed with
 1453  such permitholder appropriate federal taxpayer identification
 1454  information based on the percentage amount agreed upon between
 1455  the kennel operator and the greyhound owner.
 1456         (g)(h) At the request of a majority of kennel operators
 1457  under contract with a greyhound permitholder, the permitholder
 1458  shall make deductions from purses paid to each kennel operator
 1459  electing such deduction and shall make a direct payment of such
 1460  deductions to the local association of greyhound kennel
 1461  operators formed by a majority of kennel operators under
 1462  contract with the permitholder. The amount of the deduction
 1463  shall be at least 1 percent of purses, as determined by the
 1464  local association of greyhound kennel operators. No deductions
 1465  may be taken pursuant to this paragraph without a kennel
 1466  operator’s specific approval before or after the effective date
 1467  of this act.
 1468         Section 22. Subsection (3) of section 550.09515, Florida
 1469  Statutes, is amended to read:
 1470         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1471  permit for nonpayment of taxes.—
 1472         (3)(a) The permit of a thoroughbred horse permitholder who
 1473  does not pay tax on handle for live thoroughbred horse
 1474  performances for a full schedule of live races during any 2
 1475  consecutive state fiscal years shall be void and shall escheat
 1476  to and become the property of the state unless such failure to
 1477  operate and pay tax on handle was the direct result of fire,
 1478  strike, war, or other disaster or event beyond the ability of
 1479  the permitholder to control. Financial hardship to the
 1480  permitholder does shall not, in and of itself, constitute just
 1481  cause for failure to operate and pay tax on handle.
 1482         (b) In order to maximize the tax revenues to the state, the
 1483  department division shall reissue an escheated thoroughbred
 1484  horse permit to a qualified applicant pursuant to the provisions
 1485  of this chapter as for the issuance of an initial permit.
 1486  However, the provisions of this chapter relating to referendum
 1487  requirements for a pari-mutuel permit do shall not apply to the
 1488  reissuance of an escheated thoroughbred horse permit. As
 1489  specified in the application and upon approval by the department
 1490  division of an application for the permit, the new permitholder
 1491  shall be authorized to operate a thoroughbred horse facility
 1492  anywhere in the same county in which the escheated permit was
 1493  authorized to be operated, notwithstanding the provisions of s.
 1494  550.054(2) relating to mileage limitations.
 1495         Section 23. Section 550.105, Florida Statutes, is amended
 1496  to read:
 1497         550.105 Occupational licenses of racetrack employees; fees;
 1498  denial, suspension, and revocation of license; penalties and
 1499  fines.—
 1500         (1) Each person connected with a racetrack or jai alai
 1501  fronton, as specified in paragraph (2)(a), shall purchase from
 1502  the department division an occupational license. All moneys
 1503  collected pursuant to this section each fiscal year shall be
 1504  deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
 1505  the rules adopted by the department division, an occupational
 1506  license may be valid for a period of up to 3 years for a fee
 1507  that does not exceed the full occupational license fee for each
 1508  of the years for which the license is purchased. The
 1509  occupational license shall be valid during its specified term at
 1510  any pari-mutuel facility.
 1511         (2)(a) The following licenses shall be issued to persons or
 1512  entities with access to the backside, racing animals, jai alai
 1513  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1514  the mutuels, or money room, or to persons who, by virtue of the
 1515  position they hold, might be granted access to these areas or to
 1516  any other person or entity in one of the following categories
 1517  and with fees not to exceed the following amounts for any 12
 1518  month period:
 1519         1. Business licenses: any business such as a vendor,
 1520  contractual concessionaire, contract kennel, business owning
 1521  racing animals, trust or estate, totalisator company, stable
 1522  name, or other fictitious name: $50.
 1523         2. Professional occupational licenses: professional persons
 1524  with access to the backside of a racetrack or players’ quarters
 1525  in jai alai such as trainers, officials, veterinarians, doctors,
 1526  nurses, emergency medical technicians EMT’s, jockeys and
 1527  apprentices, drivers, jai alai players, owners, trustees, or any
 1528  management or officer or director or shareholder or any other
 1529  professional-level person who might have access to the jockeys’
 1530  room, the drivers’ room, the backside, racing animals, kennel
 1531  compound, or managers or supervisors requiring access to mutuels
 1532  machines, the money room, or totalisator equipment: $40.
 1533         3. General occupational licenses: general employees with
 1534  access to the jockeys’ room, the drivers’ room, racing animals,
 1535  the backside of a racetrack or players’ quarters in jai alai,
 1536  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1537  makers, or ball boys, or a practitioner of any other occupation
 1538  who would have access to the animals, the backside, or the
 1539  kennel compound, or who would provide the security or
 1540  maintenance of these areas, or mutuel employees, totalisator
 1541  employees, money-room employees, or any employee with access to
 1542  mutuels machines, the money room, or totalisator equipment or
 1543  who would provide the security or maintenance of these areas:
 1544  $10.
 1545  
 1546         The individuals and entities that are licensed under this
 1547  paragraph require heightened state scrutiny, including the
 1548  submission by the individual licensees or persons associated
 1549  with the entities described in this chapter of fingerprints for
 1550  a Federal Bureau of Investigation criminal records check.
 1551         (b) The department division shall adopt rules pertaining to
 1552  pari-mutuel occupational licenses, licensing periods, and
 1553  renewal cycles.
 1554         (3) Certified public accountants and attorneys licensed to
 1555  practice in this state are shall not be required to hold an
 1556  occupational license under this section while providing
 1557  accounting or legal services to a permitholder if the certified
 1558  public accountant’s or attorney’s primary place of employment is
 1559  not on the permitholder premises.
 1560         (4) It is unlawful to take part in or officiate in any way
 1561  at any pari-mutuel facility without first having secured a
 1562  license and paid the occupational license fee.
 1563         (5)(a) The department division may:
 1564         1. Deny a license to or revoke, suspend, or place
 1565  conditions upon or restrictions on a license of any person who
 1566  has been refused a license by any other state racing commission
 1567  or racing authority;
 1568         2. Deny, suspend, or place conditions on a license of any
 1569  person who is under suspension or has unpaid fines in another
 1570  jurisdiction;
 1571  
 1572         if the state racing commission or racing authority of such
 1573  other state or jurisdiction extends to the department division
 1574  reciprocal courtesy to maintain the disciplinary control.
 1575         (b) The department division may deny, suspend, revoke, or
 1576  declare ineligible any occupational license if the applicant for
 1577  or holder thereof has violated the provisions of this chapter or
 1578  the rules of the department division governing the conduct of
 1579  persons connected with racetracks and frontons. In addition, the
 1580  department division may deny, suspend, revoke, or declare
 1581  ineligible any occupational license if the applicant for such
 1582  license has been convicted in this state, in any other state, or
 1583  under the laws of the United States of a capital felony, a
 1584  felony, or an offense in any other state which would be a felony
 1585  under the laws of this state involving arson; trafficking in,
 1586  conspiracy to traffic in, smuggling, importing, conspiracy to
 1587  smuggle or import, or delivery, sale, or distribution of a
 1588  controlled substance; or a crime involving a lack of good moral
 1589  character, or has had a pari-mutuel license revoked by this
 1590  state or any other jurisdiction for an offense related to pari
 1591  mutuel wagering.
 1592         (c) The department division may deny, declare ineligible,
 1593  or revoke any occupational license if the applicant for such
 1594  license has been convicted of a felony or misdemeanor in this
 1595  state, in any other state, or under the laws of the United
 1596  States, if such felony or misdemeanor is related to gambling or
 1597  bookmaking, as contemplated in s. 849.25, or involves cruelty to
 1598  animals. If the applicant establishes that she or he is of good
 1599  moral character, that she or he has been rehabilitated, and that
 1600  the crime she or he was convicted of is not related to pari
 1601  mutuel wagering and is not a capital offense, the restrictions
 1602  excluding offenders may be waived by the director of the
 1603  department division.
 1604         (d) For purposes of this subsection, the term “convicted”
 1605  means having been found guilty, with or without adjudication of
 1606  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1607  a plea of guilty or nolo contendere. However, the term
 1608  “conviction” may shall not be applied to a crime committed prior
 1609  to the effective date of this subsection in a manner that would
 1610  invalidate any occupational license issued prior to the
 1611  effective date of this subsection or subsequent renewal for any
 1612  person holding such a license.
 1613         (e) If an occupational license will expire by department
 1614  division rule during the period of a suspension the department
 1615  division intends to impose, or if a license would have expired
 1616  but for pending administrative charges and the occupational
 1617  licensee is found to be in violation of any of the charges, the
 1618  license may be revoked and a time period of license
 1619  ineligibility may be declared. The department division may bring
 1620  administrative charges against any person not holding a current
 1621  license for violations of statutes or rules which occurred while
 1622  such person held an occupational license, and the department
 1623  division may declare such person ineligible to hold a license
 1624  for a period of time. The department division may impose a civil
 1625  fine of up to $1,000 for each violation of the rules of the
 1626  department division in addition to or in lieu of any other
 1627  penalty provided for in this section. In addition to any other
 1628  penalty provided by law, the department division may exclude
 1629  from all pari-mutuel facilities in this state, for a period not
 1630  to exceed the period of suspension, revocation, or
 1631  ineligibility, any person whose occupational license application
 1632  has been denied by the department division, who has been
 1633  declared ineligible to hold an occupational license, or whose
 1634  occupational license has been suspended or revoked by the
 1635  department division.
 1636         (f) The department division may cancel any occupational
 1637  license that has been voluntarily relinquished by the licensee.
 1638         (6) In order to promote the orderly presentation of pari
 1639  mutuel meets authorized in this chapter, the department division
 1640  may issue a temporary occupational license. The department
 1641  division shall adopt rules to implement this subsection.
 1642  However, no temporary occupational license shall be valid for
 1643  more than 90 days, and no more than one temporary license may be
 1644  issued for any person in any year.
 1645         (7) The department division may deny, revoke, or suspend
 1646  any occupational license if the applicant therefor or holder
 1647  thereof accumulates unpaid obligations or defaults in
 1648  obligations, or issues drafts or checks that are dishonored or
 1649  for which payment is refused without reasonable cause, if such
 1650  unpaid obligations, defaults, or dishonored or refused drafts or
 1651  checks directly relate to the sport of jai alai or racing being
 1652  conducted at a pari-mutuel facility within this state.
 1653         (8) The department division may fine, or suspend or revoke,
 1654  or place conditions upon, the license of any licensee who under
 1655  oath knowingly provides false information regarding an
 1656  investigation by the department division.
 1657         (9) The tax imposed by this section is in lieu of all
 1658  license, excise, or occupational taxes to the state or any
 1659  county, municipality, or other political subdivision, except
 1660  that, if a race meeting or game is held or conducted in a
 1661  municipality, the municipality may assess and collect an
 1662  additional tax against any person conducting live racing or
 1663  games within its corporate limits, which tax may not exceed $150
 1664  per day for horseracing or $50 per day for dogracing or jai
 1665  alai. Except as provided in this chapter, a municipality may not
 1666  assess or collect any additional excise or revenue tax against
 1667  any person conducting race meetings within the corporate limits
 1668  of the municipality or against any patron of any such person.
 1669         (10)(a) Upon application for an occupational license, the
 1670  department division may require the applicant’s full legal name;
 1671  any nickname, alias, or maiden name for the applicant; name of
 1672  the applicant’s spouse; the applicant’s date of birth, residence
 1673  address, mailing address, residence address and business phone
 1674  number, and social security number; disclosure of any felony or
 1675  any conviction involving bookmaking, illegal gambling, or
 1676  cruelty to animals; disclosure of any past or present
 1677  enforcement or actions by any racing or gaming agency against
 1678  the applicant; and any information the department division
 1679  determines is necessary to establish the identity of the
 1680  applicant or to establish that the applicant is of good moral
 1681  character. Fingerprints shall be taken in a manner approved by
 1682  the department division and then shall be submitted to the
 1683  Federal Bureau of Investigation, or to the association of state
 1684  officials regulating pari-mutuel wagering pursuant to the
 1685  Federal Pari-mutuel Licensing Simplification Act of 1988. The
 1686  cost of processing fingerprints shall be borne by the applicant
 1687  and paid to the association of state officials regulating pari
 1688  mutuel wagering from the trust fund to which the processing fees
 1689  are deposited. The department division, by rule, may require
 1690  additional information from licensees which is reasonably
 1691  necessary to regulate the industry. The department division may,
 1692  by rule, exempt certain occupations or groups of persons from
 1693  the fingerprinting requirements.
 1694         (b) All fingerprints required by this section which that
 1695  are submitted to the Department of Law Enforcement shall be
 1696  retained by the Department of Law Enforcement and entered into
 1697  the statewide automated fingerprint identification system as
 1698  authorized by s. 943.05(2)(b) and shall be available for all
 1699  purposes and uses authorized for arrest fingerprint cards
 1700  entered into the statewide automated fingerprint identification
 1701  system pursuant to s. 943.051.
 1702         (c) The Department of Law Enforcement shall search all
 1703  arrest fingerprints received pursuant to s. 943.051 against the
 1704  fingerprints retained in the statewide automated fingerprint
 1705  identification system under paragraph (b). Any arrest record
 1706  that is identified with the retained fingerprints of a person
 1707  subject to the criminal history screening requirements of this
 1708  section shall be reported to the department division. Each
 1709  licensee shall pay a fee to the department division for the cost
 1710  of retention of the fingerprints and the ongoing searches under
 1711  this paragraph. The department division shall forward the
 1712  payment to the Department of Law Enforcement. The amount of the
 1713  fee to be imposed for performing these searches and the
 1714  procedures for the retention of licensee fingerprints shall be
 1715  as established by rule of the Department of Law Enforcement. The
 1716  department division shall inform the Department of Law
 1717  Enforcement of any change in the license status of licensees
 1718  whose fingerprints are retained under paragraph (b).
 1719         (d) The department division shall request the Department of
 1720  Law Enforcement to forward the fingerprints to the Federal
 1721  Bureau of Investigation for a national criminal history records
 1722  check at least once every 5 years following issuance of a
 1723  license. If the fingerprints of a person who is licensed have
 1724  not been retained by the Department of Law Enforcement, the
 1725  person must file a complete set of fingerprints as provided in
 1726  paragraph (a). The department division shall collect the fees
 1727  for the cost of the national criminal history records check
 1728  under this paragraph and forward the payment to the Department
 1729  of Law Enforcement. The cost of processing fingerprints and
 1730  conducting a criminal history records check under this paragraph
 1731  for a general occupational license shall be borne by the
 1732  applicant. The cost of processing fingerprints and conducting a
 1733  criminal history records check under this paragraph for a
 1734  business or professional occupational license shall be borne by
 1735  the person being checked. The Department of Law Enforcement may
 1736  send an invoice to the department division for the fingerprints
 1737  submitted each month. Under penalty of perjury, each person who
 1738  is licensed or who is fingerprinted as required by this section
 1739  must agree to inform the department division within 48 hours if
 1740  he or she is convicted of or has entered a plea of guilty or
 1741  nolo contendere to any disqualifying offense, regardless of
 1742  adjudication.
 1743         Section 24. Subsection (1) of section 550.1155, Florida
 1744  Statutes, is amended to read:
 1745         550.1155 Authority of stewards, judges, panel of judges, or
 1746  player’s manager to impose penalties against occupational
 1747  licensees; disposition of funds collected.—
 1748         (1) The stewards at a horse racetrack; the judges at a dog
 1749  track; or the judges, a panel of judges, or a player’s manager
 1750  at a jai alai fronton may impose a civil penalty against any
 1751  occupational licensee for violation of the pari-mutuel laws or
 1752  any rule adopted by the department division. The penalty may not
 1753  exceed $1,000 for each count or separate offense or exceed 60
 1754  days of suspension for each count or separate offense.
 1755         Section 25. Subsections (2) and (3) of section 550.125,
 1756  Florida Statutes, are amended to read:
 1757         550.125 Uniform reporting system; bond requirement.—
 1758         (2)(a) Each permitholder that conducts race meetings or jai
 1759  alai exhibitions under this chapter shall keep records that
 1760  clearly show the total number of admissions and the total amount
 1761  of money contributed to each pari-mutuel pool on each race or
 1762  exhibition separately and the amount of money received daily
 1763  from admission fees and, within 120 days after the end of its
 1764  fiscal year, shall submit to the division a complete annual
 1765  report of its accounts, audited by a certified public accountant
 1766  licensed to practice in the state.
 1767         (b) The department division shall adopt rules specifying
 1768  the form and content of such reports, including, but not limited
 1769  to, requirements for a statement of assets and liabilities,
 1770  operating revenues and expenses, and net worth, which statement
 1771  must be audited by a certified public accountant licensed to
 1772  practice in this state, and any supporting informational
 1773  schedule found necessary by the department division to verify
 1774  the foregoing financial statement, which informational schedule
 1775  must be attested to under oath by the permitholder or an officer
 1776  of record, to permit the division to:
 1777         1. Assess the profitability and financial soundness of
 1778  permitholders, both individually and as an industry;
 1779         2. Plan and recommend measures necessary to preserve and
 1780  protect the pari-mutuel revenues of the state; and
 1781         3. Completely identify the holdings, transactions, and
 1782  investments of permitholders with other business entities.
 1783         (c) The Auditor General and the Office of Program Policy
 1784  Analysis and Government Accountability may, pursuant to their
 1785  own authority or at the direction of the Legislative Auditing
 1786  Committee, audit, examine, and check the books and records of
 1787  any permitholder. These audit reports shall become part of, and
 1788  be maintained in, the division files.
 1789         (d) The department division shall annually review the books
 1790  and records of each permitholder and verify that the breaks and
 1791  unclaimed ticket payments made by each permitholder are true and
 1792  correct.
 1793         (3)(a) Each permitholder to which a license is granted
 1794  under this chapter, at its own cost and expense, must, before
 1795  the license is delivered, give a bond in the penal sum of
 1796  $50,000 payable to the Governor of the state and her or his
 1797  successors in office, with a surety or sureties to be approved
 1798  by the department division and the Chief Financial Officer,
 1799  conditioned to faithfully make the payments to the Chief
 1800  Financial Officer in her or his capacity as treasurer of the
 1801  department division; to keep its books and records and make
 1802  reports as provided; and to conduct its racing in conformity
 1803  with this chapter. When the greatest amount of tax owed during
 1804  any month in the prior state fiscal year, in which a full
 1805  schedule of live racing was conducted, is less than $50,000, the
 1806  department division may assess a bond in a sum less than
 1807  $50,000. The department division may review the bond for
 1808  adequacy and require adjustments each fiscal year. The division
 1809  may has the authority to adopt rules to implement this paragraph
 1810  and establish guidelines for such bonds.
 1811         (b) The provisions of this chapter concerning bonding do
 1812  not apply to nonwagering licenses issued pursuant to s. 550.505.
 1813         Section 26. Subsections (1) and (3) of section 550.135,
 1814  Florida Statutes, are amended to read:
 1815         550.135 Division of moneys derived under this law.—All
 1816  moneys that are deposited with the Chief Financial Officer to
 1817  the credit of the Pari-mutuel Wagering Trust Fund shall be
 1818  distributed as follows:
 1819         (1) The daily license fee revenues collected pursuant to s.
 1820  550.0951(1) shall be used to fund the operating cost of the
 1821  department division and to provide a proportionate share of the
 1822  operation of the office of the secretary and the Division of
 1823  Administration of the Department of Business and Professional
 1824  Regulation; however, other collections in the Pari-mutuel
 1825  Wagering Trust Fund may also be used to fund the operation of
 1826  the division in accordance with authorized appropriations.
 1827         (3) The slot machine license fee, the slot machine
 1828  occupational license fee, and the compulsive or addictive
 1829  gambling prevention program fee collected pursuant to ss.
 1830  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 1831  direct and indirect operating expenses of the department’s
 1832  division’s slot machine regulation operations and to provide
 1833  funding for relevant enforcement activities in accordance with
 1834  authorized appropriations. Funds deposited into the Pari-mutuel
 1835  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
 1836  and 551.118 shall be reserved in the trust fund for slot machine
 1837  regulation operations. On June 30, any unappropriated funds in
 1838  excess of those necessary for incurred obligations and
 1839  subsequent year cash flow for slot machine regulation operations
 1840  shall be deposited with the Chief Financial Officer to the
 1841  credit of the General Revenue Fund.
 1842         Section 27. Subsection (1) of section 550.155, Florida
 1843  Statutes, is amended to read:
 1844         550.155 Pari-mutuel pool within track enclosure; takeouts;
 1845  breaks; penalty for purchasing part of a pari-mutuel pool for or
 1846  through another in specified circumstances.—
 1847         (1) Wagering on the results of a horserace, dograce, or on
 1848  the scores or points of a jai alai game and the sale of tickets
 1849  or other evidences showing an interest in or a contribution to a
 1850  pari-mutuel pool are allowed within the enclosure of any pari
 1851  mutuel facility licensed and conducted under this chapter but
 1852  are not allowed elsewhere in this state, must be supervised by
 1853  the department division, and are subject to such reasonable
 1854  rules that the department division prescribes.
 1855         Section 28. Subsection (2) and paragraph (a) of subsection
 1856  (3) of section 550.1648, Florida Statutes, are amended to read:
 1857         550.1648 Greyhound adoptions.—
 1858         (2) In addition to the charity days authorized under s.
 1859  550.0351, a greyhound permitholder may fund the greyhound
 1860  adoption program by holding a charity racing day designated as
 1861  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 1862  operation of the charity day must be placed into a fund used to
 1863  support activities at the racing facility which promote the
 1864  adoption of greyhounds. The department division may adopt rules
 1865  for administering the fund. Proceeds from the charity day
 1866  authorized in this subsection may not be used as a source of
 1867  funds for the purposes set forth in s. 550.1647.
 1868         (3)(a) Upon a violation of this section by a permitholder
 1869  or licensee, the department division may impose a penalty as
 1870  provided in s. 550.0251(10) and require the permitholder to take
 1871  corrective action.
 1872         Section 29. Section 550.175, Florida Statutes, is amended
 1873  to read:
 1874         550.175 Petition for election to revoke permit.—Upon
 1875  petition of 20 percent of the qualified electors of any county
 1876  wherein any racing has been licensed and conducted under this
 1877  chapter, the county commissioners of such county shall provide
 1878  for the submission to the electors of such county at the then
 1879  next succeeding general election the question of whether any
 1880  permit or permits theretofore granted shall be continued or
 1881  revoked, and if a majority of the electors voting on such
 1882  question in such election vote to cancel or recall the permit
 1883  theretofore given, the department division may not thereafter
 1884  grant any license on the permit so recalled. Every signature
 1885  upon every recall petition must be signed in the presence of the
 1886  clerk of the board of county commissioners at the office of the
 1887  clerk of the circuit court of the county, and the petitioner
 1888  must present at the time of such signing her or his registration
 1889  receipt showing the petitioner’s qualification as an elector of
 1890  the county at the time of the signing of the petition. Not more
 1891  than one permit may be included in any one petition; and, in all
 1892  elections in which the recall of more than one permit is voted
 1893  on, the voters shall be given an opportunity to vote for or
 1894  against the recall of each permit separately. Nothing in This
 1895  chapter does not shall be construed to prevent the holding of
 1896  later referendum or recall elections.
 1897         Section 30. Section 550.1815, Florida Statutes, is amended
 1898  to read:
 1899         550.1815 Certain persons prohibited from holding racing or
 1900  jai alai permits; suspension and revocation.—
 1901         (1) A corporation, general or limited partnership, sole
 1902  proprietorship, business trust, joint venture, or unincorporated
 1903  association, or other business entity may not hold any
 1904  horseracing or dogracing permit or jai alai fronton permit in
 1905  this state if any one of the persons or entities specified in
 1906  paragraph (a) has been determined by the department division not
 1907  to be of good moral character or has been convicted of any
 1908  offense specified in paragraph (b).
 1909         (a)1. The permitholder;
 1910         2. An employee of the permitholder;
 1911         3. The sole proprietor of the permitholder;
 1912         4. A corporate officer or director of the permitholder;
 1913         5. A general partner of the permitholder;
 1914         6. A trustee of the permitholder;
 1915         7. A member of an unincorporated association permitholder;
 1916         8. A joint venturer of the permitholder;
 1917         9. The owner of more than 5 percent of any equity interest
 1918  in the permitholder, whether as a common shareholder, general or
 1919  limited partner, voting trustee, or trust beneficiary; or
 1920         10. An owner of any interest in the permit or permitholder,
 1921  including any immediate family member of the owner, or holder of
 1922  any debt, mortgage, contract, or concession from the
 1923  permitholder, who by virtue thereof is able to control the
 1924  business of the permitholder.
 1925         (b)1. A felony in this state;
 1926         2. Any felony in any other state which would be a felony if
 1927  committed in this state under the laws of this state;
 1928         3. Any felony under the laws of the United States;
 1929         4. A felony under the laws of another state if related to
 1930  gambling which would be a felony under the laws of this state if
 1931  committed in this state; or
 1932         5. Bookmaking as defined in s. 849.25.
 1933         (2)(a) If the applicant for permit as specified under
 1934  subsection (1) or a permitholder as specified in paragraph
 1935  (1)(a) has received a full pardon or a restoration of civil
 1936  rights with respect to the conviction specified in paragraph
 1937  (1)(b), the conviction does not constitute an absolute bar to
 1938  the issuance or renewal of a permit or a ground for the
 1939  revocation or suspension of a permit.
 1940         (b) A corporation that has been convicted of a felony is
 1941  entitled to apply for and receive a restoration of its civil
 1942  rights in the same manner and on the same grounds as an
 1943  individual.
 1944         (3) After notice and hearing, the department division shall
 1945  refuse to issue or renew or shall suspend, as appropriate, any
 1946  permit found in violation of subsection (1). The order shall
 1947  become effective 120 days after service of the order upon the
 1948  permitholder and shall be amended to constitute a final order of
 1949  revocation unless the permitholder has, within that period of
 1950  time, either caused the divestiture, or agreed with the
 1951  convicted person upon a complete immediate divestiture, of her
 1952  or his holding, or has petitioned the circuit court as provided
 1953  in subsection (4) or, in the case of corporate officers or
 1954  directors of the holder or employees of the holder, has
 1955  terminated the relationship between the permitholder and those
 1956  persons mentioned. The department division may, by order, extend
 1957  the 120-day period for divestiture, upon good cause shown, to
 1958  avoid interruption of any jai alai or race meeting or to
 1959  otherwise effectuate this section. If no action has been taken
 1960  by the permitholder within the 120-day period following the
 1961  issuance of the order of suspension, the department division
 1962  shall, without further notice or hearing, enter a final order of
 1963  revocation of the permit. When any permitholder or sole
 1964  proprietor of a permitholder is convicted of an offense
 1965  specified in paragraph (1)(b), the department may approve a
 1966  transfer of the permit to a qualified applicant, upon a finding
 1967  that revocation of the permit would impair the state’s revenue
 1968  from the operation of the permit or otherwise be detrimental to
 1969  the interests of the state in the regulation of the industry of
 1970  pari-mutuel wagering. In such approval, no public referendum is
 1971  required, notwithstanding any other provision of law. A petition
 1972  for transfer after conviction must be filed with the department
 1973  within 30 days after service upon the permitholder of the final
 1974  order of revocation. The timely filing of such a petition
 1975  automatically stays any revocation order until further order of
 1976  the department.
 1977         (4) The circuit courts have jurisdiction to decide a
 1978  petition brought by a holder of a pari-mutuel permit that shows
 1979  that its permit is in jeopardy of suspension or revocation under
 1980  subsection (3) and that it is unable to agree upon the terms of
 1981  divestiture of interest with the person specified in
 1982  subparagraphs (1)(a)3.-9. who has been convicted of an offense
 1983  specified in paragraph (1)(b). The court shall determine the
 1984  reasonable value of the interest of the convicted person and
 1985  order a divestiture upon such terms and conditions as it finds
 1986  just. In determining the value of the interest of the convicted
 1987  person, the court may consider, among other matters, the value
 1988  of the assets of the permitholder, its good will and value as a
 1989  going concern, recent and expected future earnings, and other
 1990  criteria usual and customary in the sale of like enterprises.
 1991         (5) The department division shall adopt make such rules for
 1992  the photographing, fingerprinting, and obtaining of personal
 1993  data of individuals described in paragraph (1)(a) and the
 1994  obtaining of such data regarding the business entities described
 1995  in paragraph (1)(a) as is necessary to effectuate the provisions
 1996  of this section.
 1997         Section 31. Subsection (2), paragraph (c) of subsection
 1998  (3), and subsections (4) and (6) of section 550.24055, Florida
 1999  Statutes, are amended to read:
 2000         550.24055 Use of controlled substances or alcohol
 2001  prohibited; testing of certain occupational licensees; penalty;
 2002  evidence of test or action taken and admissibility for criminal
 2003  prosecution limited.—
 2004         (2) The occupational licensees, by applying for and holding
 2005  such licenses, are deemed to have given their consents to submit
 2006  to an approved chemical test of their breath for the purpose of
 2007  determining the alcoholic content of their blood and to a urine
 2008  or blood test for the purpose of detecting the presence of
 2009  controlled substances. Such tests shall only be conducted only
 2010  upon reasonable cause that a violation has occurred as shall be
 2011  determined solely by the stewards at a horseracing meeting or
 2012  the judges or board of judges at a dogtrack or jai alai meet.
 2013  The failure to submit to such test may result in a suspension of
 2014  the person’s occupational license for a period of 10 days or
 2015  until this section has been complied with, whichever is longer.
 2016         (a) If there was at the time of the test 0.05 percent or
 2017  less by weight of alcohol in the person’s blood, the person is
 2018  presumed not to have been under the influence of alcoholic
 2019  beverages to the extent that the person’s normal faculties were
 2020  impaired, and no action of any sort may be taken by the
 2021  stewards, judges, or board of judges or the department division.
 2022         (b) If there was at the time of the test an excess of 0.05
 2023  percent but less than 0.08 percent by weight of alcohol in the
 2024  person’s blood, that fact does not give rise to any presumption
 2025  that the person was or was not under the influence of alcoholic
 2026  beverages to the extent that the person’s faculties were
 2027  impaired, but the stewards, judges, or board of judges may
 2028  consider that fact in determining whether or not the person will
 2029  be allowed to officiate or participate in any given race or jai
 2030  alai game.
 2031         (c) If there was at the time of the test 0.08 percent or
 2032  more by weight of alcohol in the person’s blood, that fact is
 2033  prima facie evidence that the person was under the influence of
 2034  alcoholic beverages to the extent that the person’s normal
 2035  faculties were impaired, and the stewards or judges may take
 2036  action as set forth in this section, but the person may not
 2037  officiate at or participate in any race or jai alai game on the
 2038  day of such test.
 2039  
 2040         All tests relating to alcohol must be performed in a manner
 2041  substantially similar, or identical, to the provisions of s.
 2042  316.1934 and rules adopted pursuant to that section. Following a
 2043  test of the urine or blood to determine the presence of a
 2044  controlled substance as defined in chapter 893, if a controlled
 2045  substance is found to exist, the stewards, judges, or board of
 2046  judges may take such action as is permitted in this section.
 2047         (3) A violation of subsection (2) is subject to the
 2048  following penalties:
 2049         (c) If the second violation occurred within 1 year after
 2050  the first violation, then upon the finding of a third violation
 2051  of this section within 1 year after the second violation, the
 2052  stewards, judges, or board of judges may suspend the licensee
 2053  for up to 120 days; and the stewards, judges, or board of judges
 2054  shall forward the results of the tests under paragraphs (a) and
 2055  (b) and this violation to the department division. In addition
 2056  to the action taken by the stewards, judges, or board of judges,
 2057  the department division, after a hearing, may deny, suspend, or
 2058  revoke the occupational license of the licensee and may impose a
 2059  civil penalty of up to $5,000 in addition to, or in lieu of, a
 2060  suspension or revocation, it being the intent of the Legislature
 2061  that the department division shall have no authority over the
 2062  enforcement of this section until a licensee has committed the
 2063  third violation within 2 years after the first violation.
 2064         (4) Section 120.80(18) applies The provisions of s.
 2065  120.80(4)(a) apply to all actions taken by the stewards, judges,
 2066  or board of judges pursuant to this section without regard to
 2067  the limitation contained therein.
 2068         (6) Evidence of any test or actions taken by the stewards,
 2069  judges, or board of judges or the department division under this
 2070  section is inadmissible for any purpose in any court for
 2071  criminal prosecution, it being the intent of the Legislature to
 2072  provide a method and means by which the health, safety, and
 2073  welfare of those officiating at or participating in a race meet
 2074  or a jai alai game are sufficiently protected. However, this
 2075  subsection does not prohibit any person so authorized from
 2076  pursuing an independent investigation as a result of a ruling
 2077  made by the stewards, judges, or board of judges, or the
 2078  department division.
 2079         Section 32. Section 550.2415, Florida Statutes, is amended
 2080  to read:
 2081         550.2415 Racing of animals under certain conditions
 2082  prohibited; penalties; exceptions.—
 2083         (1)(a) The racing of an animal with any drug, medication,
 2084  stimulant, depressant, hypnotic, narcotic, local anesthetic, or
 2085  drug-masking agent is prohibited. It is a violation of this
 2086  section for a person to administer or cause to be administered
 2087  any drug, medication, stimulant, depressant, hypnotic, narcotic,
 2088  local anesthetic, or drug-masking agent to an animal which will
 2089  result in a positive test for such substance based on samples
 2090  taken from the animal immediately prior to or immediately after
 2091  the racing of that animal. Test results and the identities of
 2092  the animals being tested and of their trainers and owners of
 2093  record are confidential and exempt from s. 119.07(1) and from s.
 2094  24(a), Art. I of the State Constitution for 10 days after
 2095  testing of all samples collected on a particular day has been
 2096  completed and any positive test results derived from such
 2097  samples have been reported to the director of the department
 2098  division or administrative action has been commenced.
 2099         (b) It is a violation of this section for a race-day
 2100  specimen to contain a level of a naturally occurring substance
 2101  that which exceeds normal physiological concentrations. The
 2102  department division may adopt rules that specify normal
 2103  physiological concentrations of naturally occurring substances
 2104  in the natural untreated animal and rules that specify
 2105  acceptable levels of environmental contaminants and trace levels
 2106  of substances in test samples.
 2107         (c) The finding of a prohibited substance in a race-day
 2108  specimen constitutes prima facie evidence that the substance was
 2109  administered and was carried in the body of the animal while
 2110  participating in the race.
 2111         (2) Administrative action may be taken by the department
 2112  division against an occupational licensee responsible pursuant
 2113  to rule of the department division for the condition of an
 2114  animal that has been impermissibly medicated or drugged in
 2115  violation of this section.
 2116         (3)(a) Upon the finding of a violation of this section, the
 2117  department division may revoke or suspend the license or permit
 2118  of the violator or deny a license or permit to the violator;
 2119  impose a fine against the violator in an amount not exceeding
 2120  $5,000; require the full or partial return of the purse,
 2121  sweepstakes, and trophy of the race at issue; or impose against
 2122  the violator any combination of such penalties. The finding of a
 2123  violation of this section in no way prohibits a prosecution for
 2124  criminal acts committed.
 2125         (b) The department division, notwithstanding the provisions
 2126  of chapter 120, may summarily suspend the license of an
 2127  occupational licensee responsible under this section or
 2128  department division rule for the condition of a race animal if
 2129  the department’s division laboratory reports the presence of an
 2130  impermissible substance in the animal or its blood, urine,
 2131  saliva, or any other bodily fluid, either before a race in which
 2132  the animal is entered or after a race the animal has run.
 2133         (c) If an occupational licensee is summarily suspended
 2134  under this section, the department division shall offer the
 2135  licensee a prompt postsuspension hearing within 72 hours, at
 2136  which the department division shall produce the laboratory
 2137  report and documentation that which, on its face, establishes
 2138  the responsibility of the occupational licensee. Upon production
 2139  of the documentation, the occupational licensee has the burden
 2140  of proving his or her lack of responsibility.
 2141         (d) Any proceeding for administrative action against a
 2142  licensee or permittee, other than a proceeding under paragraph
 2143  (c), shall be conducted in compliance with chapter 120.
 2144         (4) A prosecution pursuant to this section for a violation
 2145  of this section must be commenced within 2 years after the
 2146  violation was committed. Service of an administrative complaint
 2147  marks the commencement of administrative action.
 2148         (5) The department division shall implement a split-sample
 2149  procedure for testing animals under this section.
 2150         (a) Upon finding a positive drug test result, the
 2151  department shall notify the owner or trainer of the results. The
 2152  owner may request that each urine and blood sample be split into
 2153  a primary sample and a secondary (split) sample. Such splitting
 2154  must be accomplished in the laboratory under rules approved by
 2155  the department division. Custody of both samples must remain
 2156  with the department division. However, upon request by the
 2157  affected trainer or owner of the animal from which the sample
 2158  was obtained, the department division shall send the split
 2159  sample to an approved independent laboratory for analysis. The
 2160  department division shall establish standards and rules for
 2161  uniform enforcement and shall maintain a list of at least five
 2162  approved independent laboratories for an owner or trainer to
 2163  select from in the event of a positive test sample.
 2164         (b) If the state laboratory’s findings are not confirmed by
 2165  the independent laboratory, no further administrative or
 2166  disciplinary action under this section may be pursued. The
 2167  department division may adopt rules identifying substances that
 2168  diminish in a blood or urine sample due to passage of time and
 2169  that must be taken into account in applying this section.
 2170         (c) If the independent laboratory confirms the state
 2171  laboratory’s positive result, or if there is an insufficient
 2172  quantity of the secondary (split) sample for confirmation of the
 2173  state laboratory’s positive result, the department division may
 2174  commence administrative proceedings as prescribed in this
 2175  chapter and consistent with chapter 120. For purposes of this
 2176  subsection, the department shall in good faith attempt to obtain
 2177  a sufficient quantity of the test fluid to allow both a primary
 2178  test and a secondary test to be made.
 2179         (6)(a) It is the intent of the Legislature that animals
 2180  that participate in races in this state on which pari-mutuel
 2181  wagering is conducted and animals that are bred and trained in
 2182  this state for racing be treated humanely, both on and off
 2183  racetracks, throughout the lives of the animals.
 2184         (b) The department division shall, by rule, adopt establish
 2185  the procedures for euthanizing greyhounds. However, a greyhound
 2186  may not be put to death by any means other than by lethal
 2187  injection of the drug sodium pentobarbital. A greyhound may not
 2188  be removed from this state for the purpose of being destroyed.
 2189         (c) It is a violation of this chapter for an occupational
 2190  licensee to train a greyhound using live or dead animals. A
 2191  greyhound may not be taken from this state for the purpose of
 2192  being trained through the use of live or dead animals.
 2193         (d) Any act committed by any licensee that would constitute
 2194  cruelty to animals as defined in s. 828.02 involving any animal
 2195  constitutes a violation of this chapter. Imposition of any
 2196  penalty by the department division for violation of this chapter
 2197  or any rule adopted by the department division pursuant to this
 2198  chapter does shall not prohibit a criminal prosecution for
 2199  cruelty to animals.
 2200         (e) The department division may inspect any area at a pari
 2201  mutuel facility where racing animals are raced, trained, housed,
 2202  or maintained, including any areas where food, medications, or
 2203  other supplies are kept, to ensure the humane treatment of
 2204  racing animals and compliance with this chapter and the rules of
 2205  the department division.
 2206         (7) Under no circumstances may any medication be
 2207  administered closer than 24 hours prior to the officially
 2208  scheduled post time of a race except as provided for in this
 2209  section.
 2210         (a) The department division shall adopt rules setting
 2211  conditions for the use of furosemide to treat exercise-induced
 2212  pulmonary hemorrhage.
 2213         (b) The department division shall adopt rules setting
 2214  conditions for the use of prednisolone sodium succinate, but
 2215  under no circumstances may furosemide or prednisolone sodium
 2216  succinate be administered closer than 4 hours prior to the
 2217  officially scheduled post time for the race.
 2218         (c) The department division shall adopt rules setting
 2219  conditions for the use of phenylbutazone and synthetic
 2220  corticosteroids; in no case, except as provided in paragraph
 2221  (b), shall these substances be given closer than 24 hours prior
 2222  to the officially scheduled post time of a race. Oral
 2223  corticosteroids are prohibited except when prescribed by a
 2224  licensed veterinarian and reported to the department division on
 2225  forms prescribed by the department division.
 2226         (d) Nothing in This section does not shall be interpreted
 2227  to prohibit the use of vitamins, minerals, or naturally
 2228  occurring substances so long as they do not exceed none exceeds
 2229  the normal physiological concentration in a race-day specimen.
 2230         (e) The department division may, by rule, establish
 2231  acceptable levels of permitted medications and shall select the
 2232  appropriate biological specimens by which the administration of
 2233  permitted medication is monitored.
 2234         (8)(a) Under no circumstances may any medication be
 2235  administered within 24 hours before the officially scheduled
 2236  post time of the race except as provided in this section.
 2237         (b) As an exception to this section, if the department
 2238  division first determines that the use of furosemide,
 2239  phenylbutazone, or prednisolone sodium succinate in horses is in
 2240  the best interest of racing, the department division may adopt
 2241  rules allowing such use. Any rules allowing the use of
 2242  furosemide, phenylbutazone, or prednisolone sodium succinate in
 2243  racing must set the conditions for such use. Under no
 2244  circumstances may a rule be adopted which allows the
 2245  administration of furosemide or prednisolone sodium succinate
 2246  within 4 hours before the officially scheduled post time for the
 2247  race. Under no circumstances may a rule be adopted which allows
 2248  the administration of phenylbutazone or any other synthetic
 2249  corticosteroid within 24 hours before the officially scheduled
 2250  post time for the race. Any administration of synthetic
 2251  corticosteroids is limited to parenteral routes. Oral
 2252  administration of synthetic corticosteroids is expressly
 2253  prohibited. If this paragraph is unconstitutional, it is
 2254  severable from the remainder of this section.
 2255         (c) The department division shall, by rule, establish
 2256  acceptable levels of permitted medications and shall select the
 2257  appropriate biological specimen by which the administration of
 2258  permitted medications is monitored.
 2259         (9)(a) The department division may conduct a postmortem
 2260  examination of any animal that is injured at a permitted
 2261  racetrack while in training or in competition and that
 2262  subsequently expires or is destroyed. The department division
 2263  may conduct a postmortem examination of any animal that expires
 2264  while housed at a permitted racetrack, association compound, or
 2265  licensed kennel or farm. Trainers and owners shall be requested
 2266  to comply with this paragraph as a condition of licensure.
 2267         (b) The department division may take possession of the
 2268  animal upon death for postmortem examination. The department
 2269  division may submit blood, urine, other bodily fluid specimens,
 2270  or other tissue specimens collected during a postmortem
 2271  examination for testing by the department division laboratory or
 2272  its designee. Upon completion of the postmortem examination, the
 2273  carcass must be returned to the owner or disposed of at the
 2274  owner’s option.
 2275         (10) The presence of a prohibited substance in an animal,
 2276  found by the department’s division laboratory in a bodily fluid
 2277  specimen collected during the postmortem examination of the
 2278  animal, which breaks down during a race constitutes a violation
 2279  of this section.
 2280         (11) The cost of postmortem examinations, testing, and
 2281  disposal must be borne by the department division.
 2282         (12) The department division shall adopt rules to implement
 2283  this section. The rules may include a classification system for
 2284  prohibited substances and a corresponding penalty schedule for
 2285  violations.
 2286         (13) Except as specifically modified by statute or by rules
 2287  of the department division, the Uniform Classification
 2288  Guidelines for Foreign Substances, revised February 14, 1995, as
 2289  promulgated by the Association of Racing Commissioners
 2290  International, Inc., is hereby adopted by reference as the
 2291  uniform classification system for class IV and V medications.
 2292         (14) The department division shall utilize only the thin
 2293  layer chromatography (TLC) screening process to test for the
 2294  presence of class IV and V medications in samples taken from
 2295  racehorses except when thresholds of a class IV or class V
 2296  medication have been established and are enforced by rule. Once
 2297  a sample has been identified as suspicious for a class IV or
 2298  class V medication by the TLC screening process, the sample will
 2299  be sent for confirmation by and through additional testing
 2300  methods. All other medications not classified by rule as a class
 2301  IV or class V agent are shall be subject to all forms of testing
 2302  available to the department division.
 2303         (15) The department division may implement by rule
 2304  medication levels recommended by the University of Florida
 2305  College of Veterinary Medicine developed pursuant to an
 2306  agreement between the department Division of Pari-mutuel
 2307  Wagering and the University of Florida College of Veterinary
 2308  Medicine. The University of Florida College of Veterinary
 2309  Medicine may provide written notification to the department
 2310  division that it has completed research or review on a
 2311  particular drug pursuant to the agreement and when the College
 2312  of Veterinary Medicine has completed a final report of its
 2313  findings, conclusions, and recommendations to the department
 2314  division.
 2315         (16) The testing medium for phenylbutazone in horses shall
 2316  be serum, and the department division may collect up to six full
 2317  15-milliliter blood tubes for each horse being sampled.
 2318         Section 33. Section 550.2614, Florida Statutes, is amended
 2319  to read:
 2320         550.2614 Distribution of certain funds to a horsemen’s
 2321  association.—
 2322         (1) Each licensee that holds a permit for thoroughbred
 2323  horse racing in this state shall deduct from the purses required
 2324  by s. 550.2625, an amount of money equal to 1 percent of the
 2325  total purse pool and shall pay that amount to a horsemen’s
 2326  association representing the majority of the thoroughbred
 2327  racehorse owners and trainers for its use in accordance with the
 2328  stated goals of its articles of association filed with the
 2329  Department of State.
 2330         (2) The funds are payable to the horsemen’s association
 2331  only upon presentation of a sworn statement by the officers of
 2332  the association that the horsemen’s association represents a
 2333  majority of the owners and trainers of thoroughbred horses
 2334  stabled in the state.
 2335         (3) Upon receiving a state license, each thoroughbred owner
 2336  and trainer shall receive automatic membership in the horsemen’s
 2337  association as defined in subsection (1) and be counted on the
 2338  membership rolls of that association, unless, within 30 calendar
 2339  days after receipt of license from the state, the individual
 2340  declines membership in writing, to the association as defined in
 2341  subsection (1).
 2342         (4) The department division shall adopt rules to facilitate
 2343  the orderly transfer of funds in accordance with this section.
 2344  The department division shall also monitor the membership rolls
 2345  of the horsemen’s association to ensure that complete, accurate,
 2346  and timely listings are maintained for the purposes specified in
 2347  this section.
 2348         Section 34. Subsection (3) of section 550.26165, Florida
 2349  Statutes, is amended to read:
 2350         550.26165 Breeders’ awards.—
 2351         (3) Breeders’ associations shall submit their plans to the
 2352  department division at least 60 days before the beginning of the
 2353  payment year. The payment year may be a calendar year or any 12
 2354  month period, but once established, the yearly base may not be
 2355  changed except for compelling reasons. Once a plan is approved,
 2356  the department division may not allow the plan to be amended
 2357  during the year, except for the most compelling reasons.
 2358         Section 35. Section 550.2625, Florida Statutes, is amended
 2359  to read:
 2360         550.2625 Horseracing; minimum purse requirement, Florida
 2361  breeders’ and owners’ awards.—
 2362         (1) The purse structure and the availability of breeder
 2363  awards are important factors in attracting the entry of well
 2364  bred horses in racing meets in this state which in turn helps to
 2365  produce maximum racing revenues for the state and the counties.
 2366         (2) Each permitholder conducting a horserace meet is
 2367  required to pay from the takeout withheld on pari-mutuel pools a
 2368  sum for purses in accordance with the type of race performed.
 2369         (a) A permitholder conducting a thoroughbred horse race
 2370  meet under this chapter must pay from the takeout withheld a sum
 2371  not less than 7.75 percent of all contributions to pari-mutuel
 2372  pools conducted during the race meet as purses. In addition to
 2373  the 7.75 percent minimum purse payment, permitholders conducting
 2374  live thoroughbred performances shall be required to pay as
 2375  additional purses .625 percent of live handle for performances
 2376  conducted during the period beginning on January 3 and ending
 2377  March 16; .225 percent for performances conducted during the
 2378  period beginning March 17 and ending May 22; and .85 percent for
 2379  performances conducted during the period beginning May 23 and
 2380  ending January 2. Except that any thoroughbred permitholder
 2381  whose total handle on live performances during the 1991-1992
 2382  state fiscal year was not greater than $34 million is not
 2383  subject to this additional purse payment. A permitholder
 2384  authorized to conduct thoroughbred racing may withhold from the
 2385  handle an additional amount equal to 1 percent on exotic
 2386  wagering for use as owners’ awards, and may withhold from the
 2387  handle an amount equal to 2 percent on exotic wagering for use
 2388  as overnight purses. A No permitholder may not withhold in
 2389  excess of 20 percent from the handle without withholding the
 2390  amounts set forth in this subsection.
 2391         (b)1. A permitholder conducting a harness horse race meet
 2392  under this chapter must pay to the purse pool from the takeout
 2393  withheld a purse requirement that totals an amount not less than
 2394  8.25 percent of all contributions to pari-mutuel pools conducted
 2395  during the race meet. An amount not less than 7.75 percent of
 2396  the total handle shall be paid from this purse pool as purses.
 2397         2. An amount not to exceed 0.5 percent of the total handle
 2398  on all harness horse races that are subject to the purse
 2399  requirement of subparagraph 1., must be available for use to
 2400  provide medical, dental, surgical, life, funeral, or disability
 2401  insurance benefits for occupational licensees who work at tracks
 2402  in this state at which harness horse races are conducted. Such
 2403  insurance benefits must be paid from the purse pool specified in
 2404  subparagraph 1. An annual plan for payment of insurance benefits
 2405  from the purse pool, including qualifications for eligibility,
 2406  must be submitted by the Florida Standardbred Breeders and
 2407  Owners Association for approval to the department division. An
 2408  annual report of the implemented plan shall be submitted to the
 2409  department division. All records of the Florida Standardbred
 2410  Breeders and Owners Association concerning the administration of
 2411  the plan must be available for audit at the discretion of the
 2412  department division to determine that the plan has been
 2413  implemented and administered as authorized. If the department
 2414  division finds that the Florida Standardbred Breeders and Owners
 2415  Association has not complied with the provisions of this
 2416  section, the department division may order the association to
 2417  cease and desist from administering the plan and shall appoint
 2418  the department division as temporary administrator of the plan
 2419  until the department division reestablishes administration of
 2420  the plan with the association.
 2421         (c) A permitholder conducting a quarter horse race meet
 2422  under this chapter shall pay from the takeout withheld a sum not
 2423  less than 6 percent of all contributions to pari-mutuel pools
 2424  conducted during the race meet as purses.
 2425         (d) The department division shall adopt reasonable rules to
 2426  ensure the timely and accurate payment of all amounts withheld
 2427  by horserace permitholders regarding the distribution of purses,
 2428  owners’ awards, and other amounts collected for payment to
 2429  owners and breeders. Each permitholder that fails to pay out all
 2430  moneys collected for payment to owners and breeders shall,
 2431  within 10 days after the end of the meet during which the
 2432  permitholder underpaid purses, deposit an amount equal to the
 2433  underpayment into a separate interest-bearing account to be
 2434  distributed to owners and breeders in accordance with department
 2435  division rules.
 2436         (e) An amount equal to 8.5 percent of the purse account
 2437  generated through intertrack wagering and interstate
 2438  simulcasting will be used for Florida Owners’ Awards as set
 2439  forth in subsection (3). Any thoroughbred permitholder with an
 2440  average blended takeout that which does not exceed 20 percent
 2441  and with an average daily purse distribution excluding
 2442  sponsorship, entry fees, and nominations exceeding $225,000 is
 2443  exempt from the provisions of this paragraph.
 2444         (3) Each horseracing permitholder conducting any
 2445  thoroughbred race under this chapter, including any intertrack
 2446  race taken pursuant to ss. 550.615-550.6305 or any interstate
 2447  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 2448  to 0.955 percent on all pari-mutuel pools conducted during any
 2449  such race for the payment of breeders’, stallion, or special
 2450  racing awards as authorized in this chapter. This subsection
 2451  also applies to all Breeder’s Cup races conducted outside this
 2452  state taken pursuant to s. 550.3551(3). On any race originating
 2453  live in this state which is broadcast out-of-state to any
 2454  location at which wagers are accepted pursuant to s.
 2455  550.3551(2), the host track is required to pay 3.475 percent of
 2456  the gross revenue derived from such out-of-state broadcasts as
 2457  breeders’, stallion, or special racing awards. The Florida
 2458  Thoroughbred Breeders’ Association is authorized to receive
 2459  these payments from the permitholders and make payments of
 2460  awards earned. The Florida Thoroughbred Breeders’ Association
 2461  has the right to withhold up to 10 percent of the permitholder’s
 2462  payments under this section as a fee for administering the
 2463  payments of awards and for general promotion of the industry.
 2464  The permitholder shall remit these payments to the Florida
 2465  Thoroughbred Breeders’ Association by the 5th day of each
 2466  calendar month for such sums accruing during the preceding
 2467  calendar month and shall report such payments to the department
 2468  division as prescribed by the department division. With the
 2469  exception of the 10-percent fee, the moneys paid by the
 2470  permitholders shall be maintained in a separate, interest
 2471  bearing account, and such payments together with any interest
 2472  earned shall be used exclusively for the payment of breeders’,
 2473  stallion, or special racing awards in accordance with the
 2474  following provisions:
 2475         (a) The breeder of each Florida-bred thoroughbred horse
 2476  winning a thoroughbred horse race is entitled to an award of up
 2477  to, but not exceeding, 20 percent of the announced gross purse,
 2478  including nomination fees, eligibility fees, starting fees,
 2479  supplementary fees, and moneys added by the sponsor of the race.
 2480         (b) The owner or owners of the sire of a Florida-bred
 2481  thoroughbred horse that wins a stakes race is entitled to a
 2482  stallion award of up to, but not exceeding, 20 percent of the
 2483  announced gross purse, including nomination fees, eligibility
 2484  fees, starting fees, supplementary fees, and moneys added by the
 2485  sponsor of the race.
 2486         (c) The owners of thoroughbred horses participating in
 2487  thoroughbred stakes races, nonstakes races, or both may receive
 2488  a special racing award in accordance with the agreement
 2489  established pursuant to s. 550.26165(1).
 2490         (d) In order for a breeder of a Florida-bred thoroughbred
 2491  horse to be eligible to receive a breeder’s award, the horse
 2492  must have been registered as a Florida-bred horse with the
 2493  Florida Thoroughbred Breeders’ Association, and the Jockey Club
 2494  certificate for the horse must show that it has been duly
 2495  registered as a Florida-bred horse as evidenced by the seal and
 2496  proper serial number of the Florida Thoroughbred Breeders’
 2497  Association registry. The Florida Thoroughbred Breeders’
 2498  Association shall be permitted to charge the registrant a
 2499  reasonable fee for this verification and registration.
 2500         (e) In order for an owner of the sire of a thoroughbred
 2501  horse winning a stakes race to be eligible to receive a stallion
 2502  award, the stallion must have been registered with the Florida
 2503  Thoroughbred Breeders’ Association, and the breeding of the
 2504  registered Florida-bred horse must have occurred in this state.
 2505  The stallion must be standing permanently in this state during
 2506  the period of time between February 1 and June 15 of each year
 2507  or, if the stallion is dead, must have stood permanently in this
 2508  state for a period of not less than 1 year immediately prior to
 2509  its death. The removal of a stallion from this state during the
 2510  period of time between February 1 and June 15 of any year for
 2511  any reason, other than exclusively for prescribed medical
 2512  treatment, as approved by the Florida Thoroughbred Breeders’
 2513  Association, renders the owner or owners of the stallion
 2514  ineligible to receive a stallion award under any circumstances
 2515  for offspring sired prior to removal; however, if a removed
 2516  stallion is returned to this state, all offspring sired
 2517  subsequent to the return make the owner or owners of the
 2518  stallion eligible for the stallion award but only for those
 2519  offspring sired subsequent to such return to this state. The
 2520  Florida Thoroughbred Breeders’ Association shall maintain
 2521  complete records showing the date the stallion arrived in this
 2522  state for the first time, whether or not the stallion remained
 2523  in the state permanently, the location of the stallion, and
 2524  whether the stallion is still standing in this state and
 2525  complete records showing awards earned, received, and
 2526  distributed. The association may charge the owner, owners, or
 2527  breeder a reasonable fee for this service.
 2528         (f) A permitholder conducting a thoroughbred horse race
 2529  under the provisions of this chapter shall, within 30 days after
 2530  the end of the race meet during which the race is conducted,
 2531  certify to the Florida Thoroughbred Breeders’ Association such
 2532  information relating to the thoroughbred horses winning a stakes
 2533  or other horserace at the meet as may be required to determine
 2534  the eligibility for payment of breeders’, stallion, and special
 2535  racing awards.
 2536         (g) The Florida Thoroughbred Breeders’ Association shall
 2537  maintain complete records showing the starters and winners in
 2538  all races conducted at thoroughbred tracks in this state; shall
 2539  maintain complete records showing awards earned, received, and
 2540  distributed; and may charge the owner, owners, or breeder a
 2541  reasonable fee for this service.
 2542         (h) The Florida Thoroughbred Breeders’ Association shall
 2543  annually establish a uniform rate and procedure for the payment
 2544  of breeders’ and stallion awards and shall make breeders’ and
 2545  stallion award payments in strict compliance with the
 2546  established uniform rate and procedure plan. The plan may set a
 2547  cap on winnings and may limit, exclude, or defer payments to
 2548  certain classes of races, such as the Florida stallion stakes
 2549  races, in order to assure that there are adequate revenues to
 2550  meet the proposed uniform rate. Such plan must include proposals
 2551  for the general promotion of the industry. Priority shall be
 2552  placed upon imposing such restrictions in lieu of allowing the
 2553  uniform rate to be less than 15 percent of the total purse
 2554  payment. The uniform rate and procedure plan must be approved by
 2555  the department division before implementation. In the absence of
 2556  an approved plan and procedure, the authorized rate for
 2557  breeders’ and stallion awards is 15 percent of the announced
 2558  gross purse for each race. Such purse must include nomination
 2559  fees, eligibility fees, starting fees, supplementary fees, and
 2560  moneys added by the sponsor of the race. If the funds in the
 2561  account for payment of breeders’ and stallion awards are not
 2562  sufficient to meet all earned breeders’ and stallion awards,
 2563  those breeders and stallion owners not receiving payments have
 2564  first call on any subsequent receipts in that or any subsequent
 2565  year.
 2566         (i) The Florida Thoroughbred Breeders’ Association shall
 2567  keep accurate records showing receipts and disbursements of such
 2568  payments and shall annually file a full and complete report to
 2569  the department division showing such receipts and disbursements
 2570  and the sums withheld for administration. The department
 2571  division may audit the records and accounts of the Florida
 2572  Thoroughbred Breeders’ Association to determine that payments
 2573  have been made to eligible breeders and stallion owners in
 2574  accordance with this section.
 2575         (j) If the department division finds that the Florida
 2576  Thoroughbred Breeders’ Association has not complied with any
 2577  provision of this section, the department division may order the
 2578  association to cease and desist from receiving funds and
 2579  administering funds received under this section. If the
 2580  department division enters such an order, the permitholder shall
 2581  make the payments authorized in this section to the department
 2582  division for deposit into the Pari-mutuel Wagering Trust Fund;
 2583  and any funds in the Florida Thoroughbred Breeders’ Association
 2584  account shall be immediately paid to the department Division of
 2585  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 2586  Trust Fund. The department division shall authorize payment from
 2587  these funds to any breeder or stallion owner entitled to an
 2588  award that has not been previously paid by the Florida
 2589  Thoroughbred Breeders’ Association in accordance with the
 2590  applicable rate.
 2591         (4) Each permitholder conducting a harness horse race under
 2592  this chapter shall pay a sum equal to the breaks on all pari
 2593  mutuel pools conducted during that race for the payment of
 2594  breeders’ awards, stallion awards, and stallion stakes and for
 2595  additional expenditures as authorized in this section. The
 2596  Florida Standardbred Breeders and Owners Association is
 2597  authorized to receive these payments from the permitholders and
 2598  make payments as authorized in this subsection. The Florida
 2599  Standardbred Breeders and Owners Association has the right to
 2600  withhold up to 10 percent of the permitholder’s payments under
 2601  this section and under s. 550.2633 as a fee for administering
 2602  these payments. The permitholder shall remit these payments to
 2603  the Florida Standardbred Breeders and Owners Association by the
 2604  5th day of each calendar month for such sums accruing during the
 2605  preceding calendar month and shall report such payments to the
 2606  department division as prescribed by the department division.
 2607  With the exception of the 10-percent fee for administering the
 2608  payments and the use of the moneys authorized by paragraph (j),
 2609  the moneys paid by the permitholders shall be maintained in a
 2610  separate, interest-bearing account; and such payments together
 2611  with any interest earned shall be allocated for the payment of
 2612  breeders’ awards, stallion awards, stallion stakes, additional
 2613  purses, and prizes for, and the general promotion of owning and
 2614  breeding of, Florida-bred standardbred horses. Payment of
 2615  breeders’ awards and stallion awards shall be made in accordance
 2616  with the following provisions:
 2617         (a) The breeder of each Florida-bred standardbred horse
 2618  winning a harness horse race is entitled to an award of up to,
 2619  but not exceeding, 20 percent of the announced gross purse,
 2620  including nomination fees, eligibility fees, starting fees,
 2621  supplementary fees, and moneys added by the sponsor of the race.
 2622         (b) The owner or owners of the sire of a Florida-bred
 2623  standardbred horse that wins a stakes race is entitled to a
 2624  stallion award of up to, but not exceeding, 20 percent of the
 2625  announced gross purse, including nomination fees, eligibility
 2626  fees, starting fees, supplementary fees, and moneys added by the
 2627  sponsor of the race.
 2628         (c) In order for a breeder of a Florida-bred standardbred
 2629  horse to be eligible to receive a breeder’s award, the horse
 2630  winning the race must have been registered as a Florida-bred
 2631  horse with the Florida Standardbred Breeders and Owners
 2632  Association and a registration certificate under seal for the
 2633  winning horse must show that the winner has been duly registered
 2634  as a Florida-bred horse as evidenced by the seal and proper
 2635  serial number of the United States Trotting Association
 2636  registry. The Florida Standardbred Breeders and Owners
 2637  Association shall be permitted to charge the registrant a
 2638  reasonable fee for this verification and registration.
 2639         (d) In order for an owner of the sire of a standardbred
 2640  horse winning a stakes race to be eligible to receive a stallion
 2641  award, the stallion must have been registered with the Florida
 2642  Standardbred Breeders and Owners Association, and the breeding
 2643  of the registered Florida-bred horse must have occurred in this
 2644  state. The stallion must be standing permanently in this state
 2645  or, if the stallion is dead, must have stood permanently in this
 2646  state for a period of not less than 1 year immediately prior to
 2647  its death. The removal of a stallion from this state for any
 2648  reason, other than exclusively for prescribed medical treatment,
 2649  renders the owner or the owners of the stallion ineligible to
 2650  receive a stallion award under any circumstances for offspring
 2651  sired prior to removal; however, if a removed stallion is
 2652  returned to this state, all offspring sired subsequent to the
 2653  return make the owner or owners of the stallion eligible for the
 2654  stallion award but only for those offspring sired subsequent to
 2655  such return to this state. The Florida Standardbred Breeders and
 2656  Owners Association shall maintain complete records showing the
 2657  date the stallion arrived in this state for the first time,
 2658  whether or not the stallion remained in the state permanently,
 2659  the location of the stallion, and whether the stallion is still
 2660  standing in this state and complete records showing awards
 2661  earned, received, and distributed. The association may charge
 2662  the owner, owners, or breeder a reasonable fee for this service.
 2663         (e) A permitholder conducting a harness horse race under
 2664  this chapter shall, within 30 days after the end of the race
 2665  meet during which the race is conducted, certify to the Florida
 2666  Standardbred Breeders and Owners Association such information
 2667  relating to the horse winning a stakes or other horserace at the
 2668  meet as may be required to determine the eligibility for payment
 2669  of breeders’ awards and stallion awards.
 2670         (f) The Florida Standardbred Breeders and Owners
 2671  Association shall maintain complete records showing the starters
 2672  and winners in all races conducted at harness horse racetracks
 2673  in this state; shall maintain complete records showing awards
 2674  earned, received, and distributed; and may charge the owner,
 2675  owners, or breeder a reasonable fee for this service.
 2676         (g) The Florida Standardbred Breeders and Owners
 2677  Association shall annually establish a uniform rate and
 2678  procedure for the payment of breeders’ awards, stallion awards,
 2679  stallion stakes, additional purses, and prizes for, and for the
 2680  general promotion of owning and breeding of, Florida-bred
 2681  standardbred horses and shall make award payments and
 2682  allocations in strict compliance with the established uniform
 2683  rate and procedure. The plan may set a cap on winnings, and may
 2684  limit, exclude, or defer payments to certain classes of races,
 2685  such as the Florida Breeders’ stakes races, in order to assure
 2686  that there are adequate revenues to meet the proposed uniform
 2687  rate. Priority shall be placed on imposing such restrictions in
 2688  lieu of allowing the uniform rate allocated to payment of
 2689  breeder and stallion awards to be less than 10 percent of the
 2690  total purse payment. The uniform rate and procedure must be
 2691  approved by the department division before implementation. In
 2692  the absence of an approved plan and procedure, the authorized
 2693  rate for breeders’ and stallion awards is 10 percent of the
 2694  announced gross purse for each race. Such purse must include
 2695  nomination fees, eligibility fees, starting fees, supplementary
 2696  fees, and moneys added by the sponsor of the race. If the funds
 2697  in the account for payment of breeders’ and stallion awards are
 2698  not sufficient to meet all earned breeders’ and stallion awards,
 2699  those breeders and stallion owners not receiving payments have
 2700  first call on any subsequent receipts in that or any subsequent
 2701  year.
 2702         (h) The Florida Standardbred Breeders and Owners
 2703  Association shall keep accurate records showing receipts and
 2704  disbursements of such payments and shall annually file a full
 2705  and complete report to the department division showing such
 2706  receipts and disbursements and the sums withheld for
 2707  administration. The department division may audit the records
 2708  and accounts of the Florida Standardbred Breeders and Owners
 2709  Association to determine that payments have been made to
 2710  eligible breeders, stallion owners, and owners of Florida-bred
 2711  standardbred horses in accordance with this section.
 2712         (i) If the department division finds that the Florida
 2713  Standardbred Breeders and Owners Association has not complied
 2714  with any provision of this section, the department division may
 2715  order the association to cease and desist from receiving funds
 2716  and administering funds received under this section and under s.
 2717  550.2633. If the department division enters such an order, the
 2718  permitholder shall make the payments authorized in this section
 2719  and s. 550.2633 to the department division for deposit into the
 2720  Pari-mutuel Wagering Trust Fund; and any funds in the Florida
 2721  Standardbred Breeders and Owners Association account shall be
 2722  immediately paid to the department division for deposit to the
 2723  Pari-mutuel Wagering Trust Fund. The department division shall
 2724  authorize payment from these funds to any breeder, stallion
 2725  owner, or owner of a Florida-bred standardbred horse entitled to
 2726  an award that has not been previously paid by the Florida
 2727  Standardbred Breeders and Owners Association in accordance with
 2728  the applicable rate.
 2729         (j) The board of directors of the Florida Standardbred
 2730  Breeders and Owners Association may authorize the release of up
 2731  to 25 percent of the funds available for breeders’ awards,
 2732  stallion awards, stallion stakes, additional purses, and prizes
 2733  for, and for the general promotion of owning and breeding of,
 2734  Florida-bred standardbred horses to be used for purses for, and
 2735  promotion of, Florida-bred standardbred horses at race meetings
 2736  at which there is no pari-mutuel wagering unless, and to the
 2737  extent that, such release would render the funds available for
 2738  such awards insufficient to pay the breeders’ and stallion
 2739  awards earned pursuant to the annual plan of the association.
 2740  Any such funds so released and used for purses are not
 2741  considered to be an “announced gross purse” as that term is used
 2742  in paragraphs (a) and (b), and no breeders’ or stallion awards,
 2743  stallion stakes, or owner awards are required to be paid for
 2744  standardbred horses winning races in meetings at which there is
 2745  no pari-mutuel wagering. The amount of purses to be paid from
 2746  funds so released and the meets eligible to receive such funds
 2747  for purses must be approved by the board of directors of the
 2748  Florida Standardbred Breeders and Owners Association.
 2749         (5)(a) Except as provided in subsections (7) and (8), each
 2750  permitholder conducting a quarter horse race meet under this
 2751  chapter shall pay a sum equal to the breaks plus a sum equal to
 2752  1 percent of all pari-mutuel pools conducted during that race
 2753  for supplementing and augmenting purses and prizes and for the
 2754  general promotion of owning and breeding of racing quarter
 2755  horses in this state as authorized in this section. The Florida
 2756  Quarter Horse Breeders and Owners Association is authorized to
 2757  receive these payments from the permitholders and make payments
 2758  as authorized in this subsection. The Florida Quarter Horse
 2759  Breeders and Owners Association, Inc., referred to in this
 2760  chapter as the Florida Quarter Horse Breeders and Owners
 2761  Association, has the right to withhold up to 10 percent of the
 2762  permitholder’s payments under this section and under s. 550.2633
 2763  as a fee for administering these payments. The permitholder
 2764  shall remit these payments to the Florida Quarter Horse Breeders
 2765  and Owners Association by the 5th day of each calendar month for
 2766  such sums accruing during the preceding calendar month and shall
 2767  report such payments to the department division as prescribed by
 2768  the department division. With the exception of the 5-percent fee
 2769  for administering the payments, the moneys paid by the
 2770  permitholders shall be maintained in a separate, interest
 2771  bearing account.
 2772         (b) The Florida Quarter Horse Breeders and Owners
 2773  Association shall use these funds solely for supplementing and
 2774  augmenting purses and prizes and for the general promotion of
 2775  owning and breeding of racing quarter horses in this state and
 2776  for general administration of the Florida Quarter Horse Breeders
 2777  and Owners Association, Inc., in this state.
 2778         (c) In order for an owner or breeder of a Florida-bred
 2779  quarter horse to be eligible to receive an award, the horse
 2780  winning a race must have been registered as a Florida-bred horse
 2781  with the Florida Quarter Horse Breeders and Owners Association
 2782  and a registration certificate under seal for the winning horse
 2783  must show that the winning horse has been duly registered prior
 2784  to the race as a Florida-bred horse as evidenced by the seal and
 2785  proper serial number of the Florida Quarter Horse Breeders and
 2786  Owners Association registry. The Department of Agriculture and
 2787  Consumer Services is authorized to assist the association in
 2788  maintaining this registry. The Florida Quarter Horse Breeders
 2789  and Owners Association may charge the registrant a reasonable
 2790  fee for this verification and registration. Any person who
 2791  registers unqualified horses or misrepresents information in any
 2792  way shall be denied any future participation in breeders’
 2793  awards, and all horses misrepresented will no longer be deemed
 2794  to be Florida-bred.
 2795         (d) A permitholder conducting a quarter horse race under a
 2796  quarter horse permit under this chapter shall, within 30 days
 2797  after the end of the race meet during which the race is
 2798  conducted, certify to the Florida Quarter Horse Breeders and
 2799  Owners Association such information relating to the horse
 2800  winning a stakes or other horserace at the meet as may be
 2801  required to determine the eligibility for payment of breeders’
 2802  awards under this section.
 2803         (e) The Florida Quarter Horse Breeders and Owners
 2804  Association shall maintain complete records showing the starters
 2805  and winners in all quarter horse races conducted under quarter
 2806  horse permits in this state; shall maintain complete records
 2807  showing awards earned, received, and distributed; and may charge
 2808  the owner, owners, or breeder a reasonable fee for this service.
 2809         (f) The Florida Quarter Horse Breeders and Owners
 2810  Association shall keep accurate records showing receipts and
 2811  disbursements of payments made under this section and shall
 2812  annually file a full and complete report to the department
 2813  division showing such receipts and disbursements and the sums
 2814  withheld for administration. The department division may audit
 2815  the records and accounts of the Florida Quarter Horse Breeders
 2816  and Owners Association to determine that payments have been made
 2817  in accordance with this section.
 2818         (g) The Florida Quarter Horse Breeders and Owners
 2819  Association shall annually establish a plan for supplementing
 2820  and augmenting purses and prizes and for the general promotion
 2821  of owning and breeding Florida-bred racing quarter horses and
 2822  shall make award payments and allocations in strict compliance
 2823  with the annual plan. The annual plan must be approved by the
 2824  department division before implementation. If the funds in the
 2825  account for payment of purses and prizes are not sufficient to
 2826  meet all purses and prizes to be awarded, those breeders and
 2827  owners not receiving payments have first call on any subsequent
 2828  receipts in that or any subsequent year.
 2829         (h) If the department division finds that the Florida
 2830  Quarter Horse Breeders and Owners Association has not complied
 2831  with any provision of this section, the department division may
 2832  order the association to cease and desist from receiving funds
 2833  and administering funds received under this section and s.
 2834  550.2633. If the department division enters such an order, the
 2835  permitholder shall make the payments authorized in this section
 2836  and s. 550.2633 to the department division for deposit into the
 2837  Pari-mutuel Wagering Trust Fund, and any funds in the Florida
 2838  Quarter Horse Breeders and Owners Association account shall be
 2839  immediately paid to the department division for deposit to the
 2840  Pari-mutuel Wagering Trust Fund. The department division shall
 2841  authorize payment from these funds to any breeder or owner of a
 2842  quarter horse entitled to an award that has not been previously
 2843  paid by the Florida Quarter Horse Breeders and Owners
 2844  Association pursuant to in accordance with this section.
 2845         (6)(a) The takeout may be used for the payment of awards to
 2846  owners of registered Florida-bred horses placing first in a
 2847  claiming race, an allowance race, a maiden special race, or a
 2848  stakes race in which the announced purse, exclusive of entry and
 2849  starting fees and added moneys, does not exceed $40,000.
 2850         (b) The permitholder shall determine for each qualified
 2851  race the amount of the owners’ award for which a registered
 2852  Florida-bred horse will be eligible. The amount of the available
 2853  owners’ award shall be established in the same manner in which
 2854  purses are established and shall be published in the condition
 2855  book for the period during which the race is to be conducted. No
 2856  single award may exceed 50 percent of the gross purse for the
 2857  race won.
 2858         (c) If the moneys generated under paragraph (a) during the
 2859  meet exceed the owners’ awards earned during the meet, the
 2860  excess funds shall be held in a separate interest-bearing
 2861  account, and the total interest and principal shall be used to
 2862  increase the owners’ awards during the permitholder’s next meet.
 2863         (d) Breeders’ awards authorized by subsections (3) and (4)
 2864  may not be paid on owners’ awards.
 2865         (e) This subsection governs owners’ awards paid on
 2866  thoroughbred horse races only in this state, unless a written
 2867  agreement is filed with the department division establishing the
 2868  rate, procedures, and eligibility requirements for owners’
 2869  awards, including place of finish, class of race, maximum purse,
 2870  and maximum award, and the agreement is entered into by the
 2871  permitholder, the Florida Thoroughbred Breeders’ Association,
 2872  and the association representing a majority of the racehorse
 2873  owners and trainers at the permitholder’s location.
 2874         (7)(a) Each permitholder that conducts race meets under
 2875  this chapter and runs Appaloosa races shall pay to the
 2876  department division a sum equal to the breaks plus a sum equal
 2877  to 1 percent of the total contributions to each pari-mutuel pool
 2878  conducted on each Appaloosa race. The payments shall be remitted
 2879  to the department division by the 5th day of each calendar month
 2880  for sums accruing during the preceding calendar month.
 2881         (b) The department division shall deposit these collections
 2882  to the credit of the General Inspection Trust Fund in a special
 2883  account to be known as the “Florida Appaloosa Racing Promotion
 2884  Account.” The Department of Agriculture and Consumer Services
 2885  shall administer the funds and adopt suitable and reasonable
 2886  rules for the administration thereof. The moneys in the Florida
 2887  Appaloosa Racing Promotion Account shall be allocated solely for
 2888  supplementing and augmenting purses and prizes and for the
 2889  general promotion of owning and breeding of racing Appaloosas in
 2890  this state; and the moneys may not be used to defray any expense
 2891  of the Department of Agriculture and Consumer Services in the
 2892  administration of this chapter.
 2893         (8)(a) Each permitholder that conducts race meets under
 2894  this chapter and runs Arabian horse races shall pay to the
 2895  department division a sum equal to the breaks plus a sum equal
 2896  to 1 percent of the total contributions to each pari-mutuel pool
 2897  conducted on each Arabian horse race. The payments shall be
 2898  remitted to the department division by the 5th day of each
 2899  calendar month for sums accruing during the preceding calendar
 2900  month.
 2901         (b) The department division shall deposit these collections
 2902  to the credit of the General Inspection Trust Fund in a special
 2903  account to be known as the “Florida Arabian Horse Racing
 2904  Promotion Account.” The Department of Agriculture and Consumer
 2905  Services shall administer the funds and adopt suitable and
 2906  reasonable rules for the administration thereof. The moneys in
 2907  the Florida Arabian Horse Racing Promotion Account shall be
 2908  allocated solely for supplementing and augmenting purses and
 2909  prizes and for the general promotion of owning and breeding of
 2910  racing Arabian horses in this state; and the moneys may not be
 2911  used to defray any expense of the Department of Agriculture and
 2912  Consumer Services in the administration of this chapter, except
 2913  that the moneys generated by Arabian horse registration fees
 2914  received pursuant to s. 570.382 may be used as provided in
 2915  paragraph (5)(b) of that section.
 2916         Section 36. Section 550.26352, Florida Statutes, is amended
 2917  to read:
 2918         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
 2919  taxes; credits; transmission of races; rules; application.—
 2920         (1) Notwithstanding any provision of this chapter to the
 2921  contrary, there is hereby created a special thoroughbred race
 2922  meet that which shall be designated as the “Breeders’ Cup Meet.”
 2923  The Breeders’ Cup Meet shall be conducted at the facility of the
 2924  Florida permitholder selected by Breeders’ Cup Limited to
 2925  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
 2926  consist of 3 days: the day on which the Breeders’ Cup races are
 2927  conducted, the preceding day, and the subsequent day. Upon the
 2928  selection of the Florida permitholder as host for the Breeders’
 2929  Cup Meet and application by the selected permitholder, the
 2930  department division shall issue a license to the selected
 2931  permitholder to operate the Breeders’ Cup Meet. Notwithstanding
 2932  s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
 2933  dates that which the selected permitholder is not otherwise
 2934  authorized to conduct a race meet.
 2935         (2) The permitholder conducting the Breeders’ Cup Meet is
 2936  specifically authorized to create pari-mutuel pools during the
 2937  Breeders’ Cup Meet by accepting pari-mutuel wagers on the
 2938  thoroughbred horse races run during said meet.
 2939         (3) If the permitholder conducting the Breeders’ Cup Meet
 2940  is located within 35 miles of one or more permitholders
 2941  scheduled to conduct a thoroughbred race meet on any of the 3
 2942  days of the Breeders’ Cup Meet, then operation on any of those 3
 2943  days by the other permitholders is prohibited. As compensation
 2944  for the loss of racing days caused thereby, such operating
 2945  permitholders shall receive a credit against the taxes otherwise
 2946  due and payable to the state under ss. 550.0951 and 550.09515.
 2947  This credit shall be in an amount equal to the operating loss
 2948  determined to have been suffered by the operating permitholders
 2949  as a result of not operating on the prohibited racing days, but
 2950  may shall not exceed a total of $950,000. The determination of
 2951  the amount to be credited shall be made by the department
 2952  division upon application by the operating permitholder. The tax
 2953  credits provided in this subsection are shall not be available
 2954  unless an operating permitholder is required to close a bona
 2955  fide meet consisting in part of no fewer than 10 scheduled
 2956  performances in the 15 days immediately preceding or 10
 2957  scheduled performances in the 15 days immediately following the
 2958  Breeders’ Cup Meet. Such tax credit shall be in lieu of any
 2959  other compensation or consideration for the loss of racing days.
 2960  There shall be no replacement or makeup of any lost racing days.
 2961         (4) Notwithstanding any provision of ss. 550.0951 and
 2962  550.09515, the permitholder conducting the Breeders’ Cup Meet
 2963  shall pay no taxes on the handle included within the pari-mutuel
 2964  pools of said permitholder during the Breeders’ Cup Meet.
 2965         (5) The permitholder conducting the Breeders’ Cup Meet
 2966  shall receive a credit against the taxes otherwise due and
 2967  payable to the state under ss. 550.0951 and 550.09515 generated
 2968  during said permitholder’s next ensuing regular thoroughbred
 2969  race meet. This credit shall be in an amount not to exceed
 2970  $950,000 and shall be used utilized by the permitholder to pay
 2971  the purses offered by the permitholder during the Breeders’ Cup
 2972  Meet in excess of the purses that which the permitholder is
 2973  otherwise required by law to pay. The amount to be credited
 2974  shall be determined by the department division upon application
 2975  of the permitholder which is subject to audit by the department
 2976  division.
 2977         (6) The permitholder conducting the Breeders’ Cup Meet
 2978  shall receive a credit against the taxes otherwise due and
 2979  payable to the state under ss. 550.0951 and 550.09515 generated
 2980  during said permitholder’s next ensuing regular thoroughbred
 2981  race meet. This credit shall be in an amount not to exceed
 2982  $950,000 and shall be utilized by the permitholder for such
 2983  capital improvements and extraordinary expenses as may be
 2984  necessary for operation of the Breeders’ Cup Meet. The amount to
 2985  be credited shall be determined by the department division upon
 2986  application of the permitholder which is subject to audit by the
 2987  department division.
 2988         (7) The permitholder conducting the Breeders’ Cup Meet is
 2989  shall be exempt from the payment of purses and other payments to
 2990  horsemen on all on-track, intertrack, interstate, and
 2991  international wagers or rights fees or payments arising
 2992  therefrom for all races for which the purse is paid or supplied
 2993  by Breeders’ Cup Limited. The permitholder conducting the
 2994  Breeders’ Cup Meet is shall not, however, be exempt from
 2995  breeders’ awards payments for on-track and intertrack wagers as
 2996  provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
 2997  the purse is paid or supplied by Breeders’ Cup Limited.
 2998         (8)(a) Pursuant to s. 550.3551(2), the permitholder
 2999  conducting the Breeders’ Cup Meet may is authorized to transmit
 3000  broadcasts of the races conducted during the Breeders’ Cup Meet
 3001  to locations outside of this state for wagering purposes. The
 3002  department division may approve broadcasts to pari-mutuel
 3003  permitholders and other betting systems authorized under the
 3004  laws of any other state or country. Wagers accepted by any out
 3005  of-state pari-mutuel permitholder or betting system on any races
 3006  broadcast under this section may be, but are not required to be,
 3007  commingled with the pari-mutuel pools of the permitholder
 3008  conducting the Breeders’ Cup Meet. The calculation of any payoff
 3009  on national pari-mutuel pools with commingled wagers may be
 3010  performed by the permitholder’s totalisator contractor at a
 3011  location outside of this state. Pool amounts from wagers placed
 3012  at pari-mutuel facilities or other betting systems in foreign
 3013  countries before being commingled with the pari-mutuel pool of
 3014  the Florida permitholder conducting the Breeders’ Cup Meet shall
 3015  be calculated by the totalisator contractor and transferred to
 3016  the commingled pool in United States currency in cycles
 3017  customarily used by the permitholder. Pool amounts from wagers
 3018  placed at any foreign pari-mutuel facility or other betting
 3019  system may shall not be commingled with a Florida pool until a
 3020  determination is made by the department division that the
 3021  technology utilized by the totalisator contractor is adequate to
 3022  assure commingled pools will result in the calculation of
 3023  accurate payoffs to Florida bettors. Any totalisator contractor
 3024  at a location outside of this state shall comply with the
 3025  provisions of s. 550.495 relating to totalisator licensing.
 3026         (b) The permitholder conducting the Breeders’ Cup Meet may
 3027  is authorized to transmit broadcasts of the races conducted
 3028  during the Breeders’ Cup Meet to other pari-mutuel facilities
 3029  located in this state for wagering purposes; however, the
 3030  permitholder conducting the Breeders’ Cup Meet is shall not be
 3031  required to transmit broadcasts to any pari-mutuel facility
 3032  located within 25 miles of the facility at which the Breeders’
 3033  Cup Meet is conducted.
 3034         (9) The exemption from the tax credits provided in
 3035  subsections (5) and (6) may shall not be granted and may shall
 3036  not be claimed by the permitholder until an audit is completed
 3037  by the department division. The department division is required
 3038  to complete the audit within 30 days of receipt of the necessary
 3039  documentation from the permitholder to verify the permitholder’s
 3040  claim for tax credits. If the documentation submitted by the
 3041  permitholder is incomplete or is insufficient to document the
 3042  permitholder’s claim for tax credits, the department division
 3043  may request such additional documentation as is necessary to
 3044  complete the audit. Upon receipt of the department’s division’s
 3045  written request for additional documentation, the 30-day time
 3046  limitation will commence anew.
 3047         (10) The department may division is authorized to adopt
 3048  such rules as are necessary to facilitate the conduct of the
 3049  Breeders’ Cup Meet, including as authorized in this section.
 3050  Included within this grant of authority shall be the adoption or
 3051  waiver of rules regarding the overall conduct of racing during
 3052  the Breeders’ Cup Meet so as to ensure the integrity of the
 3053  races, licensing for all participants, special stabling and
 3054  training requirements for foreign horses, commingling of pari
 3055  mutuel pools, and audit requirements for tax credits and other
 3056  benefits.
 3057         (11) Any dispute between the department division and any
 3058  permitholder regarding the tax credits authorized under
 3059  subsection (3), subsection (5), or subsection (6) shall be
 3060  determined by a hearing officer of the Division of
 3061  Administrative Hearings under the provisions of s. 120.57(1).
 3062         (12) The provisions of this section shall prevail over any
 3063  conflicting provisions of this chapter.
 3064         Section 37. Section 550.2704, Florida Statutes, is amended
 3065  to read:
 3066         550.2704 Jai Alai Tournament of Champions Meet.—
 3067         (1) Notwithstanding any provision of this chapter, there is
 3068  hereby created a special jai alai meet that which shall be
 3069  designated as the “Jai Alai Tournament of Champions Meet” and
 3070  which shall be hosted by the Florida jai alai permitholders
 3071  selected by the National Association of Jai Alai Frontons, Inc.,
 3072  to conduct such meet. The meet shall consist of three qualifying
 3073  performances and a final performance, each of which is to be
 3074  conducted on different days. Upon the selection of the Florida
 3075  permitholders for the meet, and upon application by the selected
 3076  permitholders, the department Division of Pari-mutuel Wagering
 3077  shall issue a license to each of the selected permitholders to
 3078  operate the meet. The meet may be conducted during a season in
 3079  which the permitholders selected to conduct the meet are not
 3080  otherwise authorized to conduct a meet. Notwithstanding anything
 3081  herein to the contrary, any Florida permitholder who is to
 3082  conduct a performance that which is a part of the Jai Alai
 3083  Tournament of Champions Meet is shall not be required to apply
 3084  for the license for said meet if it is to be run during the
 3085  regular season for which such permitholder has a license.
 3086         (2) Qualifying performances and the final performance of
 3087  the tournament shall be held at different locations throughout
 3088  the state, and the permitholders selected shall be under
 3089  different ownership to the extent possible.
 3090         (3) Notwithstanding any provision of this chapter, each of
 3091  the permitholders licensed to conduct performances comprising
 3092  the Jai Alai Tournament of Champions Meet shall pay no taxes on
 3093  handle under s. 550.0951 or s. 550.09511 for any performance
 3094  conducted by such permitholder as part of the Jai Alai
 3095  Tournament of Champions Meet. The provisions of this subsection
 3096  shall apply to a maximum of four performances.
 3097         (4) The Jai Alai Tournament of Champions Meet permitholders
 3098  shall also receive a credit against the taxes, otherwise due and
 3099  payable under s. 550.0951 or s. 550.09511, generated during said
 3100  permitholders’ current regular meet. This credit shall be in the
 3101  aggregate amount of $150,000, shall be prorated equally between
 3102  the permitholders, and shall be used utilized by the
 3103  permitholders solely to supplement awards for the performance
 3104  conducted during the Jai Alai Tournament of Champions Meet. All
 3105  awards shall be paid to the tournament’s participating players
 3106  no later than 30 days following the conclusion of said Jai Alai
 3107  Tournament of Champions Meet.
 3108         (5) In addition to the credit authorized in subsection (4),
 3109  the Jai Alai Tournament of Champions Meet permitholders shall
 3110  receive a credit against the taxes, otherwise due and payable
 3111  under s. 550.0951 or s. 550.09511, generated during said
 3112  permitholders’ current regular meet, in an amount not to exceed
 3113  the aggregate amount of $150,000, which shall be prorated
 3114  equally between the permitholders, and shall be used utilized by
 3115  the permitholders for such capital improvements and
 3116  extraordinary expenses, including marketing expenses, as may be
 3117  necessary for the operation of the meet. The determination of
 3118  the amount to be credited shall be made by the department
 3119  division upon application of said permitholders.
 3120         (6) The permitholder is shall be entitled to said
 3121  permitholder’s pro rata share of the $150,000 tax credit
 3122  provided in subsection (5) without having to make application,
 3123  so long as appropriate documentation to substantiate said
 3124  expenditures thereunder is provided to the department division
 3125  within 30 days following said Jai Alai Tournament of Champions
 3126  Meet.
 3127         (7) A No Jai Alai Tournament of Champions Meet may not
 3128  shall exceed 4 days in any state fiscal year, and only no more
 3129  than one performance may shall be conducted on any one day of
 3130  the meet. There shall be Only one Jai Alai Tournament of
 3131  Champions Meet may occur in any state fiscal year.
 3132         (8) The department may division is authorized to adopt such
 3133  rules as are necessary to facilitate the conduct of the Jai Alai
 3134  Tournament of Champions Meet, including as authorized in this
 3135  section. Included within this grant of authority shall be the
 3136  adoption of rules regarding the overall conduct of the
 3137  tournament so as to ensure the integrity of the event, licensing
 3138  for participants, commingling of pari-mutuel pools, and audit
 3139  requirements for tax credits and exemptions.
 3140         (9) The provisions of This section prevails shall prevail
 3141  over any conflicting provisions of this chapter.
 3142         Section 38. Subsections (3) and (5) of section 550.334,
 3143  Florida Statutes, are amended to read:
 3144         550.334 Quarter horse racing; substitutions.—
 3145         (3) Quarter horses participating in such races must be duly
 3146  registered by the American Quarter Horse Association, and before
 3147  each race such horses must be examined and declared in fit
 3148  condition by a qualified person designated by the department
 3149  division.
 3150         (5) Any quarter horse racing permitholder operating under a
 3151  valid permit issued by the department division is authorized to
 3152  substitute races of other breeds of horses which are,
 3153  respectively, registered with the American Paint Horse
 3154  Association, Appaloosa Horse Club, Arabian Horse Registry of
 3155  America, Palomino Horse Breeders of America, United States
 3156  Trotting Association, Florida Cracker Horse Association, or
 3157  Jockey Club for no more than 50 percent of the quarter horse
 3158  races during its meet.
 3159         Section 39. Subsection (2) of section 550.3345, Florida
 3160  Statutes, is amended to read:
 3161         550.3345 Conversion of quarter horse permit to a limited
 3162  thoroughbred permit.—
 3163         (2) Notwithstanding any other provision of law, the holder
 3164  of a quarter horse racing permit issued under s. 550.334 may,
 3165  within 1 year after the effective date of this section, apply to
 3166  the department division for a transfer of the quarter horse
 3167  racing permit to a not-for-profit corporation formed under state
 3168  law to serve the purposes of the state as provided in subsection
 3169  (1). The board of directors of the not-for-profit corporation
 3170  must be comprised of 11 members, 4 of whom shall be designated
 3171  by the applicant, 4 of whom shall be designated by the Florida
 3172  Thoroughbred Breeders’ Association, and 3 of whom shall be
 3173  designated by the other 8 directors, with at least 1 of these 3
 3174  members being an authorized representative of another
 3175  thoroughbred permitholder in this state. The not-for-profit
 3176  corporation shall submit an application to the department
 3177  division for review and approval of the transfer in accordance
 3178  with s. 550.054. Upon approval of the transfer by the department
 3179  division, and notwithstanding any other provision of law to the
 3180  contrary, the not-for-profit corporation may, within 1 year
 3181  after its receipt of the permit, request that the department
 3182  division convert the quarter horse racing permit to a permit
 3183  authorizing the holder to conduct pari-mutuel wagering meets of
 3184  thoroughbred racing. Neither the transfer of the quarter horse
 3185  racing permit nor its conversion to a limited thoroughbred
 3186  permit shall be subject to the mileage limitation or the
 3187  ratification election as set forth under s. 550.054(2) or s.
 3188  550.0651. Upon receipt of the request for such conversion, the
 3189  department division shall timely issue a converted permit. The
 3190  converted permit and the not-for-profit corporation shall be
 3191  subject to the following requirements:
 3192         (a) All net revenues derived by the not-for-profit
 3193  corporation under the thoroughbred horse racing permit, after
 3194  the funding of operating expenses and capital improvements,
 3195  shall be dedicated to the enhancement of thoroughbred purses and
 3196  breeders’, stallion, and special racing awards under this
 3197  chapter; the general promotion of the thoroughbred horse
 3198  breeding industry; and the care in this state of thoroughbred
 3199  horses retired from racing.
 3200         (b) From December 1 through April 30, no live thoroughbred
 3201  racing may be conducted under the permit on any day during which
 3202  another thoroughbred permitholder is conducting live
 3203  thoroughbred racing within 125 air miles of the not-for-profit
 3204  corporation’s pari-mutuel facility unless the other thoroughbred
 3205  permitholder gives its written consent.
 3206         (c) After the conversion of the quarter horse racing permit
 3207  and the issuance of its initial license to conduct pari-mutuel
 3208  wagering meets of thoroughbred racing, the not-for-profit
 3209  corporation shall annually apply to the department division for
 3210  a license pursuant to s. 550.5251(2)-(5).
 3211         (d) Racing under the permit may take place only at the
 3212  location for which the original quarter horse racing permit was
 3213  issued, which may be leased by the not-for-profit corporation
 3214  for that purpose; however, the not-for-profit corporation may,
 3215  without the conduct of any ratification election pursuant to s.
 3216  550.054(13) or s. 550.0651, move the location of the permit to
 3217  another location in the same county provided that such
 3218  relocation is approved under the zoning and land use regulations
 3219  of the applicable county or municipality.
 3220         (e) A No permit converted under this section may not be
 3221  transferred is eligible for transfer to another person or
 3222  entity.
 3223         Section 40. Section 550.3355, Florida Statutes, is amended
 3224  to read:
 3225         550.3355 Harness track licenses for summer quarter horse
 3226  racing.—Any harness track licensed to operate under the
 3227  provisions of s. 550.375 may make application for, and shall be
 3228  issued by the department division, a license to operate not more
 3229  than 50 quarter horse racing days during the summer season,
 3230  which shall extend from July 1 until October 1 of each year.
 3231  However, this license to operate quarter horse racing for 50
 3232  days is in addition to the racing days and dates provided in s.
 3233  550.375 for harness racing during the winter seasons; and, it
 3234  does not affect the right of such licensee to operate harness
 3235  racing at the track as provided in s. 550.375 during the winter
 3236  season. All provisions of this chapter governing quarter horse
 3237  racing not in conflict herewith apply to the operation of
 3238  quarter horse meetings authorized hereunder, except that all
 3239  quarter horse racing permitted hereunder shall be conducted at
 3240  night.
 3241         Section 41. Paragraph (a) of subsection (6) and subsections
 3242  (10) and (13) of section 550.3551, Florida Statutes, are amended
 3243  to read:
 3244         550.3551 Transmission of racing and jai alai information;
 3245  commingling of pari-mutuel pools.—
 3246         (6)(a) A maximum of 20 percent of the total number of races
 3247  on which wagers are accepted by a greyhound permitholder not
 3248  located as specified in s. 550.615(6) may be received from
 3249  locations outside this state. A permitholder may not conduct
 3250  fewer than eight live races or games on any authorized race day
 3251  except as provided in this subsection. A thoroughbred
 3252  permitholder may not conduct fewer than eight live races on any
 3253  race day without the written approval of the Florida
 3254  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 3255  Benevolent and Protective Association, Inc., unless it is
 3256  determined by the department that another entity represents a
 3257  majority of the thoroughbred racehorse owners and trainers in
 3258  the state. A harness permitholder may conduct fewer than eight
 3259  live races on any authorized race day, except that such
 3260  permitholder must conduct a full schedule of live racing during
 3261  its race meet consisting of at least eight live races per
 3262  authorized race day for at least 100 days. Any harness horse
 3263  permitholder that during the preceding racing season conducted a
 3264  full schedule of live racing may, at any time during its current
 3265  race meet, receive full-card broadcasts of harness horse races
 3266  conducted at harness racetracks outside this state at the
 3267  harness track of the permitholder and accept wagers on such
 3268  harness races. With specific authorization from the department
 3269  division for special racing events, a permitholder may conduct
 3270  fewer than eight live races or games when the permitholder also
 3271  broadcasts out-of-state races or games. The department division
 3272  may not grant more than two such exceptions a year for a
 3273  permitholder in any 12-month period, and those two exceptions
 3274  may not be consecutive.
 3275         (10) The department division may adopt rules necessary to
 3276  facilitate commingling of pari-mutuel pools, to ensure the
 3277  proper calculation of payoffs in circumstances in which
 3278  different commission percentages are applicable and to regulate
 3279  the distribution of net proceeds between the horse track and, in
 3280  this state, the horsemen’s associations.
 3281         (13) This section does not prohibit the commingling of
 3282  national pari-mutuel pools by a totalisator company that is
 3283  licensed under this chapter. Such commingling of national pools
 3284  is subject to department division review and approval and must
 3285  be performed pursuant to in accordance with rules adopted by the
 3286  department division to ensure accurate calculation and
 3287  distribution of the pools.
 3288         Section 42. Subsections (3), (4), and (5) of section
 3289  550.3615, Florida Statutes, are amended to read:
 3290         550.3615 Bookmaking on the grounds of a permitholder;
 3291  penalties; reinstatement; duties of track employees; penalty;
 3292  exceptions.—
 3293         (3) Any person who has been convicted of bookmaking in this
 3294  state or any other state of the United States or any foreign
 3295  country shall be denied admittance to and may shall not attend
 3296  any racetrack or fronton in this state during its racing seasons
 3297  or operating dates, including any practice or preparational
 3298  days, for a period of 2 years after the date of conviction or
 3299  the date of final appeal. Following the conclusion of the period
 3300  of ineligibility, the department director of the division may
 3301  authorize the reinstatement of an individual following a hearing
 3302  on readmittance. Any such person who knowingly violates this
 3303  subsection commits is guilty of a misdemeanor of the first
 3304  degree, punishable as provided in s. 775.082 or s. 775.083.
 3305         (4) If the activities of a person show that this law is
 3306  being violated, and such activities are either witnessed or are
 3307  common knowledge by any track or fronton employee, it is the
 3308  duty of that employee to bring the matter to the immediate
 3309  attention of the permitholder, manager, or her or his designee,
 3310  who shall notify a law enforcement agency having jurisdiction.
 3311  Willful failure on the part of any track or fronton employee to
 3312  comply with the provisions of this subsection is a ground for
 3313  the department division to suspend or revoke that employee’s
 3314  license for track or fronton employment.
 3315         (5) Each permittee shall display, in conspicuous places at
 3316  a track or fronton and in all race and jai alai daily programs,
 3317  a warning to all patrons concerning the prohibition and
 3318  penalties of bookmaking contained in this section and s. 849.25.
 3319  The department division shall adopt rules concerning the uniform
 3320  size of all warnings and the number of placements throughout a
 3321  track or fronton. Failure on the part of the permittee to
 3322  display such warnings may result in the imposition of a $500
 3323  fine by the department division for each offense.
 3324         Section 43. Subsections (2) and (3) of section 550.375,
 3325  Florida Statutes, are amended to read:
 3326         550.375 Operation of certain harness tracks.—
 3327         (2) Any permittee or licensee authorized under this section
 3328  to transfer the location of its permit may conduct harness
 3329  racing only between the hours of 7 p.m. and 2 a.m. A permit so
 3330  transferred applies only to the locations provided in this
 3331  section. The provisions of this chapter which prohibit the
 3332  location and operation of a licensed harness track permittee and
 3333  licensee within 100 air miles of the location of a racetrack
 3334  authorized to conduct racing under this chapter and which
 3335  prohibit the department division from granting any permit to a
 3336  harness track at a location in the area in which there are three
 3337  horse tracks located within 100 air miles thereof do not apply
 3338  to a licensed harness track that is required by the terms of
 3339  this section to race between the hours of 7 p.m. and 2 a.m.
 3340         (3) A permit may not be issued by the department division
 3341  for the operation of a harness track within 75 air miles of a
 3342  location of a harness track licensed and operating under this
 3343  chapter.
 3344         Section 44. Section 550.495, Florida Statutes, is amended
 3345  to read:
 3346         550.495 Totalisator licensing.—
 3347         (1) A totalisator may not be operated at a pari-mutuel
 3348  facility in this state, or at a facility located in or out of
 3349  this state which is used as the primary totalisator for a race
 3350  or game conducted in this state, unless the totalisator company
 3351  possesses a business license issued by the department division.
 3352         (2)(a) Each totalisator company must apply to the
 3353  department division for an annual business license. The
 3354  application must include such information as the department
 3355  division by rule requires.
 3356         (b) As a part of its license application, each totalisator
 3357  company must agree in writing to pay to the department division
 3358  an amount equal to the loss of any state revenues from missed or
 3359  canceled races, games, or performances due to acts of the
 3360  totalisator company or its agents or employees or failures of
 3361  the totalisator system, except for circumstances beyond the
 3362  control of the totalisator company or agent or employee, as
 3363  determined by the department division.
 3364         (c) Each totalisator company must file with the department
 3365  division a performance bond, acceptable to the department
 3366  division, in the sum of $250,000 issued by a surety approved by
 3367  the department division or must file proof of insurance,
 3368  acceptable to the department division, against financial loss in
 3369  the amount of $250,000, insuring the state against such a
 3370  revenue loss.
 3371         (d) In the event of a loss of state tax revenues, the
 3372  department division shall determine:
 3373         1. The estimated revenue lost as a result of missed or
 3374  canceled races, games, or performances;
 3375         2. The number of races, games, or performances which is
 3376  practicable for the permitholder to conduct in an attempt to
 3377  mitigate the revenue loss; and
 3378         3. The amount of the revenue loss which the makeup races,
 3379  games, or performances will not recover and for which the
 3380  totalisator company is liable.
 3381         (e) Upon the making of such determinations, the department
 3382  division shall issue to the totalisator company and to the
 3383  affected permitholder an order setting forth the determinations
 3384  of the department division.
 3385         (f) If the order is contested by either the totalisator
 3386  company or any affected permitholder, the provisions of chapter
 3387  120 applies apply. If the totalisator company contests the order
 3388  on the grounds that the revenue loss was due to circumstances
 3389  beyond its control, the totalisator company has the burden of
 3390  proving that circumstances vary in fact beyond its control. For
 3391  purposes of this paragraph, strikes and acts of God are beyond
 3392  the control of the totalisator company.
 3393         (g) Upon the failure of the totalisator company to make the
 3394  payment found to be due the state, the department division may
 3395  cause the forfeiture of the bond or may proceed against the
 3396  insurance contract, and the proceeds of the bond or contract
 3397  shall be deposited into the Pari-mutuel Wagering Trust Fund. If
 3398  that bond was not posted or insurance obtained, the department
 3399  division may proceed against any assets of the totalisator
 3400  company to collect the amounts due under this subsection.
 3401         (3) If the applicant meets the requirements of this section
 3402  and department division rules and pays the license fee, the
 3403  department division shall issue the license.
 3404         (4) Each totalisator company shall conduct operations in
 3405  accordance with rules adopted by the department division, in
 3406  such form, content, and frequency as the department division by
 3407  rule determines.
 3408         (5) The department division and its representatives may
 3409  enter and inspect any area of the premises of a licensed
 3410  totalisator company, and may examine totalisator records, during
 3411  the licensee’s regular business or operating hours.
 3412         Section 45. Section 550.505, Florida Statutes, is amended
 3413  to read:
 3414         550.505 Nonwagering permits.—
 3415         (1)(a) Except as provided in this section, permits and
 3416  licenses issued by the department division are intended to be
 3417  used for pari-mutuel wagering operations in conjunction with
 3418  horseraces, dograces, or jai alai performances.
 3419         (b) Subject to the requirements of this section, the
 3420  department may division is authorized to issue permits for the
 3421  conduct of horseracing meets without pari-mutuel wagering or any
 3422  other form of wagering being conducted in conjunction therewith.
 3423  Such permits shall be known as nonwagering permits and may be
 3424  issued only for horseracing meets. A horseracing permitholder
 3425  need not obtain an additional permit from the department
 3426  division for conducting nonwagering racing under this section,
 3427  but must apply to the department division for the issuance of a
 3428  license under this section. The holder of a nonwagering permit
 3429  is prohibited from conducting pari-mutuel wagering or any other
 3430  form of wagering in conjunction with racing conducted under the
 3431  permit. Nothing in This subsection does not prohibit prohibits
 3432  horseracing for any stake, purse, prize, or premium.
 3433         (c) The holder of a nonwagering permit is exempt from the
 3434  provisions of s. 550.105 and is exempt from the imposition of
 3435  daily license fees and admission tax.
 3436         (2)(a) Any person not prohibited from holding any type of
 3437  pari-mutuel permit under s. 550.1815 may shall be allowed to
 3438  apply to the department division for a nonwagering permit. The
 3439  applicant must demonstrate that the location or locations where
 3440  the nonwagering permit will be used are available for such use
 3441  and that the applicant has the financial ability to satisfy the
 3442  reasonably anticipated operational expenses of the first racing
 3443  year following final issuance of the nonwagering permit. If the
 3444  racing facility is already built, the application must contain a
 3445  statement, with reasonable supporting evidence, that the
 3446  nonwagering permit will be used for horseracing within 1 year
 3447  after the date on which it is granted. If the facility is not
 3448  already built, the application must contain a statement, with
 3449  reasonable supporting evidence, that substantial construction
 3450  will be started within 1 year after the issuance of the
 3451  nonwagering permit.
 3452         (b) The department division may conduct an eligibility
 3453  investigation to determine if the applicant meets the
 3454  requirements of paragraph (a).
 3455         (3)(a) Upon receipt of a nonwagering permit, the
 3456  permitholder must apply to the department division before June 1
 3457  of each year for an annual nonwagering license for the next
 3458  succeeding calendar year. Such application must set forth the
 3459  days and locations at which the permitholder will conduct
 3460  nonwagering horseracing and must indicate any changes in
 3461  ownership or management of the permitholder occurring since the
 3462  date of application for the prior license.
 3463         (b) On or before August 1 of each year, the department
 3464  division shall issue a license authorizing the nonwagering
 3465  permitholder to conduct nonwagering horseracing during the
 3466  succeeding calendar year during the period and for the number of
 3467  days set forth in the application, subject to all other
 3468  provisions of this section.
 3469         (c) The department division may conduct an eligibility
 3470  investigation to determine the qualifications of any new
 3471  ownership or management interest in the permit.
 3472         (4) Upon the approval of racing dates by the department
 3473  division, the department division shall issue an annual
 3474  nonwagering license to the nonwagering permitholder.
 3475         (5) Only horses registered with an established breed
 3476  registration organization, which organization shall be approved
 3477  by the department division, shall be raced at any race meeting
 3478  authorized by this section.
 3479         (6) The department division may order any person
 3480  participating in a nonwagering meet to cease and desist from
 3481  participating in such meet if the department division determines
 3482  the person to be not of good moral character in accordance with
 3483  s. 550.1815. The department division may order the operators of
 3484  a nonwagering meet to cease and desist from operating the meet
 3485  if the department division determines the meet is being operated
 3486  for any illegal purpose.
 3487         Section 46. Subsection (1) of section 550.5251, Florida
 3488  Statutes, is amended to read:
 3489         550.5251 Florida thoroughbred racing; certain permits;
 3490  operating days.—
 3491         (1) Each thoroughbred permitholder shall annually, during
 3492  the period commencing December 15 of each year and ending
 3493  January 4 of the following year, file in writing with the
 3494  department division its application to conduct one or more
 3495  thoroughbred racing meetings during the thoroughbred racing
 3496  season commencing on the following July 1. Each application
 3497  shall specify the number and dates of all performances that the
 3498  permitholder intends to conduct during that thoroughbred racing
 3499  season. On or before March 15 of each year, the department
 3500  division shall issue a license authorizing each permitholder to
 3501  conduct performances on the dates specified in its application.
 3502  Up to February 28 of each year, each permitholder may request
 3503  and shall be granted changes in its authorized performances; but
 3504  thereafter, as a condition precedent to the validity of its
 3505  license and its right to retain its permit, each permitholder
 3506  must operate the full number of days authorized on each of the
 3507  dates set forth in its license.
 3508         Section 47. Subsection (3) of section 550.625, Florida
 3509  Statutes, is amended to read:
 3510         550.625 Intertrack wagering; purses; breeders’ awards.—If a
 3511  host track is a horse track:
 3512         (3) The payment to a breeders’ organization shall be
 3513  combined with any other amounts received by the respective
 3514  breeders’ and owners’ associations as so designated. Each
 3515  breeders’ and owners’ association receiving these funds shall be
 3516  allowed to withhold the same percentage as set forth in s.
 3517  550.2625 to be used for administering the payment of awards and
 3518  for the general promotion of their respective industries. If the
 3519  total combined amount received for thoroughbred breeders’ awards
 3520  exceeds 15 percent of the purse required to be paid under
 3521  subsection (1), the breeders’ and owners’ association, as so
 3522  designated, notwithstanding any other provision of law, shall
 3523  submit a plan to the department division for approval which
 3524  would use the excess funds in promoting the breeding industry by
 3525  increasing the purse structure for Florida-breds. Preference
 3526  shall be given to the track generating such excess.
 3527         Section 48. Subsection (5) and paragraph (g) of subsection
 3528  (9) of section 550.6305, Florida Statutes, are amended to read:
 3529         550.6305 Intertrack wagering; guest track payments;
 3530  accounting rules.—
 3531         (5) The department division shall adopt rules providing an
 3532  expedient accounting procedure for the transfer of the pari
 3533  mutuel pool in order to properly account for payment of state
 3534  taxes, payment to the guest track, payment to the host track,
 3535  payment of purses, payment to breeders’ associations, payment to
 3536  horsemen’s associations, and payment to the public.
 3537         (9) A host track that has contracted with an out-of-state
 3538  horse track to broadcast live races conducted at such out-of
 3539  state horse track pursuant to s. 550.3551(5) may broadcast such
 3540  out-of-state races to any guest track and accept wagers thereon
 3541  in the same manner as is provided in s. 550.3551.
 3542         (g)1. Any thoroughbred permitholder which accepts wagers on
 3543  a simulcast signal must make the signal available to any
 3544  permitholder that is eligible to conduct intertrack wagering
 3545  under the provisions of ss. 550.615-550.6345.
 3546         2. Any thoroughbred permitholder which accepts wagers on a
 3547  simulcast signal received after 6 p.m. must make such signal
 3548  available to any permitholder that is eligible to conduct
 3549  intertrack wagering under the provisions of ss. 550.615
 3550  550.6345, including any permitholder located as specified in s.
 3551  550.615(6). Such guest permitholders are authorized to accept
 3552  wagers on such simulcast signal, notwithstanding any other
 3553  provision of this chapter to the contrary.
 3554         3. Any thoroughbred permitholder which accepts wagers on a
 3555  simulcast signal received after 6 p.m. must make such signal
 3556  available to any permitholder that is eligible to conduct
 3557  intertrack wagering under the provisions of ss. 550.615
 3558  550.6345, including any permitholder located as specified in s.
 3559  550.615(9). Such guest permitholders are authorized to accept
 3560  wagers on such simulcast signals for a number of performances
 3561  not to exceed that which constitutes a full schedule of live
 3562  races for a quarter horse permitholder pursuant to s.
 3563  550.002(10)(11), notwithstanding any other provision of this
 3564  chapter to the contrary, except that the restrictions provided
 3565  in s. 550.615(9)(a) apply to wagers on such simulcast signals.
 3566  
 3567         No thoroughbred permitholder shall be required to continue
 3568  to rebroadcast a simulcast signal to any in-state permitholder
 3569  if the average per performance gross receipts returned to the
 3570  host permitholder over the preceding 30-day period were less
 3571  than $100. Subject to the provisions of s. 550.615(4), as a
 3572  condition of receiving rebroadcasts of thoroughbred simulcast
 3573  signals under this paragraph, a guest permitholder must accept
 3574  intertrack wagers on all live races conducted by all then
 3575  operating thoroughbred permitholders.
 3576         Section 49. Subsections (1) and (2) of section 550.6308,
 3577  Florida Statutes, are amended to read:
 3578         550.6308 Limited intertrack wagering license.—In
 3579  recognition of the economic importance of the thoroughbred
 3580  breeding industry to this state, its positive impact on tourism,
 3581  and of the importance of a permanent thoroughbred sales facility
 3582  as a key focal point for the activities of the industry, a
 3583  limited license to conduct intertrack wagering is established to
 3584  ensure the continued viability and public interest in
 3585  thoroughbred breeding in Florida.
 3586         (1) Upon application to the department division on or
 3587  before January 31 of each year, any person that is licensed to
 3588  conduct public sales of thoroughbred horses pursuant to s.
 3589  535.01, that has conducted at least 15 days of thoroughbred
 3590  horse sales at a permanent sales facility in this state for at
 3591  least 3 consecutive years, and that has conducted at least 1 day
 3592  of nonwagering thoroughbred racing in this state, with a purse
 3593  structure of at least $250,000 per year for 2 consecutive years
 3594  before such application, shall be issued a license, subject to
 3595  the conditions set forth in this section, to conduct intertrack
 3596  wagering at such a permanent sales facility during the following
 3597  periods:
 3598         (a) Up to 21 days in connection with thoroughbred sales;
 3599         (b) Between November 1 and May 8;
 3600         (c) Between May 9 and October 31 at such times and on such
 3601  days as any thoroughbred, jai alai, or a greyhound permitholder
 3602  in the same county is not conducting live performances; provided
 3603  that any such permitholder may waive this requirement, in whole
 3604  or in part, and allow the licensee under this section to conduct
 3605  intertrack wagering during one or more of the permitholder’s
 3606  live performances; and
 3607         (d) During the weekend of the Kentucky Derby, the
 3608  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 3609  conducted before November 1 and after May 8.
 3610  
 3611         No more than one such license may be issued, and no such
 3612  license may be issued for a facility located within 50 miles of
 3613  any thoroughbred permitholder’s track.
 3614         (2) If more than one application is submitted for such
 3615  license, the department division shall determine which applicant
 3616  shall be granted the license. In making its determination, the
 3617  department division shall grant the license to the applicant
 3618  demonstrating superior capabilities, as measured by the length
 3619  of time the applicant has been conducting thoroughbred sales
 3620  within this state or elsewhere, the applicant’s total volume of
 3621  thoroughbred horse sales, within this state or elsewhere, the
 3622  length of time the applicant has maintained a permanent
 3623  thoroughbred sales facility in this state, and the quality of
 3624  the facility.
 3625         Section 50. Subsection (2) of section 550.70, Florida
 3626  Statutes, is amended to read:
 3627         550.70 Jai alai general provisions; chief court judges
 3628  required; extension of time to construct fronton; amateur jai
 3629  alai contests permitted under certain conditions; playing days’
 3630  limitations; locking of pari-mutuel machines.—
 3631         (2) The time within which the holder of a ratified permit
 3632  for jai alai or pelota has to construct and complete a fronton
 3633  may be extended by the department division for a period of 24
 3634  months after the date of the issuance of the permit, anything to
 3635  the contrary in any statute notwithstanding.
 3636         Section 51. Subsection (3) of section 550.902, Florida
 3637  Statutes, is amended to read:
 3638         550.902 Purposes.—The purposes of this compact are to:
 3639         (3) Authorize the Department of Gaming Control Business and
 3640  Professional Regulation to participate in this compact.
 3641         Section 52. Subsection (1) of section 550.907, Florida
 3642  Statutes, is amended to read:
 3643         550.907 Compact committee.—
 3644         (1) There is created an interstate governmental entity to
 3645  be known as the “compact committee,” which shall be composed of
 3646  one official from the racing commission, or the equivalent
 3647  thereof, in each party state who shall be appointed, serve, and
 3648  be subject to removal in accordance with the laws of the party
 3649  state that she or he represents. The official from Florida shall
 3650  be appointed by the Gaming Commission Secretary of Business and
 3651  Professional Regulation. Pursuant to the laws of her or his
 3652  party state, each official shall have the assistance of her or
 3653  his state’s racing commission, or the equivalent thereof, in
 3654  considering issues related to licensing of participants in pari
 3655  mutuel wagering and in fulfilling her or his responsibilities as
 3656  the representative from her or his state to the compact
 3657  committee.
 3658         Section 53. Subsections (1), (3), (10), and (11) of section
 3659  551.102, Florida Statutes, are amended, present subsection (1)
 3660  of that section is renumbered as subsection (3), and a new
 3661  subsection (1) is added to that section, to read:
 3662         551.102 Definitions.—As used in this chapter, the term:
 3663         (1) “Department” means the Department of Gaming Control.
 3664         (3)(1) “Distributor” means any person who sells, leases, or
 3665  offers or otherwise provides, distributes, or services any slot
 3666  machine or associated equipment for use or play of slot machines
 3667  in this state. A manufacturer may be a distributor within the
 3668  state.
 3669         (3) “Division” means the Division of Pari-mutuel Wagering
 3670  of the Department of Business and Professional Regulation.
 3671         (10) “Slot machine license” means a license issued by the
 3672  department division authorizing a pari-mutuel permitholder to
 3673  place and operate slot machines as provided by s. 23, Art. X of
 3674  the State Constitution, the provisions of this chapter, and
 3675  department division rules.
 3676         (11) “Slot machine licensee” means a pari-mutuel
 3677  permitholder who holds a license issued by the department
 3678  division pursuant to this chapter which that authorizes such
 3679  person to possess a slot machine within facilities specified in
 3680  s. 23, Art. X of the State Constitution and allows slot machine
 3681  gaming.
 3682         Section 54. Section 551.103, Florida Statutes, is amended
 3683  to read:
 3684         551.103 Powers and duties of the department division and
 3685  law enforcement.—
 3686         (1) The department division shall adopt, pursuant to the
 3687  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 3688  implement, administer, and regulate slot machine gaming as
 3689  authorized in this chapter. Such rules must include:
 3690         (a) Procedures for applying for a slot machine license and
 3691  renewal of a slot machine license.
 3692         (b) Technical requirements and the qualifications contained
 3693  in this chapter which that are necessary to receive a slot
 3694  machine license or slot machine occupational license.
 3695         (c) Procedures to scientifically test and technically
 3696  evaluate slot machines for compliance with this chapter. The
 3697  department division may contract with an independent testing
 3698  laboratory to conduct any necessary testing under this section.
 3699  The independent testing laboratory must have a national
 3700  reputation and be which is demonstrably competent and qualified
 3701  to scientifically test and evaluate slot machines for compliance
 3702  with this chapter and to otherwise perform the functions
 3703  assigned to it in this chapter. An independent testing
 3704  laboratory may shall not be owned or controlled by a licensee.
 3705  The use of an independent testing laboratory for any purpose
 3706  related to the conduct of slot machine gaming by a licensee
 3707  under this chapter must shall be made from a list of one or more
 3708  laboratories approved by the department division.
 3709         (d) Procedures relating to slot machine revenues, including
 3710  verifying and accounting for such revenues, auditing, and
 3711  collecting taxes and fees consistent with this chapter.
 3712         (e) Procedures for regulating, managing, and auditing the
 3713  operation, financial data, and program information relating to
 3714  slot machine gaming which that allow the department division and
 3715  the Department of Law Enforcement to audit the operation,
 3716  financial data, and program information of a slot machine
 3717  licensee, as required by the department division or the
 3718  Department of Law Enforcement, and provide the department
 3719  division and the Department of Law Enforcement with the ability
 3720  to monitor, at any time on a real-time basis, wagering patterns,
 3721  payouts, tax collection, and compliance with any rules adopted
 3722  by the department division for the regulation and control of
 3723  slot machines operated under this chapter. Such continuous and
 3724  complete access, at any time on a real-time basis, shall include
 3725  the ability of either the department division or the Department
 3726  of Law Enforcement to suspend play immediately on particular
 3727  slot machines if monitoring of the facilities-based computer
 3728  system indicates possible tampering or manipulation of those
 3729  slot machines or the ability to suspend play immediately of the
 3730  entire operation if the tampering or manipulation is of the
 3731  computer system itself. The department division shall notify the
 3732  Department of Law Enforcement or the Department of Law
 3733  Enforcement shall notify the division, as appropriate, whenever
 3734  there is a suspension of play under this paragraph. The
 3735  department division and the Department of Law Enforcement shall
 3736  exchange such information necessary for and cooperate in the
 3737  investigation of the circumstances requiring suspension of play
 3738  under this paragraph.
 3739         (f) Procedures for requiring each licensee at his or her
 3740  own cost and expense to supply the department division with a
 3741  bond having the penal sum of $2 million payable to the Governor
 3742  and his or her successors in office for each year of the
 3743  licensee’s slot machine operations. Any bond shall be issued by
 3744  a surety or sureties approved by the department division and the
 3745  Chief Financial Officer, conditioned to faithfully make the
 3746  payments to the Chief Financial Officer in his or her capacity
 3747  as treasurer of the department division. The licensee shall be
 3748  required to keep its books and records and make reports as
 3749  provided in this chapter and to conduct its slot machine
 3750  operations in conformity with this chapter and all other
 3751  provisions of law. Such bond shall be separate and distinct from
 3752  the bond required in s. 550.125.
 3753         (g) Procedures for requiring licensees to maintain
 3754  specified records and submit any data, information, record, or
 3755  report, including financial and income records, required by this
 3756  chapter or determined by the department division to be necessary
 3757  to the proper implementation and enforcement of this chapter.
 3758         (h) A requirement that the payout percentage of a slot
 3759  machine be no less than 85 percent.
 3760         (i) Minimum standards for security of the facilities,
 3761  including floor plans, security cameras, and other security
 3762  equipment.
 3763         (j) Procedures for requiring slot machine licensees to
 3764  implement and establish drug-testing programs for all slot
 3765  machine occupational licensees.
 3766         (2) The department division shall conduct such
 3767  investigations necessary to fulfill its responsibilities under
 3768  the provisions of this chapter.
 3769         (3) The Department of Law Enforcement and local law
 3770  enforcement agencies shall have concurrent jurisdiction to
 3771  investigate criminal violations of this chapter and may
 3772  investigate any other criminal violation of law occurring at the
 3773  facilities of a slot machine licensee, and such investigations
 3774  may be conducted in conjunction with the appropriate state
 3775  attorney.
 3776         (4)(a) The department division, the Department of Law
 3777  Enforcement, and local law enforcement agencies shall have
 3778  unrestricted access to the slot machine licensee’s facility at
 3779  all times and shall require of each slot machine licensee strict
 3780  compliance with the laws of this state relating to the
 3781  transaction of such business. The department division, the
 3782  Department of Law Enforcement, and local law enforcement
 3783  agencies may:
 3784         1. Inspect and examine premises where slot machines are
 3785  offered for play.
 3786         2. Inspect slot machines and related equipment and
 3787  supplies.
 3788         (b) In addition, the department division may:
 3789         1. Collect taxes, assessments, fees, and penalties.
 3790         2. Deny, revoke, suspend, or place conditions on the
 3791  license of a person who violates any provision of this chapter
 3792  or rule adopted pursuant thereto.
 3793         (5) The department division shall revoke or suspend the
 3794  license of any person who is no longer qualified or who is
 3795  found, after receiving a license, to have been unqualified at
 3796  the time of application for the license.
 3797         (6) This section does not:
 3798         (a) Prohibit the Department of Law Enforcement or any law
 3799  enforcement authority whose jurisdiction includes a licensed
 3800  facility from conducting investigations of criminal activities
 3801  occurring at the facility of the slot machine licensee;
 3802         (b) Restrict access to the slot machine licensee’s facility
 3803  by the Department of Law Enforcement or any local law
 3804  enforcement authority whose jurisdiction includes the slot
 3805  machine licensee’s facility; or
 3806         (c) Restrict access by the Department of Law Enforcement or
 3807  local law enforcement authorities to information and records
 3808  necessary to the investigation of criminal activity which that
 3809  are contained within the slot machine licensee’s facility.
 3810         Section 55. Section 551.104, Florida Statutes, is amended
 3811  to read:
 3812         551.104 License to conduct slot machine gaming.—
 3813         (1) Upon application and a finding by the department
 3814  division after investigation that the application is complete
 3815  and the applicant is qualified and payment of the initial
 3816  license fee, the department division may issue a license to
 3817  conduct slot machine gaming in the designated slot machine
 3818  gaming area of the eligible facility. Once licensed, slot
 3819  machine gaming may be conducted subject to the requirements of
 3820  this chapter and rules adopted pursuant thereto.
 3821         (2) An application may be approved by the department
 3822  division only after the voters of the county where the
 3823  applicant’s facility is located have authorized by referendum
 3824  slot machines within pari-mutuel facilities in that county as
 3825  specified in s. 23, Art. X of the State Constitution.
 3826         (3) A slot machine license may be issued only to a licensed
 3827  pari-mutuel permitholder, and slot machine gaming may be
 3828  conducted only at the eligible facility at which the
 3829  permitholder is authorized under its valid pari-mutuel wagering
 3830  permit to conduct pari-mutuel wagering activities.
 3831         (4) As a condition of licensure and to maintain continued
 3832  authority for the conduct of slot machine gaming, the slot
 3833  machine licensee shall:
 3834         (a) Continue to be in compliance with this chapter.
 3835         (b) Continue to be in compliance with chapter 550, where
 3836  applicable, and maintain the pari-mutuel permit and license in
 3837  good standing pursuant to the provisions of chapter 550.
 3838  Notwithstanding any contrary provision of law and in order to
 3839  expedite the operation of slot machines at eligible facilities,
 3840  any eligible facility shall be entitled within 60 days after the
 3841  effective date of this act to amend its 2006-2007 pari-mutuel
 3842  wagering operating license issued by the division under ss.
 3843  550.0115 and 550.01215. The division shall issue a new license
 3844  to the eligible facility to effectuate any approved change.
 3845         (c) Conduct no fewer than a full schedule of live racing or
 3846  games as defined in s. 550.002(10)(11). A permitholder’s
 3847  responsibility to conduct such number of live races or games
 3848  shall be reduced by the number of races or games that could not
 3849  be conducted due to the direct result of fire, war, hurricane,
 3850  or other disaster or event beyond the control of the
 3851  permitholder.
 3852         (d) Upon approval of any changes relating to the pari
 3853  mutuel permit by the department division, be responsible for
 3854  providing appropriate current and accurate documentation on a
 3855  timely basis to the department division in order to continue the
 3856  slot machine license in good standing. Changes in ownership or
 3857  interest of a slot machine license of 5 percent or more of the
 3858  stock or other evidence of ownership or equity in the slot
 3859  machine license or any parent corporation or other business
 3860  entity that in any way owns or controls the slot machine license
 3861  shall be approved by the department division prior to such
 3862  change, unless the owner is an existing holder of that license
 3863  who was previously approved by the department division. Changes
 3864  in ownership or interest of a slot machine license of less than
 3865  5 percent, unless such change results in a cumulative total of 5
 3866  percent or more, shall be reported to the department division
 3867  within 20 days after the change. The department division may
 3868  then conduct an investigation to ensure that the license is
 3869  properly updated to show the change in ownership or interest. No
 3870  reporting is required if the person is holding 5 percent or less
 3871  equity or securities of a corporate owner of the slot machine
 3872  licensee that has its securities registered pursuant to s. 12 of
 3873  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
 3874  if such corporation or entity files with the United States
 3875  Securities and Exchange Commission the reports required by s. 13
 3876  of that act or if the securities of the corporation or entity
 3877  are regularly traded on an established securities market in the
 3878  United States. A change in ownership or interest of less than 5
 3879  percent which results in a cumulative ownership or interest of 5
 3880  percent or more must shall be approved by the department before
 3881  division prior to such change unless the owner is an existing
 3882  holder of the license who was previously approved by the
 3883  department division.
 3884         (e) Allow the department division and the Department of Law
 3885  Enforcement unrestricted access to and right of inspection of
 3886  facilities of a slot machine licensee in which any activity
 3887  relative to the conduct of slot machine gaming is conducted.
 3888         (f) Ensure that the facilities-based computer system that
 3889  the licensee will use for operational and accounting functions
 3890  of the slot machine facility is specifically structured to
 3891  facilitate regulatory oversight. The facilities-based computer
 3892  system shall be designed to provide the department division and
 3893  the Department of Law Enforcement with the ability to monitor,
 3894  at any time on a real-time basis, the wagering patterns,
 3895  payouts, tax collection, and such other operations as necessary
 3896  to determine whether the facility is in compliance with
 3897  statutory provisions and rules adopted by the department
 3898  division for the regulation and control of slot machine gaming.
 3899  The department division and the Department of Law Enforcement
 3900  shall have complete and continuous access to this system. Such
 3901  access shall include the ability of either the department
 3902  division or the Department of Law Enforcement to suspend play
 3903  immediately on particular slot machines if monitoring of the
 3904  system indicates possible tampering or manipulation of those
 3905  slot machines or the ability to suspend play immediately of the
 3906  entire operation if the tampering or manipulation is of the
 3907  computer system itself. The computer system shall be reviewed
 3908  and approved by the department division to ensure necessary
 3909  access, security, and functionality. The department division may
 3910  adopt rules to provide for the approval process.
 3911         (g) Ensure that each slot machine is protected from
 3912  manipulation or tampering to affect the random probabilities of
 3913  winning plays. The department division or the Department of Law
 3914  Enforcement may shall have the authority to suspend play upon
 3915  reasonable suspicion of any manipulation or tampering. When play
 3916  has been suspended on any slot machine, the department division
 3917  or the Department of Law Enforcement may examine any slot
 3918  machine to determine whether the machine has been tampered with
 3919  or manipulated and whether the machine should be returned to
 3920  operation.
 3921         (h) Submit a security plan, including the facilities’ floor
 3922  plan, the locations of security cameras, and a listing of all
 3923  security equipment that is capable of observing and
 3924  electronically recording activities being conducted in the
 3925  facilities of the slot machine licensee. The security plan must
 3926  meet the minimum security requirements as determined by the
 3927  department division under s. 551.103(1)(i) and be implemented
 3928  prior to operation of slot machine gaming. The slot machine
 3929  licensee’s facilities must adhere to the security plan at all
 3930  times. Any changes to the security plan must be submitted by the
 3931  licensee to the department before division prior to
 3932  implementation. The department division shall furnish copies of
 3933  the security plan and changes in the plan to the Department of
 3934  Law Enforcement.
 3935         (i) Create and file with the department division a written
 3936  policy for:
 3937         1. Creating opportunities to purchase from vendors in this
 3938  state, including minority vendors.
 3939         2. Creating opportunities for employment of residents of
 3940  this state, including minority residents.
 3941         3. Ensuring opportunities for construction services from
 3942  minority contractors.
 3943         4. Ensuring that opportunities for employment are offered
 3944  on an equal, nondiscriminatory basis.
 3945         5. Training for employees on responsible gaming and working
 3946  with a compulsive or addictive gambling prevention program to
 3947  further its purposes as provided for in s. 551.118.
 3948         6. The implementation of a drug-testing program that
 3949  includes, but is not limited to, requiring each employee to sign
 3950  an agreement that he or she understands that the slot machine
 3951  facility is a drug-free workplace.
 3952  
 3953         The slot machine licensee shall use the Internet-based job
 3954  listing system of the Agency for Workforce Innovation in
 3955  advertising employment opportunities. Beginning in June 2007,
 3956  Each slot machine licensee shall provide an annual report to the
 3957  department division containing information indicating compliance
 3958  with this paragraph in regard to minority persons.
 3959         (j) Ensure that the payout percentage of a slot machine
 3960  gaming facility is at least 85 percent.
 3961         (5) A slot machine license is not transferable.
 3962         (6) A slot machine licensee shall keep and maintain
 3963  permanent daily records of its slot machine operation and shall
 3964  maintain such records for a period of not less than 5 years.
 3965  These records must include all financial transactions and
 3966  contain sufficient detail to determine compliance with the
 3967  requirements of this chapter. All records shall be available for
 3968  audit and inspection by the department division, the Department
 3969  of Law Enforcement, or other law enforcement agencies during the
 3970  licensee’s regular business hours.
 3971         (7) A slot machine licensee shall file with the department
 3972  division a monthly report containing the required records of
 3973  such slot machine operation. The required reports shall be
 3974  submitted on forms prescribed by the department division and
 3975  shall be due at the same time as the monthly pari-mutuel reports
 3976  are due to the department division, and the reports shall be
 3977  deemed public records once filed.
 3978         (8) A slot machine licensee shall file with the department
 3979  division an audit of the receipt and distribution of all slot
 3980  machine revenues provided by an independent certified public
 3981  accountant verifying compliance with all financial and auditing
 3982  provisions of this chapter and the associated rules adopted
 3983  under this chapter. The audit must include verification of
 3984  compliance with all statutes and rules regarding all required
 3985  records of slot machine operations. Such audit shall be filed
 3986  within 60 days after the completion of the permitholder’s pari
 3987  mutuel meet.
 3988         (9) The department division may share any information with
 3989  the Department of Law Enforcement, any other law enforcement
 3990  agency having jurisdiction over slot machine gaming or pari
 3991  mutuel activities, or any other state or federal law enforcement
 3992  agency the department division or the Department of Law
 3993  Enforcement deems appropriate. Any law enforcement agency having
 3994  jurisdiction over slot machine gaming or pari-mutuel activities
 3995  may share any information obtained or developed by it with the
 3996  department division.
 3997         (10)(a)1. No slot machine license or renewal thereof shall
 3998  be issued to an applicant holding a permit under chapter 550 to
 3999  conduct pari-mutuel wagering meets of thoroughbred racing unless
 4000  the applicant has on file with the department division a binding
 4001  written agreement between the applicant and the Florida
 4002  Horsemen’s Benevolent and Protective Association, Inc.,
 4003  governing the payment of purses on live thoroughbred races
 4004  conducted at the licensee’s pari-mutuel facility. In addition,
 4005  no slot machine license or renewal thereof shall be issued to
 4006  such an applicant unless the applicant has on file with the
 4007  department division a binding written agreement between the
 4008  applicant and the Florida Thoroughbred Breeders’ Association,
 4009  Inc., governing the payment of breeders’, stallion, and special
 4010  racing awards on live thoroughbred races conducted at the
 4011  licensee’s pari-mutuel facility. The agreement governing purses
 4012  and the agreement governing awards may direct the payment of
 4013  such purses and awards from revenues generated by any wagering
 4014  or gaming the applicant is authorized to conduct under Florida
 4015  law. All purses and awards shall be subject to the terms of
 4016  chapter 550. All sums for breeders’, stallion, and special
 4017  racing awards shall be remitted monthly to the Florida
 4018  Thoroughbred Breeders’ Association, Inc., for the payment of
 4019  awards subject to the administrative fee authorized in s.
 4020  550.2625(3).
 4021         2. No slot machine license or renewal thereof shall be
 4022  issued to an applicant holding a permit under chapter 550 to
 4023  conduct pari-mutuel wagering meets of quarter horse racing
 4024  unless the applicant has on file with the department division a
 4025  binding written agreement between the applicant and the Florida
 4026  Quarter Horse Racing Association or the association representing
 4027  a majority of the horse owners and trainers at the applicant’s
 4028  eligible facility, governing the payment of purses on live
 4029  quarter horse races conducted at the licensee’s pari-mutuel
 4030  facility. The agreement governing purses may direct the payment
 4031  of such purses from revenues generated by any wagering or gaming
 4032  the applicant is authorized to conduct under Florida law. All
 4033  purses are shall be subject to the terms of chapter 550.
 4034         (b) The department division shall suspend a slot machine
 4035  license if one or more of the agreements required under
 4036  paragraph (a) are terminated or otherwise cease to operate or if
 4037  the department division determines that the licensee is
 4038  materially failing to comply with the terms of such an
 4039  agreement. Any such suspension shall take place in accordance
 4040  with chapter 120.
 4041         (c)1. If an agreement required under paragraph (a) cannot
 4042  be reached before prior to the initial issuance of the slot
 4043  machine license, either party may request arbitration or, in the
 4044  case of a renewal, if an agreement required under paragraph (a)
 4045  is not in place 120 days prior to the scheduled expiration date
 4046  of the slot machine license, the applicant shall immediately ask
 4047  the American Arbitration Association to furnish a list of 11
 4048  arbitrators, each of whom shall have at least 5 years of
 4049  commercial arbitration experience and no financial interest in
 4050  or prior relationship with any of the parties or their
 4051  affiliated or related entities or principals. Each required
 4052  party to the agreement shall select a single arbitrator from the
 4053  list provided by the American Arbitration Association within 10
 4054  days of receipt, and the individuals so selected shall choose
 4055  one additional arbitrator from the list within the next 10 days.
 4056         2. If an agreement required under paragraph (a) is not in
 4057  place 60 days after the request under subparagraph 1. in the
 4058  case of an initial slot machine license or, in the case of a
 4059  renewal, 60 days before prior to the scheduled expiration date
 4060  of the slot machine license, the matter shall be immediately
 4061  submitted to mandatory binding arbitration to resolve the
 4062  disagreement between the parties. The three arbitrators selected
 4063  pursuant to subparagraph 1. shall constitute the panel that
 4064  shall arbitrate the dispute between the parties pursuant to the
 4065  American Arbitration Association Commercial Arbitration Rules
 4066  and chapter 682.
 4067         3. At the conclusion of the proceedings, which shall be no
 4068  later than 90 days after the request under subparagraph 1. in
 4069  the case of an initial slot machine license or, in the case of a
 4070  renewal, 30 days before prior to the scheduled expiration date
 4071  of the slot machine license, the arbitration panel shall present
 4072  to the parties a proposed agreement that the majority of the
 4073  panel believes equitably balances the rights, interests,
 4074  obligations, and reasonable expectations of the parties. The
 4075  parties shall immediately enter into such agreement, which shall
 4076  satisfy the requirements of paragraph (a) and permit issuance of
 4077  the pending annual slot machine license or renewal. The
 4078  agreement produced by the arbitration panel under this
 4079  subparagraph shall be effective until the last day of the
 4080  license or renewal period or until the parties enter into a
 4081  different agreement. Each party shall pay its respective costs
 4082  of arbitration and shall pay one-half of the costs of the
 4083  arbitration panel, unless the parties otherwise agree. If the
 4084  agreement produced by the arbitration panel under this
 4085  subparagraph remains in place 120 days prior to the scheduled
 4086  issuance of the next annual license renewal, then the
 4087  arbitration process established in this paragraph will begin
 4088  again.
 4089         4. If In the event that neither of the agreements required
 4090  under subparagraph (a)1. or the agreement required under
 4091  subparagraph (a)2. are not in place by the deadlines established
 4092  in this paragraph, arbitration regarding each agreement shall
 4093  will proceed independently, with separate lists of arbitrators,
 4094  arbitration panels, arbitration proceedings, and resulting
 4095  agreements.
 4096         5. With respect to the agreements required under paragraph
 4097  (a) governing the payment of purses, the arbitration and
 4098  resulting agreement called for under this paragraph shall be
 4099  limited to the payment of purses from slot machine revenues
 4100  only.
 4101         (d) If any provision of this subsection or its application
 4102  to any person or circumstance is held invalid, the invalidity
 4103  does not affect other provisions or applications of this
 4104  subsection or chapter which can be given effect without the
 4105  invalid provision or application, and to this end the provisions
 4106  of this subsection are severable.
 4107         Section 56. Section 551.1045, Florida Statutes, is amended
 4108  to read:
 4109         551.1045 Temporary licenses.—
 4110         (1) Notwithstanding any provision of s. 120.60 to the
 4111  contrary, the department division may issue a temporary
 4112  occupational license upon the receipt of a complete application
 4113  from the applicant and a determination that the applicant has
 4114  not been convicted of or had adjudication withheld on any
 4115  disqualifying criminal offense. The temporary occupational
 4116  license remains valid until such time as the department division
 4117  grants an occupational license or notifies the applicant of its
 4118  intended decision to deny the applicant a license pursuant to
 4119  the provisions of s. 120.60. The department division shall adopt
 4120  rules to administer this subsection. However, not more than one
 4121  temporary license may be issued for any person in any year.
 4122         (2) A temporary license issued under this section is
 4123  nontransferable.
 4124         Section 57. Subsection (3) of section 551.105, Florida
 4125  Statutes, is amended to read:
 4126         551.105 Slot machine license renewal.—
 4127         (3) Upon determination by the department division that the
 4128  application for renewal is complete and qualifications have been
 4129  met, including payment of the renewal fee, the slot machine
 4130  license shall be renewed annually.
 4131         Section 58. Section 551.106, Florida Statutes, is amended
 4132  to read:
 4133         551.106 License fee; tax rate; penalties.—
 4134         (1) LICENSE FEE.—
 4135         (a) Upon submission of the initial application for a slot
 4136  machine license and annually thereafter, on the anniversary date
 4137  of the issuance of the initial license, the licensee must pay to
 4138  the department division a nonrefundable license fee of $3
 4139  million for the succeeding 12 months of licensure. In the 2010
 4140  2011 fiscal year, the licensee must pay the department division
 4141  a nonrefundable license fee of $2.5 million for the succeeding
 4142  12 months of licensure. In the 2011-2012 fiscal year and for
 4143  every fiscal year thereafter, the licensee must pay the
 4144  department division a nonrefundable license fee of $2 million
 4145  for the succeeding 12 months of licensure. The license fee shall
 4146  be deposited into the Pari-mutuel Wagering Trust Fund of the
 4147  Department of Business and Professional Regulation to be used by
 4148  the department division and the Department of Law Enforcement
 4149  for investigations, regulation of slot machine gaming, and
 4150  enforcement of slot machine gaming provisions under this
 4151  chapter. These payments shall be accounted for separately from
 4152  taxes or fees paid pursuant to the provisions of chapter 550.
 4153         (b) Prior to January 1, 2007, the division shall evaluate
 4154  the license fee and shall make recommendations to the President
 4155  of the Senate and the Speaker of the House of Representatives
 4156  regarding the optimum level of slot machine license fees in
 4157  order to adequately support the slot machine regulatory program.
 4158         (2) TAX ON SLOT MACHINE REVENUES.—
 4159         (a) The tax rate on slot machine revenues at each facility
 4160  shall be 35 percent. If, during any state fiscal year, the
 4161  aggregate amount of tax paid to the state by all slot machine
 4162  licensees in Broward and Miami-Dade Counties is less than the
 4163  aggregate amount of tax paid to the state by all slot machine
 4164  licensees in the 2008-2009 fiscal year, each slot machine
 4165  licensee shall pay to the state within 45 days after the end of
 4166  the state fiscal year a surcharge equal to its pro rata share of
 4167  an amount equal to the difference between the aggregate amount
 4168  of tax paid to the state by all slot machine licensees in the
 4169  2008-2009 fiscal year and the amount of tax paid during the
 4170  fiscal year. Each licensee’s pro rata share shall be an amount
 4171  determined by dividing the number 1 by the number of facilities
 4172  licensed to operate slot machines during the applicable fiscal
 4173  year, regardless of whether the facility is operating such
 4174  machines.
 4175         (b) The slot machine revenue tax imposed by this section
 4176  shall be paid to the department division for deposit into the
 4177  Pari-mutuel Wagering Trust Fund for immediate transfer by the
 4178  Chief Financial Officer for deposit into the Educational
 4179  Enhancement Trust Fund of the Department of Education. Any
 4180  interest earnings on the tax revenues shall also be transferred
 4181  to the Educational Enhancement Trust Fund.
 4182         (c)1. Funds transferred to the Educational Enhancement
 4183  Trust Fund under paragraph (b) shall be used to supplement
 4184  public education funding statewide.
 4185         2. If necessary to comply with any covenant established
 4186  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 4187  funds transferred to the Educational Enhancement Trust Fund
 4188  under paragraph (b) shall first be available to pay debt service
 4189  on lottery bonds issued to fund school construction in the event
 4190  lottery revenues are insufficient for such purpose or to satisfy
 4191  debt service reserve requirements established in connection with
 4192  lottery bonds. Moneys available pursuant to this subparagraph
 4193  are subject to annual appropriation by the Legislature.
 4194         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 4195  on slot machine revenues imposed by this section shall be paid
 4196  to the department division. The department division shall
 4197  deposit these sums with the Chief Financial Officer, to the
 4198  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 4199  licensee shall remit to the department division payment for the
 4200  tax on slot machine revenues. Such payments shall be remitted by
 4201  3 p.m. Wednesday of each week for taxes imposed and collected
 4202  for the preceding week ending on Sunday. Beginning on July 1,
 4203  2012, the slot machine licensee shall remit to the department
 4204  division payment for the tax on slot machine revenues by 3 p.m.
 4205  on the 5th day of each calendar month for taxes imposed and
 4206  collected for the preceding calendar month. If the 5th day of
 4207  the calendar month falls on a weekend, payments shall be
 4208  remitted by 3 p.m. the first Monday following the weekend. The
 4209  slot machine licensee shall file a report under oath by the 5th
 4210  day of each calendar month for all taxes remitted during the
 4211  preceding calendar month. Such payments shall be accompanied by
 4212  a report under oath showing all slot machine gaming activities
 4213  for the preceding calendar month and such other information as
 4214  may be prescribed by the department division.
 4215         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 4216  fails to make tax payments as required under this section is
 4217  subject to an administrative penalty of up to $10,000 for each
 4218  day the tax payment is not remitted. All administrative
 4219  penalties imposed and collected shall be deposited into the
 4220  Pari-mutuel Wagering Trust Fund of the Department of Business
 4221  and Professional Regulation. If any slot machine licensee fails
 4222  to pay penalties imposed by order of the department division
 4223  under this subsection, the department division may suspend,
 4224  revoke, or refuse to renew the license of the slot machine
 4225  licensee.
 4226         (5) SUBMISSION OF FUNDS.—The department division may
 4227  require slot machine licensees to remit taxes, fees, fines, and
 4228  assessments by electronic funds transfer.
 4229         Section 59. Section 551.107, Florida Statutes, is amended
 4230  to read:
 4231         551.107 Slot machine occupational license; findings;
 4232  application; fee.—
 4233         (1) The Legislature finds that individuals and entities
 4234  that are licensed under this section require heightened state
 4235  scrutiny, including the submission by the individual licensees
 4236  or persons associated with the entities described in this
 4237  chapter of fingerprints for a criminal history record check.
 4238         (2)(a) The following slot machine occupational licenses
 4239  shall be issued to persons or entities that, by virtue of the
 4240  positions they hold, might be granted access to slot machine
 4241  gaming areas or to any other person or entity in one of the
 4242  following categories:
 4243         1. General occupational licenses for general employees,
 4244  including food service, maintenance, and other similar service
 4245  and support employees having access to the slot machine gaming
 4246  area.
 4247         2. Professional occupational licenses for any person,
 4248  proprietorship, partnership, corporation, or other entity that
 4249  is authorized by a slot machine licensee to manage, oversee, or
 4250  otherwise control daily operations as a slot machine manager, a
 4251  floor supervisor, security personnel, or any other similar
 4252  position of oversight of gaming operations, or any person who is
 4253  not an employee of the slot machine licensee and who provides
 4254  maintenance, repair, or upgrades or otherwise services a slot
 4255  machine or other slot machine equipment.
 4256         3. Business occupational licenses for any slot machine
 4257  management company or company associated with slot machine
 4258  gaming, any person who manufactures, distributes, or sells slot
 4259  machines, slot machine paraphernalia, or other associated
 4260  equipment to slot machine licensees, or any company that sells
 4261  or provides goods or services associated with slot machine
 4262  gaming to slot machine licensees.
 4263         (b) The department division may issue one license to
 4264  combine licenses under this section with pari-mutuel
 4265  occupational licenses and cardroom licenses pursuant to s.
 4266  550.105(2)(b). The department division shall adopt rules
 4267  pertaining to occupational licenses under this subsection. Such
 4268  rules may specify, but need not be limited to, requirements and
 4269  restrictions for licensed occupations and categories, procedures
 4270  to apply for any license or combination of licenses,
 4271  disqualifying criminal offenses for a licensed occupation or
 4272  categories of occupations, and which types of occupational
 4273  licenses may be combined into a single license under this
 4274  section. The fingerprinting requirements of subsection (7) apply
 4275  to any combination license that includes slot machine license
 4276  privileges under this section. The department division may not
 4277  adopt a rule allowing the issuance of an occupational license to
 4278  any person who does not meet the minimum background
 4279  qualifications under this section.
 4280         (c) Slot machine occupational licenses are not
 4281  transferable.
 4282         (3) A slot machine licensee may not employ or otherwise
 4283  allow a person to work at a licensed facility unless such person
 4284  holds the appropriate valid occupational license. A slot machine
 4285  licensee may not contract or otherwise do business with a
 4286  business required to hold a slot machine occupational license
 4287  unless the business holds such a license. A slot machine
 4288  licensee may not employ or otherwise allow a person to work in a
 4289  supervisory or management professional level at a licensed
 4290  facility unless such person holds a valid slot machine
 4291  occupational license. All slot machine occupational licensees,
 4292  while present in slot machine gaming areas, shall display on
 4293  their persons their occupational license identification cards.
 4294         (4)(a) A person seeking a slot machine occupational license
 4295  or renewal thereof shall make application on forms prescribed by
 4296  the department division and include payment of the appropriate
 4297  application fee. Initial and renewal applications for slot
 4298  machine occupational licenses must contain all information that
 4299  the department division, by rule, determines is required to
 4300  ensure eligibility.
 4301         (b) A slot machine license or combination license is valid
 4302  for the same term as a pari-mutuel occupational license issued
 4303  pursuant to s. 550.105(1).
 4304         (c) Pursuant to rules adopted by the department division,
 4305  any person may apply for and, if qualified, be issued a slot
 4306  machine occupational license valid for a period of 3 years upon
 4307  payment of the full occupational license fee for each of the 3
 4308  years for which the license is issued. The slot machine
 4309  occupational license is valid during its specified term at any
 4310  licensed facility where slot machine gaming is authorized to be
 4311  conducted.
 4312         (d) The slot machine occupational license fee for initial
 4313  application and annual renewal shall be determined by rule of
 4314  the department division but may not exceed $50 for a general or
 4315  professional occupational license for an employee of the slot
 4316  machine licensee or $1,000 for a business occupational license
 4317  for nonemployees of the licensee providing goods or services to
 4318  the slot machine licensee. License fees for general occupational
 4319  licensees shall be paid by the slot machine licensee. Failure to
 4320  pay the required fee constitutes grounds for disciplinary action
 4321  by the department division against the slot machine licensee,
 4322  but it is not a violation of this chapter or rules of the
 4323  department division by the general occupational licensee and
 4324  does not prohibit the initial issuance or the renewal of the
 4325  general occupational license.
 4326         (5) The department division may:
 4327         (a) Deny an application for, or revoke, suspend, or place
 4328  conditions or restrictions on, a license of a person or entity
 4329  that has been refused a license by any other state gaming
 4330  commission, governmental department, agency, or other authority
 4331  exercising regulatory jurisdiction over the gaming of another
 4332  state or jurisdiction; or
 4333         (b) Deny an application for, or suspend or place conditions
 4334  on, a license of any person or entity that is under suspension
 4335  or has unpaid fines in another state or jurisdiction.
 4336         (6)(a) The department division may deny, suspend, revoke,
 4337  or refuse to renew any slot machine occupational license if the
 4338  applicant for such license or the licensee has violated the
 4339  provisions of this chapter or the rules of the department
 4340  division governing the conduct of persons connected with slot
 4341  machine gaming. In addition, the department division may deny,
 4342  suspend, revoke, or refuse to renew any slot machine
 4343  occupational license if the applicant for such license or the
 4344  licensee has been convicted in this state, in any other state,
 4345  or under the laws of the United States of a capital felony, a
 4346  felony, or an offense in any other state which that would be a
 4347  felony under the laws of this state involving arson; trafficking
 4348  in, conspiracy to traffic in, smuggling, importing, conspiracy
 4349  to smuggle or import, or delivery, sale, or distribution of a
 4350  controlled substance; racketeering; or a crime involving a lack
 4351  of good moral character, or has had a gaming license revoked by
 4352  this state or any other jurisdiction for any gaming-related
 4353  offense.
 4354         (b) The department division may deny, revoke, or refuse to
 4355  renew any slot machine occupational license if the applicant for
 4356  such license or the licensee has been convicted of a felony or
 4357  misdemeanor in this state, in any other state, or under the laws
 4358  of the United States if such felony or misdemeanor is related to
 4359  gambling or bookmaking as described in s. 849.25.
 4360         (c) For purposes of this subsection, the term “convicted”
 4361  means having been found guilty, with or without adjudication of
 4362  guilt, as a result of a jury verdict, nonjury trial, or entry of
 4363  a plea of guilty or nolo contendere.
 4364         (7) Fingerprints for all slot machine occupational license
 4365  applications shall be taken in a manner approved by the
 4366  department division and shall be submitted electronically to the
 4367  Department of Law Enforcement for state processing and the
 4368  Federal Bureau of Investigation for national processing for a
 4369  criminal history record check. All persons as specified in s.
 4370  550.1815(1)(a) employed by or working within a licensed premises
 4371  shall submit fingerprints for a criminal history record check
 4372  and may not have been convicted of any disqualifying criminal
 4373  offenses specified in subsection (6). Department Division
 4374  employees and law enforcement officers assigned by their
 4375  employing agencies to work within the premises as part of their
 4376  official duties are excluded from the criminal history record
 4377  check requirements under this subsection. For purposes of this
 4378  subsection, the term “convicted” means having been found guilty,
 4379  with or without adjudication of guilt, as a result of a jury
 4380  verdict, nonjury trial, or entry of a plea of guilty or nolo
 4381  contendere.
 4382         (a) Fingerprints shall be taken in a manner approved by the
 4383  department division upon initial application, or as required
 4384  thereafter by rule of the department division, and shall be
 4385  submitted electronically to the Department of Law Enforcement
 4386  for state processing. The Department of Law Enforcement shall
 4387  forward the fingerprints to the Federal Bureau of Investigation
 4388  for national processing. The results of the criminal history
 4389  record check shall be returned to the department division for
 4390  purposes of screening. Licensees shall provide necessary
 4391  equipment approved by the Department of Law Enforcement to
 4392  facilitate such electronic submission. The department division
 4393  requirements under this subsection shall be instituted in
 4394  consultation with the Department of Law Enforcement.
 4395         (b) The cost of processing fingerprints and conducting a
 4396  criminal history record check for a general occupational license
 4397  shall be borne by the slot machine licensee. The cost of
 4398  processing fingerprints and conducting a criminal history record
 4399  check for a business or professional occupational license shall
 4400  be borne by the person being checked. The Department of Law
 4401  Enforcement may submit an invoice to the department division for
 4402  the cost of fingerprints submitted each month.
 4403         (c) All fingerprints submitted to the Department of Law
 4404  Enforcement and required by this section shall be retained by
 4405  the Department of Law Enforcement and entered into the statewide
 4406  automated fingerprint identification system as authorized by s.
 4407  943.05(2)(b) and shall be available for all purposes and uses
 4408  authorized for arrest fingerprint cards entered into the
 4409  statewide automated fingerprint identification system pursuant
 4410  to s. 943.051.
 4411         (d) The Department of Law Enforcement shall search all
 4412  arrest fingerprints received pursuant to s. 943.051 against the
 4413  fingerprints retained in the statewide automated fingerprint
 4414  identification system under paragraph (c). Any arrest record
 4415  that is identified with the retained fingerprints of a person
 4416  subject to the criminal history screening requirements of this
 4417  section shall be reported to the department division. Each
 4418  licensed facility shall pay a fee to the department division for
 4419  the cost of retention of the fingerprints and the ongoing
 4420  searches under this paragraph. The department division shall
 4421  forward the payment to the Department of Law Enforcement. The
 4422  amount of the fee to be imposed for performing these searches
 4423  and the procedures for the retention of licensee fingerprints
 4424  shall be as established by rule of the Department of Law
 4425  Enforcement. The department division shall inform the Department
 4426  of Law Enforcement of any change in the license status of
 4427  licensees whose fingerprints are retained under paragraph (c).
 4428         (e) The department division shall request the Department of
 4429  Law Enforcement to forward the fingerprints to the Federal
 4430  Bureau of Investigation for a national criminal history records
 4431  check every 3 years following issuance of a license. If the
 4432  fingerprints of a person who is licensed have not been retained
 4433  by the Department of Law Enforcement, the person must file a
 4434  complete set of fingerprints as provided for in paragraph (a).
 4435  The department division shall collect the fees for the cost of
 4436  the national criminal history record check under this paragraph
 4437  and shall forward the payment to the Department of Law
 4438  Enforcement. The cost of processing fingerprints and conducting
 4439  a criminal history record check under this paragraph for a
 4440  general occupational license shall be borne by the slot machine
 4441  licensee. The cost of processing fingerprints and conducting a
 4442  criminal history record check under this paragraph for a
 4443  business or professional occupational license shall be borne by
 4444  the person being checked. The Department of Law Enforcement may
 4445  submit an invoice to the department division for the cost of
 4446  fingerprints submitted each month. Under penalty of perjury,
 4447  each person who is licensed or who is fingerprinted as required
 4448  by this section must agree to inform the department division
 4449  within 48 hours if he or she is convicted of or has entered a
 4450  plea of guilty or nolo contendere to any disqualifying offense,
 4451  regardless of adjudication.
 4452         (8) All moneys collected pursuant to this section shall be
 4453  deposited into the Pari-mutuel Wagering Trust Fund.
 4454         (9) The department division may deny, revoke, or suspend
 4455  any occupational license if the applicant or holder of the
 4456  license accumulates unpaid obligations, defaults in obligations,
 4457  or issues drafts or checks that are dishonored or for which
 4458  payment is refused without reasonable cause.
 4459         (10) The department division may fine or suspend, revoke,
 4460  or place conditions upon the license of any licensee who
 4461  provides false information under oath regarding an application
 4462  for a license or an investigation by the department division.
 4463         (11) The department division may impose a civil fine of up
 4464  to $5,000 for each violation of this chapter or the rules of the
 4465  department division in addition to or in lieu of any other
 4466  penalty provided for in this section. The department division
 4467  may adopt a penalty schedule for violations of this chapter or
 4468  any rule adopted pursuant to this chapter for which it would
 4469  impose a fine in lieu of a suspension and adopt rules allowing
 4470  for the issuance of citations, including procedures to address
 4471  such citations, to persons who violate such rules. In addition
 4472  to any other penalty provided by law, the department division
 4473  may exclude from all licensed slot machine facilities in this
 4474  state, for a period not to exceed the period of suspension,
 4475  revocation, or ineligibility, any person whose occupational
 4476  license application has been declared ineligible to hold an
 4477  occupational license or whose occupational license has been
 4478  suspended or revoked by the department division.
 4479         Section 60. Section 551.108, Florida Statutes, is amended
 4480  to read:
 4481         551.108 Prohibited relationships.—
 4482         (1) A person employed by or performing any function on
 4483  behalf of the department division may not:
 4484         (a) Be an officer, director, owner, or employee of any
 4485  person or entity licensed by the department division.
 4486         (b) Have or hold any interest, direct or indirect, in or
 4487  engage in any commerce or business relationship with any person
 4488  licensed by the department division.
 4489         (2) A manufacturer or distributor of slot machines may not
 4490  enter into any contract with a slot machine licensee which that
 4491  provides for any revenue sharing of any kind or nature or which
 4492  that is directly or indirectly calculated on the basis of a
 4493  percentage of slot machine revenues. Any maneuver, shift, or
 4494  device whereby this subsection is violated is a violation of
 4495  this chapter and renders any such agreement void.
 4496         (3) A manufacturer or distributor of slot machines or any
 4497  equipment necessary for the operation of slot machines or an
 4498  officer, director, or employee of any such manufacturer or
 4499  distributor may not have any ownership or financial interest in
 4500  a slot machine license or in any business owned by the slot
 4501  machine licensee.
 4502         (4) An employee of the department division or relative
 4503  living in the same household as such employee of the department
 4504  division may not wager at any time on a slot machine located at
 4505  a facility licensed by the department division.
 4506         (5) An occupational licensee or relative living in the same
 4507  household as such occupational licensee may not wager at any
 4508  time on a slot machine located at a facility where that person
 4509  is employed.
 4510         Section 61. Subsections (2) and (7) of section 551.109,
 4511  Florida Statutes, are amended to read:
 4512         551.109 Prohibited acts; penalties.—
 4513         (2) Except as otherwise provided by law and in addition to
 4514  any other penalty, any person who possesses a slot machine
 4515  without the license required by this chapter or who possesses a
 4516  slot machine at any location other than at the slot machine
 4517  licensee’s facility is subject to an administrative fine or
 4518  civil penalty of up to $10,000 per machine. The prohibition in
 4519  this subsection does not apply to:
 4520         (a) Slot machine manufacturers or slot machine distributors
 4521  that hold appropriate licenses issued by the department division
 4522  who are authorized to maintain a slot machine storage and
 4523  maintenance facility at any location in a county in which slot
 4524  machine gaming is authorized by this chapter. The department
 4525  division may adopt rules regarding security and access to the
 4526  storage facility and inspections by the department division.
 4527         (b) Certified educational facilities that are authorized to
 4528  maintain slot machines for the sole purpose of education and
 4529  licensure, if any, of slot machine technicians, inspectors, or
 4530  investigators. The department division and the Department of Law
 4531  Enforcement may possess slot machines for training and testing
 4532  purposes. The department division may adopt rules regarding the
 4533  regulation of any such slot machines used for educational,
 4534  training, or testing purposes.
 4535         (7) All penalties imposed and collected under this section
 4536  must be deposited into the Pari-mutuel Wagering Trust Fund of
 4537  the Department of Business and Professional Regulation.
 4538         Section 62. Section 551.112, Florida Statutes, is amended
 4539  to read:
 4540         551.112 Exclusions of certain persons.—In addition to the
 4541  power to exclude certain persons from any facility of a slot
 4542  machine licensee in this state, the department division may
 4543  exclude any person from any facility of a slot machine licensee
 4544  in this state for conduct that would constitute, if the person
 4545  were a licensee, a violation of this chapter or the rules of the
 4546  department division. The department division may exclude from
 4547  any facility of a slot machine licensee any person who has been
 4548  ejected from a facility of a slot machine licensee in this state
 4549  or who has been excluded from any facility of a slot machine
 4550  licensee or gaming facility in another state by the governmental
 4551  department, agency, commission, or authority exercising
 4552  regulatory jurisdiction over the gaming in such other state.
 4553  This section does not abrogate the common law right of a slot
 4554  machine licensee to exclude a patron absolutely in this state.
 4555         Section 63. Subsections (3) and (5) of section 551.114,
 4556  Florida Statutes, are amended to read:
 4557         551.114 Slot machine gaming areas.—
 4558         (3) The department division shall require the posting of
 4559  signs warning of the risks and dangers of gambling, showing the
 4560  odds of winning, and informing patrons of the toll-free
 4561  telephone number available to provide information and referral
 4562  services regarding compulsive or problem gambling.
 4563         (5) The permitholder shall provide adequate office space at
 4564  no cost to the department division and the Department of Law
 4565  Enforcement for the oversight of slot machine operations. The
 4566  department division shall adopt rules establishing the criteria
 4567  for adequate space, configuration, and location and needed
 4568  electronic and technological requirements for office space
 4569  required by this subsection.
 4570         Section 64. Section 551.117, Florida Statutes, is amended
 4571  to read:
 4572         551.117 Penalties.—The department division may revoke or
 4573  suspend any slot machine license issued under this chapter upon
 4574  the willful violation by the slot machine licensee of any
 4575  provision of this chapter or of any rule adopted under this
 4576  chapter. In lieu of suspending or revoking a slot machine
 4577  license, the department division may impose a civil penalty
 4578  against the slot machine licensee for a violation of this
 4579  chapter or any rule adopted by the department division. Except
 4580  as otherwise provided in this chapter, the penalty so imposed
 4581  may not exceed $100,000 for each count or separate offense. All
 4582  penalties imposed and collected must be deposited into the Pari
 4583  mutuel Wagering Trust Fund of the Department of Business and
 4584  Professional Regulation.
 4585         Section 65. Section 551.118, Florida Statutes, is amended
 4586  to read:
 4587         551.118 Compulsive or addictive gambling prevention
 4588  program.—
 4589         (1) The slot machine licensee shall offer training to
 4590  employees on responsible gaming and shall work with a compulsive
 4591  or addictive gambling prevention program to recognize problem
 4592  gaming situations and to implement responsible gaming programs
 4593  and practices.
 4594         (2) The department division shall, subject to competitive
 4595  bidding, contract for provision of services related to the
 4596  prevention of compulsive and addictive gambling. The contract
 4597  shall provide for an advertising program to encourage
 4598  responsible gaming practices and to publicize a gambling
 4599  telephone help line. Such advertisements must be made both
 4600  publicly and inside the designated slot machine gaming areas of
 4601  the licensee’s facilities. The terms of any contract for the
 4602  provision of such services shall include accountability
 4603  standards that must be met by any private provider. The failure
 4604  of any private provider to meet any material terms of the
 4605  contract, including the accountability standards, shall
 4606  constitute a breach of contract or grounds for nonrenewal. The
 4607  department division may consult with the Department of the
 4608  Lottery in the development of the program and the development
 4609  and analysis of any procurement for contractual services for the
 4610  compulsive or addictive gambling prevention program.
 4611         (3) The compulsive or addictive gambling prevention program
 4612  shall be funded from an annual nonrefundable regulatory fee of
 4613  $250,000 paid by the licensee to the department division.
 4614         Section 66. Paragraph (c) of subsection (4) of section
 4615  551.121, Florida Statutes, is amended to read:
 4616         551.121 Prohibited activities and devices; exceptions.—
 4617         (4)
 4618         (c) Outside the designated slot machine gaming areas, a
 4619  slot machine licensee or operator may accept or cash a check for
 4620  an employee of the facility who is prohibited from wagering on a
 4621  slot machine under s. 551.108(5), a check made directly payable
 4622  to a person licensed by the department division, or a check made
 4623  directly payable to the slot machine licensee or operator from:
 4624         1. A pari-mutuel patron; or
 4625         2. A pari-mutuel facility in this state or in another
 4626  state.
 4627         Section 67. Section 551.122, Florida Statutes, is amended
 4628  to read:
 4629         551.122 Rulemaking.—The department division may adopt rules
 4630  pursuant to ss. 120.536(1) and 120.54 to administer the
 4631  provisions of this chapter.
 4632         Section 68. Section 551.123, Florida Statutes, is amended
 4633  to read:
 4634         551.123 Legislative authority; administration of chapter.
 4635  The Legislature finds and declares that it has exclusive
 4636  authority over the conduct of all wagering occurring at a slot
 4637  machine facility in this state. As provided by law, only the
 4638  department Division of Pari-mutuel Wagering and other authorized
 4639  state agencies shall administer this chapter and regulate the
 4640  slot machine gaming industry, including operation of slot
 4641  machine facilities, games, slot machines, and facilities-based
 4642  computer systems authorized in this chapter and the rules
 4643  adopted by the department division.
 4644         Section 69. Subsection (5) of section 565.02, Florida
 4645  Statutes, is amended to read:
 4646         565.02 License fees; vendors; clubs; caterers; and others.—
 4647         (5) A caterer at a horse or dog racetrack or jai alai
 4648  fronton may obtain a license upon the payment of an annual state
 4649  license tax of $675. Such caterer’s license shall permit sales
 4650  only within the enclosure in which such races or jai alai games
 4651  are conducted, and such licensee shall be permitted to sell only
 4652  during the period beginning 10 days before and ending 10 days
 4653  after racing or jai alai under the authority of the Division of
 4654  Pari-mutuel Wagering of the Department of Gaming Control
 4655  Business and Professional Regulation is conducted at such
 4656  racetrack or jai alai fronton. Except as otherwise provided in
 4657  this subsection otherwise provided, caterers licensed hereunder
 4658  shall be treated as vendors licensed to sell by the drink the
 4659  beverages mentioned herein and shall be subject to all the
 4660  provisions hereof relating to such vendors.
 4661         Section 70. Section 616.09, Florida Statutes, is amended to
 4662  read:
 4663         616.09 Not authorized to carry on gambling, etc.;
 4664  forfeiture of charter for violations; annulment proceedings.
 4665  Nothing in This chapter does not shall be held or construed to
 4666  authorize or permit any fair association to carry on, conduct,
 4667  supervise, permit, or suffer any gambling or game of chance,
 4668  lottery, betting, or other act in violation of the criminal laws
 4669  of the state; and nothing in this chapter does not shall permit
 4670  horseracing or dogracing or any other pari-mutuel wagering, for
 4671  money or upon which money is placed. Any fair association that
 4672  which violates any such law or that which knowingly permits the
 4673  violation of any such law is subject to forfeiture of its
 4674  charter; and if any citizen complains to the Department of Legal
 4675  Affairs or the Department of Gaming Control that the association
 4676  was organized for or is being used as a cover to evade any of
 4677  the laws of Florida against crime, and submits prima facie
 4678  evidence to sustain the charge, the Department of Legal Affairs
 4679  or the Department of Gaming Control shall institute, and in due
 4680  time prosecute to final judgment, such proceedings as may be
 4681  necessary to annul the charter and incorporation of the
 4682  association. A writ of injunction or other extraordinary process
 4683  shall be issued by a court of competent jurisdiction on the
 4684  application of the Department of Legal Affairs or the Department
 4685  of Gaming Control on complaint pending the annulment proceeding
 4686  and in aid thereof, and the case shall be given precedence over
 4687  all civil cases pending in that court and shall be heard and
 4688  disposed of with as little delay as practicable.
 4689         Section 71. Subsection (9) of section 616.241, Florida
 4690  Statutes, is amended to read:
 4691         616.241 Trade standards for operation at public fairs and
 4692  expositions.—Trade standards for the operation of shows or games
 4693  in connection with public fairs and expositions are as follows:
 4694         (9) VIOLATIONS; REPORTING.—Florida law forbids lotteries,
 4695  gambling, raffles, and other games of chance at community,
 4696  county, district, state, regional, or interstate fairs and
 4697  specialized shows. Enforcement is the responsibility of the
 4698  Department of Gaming Control, local boards, and authorities.
 4699         Section 72. Section 817.37, Florida Statutes, is amended to
 4700  read:
 4701         817.37 Touting; defining; providing punishment; ejection
 4702  from racetracks.—
 4703         (1) Any person who knowingly and designedly by false
 4704  representation attempts to, or does persuade, procure, or cause
 4705  another person to wager on a horse in a race to be run in this
 4706  state or elsewhere, and upon which money is wagered in this
 4707  state, and who asks or demands compensation as a reward for
 4708  information or purported information given in such case is a
 4709  tout, and commits is guilty of touting.
 4710         (2) Any person who is a tout, or who attempts or conspires
 4711  to commit touting, commits shall be guilty of a misdemeanor of
 4712  the second degree, punishable as provided in s. 775.082 or s.
 4713  775.083.
 4714         (3) Any person who in the commission of touting falsely
 4715  uses the name of any official of the Department of Gaming
 4716  Control Florida Division of Pari-mutuel Wagering, its inspectors
 4717  or attaches, or of any official of any racetrack association, or
 4718  the names of any owner, trainer, jockey, or other person
 4719  licensed by the Department of Gaming Control Florida Division of
 4720  Pari-mutuel Wagering, as the source of any information or
 4721  purported information commits shall be guilty of a felony of the
 4722  third degree, punishable as provided in s. 775.082, s. 775.083,
 4723  or s. 775.084.
 4724         (4) Any person who has been convicted of touting by any
 4725  court, and the record of whose conviction on such charge is on
 4726  file in the office of the Department of Gaming Control Florida
 4727  Division of Pari-mutuel Wagering, any court of this state, or of
 4728  the Federal Bureau of Investigation, or any person who has been
 4729  ejected from any racetrack of this or any other state for
 4730  touting or practices inimical to the public interest shall be
 4731  excluded from all racetracks in this state and if such person
 4732  returns to a racetrack he or she commits shall be guilty of a
 4733  misdemeanor of the second degree, punishable as provided in s.
 4734  775.082 or s. 775.083. Any such person who refuses to leave such
 4735  track when ordered to do so by inspectors of the Department of
 4736  Gaming Control Florida Division of Pari-mutuel Wagering or by
 4737  any peace officer, or by an accredited attache of a racetrack or
 4738  association commits shall be guilty of a separate offense that
 4739  which shall be a misdemeanor of the second degree, punishable as
 4740  provided in s. 775.083.
 4741         Section 73. Section 849.086, Florida Statutes, is amended
 4742  to read:
 4743         849.086 Cardrooms authorized.—
 4744         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4745  to provide additional entertainment choices for the residents of
 4746  and visitors to the state, promote tourism in the state, and
 4747  provide additional state revenues through the authorization of
 4748  the playing of certain games in the state at facilities known as
 4749  cardrooms which are to be located at licensed pari-mutuel
 4750  facilities. To ensure the public confidence in the integrity of
 4751  authorized cardroom operations, this act is designed to strictly
 4752  regulate the facilities, persons, and procedures related to
 4753  cardroom operations. Furthermore, the Legislature finds that
 4754  authorized games as herein defined are considered to be pari
 4755  mutuel style games and not casino gaming because the
 4756  participants play against each other instead of against the
 4757  house.
 4758         (2) DEFINITIONS.—As used in this section:
 4759         (a) “Authorized game” means a game or series of games of
 4760  poker or dominoes which are played in a nonbanking manner.
 4761         (b) “Banking game” means a game in which the house is a
 4762  participant in the game, taking on players, paying winners, and
 4763  collecting from losers or in which the cardroom establishes a
 4764  bank against which participants play.
 4765         (c) “Cardroom” means a facility where authorized games are
 4766  played for money or anything of value and to which the public is
 4767  invited to participate in such games and charged a fee for
 4768  participation by the operator of such facility. Authorized games
 4769  and cardrooms do not constitute casino gaming operations.
 4770         (d) “Cardroom management company” means any individual not
 4771  an employee of the cardroom operator, any proprietorship,
 4772  partnership, corporation, or other entity that enters into an
 4773  agreement with a cardroom operator to manage, operate, or
 4774  otherwise control the daily operation of a cardroom.
 4775         (e) “Cardroom distributor” means any business that
 4776  distributes cardroom paraphernalia such as card tables, betting
 4777  chips, chip holders, dominoes, dominoes tables, drop boxes,
 4778  banking supplies, playing cards, card shufflers, and other
 4779  associated equipment to authorized cardrooms.
 4780         (f) “Cardroom operator” means a licensed pari-mutuel
 4781  permitholder that which holds a valid permit and license issued
 4782  by the department division pursuant to chapter 550 and that
 4783  which also holds a valid cardroom license issued by the
 4784  department division pursuant to this section which authorizes
 4785  such person to operate a cardroom and to conduct authorized
 4786  games in such cardroom.
 4787         (g) “Department” “Division” means the Division of Pari
 4788  mutuel Wagering of the Department of Gaming Control Business and
 4789  Professional Regulation.
 4790         (h) “Dominoes” means a game of dominoes typically played
 4791  with a set of 28 flat rectangular blocks, called “bones,” which
 4792  are marked on one side and divided into two equal parts, with
 4793  zero to six dots, called “pips,” in each part. The term also
 4794  includes larger sets of blocks that contain a correspondingly
 4795  higher number of pips. The term also means the set of blocks
 4796  used to play the game.
 4797         (i) “Gross receipts” means the total amount of money
 4798  received by a cardroom from any person for participation in
 4799  authorized games.
 4800         (j) “House” means the cardroom operator and all employees
 4801  of the cardroom operator.
 4802         (k) “Net proceeds” means the total amount of gross receipts
 4803  received by a cardroom operator from cardroom operations less
 4804  direct operating expenses related to cardroom operations,
 4805  including labor costs, admission taxes only if a separate
 4806  admission fee is charged for entry to the cardroom facility,
 4807  gross receipts taxes imposed on cardroom operators by this
 4808  section, the annual cardroom license fees imposed by this
 4809  section on each table operated at a cardroom, and reasonable
 4810  promotional costs excluding officer and director compensation,
 4811  interest on capital debt, legal fees, real estate taxes, bad
 4812  debts, contributions or donations, or overhead and depreciation
 4813  expenses not directly related to the operation of the cardrooms.
 4814         (l) “Rake” means a set fee or percentage of the pot
 4815  assessed by a cardroom operator for providing the services of a
 4816  dealer, table, or location for playing the authorized game.
 4817         (m) “Tournament” means a series of games that have more
 4818  than one betting round involving one or more tables and where
 4819  the winners or others receive a prize or cash award.
 4820         (3) CARDROOM AUTHORIZED.—Notwithstanding any other
 4821  provision of law, it is not a crime for a person to participate
 4822  in an authorized game at a licensed cardroom or to operate a
 4823  cardroom described in this section if such game and cardroom
 4824  operation are conducted strictly in accordance with the
 4825  provisions of this section.
 4826         (4) AUTHORITY OF DEPARTMENT DIVISION.—The department
 4827  Division of Pari-mutuel Wagering of the Department of Business
 4828  and Professional Regulation shall administer this section and
 4829  regulate the operation of cardrooms under this section and the
 4830  rules adopted pursuant thereto, and is hereby authorized to:
 4831         (a) Adopt rules, including, but not limited to: the
 4832  issuance of cardroom and employee licenses for cardroom
 4833  operations; the operation of a cardroom; recordkeeping and
 4834  reporting requirements; and the collection of all fees and taxes
 4835  imposed by this section.
 4836         (b) Conduct investigations and monitor the operation of
 4837  cardrooms and the playing of authorized games therein.
 4838         (c) Review the books, accounts, and records of any current
 4839  or former cardroom operator.
 4840         (d) Suspend or revoke any license or permit, after hearing,
 4841  for any violation of the provisions of this section or the
 4842  administrative rules adopted pursuant thereto.
 4843         (e) Take testimony, issue summons and subpoenas for any
 4844  witness, and issue subpoenas duces tecum in connection with any
 4845  matter within its jurisdiction.
 4846         (f) Monitor and ensure the proper collection of taxes and
 4847  fees imposed by this section. Permitholder internal controls are
 4848  mandated to ensure no compromise of state funds. To that end, a
 4849  roaming department division auditor will monitor and verify the
 4850  cash flow and accounting of cardroom revenue for any given
 4851  operating day.
 4852         (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
 4853  not operate a cardroom in this state unless such person holds a
 4854  valid cardroom license issued pursuant to this section.
 4855         (a) Only those persons holding a valid cardroom license
 4856  issued by the department division may operate a cardroom. A
 4857  cardroom license may only be issued only to a licensed pari
 4858  mutuel permitholder and an authorized cardroom may only be
 4859  operated only at the same facility at which the permitholder is
 4860  authorized under its valid pari-mutuel wagering permit to
 4861  conduct pari-mutuel wagering activities. An initial cardroom
 4862  license shall be issued to a pari-mutuel permitholder only after
 4863  its facilities are in place and after it conducts its first day
 4864  of live racing or games.
 4865         (b) After the initial cardroom license is granted, the
 4866  application for the annual license renewal shall be made in
 4867  conjunction with the applicant’s annual application for its
 4868  pari-mutuel license. If a permitholder has operated a cardroom
 4869  during any of the 3 previous fiscal years and fails to include a
 4870  renewal request for the operation of the cardroom in its annual
 4871  application for license renewal, the permitholder may amend its
 4872  annual application to include operation of the cardroom. In
 4873  order for a cardroom license to be renewed the applicant must
 4874  have requested, as part of its pari-mutuel annual license
 4875  application, to conduct at least 90 percent of the total number
 4876  of live performances conducted by such permitholder during
 4877  either the state fiscal year in which its initial cardroom
 4878  license was issued or the state fiscal year immediately prior
 4879  thereto if the permitholder ran at least a full schedule of live
 4880  racing or games in the prior year. If the application is for a
 4881  harness permitholder cardroom, the applicant must have requested
 4882  authorization to conduct a minimum of 140 live performances
 4883  during the state fiscal year immediately prior thereto. If more
 4884  than one permitholder is operating at a facility, each
 4885  permitholder must have applied for a license to conduct a full
 4886  schedule of live racing.
 4887         (c) Persons seeking a license or a renewal thereof to
 4888  operate a cardroom shall make application on forms prescribed by
 4889  the department division. Applications for cardroom licenses
 4890  shall contain all of the information the department division, by
 4891  rule, may determine is required to ensure eligibility.
 4892         (d) The annual cardroom license fee for each facility shall
 4893  be $1,000 for each table to be operated at the cardroom. The
 4894  license fee shall be deposited by the department division with
 4895  the Chief Financial Officer to the credit of the Pari-mutuel
 4896  Wagering Trust Fund.
 4897         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 4898  APPLICATION; FEES.—
 4899         (a) A person employed or otherwise working in a cardroom as
 4900  a cardroom manager, floor supervisor, pit boss, dealer, or any
 4901  other activity related to cardroom operations while the facility
 4902  is conducting card playing or games of dominoes must hold a
 4903  valid cardroom employee occupational license issued by the
 4904  department division. Food service, maintenance, and security
 4905  employees with a current pari-mutuel occupational license and a
 4906  current background check will not be required to have a cardroom
 4907  employee occupational license.
 4908         (b) Any cardroom management company or cardroom distributor
 4909  associated with cardroom operations must hold a valid cardroom
 4910  business occupational license issued by the department division.
 4911         (c) A No licensed cardroom operator may not employ or allow
 4912  to work in a cardroom any person unless such person holds a
 4913  valid occupational license. A No licensed cardroom operator may
 4914  not contract, or otherwise do business with, a business required
 4915  to hold a valid cardroom business occupational license, unless
 4916  the business holds such a valid license.
 4917         (d) The department division shall establish, by rule, a
 4918  schedule for the renewal of cardroom occupational licenses.
 4919  Cardroom occupational licenses are not transferable.
 4920         (e) Persons seeking cardroom occupational licenses, or
 4921  renewal thereof, shall make application on forms prescribed by
 4922  the department division. Applications for cardroom occupational
 4923  licenses shall contain all of the information the department
 4924  division, by rule, may determine is required to ensure
 4925  eligibility.
 4926         (f) The department division shall adopt rules regarding
 4927  cardroom occupational licenses. The provisions specified in s.
 4928  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 4929  shall be applicable to cardroom occupational licenses.
 4930         (g) The department division may deny, declare ineligible,
 4931  or revoke any cardroom occupational license if the applicant or
 4932  holder thereof has been found guilty or had adjudication
 4933  withheld in this state or any other state, or under the laws of
 4934  the United States of a felony or misdemeanor involving forgery,
 4935  larceny, extortion, conspiracy to defraud, or filing false
 4936  reports to a government agency, racing or gaming commission or
 4937  authority.
 4938         (h) Fingerprints for all cardroom occupational license
 4939  applications shall be taken in a manner approved by the
 4940  department division and then shall be submitted to the Florida
 4941  Department of Law Enforcement and the Federal Bureau of
 4942  Investigation for a criminal records check upon initial
 4943  application and at least every 5 years thereafter. The
 4944  department division may by rule require an annual record check
 4945  of all renewal applications for a cardroom occupational license.
 4946  The cost of processing fingerprints and conducting a record
 4947  check shall be borne by the applicant.
 4948         (i) The cardroom employee occupational license fee may
 4949  shall not exceed $50 for any 12-month period. The cardroom
 4950  business occupational license fee may shall not exceed $250 for
 4951  any 12-month period.
 4952         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 4953         (a) A cardroom may be operated only at the location
 4954  specified on the cardroom license issued by the department
 4955  division, and such location may only be the location at which
 4956  the pari-mutuel permitholder is authorized to conduct pari
 4957  mutuel wagering activities pursuant to such permitholder’s valid
 4958  pari-mutuel permit or as otherwise authorized by law. Cardroom
 4959  operations may not be allowed beyond the hours provided in
 4960  paragraph (b) regardless of the number of cardroom licenses
 4961  issued for permitholders operating at the pari-mutuel facility.
 4962         (b) Any cardroom operator may operate a cardroom at the
 4963  pari-mutuel facility daily throughout the year, if the
 4964  permitholder meets the requirements under paragraph (5)(b). The
 4965  cardroom may be open a cumulative amount of 18 hours per day on
 4966  Monday through Friday and 24 hours per day on Saturday and
 4967  Sunday and on the holidays specified in s. 110.117(1).
 4968         (c) A cardroom operator must at all times employ and
 4969  provide a nonplaying dealer for each table on which authorized
 4970  card games that which traditionally use a dealer are conducted
 4971  at the cardroom. Such dealers may not have a participatory
 4972  interest in any game other than the dealing of cards and may not
 4973  have an interest in the outcome of the game. The providing of
 4974  such dealers by a licensee does not constitute the conducting of
 4975  a banking game by the cardroom operator.
 4976         (d) A cardroom operator may award giveaways, jackpots, and
 4977  prizes to a player who holds certain combinations of cards
 4978  specified by the cardroom operator.
 4979         (e) Each cardroom operator shall conspicuously post upon
 4980  the premises of the cardroom a notice that which contains a copy
 4981  of the cardroom license; a list of authorized games offered by
 4982  the cardroom; the wagering limits imposed by the house, if any;
 4983  any additional house rules regarding operation of the cardroom
 4984  or the playing of any game; and all costs to players to
 4985  participate, including any rake by the house. In addition, each
 4986  cardroom operator shall post at each table a notice of the
 4987  minimum and maximum bets authorized at such table and the fee
 4988  for participation in the game conducted.
 4989         (f) The cardroom facility is subject to inspection by the
 4990  department division or any law enforcement agency during the
 4991  licensee’s regular business hours. The inspection must
 4992  specifically include the permitholder internal control
 4993  procedures approved by the department division.
 4994         (g) A cardroom operator may refuse entry to or refuse to
 4995  allow any person who is objectionable, undesirable, or
 4996  disruptive to play, but such refusal may not be on the basis of
 4997  race, creed, color, religion, gender, national origin, marital
 4998  status, physical handicap, or age, except as provided in this
 4999  section.
 5000         (8) METHOD OF WAGERS; LIMITATION.—
 5001         (a) No Wagering may not be conducted using money or other
 5002  negotiable currency. Games may only be played utilizing a
 5003  wagering system whereby all players’ money is first converted by
 5004  the house to tokens or chips that which shall be used for
 5005  wagering only at that specific cardroom.
 5006         (b) The cardroom operator may limit the amount wagered in
 5007  any game or series of games.
 5008         (c) A tournament shall consist of a series of games. The
 5009  entry fee for a tournament may be set by the cardroom operator.
 5010  Tournaments may be played only with tournament chips that are
 5011  provided to all participants in exchange for an entry fee and
 5012  any subsequent re-buys. All players must receive an equal number
 5013  of tournament chips for their entry fee. Tournament chips have
 5014  no cash value and represent tournament points only. There is no
 5015  limitation on the number of tournament chips that may be used
 5016  for a bet except as otherwise determined by the cardroom
 5017  operator. Tournament chips may never be redeemed for cash or for
 5018  any other thing of value. The distribution of prizes and cash
 5019  awards must be determined by the cardroom operator before entry
 5020  fees are accepted. For purposes of tournament play only, the
 5021  term “gross receipts” means the total amount received by the
 5022  cardroom operator for all entry fees, player re-buys, and fees
 5023  for participating in the tournament less the total amount paid
 5024  to the winners or others as prizes.
 5025         (9) BOND REQUIRED.—The holder of a cardroom license shall
 5026  be financially and otherwise responsible for the operation of
 5027  the cardroom and for the conduct of any manager, dealer, or
 5028  other employee involved in the operation of the cardroom. Prior
 5029  to the issuance of a cardroom license, each applicant for such
 5030  license shall provide evidence of a surety bond in the amount of
 5031  $50,000, payable to the state, furnished by a corporate surety
 5032  authorized to do business in the state or evidence that the
 5033  licensee’s pari-mutuel bond required by s. 550.125 has been
 5034  expanded to include the applicant’s cardroom operation. The bond
 5035  shall guarantee that the cardroom operator will redeem, for
 5036  cash, all tokens or chips used in games. Such bond shall be kept
 5037  in full force and effect by the operator during the term of the
 5038  license.
 5039         (10) FEE FOR PARTICIPATION.—The cardroom operator may
 5040  charge a fee for the right to participate in games conducted at
 5041  the cardroom. Such fee may be either a flat fee or hourly rate
 5042  for the use of a seat at a table or a rake subject to the posted
 5043  maximum amount but may not be based on the amount won by
 5044  players. The rake-off, if any, must be made in an obvious manner
 5045  and placed in a designated rake area that which is clearly
 5046  visible to all players. Notice of the amount of the
 5047  participation fee charged shall be posted in a conspicuous place
 5048  in the cardroom and at each table at all times.
 5049         (11) RECORDS AND REPORTS.—
 5050         (a) Each licensee operating a cardroom shall keep and
 5051  maintain permanent daily records of its cardroom operation and
 5052  shall maintain such records for a period of not less than 3
 5053  years. These records shall include all financial transactions
 5054  and contain sufficient detail to determine compliance with the
 5055  requirements of this section. All records shall be available for
 5056  audit and inspection by the department division or other law
 5057  enforcement agencies during the licensee’s regular business
 5058  hours. The information required in such records shall be
 5059  determined by department division rule.
 5060         (b) Each licensee operating a cardroom shall file with the
 5061  department division a report containing the required records of
 5062  such cardroom operation. Such report shall be filed monthly by
 5063  licensees. The required reports shall be submitted on forms
 5064  prescribed by the department division and shall be due at the
 5065  same time as the monthly pari-mutuel reports are due to the
 5066  department division, and such reports shall contain any
 5067  additional information deemed necessary by the department
 5068  division, and the reports shall be deemed public records once
 5069  filed.
 5070         (12) PROHIBITED ACTIVITIES.—
 5071         (a) A No person licensed to operate a cardroom may not
 5072  conduct any banking game or any game not specifically authorized
 5073  by this section.
 5074         (b) A No person under 18 years of age may not be permitted
 5075  to hold a cardroom or employee license, or engage in any game
 5076  conducted therein.
 5077         (c) With the exception of mechanical card shufflers, an No
 5078  electronic or mechanical device devices, except mechanical card
 5079  shufflers, may not be used to conduct any authorized game in a
 5080  cardroom.
 5081         (d) No Cards, game components, or game implements may not
 5082  be used in playing an authorized game unless such has been
 5083  furnished or provided to the players by the cardroom operator.
 5084         (13) TAXES AND OTHER PAYMENTS.—
 5085         (a) Each cardroom operator shall pay a tax to the state of
 5086  10 percent of the cardroom operation’s monthly gross receipts.
 5087         (b) An admission tax equal to 15 percent of the admission
 5088  charge for entrance to the licensee’s cardroom facility, or 10
 5089  cents, whichever is greater, is imposed on each person entering
 5090  the cardroom. This admission tax applies shall apply only if a
 5091  separate admission fee is charged for entry to the cardroom
 5092  facility. If a single admission fee is charged which authorizes
 5093  entry to both or either the pari-mutuel facility and the
 5094  cardroom facility, the admission tax shall be payable only once
 5095  and shall be payable pursuant to chapter 550. The cardroom
 5096  licensee is shall be responsible for collecting the admission
 5097  tax. An admission tax is imposed on any free passes or
 5098  complimentary cards issued to guests by licensees in an amount
 5099  equal to the tax imposed on the regular and usual admission
 5100  charge for entrance to the licensee’s cardroom facility. A
 5101  cardroom licensee may issue tax-free passes to its officers,
 5102  officials, and employees or other persons actually engaged in
 5103  working at the cardroom, including accredited press
 5104  representatives such as reporters and editors, and may also
 5105  issue tax-free passes to other cardroom licensees for the use of
 5106  their officers and officials. The licensee shall file with the
 5107  department division a list of all persons to whom tax-free
 5108  passes are issued.
 5109         (c) Payment of the admission tax and gross receipts tax
 5110  imposed by this section shall be paid to the department
 5111  division. The department division shall deposit these sums with
 5112  the Chief Financial Officer, one-half being credited to the
 5113  Pari-mutuel Wagering Trust Fund and one-half being credited to
 5114  the General Revenue Fund. The cardroom licensee shall remit to
 5115  the department division payment for the admission tax, the gross
 5116  receipts tax, and the licensee fees. Such payments shall be
 5117  remitted to the department division on the fifth day of each
 5118  calendar month for taxes and fees imposed for the preceding
 5119  month’s cardroom activities. Licensees shall file a report under
 5120  oath by the fifth day of each calendar month for all taxes
 5121  remitted during the preceding calendar month. Such report shall,
 5122  under oath, indicate the total of all admissions, the cardroom
 5123  activities for the preceding calendar month, and such other
 5124  information as may be prescribed by the department division.
 5125         (d)1. Each greyhound and jai alai permitholder that
 5126  operates a cardroom facility shall use at least 4 percent of
 5127  such permitholder’s cardroom monthly gross receipts to
 5128  supplement greyhound purses or jai alai prize money,
 5129  respectively, during the permitholder’s next ensuing pari-mutuel
 5130  meet.
 5131         2. Each thoroughbred and harness horse racing permitholder
 5132  that operates a cardroom facility shall use at least 50 percent
 5133  of such permitholder’s cardroom monthly net proceeds as follows:
 5134  47 percent to supplement purses and 3 percent to supplement
 5135  breeders’ awards during the permitholder’s next ensuing racing
 5136  meet.
 5137         3. No cardroom license or renewal thereof shall be issued
 5138  to an applicant holding a permit under chapter 550 to conduct
 5139  pari-mutuel wagering meets of quarter horse racing unless the
 5140  applicant has on file with the department division a binding
 5141  written agreement between the applicant and the Florida Quarter
 5142  Horse Racing Association or the association representing a
 5143  majority of the horse owners and trainers at the applicant’s
 5144  eligible facility, governing the payment of purses on live
 5145  quarter horse races conducted at the licensee’s pari-mutuel
 5146  facility. The agreement governing purses may direct the payment
 5147  of such purses from revenues generated by any wagering or gaming
 5148  the applicant is authorized to conduct under Florida law. All
 5149  purses shall be subject to the terms of chapter 550.
 5150         (e) The failure of any licensee to make payments as
 5151  prescribed in paragraph (c) is a violation of this section, and
 5152  the licensee may be subjected by the department division to a
 5153  civil penalty of up to $1,000 for each day the tax payment is
 5154  not remitted. All penalties imposed and collected shall be
 5155  deposited in the General Revenue Fund. If a licensee fails to
 5156  pay penalties imposed by order of the department division under
 5157  this subsection, the department division may suspend or revoke
 5158  the license of the cardroom operator or deny issuance of any
 5159  further license to the cardroom operator.
 5160         (f) The cardroom shall be deemed an accessory use to a
 5161  licensed pari-mutuel operation and, except as provided in
 5162  chapter 550, a municipality, county, or political subdivision
 5163  may not assess or collect any additional license tax, sales tax,
 5164  or excise tax on such cardroom operation.
 5165         (g) All of the moneys deposited in the Pari-mutuel Wagering
 5166  Trust Fund, except as set forth in paragraph (h), shall be
 5167  utilized and distributed in the manner specified in s.
 5168  550.135(1) and (2). However, cardroom tax revenues shall be kept
 5169  separate from pari-mutuel tax revenues and may shall not be used
 5170  for making the disbursement to counties provided in former s.
 5171  550.135(1).
 5172         (h) One-quarter of the moneys deposited into the Pari
 5173  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 5174  October 1 of each year, be distributed to the local government
 5175  that approved the cardroom under subsection (16); however, if
 5176  two or more pari-mutuel racetracks are located within the same
 5177  incorporated municipality, the cardroom funds shall be
 5178  distributed to the municipality. If a pari-mutuel facility is
 5179  situated in such a manner that it is located in more than one
 5180  county, the site of the cardroom facility shall determine the
 5181  location for purposes of disbursement of tax revenues under this
 5182  paragraph. The department division shall, by September 1 of each
 5183  year, determine: the amount of taxes deposited into the Pari
 5184  mutuel Wagering Trust Fund pursuant to this section from each
 5185  cardroom licensee; the location by county of each cardroom;
 5186  whether the cardroom is located in the unincorporated area of
 5187  the county or within an incorporated municipality; and, the
 5188  total amount to be distributed to each eligible county and
 5189  municipality.
 5190         (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
 5191         (a) The department division may deny a license or the
 5192  renewal thereof, or may suspend or revoke any license, when the
 5193  applicant has: violated or failed to comply with the provisions
 5194  of this section or any rules adopted pursuant thereto; knowingly
 5195  caused, aided, abetted, or conspired with another to cause any
 5196  person to violate this section or any rules adopted pursuant
 5197  thereto; or obtained a license or permit by fraud,
 5198  misrepresentation, or concealment; or if the holder of such
 5199  license or permit is no longer eligible under this section.
 5200         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 5201  license is suspended or revoked by the department division
 5202  pursuant to chapter 550, the department division may, but is not
 5203  required to, suspend or revoke such permitholder’s cardroom
 5204  license. If a cardroom operator’s license is suspended or
 5205  revoked pursuant to this section, the department division may,
 5206  but is not required to, suspend or revoke such licensee’s pari
 5207  mutuel permit or license.
 5208         (c) Notwithstanding any other provision of this section,
 5209  the department division may impose an administrative fine not to
 5210  exceed $1,000 for each violation against any person who has
 5211  violated or failed to comply with the provisions of this section
 5212  or any rules adopted pursuant thereto.
 5213         (15) CRIMINAL PENALTY; INJUNCTION.—
 5214         (a)1. Any person who operates a cardroom without a valid
 5215  license issued as provided in this section commits a felony of
 5216  the third degree, punishable as provided in s. 775.082, s.
 5217  775.083, or s. 775.084.
 5218         2. Any licensee or permitholder who violates any provision
 5219  of this section commits a misdemeanor of the first degree,
 5220  punishable as provided in s. 775.082 or s. 775.083. Any licensee
 5221  or permitholder who commits a second or subsequent violation of
 5222  the same paragraph or subsection within a period of 3 years from
 5223  the date of a prior conviction for a violation of such paragraph
 5224  or subsection commits a felony of the third degree, punishable
 5225  as provided in s. 775.082, s. 775.083, or s. 775.084.
 5226         (b) The department division, any state attorney, the
 5227  statewide prosecutor, or the Attorney General may apply for a
 5228  temporary or permanent injunction restraining further violation
 5229  of this section, and such injunction shall issue without bond.
 5230         (16) LOCAL GOVERNMENT APPROVAL.—The department may Division
 5231  of Pari-mutuel Wagering shall not issue any initial license
 5232  under this section except upon proof in such form as the
 5233  department division may prescribe that the local government
 5234  where the applicant for such license desires to conduct cardroom
 5235  gaming has voted to approve such activity by a majority vote of
 5236  the governing body of the municipality or the governing body of
 5237  the county if the facility is not located in a municipality.
 5238         (17) CHANGE OF LOCATION; REFERENDUM.—
 5239         (a) Notwithstanding any provisions of this section, no
 5240  cardroom gaming license issued under this section shall be
 5241  transferred, or reissued when such reissuance is in the nature
 5242  of a transfer, so as to permit or authorize a licensee to change
 5243  the location of the cardroom except upon proof in such form as
 5244  the department division may prescribe that a referendum election
 5245  has been held:
 5246         1. If the proposed new location is within the same county
 5247  as the already licensed location, in the county where the
 5248  licensee desires to conduct cardroom gaming and that a majority
 5249  of the electors voting on the question in such election voted in
 5250  favor of the transfer of such license. However, the department
 5251  division shall transfer, without requirement of a referendum
 5252  election, the cardroom license of any permitholder that
 5253  relocated its permit pursuant to s. 550.0555.
 5254         2. If the proposed new location is not within the same
 5255  county as the already licensed location, in the county where the
 5256  licensee desires to conduct cardroom gaming and that a majority
 5257  of the electors voting on that question in each such election
 5258  voted in favor of the transfer of such license.
 5259         (b) The expense of each referendum held under the
 5260  provisions of this subsection shall be borne by the licensee
 5261  requesting the transfer.
 5262         Section 74. Section 849.094, Florida Statutes, is amended
 5263  to read:
 5264         849.094 Game promotion in connection with sale of consumer
 5265  products or services.—
 5266         (1) As used in this section, the term:
 5267         (a) “Department” means the Department of Gaming Control.
 5268         (b)(a) “Game promotion” means, but is not limited to, a
 5269  contest, game of chance, or gift enterprise, conducted within or
 5270  throughout the state and other states in connection with the
 5271  sale of consumer products or services, and in which the elements
 5272  of chance and prize are present. However, the term does not
 5273  “game promotion” shall not be construed to apply to bingo games
 5274  conducted pursuant to s. 849.0931.
 5275         (c)(b) “Operator” means any person, firm, corporation, or
 5276  association or agent or employee thereof who promotes, operates,
 5277  or conducts a game promotion, except any charitable nonprofit
 5278  organization.
 5279         (2) It is unlawful for any operator:
 5280         (a) To design, engage in, promote, or conduct such a game
 5281  promotion, in connection with the promotion or sale of consumer
 5282  products or services, wherein the winner may be predetermined or
 5283  the game may be manipulated or rigged so as to:
 5284         1. Allocate a winning game or any portion thereof to
 5285  certain lessees, agents, or franchises; or
 5286         2. Allocate a winning game or part thereof to a particular
 5287  period of the game promotion or to a particular geographic area;
 5288         (b) Arbitrarily to remove, disqualify, disallow, or reject
 5289  any entry;
 5290         (c) To fail to award prizes offered;
 5291         (d) To print, publish, or circulate literature or
 5292  advertising material used in connection with such game
 5293  promotions which is false, deceptive, or misleading; or
 5294         (e) To require an entry fee, payment, or proof of purchase
 5295  as a condition of entering a game promotion.
 5296         (3) The operator of a game promotion in which the total
 5297  announced value of the prizes offered is greater than $5,000
 5298  shall file with the Department of Gaming Control Agriculture and
 5299  Consumer Services a copy of the rules and regulations of the
 5300  game promotion and a list of all prizes and prize categories
 5301  offered at least 7 days before the commencement of the game
 5302  promotion. Such rules and regulations may not thereafter be
 5303  changed, modified, or altered. The operator of a game promotion
 5304  shall conspicuously post the rules and regulations of such game
 5305  promotion in each and every retail outlet or place where such
 5306  game promotion may be played or participated in by the public
 5307  and shall also publish the rules and regulations in all
 5308  advertising copy used in connection therewith. However, such
 5309  advertising copy need only include the material terms of the
 5310  rules and regulations if the advertising copy includes a website
 5311  address, a toll-free telephone number, or a mailing address
 5312  where the full rules and regulations may be viewed, heard, or
 5313  obtained for the full duration of the game promotion. Such
 5314  disclosures must be legible. Radio and television announcements
 5315  may indicate that the rules and regulations are available at
 5316  retail outlets or from the operator of the promotion. A
 5317  nonrefundable filing fee of $100 shall accompany each filing and
 5318  shall be used to pay the costs incurred in administering and
 5319  enforcing the provisions of this section.
 5320         (4)(a) Every operator of such a game promotion in which the
 5321  total announced value of the prizes offered is greater than
 5322  $5,000 shall establish a trust account, in a national or state
 5323  chartered financial institution, with a balance sufficient to
 5324  pay or purchase the total value of all prizes offered. On a form
 5325  supplied by the Department of Gaming Control Agriculture and
 5326  Consumer Services, an official of the financial institution
 5327  holding the trust account shall set forth the dollar amount of
 5328  the trust account, the identity of the entity or individual
 5329  establishing the trust account, and the name of the game
 5330  promotion for which the trust account has been established. Such
 5331  form shall be filed with the Department of Gaming Control
 5332  Agriculture and Consumer Services at least 7 days in advance of
 5333  the commencement of the game promotion. In lieu of establishing
 5334  such trust account, the operator may obtain a surety bond in an
 5335  amount equivalent to the total value of all prizes offered; and
 5336  such bond shall be filed with the Department of Gaming Control
 5337  Agriculture and Consumer Services at least 7 days in advance of
 5338  the commencement of the game promotion.
 5339         1. The moneys held in the trust account may be withdrawn in
 5340  order to pay the prizes offered only upon certification to the
 5341  Department of Gaming Control Agriculture and Consumer Services
 5342  of the name of the winner or winners and the amount of the prize
 5343  or prizes and the value thereof.
 5344         2. If the operator of a game promotion has obtained a
 5345  surety bond in lieu of establishing a trust account, the amount
 5346  of the surety bond shall equal at all times the total amount of
 5347  the prizes offered.
 5348         (b) The Department of Gaming Control Agriculture and
 5349  Consumer Services may waive the provisions of this subsection
 5350  for any operator who has conducted game promotions in the state
 5351  for not less than 5 consecutive years and who has not had any
 5352  civil, criminal, or administrative action instituted against him
 5353  or her by the state or an agency of the state for violation of
 5354  this section within that 5-year period. Such waiver may be
 5355  revoked upon the commission of a violation of this section by
 5356  such operator, as determined by the Department of Gaming Control
 5357  Agriculture and Consumer Services.
 5358         (5) Every operator of a game promotion in which the total
 5359  announced value of the prizes offered is greater than $5,000
 5360  shall provide the Department of Gaming Control Agriculture and
 5361  Consumer Services with a certified list of the names and
 5362  addresses of all persons, whether from this state or from
 5363  another state, who have won prizes which have a value of more
 5364  than $25, the value of such prizes, and the dates when the
 5365  prizes were won within 60 days after such winners have been
 5366  finally determined. The operator shall provide a copy of the
 5367  list of winners, without charge, to any person who requests it.
 5368  In lieu of the foregoing, the operator of a game promotion may,
 5369  at his or her option, publish the same information about the
 5370  winners in a Florida newspaper of general circulation within 60
 5371  days after such winners have been determined and shall provide
 5372  to the Department of Gaming Control Agriculture and Consumer
 5373  Services a certified copy of the publication containing the
 5374  information about the winners. The operator of a game promotion
 5375  is not required to notify a winner by mail or by telephone when
 5376  the winner is already in possession of a game card from which
 5377  the winner can determine that he or she has won a designated
 5378  prize. All winning entries shall be held by the operator for a
 5379  period of 90 days after the close or completion of the game.
 5380         (6) The Department of Gaming Control Agriculture and
 5381  Consumer Services shall keep the certified list of winners for a
 5382  period of at least 6 months after receipt of the certified list.
 5383  The department thereafter may dispose of all records and lists.
 5384         (7) No operator shall force, directly or indirectly, a
 5385  lessee, agent, or franchise dealer to purchase or participate in
 5386  any game promotion. For the purpose of this section, coercion or
 5387  force shall be presumed in these circumstances in which a course
 5388  of business extending over a period of 1 year or longer is
 5389  materially changed coincident with a failure or refusal of a
 5390  lessee, agent, or franchise dealer to participate in such game
 5391  promotions. Such force or coercion shall further be presumed
 5392  when an operator advertises generally that game promotions are
 5393  available at its lessee dealers or agent dealers.
 5394         (8)(a) The Department of Gaming Control Agriculture and
 5395  Consumer Services shall have the power to promulgate such rules
 5396  and regulations respecting the operation of game promotions as
 5397  it may deem advisable.
 5398         (b) Whenever the Department of Gaming Control Agriculture
 5399  and Consumer Services or the Department of Legal Affairs has
 5400  reason to believe that a game promotion is being operated in
 5401  violation of this section, it may bring an action in the circuit
 5402  court of any judicial circuit in which the game promotion is
 5403  being operated in the name and on behalf of the people of the
 5404  state against any operator thereof to enjoin the continued
 5405  operation of such game promotion anywhere within the state.
 5406         (9)(a) Any person, firm, or corporation, or association or
 5407  agent or employee thereof, who engages in any acts or practices
 5408  stated in this section to be unlawful, or who violates any of
 5409  the rules and regulations made pursuant to this section, is
 5410  guilty of a misdemeanor of the second degree, punishable as
 5411  provided in s. 775.082 or s. 775.083.
 5412         (b) Any person, firm, corporation, association, agent, or
 5413  employee who violates any provision of this section or any of
 5414  the rules and regulations made pursuant to this section shall be
 5415  liable for a civil penalty of not more than $1,000 for each such
 5416  violation, which shall accrue to the state and may be recovered
 5417  in a civil action brought by the Department of Gaming Control
 5418  Agriculture and Consumer Services or the Department of Legal
 5419  Affairs.
 5420         (10) This section does not apply to actions or transactions
 5421  regulated by the Department of Business and Professional
 5422  Regulation or to the activities of nonprofit organizations or to
 5423  any other organization engaged in any enterprise other than the
 5424  sale of consumer products or services. Subsections (3), (4),
 5425  (5), (6), and (7) and paragraph (8)(a) and any of the rules made
 5426  pursuant thereto do not apply to television or radio
 5427  broadcasting companies licensed by the Federal Communications
 5428  Commission.
 5429         Section 75. This act shall take effect October 1, 2011.
 5430  
 5431  
 5432  ================= T I T L E  A M E N D M E N T ================
 5433         And the title is amended as follows:
 5434         Delete everything before the enacting clause
 5435  and insert:
 5436                        A bill to be entitled                      
 5437         An act relating to governmental reorganization;
 5438         transferring and reassigning certain functions and
 5439         responsibilities, including records, personnel,
 5440         property, and unexpended balances of appropriations
 5441         and other resources, from the Division of Pari-mutuel
 5442         Wagering of the Department of Business and
 5443         Professional Regulation to the Department of Gaming
 5444         Control; transferring certain trust funds from the
 5445         Department of Business and Professional Regulation to
 5446         the Department of Gaming Control; amending s. 11.905,
 5447         F.S.; providing for the review of the Department of
 5448         Gaming Control; amending s. 20.165, F.S.; deleting the
 5449         Division of Pari-mutuel Wagering within the Department
 5450         of Business and Professional Regulation; creating s.
 5451         20.318, F.S.; establishing the Department of Gaming
 5452         Control; designating the Governor and Cabinet as the
 5453         Gaming Commission and head of the department; defining
 5454         terms; specifying powers and duties of the department;
 5455         authorizing the department to take testimony;
 5456         authorizing the department to exclude persons from
 5457         certain gaming establishments; authorizing the
 5458         department to conduct investigations and collect
 5459         fines; requiring the department to issue advisory
 5460         opinions under certain circumstances; authorizing the
 5461         department to employ law enforcement officers;
 5462         requiring the department to assist the Department of
 5463         Revenue for the benefit of financially dependent
 5464         children; amending s. 120.80, F.S.; deleting certain
 5465         exceptions and special requirements regarding hearings
 5466         applicable to the Department of Business and
 5467         Professional Regulation; creating certain exceptions
 5468         and special requirements regarding hearings within the
 5469         Department of Gaming Control; amending s. 285.710,
 5470         F.S.; providing that the Department of Gaming Control
 5471         is the state compliance agency for purposes of the
 5472         Indian Gaming Compact; amending s. 455.116, F.S.;
 5473         removing a trust fund from the Department of Business
 5474         and Professional Regulation; amending ss. 550.002,
 5475         550.0115, 550.01215, 550.0235, 550.0251, 550.0351,
 5476         550.054, 550.0555, 550.0651, 550.0745, 550.0951,
 5477         550.09511, 550.09512, 550.09514, 550.09515, 550.105,
 5478         550.1155, 550.125, 550.135, 550.155, 550.1648,
 5479         550.175, 550.1815, 550.24055, 550.2415, 550.2614,
 5480         550.26165, 550.2625, 550.26352, 550.2704, 550.334,
 5481         550.3345, 550.3355, 550.3551, 550.3615, 550.375,
 5482         550.495, 550.505, 550.5251, 550.625, 550.6305,
 5483         550.6308, 550.70, 550.902, and 550.907, F.S.;
 5484         conforming provisions to the transfer of the
 5485         regulation of pari-mutuel wagering from the Department
 5486         of Business and Professional Regulation to the
 5487         Department of Gaming Control; deleting obsolete
 5488         provisions; conforming cross-references; amending ss.
 5489         551.102, 551.103, 551.104, 551.1045, 551.105, 551.106,
 5490         551.107, 551.108, 551.109, 551.112, 551.114, 551.117,
 5491         551.118, 551.121, 551.122, and 551.123, F.S.;
 5492         conforming provisions to the transfer of the
 5493         regulation of slot machines from the Department of
 5494         Business and Professional Regulation to the Department
 5495         of Gaming Control; deleting obsolete provisions;
 5496         conforming cross-references; amending s. 565.02, F.S.;
 5497         providing for the licensure of caterers at a horse or
 5498         dog racetrack or jai alai fronton by the Department of
 5499         Gaming Control; amending s. 616.09, F.S.; providing
 5500         for the Department of Gaming Control or the Department
 5501         of Legal Affairs, to prosecute a fair association for
 5502         illegal gambling activities; amending s. 616.241,
 5503         F.S.; adding the Department of Gaming Control to the
 5504         list of entities authorized to enforce the
 5505         prohibitions against having certain games at
 5506         interstate fairs and specialized shows; amending s.
 5507         817.37, F.S.; providing for the enforcement of
 5508         prohibitions against touting by the Department of
 5509         Gaming Control; amending s. 849.086, F.S.; providing
 5510         for the regulation of cardrooms by the Department of
 5511         Gaming Control; amending s. 849.094, F.S.; providing
 5512         for the regulation of game promotions by the
 5513         Department of Gaming Control, rather than the
 5514         Department of Agriculture and Consumer Services;
 5515         deleting a reference to charitable nonprofit
 5516         organizations; deleting a reference to the Department
 5517         of Business and Professional Regulation to conform to
 5518         changes made by the act; providing an effective date.