Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 7080
       
       
       
       
       
       
                                Ì601528,Î601528                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2021           .                                
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment to Amendment (527596) 
    2  
    3         Delete lines 189 - 295
    4  and insert:
    5  there is no objection from any operating permitholder that is
    6  conducting live racing or games and that is located within 50
    7  miles of the permitholder requesting the changes in operating
    8  dates. In the event of an objection, the division shall approve
    9  or disapprove the change in operating dates based upon the
   10  impact on operating permitholders located within 50 miles of the
   11  permitholder requesting the change in operating dates. In making
   12  the determination to change racing dates, the division shall
   13  take into consideration the impact of such changes on state
   14  revenues. Notwithstanding any other provision of law, and for
   15  the 2021-2022 state fiscal year only, the division may approve
   16  changes in operating dates for a jai alai permitholder, harness
   17  horse racing permitholder, or quarter horse racing permitholder
   18  if the request for such changes is received before July 1, 2021.
   19         (4) In the event that a permitholder fails to operate all
   20  performances specified on its license at the date and time
   21  specified, the division shall hold a hearing to determine
   22  whether to fine or suspend the permitholder’s license, unless
   23  such failure was the direct result of fire, strike, war, or
   24  other disaster or event beyond the ability of the permitholder
   25  to control. Financial hardship to the permitholder shall not, in
   26  and of itself, constitute just cause for failure to operate all
   27  performances on the dates and at the times specified.
   28         (5) In the event that performances licensed to be operated
   29  by a permitholder are vacated, abandoned, or will not be used
   30  for any reason, any permitholder shall be entitled, pursuant to
   31  rules adopted by the division, to apply to conduct performances
   32  on the dates for which the performances have been abandoned. The
   33  division shall issue an amended license for all such replacement
   34  performances which have been requested in compliance with the
   35  provisions of this chapter and division rules.
   36         (6)Any permit which was converted from a jai alai permit
   37  to a greyhound permit may be converted to a jai alai permit at
   38  any time if the permitholder never conducted greyhound racing or
   39  if the permitholder has not conducted greyhound racing for a
   40  period of 12 consecutive months.
   41         Section 4. Section 550.0235, Florida Statutes, is amended
   42  to read:
   43         550.0235 Limitation of civil liability.—No permitholder
   44  licensed to conduct pari-mutuel wagering permittee conducting a
   45  racing meet pursuant to the provisions of this chapter; no
   46  division director or employee of the division; and no steward,
   47  judge, or other person appointed to act pursuant to this chapter
   48  shall be held liable to any person, partnership, association,
   49  corporation, or other business entity for any cause whatsoever
   50  arising out of, or from, the performance by such permittee,
   51  director, employee, steward, judge, or other person of her or
   52  his duties and the exercise of her or his discretion with
   53  respect to the implementation and enforcement of the statutes
   54  and rules governing the conduct of pari-mutuel wagering, so long
   55  as she or he acted in good faith. This section shall not limit
   56  liability in any situation in which the negligent maintenance of
   57  the premises or the negligent conduct of a race contributed to
   58  an accident; nor shall it limit any contractual liability.
   59         Section 5. Subsections (1) and (7) of section 550.0351,
   60  Florida Statutes, are amended to read:
   61         550.0351 Charity racing days.—
   62         (1) The division shall, upon the request of a permitholder,
   63  authorize each horseracing permitholder, dogracing permitholder,
   64  and jai alai permitholder up to five charity or scholarship days
   65  in addition to the regular racing days authorized by law.
   66         (7)In addition to the charity days authorized by this
   67  section, any dogracing permitholder may allow its facility to be
   68  used for conducting “hound dog derbies” or “mutt derbies” on any
   69  day during each racing season by any charitable, civic, or
   70  nonprofit organization for the purpose of conducting “hound dog
   71  derbies” or “mutt derbies” if only dogs other than those usually
   72  used in dogracing (greyhounds) are permitted to race and if
   73  adults and minors are allowed to participate as dog owners or
   74  spectators. During these racing events, betting, gambling, and
   75  the sale or use of alcoholic beverages is prohibited.
   76         Section 6. Subsection (4) of section 550.0425, Florida
   77  Statutes, is amended to read:
   78         550.0425 Minors attendance at pari-mutuel performances;
   79  restrictions.—
   80         (4)Minor children of licensed greyhound trainers, kennel
   81  operators, or other licensed persons employed in the kennel
   82  compound areas may be granted access to kennel compound areas
   83  without being licensed, provided they are in no way employed
   84  unless properly licensed, and only when under the direct
   85  supervision of one of their parents or legal guardian.
   86         Section 7. Subsections (2) and (14) of section 550.054,
   87  Florida Statutes, are amended to read:
   88         550.054 Application for permit to conduct pari-mutuel
   89  wagering.—
   90         (2) Upon each application filed and approved, a permit
   91  shall be issued to the applicant setting forth the name of the
   92  permitholder, the location of the pari-mutuel facility, the type
   93  of pari-mutuel activity desired to be conducted, and a statement
   94  showing qualifications of the applicant to conduct pari-mutuel
   95  performances under this chapter; however, a permit is
   96  ineffectual to authorize any pari-mutuel performances until
   97  approved by a majority of the electors participating in a
   98  ratification election in the county in which the applicant
   99  proposes to conduct pari-mutuel wagering activities. In
  100  addition, an application may not be considered, nor may a permit
  101  be issued by the division or be voted upon in any county, to
  102  conduct horseraces, harness horse races, or pari-mutuel wagering
  103  dograces at a location within 100 miles of an existing pari
  104  mutuel facility, or for jai alai within 50 miles of an existing
  105  pari-mutuel facility; this distance shall be measured on a
  106  straight line from the nearest property line of one pari-mutuel
  107  facility to the nearest property line of the other facility.
  108         (14)(a) Notwithstanding any other provision of law, a
  109  permit for the operation of a pari-mutuel facility, cardroom, or
  110  slot machine facility may only be held by permitholders with
  111  permits on January 1, 2021, and new permits may not be approved
  112  or issued after January 1, 2021.