Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 590

072278

580-04088A-08

Proposed Committee Substitute by the Committee on Regulated

Industries

A bill to be entitled

An act relating to pari-mutuel wagering; amending s.

550.01215, F.S.; deleting an exception to requirements for

the Division of Pari-mutuel Wagering with respect to

issuing licenses; amending s. 550.0251, F.S.; requiring

the division to adopt rules governing the humane treatment

of racing animals at pari-mutuel facilities; amending s.

550.0951, F.S.; providing for monthly payments of the

daily license fee and taxes; amending s. 550.09511, F.S.;

deleting provisions requiring a biweekly period for the

payment of jai alai taxes; amending s. 550.09514, F.S.;

deleting provisions requiring a biweekly period for the

payment of greyhound dogracing taxes; amending s. 550.105,

F.S.; revising provisions requiring certain persons to

purchase a 3-year occupational license; providing for

license fees to be set by rule of the division; defining

the term "convicted" for purposes of licensing provisions;

providing for the validity of a temporary occupational

license; deleting certain signature requirements; amending

s. 550.2415, F.S.; requiring that the division adopt rules

for the welfare of racing animals; providing that a

penalty imposed by the division does not prohibit criminal

prosecution for cruelty to animals; amending s. 550.5251,

F.S.; deleting the annual thoroughbred race dates for

specified permitholders; establishing racing dates for

thoroughbred meets; deleting provisions requiring summer

thoroughbred horse racing permits; deleting expired permit

provisions for the 2001-2002 thoroughbred licenses;

deleting expired provisions relating to failure to operate

all thoroughbred performances; amending s. 551.106, F.S.;

providing for monthly payments of the tax on slot machine

revenues; repealing s. 550.3605, F.S., relating to a

requirement for a permit in order to use electronic

transmitting equipment at a pari-mutuel facility;

repealing s. 550.71, F.S., relating to the operation of

chapter 96-364, Laws of Florida; amending ss. 772.102 and

895.02, F.S., relating to civil and criminal penalty

provisions; conforming cross-references; providing an

effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (3) of section 550.01215, Florida

Statutes, is amended to read:

550.01215 License application; periods of operation; bond,

conversion of permit.--

(3) Except as provided in s. 550.5251 for thoroughbred

racing, The division shall issue each license no later than March

15. Each permitholder shall operate all performances at the date

and time specified on its license. The division shall have the

authority to approve minor changes in racing dates after a

license has been issued. The division may approve changes in

racing dates after a license has been issued when there is no

objection from any operating permitholder located within 50 miles

of the permitholder requesting the changes in operating dates. In

the event of an objection, the division shall approve or

disapprove the change in operating dates based upon the impact on

operating permitholders located within 50 miles of the

permitholder requesting the change in operating dates. In making

the determination to change racing dates, the division shall take

into consideration the impact of such changes on state revenues.

Section 2. Subsection (11) of section 550.0251, Florida

Statutes, is amended to read:

550.0251 The powers and duties of the Division of Pari-

mutuel Wagering of the Department of Business and Professional

Regulation.--The division shall administer this chapter and

regulate the pari-mutuel industry under this chapter and the

rules adopted pursuant thereto, and:

(11) The division shall supervise and regulate the welfare

of racing animals at pari-mutuel facilities. The division shall

adopt rules for the humane treatment of racing animals at pari-

mutuel facilities. The division shall inspect any area at a pari-

mutuel facility where racing animals are housed or maintained,

including any areas where food, medications, or other supplies

are kept.

Section 3. Paragraph (b) of subsection (1) and subsection

(5) of section 550.0951, Florida Statutes, are amended to read:

550.0951 Payment of daily license fee and taxes;

penalties.--

(1)

(b) Each permitholder that cannot utilize the full amount

of the exemption of $360,000 or $500,000 provided in s.

550.09514(1) or the daily license fee credit provided in this

section may, after notifying the division in writing, elect once

per state fiscal year on a form provided by the division to

transfer such exemption or credit or any portion thereof to any

greyhound permitholder which acts as a host track to such

permitholder for the purpose of intertrack wagering. Once an

election to transfer such exemption or credit is filed with the

division, it shall not be rescinded. The division shall

disapprove the transfer when the amount of the exemption or

credit or portion thereof is unavailable to the transferring

permitholder or when the permitholder who is entitled to transfer

the exemption or credit or who is entitled to receive the

exemption or credit owes taxes to the state pursuant to a

deficiency letter or administrative complaint issued by the

division. Upon approval of the transfer by the division, the

transferred tax exemption or credit shall be effective for the

first performance of the next payment biweekly pay period as

100

specified in subsection (5). The exemption or credit transferred

101

to such host track may be applied by such host track against any

102

taxes imposed by this chapter or daily license fees imposed by

103

this chapter. The greyhound permitholder host track to which such

104

exemption or credit is transferred shall reimburse such

105

permitholder the exact monetary value of such transferred

106

exemption or credit as actually applied against the taxes and

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daily license fees of the host track. The division shall ensure

108

that all transfers of exemption or credit are made in accordance

109

with this subsection and shall have the authority to adopt rules

110

to ensure the implementation of this section.

111

(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.--Payments

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Payment for the admission tax, tax on handle, and the breaks tax

113

imposed by this section shall be paid to the division. The

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division shall deposit these sums with the Chief Financial

115

Officer, to the credit of the Pari-mutuel Wagering Trust Fund,

116

hereby established. The permitholder shall remit to the division

117

payment for the daily license fee, the admission tax, and the tax

118

on handle, and the breaks tax. Such payments shall be remitted by

119

3 p.m. on the 5th day of each calendar month Wednesday of each

120

week for taxes imposed and collected for the preceding calendar

121

month week ending on Sunday. If the 5th day of the calendar month

122

falls on a weekend, payments shall be remitted by 3 p.m. the

123

first Monday following the weekend. Permitholders shall file a

124

report under oath by the 5th day of each calendar month for all

125

taxes remitted during the preceding calendar month. Such payments

126

shall be accompanied by a report under oath showing the total of

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all admissions, the pari-mutuel wagering activities for the

128

preceding calendar month, and such other information as may be

129

prescribed by the division.

130

Section 4. Paragraph (e) of subsection (2) and paragraph

131

(b) of subsection (3) of section 550.09511, Florida Statutes, are

132

amended to read:

133

550.09511 Jai alai taxes; abandoned interest in a permit

134

for nonpayment of taxes.--

135

(2) Notwithstanding the provisions of s. 550.0951(3)(b),

136

wagering on live jai alai performances shall be subject to the

137

following taxes:

138

(e) The payment of taxes pursuant to paragraphs (b), (c),

139

and (d) shall be calculated and commence beginning the day after

140

the biweekly period in which the permitholder is first entitled

141

to the reduced rate specified in this section and the report of

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taxes required by s. 550.0951(5) is submitted to the division.

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(3)

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(b) The payment of taxes pursuant to paragraph (a) shall be

145

calculated and commence beginning the day after the biweekly

146

period in which the permitholder is first entitled to the reduced

147

rate specified in this subsection.

148

Section 5. Subsection (1) of section 550.09514, Florida

149

Statutes, is amended to read:

150

550.09514 Greyhound dogracing taxes; purse requirements.--

151

(1) Wagering on greyhound racing is subject to a tax on

152

handle for live greyhound racing as specified in s. 550.0951(3).

153

However, each permitholder shall pay no tax on handle until such

154

time as this subsection has resulted in a tax savings per state

155

fiscal year of $360,000. Thereafter, each permitholder shall pay

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the tax as specified in s. 550.0951(3) on all handle for the

157

remainder of the permitholder's current race meet, and the tax

158

must be calculated and commence beginning the day after the

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biweekly period in which the permitholder reaches the maximum tax

160

savings per state fiscal year provided in this section. For the

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three permitholders that conducted a full schedule of live racing

162

in 1995, and are closest to another state that authorizes

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greyhound pari-mutuel wagering, the maximum tax savings per state

164

fiscal year shall be $500,000. The provisions of this subsection

165

relating to tax exemptions shall not apply to any charity or

166

scholarship performances conducted pursuant to s. 550.0351.

167

Section 6. Subsection (1), paragraph (a) of subsection (2),

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paragraph (d) of subsection (5), and subsections (6) and (10) of

169

section 550.105, Florida Statutes, are amended, present paragraph

170

(e) of subsection (5) of that section is redesignated as

171

paragraph (f), and a new paragraph (e) is added to that

172

subsection, to read:

173

550.105 Occupational licenses of racetrack employees; fees;

174

denial, suspension, and revocation of license; penalties and

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fines.--

176

(1)(a) Each person connected with a racetrack or jai alai

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fronton, as specified in paragraph (2)(a), shall purchase from

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the division an annual occupational license, which license is

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valid from May 1 until June 30 of the following year. All moneys

180

collected pursuant to this section each fiscal year shall be

181

deposited into the Pari-mutuel Wagering Trust Fund. Any person

182

may, at her or his option and pursuant to the rules adopted by

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the division, purchase an occupational license valid for a period

184

of 3 years if the purchaser of the license pays the full

185

occupational license fee for each of the years for which the

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license is purchased at the time the 3-year license is requested.

187

The occupational license shall be valid during its specified term

188

at any pari-mutuel facility.

189

(b) Pursuant to rules adopted by the division, any person

190

may apply for and, if qualified, be issued an occupational

191

license valid for a period of 3 years upon payment of the

192

occupational license fee. The occupational license is valid

193

during its specified term at any licensed pari-mutuel facility.

194

195

and annual renewal shall be determined by rule of the division,

196

but may not exceed $10 for a general license, $40 for a

197

professional individual occupational license, and $50 for a

198

business occupational license.

199

(2)(a) The following licenses shall be issued to persons or

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entities with access to the backside, racing animals, jai alai

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players' room, jockeys' room, drivers' room, totalisator room,

202

the mutuels, or money room, or to persons who, by virtue of the

203

position they hold, might be granted access to these areas or to

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any other person or entity in one of the following categories and

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with scheduled annual fees as follows:

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1. Business licenses: any business such as a vendor,

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contractual concessionaire, contract kennel, business owning

208

racing animals, trust or estate, totalisator company, stable

209

name, or other fictitious name: $50.

210

2. Professional occupational licenses: professional persons

211

with access to the backside of a racetrack or players' quarters

212

in jai alai such as trainers, officials, veterinarians, doctors,

213

nurses, EMT's, jockeys and apprentices, drivers, jai alai

214

players, owners, trustees, or any management or officer or

215

director or shareholder or any other professional-level person

216

who might have access to the jockeys' room, the drivers' room,

217

the backside, racing animals, kennel compound, or managers or

218

supervisors requiring access to mutuels machines, the money room,

219

or totalisator equipment: $40.

220

3. General occupational licenses: general employees with

221

access to the jockeys' room, the drivers' room, racing animals,

222

the backside of a racetrack or players' quarters in jai alai,

223

such as grooms, kennel helpers, leadouts, pelota makers, cesta

224

makers, or ball boys, or a practitioner of any other occupation

225

who would have access to the animals, the backside, or the kennel

226

compound, or who would provide the security or maintenance of

227

these areas, or mutuel employees, totalisator employees, money-

228

room employees, or any employee with access to mutuels machines,

229

the money room, or totalisator equipment or who would provide the

230

security or maintenance of these areas: $10.

231

232

The individuals and entities that are licensed under this

233

paragraph require heightened state scrutiny, including the

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submission by the individual licensees or persons associated with

235

the entities described in this chapter of fingerprints for a

236

Federal Bureau of Investigation criminal records check.

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(5)

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(d) If an occupational license will expire by division rule

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during the period of a suspension the division intends to impose,

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or if a license would have expired but for pending administrative

241

charges and the occupational licensee is found to be in violation

242

of any of the charges, the license may be revoked and a time

243

period of license ineligibility may be declared. The division may

244

bring administrative charges against any person not holding a

245

current license for violations of statutes or rules which

246

occurred while such person held an occupational license, and the

247

division may declare such person ineligible to hold a license for

248

a period of time. The division may impose a civil fine of up to

249

$1,000 for each violation of this chapter or the rules of the

250

division in addition to or in lieu of any other penalty provided

251

for in this section. In addition to any other penalty provided by

252

law, the division may exclude from all pari-mutuel facilities in

253

this state, for a period not to exceed the period of suspension,

254

revocation, or ineligibility, any person whose occupational

255

license application has been denied by the division, who has been

256

declared ineligible to hold an occupational license, or whose

257

occupational license has been suspended or revoked by the

258

division.

259

(e) For purposes of this subsection, the term "convicted"

260

means having been found guilty, with or without adjudication of

261

guilt, as a result of a jury verdict, nonjury trial, or entry of

262

a plea of guilty or nolo contendere.

263

(6) In order to promote the orderly presentation of pari-

264

mutuel meets authorized in this chapter, the division may issue a

265

temporary occupational license. The division shall adopt rules to

266

implement this subsection. However, a no temporary occupational

267

license is shall be valid only until such time as the licensee's

268

application is granted or denied by the division for more than 30

269

days, and no more than one temporary license may be issued for

270

any person in any year.

271

(10) Upon application for an occupational license, the

272

division may require the applicant's full legal name; any

273

nickname, alias, or maiden name for the applicant; name of the

274

applicant's spouse; the applicant's date of birth, residence

275

address, mailing address, residence address and business phone

276

number, and social security number; disclosure of any felony or

277

any conviction involving bookmaking, illegal gambling, or cruelty

278

to animals; disclosure of any past or present enforcement or

279

actions by any racing or gaming agency against the applicant; and

280

any information the division determines is necessary to establish

281

the identity of the applicant or to establish that the applicant

282

is of good moral character. Fingerprints shall be taken in a

283

manner approved by the division and then shall be submitted to

284

the Federal Bureau of Investigation, or to the association of

285

state officials regulating pari-mutuel wagering pursuant to the

286

Federal Pari-mutuel Licensing Simplification Act of 1988. The

287

cost of processing fingerprints shall be borne by the applicant

288

and paid to the association of state officials regulating pari-

289

mutuel wagering from the trust fund to which the processing fees

290

are deposited. The division shall require each applicant for an

291

occupational license to have the applicant's signature witnessed

292

and notarized or signed in the presence of a division official.

293

The division, by rule, may require additional information from

294

licensees which is reasonably necessary to regulate the industry.

295

The division may, by rule, exempt certain occupations or groups

296

of persons from the fingerprinting requirements.

297

Section 7. Paragraphs (a) and (d) of subsection (6) of

298

section 550.2415, Florida Statutes, are amended to read:

299

550.2415 Racing of animals under certain conditions

300

prohibited; penalties; exceptions.--

301

(6)(a) It is the intent of the Legislature that animals

302

that participate in races in this state on which pari-mutuel

303

wagering is conducted and animals that are bred and trained in

304

this state for racing be treated humanely, both on and off

305

racetracks, throughout the lives of the animals. The division

306

shall adopt rules for the supervision and regulation of the

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welfare of racing animals at pari-mutuel facilities.

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(d) Any act committed by a licensee which would constitute

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A conviction of cruelty to animals as defined by s. 828.02 and

310

pursuant to s. 828.12 involving any a racing animal constitutes a

311

violation of this chapter. Imposition of a penalty by the

312

division for violation of this chapter or any rule adopted by the

313

division pursuant to this chapter shall not prohibit a criminal

314

prosecution for cruelty to animals.

315

Section 8. Section 550.5251, Florida Statutes, is amended

316

to read:

317

550.5251 Florida thoroughbred racing; certain permits;

318

operating days.--

319

(1) Each thoroughbred permitholder under whose permit

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thoroughbred racing was conducted in this state at any time

321

between January 1, 1987, and January 1, 1988, shall annually be

322

entitled to apply for and annually receive thoroughbred racing

323

days and dates as set forth in this section. As regards such

324

permitholders, the annual thoroughbred racing season shall be

325

from June 1 of any year through May 31 of the following year and

326

shall be known as the "Florida Thoroughbred Racing Season."

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(1)(2) Each permitholder referred to in subsection (1)

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shall annually, during the period commencing December 15 of each

329

year and ending January 4 of the following year, file in writing

330

with the division its application to conduct one or more

331

thoroughbred racing meetings during the thoroughbred racing

332

season commencing on the following July June 1. Each application

333

shall specify the number and dates of all performances that the

334

permitholder intends to conduct during that thoroughbred racing

335

season. On or before March February 15 of each year, the division

336

shall issue a license authorizing each permitholder to conduct

337

performances on the dates specified in its application. Up to

338

February 28 March 31 of each year, each permitholder may request

339

and shall be granted changes in its authorized performances; but

340

thereafter, as a condition precedent to the validity of its

341

license and its right to retain its permit, each permitholder

342

must operate the full number of days authorized on each of the

343

dates set forth in its license.

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(3) Each thoroughbred permit referred to in subsection (1),

345

including, but not limited to, any permit originally issued as a

346

summer thoroughbred horse racing permit, is hereby validated and

347

shall continue in full force and effect.

348

(2)(4) A thoroughbred racing permitholder may not begin any

349

race later than 7 p.m. Any thoroughbred permitholder in a county

350

in which the authority for cardrooms has been approved by the

351

board of county commissioners may operate a cardroom and, when

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conducting live races during its current race meet, may receive

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and rebroadcast out-of-state races after the hour of 7 p.m. on

354

any day during which the permitholder conducts live races.

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(3)(5)(a) Each licensed thoroughbred permitholder in this

356

state must run an average of one race per racing day in which

357

horses bred in this state and duly registered with the Florida

358

Thoroughbred Breeders' Association have preference as entries

359

over non-Florida-bred horses. All licensed thoroughbred

360

racetracks shall write the conditions for such races in which

361

Florida-bred horses are preferred so as to assure that all

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Florida-bred horses available for racing at such tracks are given

363

full opportunity to run in the class of races for which they are

364

qualified. The opportunity of running must be afforded to each

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class of horses in the proportion that the number of horses in

366

this class bears to the total number of Florida-bred horses

367

available. A track is not required to write conditions for a race

368

to accommodate a class of horses for which a race would otherwise

369

not be run at the track during its meeting.

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(b) Each licensed thoroughbred permitholder in this state

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may run one additional race per racing day composed exclusively

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of Arabian horses registered with the Arabian Horse Registry of

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America. Any licensed thoroughbred permitholder that elects to

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run one additional race per racing day composed exclusively of

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Arabian horses registered with the Arabian Horse Registry of

376

America is not required to provide stables for the Arabian horses

377

racing under this paragraph.

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may run up to three additional races per racing day composed

380

exclusively of quarter horses registered with the American

381

Quarter Horse Association.

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(6) Notwithstanding the provisions of subsection (2), a

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thoroughbred permitholder who fails to operate all performances

384

on its 2001-2002 license does not lose its right to retain its

385

permit. Such thoroughbred permitholder is eligible for issuance

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of an annual license pursuant to s. 550.0115 for subsequent

387

thoroughbred racing seasons. The division shall take no

388

disciplinary action against such thoroughbred permitholder for

389

failure to operate all licensed performances for the 2001-2002

390

license pursuant to this section or s. 550.01215. This section

391

may not be interpreted to prohibit the division from taking

392

disciplinary action against a thoroughbred permitholder for

393

failure to pay taxes on performances operated pursuant to its

394

2001-2002 license. This subsection expires July 1, 2003.

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(7) A thoroughbred permitholder shall file an amendment

396

with the division no later than July 1, 2002, that indicates that

397

it will not be able to operate the performances scheduled on its

398

2002-2003 license without imposition of any penalty for failure

399

to operate all licensed performances provided in this chapter.

400

This subsection expires July 1, 2003.

401

Section 9. Subsection (3) of section 551.106, Florida

402

Statutes, is amended to read:

403

551.106 License fee; tax rate; penalties.--

404

(3) PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax

405

on slot machine revenues imposed by this section shall be paid to

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the division. The division shall deposit these sums with the

407

Chief Financial Officer, to the credit of the Pari-mutuel

408

Wagering Trust Fund. The slot machine licensee shall remit to the

409

division payment for the tax on slot machine revenues. Such

410

payments shall be remitted by 3 p.m. on the 5th day of each

411

calendar month Wednesday of each week for taxes imposed and

412

collected for the preceding calendar month week ending on Sunday.

413

If the 5th day of the calendar month falls on a weekend, payments

414

shall be remitted by 3 p.m. the first Monday following the

415

weekend. The slot machine licensee shall file a report under oath

416

by the 5th day of each calendar month for all taxes remitted

417

during the preceding calendar month. Such payments shall be

418

accompanied by a report under oath showing all slot machine

419

gaming activities for the preceding calendar month and such other

420

information as may be prescribed by the division.

421

Section 10. Section 550.3605, Florida Statutes, is

422

repealed.

423

Section 11. Section 550.71, Florida Statutes, is repealed.

424

Section 12. Paragraph (a) of subsection (1) and paragraph

425

(a) of subsection (2) of section 772.102, Florida Statutes, are

426

amended to read:

427

772.102 Definitions.--As used in this chapter, the term:

428

(1) "Criminal activity" means to commit, to attempt to

429

commit, to conspire to commit, or to solicit, coerce, or

430

intimidate another person to commit:

431

(a) Any crime that is chargeable by indictment or

432

information under the following provisions:

433

1. Section 210.18, relating to evasion of payment of

434

cigarette taxes.

435

2. Section 414.39, relating to public assistance fraud.

436

3. Section 440.105 or s. 440.106, relating to workers'

437

compensation.

438

4. Part IV of chapter 501, relating to telemarketing.

439

5. Chapter 517, relating to securities transactions.

440

6. Section 550.235 or, s. 550.3551, or s. 550.3605,

441

relating to dogracing and horseracing.

442

7. Chapter 550, relating to jai alai frontons.

443

8. Chapter 552, relating to the manufacture, distribution,

444

and use of explosives.

445

9. Chapter 562, relating to beverage law enforcement.

446

10. Section 624.401, relating to transacting insurance

447

without a certificate of authority, s. 624.437(4)(c)1., relating

448

to operating an unauthorized multiple-employer welfare

449

arrangement, or s. 626.902(1)(b), relating to representing or

450

aiding an unauthorized insurer.

451

11. Chapter 687, relating to interest and usurious

452

practices.

453

12. Section 721.08, s. 721.09, or s. 721.13, relating to

454

real estate timeshare plans.

455

13. Chapter 782, relating to homicide.

456

14. Chapter 784, relating to assault and battery.

457

15. Chapter 787, relating to kidnapping or human

458

trafficking.

459

16. Chapter 790, relating to weapons and firearms.

460

17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.

461

796.07, relating to prostitution.

462

18. Chapter 806, relating to arson.

463

19. Section 810.02(2)(c), relating to specified burglary of

464

a dwelling or structure.

465

20. Chapter 812, relating to theft, robbery, and related

466

crimes.

467

21. Chapter 815, relating to computer-related crimes.

468

22. Chapter 817, relating to fraudulent practices, false

469

pretenses, fraud generally, and credit card crimes.

470

23. Section 827.071, relating to commercial sexual

471

exploitation of children.

472

24. Chapter 831, relating to forgery and counterfeiting.

473

25. Chapter 832, relating to issuance of worthless checks

474

and drafts.

475

26. Section 836.05, relating to extortion.

476

27. Chapter 837, relating to perjury.

477

28. Chapter 838, relating to bribery and misuse of public

478

office.

479

29. Chapter 843, relating to obstruction of justice.

480

30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

481

s. 847.07, relating to obscene literature and profanity.

482

31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

483

849.25, relating to gambling.

484

32. Chapter 893, relating to drug abuse prevention and

485

control.

486

33. Section 914.22 or s. 914.23, relating to witnesses,

487

victims, or informants.

488

34. Section 918.12 or s. 918.13, relating to tampering with

489

jurors and evidence.

490

(2) "Unlawful debt" means any money or other thing of value

491

constituting principal or interest of a debt that is legally

492

unenforceable in this state in whole or in part because the debt

493

was incurred or contracted:

494

(a) In violation of any one of the following provisions of

495

law:

496

1. Section 550.235 or, s. 550.3551, or s. 550.3605,

497

relating to dogracing and horseracing.

498

2. Chapter 550, relating to jai alai frontons.

499

3. Section 687.071, relating to criminal usury, loan

500

sharking, and shylocking.

501

4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

502

849.25, relating to gambling.

503

Section 13. Paragraph (a) of subsection (1) and paragraph

504

(a) of subsection (2) of section 895.02, Florida Statutes, are

505

amended to read:

506

895.02 Definitions.--As used in ss. 895.01-895.08, the

507

term:

508

(1) "Racketeering activity" means to commit, to attempt to

509

commit, to conspire to commit, or to solicit, coerce, or

510

intimidate another person to commit:

511

(a) Any crime that is chargeable by indictment or

512

information under the following provisions of the Florida

513

Statutes:

514

1. Section 210.18, relating to evasion of payment of

515

cigarette taxes.

516

2. Section 403.727(3)(b), relating to environmental

517

control.

518

3. Section 409.920 or s. 409.9201, relating to Medicaid

519

fraud.

520

4. Section 414.39, relating to public assistance fraud.

521

5. Section 440.105 or s. 440.106, relating to workers'

522

compensation.

523

6. Section 443.071(4), relating to creation of a fictitious

524

employer scheme to commit unemployment compensation fraud.

525

7. Section 465.0161, relating to distribution of medicinal

526

drugs without a permit as an Internet pharmacy.

527

8. Sections 499.0051, 499.0052, 499.00535, 499.00545, and

528

499.0691, relating to crimes involving contraband and adulterated

529

drugs.

530

9. Part IV of chapter 501, relating to telemarketing.

531

10. Chapter 517, relating to sale of securities and

532

investor protection.

533

11. Section 550.235 or, s. 550.3551, or s. 550.3605,

534

relating to dogracing and horseracing.

535

12. Chapter 550, relating to jai alai frontons.

536

13. Section 551.109, relating to slot machine gaming.

537

14. Chapter 552, relating to the manufacture, distribution,

538

and use of explosives.

539

15. Chapter 560, relating to money transmitters, if the

540

violation is punishable as a felony.

541

16. Chapter 562, relating to beverage law enforcement.

542

17. Section 624.401, relating to transacting insurance

543

without a certificate of authority, s. 624.437(4)(c)1., relating

544

to operating an unauthorized multiple-employer welfare

545

arrangement, or s. 626.902(1)(b), relating to representing or

546

aiding an unauthorized insurer.

547

18. Section 655.50, relating to reports of currency

548

transactions, when such violation is punishable as a felony.

549

19. Chapter 687, relating to interest and usurious

550

practices.

551

20. Section 721.08, s. 721.09, or s. 721.13, relating to

552

real estate timeshare plans.

553

21. Chapter 782, relating to homicide.

554

22. Chapter 784, relating to assault and battery.

555

23. Chapter 787, relating to kidnapping or human

556

trafficking.

557

24. Chapter 790, relating to weapons and firearms.

558

25. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.

559

796.05, or s. 796.07, relating to prostitution and sex

560

trafficking.

561

26. Chapter 806, relating to arson.

562

27. Section 810.02(2)(c), relating to specified burglary of

563

a dwelling or structure.

564

28. Chapter 812, relating to theft, robbery, and related

565

crimes.

566

29. Chapter 815, relating to computer-related crimes.

567

30. Chapter 817, relating to fraudulent practices, false

568

pretenses, fraud generally, and credit card crimes.

569

31. Chapter 825, relating to abuse, neglect, or

570

exploitation of an elderly person or disabled adult.

571

32. Section 827.071, relating to commercial sexual

572

exploitation of children.

573

33. Chapter 831, relating to forgery and counterfeiting.

574

34. Chapter 832, relating to issuance of worthless checks

575

and drafts.

576

35. Section 836.05, relating to extortion.

577

36. Chapter 837, relating to perjury.

578

37. Chapter 838, relating to bribery and misuse of public

579

office.

580

38. Chapter 843, relating to obstruction of justice.

581

39. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

582

s. 847.07, relating to obscene literature and profanity.

583

40. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

584

849.25, relating to gambling.

585

41. Chapter 874, relating to criminal street gangs.

586

42. Chapter 893, relating to drug abuse prevention and

587

control.

588

43. Chapter 896, relating to offenses related to financial

589

transactions.

590

44. Sections 914.22 and 914.23, relating to tampering with

591

a witness, victim, or informant, and retaliation against a

592

witness, victim, or informant.

593

45. Sections 918.12 and 918.13, relating to tampering with

594

jurors and evidence.

595

(2) "Unlawful debt" means any money or other thing of value

596

constituting principal or interest of a debt that is legally

597

unenforceable in this state in whole or in part because the debt

598

was incurred or contracted:

599

(a) In violation of any one of the following provisions of

600

law:

601

1. Section 550.235 or, s. 550.3551, or s. 550.3605,

602

relating to dogracing and horseracing.

603

2. Chapter 550, relating to jai alai frontons.

604

3. Section 551.109, relating to slot machine gaming.

605

4. Chapter 687, relating to interest and usury.

606

5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

607

849.25, relating to gambling.

608

Section 14. This act shall take effect July 1, 2008.