HB 1215

1	A bill to be entitled
2	An act relating to pari-mutuel facilities; amending s.
3	550.002, F.S.; revising the definition of the term "full
4	schedule of live racing or games" as it applies to quarter
5	horse permitholders; amending s. 550.01215, F.S.; removing
6	an exception to the required issuance date of licenses to
7	conduct thoroughbred racing performances; amending s.
8	550.105, F.S.; revising provisions for business and
9	occupational licenses; providing for a determination of
10	fees for such licenses valid for more than 12 months;
11	directing the Division of Pari-mutuel Wagering to adopt
12	rules for licensing periods and renewal cycles; defining
13	the term "convicted" as it applies to occupational license
14	applicants; limiting application of the term "conviction";
15	revising the time period that a temporary occupational
16	license may be valid; removing a requirement that an
17	applicant's signature be witnessed and notarized or signed
18	in the presence of a division official; providing for
19	retention of fingerprints and criminal history screening;
20	providing for payment of fee for screenings; providing
21	that the fee be established by rule of the Department of
22	Law Enforcement; requiring that the cost of processing
23	fingerprints and conducting a national criminal history
24	record check for a general occupational license be borne
25	by the applicant and for a business or professional
26	occupational license be borne by the person being checked;
27	requiring licensees to disclose certain convictions;
28	amending s. 550.2415, F.S.; revising provisions
29	prohibiting cruelty to animals; providing that the
30	prohibition applies to any act of cruelty involving any
31	animal; authorizing the division to inspect any area at a
32	pari-mutuel facility for certain purposes; amending s.
33	550.334, F.S.; removing a provision for issuing a permit
34	to conduct quarter horse race meetings; removing a
35	provision for issuing a license to conduct quarter horse
36	racing; removing provisions to revoke such permit or
37	license for certain violations or failure to conduct live
38	racing; removing an exception to specified permit
39	application provisions; amending s. 550.3355, F.S.;
40	revising the time period for a harness track summer
41	season; repealing s. 550.3605, F.S., relating to use of
42	electronic transmitting equipment on the premises of a
43	horse or dog racetrack or jai alai fronton; amending s.
44	550.5251, F.S.; revising provisions for licensing to
45	conduct thoroughbred racing; revising certain dates
46	relating to licensing and the thoroughbred racing season;
47	removing a provision for a summer thoroughbred horse
48	racing permit; removing expired provisions relating to
49	scheduled performances; amending s. 849.086, F.S.;
50	revising provisions for initial and renewal issuance of a
51	cardroom license; revising provisions for renewal of a
52	cardroom occupational license; revising requirements for
53	occupational licensee's criminal records check; providing
54	a limitation on occupational licensee fees; amending ss.
55	772.102 and 895.02, F.S.; correcting cross-references;
56	providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsection (11) of section 550.002, Florida
61	Statutes, is amended to read:
62	550.002  Definitions.--As used in this chapter, the term:
63	(11)  "Full schedule of live racing or games" means, for a
64	greyhound or jai alai permitholder, the conduct of a combination
65	of at least 100 live evening or matinee performances during the
66	preceding year; for a permitholder who has a converted permit or
67	filed an application on or before June 1, 1990, for a converted
68	permit, the conduct of a combination of at least 100 live
69	evening and matinee wagering performances during either of the 2
70	preceding years; for a jai alai permitholder who does not
71	operate slot machines in its pari-mutuel facility, who has
72	conducted at least 100 live performances per year for at least
73	10 years after December 31, 1992, and whose handle on live jai
74	alai games conducted at its pari-mutuel facility has been less
75	than $4 million per state fiscal year for at least 2 consecutive
76	years after June 30, 1992, the conduct of a combination of at
77	least 40 live evening or matinee performances during the
78	preceding year; for a jai alai permitholder who operates slot
79	machines in its pari-mutuel facility, the conduct of a
80	combination of at least 150 performances during the preceding
81	year; for a harness permitholder, the conduct of at least 100
82	live regular wagering performances during the preceding year;
83	for a quarter horse permitholder at the permitholder's facility,
84	unless an alternative schedule of at least 20 live regular
85	wagering performances is agreed upon by the permitholder and the
86	horsemen's association representing the majority of the quarter
87	racehorse owners and trainers at the facility and filed with the
88	division with its annual application, in the year 2009, the
89	conduct of at least 20 live regular wagering performances, in
90	the years 2010 and 2011, the conduct of at least 30 live regular
91	wagering performances, and for every year after the year 2011,
92	the conduct of at least 40 live regular wagering performances
93	during the preceding year; for a quarter horse permitholder
94	leasing another licensed racetrack, the conduct of 160 events at
95	the leased facility; and for a thoroughbred permitholder, the
96	conduct of at least 40 live regular wagering performances during
97	the preceding year. For a permitholder which is restricted by
98	statute to certain operating periods within the year when other
99	members of its same class of permit are authorized to operate
100	throughout the year, the specified number of live performances
101	which constitute a full schedule of live racing or games shall
102	be adjusted pro rata in accordance with the relationship between
103	its authorized operating period and the full calendar year and
104	the resulting specified number of live performances shall
105	constitute the full schedule of live games for such permitholder
106	and all other permitholders of the same class within 100 air
107	miles of such permitholder. A live performance must consist of
108	no fewer than eight races or games conducted live for each of a
109	minimum of three performances each week at the permitholder's
110	licensed facility under a single admission charge.
111	Section 2.  Subsection (3) of section 550.01215, Florida
112	Statutes, is amended to read:
113	550.01215  License application; periods of operation; bond,
114	conversion of permit.--
115	(3)  Except as provided in s. 550.5251 for thoroughbred
116	racing, The division shall issue each license no later than
117	March 15. Each permitholder shall operate all performances at
118	the date and time specified on its license. The division shall
119	have the authority to approve minor changes in racing dates
120	after a license has been issued. The division may approve
121	changes in racing dates after a license has been issued when
122	there is no objection from any operating permitholder located
123	within 50 miles of the permitholder requesting the changes in
124	operating dates. In the event of an objection, the division
125	shall approve or disapprove the change in operating dates based
126	upon the impact on operating permitholders located within 50
127	miles of the permitholder requesting the change in operating
128	dates. In making the determination to change racing dates, the
129	division shall take into consideration the impact of such
130	changes on state revenues.
131	Section 3.  Subsections (1), (2), (5), (6), and (10) of
132	section 550.105, Florida Statutes, are amended to read:
133	550.105  Occupational licenses of racetrack employees;
134	fees; denial, suspension, and revocation of license; penalties
135	and fines.--
136	(1)  Each person connected with a racetrack or jai alai
137	fronton, as specified in paragraph (2)(a), shall purchase from
138	the division an annual occupational license, which license is
139	valid from May 1 until June 30 of the following year. All moneys
140	collected pursuant to this section each fiscal year shall be
141	deposited into the Pari-mutuel Wagering Trust Fund. Any person
142	may, at her or his option and Pursuant to the rules adopted by
143	the division, purchase an occupational license may be valid for
144	a period of up to 3 years for a fee that does not exceed if the
145	purchaser of the license pays the full occupational license fee
146	for each of the years for which the license is purchased at the
147	time the 3-year license is requested. The occupational license
148	shall be valid during its specified term at any pari-mutuel
149	facility.
150	(2)(a)  The following licenses shall be issued to persons
151	or entities with access to the backside, racing animals, jai
152	alai players' room, jockeys' room, drivers' room, totalisator
153	room, the mutuels, or money room, or to persons who, by virtue
154	of the position they hold, might be granted access to these
155	areas or to any other person or entity in one of the following
156	categories and with scheduled annual fees as follows:
157	1.  Business licenses: any business such as a vendor,
158	contractual concessionaire, contract kennel, business owning
159	racing animals, trust or estate, totalisator company, stable
160	name, or other fictitious name: fee shall not exceed $50 for any
161	12-month period.
162	2.  Professional occupational licenses: professional
163	persons with access to the backside of a racetrack or players'
164	quarters in jai alai such as trainers, officials, veterinarians,
165	doctors, nurses, EMT's, jockeys and apprentices, drivers, jai
166	alai players, owners, trustees, or any management or officer or
167	director or shareholder or any other professional-level person
168	who might have access to the jockeys' room, the drivers' room,
169	the backside, racing animals, kennel compound, or managers or
170	supervisors requiring access to mutuels machines, the money
171	room, or totalisator equipment: fee shall not exceed $40 for any
172	12-month period.
173	3.  General occupational licenses: general employees with
174	access to the jockeys' room, the drivers' room, racing animals,
175	the backside of a racetrack or players' quarters in jai alai,
176	such as grooms, kennel helpers, leadouts, pelota makers, cesta
177	makers, or ball boys, or a practitioner of any other occupation
178	who would have access to the animals, the backside, or the
179	kennel compound, or who would provide the security or
180	maintenance of these areas, or mutuel employees, totalisator
181	employees, money-room employees, or any employee with access to
182	mutuels machines, the money room, or totalisator equipment or
183	who would provide the security or maintenance of these areas:
184	fee shall not exceed $10 for any 12 month-period.
185
186	The individuals and entities that are licensed under this
187	paragraph require heightened state scrutiny, including the
188	submission by the individual licensees or persons associated
189	with the entities described in this chapter of fingerprints for
190	a Federal Bureau of Investigation criminal records check.
191	(b)  The division shall adopt rules pertaining to pari-
192	mutuel occupational licenses, licensing periods, and renewal
193	cycles.
194	(5)(a)  The division may:
195	1.  Deny a license to or revoke, suspend, or place
196	conditions upon or restrictions on a license of any person who
197	has been refused a license by any other state racing commission
198	or racing authority;
199	2.  Deny, suspend, or place conditions on a license of any
200	person who is under suspension or has unpaid fines in another
201	jurisdiction; if the state racing commission or racing authority
202	of such other state or jurisdiction extends to the division
203	reciprocal courtesy to maintain the disciplinary control.
204	(b)  The division may deny, suspend, revoke, or declare
205	ineligible any occupational license if the applicant for or
206	holder thereof has violated the provisions of this chapter or
207	the rules of the division governing the conduct of persons
208	connected with racetracks and frontons. In addition, the
209	division may deny, suspend, revoke, or declare ineligible any
210	occupational license if the applicant for such license has been
211	convicted in this state, in any other state, or under the laws
212	of the United States of a capital felony, a felony, or an
213	offense in any other state which would be a felony under the
214	laws of this state involving arson; trafficking in, conspiracy
215	to traffic in, smuggling, importing, conspiracy to smuggle or
216	import, or delivery, sale, or distribution of a controlled
217	substance; or a crime involving a lack of good moral character,
218	or has had a pari-mutuel license revoked by this state or any
219	other jurisdiction for an offense related to pari-mutuel
220	wagering.
221	(c)  The division may deny, declare ineligible, or revoke
222	any occupational license if the applicant for such license has
223	been convicted of a felony or misdemeanor in this state, in any
224	other state, or under the laws of the United States, if such
225	felony or misdemeanor is related to gambling or bookmaking, as
226	contemplated in s. 849.25, or involves cruelty to animals. If
227	the applicant establishes that she or he is of good moral
228	character, that she or he has been rehabilitated, and that the
229	crime she or he was convicted of is not related to pari-mutuel
230	wagering and is not a capital offense, the restrictions
231	excluding offenders may be waived by the director of the
232	division.
233	(d)  For purposes of this subsection, the term "convicted"
234	means having been found guilty, with or without adjudication of
235	guilt, as a result of a jury verdict, nonjury trial, or entry of
236	a plea of guilty or nolo contendere. However, the term
237	"conviction" shall not be applied to a crime committed prior to
238	the effective date of this subsection in a manner that would
239	invalidate any occupational license issued prior to the
240	effective date of this subsection or subsequent renewal for any
241	person holding such a license.
242	(e)(d)  If an occupational license will expire by division
243	rule during the period of a suspension the division intends to
244	impose, or if a license would have expired but for pending
245	administrative charges and the occupational licensee is found to
246	be in violation of any of the charges, the license may be
247	revoked and a time period of license ineligibility may be
248	declared. The division may bring administrative charges against
249	any person not holding a current license for violations of
250	statutes or rules which occurred while such person held an
251	occupational license, and the division may declare such person
252	ineligible to hold a license for a period of time. The division
253	may impose a civil fine of up to $1,000 for each violation of
254	the rules of the division in addition to or in lieu of any other
255	penalty provided for in this section. In addition to any other
256	penalty provided by law, the division may exclude from all pari-
257	mutuel facilities in this state, for a period not to exceed the
258	period of suspension, revocation, or ineligibility, any person
259	whose occupational license application has been denied by the
260	division, who has been declared ineligible to hold an
261	occupational license, or whose occupational license has been
262	suspended or revoked by the division.
263	(f)(e)  The division may cancel any occupational license
264	that has been voluntarily relinquished by the licensee.
265	(6)  In order to promote the orderly presentation of pari-
266	mutuel meets authorized in this chapter, the division may issue
267	a temporary occupational license. The division shall adopt rules
268	to implement this subsection. However, no temporary occupational
269	license shall be valid for more than 90 30 days, and no more
270	than one temporary license may be issued for any person in any
271	year.
272	(10)(a)  Upon application for an occupational license, the
273	division may require the applicant's full legal name; any
274	nickname, alias, or maiden name for the applicant; name of the
275	applicant's spouse; the applicant's date of birth, residence
276	address, mailing address, residence address and business phone
277	number, and social security number; disclosure of any felony or
278	any conviction involving bookmaking, illegal gambling, or
279	cruelty to animals; disclosure of any past or present
280	enforcement or actions by any racing or gaming agency against
281	the applicant; and any information the division determines is
282	necessary to establish the identity of the applicant or to
283	establish that the applicant is of good moral character.
284	Fingerprints shall be taken in a manner approved by the division
285	and then shall be submitted to the Federal Bureau of
286	Investigation, or to the association of state officials
287	regulating pari-mutuel wagering pursuant to the Federal Pari-
288	mutuel Licensing Simplification Act of 1988. The cost of
289	processing fingerprints shall be borne by the applicant and paid
290	to the association of state officials regulating pari-mutuel
291	wagering from the trust fund to which the processing fees are
292	deposited. The division shall require each applicant for an
293	occupational license to have the applicant's signature witnessed
294	and notarized or signed in the presence of a division official.
295	The division, by rule, may require additional information from
296	licensees which is reasonably necessary to regulate the
297	industry. The division may, by rule, exempt certain occupations
298	or groups of persons from the fingerprinting requirements.
299	(b)  All fingerprints required by this section that are
300	submitted to the Department of Law Enforcement shall be retained
301	by the Department of Law Enforcement and entered into the
302	statewide automated fingerprint identification system as
303	authorized by s. 943.05(2)(b) and shall be available for all
304	purposes and uses authorized for arrest fingerprint cards
305	entered into the statewide automated fingerprint identification
306	system pursuant to s. 943.051.
307	(c)  The Department of Law Enforcement shall search all
308	arrest fingerprints received pursuant to s. 943.051 against the
309	fingerprints retained in the statewide automated fingerprint
310	identification system under paragraph (b). Any arrest record
311	that is identified with the retained fingerprints of a person
312	subject to the criminal history screening requirements of this
313	section shall be reported to the division. Each licensee shall
314	pay a fee to the division for the cost of retention of the
315	fingerprints and the ongoing searches under this paragraph. The
316	division shall forward the payment to the Department of Law
317	Enforcement. The amount of the fee to be imposed for performing
318	these searches and the procedures for the retention of licensee
319	fingerprints shall be as established by rule of the Department
320	of Law Enforcement. The division shall inform the Department of
321	Law Enforcement of any change in the license status of licensees
322	whose fingerprints are retained under paragraph (b).
323	(d)  The division shall request the Department of Law
324	Enforcement to forward the fingerprints to the Federal Bureau of
325	Investigation for a national criminal history records check at
326	least once every 5 years following issuance of a license. If the
327	fingerprints of a person who is licensed have not been retained
328	by the Department of Law Enforcement, the person must file a
329	complete set of fingerprints as provided in paragraph (a). The
330	division shall collect the fees for the cost of the national
331	criminal history record check under this paragraph and forward
332	the payment to the Department of Law Enforcement. The cost of
333	processing fingerprints and conducting a criminal history record
334	check under this paragraph for a general occupational license
335	shall be borne by the applicant. The cost of processing
336	fingerprints and conducting a criminal history record check
337	under this paragraph for a business or professional occupational
338	license shall be borne by the person being checked. The
339	Department of Law Enforcement may invoice the division for the
340	fingerprints submitted each month. Under penalty of perjury,
341	each person who is licensed or who is fingerprinted as required
342	by this section must agree to inform the division within 48
343	hours if he or she is convicted of or has entered a plea of
344	guilty or nolo contendere to any disqualifying offense,
345	regardless of adjudication.
346	Section 4.  Subsection (6) of section 550.2415, Florida
347	Statutes, is amended to read:
348	550.2415  Racing of animals under certain conditions
349	prohibited; penalties; exceptions.--
350	(6)(a)  It is the intent of the Legislature that animals
351	that participate in races in this state on which pari-mutuel
352	wagering is conducted and animals that are bred and trained in
353	this state for racing be treated humanely, both on and off
354	racetracks, throughout the lives of the animals.
355	(b)  The division shall, by rule, establish the procedures
356	for euthanizing greyhounds. However, a greyhound may not be put
357	to death by any means other than by lethal injection of the drug
358	sodium pentobarbital. A greyhound may not be removed from this
359	state for the purpose of being destroyed.
360	(c)  It is a violation of this chapter for an occupational
361	licensee to train a greyhound using live or dead animals. A
362	greyhound may not be taken from this state for the purpose of
363	being trained through the use of live or dead animals.
364	(d)  Any act committed by any licensee that would
365	constitute A conviction of cruelty to animals as defined in s.
366	828.02 pursuant to s. 828.12 involving a racing any animal
367	constitutes a violation of this chapter. Imposition of any
368	penalty by the division for violation of this chapter or any
369	rule adopted by the division pursuant to this chapter shall not
370	prohibit a criminal prosecution for cruelty to animals.
371	(e)  The division may inspect any area at a pari-mutuel
372	facility where racing animals are raced, trained, housed, or
373	maintained, including any areas where food, medications, or
374	other supplies are kept, to ensure the humane treatment of
375	racing animals and compliance with this chapter and the rules of
376	the division.
377	Section 5. Section 550.334, Florida Statutes, is amended to
378	read:
379	550.334  Quarter horse racing; substitutions.--
380	(1)  Subject to all the applicable provisions of this
381	chapter, any person who possesses the qualifications prescribed
382	in this chapter may apply to the division for a permit to
383	conduct quarter horse race meetings and racing under this
384	chapter. The applicant must demonstrate that the location or
385	locations where the permit will be used are available for such
386	use and that she or he has the financial ability to satisfy the
387	reasonably anticipated operational expenses of the first racing
388	year following final issuance of the permit. If the racing
389	facility is already built, the application must contain a
390	statement, with reasonable supporting evidence, that the permit
391	will be used for quarter horse racing within 1 year after the
392	date on which it is granted; if the facility is not already
393	built, the application must contain a statement, with reasonable
394	supporting evidence, that substantial construction will be
395	started within 1 year after the issuance of the permit. After
396	receipt of an application, the division shall convene to
397	consider and act upon permits applied for. The division shall
398	disapprove an application if it fails to meet the requirements
399	of this chapter. Upon each application filed and approved, a
400	permit shall be issued setting forth the name of the applicant
401	and a statement showing qualifications of the applicant to
402	conduct racing under this chapter. If a favorable referendum on
403	a pari-mutuel facility has not been held previously within the
404	county, then, before a quarter horse permit may be issued by the
405	division, a referendum ratified by a majority of the electors in
406	the county is required on the question of allowing quarter horse
407	races within that county.
408	(2)  After a quarter horse racing permit has been granted
409	by the division, the department shall grant to the lawful holder
410	of such permit, subject to the conditions of this section, a
411	license to conduct quarter horse racing under this chapter; and
412	the division shall fix annually the time when, place where, and
413	number of days upon which racing may be conducted by such
414	quarter horse racing permitholder. After the first license has
415	been issued to the holder of a permit for quarter horse racing,
416	all subsequent annual applications for a license by a
417	permitholder must be accompanied by proof, in such form as the
418	division requires, that the permitholder still possesses all the
419	qualifications prescribed by this chapter. The division may
420	revoke any permit or license issued under this section upon the
421	willful violation by the licensee of any provision of this
422	chapter or any rule adopted by the division under this chapter.
423	The division shall revoke any quarter horse permit under which
424	no live racing has ever been conducted before July 7, 1990, for
425	failure to conduct a horse meet pursuant to the license issued
426	where a full schedule of horseracing has not been conducted for
427	a period of 18 months commencing on October 1, 1990, unless the
428	permitholder has commenced construction on a facility at which a
429	full schedule of live racing could be conducted as approved by
430	the division. "Commenced construction" means initiation of and
431	continuous activities beyond site preparation associated with
432	erecting or modifying a horseracing facility, including
433	procurement of a building permit applying the use of approved
434	construction documents, proof of an executed owner/contractor
435	agreement or an irrevocable or binding forced account, and
436	actual undertaking of foundation forming with steel installation
437	and concrete placing. The 18-month period shall be extended by
438	the division, to the extent that the applicant demonstrates to
439	the satisfaction of the division that good faith commencement of
440	the construction of the facility is being delayed by litigation
441	or by governmental action or inaction with respect to
442	regulations or permitting precluding commencement of the
443	construction of the facility.
444	(1)(3)  The operator of any licensed racetrack is
445	authorized to lease such track to any quarter horse racing
446	permitholder for the conduct of quarter horse racing under this
447	chapter.
448	(4)  Section 550.054 is inapplicable to quarter horse
449	racing as permitted under this section. All other provisions of
450	this chapter apply to, govern, and control such racing, and the
451	same must be conducted in compliance therewith.
452	(2)(5)  Quarter horses participating in such races must be
453	duly registered by the American Quarter Horse Association, and
454	before each race such horses must be examined and declared in
455	fit condition by a qualified person designated by the division.
456	(3)(6)  Any quarter horse racing days permitted under this
457	chapter are in addition to any other racing permitted under the
458	license issued the track where such quarter horse racing is
459	conducted.
460	(4)(7)(a)  Any quarter horse racing permitholder operating
461	under a valid permit issued by the division is authorized to
462	substitute races of other breeds of horses, except
463	thoroughbreds, which are, respectively, registered with the
464	American Paint Horse Association, Appaloosa Horse Club, Arabian
465	Horse Registry of America, Palomino Horse Breeders of America,
466	or United States Trotting Association, for no more than 50
467	percent of the quarter horse races daily, and may substitute
468	races of thoroughbreds registered with the Jockey Club for no
469	more than 50 percent of the quarter horse races daily with the
470	written consent of all greyhound, harness, and thoroughbred
471	permitholders whose pari-mutuel facilities are located within 50
472	air miles of such quarter horse racing permitholder's pari-
473	mutuel facility.
474	(b)  Any permittee operating within an area of 50 air miles
475	of a licensed thoroughbred track may not substitute thoroughbred
476	races under this section while a thoroughbred horse race meet is
477	in progress within that 50 miles. Any permittee operating within
478	an area of 125 air miles of a licensed thoroughbred track may
479	not substitute live thoroughbred races under this section while
480	a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
481	is conducting a thoroughbred meet within that 125 miles. These
482	mileage restrictions do not apply to any permittee that holds a
483	nonwagering permit issued pursuant to s. 550.505.
484	(5)(8)  A quarter horse permit issued pursuant to this
485	section is not eligible for transfer or conversion to another
486	type of pari-mutuel operation.
487	(6)(9)  Any nonprofit corporation, including, but not
488	limited to, an agricultural cooperative marketing association,
489	organized and incorporated under the laws of this state may
490	apply for a quarter horse racing permit and operate racing meets
491	under such permit, provided all pari-mutuel taxes and fees
492	applicable to such racing are paid by the corporation. However,
493	insofar as its pari-mutuel operations are concerned, the
494	corporation shall be considered to be a corporation for profit
495	and is subject to taxation on all property used and profits
496	earned in connection with its pari-mutuel operations.
497	(7)(10)  Intertrack wagering shall not be authorized for
498	any quarter horse permitholder without the written consent of
499	all greyhound, harness, and thoroughbred permitholders whose
500	pari-mutuel facilities are located within 50 air miles of such
501	quarter horse permitholder's pari-mutuel facility.
502	Section 6.  Section 550.3355, Florida Statutes, is amended
503	to read:
504	550.3355  Harness track licenses for summer quarter horse
505	racing.--Any harness track licensed to operate under the
506	provisions of s. 550.375 may make application for, and shall be
507	issued by the division, a license to operate not more than 50
508	quarter horse racing days during the summer season, which shall
509	extend from July June 1 until October September 1 of each year.
510	However, this license to operate quarter horse racing for 50
511	days is in addition to the racing days and dates provided in s.
512	550.375 for harness racing during the winter seasons; and, it
513	does not affect the right of such licensee to operate harness
514	racing at the track as provided in s. 550.375 during the winter
515	season. All provisions of this chapter governing quarter horse
516	racing not in conflict herewith apply to the operation of
517	quarter horse meetings authorized hereunder, except that all
518	quarter horse racing permitted hereunder shall be conducted at
519	night.
520	Section 7.  Section 550.3605, Florida Statutes, is
521	repealed.
522	Section 8.  Section 550.5251, Florida Statutes, is amended
523	to read:
524	550.5251  Florida thoroughbred racing; certain permits;
525	operating days.--
526	(1)  Each thoroughbred permitholder under whose permit
527	thoroughbred racing was conducted in this state at any time
528	between January 1, 1987, and January 1, 1988, shall annually be
529	entitled to apply for and annually receive thoroughbred racing
530	days and dates as set forth in this section. As regards such
531	permitholders, the annual thoroughbred racing season shall be
532	from June 1 of any year through May 31 of the following year and
533	shall be known as the "Florida Thoroughbred Racing Season."
534	(1)(2)  Each thoroughbred permitholder referred to in
535	subsection (1) shall annually, during the period commencing
536	December 15 of each year and ending January 4 of the following
537	year, file in writing with the division its application to
538	conduct one or more thoroughbred racing meetings during the
539	thoroughbred racing season commencing on the following July June
540	1. Each application shall specify the number and dates of all
541	performances that the permitholder intends to conduct during
542	that thoroughbred racing season. On or before March February 15
543	of each year, the division shall issue a license authorizing
544	each permitholder to conduct performances on the dates specified
545	in its application. Up to February 28 March 31 of each year,
546	each permitholder may request and shall be granted changes in
547	its authorized performances; but thereafter, as a condition
548	precedent to the validity of its license and its right to retain
549	its permit, each permitholder must operate the full number of
550	days authorized on each of the dates set forth in its license.
551	(3)  Each thoroughbred permit referred to in subsection
552	(1), including, but not limited to, any permit originally issued
553	as a summer thoroughbred horse racing permit, is hereby
554	validated and shall continue in full force and effect.
555	(2)(4)  A thoroughbred racing permitholder may not begin
556	any race later than 7 p.m. Any thoroughbred permitholder in a
557	county in which the authority for cardrooms has been approved by
558	the board of county commissioners may operate a cardroom and,
559	when conducting live races during its current race meet, may
560	receive and rebroadcast out-of-state races after the hour of 7
561	p.m. on any day during which the permitholder conducts live
562	races.
563	(3)(5)(a)  Each licensed thoroughbred permitholder in this
564	state must run an average of one race per racing day in which
565	horses bred in this state and duly registered with the Florida
566	Thoroughbred Breeders' Association have preference as entries
567	over non-Florida-bred horses. All licensed thoroughbred
568	racetracks shall write the conditions for such races in which
569	Florida-bred horses are preferred so as to assure that all
570	Florida-bred horses available for racing at such tracks are
571	given full opportunity to run in the class of races for which
572	they are qualified. The opportunity of running must be afforded
573	to each class of horses in the proportion that the number of
574	horses in this class bears to the total number of Florida-bred
575	horses available. A track is not required to write conditions
576	for a race to accommodate a class of horses for which a race
577	would otherwise not be run at the track during its meeting.
578	(b)  Each licensed thoroughbred permitholder in this state
579	may run one additional race per racing day composed exclusively
580	of Arabian horses registered with the Arabian Horse Registry of
581	America. Any licensed thoroughbred permitholder that elects to
582	run one additional race per racing day composed exclusively of
583	Arabian horses registered with the Arabian Horse Registry of
584	America is not required to provide stables for the Arabian
585	horses racing under this paragraph.
586	(c)  Each licensed thoroughbred permitholder in this state
587	may run up to three additional races per racing day composed
588	exclusively of quarter horses registered with the American
589	Quarter Horse Association.
590	(6)  Notwithstanding the provisions of subsection (2), a
591	thoroughbred permitholder who fails to operate all performances
592	on its 2001-2002 license does not lose its right to retain its
593	permit. Such thoroughbred permitholder is eligible for issuance
594	of an annual license pursuant to s. 550.0115 for subsequent
595	thoroughbred racing seasons. The division shall take no
596	disciplinary action against such thoroughbred permitholder for
597	failure to operate all licensed performances for the 2001-2002
598	license pursuant to this section or s. 550.01215. This section
599	may not be interpreted to prohibit the division from taking
600	disciplinary action against a thoroughbred permitholder for
601	failure to pay taxes on performances operated pursuant to its
602	2001-2002 license. This subsection expires July 1, 2003.
603	(7)  A thoroughbred permitholder shall file an amendment
604	with the division no later than July 1, 2002, that indicates
605	that it will not be able to operate the performances scheduled
606	on its 2002-2003 license without imposition of any penalty for
607	failure to operate all licensed performances provided in this
608	chapter. This subsection expires July 1, 2003.
609	Section 9.  Paragraphs (a) and (b) of subsection (5) and
610	subsection (6) of section 849.086, Florida Statutes, are amended
611	to read:
612	849.086  Cardrooms authorized.--
613	(5)  LICENSE REQUIRED; APPLICATION; FEES.--No person may
614	operate a cardroom in this state unless such person holds a
615	valid cardroom license issued pursuant to this section.
616	(a)  Only those persons holding a valid cardroom license
617	issued by the division may operate a cardroom.  A cardroom
618	license may only be issued to a licensed pari-mutuel
619	permitholder and an authorized cardroom may only be operated at
620	the same facility at which the permitholder is authorized under
621	its valid pari-mutuel wagering permit to conduct pari-mutuel
622	wagering activities. An initial cardroom license shall only be
623	issued to a pari-mutuel permitholder if the permitholder is
624	licensed to conduct a full schedule of live races or games as
625	defined in s. 550.002(11) during the state fiscal year in which
626	the initial cardroom license is issued.
627	(b)  After the initial cardroom license is granted, the
628	application for the annual license renewal shall be made in
629	conjunction with the applicant's annual application for its
630	pari-mutuel license. If a permitholder has operated a cardroom
631	during any of the 3 previous fiscal years and fails to include a
632	renewal request for the operation of the cardroom in its annual
633	application for license renewal, the permitholder may amend its
634	annual application to include operation of the cardroom. In
635	order for a cardroom license to be renewed the applicant must
636	have requested, as part of its pari-mutuel annual license
637	application, to conduct at least 90 percent of the total number
638	of live performances conducted by such permitholder during
639	either the state fiscal year in which its initial cardroom
640	license was issued or the state fiscal year immediately prior
641	thereto if the permitholder ran at least a full schedule of live
642	races or games in the prior year. If the application is for a
643	harness permitholder cardroom, the applicant must have requested
644	authorization to conduct a minimum of 140 live performances
645	during the state fiscal year immediately prior thereto. If more
646	than one permitholder is operating at a facility, each
647	permitholder must have applied for a license to conduct a full
648	schedule of live racing.
649	(6)  BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
650	APPLICATION; FEES.--
651	(a)  A person employed or otherwise working in a cardroom
652	as a cardroom manager, floor supervisor, pit boss, dealer, or
653	any other activity related to cardroom operations while the
654	facility is conducting card playing or games of dominoes must
655	hold a valid cardroom employee occupational license issued by
656	the division. Food service, maintenance, and security employees
657	with a current pari-mutuel occupational license and a current
658	background check will not be required to have a cardroom
659	employee occupational license.
660	(b)  Any cardroom management company or cardroom
661	distributor associated with cardroom operations must hold a
662	valid cardroom business occupational license issued by the
663	division.
664	(c)  No licensed cardroom operator may employ or allow to
665	work in a cardroom any person unless such person holds a valid
666	occupational license. No licensed cardroom operator may
667	contract, or otherwise do business with, a business required to
668	hold a valid cardroom business occupational license, unless the
669	business holds such a valid license.
670	(d)  The division shall establish, by rule, a schedule for
671	the annual renewal of cardroom occupational licenses. Cardroom
672	occupational licenses are not transferable.
673	(e)  Persons seeking cardroom occupational licenses, or
674	renewal thereof, shall make application on forms prescribed by
675	the division. Applications for cardroom occupational licenses
676	shall contain all of the information the division, by rule, may
677	determine is required to ensure eligibility.
678	(f)  The division shall promulgate rules regarding cardroom
679	occupational licenses. The provisions specified in s.
680	550.105(4), (5), (6), (7), (8), and (10) relating to licensure
681	shall be applicable to cardroom occupational licenses.
682	(g)  The division may deny, declare ineligible, or revoke
683	any cardroom occupational license if the applicant or holder
684	thereof has been found guilty or had adjudication withheld in
685	this state or any other state, or under the laws of the United
686	States of a felony or misdemeanor involving forgery, larceny,
687	extortion, conspiracy to defraud, or filing false reports to a
688	government agency, racing or gaming commission or authority.
689	(h)  Fingerprints for all cardroom occupational license
690	applications shall be taken in a manner approved by the division
691	and then shall be submitted to the Florida Department of Law
692	Enforcement and the Federal Bureau of Investigation for a
693	criminal records check upon initial application and at least
694	every 5 years thereafter. The division may by rule require an
695	annual record check of all renewal applications for a cardroom
696	occupational license. The cost of processing fingerprints and
697	conducting a record check shall be borne by the applicant.
698	(i)  The cardroom employee occupational license fee shall
699	not exceed be $50 for any 12-month period. The cardroom business
700	occupational license fee shall not exceed be $250 for any 12-
701	month period.
702	Section 10.   Paragraph (a) of subsection (1) and paragraph
703	(a) of subsection (2) of section 772.102, Florida Statutes, are
704	amended to read:
705	772.102  Definitions.--As used in this chapter, the term:
706	(1)  "Criminal activity" means to commit, to attempt to
707	commit, to conspire to commit, or to solicit, coerce, or
708	intimidate another person to commit:
709	(a)  Any crime that is chargeable by indictment or
710	information under the following provisions:
711	1.  Section 210.18, relating to evasion of payment of
712	cigarette taxes.
713	2.  Section 414.39, relating to public assistance fraud.
714	3.  Section 440.105 or s. 440.106, relating to workers'
715	compensation.
716	4.  Part IV of chapter 501, relating to telemarketing.
717	5.  Chapter 517, relating to securities transactions.
718	6.  Section 550.235 or, s. 550.3551, or s. 550.3605,
719	relating to dogracing and horseracing.
720	7.  Chapter 550, relating to jai alai frontons.
721	8.  Chapter 552, relating to the manufacture, distribution,
722	and use of explosives.
723	9.  Chapter 562, relating to beverage law enforcement.
724	10.  Section 624.401, relating to transacting insurance
725	without a certificate of authority, s. 624.437(4)(c)1., relating
726	to operating an unauthorized multiple-employer welfare
727	arrangement, or s. 626.902(1)(b), relating to representing or
728	aiding an unauthorized insurer.
729	11.  Chapter 687, relating to interest and usurious
730	practices.
731	12.  Section 721.08, s. 721.09, or s. 721.13, relating to
732	real estate timeshare plans.
733	13.  Chapter 782, relating to homicide.
734	14.  Chapter 784, relating to assault and battery.
735	15.  Chapter 787, relating to kidnapping or human
736	trafficking.
737	16.  Chapter 790, relating to weapons and firearms.
738	17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05, or
739	s. 796.07, relating to prostitution.
740	18.  Chapter 806, relating to arson.
741	19.  Section 810.02(2)(c), relating to specified burglary
742	of a dwelling or structure.
743	20.  Chapter 812, relating to theft, robbery, and related
744	crimes.
745	21.  Chapter 815, relating to computer-related crimes.
746	22.  Chapter 817, relating to fraudulent practices, false
747	pretenses, fraud generally, and credit card crimes.
748	23.  Section 827.071, relating to commercial sexual
749	exploitation of children.
750	24.  Chapter 831, relating to forgery and counterfeiting.
751	25.  Chapter 832, relating to issuance of worthless checks
752	and drafts.
753	26.  Section 836.05, relating to extortion.
754	27.  Chapter 837, relating to perjury.
755	28.  Chapter 838, relating to bribery and misuse of public
756	office.
757	29.  Chapter 843, relating to obstruction of justice.
758	30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
759	s. 847.07, relating to obscene literature and profanity.
760	31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
761	849.25, relating to gambling.
762	32.  Chapter 893, relating to drug abuse prevention and
763	control.
764	33.  Section 914.22 or s. 914.23, relating to witnesses,
765	victims, or informants.
766	34.  Section 918.12 or s. 918.13, relating to tampering
767	with jurors and evidence.
768	(2)  "Unlawful debt" means any money or other thing of
769	value constituting principal or interest of a debt that is
770	legally unenforceable in this state in whole or in part because
771	the debt was incurred or contracted:
772	(a)  In violation of any one of the following provisions of
773	law:
774	1.  Section 550.235 or, s. 550.3551, or s. 550.3605,
775	relating to dogracing and horseracing.
776	2.  Chapter 550, relating to jai alai frontons.
777	3.  Section 687.071, relating to criminal usury, loan
778	sharking, and shylocking.
779	4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
780	849.25, relating to gambling.
781	Section 11.  Paragraph (a) of subsection (1) and paragraph
782	(a) of subsection (2) of section 895.02, Florida Statutes, are
783	amended to read:
784	895.02  Definitions.--As used in ss. 895.01-895.08, the
785	term:
786	(1)  "Racketeering activity" means to commit, to attempt to
787	commit, to conspire to commit, or to solicit, coerce, or
788	intimidate another person to commit:
789	(a)  Any crime that is chargeable by petition, indictment,
790	or information under the following provisions of the Florida
791	Statutes:
792	1.  Section 210.18, relating to evasion of payment of
793	cigarette taxes.
794	2.  Section 316.1935, relating to fleeing or attempting to
795	elude a law enforcement officer and aggravated fleeing or
796	eluding.
797	3.  Section 403.727(3)(b), relating to environmental
798	control.
799	4.  Section 409.920 or s. 409.9201, relating to Medicaid
800	fraud.
801	5.  Section 414.39, relating to public assistance fraud.
802	6.  Section 440.105 or s. 440.106, relating to workers'
803	compensation.
804	7.  Section 443.071(4), relating to creation of a
805	fictitious employer scheme to commit unemployment compensation
806	fraud.
807	8.  Section 465.0161, relating to distribution of medicinal
808	drugs without a permit as an Internet pharmacy.
809	9.  Section 499.0051, relating to crimes involving
810	contraband and adulterated drugs.
811	10.  Part IV of chapter 501, relating to telemarketing.
812	11.  Chapter 517, relating to sale of securities and
813	investor protection.
814	12.  Section 550.235 or, s. 550.3551, or s. 550.3605,
815	relating to dogracing and horseracing.
816	13.  Chapter 550, relating to jai alai frontons.
817	14.  Section 551.109, relating to slot machine gaming.
818	15.  Chapter 552, relating to the manufacture,
819	distribution, and use of explosives.
820	16.  Chapter 560, relating to money transmitters, if the
821	violation is punishable as a felony.
822	17.  Chapter 562, relating to beverage law enforcement.
823	18.  Section 624.401, relating to transacting insurance
824	without a certificate of authority, s. 624.437(4)(c)1., relating
825	to operating an unauthorized multiple-employer welfare
826	arrangement, or s. 626.902(1)(b), relating to representing or
827	aiding an unauthorized insurer.
828	19.  Section 655.50, relating to reports of currency
829	transactions, when such violation is punishable as a felony.
830	20.  Chapter 687, relating to interest and usurious
831	practices.
832	21.  Section 721.08, s. 721.09, or s. 721.13, relating to
833	real estate timeshare plans.
834	22.  Section 775.13(5)(b), relating to registration of
835	persons found to have committed any offense for the purpose of
836	benefiting, promoting, or furthering the interests of a criminal
837	gang.
838	23.  Section 777.03, relating to commission of crimes by
839	accessories after the fact.
840	24.  Chapter 782, relating to homicide.
841	25.  Chapter 784, relating to assault and battery.
842	26.  Chapter 787, relating to kidnapping or human
843	trafficking.
844	27.  Chapter 790, relating to weapons and firearms.
845	28.  Chapter 794, relating to sexual battery, but only if
846	such crime was committed with the intent to benefit, promote, or
847	further the interests of a criminal gang, or for the purpose of
848	increasing a criminal gang member's own standing or position
849	within a criminal gang.
850	29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
851	796.05, or s. 796.07, relating to prostitution and sex
852	trafficking.
853	30.  Chapter 806, relating to arson and criminal mischief.
854	31.  Chapter 810, relating to burglary and trespass.
855	32.  Chapter 812, relating to theft, robbery, and related
856	crimes.
857	33.  Chapter 815, relating to computer-related crimes.
858	34.  Chapter 817, relating to fraudulent practices, false
859	pretenses, fraud generally, and credit card crimes.
860	35.  Chapter 825, relating to abuse, neglect, or
861	exploitation of an elderly person or disabled adult.
862	36.  Section 827.071, relating to commercial sexual
863	exploitation of children.
864	37.  Chapter 831, relating to forgery and counterfeiting.
865	38.  Chapter 832, relating to issuance of worthless checks
866	and drafts.
867	39.  Section 836.05, relating to extortion.
868	40.  Chapter 837, relating to perjury.
869	41.  Chapter 838, relating to bribery and misuse of public
870	office.
871	42.  Chapter 843, relating to obstruction of justice.
872	43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
873	s. 847.07, relating to obscene literature and profanity.
874	44.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
875	849.25, relating to gambling.
876	45.  Chapter 874, relating to criminal gangs.
877	46.  Chapter 893, relating to drug abuse prevention and
878	control.
879	47.  Chapter 896, relating to offenses related to financial
880	transactions.
881	48.  Sections 914.22 and 914.23, relating to tampering with
882	or harassing a witness, victim, or informant, and retaliation
883	against a witness, victim, or informant.
884	49.  Sections 918.12 and 918.13, relating to tampering with
885	jurors and evidence.
886	(2)  "Unlawful debt" means any money or other thing of
887	value constituting principal or interest of a debt that is
888	legally unenforceable in this state in whole or in part because
889	the debt was incurred or contracted:
890	(a)  In violation of any one of the following provisions of
891	law:
892	1.  Section 550.235 or, s. 550.3551, or s. 550.3605,
893	relating to dogracing and horseracing.
894	2.  Chapter 550, relating to jai alai frontons.
895	3.  Section 551.109, relating to slot machine gaming.
896	4.  Chapter 687, relating to interest and usury.
897	5.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
898	849.25, relating to gambling.
899	Section 12.  This act shall take effect upon becoming a
900	law.

CODING: Words stricken are deletions; words underlined are additions.