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