Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SPB 7072
Ì843294;Î843294
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/19/2016 .
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The Committee on Regulated Industries (Sachs) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 20.318, Florida Statutes, is created to
6 read:
7 20.318 Department of Gaming.—There is created a Department
8 of Gaming.
9 (1) GAMING COMMISSION.—There is created a board, as defined
10 in s. 20.03, called the Gaming Commission, which is the head of
11 the Department of Gaming.
12 (a) The commission consists of five members appointed by
13 the Governor and subject to confirmation by the Senate. One
14 member of the commission must be licensed in this state as a
15 certified public accountant with at least 5 years of experience
16 in general accounting, one member must have experience in the
17 fields of investigation or law enforcement, and one member must
18 have experience in the business of gaming.
19 (b) A person may not be appointed to or serve as a member
20 of the commission if the person:
21 1. Is an elected state official.
22 2. Is licensed by the commission, or is an officer of, has
23 a financial interest in, or has a direct or indirect contractual
24 relationship with, any applicant for a license.
25 3. Is related to any person who is licensed by the
26 commission within the second degree of consanguinity or
27 affinity.
28 4. Has, within the 10 years preceding his or her
29 appointment, been indicted for, been convicted of, pled guilty
30 or nolo contendere to, or forfeited bail for a felony or a
31 misdemeanor involving gambling or fraud under the laws of this
32 or any other state or the United States.
33 5. Is a registered lobbyist.
34 (c) Each member of the commission is appointed to a 4-year
35 term. However, for the purpose of providing staggered terms for
36 the initial appointments, three members selected shall be
37 appointed to 4-year terms, and the remaining two members shall
38 be appointed to 2-year terms. Terms expire on June 30. Upon the
39 expiration of the term of a member, the Governor shall appoint a
40 successor to serve for a 4-year term in the same manner as the
41 original appointment. A member of the commission whose term has
42 expired shall continue to serve on the commission until a
43 replacement is appointed. If a vacancy on the commission occurs
44 before the expiration of the term, it shall be filled for the
45 unexpired portion of the term in the same manner as the original
46 appointment.
47 (d) A member of the commission may not serve more than two
48 full terms. Members of the commission shall serve full-time
49 during a term.
50 (e) The commission shall be headquartered in Tallahassee.
51 However, the commission may establish field offices as it deems
52 necessary.
53 (f) The initial meeting of the commission must be held by
54 October 1, 2016. The commission shall elect a chair from among
55 its membership, who remains chair for two full 4-year terms.
56 Upon expiration of the chair’s second term, the commission shall
57 elect a chair from its membership at the next regular scheduled
58 meeting. The commission must meet at least monthly, upon the
59 call of the chair or upon the call of a majority of the members
60 of the commission.
61 (g) The commission shall appoint an executive director. The
62 executive director may hire assistants and other employees as
63 necessary to conduct the business of the commission.
64 (h) The members of the commission, the executive director,
65 and any other employees of the commission may not have a direct
66 or indirect financial interest in the entities that the
67 commission regulates. Such persons also may not engage in any
68 political activity, including using their official authority to
69 influence the result of an election. The members of the
70 commission, the executive director, and other employees or
71 agents of the commission may not engage in outside employment
72 related to the activities or persons regulated by the
73 commission.
74 (i) The members of the commission, the executive director,
75 and each managerial employee must file annual financial
76 disclosures. Such persons must also immediately disclose matters
77 related to criminal arrests, negotiations for an interest in a
78 licensee or applicant, and negotiations for employment with a
79 licensee or an applicant and may not engage in activities that
80 may constitute a conflict of interest.
81 (2) DIVISIONS.—The Department of Gaming shall consist of
82 the following divisions:
83 (a) The Division of Administration.
84 (b) The Division of Enforcement.
85 (c) The Division of Licensure.
86 (d) The Division of Revenue and Audits.
87 (3) DEFINITIONS.—As used in this section, the term:
88 (a) “Commission” means the Gaming Commission.
89 (b) “Department” means the Department of Gaming.
90 (c) “Gaming” means any gaming activity, occupation, or
91 profession regulated by the department.
92 (4) POWERS AND DUTIES.—
93 (a) The department shall adopt rules establishing a
94 procedure for the renewal of licenses.
95 (b) The department shall submit an annual budget to the
96 Legislature at a time and in the manner provided by law.
97 (c) The department shall adopt rules to administer the laws
98 under its authority.
99 (d) The department shall require an oath on application
100 documents as required by rule, which oath must state that the
101 information contained in the document is true and complete.
102 (e) The department shall adopt rules for the control,
103 supervision, and direction of all applicants, permittees, and
104 licensees and for the holding, conducting, and operating of any
105 gaming establishment under the jurisdiction of the department in
106 this state. The department shall have the authority to suspend a
107 permit or license under the jurisdiction of the department if
108 the permitholder or licensee has violated any provision of
109 chapter 550, chapter 551, chapter 849, or rules adopted by the
110 department. Such rules must be uniform in their application and
111 effect, and the duty of exercising this control and power is
112 made mandatory upon the department.
113 (f) The department may take testimony concerning any matter
114 within its jurisdiction and issue summons and subpoenas for any
115 witness and subpoenas duces tecum in connection with any matter
116 within the jurisdiction of the department under its seal and
117 signed by the director. The commission may seek injunctive
118 relief from the courts to enforce this act and any rule adopted
119 by the commission.
120 (g) In addition to the power to exclude certain persons
121 from any pari-mutuel facility in this state, the department may
122 exclude any person from any and all gaming establishments under
123 the jurisdiction of the department for conduct that would
124 constitute, if the person were a licensee, a violation of
125 chapter 550, chapter 551, chapter 849, or the rules of the
126 department. The department may exclude from any gaming
127 establishment under its jurisdiction any person who has been
128 ejected from any pari-mutuel facility or other gaming
129 establishment in this state or who has been excluded from any
130 pari-mutuel facility or other gaming establishment in another
131 state by the governmental department, agency, commission, or
132 authority exercising regulatory jurisdiction over such
133 facilities in such other state. The department may authorize any
134 person who has been ejected or excluded from establishments in
135 this state or another state to enter a pari-mutuel facility or
136 gaming establishment in this state upon a finding that the
137 attendance of such person would not be adverse to the public
138 interest or to the integrity of the industry; however, this
139 paragraph may not be construed to abrogate the common-law right
140 of a pari-mutuel permitholder or a proprietor of a gaming
141 establishment to exclude absolutely a patron in this state.
142 (h) The department may collect taxes and require compliance
143 with reporting requirements for financial information as
144 authorized by chapter 550, chapter 551, or chapter 849. In
145 addition, the executive director of the department may require
146 gaming establishments within its jurisdiction to remit taxes,
147 including fees, by electronic funds transfer.
148 (i) The department may conduct investigations necessary for
149 enforcing chapters 550, 551, and 849.
150 (j) The department may impose, for a violation of chapter
151 550, chapter 551, or chapter 849, an administrative fine of not
152 more than $1,000 for each count or separate offense, except as
153 otherwise provided in chapter 550, chapter 551, or chapter 849,
154 and may suspend or revoke a permit, an operating license, or an
155 occupational license for a violation of chapter 550, chapter
156 551, or chapter 849. All fines imposed and collected under this
157 paragraph must be deposited with the Chief Financial Officer to
158 the credit of the General Revenue Fund.
159 (k) The department shall have full authority and power to
160 make, adopt, amend, or repeal rules relating to gaming
161 operations, to enforce and to carry out the provisions of
162 chapters 550, 551, and 849, and to regulate authorized gaming
163 activities in the state, including rules that specify the types
164 of games that are authorized, the times during which such games
165 are authorized, and the places at which such games are
166 authorized. The commission shall establish procedures to
167 scientifically test slot machines and other authorized gaming
168 equipment.
169 (l) The department shall provide advisory opinions when
170 requested by any law enforcement official, state attorney, or
171 entity licensed by the department relating to the application of
172 state gaming laws with respect to whether a particular act or
173 device constitutes legal or illegal gambling under state laws
174 and administrative rules adopted thereunder. A written record
175 shall be retained of all such opinions issued by the department,
176 which shall be sequentially numbered, dated, and indexed by
177 subject matter. Any person or entity acting in good faith upon
178 an advisory opinion that such person or entity requested and
179 received is not subject to any criminal penalty provided for
180 under state law for illegal gambling. The opinion, until amended
181 or revoked, is binding on any person or entity who sought the
182 opinion, or with reference to whom the opinion was sought,
183 unless material facts were omitted or misstated in the request
184 for the advisory opinion. The department may adopt rules
185 regarding the process for securing an advisory opinion and may
186 require in those rules the submission of any potential gaming
187 apparatus for testing by a licensed testing laboratory to prove
188 or disprove the compliance of the apparatus with state law
189 before the issuance of an opinion by the department.
190 (m) The department may employ law enforcement officers as
191 defined in s. 943.10 within the Division of Enforcement to
192 enforce any statute or law of this state related to gambling, to
193 enforce any other criminal law, or to conduct any criminal
194 investigation.
195 1. In order to be a law enforcement officer for the
196 department, a person must meet the minimum qualifications for a
197 law enforcement officer under s. 943.13 and must be certified
198 for employment or appointment as an officer by the Department of
199 Law Enforcement under s. 943.1395. Upon certification, each law
200 enforcement officer is subject to, and has the authority
201 provided for law enforcement officers generally in, chapter 901
202 and has statewide jurisdiction. Each officer also has full law
203 enforcement powers.
204 2. The department may also appoint part-time, reserve, or
205 auxiliary law enforcement officers pursuant to chapter 943.
206 3. A law enforcement officer of the department, upon
207 certification pursuant to s. 943.1395, has the same right and
208 authority to carry arms as do the sheriffs of this state.
209 4. A law enforcement officer in this state who is certified
210 pursuant to chapter 943 has the same authority as a law
211 enforcement officer designated in this section to enforce the
212 laws of this state described in this paragraph.
213 (n) The department shall contract with the Department of
214 Revenue, through an interagency agreement, to perform the tax
215 collection and financial audit services for the taxes required
216 to be collected by entities licensed or regulated by chapter
217 550, chapter 551, or chapter 849. The interagency agreement must
218 also allow the Department of Revenue to assist in any financial
219 investigation of a licensee or an application for a license by
220 the Department of Gaming or a law enforcement agency.
221 (5) LICENSING.—The department may:
222 (a) Close and terminate deficient license application files
223 2 years after the department notifies the applicant of the
224 deficiency; and
225 (b) Approve gaming-related licenses that meet all statutory
226 and rule requirements for licensure.
227 Section 2. (1) All of the statutory powers, duties, and
228 functions, records, personnel, property, and unexpended balances
229 of appropriations, allocations, or others funds for the
230 administration of chapter 550, Florida Statutes, relating to
231 pari-mutuel wagering; chapter 551, Florida Statutes, relating to
232 slot machine gaming; and s. 849.086, Florida Statutes, relating
233 to cardroom operations, shall be transferred by a type two
234 transfer, as defined in s. 20.06(2), Florida Statutes, from the
235 Division of Pari-mutuel Wagering within the Department of
236 Business and Professional Regulation to the Department of
237 Gaming.
238 (2) The transfer of regulatory authority under chapter 550,
239 Florida Statutes; chapter 551, Florida Statutes; and s. 849.086,
240 Florida Statutes, provided by this section does not affect the
241 validity of any judicial or administrative action pending as of
242 11:59 p.m. on the day before the effective date of this section
243 to which the Division of Pari-mutuel Wagering is at that time a
244 party, and the Department of Gaming shall be substituted as a
245 party in interest in any such action.
246 (3) All lawful orders issued by the Division of Pari-mutuel
247 Wagering implementing, enforcing, or otherwise in regard to any
248 provision of chapter 550, Florida Statutes; chapter 551, Florida
249 Statutes; and s. 849.086, Florida Statutes, issued before the
250 effective date of this section shall remain in effect and be
251 enforceable after the effective date of this section unless
252 thereafter modified in accordance with law.
253 (4) The rules of the Division of Pari-mutuel Wagering
254 relating to the implementation of chapter 550, Florida Statutes;
255 chapter 551, Florida Statutes; and s. 849.086, Florida Statutes,
256 which were in effect at 11:59 p.m. on the day before the
257 effective date of this section shall become the rules of the
258 Department of Gaming and shall remain in effect until amended or
259 repealed in the manner provided by law.
260 (5) Notwithstanding the transfer of regulatory authority
261 under chapter 550, Florida Statutes; chapter 551, Florida
262 Statutes; and s. 849.086, Florida Statutes, provided by this
263 section, persons and entities holding in good standing any
264 license or permit under chapter 550, Florida Statutes; chapter
265 551, Florida Statutes; and s. 849.086, Florida Statutes, as of
266 11:59 p.m. on the day before the effective date of this section
267 shall, as of the effective date of this section, be deemed to
268 hold in good standing a license or permit in the same capacity
269 as that for which the license or permit was formerly issued.
270 (6) Notwithstanding the transfer of regulatory authority
271 under chapter 550, Florida Statutes; chapter 551, Florida
272 Statutes; and s. 849.086, Florida Statutes, provided by this
273 section, persons and entities holding in good standing any
274 certification under chapter 550, Florida Statutes; chapter 551,
275 Florida Statutes; and s. 849.086, Florida Statutes, as of 11:59
276 p.m. on the day before the effective date of this section shall,
277 as of the effective date of this section, be deemed to be
278 certified in the same capacity in which they were formerly
279 certified.
280 (7) This section is effective October 1, 2016.
281 Section 3. Subsection (2) of section 20.165, Florida
282 Statutes, is amended to read:
283 20.165 Department of Business and Professional Regulation.
284 There is created a Department of Business and Professional
285 Regulation.
286 (2) The following divisions of the Department of Business
287 and Professional Regulation are established:
288 (a) Division of Administration.
289 (b) Division of Alcoholic Beverages and Tobacco.
290 (c) Division of Certified Public Accounting.
291 1. The director of the division shall be appointed by the
292 secretary of the department, subject to approval by a majority
293 of the Board of Accountancy.
294 2. The offices of the division shall be located in
295 Gainesville.
296 (d) Division of Drugs, Devices, and Cosmetics.
297 (e) Division of Florida Condominiums, Timeshares, and
298 Mobile Homes.
299 (f) Division of Hotels and Restaurants.
300 (g) Division of Pari-mutuel Wagering.
301 (g)(h) Division of Professions.
302 (h)(i) Division of Real Estate.
303 1. The director of the division shall be appointed by the
304 secretary of the department, subject to approval by a majority
305 of the Florida Real Estate Commission.
306 2. The offices of the division shall be located in Orlando.
307 (i)(j) Division of Regulation.
308 (j)(k) Division of Technology.
309 (k)(l) Division of Service Operations.
310 Section 4. Subsection (4) of section 120.80, Florida
311 Statutes, is amended, and subsection (19) is added to that
312 section, to read:
313 120.80 Exceptions and special requirements; agencies.—
314 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
315 (a) Business regulation.—The Division of Pari-mutuel
316 Wagering is exempt from the hearing and notice requirements of
317 ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
318 boards of judges when the hearing is to be held for the purpose
319 of the imposition of fines or suspensions as provided by rules
320 of the Division of Pari-mutuel Wagering, but not for
321 revocations, and only upon violations of subparagraphs 1.-6. The
322 Division of Pari-mutuel Wagering shall adopt rules establishing
323 alternative procedures, including a hearing upon reasonable
324 notice, for the following violations:
325 1. Horse riding, harness riding, greyhound interference,
326 and jai alai game actions in violation of chapter 550.
327 2. Application and usage of drugs and medication to horses,
328 greyhounds, and jai alai players in violation of chapter 550.
329 3. Maintaining or possessing any device which could be used
330 for the injection or other infusion of a prohibited drug to
331 horses, greyhounds, and jai alai players in violation of chapter
332 550.
333 4. Suspensions under reciprocity agreements between the
334 Division of Pari-mutuel Wagering and regulatory agencies of
335 other states.
336 5. Assault or other crimes of violence on premises licensed
337 for pari-mutuel wagering.
338 6. Prearranging the outcome of any race or game.
339 (b) Professional regulation.—Notwithstanding s.
340 120.57(1)(a), formal hearings may not be conducted by the
341 Secretary of Business and Professional Regulation or a board or
342 member of a board within the Department of Business and
343 Professional Regulation for matters relating to the regulation
344 of professions, as defined by chapter 455.
345 (19) DEPARTMENT OF GAMING.—The department is exempt from
346 the hearing and notice requirements of ss. 120.569 and
347 120.57(1)(a), but only for stewards, judges, and boards of
348 judges when the hearing is to be held for the purpose of the
349 imposition of fines or suspensions as provided by rules of the
350 Department of Gaming, but not for revocations, and only upon
351 violations of paragraphs (a) through (f). The Department of
352 Gaming shall adopt rules establishing alternative procedures,
353 including a hearing upon reasonable notice, for the following
354 violations:
355 (a) Horse riding, harness riding, greyhound interference,
356 and jai alai game actions in violation of chapter 550.
357 (b) Application and usage of drugs and medication to
358 horses, greyhounds, and jai alai players in violation of chapter
359 550.
360 (c) Maintaining or possessing any device which could be
361 used for the injection or other infusion of a prohibited drug to
362 horses, greyhounds, and jai alai players in violation of chapter
363 550.
364 (d) Suspensions under reciprocity agreements between the
365 Department of Gaming and regulatory agencies of other states.
366 (e) Assault or other crimes of violence on premises
367 licensed for pari-mutuel wagering.
368 (f) Prearranging the outcome of any race or game.
369 Section 5. Subsections (5), (6), and (7) and present
370 subsection (11) of section 550.002, Florida Statutes, are
371 amended, present subsections (8) through (37) of that section
372 are redesignated as subsections (7) through (36), respectively,
373 and a new subsection (37) is added to that section, to read:
374 550.002 Definitions.—As used in this chapter, the term:
375 (5) “Current meet” or “current race meet” means the conduct
376 of racing or games pursuant to a current year’s operating
377 license issued by the department division.
378 (6) “Department” means the Department of Gaming Business
379 and Professional Regulation.
380 (7) “Division” means the Division of Pari-mutuel Wagering
381 within the Department of Business and Professional Regulation.
382 (10)(a)(11) “Full schedule of live racing or games” means:,
383 1. For a greyhound racing permitholder or jai alai
384 permitholder, the conduct of a combination of at least 100 live
385 evening or matinee performances during the preceding year.; for
386 a permitholder who has a converted permit or filed an
387 application on or before June 1, 1990, for a converted permit,
388 the conduct of a combination of at least 100 live evening and
389 matinee wagering performances during either of the 2 preceding
390 years;
391 2. For a jai alai permitholder that who does not operate
392 slot machines in its pari-mutuel facility, who has conducted at
393 least 100 live performances per year for at least 10 years after
394 December 31, 1992, and has had whose handle on live jai alai
395 games conducted at its pari-mutuel facility which was has been
396 less than $4 million per state fiscal year for at least 2
397 consecutive years after June 30, 1992, the conduct of a
398 combination of at least 40 live evening or matinee performances
399 during the preceding year.;
400 3. For a jai alai permitholder that who operates slot
401 machines in its pari-mutuel facility, the conduct of a
402 combination of at least 150 performances during the preceding
403 year.;
404 4. For a summer jai alai permitholder, the conduct of at
405 least 58 live performances during the preceding year, unless the
406 permitholder meets the requirements of subparagraph 2.
407 5. For a harness horse racing permitholder, the conduct of
408 at least 100 live regular wagering performances during the
409 preceding year.;
410 6. For a quarter horse racing permitholder at its facility,
411 unless an alternative schedule of at least 20 live regular
412 wagering performances each year is agreed upon by the
413 permitholder and either the Florida Quarter Horse Racing
414 Association or the horsemen horsemen’s association representing
415 the majority of the quarter horse owners and trainers at the
416 facility and filed with the division along with its annual
417 operating license date application:,
418 a. In the 2010-2011 fiscal year, the conduct of at least 20
419 regular wagering performances.,
420 b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
421 of at least 30 live regular wagering performances., and
422 c. For every fiscal year after the 2012-2013 fiscal year,
423 the conduct of at least 40 live regular wagering performances.;
424 7. For a quarter horse racing permitholder leasing another
425 licensed racetrack, the conduct of 160 events at the leased
426 facility during the preceding year.; and
427 8. For a thoroughbred racing permitholder, the conduct of
428 at least 40 live regular wagering performances during the
429 preceding year.
430 (b) For a permitholder which is restricted by statute to
431 certain operating periods within the year when other members of
432 its same class of permit are authorized to operate throughout
433 the year, the specified number of live performances which
434 constitute a full schedule of live racing or games shall be
435 adjusted pro rata in accordance with the relationship between
436 its authorized operating period and the full calendar year and
437 the resulting specified number of live performances shall
438 constitute the full schedule of live games for such permitholder
439 and all other permitholders of the same class within 100 air
440 miles of such permitholder. A live performance must consist of
441 no fewer than eight races or games conducted live for each of a
442 minimum of three performances each week at the permitholder’s
443 licensed facility under a single admission charge.
444 (37) “Video race system” or “video race” means a form of
445 pari-mutuel wagering based on video signals of previously
446 conducted in-state or out-of-state thoroughbred races which are
447 sent from an in-state server that is operated by a licensed
448 totalizator company and displayed at individual wagering
449 terminals.
450 Section 6. Section 550.01215, Florida Statutes, is amended
451 to read:
452 550.01215 License application; periods of operation; bond,
453 conversion of permit.—
454 (1) Each permitholder shall annually, during the period
455 between December 15 and January 4, file in writing with the
456 department division its application for an operating a license
457 to conduct pari-mutuel wagering during the next fiscal year,
458 including intertrack and simulcast race wagering for greyhound
459 permitholders, jai alai permitholders, harness horse racing
460 permitholders, and quarter horse racing permitholders that do
461 not to conduct live performances during the next state fiscal
462 year. Each application for live performances must shall specify
463 the number, dates, and starting times of all live performances
464 that which the permitholder intends to conduct. It must shall
465 also specify which performances will be conducted as charity or
466 scholarship performances.
467 (a) In addition, Each application for an operating a
468 license also must shall include:,
469 1. For each permitholder that which elects to accept wagers
470 on broadcast events, the dates for all such events.
471 2. For each permitholder that elects to operate a cardroom,
472 the dates and periods of operation the permitholder intends to
473 operate the cardroom. or,
474 3. For each thoroughbred racing permitholder that which
475 elects to receive or rebroadcast out-of-state races after 7
476 p.m., the dates for all performances which the permitholder
477 intends to conduct.
478 (b) A greyhound racing permitholder that conducted a full
479 schedule of live racing for a period of at least 10 consecutive
480 state fiscal years after the 1996-1997 state fiscal year, or
481 that converted its permit to a permit to conduct greyhound
482 racing after that fiscal year, may specify in its application
483 for an operating license that it does not intend to conduct live
484 racing, or that it intends to conduct less than a full schedule
485 of live racing, in the next state fiscal year. A greyhound
486 racing permitholder may receive an operating license to conduct
487 pari-mutuel wagering activities at another permitholder’s
488 greyhound racing facility pursuant to s. 550.475.
489 (c) Permitholders may shall be entitled to amend their
490 applications through February 28.
491 (2) After the first license has been issued to a
492 permitholder, all subsequent annual applications for a license
493 shall be accompanied by proof, in such form as the department
494 division may by rule require, that the permitholder continues to
495 possess the qualifications prescribed by this chapter, and that
496 the permit has not been disapproved at a later election.
497 (3) The department division shall issue each license no
498 later than March 15. Each permitholder shall operate all
499 performances at the date and time specified on its license. The
500 department division shall have the authority to approve minor
501 changes in racing dates after a license has been issued. The
502 department division may approve changes in racing dates after a
503 license has been issued when there is no objection from any
504 operating permitholder located within 50 miles of the
505 permitholder requesting the changes in operating dates. In the
506 event of an objection, the department division shall approve or
507 disapprove the change in operating dates based upon the impact
508 on operating permitholders located within 50 miles of the
509 permitholder requesting the change in operating dates. In making
510 the determination to change racing dates, the department
511 division shall take into consideration the impact of such
512 changes on state revenues. Notwithstanding any other provision
513 of law, and for the 2016-2017 fiscal year only, the department
514 may approve changes in racing dates for greyhound racing
515 permitholders if the request for such changes is received before
516 August 31, 2016.
517 (4) If In the event that a permitholder fails to operate
518 all performances specified on its license at the date and time
519 specified, the department division shall hold a hearing to
520 determine whether to fine or suspend the permitholder’s license,
521 unless such failure was the direct result of fire, strike, war,
522 or other disaster or event beyond the ability of the
523 permitholder to control. Financial hardship to the permitholder
524 does shall not, in and of itself, constitute just cause for
525 failure to operate all performances on the dates and at the
526 times specified.
527 (5) If In the event that performances licensed to be
528 operated by a permitholder are vacated, abandoned, or will not
529 be used for any reason, any permitholder shall be entitled,
530 pursuant to rules adopted by the department division, to apply
531 to conduct performances on the dates for which the performances
532 have been abandoned. The department division shall issue an
533 amended license for all such replacement performances that which
534 have been requested in compliance with the provisions of this
535 chapter and department division rules.
536 (6) A summer jai alai permitholder may apply for an
537 operating license to operate a jai alai fronton only during the
538 summer season beginning May 1 and ending November 30 of each
539 year on such dates as may be selected by the permitholder. Such
540 permitholder is subject to the same taxes, rules, and provisions
541 of this chapter which apply to the operation of winter jai alai
542 frontons. A summer jai alai permitholder is not eligible for
543 licensure to conduct a cardroom or a slot machine facility. A
544 summer jai alai permitholder and a winter jai alai permitholder
545 may not operate on the same days or in competition with each
546 other. This subsection does not prevent a summer jai alai
547 licensee from leasing the facilities of a winter jai alai
548 licensee for the operation of a summer meet Any permit which was
549 converted from a jai alai permit to a greyhound permit may be
550 converted to a jai alai permit at any time if the permitholder
551 never conducted greyhound racing or if the permitholder has not
552 conducted greyhound racing for a period of 12 consecutive
553 months.
554 Section 7. Section 550.0251, Florida Statutes, is amended
555 to read:
556 550.0251 The powers and duties of the Division of Pari
557 mutuel Wagering of the Department of Gaming Business and
558 Professional Regulation.—The department division shall
559 administer this chapter and regulate the pari-mutuel industry
560 under this chapter and the rules adopted pursuant thereto, and:
561 (1) The department division shall make an annual report to
562 the Governor, the President of the Senate, and the Speaker of
563 the House of Representatives. The report shall include, at a
564 minimum:
565 (a) Recent events in the gaming industry, including pending
566 litigation; pending permitholder, facility, cardroom, slot, or
567 operating license applications; and new and pending rules.
568 (b) Actions of the department relating to the
569 implementation and administration of this chapter.
570 (c) The state revenues and expenses associated with each
571 form of authorized gaming. Revenues and expenses associated with
572 pari-mutuel wagering must be further delineated by the class of
573 license.
574 (d) The performance of each pari-mutuel wagering licensee,
575 cardroom licensee, and slot machine licensee.
576 (e) A summary of disciplinary actions taken by the
577 department.
578 (f) Any suggestions to more effectively achieve showing its
579 own actions, receipts derived under the provisions of this
580 chapter, the practical effects of the application of this
581 chapter, and any suggestions it may approve for the more
582 effectual accomplishments of the purposes of this chapter.
583 (2) The department division shall require an oath on
584 application documents as required by rule, which oath must state
585 that the information contained in the document is true and
586 complete.
587 (3) The department division shall adopt reasonable rules
588 for the control, supervision, and direction of all applicants,
589 permittees, and licensees and for the holding, conducting, and
590 operating of all racetracks, race meets, and races held in this
591 state. Such rules must be uniform in their application and
592 effect, and the duty of exercising this control and power is
593 made mandatory upon the department division.
594 (4) The department division may take testimony concerning
595 any matter within its jurisdiction and issue summons and
596 subpoenas for any witness and subpoenas duces tecum in
597 connection with any matter within the jurisdiction of the
598 department division under its seal and signed by the executive
599 director.
600 (5) The department division may adopt rules establishing
601 procedures for testing occupational licenseholders officiating
602 at or participating in any race or game at any pari-mutuel
603 facility under the jurisdiction of the department division for a
604 controlled substance or alcohol and may prescribe procedural
605 matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
606 (6) In addition to the power to exclude certain persons
607 from any pari-mutuel facility in this state, the department
608 division may exclude any person from any and all pari-mutuel
609 facilities in this state for conduct that would constitute, if
610 the person were a licensee, a violation of this chapter or the
611 rules of the department division. The department division may
612 exclude from any pari-mutuel facility within this state any
613 person who has been ejected from a pari-mutuel facility in this
614 state or who has been excluded from any pari-mutuel facility in
615 another state by the governmental department, agency,
616 commission, or authority exercising regulatory jurisdiction over
617 pari-mutuel facilities in such other state. The department
618 division may authorize any person who has been ejected or
619 excluded from pari-mutuel facilities in this state or another
620 state to attend the pari-mutuel facilities in this state upon a
621 finding that the attendance of such person at pari-mutuel
622 facilities would not be adverse to the public interest or to the
623 integrity of the sport or industry; however, this subsection
624 does shall not be construed to abrogate the common-law right of
625 a pari-mutuel permitholder to exclude absolutely a patron in
626 this state.
627 (7) The department division may oversee the making of, and
628 distribution from, all pari-mutuel pools.
629 (8) The department may collect taxes and require compliance
630 with reporting requirements for financial information as
631 authorized by this chapter. In addition, the secretary of the
632 department may require permitholders conducting pari-mutuel
633 operations within the state to remit taxes, including fees, by
634 electronic funds transfer if the taxes and fees amounted to
635 $50,000 or more in the prior reporting year.
636 (9) The department division may conduct investigations in
637 enforcing this chapter, except that all information obtained
638 pursuant to an investigation by the department division for an
639 alleged violation of this chapter or rules of the department
640 division is exempt from s. 119.07(1) and from s. 24(a), Art. I
641 of the State Constitution until an administrative complaint is
642 issued or the investigation is closed or ceases to be active.
643 This subsection does not prohibit the department division from
644 providing such information to any law enforcement agency or to
645 any other regulatory agency. For the purposes of this
646 subsection, an investigation is considered to be active while it
647 is being conducted with reasonable dispatch and with a
648 reasonable, good faith belief that it could lead to an
649 administrative, civil, or criminal action by the department
650 division or another administrative or law enforcement agency.
651 Except for active criminal intelligence or criminal
652 investigative information, as defined in s. 119.011, and any
653 other information that, if disclosed, would jeopardize the
654 safety of an individual, all information, records, and
655 transcriptions become public when the investigation is closed or
656 ceases to be active.
657 (10) The department division may impose an administrative
658 fine for a violation under this chapter of not more than $1,000
659 for each count or separate offense, except as otherwise provided
660 in this chapter, and may suspend or revoke a permit, a pari
661 mutuel license, or an occupational license for a violation under
662 this chapter. All fines imposed and collected under this
663 subsection must be deposited with the Chief Financial Officer to
664 the credit of the General Revenue Fund.
665 (11) The department division shall supervise and regulate
666 the welfare of racing animals at pari-mutuel facilities.
667 (12) The department may division shall have full authority
668 and power to make, adopt, amend, or repeal rules relating to
669 cardroom operations, to enforce and to carry out the provisions
670 of s. 849.086, and to regulate the authorized cardroom
671 activities in the state.
672 (13) The department may division shall have the authority
673 to suspend a permitholder’s permit or license, if such
674 permitholder is operating a cardroom facility and such
675 permitholder’s cardroom license has been suspended or revoked
676 pursuant to s. 849.086.
677 Section 8. Section 550.054, Florida Statutes, is amended to
678 read:
679 550.054 Application for permit to conduct pari-mutuel
680 wagering.—
681 (1) Any person who possesses the qualifications prescribed
682 in this chapter may apply to the department division for a
683 permit to conduct pari-mutuel operations under this chapter.
684 Applications for a pari-mutuel permit are exempt from the 90-day
685 licensing requirement of s. 120.60. Within 120 days after
686 receipt of a complete application, the department division shall
687 grant or deny the permit. A completed application that is not
688 acted upon within 120 days after receipt is deemed approved, and
689 the department division shall grant the permit.
690 (2) Upon each application filed and approved, a permit
691 shall be issued to the applicant setting forth the name of the
692 permitholder, the location of the pari-mutuel facility, the type
693 of pari-mutuel activity desired to be conducted, and a statement
694 showing qualifications of the applicant to conduct pari-mutuel
695 performances under this chapter; however, a permit is
696 ineffectual to authorize any pari-mutuel performances until
697 approved by a majority of the electors participating in a
698 ratification election in the county in which the applicant
699 proposes to conduct pari-mutuel wagering activities. In
700 addition, an application may not be considered, nor may a permit
701 be issued by the department division or be voted upon in any
702 county, to conduct horseraces, harness horse races, or dograces
703 at a location within 100 miles of an existing pari-mutuel
704 facility, or for jai alai within 50 miles of an existing pari
705 mutuel facility; this distance shall be measured on a straight
706 line from the nearest property line of one pari-mutuel facility
707 to the nearest property line of the other facility.
708 (3) The department division shall require that each
709 applicant submit an application setting forth:
710 (a) The full name of the applicant.
711 (b) If a corporation, the name of the state in which
712 incorporated and the names and addresses of the officers,
713 directors, and shareholders holding 5 percent or more equity or,
714 if a business entity other than a corporation, the names and
715 addresses of the principals, partners, or shareholders holding 5
716 percent or more equity.
717 (c) The names and addresses of the ultimate equitable
718 owners for a corporation or other business entity, if different
719 from those provided under paragraph (b), unless the securities
720 of the corporation or entity are registered pursuant to s. 12 of
721 the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
722 if such corporation or entity files with the United States
723 Securities and Exchange Commission the reports required by s. 13
724 of that act or if the securities of the corporation or entity
725 are regularly traded on an established securities market in the
726 United States.
727 (d) The exact location where the applicant will conduct
728 pari-mutuel performances.
729 (e) Whether the pari-mutuel facility is owned or leased
730 and, if leased, the name and residence of the fee owner or, if a
731 corporation, the names and addresses of the directors and
732 stockholders thereof. However, this chapter does not prevent a
733 person from applying to the department division for a permit to
734 conduct pari-mutuel operations, regardless of whether the pari
735 mutuel facility has been constructed or not, and having an
736 election held in any county at the same time that elections are
737 held for the ratification of any permit in that county.
738 (f) A statement of the assets and liabilities of the
739 applicant.
740 (g) The names and addresses of any mortgagee of any pari
741 mutuel facility and any financial agreement between the parties.
742 The department division may require the names and addresses of
743 the officers and directors of the mortgagee, and of those
744 stockholders who hold more than 10 percent of the stock of the
745 mortgagee.
746 (h) A business plan for the first year of operation.
747 (i) For each individual listed in the application as an
748 owner, partner, officer, or director, a complete set of
749 fingerprints that has been taken by an authorized law
750 enforcement officer. These sets of fingerprints must be
751 submitted to the Federal Bureau of Investigation for processing.
752 Applicants who are foreign nationals shall submit such documents
753 as necessary to allow the department division to conduct
754 criminal history records checks in the applicant’s home country.
755 The applicant must pay the cost of processing. The department
756 division may charge a $2 handling fee for each set of
757 fingerprint records.
758 (j) The type of pari-mutuel activity to be conducted and
759 the desired period of operation.
760 (k) Other information the department division requires.
761 (4) The department division shall require each applicant to
762 deposit with the board of county commissioners of the county in
763 which the election is to be held, a sufficient sum, in currency
764 or by check certified by a bank licensed to do business in the
765 state to pay the expenses of holding the election provided in s.
766 550.0651.
767 (5) Upon receiving an application and any amendments
768 properly made thereto, the department division shall further
769 investigate the matters contained in the application. If the
770 applicant meets all requirements, conditions, and qualifications
771 set forth in this chapter and the rules of the department
772 division, the department division shall grant the permit.
773 (6) After initial approval of the permit and the source of
774 financing, the terms and parties of any subsequent refinancing
775 must be disclosed by the applicant or the permitholder to the
776 department division.
777 (7) If the department division refuses to grant the permit,
778 the money deposited with the board of county commissioners for
779 holding the election must be refunded to the applicant. If the
780 department division grants the permit applied for, the board of
781 county commissioners shall order an election in the county to
782 decide whether the permit will be approved, as provided in s.
783 550.0651.
784 (8)(a) The department division may charge the applicant for
785 reasonable, anticipated costs incurred by the department
786 division in determining the eligibility of any person or entity
787 specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
788 against such person or entity.
789 (b) The department division may, by rule, determine the
790 manner of paying its anticipated costs associated with
791 determination of eligibility and the procedure for filing
792 applications for determination of eligibility.
793 (c) The department division shall furnish to the applicant
794 an itemized statement of actual costs incurred during the
795 investigation to determine eligibility.
796 (d) If unused funds remain at the conclusion of such
797 investigation, they must be returned to the applicant within 60
798 days after the determination of eligibility has been made.
799 (e) If the actual costs of investigation exceed anticipated
800 costs, the department division shall assess the applicant the
801 amount necessary to recover all actual costs.
802 (9)(a) After a permit has been granted by the department
803 division and has been ratified and approved by the majority of
804 the electors participating in the election in the county
805 designated in the permit, the department division shall grant to
806 the lawful permitholder, subject to the conditions of this
807 chapter, a license to conduct pari-mutuel operations under this
808 chapter, and, except as provided in s. 550.5251, the department
809 division shall fix annually the time, place, and number of days
810 during which pari-mutuel operations may be conducted by the
811 permitholder at the location fixed in the permit and ratified in
812 the election. After the first license has been issued to the
813 holder of a ratified permit for racing in any county, all
814 subsequent annual applications for a license by that
815 permitholder must be accompanied by proof, in such form as the
816 department division requires, that the ratified permitholder
817 still possesses all the qualifications prescribed by this
818 chapter and that the permit has not been recalled at a later
819 election held in the county.
820 (b) The department division may revoke or suspend any
821 permit or license issued under this chapter upon a the willful
822 violation by the permitholder or licensee of any provision of
823 this chapter or rules of any rule adopted pursuant thereto under
824 this chapter. With the exception of the revocation of permits
825 required in paragraphs (c), (d), (f), and (g), In lieu of
826 suspending or revoking a permit or license, the department
827 division may, in lieu of suspending or revoking a permit or
828 license, impose a civil penalty against the permitholder or
829 licensee for a violation of this chapter or rules adopted
830 pursuant thereto any rule adopted by the division. The penalty
831 so imposed may not exceed $1,000 for each count or separate
832 offense. All penalties imposed and collected must be deposited
833 with the Chief Financial Officer to the credit of the General
834 Revenue Fund.
835 (c) Unless a failure to obtain an operating license and to
836 operate was the direct result of fire, strike, war, or other
837 disaster or event beyond the permitholder’s control, the
838 department shall revoke the permit of any permitholder that has
839 not obtained an operating license in accordance with s.
840 550.01215 for a period of more than 24 consecutive months after
841 June 30, 2012. The department shall revoke the permit upon
842 adequate notice to the permitholder. Financial hardship to the
843 permitholder does not, in and of itself, constitute just cause
844 for failure to operate.
845 (d) The department shall revoke the permit of any
846 permitholder that fails to make payments pursuant to s.
847 550.0951(5) for more than 24 consecutive months unless such
848 failure to pay tax on handle was the direct result of fire,
849 strike, war, or other disaster or event beyond the
850 permitholder’s control. Financial hardship to the permitholder
851 does not, in and of itself, constitute just cause for failure to
852 pay tax on handle.
853 (e) Notwithstanding any other provision of law, a new
854 permit to conduct pari-mutuel wagering may not be approved or
855 issued after July 1, 2016.
856 (f) A permit revoked under this subsection is void and may
857 not be reissued.
858 (g) A permitholder may apply to the department to place the
859 permit into inactive status for a period of 12 months pursuant
860 to the rules adopted under this chapter. The department, upon
861 good cause shown by the permitholder, may renew inactive status
862 for a period of up to 12 months, but a permit may not be in
863 inactive status for a period of more than 24 consecutive months.
864 Holders of permits in inactive status are not eligible for
865 licensure for pari-mutuel wagering, slot machines, or cardrooms.
866 (10) If a permitholder has failed to complete construction
867 of at least 50 percent of the facilities necessary to conduct
868 pari-mutuel operations within 12 months after approval by the
869 voters of the permit, the department division shall revoke the
870 permit upon adequate notice to the permitholder. However, the
871 department division, upon good cause shown by the permitholder,
872 may grant one extension of up to 12 months.
873 (11)(a) A permit granted under this chapter may not be
874 transferred or assigned except upon written approval by the
875 department division pursuant to s. 550.1815, except that the
876 holder of any permit that has been converted to a jai alai
877 permit may lease or build anywhere within the county in which
878 its permit is located.
879 (b) If a permit to conduct pari-mutuel wagering is held by
880 a corporation or business entity other than an individual, the
881 transfer of 10 percent or more of the stock or other evidence of
882 ownership or equity in the permitholder may not be made without
883 the prior approval of the transferee by the department division
884 pursuant to s. 550.1815.
885 (12) Changes in ownership or interest of a pari-mutuel
886 permit of 5 percent or more of the stock or other evidence of
887 ownership or equity in the permitholder must shall be approved
888 by the department before division prior to such change, unless
889 the owner is an existing owner of that permit who was previously
890 approved by the department division. Changes in ownership or
891 interest of a pari-mutuel permit of less than 5 percent must
892 shall be reported to the department division within 20 days of
893 the change. The department division may then conduct an
894 investigation to ensure that the permit is properly updated to
895 show the change in ownership or interest.
896 (13)(a) Notwithstanding any provision provisions of this
897 chapter or chapter 551, a pari-mutuel no thoroughbred horse
898 racing permit or license issued under this chapter or chapter
899 551 may not shall be transferred, or reissued when such
900 reissuance is in the nature of a transfer so as to permit or
901 authorize a licensee to change the location of a pari-mutuel
902 facility, cardroom, or slot machine facility. thoroughbred horse
903 racetrack except upon proof in such form as the division may
904 prescribe that a referendum election has been held:
905 1. If the proposed new location is within the same county
906 as the already licensed location, in the county where the
907 licensee desires to conduct the race meeting and that a majority
908 of the electors voting on that question in such election voted
909 in favor of the transfer of such license.
910 2. If the proposed new location is not within the same
911 county as the already licensed location, in the county where the
912 licensee desires to conduct the race meeting and in the county
913 where the licensee is already licensed to conduct the race
914 meeting and that a majority of the electors voting on that
915 question in each such election voted in favor of the transfer of
916 such license.
917 (b) Each referendum held under the provisions of this
918 subsection shall be held in accordance with the electoral
919 procedures for ratification of permits, as provided in s.
920 550.0651. The expense of each such referendum shall be borne by
921 the licensee requesting the transfer.
922 (14)(a) Notwithstanding any other provision of law, a pari
923 mutuel facility, cardroom, or slot machine facility may not be
924 relocated except as provided in paragraph (b), and a pari-mutuel
925 permit may not be converted to another class of permit. Any
926 holder of a permit to conduct jai alai may apply to the division
927 to convert such permit to a permit to conduct greyhound racing
928 in lieu of jai alai if:
929 1. Such permit is located in a county in which the division
930 has issued only two pari-mutuel permits pursuant to this
931 section;
932 2. Such permit was not previously converted from any other
933 class of permit; and
934 3. The holder of the permit has not conducted jai alai
935 games during a period of 10 years immediately preceding his or
936 her application for conversion under this subsection.
937 (b) Upon application from the holder of a permit to conduct
938 greyhound racing which was converted from a permit to conduct
939 jai alai pursuant to former s. 550.054(14), Florida Statutes
940 2014, as created by s. 6, chapter 2009-170, Laws of Florida, the
941 department may approve the relocation of such permit to another
942 location within a 30-mile radius of the location fixed in the
943 permit if the application is received by July 31, 2018, the new
944 location is within the same county, and the new location is
945 approved under the zoning regulations of the county or
946 municipality in which the permit is located The division, upon
947 application from the holder of a jai alai permit meeting all
948 conditions of this section, shall convert the permit and shall
949 issue to the permitholder a permit to conduct greyhound racing.
950 A permitholder of a permit converted under this section shall be
951 required to apply for and conduct a full schedule of live racing
952 each fiscal year to be eligible for any tax credit provided by
953 this chapter. The holder of a permit converted pursuant to this
954 subsection or any holder of a permit to conduct greyhound racing
955 located in a county in which it is the only permit issued
956 pursuant to this section who operates at a leased facility
957 pursuant to s. 550.475 may move the location for which the
958 permit has been issued to another location within a 30-mile
959 radius of the location fixed in the permit issued in that
960 county, provided the move does not cross the county boundary and
961 such location is approved under the zoning regulations of the
962 county or municipality in which the permit is located, and upon
963 such relocation may use the permit for the conduct of pari
964 mutuel wagering and the operation of a cardroom. The provisions
965 of s. 550.6305(9)(d) and (f) shall apply to any permit converted
966 under this subsection and shall continue to apply to any permit
967 which was previously included under and subject to such
968 provisions before a conversion pursuant to this section
969 occurred.
970 Section 9. Section 550.0555, Florida Statutes, is repealed.
971 Section 10. Section 550.0745, Florida Statutes, is
972 repealed.
973 Section 11. Section 550.0951, Florida Statutes, is amended
974 to read:
975 550.0951 Payment of daily license fee and taxes;
976 penalties.—
977 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
978 business of conducting horserace meets race meetings or jai alai
979 games under this chapter, hereinafter referred to as the
980 “permitholder,” “licensee,” or “permittee,” shall pay to the
981 division, for the use of the division, a daily license fee on
982 each live or simulcast pari-mutuel event of $100 for each
983 horserace, and $80 for each greyhound race, dograce and $40 for
984 each jai alai game, any of which is conducted at a racetrack or
985 fronton licensed under this chapter. A In addition to the tax
986 exemption specified in s. 550.09514(1) of $360,000 or $500,000
987 per greyhound permitholder per state fiscal year, each greyhound
988 permitholder shall receive in the current state fiscal year a
989 tax credit equal to the number of live greyhound races conducted
990 in the previous state fiscal year times the daily license fee
991 specified for each dograce in this subsection applicable for the
992 previous state fiscal year. This tax credit and the exemption in
993 s. 550.09514(1) shall be applicable to any tax imposed by this
994 chapter or the daily license fees imposed by this chapter except
995 during any charity or scholarship performances conducted
996 pursuant to s. 550.0351. Each horserace permitholder may not be
997 required to shall pay daily license fees in excess of not to
998 exceed $500 per day on any simulcast races or games on which
999 such permitholder accepts wagers, regardless of the number of
1000 out-of-state events taken or the number of out-of-state
1001 locations from which such events are taken. This license fee
1002 shall be deposited with the Chief Financial Officer to the
1003 credit of the Pari-mutuel Wagering Trust Fund.
1004 (b) Each permitholder that cannot utilize the full amount
1005 of the exemption of $360,000 or $500,000 provided in s.
1006 550.09514(1) or the daily license fee credit provided in this
1007 section may, after notifying the division in writing, elect once
1008 per state fiscal year on a form provided by the division to
1009 transfer such exemption or credit or any portion thereof to any
1010 greyhound permitholder which acts as a host track to such
1011 permitholder for the purpose of intertrack wagering. Once an
1012 election to transfer such exemption or credit is filed with the
1013 division, it shall not be rescinded. The division shall
1014 disapprove the transfer when the amount of the exemption or
1015 credit or portion thereof is unavailable to the transferring
1016 permitholder or when the permitholder who is entitled to
1017 transfer the exemption or credit or who is entitled to receive
1018 the exemption or credit owes taxes to the state pursuant to a
1019 deficiency letter or administrative complaint issued by the
1020 division. Upon approval of the transfer by the division, the
1021 transferred tax exemption or credit shall be effective for the
1022 first performance of the next payment period as specified in
1023 subsection (5). The exemption or credit transferred to such host
1024 track may be applied by such host track against any taxes
1025 imposed by this chapter or daily license fees imposed by this
1026 chapter. The greyhound permitholder host track to which such
1027 exemption or credit is transferred shall reimburse such
1028 permitholder the exact monetary value of such transferred
1029 exemption or credit as actually applied against the taxes and
1030 daily license fees of the host track. The division shall ensure
1031 that all transfers of exemption or credit are made in accordance
1032 with this subsection and shall have the authority to adopt rules
1033 to ensure the implementation of this section.
1034 (2) ADMISSION TAX.—
1035 (a) An admission tax equal to 15 percent of the admission
1036 charge for entrance to the permitholder’s facility and
1037 grandstand area, or 10 cents, whichever is greater, is imposed
1038 on each person attending a horserace, greyhound race dograce, or
1039 jai alai game. The permitholder is shall be responsible for
1040 collecting the admission tax.
1041 (b) The No admission tax imposed under this chapter and or
1042 chapter 212 may not shall be imposed on any free passes or
1043 complimentary cards issued to persons for which there is no cost
1044 to the person for admission to pari-mutuel events.
1045 (c) A permitholder may issue tax-free passes to its
1046 officers, officials, and employees and to or other persons
1047 actually engaged in working at the racetrack, including
1048 accredited media press representatives such as reporters and
1049 editors, and may also issue tax-free passes to other
1050 permitholders for the use of their officers and officials. The
1051 permitholder shall file with the department division a list of
1052 all persons to whom tax-free passes are issued under this
1053 paragraph.
1054 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
1055 contributions to pari-mutuel pools, the aggregate of which is
1056 hereinafter referred to as “handle,” on races or games conducted
1057 by the permitholder. The tax is imposed daily and is based on
1058 the total contributions to all pari-mutuel pools conducted
1059 during the daily performance. If a permitholder conducts more
1060 than one performance daily, the tax is imposed on each
1061 performance separately.
1062 (a) The tax on handle for quarter horse racing is 1.0
1063 percent of the handle.
1064 (b)1. The tax on handle for greyhound racing dogracing is
1065 1.28 5.5 percent of the handle, except that for live charity
1066 performances held pursuant to s. 550.0351, and for intertrack
1067 wagering on such charity performances at a guest greyhound track
1068 within the market area of the host, the tax is 7.6 percent of
1069 the handle.
1070 2. The tax on handle for jai alai is 7.1 percent of the
1071 handle.
1072 (c)1. The tax on handle for intertrack wagering is:
1073 a. If the host track is a horse track, 2.0 percent of the
1074 handle.
1075 b. If the host track is a harness horse racetrack track,
1076 3.3 percent of the handle.
1077 c. If the host track is a greyhound racing harness track,
1078 1.28 5.5 percent of the handle, to be remitted by the guest
1079 track. if the host track is a dog track, and
1080 d. If the host track is a jai alai fronton, 7.1 percent of
1081 the handle if the host track is a jai alai fronton.
1082 e. The tax on handle for intertrack wagering is 0.5
1083 percent If the host track and the guest track are thoroughbred
1084 racing permitholders or if the guest track is located outside
1085 the market area of a the host track that is not a greyhound
1086 racing track and within the market area of a thoroughbred racing
1087 permitholder currently conducting a live race meet, 0.5 percent
1088 of the handle.
1089 f. The tax on handle For intertrack wagering on
1090 rebroadcasts of simulcast thoroughbred horseraces, is 2.4
1091 percent of the handle and 1.5 percent of the handle for
1092 intertrack wagering on rebroadcasts of simulcast harness
1093 horseraces, 1.5 percent of the handle.
1094 2. The tax collected under subparagraph 1. shall be
1095 deposited into the Pari-mutuel Wagering Trust Fund.
1096 3.2. The tax on handle for intertrack wagers accepted by
1097 any greyhound racing dog track located in an area of the state
1098 in which there are only three permitholders, all of which are
1099 greyhound racing permitholders, located in three contiguous
1100 counties, from any greyhound racing permitholder also located
1101 within such area or any greyhound racing dog track or jai alai
1102 fronton located as specified in s. 550.615(7) s. 550.615(6) or
1103 (9), on races or games received from any jai alai the same class
1104 of permitholder located within the same market area is 3.9
1105 percent of the handle if the host facility is a greyhound racing
1106 permitholder. and, If the host facility is a jai alai
1107 permitholder, the tax is rate shall be 6.1 percent of the handle
1108 until except that it shall be 2.3 percent on handle at such time
1109 as the total tax on intertrack handle paid to the department
1110 division by the permitholder during the current state fiscal
1111 year exceeds the total tax on intertrack handle paid to the
1112 department division by the permitholder during the 1992-1993
1113 state fiscal year, in which case the tax is 2.3 percent of the
1114 handle.
1115 (d) Notwithstanding any other provision of this chapter, in
1116 order to protect the Florida jai alai industry, effective July
1117 1, 2000, a jai alai permitholder may not be taxed on live handle
1118 at a rate higher than 2 percent.
1119 (4) BREAKS TAX.—Effective October 1, 1996, each
1120 permitholder conducting jai alai performances shall pay a tax
1121 equal to the breaks. As used in this subsection, the term
1122 “breaks” means the money that remains in each pari-mutuel pool
1123 after funds are The “breaks” represents that portion of each
1124 pari-mutuel pool which is not redistributed to the contributors
1125 and commissions are or withheld by the permitholder as
1126 commission.
1127 (5) VIDEO RACE TERMINALS; TAX AND FEE.—
1128 (a) Each permitholder under this chapter which conducts
1129 play on video race terminals pursuant to s. 551.1041 shall pay a
1130 tax equal to 2 percent of the handle from the video race
1131 terminals located at its facility.
1132 (b) Upon authorization to conduct play on video race
1133 terminals pursuant to s. 551.1041, and annually thereafter on
1134 the anniversary date of the authorization, the licensee shall
1135 pay a $50,000 fee to the department. The fee shall be deposited
1136 into the Pari-mutuel Wagering Trust Fund to be used by the
1137 Department of Gaming and the Department of Law Enforcement for
1138 regulation of video race, enforcement of video race provisions,
1139 and related investigations.
1140 (6)(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
1141 imposed by this section shall be paid to the department
1142 division. The department division shall deposit such payments
1143 these sums with the Chief Financial Officer, to the credit of
1144 the Pari-mutuel Wagering Trust Fund, hereby established. The
1145 permitholder shall remit to the department division payment for
1146 the daily license fee, the admission tax, the tax on handle, and
1147 the breaks tax. Such payments must shall be remitted by 3 p.m.
1148 on Wednesday of each week for taxes imposed and collected for
1149 the preceding week ending on Sunday. Beginning on July 1, 2012,
1150 such payments must shall be remitted by 3 p.m. on the 5th day of
1151 each calendar month for taxes imposed and collected for the
1152 preceding calendar month. If the 5th day of the calendar month
1153 falls on a weekend, payments must shall be remitted by 3 p.m.
1154 the first Monday following the weekend. Permitholders shall file
1155 a report under oath by the 5th day of each calendar month for
1156 all taxes remitted during the preceding calendar month. Such
1157 payments must shall be accompanied by a report under oath
1158 showing the total of all admissions, the pari-mutuel wagering
1159 activities for the preceding calendar month, and any such other
1160 information as may be prescribed by the department division.
1161 (7)(6) PENALTIES.—
1162 (a) The failure of any permitholder to make payments as
1163 prescribed in subsection (6) (5) is a violation of this section,
1164 and the department permitholder may be subjected by the division
1165 may impose to a civil penalty against the permitholder of up to
1166 $1,000 for each day the tax payment is not remitted. All
1167 penalties imposed and collected shall be deposited in the
1168 General Revenue Fund. If a permitholder fails to pay penalties
1169 imposed by order of the department division under this
1170 subsection, the department division may suspend or revoke the
1171 license of the permitholder, cancel the permit of the
1172 permitholder, or deny issuance of any further license or permit
1173 to the permitholder.
1174 (b) In addition to the civil penalty prescribed in
1175 paragraph (a), any willful or wanton failure by any permitholder
1176 to make payments of the daily license fee, admission tax, tax on
1177 handle, or breaks tax constitutes sufficient grounds for the
1178 department division to suspend or revoke the license of the
1179 permitholder, to cancel the permit of the permitholder, or to
1180 deny issuance of any further license or permit to the
1181 permitholder.
1182 Section 12. Subsections (2) and (3) of section 550.09511,
1183 Florida Statutes, are amended to read:
1184 550.09511 Jai alai taxes; abandoned interest in a permit
1185 for nonpayment of taxes.—
1186 (2) Notwithstanding the provisions of s. 550.0951(3)(b),
1187 wagering on live jai alai performances shall be subject to the
1188 following taxes:
1189 (a)1. The tax on handle per performance for live jai alai
1190 performances is 4.25 percent of handle per performance. However,
1191 when the live handle of a permitholder during the preceding
1192 state fiscal year was less than $15 million, the tax shall be
1193 paid on the handle in excess of $30,000 per performance per day.
1194 2. The tax rate shall be applicable only until the
1195 requirements of paragraph (b) are met.
1196 (b) At such time as the total of admissions tax, daily
1197 license fee, and tax on handle for live jai alai performances
1198 paid to the department division by a permitholder during the
1199 current state fiscal year exceeds the total state tax revenues
1200 from wagering on live jai alai performances paid or due by the
1201 permitholder in fiscal year 1991-1992, the permitholder shall
1202 pay tax on handle for live jai alai performances at a rate of
1203 2.55 percent of the handle per performance for the remainder of
1204 the current state fiscal year. For purposes of this section,
1205 total state tax revenues on live jai alai wagering in fiscal
1206 year 1991-1992 shall include any admissions tax, tax on handle,
1207 surtaxes on handle, and daily license fees.
1208 (c) If no tax on handle for live jai alai performances were
1209 paid to the department division by a jai alai permitholder
1210 during the 1991-1992 state fiscal year, then at such time as the
1211 total of admissions tax, daily license fee, and tax on handle
1212 for live jai alai performances paid to the department division
1213 by a permitholder during the current state fiscal year exceeds
1214 the total state tax revenues from wagering on live jai alai
1215 performances paid or due by the permitholder in the last state
1216 fiscal year in which the permitholder conducted a full schedule
1217 of live games, the permitholder shall pay tax on handle for live
1218 jai alai performances at a rate of 3.3 percent of the handle per
1219 performance for the remainder of the current state fiscal year.
1220 For purposes of this section, total state tax revenues on live
1221 jai alai wagering shall include any admissions tax, tax on
1222 handle, surtaxes on handle, and daily license fees. This
1223 paragraph shall take effect July 1, 1993.
1224 (d) A permitholder who obtains a new permit issued by the
1225 department division subsequent to the 1991-1992 state fiscal
1226 year and a permitholder whose permit has been converted to a jai
1227 alai permit under the provisions of this chapter, shall, at such
1228 time as the total of admissions tax, daily license fee, and tax
1229 on handle for live jai alai performances paid to the department
1230 division by the permitholder during the current state fiscal
1231 year exceeds the average total state tax revenues from wagering
1232 on live jai alai performances for the first 3 consecutive jai
1233 alai seasons paid to or due the department division by the
1234 permitholder and during which the permitholder conducted a full
1235 schedule of live games, pay tax on handle for live jai alai
1236 performances at a rate of 3.3 percent of the handle per
1237 performance for the remainder of the current state fiscal year.
1238 (e) The payment of taxes pursuant to paragraphs (b), (c),
1239 and (d) shall be calculated and commence beginning the day in
1240 which the permitholder is first entitled to the reduced rate
1241 specified in this section and the report of taxes required by s.
1242 550.0951(6) s. 550.0951(5) is submitted to the department
1243 division.
1244 (f) A jai alai permitholder paying taxes under this section
1245 shall retain the breaks and pay an amount equal to the breaks as
1246 special prize awards, which shall be in addition to the regular
1247 contracted prize money paid to jai alai players at the
1248 permitholder’s facility. Payment of the special prize money
1249 shall be made during the permitholder’s current meet.
1250 (g) For purposes of this section, “handle” has shall have
1251 the same meaning as in s. 550.0951, and does shall not include
1252 handle from intertrack wagering.
1253 (3)(a) Notwithstanding the provisions of subsection (2) and
1254 s. 550.0951(3)(c)1., any jai alai permitholder that which is
1255 restricted under Florida law from operating live performances on
1256 a year-round basis is entitled to conduct wagering on live
1257 performances at a tax rate of 3.85 percent of live handle. Such
1258 permitholder is also entitled to conduct intertrack wagering as
1259 a host permitholder on live jai alai games at its fronton at a
1260 tax rate of 3.3 percent of handle at such time as the total tax
1261 on intertrack handle paid to the department division by the
1262 permitholder during the current state fiscal year exceeds the
1263 total tax on intertrack handle paid to the department division
1264 by the permitholder during the 1992-1993 state fiscal year.
1265 (b) The payment of taxes pursuant to paragraph (a) shall be
1266 calculated and commence beginning the day in which the
1267 permitholder is first entitled to the reduced rate specified in
1268 this subsection.
1269 Section 13. Section 550.09512, Florida Statutes, is amended
1270 to read:
1271 550.09512 Harness horse racing taxes; abandoned interest in
1272 a permit for nonpayment of taxes.—
1273 (1) Pari-mutuel wagering at harness horse racetracks in
1274 this state is an important business enterprise, and taxes
1275 derived therefrom constitute a part of the tax structure which
1276 funds operation of the state. Harness horse racing permitholders
1277 should pay their fair share of these taxes to the state. This
1278 business interest should not be taxed to such an extent as to
1279 cause any racetrack that which is operated under sound business
1280 principles to be forced out of business. Due to the need to
1281 protect the public health, safety, and welfare, the gaming laws
1282 of the state provide for the harness horse racing industry to be
1283 highly regulated and taxed. The state recognizes that there
1284 exist identifiable differences between harness horse racing
1285 permitholders based upon their ability to operate under such
1286 regulation and tax system.
1287 (2)(a) The tax on handle for live harness horse racing
1288 performances is 0.5 percent of handle per performance.
1289 (b) For purposes of this section, the term “handle” has
1290 shall have the same meaning as in s. 550.0951, and does shall
1291 not include handle from intertrack wagering.
1292 (3)(a) The department shall revoke the permit of a harness
1293 horse racing permitholder that who does not pay tax on handle
1294 for live harness horse racing performances for a full schedule
1295 of live races for more than 24 consecutive months during any 2
1296 consecutive state fiscal years shall be void and shall escheat
1297 to and become the property of the state unless such failure to
1298 operate and pay tax on handle was the direct result of fire,
1299 strike, war, or other disaster or event beyond the ability of
1300 the permitholder to control. Financial hardship to the
1301 permitholder does shall not, in and of itself, constitute just
1302 cause for failure to operate and pay tax on handle. A permit
1303 revoked under this subsection is void and may not be reissued.
1304 (b) In order to maximize the tax revenues to the state, the
1305 division shall reissue an escheated harness horse permit to a
1306 qualified applicant pursuant to the provisions of this chapter
1307 as for the issuance of an initial permit. However, the
1308 provisions of this chapter relating to referendum requirements
1309 for a pari-mutuel permit shall not apply to the reissuance of an
1310 escheated harness horse permit. As specified in the application
1311 and upon approval by the division of an application for the
1312 permit, the new permitholder shall be authorized to operate a
1313 harness horse facility anywhere in the same county in which the
1314 escheated permit was authorized to be operated, notwithstanding
1315 the provisions of s. 550.054(2) relating to mileage limitations.
1316 (4) If In the event that a court of competent jurisdiction
1317 determines any of the provisions of this section to be
1318 unconstitutional, it is the intent of the Legislature that the
1319 provisions contained in this section shall be null and void and
1320 that the provisions of s. 550.0951 shall apply to all harness
1321 horse racing permitholders beginning on the date of such
1322 judicial determination. To this end, the Legislature declares
1323 that it would not have enacted any of the provisions of this
1324 section individually and, to that end, expressly finds them not
1325 to be severable.
1326 Section 14. Section 550.09514, Florida Statutes, is amended
1327 to read:
1328 550.09514 Greyhound racing dogracing taxes; purse
1329 requirements.—
1330 (1) Wagering on greyhound racing is subject to a tax on
1331 handle for live greyhound racing as specified in s. 550.0951(3).
1332 However, each permitholder shall pay no tax on handle until such
1333 time as this subsection has resulted in a tax savings per state
1334 fiscal year of $360,000. Thereafter, each permitholder shall pay
1335 the tax as specified in s. 550.0951(3) on all handle for the
1336 remainder of the permitholder’s current race meet. For the three
1337 permitholders that conducted a full schedule of live racing in
1338 1995, and are closest to another state that authorizes greyhound
1339 pari-mutuel wagering, the maximum tax savings per state fiscal
1340 year shall be $500,000. The provisions of this subsection
1341 relating to tax exemptions shall not apply to any charity or
1342 scholarship performances conducted pursuant to s. 550.0351.
1343 (1)(2)(a) The department division shall determine for each
1344 greyhound racing permitholder the annual purse percentage rate
1345 of live handle for the state fiscal year 1993-1994 by dividing
1346 total purses paid on live handle by the permitholder, exclusive
1347 of payments made from outside sources, during the 1993-1994
1348 state fiscal year by the permitholder’s live handle for the
1349 1993-1994 state fiscal year. A greyhound racing Each
1350 permitholder conducting live racing during a fiscal year shall
1351 pay as purses for such live races conducted during its current
1352 race meet a percentage of its live handle not less than the
1353 percentage determined under this paragraph, exclusive of
1354 payments made by outside sources, for its 1993-1994 state fiscal
1355 year.
1356 (b) Except as otherwise set forth herein, in addition to
1357 the minimum purse percentage required by paragraph (a), each
1358 greyhound racing permitholder conducting live racing during a
1359 fiscal year shall pay as purses an annual amount of $60 for each
1360 live race conducted equal to 75 percent of the daily license
1361 fees paid by the greyhound racing each permitholder in for the
1362 preceding 1994-1995 fiscal year. These This purse supplement
1363 shall be disbursed weekly during the permitholder’s race meet in
1364 an amount determined by dividing the annual purse supplement by
1365 the number of performances approved for the permitholder
1366 pursuant to its annual license and multiplying that amount by
1367 the number of performances conducted each week. For the
1368 greyhound permitholders in the county where there are two
1369 greyhound permitholders located as specified in s. 550.615(6),
1370 such permitholders shall pay in the aggregate an amount equal to
1371 75 percent of the daily license fees paid by such permitholders
1372 for the 1994-1995 fiscal year. These permitholders shall be
1373 jointly and severally liable for such purse payments. The
1374 additional purses provided by this paragraph must be used
1375 exclusively for purses other than stakes and must be disbursed
1376 weekly during the permitholder’s race meet. The department
1377 division shall conduct audits necessary to ensure compliance
1378 with this section.
1379 (c)1. Each greyhound racing permitholder, when conducting
1380 at least three live performances during any week, shall pay
1381 purses in that week on wagers it accepts as a guest track on
1382 intertrack and simulcast greyhound races at the same rate as it
1383 pays on live races. Each greyhound racing permitholder, when
1384 conducting at least three live performances during any week,
1385 shall pay purses in that week, at the same rate as it pays on
1386 live races, on wagers accepted on greyhound races at a guest
1387 track that which is not conducting live racing and is located
1388 within the same market area as the greyhound racing permitholder
1389 conducting at least three live performances during any week.
1390 2. Each host greyhound racing permitholder shall pay purses
1391 on its simulcast and intertrack broadcasts of greyhound races to
1392 guest facilities that are located outside its market area in an
1393 amount equal to one quarter of an amount determined by
1394 subtracting the transmission costs of sending the simulcast or
1395 intertrack broadcasts from an amount determined by adding the
1396 fees received for greyhound simulcast races plus 3 percent of
1397 the greyhound intertrack handle at guest facilities that are
1398 located outside the market area of the host and that paid
1399 contractual fees to the host for such broadcasts of greyhound
1400 races.
1401 (d) The department division shall require sufficient
1402 documentation from each greyhound racing permitholder regarding
1403 purses paid on live racing to assure that the annual purse
1404 percentage rates paid by each greyhound racing permitholder
1405 conducting on the live races are not reduced below those paid
1406 during the 1993-1994 state fiscal year. The department division
1407 shall require sufficient documentation from each greyhound
1408 racing permitholder to assure that the purses paid by each
1409 permitholder on the greyhound intertrack and simulcast
1410 broadcasts are in compliance with the requirements of paragraph
1411 (c).
1412 (e) In addition to the purse requirements of paragraphs
1413 (a)-(c), each greyhound racing permitholder conducting live
1414 races shall pay as purses an amount equal to one-third of the
1415 amount of the tax reduction on live and simulcast handle
1416 applicable to such permitholder as a result of the reductions in
1417 tax rates provided by s. 6, chapter 2000-354, Laws of Florida
1418 this act through the amendments to s. 550.0951(3). With respect
1419 to intertrack wagering when the host and guest tracks are
1420 greyhound racing permitholders not within the same market area,
1421 an amount equal to the tax reduction applicable to the guest
1422 track handle as a result of the reduction in tax rate provided
1423 by s. 6, chapter 2000-354, Laws of Florida, this act through the
1424 amendment to s. 550.0951(3) shall be distributed to the guest
1425 track, one-third of which amount shall be paid as purses at the
1426 guest track. However, if the guest track is a greyhound racing
1427 permitholder within the market area of the host or if the guest
1428 track is not a greyhound racing permitholder, an amount equal to
1429 such tax reduction applicable to the guest track handle shall be
1430 retained by the host track, one-third of which amount shall be
1431 paid as purses at the host track. These purse funds shall be
1432 disbursed in the week received if the permitholder conducts at
1433 least one live performance during that week. If the permitholder
1434 does not conduct at least one live performance during the week
1435 in which the purse funds are received, the purse funds shall be
1436 disbursed weekly during the permitholder’s next race meet in an
1437 amount determined by dividing the purse amount by the number of
1438 performances approved for the permitholder pursuant to its
1439 annual license, and multiplying that amount by the number of
1440 performances conducted each week. The department division shall
1441 conduct audits necessary to ensure compliance with this
1442 paragraph.
1443 (f) Each greyhound racing permitholder conducting live
1444 racing shall, during the permitholder’s race meet, supply kennel
1445 operators and the Department of Gaming Division of Pari-Mutuel
1446 Wagering with a weekly report showing purses paid on live
1447 greyhound races and all greyhound intertrack and simulcast
1448 broadcasts, including both as a guest and a host together with
1449 the handle or commission calculations on which such purses were
1450 paid and the transmission costs of sending the simulcast or
1451 intertrack broadcasts, so that the kennel operators may
1452 determine statutory and contractual compliance.
1453 (g) Each greyhound racing permitholder conducting live
1454 racing shall make direct payment of purses to the greyhound
1455 owners who have filed with such permitholder appropriate federal
1456 taxpayer identification information based on the percentage
1457 amount agreed upon between the kennel operator and the greyhound
1458 owner.
1459 (h) At the request of a majority of kennel operators under
1460 contract with a greyhound racing permitholder conducting live
1461 racing, the permitholder shall make deductions from purses paid
1462 to each kennel operator electing such deduction and shall make a
1463 direct payment of such deductions to the local association of
1464 greyhound kennel operators formed by a majority of kennel
1465 operators under contract with the permitholder. The amount of
1466 the deduction shall be at least 1 percent of purses, as
1467 determined by the local association of greyhound kennel
1468 operators. No Deductions may not be taken pursuant to this
1469 paragraph without a kennel operator’s specific approval before
1470 or after the effective date of this act.
1471 (2)(3) For the purpose of this section, the term “live
1472 handle” means the handle from wagers placed at the
1473 permitholder’s establishment on the live greyhound races
1474 conducted at the permitholder’s establishment.
1475 Section 15. Section 550.09515, Florida Statutes, is amended
1476 to read:
1477 550.09515 Thoroughbred racing horse taxes; abandoned
1478 interest in a permit for nonpayment of taxes.—
1479 (1) Pari-mutuel wagering at thoroughbred horse racetracks
1480 in this state is an important business enterprise, and taxes
1481 derived therefrom constitute a part of the tax structure which
1482 funds operation of the state. Thoroughbred horse permitholders
1483 should pay their fair share of these taxes to the state. This
1484 business interest should not be taxed to such an extent as to
1485 cause any racetrack which is operated under sound business
1486 principles to be forced out of business. Due to the need to
1487 protect the public health, safety, and welfare, the gaming laws
1488 of the state provide for the thoroughbred horse industry to be
1489 highly regulated and taxed. The state recognizes that there
1490 exist identifiable differences between thoroughbred horse
1491 permitholders based upon their ability to operate under such
1492 regulation and tax system and at different periods during the
1493 year.
1494 (2)(a) The tax on handle for live thoroughbred horserace
1495 performances shall be 0.5 percent.
1496 (b) For purposes of this section, the term “handle” shall
1497 have the same meaning as in s. 550.0951, and shall not include
1498 handle from intertrack wagering.
1499 (3)(a) The department shall revoke the permit of a
1500 thoroughbred racing horse permitholder that who does not pay tax
1501 on handle for live thoroughbred horse performances for a full
1502 schedule of live races for more than 24 consecutive months
1503 during any 2 consecutive state fiscal years shall be void and
1504 shall escheat to and become the property of the state unless
1505 such failure to operate and pay tax on handle was the direct
1506 result of fire, strike, war, or other disaster or event beyond
1507 the ability of the permitholder to control. Financial hardship
1508 to the permitholder does shall not, in and of itself, constitute
1509 just cause for failure to operate and pay tax on handle. A
1510 permit revoked under this subsection is void and may not be
1511 reissued.
1512 (b) In order to maximize the tax revenues to the state, the
1513 division shall reissue an escheated thoroughbred horse permit to
1514 a qualified applicant pursuant to the provisions of this chapter
1515 as for the issuance of an initial permit. However, the
1516 provisions of this chapter relating to referendum requirements
1517 for a pari-mutuel permit shall not apply to the reissuance of an
1518 escheated thoroughbred horse permit. As specified in the
1519 application and upon approval by the division of an application
1520 for the permit, the new permitholder shall be authorized to
1521 operate a thoroughbred horse facility anywhere in the same
1522 county in which the escheated permit was authorized to be
1523 operated, notwithstanding the provisions of s. 550.054(2)
1524 relating to mileage limitations.
1525 (4) In the event that a court of competent jurisdiction
1526 determines any of the provisions of this section to be
1527 unconstitutional, it is the intent of the Legislature that the
1528 provisions contained in this section shall be null and void and
1529 that the provisions of s. 550.0951 shall apply to all
1530 thoroughbred horse permitholders beginning on the date of such
1531 judicial determination. To this end, the Legislature declares
1532 that it would not have enacted any of the provisions of this
1533 section individually and, to that end, expressly finds them not
1534 to be severable.
1535 (5) Notwithstanding the provisions of s. 550.0951(3)(c),
1536 the tax on handle for intertrack wagering on rebroadcasts of
1537 simulcast horseraces is 2.4 percent of the handle; provided
1538 however, that if the guest track is a thoroughbred track located
1539 more than 35 miles from the host track, the host track shall pay
1540 a tax of .5 percent of the handle, and additionally the host
1541 track shall pay to the guest track 1.9 percent of the handle to
1542 be used by the guest track solely for purses. The tax shall be
1543 deposited into the Pari-mutuel Wagering Trust Fund.
1544 (6) A credit equal to the amount of contributions made by a
1545 thoroughbred racing permitholder during the taxable year
1546 directly to the Jockeys’ Guild or its health and welfare fund to
1547 be used to provide health and welfare benefits for active,
1548 disabled, and retired Florida jockeys and their dependents
1549 pursuant to reasonable rules of eligibility established by the
1550 Jockeys’ Guild is allowed against taxes on live handle due for a
1551 taxable year under this section. A thoroughbred racing
1552 permitholder may not receive a credit greater than an amount
1553 equal to 1 percent of its paid taxes for the previous taxable
1554 year.
1555 (7) If a thoroughbred racing permitholder fails to operate
1556 all performances on its 2001-2002 license, failure to pay tax on
1557 handle for a full schedule of live races for those performances
1558 in the 2001-2002 fiscal year does not constitute failure to pay
1559 taxes on handle for a full schedule of live races in a fiscal
1560 year for the purposes of subsection (3). This subsection may not
1561 be construed as forgiving a thoroughbred racing permitholder
1562 from paying taxes on performances conducted at its facility
1563 pursuant to its 2001-2002 license other than for failure to
1564 operate all performances on its 2001-2002 license. This
1565 subsection expires July 1, 2003.
1566 Section 16. Section 550.1625, Florida Statutes, is amended
1567 to read:
1568 550.1625 Greyhound racing dogracing; taxes.—
1569 (1) The operation of a greyhound racing dog track and
1570 legalized pari-mutuel betting at greyhound racing dog tracks in
1571 this state is a privilege and is an operation that requires
1572 strict supervision and regulation in the best interests of the
1573 state. Pari-mutuel wagering at greyhound racing dog tracks in
1574 this state is a substantial business, and taxes derived
1575 therefrom constitute part of the tax structures of the state and
1576 the counties. The operators of greyhound racing dog tracks
1577 should pay their fair share of taxes to the state; at the same
1578 time, this substantial business interest should not be taxed to
1579 such an extent as to cause a track that is operated under sound
1580 business principles to be forced out of business.
1581 (2) A permitholder that conducts a greyhound race dograce
1582 meet under this chapter must pay the daily license fee, the
1583 admission tax, the breaks tax, and the tax on pari-mutuel handle
1584 as provided in s. 550.0951 and is subject to all penalties and
1585 sanctions provided in s. 550.0951(7) s. 550.0951(6).
1586 Section 17. Section 550.1647, Florida Statutes, is
1587 repealed.
1588 Section 18. Section 550.1648, Florida Statutes, is amended
1589 to read:
1590 550.1648 Greyhound adoptions.—
1591 (1) A greyhound racing Each dogracing permitholder that
1592 conducts live racing at operating a greyhound racing dogracing
1593 facility in this state shall provide for a greyhound adoption
1594 booth to be located at the facility.
1595 (1)(a) The greyhound adoption booth must be operated on
1596 weekends by personnel or volunteers from a bona fide
1597 organization that promotes or encourages the adoption of
1598 greyhounds pursuant to s. 550.1647. Such bona fide organization,
1599 as a condition of adoption, must provide sterilization of
1600 greyhounds by a licensed veterinarian before relinquishing
1601 custody of the greyhound to the adopter. The fee for
1602 sterilization may be included in the cost of adoption. As used
1603 in this section, the term “weekend” includes the hours during
1604 which live greyhound racing is conducted on Friday, Saturday, or
1605 Sunday, and the term “bona fide organization that promotes or
1606 encourages the adoption of greyhounds” means an organization
1607 that provides evidence of compliance with chapter 496 and
1608 possesses a valid exemption from federal taxation issued by the
1609 Internal Revenue Service. Information pamphlets and application
1610 forms shall be provided to the public upon request.
1611 (b) In addition, The kennel operator or owner shall notify
1612 the permitholder that a greyhound is available for adoption and
1613 the permitholder shall provide information concerning the
1614 adoption of a greyhound in each race program and shall post
1615 adoption information at conspicuous locations throughout the
1616 greyhound racing dogracing facility. Any greyhound that is
1617 participating in a race and that will be available for future
1618 adoption must be noted in the race program. The permitholder
1619 shall allow greyhounds to be walked through the track facility
1620 to publicize the greyhound adoption program.
1621 (2) In addition to the charity days authorized under s.
1622 550.0351, a greyhound racing permitholder may fund the greyhound
1623 adoption program by holding a charity racing day designated as
1624 “Greyhound Adopt-A-Pet Day.” All profits derived from the
1625 operation of the charity day must be placed into a fund used to
1626 support activities at the racing facility which promote the
1627 adoption of greyhounds. The department division may adopt rules
1628 for administering the fund. Proceeds from the charity day
1629 authorized in this subsection may not be used as a source of
1630 funds for the purposes set forth in s. 550.1647.
1631 (3)(a) Upon a violation of this section by a permitholder
1632 or licensee, the department division may impose a penalty as
1633 provided in s. 550.0251(10) and require the permitholder to take
1634 corrective action.
1635 (b) A penalty imposed under s. 550.0251(10) does not
1636 exclude a prosecution for cruelty to animals or for any other
1637 criminal act.
1638 Section 19. Section 550.1751, Florida Statutes, is created
1639 to read:
1640 550.1751 Reduction in the number of pari-mutuel permits.—
1641 (1) As used in this section, the term:
1642 (a) “Active pari-mutuel permit” means a pari-mutuel permit
1643 that is actively used for the conduct of pari-mutuel racing or
1644 jai alai and under which the permitholder is operating all
1645 performances at the dates and times specified on its operating
1646 license.
1647 (b) “Bidder for an additional slot machine license” means a
1648 person who submits a bid or intends to submit a bid for an
1649 additional slot machine license in Miami-Dade County or Palm
1650 Beach County, as provided in s. 551.1041.
1651 (2) A pari-mutuel permitholder may enter into an agreement
1652 for the sale and transfer of an active pari-mutuel permit to a
1653 bidder for an additional slot machine license. An active pari
1654 mutuel permit sold and transferred to the highest bidder under
1655 the process in s. 551.1041 must be surrendered to the department
1656 and voided.
1657 Section 20. Section 550.1752, Florida Statutes, is created
1658 to read:
1659 550.1752 Permit reduction program.—
1660 (1) The permit reduction program is created in the
1661 Department of Gaming for the purpose of purchasing and
1662 cancelling active pari-mutuel permits. The program shall be
1663 funded from revenue share payments made by the Seminole Tribe of
1664 Florida under the compact ratified by s. 285.710(3) and received
1665 by the state after October 31, 2015. Compact payments payable
1666 for the program shall be calculated on a monthly basis until
1667 such time as the department determines that sufficient funds are
1668 available to fund the program. The total funding allocated to
1669 the program may not exceed $20 million.
1670 (2) The department shall purchase pari-mutuel permits from
1671 pari-mutuel permitholders when sufficient moneys are available
1672 for such purchases. A pari-mutuel permitholder may not submit an
1673 offer to sell a permit unless it is actively conducting pari
1674 mutuel racing or jai alai as required by law and satisfies all
1675 applicable requirements for the permit. The department shall
1676 adopt by rule the form to be used by a pari-mutuel permitholder
1677 for an offer to sell a permit and shall establish a schedule for
1678 the consideration of offers.
1679 (3) The department shall establish the value of a pari
1680 mutuel permit based upon the valuation of one or more
1681 independent appraisers selected by the department. The valuation
1682 of a permit must be based on the permit’s fair market value and
1683 may not include the value of the real estate or personal
1684 property. The department may establish a value for the permit
1685 that is lower than the amount determined by an independent
1686 appraiser but may not establish a higher value.
1687 (4) The department must accept the offer or offers that
1688 best utilize available funding; however, the department may also
1689 accept the offers that it determines are most likely to reduce
1690 the incidence of gaming in this state.
1691 (5) The department shall cancel any permit purchased under
1692 this section.
1693 (6) This section shall expire on July 1, 2018, unless
1694 reenacted by the Legislature.
1695 Section 21. Section 550.2416, Florida Statutes, is created
1696 to read:
1697 550.2416 Reporting of racing greyhound injuries.—
1698 (1) An injury to a racing greyhound which occurs while the
1699 greyhound is located in this state must be reported on a form
1700 adopted by the department within 7 days after the date on which
1701 the injury occurred or is believed to have occurred. The
1702 department may adopt rules defining the term “injury.”
1703 (2) The form shall be completed and signed under oath or
1704 affirmation by the:
1705 (a) Racetrack veterinarian or director of racing, if the
1706 injury occurred at the racetrack facility; or
1707 (b) Owner, trainer, or kennel operator who had knowledge of
1708 the injury, if the injury occurred at a location other than the
1709 racetrack facility, including during transportation.
1710 (3) The department may fine, suspend, or revoke the license
1711 of any individual who knowingly violates this section.
1712 (4) The form must include the following:
1713 (a) The greyhound’s registered name, right-ear and left-ear
1714 tattoo numbers, and, if any, the microchip manufacturer and
1715 number.
1716 (b) The name, business address, and telephone number of the
1717 greyhound owner, the trainer, and the kennel operator.
1718 (c) The color, weight, and sex of the greyhound.
1719 (d) The specific type and bodily location of the injury,
1720 the cause of the injury, and the estimated recovery time from
1721 the injury.
1722 (e) If the injury occurred when the greyhound was racing:
1723 1. The racetrack where the injury occurred;
1724 2. The distance, grade, race, and post position of the
1725 greyhound when the injury occurred; and
1726 3. The weather conditions, time, and track conditions when
1727 the injury occurred.
1728 (f) If the injury occurred when the greyhound was not
1729 racing:
1730 1. The location where the injury occurred, including, but
1731 not limited to, a kennel, a training facility, or a
1732 transportation vehicle; and
1733 2. The circumstances surrounding the injury.
1734 (g) Other information that the department determines is
1735 necessary to identify injuries to racing greyhounds in this
1736 state.
1737 (5) An injury form created pursuant to this section must be
1738 maintained as a public record by the department for at least 7
1739 years after the date it was received.
1740 (6) A licensee of the department who knowingly makes a
1741 false statement concerning an injury or fails to report an
1742 injury is subject to disciplinary action under this chapter or
1743 chapters 455 and 474.
1744 (7) This section does not apply to injuries to a service
1745 animal, personal pet, or greyhound that has been adopted as a
1746 pet.
1747 (8) The department shall adopt rules to implement this
1748 section.
1749 Section 22. Subsections (1) and (3) of section 550.26165,
1750 Florida Statutes, are amended to read:
1751 550.26165 Breeders’ awards.—
1752 (1) The purpose of this section is to encourage the
1753 agricultural activity of breeding and training racehorses in
1754 this state. Moneys dedicated in this chapter for use as
1755 breeders’ awards and stallion awards are to be used for awards
1756 to breeders of registered Florida-bred horses winning horseraces
1757 and for similar awards to the owners of stallions who sired
1758 Florida-bred horses winning stakes races, if the stallions are
1759 registered as Florida stallions standing in this state. Such
1760 awards shall be given at a uniform rate to all winners of the
1761 awards, may shall not be greater than 20 percent of the
1762 announced gross purse, and may shall not be less than 15 percent
1763 of the announced gross purse if funds are available. In
1764 addition, at least no less than 17 percent, but not nor more
1765 than 40 percent, as determined by the Florida Thoroughbred
1766 Breeders’ Association, of the moneys dedicated in this chapter
1767 for use as breeders’ awards and stallion awards for
1768 thoroughbreds shall be returned pro rata to the permitholders
1769 that generated the moneys for special racing awards to be
1770 distributed by the permitholders to owners of thoroughbred
1771 horses participating in prescribed thoroughbred stakes races,
1772 nonstakes races, or both, all in accordance with a written
1773 agreement establishing the rate, procedure, and eligibility
1774 requirements for such awards entered into by the permitholder,
1775 the Florida Thoroughbred Breeders’ Association, and the Florida
1776 Horsemen’s Benevolent and Protective Association, Inc., except
1777 that the plan for the distribution by any permitholder located
1778 in the area described in s. 550.615(7) s. 550.615(9) shall be
1779 agreed upon by that permitholder, the Florida Thoroughbred
1780 Breeders’ Association, and the association representing a
1781 majority of the thoroughbred racehorse owners and trainers at
1782 that location. Awards for thoroughbred races are to be paid
1783 through the Florida Thoroughbred Breeders’ Association, and
1784 awards for standardbred races are to be paid through the Florida
1785 Standardbred Breeders and Owners Association. Among other
1786 sources specified in this chapter, moneys for thoroughbred
1787 breeders’ awards will come from the 0.955 percent of handle for
1788 thoroughbred races conducted, received, broadcast, or simulcast
1789 under this chapter as provided in s. 550.2625(3). The moneys for
1790 quarter horse and harness breeders’ awards will come from the
1791 breaks and uncashed tickets on live quarter horse and harness
1792 horse racing performances and 1 percent of handle on intertrack
1793 wagering. The funds for these breeders’ awards shall be paid to
1794 the respective breeders’ associations by the permitholders
1795 conducting the races.
1796 (3) Breeders’ associations shall submit their plans to the
1797 department division at least 60 days before the beginning of the
1798 payment year. The payment year may be a calendar year or any 12
1799 month period, but once established, the yearly base may not be
1800 changed except for compelling reasons. Once a plan is approved,
1801 the department division may not allow the plan to be amended
1802 during the year, except for the most compelling reasons.
1803 Section 23. Section 550.3345, Florida Statutes, is amended
1804 to read:
1805 550.3345 Conversion of quarter horse permit to a Limited
1806 thoroughbred racing permit.—
1807 (1) In recognition of the important and long-standing
1808 economic contribution of the thoroughbred horse breeding
1809 industry to this state and the state’s vested interest in
1810 promoting the continued viability of this agricultural activity,
1811 the state intends to provide a limited opportunity for the
1812 conduct of live thoroughbred horse racing with the net revenues
1813 from such racing dedicated to the enhancement of thoroughbred
1814 purses and breeders’, stallion, and special racing awards under
1815 this chapter; the general promotion of the thoroughbred horse
1816 breeding industry; and the care in this state of thoroughbred
1817 horses retired from racing.
1818 (2) A limited thoroughbred racing permit previously
1819 converted from Notwithstanding any other provision of law, the
1820 holder of a quarter horse racing permit pursuant to chapter
1821 2010-29, Laws of Florida, issued under s. 550.334 may only be
1822 held by, within 1 year after the effective date of this section,
1823 apply to the division for a transfer of the quarter horse racing
1824 permit to a not-for-profit corporation formed under state law to
1825 serve the purposes of the state as provided in subsection (1).
1826 The board of directors of the not-for-profit corporation must be
1827 composed comprised of 11 members, 4 of whom shall be designated
1828 by the applicant, 4 of whom shall be designated by the Florida
1829 Thoroughbred Breeders’ Association, and 3 of whom shall be
1830 designated by the other 8 directors, with at least 1 of these 3
1831 members being an authorized representative of another
1832 thoroughbred racing permitholder in this state. A limited
1833 thoroughbred racing The not-for-profit corporation shall submit
1834 an application to the division for review and approval of the
1835 transfer in accordance with s. 550.054. Upon approval of the
1836 transfer by the division, and notwithstanding any other
1837 provision of law to the contrary, the not-for-profit corporation
1838 may, within 1 year after its receipt of the permit, request that
1839 the division convert the quarter horse racing permit to a permit
1840 authorizing the holder to conduct pari-mutuel wagering meets of
1841 thoroughbred racing. Neither the transfer of the quarter horse
1842 racing permit nor its conversion to a limited thoroughbred
1843 permit shall be subject to the mileage limitation or the
1844 ratification election as set forth under s. 550.054(2) or s.
1845 550.0651. Upon receipt of the request for such conversion, the
1846 division shall timely issue a converted permit. The converted
1847 permit and the not-for-profit corporation are shall be subject
1848 to the following requirements:
1849 (a) All net revenues derived by the not-for-profit
1850 corporation under the thoroughbred horse racing permit, after
1851 the funding of operating expenses and capital improvements,
1852 shall be dedicated to the enhancement of thoroughbred purses and
1853 breeders’, stallion, and special racing awards under this
1854 chapter; the general promotion of the thoroughbred horse
1855 breeding industry; and the care in this state of thoroughbred
1856 horses retired from racing.
1857 (b) From December 1 through April 30, no live thoroughbred
1858 racing may not be conducted under the permit on any day during
1859 which another thoroughbred racing permitholder is conducting
1860 live thoroughbred racing within 125 air miles of the not-for
1861 profit corporation’s pari-mutuel facility unless the other
1862 thoroughbred racing permitholder gives its written consent.
1863 (c) After the conversion of the quarter horse racing permit
1864 and the issuance of its initial license to conduct pari-mutuel
1865 wagering meets of thoroughbred racing, the not-for-profit
1866 corporation shall annually apply to the department division for
1867 a license pursuant to s. 550.5251.
1868 (d) Racing under the permit may take place only at the
1869 location for which the original quarter horse racing permit was
1870 issued, which may be leased by the not-for-profit corporation
1871 for that purpose; however, the not-for-profit corporation may,
1872 without the conduct of any ratification election pursuant to s.
1873 550.054(13) or s. 550.0651, move the location of the permit to
1874 another location in the same county provided that such
1875 relocation is approved under the zoning and land use regulations
1876 of the applicable county or municipality.
1877 (e) A limited thoroughbred racing No permit may not be
1878 transferred converted under this section is eligible for
1879 transfer to another person or entity.
1880 (3) Unless otherwise provided in this section, after
1881 conversion, the permit and the not-for-profit corporation shall
1882 be treated under the laws of this state as a thoroughbred racing
1883 permit and as a thoroughbred racing permitholder, respectively,
1884 with the exception of ss. 550.054(9)(c) and (d) and s.
1885 550.09515(3).
1886 Section 24. Subsections (6), (10), and (13) of section
1887 550.3551, Florida Statutes, are amended to read:
1888 550.3551 Transmission of racing and jai alai information;
1889 commingling of pari-mutuel pools.—
1890 (6)(a) A maximum of 20 percent of the total number of races
1891 on which wagers are accepted by a greyhound permitholder not
1892 located as specified in s. 550.615(6) may be received from
1893 locations outside this state. A permitholder may not conduct
1894 fewer than eight live races or games on any authorized race day
1895 except as provided in this subsection. A thoroughbred racing
1896 permitholder may not conduct fewer than eight live races on any
1897 race day without the written approval of the Florida
1898 Thoroughbred Breeders’ Association and the Florida Horsemen’s
1899 Benevolent and Protective Association, Inc., unless it is
1900 determined by the department that another entity represents a
1901 majority of the thoroughbred racehorse owners and trainers in
1902 the state. A harness horse racing permitholder may conduct fewer
1903 than eight live races on any authorized race day, except that
1904 such permitholder must conduct a full schedule of live racing
1905 during its race meet consisting of at least eight live races per
1906 authorized race day for at least 100 days. Any harness horse
1907 permitholder that during the preceding racing season conducted a
1908 full schedule of live racing may, at any time during its current
1909 race meet, receive full-card broadcasts of harness horse races
1910 conducted at harness racetracks outside this state at the
1911 harness track of the permitholder and accept wagers on such
1912 harness races. With specific authorization from the department
1913 division for special racing events, a permitholder may conduct
1914 fewer than eight live races or games when the permitholder also
1915 broadcasts out-of-state races or games. The department division
1916 may not grant more than two such exceptions a year for a
1917 permitholder in any 12-month period, and those two exceptions
1918 may not be consecutive.
1919 (b) Notwithstanding any other provision of this chapter,
1920 any harness horse racing permitholder accepting broadcasts of
1921 out-of-state harness horse races when such permitholder is not
1922 conducting live races must make the out-of-state signal
1923 available to all permitholders eligible to conduct intertrack
1924 wagering and shall pay to guest tracks located as specified in
1925 s. ss. 550.615(6) and 550.6305(9)(d) 50 percent of the net
1926 proceeds after taxes and fees to the out-of-state host track on
1927 harness horse race wagers which they accept. A harness horse
1928 racing permitholder shall be required to pay into its purse
1929 account 50 percent of the net income retained by the
1930 permitholder on account of wagering on the out-of-state
1931 broadcasts received pursuant to this subsection. Nine-tenths of
1932 a percent of all harness horse race wagering proceeds on the
1933 broadcasts received pursuant to this subsection shall be paid to
1934 the Florida Standardbred Breeders and Owners Association under
1935 the provisions of s. 550.2625(4) for the purposes provided
1936 therein.
1937 (10) The department division may adopt rules necessary to
1938 facilitate commingling of pari-mutuel pools, to ensure the
1939 proper calculation of payoffs in circumstances in which
1940 different commission percentages are applicable and to regulate
1941 the distribution of net proceeds between the horse track and, in
1942 this state, the horsemen’s associations.
1943 (13) This section does not prohibit the commingling of
1944 national pari-mutuel pools by a totalisator company that is
1945 licensed under this chapter. Such commingling of national pools
1946 is subject to department division review and approval and must
1947 be performed pursuant to in accordance with rules adopted by the
1948 department division to ensure accurate calculation and
1949 distribution of the pools.
1950 Section 25. Subsections (2), (3), and (4) of section
1951 550.375, Florida Statutes, are amended to read:
1952 550.375 Operation of certain harness tracks.—
1953 (2) Any permittee or licensee authorized under this section
1954 to transfer the location of its permit may conduct harness
1955 racing only between the hours of 7 p.m. and 2 a.m. A permit so
1956 transferred applies only to the locations provided in this
1957 section. The provisions of this chapter which prohibit the
1958 location and operation of a licensed harness track permittee and
1959 licensee within 100 air miles of the location of a racetrack
1960 authorized to conduct racing under this chapter and which
1961 prohibit the department division from granting any permit to a
1962 harness track at a location in the area in which there are three
1963 horse tracks located within 100 air miles thereof do not apply
1964 to a licensed harness track that is required by the terms of
1965 this section to race between the hours of 7 p.m. and 2 a.m.
1966 (3) A permit may not be issued by the department division
1967 for the operation of a harness track within 75 air miles of a
1968 location of a harness track licensed and operating under this
1969 chapter.
1970 (4) The permitholder conducting a harness horse race meet
1971 must pay the daily license fee, the admission tax, the tax on
1972 breaks, and the tax on pari-mutuel handle provided in s.
1973 550.0951 and is subject to all penalties and sanctions provided
1974 in s. 550.0951(7) s. 550.0951(6).
1975 Section 26. Subsections (2), (4), (6), and (7) of section
1976 550.615, Florida Statutes, are amended, present subsections (8),
1977 (9), and (10) of that section are redesignated as subsections
1978 (6), (7), and (8), respectively, and amended, and a new
1979 subsection (9) is added to that section, to read:
1980 550.615 Intertrack wagering.—
1981 (2) A Any track or fronton licensed under this chapter
1982 which conducted a full schedule of live racing or games in the
1983 preceding year and any greyhound racing permitholder that
1984 conducted a full schedule of live racing for a period of at
1985 least 10 consecutive state fiscal years after the 1996-1997
1986 state fiscal year or that converted its permit to a permit to
1987 conduct greyhound racing after that fiscal year is qualified to,
1988 at any time, receive broadcasts of any class of pari-mutuel race
1989 or game and accept wagers on such races or games conducted by
1990 any class of permitholders licensed under this chapter.
1991 (4) An In no event shall any intertrack wager may not be
1992 accepted on the same class of live races or games of any
1993 permitholder without the written consent of such operating
1994 permitholders conducting the same class of live races or games
1995 if the guest track is within the market area of such operating
1996 permitholder. A greyhound racing permitholder licensed under
1997 this chapter which accepts intertrack wagers on live greyhound
1998 signals is not required to obtain the written consent required
1999 by this subsection from any operating greyhound racing
2000 permitholder within its market area.
2001 (6) Notwithstanding the provisions of subsection (3), in
2002 any area of the state where there are three or more horserace
2003 permitholders within 25 miles of each other, intertrack wagering
2004 between permitholders in said area of the state shall only be
2005 authorized under the following conditions: Any permitholder,
2006 other than a thoroughbred permitholder, may accept intertrack
2007 wagers on races or games conducted live by a permitholder of the
2008 same class or any harness permitholder located within such area
2009 and any harness permitholder may accept wagers on games
2010 conducted live by any jai alai permitholder located within its
2011 market area and from a jai alai permitholder located within the
2012 area specified in this subsection when no jai alai permitholder
2013 located within its market area is conducting live jai alai
2014 performances; any greyhound or jai alai permitholder may receive
2015 broadcasts of and accept wagers on any permitholder of the other
2016 class provided that a permitholder, other than the host track,
2017 of such other class is not operating a contemporaneous live
2018 performance within the market area.
2019 (7) In any county of the state where there are only two
2020 permits, one for dogracing and one for jai alai, no intertrack
2021 wager may be taken during the period of time when a permitholder
2022 is not licensed to conduct live races or games without the
2023 written consent of the other permitholder that is conducting
2024 live races or games. However, if neither permitholder is
2025 conducting live races or games, either permitholder may accept
2026 intertrack wagers on horseraces or on the same class of races or
2027 games, or on both horseraces and the same class of races or
2028 games as is authorized by its permit.
2029 (6)(8) In any three contiguous counties of the state where
2030 there are only three permitholders, all of which are greyhound
2031 racing permitholders, if a greyhound racing any permitholder
2032 leases the facility of another greyhound racing permitholder for
2033 the purpose of conducting all or any portion of the conduct of
2034 its live race meet pursuant to s. 550.475, such lessee may
2035 conduct intertrack wagering at its pre-lease permitted facility
2036 throughout the entire year, including while its live race meet
2037 is being conducted at the leased facility, if such permitholder
2038 has conducted a full schedule of live racing during the
2039 preceding fiscal year at its pre-lease permitted facility or at
2040 a leased facility, or combination thereof.
2041 (7)(9) In any two contiguous counties of the state in which
2042 there are located only four active permits, one for thoroughbred
2043 horse racing, two for greyhound racing dogracing, and one for
2044 jai alai games, an no intertrack wager may not be accepted on
2045 the same class of live races or games of any permitholder
2046 without the written consent of such operating permitholders
2047 conducting the same class of live races or games if the guest
2048 track is within the market area of such operating permitholder.
2049 (8)(10) All costs of receiving the transmission of the
2050 broadcasts shall be borne by the guest track; and all costs of
2051 sending the broadcasts shall be borne by the host track.
2052 (9) A greyhound racing permitholder, as provided in
2053 subsection (2), operating pursuant to a current year’s operating
2054 license that specifies no live performances or less than a full
2055 schedule of live performances is qualified to:
2056 (a) Receive broadcasts at any time of any class of pari
2057 mutuel race or game and accept wagers on such races or games
2058 conducted by any class of permitholder licensed under this
2059 chapter; and
2060 (b) Accept wagers on live races conducted at out-of-state
2061 greyhound tracks only on the days when such permitholder
2062 receives all live races that any greyhound host track in this
2063 state makes available.
2064 Section 27. Subsection (5) and paragraphs (d), (f), and (g)
2065 of subsection (9) of section 550.6305, Florida Statutes, are
2066 amended to read:
2067 550.6305 Intertrack wagering; guest track payments;
2068 accounting rules.—
2069 (5) The department division shall adopt rules providing an
2070 expedient accounting procedure for the transfer of the pari
2071 mutuel pool in order to properly account for payment of state
2072 taxes, payment to the guest track, payment to the host track,
2073 payment of purses, payment to breeders’ associations, payment to
2074 horsemen’s associations, and payment to the public.
2075 (9) A host track that has contracted with an out-of-state
2076 horse track to broadcast live races conducted at such out-of
2077 state horse track pursuant to s. 550.3551(5) may broadcast such
2078 out-of-state races to any guest track and accept wagers thereon
2079 in the same manner as is provided in s. 550.3551.
2080 (d) Any permitholder located in any area of the state where
2081 there are only two permits, one for greyhound racing dogracing
2082 and one for jai alai, and any permitholder that converted its
2083 permit to conduct jai alai to a permit to conduct greyhound
2084 racing in lieu of jai alai under s. 550.054(14), Florida
2085 Statutes 2014, as created by s. 6, chapter 2009-170, Laws of
2086 Florida, may accept wagers on rebroadcasts of out-of-state
2087 thoroughbred horse races from an in-state thoroughbred horse
2088 racing permitholder and is shall not be subject to the
2089 provisions of paragraph (b) if such thoroughbred horse racing
2090 permitholder located within the area specified in this paragraph
2091 is both conducting live races and accepting wagers on out-of
2092 state horseraces. In such case, the guest permitholder is shall
2093 be entitled to 45 percent of the net proceeds on wagers accepted
2094 at the guest facility. The remaining proceeds shall be
2095 distributed as follows: one-half shall be retained by the host
2096 facility and one-half shall be paid by the host facility as
2097 purses at the host facility.
2098 (f) Any permitholder located in any area of the state where
2099 there are only two permits, one for greyhound racing dogracing
2100 and one for jai alai, and any permitholder that converted its
2101 permit to conduct jai alai to a permit to conduct greyhound
2102 racing in lieu of jai alai under s. 550.054(14), Florida
2103 Statutes 2014, as created by s. 6, chapter 2009-170, Laws of
2104 Florida, may accept wagers on rebroadcasts of out-of-state
2105 harness horse races from an in-state harness horse racing
2106 permitholder and may shall not be subject to the provisions of
2107 paragraph (b) if such harness horse racing permitholder located
2108 within the area specified in this paragraph is conducting live
2109 races. In such case, the guest permitholder is shall be entitled
2110 to 45 percent of the net proceeds on wagers accepted at the
2111 guest facility. The remaining proceeds shall be distributed as
2112 follows: one-half shall be retained by the host facility and
2113 one-half shall be paid by the host facility as purses at the
2114 host facility.
2115 (g)1.a. Any thoroughbred racing permitholder that which
2116 accepts wagers on a simulcast signal must make the signal
2117 available to any permitholder that is eligible to conduct
2118 intertrack wagering under the provisions of ss. 550.615
2119 550.6345.
2120 b.2. Any thoroughbred racing permitholder that which
2121 accepts wagers on a simulcast signal received after 6 p.m. must
2122 make such signal available to any permitholder that is eligible
2123 to conduct intertrack wagering under the provisions of ss.
2124 550.615-550.6345, including any permitholder located as
2125 specified in s. 550.615(6). Such guest permitholders are
2126 authorized to accept wagers on such simulcast signal,
2127 notwithstanding any other provision of this chapter to the
2128 contrary.
2129 c.3. Any thoroughbred racing permitholder that which
2130 accepts wagers on a simulcast signal received after 6 p.m. must
2131 make such signal available to any permitholder that is eligible
2132 to conduct intertrack wagering under the provisions of ss.
2133 550.615-550.6345, including any permitholder located as
2134 specified in s. 550.615(9). Such guest permitholders are
2135 authorized to accept wagers on such simulcast signals for a
2136 number of performances not to exceed that which constitutes a
2137 full schedule of live races for a quarter horse racing
2138 permitholder pursuant to s. 550.002(10) s. 550.002(11),
2139 notwithstanding any other provision of this chapter to the
2140 contrary, except that the restrictions provided in s.
2141 550.615(9)(a) apply to wagers on such simulcast signals.
2142 2. A No thoroughbred racing permitholder is not shall be
2143 required to continue to rebroadcast a simulcast signal to any
2144 in-state permitholder if the average per performance gross
2145 receipts returned to the host permitholder over the preceding
2146 30-day period were less than $100. Subject to the provisions of
2147 s. 550.615(4), as a condition of receiving rebroadcasts of
2148 thoroughbred simulcast signals under this paragraph, a guest
2149 permitholder must accept intertrack wagers on all live races
2150 conducted by all then-operating thoroughbred racing
2151 permitholders.
2152 Section 28. Section 550.6308, Florida Statutes, is amended
2153 to read:
2154 550.6308 Limited intertrack wagering license.—In
2155 recognition of the economic importance of the thoroughbred
2156 breeding industry to this state, its positive impact on tourism,
2157 and of the importance of a permanent thoroughbred sales facility
2158 as a key focal point for the activities of the industry, a
2159 limited license to conduct intertrack wagering is established to
2160 ensure the continued viability and public interest in
2161 thoroughbred breeding in Florida.
2162 (1)(a) Upon application to the department division on or
2163 before January 31 of each year, any person that is licensed to
2164 conduct public sales of thoroughbred horses pursuant to s.
2165 535.01 and, that has conducted at least 8 15 days of
2166 thoroughbred horse sales at a permanent sales facility in this
2167 state for at least 3 consecutive years, and that has conducted
2168 at least 1 day of nonwagering thoroughbred racing in this state,
2169 with a purse structure of at least $250,000 per year for 2
2170 consecutive years before such application, shall be issued a
2171 license, subject to the conditions set forth in this section, to
2172 conduct intertrack wagering at such a permanent sales facility
2173 during the following periods:
2174 1.(a) Up to 21 days in connection with thoroughbred sales;
2175 2.(b) Between November 1 and May 8;
2176 3.(c) Between May 9 and October 31 at such times and on
2177 such days as any thoroughbred racing, jai alai, or a greyhound
2178 racing permitholder in the same county is not conducting live
2179 performances; provided that any such permitholder may waive this
2180 requirement, in whole or in part, and allow the licensee under
2181 this section to conduct intertrack wagering during one or more
2182 of the permitholder’s live performances; and
2183 4.(d) During the weekend of the Kentucky Derby, the
2184 Preakness, the Belmont, and a Breeders’ Cup Meet that is
2185 conducted before November 1 and after May 8.
2186 (b) Only No more than one such license may be issued, and
2187 the no such license may not be issued for a facility located
2188 within 50 miles of any for-profit thoroughbred racing
2189 permitholder’s licensed track.
2190 (2) If more than one application is submitted for such
2191 license, the department division shall determine which applicant
2192 shall be granted the license. In making its determination, the
2193 department division shall grant the license to the applicant
2194 demonstrating superior capabilities, as measured by the length
2195 of time the applicant has been conducting thoroughbred sales
2196 within this state or elsewhere, the applicant’s total volume of
2197 thoroughbred horse sales, within this state or elsewhere, the
2198 length of time the applicant has maintained a permanent
2199 thoroughbred sales facility in this state, and the quality of
2200 the facility.
2201 (3) The applicant must comply with the provisions of ss.
2202 550.125 and 550.1815.
2203 (4) Intertrack wagering under this section may be conducted
2204 only on thoroughbred horse racing, except that intertrack
2205 wagering may be conducted on any class of pari-mutuel race or
2206 game conducted by any class of permitholders licensed under this
2207 chapter if all thoroughbred, jai alai, and greyhound
2208 permitholders in the same county as the licensee under this
2209 section give their consent.
2210 (4)(5) The licensee shall be considered a guest track under
2211 this chapter. The licensee shall pay 2.5 percent of the total
2212 contributions to the daily pari-mutuel pool on wagers accepted
2213 at the licensee’s facility on greyhound races or jai alai games
2214 to the thoroughbred racing permitholder that is conducting live
2215 races for purses to be paid during its current racing meet. If
2216 more than one thoroughbred racing permitholder is conducting
2217 live races on a day during which the licensee is conducting
2218 intertrack wagering on greyhound races or jai alai games, the
2219 licensee shall allocate these funds between the operating
2220 thoroughbred racing permitholders on a pro rata basis based on
2221 the total live handle at the operating permitholders’
2222 facilities.
2223 Section 29. Section 551.101, Florida Statutes, is amended
2224 to read:
2225 551.101 Slot machine gaming authorized.—Possession of slot
2226 machines and conduct of slot machine gaming is authorized only
2227 at licensed facilities eligible pursuant to this chapter Any
2228 licensed pari-mutuel facility located in Miami-Dade County or
2229 Broward County existing at the time of adoption of s. 23, Art. X
2230 of the State Constitution that has conducted live racing or
2231 games during calendar years 2002 and 2003 may possess slot
2232 machines and conduct slot machine gaming at the location where
2233 the pari-mutuel permitholder is authorized to conduct pari
2234 mutuel wagering activities pursuant to such permitholder’s valid
2235 pari-mutuel permit provided that a majority of voters in a
2236 countywide referendum have approved slot machines at such
2237 facility in the respective county. Notwithstanding any other
2238 provision of law, it is not a crime for a person to participate
2239 in slot machine gaming at a pari-mutuel facility licensed to
2240 possess slot machines and conduct slot machine gaming or to
2241 participate in slot machine gaming described in this chapter.
2242 Section 30. Present subsection (1) of section 551.102,
2243 Florida Statutes, is redesignated as subsection (3), a new
2244 subsection (1) is added to that section, and present subsection
2245 (3) and subsections (4), (10), and (11) of that section are
2246 amended, to read:
2247 551.102 Definitions.—As used in this chapter, the term:
2248 (1) “Department” means the Department of Gaming.
2249 (3) “Division” means the Division of Pari-mutuel Wagering
2250 of the Department of Business and Professional Regulation.
2251 (4) “Eligible facility” means a any licensed pari-mutuel
2252 facility that meets the requirements of ss. 551.104 and 551.1041
2253 located in Miami-Dade County or Broward County existing at the
2254 time of adoption of s. 23, Art. X of the State Constitution that
2255 has conducted live racing or games during calendar years 2002
2256 and 2003 and has been approved by a majority of voters in a
2257 countywide referendum to have slot machines at such facility in
2258 the respective county; any licensed pari-mutuel facility located
2259 within a county as defined in s. 125.011, provided such facility
2260 has conducted live racing for 2 consecutive calendar years
2261 immediately preceding its application for a slot machine
2262 license, pays the required license fee, and meets the other
2263 requirements of this chapter; or any licensed pari-mutuel
2264 facility in any other county in which a majority of voters have
2265 approved slot machines at such facilities in a countywide
2266 referendum held pursuant to a statutory or constitutional
2267 authorization after the effective date of this section in the
2268 respective county, provided such facility has conducted a full
2269 schedule of live racing for 2 consecutive calendar years
2270 immediately preceding its application for a slot machine
2271 license, pays the required license licensed fee, and meets the
2272 other requirements of this chapter.
2273 (10) “Slot machine license” means a license issued by the
2274 department division authorizing a pari-mutuel permitholder to
2275 place and operate slot machines as provided by s. 23, Art. X of
2276 the State Constitution, the provisions of this chapter, and
2277 department division rules.
2278 (11) “Slot machine licensee” means a pari-mutuel
2279 permitholder that who holds a license issued by the department
2280 division pursuant to this chapter which that authorizes the
2281 licensee such person to possess a slot machine within facilities
2282 as provided in this chapter specified in s. 23, Art. X of the
2283 State Constitution and allows slot machine gaming.
2284 Section 31. Section 551.104, Florida Statutes, is amended
2285 to read:
2286 551.104 License to conduct slot machine gaming.—
2287 (1) Upon application and a finding by the department
2288 division after investigation that the application is complete
2289 and the applicant is qualified and payment of the initial
2290 license fee, the department division may issue a license to
2291 conduct slot machine gaming in the designated slot machine
2292 gaming area of the eligible facility. Once licensed, slot
2293 machine gaming may be conducted subject to the requirements of
2294 this chapter and rules adopted pursuant thereto.
2295 (2) If it is determined that the application would not
2296 trigger a reduction in revenue-sharing payments under the Gaming
2297 Compact between the Seminole Tribe of Florida and the State of
2298 Florida, an application may be approved by the department, but
2299 division only for:
2300 (a) A licensed pari-mutuel facility where live racing or
2301 games were conducted during calendar years 2002 and 2003 which
2302 is located in Miami-Dade County or Broward County and is
2303 authorized for slot machine licensure pursuant to s. 23, Art. X
2304 of the State Constitution.
2305 (b) A licensed pari-mutuel facility where a full schedule
2306 of live horseracing has been conducted for 2 consecutive
2307 calendar years immediately preceding its application for a slot
2308 machine license and which is located within a county as defined
2309 in s. 125.011.
2310 (c) A licensed pari-mutuel facility authorized under s.
2311 551.1041 after the voters of the county where the applicant’s
2312 facility is located have authorized by referendum slot machines
2313 within pari-mutuel facilities in that county as specified in s.
2314 23, Art. X of the State Constitution.
2315 (3) A slot machine license may be issued only to a licensed
2316 pari-mutuel permitholder, and slot machine gaming may be
2317 conducted only at the eligible facility at which the
2318 permitholder is authorized under its valid pari-mutuel wagering
2319 permit to conduct pari-mutuel wagering activities.
2320 (4) As a condition of licensure and to maintain continued
2321 authority for the conduct of slot machine gaming, the slot
2322 machine licensee shall:
2323 (a) Continue to be in compliance with this chapter.
2324 (b) Continue to be in compliance with chapter 550, where
2325 applicable, and maintain the pari-mutuel permit and license in
2326 good standing pursuant to the provisions of chapter 550.
2327 Notwithstanding any contrary provision of law and in order to
2328 expedite the operation of slot machines at eligible facilities,
2329 any eligible facility shall be entitled within 60 days after the
2330 effective date of this act to amend its 2006-2007 pari-mutuel
2331 wagering operating license issued by the division under ss.
2332 550.0115 and 550.01215. The division shall issue a new license
2333 to the eligible facility to effectuate any approved change.
2334 (c) Conduct no fewer than a full schedule of live racing or
2335 games as defined in s. 550.002(11), excluding any. A
2336 permitholder’s responsibility to conduct such number of live
2337 races or games shall be reduced by the number of races or games
2338 that could not be conducted as a due to the direct result of
2339 fire, war, hurricane, or other disaster or event beyond the
2340 control of the permitholder. This paragraph does not apply to a
2341 greyhound racing permitholder that conducted a full schedule of
2342 live racing for a period of at least 10 consecutive state fiscal
2343 years after the 2002-2003 state fiscal year or to a thoroughbred
2344 racing permitholder that holds a slot machine license if it has
2345 entered into an agreement with another thoroughbred racing
2346 permitholder to conduct its race meet at the other thoroughbred
2347 racing permitholder’s facility.
2348 (d) Upon approval of any changes relating to the pari
2349 mutuel permit by the department division, be responsible for
2350 providing appropriate current and accurate documentation on a
2351 timely basis to the department division in order to continue the
2352 slot machine license in good standing. Changes in ownership or
2353 interest of a slot machine license of 5 percent or more of the
2354 stock or other evidence of ownership or equity in the slot
2355 machine license or any parent corporation or other business
2356 entity that in any way owns or controls the slot machine license
2357 shall be approved by the department division prior to such
2358 change, unless the owner is an existing holder of that license
2359 who was previously approved by the department division. Changes
2360 in ownership or interest of a slot machine license of less than
2361 5 percent, unless such change results in a cumulative total of 5
2362 percent or more, shall be reported to the department division
2363 within 20 days after the change. The department division may
2364 then conduct an investigation to ensure that the license is
2365 properly updated to show the change in ownership or interest. No
2366 reporting is required if the person is holding 5 percent or less
2367 equity or securities of a corporate owner of the slot machine
2368 licensee that has its securities registered pursuant to s. 12 of
2369 the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
2370 if such corporation or entity files with the United States
2371 Securities and Exchange Commission the reports required by s. 13
2372 of that act or if the securities of the corporation or entity
2373 are regularly traded on an established securities market in the
2374 United States. A change in ownership or interest of less than 5
2375 percent which results in a cumulative ownership or interest of 5
2376 percent or more must shall be approved by the department before
2377 division prior to such change unless the owner is an existing
2378 holder of the license who was previously approved by the
2379 department division.
2380 (e) Allow the department division and the Department of Law
2381 Enforcement unrestricted access to and right of inspection of
2382 facilities of a slot machine licensee in which any activity
2383 relative to the conduct of slot machine gaming is conducted.
2384 (f) Ensure that the facilities-based computer system that
2385 the licensee will use for operational and accounting functions
2386 of the slot machine facility is specifically structured to
2387 facilitate regulatory oversight. The facilities-based computer
2388 system shall be designed to provide the department division and
2389 the Department of Law Enforcement with the ability to monitor,
2390 at any time on a real-time basis, the wagering patterns,
2391 payouts, tax collection, and such other operations as necessary
2392 to determine whether the facility is in compliance with
2393 statutory provisions and rules adopted by the department
2394 division for the regulation and control of slot machine gaming.
2395 The department division and the Department of Law Enforcement
2396 shall have complete and continuous access to this system. Such
2397 access shall include the ability of either the department
2398 division or the Department of Law Enforcement to suspend play
2399 immediately on particular slot machines if monitoring of the
2400 system indicates possible tampering or manipulation of those
2401 slot machines or the ability to suspend play immediately of the
2402 entire operation if the tampering or manipulation is of the
2403 computer system itself. The computer system shall be reviewed
2404 and approved by the department division to ensure necessary
2405 access, security, and functionality. The department division may
2406 adopt rules to provide for the approval process.
2407 (g) Ensure that each slot machine is protected from
2408 manipulation or tampering to affect the random probabilities of
2409 winning plays. The department division or the Department of Law
2410 Enforcement may shall have the authority to suspend play upon
2411 reasonable suspicion of any manipulation or tampering. When play
2412 has been suspended on any slot machine, the department division
2413 or the Department of Law Enforcement may examine any slot
2414 machine to determine whether the machine has been tampered with
2415 or manipulated and whether the machine should be returned to
2416 operation.
2417 (h) Submit a security plan, including the facilities’ floor
2418 plan, the locations of security cameras, and a listing of all
2419 security equipment that is capable of observing and
2420 electronically recording activities being conducted in the
2421 facilities of the slot machine licensee. The security plan must
2422 meet the minimum security requirements as determined by the
2423 department division under s. 551.103(1)(i) and be implemented
2424 prior to operation of slot machine gaming. The slot machine
2425 licensee’s facilities must adhere to the security plan at all
2426 times. Any changes to the security plan must be submitted by the
2427 licensee to the department before division prior to
2428 implementation. The department division shall furnish copies of
2429 the security plan and changes in the plan to the Department of
2430 Law Enforcement.
2431 (i) Create and file with the department division a written
2432 policy for:
2433 1. Creating opportunities to purchase from vendors in this
2434 state, including minority vendors.
2435 2. Creating opportunities for employment of residents of
2436 this state, including minority residents.
2437 3. Ensuring opportunities for construction services from
2438 minority contractors.
2439 4. Ensuring that opportunities for employment are offered
2440 on an equal, nondiscriminatory basis.
2441 5. Training for employees on responsible gaming and working
2442 with a compulsive or addictive gambling prevention program to
2443 further its purposes as provided for in s. 551.118.
2444 6. The implementation of a drug-testing program that
2445 includes, but is not limited to, requiring each employee to sign
2446 an agreement that he or she understands that the slot machine
2447 facility is a drug-free workplace.
2448
2449 The slot machine licensee shall use the Internet-based job
2450 listing system of the Department of Economic Opportunity in
2451 advertising employment opportunities. Beginning in June 2007,
2452 Each slot machine licensee shall provide an annual report to the
2453 department division containing information indicating compliance
2454 with this paragraph in regard to minority persons.
2455 (j) Ensure that the payout percentage of a slot machine
2456 gaming facility is at least 85 percent.
2457 (5) A slot machine license is not transferable.
2458 (6) A slot machine licensee shall keep and maintain
2459 permanent daily records of its slot machine operation and shall
2460 maintain such records for a period of not less than 5 years.
2461 These records must include all financial transactions and
2462 contain sufficient detail to determine compliance with the
2463 requirements of this chapter. All records shall be available for
2464 audit and inspection by the department division, the Department
2465 of Law Enforcement, or other law enforcement agencies during the
2466 licensee’s regular business hours.
2467 (7) A slot machine licensee shall file with the department
2468 division a monthly report containing the required records of
2469 such slot machine operation. The required reports shall be
2470 submitted on forms prescribed by the department division and
2471 shall be due at the same time as the monthly pari-mutuel reports
2472 are due to the department division, and the reports shall be
2473 deemed public records once filed.
2474 (8) A slot machine licensee shall file with the department
2475 division an audit of the receipt and distribution of all slot
2476 machine revenues provided by an independent certified public
2477 accountant verifying compliance with all financial and auditing
2478 provisions of this chapter and the associated rules adopted
2479 under this chapter. The audit must include verification of
2480 compliance with all statutes and rules regarding all required
2481 records of slot machine operations. Such audit shall be filed
2482 within 60 days after the completion of the permitholder’s pari
2483 mutuel meet.
2484 (9) The department division may share any information with
2485 the Department of Law Enforcement, any other law enforcement
2486 agency having jurisdiction over slot machine gaming or pari
2487 mutuel activities, or any other state or federal law enforcement
2488 agency the department division or the Department of Law
2489 Enforcement deems appropriate. Any law enforcement agency having
2490 jurisdiction over slot machine gaming or pari-mutuel activities
2491 may share any information obtained or developed by it with the
2492 department division.
2493 (10)(a)1. No slot machine license or renewal thereof shall
2494 be issued to an applicant holding a permit under chapter 550 to
2495 conduct pari-mutuel wagering meets of thoroughbred racing unless
2496 the applicant has on file with the department division a binding
2497 written agreement between the applicant and the Florida
2498 Horsemen’s Benevolent and Protective Association, Inc.,
2499 governing the payment of purses on live thoroughbred races
2500 conducted at the licensee’s pari-mutuel facility. In addition,
2501 no slot machine license or renewal thereof shall be issued to
2502 such an applicant unless the applicant has on file with the
2503 department division a binding written agreement between the
2504 applicant and the Florida Thoroughbred Breeders’ Association,
2505 Inc., governing the payment of breeders’, stallion, and special
2506 racing awards on live thoroughbred races conducted at the
2507 licensee’s pari-mutuel facility. The agreement governing purses
2508 and the agreement governing awards may direct the payment of
2509 such purses and awards from revenues generated by any wagering
2510 or gaming the applicant is authorized to conduct under Florida
2511 law. All purses and awards shall be subject to the terms of
2512 chapter 550. All sums for breeders’, stallion, and special
2513 racing awards shall be remitted monthly to the Florida
2514 Thoroughbred Breeders’ Association, Inc., for the payment of
2515 awards subject to the administrative fee authorized in s.
2516 550.2625(3).
2517 2. No slot machine license or renewal thereof shall be
2518 issued to an applicant holding a permit under chapter 550 to
2519 conduct pari-mutuel wagering meets of quarter horse racing
2520 unless the applicant has on file with the department division a
2521 binding written agreement between the applicant and the Florida
2522 Quarter Horse Racing Association or the association representing
2523 a majority of the horse owners and trainers at the applicant’s
2524 eligible facility, governing the payment of purses on live
2525 quarter horse races conducted at the licensee’s pari-mutuel
2526 facility. The agreement governing purses may direct the payment
2527 of such purses from revenues generated by any wagering or gaming
2528 the applicant is authorized to conduct under Florida law. All
2529 purses are shall be subject to the terms of chapter 550.
2530 (b) The department division shall suspend a slot machine
2531 license if one or more of the agreements required under
2532 paragraph (a) are terminated or otherwise cease to operate or if
2533 the department division determines that the licensee is
2534 materially failing to comply with the terms of such an
2535 agreement. Any such suspension shall take place in accordance
2536 with chapter 120.
2537 (c)1. If an agreement required under paragraph (a) cannot
2538 be reached before prior to the initial issuance of the slot
2539 machine license, either party may request arbitration or, in the
2540 case of a renewal, if an agreement required under paragraph (a)
2541 is not in place 120 days prior to the scheduled expiration date
2542 of the slot machine license, the applicant shall immediately ask
2543 the American Arbitration Association to furnish a list of 11
2544 arbitrators, each of whom shall have at least 5 years of
2545 commercial arbitration experience and no financial interest in
2546 or prior relationship with any of the parties or their
2547 affiliated or related entities or principals. Each required
2548 party to the agreement shall select a single arbitrator from the
2549 list provided by the American Arbitration Association within 10
2550 days of receipt, and the individuals so selected shall choose
2551 one additional arbitrator from the list within the next 10 days.
2552 2. If an agreement required under paragraph (a) is not in
2553 place 60 days after the request under subparagraph 1. in the
2554 case of an initial slot machine license or, in the case of a
2555 renewal, 60 days before prior to the scheduled expiration date
2556 of the slot machine license, the matter shall be immediately
2557 submitted to mandatory binding arbitration to resolve the
2558 disagreement between the parties. The three arbitrators selected
2559 pursuant to subparagraph 1. shall constitute the panel that
2560 shall arbitrate the dispute between the parties pursuant to the
2561 American Arbitration Association Commercial Arbitration Rules
2562 and chapter 682.
2563 3. At the conclusion of the proceedings, which shall be no
2564 later than 90 days after the request under subparagraph 1. in
2565 the case of an initial slot machine license or, in the case of a
2566 renewal, 30 days before prior to the scheduled expiration date
2567 of the slot machine license, the arbitration panel shall present
2568 to the parties a proposed agreement that the majority of the
2569 panel believes equitably balances the rights, interests,
2570 obligations, and reasonable expectations of the parties. The
2571 parties shall immediately enter into such agreement, which shall
2572 satisfy the requirements of paragraph (a) and permit issuance of
2573 the pending annual slot machine license or renewal. The
2574 agreement produced by the arbitration panel under this
2575 subparagraph shall be effective until the last day of the
2576 license or renewal period or until the parties enter into a
2577 different agreement. Each party shall pay its respective costs
2578 of arbitration and shall pay one-half of the costs of the
2579 arbitration panel, unless the parties otherwise agree. If the
2580 agreement produced by the arbitration panel under this
2581 subparagraph remains in place 120 days prior to the scheduled
2582 issuance of the next annual license renewal, then the
2583 arbitration process established in this paragraph will begin
2584 again.
2585 4. If In the event that neither of the agreements required
2586 under subparagraph (a)1. or the agreement required under
2587 subparagraph (a)2. is not are in place by the deadlines
2588 established in this paragraph, arbitration regarding each
2589 agreement shall will proceed independently, with separate lists
2590 of arbitrators, arbitration panels, arbitration proceedings, and
2591 resulting agreements.
2592 5. With respect to the agreements required under paragraph
2593 (a) governing the payment of purses, the arbitration and
2594 resulting agreement called for under this paragraph shall be
2595 limited to the payment of purses from slot machine revenues
2596 only.
2597 (d) If any provision of this subsection or its application
2598 to any person or circumstance is held invalid, the invalidity
2599 does not affect other provisions or applications of this
2600 subsection or chapter which can be given effect without the
2601 invalid provision or application, and to this end the provisions
2602 of this subsection are severable.
2603 (e) Each slot machine licensee that does not offer live
2604 racing shall withhold 2 percent of its net revenue from slot
2605 machines to be deposited into a purse pool to be paid as purses
2606 to licensed pari-mutuel facilities offering live racing or
2607 games. This paragraph does not apply to slot machine licenses
2608 issued pursuant to subsection (1).
2609 Section 32. Section 551.1041, Florida Statutes, is created
2610 to read:
2611 551.1041 Additional slot machine licenses.—
2612 (1) An additional slot machine license is authorized and
2613 may be issued to a pari-mutuel permitholder for a slot machine
2614 facility in Miami-Dade County.
2615 (2) An additional slot machine license is authorized and
2616 may be issued to a pari-mutuel permitholder for a slot machine
2617 facility in Palm Beach County.
2618 (3) A slot machine license may not be issued under this
2619 section until a majority of the voters of the county where the
2620 facility is located approve slot machines at the facility in a
2621 referendum held after July 1, 2016. The referendum may be
2622 conducted pursuant to s. 550.0651. If a special election is not
2623 held, the referendum shall be conducted at the next general
2624 election in that county.
2625 (4) Application for a slot machine license must be made by
2626 sealed bid to the department, with the license awarded to the
2627 highest bidder. Before the advertisement or notice of bid
2628 solicitations, the department shall publish prequalification
2629 procedures and requirements that, at minimum, meet the criteria
2630 in subsection (5). The department shall adopt by rule the form
2631 for the bid. The form shall include the applicant’s bid amount
2632 and evidence that the applicant meets the prequalification
2633 criteria. The bids may not be opened until the day, time, and
2634 place designated by the department and provided in the notice,
2635 at which time all bids shall be opened at a public meeting
2636 pursuant to s. 286.011. Any challenge or protest of the award is
2637 subject to s. 120.57(3). Section 120.60(1) does not apply to the
2638 bid process established by this section.
2639 (5) At minimum, the prequalification criteria must include:
2640 (a) Evidence that the bidder meets the qualifications in
2641 chapters 550 and 551, as applicable; and
2642 (b) Evidence that the bidder has purchased, or entered into
2643 an agreement to purchase and transfer, an active pari-mutuel
2644 permit with the intent to surrender and void such permit, as
2645 provided in s. 550.1751.
2646 (6) To be eligible for a slot machine license under this
2647 section, the applicant must submit a minimum bid of $3 million.
2648 If no minimum bids are received, the slot machine license will
2649 not be issued and the department may restart the bid process on
2650 its own initiative or upon the receipt of a petition by a
2651 potential bidder to start the bid process.
2652 (7) A slot machine licensee who is awarded a license under
2653 this section may make available for play the following machines:
2654 (a) After the issuance of the initial slot machine license
2655 and before October 1, 2018, up to a total of 500 slot machines
2656 and 250 video race terminals.
2657 (b) On or after October 1, 2018, up to a total of 750 slot
2658 machines and 750 video race terminals.
2659 (8) The following requirements apply to slot machines and
2660 video race terminals authorized under this section:
2661 (a) A wager on a slot machine or a video race terminal may
2662 not exceed $5 per game or race.
2663 (b) Only one game or race may be played at any given time
2664 on a slot machine or video race terminal, and a player may not
2665 wager on a new game or race until the previous game or race has
2666 been completed.
2667 (c) Slot machines and video race terminals may not offer
2668 games that use tangible playing cards, but may have games that
2669 use electronic or virtual cards.
2670 (9) As used in subsections (7) and (8), the term “video
2671 race terminal” means an individual racing terminal linked to a
2672 central server as part of a network-based video game in which
2673 the terminals allow pari-mutuel wagering by players on the
2674 results of previously conducted horse races, but only if the
2675 game is certified in advance by an independent testing
2676 laboratory licensed or contracted by the department as complying
2677 with all of the following requirements:
2678 (a) All data on previously conducted horse races must be
2679 stored in a secure format on the central server, which must be
2680 located at the pari-mutuel facility.
2681 (b) Only horse races that were recorded at licensed pari
2682 mutuel facilities in the United States after January 1, 2005,
2683 may be used.
2684 (c) After each wager is placed, the video race terminal
2685 must display a video of at least the final seconds of the horse
2686 race before any prize is awarded or indicated on the video race
2687 terminal.
2688 (d) The display of the video of the horse race must be
2689 shown on the video race terminal’s video screen.
2690 (e) Mechanical reel displays are prohibited.
2691 (f) A video race terminal may not contain more than one
2692 player position for placing wagers.
2693 (g) Coins, currency, or tokens may not be dispensed from a
2694 video race terminal.
2695 (h) Prizes must be awarded based solely on the results of a
2696 previously conducted horse race, and no additional element of
2697 chance may be used. However, a random number generator must be
2698 used to select from the central server the race to be displayed
2699 to the player(s) and to select numbers or other designations of
2700 race entrants that will be used in the various bet types for any
2701 “Quick Pick” bets. To prevent an astute player from recognizing
2702 the race based on the entrants and thus knowing the results
2703 before placing a wager, the entrants of the race may not be
2704 identified until after all wagers for that race have been
2705 placed.
2706 (10) Each slot machine licensee under this section shall
2707 withhold 1 percent of the net revenue from the slot machines and
2708 video race terminals authorized by this section to be deposited
2709 into a purse pool to be paid as purses for thoroughbred horse
2710 racing at a licensed pari-mutuel facility that is not authorized
2711 to conduct slot machine gaming.
2712 Section 33. Section 551.1042, Florida Statutes, is created
2713 to read:
2714 551.1042 Transfer or relocation of slot machine license
2715 prohibited.—A slot machine license issued under this chapter may
2716 not be transferred or reissued when such reissuance is in the
2717 nature of a transfer so as to permit or authorize a licensee to
2718 change the location of a slot machine facility.
2719 Section 34. Section 551.106, Florida Statutes, is amended
2720 to read:
2721 551.106 License fee; tax rate; penalties.—
2722 (1) LICENSE FEE.—
2723 (a) Upon submission of the initial application for a slot
2724 machine license and annually thereafter, on the anniversary date
2725 of the issuance of the initial license, the licensee must pay to
2726 the department division a nonrefundable license fee of $3
2727 million for the succeeding 12 months of licensure. In the 2010
2728 2011 fiscal year, the licensee must pay the division a
2729 nonrefundable license fee of $2.5 million for the succeeding 12
2730 months of licensure. In the 2011-2012 fiscal year and for every
2731 fiscal year thereafter, the licensee must pay the division a
2732 nonrefundable license fee of $2 million for the succeeding 12
2733 months of licensure. The license fee shall be deposited into the
2734 Pari-mutuel Wagering Trust Fund of the Department of Business
2735 and Professional Regulation to be used by the department
2736 division and the Department of Law Enforcement for
2737 investigations, regulation of slot machine gaming, and
2738 enforcement of slot machine gaming provisions under this
2739 chapter. These payments shall be accounted for separately from
2740 taxes or fees paid pursuant to the provisions of chapter 550.
2741 (b) Prior to January 1, 2007, the division shall evaluate
2742 the license fee and shall make recommendations to the President
2743 of the Senate and the Speaker of the House of Representatives
2744 regarding the optimum level of slot machine license fees in
2745 order to adequately support the slot machine regulatory program.
2746 (2) TAX ON SLOT MACHINE REVENUES.—
2747 (a) The tax rate on slot machine revenues at each facility
2748 shall be 30 35 percent. If, during any state fiscal year, the
2749 aggregate amount of tax paid to the state by all slot machine
2750 licensees in Broward and Miami-Dade Counties is less than the
2751 aggregate amount of tax paid to the state by all slot machine
2752 licensees in the 2008-2009 fiscal year, each slot machine
2753 licensee shall pay to the state within 45 days after the end of
2754 the state fiscal year a surcharge equal to its pro rata share of
2755 an amount equal to the difference between the aggregate amount
2756 of tax paid to the state by all slot machine licensees in the
2757 2008-2009 fiscal year and the amount of tax paid during the
2758 fiscal year. Each licensee’s pro rata share shall be an amount
2759 determined by dividing the number 1 by the number of facilities
2760 licensed to operate slot machines during the applicable fiscal
2761 year, regardless of whether the facility is operating such
2762 machines.
2763 (b) The slot machine revenue tax imposed by this section
2764 shall be paid to the department division for deposit into the
2765 Pari-mutuel Wagering Trust Fund for immediate transfer by the
2766 Chief Financial Officer for deposit into the Educational
2767 Enhancement Trust Fund of the Department of Education. Any
2768 interest earnings on the tax revenues shall also be transferred
2769 to the Educational Enhancement Trust Fund.
2770 (c)1. Funds transferred to the Educational Enhancement
2771 Trust Fund under paragraph (b) shall be used to supplement
2772 public education funding statewide.
2773 2. If necessary to comply with any covenant established
2774 pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
2775 funds transferred to the Educational Enhancement Trust Fund
2776 under paragraph (b) shall first be available to pay debt service
2777 on lottery bonds issued to fund school construction in the event
2778 lottery revenues are insufficient for such purpose or to satisfy
2779 debt service reserve requirements established in connection with
2780 lottery bonds. Moneys available pursuant to this subparagraph
2781 are subject to annual appropriation by the Legislature.
2782 (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
2783 on slot machine revenues imposed by this section shall be paid
2784 to the department division. The department division shall
2785 deposit these sums with the Chief Financial Officer, to the
2786 credit of the Pari-mutuel Wagering Trust Fund. The slot machine
2787 licensee shall remit to the department division payment for the
2788 tax on slot machine revenues. Such payments shall be remitted by
2789 3 p.m. Wednesday of each week for taxes imposed and collected
2790 for the preceding week ending on Sunday. Beginning on July 1,
2791 2012, The slot machine licensee shall remit to the department
2792 division payment for the tax on slot machine revenues by 3 p.m.
2793 on the 5th day of each calendar month for taxes imposed and
2794 collected for the preceding calendar month. If the 5th day of
2795 the calendar month falls on a weekend, payments shall be
2796 remitted by 3 p.m. the first Monday following the weekend. The
2797 slot machine licensee shall file a report under oath by the 5th
2798 day of each calendar month for all taxes remitted during the
2799 preceding calendar month. Such payments shall be accompanied by
2800 a report under oath showing all slot machine gaming activities
2801 for the preceding calendar month and such other information as
2802 may be prescribed by the department division.
2803 (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
2804 fails to make tax payments as required under this section is
2805 subject to an administrative penalty of up to $10,000 for each
2806 day the tax payment is not remitted. All administrative
2807 penalties imposed and collected shall be deposited into the
2808 Pari-mutuel Wagering Trust Fund of the Department of Business
2809 and Professional Regulation. If any slot machine licensee fails
2810 to pay penalties imposed by order of the department division
2811 under this subsection, the department division may suspend,
2812 revoke, or refuse to renew the license of the slot machine
2813 licensee.
2814 (5) SUBMISSION OF FUNDS.—The department division may
2815 require slot machine licensees to remit taxes, fees, fines, and
2816 assessments by electronic funds transfer.
2817 Section 35. Section 551.114, Florida Statutes, is amended
2818 to read:
2819 551.114 Slot machine gaming areas.—
2820 (1) A slot machine licensee may make available for play up
2821 to 1,700 2,000 slot machines within the property of the
2822 facilities of the slot machine licensee.
2823 (2) The slot machine licensee shall display pari-mutuel
2824 races or games within the designated slot machine gaming areas
2825 and offer patrons within the designated slot machine gaming
2826 areas the ability to engage in pari-mutuel wagering on any live,
2827 intertrack, and simulcast races conducted or offered to patrons
2828 of the licensed facility.
2829 (3) The department division shall require the posting of
2830 signs warning of the risks and dangers of gambling, showing the
2831 odds of winning, and informing patrons of the toll-free
2832 telephone number available to provide information and referral
2833 services regarding compulsive or problem gambling.
2834 (4) Designated slot machine gaming areas may be located
2835 within the current live gaming facility or in an existing
2836 building that must be contiguous and connected to the live
2837 gaming facility. If a designated slot machine gaming area is to
2838 be located in a building that is to be constructed, that new
2839 building must be contiguous and connected to the live gaming
2840 facility. For a greyhound racing permitholder, jai alai
2841 permitholder, harness horse racing permitholder, or quarter
2842 horse permitholder licensed to conduct pari-mutuel activities
2843 pursuant to a current year’s operating license that does not
2844 require live performances or games, designated slot machine
2845 gaming areas may be located only within the eligible facility
2846 for which the initial annual slot machine license was issued.
2847 (5) The permitholder shall provide adequate office space at
2848 no cost to the department division and the Department of Law
2849 Enforcement for the oversight of slot machine operations. The
2850 department division shall adopt rules establishing the criteria
2851 for adequate space, configuration, and location and needed
2852 electronic and technological requirements for office space
2853 required by this subsection.
2854 Section 36. Section 551.116, Florida Statutes, is amended
2855 to read:
2856 551.116 Days and hours of operation.—Slot machine gaming
2857 areas may be open 24 hours per day, 7 days a week daily
2858 throughout the year. The slot machine gaming areas may be open a
2859 cumulative amount of 18 hours per day on Monday through Friday
2860 and 24 hours per day on Saturday and Sunday and on those
2861 holidays specified in s. 110.117(1).
2862 Section 37. Subsections (1) and (3) and paragraph (c) of
2863 subsection (4) of section 551.121, Florida Statutes, are amended
2864 to read:
2865 551.121 Prohibited activities and devices; exceptions.—
2866 (1) Complimentary or reduced-cost alcoholic beverages may
2867 not be served to a person persons playing a slot machine.
2868 Alcoholic beverages served to persons playing a slot machine
2869 shall cost at least the same amount as alcoholic beverages
2870 served to the general public at a bar within the facility.
2871 (3) A slot machine licensee may not allow any automated
2872 teller machine or similar device designed to provide credit or
2873 dispense cash to be located within the designated slot machine
2874 gaming areas of a facility of a slot machine licensee.
2875 (4)
2876 (c) Outside the designated slot machine gaming areas, a
2877 slot machine licensee or operator may accept or cash a check for
2878 an employee of the facility who is prohibited from wagering on a
2879 slot machine under s. 551.108(5), a check made directly payable
2880 to a person licensed by the department division, or a check made
2881 directly payable to the slot machine licensee or operator from:
2882 1. A pari-mutuel patron; or
2883 2. A pari-mutuel facility in this state or in another
2884 state.
2885 Section 38. Present subsections (9) through (17) of section
2886 849.086, Florida Statutes, are redesignated as subsections (10)
2887 through (18), respectively, a new subsection (9) is added to
2888 that section, and subsections (1), (2), (4), (5), (6),
2889 paragraphs (a), (b), (c), and (f) of subsection (7), subsection
2890 (8), present subsections (10) through (14), paragraph (b) of
2891 present subsection (15), and present subsections (16) and (17)
2892 of that section are amended, to read:
2893 849.086 Cardrooms authorized.—
2894 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
2895 to provide additional entertainment choices for the residents of
2896 and visitors to the state, promote tourism in the state, and
2897 provide additional state revenues through the authorization of
2898 the playing of certain games in the state at facilities known as
2899 cardrooms which are to be located at licensed pari-mutuel
2900 facilities. To ensure the public confidence in the integrity of
2901 authorized cardroom operations, this act is designed to strictly
2902 regulate the facilities, persons, and procedures related to
2903 cardroom operations. Furthermore, the Legislature finds that
2904 authorized games of card and dominoes as herein defined are
2905 considered to be pari-mutuel style games and not casino gaming
2906 because the participants play against each other instead of
2907 against the house.
2908 (2) DEFINITIONS.—As used in this section:
2909 (a) “Authorized game” means a game or series of card and
2910 domino games that of poker or dominoes which are played in
2911 conformance with this section a nonbanking manner.
2912 (b) “Banking game” means a game in which the house is a
2913 participant in the game, taking on players, paying winners, and
2914 collecting from losers or in which the cardroom establishes a
2915 bank against which participants play.
2916 (c) “Cardroom” means a facility where authorized games are
2917 played for money or anything of value and to which the public is
2918 invited to participate in such games and charged a fee for
2919 participation by the operator of such facility. Authorized games
2920 and cardrooms do not constitute casino gaming operations if
2921 conducted at an eligible facility.
2922 (d) “Cardroom management company” means any individual not
2923 an employee of the cardroom operator, any proprietorship,
2924 partnership, corporation, or other entity that enters into an
2925 agreement with a cardroom operator to manage, operate, or
2926 otherwise control the daily operation of a cardroom.
2927 (e) “Cardroom distributor” means any business that
2928 distributes cardroom paraphernalia such as card tables, betting
2929 chips, chip holders, dominoes, dominoes tables, drop boxes,
2930 banking supplies, playing cards, card shufflers, and other
2931 associated equipment to authorized cardrooms.
2932 (f) “Cardroom operator” means a licensed pari-mutuel
2933 permitholder that which holds a valid permit and license issued
2934 by the department division pursuant to chapter 550 and which
2935 also holds a valid cardroom license issued by the department
2936 division pursuant to this section which authorizes such person
2937 to operate a cardroom and to conduct authorized games in such
2938 cardroom.
2939 (g) “Department” “Division” means the Division of Pari
2940 mutuel Wagering of the Department of Gaming Business and
2941 Professional Regulation.
2942 (h) “Designated player” means the player identified as the
2943 player in the dealer position and seated at a traditional player
2944 position in a designated player game and who pays winning
2945 players and collects from losing players.
2946 (i) “Designated player game” means a game consisting of at
2947 least three cards in which the players compare their cards only
2948 to the cards of the designated player.
2949 (j)(h) “Dominoes” means a game of dominoes typically played
2950 with a set of 28 flat rectangular blocks, called “bones,” which
2951 are marked on one side and divided into two equal parts, with
2952 zero to six dots, called “pips,” in each part. The term also
2953 includes larger sets of blocks that contain a correspondingly
2954 higher number of pips. The term also means the set of blocks
2955 used to play the game.
2956 (k)(i) “Gross receipts” means the total amount of money
2957 received by a cardroom from any person for participation in
2958 authorized games.
2959 (l)(j) “House” means the cardroom operator and all
2960 employees of the cardroom operator.
2961 (m)(k) “Net proceeds” means the total amount of gross
2962 receipts received by a cardroom operator from cardroom
2963 operations less direct operating expenses related to cardroom
2964 operations, including labor costs, admission taxes only if a
2965 separate admission fee is charged for entry to the cardroom
2966 facility, gross receipts taxes imposed on cardroom operators by
2967 this section, the annual cardroom license fees imposed by this
2968 section on each table operated at a cardroom, and reasonable
2969 promotional costs excluding officer and director compensation,
2970 interest on capital debt, legal fees, real estate taxes, bad
2971 debts, contributions or donations, or overhead and depreciation
2972 expenses not directly related to the operation of the cardrooms.
2973 (n)(l) “Rake” means a set fee or percentage of the pot
2974 assessed by a cardroom operator for providing the services of a
2975 dealer, table, or location for playing the authorized game.
2976 (o)(m) “Tournament” means a series of games that have more
2977 than one betting round involving one or more tables and where
2978 the winners or others receive a prize or cash award.
2979 (4) AUTHORITY OF DEPARTMENT DIVISION.—The Division of Pari
2980 mutuel Wagering of the department of Business and Professional
2981 Regulation shall administer this section and regulate the
2982 operation of cardrooms under this section and the rules adopted
2983 pursuant thereto, and is hereby authorized to:
2984 (a) Adopt rules, including, but not limited to: the
2985 issuance of cardroom and employee licenses for cardroom
2986 operations; the operation of a cardroom and games; recordkeeping
2987 and reporting requirements; and the collection of all fees and
2988 taxes imposed by this section.
2989 (b) Conduct investigations and monitor the operation of
2990 cardrooms and the playing of authorized games at the cardrooms
2991 therein.
2992 (c) Review the books, accounts, and records of any current
2993 or former cardroom operator.
2994 (d) Suspend or revoke any license or permit, after hearing,
2995 for any violation of the provisions of this section or the
2996 administrative rules adopted pursuant thereto.
2997 (e) Take testimony, issue summons and subpoenas for any
2998 witness, and issue subpoenas duces tecum in connection with any
2999 matter within its jurisdiction.
3000 (f) Monitor and ensure the proper collection of taxes and
3001 fees imposed by this section. Permitholder internal controls are
3002 mandated to ensure no compromise of state funds. To that end, a
3003 roaming department division auditor will monitor and verify the
3004 cash flow and accounting of cardroom revenue for any given
3005 operating day.
3006 (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
3007 not operate a cardroom in this state unless such person holds a
3008 valid cardroom license issued pursuant to this section.
3009 (a) Only those persons holding a valid cardroom license
3010 issued by the department division may operate a cardroom. A
3011 cardroom license may only be issued to a licensed pari-mutuel
3012 permitholder, and an authorized cardroom may only be operated at
3013 the same facility at which the permitholder is authorized under
3014 its valid pari-mutuel wagering permit to conduct pari-mutuel
3015 wagering activities if the permitholder offers live racing or
3016 games. However, a thoroughbred racing permitholder that holds a
3017 slot machine license and has entered into an agreement with
3018 another thoroughbred racing permitholder to conduct its race
3019 meet at the other thoroughbred racing permitholder’s facility
3020 may operate a cardroom at the slot facility stated in the
3021 permitholder’s slot machine license. An initial cardroom license
3022 shall be issued to a pari-mutuel permitholder only after its
3023 facilities are in place and after it conducts its first day of
3024 live racing or games if the permitholder offers live racing or
3025 games.
3026 (b) After the initial cardroom license is granted, the
3027 application for the annual license renewal shall be made in
3028 conjunction with the applicant’s annual application for its
3029 pari-mutuel license. If a permitholder has operated a cardroom
3030 during any of the 3 previous fiscal years and fails to include a
3031 renewal request for the operation of the cardroom in its annual
3032 application for license renewal, the permitholder may amend its
3033 annual application to include operation of the cardroom. In
3034 order for a cardroom license to be renewed the applicant must
3035 have requested, as part of its pari-mutuel annual license
3036 application, to conduct at least 90 percent of the total number
3037 of live performances conducted by such permitholder during
3038 either the state fiscal year in which its initial cardroom
3039 license was issued or the state fiscal year immediately prior
3040 thereto if the permitholder ran at least a full schedule of live
3041 racing or games in the prior year. If the application is for a
3042 harness permitholder cardroom, the applicant must have requested
3043 authorization to conduct a minimum of 140 live performances
3044 during the state fiscal year immediately prior thereto. If more
3045 than one permitholder is operating at a facility, each
3046 permitholder must have applied for a license to conduct a full
3047 schedule of live racing.
3048 (c) A greyhound racing permitholder is exempt from the live
3049 racing requirements of this subsection if it conducted a full
3050 schedule of live racing for a period of at least 10 consecutive
3051 state fiscal years after the 1996-1997 state fiscal year or if
3052 it converted its permit to a permit to conduct greyhound racing
3053 after that fiscal year. However, as a condition of cardroom
3054 licensure, greyhound racing permitholders who are not conducting
3055 a full schedule of live racing must conduct intertrack wagering
3056 on thoroughbred signals, to the extent available, on each day of
3057 cardroom operation.
3058 (d)(c) Persons seeking a license or a renewal thereof to
3059 operate a cardroom shall make application on forms prescribed by
3060 the department division. Applications for cardroom licenses
3061 shall contain all of the information the department division, by
3062 rule, may determine is required to ensure eligibility.
3063 (e)(d) The annual cardroom license fee for each facility
3064 shall be $1,000 for each table to be operated at the cardroom.
3065 The license fee shall be deposited by the department division
3066 with the Chief Financial Officer to the credit of the Pari
3067 mutuel Wagering Trust Fund.
3068 (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
3069 APPLICATION; FEES.—
3070 (a) A person employed or otherwise working in a cardroom as
3071 a cardroom manager, floor supervisor, pit boss, dealer, or any
3072 other activity related to cardroom operations while the facility
3073 is conducting card playing or games of dominoes must hold a
3074 valid cardroom employee occupational license issued by the
3075 department division. Food service, maintenance, and security
3076 employees with a current pari-mutuel occupational license and a
3077 current background check will not be required to have a cardroom
3078 employee occupational license.
3079 (b) Any cardroom management company or cardroom distributor
3080 associated with cardroom operations must hold a valid cardroom
3081 business occupational license issued by the department division.
3082 (c) A No licensed cardroom operator may not employ or allow
3083 to work in a cardroom any person unless such person holds a
3084 valid occupational license. A No licensed cardroom operator may
3085 not contract, or otherwise do business with, a business required
3086 to hold a valid cardroom business occupational license, unless
3087 the business holds such a valid license.
3088 (d) The department division shall establish, by rule, a
3089 schedule for the renewal of cardroom occupational licenses.
3090 Cardroom occupational licenses are not transferable.
3091 (e) Persons seeking cardroom occupational licenses, or
3092 renewal thereof, shall make application on forms prescribed by
3093 the department division. Applications for cardroom occupational
3094 licenses shall contain all of the information the department
3095 division, by rule, may determine is required to ensure
3096 eligibility.
3097 (f) The department division shall adopt rules regarding
3098 cardroom occupational licenses. The provisions specified in s.
3099 550.105(4), (5), (6), (7), (8), and (10) relating to licensure
3100 shall be applicable to cardroom occupational licenses.
3101 (g) The department division may deny, declare ineligible,
3102 or revoke any cardroom occupational license if the applicant or
3103 holder thereof has been found guilty or had adjudication
3104 withheld in this state or any other state, or under the laws of
3105 the United States of a felony or misdemeanor involving forgery,
3106 larceny, extortion, conspiracy to defraud, or filing false
3107 reports to a government agency, racing or gaming commission or
3108 authority.
3109 (h) Fingerprints for all cardroom occupational license
3110 applications shall be taken in a manner approved by the
3111 department division and then shall be submitted to the Florida
3112 Department of Law Enforcement and the Federal Bureau of
3113 Investigation for a criminal records check upon initial
3114 application and at least every 5 years thereafter. The
3115 department division may by rule require an annual record check
3116 of all renewal applications for a cardroom occupational license.
3117 The cost of processing fingerprints and conducting a record
3118 check shall be borne by the applicant.
3119 (i) The cardroom employee occupational license fee may
3120 shall not exceed $50 for any 12-month period. The cardroom
3121 business occupational license fee may shall not exceed $250 for
3122 any 12-month period.
3123 (7) CONDITIONS FOR OPERATING A CARDROOM.—
3124 (a) A cardroom may be operated only at the location
3125 specified on the cardroom license issued by the department
3126 division, and such location may only be the location at which
3127 the pari-mutuel permitholder is authorized to conduct pari
3128 mutuel wagering activities pursuant to such permitholder’s valid
3129 pari-mutuel permit or as otherwise authorized by law. Cardroom
3130 operations may not be allowed beyond the hours provided in
3131 paragraph (b) regardless of the number of cardroom licenses
3132 issued for permitholders operating at the pari-mutuel facility.
3133 (b) Any cardroom operator may operate a cardroom at the
3134 pari-mutuel facility daily throughout the year, if the
3135 permitholder meets the requirements under paragraph (5)(b). The
3136 cardroom may be open a cumulative amount of 18 hours per day on
3137 Monday through Friday and 24 hours per day on Saturday and
3138 Sunday and on the holidays specified in s. 110.117(1).
3139 (c) For authorized games of poker or dominoes at a
3140 cardroom, a cardroom operator must at all times employ and
3141 provide a nonplaying live dealer at for each table on which the
3142 authorized card games which traditionally use a dealer are
3143 conducted at the cardroom. Such dealers may not have a
3144 participatory interest in any game other than the dealing of
3145 cards and may not have an interest in the outcome of the game.
3146 The providing of such dealers by a licensee does not constitute
3147 the conducting of a banking game by the cardroom operator.
3148 (f) The cardroom facility is subject to inspection by the
3149 department division or any law enforcement agency during the
3150 licensee’s regular business hours. The inspection must
3151 specifically include the permitholder internal control
3152 procedures approved by the department division.
3153 (8) METHOD OF WAGERS; LIMITATION.—
3154 (a) No Wagering may not be conducted using money or other
3155 negotiable currency. Games may only be played utilizing a
3156 wagering system whereby all players’ money is first converted by
3157 the house to tokens or chips that may which shall be used for
3158 wagering only at that specific cardroom.
3159 (b) For authorized games of poker or dominoes, the cardroom
3160 operator may limit the amount wagered in any game or series of
3161 games.
3162 (c) A tournament shall consist of a series of games. The
3163 entry fee for a tournament may be set by the cardroom operator.
3164 Tournaments may be played only with tournament chips that are
3165 provided to all participants in exchange for an entry fee and
3166 any subsequent re-buys. All players must receive an equal number
3167 of tournament chips for their entry fee. Tournament chips have
3168 no cash value and represent tournament points only. There is no
3169 limitation on the number of tournament chips that may be used
3170 for a bet except as otherwise determined by the cardroom
3171 operator. Tournament chips may never be redeemed for cash or for
3172 any other thing of value. The distribution of prizes and cash
3173 awards must be determined by the cardroom operator before entry
3174 fees are accepted. For purposes of tournament play only, the
3175 term “gross receipts” means the total amount received by the
3176 cardroom operator for all entry fees, player re-buys, and fees
3177 for participating in the tournament less the total amount paid
3178 to the winners or others as prizes.
3179 (9) DESIGNATED PLAYER GAMES AUTHORIZED.—
3180 (a) A cardroom operator that does not possess slot machines
3181 or a slot machine license may offer designated player games
3182 consisting of players making wagers against another player. The
3183 maximum wager in such games may not exceed $25.
3184 (b) The designated player must occupy a playing position at
3185 the table and may not be required to cover all wagers or cover
3186 more than 10 times the minimum posted wager for players seated
3187 during a single game.
3188 (c) Each seated player shall be afforded the temporary
3189 opportunity to be the designated player to wager against
3190 multiple players at the same table, provided that this position
3191 is rotated among the other seated players in the game. The
3192 opportunity to be a designated player must be offered to each
3193 player, in a clockwise rotation, after each hand. The
3194 opportunity to be the designated player may be declined by a
3195 player. A player participating as a designated player for 30
3196 consecutive hands must subsequently play as a nondesignated
3197 player for at least 2 hands before he or she may resume as the
3198 designated player.
3199 (d) The cardroom operator may not serve as a designated
3200 player in any game. The cardroom operator may not have any
3201 direct or indirect financial or pecuniary interest in a
3202 designated player in any game.
3203 (e) A designated player may only wager personal funds or
3204 funds from a sole proprietorship. A designated player may not be
3205 directly or indirectly financed or controlled by another party.
3206 A designated player shall operate independently.
3207 (f) Designated player games offered by a cardroom operator
3208 may not make up more than 25 percent of the total authorized
3209 game tables at the cardroom.
3210 (g) Licensed pari-mutuel facilities that offer slot machine
3211 gaming or video race terminals may not offer designated player
3212 games.
3213 (h) The department may only approve cardroom operators to
3214 conduct designated player games only if such games would not
3215 trigger a reduction in revenue-sharing payments under the Gaming
3216 Compact between the Seminole Tribe of Florida and the State of
3217 Florida.
3218 (11)(10) FEE FOR PARTICIPATION.—The cardroom operator may
3219 charge a fee for the right to participate in poker or dominoes
3220 games conducted at the cardroom. Such fee may be either a flat
3221 fee or hourly rate for the use of a seat at a table or a rake
3222 subject to the posted maximum amount but may not be based on the
3223 amount won by players. The rake-off, if any, must be made in an
3224 obvious manner and placed in a designated rake area which is
3225 clearly visible to all players. Notice of the amount of the
3226 participation fee charged shall be posted in a conspicuous place
3227 in the cardroom and at each table at all times.
3228 (12)(11) RECORDS AND REPORTS.—
3229 (a) Each licensee operating a cardroom shall keep and
3230 maintain permanent daily records of its cardroom operation and
3231 shall maintain such records for a period of not less than 3
3232 years. These records shall include all financial transactions
3233 and contain sufficient detail to determine compliance with the
3234 requirements of this section. All records shall be available for
3235 audit and inspection by the department division or other law
3236 enforcement agencies during the licensee’s regular business
3237 hours. The information required in such records shall be
3238 determined by department division rule.
3239 (b) Each licensee operating a cardroom shall file with the
3240 department division a report containing the required records of
3241 such cardroom operation. Such report shall be filed monthly by
3242 licensees. The required reports shall be submitted on forms
3243 prescribed by the department division and shall be due at the
3244 same time as the monthly pari-mutuel reports are due to the
3245 department. division, and Such reports shall contain any
3246 additional information deemed necessary by the department
3247 division, and the reports shall be deemed public records once
3248 filed.
3249 (13)(12) PROHIBITED ACTIVITIES.—
3250 (a) A No person licensed to operate a cardroom may not
3251 conduct any banking game or any game not specifically authorized
3252 by this section.
3253 (b) A No person under 18 years of age may not be allowed
3254 permitted to hold a cardroom or employee license, or to engage
3255 in any game conducted in the cardroom therein.
3256 (c) With the exception of mechanical card shufflers, No
3257 electronic or mechanical devices, except mechanical card
3258 shufflers, may not be used to conduct any authorized game in a
3259 cardroom.
3260 (d) No Cards, game components, or game implements may not
3261 be used in playing an authorized game unless such have has been
3262 furnished or provided to the players by the cardroom operator.
3263 (14)(13) TAXES AND OTHER PAYMENTS.—
3264 (a) Each cardroom operator shall pay a tax to the state of
3265 10 percent of the cardroom operation’s monthly gross receipts.
3266 (b) An admission tax equal to 15 percent of the admission
3267 charge for entrance to the licensee’s cardroom facility, or 10
3268 cents, whichever is greater, is imposed on each person entering
3269 the cardroom. This admission tax applies shall apply only if a
3270 separate admission fee is charged for entry to the cardroom
3271 facility. If a single admission fee is charged which authorizes
3272 entry to both or either the pari-mutuel facility and the
3273 cardroom facility, the admission tax shall be payable only once
3274 and shall be payable pursuant to chapter 550. The cardroom
3275 licensee is shall be responsible for collecting the admission
3276 tax. An admission tax is imposed on any free passes or
3277 complimentary cards issued to guests by licensees in an amount
3278 equal to the tax imposed on the regular and usual admission
3279 charge for entrance to the licensee’s cardroom facility. A
3280 cardroom licensee may issue tax-free passes to its officers,
3281 officials, and employees or other persons actually engaged in
3282 working at the cardroom, including accredited press
3283 representatives such as reporters and editors, and may also
3284 issue tax-free passes to other cardroom licensees for the use of
3285 their officers and officials. The licensee shall file with the
3286 department division a list of all persons to whom tax-free
3287 passes are issued.
3288 (c) Payment of the admission tax and gross receipts tax
3289 imposed by this section shall be made paid to the department
3290 division. The department division shall deposit these sums with
3291 the Chief Financial Officer, one-half being credited to the
3292 Pari-mutuel Wagering Trust Fund and one-half being credited to
3293 the General Revenue Fund. The cardroom licensee shall remit to
3294 the department division payment for the admission tax, the gross
3295 receipts tax, and the licensee fees. Such payments shall be
3296 remitted to the department division on the fifth day of each
3297 calendar month for taxes and fees imposed for the preceding
3298 month’s cardroom activities. Licensees shall file a report under
3299 oath by the fifth day of each calendar month for all taxes
3300 remitted during the preceding calendar month. Such report shall,
3301 under oath, indicate the total of all admissions, the cardroom
3302 activities for the preceding calendar month, and such other
3303 information as may be prescribed by the department division.
3304 (d)1. Each greyhound racing permitholder conducting live
3305 racing and jai alai permitholder that operates a cardroom
3306 facility shall use at least 4 percent of such permitholder’s
3307 cardroom monthly gross receipts to supplement greyhound purses
3308 or jai alai prize money, respectively, during the permitholder’s
3309 current or next ensuing pari-mutuel meet.
3310 2. Each thoroughbred and harness horse racing permitholder
3311 that operates a cardroom facility shall use at least 50 percent
3312 of such permitholder’s cardroom monthly net proceeds as follows:
3313 47 percent to supplement purses and 3 percent to supplement
3314 breeders’ awards during the permitholder’s next ensuing racing
3315 meet.
3316 3. Each harness horse racing permitholder that operates a
3317 cardroom facility shall use at least 50 percent of such
3318 permitholder’s cardroom monthly net proceeds as follows: 47
3319 percent to supplement purses and 3 percent to supplement
3320 breeders’ awards during the permitholder’s next ensuing racing
3321 meet if the permitholder offers live races or games.
3322 4.3. No cardroom license or renewal thereof shall be issued
3323 to an applicant holding a permit under chapter 550 to conduct
3324 pari-mutuel wagering meets of quarter horse racing unless the
3325 applicant has on file with the department division a binding
3326 written agreement between the applicant and the Florida Quarter
3327 Horse Racing Association or the association representing a
3328 majority of the horse owners and trainers at the applicant’s
3329 eligible facility, governing the payment of purses on live
3330 quarter horse races conducted at the licensee’s pari-mutuel
3331 facility. The agreement governing purses may direct the payment
3332 of such purses from revenues generated by any wagering or gaming
3333 the applicant is authorized to conduct under Florida law. All
3334 purses shall be subject to the terms of chapter 550.
3335 (e) The failure of any licensee to make payments as
3336 prescribed in paragraph (c) is a violation of this section, and
3337 the licensee may be subjected by the department division to a
3338 civil penalty of up to $1,000 for each day the tax payment is
3339 not remitted. All penalties imposed and collected shall be
3340 deposited in the General Revenue Fund. If a licensee fails to
3341 pay penalties imposed by order of the department division under
3342 this subsection, the department division may suspend or revoke
3343 the license of the cardroom operator or deny issuance of any
3344 further license to the cardroom operator.
3345 (f) The cardroom shall be deemed an accessory use to a
3346 licensed pari-mutuel operation and, except as provided in
3347 chapter 550, a municipality, county, or political subdivision
3348 may not assess or collect any additional license tax, sales tax,
3349 or excise tax on such cardroom operation.
3350 (g) All of the moneys deposited in the Pari-mutuel Wagering
3351 Trust Fund, except as set forth in paragraph (h), shall be
3352 utilized and distributed in the manner specified in s.
3353 550.135(1) and (2). However, cardroom tax revenues shall be kept
3354 separate from pari-mutuel tax revenues and may shall not be used
3355 for making the disbursement to counties provided in former s.
3356 550.135(1).
3357 (h) One-quarter of the moneys deposited into the Pari
3358 mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
3359 October 1 of each year, be distributed to the local government
3360 that approved the cardroom under subsection (17) (16); however,
3361 if two or more pari-mutuel racetracks are located within the
3362 same incorporated municipality, the cardroom funds shall be
3363 distributed to the municipality. If a pari-mutuel facility is
3364 situated in such a manner that it is located in more than one
3365 county, the site of the cardroom facility shall determine the
3366 location for purposes of disbursement of tax revenues under this
3367 paragraph. The department division shall, by September 1 of each
3368 year, determine: the amount of taxes deposited into the Pari
3369 mutuel Wagering Trust Fund pursuant to this section from each
3370 cardroom licensee; the location by county of each cardroom;
3371 whether the cardroom is located in the unincorporated area of
3372 the county or within an incorporated municipality; and, the
3373 total amount to be distributed to each eligible county and
3374 municipality.
3375 (15)(14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE;
3376 FINE.—
3377 (a) The department division may deny a license or the
3378 renewal thereof, or may suspend or revoke any license, when the
3379 applicant has: violated or failed to comply with the provisions
3380 of this section or any rules adopted pursuant thereto; knowingly
3381 caused, aided, abetted, or conspired with another to cause any
3382 person to violate this section or any rules adopted pursuant
3383 thereto; or obtained a license or permit by fraud,
3384 misrepresentation, or concealment; or if the holder of such
3385 license or permit is no longer eligible under this section.
3386 (b) If a pari-mutuel permitholder’s pari-mutuel permit or
3387 license is suspended or revoked by the department division
3388 pursuant to chapter 550, the department division may, but is not
3389 required to, suspend or revoke such permitholder’s cardroom
3390 license. If a cardroom operator’s license is suspended or
3391 revoked pursuant to this section, the department division may,
3392 but is not required to, suspend or revoke such licensee’s pari
3393 mutuel permit or license.
3394 (c) Notwithstanding any other provision of this section,
3395 the department division may impose an administrative fine not to
3396 exceed $1,000 for each violation against any person who has
3397 violated or failed to comply with the provisions of this section
3398 or any rules adopted pursuant thereto.
3399 (16)(15) CRIMINAL PENALTY; INJUNCTION.—
3400 (b) The department division, any state attorney, the
3401 statewide prosecutor, or the Attorney General may apply for a
3402 temporary or permanent injunction restraining further violation
3403 of this section, and such injunction shall issue without bond.
3404 (17)(16) LOCAL GOVERNMENT APPROVAL.—The department may
3405 Division of Pari-mutuel Wagering shall not issue any initial
3406 license under this section except upon proof in such form as the
3407 department division may prescribe that the local government
3408 where the applicant for such license desires to conduct cardroom
3409 gaming has voted to approve such activity by a majority vote of
3410 the governing body of the municipality or the governing body of
3411 the county if the facility is not located in a municipality.
3412 (18)(17) CHANGE OF LOCATION; REFERENDUM.—
3413 (a) Notwithstanding any provisions of this section, a no
3414 cardroom gaming license issued under this section may not shall
3415 be transferred, or reissued when such reissuance is in the
3416 nature of a transfer, so as to permit or authorize a licensee to
3417 change the location of the cardroom except upon proof in such
3418 form as the division may prescribe that a referendum election
3419 has been held:
3420 1. If the proposed new location is within the same county
3421 as the already licensed location, in the county where the
3422 licensee desires to conduct cardroom gaming and that a majority
3423 of the electors voting on the question in such election voted in
3424 favor of the transfer of such license. However, the division
3425 shall transfer, without requirement of a referendum election,
3426 the cardroom license of any permitholder that relocated its
3427 permit pursuant to s. 550.0555.
3428 2. If the proposed new location is not within the same
3429 county as the already licensed location, in the county where the
3430 licensee desires to conduct cardroom gaming and that a majority
3431 of the electors voting on that question in each such election
3432 voted in favor of the transfer of such license.
3433 (b) The expense of each referendum held under the
3434 provisions of this subsection shall be borne by the licensee
3435 requesting the transfer.
3436 Section 39. The Department of Gaming shall revoke any
3437 permit to conduct pari-mutuel wagering if a permitholder has not
3438 conducted live events within the 24 months preceding the
3439 effective date of this act, unless the permit was issued under
3440 s. 550.3345, Florida Statutes. A permit revoked under this
3441 section may not be reissued.
3442 Section 40. Paragraph (f) of subsection (1) and subsection
3443 (7) of section 285.710, Florida Statutes, are amended to read:
3444 285.710 Compact authorization.—
3445 (1) As used in this section, the term:
3446 (f) “State compliance agency” means the Division of Pari
3447 mutuel Wagering of the Department of Gaming, Business and
3448 Professional Regulation which is designated as the state agency
3449 having the authority to carry out the state’s oversight
3450 responsibilities under the compact.
3451 (7) The Division of Pari-mutuel Wagering of the Department
3452 of Gaming Business and Professional Regulation is designated as
3453 the state compliance agency having the authority to carry out
3454 the state’s oversight responsibilities under the compact
3455 authorized by this section.
3456 Section 41. Section 550.0115, Florida Statutes, is amended
3457 to read:
3458 550.0115 Permitholder license.—After a permit has been
3459 issued by the department division, and after the permit has been
3460 approved by election, the department division shall issue to the
3461 permitholder an annual license to conduct pari-mutuel operations
3462 at the location specified in the permit pursuant to the
3463 provisions of this chapter.
3464 Section 42. Section 550.0235, Florida Statutes, is amended
3465 to read:
3466 550.0235 Limitation of civil liability.—A No permittee
3467 conducting a racing meet pursuant to the provisions of this
3468 chapter; a department no division director or an employee of the
3469 department division; or a and no steward, a judge, or another
3470 other person appointed to act pursuant to this chapter is not
3471 shall be held liable to any person, partnership, association,
3472 corporation, or other business entity for any cause whatsoever
3473 arising out of, or from, the performance by such permittee,
3474 director, employee, steward, judge, or other person of her or
3475 his duties and the exercise of her or his discretion with
3476 respect to the implementation and enforcement of the statutes
3477 and rules governing the conduct of pari-mutuel wagering, so long
3478 as she or he acted in good faith. This section does shall not
3479 limit liability in any situation in which the negligent
3480 maintenance of the premises or the negligent conduct of a race
3481 contributed to an accident and does not; nor shall it limit any
3482 contractual liability.
3483 Section 43. Section 550.0351, Florida Statutes, is amended
3484 to read:
3485 550.0351 Charity racing days.—
3486 (1) The department division shall, upon the request of a
3487 permitholder, authorize each horseracing permitholder, dogracing
3488 permitholder, and jai alai permitholder up to five charity or
3489 scholarship days in addition to the regular racing days
3490 authorized by law.
3491 (2) The proceeds of charity performances shall be paid to
3492 qualified beneficiaries selected by the permitholders from an
3493 authorized list of charities on file with the department
3494 division. Eligible charities include any charity that provides
3495 evidence of compliance with the provisions of chapter 496 and
3496 evidence of possession of a valid exemption from federal
3497 taxation issued by the Internal Revenue Service. In addition,
3498 the authorized list must include the Racing Scholarship Trust
3499 Fund, the Historical Resources Operating Trust Fund, major state
3500 and private institutions of higher learning, and Florida
3501 community colleges.
3502 (3) The permitholder shall, within 120 days after the
3503 conclusion of its fiscal year, pay to the authorized charities
3504 the total of all profits derived from the operation of the
3505 charity day performances conducted. If charity days are operated
3506 on behalf of another permitholder pursuant to law, the
3507 permitholder entitled to distribute the proceeds shall
3508 distribute the proceeds to charity within 30 days after the
3509 actual receipt of the proceeds.
3510 (4) The total of all profits derived from the conduct of a
3511 charity day performance must include all revenues derived from
3512 the conduct of that racing performance, including all state
3513 taxes that would otherwise be due to the state, except that the
3514 daily license fee as provided in s. 550.0951(1) and the breaks
3515 for the promotional trust funds as provided in s. 550.2625(3),
3516 (4), (5), (7), and (8) shall be paid to the department division.
3517 All other revenues from the charity racing performance,
3518 including the commissions, breaks, and admissions and the
3519 revenues from parking, programs, and concessions, shall be
3520 included in the total of all profits.
3521 (5) In determining profit, the permitholder may elect to
3522 distribute as proceeds only the amount equal to the state tax
3523 that would otherwise be paid to the state if the charity day
3524 were conducted as a regular or matinee performance.
3525 (6)(a) The department division shall authorize one
3526 additional scholarship day for horseracing in addition to the
3527 regular racing days authorized by law and any additional days
3528 authorized by this section, to be conducted at all horse
3529 racetracks located in Hillsborough County. The permitholder
3530 shall conduct a full schedule of racing on the scholarship day.
3531 (b) The funds derived from the operation of the additional
3532 scholarship day shall be allocated as provided in this section
3533 and paid to Pasco-Hernando Community College.
3534 (c) When a charity or scholarship performance is conducted
3535 as a matinee performance, the department division may authorize
3536 the permitholder to conduct the evening performances of that
3537 operation day as a regular performance in addition to the
3538 regular operating days authorized by law.
3539 (7) In addition to the charity days authorized by this
3540 section, any dogracing permitholder may allow its facility to be
3541 used for conducting “hound dog derbies” or “mutt derbies” on any
3542 day during each racing season by any charitable, civic, or
3543 nonprofit organization for the purpose of conducting “hound dog
3544 derbies” or “mutt derbies” if only dogs other than those usually
3545 used in dogracing (greyhounds) are permitted to race and if
3546 adults and minors are allowed to participate as dog owners or
3547 spectators. During these racing events, betting, gambling, and
3548 the sale or use of alcoholic beverages is prohibited.
3549 (8) In addition to the eligible charities that meet the
3550 criteria set forth in this section, a jai alai permitholder is
3551 authorized to conduct two additional charity performances each
3552 fiscal year for a fund to benefit retired jai alai players. This
3553 performance shall be known as the “Retired Jai Alai Players
3554 Charity Day.” The administration of this fund shall be
3555 determined by rule by the department division.
3556 Section 44. Section 550.0651, Florida Statutes, is amended
3557 to read:
3558 550.0651 Elections for ratification of permits.—
3559 (1) The holder of any permit may have submitted to the
3560 electors of the county designated therein the question whether
3561 or not such permit will be ratified or rejected. Such questions
3562 shall be submitted to the electors for approval or rejection at
3563 a special election to be called for that purpose only. The board
3564 of county commissioners of the county designated, upon the
3565 presentation to such board at a regular or special meeting of a
3566 written application, accompanied by a certified copy of the
3567 permit granted by the department division, and asking for an
3568 election in the county in which the application was made, shall
3569 order a special election in the county for the particular
3570 purpose of deciding whether such permit shall be approved and
3571 license issued and race meetings permitted in such county by
3572 such permittee and shall cause the clerk of such board to give
3573 notice of the special election by publishing the same once each
3574 week for 2 consecutive weeks in one or more newspapers of
3575 general circulation in the county. Each permit covering each
3576 track must be voted upon separately and in separate elections,
3577 and an election may not be called more often than once every 2
3578 years for the ratification of any permit covering the same
3579 track.
3580 (2) All elections ordered under this chapter must be held
3581 within 90 days and not less than 21 days after the time of
3582 presenting such application to the board of county
3583 commissioners, and the inspectors of election shall be appointed
3584 and qualified as in cases of general elections, and they shall
3585 count the votes cast and make due returns of same to the board
3586 of county commissioners without delay. The board of county
3587 commissioners shall canvass the returns, declare the results,
3588 and cause the same to be recorded as provided in the general law
3589 concerning elections so far as applicable.
3590 (3) When a permit has been granted by the department
3591 division and no application to the board of county commissioners
3592 has been made by the permittee within 6 months after the
3593 granting of the permit, the permit becomes void. The department
3594 division shall cancel the permit without notice to the
3595 permitholder, and the board of county commissioners holding the
3596 deposit for the election shall refund the deposit to the
3597 permitholder upon being notified by the department division that
3598 the permit has become void and has been canceled.
3599 (4) All electors duly registered and qualified to vote at
3600 the last preceding general election held in such county are
3601 qualified electors for such election, and in addition thereto
3602 the registration books for such county shall be opened on the
3603 10th day (if the 10th day is a Sunday or a holiday, then on the
3604 next day not a Sunday or holiday) after such election is ordered
3605 and called and must remain open for a period of 10 days for
3606 additional registrations of persons qualified for registration
3607 but not already registered. Electors for such special election
3608 have the same qualifications for and prerequisites to voting in
3609 elections as under the general election laws.
3610 (5) If at any such special election the majority of the
3611 electors voting on the question of ratification or rejection of
3612 any permit vote against such ratification, such permit is void.
3613 If a majority of the electors voting on the question of
3614 ratification or rejection of any permit vote for such
3615 ratification, such permit becomes effectual and the holder
3616 thereof may conduct racing upon complying with the other
3617 provisions of this chapter. The board of county commissioners
3618 shall immediately certify the results of the election to the
3619 department division.
3620 Section 45. Section 550.105, Florida Statutes, is amended
3621 to read:
3622 550.105 Occupational licenses of racetrack employees; fees;
3623 denial, suspension, and revocation of license; penalties and
3624 fines.—
3625 (1) Each person connected with a racetrack or jai alai
3626 fronton, as specified in paragraph (2)(a), shall purchase from
3627 the department division an occupational license. All moneys
3628 collected pursuant to this section each fiscal year shall be
3629 deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
3630 the rules adopted by the department division, an occupational
3631 license may be valid for a period of up to 3 years for a fee
3632 that does not exceed the full occupational license fee for each
3633 of the years for which the license is purchased. The
3634 occupational license shall be valid during its specified term at
3635 any pari-mutuel facility.
3636 (2)(a) The following licenses shall be issued to persons or
3637 entities with access to the backside, racing animals, jai alai
3638 players’ room, jockeys’ room, drivers’ room, totalisator room,
3639 the mutuels, or money room, or to persons who, by virtue of the
3640 position they hold, might be granted access to these areas or to
3641 any other person or entity in one of the following categories
3642 and with fees not to exceed the following amounts for any 12
3643 month period:
3644 1. Business licenses: any business such as a vendor,
3645 contractual concessionaire, contract kennel, business owning
3646 racing animals, trust or estate, totalisator company, stable
3647 name, or other fictitious name: $50.
3648 2. Professional occupational licenses: professional persons
3649 with access to the backside of a racetrack or players’ quarters
3650 in jai alai such as trainers, officials, veterinarians, doctors,
3651 nurses, emergency medical technicians EMT’s, jockeys and
3652 apprentices, drivers, jai alai players, owners, trustees, or any
3653 management or officer or director or shareholder or any other
3654 professional-level person who might have access to the jockeys’
3655 room, the drivers’ room, the backside, racing animals, kennel
3656 compound, or managers or supervisors requiring access to mutuels
3657 machines, the money room, or totalisator equipment: $40.
3658 3. General occupational licenses: general employees with
3659 access to the jockeys’ room, the drivers’ room, racing animals,
3660 the backside of a racetrack or players’ quarters in jai alai,
3661 such as grooms, kennel helpers, leadouts, pelota makers, cesta
3662 makers, or ball boys, or a practitioner of any other occupation
3663 who would have access to the animals, the backside, or the
3664 kennel compound, or who would provide the security or
3665 maintenance of these areas, or mutuel employees, totalisator
3666 employees, money-room employees, or any employee with access to
3667 mutuels machines, the money room, or totalisator equipment or
3668 who would provide the security or maintenance of these areas:
3669 $10.
3670
3671 The individuals and entities that are licensed under this
3672 paragraph require heightened state scrutiny, including the
3673 submission by the individual licensees or persons associated
3674 with the entities described in this chapter of fingerprints for
3675 a Federal Bureau of Investigation criminal records check.
3676 (b) The department division shall adopt rules pertaining to
3677 pari-mutuel occupational licenses, licensing periods, and
3678 renewal cycles.
3679 (3) Certified public accountants and attorneys licensed to
3680 practice in this state are shall not be required to hold an
3681 occupational license under this section while providing
3682 accounting or legal services to a permitholder if the certified
3683 public accountant’s or attorney’s primary place of employment is
3684 not on the permitholder premises.
3685 (4) It is unlawful to take part in or officiate in any way
3686 at any pari-mutuel facility without first having secured a
3687 license and paid the occupational license fee.
3688 (5)(a) The department division may:
3689 1. Deny a license to or revoke, suspend, or place
3690 conditions upon or restrictions on a license of any person who
3691 has been refused a license by any other state racing commission
3692 or racing authority;
3693 2. Deny, suspend, or place conditions on a license of any
3694 person who is under suspension or has unpaid fines in another
3695 jurisdiction;
3696
3697 if the state racing commission or racing authority of such other
3698 state or jurisdiction extends to the department division
3699 reciprocal courtesy to maintain the disciplinary control.
3700 (b) The department division may deny, suspend, revoke, or
3701 declare ineligible any occupational license if the applicant for
3702 or holder thereof has violated the provisions of this chapter or
3703 the rules of the department division governing the conduct of
3704 persons connected with racetracks and frontons. In addition, the
3705 department division may deny, suspend, revoke, or declare
3706 ineligible any occupational license if the applicant for such
3707 license has been convicted in this state, in any other state, or
3708 under the laws of the United States of a capital felony, a
3709 felony, or an offense in any other state which would be a felony
3710 under the laws of this state involving arson; trafficking in,
3711 conspiracy to traffic in, smuggling, importing, conspiracy to
3712 smuggle or import, or delivery, sale, or distribution of a
3713 controlled substance; or a crime involving a lack of good moral
3714 character, or has had a pari-mutuel license revoked by this
3715 state or any other jurisdiction for an offense related to pari
3716 mutuel wagering.
3717 (c) The department division may deny, declare ineligible,
3718 or revoke any occupational license if the applicant for such
3719 license has been convicted of a felony or misdemeanor in this
3720 state, in any other state, or under the laws of the United
3721 States, if such felony or misdemeanor is related to gambling or
3722 bookmaking, as contemplated in s. 849.25, or involves cruelty to
3723 animals. If the applicant establishes that she or he is of good
3724 moral character, that she or he has been rehabilitated, and that
3725 the crime she or he was convicted of is not related to pari
3726 mutuel wagering and is not a capital offense, the restrictions
3727 excluding offenders may be waived by the executive director of
3728 the department division.
3729 (d) For purposes of this subsection, the term “convicted”
3730 means having been found guilty, with or without adjudication of
3731 guilt, as a result of a jury verdict, nonjury trial, or entry of
3732 a plea of guilty or nolo contendere. However, the term
3733 “conviction” may shall not be applied to a crime committed prior
3734 to the effective date of this subsection in a manner that would
3735 invalidate any occupational license issued prior to the
3736 effective date of this subsection or subsequent renewal for any
3737 person holding such a license.
3738 (e) If an occupational license will expire by department
3739 division rule during the period of a suspension the department
3740 division intends to impose, or if a license would have expired
3741 but for pending administrative charges and the occupational
3742 licensee is found to be in violation of any of the charges, the
3743 license may be revoked and a time period of license
3744 ineligibility may be declared. The department division may bring
3745 administrative charges against any person not holding a current
3746 license for violations of statutes or rules which occurred while
3747 such person held an occupational license, and the department
3748 division may declare such person ineligible to hold a license
3749 for a period of time. The department division may impose a civil
3750 fine of up to $1,000 for each violation of the rules of the
3751 department division in addition to or in lieu of any other
3752 penalty provided for in this section. In addition to any other
3753 penalty provided by law, the department division may exclude
3754 from all pari-mutuel facilities in this state, for a period not
3755 to exceed the period of suspension, revocation, or
3756 ineligibility, any person whose occupational license application
3757 has been denied by the department division, who has been
3758 declared ineligible to hold an occupational license, or whose
3759 occupational license has been suspended or revoked by the
3760 department division.
3761 (f) The department division may cancel any occupational
3762 license that has been voluntarily relinquished by the licensee.
3763 (6) In order to promote the orderly presentation of pari
3764 mutuel meets authorized in this chapter, the department division
3765 may issue a temporary occupational license. The department
3766 division shall adopt rules to implement this subsection.
3767 However, no temporary occupational license shall be valid for
3768 more than 90 days, and no more than one temporary license may be
3769 issued for any person in any year.
3770 (7) The department division may deny, revoke, or suspend
3771 any occupational license if the applicant therefor or holder
3772 thereof accumulates unpaid obligations or defaults in
3773 obligations, or issues drafts or checks that are dishonored or
3774 for which payment is refused without reasonable cause, if such
3775 unpaid obligations, defaults, or dishonored or refused drafts or
3776 checks directly relate to the sport of jai alai or racing being
3777 conducted at a pari-mutuel facility within this state.
3778 (8) The department division may fine, or suspend or revoke,
3779 or place conditions upon, the license of any licensee who under
3780 oath knowingly provides false information regarding an
3781 investigation by the department division.
3782 (9) The tax imposed by this section is in lieu of all
3783 license, excise, or occupational taxes to the state or any
3784 county, municipality, or other political subdivision, except
3785 that, if a race meeting or game is held or conducted in a
3786 municipality, the municipality may assess and collect an
3787 additional tax against any person conducting live racing or
3788 games within its corporate limits, which tax may not exceed $150
3789 per day for horseracing or $50 per day for dogracing or jai
3790 alai. Except as provided in this chapter, a municipality may not
3791 assess or collect any additional excise or revenue tax against
3792 any person conducting race meetings within the corporate limits
3793 of the municipality or against any patron of any such person.
3794 (10)(a) Upon application for an occupational license, the
3795 department division may require the applicant’s full legal name;
3796 any nickname, alias, or maiden name for the applicant; name of
3797 the applicant’s spouse; the applicant’s date of birth, residence
3798 address, mailing address, residence address and business phone
3799 number, and social security number; disclosure of any felony or
3800 any conviction involving bookmaking, illegal gambling, or
3801 cruelty to animals; disclosure of any past or present
3802 enforcement or actions by any racing or gaming agency against
3803 the applicant; and any information the department division
3804 determines is necessary to establish the identity of the
3805 applicant or to establish that the applicant is of good moral
3806 character. Fingerprints shall be taken in a manner approved by
3807 the department division and then shall be submitted to the
3808 Federal Bureau of Investigation, or to the association of state
3809 officials regulating pari-mutuel wagering pursuant to the
3810 Federal Pari-mutuel Licensing Simplification Act of 1988. The
3811 cost of processing fingerprints shall be borne by the applicant
3812 and paid to the association of state officials regulating pari
3813 mutuel wagering from the trust fund to which the processing fees
3814 are deposited. The department division, by rule, may require
3815 additional information from licensees which is reasonably
3816 necessary to regulate the industry. The department division may,
3817 by rule, exempt certain occupations or groups of persons from
3818 the fingerprinting requirements.
3819 (b) All fingerprints required by this section which that
3820 are submitted to the Department of Law Enforcement shall be
3821 retained by the Department of Law Enforcement and entered into
3822 the statewide automated biometric identification system as
3823 authorized by s. 943.05(2)(b) and shall be available for all
3824 purposes and uses authorized for arrest fingerprints entered
3825 into the statewide automated biometric identification system
3826 pursuant to s. 943.051.
3827 (c) The Department of Law Enforcement shall search all
3828 arrest fingerprints received pursuant to s. 943.051 against the
3829 fingerprints retained in the statewide automated biometric
3830 identification system under paragraph (b). Any arrest record
3831 that is identified with the retained fingerprints of a person
3832 subject to the criminal history screening requirements of this
3833 section shall be reported to the department division. Each
3834 licensee shall pay a fee to the department division for the cost
3835 of retention of the fingerprints and the ongoing searches under
3836 this paragraph. The department division shall forward the
3837 payment to the Department of Law Enforcement. The amount of the
3838 fee to be imposed for performing these searches and the
3839 procedures for the retention of licensee fingerprints shall be
3840 as established by rule of the Department of Law Enforcement. The
3841 department division shall inform the Department of Law
3842 Enforcement of any change in the license status of licensees
3843 whose fingerprints are retained under paragraph (b).
3844 (d) The department division shall request the Department of
3845 Law Enforcement to forward the fingerprints to the Federal
3846 Bureau of Investigation for a national criminal history records
3847 check at least once every 5 years following issuance of a
3848 license. If the fingerprints of a person who is licensed have
3849 not been retained by the Department of Law Enforcement, the
3850 person must file a complete set of fingerprints as provided in
3851 paragraph (a). The department division shall collect the fees
3852 for the cost of the national criminal history records check
3853 under this paragraph and forward the payment to the Department
3854 of Law Enforcement. The cost of processing fingerprints and
3855 conducting a criminal history records check under this paragraph
3856 for a general occupational license shall be borne by the
3857 applicant. The cost of processing fingerprints and conducting a
3858 criminal history records check under this paragraph for a
3859 business or professional occupational license shall be borne by
3860 the person being checked. The Department of Law Enforcement may
3861 send an invoice to the department division for the fingerprints
3862 submitted each month. Under penalty of perjury, each person who
3863 is licensed or who is fingerprinted as required by this section
3864 must agree to inform the department division within 48 hours if
3865 he or she is convicted of or has entered a plea of guilty or
3866 nolo contendere to any disqualifying offense, regardless of
3867 adjudication.
3868 Section 46. Subsection (1) of section 550.1155, Florida
3869 Statutes, is amended to read:
3870 550.1155 Authority of stewards, judges, panel of judges, or
3871 player’s manager to impose penalties against occupational
3872 licensees; disposition of funds collected.—
3873 (1) The stewards at a horse racetrack; the judges at a dog
3874 track; or the judges, a panel of judges, or a player’s manager
3875 at a jai alai fronton may impose a civil penalty against any
3876 occupational licensee for violation of the pari-mutuel laws or
3877 any rule adopted by the department division. The penalty may not
3878 exceed $1,000 for each count or separate offense or exceed 60
3879 days of suspension for each count or separate offense.
3880 Section 47. Subsections (2) and (3) of section 550.125,
3881 Florida Statutes, are amended to read:
3882 550.125 Uniform reporting system; bond requirement.—
3883 (2)(a) Each permitholder that conducts race meetings or jai
3884 alai exhibitions under this chapter shall keep records that
3885 clearly show the total number of admissions and the total amount
3886 of money contributed to each pari-mutuel pool on each race or
3887 exhibition separately and the amount of money received daily
3888 from admission fees and, within 120 days after the end of its
3889 fiscal year, shall submit to the department division a complete
3890 annual report of its accounts, audited by a certified public
3891 accountant licensed to practice in the state.
3892 (b) The department division shall adopt rules specifying
3893 the form and content of such reports, including, but not limited
3894 to, requirements for a statement of assets and liabilities,
3895 operating revenues and expenses, and net worth, which statement
3896 must be audited by a certified public accountant licensed to
3897 practice in this state, and any supporting informational
3898 schedule found necessary by the department division to verify
3899 the foregoing financial statement, which informational schedule
3900 must be attested to under oath by the permitholder or an officer
3901 of record, to permit the department division to:
3902 1. Assess the profitability and financial soundness of
3903 permitholders, both individually and as an industry;
3904 2. Plan and recommend measures necessary to preserve and
3905 protect the pari-mutuel revenues of the state; and
3906 3. Completely identify the holdings, transactions, and
3907 investments of permitholders with other business entities.
3908 (c) The Auditor General and the Office of Program Policy
3909 Analysis and Government Accountability may, pursuant to their
3910 own authority or at the direction of the Legislative Auditing
3911 Committee, audit, examine, and check the books and records of
3912 any permitholder. These audit reports shall become part of, and
3913 be maintained in, the department division files.
3914 (d) The department division shall annually review the books
3915 and records of each permitholder and verify that the breaks and
3916 unclaimed ticket payments made by each permitholder are true and
3917 correct.
3918 (3)(a) Each permitholder to which a license is granted
3919 under this chapter, at its own cost and expense, must, before
3920 the license is delivered, give a bond in the penal sum of
3921 $50,000 payable to the Governor of the state and her or his
3922 successors in office, with a surety or sureties to be approved
3923 by the department division and the Chief Financial Officer,
3924 conditioned to faithfully make the payments to the Chief
3925 Financial Officer in her or his capacity as treasurer of the
3926 department division; to keep its books and records and make
3927 reports as provided; and to conduct its racing in conformity
3928 with this chapter. When the greatest amount of tax owed during
3929 any month in the prior state fiscal year, in which a full
3930 schedule of live racing was conducted, is less than $50,000, the
3931 department division may assess a bond in a sum less than
3932 $50,000. The department division may review the bond for
3933 adequacy and require adjustments each fiscal year. The
3934 department may division has the authority to adopt rules to
3935 implement this paragraph and establish guidelines for such
3936 bonds.
3937 (b) The provisions of this chapter concerning bonding do
3938 not apply to nonwagering licenses issued pursuant to s. 550.505.
3939 Section 48. Subsections (1) and (3) of section 550.135,
3940 Florida Statutes, are amended to read:
3941 550.135 Division of moneys derived under this law.—All
3942 moneys that are deposited with the Chief Financial Officer to
3943 the credit of the Pari-mutuel Wagering Trust Fund shall be
3944 distributed as follows:
3945 (1) The daily license fee revenues collected pursuant to s.
3946 550.0951(1) shall be used to fund the operating cost of the
3947 department division and to provide a proportionate share of the
3948 operation of the office of the secretary and the Division of
3949 Administration of the Department of Business and Professional
3950 Regulation; however, other collections in the Pari-mutuel
3951 Wagering Trust Fund may also be used to fund the operation of
3952 the department division in accordance with authorized
3953 appropriations.
3954 (3) The slot machine license fee, the slot machine
3955 occupational license fee, and the compulsive or addictive
3956 gambling prevention program fee collected pursuant to ss.
3957 551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
3958 direct and indirect operating expenses of the department’s
3959 division’s slot machine regulation operations and to provide
3960 funding for relevant enforcement activities in accordance with
3961 authorized appropriations. Funds deposited into the Pari-mutuel
3962 Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
3963 and 551.118 shall be reserved in the trust fund for slot machine
3964 regulation operations. On June 30, any unappropriated funds in
3965 excess of those necessary for incurred obligations and
3966 subsequent year cash flow for slot machine regulation operations
3967 shall be deposited with the Chief Financial Officer to the
3968 credit of the General Revenue Fund.
3969 Section 49. Subsection (1) of section 550.155, Florida
3970 Statutes, is amended to read:
3971 550.155 Pari-mutuel pool within track enclosure; takeouts;
3972 breaks; penalty for purchasing part of a pari-mutuel pool for or
3973 through another in specified circumstances.—
3974 (1) Wagering on the results of a horserace, dograce, or on
3975 the scores or points of a jai alai game and the sale of tickets
3976 or other evidences showing an interest in or a contribution to a
3977 pari-mutuel pool are allowed within the enclosure of any pari
3978 mutuel facility licensed and conducted under this chapter but
3979 are not allowed elsewhere in this state, must be supervised by
3980 the department division, and are subject to such reasonable
3981 rules that the department division prescribes.
3982 Section 50. Section 550.175, Florida Statutes, is amended
3983 to read:
3984 550.175 Petition for election to revoke permit.—Upon
3985 petition of 20 percent of the qualified electors of any county
3986 wherein any racing has been licensed and conducted under this
3987 chapter, the county commissioners of such county shall provide
3988 for the submission to the electors of such county at the then
3989 next succeeding general election the question of whether any
3990 permit or permits theretofore granted shall be continued or
3991 revoked, and if a majority of the electors voting on such
3992 question in such election vote to cancel or recall the permit
3993 theretofore given, the department division may not thereafter
3994 grant any license on the permit so recalled. Every signature
3995 upon every recall petition must be signed in the presence of the
3996 clerk of the board of county commissioners at the office of the
3997 clerk of the circuit court of the county, and the petitioner
3998 must present at the time of such signing her or his registration
3999 receipt showing the petitioner’s qualification as an elector of
4000 the county at the time of the signing of the petition. Not more
4001 than one permit may be included in any one petition; and, in all
4002 elections in which the recall of more than one permit is voted
4003 on, the voters shall be given an opportunity to vote for or
4004 against the recall of each permit separately. Nothing in This
4005 chapter does not shall be construed to prevent the holding of
4006 later referendum or recall elections.
4007 Section 51. Section 550.1815, Florida Statutes, is amended
4008 to read:
4009 550.1815 Certain persons prohibited from holding racing or
4010 jai alai permits; suspension and revocation.—
4011 (1) A corporation, general or limited partnership, sole
4012 proprietorship, business trust, joint venture, or unincorporated
4013 association, or other business entity may not hold any
4014 horseracing or dogracing permit or jai alai fronton permit in
4015 this state if any one of the persons or entities specified in
4016 paragraph (a) has been determined by the department division not
4017 to be of good moral character or has been convicted of any
4018 offense specified in paragraph (b).
4019 (a)1. The permitholder;
4020 2. An employee of the permitholder;
4021 3. The sole proprietor of the permitholder;
4022 4. A corporate officer or director of the permitholder;
4023 5. A general partner of the permitholder;
4024 6. A trustee of the permitholder;
4025 7. A member of an unincorporated association permitholder;
4026 8. A joint venturer of the permitholder;
4027 9. The owner of more than 5 percent of any equity interest
4028 in the permitholder, whether as a common shareholder, general or
4029 limited partner, voting trustee, or trust beneficiary; or
4030 10. An owner of any interest in the permit or permitholder,
4031 including any immediate family member of the owner, or holder of
4032 any debt, mortgage, contract, or concession from the
4033 permitholder, who by virtue thereof is able to control the
4034 business of the permitholder.
4035 (b)1. A felony in this state;
4036 2. Any felony in any other state which would be a felony if
4037 committed in this state under the laws of this state;
4038 3. Any felony under the laws of the United States;
4039 4. A felony under the laws of another state if related to
4040 gambling which would be a felony under the laws of this state if
4041 committed in this state; or
4042 5. Bookmaking as defined in s. 849.25.
4043 (2)(a) If the applicant for permit as specified under
4044 subsection (1) or a permitholder as specified in paragraph
4045 (1)(a) has received a full pardon or a restoration of civil
4046 rights with respect to the conviction specified in paragraph
4047 (1)(b), the conviction does not constitute an absolute bar to
4048 the issuance or renewal of a permit or a ground for the
4049 revocation or suspension of a permit.
4050 (b) A corporation that has been convicted of a felony is
4051 entitled to apply for and receive a restoration of its civil
4052 rights in the same manner and on the same grounds as an
4053 individual.
4054 (3) After notice and hearing, the department division shall
4055 refuse to issue or renew or shall suspend, as appropriate, any
4056 permit found in violation of subsection (1). The order shall
4057 become effective 120 days after service of the order upon the
4058 permitholder and shall be amended to constitute a final order of
4059 revocation unless the permitholder has, within that period of
4060 time, either caused the divestiture, or agreed with the
4061 convicted person upon a complete immediate divestiture, of her
4062 or his holding, or has petitioned the circuit court as provided
4063 in subsection (4) or, in the case of corporate officers or
4064 directors of the holder or employees of the holder, has
4065 terminated the relationship between the permitholder and those
4066 persons mentioned. The department division may, by order, extend
4067 the 120-day period for divestiture, upon good cause shown, to
4068 avoid interruption of any jai alai or race meeting or to
4069 otherwise effectuate this section. If no action has been taken
4070 by the permitholder within the 120-day period following the
4071 issuance of the order of suspension, the department division
4072 shall, without further notice or hearing, enter a final order of
4073 revocation of the permit. When any permitholder or sole
4074 proprietor of a permitholder is convicted of an offense
4075 specified in paragraph (1)(b), the department may approve a
4076 transfer of the permit to a qualified applicant, upon a finding
4077 that revocation of the permit would impair the state’s revenue
4078 from the operation of the permit or otherwise be detrimental to
4079 the interests of the state in the regulation of the industry of
4080 pari-mutuel wagering. In such approval, no public referendum is
4081 required, notwithstanding any other provision of law. A petition
4082 for transfer after conviction must be filed with the department
4083 within 30 days after service upon the permitholder of the final
4084 order of revocation. The timely filing of such a petition
4085 automatically stays any revocation order until further order of
4086 the department.
4087 (4) The circuit courts have jurisdiction to decide a
4088 petition brought by a holder of a pari-mutuel permit that shows
4089 that its permit is in jeopardy of suspension or revocation under
4090 subsection (3) and that it is unable to agree upon the terms of
4091 divestiture of interest with the person specified in
4092 subparagraphs (1)(a)3.-9. who has been convicted of an offense
4093 specified in paragraph (1)(b). The court shall determine the
4094 reasonable value of the interest of the convicted person and
4095 order a divestiture upon such terms and conditions as it finds
4096 just. In determining the value of the interest of the convicted
4097 person, the court may consider, among other matters, the value
4098 of the assets of the permitholder, its good will and value as a
4099 going concern, recent and expected future earnings, and other
4100 criteria usual and customary in the sale of like enterprises.
4101 (5) The department division shall adopt make such rules for
4102 the photographing, fingerprinting, and obtaining of personal
4103 data of individuals described in paragraph (1)(a) and the
4104 obtaining of such data regarding the business entities described
4105 in paragraph (1)(a) as is necessary to implement effectuate the
4106 provisions of this section.
4107 Section 52. Subsection (2), paragraph (c) of subsection
4108 (3), and subsections (4) and (6) of section 550.24055, Florida
4109 Statutes, are amended to read:
4110 550.24055 Use of controlled substances or alcohol
4111 prohibited; testing of certain occupational licensees; penalty;
4112 evidence of test or action taken and admissibility for criminal
4113 prosecution limited.—
4114 (2) The occupational licensees, by applying for and holding
4115 such licenses, are deemed to have given their consents to submit
4116 to an approved chemical test of their breath for the purpose of
4117 determining the alcoholic content of their blood and to a urine
4118 or blood test for the purpose of detecting the presence of
4119 controlled substances. Such tests shall only be conducted only
4120 upon reasonable cause that a violation has occurred as shall be
4121 determined solely by the stewards at a horseracing meeting or
4122 the judges or board of judges at a dogtrack or jai alai meet.
4123 The failure to submit to such test may result in a suspension of
4124 the person’s occupational license for a period of 10 days or
4125 until this section has been complied with, whichever is longer.
4126 (a) If there was at the time of the test 0.05 percent or
4127 less by weight of alcohol in the person’s blood, the person is
4128 presumed not to have been under the influence of alcoholic
4129 beverages to the extent that the person’s normal faculties were
4130 impaired, and no action of any sort may be taken by the
4131 stewards, judges, or board of judges or the department division.
4132 (b) If there was at the time of the test an excess of 0.05
4133 percent but less than 0.08 percent by weight of alcohol in the
4134 person’s blood, that fact does not give rise to any presumption
4135 that the person was or was not under the influence of alcoholic
4136 beverages to the extent that the person’s faculties were
4137 impaired, but the stewards, judges, or board of judges may
4138 consider that fact in determining whether or not the person will
4139 be allowed to officiate or participate in any given race or jai
4140 alai game.
4141 (c) If there was at the time of the test 0.08 percent or
4142 more by weight of alcohol in the person’s blood, that fact is
4143 prima facie evidence that the person was under the influence of
4144 alcoholic beverages to the extent that the person’s normal
4145 faculties were impaired, and the stewards or judges may take
4146 action as set forth in this section, but the person may not
4147 officiate at or participate in any race or jai alai game on the
4148 day of such test.
4149
4150 All tests relating to alcohol must be performed in a manner
4151 substantially similar, or identical, to the provisions of s.
4152 316.1934 and rules adopted pursuant to that section. Following a
4153 test of the urine or blood to determine the presence of a
4154 controlled substance as defined in chapter 893, if a controlled
4155 substance is found to exist, the stewards, judges, or board of
4156 judges may take such action as is permitted in this section.
4157 (3) A violation of subsection (2) is subject to the
4158 following penalties:
4159 (c) If the second violation occurred within 1 year after
4160 the first violation, then upon the finding of a third violation
4161 of this section within 1 year after the second violation, the
4162 stewards, judges, or board of judges may suspend the licensee
4163 for up to 120 days; and the stewards, judges, or board of judges
4164 shall forward the results of the tests under paragraphs (a) and
4165 (b) and this violation to the department division. In addition
4166 to the action taken by the stewards, judges, or board of judges,
4167 the department division, after a hearing, may deny, suspend, or
4168 revoke the occupational license of the licensee and may impose a
4169 civil penalty of up to $5,000 in addition to, or in lieu of, a
4170 suspension or revocation, it being the intent of the Legislature
4171 that the department division shall have no authority over the
4172 enforcement of this section until a licensee has committed the
4173 third violation within 2 years after the first violation.
4174 (4) Section 120.80(19) applies The provisions of s.
4175 120.80(4)(a) apply to all actions taken by the stewards, judges,
4176 or board of judges pursuant to this section without regard to
4177 the limitation contained therein.
4178 (6) Evidence of any test or actions taken by the stewards,
4179 judges, or board of judges or the department division under this
4180 section is inadmissible for any purpose in any court for
4181 criminal prosecution, it being the intent of the Legislature to
4182 provide a method and means by which the health, safety, and
4183 welfare of those officiating at or participating in a race meet
4184 or a jai alai game are sufficiently protected. However, this
4185 subsection does not prohibit any person so authorized from
4186 pursuing an independent investigation as a result of a ruling
4187 made by the stewards, judges, or board of judges, or the
4188 department division.
4189 Section 53. Section 550.2415, Florida Statutes, is amended
4190 to read:
4191 550.2415 Racing of animals under certain conditions
4192 prohibited; penalties; exceptions.—
4193 (1)(a) The racing of an animal that has been impermissibly
4194 medicated or determined to have a prohibited substance present
4195 is prohibited. It is a violation of this section for a person to
4196 impermissibly medicate an animal or for an animal to have a
4197 prohibited substance present resulting in a positive test for
4198 such medications or substances based on samples taken from the
4199 animal before or immediately after the racing of that animal.
4200 Test results and the identities of the animals being tested and
4201 of their trainers and owners of record are confidential and
4202 exempt from s. 119.07(1) and from s. 24(a), Art. I of the State
4203 Constitution for 10 days after testing of all samples collected
4204 on a particular day has been completed and any positive test
4205 results derived from such samples have been reported to the
4206 director of the department division or administrative action has
4207 been commenced.
4208 (b) It is a violation of this section for a race-day
4209 specimen to contain a level of a naturally occurring substance
4210 which exceeds normal physiological concentrations. The
4211 department division may solicit input from the Department of
4212 Agriculture and Consumer Services and adopt rules that specify
4213 normal physiological concentrations of naturally occurring
4214 substances in the natural untreated animal and rules that
4215 specify acceptable levels of environmental contaminants and
4216 trace levels of substances in test samples.
4217 (c) The finding of a prohibited substance in a race-day
4218 specimen constitutes prima facie evidence that the substance was
4219 administered and was carried in the body of the animal while
4220 participating in the race.
4221 (2) Administrative action may be taken by the department
4222 division against an occupational licensee responsible pursuant
4223 to rule of the department division for the condition of an
4224 animal that has been impermissibly medicated or drugged in
4225 violation of this section.
4226 (3)(a) Upon the finding of a violation of this section, the
4227 department division may revoke or suspend the license or permit
4228 of the violator or deny a license or permit to the violator;
4229 impose a fine against the violator in an amount not exceeding
4230 the purse or sweepstakes earned by the animal in the race at
4231 issue or $10,000, whichever is greater; require the full or
4232 partial return of the purse, sweepstakes, and trophy of the race
4233 at issue; or impose against the violator any combination of such
4234 penalties. The finding of a violation of this section does not
4235 prohibit a prosecution for criminal acts committed.
4236 (b) The department division, notwithstanding chapter 120,
4237 may summarily suspend the license of an occupational licensee
4238 responsible under this section or department division rule for
4239 the condition of a race animal if the department’s division
4240 laboratory reports the presence of a prohibited substance in the
4241 animal or its blood, urine, saliva, or any other bodily fluid,
4242 either before a race in which the animal is entered or after a
4243 race the animal has run.
4244 (c) If an occupational licensee is summarily suspended
4245 under this section, the department division shall offer the
4246 licensee a prompt postsuspension hearing within 72 hours, at
4247 which the department division shall produce the laboratory
4248 report and documentation that which, on its face, establishes
4249 the responsibility of the occupational licensee. Upon production
4250 of the documentation, the occupational licensee has the burden
4251 of proving his or her lack of responsibility.
4252 (d) Any proceeding for administrative action against a
4253 licensee or permittee, other than a proceeding under paragraph
4254 (c), shall be conducted in compliance with chapter 120.
4255 (4) A prosecution pursuant to this section for a violation
4256 of this section must begin within 90 days after the violation
4257 was committed. Service of an administrative complaint marks the
4258 commencement of administrative action.
4259 (5) The department division shall implement a split-sample
4260 procedure for testing animals under this section.
4261 (a) The department division shall notify the owner or
4262 trainer, the stewards, and the appropriate horsemen’s
4263 association of all drug test results. If a drug test result is
4264 positive, and upon request by the affected trainer or owner of
4265 the animal from which the sample was obtained, the department
4266 division shall send the split sample to an approved independent
4267 laboratory for analysis. The department division shall establish
4268 standards and rules for uniform enforcement and shall maintain a
4269 list of at least five approved independent laboratories for an
4270 owner or trainer to select from if a drug test result is
4271 positive.
4272 (b) If the department division laboratory’s findings are
4273 not confirmed by the independent laboratory, no further
4274 administrative or disciplinary action under this section may be
4275 pursued.
4276 (c) If the independent laboratory confirms the department
4277 division laboratory’s positive result, the department division
4278 may commence administrative proceedings as prescribed in this
4279 chapter and consistent with chapter 120. For purposes of this
4280 subsection, the department shall in good faith attempt to obtain
4281 a sufficient quantity of the test fluid to allow both a primary
4282 test and a secondary test to be made.
4283 (d) For the testing of a racing greyhound, if there is an
4284 insufficient quantity of the secondary (split) sample for
4285 confirmation of the department division laboratory’s positive
4286 result, the department division may commence administrative
4287 proceedings as prescribed in this chapter and consistent with
4288 chapter 120.
4289 (e) For the testing of a racehorse, if there is an
4290 insufficient quantity of the secondary (split) sample for
4291 confirmation of the department division laboratory’s positive
4292 result, the department division may not take further action on
4293 the matter against the owner or trainer, and any resulting
4294 license suspension must be immediately lifted.
4295 (f) The department division shall require its laboratory
4296 and the independent laboratories to annually participate in an
4297 externally administered quality assurance program designed to
4298 assess testing proficiency in the detection and appropriate
4299 quantification of medications, drugs, and naturally occurring
4300 substances that may be administered to racing animals. The
4301 administrator of the quality assurance program shall report its
4302 results and findings to the department division and the
4303 Department of Agriculture and Consumer Services.
4304 (6)(a) It is the intent of the Legislature that animals
4305 that participate in races in this state on which pari-mutuel
4306 wagering is conducted and animals that are bred and trained in
4307 this state for racing be treated humanely, both on and off
4308 racetracks, throughout the lives of the animals.
4309 (b) The department division shall, by rule, adopt establish
4310 the procedures for euthanizing greyhounds. However, a greyhound
4311 may not be put to death by any means other than by lethal
4312 injection of the drug sodium pentobarbital. A greyhound may not
4313 be removed from this state for the purpose of being destroyed.
4314 (c) It is a violation of this chapter for an occupational
4315 licensee to train a greyhound using live or dead animals. A
4316 greyhound may not be taken from this state for the purpose of
4317 being trained through the use of live or dead animals.
4318 (d) Any act committed by any licensee that would constitute
4319 cruelty to animals as defined in s. 828.02 involving any animal
4320 constitutes a violation of this chapter. Imposition of any
4321 penalty by the department division for violation of this chapter
4322 or any rule adopted by the department division pursuant to this
4323 chapter does shall not prohibit a criminal prosecution for
4324 cruelty to animals.
4325 (e) The department division may inspect any area at a pari
4326 mutuel facility where racing animals are raced, trained, housed,
4327 or maintained, including any areas where food, medications, or
4328 other supplies are kept, to ensure the humane treatment of
4329 racing animals and compliance with this chapter and the rules of
4330 the department division.
4331 (7)(a) In order to protect the safety and welfare of racing
4332 animals and the integrity of the races in which the animals
4333 participate, the department division shall adopt rules
4334 establishing the conditions of use and maximum concentrations of
4335 medications, drugs, and naturally occurring substances
4336 identified in the Controlled Therapeutic Medication Schedule,
4337 Version 2.1, revised April 17, 2014, adopted by the Association
4338 of Racing Commissioners International, Inc. Controlled
4339 therapeutic medications include only the specific medications
4340 and concentrations allowed in biological samples which have been
4341 approved by the Association of Racing Commissioners
4342 International, Inc., as controlled therapeutic medications.
4343 (b) The department division rules must designate the
4344 appropriate biological specimens by which the administration of
4345 medications, drugs, and naturally occurring substances is
4346 monitored and must determine the testing methodologies,
4347 including measurement uncertainties, for screening such
4348 specimens to confirm the presence of medications, drugs, and
4349 naturally occurring substances.
4350 (c) The department division rules must include a
4351 classification system for drugs and substances and a
4352 corresponding penalty schedule for violations which incorporates
4353 the Uniform Classification Guidelines for Foreign Substances,
4354 Version 8.0, revised December 2014, by the Association of Racing
4355 Commissioners International, Inc. The department division shall
4356 adopt laboratory screening limits approved by the Association of
4357 Racing Commissioners International, Inc., for drugs and
4358 medications that are not included as controlled therapeutic
4359 medications, the presence of which in a sample may result in a
4360 violation of this section.
4361 (d) The department division rules must include conditions
4362 for the use of furosemide to treat exercise-induced pulmonary
4363 hemorrhage.
4364 (e) The department division may solicit input from the
4365 Department of Agriculture and Consumer Services in adopting the
4366 rules required under this subsection. Such rules must be adopted
4367 before January 1, 2016.
4368 (8) Furosemide is the only medication that may be
4369 administered within 24 hours before the officially scheduled
4370 post time of a race, but it may not be administered within 4
4371 hours before the officially scheduled post time of a race.
4372 (9)(a) The department division may conduct a postmortem
4373 examination of any animal that is injured at a permitted
4374 racetrack while in training or in competition and that
4375 subsequently expires or is destroyed. The department division
4376 may conduct a postmortem examination of any animal that expires
4377 while housed at a permitted racetrack, association compound, or
4378 licensed kennel or farm. Trainers and owners shall be requested
4379 to comply with this paragraph as a condition of licensure.
4380 (b) The department division may take possession of the
4381 animal upon death for postmortem examination. The department
4382 division may submit blood, urine, other bodily fluid specimens,
4383 or other tissue specimens collected during a postmortem
4384 examination for testing by the department division laboratory or
4385 its designee. Upon completion of the postmortem examination, the
4386 carcass must be returned to the owner or disposed of at the
4387 owner’s option.
4388 (10) The presence of a prohibited substance in an animal,
4389 found by the department division laboratory in a bodily fluid
4390 specimen collected after the race or during the postmortem
4391 examination of the animal, which breaks down during a race
4392 constitutes a violation of this section.
4393 (11) The cost of postmortem examinations, testing, and
4394 disposal must be borne by the department division.
4395 (12) The department division shall adopt rules to implement
4396 this section.
4397 (13) The department division may implement by rule
4398 medication levels for racing greyhounds recommended by the
4399 University of Florida College of Veterinary Medicine developed
4400 pursuant to an agreement between the department Division of
4401 Pari-mutuel Wagering and the University of Florida College of
4402 Veterinary Medicine. The University of Florida College of
4403 Veterinary Medicine may provide written notification to the
4404 department division that it has completed research or review on
4405 a particular drug pursuant to the agreement and when the College
4406 of Veterinary Medicine has completed a final report of its
4407 findings, conclusions, and recommendations to the department
4408 division.
4409 Section 54. Subsection (4) of section 550.2614, Florida
4410 Statutes, is amended to read:
4411 550.2614 Distribution of certain funds to a horsemen’s
4412 association.—
4413 (4) The department division shall adopt rules to facilitate
4414 the orderly transfer of funds in accordance with this section.
4415 The department division shall also monitor the membership rolls
4416 of the horsemen’s association to ensure that complete, accurate,
4417 and timely listings are maintained for the purposes specified in
4418 this section.
4419 Section 55. Section 550.2625, Florida Statutes, is amended
4420 to read:
4421 550.2625 Horseracing; minimum purse requirement, Florida
4422 breeders’ and owners’ awards.—
4423 (1) The purse structure and the availability of breeder
4424 awards are important factors in attracting the entry of well
4425 bred horses in racing meets in this state which in turn helps to
4426 produce maximum racing revenues for the state and the counties.
4427 (2) Each permitholder conducting a horserace meet is
4428 required to pay from the takeout withheld on pari-mutuel pools a
4429 sum for purses in accordance with the type of race performed.
4430 (a) A permitholder conducting a thoroughbred horse race
4431 meet under this chapter must pay from the takeout withheld a sum
4432 not less than 7.75 percent of all contributions to pari-mutuel
4433 pools conducted during the race meet as purses. In addition to
4434 the 7.75 percent minimum purse payment, permitholders conducting
4435 live thoroughbred performances shall be required to pay as
4436 additional purses 0.625 .625 percent of live handle for
4437 performances conducted during the period beginning on January 3
4438 and ending March 16; 0.225 .225 percent for performances
4439 conducted during the period beginning March 17 and ending May
4440 22; and 0.85 .85 percent for performances conducted during the
4441 period beginning May 23 and ending January 2. Except that any
4442 thoroughbred permitholder whose total handle on live
4443 performances during the 1991-1992 state fiscal year was not
4444 greater than $34 million is not subject to this additional purse
4445 payment. A permitholder authorized to conduct thoroughbred
4446 racing may withhold from the handle an additional amount equal
4447 to 1 percent on exotic wagering for use as owners’ awards, and
4448 may withhold from the handle an amount equal to 2 percent on
4449 exotic wagering for use as overnight purses. A No permitholder
4450 may not withhold in excess of 20 percent from the handle without
4451 withholding the amounts set forth in this subsection.
4452 (b)1. A permitholder conducting a harness horse race meet
4453 under this chapter must pay to the purse pool from the takeout
4454 withheld a purse requirement that totals an amount not less than
4455 8.25 percent of all contributions to pari-mutuel pools conducted
4456 during the race meet. An amount not less than 7.75 percent of
4457 the total handle shall be paid from this purse pool as purses.
4458 2. An amount not to exceed 0.5 percent of the total handle
4459 on all harness horse races that are subject to the purse
4460 requirement of subparagraph 1., must be available for use to
4461 provide medical, dental, surgical, life, funeral, or disability
4462 insurance benefits for occupational licensees who work at tracks
4463 in this state at which harness horse races are conducted. Such
4464 insurance benefits must be paid from the purse pool specified in
4465 subparagraph 1. An annual plan for payment of insurance benefits
4466 from the purse pool, including qualifications for eligibility,
4467 must be submitted by the Florida Standardbred Breeders and
4468 Owners Association for approval to the department division. An
4469 annual report of the implemented plan shall be submitted to the
4470 department division. All records of the Florida Standardbred
4471 Breeders and Owners Association concerning the administration of
4472 the plan must be available for audit at the discretion of the
4473 department division to determine that the plan has been
4474 implemented and administered as authorized. If the department
4475 division finds that the Florida Standardbred Breeders and Owners
4476 Association has not complied with the provisions of this
4477 section, the department division may order the association to
4478 cease and desist from administering the plan and shall appoint
4479 the department division as temporary administrator of the plan
4480 until the department division reestablishes administration of
4481 the plan with the association.
4482 (c) A permitholder conducting a quarter horse race meet
4483 under this chapter shall pay from the takeout withheld a sum not
4484 less than 6 percent of all contributions to pari-mutuel pools
4485 conducted during the race meet as purses.
4486 (d) The department division shall adopt reasonable rules to
4487 ensure the timely and accurate payment of all amounts withheld
4488 by horserace permitholders regarding the distribution of purses,
4489 owners’ awards, and other amounts collected for payment to
4490 owners and breeders. Each permitholder that fails to pay out all
4491 moneys collected for payment to owners and breeders shall,
4492 within 10 days after the end of the meet during which the
4493 permitholder underpaid purses, deposit an amount equal to the
4494 underpayment into a separate interest-bearing account to be
4495 distributed to owners and breeders in accordance with department
4496 division rules.
4497 (e) An amount equal to 8.5 percent of the purse account
4498 generated through intertrack wagering and interstate
4499 simulcasting will be used for Florida Owners’ Awards as set
4500 forth in subsection (3). Any thoroughbred permitholder with an
4501 average blended takeout that which does not exceed 20 percent
4502 and with an average daily purse distribution excluding
4503 sponsorship, entry fees, and nominations exceeding $225,000 is
4504 exempt from the provisions of this paragraph.
4505 (3) Each horseracing permitholder conducting any
4506 thoroughbred race under this chapter, including any intertrack
4507 race taken pursuant to ss. 550.615-550.6305 or any interstate
4508 simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
4509 to 0.955 percent on all pari-mutuel pools conducted during any
4510 such race for the payment of breeders’, stallion, or special
4511 racing awards as authorized in this chapter. This subsection
4512 also applies to all Breeder’s Cup races conducted outside this
4513 state taken pursuant to s. 550.3551(3). On any race originating
4514 live in this state which is broadcast out-of-state to any
4515 location at which wagers are accepted pursuant to s.
4516 550.3551(2), the host track is required to pay 3.475 percent of
4517 the gross revenue derived from such out-of-state broadcasts as
4518 breeders’, stallion, or special racing awards. The Florida
4519 Thoroughbred Breeders’ Association is authorized to receive
4520 these payments from the permitholders and make payments of
4521 awards earned. The Florida Thoroughbred Breeders’ Association
4522 has the right to withhold up to 10 percent of the permitholder’s
4523 payments under this section as a fee for administering the
4524 payments of awards and for general promotion of the industry.
4525 The permitholder shall remit these payments to the Florida
4526 Thoroughbred Breeders’ Association by the 5th day of each
4527 calendar month for such sums accruing during the preceding
4528 calendar month and shall report such payments to the department
4529 division as prescribed by the department division. With the
4530 exception of the 10-percent fee, the moneys paid by the
4531 permitholders shall be maintained in a separate, interest
4532 bearing account, and such payments together with any interest
4533 earned shall be used exclusively for the payment of breeders’,
4534 stallion, or special racing awards in accordance with the
4535 following provisions:
4536 (a) The breeder of each Florida-bred thoroughbred horse
4537 winning a thoroughbred horse race is entitled to an award of up
4538 to, but not exceeding, 20 percent of the announced gross purse,
4539 including nomination fees, eligibility fees, starting fees,
4540 supplementary fees, and moneys added by the sponsor of the race.
4541 (b) The owner or owners of the sire of a Florida-bred
4542 thoroughbred horse that wins a stakes race is entitled to a
4543 stallion award of up to, but not exceeding, 20 percent of the
4544 announced gross purse, including nomination fees, eligibility
4545 fees, starting fees, supplementary fees, and moneys added by the
4546 sponsor of the race.
4547 (c) The owners of thoroughbred horses participating in
4548 thoroughbred stakes races, nonstakes races, or both may receive
4549 a special racing award in accordance with the agreement
4550 established pursuant to s. 550.26165(1).
4551 (d) In order for a breeder of a Florida-bred thoroughbred
4552 horse to be eligible to receive a breeder’s award, the horse
4553 must have been registered as a Florida-bred horse with the
4554 Florida Thoroughbred Breeders’ Association, and the Jockey Club
4555 certificate for the horse must show that it has been duly
4556 registered as a Florida-bred horse as evidenced by the seal and
4557 proper serial number of the Florida Thoroughbred Breeders’
4558 Association registry. The Florida Thoroughbred Breeders’
4559 Association shall be permitted to charge the registrant a
4560 reasonable fee for this verification and registration.
4561 (e) In order for an owner of the sire of a thoroughbred
4562 horse winning a stakes race to be eligible to receive a stallion
4563 award, the stallion must have been registered with the Florida
4564 Thoroughbred Breeders’ Association, and the breeding of the
4565 registered Florida-bred horse must have occurred in this state.
4566 The stallion must be standing permanently in this state during
4567 the period of time between February 1 and June 15 of each year
4568 or, if the stallion is dead, must have stood permanently in this
4569 state for a period of not less than 1 year immediately prior to
4570 its death. The removal of a stallion from this state during the
4571 period of time between February 1 and June 15 of any year for
4572 any reason, other than exclusively for prescribed medical
4573 treatment, as approved by the Florida Thoroughbred Breeders’
4574 Association, renders the owner or owners of the stallion
4575 ineligible to receive a stallion award under any circumstances
4576 for offspring sired prior to removal; however, if a removed
4577 stallion is returned to this state, all offspring sired
4578 subsequent to the return make the owner or owners of the
4579 stallion eligible for the stallion award but only for those
4580 offspring sired subsequent to such return to this state. The
4581 Florida Thoroughbred Breeders’ Association shall maintain
4582 complete records showing the date the stallion arrived in this
4583 state for the first time, whether or not the stallion remained
4584 in the state permanently, the location of the stallion, and
4585 whether the stallion is still standing in this state and
4586 complete records showing awards earned, received, and
4587 distributed. The association may charge the owner, owners, or
4588 breeder a reasonable fee for this service.
4589 (f) A permitholder conducting a thoroughbred horse race
4590 under the provisions of this chapter shall, within 30 days after
4591 the end of the race meet during which the race is conducted,
4592 certify to the Florida Thoroughbred Breeders’ Association such
4593 information relating to the thoroughbred horses winning a stakes
4594 or other horserace at the meet as may be required to determine
4595 the eligibility for payment of breeders’, stallion, and special
4596 racing awards.
4597 (g) The Florida Thoroughbred Breeders’ Association shall
4598 maintain complete records showing the starters and winners in
4599 all races conducted at thoroughbred tracks in this state; shall
4600 maintain complete records showing awards earned, received, and
4601 distributed; and may charge the owner, owners, or breeder a
4602 reasonable fee for this service.
4603 (h) The Florida Thoroughbred Breeders’ Association shall
4604 annually establish a uniform rate and procedure for the payment
4605 of breeders’ and stallion awards and shall make breeders’ and
4606 stallion award payments in strict compliance with the
4607 established uniform rate and procedure plan. The plan may set a
4608 cap on winnings and may limit, exclude, or defer payments to
4609 certain classes of races, such as the Florida stallion stakes
4610 races, in order to assure that there are adequate revenues to
4611 meet the proposed uniform rate. Such plan must include proposals
4612 for the general promotion of the industry. Priority shall be
4613 placed upon imposing such restrictions in lieu of allowing the
4614 uniform rate to be less than 15 percent of the total purse
4615 payment. The uniform rate and procedure plan must be approved by
4616 the department division before implementation. In the absence of
4617 an approved plan and procedure, the authorized rate for
4618 breeders’ and stallion awards is 15 percent of the announced
4619 gross purse for each race. Such purse must include nomination
4620 fees, eligibility fees, starting fees, supplementary fees, and
4621 moneys added by the sponsor of the race. If the funds in the
4622 account for payment of breeders’ and stallion awards are not
4623 sufficient to meet all earned breeders’ and stallion awards,
4624 those breeders and stallion owners not receiving payments have
4625 first call on any subsequent receipts in that or any subsequent
4626 year.
4627 (i) The Florida Thoroughbred Breeders’ Association shall
4628 keep accurate records showing receipts and disbursements of such
4629 payments and shall annually file a full and complete report to
4630 the department division showing such receipts and disbursements
4631 and the sums withheld for administration. The department
4632 division may audit the records and accounts of the Florida
4633 Thoroughbred Breeders’ Association to determine that payments
4634 have been made to eligible breeders and stallion owners in
4635 accordance with this section.
4636 (j) If the department division finds that the Florida
4637 Thoroughbred Breeders’ Association has not complied with any
4638 provision of this section, the department division may order the
4639 association to cease and desist from receiving funds and
4640 administering funds received under this section. If the
4641 department division enters such an order, the permitholder shall
4642 make the payments authorized in this section to the department
4643 division for deposit into the Pari-mutuel Wagering Trust Fund;
4644 and any funds in the Florida Thoroughbred Breeders’ Association
4645 account shall be immediately paid to the department Division of
4646 Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
4647 Trust Fund. The department division shall authorize payment from
4648 these funds to any breeder or stallion owner entitled to an
4649 award that has not been previously paid by the Florida
4650 Thoroughbred Breeders’ Association in accordance with the
4651 applicable rate.
4652 (4) Each permitholder conducting a harness horse race under
4653 this chapter shall pay a sum equal to the breaks on all pari
4654 mutuel pools conducted during that race for the payment of
4655 breeders’ awards, stallion awards, and stallion stakes and for
4656 additional expenditures as authorized in this section. The
4657 Florida Standardbred Breeders and Owners Association is
4658 authorized to receive these payments from the permitholders and
4659 make payments as authorized in this subsection. The Florida
4660 Standardbred Breeders and Owners Association has the right to
4661 withhold up to 10 percent of the permitholder’s payments under
4662 this section and under s. 550.2633 as a fee for administering
4663 these payments. The permitholder shall remit these payments to
4664 the Florida Standardbred Breeders and Owners Association by the
4665 5th day of each calendar month for such sums accruing during the
4666 preceding calendar month and shall report such payments to the
4667 department division as prescribed by the department division.
4668 With the exception of the 10-percent fee for administering the
4669 payments and the use of the moneys authorized by paragraph (j),
4670 the moneys paid by the permitholders shall be maintained in a
4671 separate, interest-bearing account; and such payments together
4672 with any interest earned shall be allocated for the payment of
4673 breeders’ awards, stallion awards, stallion stakes, additional
4674 purses, and prizes for, and the general promotion of owning and
4675 breeding of, Florida-bred standardbred horses. Payment of
4676 breeders’ awards and stallion awards shall be made in accordance
4677 with the following provisions:
4678 (a) The breeder of each Florida-bred standardbred horse
4679 winning a harness horse race is entitled to an award of up to,
4680 but not exceeding, 20 percent of the announced gross purse,
4681 including nomination fees, eligibility fees, starting fees,
4682 supplementary fees, and moneys added by the sponsor of the race.
4683 (b) The owner or owners of the sire of a Florida-bred
4684 standardbred horse that wins a stakes race is entitled to a
4685 stallion award of up to, but not exceeding, 20 percent of the
4686 announced gross purse, including nomination fees, eligibility
4687 fees, starting fees, supplementary fees, and moneys added by the
4688 sponsor of the race.
4689 (c) In order for a breeder of a Florida-bred standardbred
4690 horse to be eligible to receive a breeder’s award, the horse
4691 winning the race must have been registered as a Florida-bred
4692 horse with the Florida Standardbred Breeders and Owners
4693 Association and a registration certificate under seal for the
4694 winning horse must show that the winner has been duly registered
4695 as a Florida-bred horse as evidenced by the seal and proper
4696 serial number of the United States Trotting Association
4697 registry. The Florida Standardbred Breeders and Owners
4698 Association shall be permitted to charge the registrant a
4699 reasonable fee for this verification and registration.
4700 (d) In order for an owner of the sire of a standardbred
4701 horse winning a stakes race to be eligible to receive a stallion
4702 award, the stallion must have been registered with the Florida
4703 Standardbred Breeders and Owners Association, and the breeding
4704 of the registered Florida-bred horse must have occurred in this
4705 state. The stallion must be standing permanently in this state
4706 or, if the stallion is dead, must have stood permanently in this
4707 state for a period of not less than 1 year immediately prior to
4708 its death. The removal of a stallion from this state for any
4709 reason, other than exclusively for prescribed medical treatment,
4710 renders the owner or the owners of the stallion ineligible to
4711 receive a stallion award under any circumstances for offspring
4712 sired prior to removal; however, if a removed stallion is
4713 returned to this state, all offspring sired subsequent to the
4714 return make the owner or owners of the stallion eligible for the
4715 stallion award but only for those offspring sired subsequent to
4716 such return to this state. The Florida Standardbred Breeders and
4717 Owners Association shall maintain complete records showing the
4718 date the stallion arrived in this state for the first time,
4719 whether or not the stallion remained in the state permanently,
4720 the location of the stallion, and whether the stallion is still
4721 standing in this state and complete records showing awards
4722 earned, received, and distributed. The association may charge
4723 the owner, owners, or breeder a reasonable fee for this service.
4724 (e) A permitholder conducting a harness horse race under
4725 this chapter shall, within 30 days after the end of the race
4726 meet during which the race is conducted, certify to the Florida
4727 Standardbred Breeders and Owners Association such information
4728 relating to the horse winning a stakes or other horserace at the
4729 meet as may be required to determine the eligibility for payment
4730 of breeders’ awards and stallion awards.
4731 (f) The Florida Standardbred Breeders and Owners
4732 Association shall maintain complete records showing the starters
4733 and winners in all races conducted at harness horse racetracks
4734 in this state; shall maintain complete records showing awards
4735 earned, received, and distributed; and may charge the owner,
4736 owners, or breeder a reasonable fee for this service.
4737 (g) The Florida Standardbred Breeders and Owners
4738 Association shall annually establish a uniform rate and
4739 procedure for the payment of breeders’ awards, stallion awards,
4740 stallion stakes, additional purses, and prizes for, and for the
4741 general promotion of owning and breeding of, Florida-bred
4742 standardbred horses and shall make award payments and
4743 allocations in strict compliance with the established uniform
4744 rate and procedure. The plan may set a cap on winnings, and may
4745 limit, exclude, or defer payments to certain classes of races,
4746 such as the Florida Breeders’ stakes races, in order to assure
4747 that there are adequate revenues to meet the proposed uniform
4748 rate. Priority shall be placed on imposing such restrictions in
4749 lieu of allowing the uniform rate allocated to payment of
4750 breeder and stallion awards to be less than 10 percent of the
4751 total purse payment. The uniform rate and procedure must be
4752 approved by the department division before implementation. In
4753 the absence of an approved plan and procedure, the authorized
4754 rate for breeders’ and stallion awards is 10 percent of the
4755 announced gross purse for each race. Such purse must include
4756 nomination fees, eligibility fees, starting fees, supplementary
4757 fees, and moneys added by the sponsor of the race. If the funds
4758 in the account for payment of breeders’ and stallion awards are
4759 not sufficient to meet all earned breeders’ and stallion awards,
4760 those breeders and stallion owners not receiving payments have
4761 first call on any subsequent receipts in that or any subsequent
4762 year.
4763 (h) The Florida Standardbred Breeders and Owners
4764 Association shall keep accurate records showing receipts and
4765 disbursements of such payments and shall annually file a full
4766 and complete report to the department division showing such
4767 receipts and disbursements and the sums withheld for
4768 administration. The department division may audit the records
4769 and accounts of the Florida Standardbred Breeders and Owners
4770 Association to determine that payments have been made to
4771 eligible breeders, stallion owners, and owners of Florida-bred
4772 standardbred horses in accordance with this section.
4773 (i) If the department division finds that the Florida
4774 Standardbred Breeders and Owners Association has not complied
4775 with any provision of this section, the department division may
4776 order the association to cease and desist from receiving funds
4777 and administering funds received under this section and under s.
4778 550.2633. If the department division enters such an order, the
4779 permitholder shall make the payments authorized in this section
4780 and s. 550.2633 to the department division for deposit into the
4781 Pari-mutuel Wagering Trust Fund; and any funds in the Florida
4782 Standardbred Breeders and Owners Association account shall be
4783 immediately paid to the department division for deposit to the
4784 Pari-mutuel Wagering Trust Fund. The department division shall
4785 authorize payment from these funds to any breeder, stallion
4786 owner, or owner of a Florida-bred standardbred horse entitled to
4787 an award that has not been previously paid by the Florida
4788 Standardbred Breeders and Owners Association in accordance with
4789 the applicable rate.
4790 (j) The board of directors of the Florida Standardbred
4791 Breeders and Owners Association may authorize the release of up
4792 to 25 percent of the funds available for breeders’ awards,
4793 stallion awards, stallion stakes, additional purses, and prizes
4794 for, and for the general promotion of owning and breeding of,
4795 Florida-bred standardbred horses to be used for purses for, and
4796 promotion of, Florida-bred standardbred horses at race meetings
4797 at which there is no pari-mutuel wagering unless, and to the
4798 extent that, such release would render the funds available for
4799 such awards insufficient to pay the breeders’ and stallion
4800 awards earned pursuant to the annual plan of the association.
4801 Any such funds so released and used for purses are not
4802 considered to be an “announced gross purse” as that term is used
4803 in paragraphs (a) and (b), and no breeders’ or stallion awards,
4804 stallion stakes, or owner awards are required to be paid for
4805 standardbred horses winning races in meetings at which there is
4806 no pari-mutuel wagering. The amount of purses to be paid from
4807 funds so released and the meets eligible to receive such funds
4808 for purses must be approved by the board of directors of the
4809 Florida Standardbred Breeders and Owners Association.
4810 (5)(a) Except as provided in subsections (7) and (8), each
4811 permitholder conducting a quarter horse race meet under this
4812 chapter shall pay a sum equal to the breaks plus a sum equal to
4813 1 percent of all pari-mutuel pools conducted during that race
4814 for supplementing and augmenting purses and prizes and for the
4815 general promotion of owning and breeding of racing quarter
4816 horses in this state as authorized in this section. The Florida
4817 Quarter Horse Breeders and Owners Association is authorized to
4818 receive these payments from the permitholders and make payments
4819 as authorized in this subsection. The Florida Quarter Horse
4820 Breeders and Owners Association, Inc., referred to in this
4821 chapter as the Florida Quarter Horse Breeders and Owners
4822 Association, has the right to withhold up to 10 percent of the
4823 permitholder’s payments under this section and under s. 550.2633
4824 as a fee for administering these payments. The permitholder
4825 shall remit these payments to the Florida Quarter Horse Breeders
4826 and Owners Association by the 5th day of each calendar month for
4827 such sums accruing during the preceding calendar month and shall
4828 report such payments to the department division as prescribed by
4829 the department division. With the exception of the 5-percent fee
4830 for administering the payments, the moneys paid by the
4831 permitholders shall be maintained in a separate, interest
4832 bearing account.
4833 (b) The Florida Quarter Horse Breeders and Owners
4834 Association shall use these funds solely for supplementing and
4835 augmenting purses and prizes and for the general promotion of
4836 owning and breeding of racing quarter horses in this state and
4837 for general administration of the Florida Quarter Horse Breeders
4838 and Owners Association, Inc., in this state.
4839 (c) In order for an owner or breeder of a Florida-bred
4840 quarter horse to be eligible to receive an award, the horse
4841 winning a race must have been registered as a Florida-bred horse
4842 with the Florida Quarter Horse Breeders and Owners Association
4843 and a registration certificate under seal for the winning horse
4844 must show that the winning horse has been duly registered prior
4845 to the race as a Florida-bred horse as evidenced by the seal and
4846 proper serial number of the Florida Quarter Horse Breeders and
4847 Owners Association registry. The Department of Agriculture and
4848 Consumer Services is authorized to assist the association in
4849 maintaining this registry. The Florida Quarter Horse Breeders
4850 and Owners Association may charge the registrant a reasonable
4851 fee for this verification and registration. Any person who
4852 registers unqualified horses or misrepresents information in any
4853 way shall be denied any future participation in breeders’
4854 awards, and all horses misrepresented will no longer be deemed
4855 to be Florida-bred.
4856 (d) A permitholder conducting a quarter horse race under a
4857 quarter horse permit under this chapter shall, within 30 days
4858 after the end of the race meet during which the race is
4859 conducted, certify to the Florida Quarter Horse Breeders and
4860 Owners Association such information relating to the horse
4861 winning a stakes or other horserace at the meet as may be
4862 required to determine the eligibility for payment of breeders’
4863 awards under this section.
4864 (e) The Florida Quarter Horse Breeders and Owners
4865 Association shall maintain complete records showing the starters
4866 and winners in all quarter horse races conducted under quarter
4867 horse permits in this state; shall maintain complete records
4868 showing awards earned, received, and distributed; and may charge
4869 the owner, owners, or breeder a reasonable fee for this service.
4870 (f) The Florida Quarter Horse Breeders and Owners
4871 Association shall keep accurate records showing receipts and
4872 disbursements of payments made under this section and shall
4873 annually file a full and complete report to the department
4874 division showing such receipts and disbursements and the sums
4875 withheld for administration. The department division may audit
4876 the records and accounts of the Florida Quarter Horse Breeders
4877 and Owners Association to determine that payments have been made
4878 in accordance with this section.
4879 (g) The Florida Quarter Horse Breeders and Owners
4880 Association shall annually establish a plan for supplementing
4881 and augmenting purses and prizes and for the general promotion
4882 of owning and breeding Florida-bred racing quarter horses and
4883 shall make award payments and allocations in strict compliance
4884 with the annual plan. The annual plan must be approved by the
4885 department division before implementation. If the funds in the
4886 account for payment of purses and prizes are not sufficient to
4887 meet all purses and prizes to be awarded, those breeders and
4888 owners not receiving payments have first call on any subsequent
4889 receipts in that or any subsequent year.
4890 (h) If the department division finds that the Florida
4891 Quarter Horse Breeders and Owners Association has not complied
4892 with any provision of this section, the department division may
4893 order the association to cease and desist from receiving funds
4894 and administering funds received under this section and s.
4895 550.2633. If the department division enters such an order, the
4896 permitholder shall make the payments authorized in this section
4897 and s. 550.2633 to the department division for deposit into the
4898 Pari-mutuel Wagering Trust Fund, and any funds in the Florida
4899 Quarter Horse Breeders and Owners Association account shall be
4900 immediately paid to the department division for deposit to the
4901 Pari-mutuel Wagering Trust Fund. The department division shall
4902 authorize payment from these funds to any breeder or owner of a
4903 quarter horse entitled to an award that has not been previously
4904 paid by the Florida Quarter Horse Breeders and Owners
4905 Association pursuant to in accordance with this section.
4906 (6)(a) The takeout may be used for the payment of awards to
4907 owners of registered Florida-bred horses placing first in a
4908 claiming race, an allowance race, a maiden special race, or a
4909 stakes race in which the announced purse, exclusive of entry and
4910 starting fees and added moneys, does not exceed $40,000.
4911 (b) The permitholder shall determine for each qualified
4912 race the amount of the owners’ award for which a registered
4913 Florida-bred horse will be eligible. The amount of the available
4914 owners’ award shall be established in the same manner in which
4915 purses are established and shall be published in the condition
4916 book for the period during which the race is to be conducted. No
4917 single award may exceed 50 percent of the gross purse for the
4918 race won.
4919 (c) If the moneys generated under paragraph (a) during the
4920 meet exceed the owners’ awards earned during the meet, the
4921 excess funds shall be held in a separate interest-bearing
4922 account, and the total interest and principal shall be used to
4923 increase the owners’ awards during the permitholder’s next meet.
4924 (d) Breeders’ awards authorized by subsections (3) and (4)
4925 may not be paid on owners’ awards.
4926 (e) This subsection governs owners’ awards paid on
4927 thoroughbred horse races only in this state, unless a written
4928 agreement is filed with the department division establishing the
4929 rate, procedures, and eligibility requirements for owners’
4930 awards, including place of finish, class of race, maximum purse,
4931 and maximum award, and the agreement is entered into by the
4932 permitholder, the Florida Thoroughbred Breeders’ Association,
4933 and the association representing a majority of the racehorse
4934 owners and trainers at the permitholder’s location.
4935 (7)(a) Each permitholder that conducts race meets under
4936 this chapter and runs Appaloosa races shall pay to the
4937 department division a sum equal to the breaks plus a sum equal
4938 to 1 percent of the total contributions to each pari-mutuel pool
4939 conducted on each Appaloosa race. The payments shall be remitted
4940 to the department division by the 5th day of each calendar month
4941 for sums accruing during the preceding calendar month.
4942 (b) The department division shall deposit these collections
4943 to the credit of the General Inspection Trust Fund in a special
4944 account to be known as the “Florida Appaloosa Racing Promotion
4945 Account.” The Department of Agriculture and Consumer Services
4946 shall administer the funds and adopt suitable and reasonable
4947 rules for the administration thereof. The moneys in the Florida
4948 Appaloosa Racing Promotion Account shall be allocated solely for
4949 supplementing and augmenting purses and prizes and for the
4950 general promotion of owning and breeding of racing Appaloosas in
4951 this state; and the moneys may not be used to defray any expense
4952 of the Department of Agriculture and Consumer Services in the
4953 administration of this chapter.
4954 (8) Each permitholder that conducts race meets under this
4955 chapter and runs Arabian horse races shall pay to the department
4956 division a sum equal to the breaks plus a sum equal to 1 percent
4957 of the total contributions to each pari-mutuel pool conducted on
4958 each Arabian horse race. The payments shall be remitted to the
4959 department division by the 5th day of each calendar month for
4960 sums accruing during the preceding calendar month.
4961 Section 56. Section 550.26352, Florida Statutes, is amended
4962 to read:
4963 550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
4964 taxes; credits; transmission of races; rules; application.—
4965 (1) Notwithstanding any provision of this chapter to the
4966 contrary, there is hereby created a special thoroughbred race
4967 meet that which shall be designated as the “Breeders’ Cup Meet.”
4968 The Breeders’ Cup Meet shall be conducted at the facility of the
4969 Florida permitholder selected by Breeders’ Cup Limited to
4970 conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
4971 consist of 3 days: the day on which the Breeders’ Cup races are
4972 conducted, the preceding day, and the subsequent day. Upon the
4973 selection of the Florida permitholder as host for the Breeders’
4974 Cup Meet and application by the selected permitholder, the
4975 department division shall issue a license to the selected
4976 permitholder to operate the Breeders’ Cup Meet. Notwithstanding
4977 s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
4978 dates when which the selected permitholder is not otherwise
4979 authorized to conduct a race meet.
4980 (2) The permitholder conducting the Breeders’ Cup Meet is
4981 specifically authorized to create pari-mutuel pools during the
4982 Breeders’ Cup Meet by accepting pari-mutuel wagers on the
4983 thoroughbred horse races run during the said meet.
4984 (3) If the permitholder conducting the Breeders’ Cup Meet
4985 is located within 35 miles of one or more permitholders
4986 scheduled to conduct a thoroughbred race meet on any of the 3
4987 days of the Breeders’ Cup Meet, then operation on any of those 3
4988 days by the other permitholders is prohibited. As compensation
4989 for the loss of racing days caused thereby, such operating
4990 permitholders shall receive a credit against the taxes otherwise
4991 due and payable to the state under ss. 550.0951 and 550.09515.
4992 This credit shall be in an amount equal to the operating loss
4993 determined to have been suffered by the operating permitholders
4994 as a result of not operating on the prohibited racing days, but
4995 may shall not exceed a total of $950,000. The determination of
4996 the amount to be credited shall be made by the department
4997 division upon application by the operating permitholder. The tax
4998 credits provided in this subsection are shall not be available
4999 unless an operating permitholder is required to close a bona
5000 fide meet consisting in part of no fewer than 10 scheduled
5001 performances in the 15 days immediately preceding or 10
5002 scheduled performances in the 15 days immediately following the
5003 Breeders’ Cup Meet. Such tax credit shall be in lieu of any
5004 other compensation or consideration for the loss of racing days.
5005 There shall be no replacement or makeup of any lost racing days.
5006 (4) Notwithstanding any provision of ss. 550.0951 and
5007 550.09515, the permitholder conducting the Breeders’ Cup Meet
5008 shall pay no taxes on the handle included in within the
5009 permitholder’s pari-mutuel pools of said permitholder during the
5010 Breeders’ Cup Meet.
5011 (5) The permitholder conducting the Breeders’ Cup Meet
5012 shall receive a credit against the taxes otherwise due and
5013 payable to the state under ss. 550.0951 and 550.09515 generated
5014 during the said permitholder’s next ensuing regular thoroughbred
5015 race meet. This credit shall be in an amount not to exceed
5016 $950,000 and shall be used utilized by the permitholder to pay
5017 the purses offered by the permitholder during the Breeders’ Cup
5018 Meet in excess of the purses that which the permitholder is
5019 otherwise required by law to pay. The amount to be credited
5020 shall be determined by the department division upon application
5021 of the permitholder which is subject to audit by the department
5022 division.
5023 (6) The permitholder conducting the Breeders’ Cup Meet
5024 shall receive a credit against the taxes otherwise due and
5025 payable to the state under ss. 550.0951 and 550.09515 generated
5026 during the said permitholder’s next ensuing regular thoroughbred
5027 race meet. This credit shall be in an amount not to exceed
5028 $950,000 and shall be utilized by the permitholder for such
5029 capital improvements and extraordinary expenses as may be
5030 necessary for operation of the Breeders’ Cup Meet. The amount to
5031 be credited shall be determined by the department division upon
5032 application of the permitholder which is subject to audit by the
5033 department division.
5034 (7) The permitholder conducting the Breeders’ Cup Meet is
5035 shall be exempt from the payment of purses and other payments to
5036 horsemen on all on-track, intertrack, interstate, and
5037 international wagers or rights fees or payments arising
5038 therefrom for all races for which the purse is paid or supplied
5039 by Breeders’ Cup Limited. The permitholder conducting the
5040 Breeders’ Cup Meet is shall not, however, be exempt from
5041 breeders’ awards payments for on-track and intertrack wagers as
5042 provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
5043 the purse is paid or supplied by Breeders’ Cup Limited.
5044 (8)(a) Pursuant to s. 550.3551(2), the permitholder
5045 conducting the Breeders’ Cup Meet may is authorized to transmit
5046 broadcasts of the races conducted during the Breeders’ Cup Meet
5047 to locations outside of this state for wagering purposes. The
5048 department division may approve broadcasts to pari-mutuel
5049 permitholders and other betting systems authorized under the
5050 laws of any other state or country. Wagers accepted by any out
5051 of-state pari-mutuel permitholder or betting system on any races
5052 broadcast under this section may be, but are not required to be,
5053 commingled with the pari-mutuel pools of the permitholder
5054 conducting the Breeders’ Cup Meet. The calculation of any payoff
5055 on national pari-mutuel pools with commingled wagers may be
5056 performed by the permitholder’s totalisator contractor at a
5057 location outside of this state. Pool amounts from wagers placed
5058 at pari-mutuel facilities or other betting systems in foreign
5059 countries before being commingled with the pari-mutuel pool of
5060 the Florida permitholder conducting the Breeders’ Cup Meet shall
5061 be calculated by the totalisator contractor and transferred to
5062 the commingled pool in United States currency in cycles
5063 customarily used by the permitholder. Pool amounts from wagers
5064 placed at any foreign pari-mutuel facility or other betting
5065 system may shall not be commingled with a Florida pool until a
5066 determination is made by the department division that the
5067 technology utilized by the totalisator contractor is adequate to
5068 assure commingled pools will result in the calculation of
5069 accurate payoffs to Florida bettors. Any totalisator contractor
5070 at a location outside of this state shall comply with the
5071 provisions of s. 550.495 relating to totalisator licensing.
5072 (b) The permitholder conducting the Breeders’ Cup Meet may
5073 is authorized to transmit broadcasts of the races conducted
5074 during the Breeders’ Cup Meet to other pari-mutuel facilities
5075 located in this state for wagering purposes; however, the
5076 permitholder conducting the Breeders’ Cup Meet is shall not be
5077 required to transmit broadcasts to any pari-mutuel facility
5078 located within 25 miles of the facility at which the Breeders’
5079 Cup Meet is conducted.
5080 (9) The exemption from the tax credits provided in
5081 subsections (5) and (6) may shall not be granted and may shall
5082 not be claimed by the permitholder until an audit is completed
5083 by the department division. The department division is required
5084 to complete the audit within 30 days of receipt of the necessary
5085 documentation from the permitholder to verify the permitholder’s
5086 claim for tax credits. If the documentation submitted by the
5087 permitholder is incomplete or is insufficient to document the
5088 permitholder’s claim for tax credits, the department division
5089 may request such additional documentation as is necessary to
5090 complete the audit. Upon receipt of the department’s division’s
5091 written request for additional documentation, the 30-day time
5092 limitation will commence anew.
5093 (10) The department may division is authorized to adopt
5094 such rules as are necessary to facilitate the conduct of the
5095 Breeders’ Cup Meet, including as authorized in this section.
5096 Included within this grant of authority shall be the adoption or
5097 waiver of rules regarding the overall conduct of racing during
5098 the Breeders’ Cup Meet so as to ensure the integrity of the
5099 races, licensing for all participants, special stabling and
5100 training requirements for foreign horses, commingling of pari
5101 mutuel pools, and audit requirements for tax credits and other
5102 benefits.
5103 (11) Any dispute between the department division and any
5104 permitholder regarding the tax credits authorized under
5105 subsection (3), subsection (5), or subsection (6) shall be
5106 determined by a hearing officer of the Division of
5107 Administrative Hearings under the provisions of s. 120.57(1).
5108 (12) The provisions of This section prevails shall prevail
5109 over any conflicting provisions of this chapter.
5110 Section 57. Section 550.2704, Florida Statutes, is amended
5111 to read:
5112 550.2704 Jai Alai Tournament of Champions Meet.—
5113 (1) Notwithstanding any provision of this chapter, there is
5114 hereby created a special jai alai meet that which shall be
5115 designated as the “Jai Alai Tournament of Champions Meet” and
5116 which shall be hosted by the Florida jai alai permitholders
5117 selected by the National Association of Jai Alai Frontons, Inc.,
5118 to conduct such meet. The meet shall consist of three qualifying
5119 performances and a final performance, each of which is to be
5120 conducted on different days. Upon the selection of the Florida
5121 permitholders for the meet, and upon application by the selected
5122 permitholders, the department Division of Pari-mutuel Wagering
5123 shall issue a license to each of the selected permitholders to
5124 operate the meet. The meet may be conducted during a season in
5125 which the permitholders selected to conduct the meet are not
5126 otherwise authorized to conduct a meet. Notwithstanding anything
5127 herein to the contrary, any Florida permitholder who is to
5128 conduct a performance that which is a part of the Jai Alai
5129 Tournament of Champions Meet is shall not be required to apply
5130 for the license for the said meet if it is to be run during the
5131 regular season for which such permitholder has a license.
5132 (2) Qualifying performances and the final performance of
5133 the tournament shall be held at different locations throughout
5134 the state, and the permitholders selected shall be under
5135 different ownership to the extent possible.
5136 (3) Notwithstanding any provision of this chapter, each of
5137 the permitholders licensed to conduct performances comprising
5138 the Jai Alai Tournament of Champions Meet shall pay no taxes on
5139 handle under s. 550.0951 or s. 550.09511 for any performance
5140 conducted by such permitholder as part of the Jai Alai
5141 Tournament of Champions Meet. The provisions of this subsection
5142 shall apply to a maximum of four performances.
5143 (4) The Jai Alai Tournament of Champions Meet permitholders
5144 shall also receive a credit against the taxes, otherwise due and
5145 payable under s. 550.0951 or s. 550.09511, generated during the
5146 said permitholders’ current regular meet. This credit shall be
5147 in the aggregate amount of $150,000, shall be prorated equally
5148 between the permitholders, and shall be used utilized by the
5149 permitholders solely to supplement awards for the performance
5150 conducted during the Jai Alai Tournament of Champions Meet. All
5151 awards shall be paid to the tournament’s participating players
5152 no later than 30 days following the conclusion of the said Jai
5153 Alai Tournament of Champions Meet.
5154 (5) In addition to the credit authorized in subsection (4),
5155 the Jai Alai Tournament of Champions Meet permitholders shall
5156 receive a credit against the taxes, otherwise due and payable
5157 under s. 550.0951 or s. 550.09511, generated during the said
5158 permitholders’ current regular meet, in an amount not to exceed
5159 the aggregate amount of $150,000, which shall be prorated
5160 equally between the permitholders, and shall be used utilized by
5161 the permitholders for such capital improvements and
5162 extraordinary expenses, including marketing expenses, as may be
5163 necessary for the operation of the meet. The determination of
5164 the amount to be credited shall be made by the department
5165 division upon application by the of said permitholders.
5166 (6) The permitholder is shall be entitled to a said
5167 permitholder’s pro rata share of the $150,000 tax credit
5168 provided in subsection (5) without having to make application,
5169 so long as appropriate documentation to substantiate the said
5170 expenditures thereunder is provided to the department division
5171 within 30 days following said Jai Alai Tournament of Champions
5172 Meet.
5173 (7) A No Jai Alai Tournament of Champions Meet may not
5174 shall exceed 4 days in any state fiscal year, and only no more
5175 than one performance may shall be conducted on any one day of
5176 the meet. There shall be Only one Jai Alai Tournament of
5177 Champions Meet may occur in any state fiscal year.
5178 (8) The department may division is authorized to adopt such
5179 rules as are necessary to facilitate the conduct of the Jai Alai
5180 Tournament of Champions Meet, including as authorized in this
5181 section. Included within this grant of authority shall be the
5182 adoption of rules regarding the overall conduct of the
5183 tournament so as to ensure the integrity of the event, licensing
5184 for participants, commingling of pari-mutuel pools, and audit
5185 requirements for tax credits and exemptions.
5186 (9) The provisions of This section prevails shall prevail
5187 over any conflicting provisions of this chapter.
5188 Section 58. Subsections (3) and (5) of section 550.334,
5189 Florida Statutes, are amended to read:
5190 550.334 Quarter horse racing; substitutions.—
5191 (3) Quarter horses participating in such races must be duly
5192 registered by the American Quarter Horse Association, and before
5193 each race such horses must be examined and declared in fit
5194 condition by a qualified person designated by the department
5195 division.
5196 (5) Any quarter horse racing permitholder operating under a
5197 valid permit issued by the department division is authorized to
5198 substitute races of other breeds of horses which are,
5199 respectively, registered with the American Paint Horse
5200 Association, Appaloosa Horse Club, Arabian Horse Registry of
5201 America, Palomino Horse Breeders of America, United States
5202 Trotting Association, Florida Cracker Horse Association, or
5203 Jockey Club for no more than 50 percent of the quarter horse
5204 races during its meet.
5205 Section 59. Section 550.3355, Florida Statutes, is amended
5206 to read:
5207 550.3355 Harness track licenses for summer quarter horse
5208 racing.—Any harness track licensed to operate under the
5209 provisions of s. 550.375 may make application for, and shall be
5210 issued by the department division, a license to operate not more
5211 than 50 quarter horse racing days during the summer season,
5212 which shall extend from July 1 until October 1 of each year.
5213 However, this license to operate quarter horse racing for 50
5214 days is in addition to the racing days and dates provided in s.
5215 550.375 for harness racing during the winter seasons; and, it
5216 does not affect the right of such licensee to operate harness
5217 racing at the track as provided in s. 550.375 during the winter
5218 season. All provisions of this chapter governing quarter horse
5219 racing not in conflict herewith apply to the operation of
5220 quarter horse meetings authorized hereunder, except that all
5221 quarter horse racing permitted hereunder shall be conducted at
5222 night.
5223 Section 60. Subsections (3), (4), and (5) of section
5224 550.3615, Florida Statutes, are amended to read:
5225 550.3615 Bookmaking on the grounds of a permitholder;
5226 penalties; reinstatement; duties of track employees; penalty;
5227 exceptions.—
5228 (3) Any person who has been convicted of bookmaking in this
5229 state or any other state of the United States or any foreign
5230 country shall be denied admittance to and may shall not attend
5231 any racetrack or fronton in this state during its racing seasons
5232 or operating dates, including any practice or preparational
5233 days, for a period of 2 years after the date of conviction or
5234 the date of final appeal. Following the conclusion of the period
5235 of ineligibility, the department director of the division may
5236 authorize the reinstatement of an individual following a hearing
5237 on readmittance. Any such person who knowingly violates this
5238 subsection commits is guilty of a misdemeanor of the first
5239 degree, punishable as provided in s. 775.082 or s. 775.083.
5240 (4) If the activities of a person show that this law is
5241 being violated, and such activities are either witnessed or are
5242 common knowledge by any track or fronton employee, it is the
5243 duty of that employee to bring the matter to the immediate
5244 attention of the permitholder, manager, or her or his designee,
5245 who shall notify a law enforcement agency having jurisdiction.
5246 Willful failure on the part of any track or fronton employee to
5247 comply with the provisions of this subsection is a ground for
5248 the department division to suspend or revoke that employee’s
5249 license for track or fronton employment.
5250 (5) Each permittee shall display, in conspicuous places at
5251 a track or fronton and in all race and jai alai daily programs,
5252 a warning to all patrons concerning the prohibition and
5253 penalties of bookmaking contained in this section and s. 849.25.
5254 The department division shall adopt rules concerning the uniform
5255 size of all warnings and the number of placements throughout a
5256 track or fronton. Failure on the part of the permittee to
5257 display such warnings may result in the imposition of a $500
5258 fine by the department division for each offense.
5259 Section 61. Section 550.495, Florida Statutes, is amended
5260 to read:
5261 550.495 Totalisator licensing.—
5262 (1) A totalisator may not be operated at a pari-mutuel
5263 facility in this state, or at a facility located in or out of
5264 this state which is used as the primary totalisator for a race
5265 or game conducted in this state, unless the totalisator company
5266 possesses a business license issued by the department division.
5267 (2)(a) Each totalisator company must apply to the
5268 department division for an annual business license. The
5269 application must include such information as the department
5270 division by rule requires.
5271 (b) As a part of its license application, each totalisator
5272 company must agree in writing to pay to the department division
5273 an amount equal to the loss of any state revenues from missed or
5274 canceled races, games, or performances due to acts of the
5275 totalisator company or its agents or employees or failures of
5276 the totalisator system, except for circumstances beyond the
5277 control of the totalisator company or agent or employee, as
5278 determined by the department division.
5279 (c) Each totalisator company must file with the department
5280 division a performance bond, acceptable to the department
5281 division, in the sum of $250,000 issued by a surety approved by
5282 the department division or must file proof of insurance,
5283 acceptable to the department division, against financial loss in
5284 the amount of $250,000, insuring the state against such a
5285 revenue loss.
5286 (d) In the event of a loss of state tax revenues, the
5287 department division shall determine:
5288 1. The estimated revenue lost as a result of missed or
5289 canceled races, games, or performances;
5290 2. The number of races, games, or performances which is
5291 practicable for the permitholder to conduct in an attempt to
5292 mitigate the revenue loss; and
5293 3. The amount of the revenue loss which the makeup races,
5294 games, or performances will not recover and for which the
5295 totalisator company is liable.
5296 (e) Upon the making of such determinations, the department
5297 division shall issue to the totalisator company and to the
5298 affected permitholder an order setting forth the determinations
5299 of the department division.
5300 (f) If the order is contested by either the totalisator
5301 company or any affected permitholder, the provisions of chapter
5302 120 applies apply. If the totalisator company contests the order
5303 on the grounds that the revenue loss was due to circumstances
5304 beyond its control, the totalisator company has the burden of
5305 proving that circumstances vary in fact beyond its control. For
5306 purposes of this paragraph, strikes and acts of God are beyond
5307 the control of the totalisator company.
5308 (g) Upon the failure of the totalisator company to make the
5309 payment found to be due the state, the department division may
5310 cause the forfeiture of the bond or may proceed against the
5311 insurance contract, and the proceeds of the bond or contract
5312 shall be deposited into the Pari-mutuel Wagering Trust Fund. If
5313 that bond was not posted or insurance obtained, the department
5314 division may proceed against any assets of the totalisator
5315 company to collect the amounts due under this subsection.
5316 (3) If the applicant meets the requirements of this section
5317 and department division rules and pays the license fee, the
5318 department must division shall issue the license.
5319 (4) Each totalisator company shall conduct operations in
5320 accordance with rules adopted by the department division, in
5321 such form, content, and frequency as the department division by
5322 rule determines.
5323 (5) The department division and its representatives may
5324 enter and inspect any area of the premises of a licensed
5325 totalisator company, and may examine totalisator records, during
5326 the licensee’s regular business or operating hours.
5327 Section 62. Section 550.505, Florida Statutes, is amended
5328 to read:
5329 550.505 Nonwagering permits.—
5330 (1)(a) Except as provided in this section, permits and
5331 licenses issued by the department division are intended to be
5332 used for pari-mutuel wagering operations in conjunction with
5333 horseraces, dograces, or jai alai performances.
5334 (b) Subject to the requirements of this section, the
5335 department may division is authorized to issue permits for the
5336 conduct of horseracing meets without pari-mutuel wagering or any
5337 other form of wagering being conducted in conjunction therewith.
5338 Such permits shall be known as nonwagering permits and may be
5339 issued only for horseracing meets. A horseracing permitholder
5340 need not obtain an additional permit from the department
5341 division for conducting nonwagering racing under this section,
5342 but must apply to the department division for the issuance of a
5343 license under this section. The holder of a nonwagering permit
5344 is prohibited from conducting pari-mutuel wagering or any other
5345 form of wagering in conjunction with racing conducted under the
5346 permit. Nothing in This subsection does not prohibit prohibits
5347 horseracing for any stake, purse, prize, or premium.
5348 (c) The holder of a nonwagering permit is exempt from the
5349 provisions of s. 550.105 and is exempt from the imposition of
5350 daily license fees and admission tax.
5351 (2)(a) Any person not prohibited from holding any type of
5352 pari-mutuel permit under s. 550.1815 may shall be allowed to
5353 apply to the department division for a nonwagering permit. The
5354 applicant must demonstrate that the location or locations where
5355 the nonwagering permit will be used are available for such use
5356 and that the applicant has the financial ability to satisfy the
5357 reasonably anticipated operational expenses of the first racing
5358 year following final issuance of the nonwagering permit. If the
5359 racing facility is already built, the application must contain a
5360 statement, with reasonable supporting evidence, that the
5361 nonwagering permit will be used for horseracing within 1 year
5362 after the date on which it is granted. If the facility is not
5363 already built, the application must contain a statement, with
5364 reasonable supporting evidence, that substantial construction
5365 will be started within 1 year after the issuance of the
5366 nonwagering permit.
5367 (b) The department division may conduct an eligibility
5368 investigation to determine if the applicant meets the
5369 requirements of paragraph (a).
5370 (3)(a) Upon receipt of a nonwagering permit, the
5371 permitholder must apply to the department division before June 1
5372 of each year for an annual nonwagering license for the next
5373 succeeding calendar year. Such application must set forth the
5374 days and locations at which the permitholder will conduct
5375 nonwagering horseracing and must indicate any changes in
5376 ownership or management of the permitholder occurring since the
5377 date of application for the prior license.
5378 (b) On or before August 1 of each year, the department
5379 division shall issue a license authorizing the nonwagering
5380 permitholder to conduct nonwagering horseracing during the
5381 succeeding calendar year during the period and for the number of
5382 days set forth in the application, subject to all other
5383 provisions of this section.
5384 (c) The department division may conduct an eligibility
5385 investigation to determine the qualifications of any new
5386 ownership or management interest in the permit.
5387 (4) Upon the approval of racing dates by the department
5388 division, the department division shall issue an annual
5389 nonwagering license to the nonwagering permitholder.
5390 (5) Only horses registered with an established breed
5391 registration organization, which organization shall be approved
5392 by the department division, shall be raced at any race meeting
5393 authorized by this section.
5394 (6) The department division may order any person
5395 participating in a nonwagering meet to cease and desist from
5396 participating in such meet if it the division determines the
5397 person to be not of good moral character in accordance with s.
5398 550.1815. The department division may order the operators of a
5399 nonwagering meet to cease and desist from operating the meet if
5400 the department division determines the meet is being operated
5401 for any illegal purpose.
5402 Section 63. Subsection (1) of section 550.5251, Florida
5403 Statutes, is amended to read:
5404 550.5251 Florida thoroughbred racing; certain permits;
5405 operating days.—
5406 (1) Each thoroughbred permitholder shall annually, during
5407 the period commencing December 15 of each year and ending
5408 January 4 of the following year, file in writing with the
5409 department division its application to conduct one or more
5410 thoroughbred racing meetings during the thoroughbred racing
5411 season commencing on the following July 1. Each application
5412 shall specify the number and dates of all performances that the
5413 permitholder intends to conduct during that thoroughbred racing
5414 season. On or before March 15 of each year, the department
5415 division shall issue a license authorizing each permitholder to
5416 conduct performances on the dates specified in its application.
5417 Up to February 28 of each year, each permitholder may request
5418 and shall be granted changes in its authorized performances; but
5419 thereafter, as a condition precedent to the validity of its
5420 license and its right to retain its permit, each permitholder
5421 must operate the full number of days authorized on each of the
5422 dates set forth in its license.
5423 Section 64. Subsection (3) of section 550.625, Florida
5424 Statutes, is amended to read:
5425 550.625 Intertrack wagering; purses; breeders’ awards.—If a
5426 host track is a horse track:
5427 (3) The payment to a breeders’ organization shall be
5428 combined with any other amounts received by the respective
5429 breeders’ and owners’ associations as so designated. Each
5430 breeders’ and owners’ association receiving these funds shall be
5431 allowed to withhold the same percentage as set forth in s.
5432 550.2625 to be used for administering the payment of awards and
5433 for the general promotion of their respective industries. If the
5434 total combined amount received for thoroughbred breeders’ awards
5435 exceeds 15 percent of the purse required to be paid under
5436 subsection (1), the breeders’ and owners’ association, as so
5437 designated, notwithstanding any other provision of law, shall
5438 submit a plan to the department division for approval which
5439 would use the excess funds in promoting the breeding industry by
5440 increasing the purse structure for Florida-breds. Preference
5441 shall be given to the track generating such excess.
5442 Section 65. Subsection (2) of section 550.70, Florida
5443 Statutes, is amended to read:
5444 550.70 Jai alai general provisions; chief court judges
5445 required; extension of time to construct fronton; amateur jai
5446 alai contests permitted under certain conditions; playing days’
5447 limitations; locking of pari-mutuel machines.—
5448 (2) The time within which the holder of a ratified permit
5449 for jai alai or pelota has to construct and complete a fronton
5450 may be extended by the department division for a period of 24
5451 months after the date of the issuance of the permit, anything to
5452 the contrary in any statute notwithstanding.
5453 Section 66. Subsection (3) of section 550.902, Florida
5454 Statutes, is amended to read:
5455 550.902 Purposes.—The purposes of this compact are to:
5456 (3) Authorize the Department of Gaming Business and
5457 Professional Regulation to participate in this compact.
5458 Section 67. Subsection (1) of section 550.907, Florida
5459 Statutes, is amended to read:
5460 550.907 Compact committee.—
5461 (1) There is created an interstate governmental entity to
5462 be known as the “compact committee,” which shall be composed of
5463 one official from the racing commission, or the equivalent
5464 thereof, in each party state who shall be appointed, serve, and
5465 be subject to removal in accordance with the laws of the party
5466 state that she or he represents. The official from Florida shall
5467 be appointed by the Gaming Commission Secretary of Business and
5468 Professional Regulation. Pursuant to the laws of her or his
5469 party state, each official shall have the assistance of her or
5470 his state’s racing commission, or the equivalent thereof, in
5471 considering issues related to licensing of participants in pari
5472 mutuel wagering and in fulfilling her or his responsibilities as
5473 the representative from her or his state to the compact
5474 committee.
5475 Section 68. Section 551.103, Florida Statutes, is amended
5476 to read:
5477 551.103 Powers and duties of the department division and
5478 law enforcement.—
5479 (1) The department division shall adopt, pursuant to the
5480 provisions of ss. 120.536(1) and 120.54, all rules necessary to
5481 implement, administer, and regulate slot machine gaming as
5482 authorized in this chapter. Such rules must include:
5483 (a) Procedures for applying for a slot machine license and
5484 renewal of a slot machine license.
5485 (b) Technical requirements and the qualifications contained
5486 in this chapter which that are necessary to receive a slot
5487 machine license or slot machine occupational license.
5488 (c) Procedures to scientifically test and technically
5489 evaluate slot machines for compliance with this chapter. The
5490 department division may contract with an independent testing
5491 laboratory to conduct any necessary testing under this section.
5492 The independent testing laboratory must have a national
5493 reputation and be which is demonstrably competent and qualified
5494 to scientifically test and evaluate slot machines for compliance
5495 with this chapter and to otherwise perform the functions
5496 assigned to it in this chapter. An independent testing
5497 laboratory may shall not be owned or controlled by a licensee.
5498 The use of an independent testing laboratory for any purpose
5499 related to the conduct of slot machine gaming by a licensee
5500 under this chapter must shall be made from a list of one or more
5501 laboratories approved by the department division.
5502 (d) Procedures relating to slot machine revenues, including
5503 verifying and accounting for such revenues, auditing, and
5504 collecting taxes and fees consistent with this chapter.
5505 (e) Procedures for regulating, managing, and auditing the
5506 operation, financial data, and program information relating to
5507 slot machine gaming which that allow the department division and
5508 the Department of Law Enforcement to audit the operation,
5509 financial data, and program information of a slot machine
5510 licensee, as required by the department division or the
5511 Department of Law Enforcement, and provide the department
5512 division and the Department of Law Enforcement with the ability
5513 to monitor, at any time on a real-time basis, wagering patterns,
5514 payouts, tax collection, and compliance with any rules adopted
5515 by the department division for the regulation and control of
5516 slot machines operated under this chapter. Such continuous and
5517 complete access, at any time on a real-time basis, shall include
5518 the ability of either the department division or the Department
5519 of Law Enforcement to suspend play immediately on particular
5520 slot machines if monitoring of the facilities-based computer
5521 system indicates possible tampering or manipulation of those
5522 slot machines or the ability to suspend play immediately of the
5523 entire operation if the tampering or manipulation is of the
5524 computer system itself. The department division shall notify the
5525 Department of Law Enforcement or the Department of Law
5526 Enforcement shall notify the department division, as
5527 appropriate, whenever there is a suspension of play under this
5528 paragraph. The department division and the Department of Law
5529 Enforcement shall exchange such information necessary for and
5530 cooperate in the investigation of the circumstances requiring
5531 suspension of play under this paragraph.
5532 (f) Procedures for requiring each licensee at his or her
5533 own cost and expense to supply the department division with a
5534 bond having the penal sum of $2 million payable to the Governor
5535 and his or her successors in office for each year of the
5536 licensee’s slot machine operations. Any bond shall be issued by
5537 a surety or sureties approved by the department division and the
5538 Chief Financial Officer, conditioned to faithfully make the
5539 payments to the Chief Financial Officer in his or her capacity
5540 as treasurer of the department division. The licensee shall be
5541 required to keep its books and records and make reports as
5542 provided in this chapter and to conduct its slot machine
5543 operations in conformity with this chapter and all other
5544 provisions of law. Such bond shall be separate and distinct from
5545 the bond required in s. 550.125.
5546 (g) Procedures for requiring licensees to maintain
5547 specified records and submit any data, information, record, or
5548 report, including financial and income records, required by this
5549 chapter or determined by the department division to be necessary
5550 to the proper implementation and enforcement of this chapter.
5551 (h) A requirement that the payout percentage of a slot
5552 machine be no less than 85 percent.
5553 (i) Minimum standards for security of the facilities,
5554 including floor plans, security cameras, and other security
5555 equipment.
5556 (j) Procedures for requiring slot machine licensees to
5557 implement and establish drug-testing programs for all slot
5558 machine occupational licensees.
5559 (2) The department division shall conduct such
5560 investigations necessary to fulfill its responsibilities under
5561 the provisions of this chapter.
5562 (3) The Department of Law Enforcement and local law
5563 enforcement agencies shall have concurrent jurisdiction to
5564 investigate criminal violations of this chapter and may
5565 investigate any other criminal violation of law occurring at the
5566 facilities of a slot machine licensee, and such investigations
5567 may be conducted in conjunction with the appropriate state
5568 attorney.
5569 (4)(a) The department division, the Department of Law
5570 Enforcement, and local law enforcement agencies shall have
5571 unrestricted access to the slot machine licensee’s facility at
5572 all times and shall require of each slot machine licensee strict
5573 compliance with the laws of this state relating to the
5574 transaction of such business. The department division, the
5575 Department of Law Enforcement, and local law enforcement
5576 agencies may:
5577 1. Inspect and examine premises where slot machines are
5578 offered for play.
5579 2. Inspect slot machines and related equipment and
5580 supplies.
5581 (b) In addition, the department division may:
5582 1. Collect taxes, assessments, fees, and penalties.
5583 2. Deny, revoke, suspend, or place conditions on the
5584 license of a person who violates any provision of this chapter
5585 or rule adopted pursuant thereto.
5586 (5) The department division shall revoke or suspend the
5587 license of any person who is no longer qualified or who is
5588 found, after receiving a license, to have been unqualified at
5589 the time of application for the license.
5590 (6) This section does not:
5591 (a) Prohibit the Department of Law Enforcement or any law
5592 enforcement authority whose jurisdiction includes a licensed
5593 facility from conducting investigations of criminal activities
5594 occurring at the facility of the slot machine licensee;
5595 (b) Restrict access to the slot machine licensee’s facility
5596 by the Department of Law Enforcement or any local law
5597 enforcement authority whose jurisdiction includes the slot
5598 machine licensee’s facility; or
5599 (c) Restrict access by the Department of Law Enforcement or
5600 local law enforcement authorities to information and records
5601 necessary to the investigation of criminal activity which that
5602 are contained within the slot machine licensee’s facility.
5603 Section 69. Section 551.1045, Florida Statutes, is amended
5604 to read:
5605 551.1045 Temporary licenses.—
5606 (1) Notwithstanding any provision of s. 120.60 to the
5607 contrary, the department division may issue a temporary
5608 occupational license upon the receipt of a complete application
5609 from the applicant and a determination that the applicant has
5610 not been convicted of or had adjudication withheld on any
5611 disqualifying criminal offense. The temporary occupational
5612 license remains valid until such time as the department division
5613 grants an occupational license or notifies the applicant of its
5614 intended decision to deny the applicant a license pursuant to
5615 the provisions of s. 120.60. The department division shall adopt
5616 rules to administer this subsection. However, not more than one
5617 temporary license may be issued for any person in any year.
5618 (2) A temporary license issued under this section is
5619 nontransferable.
5620 Section 70. Subsection (3) of section 551.105, Florida
5621 Statutes, is amended to read:
5622 551.105 Slot machine license renewal.—
5623 (3) Upon determination by the department division that the
5624 application for renewal is complete and qualifications have been
5625 met, including payment of the renewal fee, the slot machine
5626 license shall be renewed annually.
5627 Section 71. Section 551.107, Florida Statutes, is amended
5628 to read:
5629 551.107 Slot machine occupational license; findings;
5630 application; fee.—
5631 (1) The Legislature finds that individuals and entities
5632 that are licensed under this section require heightened state
5633 scrutiny, including the submission by the individual licensees
5634 or persons associated with the entities described in this
5635 chapter of fingerprints for a criminal history record check.
5636 (2)(a) The following slot machine occupational licenses
5637 shall be issued to persons or entities that, by virtue of the
5638 positions they hold, might be granted access to slot machine
5639 gaming areas or to any other person or entity in one of the
5640 following categories:
5641 1. General occupational licenses for general employees,
5642 including food service, maintenance, and other similar service
5643 and support employees having access to the slot machine gaming
5644 area.
5645 2. Professional occupational licenses for any person,
5646 proprietorship, partnership, corporation, or other entity that
5647 is authorized by a slot machine licensee to manage, oversee, or
5648 otherwise control daily operations as a slot machine manager, a
5649 floor supervisor, security personnel, or any other similar
5650 position of oversight of gaming operations, or any person who is
5651 not an employee of the slot machine licensee and who provides
5652 maintenance, repair, or upgrades or otherwise services a slot
5653 machine or other slot machine equipment.
5654 3. Business occupational licenses for any slot machine
5655 management company or company associated with slot machine
5656 gaming, any person who manufactures, distributes, or sells slot
5657 machines, slot machine paraphernalia, or other associated
5658 equipment to slot machine licensees, or any company that sells
5659 or provides goods or services associated with slot machine
5660 gaming to slot machine licensees.
5661 (b) The department division may issue one license to
5662 combine licenses under this section with pari-mutuel
5663 occupational licenses and cardroom licenses pursuant to s.
5664 550.105(2)(b). The department division shall adopt rules
5665 pertaining to occupational licenses under this subsection. Such
5666 rules may specify, but need not be limited to, requirements and
5667 restrictions for licensed occupations and categories, procedures
5668 to apply for any license or combination of licenses,
5669 disqualifying criminal offenses for a licensed occupation or
5670 categories of occupations, and which types of occupational
5671 licenses may be combined into a single license under this
5672 section. The fingerprinting requirements of subsection (7) apply
5673 to any combination license that includes slot machine license
5674 privileges under this section. The department division may not
5675 adopt a rule allowing the issuance of an occupational license to
5676 any person who does not meet the minimum background
5677 qualifications under this section.
5678 (c) Slot machine occupational licenses are not
5679 transferable.
5680 (3) A slot machine licensee may not employ or otherwise
5681 allow a person to work at a licensed facility unless such person
5682 holds the appropriate valid occupational license. A slot machine
5683 licensee may not contract or otherwise do business with a
5684 business required to hold a slot machine occupational license
5685 unless the business holds such a license. A slot machine
5686 licensee may not employ or otherwise allow a person to work in a
5687 supervisory or management professional level at a licensed
5688 facility unless such person holds a valid slot machine
5689 occupational license. All slot machine occupational licensees,
5690 while present in slot machine gaming areas, shall display on
5691 their persons their occupational license identification cards.
5692 (4)(a) A person seeking a slot machine occupational license
5693 or renewal thereof shall make application on forms prescribed by
5694 the department division and include payment of the appropriate
5695 application fee. Initial and renewal applications for slot
5696 machine occupational licenses must contain all information that
5697 the department division, by rule, determines is required to
5698 ensure eligibility.
5699 (b) A slot machine license or combination license is valid
5700 for the same term as a pari-mutuel occupational license issued
5701 pursuant to s. 550.105(1).
5702 (c) Pursuant to rules adopted by the department division,
5703 any person may apply for and, if qualified, be issued a slot
5704 machine occupational license valid for a period of 3 years upon
5705 payment of the full occupational license fee for each of the 3
5706 years for which the license is issued. The slot machine
5707 occupational license is valid during its specified term at any
5708 licensed facility where slot machine gaming is authorized to be
5709 conducted.
5710 (d) The slot machine occupational license fee for initial
5711 application and annual renewal shall be determined by rule of
5712 the department division but may not exceed $50 for a general or
5713 professional occupational license for an employee of the slot
5714 machine licensee or $1,000 for a business occupational license
5715 for nonemployees of the licensee providing goods or services to
5716 the slot machine licensee. License fees for general occupational
5717 licensees shall be paid by the slot machine licensee. Failure to
5718 pay the required fee constitutes grounds for disciplinary action
5719 by the department division against the slot machine licensee,
5720 but it is not a violation of this chapter or rules of the
5721 department division by the general occupational licensee and
5722 does not prohibit the initial issuance or the renewal of the
5723 general occupational license.
5724 (5) The department division may:
5725 (a) Deny an application for, or revoke, suspend, or place
5726 conditions or restrictions on, a license of a person or entity
5727 that has been refused a license by any other state gaming
5728 commission, governmental department, agency, or other authority
5729 exercising regulatory jurisdiction over the gaming of another
5730 state or jurisdiction; or
5731 (b) Deny an application for, or suspend or place conditions
5732 on, a license of any person or entity that is under suspension
5733 or has unpaid fines in another state or jurisdiction.
5734 (6)(a) The department division may deny, suspend, revoke,
5735 or refuse to renew any slot machine occupational license if the
5736 applicant for such license or the licensee has violated the
5737 provisions of this chapter or the rules of the department
5738 division governing the conduct of persons connected with slot
5739 machine gaming. In addition, the department division may deny,
5740 suspend, revoke, or refuse to renew any slot machine
5741 occupational license if the applicant for such license or the
5742 licensee has been convicted in this state, in any other state,
5743 or under the laws of the United States of a capital felony, a
5744 felony, or an offense in any other state which that would be a
5745 felony under the laws of this state involving arson; trafficking
5746 in, conspiracy to traffic in, smuggling, importing, conspiracy
5747 to smuggle or import, or delivery, sale, or distribution of a
5748 controlled substance; racketeering; or a crime involving a lack
5749 of good moral character, or has had a gaming license revoked by
5750 this state or any other jurisdiction for any gaming-related
5751 offense.
5752 (b) The department division may deny, revoke, or refuse to
5753 renew any slot machine occupational license if the applicant for
5754 such license or the licensee has been convicted of a felony or
5755 misdemeanor in this state, in any other state, or under the laws
5756 of the United States if such felony or misdemeanor is related to
5757 gambling or bookmaking as described in s. 849.25.
5758 (c) For purposes of this subsection, the term “convicted”
5759 means having been found guilty, with or without adjudication of
5760 guilt, as a result of a jury verdict, nonjury trial, or entry of
5761 a plea of guilty or nolo contendere.
5762 (7) Fingerprints for all slot machine occupational license
5763 applications shall be taken in a manner approved by the
5764 department division and shall be submitted electronically to the
5765 Department of Law Enforcement for state processing and the
5766 Federal Bureau of Investigation for national processing for a
5767 criminal history record check. All persons as specified in s.
5768 550.1815(1)(a) employed by or working within a licensed premises
5769 shall submit fingerprints for a criminal history record check
5770 and may not have been convicted of any disqualifying criminal
5771 offenses specified in subsection (6). Department Division
5772 employees and law enforcement officers assigned by their
5773 employing agencies to work within the premises as part of their
5774 official duties are excluded from the criminal history record
5775 check requirements under this subsection. For purposes of this
5776 subsection, the term “convicted” means having been found guilty,
5777 with or without adjudication of guilt, as a result of a jury
5778 verdict, nonjury trial, or entry of a plea of guilty or nolo
5779 contendere.
5780 (a) Fingerprints shall be taken in a manner approved by the
5781 department division upon initial application, or as required
5782 thereafter by rule of the department division, and shall be
5783 submitted electronically to the Department of Law Enforcement
5784 for state processing. The Department of Law Enforcement shall
5785 forward the fingerprints to the Federal Bureau of Investigation
5786 for national processing. The results of the criminal history
5787 record check shall be returned to the department division for
5788 purposes of screening. Licensees shall provide necessary
5789 equipment approved by the Department of Law Enforcement to
5790 facilitate such electronic submission. The department division
5791 requirements under this subsection shall be instituted in
5792 consultation with the Department of Law Enforcement.
5793 (b) The cost of processing fingerprints and conducting a
5794 criminal history record check for a general occupational license
5795 shall be borne by the slot machine licensee. The cost of
5796 processing fingerprints and conducting a criminal history record
5797 check for a business or professional occupational license shall
5798 be borne by the person being checked. The Department of Law
5799 Enforcement may submit an invoice to the department division for
5800 the cost of fingerprints submitted each month.
5801 (c) All fingerprints submitted to the Department of Law
5802 Enforcement and required by this section shall be retained by
5803 the Department of Law Enforcement and entered into the statewide
5804 automated biometric identification system as authorized by s.
5805 943.05(2)(b) and shall be available for all purposes and uses
5806 authorized for arrest fingerprints entered into the statewide
5807 automated biometric identification system pursuant to s.
5808 943.051.
5809 (d) The Department of Law Enforcement shall search all
5810 arrest fingerprints received pursuant to s. 943.051 against the
5811 fingerprints retained in the statewide automated biometric
5812 identification system under paragraph (c). Any arrest record
5813 that is identified with the retained fingerprints of a person
5814 subject to the criminal history screening requirements of this
5815 section shall be reported to the department division. Each
5816 licensed facility shall pay a fee to the department division for
5817 the cost of retention of the fingerprints and the ongoing
5818 searches under this paragraph. The department division shall
5819 forward the payment to the Department of Law Enforcement. The
5820 amount of the fee to be imposed for performing these searches
5821 and the procedures for the retention of licensee fingerprints
5822 shall be as established by rule of the Department of Law
5823 Enforcement. The department division shall inform the Department
5824 of Law Enforcement of any change in the license status of
5825 licensees whose fingerprints are retained under paragraph (c).
5826 (e) The department division shall request the Department of
5827 Law Enforcement to forward the fingerprints to the Federal
5828 Bureau of Investigation for a national criminal history records
5829 check every 3 years following issuance of a license. If the
5830 fingerprints of a person who is licensed have not been retained
5831 by the Department of Law Enforcement, the person must file a
5832 complete set of fingerprints as provided for in paragraph (a).
5833 The department division shall collect the fees for the cost of
5834 the national criminal history record check under this paragraph
5835 and shall forward the payment to the Department of Law
5836 Enforcement. The cost of processing fingerprints and conducting
5837 a criminal history record check under this paragraph for a
5838 general occupational license shall be borne by the slot machine
5839 licensee. The cost of processing fingerprints and conducting a
5840 criminal history record check under this paragraph for a
5841 business or professional occupational license shall be borne by
5842 the person being checked. The Department of Law Enforcement may
5843 submit an invoice to the department division for the cost of
5844 fingerprints submitted each month. Under penalty of perjury,
5845 each person who is licensed or who is fingerprinted as required
5846 by this section must agree to inform the department division
5847 within 48 hours if he or she is convicted of or has entered a
5848 plea of guilty or nolo contendere to any disqualifying offense,
5849 regardless of adjudication.
5850 (8) All moneys collected pursuant to this section shall be
5851 deposited into the Pari-mutuel Wagering Trust Fund.
5852 (9) The department division may deny, revoke, or suspend
5853 any occupational license if the applicant or holder of the
5854 license accumulates unpaid obligations, defaults in obligations,
5855 or issues drafts or checks that are dishonored or for which
5856 payment is refused without reasonable cause.
5857 (10) The department division may fine or suspend, revoke,
5858 or place conditions upon the license of any licensee who
5859 provides false information under oath regarding an application
5860 for a license or an investigation by the department division.
5861 (11) The department division may impose a civil fine of up
5862 to $5,000 for each violation of this chapter or the rules of the
5863 department division in addition to or in lieu of any other
5864 penalty provided for in this section. The department division
5865 may adopt a penalty schedule for violations of this chapter or
5866 any rule adopted pursuant to this chapter for which it would
5867 impose a fine in lieu of a suspension and adopt rules allowing
5868 for the issuance of citations, including procedures to address
5869 such citations, to persons who violate such rules. In addition
5870 to any other penalty provided by law, the department division
5871 may exclude from all licensed slot machine facilities in this
5872 state, for a period not to exceed the period of suspension,
5873 revocation, or ineligibility, any person whose occupational
5874 license application has been declared ineligible to hold an
5875 occupational license or whose occupational license has been
5876 suspended or revoked by the department division.
5877 Section 72. Section 551.108, Florida Statutes, is amended
5878 to read:
5879 551.108 Prohibited relationships.—
5880 (1) A person employed by or performing any function on
5881 behalf of the department division may not:
5882 (a) Be an officer, director, owner, or employee of any
5883 person or entity licensed by the department division.
5884 (b) Have or hold any interest, direct or indirect, in or
5885 engage in any commerce or business relationship with any person
5886 licensed by the department division.
5887 (2) A manufacturer or distributor of slot machines may not
5888 enter into any contract with a slot machine licensee which that
5889 provides for any revenue sharing of any kind or nature or which
5890 that is directly or indirectly calculated on the basis of a
5891 percentage of slot machine revenues. Any maneuver, shift, or
5892 device whereby this subsection is violated is a violation of
5893 this chapter and renders any such agreement void.
5894 (3) A manufacturer or distributor of slot machines or any
5895 equipment necessary for the operation of slot machines or an
5896 officer, director, or employee of any such manufacturer or
5897 distributor may not have any ownership or financial interest in
5898 a slot machine license or in any business owned by the slot
5899 machine licensee.
5900 (4) An employee of the department division or relative
5901 living in the same household as the such employee of the
5902 department division may not wager at any time on a slot machine
5903 located at a facility licensed by the department division.
5904 (5) An occupational licensee or relative living in the same
5905 household as such occupational licensee may not wager at any
5906 time on a slot machine located at a facility where that person
5907 is employed.
5908 Section 73. Subsections (2) and (7) of section 551.109,
5909 Florida Statutes, are amended to read:
5910 551.109 Prohibited acts; penalties.—
5911 (2) Except as otherwise provided by law and in addition to
5912 any other penalty, any person who possesses a slot machine
5913 without the license required by this chapter or who possesses a
5914 slot machine at any location other than at the slot machine
5915 licensee’s facility is subject to an administrative fine or
5916 civil penalty of up to $10,000 per machine. The prohibition in
5917 this subsection does not apply to:
5918 (a) Slot machine manufacturers or slot machine distributors
5919 that hold appropriate licenses issued by the department division
5920 who are authorized to maintain a slot machine storage and
5921 maintenance facility at any location in a county in which slot
5922 machine gaming is authorized by this chapter. The department
5923 division may adopt rules regarding security and access to the
5924 storage facility and inspections by the department division.
5925 (b) Certified educational facilities that are authorized to
5926 maintain slot machines for the sole purpose of education and
5927 licensure, if any, of slot machine technicians, inspectors, or
5928 investigators. The department division and the Department of Law
5929 Enforcement may possess slot machines for training and testing
5930 purposes. The department division may adopt rules regarding the
5931 regulation of any such slot machines used for educational,
5932 training, or testing purposes.
5933 (7) All penalties imposed and collected under this section
5934 must be deposited into the Pari-mutuel Wagering Trust Fund of
5935 the Department of Business and Professional Regulation.
5936 Section 74. Section 551.112, Florida Statutes, is amended
5937 to read:
5938 551.112 Exclusions of certain persons.—In addition to the
5939 power to exclude certain persons from any facility of a slot
5940 machine licensee in this state, the department division may
5941 exclude any person from any facility of a slot machine licensee
5942 in this state for conduct that would constitute, if the person
5943 were a licensee, a violation of this chapter or the rules of the
5944 department division. The department division may exclude from
5945 any facility of a slot machine licensee any person who has been
5946 ejected from a facility of a slot machine licensee in this state
5947 or who has been excluded from any facility of a slot machine
5948 licensee or gaming facility in another state by the governmental
5949 department, agency, commission, or authority exercising
5950 regulatory jurisdiction over the gaming in such other state.
5951 This section does not abrogate the common law right of a slot
5952 machine licensee to exclude a patron absolutely in this state.
5953 Section 75. Section 551.117, Florida Statutes, is amended
5954 to read:
5955 551.117 Penalties.—The department division may revoke or
5956 suspend any slot machine license issued under this chapter upon
5957 the willful violation by the slot machine licensee of any
5958 provision of this chapter or of any rule adopted under this
5959 chapter. In lieu of suspending or revoking a slot machine
5960 license, the department division may impose a civil penalty
5961 against the slot machine licensee for a violation of this
5962 chapter or any rule adopted by the department division. Except
5963 as otherwise provided in this chapter, the penalty so imposed
5964 may not exceed $100,000 for each count or separate offense. All
5965 penalties imposed and collected must be deposited into the Pari
5966 mutuel Wagering Trust Fund of the Department of Business and
5967 Professional Regulation.
5968 Section 76. Section 551.118, Florida Statutes, is amended
5969 to read:
5970 551.118 Compulsive or addictive gambling prevention
5971 program.—
5972 (1) The slot machine licensee shall offer training to
5973 employees on responsible gaming and shall work with a compulsive
5974 or addictive gambling prevention program to recognize problem
5975 gaming situations and to implement responsible gaming programs
5976 and practices.
5977 (2) The department division shall, subject to competitive
5978 bidding, contract for provision of services related to the
5979 prevention of compulsive and addictive gambling. The contract
5980 shall provide for an advertising program to encourage
5981 responsible gaming practices and to publicize a gambling
5982 telephone help line. Such advertisements must be made both
5983 publicly and inside the designated slot machine gaming areas of
5984 the licensee’s facilities. The terms of any contract for the
5985 provision of such services shall include accountability
5986 standards that must be met by any private provider. The failure
5987 of any private provider to meet any material terms of the
5988 contract, including the accountability standards, shall
5989 constitute a breach of contract or grounds for nonrenewal. The
5990 department division may consult with the Department of the
5991 Lottery in the development of the program and the development
5992 and analysis of any procurement for contractual services for the
5993 compulsive or addictive gambling prevention program.
5994 (3) The compulsive or addictive gambling prevention program
5995 shall be funded from an annual nonrefundable regulatory fee of
5996 $250,000 paid by the licensee to the department division.
5997 Section 77. Section 551.122, Florida Statutes, is amended
5998 to read:
5999 551.122 Rulemaking.—The department division may adopt rules
6000 pursuant to ss. 120.536(1) and 120.54 to administer the
6001 provisions of this chapter.
6002 Section 78. Section 551.123, Florida Statutes, is amended
6003 to read:
6004 551.123 Legislative authority; administration of chapter.
6005 The Legislature finds and declares that it has exclusive
6006 authority over the conduct of all wagering occurring at a slot
6007 machine facility in this state. As provided by law, only the
6008 Department of Gaming Division of Pari-mutuel Wagering and other
6009 authorized state agencies shall administer this chapter and
6010 regulate the slot machine gaming industry, including operation
6011 of slot machine facilities, games, slot machines, and
6012 facilities-based computer systems authorized in this chapter and
6013 the rules adopted by the department division.
6014 Section 79. Subsection (5) of section 565.02, Florida
6015 Statutes, is amended to read:
6016 565.02 License fees; vendors; clubs; caterers; and others.—
6017 (5) A caterer at a horse or dog racetrack or jai alai
6018 fronton may obtain a license upon the payment of an annual state
6019 license tax of $675. Such caterer’s license shall permit sales
6020 only within the enclosure in which such races or jai alai games
6021 are conducted, and such licensee shall be permitted to sell only
6022 during the period beginning 10 days before and ending 10 days
6023 after racing or jai alai under the authority of the Division of
6024 Pari-mutuel Wagering of the Department of Gaming Business and
6025 Professional Regulation is conducted at such racetrack or jai
6026 alai fronton. Except as otherwise provided in this subsection
6027 otherwise provided, caterers licensed hereunder shall be treated
6028 as vendors licensed to sell by the drink the beverages mentioned
6029 herein and shall be subject to all the provisions hereof
6030 relating to such vendors.
6031 Section 80. Section 817.37, Florida Statutes, is amended to
6032 read:
6033 817.37 Touting; defining; providing punishment; ejection
6034 from racetracks.—
6035 (1) Any person who knowingly and designedly by false
6036 representation attempts to, or does persuade, procure, or cause
6037 another person to wager on a horse in a race to be run in this
6038 state or elsewhere, and upon which money is wagered in this
6039 state, and who asks or demands compensation as a reward for
6040 information or purported information given in such case is a
6041 tout, and commits is guilty of touting.
6042 (2) Any person who is a tout, or who attempts or conspires
6043 to commit touting, commits shall be guilty of a misdemeanor of
6044 the second degree, punishable as provided in s. 775.082 or s.
6045 775.083.
6046 (3) Any person who in the commission of touting falsely
6047 uses the name of any official of the Department of Gaming
6048 Florida Division of Pari-mutuel Wagering, its inspectors or
6049 attaches, or of any official of any racetrack association, or
6050 the names of any owner, trainer, jockey, or other person
6051 licensed by the Department of Gaming Florida Division of Pari
6052 mutuel Wagering, as the source of any information or purported
6053 information commits shall be guilty of a felony of the third
6054 degree, punishable as provided in s. 775.082, s. 775.083, or s.
6055 775.084.
6056 (4) Any person who has been convicted of touting by any
6057 court, and the record of whose conviction on such charge is on
6058 file in the office of the Department of Gaming Florida Division
6059 of Pari-mutuel Wagering, any court of this state, or of the
6060 Federal Bureau of Investigation, or any person who has been
6061 ejected from any racetrack of this or any other state for
6062 touting or practices inimical to the public interest shall be
6063 excluded from all racetracks in this state and if such person
6064 returns to a racetrack he or she commits shall be guilty of a
6065 misdemeanor of the second degree, punishable as provided in s.
6066 775.082 or s. 775.083. Any such person who refuses to leave such
6067 track when ordered to do so by inspectors of the Department of
6068 Gaming Florida Division of Pari-mutuel Wagering or by any peace
6069 officer, or by an accredited attache of a racetrack or
6070 association commits shall be guilty of a separate offense that
6071 is which shall be a misdemeanor of the second degree, punishable
6072 as provided in s. 775.083.
6073 Section 81. The provisions of this act are not severable.
6074 If this act or any portion of this act is determined to be
6075 unconstitutional or the applicability thereof to any person or
6076 circumstance is held invalid:
6077 (1) Such determination shall render all other provisions or
6078 applications of this act invalid; and
6079 (2) This act is deemed never to have become law.
6080 Section 82. This act shall take effect only if Senate
6081 Proposed Bill 7074, 2016 Regular Session, or similar legislation
6082 becomes law ratifying the Gaming Compact between the Seminole
6083 Tribe of Florida and the State of Florida executed by the
6084 Governor and the Seminole Tribe of Florida on December 7, 2015,
6085 under the Indian Gaming Regulatory Act of 1988, and only if such
6086 compact is approved or deemed approved, and not voided by the
6087 United States Department of the Interior, and except as
6088 otherwise expressly provided and except for this section, which
6089 shall take effect upon becoming a law, this act shall take
6090 effect on the date that the approved compact is published in the
6091 Federal Register.
6092
6093 ================= T I T L E A M E N D M E N T ================
6094 And the title is amended as follows:
6095 Delete everything before the enacting clause
6096 and insert:
6097 A bill to be entitled
6098 An act relating to gaming; creating s. 20.318, F.S.;
6099 creating the Department of Gaming; providing that the
6100 head of the Department of Gaming is the Gaming
6101 Commission; providing for the appointment and
6102 composition of the commission; requiring that certain
6103 appointees to the commission have specified areas of
6104 experience; prohibiting a person from being appointed
6105 to or serving as a member of the commission in certain
6106 circumstances; providing for staggered terms for the
6107 initial appointments of the commission; requiring the
6108 Governor to appoint successors to the commission;
6109 providing for the filling of vacancies on the
6110 commission; prohibiting a member of the commission
6111 from serving more than two full terms; providing the
6112 headquarters of the commission; authorizing the
6113 commission to establish field offices as necessary;
6114 requiring the initial meeting of the commission to be
6115 held by a specified date; requiring the members of the
6116 commission to elect a chairman; requiring the
6117 commission to meet at least monthly, upon the call of
6118 the chairman or upon the call of the majority of the
6119 commission; requiring the commission to appoint an
6120 executive director; authorizing the executive director
6121 to hire specified assistants and employees;
6122 prohibiting certain persons from having a specified
6123 financial interest, engaging in any political
6124 activity, and engaging in specified outside
6125 employment; requiring certain persons to file annual
6126 financial disclosures and disclose other specified
6127 matters; establishing divisions within the department;
6128 defining terms; specifying powers and duties of the
6129 department; authorizing the department to take
6130 testimony; authorizing the department to exclude
6131 specified persons from certain gaming establishments;
6132 authorizing the department to conduct investigations
6133 and collect fines; requiring the department to issue
6134 advisory opinions under certain circumstances;
6135 authorizing the department to employ law enforcement
6136 officers; directing the Department of Gaming to
6137 contract with the Department of Revenue for tax
6138 collection and financial audit services; authorizing
6139 the Department of Revenue to investigate certain
6140 violations; providing licensing powers of the
6141 Department of Gaming; transferring and reassigning
6142 certain functions and responsibilities, including
6143 records, personnel, property, and unexpended balances
6144 of appropriations and other resources, from the
6145 Division of Pari-mutuel Wagering within the Department
6146 of Business and Professional Regulation to the
6147 Department of Gaming by a type two transfer; providing
6148 for the continued validity of pending judicial or
6149 administrative actions to which the division is a
6150 party; providing for the continued validity of lawful
6151 orders issued by the division; transferring certain
6152 rules created by the division to the Department of
6153 Gaming; providing for the continued validity of
6154 licenses, permits, and certifications issued by the
6155 division; amending s. 20.165, F.S.; conforming
6156 provisions to changes made by the act; amending s.
6157 120.80, F.S.; providing exemptions for the Department
6158 of Gaming from hearing and notice requirements;
6159 requiring the Department of Gaming to adopt rules
6160 establishing certain procedures; amending s. 550.002,
6161 F.S.; redefining the term “full schedule of live
6162 racing or games”; defining the term “video race
6163 system”; amending s. 550.01215, F.S.; revising
6164 provisions for applications for pari-mutuel operating
6165 licenses; authorizing a greyhound racing permitholder
6166 to specify certain intentions on its application;
6167 authorizing a greyhound racing permitholder to receive
6168 an operating license to conduct pari-mutuel wagering
6169 activities at another permitholder’s greyhound racing
6170 facility; limiting the number of pari-mutuel wagering
6171 operating licenses that may be issued each year;
6172 authorizing the Department of Gaming to approve
6173 changes in racing dates for greyhound racing
6174 permitholders under certain circumstances; providing
6175 requirements for licensure of certain jai alai
6176 permitholders; deleting a provision for conversion of
6177 certain converted permits to jai alai permits;
6178 amending s. 550.0251, F.S.; requiring the department
6179 to annually report to the Governor and the
6180 Legislature; specifying requirements for the content
6181 of the report; amending s. 550.054, F.S.; requiring
6182 the department to revoke a pari-mutuel wagering
6183 operating permit under certain circumstances;
6184 prohibiting issuance or approval of new pari-mutuel
6185 permits after a specified date; authorizing a
6186 permitholder to apply to the department to place a
6187 permit in inactive status; revising provisions that
6188 prohibit transfer or assignment of a pari-mutuel
6189 permit; prohibiting transfer or assignment of a pari
6190 mutuel permit or license under certain conditions;
6191 prohibiting relocation of a pari-mutuel facility,
6192 cardroom, or slot machine facility or conversion of
6193 pari-mutuel permits to a different class; providing
6194 for approval of the relocation of such permits;
6195 deleting provisions for certain converted permits;
6196 repealing s. 550.0555, F.S., relating to the
6197 relocation of greyhound racing permits; repealing s.
6198 550.0745, F.S., relating to the conversion of pari
6199 mutuel permits to summer jai alai permits; amending s.
6200 550.0951, F.S.; deleting provisions for certain
6201 credits for a greyhound racing permitholder; revising
6202 the tax on handle for live greyhound racing and
6203 intertrack wagering if the host track is a greyhound
6204 racing track; requiring a tax on handle and fees for
6205 video race licensees; specifying how fees may be used
6206 by the department and the Department of Law
6207 Enforcement; amending s. 550.09511, F.S.; conforming a
6208 cross-reference; amending s. 550.09512, F.S.;
6209 providing for the revocation of certain harness horse
6210 racing permits; specifying that a revoked permit may
6211 not be reissued; amending s. 550.09514, F.S.; deleting
6212 certain provisions that prohibit tax on handle until a
6213 specified amount of tax savings have resulted;
6214 revising purse requirements of a greyhound racing
6215 permitholder that conducts live racing; amending s.
6216 550.09515, F.S.; providing for the revocation of
6217 certain thoroughbred racing permits; specifying that a
6218 revoked permit may not be reissued; amending s.
6219 550.1625, F.S.; deleting the requirement that a
6220 greyhound racing permitholder pay the breaks tax;
6221 repealing s. 550.1647, F.S., relating to unclaimed
6222 tickets and breaks held by greyhound racing
6223 permitholders; amending s. 550.1648, F.S.; revising
6224 requirements for a greyhound racing permitholder to
6225 provide a greyhound adoption booth at its facility;
6226 requiring sterilization of greyhounds before adoption;
6227 authorizing the fee for such sterilization to be
6228 included in the cost of adoption; defining the term
6229 “bona fide organization that promotes or encourages
6230 the adoption of greyhounds”; creating s. 550.1751,
6231 F.S.; defining terms; authorizing certain pari-mutuel
6232 permitholders to enter into agreements to sell and
6233 transfer permits to certain bidders; requiring that
6234 such permits be surrendered to the department and
6235 voided; creating s. 550.1752, F.S.; creating the
6236 permit reduction program within the department;
6237 providing a purpose for the program; providing for
6238 funding for the program up to a specified maximum
6239 amount; requiring the department to purchase pari
6240 mutuel permits from permitholders under certain
6241 circumstances; requiring that permitholders who wish
6242 to make an offer to sell meet certain requirements;
6243 requiring the department to adopt a certain form by
6244 rule; requiring that the department establish the
6245 value of a pari-mutuel permit based on the valuation
6246 of one or more independent appraisers; authorizing the
6247 department to establish a value that is lower than the
6248 valuation of the independent appraiser; requiring the
6249 department to accept the offers that best utilize
6250 available funding; requiring the department to cancel
6251 permits that it purchases through the program;
6252 providing for expiration of the program; creating s.
6253 550.2416, F.S.; requiring injuries to racing
6254 greyhounds to be reported within a certain timeframe
6255 on a form adopted by the department; requiring such
6256 form to be completed and signed under oath or
6257 affirmation by certain individuals; providing
6258 penalties; specifying information that must be
6259 included in the form; requiring the department to
6260 maintain the forms as public records for a specified
6261 time; specifying disciplinary action that may be taken
6262 against a licensee of the Department of Business and
6263 Professional Regulation who fails to report an injury
6264 or who makes false statements on an injury form;
6265 exempting injuries to certain animals from reporting
6266 requirements; requiring the department to adopt rules;
6267 amending s. 550.26165, F.S.; conforming a cross
6268 reference; amending s. 550.3345, F.S.; revising
6269 provisions for a permit previously converted from a
6270 quarter horse racing permit to a limited thoroughbred
6271 racing permit; amending s. 550.3551, F.S.; deleting a
6272 provision that limits the number of out-of-state races
6273 on which wagers are accepted by a greyhound racing
6274 permitholder; deleting a provision prohibiting a
6275 permitholder from conducting fewer than eight live
6276 races or games under certain circumstances; deleting a
6277 provision requiring certain permitholders to conduct a
6278 full schedule of live racing to receive certain full
6279 card broadcasts and accept certain wagers; amending s.
6280 550.375, F.S.; conforming a cross-reference; amending
6281 s. 550.615, F.S.; revising provisions relating to
6282 intertrack wagering; amending s. 550.6305, F.S.;
6283 revising provisions requiring that certain simulcast
6284 signals be made available to certain permitholders;
6285 authorizing certain permitholders of a converted
6286 permit to accept wagers on certain rebroadcasts;
6287 amending s. 550.6308, F.S.; revising the number of
6288 days of thoroughbred horse sales required to obtain a
6289 limited intertrack wagering license; revising
6290 provisions for such wagering; amending s. 551.101,
6291 F.S.; revising provisions that authorize slot machine
6292 gaming at certain facilities; amending s. 551.102,
6293 F.S.; revising definitions of the terms “eligible
6294 facility” and “slot machine licensee” for purposes of
6295 provisions relating to slot machines; amending s.
6296 551.104, F.S.; providing that an application to
6297 conduct slot machine gaming may be authorized only if
6298 it would not trigger a reduction in revenue-sharing
6299 under the Gaming Compact between the Seminole Tribe of
6300 Florida and the State of Florida; specifying the
6301 facilities that may be authorized by the department to
6302 conduct slot machine gaming; exempting certain
6303 greyhound racing and thoroughbred racing permitholders
6304 from a requirement that they conduct a full schedule
6305 of live racing as a condition of maintaining authority
6306 to conduct slot machine gaming; requiring licensees to
6307 withhold a specified percentage of net revenue from
6308 specified sources; creating s. 551.1041, F.S.;
6309 authorizing an additional slot machine license to be
6310 issued to a pari-mutuel permitholder for a facility in
6311 Miami-Dade County and in Palm Beach County, subject to
6312 approval by a majority of voters in a referendum in
6313 each county; providing for the conduct of the
6314 referendum; establishing the process for the issuance
6315 of new licenses; requiring that applications be made
6316 by sealed bids to the department, subject to specified
6317 prequalification procedures and requirements;
6318 specifying a minimum bid amount; authorizing a
6319 specified number of slot machines and video race
6320 terminals for play; providing requirements for slot
6321 machines and video race terminals; defining the term
6322 “video race terminal”; providing requirements for the
6323 use of net revenue withheld from certain slot machine
6324 licensees; creating s. 551.1042, F.S.; prohibiting the
6325 transfer of a slot machine license or relocation of a
6326 slot machine facility; amending s. 551.106, F.S.;
6327 deleting obsolete provisions; revising the tax rate on
6328 slot machine revenues under certain conditions;
6329 amending s. 551.114, F.S.; decreasing the number of
6330 slot machines available for play at certain
6331 facilities; requiring that specified permitholders’
6332 designated slot machine gaming areas be located within
6333 the eligible facility for which the initial license
6334 was issued; amending s. 551.116, F.S.; deleting a
6335 restriction on the number of hours that slot machine
6336 gaming areas may be open; amending s. 551.121, F.S.;
6337 authorizing the serving of complimentary or reduced
6338 cost alcoholic beverages to a person playing a slot
6339 machine; authorizing the location of an automated
6340 teller machine or similar device within designated
6341 slot machine gaming areas; amending s. 849.086, F.S.;
6342 amending legislative intent; revising definitions;
6343 authorizing certain thoroughbred racing permitholders
6344 to operate a cardroom at a specified slot facility
6345 under certain circumstances; deleting certain license
6346 renewal requirements; authorizing certain cardroom
6347 operators to offer certain designated player games;
6348 providing limits on wagers for such games; providing
6349 playing requirements for designated players; requiring
6350 each seated player to be afforded the temporary
6351 opportunity to be the designated player; prohibiting
6352 certain persons from being designated players;
6353 providing requirements for designated player games;
6354 providing that the department may only approve
6355 cardroom operators to conduct certain designated
6356 player games; requiring certain harness horse racing
6357 permitholders to use at least 50 percent of monthly
6358 net proceeds in specified ways; conforming provisions
6359 to changes made by the act; directing the department
6360 to revoke certain pari-mutuel permits; specifying that
6361 the revoked permits may not be reissued; amending ss.
6362 285.710, 550.0115, 550.0235, 550.0351, 550.0651,
6363 550.105, 550.1155, 550.125, 550.135, 550.155, 550.175,
6364 550.1815, 550.24055, 550.2415, 550.2614, 550.2625,
6365 550.26352, 550.2704, 550.334, 550.3355, 550.3615,
6366 550.495, 550.505, 550.5251, 550.625, 550.70, 550.902,
6367 550.907, 551.103, 551.1045, 551.105, 551.107, 551.108,
6368 551.109, 551.112, 551.117, 551.118, 551.122, 551.123,
6369 565.02, and 817.37, F.S.; conforming provisions to
6370 changes made by the act; conforming cross-references;
6371 deleting obsolete language; providing for
6372 nonseverability; providing a contingent effective
6373 date.