Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 7080
Ì527596XÎ527596
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2021 .
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The Committee on Appropriations (Hutson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (24) through (28) of section
6 550.002, Florida Statutes, are redesignated as subsections (25)
7 through (29), respectively, a new subsection (24) is added to
8 that section, and subsections (11), (17), (20), (21), (22),
9 (23), and (31) and present subsections (26) and (29) of that
10 section are amended, to read:
11 550.002 Definitions.—As used in this chapter, the term:
12 (11) “Full schedule of live racing or games” means, for a
13 greyhound or jai alai permitholder, the conduct of a combination
14 of at least 100 live evening or matinee performances during the
15 preceding year; for a permitholder who has a converted permit or
16 filed an application on or before June 1, 1990, for a converted
17 permit, the conduct of a combination of at least 100 live
18 evening and matinee wagering performances during either of the 2
19 preceding years; for a jai alai permitholder who does not
20 operate slot machines in its pari-mutuel facility, who has
21 conducted at least 100 live performances per year for at least
22 10 years after December 31, 1992, and whose handle on live jai
23 alai games conducted at its pari-mutuel facility has been less
24 than $4 million per state fiscal year for at least 2 consecutive
25 years after June 30, 1992, the conduct of a combination of at
26 least 40 live evening or matinee performances during the
27 preceding year; for a jai alai permitholder who operates slot
28 machines in its pari-mutuel facility, the conduct of a
29 combination of at least 150 performances during the preceding
30 year; for a harness permitholder, the conduct of at least 100
31 live regular wagering performances during the preceding year;
32 for a quarter horse permitholder at its facility unless an
33 alternative schedule of at least 20 live regular wagering
34 performances is agreed upon by the permitholder and either the
35 Florida Quarter Horse Racing Association or the horsemen’s
36 association representing the majority of the quarter horse
37 owners and trainers at the facility and filed with the division
38 along with its annual date application, in the 2010-2011 fiscal
39 year, the conduct of at least 20 regular wagering performances,
40 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
41 least 30 live regular wagering performances, and for every
42 fiscal year after the 2012-2013 fiscal year, the conduct of at
43 least 40 live regular wagering performances; for a quarter horse
44 permitholder leasing another licensed racetrack, the conduct of
45 160 events at the leased facility; and for a thoroughbred
46 permitholder, the conduct of at least 40 live regular wagering
47 performances during the preceding year. For a permitholder which
48 is restricted by statute to certain operating periods within the
49 year when other members of its same class of permit are
50 authorized to operate throughout the year, the specified number
51 of live performances which constitute a full schedule of live
52 racing or games shall be adjusted pro rata in accordance with
53 the relationship between its authorized operating period and the
54 full calendar year and the resulting specified number of live
55 performances shall constitute the full schedule of live games
56 for such permitholder and all other permitholders of the same
57 class within 100 air miles of such permitholder. A live
58 performance must consist of no fewer than eight races or games
59 conducted live for each of a minimum of three performances each
60 week at the permitholder’s licensed facility under a single
61 admission charge.
62 (17) “Intertrack wager” or “intertrack wagering” means a
63 particular form of pari-mutuel wagering in which wagers are
64 accepted at a permitted, in-state track, fronton, or pari-mutuel
65 facility on a race or game transmitted from and performed live
66 at, or simulcast signal rebroadcast from, another in-state pari
67 mutuel facility.
68 (20) “Meet” or “meeting” means the conduct of live racing
69 or jai alai, or wagering on intertrack or simulcast events, for
70 any stake, purse, prize, or premium.
71 (21) “Operating day” means a continuous period of 24 hours
72 starting with the beginning of the first performance of a race
73 or game, even though the operating day may start during one
74 calendar day and extend past midnight except that no greyhound
75 race or jai alai game may commence after 1:30 a.m.
76 (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
77 of betting on races or games in which the winners divide the
78 total amount bet, after deducting management expenses and taxes,
79 in proportion to the sums they have wagered individually and
80 with regard to the odds assigned to particular outcomes.
81 (23) “Pari-mutuel facility” means the grounds or property
82 of a cardroom, racetrack, fronton, or other facility used by a
83 licensed permitholder for the conduct of pari-mutuel wagering.
84 (24) “Permitholder” or “permittee” means a holder of a
85 permit to conduct pari-mutuel wagering in this state as
86 authorized in this chapter.
87 (27)(26) “Post time” means the time set for the arrival at
88 the starting point of the horses or greyhounds in a race or the
89 beginning of a game in jai alai.
90 (29) “Racing greyhound” means a greyhound that is or was
91 used, or is being bred, raised, or trained to be used, in racing
92 at a pari-mutuel facility and is registered with the National
93 Greyhound Association.
94 (31) “Same class of races, games, or permit” means, with
95 respect to a jai alai permitholder, jai alai games or other jai
96 alai permitholders; with respect to a greyhound permitholder,
97 greyhound races or other greyhound permitholders conducting
98 pari-mutuel wagering; with respect to a thoroughbred
99 permitholder, thoroughbred races or other thoroughbred
100 permitholders; with respect to a harness permitholder, harness
101 races or other harness permitholders; with respect to a quarter
102 horse permitholder, quarter horse races or other quarter horse
103 permitholders.
104 Section 2. Section 550.0115, Florida Statutes, is amended
105 to read:
106 550.0115 Permitholder operating license.—After a permit has
107 been issued by the division, and after the permit has been
108 approved by election, the division shall issue to the
109 permitholder an annual operating license to conduct pari-mutuel
110 wagering operations at the location specified in the permit
111 pursuant to the provisions of this chapter.
112 Section 3. Section 550.01215, Florida Statutes, is amended
113 to read:
114 550.01215 License application; periods of operation;
115 license fees; bond, conversion of permit.—
116 (1) Each permitholder shall annually, during the period
117 between December 15 and January 4, file in writing with the
118 division its application for an operating a license for a pari
119 mutuel facility for the conduct of pari-mutuel wagering during
120 the next state fiscal year, including intertrack and simulcast
121 race wagering to conduct performances during the next state
122 fiscal year. Each application for live performances must shall
123 specify the number, dates, and starting times of all live
124 performances that which the permitholder intends to conduct. It
125 must shall also specify which performances will be conducted as
126 charity or scholarship performances.
127 (a) In addition, Each application for an operating a
128 license also must shall include:,
129 1. For each permitholder, whether the permitholder intends
130 to accept wagers on intertrack or simulcast events.
131 2. For each permitholder that which elects to operate a
132 cardroom, the dates and periods of operation the permitholder
133 intends to operate the cardroom. or,
134 3. For each thoroughbred racing permitholder that which
135 elects to receive or rebroadcast out-of-state races after 7
136 p.m., the dates for all performances that which the permitholder
137 intends to conduct.
138 (b)1. A greyhound permitholder may not conduct live racing.
139 A jai alai permitholder, harness horse racing permitholder, or
140 quarter horse racing permitholder may elect not to conduct live
141 racing or games. Except as provided in s. 550.5251(1)(b), a
142 thoroughbred permitholder must conduct live racing. A greyhound
143 permitholder, jai alai permitholder, harness horse racing
144 permitholder, or quarter horse racing permitholder that does not
145 conduct live racing or games retains its permit; is a pari
146 mutuel facility as defined in s. 550.002(23); if such
147 permitholder has been issued a slot machine license, the
148 facility where such permit is located remains an eligible
149 facility as defined in s. 551.102(4), continues to be eligible
150 for a slot machine license pursuant to s. 551.104(3), and is
151 exempt from ss. 551.104(4)(c) and (10) and 551.114(2) and (4);
152 is eligible, but not required, to be a guest track and, if the
153 permitholder is a harness horse racing permitholder, to be a
154 host track for purposes of intertrack wagering and simulcasting
155 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
156 remains eligible for a cardroom license.
157 2. A permitholder or licensee may not conduct live
158 greyhound racing or dogracing in connection with any wager for
159 money or any other thing of value in the state. The division may
160 deny, suspend, or revoke any permit or license under this
161 chapter if a permitholder or licensee conducts live greyhound
162 racing or dogracing in violation of this subparagraph. In
163 addition to, or in lieu of, denial, suspension, or revocation,
164 the division may impose a civil penalty of up to $5,000 against
165 the permitholder or licensee for a violation of this
166 subparagraph. All penalties imposed and collected must be
167 deposited with the Chief Financial Officer to the credit of the
168 General Revenue Fund.
169 (c) Permitholders may shall be entitled to amend their
170 applications through February 28.
171 (d) Notwithstanding any other provision of law, other than
172 a permitholder issued a permit pursuant to s. 550.3345, a pari
173 mutuel permitholder may not be issued an operating license for
174 the conduct of pari-mutuel wagering, slot machine gaming, or the
175 operation of a cardroom if the permitholder did not hold an
176 operating license on January 1, 2021.
177 (2) After the first license has been issued to a
178 permitholder, all subsequent annual applications for a license
179 shall be accompanied by proof, in such form as the division may
180 by rule require, that the permitholder continues to possess the
181 qualifications prescribed by this chapter, and that the permit
182 has not been disapproved at a later election.
183 (3) The division shall issue each license no later than
184 March 15. Each permitholder shall operate all performances at
185 the date and time specified on its license. The division shall
186 have the authority to approve minor changes in racing dates
187 after a license has been issued. The division may approve
188 changes in racing dates after a license has been issued when
189 there is no objection from any operating permitholder located
190 within 50 miles of the permitholder requesting the changes in
191 operating dates. In the event of an objection, the division
192 shall approve or disapprove the change in operating dates based
193 upon the impact on operating permitholders located within 50
194 miles of the permitholder requesting the change in operating
195 dates. In making the determination to change racing dates, the
196 division shall take into consideration the impact of such
197 changes on state revenues. Notwithstanding any other provision
198 of law, and for the 2021-2022 state fiscal year only, the
199 division may approve changes in operating dates for a jai alai
200 permitholder, harness horse racing permitholder, or quarter
201 horse racing permitholder if the request for such changes is
202 received before July 1, 2021.
203 (4) In the event that a permitholder fails to operate all
204 performances specified on its license at the date and time
205 specified, the division shall hold a hearing to determine
206 whether to fine or suspend the permitholder’s license, unless
207 such failure was the direct result of fire, strike, war, or
208 other disaster or event beyond the ability of the permitholder
209 to control. Financial hardship to the permitholder shall not, in
210 and of itself, constitute just cause for failure to operate all
211 performances on the dates and at the times specified.
212 (5) In the event that performances licensed to be operated
213 by a permitholder are vacated, abandoned, or will not be used
214 for any reason, any permitholder shall be entitled, pursuant to
215 rules adopted by the division, to apply to conduct performances
216 on the dates for which the performances have been abandoned. The
217 division shall issue an amended license for all such replacement
218 performances which have been requested in compliance with the
219 provisions of this chapter and division rules.
220 (6) Any permit which was converted from a jai alai permit
221 to a greyhound permit may be converted to a jai alai permit at
222 any time if the permitholder never conducted greyhound racing or
223 if the permitholder has not conducted greyhound racing for a
224 period of 12 consecutive months.
225 Section 4. Section 550.0235, Florida Statutes, is amended
226 to read:
227 550.0235 Limitation of civil liability.—No permitholder
228 licensed to conduct pari-mutuel wagering permittee conducting a
229 racing meet pursuant to the provisions of this chapter; no
230 division director or employee of the division; and no steward,
231 judge, or other person appointed to act pursuant to this chapter
232 shall be held liable to any person, partnership, association,
233 corporation, or other business entity for any cause whatsoever
234 arising out of, or from, the performance by such permittee,
235 director, employee, steward, judge, or other person of her or
236 his duties and the exercise of her or his discretion with
237 respect to the implementation and enforcement of the statutes
238 and rules governing the conduct of pari-mutuel wagering, so long
239 as she or he acted in good faith. This section shall not limit
240 liability in any situation in which the negligent maintenance of
241 the premises or the negligent conduct of a race contributed to
242 an accident; nor shall it limit any contractual liability.
243 Section 5. Subsections (1) and (7) of section 550.0351,
244 Florida Statutes, are amended to read:
245 550.0351 Charity racing days.—
246 (1) The division shall, upon the request of a permitholder,
247 authorize each horseracing permitholder, dogracing permitholder,
248 and jai alai permitholder up to five charity or scholarship days
249 in addition to the regular racing days authorized by law.
250 (7) In addition to the charity days authorized by this
251 section, any dogracing permitholder may allow its facility to be
252 used for conducting “hound dog derbies” or “mutt derbies” on any
253 day during each racing season by any charitable, civic, or
254 nonprofit organization for the purpose of conducting “hound dog
255 derbies” or “mutt derbies” if only dogs other than those usually
256 used in dogracing (greyhounds) are permitted to race and if
257 adults and minors are allowed to participate as dog owners or
258 spectators. During these racing events, betting, gambling, and
259 the sale or use of alcoholic beverages is prohibited.
260 Section 6. Subsection (4) of section 550.0425, Florida
261 Statutes, is amended to read:
262 550.0425 Minors attendance at pari-mutuel performances;
263 restrictions.—
264 (4) Minor children of licensed greyhound trainers, kennel
265 operators, or other licensed persons employed in the kennel
266 compound areas may be granted access to kennel compound areas
267 without being licensed, provided they are in no way employed
268 unless properly licensed, and only when under the direct
269 supervision of one of their parents or legal guardian.
270 Section 7. Subsections (2) and (14) of section 550.054,
271 Florida Statutes, are amended to read:
272 550.054 Application for permit to conduct pari-mutuel
273 wagering.—
274 (2) Upon each application filed and approved, a permit
275 shall be issued to the applicant setting forth the name of the
276 permitholder, the location of the pari-mutuel facility, the type
277 of pari-mutuel activity desired to be conducted, and a statement
278 showing qualifications of the applicant to conduct pari-mutuel
279 performances under this chapter; however, a permit is
280 ineffectual to authorize any pari-mutuel performances until
281 approved by a majority of the electors participating in a
282 ratification election in the county in which the applicant
283 proposes to conduct pari-mutuel wagering activities. In
284 addition, an application may not be considered, nor may a permit
285 be issued by the division or be voted upon in any county, to
286 conduct horseraces, harness horse races, or pari-mutuel wagering
287 dograces at a location within 100 miles of an existing pari
288 mutuel facility, or for jai alai within 50 miles of an existing
289 pari-mutuel facility; this distance shall be measured on a
290 straight line from the nearest property line of one pari-mutuel
291 facility to the nearest property line of the other facility.
292 (14)(a) Notwithstanding any other provision of law, a
293 permit for the operation of a pari-mutuel facility, cardroom, or
294 slot machine facility may only be held by facilities with
295 permits on January 1, 2021.
296 (b) Any holder of a permit to conduct jai alai may apply to
297 the division to convert such permit to a permit to conduct
298 greyhound racing in lieu of jai alai if:
299 1. Such permit is located in a county in which the division
300 has issued only two pari-mutuel permits pursuant to this
301 section;
302 2. Such permit was not previously converted from any other
303 class of permit; and
304 3. The holder of the permit has not conducted jai alai
305 games during a period of 10 years immediately preceding his or
306 her application for conversion under this subsection.
307 (b) The division, upon application from the holder of a jai
308 alai permit meeting all conditions of this section, shall
309 convert the permit and shall issue to the permitholder a permit
310 to conduct greyhound racing. A permitholder of a permit
311 converted under this section shall be required to apply for and
312 conduct a full schedule of live racing each fiscal year to be
313 eligible for any tax credit provided by this chapter. The holder
314 of a permit converted under former subsection (14) of this
315 section, Florida Statutes 2020, pursuant to this subsection or
316 any holder of a permit to conduct greyhound racing located in a
317 county in which it is the only permit issued pursuant to this
318 section who operates at a leased facility pursuant to s. 550.475
319 may move the location for which the permit has been issued to
320 another location within a 30-mile radius of the location fixed
321 in the permit issued in that county, provided the move does not
322 cross the county boundary and such location is approved under
323 the zoning regulations of the county or municipality in which
324 the permit is located, and upon such relocation may use the
325 permit for the conduct of pari-mutuel wagering and the operation
326 of a cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
327 apply to any permit converted under former subsection (14) of
328 this section, Florida Statutes 2020, this subsection and shall
329 continue to apply to any permit which was previously included
330 under and subject to such provisions before a conversion
331 pursuant to this section occurred.
332 Section 8. Subsection (4) of section 550.09511, Florida
333 Statutes, is amended to read:
334 550.09511 Jai alai taxes; abandoned interest in a permit
335 for nonpayment of taxes.—
336 (4) A jai alai permitholder conducting fewer than 100 live
337 performances in any calendar year shall pay to the state the
338 same aggregate amount of daily license fees on live jai alai
339 games, admissions tax, and tax on live handle as that
340 permitholder paid to the state during the most recent prior
341 calendar year in which the jai alai permitholder conducted at
342 least 100 live performances.
343 Section 9. Paragraph (a) of subsection (3) of section
344 550.09512, Florida Statutes, is amended to read:
345 550.09512 Harness horse taxes; abandoned interest in a
346 permit for nonpayment of taxes.—
347 (3)(a) The permit of a harness horse permitholder who is
348 conducting live harness horse performances and who does not pay
349 tax on handle for any such live harness horse performances
350 conducted for a full schedule of live races during any 2
351 consecutive state fiscal years shall be void and may not be
352 reissued shall escheat to and become the property of the state
353 unless such failure to operate and pay tax on handle was the
354 direct result of fire, strike, war, pandemic, or other disaster
355 or event beyond the ability of the permitholder to control.
356 Financial hardship to the permitholder shall not, in and of
357 itself, constitute just cause for failure to operate and pay tax
358 on handle.
359 Section 10. Subsections (2) and (9) of section 550.105,
360 Florida Statutes, are amended to read:
361 550.105 Occupational licenses of racetrack employees; fees;
362 denial, suspension, and revocation of license; penalties and
363 fines.—
364 (2)(a) The following licenses shall be issued to persons or
365 entities with access to the backside, racing animals, jai alai
366 players’ room, jockeys’ room, drivers’ room, totalisator room,
367 the mutuels, or money room, or to persons who, by virtue of the
368 position they hold, might be granted access to these areas or to
369 any other person or entity in one of the following categories
370 and with fees not to exceed the following amounts for any 12
371 month period:
372 1. Business licenses: any business such as a vendor,
373 contractual concessionaire, contract kennel, business owning
374 racing animals, trust or estate, totalisator company, stable
375 name, or other fictitious name: $50.
376 2. Professional occupational licenses: professional persons
377 with access to the backside of a racetrack or players’ quarters
378 in jai alai such as trainers, officials, veterinarians, doctors,
379 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
380 players, owners, trustees, or any management or officer or
381 director or shareholder or any other professional-level person
382 who might have access to the jockeys’ room, the drivers’ room,
383 the backside, racing animals, kennel compound, or managers or
384 supervisors requiring access to mutuels machines, the money
385 room, or totalisator equipment: $40.
386 3. General occupational licenses: general employees with
387 access to the jockeys’ room, the drivers’ room, racing animals,
388 the backside of a racetrack or players’ quarters in jai alai,
389 such as grooms, kennel helpers, leadouts, pelota makers, cesta
390 makers, or ball boys, or a practitioner of any other occupation
391 who would have access to the animals or, the backside, or the
392 kennel compound, or who would provide the security or
393 maintenance of these areas, or mutuel employees, totalisator
394 employees, money-room employees, or any employee with access to
395 mutuels machines, the money room, or totalisator equipment or
396 who would provide the security or maintenance of these areas:
397 $10.
398
399 The individuals and entities that are licensed under this
400 paragraph require heightened state scrutiny, including the
401 submission by the individual licensees or persons associated
402 with the entities described in this chapter of fingerprints for
403 a Federal Bureau of Investigation criminal records check.
404 (b) The division shall adopt rules pertaining to pari
405 mutuel occupational licenses, licensing periods, and renewal
406 cycles.
407 (9) The tax imposed by this section is in lieu of all
408 license, excise, or occupational taxes to the state or any
409 county, municipality, or other political subdivision, except
410 that, if a race meeting or game is held or conducted in a
411 municipality, the municipality may assess and collect an
412 additional tax against any person conducting live racing or
413 games within its corporate limits, which tax may not exceed $150
414 per day for horseracing or $50 per day for dogracing or jai
415 alai. Except as provided in this chapter, a municipality may not
416 assess or collect any additional excise or revenue tax against
417 any person conducting race meetings within the corporate limits
418 of the municipality or against any patron of any such person.
419 Section 11. Section 550.1155, Florida Statutes, is amended
420 to read:
421 550.1155 Authority of stewards, judges, panel of judges, or
422 player’s manager to impose penalties against occupational
423 licensees; disposition of funds collected.—
424 (1) The stewards at a horse racetrack; the judges at a dog
425 track; or the judges, a panel of judges, or a player’s manager
426 at a jai alai fronton may impose a civil penalty against any
427 occupational licensee for violation of the pari-mutuel laws or
428 any rule adopted by the division. The penalty may not exceed
429 $1,000 for each count or separate offense or exceed 60 days of
430 suspension for each count or separate offense.
431 (2) All penalties imposed and collected pursuant to this
432 section at each horse or dog racetrack or jai alai fronton shall
433 be deposited into a board of relief fund established by the
434 pari-mutuel permitholder. Each association shall name a board of
435 relief composed of three of its officers, with the general
436 manager of the permitholder being the ex officio treasurer of
437 such board. Moneys deposited into the board of relief fund shall
438 be disbursed by the board for the specific purpose of aiding
439 occupational licenseholders and their immediate family members
440 at each pari-mutuel facility.
441 Section 12. Section 550.1647, Florida Statutes, is amended
442 to read:
443 550.1647 Greyhound permitholders; unclaimed tickets;
444 breaks.—All money or other property represented by any
445 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
446 remained in the custody of or under the control of any greyhound
447 permitholder authorized to conduct greyhound racing pari-mutuel
448 wagering pools in this state for a period of 1 year after the
449 date the pari-mutuel ticket was issued, if the rightful owner or
450 owners thereof have made no claim or demand for such money or
451 other property within that period of time, shall, with respect
452 to live races conducted by the permitholder, be remitted to the
453 state pursuant to s. 550.1645; however, such permitholder shall
454 be entitled to a credit in each state fiscal year in an amount
455 equal to the actual amount remitted in the prior state fiscal
456 year which may be applied against any taxes imposed pursuant to
457 this chapter. In addition, each permitholder shall pay, from any
458 source, including the proceeds from performances conducted
459 pursuant to s. 550.0351, an amount not less than 10 percent of
460 the amount of the credit provided by this section to any bona
461 fide organization that promotes or encourages the adoption of
462 greyhounds. As used in this chapter, the term “bona fide
463 organization that promotes or encourages the adoption of
464 greyhounds” means any organization that provides evidence of
465 compliance with chapter 496 and possesses a valid exemption from
466 federal taxation issued by the Internal Revenue Service. Such
467 bona fide organization, as a condition of adoption, must provide
468 sterilization of greyhounds by a licensed veterinarian before
469 relinquishing custody of the greyhound to the adopter. The fee
470 for sterilization may be included in the cost of adoption.
471 Section 13. Section 550.1648, Florida Statutes, is
472 repealed.
473 Section 14. Section 550.175, Florida Statutes, is amended
474 to read:
475 550.175 Petition for election to revoke permit.—Upon
476 petition of 20 percent of the qualified electors of any county
477 wherein any pari-mutuel wagering racing has been licensed and
478 conducted under this chapter, the county commissioners of such
479 county shall provide for the submission to the electors of such
480 county at the then next succeeding general election the question
481 of whether any permit or permits theretofore granted shall be
482 continued or revoked, and if a majority of the electors voting
483 on such question in such election vote to cancel or recall the
484 permit theretofore given, the division may not thereafter grant
485 any license on the permit so recalled. Every signature upon
486 every recall petition must be signed in the presence of the
487 clerk of the board of county commissioners at the office of the
488 clerk of the circuit court of the county, and the petitioner
489 must present at the time of such signing her or his registration
490 receipt showing the petitioner’s qualification as an elector of
491 the county at the time of the signing of the petition. Not more
492 than one permit may be included in any one petition; and, in all
493 elections in which the recall of more than one permit is voted
494 on, the voters shall be given an opportunity to vote for or
495 against the recall of each permit separately. Nothing in this
496 chapter shall be construed to prevent the holding of later
497 referendum or recall elections.
498 Section 15. Subsection (1) of section 550.1815, Florida
499 Statutes, is amended to read:
500 550.1815 Certain persons prohibited from holding racing or
501 jai alai permits; suspension and revocation.—
502 (1) A corporation, general or limited partnership, sole
503 proprietorship, business trust, joint venture, or unincorporated
504 association, or other business entity may not hold any
505 horseracing or greyhound dogracing permit or jai alai fronton
506 permit in this state if any one of the persons or entities
507 specified in paragraph (a) has been determined by the division
508 not to be of good moral character or has been convicted of any
509 offense specified in paragraph (b).
510 (a)1. The permitholder;
511 2. An employee of the permitholder;
512 3. The sole proprietor of the permitholder;
513 4. A corporate officer or director of the permitholder;
514 5. A general partner of the permitholder;
515 6. A trustee of the permitholder;
516 7. A member of an unincorporated association permitholder;
517 8. A joint venturer of the permitholder;
518 9. The owner of more than 5 percent of any equity interest
519 in the permitholder, whether as a common shareholder, general or
520 limited partner, voting trustee, or trust beneficiary; or
521 10. An owner of any interest in the permit or permitholder,
522 including any immediate family member of the owner, or holder of
523 any debt, mortgage, contract, or concession from the
524 permitholder, who by virtue thereof is able to control the
525 business of the permitholder.
526 (b)1. A felony in this state;
527 2. Any felony in any other state which would be a felony if
528 committed in this state under the laws of this state;
529 3. Any felony under the laws of the United States;
530 4. A felony under the laws of another state if related to
531 gambling which would be a felony under the laws of this state if
532 committed in this state; or
533 5. Bookmaking as defined in s. 849.25.
534 Section 16. Subsection (2) of section 550.24055, Florida
535 Statutes, is amended to read:
536 550.24055 Use of controlled substances or alcohol
537 prohibited; testing of certain occupational licensees; penalty;
538 evidence of test or action taken and admissibility for criminal
539 prosecution limited.—
540 (2) The occupational licensees, by applying for and holding
541 such licenses, are deemed to have given their consents to submit
542 to an approved chemical test of their breath for the purpose of
543 determining the alcoholic content of their blood and to a urine
544 or blood test for the purpose of detecting the presence of
545 controlled substances. Such tests shall only be conducted upon
546 reasonable cause that a violation has occurred as shall be
547 determined solely by the stewards at a horseracing meeting or
548 the judges or board of judges at a dogtrack or jai alai meet.
549 The failure to submit to such test may result in a suspension of
550 the person’s occupational license for a period of 10 days or
551 until this section has been complied with, whichever is longer.
552 (a) If there was at the time of the test 0.05 percent or
553 less by weight of alcohol in the person’s blood, the person is
554 presumed not to have been under the influence of alcoholic
555 beverages to the extent that the person’s normal faculties were
556 impaired, and no action of any sort may be taken by the
557 stewards, judges, or board of judges or the division.
558 (b) If there was at the time of the test an excess of 0.05
559 percent but less than 0.08 percent by weight of alcohol in the
560 person’s blood, that fact does not give rise to any presumption
561 that the person was or was not under the influence of alcoholic
562 beverages to the extent that the person’s faculties were
563 impaired, but the stewards, judges, or board of judges may
564 consider that fact in determining whether or not the person will
565 be allowed to officiate or participate in any given race or jai
566 alai game.
567 (c) If there was at the time of the test 0.08 percent or
568 more by weight of alcohol in the person’s blood, that fact is
569 prima facie evidence that the person was under the influence of
570 alcoholic beverages to the extent that the person’s normal
571 faculties were impaired, and the stewards or judges may take
572 action as set forth in this section, but the person may not
573 officiate at or participate in any race or jai alai game on the
574 day of such test.
575
576 All tests relating to alcohol must be performed in a manner
577 substantially similar, or identical, to the provisions of s.
578 316.1934 and rules adopted pursuant to that section. Following a
579 test of the urine or blood to determine the presence of a
580 controlled substance as defined in chapter 893, if a controlled
581 substance is found to exist, the stewards, judges, or board of
582 judges may take such action as is permitted in this section.
583 Section 17. Paragraph (d) of subsection (5), paragraphs (b)
584 and (c) of subsection (6), paragraph (a) of subsection (9), and
585 subsection (13) of section 550.2415, Florida Statutes, are
586 amended to read:
587 550.2415 Racing of animals under certain conditions
588 prohibited; penalties; exceptions.—
589 (5) The division shall implement a split-sample procedure
590 for testing animals under this section.
591 (d) For the testing of a racing greyhound, if there is an
592 insufficient quantity of the secondary (split) sample for
593 confirmation of the division laboratory’s positive result, the
594 division may commence administrative proceedings as prescribed
595 in this chapter and consistent with chapter 120.
596 (6)
597 (b) The division shall, by rule, establish the procedures
598 for euthanizing greyhounds. However, a greyhound may not be put
599 to death by any means other than by lethal injection of the drug
600 sodium pentobarbital. A greyhound may not be removed from this
601 state for the purpose of being destroyed.
602 (c) It is a violation of this chapter for an occupational
603 licensee to train a greyhound using live or dead animals. A
604 greyhound may not be taken from this state for the purpose of
605 being trained through the use of live or dead animals.
606 (9)(a) The division may conduct a postmortem examination of
607 any animal that is injured at a permitted racetrack while in
608 training or in competition and that subsequently expires or is
609 destroyed. The division may conduct a postmortem examination of
610 any animal that expires while housed at a permitted racetrack,
611 association compound, or licensed kennel or farm. Trainers and
612 owners shall be requested to comply with this paragraph as a
613 condition of licensure.
614 (13) The division may implement by rule medication levels
615 for racing greyhounds recommended by the University of Florida
616 College of Veterinary Medicine developed pursuant to an
617 agreement between the Division of Pari-mutuel Wagering and the
618 University of Florida College of Veterinary Medicine. The
619 University of Florida College of Veterinary Medicine may provide
620 written notification to the division that it has completed
621 research or review on a particular drug pursuant to the
622 agreement and when the College of Veterinary Medicine has
623 completed a final report of its findings, conclusions, and
624 recommendations to the division.
625 Section 18. Subsection (8) of section 550.334, Florida
626 Statutes, is amended to read
627 550.334 Quarter horse racing; substitutions.—
628 (8) To be eligible to conduct intertrack wagering, a
629 quarter horse racing permitholder must have conducted a full
630 schedule of live racing in the preceding year.
631 Section 19. Subsections (2) and (4), paragraph (a) of
632 subsection (6), and subsection (11) of section 550.3551, Florida
633 Statutes, are amended to read:
634 550.3551 Transmission of racing and jai alai information;
635 commingling of pari-mutuel pools.—
636 (2) Any horse track, dog track, or fronton licensed under
637 this chapter may transmit broadcasts of races or games conducted
638 at the enclosure of the licensee to locations outside this
639 state.
640 (a) All broadcasts of horseraces transmitted to locations
641 outside this state must comply with the provisions of the
642 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
643 3001 et seq.
644 (b) Wagers accepted by any out-of-state pari-mutuel
645 permitholder or licensed betting system on a race broadcasted
646 under this subsection may be, but are not required to be,
647 included in the pari-mutuel pools of the horse track in this
648 state that broadcasts the race upon which wagers are accepted.
649 The handle, as referred to in s. 550.0951(3), does not include
650 any wagers accepted by an out-of-state pari-mutuel permitholder
651 or licensed betting system, irrespective of whether such wagers
652 are included in the pari-mutuel pools of the Florida
653 permitholder as authorized by this subsection.
654 (4) Any greyhound permitholder or jai alai permitholder dog
655 track or fronton licensed under this chapter may receive at its
656 licensed location broadcasts of dograces or jai alai games
657 conducted at other tracks or frontons located outside the state
658 at the track enclosure of the licensee during its operational
659 meeting. All forms of pari-mutuel wagering are allowed on
660 dograces or jai alai games broadcast under this subsection. All
661 money wagered by patrons on dograces broadcast under this
662 subsection shall be computed in the amount of money wagered each
663 performance for purposes of taxation under ss. 550.0951 and
664 550.09511.
665 (6)(a) A maximum of 20 percent of the total number of races
666 on which wagers are accepted by a greyhound permitholder not
667 located as specified in s. 550.615(6) may be received from
668 locations outside this state. A permitholder conducting live
669 races or games may not conduct fewer than eight live races or
670 games on any authorized race day except as provided in this
671 subsection. A thoroughbred permitholder may not conduct fewer
672 than eight live races on any race day without the written
673 approval of the Florida Thoroughbred Breeders’ Association and
674 the Florida Horsemen’s Benevolent and Protective Association,
675 Inc., unless it is determined by the department that another
676 entity represents a majority of the thoroughbred racehorse
677 owners and trainers in the state. If conducting live racing, a
678 harness permitholder may conduct fewer than eight live races on
679 any authorized race day., except that such permitholder must
680 conduct a full schedule of live racing during its race meet
681 consisting of at least eight live races per authorized race day
682 for at least 100 days. Any harness horse permitholder that
683 during the preceding racing season conducted a full schedule of
684 live racing may, at any time during its current race meet,
685 receive full-card broadcasts of harness horse races conducted at
686 harness racetracks outside this state at the harness track of
687 the permitholder and accept wagers on such harness races. With
688 specific authorization from the division for special racing
689 events, a permitholder may conduct fewer than eight live races
690 or games when the permitholder also broadcasts out-of-state
691 races or games. The division may not grant more than two such
692 exceptions a year for a permitholder in any 12-month period, and
693 those two exceptions may not be consecutive.
694 (11) Greyhound permitholders tracks and jai alai
695 permitholders frontons have the same privileges as provided in
696 this section to horserace permitholders horse tracks, as
697 applicable, subject to rules adopted under subsection (10).
698 Section 20. Subsections (1), (3), (4), (5), and (6) of
699 section 550.3615, Florida Statutes, are amended to read:
700 550.3615 Bookmaking on the grounds of a permitholder;
701 penalties; reinstatement; duties of track employees; penalty;
702 exceptions.—
703 (1) Any person who engages in bookmaking, as defined in s.
704 849.25, on the grounds or property of a pari-mutuel facility
705 commits permitholder of a horse or dog track or jai alai fronton
706 is guilty of a felony of the third degree, punishable as
707 provided in s. 775.082, s. 775.083, or s. 775.084.
708 Notwithstanding the provisions of s. 948.01, any person
709 convicted under the provisions of this subsection shall not have
710 adjudication of guilt suspended, deferred, or withheld.
711 (3) Any person who has been convicted of bookmaking in this
712 state or any other state of the United States or any foreign
713 country shall be denied admittance to and shall not attend any
714 pari-mutuel facility racetrack or fronton in this state during
715 its racing seasons or operating dates, including any practice or
716 preparational days, for a period of 2 years after the date of
717 conviction or the date of final appeal. Following the conclusion
718 of the period of ineligibility, the director of the division may
719 authorize the reinstatement of an individual following a hearing
720 on readmittance. Any such person who knowingly violates this
721 subsection commits is guilty of a misdemeanor of the first
722 degree, punishable as provided in s. 775.082 or s. 775.083.
723 (4) If the activities of a person show that this law is
724 being violated, and such activities are either witnessed or are
725 common knowledge by any pari-mutuel facility track or fronton
726 employee, it is the duty of that employee to bring the matter to
727 the immediate attention of the permitholder, manager, or her or
728 his designee, who shall notify a law enforcement agency having
729 jurisdiction. Willful failure by the pari-mutuel facility on the
730 part of any track or fronton employee to comply with the
731 provisions of this subsection is a ground for the division to
732 suspend or revoke that employee’s license for pari-mutuel
733 facility track or fronton employment.
734 (5) Each permittee shall display, in conspicuous places at
735 a pari-mutuel facility track or fronton and in all race and jai
736 alai daily programs, a warning to all patrons concerning the
737 prohibition and penalties of bookmaking contained in this
738 section and s. 849.25. The division shall adopt rules concerning
739 the uniform size of all warnings and the number of placements
740 throughout a pari-mutuel facility track or fronton. Failure on
741 the part of the permittee to display such warnings may result in
742 the imposition of a $500 fine by the division for each offense.
743 (6) This section does not apply to any person attending a
744 track or fronton or employed by or attending a pari-mutuel
745 facility a track or fronton who places a bet through the
746 legalized pari-mutuel pool for another person, provided such
747 service is rendered gratuitously and without fee or other
748 reward.
749 Section 21. Section 550.475, Florida Statutes, is amended
750 to read:
751 550.475 Lease of pari-mutuel facilities by pari-mutuel
752 permitholders.—Holders of valid pari-mutuel permits for the
753 conduct of any pari-mutuel wagering jai alai games, dogracing,
754 or thoroughbred and standardbred horse racing in this state are
755 entitled to lease any and all of their facilities to any other
756 holder of a same class valid pari-mutuel permit for jai alai
757 games, dogracing, or thoroughbred or standardbred horse racing,
758 when located within a 35-mile radius of each other; and such
759 lessee is entitled to a permit and license to conduct intertrack
760 wagering and operate its race meet or jai alai games at the
761 leased premises.
762 Section 22. Subsection (1) of section 550.5251, Florida
763 Statutes, is amended to read:
764 550.5251 Florida thoroughbred racing; certain permits;
765 operating days.—
766 (1)(a) Each thoroughbred permitholder shall annually,
767 during the period commencing December 15 of each year and ending
768 January 4 of the following year, file in writing with the
769 division its application to conduct one or more thoroughbred
770 racing meetings during the thoroughbred racing season commencing
771 on the following July 1. Each application shall specify the
772 number and dates of all performances that the permitholder
773 intends to conduct during that thoroughbred racing season. On or
774 before March 15 of each year, the division shall issue a license
775 authorizing each permitholder to conduct performances on the
776 dates specified in its application. Up to February 28 of each
777 year, each permitholder may request and shall be granted changes
778 in its authorized performances; but thereafter, as a condition
779 precedent to the validity of its license and its right to retain
780 its permit, each permitholder must operate the full number of
781 days authorized on each of the dates set forth in its license.
782 (b) A thoroughbred permitholder that has conducted live
783 racing for at least 5 years prior to July 1, 2020, and that has
784 not filed with the division an application to conduct one or
785 more thoroughbred racing meetings under this section for the
786 thoroughbred racing season commencing July 1, 2021, retains its
787 permit; is a pari-mutuel facility as defined in s. 550.002(23);
788 if such permitholder has been issued a slot machine license, the
789 facility where such permit is located remains an eligible
790 facility as defined in s. 551.102(4), continues to be eligible
791 for a slot machine license pursuant to s. 551.104(3), and is
792 exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
793 eligible, but not required, to be a guest track; and remains
794 eligible for a cardroom license.
795 Section 23. Subsections (2) and (8) of section 550.615,
796 Florida Statutes, are amended, and subsection (11) is added to
797 that section, to read:
798 550.615 Intertrack wagering.—
799 (2) A pari-mutuel permitholder that has met the applicable
800 requirement for that permitholder to conduct live racing or
801 games under s. 550.01215(1)(b), if any, on January 1, 2021, Any
802 track or fronton licensed under this chapter which in the
803 preceding year conducted a full schedule of live racing is
804 qualified to, at any time, receive broadcasts of any class of
805 pari-mutuel race or game and accept wagers on such races or
806 games conducted by any class of permitholders licensed under
807 this chapter.
808 (8) In any three contiguous counties of the state where
809 there are only three permitholders, all of which are greyhound
810 permitholders, if any permitholder leases the facility of
811 another permitholder for all or any portion of the conduct of
812 its live race meet pursuant to s. 550.475, such lessee may
813 conduct intertrack wagering at its pre-lease permitted facility
814 throughout the entire year, including while its live meet is
815 being conducted at the leased facility, if such permitholder has
816 conducted a full schedule of live racing during the preceding
817 fiscal year at its pre-lease permitted facility or at a leased
818 facility, or combination thereof.
819 (11) Any greyhound permitholder licensed under this chapter
820 to conduct pari-mutuel wagering is qualified to, at any time,
821 receive broadcasts of any class of pari-mutuel race or game and
822 accept wagers on such races or games conducted by any class of
823 permitholders licensed under this chapter.
824 Section 24. Subsection (2) of section 550.6305, Florida
825 Statutes, is amended to read:
826 550.6305 Intertrack wagering; guest track payments;
827 accounting rules.—
828 (2) For the purposes of calculation of odds and payoffs and
829 distribution of the pari-mutuel pools, all intertrack wagers
830 shall be combined with the pari-mutuel pools at the host track.
831 Notwithstanding this subsection or subsection (4), a greyhound
832 pari-mutuel permitholder may conduct intertrack wagering without
833 combining pari-mutuel pools on not more than three races in any
834 week, not to exceed 20 races in a year. All other provisions
835 concerning pari-mutuel takeout and payments, including state tax
836 payments, apply as if the pool had been combined.
837 Section 25. Paragraph (c) of subsection (4) of section
838 551.104, Florida Statutes, is amended to read:
839 551.104 License to conduct slot machine gaming.—
840 (4) As a condition of licensure and to maintain continued
841 authority for the conduct of slot machine gaming, the slot
842 machine licensee shall:
843 (c) If a thoroughbred permitholder, conduct no fewer than a
844 full schedule of live racing or games as defined in s.
845 550.002(11). A permitholder’s responsibility to conduct such
846 number of live races or games shall be reduced by the number of
847 races or games that could not be conducted due to the direct
848 result of fire, war, hurricane, or other disaster or event
849 beyond the control of the permitholder.
850 Section 26. Subsection (4) of section 551.114, Florida
851 Statutes, is amended to read:
852 551.114 Slot machine gaming areas.—
853 (4) Designated slot machine gaming areas must may be
854 located at the address specified in the licensed permitholder’s
855 slot machine license issued for fiscal year 2020-2021 within the
856 current live gaming facility or in an existing building that
857 must be contiguous and connected to the live gaming facility. If
858 a designated slot machine gaming area is to be located in a
859 building that is to be constructed, that new building must be
860 contiguous and connected to the live gaming facility.
861 Section 27. Subsection (5) of section 565.02, Florida
862 Statutes, is amended to read:
863 565.02 License fees; vendors; clubs; caterers; and others.—
864 (5) A caterer at a pari-mutuel facility licensed under
865 chapter 550 horse or dog racetrack or jai alai fronton may
866 obtain a license upon the payment of an annual state license tax
867 of $675. Such caterer’s license shall permit sales only within
868 the enclosure in which pari-mutuel wagering is conducted such
869 races or jai alai games are conducted, and such licensee shall
870 be permitted to sell only during the period beginning 10 days
871 before and ending 10 days after racing or jai alai under the
872 authority of the Division of Pari-mutuel Wagering of the
873 Department of Business and Professional Regulation is conducted
874 at such racetrack or jai alai fronton. Except as in this
875 subsection otherwise provided, caterers licensed hereunder shall
876 be treated as vendors licensed to sell by the drink the
877 beverages mentioned herein and shall be subject to all the
878 provisions hereof relating to such vendors.
879 Section 28. Subsection (5) and paragraph (d) of subsection
880 (13) of section 849.086, Florida Statutes, are amended to read:
881 849.086 Cardrooms authorized.—
882 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
883 operate a cardroom in this state unless such person holds a
884 valid cardroom license issued pursuant to this section.
885 (a) Only those persons holding a valid cardroom license
886 issued by the division may operate a cardroom. A cardroom
887 license may only be issued to a licensed pari-mutuel
888 permitholder and an authorized cardroom may only be operated at
889 the same facility at which the permitholder is authorized under
890 its valid pari-mutuel wagering permit to conduct pari-mutuel
891 wagering activities. An initial cardroom license shall be issued
892 to a pari-mutuel permitholder only after its facilities are in
893 place and after it conducts its first day of pari-mutuel
894 activities on live racing or games.
895 (b) After the initial cardroom license is granted, the
896 application for the annual license renewal shall be made in
897 conjunction with the applicant’s annual application for its
898 pari-mutuel license. If a permitholder has operated a cardroom
899 during any of the 3 previous fiscal years and fails to include a
900 renewal request for the operation of the cardroom in its annual
901 application for license renewal, the permitholder may amend its
902 annual application to include operation of the cardroom.
903 (c) Notwithstanding any other provision of law, a cardroom
904 license may not be issued to any permitholder that did not hold
905 a cardroom license on January 1, 2021. In order for a cardroom
906 license to be renewed the applicant must have requested, as part
907 of its pari-mutuel annual license application, to conduct at
908 least 90 percent of the total number of live performances
909 conducted by such permitholder during either the state fiscal
910 year in which its initial cardroom license was issued or the
911 state fiscal year immediately prior thereto if the permitholder
912 ran at least a full schedule of live racing or games in the
913 prior year. If the application is for a harness permitholder
914 cardroom, the applicant must have requested authorization to
915 conduct a minimum of 140 live performances during the state
916 fiscal year immediately prior thereto. If more than one
917 permitholder is operating at a facility, each permitholder must
918 have applied for a license to conduct a full schedule of live
919 racing.
920 (d)(c) Persons seeking a license or a renewal thereof to
921 operate a cardroom shall make application on forms prescribed by
922 the division. Applications for cardroom licenses shall contain
923 all of the information the division, by rule, may determine is
924 required to ensure eligibility.
925 (e)(d) The annual cardroom license fee for each facility
926 shall be $1,000 for each table to be operated at the cardroom.
927 The license fee shall be deposited by the division with the
928 Chief Financial Officer to the credit of the Pari-mutuel
929 Wagering Trust Fund.
930 (13) TAXES AND OTHER PAYMENTS.—
931 (d)1. Each greyhound and jai alai permitholder that
932 conducts live performances and operates a cardroom facility
933 shall use at least 4 percent of such permitholder’s cardroom
934 monthly gross receipts to supplement greyhound purses or jai
935 alai prize money, respectively, during the permitholder’s next
936 ensuing pari-mutuel meet.
937 2. Each thoroughbred permitholder or and harness horse
938 racing permitholder that conducts live performances and operates
939 a cardroom facility shall use at least 50 percent of such
940 permitholder’s cardroom monthly net proceeds as follows: 47
941 percent to supplement purses and 3 percent to supplement
942 breeders’ awards during the permitholder’s next ensuing racing
943 meet.
944 3. No cardroom license or renewal thereof shall be issued
945 to an applicant holding a permit under chapter 550 to conduct
946 pari-mutuel wagering meets of quarter horse racing and
947 conducting live performances unless the applicant has on file
948 with the division a binding written agreement between the
949 applicant and the Florida Quarter Horse Racing Association or
950 the association representing a majority of the horse owners and
951 trainers at the applicant’s eligible facility, governing the
952 payment of purses on live quarter horse races conducted at the
953 licensee’s pari-mutuel facility. The agreement governing purses
954 may direct the payment of such purses from revenues generated by
955 any wagering or gaming the applicant is authorized to conduct
956 under Florida law. All purses shall be subject to the terms of
957 chapter 550.
958 Section 29. For the purpose of incorporating the amendment
959 made by this act to section 550.002, Florida Statutes, in a
960 reference thereto, paragraph (c) of subsection (2) of section
961 380.0651, Florida Statutes, is reenacted to read:
962 380.0651 Statewide guidelines, standards, and exemptions.—
963 (2) STATUTORY EXEMPTIONS.—The following developments are
964 exempt from s. 380.06:
965 (c) Any proposed addition to an existing sports facility
966 complex if the addition meets the following characteristics:
967 1. It would not operate concurrently with the scheduled
968 hours of operation of the existing facility;
969 2. Its seating capacity would be no more than 75 percent of
970 the capacity of the existing facility; and
971 3. The sports facility complex property was owned by a
972 public body before July 1, 1983.
973
974 This exemption does not apply to any pari-mutuel facility as
975 defined in s. 550.002.
976
977 If a use is exempt from review pursuant to paragraphs (a)-(u),
978 but will be part of a larger project that is subject to review
979 pursuant to s. 380.06(12), the impact of the exempt use must be
980 included in the review of the larger project, unless such exempt
981 use involves a development that includes a landowner, tenant, or
982 user that has entered into a funding agreement with the state
983 land planning agency under the Innovation Incentive Program and
984 the agreement contemplates a state award of at least $50
985 million.
986 Section 30. For the purpose of incorporating the amendment
987 made by this act to section 550.002, Florida Statutes, in a
988 reference thereto, paragraph (c) of subsection (4) of section
989 402.82, Florida Statutes, is reenacted to read:
990 402.82 Electronic benefits transfer program.—
991 (4) Use or acceptance of an electronic benefits transfer
992 card is prohibited at the following locations or for the
993 following activities:
994 (c) A pari-mutuel facility as defined in s. 550.002.
995 Section 31. For the purpose of incorporating the amendment
996 made by this act to section 550.002, Florida Statutes, in a
997 reference thereto, subsection (1) of section 480.0475, Florida
998 Statutes, is reenacted to read:
999 480.0475 Massage establishments; prohibited practices.—
1000 (1) A person may not operate a massage establishment
1001 between the hours of midnight and 5 a.m. This subsection does
1002 not apply to a massage establishment:
1003 (a) Located on the premises of a health care facility as
1004 defined in s. 408.07; a health care clinic as defined in s.
1005 400.9905(4); a hotel, motel, or bed and breakfast inn, as those
1006 terms are defined in s. 509.242; a timeshare property as defined
1007 in s. 721.05; a public airport as defined in s. 330.27; or a
1008 pari-mutuel facility as defined in s. 550.002;
1009 (b) In which every massage performed between the hours of
1010 midnight and 5 a.m. is performed by a massage therapist acting
1011 under the prescription of a physician or physician assistant
1012 licensed under chapter 458, an osteopathic physician or
1013 physician assistant licensed under chapter 459, a chiropractic
1014 physician licensed under chapter 460, a podiatric physician
1015 licensed under chapter 461, an advanced practice registered
1016 nurse licensed under part I of chapter 464, or a dentist
1017 licensed under chapter 466; or
1018 (c) Operating during a special event if the county or
1019 municipality in which the establishment operates has approved
1020 such operation during the special event.
1021 Section 32. This act shall take effect July 1, 2021.
1022
1023 ================= T I T L E A M E N D M E N T ================
1024 And the title is amended as follows:
1025 Delete everything before the enacting clause
1026 and insert:
1027 A bill to be entitled
1028 An act relating to requirements for pari-mutuel
1029 permitholders to conduct racing or games; amending s.
1030 550.002, F.S.; revising and providing definitions;
1031 amending s. 550.0115, F.S.; conforming provisions to
1032 changes made by the act; amending s. 550.01215, F.S.;
1033 revising the application requirements for an operating
1034 license to conduct pari-mutuel wagering for a pari
1035 mutuel facility; prohibiting greyhound permitholders
1036 from conducting live racing; authorizing jai alai
1037 permitholders, harness horse racing permitholders, and
1038 quarter horse racing permitholders to elect not to
1039 conduct live racing or games; requiring certain
1040 thoroughbred permitholders to conduct live racing;
1041 specifying that certain permitholders that do not
1042 conduct live racing or games retain their permit and
1043 remain pari-mutuel facilities; specifying that, if
1044 such permitholder has been issued a slot machine
1045 license, the permitholder’s facility remains an
1046 eligible facility, continues to be eligible for a slot
1047 machine license, is exempt from certain provisions of
1048 ch. 551, F.S., is eligible to be a guest track, and,
1049 if the permitholder is a harness horse racing
1050 permitholder, is eligible to be a host track for
1051 intertrack wagering and simulcasting, and remains
1052 eligible for a cardroom license; prohibiting a
1053 permitholder or licensee from conducting live
1054 greyhound racing or dogracing in connection with any
1055 wager for money or any other thing of value in the
1056 state; providing administrative and civil penalties;
1057 prohibiting operating licenses from being issued
1058 unless a specified requirement is met; authorizing the
1059 Division of Pari-mutuel Wagering to approve a change
1060 in racing dates for certain permitholders if the
1061 request for a change is received before a specified
1062 date and under certain circumstances; deleting a
1063 provision authorizing the conversion of certain
1064 permits to a jai alai permit under certain
1065 circumstances; amending s. 550.0235, F.S.; conforming
1066 provisions to changes made by the act; amending s.
1067 550.0351, F.S.; deleting a provision relating to hound
1068 dog derbies and mutt derbies; amending s. 550.0425,
1069 F.S.; deleting a provision authorizing certain
1070 children to be granted access to kennel compound areas
1071 under certain circumstances; amending s. 550.054,
1072 F.S.; revising requirements to hold a permit from the
1073 operation of a pari-mutuel facility, cardroom, or slot
1074 machine facility; prohibiting the relocation of
1075 certain facilities and cardrooms and the conversion of
1076 pari-mutuel wagering permits; deleting provisions
1077 relating to the conversion of jai alai permits to
1078 greyhound racing permits; conforming provisions to
1079 changes made by the act; amending s. 550.09511, F.S.;
1080 deleting a provision relating to the payment of
1081 certain taxes and fees by jai alai permitholders
1082 conducting fewer than a specified number of live
1083 performances; amending s. 550.09512, F.S.; revising
1084 the circumstances for which a harness horse
1085 permitholder’s permit is voided for failing to pay
1086 certain taxes; amending ss. 550.105, 550.1155, and
1087 550.1647, F.S.; conforming provisions to changes made
1088 by the act; repealing s. 550.1648, F.S., relating to
1089 greyhound adoptions; amending ss. 550.175 and
1090 550.1815, and 550.24055, F.S.; conforming provisions
1091 to changes made by the act; amending s. 550.2415,
1092 F.S.; deleting provisions relating to the testing,
1093 euthanasia, and training of racing greyhounds;
1094 amending ss. 550.334 and 550.3551, F.S.; conforming
1095 provisions to changes made by the act; amending s.
1096 550.3615, F.S.; conforming provisions to changes made
1097 by the act; prohibiting a person convicted of
1098 bookmaking from attending or being admitted to a pari
1099 mutuel facility; requiring pari-mutuel facility
1100 employees to notify certain persons of unlawful
1101 activities; providing civil penalties; requiring a
1102 permittee to display certain warnings relating to
1103 bookmaking at his or her pari-mutuel facility;
1104 revising applicability; amending s. 550.475, F.S.;
1105 revising provisions relating to leasing pari-mutuel
1106 facilities; amending s. 550.5251, F.S.; specifying
1107 that certain thoroughbred permitholders who have not
1108 filed an application to conduct specified thoroughbred
1109 racing meetings retain their permits and remain pari
1110 mutuel facilities; specifying that, if such
1111 permitholder has been issued a slot machine license,
1112 the permitholder’s facility remains an eligible
1113 facility and continues to be eligible for a slot
1114 machine license; specifying that such permitholders
1115 are exempt from certain provisions of ch. 551, F.S.,
1116 are eligible to be a guest track, and remains eligible
1117 for a cardroom license; amending s. 550.615, F.S.;
1118 revising requirements relating to intertrack wagering;
1119 specifying that greyhound permitholders are qualified
1120 to receive certain broadcasts and accept specified
1121 wagers; amending s. 550.6305, F.S.; conforming
1122 provisions to changes made by the act; amending s.
1123 551.104, F.S.; conforming provisions to changes made
1124 by the act; amending s. 551.114, F.S.; revising
1125 requirements for the locations of designated slot
1126 machine gaming areas; amending s. 565.02, F.S.;
1127 conforming provisions to changes made by the act;
1128 amending s. 849.086, F.S.; prohibiting a cardroom
1129 license from being issued to certain permitholders;
1130 conforming provisions to changes made by the act;
1131 reenacting ss. 380.0651(2)(c), 402.82(4)(c), and
1132 480.0475(1), F.S., relating to statewide guidelines,
1133 the electronic benefits transfer program, and massage
1134 establishments, respectively, to incorporate the
1135 amendments made to s. 550.002, F.S., in references
1136 thereto; providing an effective date.