Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 8-A
Ì606424ÊÎ606424
LEGISLATIVE ACTION
Senate . House
Comm: WD .
05/17/2021 .
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The Committee on Appropriations (Farmer) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 291 - 1238
4 and insert:
5 A jai alai permitholder, harness horse racing permitholder,
6 quarter horse racing permitholder, or thoroughbred racing
7 permitholder may elect not to conduct live racing or games. A
8 greyhound permitholder, jai alai permitholder, harness horse
9 racing permitholder, quarter horse racing permitholder, or
10 thoroughbred permitholder that does not conduct live racing or
11 games retains its permit; is a pari-mutuel facility as defined
12 in s. 550.002(23); if such permitholder has been issued a slot
13 machine license, the facility where such permit is located
14 remains an eligible facility as defined in s. 551.102(4),
15 continues to be eligible for a slot machine license pursuant to
16 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and
17 551.114(2); is eligible, but not required, to be a guest track
18 and, if the permitholder is a harness horse racing permitholder,
19 to be a host track for purposes of intertrack wagering and
20 simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and
21 550.6305; and remains eligible for a cardroom license.
22 2. A permitholder or licensee may not conduct live
23 greyhound racing or dogracing in connection with any wager for
24 money or any other thing of value in the state. The division may
25 deny, suspend, or revoke any permit or license under this
26 chapter if a permitholder or licensee conducts live greyhound
27 racing or dogracing in violation of this subparagraph. In
28 addition to, or in lieu of, denial, suspension, or revocation of
29 such permit or license, the division may impose a civil penalty
30 of up to $5,000 against the permitholder or licensee for a
31 violation of this subparagraph. All penalties imposed and
32 collected must be deposited with the Chief Financial Officer to
33 the credit of the General Revenue Fund.
34 (c) Permitholders may shall be entitled to amend their
35 applications through February 28.
36 (d) Notwithstanding any other provision of law, other than
37 a permitholder issued a permit pursuant to s. 550.3345, a pari
38 mutuel permitholder may not be issued an operating license for
39 the conduct of pari-mutuel wagering, slot machine gaming, or the
40 operation of a cardroom if the permitholder did not hold an
41 operating license for the conduct of pari-mutuel wagering for
42 fiscal year 2020-2021.
43 (2) After the first license has been issued to a
44 permitholder, all subsequent annual applications for a license
45 shall be accompanied by proof, in such form as the division may
46 by rule require, that the permitholder continues to possess the
47 qualifications prescribed by this chapter, and that the permit
48 has not been disapproved at a later election.
49 (3) The division shall issue each license no later than
50 March 15. Each permitholder shall operate all performances at
51 the date and time specified on its license. The division shall
52 have the authority to approve minor changes in racing dates
53 after a license has been issued. The division may approve
54 changes in racing dates after a license has been issued when
55 there is no objection from any operating permitholder that is
56 conducting live racing or games and that is located within 50
57 miles of the permitholder requesting the changes in operating
58 dates. In the event of an objection, the division shall approve
59 or disapprove the change in operating dates based upon the
60 impact on operating permitholders located within 50 miles of the
61 permitholder requesting the change in operating dates. In making
62 the determination to change racing dates, the division shall
63 take into consideration the impact of such changes on state
64 revenues. Notwithstanding any other provision of law, and for
65 the 2021-2022 state fiscal year only, the division may approve
66 changes in operating dates for a jai alai permitholder, harness
67 horse racing permitholder, quarter horse racing permitholder, or
68 thoroughbred permitholder if the request for such changes is
69 received before October 1, 2021.
70 (4) In the event that a permitholder fails to operate all
71 performances specified on its license at the date and time
72 specified, the division shall hold a hearing to determine
73 whether to fine or suspend the permitholder’s license, unless
74 such failure was the direct result of fire, strike, war,
75 hurricane, pandemic, or other disaster or event beyond the
76 ability of the permitholder to control. Financial hardship to
77 the permitholder shall not, in and of itself, constitute just
78 cause for failure to operate all performances on the dates and
79 at the times specified.
80 (5) In the event that performances licensed to be operated
81 by a permitholder are vacated, abandoned, or will not be used
82 for any reason, any permitholder shall be entitled, pursuant to
83 rules adopted by the division, to apply to conduct performances
84 on the dates for which the performances have been abandoned. The
85 division shall issue an amended license for all such replacement
86 performances which have been requested in compliance with the
87 provisions of this chapter and division rules.
88 (6) Any permit which was converted from a jai alai permit
89 to a greyhound permit may be converted to a jai alai permit at
90 any time if the permitholder never conducted greyhound racing or
91 if the permitholder has not conducted greyhound racing for a
92 period of 12 consecutive months.
93 Section 4. Section 550.0235, Florida Statutes, is amended
94 to read:
95 550.0235 Limitation of civil liability.—No permitholder
96 licensed to conduct pari-mutuel wagering permittee conducting a
97 racing meet pursuant to the provisions of this chapter; no
98 division director or employee of the division; and no steward,
99 judge, or other person appointed to act pursuant to this chapter
100 shall be held liable to any person, partnership, association,
101 corporation, or other business entity for any cause whatsoever
102 arising out of, or from, the performance by such permittee,
103 director, employee, steward, judge, or other person of her or
104 his duties and the exercise of her or his discretion with
105 respect to the implementation and enforcement of the statutes
106 and rules governing the conduct of pari-mutuel wagering, so long
107 as she or he acted in good faith. This section shall not limit
108 liability in any situation in which the negligent maintenance of
109 the premises or the negligent conduct of a race contributed to
110 an accident; nor shall it limit any contractual liability.
111 Section 5. Subsections (1) and (7) of section 550.0351,
112 Florida Statutes, are amended to read:
113 550.0351 Charity racing days.—
114 (1) The division shall, upon the request of a permitholder,
115 authorize each horseracing permitholder, dogracing permitholder,
116 and jai alai permitholder up to five charity or scholarship days
117 in addition to the regular racing days authorized by law.
118 (7) In addition to the charity days authorized by this
119 section, any dogracing permitholder may allow its facility to be
120 used for conducting “hound dog derbies” or “mutt derbies” on any
121 day during each racing season by any charitable, civic, or
122 nonprofit organization for the purpose of conducting “hound dog
123 derbies” or “mutt derbies” if only dogs other than those usually
124 used in dogracing (greyhounds) are permitted to race and if
125 adults and minors are allowed to participate as dog owners or
126 spectators. During these racing events, betting, gambling, and
127 the sale or use of alcoholic beverages is prohibited.
128 Section 6. Subsection (4) of section 550.0425, Florida
129 Statutes, is amended to read:
130 550.0425 Minors attendance at pari-mutuel performances;
131 restrictions.—
132 (4) Minor children of licensed greyhound trainers, kennel
133 operators, or other licensed persons employed in the kennel
134 compound areas may be granted access to kennel compound areas
135 without being licensed, provided they are in no way employed
136 unless properly licensed, and only when under the direct
137 supervision of one of their parents or legal guardian.
138 Section 7. Subsection (2) of section 550.054, Florida
139 Statutes, is amended, paragraph (c) is added to subsection (9)
140 of that section, and subsection (15) is added to that section,
141 to read:
142 550.054 Application for permit to conduct pari-mutuel
143 wagering.—
144 (2) Upon each application filed and approved, a permit
145 shall be issued to the applicant setting forth the name of the
146 permitholder, the location of the pari-mutuel facility, the type
147 of pari-mutuel activity desired to be conducted, and a statement
148 showing qualifications of the applicant to conduct pari-mutuel
149 performances under this chapter; however, a permit is
150 ineffectual to authorize any pari-mutuel performances until
151 approved by a majority of the electors participating in a
152 ratification election in the county in which the applicant
153 proposes to conduct pari-mutuel wagering activities. In
154 addition, an application may not be considered, nor may a permit
155 be issued by the division or be voted upon in any county, to
156 conduct horseraces, harness horse races, or pari-mutuel wagering
157 dograces at a location within 100 miles of an existing pari
158 mutuel facility, or for jai alai within 50 miles of an existing
159 pari-mutuel facility; this distance shall be measured on a
160 straight line from the nearest property line of one pari-mutuel
161 facility to the nearest property line of the other facility.
162 (9)
163 (c) The division shall revoke the permit of any
164 permitholder, other than a permitholder issued a permit pursuant
165 to s. 550.3345, who did not hold an operating license for the
166 conduct of pari-mutuel wagering for fiscal year 2020-2021. A
167 permit revoked under this paragraph is void and may not be
168 reissued.
169 (15)(a) Notwithstanding any other provision of law, a
170 permit for the conduct of pari-mutuel wagering and associated
171 cardroom or slot machine licenses may only be held by a
172 permitholder who held an operating license for the conduct of
173 pari-mutuel wagering for fiscal year 2020-2021;
174 (b) All permits issued under this chapter held by
175 permitholders on January 1, 2021, are deemed valid for the sole
176 and exclusive purpose of satisfying all conditions for the valid
177 issuance of the permits, if such permitholder held an operating
178 license for the conduct of pari-mutuel wagering for fiscal year
179 2020-2021;
180 (c) Additional permits for the conduct of pari-mutuel
181 wagering may not be approved or issued by the division after
182 January 1, 2021; and
183 (d) A permit to conduct pari-mutuel wagering may not be
184 converted to another class of permit.
185 Section 8. Section 550.0745, Florida Statutes, is amended
186 to read:
187 550.0745 Conversion of pari-mutuel permit to Summer jai
188 alai permit periods of operation.—A permitholder issued a permit
189 under former subsection (1) of this section, Florida Statutes
190 2020, for the operation of a jai alai fronton during the summer
191 season may conduct pari-mutuel wagering throughout the year
192 (1) The owner or operator of a pari-mutuel permit who is
193 authorized by the division to conduct pari-mutuel pools on
194 exhibition sports in any county having five or more such pari
195 mutuel permits and whose mutuel play from the operation of such
196 pari-mutuel pools for the 2 consecutive years next prior to
197 filing an application under this section has had the smallest
198 play or total pool within the county may apply to the division
199 to convert its permit to a permit to conduct a summer jai alai
200 fronton in such county during the summer season commencing on
201 May 1 and ending on November 30 of each year on such dates as
202 may be selected by such permittee for the same number of days
203 and performances as are allowed and granted to winter jai alai
204 frontons within such county. If a permittee who is eligible
205 under this section to convert a permit declines to convert, a
206 new permit is hereby made available in that permittee’s county
207 to conduct summer jai alai games as provided by this section,
208 notwithstanding mileage and permit ratification requirements. If
209 a permittee converts a quarter horse permit pursuant to this
210 section, nothing in this section prohibits the permittee from
211 obtaining another quarter horse permit. Such permittee shall pay
212 the same taxes as are fixed and required to be paid from the
213 pari-mutuel pools of winter jai alai permittees and is bound by
214 all of the rules and provisions of this chapter which apply to
215 the operation of winter jai alai frontons. Such permittee shall
216 only be permitted to operate a jai alai fronton after its
217 application has been submitted to the division and its license
218 has been issued pursuant to the application. The license is
219 renewable from year to year as provided by law.
220 (2) Such permittee is entitled to the issuance of a license
221 for the operation of a jai alai fronton during the summer season
222 as fixed in this section. A permittee granted a license under
223 this section may not conduct pari-mutuel pools during the summer
224 season except at a jai alai fronton as provided in this section.
225 Such license authorizes the permittee to operate at any jai alai
226 permittee’s plant it may lease or build within such county.
227 (3) Such license for the operation of a jai alai fronton
228 shall never be permitted to be operated during the jai alai
229 winter season; and neither the jai alai winter licensee or the
230 jai alai summer licensee shall be permitted to operate on the
231 same days or in competition with each other. This section does
232 not prevent the summer jai alai permittee from leasing the
233 facilities of the winter jai alai permittee for the operation of
234 the summer meet.
235 (4) The provisions of this chapter which prohibit the
236 location and operation of jai alai frontons within a specified
237 distance from the location of another jai alai fronton or other
238 permittee and which prohibit the division from granting any
239 permit at a location within a certain designated area do not
240 apply to the provisions of this section and do not prevent the
241 issuance of a license under this section.
242 Section 9. Paragraph (c) of subsection (3) of section
243 550.0951, Florida Statutes, is amended to read:
244 550.0951 Payment of daily license fee and taxes;
245 penalties.—
246 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
247 contributions to pari-mutuel pools, the aggregate of which is
248 hereinafter referred to as “handle,” on races or games conducted
249 by the permitholder. The tax is imposed daily and is based on
250 the total contributions to all pari-mutuel pools conducted
251 during the daily performance. If a permitholder conducts more
252 than one performance daily, the tax is imposed on each
253 performance separately.
254 (c)1. The tax on handle for intertrack wagering is 2.0
255 percent of the handle if the host track is a horse track, 3.3
256 percent if the host track is a harness track, 5.5 percent if the
257 host track is a dog track, and 7.1 percent if the host track is
258 a jai alai fronton. The tax on handle for intertrack wagering is
259 0.5 percent if the host track and the guest track are
260 thoroughbred permitholders or if the guest track is located
261 outside the market area of the host track and within the market
262 area of a thoroughbred permitholder currently conducting a live
263 race meet. The tax on handle for intertrack wagering on
264 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
265 of the handle and 1.5 percent of the handle for intertrack
266 wagering on rebroadcasts of simulcast harness horseraces. The
267 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
268 2. The tax on handle for intertrack wagers accepted by any
269 dog track located in an area of the state in which there are
270 only three permitholders, all of which are greyhound
271 permitholders, located in three contiguous counties, from any
272 greyhound permitholder also located within such area or any dog
273 track or jai alai fronton located as specified in s. 550.615(5)
274 or (8) s. 550.615(6) or (9), on races or games received from the
275 same class of permitholder located within the same market area
276 is 3.9 percent if the host facility is a greyhound permitholder
277 and, if the host facility is a jai alai permitholder, the rate
278 shall be 6.1 percent except that it shall be 2.3 percent on
279 handle at such time as the total tax on intertrack handle paid
280 to the division by the permitholder during the current state
281 fiscal year exceeds the total tax on intertrack handle paid to
282 the division by the permitholder during the 1992-1993 state
283 fiscal year.
284 Section 10. Subsection (4) of section 550.09511, Florida
285 Statutes, is amended to read:
286 550.09511 Jai alai taxes; abandoned interest in a permit
287 for nonpayment of taxes.—
288 (4) A jai alai permitholder conducting fewer than 100 live
289 performances in any calendar year shall pay to the state the
290 same aggregate amount of daily license fees on live jai alai
291 games, admissions tax, and tax on live handle as that
292 permitholder paid to the state during the most recent prior
293 calendar year in which the jai alai permitholder conducted at
294 least 100 live performances.
295 Section 11. Paragraph (a) of subsection (3) of section
296 550.09512, Florida Statutes, is amended to read:
297 550.09512 Harness horse taxes; abandoned interest in a
298 permit for nonpayment of taxes.—
299 (3)(a) The permit of a harness horse permitholder who is
300 conducting live harness horse performances and who does not pay
301 tax on handle for any such live harness horse performances
302 conducted for a full schedule of live races during any 2
303 consecutive state fiscal years shall be void and may not be
304 reissued shall escheat to and become the property of the state
305 unless such failure to operate and pay tax on handle was the
306 direct result of fire, strike, war, hurricane, pandemic, or
307 other disaster or event beyond the ability of the permitholder
308 to control. Financial hardship to the permitholder shall not, in
309 and of itself, constitute just cause for failure to operate and
310 pay tax on handle.
311 Section 12. Paragraph (b) of subsection (2) of section
312 550.09514, Florida Statutes, is amended to read:
313 550.09514 Greyhound dogracing taxes; purse requirements.—
314 (2)
315 (b) Except as otherwise set forth herein, in addition to
316 the minimum purse percentage required by paragraph (a), each
317 permitholder shall pay as purses an annual amount equal to 75
318 percent of the daily license fees paid by each permitholder for
319 the 1994-1995 fiscal year. This purse supplement shall be
320 disbursed weekly during the permitholder’s race meet in an
321 amount determined by dividing the annual purse supplement by the
322 number of performances approved for the permitholder pursuant to
323 its annual license and multiplying that amount by the number of
324 performances conducted each week. For the greyhound
325 permitholders in the county where there are two greyhound
326 permitholders located as specified in s. 550.615(5) s.
327 550.615(6), such permitholders shall pay in the aggregate an
328 amount equal to 75 percent of the daily license fees paid by
329 such permitholders for the 1994-1995 fiscal year. These
330 permitholders shall be jointly and severally liable for such
331 purse payments. The additional purses provided by this paragraph
332 must be used exclusively for purses other than stakes. The
333 division shall conduct audits necessary to ensure compliance
334 with this section.
335 Section 13. Paragraph (a) of subsection (3) and subsection
336 (7) of section 550.09515, Florida Statutes, are amended to read:
337 550.09515 Thoroughbred horse taxes; abandoned interest in a
338 permit for nonpayment of taxes.—
339 (3)(a) The permit of a thoroughbred horse permitholder who
340 is conducting live thoroughbred horse performances and who does
341 not pay tax on handle for such live thoroughbred horse
342 performances conducted for a full schedule of live races during
343 any 2 consecutive state fiscal years shall be void and shall
344 escheat to and become the property of the state unless such
345 failure to operate and pay tax on handle was the direct result
346 of fire, strike, war, or other disaster or event beyond the
347 ability of the permitholder to control. Financial hardship to
348 the permitholder shall not, in and of itself, constitute just
349 cause for failure to operate and pay tax on handle.
350 (7) If a thoroughbred permitholder fails to operate all
351 performances on its 2001-2002 license, failure to pay tax on
352 handle for a full schedule of live races for those performances
353 in the 2001-2002 fiscal year does not constitute failure to pay
354 taxes on handle for a full schedule of live races in a fiscal
355 year for the purposes of subsection (3). This subsection may not
356 be construed as forgiving a thoroughbred permitholder from
357 paying taxes on performances conducted at its facility pursuant
358 to its 2001-2002 license other than for failure to operate all
359 performances on its 2001-2002 license. This subsection expires
360 July 1, 2003.
361 Section 14. Subsections (2) and (9) of section 550.105,
362 Florida Statutes, are amended to read:
363 550.105 Occupational licenses of racetrack employees; fees;
364 denial, suspension, and revocation of license; penalties and
365 fines.—
366 (2)(a) The following licenses shall be issued to persons or
367 entities with access to the backside, racing animals, jai alai
368 players’ room, jockeys’ room, drivers’ room, totalisator room,
369 the mutuels, or money room, or to persons who, by virtue of the
370 position they hold, might be granted access to these areas or to
371 any other person or entity in one of the following categories
372 and with fees not to exceed the following amounts for any 12
373 month period:
374 1. Business licenses: any business such as a vendor,
375 contractual concessionaire, contract kennel, business owning
376 racing animals, trust or estate, totalisator company, stable
377 name, or other fictitious name: $50.
378 2. Professional occupational licenses: professional persons
379 with access to the backside of a racetrack or players’ quarters
380 in jai alai such as trainers, officials, veterinarians, doctors,
381 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
382 players, owners, trustees, or any management or officer or
383 director or shareholder or any other professional-level person
384 who might have access to the jockeys’ room, the drivers’ room,
385 the backside, racing animals, kennel compound, or managers or
386 supervisors requiring access to mutuels machines, the money
387 room, or totalisator equipment: $40.
388 3. General occupational licenses: general employees with
389 access to the jockeys’ room, the drivers’ room, racing animals,
390 the backside of a racetrack or players’ quarters in jai alai,
391 such as grooms, kennel helpers, leadouts, pelota makers, cesta
392 makers, or ball boys, or a practitioner of any other occupation
393 who would have access to the animals or, the backside, or the
394 kennel compound, or who would provide the security or
395 maintenance of these areas, or mutuel employees, totalisator
396 employees, money-room employees, or any employee with access to
397 mutuels machines, the money room, or totalisator equipment or
398 who would provide the security or maintenance of these areas:
399 $10.
400
401 The individuals and entities that are licensed under this
402 paragraph require heightened state scrutiny, including the
403 submission by the individual licensees or persons associated
404 with the entities described in this chapter of fingerprints for
405 a Federal Bureau of Investigation criminal records check.
406 (b) The division shall adopt rules pertaining to pari
407 mutuel occupational licenses, licensing periods, and renewal
408 cycles.
409 (9) The tax imposed by this section is in lieu of all
410 license, excise, or occupational taxes to the state or any
411 county, municipality, or other political subdivision, except
412 that, if a race meeting or game is held or conducted in a
413 municipality, the municipality may assess and collect an
414 additional tax against any person conducting live racing or
415 games within its corporate limits, which tax may not exceed $150
416 per day for horseracing or $50 per day for dogracing or jai
417 alai. Except as provided in this chapter, a municipality may not
418 assess or collect any additional excise or revenue tax against
419 any person conducting race meetings within the corporate limits
420 of the municipality or against any patron of any such person.
421 Section 15. Section 550.1155, Florida Statutes, is amended
422 to read:
423 550.1155 Authority of stewards, judges, panel of judges, or
424 player’s manager to impose penalties against occupational
425 licensees; disposition of funds collected.—
426 (1) The stewards at a horse racetrack; the judges at a dog
427 track; or the judges, a panel of judges, or a player’s manager
428 at a jai alai fronton may impose a civil penalty against any
429 occupational licensee for violation of the pari-mutuel laws or
430 any rule adopted by the division. The penalty may not exceed
431 $1,000 for each count or separate offense or exceed 60 days of
432 suspension for each count or separate offense.
433 (2) All penalties imposed and collected pursuant to this
434 section at each horse or dog racetrack or jai alai fronton shall
435 be deposited into a board of relief fund established by the
436 pari-mutuel permitholder. Each association shall name a board of
437 relief composed of three of its officers, with the general
438 manager of the permitholder being the ex officio treasurer of
439 such board. Moneys deposited into the board of relief fund shall
440 be disbursed by the board for the specific purpose of aiding
441 occupational licenseholders and their immediate family members
442 at each pari-mutuel facility.
443 Section 16. Section 550.1647, Florida Statutes, is amended
444 to read:
445 550.1647 Greyhound permitholders; unclaimed tickets;
446 breaks.—All money or other property represented by any
447 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
448 remained in the custody of or under the control of any greyhound
449 permitholder authorized to conduct greyhound racing pari-mutuel
450 wagering pools in this state for a period of 1 year after the
451 date the pari-mutuel ticket was issued, if the rightful owner or
452 owners thereof have made no claim or demand for such money or
453 other property within that period of time, shall, with respect
454 to live races conducted by the permitholder, be remitted to the
455 state pursuant to s. 550.1645; however, such permitholder shall
456 be entitled to a credit in each state fiscal year in an amount
457 equal to the actual amount remitted in the prior state fiscal
458 year which may be applied against any taxes imposed pursuant to
459 this chapter. In addition, each permitholder shall pay, from any
460 source, including the proceeds from performances conducted
461 pursuant to s. 550.0351, an amount not less than 10 percent of
462 the amount of the credit provided by this section to any bona
463 fide organization that promotes or encourages the adoption of
464 greyhounds. As used in this chapter, the term “bona fide
465 organization that promotes or encourages the adoption of
466 greyhounds” means any organization that provides evidence of
467 compliance with chapter 496 and possesses a valid exemption from
468 federal taxation issued by the Internal Revenue Service. Such
469 bona fide organization, as a condition of adoption, must provide
470 sterilization of greyhounds by a licensed veterinarian before
471 relinquishing custody of the greyhound to the adopter. The fee
472 for sterilization may be included in the cost of adoption.
473 Section 17. Section 550.1648, Florida Statutes, is
474 repealed.
475 Section 18. Section 550.175, Florida Statutes, is amended
476 to read:
477 550.175 Petition for election to revoke permit.—Upon
478 petition of 20 percent of the qualified electors of any county
479 wherein any pari-mutuel wagering racing has been licensed and
480 conducted under this chapter, the county commissioners of such
481 county shall provide for the submission to the electors of such
482 county at the then next succeeding general election the question
483 of whether any permit or permits theretofore granted shall be
484 continued or revoked, and if a majority of the electors voting
485 on such question in such election vote to cancel or recall the
486 permit theretofore given, the division may not thereafter grant
487 any license on the permit so recalled. Every signature upon
488 every recall petition must be signed in the presence of the
489 clerk of the board of county commissioners at the office of the
490 clerk of the circuit court of the county, and the petitioner
491 must present at the time of such signing her or his registration
492 receipt showing the petitioner’s qualification as an elector of
493 the county at the time of the signing of the petition. Not more
494 than one permit may be included in any one petition; and, in all
495 elections in which the recall of more than one permit is voted
496 on, the voters shall be given an opportunity to vote for or
497 against the recall of each permit separately. Nothing in this
498 chapter shall be construed to prevent the holding of later
499 referendum or recall elections.
500 Section 19. Subsection (1) of section 550.1815, Florida
501 Statutes, is amended to read:
502 550.1815 Certain persons prohibited from holding racing or
503 jai alai permits; suspension and revocation.—
504 (1) A corporation, general or limited partnership, sole
505 proprietorship, business trust, joint venture, or unincorporated
506 association, or other business entity may not hold any
507 horseracing or greyhound dogracing permit or jai alai fronton
508 permit in this state if any one of the persons or entities
509 specified in paragraph (a) has been determined by the division
510 not to be of good moral character or has been convicted of any
511 offense specified in paragraph (b).
512 (a)1. The permitholder;
513 2. An employee of the permitholder;
514 3. The sole proprietor of the permitholder;
515 4. A corporate officer or director of the permitholder;
516 5. A general partner of the permitholder;
517 6. A trustee of the permitholder;
518 7. A member of an unincorporated association permitholder;
519 8. A joint venturer of the permitholder;
520 9. The owner of more than 5 percent of any equity interest
521 in the permitholder, whether as a common shareholder, general or
522 limited partner, voting trustee, or trust beneficiary; or
523 10. An owner of any interest in the permit or permitholder,
524 including any immediate family member of the owner, or holder of
525 any debt, mortgage, contract, or concession from the
526 permitholder, who by virtue thereof is able to control the
527 business of the permitholder.
528 (b)1. A felony in this state;
529 2. Any felony in any other state which would be a felony if
530 committed in this state under the laws of this state;
531 3. Any felony under the laws of the United States;
532 4. A felony under the laws of another state if related to
533 gambling which would be a felony under the laws of this state if
534 committed in this state; or
535 5. Bookmaking as defined in s. 849.25.
536 Section 20. Subsection (2) of section 550.24055, Florida
537 Statutes, is amended to read:
538 550.24055 Use of controlled substances or alcohol
539 prohibited; testing of certain occupational licensees; penalty;
540 evidence of test or action taken and admissibility for criminal
541 prosecution limited.—
542 (2) The occupational licensees, by applying for and holding
543 such licenses, are deemed to have given their consents to submit
544 to an approved chemical test of their breath for the purpose of
545 determining the alcoholic content of their blood and to a urine
546 or blood test for the purpose of detecting the presence of
547 controlled substances. Such tests shall only be conducted upon
548 reasonable cause that a violation has occurred as shall be
549 determined solely by the stewards at a horseracing meeting or
550 the judges or board of judges at a dogtrack or jai alai meet.
551 The failure to submit to such test may result in a suspension of
552 the person’s occupational license for a period of 10 days or
553 until this section has been complied with, whichever is longer.
554 (a) If there was at the time of the test 0.05 percent or
555 less by weight of alcohol in the person’s blood, the person is
556 presumed not to have been under the influence of alcoholic
557 beverages to the extent that the person’s normal faculties were
558 impaired, and no action of any sort may be taken by the
559 stewards, judges, or board of judges or the division.
560 (b) If there was at the time of the test an excess of 0.05
561 percent but less than 0.08 percent by weight of alcohol in the
562 person’s blood, that fact does not give rise to any presumption
563 that the person was or was not under the influence of alcoholic
564 beverages to the extent that the person’s faculties were
565 impaired, but the stewards, judges, or board of judges may
566 consider that fact in determining whether or not the person will
567 be allowed to officiate or participate in any given race or jai
568 alai game.
569 (c) If there was at the time of the test 0.08 percent or
570 more by weight of alcohol in the person’s blood, that fact is
571 prima facie evidence that the person was under the influence of
572 alcoholic beverages to the extent that the person’s normal
573 faculties were impaired, and the stewards or judges may take
574 action as set forth in this section, but the person may not
575 officiate at or participate in any race or jai alai game on the
576 day of such test.
577
578 All tests relating to alcohol must be performed in a manner
579 substantially similar, or identical, to the provisions of s.
580 316.1934 and rules adopted pursuant to that section. Following a
581 test of the urine or blood to determine the presence of a
582 controlled substance as defined in chapter 893, if a controlled
583 substance is found to exist, the stewards, judges, or board of
584 judges may take such action as is permitted in this section.
585 Section 21. Paragraph (d) of subsection (5), paragraphs (b)
586 and (c) of subsection (6), paragraph (a) of subsection (9), and
587 subsection (13) of section 550.2415, Florida Statutes, are
588 amended to read:
589 550.2415 Racing of animals under certain conditions
590 prohibited; penalties; exceptions.—
591 (5) The division shall implement a split-sample procedure
592 for testing animals under this section.
593 (d) For the testing of a racing greyhound, if there is an
594 insufficient quantity of the secondary (split) sample for
595 confirmation of the division laboratory’s positive result, the
596 division may commence administrative proceedings as prescribed
597 in this chapter and consistent with chapter 120.
598 (6)
599 (b) The division shall, by rule, establish the procedures
600 for euthanizing greyhounds. However, a greyhound may not be put
601 to death by any means other than by lethal injection of the drug
602 sodium pentobarbital. A greyhound may not be removed from this
603 state for the purpose of being destroyed.
604 (c) It is a violation of this chapter for an occupational
605 licensee to train a greyhound using live or dead animals. A
606 greyhound may not be taken from this state for the purpose of
607 being trained through the use of live or dead animals.
608 (9)(a) The division may conduct a postmortem examination of
609 any animal that is injured at a permitted racetrack while in
610 training or in competition and that subsequently expires or is
611 destroyed. The division may conduct a postmortem examination of
612 any animal that expires while housed at a permitted racetrack,
613 association compound, or licensed kennel or farm. Trainers and
614 owners shall be requested to comply with this paragraph as a
615 condition of licensure.
616 (13) The division may implement by rule medication levels
617 for racing greyhounds recommended by the University of Florida
618 College of Veterinary Medicine developed pursuant to an
619 agreement between the Division of Pari-mutuel Wagering and the
620 University of Florida College of Veterinary Medicine. The
621 University of Florida College of Veterinary Medicine may provide
622 written notification to the division that it has completed
623 research or review on a particular drug pursuant to the
624 agreement and when the College of Veterinary Medicine has
625 completed a final report of its findings, conclusions, and
626 recommendations to the division.
627 Section 22. Subsection (1) of section 550.26165, Florida
628 Statutes, is amended to read:
629 550.26165 Breeders’ awards.—
630 (1) The purpose of this section is to encourage the
631 agricultural activity of breeding and training racehorses in
632 this state. Moneys dedicated in this chapter for use as
633 breeders’ awards and stallion awards are to be used for awards
634 to breeders of registered Florida-bred horses winning horseraces
635 and for similar awards to the owners of stallions who sired
636 Florida-bred horses winning stakes races, if the stallions are
637 registered as Florida stallions standing in this state. Such
638 awards shall be given at a uniform rate to all winners of the
639 awards, shall not be greater than 20 percent of the announced
640 gross purse, and shall not be less than 15 percent of the
641 announced gross purse if funds are available. In addition, no
642 less than 17 percent nor more than 40 percent, as determined by
643 the Florida Thoroughbred Breeders’ Association, of the moneys
644 dedicated in this chapter for use as breeders’ awards and
645 stallion awards for thoroughbreds shall be returned pro rata to
646 the permitholders that generated the moneys for special racing
647 awards to be distributed by the permitholders to owners of
648 thoroughbred horses participating in prescribed thoroughbred
649 stakes races, nonstakes races, or both, all in accordance with a
650 written agreement establishing the rate, procedure, and
651 eligibility requirements for such awards entered into by the
652 permitholder, the Florida Thoroughbred Breeders’ Association,
653 and the Florida Horsemen’s Benevolent and Protective
654 Association, Inc., except that the plan for the distribution by
655 any permitholder located in the area described in s. 550.615(8)
656 s. 550.615(9) shall be agreed upon by that permitholder, the
657 Florida Thoroughbred Breeders’ Association, and the association
658 representing a majority of the thoroughbred racehorse owners and
659 trainers at that location. Awards for thoroughbred races are to
660 be paid through the Florida Thoroughbred Breeders’ Association,
661 and awards for standardbred races are to be paid through the
662 Florida Standardbred Breeders and Owners Association. Among
663 other sources specified in this chapter, moneys for thoroughbred
664 breeders’ awards will come from the 0.955 percent of handle for
665 thoroughbred races conducted, received, broadcast, or simulcast
666 under this chapter as provided in s. 550.2625(3). The moneys for
667 quarter horse and harness breeders’ awards will come from the
668 breaks and uncashed tickets on live quarter horse and harness
669 racing performances and 1 percent of handle on intertrack
670 wagering. The funds for these breeders’ awards shall be paid to
671 the respective breeders’ associations by the permitholders
672 conducting the races.
673 Section 23. Subsection (8) of section 550.334, Florida
674 Statutes, is amended to read:
675 550.334 Quarter horse racing; substitutions.—
676 (8) To be eligible to conduct intertrack wagering, a
677 quarter horse racing permitholder must have conducted a full
678 schedule of live racing in the preceding year.
679 Section 24. Paragraphs (a) and (e) of subsection (2) and
680 subsection (3) of section 550.3345, Florida Statutes, are
681 amended to read:
682 550.3345 Conversion of quarter horse permit to a limited
683 thoroughbred permit.—
684 (2) Notwithstanding any other provision of law, the holder
685 of a quarter horse racing permit issued under s. 550.334 may,
686 within 1 year after the effective date of this section, apply to
687 the division for a transfer of the quarter horse racing permit
688 to a not-for-profit corporation formed under state law to serve
689 the purposes of the state as provided in subsection (1). The
690 board of directors of the not-for-profit corporation must be
691 comprised of 11 members, 4 of whom shall be designated by the
692 applicant, 4 of whom shall be designated by the Florida
693 Thoroughbred Breeders’ Association, and 3 of whom shall be
694 designated by the other 8 directors, with at least 1 of these 3
695 members being an authorized representative of another
696 thoroughbred permitholder in this state. The not-for-profit
697 corporation shall submit an application to the division for
698 review and approval of the transfer in accordance with s.
699 550.054. Upon approval of the transfer by the division, and
700 notwithstanding any other provision of law to the contrary, the
701 not-for-profit corporation may, within 1 year after its receipt
702 of the permit, request that the division convert the quarter
703 horse racing permit to a permit authorizing the holder to
704 conduct pari-mutuel wagering meets of thoroughbred racing.
705 Neither the transfer of the quarter horse racing permit nor its
706 conversion to a limited thoroughbred permit shall be subject to
707 the mileage limitation or the ratification election as set forth
708 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
709 for such conversion, the division shall timely issue a converted
710 permit. The converted permit and the not-for-profit corporation
711 shall be subject to the following requirements:
712 (a) All net revenues derived by the not-for-profit
713 corporation under the thoroughbred horse racing permit and any
714 license issued to the not-for-profit corporation under chapter
715 849, after the funding of operating expenses and capital
716 improvements, shall be dedicated to the enhancement of
717 thoroughbred purses and breeders’, stallion, and special racing
718 awards under this chapter; the general promotion of the
719 thoroughbred horse breeding industry; and the care in this state
720 of thoroughbred horses retired from racing.
721 (e) A No permit converted under this section and a license
722 issued to the not-for-profit corporation under chapter 849 are
723 not is eligible for transfer to another person or entity.
724 (3) Unless otherwise provided in this section, after
725 conversion, the permit and the not-for-profit corporation shall
726 be treated under the laws of this state as a thoroughbred permit
727 and as a thoroughbred permitholder, respectively, with the
728 exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
729 Section 25. Subsections (2) and (4), paragraphs (a) and (b)
730 of subsection (6), and subsection (11) of section 550.3551,
731 Florida Statutes, are amended to read:
732 550.3551 Transmission of racing and jai alai information;
733 commingling of pari-mutuel pools.—
734 (2) Any horse track, dog track, or fronton licensed under
735 this chapter may transmit broadcasts of races or games conducted
736 at the enclosure of the licensee to locations outside this
737 state.
738 (a) All broadcasts of horseraces transmitted to locations
739 outside this state must comply with the provisions of the
740 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
741 3001 et seq.
742 (b) Wagers accepted by any out-of-state pari-mutuel
743 permitholder or licensed betting system on a race broadcasted
744 under this subsection may be, but are not required to be,
745 included in the pari-mutuel pools of the horse track in this
746 state that broadcasts the race upon which wagers are accepted.
747 The handle, as referred to in s. 550.0951(3), does not include
748 any wagers accepted by an out-of-state pari-mutuel permitholder
749 or licensed betting system, irrespective of whether such wagers
750 are included in the pari-mutuel pools of the Florida
751 permitholder as authorized by this subsection.
752 (4) Any greyhound permitholder or jai alai permitholder dog
753 track or fronton licensed under this chapter may receive at its
754 licensed location broadcasts of dograces or jai alai games
755 conducted at other tracks or frontons located outside the state
756 at the track enclosure of the licensee during its operational
757 meeting. All forms of pari-mutuel wagering are allowed on
758 dograces or jai alai games broadcast under this subsection. All
759 money wagered by patrons on dograces broadcast under this
760 subsection shall be computed in the amount of money wagered each
761 performance for purposes of taxation under ss. 550.0951 and
762 550.09511.
763 (6)(a) A maximum of 20 percent of the total number of races
764 on which wagers are accepted by a greyhound permitholder not
765 located as specified in s. 550.615(6) may be received from
766 locations outside this state. A permitholder conducting live
767 races or games may not conduct fewer than eight live races or
768 games on any authorized race day except as provided in this
769 subsection. A thoroughbred permitholder that elects to conduct
770 live racing may not conduct fewer than eight live races on any
771 race day without the written approval of the Florida
772 Thoroughbred Breeders’ Association and the Florida Horsemen’s
773 Benevolent and Protective Association, Inc., unless it is
774 determined by the department that another entity represents a
775 majority of the thoroughbred racehorse owners and trainers in
776 the state. If conducting live racing, a harness permitholder may
777 conduct fewer than eight live races on any authorized race day,
778 except that such permitholder must conduct a full schedule of
779 live racing during its race meet consisting of at least eight
780 live races per authorized race day for at least 100 days. Any
781 harness horse permitholder that during the preceding racing
782 season conducted a full schedule of live racing may, at any time
783 during its current race meet, receive full-card broadcasts of
784 harness horse races conducted at harness racetracks outside this
785 state at the harness track of the permitholder and accept wagers
786 on such harness races. With specific authorization from the
787 division for special racing events, a permitholder may conduct
788 fewer than eight live races or games when the permitholder also
789 broadcasts out-of-state races or games. The division may not
790 grant more than two such exceptions a year for a permitholder in
791 any 12-month period, and those two exceptions may not be
792 consecutive.
793 (b) Notwithstanding any other provision of this chapter,
794 any harness horse permitholder accepting broadcasts of out-of
795 state harness horse races when such permitholder is not
796 conducting live races must make the out-of-state signal
797 available to all permitholders eligible to conduct intertrack
798 wagering and shall pay to guest tracks located as specified in
799 ss. 550.615(5) and 550.6305(9)(d) ss. 550.615(6) and
800 550.6305(9)(d) 50 percent of the net proceeds after taxes and
801 fees to the out-of-state host track on harness race wagers which
802 they accept. A harness horse permitholder shall be required to
803 pay into its purse account 50 percent of the net income retained
804 by the permitholder on account of wagering on the out-of-state
805 broadcasts received pursuant to this subsection. Nine-tenths of
806 a percent of all harness wagering proceeds on the broadcasts
807 received pursuant to this subsection shall be paid to the
808 Florida Standardbred Breeders and Owners Association under the
809 provisions of s. 550.2625(4) for the purposes provided therein.
810 (11) Greyhound permitholders tracks and jai alai
811 permitholders frontons have the same privileges as provided in
812 this section to horserace permitholders horse tracks, as
813 applicable, subject to rules adopted under subsection (10).
814 Section 26. Subsections (1) and (3) through (6) of section
815 550.3615, Florida Statutes, are amended to read:
816 550.3615 Bookmaking on the grounds of a permitholder;
817 penalties; reinstatement; duties of track employees; penalty;
818 exceptions.—
819 (1) Any person who engages in bookmaking, as defined in s.
820 849.25, on the grounds or property of a pari-mutuel facility
821 commits permitholder of a horse or dog track or jai alai fronton
822 is guilty of a felony of the third degree, punishable as
823 provided in s. 775.082, s. 775.083, or s. 775.084.
824 Notwithstanding the provisions of s. 948.01, any person
825 convicted under the provisions of this subsection shall not have
826 adjudication of guilt suspended, deferred, or withheld.
827 (3) Any person who has been convicted of bookmaking in this
828 state or any other state of the United States or any foreign
829 country shall be denied admittance to and shall not attend any
830 pari-mutuel facility racetrack or fronton in this state during
831 its racing seasons or operating dates, including any practice or
832 preparational days, for a period of 2 years after the date of
833 conviction or the date of final appeal. Following the conclusion
834 of the period of ineligibility, the director of the division may
835 authorize the reinstatement of an individual following a hearing
836 on readmittance. Any such person who knowingly violates this
837 subsection commits is guilty of a misdemeanor of the first
838 degree, punishable as provided in s. 775.082 or s. 775.083.
839 (4) If the activities of a person show that this law is
840 being violated, and such activities are either witnessed by or
841 are common knowledge of by any pari-mutuel facility track or
842 fronton employee, it is the duty of that employee to bring the
843 matter to the immediate attention of the permitholder, manager,
844 or her or his designee, who shall notify a law enforcement
845 agency having jurisdiction. Willful failure by the pari-mutuel
846 facility on the part of any track or fronton employee to comply
847 with the provisions of this subsection is a ground for the
848 division to suspend or revoke that employee’s license for pari
849 mutuel facility track or fronton employment.
850 (5) Each permittee shall display, in conspicuous places at
851 a pari-mutuel facility track or fronton and in all race and jai
852 alai daily programs, a warning to all patrons concerning the
853 prohibition and penalties of bookmaking contained in this
854 section and s. 849.25. The division shall adopt rules concerning
855 the uniform size of all warnings and the number of placements
856 throughout a pari-mutuel facility track or fronton. Failure on
857 the part of the permittee to display such warnings may result in
858 the imposition of a $500 fine by the division for each offense.
859 (6) This section does not apply to any person attending a
860 track or fronton or employed by or attending a pari-mutuel
861 facility a track or fronton who places a bet through the
862 legalized pari-mutuel pool for another person, provided such
863 service is rendered gratuitously and without fee or other
864 reward.
865 Section 27. Effective October 1, 2021, section 550.3616,
866 Florida Statutes, is created to read:
867 550.3616 Racing greyhounds or other dogs prohibited;
868 penalty.—A person authorized to conduct gaming or pari-mutuel
869 operations in this state may not race greyhounds or any member
870 of the Canis familiaris subspecies in connection with any wager
871 for money or any other thing of value in this state. A person
872 who violates this section commits a misdemeanor of the first
873 degree, punishable as provided in s. 775.082 or s. 775.083. A
874 person who commits a second or subsequent violation commits a
875 felony of the third degree, punishable as provided in s.
876 775.082, s. 775.083, or s. 775.084. Notwithstanding the
877 provisions of s. 948.01, any person convicted under this section
878 may not have adjudication of guilt suspended, deferred, or
879 withheld.
880 Section 28. Section 550.475, Florida Statutes, is amended
881 to read:
882 550.475 Lease of pari-mutuel facilities by pari-mutuel
883 permitholders.—Holders of valid pari-mutuel permits for the
884 conduct of any pari-mutuel wagering jai alai games, dogracing,
885 or thoroughbred and standardbred horse racing in this state are
886 entitled to lease any and all of their facilities to any other
887 holder of a same class valid pari-mutuel permit for jai alai
888 games, dogracing, or thoroughbred or standardbred horse racing,
889 when located within a 35-mile radius of each other; and such
890 lessee is entitled to a permit and license to conduct intertrack
891 wagering and operate its race meet or jai alai games at the
892 leased premises.
893 Section 29. Subsection (2) of section 550.5251, Florida
894 Statutes, is amended to read:
895 550.5251 Florida thoroughbred racing; certain permits;
896 operating days.—
897 (2) A thoroughbred racing permitholder may not begin any
898 race later than 7 p.m. Any thoroughbred permitholder in a county
899 in which the authority for cardrooms has been approved by the
900 board of county commissioners may operate a cardroom and, when
901 conducting live races during its current race meet, may receive
902 and rebroadcast out-of-state races after the hour of 7 p.m. on
903 any day during which the permitholder conducts live races.
904 Section 30. Present subsections (3) through (10) of section
905 550.615, Florida Statutes, are redesignated as subsections (2)
906 through (9), respectively, subsections (1) and (2) and present
907 subsections (6) and (8) of that section are amended, and a new
908 subsection (10) is added to that section, to read:
909 550.615 Intertrack wagering.—
910 (1) A pari-mutuel permitholder that has met the applicable
911 requirement for that permitholder to conduct live racing or
912 games under s. 550.01215(1)(b), if any, for fiscal year 2020
913 2021 Any horserace permitholder licensed under this chapter
914 which has conducted a full schedule of live racing may, at any
915 time, receive broadcasts of horseraces and accept wagers on
916 horseraces conducted by horserace permitholders licensed under
917 this chapter at its facility.
918 (2) Any track or fronton licensed under this chapter which
919 in the preceding year conducted a full schedule of live racing
920 is qualified to, at any time, receive broadcasts of any class of
921 pari-mutuel race or game and accept wagers on such races or
922 games conducted by any class of permitholders licensed under
923 this chapter.
924 (5)(6) Notwithstanding the provisions of subsection (2)
925 (3), in any area of the state where there are three or more
926 horserace permitholders within 25 miles of each other,
927 intertrack wagering between permitholders in said area of the
928 state shall only be authorized under the following conditions:
929 Any permitholder, other than a thoroughbred permitholder, may
930 accept intertrack wagers on races or games conducted live by a
931 permitholder of the same class or any harness permitholder
932 located within such area and any harness permitholder may accept
933 wagers on games conducted live by any jai alai permitholder
934 located within its market area and from a jai alai permitholder
935 located within the area specified in this subsection when no jai
936 alai permitholder located within its market area is conducting
937 live jai alai performances; any greyhound or jai alai
938 permitholder may receive broadcasts of and accept wagers on any
939 permitholder of the other class provided that a permitholder,
940 other than the host track, of such other class is not operating
941 a contemporaneous live performance within the market area.
942 (7)(8) In any three contiguous counties of the state where
943 there are only three permitholders, all of which are greyhound
944 permitholders, if any permitholder leases the facility of
945 another permitholder for all or any portion of the conduct of
946 its live race meet pursuant to s. 550.475, such lessee may
947 conduct intertrack wagering at its pre-lease permitted facility
948 throughout the entire year, including while its live meet is
949 being conducted at the leased facility, if such permitholder has
950 conducted a full schedule of live racing during the preceding
951 fiscal year at its pre-lease permitted facility or at a leased
952 facility, or combination thereof.
953 (10) Any greyhound permitholder licensed under this chapter
954 to conduct pari-mutuel wagering is qualified to, at any time,
955 receive broadcasts of any class of pari-mutuel race or game and
956 accept wagers on such races or games conducted by any class of
957 permitholders licensed under this chapter.
958 Section 31. Subsection (2) and paragraph (g) of subsection
959 (9) of section 550.6305, Florida Statutes, are amended to read:
960 550.6305 Intertrack wagering; guest track payments;
961 accounting rules.—
962 (2) For the purposes of calculation of odds and payoffs and
963 distribution of the pari-mutuel pools, all intertrack wagers
964 shall be combined with the pari-mutuel pools at the host track.
965 Notwithstanding this subsection or subsection (4), a greyhound
966 pari-mutuel permitholder may conduct intertrack wagering without
967 combining pari-mutuel pools on not more than three races in any
968 week, not to exceed 20 races in a year. All other provisions
969 concerning pari-mutuel takeout and payments, including state tax
970 payments, apply as if the pool had been combined.
971 (9) A host track that has contracted with an out-of-state
972 horse track to broadcast live races conducted at such out-of
973 state horse track pursuant to s. 550.3551(5) may broadcast such
974 out-of-state races to any guest track and accept wagers thereon
975 in the same manner as is provided in s. 550.3551.
976 (g)1. Any thoroughbred permitholder which accepts wagers on
977 a simulcast signal must make the signal available to any
978 permitholder that is eligible to conduct intertrack wagering
979 under the provisions of ss. 550.615-550.6345.
980 2. Any thoroughbred permitholder which accepts wagers on a
981 simulcast signal received after 6 p.m. must make such signal
982 available to any permitholder that is eligible to conduct
983 intertrack wagering under the provisions of ss. 550.615
984 550.6345, including any permitholder located as specified in s.
985 550.615(5) s. 550.615(6). Such guest permitholders are
986 authorized to accept wagers on such simulcast signal,
987 notwithstanding any other provision of this chapter to the
988 contrary.
989 3. Any thoroughbred permitholder which accepts wagers on a
990 simulcast signal received after 6 p.m. must make such signal
991 available to any permitholder that is eligible to conduct
992 intertrack wagering under the provisions of ss. 550.615
993 550.6345, including any permitholder located as specified in s.
994 550.615(9). Such guest permitholders are authorized to accept
995 wagers on such simulcast signals for a number of performances
996 not to exceed that which constitutes a full schedule of live
997 races for a quarter horse permitholder pursuant to s.
998 550.002(11), notwithstanding any other provision of this chapter
999 to the contrary, except that the restrictions provided in s.
1000 550.615(9)(a) apply to wagers on such simulcast signals.
1001
1002 No thoroughbred permitholder shall be required to continue to
1003 rebroadcast a simulcast signal to any in-state permitholder if
1004 the average per performance gross receipts returned to the host
1005 permitholder over the preceding 30-day period were less than
1006 $100. Subject to the provisions of s. 550.615(3) s. 550.615(4),
1007 as a condition of receiving rebroadcasts of thoroughbred
1008 simulcast signals under this paragraph, a guest permitholder
1009 must accept intertrack wagers on all live races conducted by all
1010 then-operating thoroughbred permitholders.
1011 Section 32. Subsections (1), (4), and (5) of section
1012 550.6308, Florida Statutes, are amended to read:
1013 550.6308 Limited intertrack wagering license.—In
1014 recognition of the economic importance of the thoroughbred
1015 breeding industry to this state, its positive impact on tourism,
1016 and of the importance of a permanent thoroughbred sales facility
1017 as a key focal point for the activities of the industry, a
1018 limited license to conduct intertrack wagering is established to
1019 ensure the continued viability and public interest in
1020 thoroughbred breeding in Florida.
1021 (1) Upon application to the division on or before January
1022 31 of each year, any person that is licensed to conduct public
1023 sales of thoroughbred horses pursuant to s. 535.01 and, that has
1024 conducted at least 8 15 days of thoroughbred horse sales at a
1025 permanent sales facility in this state for at least 3
1026 consecutive years, and that has conducted at least 1 day of
1027 nonwagering thoroughbred racing in this state, with a purse
1028 structure of at least $250,000 per year for 2 consecutive years
1029 before such application, shall be issued a license, subject to
1030 the conditions set forth in this section, to conduct intertrack
1031 wagering at such a permanent sales facility during the following
1032 periods:
1033 (a) Up to 21 days in connection with thoroughbred sales;
1034 (b) Between November 1 and May 8;
1035 (c) Between May 9 and October 31 at such times and on such
1036 days as any thoroughbred, jai alai, or a greyhound permitholder
1037 in the same county is not conducting live performances; provided
1038 that any such permitholder may waive this requirement, in whole
1039 or in part, and allow the licensee under this section to conduct
1040 intertrack wagering during one or more of the permitholder’s
1041 live performances; and
1042 (d) During the weekend of the Kentucky Derby, the
1043 Preakness, the Belmont, and a Breeders’ Cup Meet that is
1044 conducted before November 1 and after May 8.
1045
1046 No more than one such license may be issued, and no such license
1047 may be issued for a facility located within 50 miles of any
1048 thoroughbred permitholder’s track.
1049 (4) Intertrack wagering under this section may be conducted
1050 only on thoroughbred horse racing, except that intertrack
1051 wagering may be conducted on any class of pari-mutuel race or
1052 game conducted by any class of permitholders licensed under this
1053 chapter if all thoroughbred, jai alai, and greyhound
1054 permitholders in the same county as the licensee under this
1055 section give their consent.
1056 (5) The licensee shall be considered a guest track under
1057 this chapter. The licensee shall pay 2.5 percent of the total
1058 contributions to the daily pari-mutuel pool on wagers accepted
1059 at the licensee’s facility on greyhound races or jai alai games
1060 to the thoroughbred permitholder that is conducting live races
1061 for purses to be paid during its current racing meet. If more
1062 than one thoroughbred permitholder is conducting live races on a
1063 day during which the licensee is conducting intertrack wagering
1064 on greyhound races or jai alai games, the licensee shall
1065 allocate these funds between the operating thoroughbred
1066 permitholders on a pro rata basis based on the total live handle
1067 at the operating permitholders’ facilities.
1068 Section 33. Subsection (4) of section 551.114, Florida
1069 Statutes, is amended to read:
1070 551.114 Slot machine gaming areas.—
1071 (4) Designated slot machine gaming areas must may be
1072 located at the address specified in the licensed permitholder’s
1073 slot machine license issued for fiscal year 2020-2021 within the
1074 current live gaming facility or in an existing building that
1075 must be contiguous and connected to the live gaming facility. If
1076 a designated slot machine gaming area is to be located in a
1077 building that is to be constructed, that new building must be
1078 contiguous and connected to the live gaming facility.
1079 Section 34. Section 551.116, Florida Statutes, is amended
1080 to read:
1081 551.116 Days and hours of operation.—Slot machine gaming
1082 areas may be open 24 hours per day daily throughout the year.
1083 The slot machine gaming areas may be open a cumulative amount of
1084 18 hours per day on Monday through Friday and 24 hours per day
1085 on Saturday and Sunday and on those holidays specified in s.
1086 110.117(1).
1087 Section 35. Subsection (1) of section 551.121, Florida
1088 Statutes, is amended to read:
1089 551.121 Prohibited activities and devices; exceptions.—
1090 (1) Complimentary or reduced-cost alcoholic beverages may
1091 not be served to persons playing a slot machine. Alcoholic
1092 beverages served to persons playing a slot machine shall cost at
1093 least the same amount as alcoholic beverages served to the
1094 general public at a bar within the facility.
1095 Section 36. Subsection (5) of section 565.02, Florida
1096 Statutes, is amended to read:
1097 565.02 License fees; vendors; clubs; caterers; and others.—
1098 (5) A caterer at a pari-mutuel facility licensed under
1099 chapter 550 horse or dog racetrack or jai alai fronton may
1100 obtain a license upon the payment of an annual state license tax
1101 of $675. Such caterer’s license shall permit sales only within
1102 the enclosure in which pari-mutuel wagering is conducted such
1103 races or jai alai games are conducted, and such licensee shall
1104 be permitted to sell only during the period beginning 10 days
1105 before and ending 10 days after racing or jai alai under the
1106 authority of the Division of Pari-mutuel Wagering of the
1107 Department of Business and Professional Regulation is conducted
1108 at such racetrack or jai alai fronton. Except as in this
1109 subsection otherwise provided, caterers licensed hereunder shall
1110 be treated as vendors licensed to sell by the drink the
1111 beverages mentioned herein and shall be subject to all the
1112 provisions hereof relating to such vendors.
1113 Section 37. Subsection (5), paragraphs (a) and (b) of
1114 subsection (7), and paragraph (d) of subsection (13) of section
1115 849.086, Florida Statutes, are amended to read:
1116 849.086 Cardrooms authorized.—
1117 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
1118 operate a cardroom in this state unless such person holds a
1119 valid cardroom license issued pursuant to this section.
1120 (a) Only those persons holding a valid cardroom license
1121 issued by the division may operate a cardroom. A cardroom
1122 license may only be issued to a licensed pari-mutuel
1123 permitholder and an authorized cardroom may only be operated at
1124 the same facility at which the permitholder is authorized under
1125 its valid pari-mutuel wagering permit to conduct pari-mutuel
1126 wagering activities. An initial cardroom license shall be issued
1127 to a pari-mutuel permitholder only after its facilities are in
1128 place and after it conducts its first day of pari-mutuel
1129 activities on live racing or games.
1130 (b) After the initial cardroom license is granted, the
1131 application for the annual license renewal shall be made in
1132 conjunction with the applicant’s annual application for its
1133 pari-mutuel license. If a permitholder has operated a cardroom
1134 during any of the 3 previous fiscal years and fails to include a
1135 renewal request for the operation of the cardroom in its annual
1136 application for license renewal, the permitholder may amend its
1137 annual application to include operation of the cardroom.
1138 (c) Notwithstanding any other provision of law, a pari
1139 mutuel permitholder, other than a permitholder issued a permit
1140 pursuant to s. 550.3345, may not be issued a license for the
1141 operation of a cardroom if the permitholder did not hold an
1142 operating license for the conduct of pari-mutuel wagering for
1143 fiscal year 2020-2021. In order for a cardroom license to be
1144 renewed the applicant must have requested, as part of its pari
1145 mutuel annual license application, to conduct at least 90
1146 percent of the total number of live performances conducted by
1147 such permitholder during either the state fiscal year in which
1148 its initial cardroom license was issued or the state fiscal year
1149 immediately prior thereto if the permitholder ran at least a
1150 full schedule of live racing or games in the prior year. If the
1151 application is
1152
1153 ================= T I T L E A M E N D M E N T ================
1154 And the title is amended as follows:
1155 Delete lines 10 - 133
1156 and insert:
1157 permitholders, harness horse racing permitholders,
1158 thoroughbred permitholders, and quarter horse racing
1159 permitholders to elect not to conduct live racing or
1160 games; specifying that certain permitholders that do
1161 not conduct live racing or games retain their permit
1162 and remain pari-mutuel facilities; specifying that, if
1163 such permitholder has been issued a slot machine
1164 license, the permitholder’s facility remains an
1165 eligible facility, continues to be eligible for a slot
1166 machine license, is exempt from certain provisions of
1167 ch. 551, F.S., is eligible to be a guest track, and,
1168 if the permitholder is a harness horse racing
1169 permitholder, is eligible to be a host track for
1170 intertrack wagering and simulcasting and remains
1171 eligible for a cardroom license; prohibiting a
1172 permitholder or licensee from conducting live
1173 greyhound racing or dogracing in connection with any
1174 wager for money or any other thing of value in the
1175 state; providing administrative and civil penalties;
1176 providing requirements for the funds generated from
1177 such penalties; prohibiting operating licenses from
1178 being issued to a pari-mutuel permitholder unless a
1179 specified requirement is met; authorizing the Division
1180 of Pari-mutuel Wagering to approve a change in racing
1181 dates for certain permitholders if the request for a
1182 change is received before a specified date and under
1183 certain circumstances for a specified fiscal year;
1184 deleting a provision authorizing the conversion of
1185 certain permits to a jai alai permit under certain
1186 circumstances; conforming provisions to changes made
1187 by the act; amending s. 550.0235, F.S.; conforming
1188 provisions to changes made by the act; amending s.
1189 550.0351, F.S.; deleting a provision relating to hound
1190 dog derbies and mutt derbies; conforming provisions to
1191 changes made by the act; amending s. 550.0425, F.S.;
1192 deleting a provision authorizing certain minors to be
1193 granted access to kennel compound areas under certain
1194 circumstances; amending s. 550.054, F.S.; requiring
1195 the division to revoke the permit of certain
1196 permitholders; specifying such revoked permit is void
1197 and may not be reissued; revising requirements to hold
1198 a permit for the operation of a pari-mutuel facility
1199 and an associated cardroom or slot machine facility;
1200 specifying certain permits held on a specified date
1201 are deemed valid for specified purposes; prohibiting
1202 new permits for the conduct of pari-mutuel wagering
1203 from being issued after a specified date; prohibiting
1204 a permit to conduct pari-mutuel wagering from being
1205 converted to another class of permit; conforming
1206 provisions to changes made by the act; amending s.
1207 550.0745, F.S.; authorizing summer jai alai
1208 permitholders to conduct pari-mutuel wagering
1209 throughout the year; deleting provisions relating to
1210 the conversion of a pari-mutuel permit to a summer jai
1211 alai permit; amending s. 550.0951, F.S.; conforming
1212 cross-references; amending s. 550.09511, F.S.;
1213 deleting a provision relating to the payment of
1214 certain taxes and fees by jai alai permitholders
1215 conducting fewer than a specified number of live
1216 performances; amending s. 550.09512, F.S.; revising
1217 the circumstances for which a harness horse
1218 permitholder’s permit is voided for failing to pay
1219 certain taxes; prohibiting the reissue of such permit;
1220 amending s. 550.09514, F.S.; conforming cross
1221 references; amending s. 550.09515, F.S.; conforming
1222 provisions to changes made by the act; amending ss.
1223 550.105, 550.1155, and 550.1647, F.S.; conforming
1224 provisions to changes made by the act; repealing s.
1225 550.1648, F.S., relating to greyhound adoptions;
1226 amending ss. 550.175, 550.1815, and 550.24055, F.S.;
1227 conforming provisions to changes made by the act;
1228 amending s. 550.2415, F.S.; deleting provisions
1229 relating to the testing, euthanasia, training, and
1230 medication levels of racing greyhounds; amending s.
1231 550.26165, F.S.; conforming a cross-reference;
1232 amending s. 550.334, F.S.; conforming provisions to
1233 changes made by the act; amending s. 550.3345, F.S.;
1234 requiring that net revenues derived from specified
1235 licenses issued to not-for-profit corporations be
1236 dedicated to certain purposes; prohibiting the
1237 transfer of such licenses; providing construction;
1238 amending s. 550.3551, F.S.; conforming provisions to
1239 changes made by the act; conforming a cross-reference;
1240 amending s. 550.3615, F.S.; conforming provisions to
1241 changes made by the act; prohibiting a person
1242 convicted of bookmaking from attending or being
1243 admitted to a pari-mutuel facility; requiring pari
1244 mutuel facility employees to notify certain persons of
1245 unlawful activities; providing civil penalties;
1246 requiring a permittee to display certain warnings
1247 relating to bookmaking at his or her pari-mutuel
1248 facility; revising applicability; creating s.
1249 550.3616, F.S.; prohibiting persons authorized to
1250 conduct gaming or pari-mutuel operations in this state
1251 from racing greyhounds or other dogs in connection
1252 with any wager for money or thing of value; providing
1253 criminal penalties; prohibiting the suspension,
1254 deferment, or withholding of adjudication of guilt of
1255 certain persons; amending s. 550.475, F.S.; revising
1256 provisions relating to leasing pari-mutuel facilities;
1257 amending s. 550.5251, F.S.; deleting a prohibition
1258 against thoroughbred racing permitholders beginning
1259 races after a specified time; deleting provisions
1260 relating to the operation of cardrooms by thoroughbred
1261 racing permitholders after a specified time and
1262 receiving and rebroadcasting out-of-state races after
1263 a specified time under certain circumstances; amending
1264 s. 550.615, F.S.; revising requirements relating to
1265 intertrack wagering; specifying that greyhound
1266 permitholders are qualified to receive certain
1267 broadcasts and accept specified wagers; amending s.
1268 550.6305, F.S.; conforming provisions to changes made
1269 by the act; conforming cross-references; amending s.
1270 550.6308, F.S.; revising requirements for a limited
1271 intertrack wagering license; revising requirements for
1272 intertrack wagering; deleting requirements for limited
1273 intertrack wagering licensees to make specified
1274 payments; amending s. 551.114, F.S.; revising
1275 requirements for the location of designated slot
1276 machine gaming areas; amending s. 551.116, F.S.;
1277 authorizing slot machine gaming areas to be open 24
1278 hours per day throughout the year; amending s.
1279 551.121, F.S.; deleting a provision prohibiting
1280 complimentary or reduced-cost alcoholic beverages to
1281 be served to a person playing a slot machine; amending
1282 s. 565.02, F.S.; conforming provisions to changes made
1283 by the act; amending s. 849.086, F.S.; prohibiting a
1284 cardroom license from being issued to certain
1285 permitholders;