Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 8-A
Ì938248HÎ938248
LEGISLATIVE ACTION
Senate . House
Comm: WD .
05/17/2021 .
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The Committee on Appropriations (Farmer) recommended the
following:
1 Senate Substitute for Amendment (406258) (with title
2 amendment)
3
4 Delete lines 291 - 1238
5 and insert:
6 A jai alai permitholder, harness horse racing permitholder,
7 quarter horse racing permitholder, or thoroughbred racing
8 permitholder may elect not to conduct live racing or games. A
9 greyhound permitholder, jai alai permitholder, harness horse
10 racing permitholder, quarter horse racing permitholder, or
11 thoroughbred permitholder that does not conduct live racing or
12 games retains its permit; is a pari-mutuel facility as defined
13 in s. 550.002(23); if such permitholder has been issued a slot
14 machine license, the facility where such permit is located
15 remains an eligible facility as defined in s. 551.102(4),
16 continues to be eligible for a slot machine license pursuant to
17 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and
18 551.114(2); is eligible, but not required, to be a guest track
19 and, if the permitholder is a harness horse racing permitholder,
20 to be a host track for purposes of intertrack wagering and
21 simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and
22 550.6305; and remains eligible for a cardroom license.
23 2. A permitholder or licensee may not conduct live
24 greyhound racing or dogracing in connection with any wager for
25 money or any other thing of value in the state. The division may
26 deny, suspend, or revoke any permit or license under this
27 chapter if a permitholder or licensee conducts live greyhound
28 racing or dogracing in violation of this subparagraph. In
29 addition to, or in lieu of, denial, suspension, or revocation of
30 such permit or license, the division may impose a civil penalty
31 of up to $5,000 against the permitholder or licensee for a
32 violation of this subparagraph. All penalties imposed and
33 collected must be deposited with the Chief Financial Officer to
34 the credit of the General Revenue Fund.
35 (c) Permitholders may shall be entitled to amend their
36 applications through February 28.
37 (d) Notwithstanding any other provision of law, other than
38 a permitholder issued a permit pursuant to s. 550.3345, a pari
39 mutuel permitholder may not be issued an operating license for
40 the conduct of pari-mutuel wagering, slot machine gaming, or the
41 operation of a cardroom if the permitholder did not hold an
42 operating license for the conduct of pari-mutuel wagering for
43 fiscal year 2020-2021.
44 (2) After the first license has been issued to a
45 permitholder, all subsequent annual applications for a license
46 shall be accompanied by proof, in such form as the division may
47 by rule require, that the permitholder continues to possess the
48 qualifications prescribed by this chapter, and that the permit
49 has not been disapproved at a later election.
50 (3) The division shall issue each license no later than
51 March 15. Each permitholder shall operate all performances at
52 the date and time specified on its license. The division shall
53 have the authority to approve minor changes in racing dates
54 after a license has been issued. The division may approve
55 changes in racing dates after a license has been issued when
56 there is no objection from any operating permitholder that is
57 conducting live racing or games and that is located within 50
58 miles of the permitholder requesting the changes in operating
59 dates. In the event of an objection, the division shall approve
60 or disapprove the change in operating dates based upon the
61 impact on operating permitholders located within 50 miles of the
62 permitholder requesting the change in operating dates. In making
63 the determination to change racing dates, the division shall
64 take into consideration the impact of such changes on state
65 revenues. Notwithstanding any other provision of law, and for
66 the 2021-2022 state fiscal year only, the division may approve
67 changes in operating dates for a jai alai permitholder, harness
68 horse racing permitholder, quarter horse racing permitholder, or
69 thoroughbred permitholder if the request for such changes is
70 received before October 1, 2021.
71 (4) In the event that a permitholder fails to operate all
72 performances specified on its license at the date and time
73 specified, the division shall hold a hearing to determine
74 whether to fine or suspend the permitholder’s license, unless
75 such failure was the direct result of fire, strike, war,
76 hurricane, pandemic, or other disaster or event beyond the
77 ability of the permitholder to control. Financial hardship to
78 the permitholder shall not, in and of itself, constitute just
79 cause for failure to operate all performances on the dates and
80 at the times specified.
81 (5) In the event that performances licensed to be operated
82 by a permitholder are vacated, abandoned, or will not be used
83 for any reason, any permitholder shall be entitled, pursuant to
84 rules adopted by the division, to apply to conduct performances
85 on the dates for which the performances have been abandoned. The
86 division shall issue an amended license for all such replacement
87 performances which have been requested in compliance with the
88 provisions of this chapter and division rules.
89 (6) Any permit which was converted from a jai alai permit
90 to a greyhound permit may be converted to a jai alai permit at
91 any time if the permitholder never conducted greyhound racing or
92 if the permitholder has not conducted greyhound racing for a
93 period of 12 consecutive months.
94 Section 4. Section 550.0235, Florida Statutes, is amended
95 to read:
96 550.0235 Limitation of civil liability.—No permitholder
97 licensed to conduct pari-mutuel wagering permittee conducting a
98 racing meet pursuant to the provisions of this chapter; no
99 division director or employee of the division; and no steward,
100 judge, or other person appointed to act pursuant to this chapter
101 shall be held liable to any person, partnership, association,
102 corporation, or other business entity for any cause whatsoever
103 arising out of, or from, the performance by such permittee,
104 director, employee, steward, judge, or other person of her or
105 his duties and the exercise of her or his discretion with
106 respect to the implementation and enforcement of the statutes
107 and rules governing the conduct of pari-mutuel wagering, so long
108 as she or he acted in good faith. This section shall not limit
109 liability in any situation in which the negligent maintenance of
110 the premises or the negligent conduct of a race contributed to
111 an accident; nor shall it limit any contractual liability.
112 Section 5. Subsections (1) and (7) of section 550.0351,
113 Florida Statutes, are amended to read:
114 550.0351 Charity racing days.—
115 (1) The division shall, upon the request of a permitholder,
116 authorize each horseracing permitholder, dogracing permitholder,
117 and jai alai permitholder up to five charity or scholarship days
118 in addition to the regular racing days authorized by law.
119 (7) In addition to the charity days authorized by this
120 section, any dogracing permitholder may allow its facility to be
121 used for conducting “hound dog derbies” or “mutt derbies” on any
122 day during each racing season by any charitable, civic, or
123 nonprofit organization for the purpose of conducting “hound dog
124 derbies” or “mutt derbies” if only dogs other than those usually
125 used in dogracing (greyhounds) are permitted to race and if
126 adults and minors are allowed to participate as dog owners or
127 spectators. During these racing events, betting, gambling, and
128 the sale or use of alcoholic beverages is prohibited.
129 Section 6. Subsection (4) of section 550.0425, Florida
130 Statutes, is amended to read:
131 550.0425 Minors attendance at pari-mutuel performances;
132 restrictions.—
133 (4) Minor children of licensed greyhound trainers, kennel
134 operators, or other licensed persons employed in the kennel
135 compound areas may be granted access to kennel compound areas
136 without being licensed, provided they are in no way employed
137 unless properly licensed, and only when under the direct
138 supervision of one of their parents or legal guardian.
139 Section 7. Subsection (2) of section 550.054, Florida
140 Statutes, is amended, paragraph (c) is added to subsection (9)
141 of that section, and subsection (15) is added to that section,
142 to read:
143 550.054 Application for permit to conduct pari-mutuel
144 wagering.—
145 (2) Upon each application filed and approved, a permit
146 shall be issued to the applicant setting forth the name of the
147 permitholder, the location of the pari-mutuel facility, the type
148 of pari-mutuel activity desired to be conducted, and a statement
149 showing qualifications of the applicant to conduct pari-mutuel
150 performances under this chapter; however, a permit is
151 ineffectual to authorize any pari-mutuel performances until
152 approved by a majority of the electors participating in a
153 ratification election in the county in which the applicant
154 proposes to conduct pari-mutuel wagering activities. In
155 addition, an application may not be considered, nor may a permit
156 be issued by the division or be voted upon in any county, to
157 conduct horseraces, harness horse races, or pari-mutuel wagering
158 dograces at a location within 100 miles of an existing pari
159 mutuel facility, or for jai alai within 50 miles of an existing
160 pari-mutuel facility; this distance shall be measured on a
161 straight line from the nearest property line of one pari-mutuel
162 facility to the nearest property line of the other facility.
163 (9)
164 (c) The division shall revoke the permit of any
165 permitholder, other than a permitholder issued a permit pursuant
166 to s. 550.3345, who did not hold an operating license for the
167 conduct of pari-mutuel wagering for fiscal year 2020-2021. A
168 permit revoked under this paragraph is void and may not be
169 reissued.
170 (15)(a) Notwithstanding any other provision of law, a
171 permit for the conduct of pari-mutuel wagering and associated
172 cardroom or slot machine licenses may only be held by a
173 permitholder who held an operating license for the conduct of
174 pari-mutuel wagering for fiscal year 2020-2021 or who holds a
175 permit issued pursuant to s. 550.3345;
176 (b) All permits issued under this chapter held by
177 permitholders on January 1, 2021, are deemed valid for the sole
178 and exclusive purpose of satisfying all conditions for the valid
179 issuance of the permits, if such permitholder held an operating
180 license for the conduct of pari-mutuel wagering for fiscal year
181 2020-2021 or if such permitholder held a permit issued pursuant
182 to s. 550.3345;
183 (c) Additional permits for the conduct of pari-mutuel
184 wagering may not be approved or issued by the division after
185 January 1, 2021; and
186 (d) A permit to conduct pari-mutuel wagering may not be
187 converted to another class of permit.
188 Section 8. Section 550.0745, Florida Statutes, is amended
189 to read:
190 550.0745 Conversion of pari-mutuel permit to Summer jai
191 alai permit periods of operation.—A permitholder issued a permit
192 under former subsection (1) of this section, Florida Statutes
193 2020, for the operation of a jai alai fronton during the summer
194 season may conduct pari-mutuel wagering throughout the year
195 (1) The owner or operator of a pari-mutuel permit who is
196 authorized by the division to conduct pari-mutuel pools on
197 exhibition sports in any county having five or more such pari
198 mutuel permits and whose mutuel play from the operation of such
199 pari-mutuel pools for the 2 consecutive years next prior to
200 filing an application under this section has had the smallest
201 play or total pool within the county may apply to the division
202 to convert its permit to a permit to conduct a summer jai alai
203 fronton in such county during the summer season commencing on
204 May 1 and ending on November 30 of each year on such dates as
205 may be selected by such permittee for the same number of days
206 and performances as are allowed and granted to winter jai alai
207 frontons within such county. If a permittee who is eligible
208 under this section to convert a permit declines to convert, a
209 new permit is hereby made available in that permittee’s county
210 to conduct summer jai alai games as provided by this section,
211 notwithstanding mileage and permit ratification requirements. If
212 a permittee converts a quarter horse permit pursuant to this
213 section, nothing in this section prohibits the permittee from
214 obtaining another quarter horse permit. Such permittee shall pay
215 the same taxes as are fixed and required to be paid from the
216 pari-mutuel pools of winter jai alai permittees and is bound by
217 all of the rules and provisions of this chapter which apply to
218 the operation of winter jai alai frontons. Such permittee shall
219 only be permitted to operate a jai alai fronton after its
220 application has been submitted to the division and its license
221 has been issued pursuant to the application. The license is
222 renewable from year to year as provided by law.
223 (2) Such permittee is entitled to the issuance of a license
224 for the operation of a jai alai fronton during the summer season
225 as fixed in this section. A permittee granted a license under
226 this section may not conduct pari-mutuel pools during the summer
227 season except at a jai alai fronton as provided in this section.
228 Such license authorizes the permittee to operate at any jai alai
229 permittee’s plant it may lease or build within such county.
230 (3) Such license for the operation of a jai alai fronton
231 shall never be permitted to be operated during the jai alai
232 winter season; and neither the jai alai winter licensee or the
233 jai alai summer licensee shall be permitted to operate on the
234 same days or in competition with each other. This section does
235 not prevent the summer jai alai permittee from leasing the
236 facilities of the winter jai alai permittee for the operation of
237 the summer meet.
238 (4) The provisions of this chapter which prohibit the
239 location and operation of jai alai frontons within a specified
240 distance from the location of another jai alai fronton or other
241 permittee and which prohibit the division from granting any
242 permit at a location within a certain designated area do not
243 apply to the provisions of this section and do not prevent the
244 issuance of a license under this section.
245 Section 9. Paragraph (c) of subsection (3) of section
246 550.0951, Florida Statutes, is amended to read:
247 550.0951 Payment of daily license fee and taxes;
248 penalties.—
249 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
250 contributions to pari-mutuel pools, the aggregate of which is
251 hereinafter referred to as “handle,” on races or games conducted
252 by the permitholder. The tax is imposed daily and is based on
253 the total contributions to all pari-mutuel pools conducted
254 during the daily performance. If a permitholder conducts more
255 than one performance daily, the tax is imposed on each
256 performance separately.
257 (c)1. The tax on handle for intertrack wagering is 2.0
258 percent of the handle if the host track is a horse track, 3.3
259 percent if the host track is a harness track, 5.5 percent if the
260 host track is a dog track, and 7.1 percent if the host track is
261 a jai alai fronton. The tax on handle for intertrack wagering is
262 0.5 percent if the host track and the guest track are
263 thoroughbred permitholders or if the guest track is located
264 outside the market area of the host track and within the market
265 area of a thoroughbred permitholder currently conducting a live
266 race meet. The tax on handle for intertrack wagering on
267 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
268 of the handle and 1.5 percent of the handle for intertrack
269 wagering on rebroadcasts of simulcast harness horseraces. The
270 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
271 2. The tax on handle for intertrack wagers accepted by any
272 dog track located in an area of the state in which there are
273 only three permitholders, all of which are greyhound
274 permitholders, located in three contiguous counties, from any
275 greyhound permitholder also located within such area or any dog
276 track or jai alai fronton located as specified in s. 550.615(5)
277 or (8) s. 550.615(6) or (9), on races or games received from the
278 same class of permitholder located within the same market area
279 is 3.9 percent if the host facility is a greyhound permitholder
280 and, if the host facility is a jai alai permitholder, the rate
281 shall be 6.1 percent except that it shall be 2.3 percent on
282 handle at such time as the total tax on intertrack handle paid
283 to the division by the permitholder during the current state
284 fiscal year exceeds the total tax on intertrack handle paid to
285 the division by the permitholder during the 1992-1993 state
286 fiscal year.
287 Section 10. Subsection (4) of section 550.09511, Florida
288 Statutes, is amended to read:
289 550.09511 Jai alai taxes; abandoned interest in a permit
290 for nonpayment of taxes.—
291 (4) A jai alai permitholder conducting fewer than 100 live
292 performances in any calendar year shall pay to the state the
293 same aggregate amount of daily license fees on live jai alai
294 games, admissions tax, and tax on live handle as that
295 permitholder paid to the state during the most recent prior
296 calendar year in which the jai alai permitholder conducted at
297 least 100 live performances.
298 Section 11. Paragraph (a) of subsection (3) of section
299 550.09512, Florida Statutes, is amended to read:
300 550.09512 Harness horse taxes; abandoned interest in a
301 permit for nonpayment of taxes.—
302 (3)(a) The permit of a harness horse permitholder who is
303 conducting live harness horse performances and who does not pay
304 tax on handle for any such live harness horse performances
305 conducted for a full schedule of live races during any 2
306 consecutive state fiscal years shall be void and may not be
307 reissued shall escheat to and become the property of the state
308 unless such failure to operate and pay tax on handle was the
309 direct result of fire, strike, war, hurricane, pandemic, or
310 other disaster or event beyond the ability of the permitholder
311 to control. Financial hardship to the permitholder shall not, in
312 and of itself, constitute just cause for failure to operate and
313 pay tax on handle.
314 Section 12. Paragraph (b) of subsection (2) of section
315 550.09514, Florida Statutes, is amended to read:
316 550.09514 Greyhound dogracing taxes; purse requirements.—
317 (2)
318 (b) Except as otherwise set forth herein, in addition to
319 the minimum purse percentage required by paragraph (a), each
320 permitholder shall pay as purses an annual amount equal to 75
321 percent of the daily license fees paid by each permitholder for
322 the 1994-1995 fiscal year. This purse supplement shall be
323 disbursed weekly during the permitholder’s race meet in an
324 amount determined by dividing the annual purse supplement by the
325 number of performances approved for the permitholder pursuant to
326 its annual license and multiplying that amount by the number of
327 performances conducted each week. For the greyhound
328 permitholders in the county where there are two greyhound
329 permitholders located as specified in s. 550.615(5) s.
330 550.615(6), such permitholders shall pay in the aggregate an
331 amount equal to 75 percent of the daily license fees paid by
332 such permitholders for the 1994-1995 fiscal year. These
333 permitholders shall be jointly and severally liable for such
334 purse payments. The additional purses provided by this paragraph
335 must be used exclusively for purses other than stakes. The
336 division shall conduct audits necessary to ensure compliance
337 with this section.
338 Section 13. Paragraph (a) of subsection (3) and subsection
339 (7) of section 550.09515, Florida Statutes, are amended to read:
340 550.09515 Thoroughbred horse taxes; abandoned interest in a
341 permit for nonpayment of taxes.—
342 (3)(a) The permit of a thoroughbred horse permitholder who
343 is conducting live thoroughbred horse performances and who does
344 not pay tax on handle for such live thoroughbred horse
345 performances conducted for a full schedule of live races during
346 any 2 consecutive state fiscal years shall be void and shall
347 escheat to and become the property of the state unless such
348 failure to operate and pay tax on handle was the direct result
349 of fire, strike, war, or other disaster or event beyond the
350 ability of the permitholder to control. Financial hardship to
351 the permitholder shall not, in and of itself, constitute just
352 cause for failure to operate and pay tax on handle.
353 (7) If a thoroughbred permitholder fails to operate all
354 performances on its 2001-2002 license, failure to pay tax on
355 handle for a full schedule of live races for those performances
356 in the 2001-2002 fiscal year does not constitute failure to pay
357 taxes on handle for a full schedule of live races in a fiscal
358 year for the purposes of subsection (3). This subsection may not
359 be construed as forgiving a thoroughbred permitholder from
360 paying taxes on performances conducted at its facility pursuant
361 to its 2001-2002 license other than for failure to operate all
362 performances on its 2001-2002 license. This subsection expires
363 July 1, 2003.
364 Section 14. Subsections (2) and (9) of section 550.105,
365 Florida Statutes, are amended to read:
366 550.105 Occupational licenses of racetrack employees; fees;
367 denial, suspension, and revocation of license; penalties and
368 fines.—
369 (2)(a) The following licenses shall be issued to persons or
370 entities with access to the backside, racing animals, jai alai
371 players’ room, jockeys’ room, drivers’ room, totalisator room,
372 the mutuels, or money room, or to persons who, by virtue of the
373 position they hold, might be granted access to these areas or to
374 any other person or entity in one of the following categories
375 and with fees not to exceed the following amounts for any 12
376 month period:
377 1. Business licenses: any business such as a vendor,
378 contractual concessionaire, contract kennel, business owning
379 racing animals, trust or estate, totalisator company, stable
380 name, or other fictitious name: $50.
381 2. Professional occupational licenses: professional persons
382 with access to the backside of a racetrack or players’ quarters
383 in jai alai such as trainers, officials, veterinarians, doctors,
384 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
385 players, owners, trustees, or any management or officer or
386 director or shareholder or any other professional-level person
387 who might have access to the jockeys’ room, the drivers’ room,
388 the backside, racing animals, kennel compound, or managers or
389 supervisors requiring access to mutuels machines, the money
390 room, or totalisator equipment: $40.
391 3. General occupational licenses: general employees with
392 access to the jockeys’ room, the drivers’ room, racing animals,
393 the backside of a racetrack or players’ quarters in jai alai,
394 such as grooms, kennel helpers, leadouts, pelota makers, cesta
395 makers, or ball boys, or a practitioner of any other occupation
396 who would have access to the animals or, the backside, or the
397 kennel compound, or who would provide the security or
398 maintenance of these areas, or mutuel employees, totalisator
399 employees, money-room employees, or any employee with access to
400 mutuels machines, the money room, or totalisator equipment or
401 who would provide the security or maintenance of these areas:
402 $10.
403
404 The individuals and entities that are licensed under this
405 paragraph require heightened state scrutiny, including the
406 submission by the individual licensees or persons associated
407 with the entities described in this chapter of fingerprints for
408 a Federal Bureau of Investigation criminal records check.
409 (b) The division shall adopt rules pertaining to pari
410 mutuel occupational licenses, licensing periods, and renewal
411 cycles.
412 (9) The tax imposed by this section is in lieu of all
413 license, excise, or occupational taxes to the state or any
414 county, municipality, or other political subdivision, except
415 that, if a race meeting or game is held or conducted in a
416 municipality, the municipality may assess and collect an
417 additional tax against any person conducting live racing or
418 games within its corporate limits, which tax may not exceed $150
419 per day for horseracing or $50 per day for dogracing or jai
420 alai. Except as provided in this chapter, a municipality may not
421 assess or collect any additional excise or revenue tax against
422 any person conducting race meetings within the corporate limits
423 of the municipality or against any patron of any such person.
424 Section 15. Section 550.1155, Florida Statutes, is amended
425 to read:
426 550.1155 Authority of stewards, judges, panel of judges, or
427 player’s manager to impose penalties against occupational
428 licensees; disposition of funds collected.—
429 (1) The stewards at a horse racetrack; the judges at a dog
430 track; or the judges, a panel of judges, or a player’s manager
431 at a jai alai fronton may impose a civil penalty against any
432 occupational licensee for violation of the pari-mutuel laws or
433 any rule adopted by the division. The penalty may not exceed
434 $1,000 for each count or separate offense or exceed 60 days of
435 suspension for each count or separate offense.
436 (2) All penalties imposed and collected pursuant to this
437 section at each horse or dog racetrack or jai alai fronton shall
438 be deposited into a board of relief fund established by the
439 pari-mutuel permitholder. Each association shall name a board of
440 relief composed of three of its officers, with the general
441 manager of the permitholder being the ex officio treasurer of
442 such board. Moneys deposited into the board of relief fund shall
443 be disbursed by the board for the specific purpose of aiding
444 occupational licenseholders and their immediate family members
445 at each pari-mutuel facility.
446 Section 16. Section 550.1647, Florida Statutes, is amended
447 to read:
448 550.1647 Greyhound permitholders; unclaimed tickets;
449 breaks.—All money or other property represented by any
450 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
451 remained in the custody of or under the control of any greyhound
452 permitholder authorized to conduct greyhound racing pari-mutuel
453 wagering pools in this state for a period of 1 year after the
454 date the pari-mutuel ticket was issued, if the rightful owner or
455 owners thereof have made no claim or demand for such money or
456 other property within that period of time, shall, with respect
457 to live races conducted by the permitholder, be remitted to the
458 state pursuant to s. 550.1645; however, such permitholder shall
459 be entitled to a credit in each state fiscal year in an amount
460 equal to the actual amount remitted in the prior state fiscal
461 year which may be applied against any taxes imposed pursuant to
462 this chapter. In addition, each permitholder shall pay, from any
463 source, including the proceeds from performances conducted
464 pursuant to s. 550.0351, an amount not less than 10 percent of
465 the amount of the credit provided by this section to any bona
466 fide organization that promotes or encourages the adoption of
467 greyhounds. As used in this chapter, the term “bona fide
468 organization that promotes or encourages the adoption of
469 greyhounds” means any organization that provides evidence of
470 compliance with chapter 496 and possesses a valid exemption from
471 federal taxation issued by the Internal Revenue Service. Such
472 bona fide organization, as a condition of adoption, must provide
473 sterilization of greyhounds by a licensed veterinarian before
474 relinquishing custody of the greyhound to the adopter. The fee
475 for sterilization may be included in the cost of adoption.
476 Section 17. Section 550.1648, Florida Statutes, is
477 repealed.
478 Section 18. Section 550.175, Florida Statutes, is amended
479 to read:
480 550.175 Petition for election to revoke permit.—Upon
481 petition of 20 percent of the qualified electors of any county
482 wherein any pari-mutuel wagering racing has been licensed and
483 conducted under this chapter, the county commissioners of such
484 county shall provide for the submission to the electors of such
485 county at the then next succeeding general election the question
486 of whether any permit or permits theretofore granted shall be
487 continued or revoked, and if a majority of the electors voting
488 on such question in such election vote to cancel or recall the
489 permit theretofore given, the division may not thereafter grant
490 any license on the permit so recalled. Every signature upon
491 every recall petition must be signed in the presence of the
492 clerk of the board of county commissioners at the office of the
493 clerk of the circuit court of the county, and the petitioner
494 must present at the time of such signing her or his registration
495 receipt showing the petitioner’s qualification as an elector of
496 the county at the time of the signing of the petition. Not more
497 than one permit may be included in any one petition; and, in all
498 elections in which the recall of more than one permit is voted
499 on, the voters shall be given an opportunity to vote for or
500 against the recall of each permit separately. Nothing in this
501 chapter shall be construed to prevent the holding of later
502 referendum or recall elections.
503 Section 19. Subsection (1) of section 550.1815, Florida
504 Statutes, is amended to read:
505 550.1815 Certain persons prohibited from holding racing or
506 jai alai permits; suspension and revocation.—
507 (1) A corporation, general or limited partnership, sole
508 proprietorship, business trust, joint venture, or unincorporated
509 association, or other business entity may not hold any
510 horseracing or greyhound dogracing permit or jai alai fronton
511 permit in this state if any one of the persons or entities
512 specified in paragraph (a) has been determined by the division
513 not to be of good moral character or has been convicted of any
514 offense specified in paragraph (b).
515 (a)1. The permitholder;
516 2. An employee of the permitholder;
517 3. The sole proprietor of the permitholder;
518 4. A corporate officer or director of the permitholder;
519 5. A general partner of the permitholder;
520 6. A trustee of the permitholder;
521 7. A member of an unincorporated association permitholder;
522 8. A joint venturer of the permitholder;
523 9. The owner of more than 5 percent of any equity interest
524 in the permitholder, whether as a common shareholder, general or
525 limited partner, voting trustee, or trust beneficiary; or
526 10. An owner of any interest in the permit or permitholder,
527 including any immediate family member of the owner, or holder of
528 any debt, mortgage, contract, or concession from the
529 permitholder, who by virtue thereof is able to control the
530 business of the permitholder.
531 (b)1. A felony in this state;
532 2. Any felony in any other state which would be a felony if
533 committed in this state under the laws of this state;
534 3. Any felony under the laws of the United States;
535 4. A felony under the laws of another state if related to
536 gambling which would be a felony under the laws of this state if
537 committed in this state; or
538 5. Bookmaking as defined in s. 849.25.
539 Section 20. Subsection (2) of section 550.24055, Florida
540 Statutes, is amended to read:
541 550.24055 Use of controlled substances or alcohol
542 prohibited; testing of certain occupational licensees; penalty;
543 evidence of test or action taken and admissibility for criminal
544 prosecution limited.—
545 (2) The occupational licensees, by applying for and holding
546 such licenses, are deemed to have given their consents to submit
547 to an approved chemical test of their breath for the purpose of
548 determining the alcoholic content of their blood and to a urine
549 or blood test for the purpose of detecting the presence of
550 controlled substances. Such tests shall only be conducted upon
551 reasonable cause that a violation has occurred as shall be
552 determined solely by the stewards at a horseracing meeting or
553 the judges or board of judges at a dogtrack or jai alai meet.
554 The failure to submit to such test may result in a suspension of
555 the person’s occupational license for a period of 10 days or
556 until this section has been complied with, whichever is longer.
557 (a) If there was at the time of the test 0.05 percent or
558 less by weight of alcohol in the person’s blood, the person is
559 presumed not to have been under the influence of alcoholic
560 beverages to the extent that the person’s normal faculties were
561 impaired, and no action of any sort may be taken by the
562 stewards, judges, or board of judges or the division.
563 (b) If there was at the time of the test an excess of 0.05
564 percent but less than 0.08 percent by weight of alcohol in the
565 person’s blood, that fact does not give rise to any presumption
566 that the person was or was not under the influence of alcoholic
567 beverages to the extent that the person’s faculties were
568 impaired, but the stewards, judges, or board of judges may
569 consider that fact in determining whether or not the person will
570 be allowed to officiate or participate in any given race or jai
571 alai game.
572 (c) If there was at the time of the test 0.08 percent or
573 more by weight of alcohol in the person’s blood, that fact is
574 prima facie evidence that the person was under the influence of
575 alcoholic beverages to the extent that the person’s normal
576 faculties were impaired, and the stewards or judges may take
577 action as set forth in this section, but the person may not
578 officiate at or participate in any race or jai alai game on the
579 day of such test.
580
581 All tests relating to alcohol must be performed in a manner
582 substantially similar, or identical, to the provisions of s.
583 316.1934 and rules adopted pursuant to that section. Following a
584 test of the urine or blood to determine the presence of a
585 controlled substance as defined in chapter 893, if a controlled
586 substance is found to exist, the stewards, judges, or board of
587 judges may take such action as is permitted in this section.
588 Section 21. Paragraph (d) of subsection (5), paragraphs (b)
589 and (c) of subsection (6), paragraph (a) of subsection (9), and
590 subsection (13) of section 550.2415, Florida Statutes, are
591 amended to read:
592 550.2415 Racing of animals under certain conditions
593 prohibited; penalties; exceptions.—
594 (5) The division shall implement a split-sample procedure
595 for testing animals under this section.
596 (d) For the testing of a racing greyhound, if there is an
597 insufficient quantity of the secondary (split) sample for
598 confirmation of the division laboratory’s positive result, the
599 division may commence administrative proceedings as prescribed
600 in this chapter and consistent with chapter 120.
601 (6)
602 (b) The division shall, by rule, establish the procedures
603 for euthanizing greyhounds. However, a greyhound may not be put
604 to death by any means other than by lethal injection of the drug
605 sodium pentobarbital. A greyhound may not be removed from this
606 state for the purpose of being destroyed.
607 (c) It is a violation of this chapter for an occupational
608 licensee to train a greyhound using live or dead animals. A
609 greyhound may not be taken from this state for the purpose of
610 being trained through the use of live or dead animals.
611 (9)(a) The division may conduct a postmortem examination of
612 any animal that is injured at a permitted racetrack while in
613 training or in competition and that subsequently expires or is
614 destroyed. The division may conduct a postmortem examination of
615 any animal that expires while housed at a permitted racetrack,
616 association compound, or licensed kennel or farm. Trainers and
617 owners shall be requested to comply with this paragraph as a
618 condition of licensure.
619 (13) The division may implement by rule medication levels
620 for racing greyhounds recommended by the University of Florida
621 College of Veterinary Medicine developed pursuant to an
622 agreement between the Division of Pari-mutuel Wagering and the
623 University of Florida College of Veterinary Medicine. The
624 University of Florida College of Veterinary Medicine may provide
625 written notification to the division that it has completed
626 research or review on a particular drug pursuant to the
627 agreement and when the College of Veterinary Medicine has
628 completed a final report of its findings, conclusions, and
629 recommendations to the division.
630 Section 22. Subsection (1) of section 550.26165, Florida
631 Statutes, is amended to read:
632 550.26165 Breeders’ awards.—
633 (1) The purpose of this section is to encourage the
634 agricultural activity of breeding and training racehorses in
635 this state. Moneys dedicated in this chapter for use as
636 breeders’ awards and stallion awards are to be used for awards
637 to breeders of registered Florida-bred horses winning horseraces
638 and for similar awards to the owners of stallions who sired
639 Florida-bred horses winning stakes races, if the stallions are
640 registered as Florida stallions standing in this state. Such
641 awards shall be given at a uniform rate to all winners of the
642 awards, shall not be greater than 20 percent of the announced
643 gross purse, and shall not be less than 15 percent of the
644 announced gross purse if funds are available. In addition, no
645 less than 17 percent nor more than 40 percent, as determined by
646 the Florida Thoroughbred Breeders’ Association, of the moneys
647 dedicated in this chapter for use as breeders’ awards and
648 stallion awards for thoroughbreds shall be returned pro rata to
649 the permitholders that generated the moneys for special racing
650 awards to be distributed by the permitholders to owners of
651 thoroughbred horses participating in prescribed thoroughbred
652 stakes races, nonstakes races, or both, all in accordance with a
653 written agreement establishing the rate, procedure, and
654 eligibility requirements for such awards entered into by the
655 permitholder, the Florida Thoroughbred Breeders’ Association,
656 and the Florida Horsemen’s Benevolent and Protective
657 Association, Inc., except that the plan for the distribution by
658 any permitholder located in the area described in s. 550.615(8)
659 s. 550.615(9) shall be agreed upon by that permitholder, the
660 Florida Thoroughbred Breeders’ Association, and the association
661 representing a majority of the thoroughbred racehorse owners and
662 trainers at that location. Awards for thoroughbred races are to
663 be paid through the Florida Thoroughbred Breeders’ Association,
664 and awards for standardbred races are to be paid through the
665 Florida Standardbred Breeders and Owners Association. Among
666 other sources specified in this chapter, moneys for thoroughbred
667 breeders’ awards will come from the 0.955 percent of handle for
668 thoroughbred races conducted, received, broadcast, or simulcast
669 under this chapter as provided in s. 550.2625(3). The moneys for
670 quarter horse and harness breeders’ awards will come from the
671 breaks and uncashed tickets on live quarter horse and harness
672 racing performances and 1 percent of handle on intertrack
673 wagering. The funds for these breeders’ awards shall be paid to
674 the respective breeders’ associations by the permitholders
675 conducting the races.
676 Section 23. Subsection (8) of section 550.334, Florida
677 Statutes, is amended to read:
678 550.334 Quarter horse racing; substitutions.—
679 (8) To be eligible to conduct intertrack wagering, a
680 quarter horse racing permitholder must have conducted a full
681 schedule of live racing in the preceding year.
682 Section 24. Paragraphs (a) and (e) of subsection (2) and
683 subsection (3) of section 550.3345, Florida Statutes, are
684 amended to read:
685 550.3345 Conversion of quarter horse permit to a limited
686 thoroughbred permit.—
687 (2) Notwithstanding any other provision of law, the holder
688 of a quarter horse racing permit issued under s. 550.334 may,
689 within 1 year after the effective date of this section, apply to
690 the division for a transfer of the quarter horse racing permit
691 to a not-for-profit corporation formed under state law to serve
692 the purposes of the state as provided in subsection (1). The
693 board of directors of the not-for-profit corporation must be
694 comprised of 11 members, 4 of whom shall be designated by the
695 applicant, 4 of whom shall be designated by the Florida
696 Thoroughbred Breeders’ Association, and 3 of whom shall be
697 designated by the other 8 directors, with at least 1 of these 3
698 members being an authorized representative of another
699 thoroughbred permitholder in this state. The not-for-profit
700 corporation shall submit an application to the division for
701 review and approval of the transfer in accordance with s.
702 550.054. Upon approval of the transfer by the division, and
703 notwithstanding any other provision of law to the contrary, the
704 not-for-profit corporation may, within 1 year after its receipt
705 of the permit, request that the division convert the quarter
706 horse racing permit to a permit authorizing the holder to
707 conduct pari-mutuel wagering meets of thoroughbred racing.
708 Neither the transfer of the quarter horse racing permit nor its
709 conversion to a limited thoroughbred permit shall be subject to
710 the mileage limitation or the ratification election as set forth
711 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
712 for such conversion, the division shall timely issue a converted
713 permit. The converted permit and the not-for-profit corporation
714 shall be subject to the following requirements:
715 (a) All net revenues derived by the not-for-profit
716 corporation under the thoroughbred horse racing permit and any
717 license issued to the not-for-profit corporation under chapter
718 849, after the funding of operating expenses and capital
719 improvements, shall be dedicated to the enhancement of
720 thoroughbred purses and breeders’, stallion, and special racing
721 awards under this chapter; the general promotion of the
722 thoroughbred horse breeding industry; and the care in this state
723 of thoroughbred horses retired from racing.
724 (e) A No permit converted under this section and a license
725 issued to the not-for-profit corporation under chapter 849 are
726 not is eligible for transfer to another person or entity.
727 (3) Unless otherwise provided in this section, after
728 conversion, the permit and the not-for-profit corporation shall
729 be treated under the laws of this state as a thoroughbred permit
730 and as a thoroughbred permitholder, respectively, with the
731 exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
732 Section 25. Subsections (2) and (4), paragraphs (a) and (b)
733 of subsection (6), and subsection (11) of section 550.3551,
734 Florida Statutes, are amended to read:
735 550.3551 Transmission of racing and jai alai information;
736 commingling of pari-mutuel pools.—
737 (2) Any horse track, dog track, or fronton licensed under
738 this chapter may transmit broadcasts of races or games conducted
739 at the enclosure of the licensee to locations outside this
740 state.
741 (a) All broadcasts of horseraces transmitted to locations
742 outside this state must comply with the provisions of the
743 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
744 3001 et seq.
745 (b) Wagers accepted by any out-of-state pari-mutuel
746 permitholder or licensed betting system on a race broadcasted
747 under this subsection may be, but are not required to be,
748 included in the pari-mutuel pools of the horse track in this
749 state that broadcasts the race upon which wagers are accepted.
750 The handle, as referred to in s. 550.0951(3), does not include
751 any wagers accepted by an out-of-state pari-mutuel permitholder
752 or licensed betting system, irrespective of whether such wagers
753 are included in the pari-mutuel pools of the Florida
754 permitholder as authorized by this subsection.
755 (4) Any greyhound permitholder or jai alai permitholder dog
756 track or fronton licensed under this chapter may receive at its
757 licensed location broadcasts of dograces or jai alai games
758 conducted at other tracks or frontons located outside the state
759 at the track enclosure of the licensee during its operational
760 meeting. All forms of pari-mutuel wagering are allowed on
761 dograces or jai alai games broadcast under this subsection. All
762 money wagered by patrons on dograces broadcast under this
763 subsection shall be computed in the amount of money wagered each
764 performance for purposes of taxation under ss. 550.0951 and
765 550.09511.
766 (6)(a) A maximum of 20 percent of the total number of races
767 on which wagers are accepted by a greyhound permitholder not
768 located as specified in s. 550.615(6) may be received from
769 locations outside this state. A permitholder conducting live
770 races or games may not conduct fewer than eight live races or
771 games on any authorized race day except as provided in this
772 subsection. A thoroughbred permitholder that elects to conduct
773 live racing may not conduct fewer than eight live races on any
774 race day without the written approval of the Florida
775 Thoroughbred Breeders’ Association and the Florida Horsemen’s
776 Benevolent and Protective Association, Inc., unless it is
777 determined by the department that another entity represents a
778 majority of the thoroughbred racehorse owners and trainers in
779 the state. If conducting live racing, a harness permitholder may
780 conduct fewer than eight live races on any authorized race day,
781 except that such permitholder must conduct a full schedule of
782 live racing during its race meet consisting of at least eight
783 live races per authorized race day for at least 100 days. Any
784 harness horse permitholder that during the preceding racing
785 season conducted a full schedule of live racing may, at any time
786 during its current race meet, receive full-card broadcasts of
787 harness horse races conducted at harness racetracks outside this
788 state at the harness track of the permitholder and accept wagers
789 on such harness races. With specific authorization from the
790 division for special racing events, a permitholder may conduct
791 fewer than eight live races or games when the permitholder also
792 broadcasts out-of-state races or games. The division may not
793 grant more than two such exceptions a year for a permitholder in
794 any 12-month period, and those two exceptions may not be
795 consecutive.
796 (b) Notwithstanding any other provision of this chapter,
797 any harness horse permitholder accepting broadcasts of out-of
798 state harness horse races when such permitholder is not
799 conducting live races must make the out-of-state signal
800 available to all permitholders eligible to conduct intertrack
801 wagering and shall pay to guest tracks located as specified in
802 ss. 550.615(5) and 550.6305(9)(d) ss. 550.615(6) and
803 550.6305(9)(d) 50 percent of the net proceeds after taxes and
804 fees to the out-of-state host track on harness race wagers which
805 they accept. A harness horse permitholder shall be required to
806 pay into its purse account 50 percent of the net income retained
807 by the permitholder on account of wagering on the out-of-state
808 broadcasts received pursuant to this subsection. Nine-tenths of
809 a percent of all harness wagering proceeds on the broadcasts
810 received pursuant to this subsection shall be paid to the
811 Florida Standardbred Breeders and Owners Association under the
812 provisions of s. 550.2625(4) for the purposes provided therein.
813 (11) Greyhound permitholders tracks and jai alai
814 permitholders frontons have the same privileges as provided in
815 this section to horserace permitholders horse tracks, as
816 applicable, subject to rules adopted under subsection (10).
817 Section 26. Subsections (1) and (3) through (6) of section
818 550.3615, Florida Statutes, are amended to read:
819 550.3615 Bookmaking on the grounds of a permitholder;
820 penalties; reinstatement; duties of track employees; penalty;
821 exceptions.—
822 (1) Any person who engages in bookmaking, as defined in s.
823 849.25, on the grounds or property of a pari-mutuel facility
824 commits permitholder of a horse or dog track or jai alai fronton
825 is guilty of a felony of the third degree, punishable as
826 provided in s. 775.082, s. 775.083, or s. 775.084.
827 Notwithstanding the provisions of s. 948.01, any person
828 convicted under the provisions of this subsection shall not have
829 adjudication of guilt suspended, deferred, or withheld.
830 (3) Any person who has been convicted of bookmaking in this
831 state or any other state of the United States or any foreign
832 country shall be denied admittance to and shall not attend any
833 pari-mutuel facility racetrack or fronton in this state during
834 its racing seasons or operating dates, including any practice or
835 preparational days, for a period of 2 years after the date of
836 conviction or the date of final appeal. Following the conclusion
837 of the period of ineligibility, the director of the division may
838 authorize the reinstatement of an individual following a hearing
839 on readmittance. Any such person who knowingly violates this
840 subsection commits is guilty of a misdemeanor of the first
841 degree, punishable as provided in s. 775.082 or s. 775.083.
842 (4) If the activities of a person show that this law is
843 being violated, and such activities are either witnessed by or
844 are common knowledge of by any pari-mutuel facility track or
845 fronton employee, it is the duty of that employee to bring the
846 matter to the immediate attention of the permitholder, manager,
847 or her or his designee, who shall notify a law enforcement
848 agency having jurisdiction. Willful failure by the pari-mutuel
849 facility on the part of any track or fronton employee to comply
850 with the provisions of this subsection is a ground for the
851 division to suspend or revoke that employee’s license for pari
852 mutuel facility track or fronton employment.
853 (5) Each permittee shall display, in conspicuous places at
854 a pari-mutuel facility track or fronton and in all race and jai
855 alai daily programs, a warning to all patrons concerning the
856 prohibition and penalties of bookmaking contained in this
857 section and s. 849.25. The division shall adopt rules concerning
858 the uniform size of all warnings and the number of placements
859 throughout a pari-mutuel facility track or fronton. Failure on
860 the part of the permittee to display such warnings may result in
861 the imposition of a $500 fine by the division for each offense.
862 (6) This section does not apply to any person attending a
863 track or fronton or employed by or attending a pari-mutuel
864 facility a track or fronton who places a bet through the
865 legalized pari-mutuel pool for another person, provided such
866 service is rendered gratuitously and without fee or other
867 reward.
868 Section 27. Effective October 1, 2021, section 550.3616,
869 Florida Statutes, is created to read:
870 550.3616 Racing greyhounds or other dogs prohibited;
871 penalty.—A person authorized to conduct gaming or pari-mutuel
872 operations in this state may not race greyhounds or any member
873 of the Canis familiaris subspecies in connection with any wager
874 for money or any other thing of value in this state. A person
875 who violates this section commits a misdemeanor of the first
876 degree, punishable as provided in s. 775.082 or s. 775.083. A
877 person who commits a second or subsequent violation commits a
878 felony of the third degree, punishable as provided in s.
879 775.082, s. 775.083, or s. 775.084. Notwithstanding the
880 provisions of s. 948.01, any person convicted under this section
881 may not have adjudication of guilt suspended, deferred, or
882 withheld.
883 Section 28. Section 550.475, Florida Statutes, is amended
884 to read:
885 550.475 Lease of pari-mutuel facilities by pari-mutuel
886 permitholders.—Holders of valid pari-mutuel permits for the
887 conduct of any pari-mutuel wagering jai alai games, dogracing,
888 or thoroughbred and standardbred horse racing in this state are
889 entitled to lease any and all of their facilities to any other
890 holder of a same class valid pari-mutuel permit for jai alai
891 games, dogracing, or thoroughbred or standardbred horse racing,
892 when located within a 35-mile radius of each other; and such
893 lessee is entitled to a permit and license to conduct intertrack
894 wagering and operate its race meet or jai alai games at the
895 leased premises.
896 Section 29. Subsection (2) of section 550.5251, Florida
897 Statutes, is amended to read:
898 550.5251 Florida thoroughbred racing; certain permits;
899 operating days.—
900 (2) A thoroughbred racing permitholder may not begin any
901 race later than 7 p.m. Any thoroughbred permitholder in a county
902 in which the authority for cardrooms has been approved by the
903 board of county commissioners may operate a cardroom and, when
904 conducting live races during its current race meet, may receive
905 and rebroadcast out-of-state races after the hour of 7 p.m. on
906 any day during which the permitholder conducts live races.
907 Section 30. Present subsections (3) through (10) of section
908 550.615, Florida Statutes, are redesignated as subsections (2)
909 through (9), respectively, subsections (1) and (2) and present
910 subsections (6) and (8) of that section are amended, and a new
911 subsection (10) is added to that section, to read:
912 550.615 Intertrack wagering.—
913 (1) A pari-mutuel permitholder that has met the applicable
914 requirement for that permitholder to conduct live racing or
915 games under s. 550.01215(1)(b), if any, for fiscal year 2020
916 2021 Any horserace permitholder licensed under this chapter
917 which has conducted a full schedule of live racing may, at any
918 time, receive broadcasts of horseraces and accept wagers on
919 horseraces conducted by horserace permitholders licensed under
920 this chapter at its facility.
921 (2) Any track or fronton licensed under this chapter which
922 in the preceding year conducted a full schedule of live racing
923 is qualified to, at any time, receive broadcasts of any class of
924 pari-mutuel race or game and accept wagers on such races or
925 games conducted by any class of permitholders licensed under
926 this chapter.
927 (5)(6) Notwithstanding the provisions of subsection (2)
928 (3), in any area of the state where there are three or more
929 horserace permitholders within 25 miles of each other,
930 intertrack wagering between permitholders in said area of the
931 state shall only be authorized under the following conditions:
932 Any permitholder, other than a thoroughbred permitholder, may
933 accept intertrack wagers on races or games conducted live by a
934 permitholder of the same class or any harness permitholder
935 located within such area and any harness permitholder may accept
936 wagers on games conducted live by any jai alai permitholder
937 located within its market area and from a jai alai permitholder
938 located within the area specified in this subsection when no jai
939 alai permitholder located within its market area is conducting
940 live jai alai performances; any greyhound or jai alai
941 permitholder may receive broadcasts of and accept wagers on any
942 permitholder of the other class provided that a permitholder,
943 other than the host track, of such other class is not operating
944 a contemporaneous live performance within the market area.
945 (7)(8) In any three contiguous counties of the state where
946 there are only three permitholders, all of which are greyhound
947 permitholders, if any permitholder leases the facility of
948 another permitholder for all or any portion of the conduct of
949 its live race meet pursuant to s. 550.475, such lessee may
950 conduct intertrack wagering at its pre-lease permitted facility
951 throughout the entire year, including while its live meet is
952 being conducted at the leased facility, if such permitholder has
953 conducted a full schedule of live racing during the preceding
954 fiscal year at its pre-lease permitted facility or at a leased
955 facility, or combination thereof.
956 (10) Any greyhound permitholder licensed under this chapter
957 to conduct pari-mutuel wagering is qualified to, at any time,
958 receive broadcasts of any class of pari-mutuel race or game and
959 accept wagers on such races or games conducted by any class of
960 permitholders licensed under this chapter.
961 Section 31. Subsection (2) and paragraph (g) of subsection
962 (9) of section 550.6305, Florida Statutes, are amended to read:
963 550.6305 Intertrack wagering; guest track payments;
964 accounting rules.—
965 (2) For the purposes of calculation of odds and payoffs and
966 distribution of the pari-mutuel pools, all intertrack wagers
967 shall be combined with the pari-mutuel pools at the host track.
968 Notwithstanding this subsection or subsection (4), a greyhound
969 pari-mutuel permitholder may conduct intertrack wagering without
970 combining pari-mutuel pools on not more than three races in any
971 week, not to exceed 20 races in a year. All other provisions
972 concerning pari-mutuel takeout and payments, including state tax
973 payments, apply as if the pool had been combined.
974 (9) A host track that has contracted with an out-of-state
975 horse track to broadcast live races conducted at such out-of
976 state horse track pursuant to s. 550.3551(5) may broadcast such
977 out-of-state races to any guest track and accept wagers thereon
978 in the same manner as is provided in s. 550.3551.
979 (g)1. Any thoroughbred permitholder which accepts wagers on
980 a simulcast signal must make the signal available to any
981 permitholder that is eligible to conduct intertrack wagering
982 under the provisions of ss. 550.615-550.6345.
983 2. Any thoroughbred permitholder which accepts wagers on a
984 simulcast signal received after 6 p.m. must make such signal
985 available to any permitholder that is eligible to conduct
986 intertrack wagering under the provisions of ss. 550.615
987 550.6345, including any permitholder located as specified in s.
988 550.615(5) s. 550.615(6). Such guest permitholders are
989 authorized to accept wagers on such simulcast signal,
990 notwithstanding any other provision of this chapter to the
991 contrary.
992 3. Any thoroughbred permitholder which accepts wagers on a
993 simulcast signal received after 6 p.m. must make such signal
994 available to any permitholder that is eligible to conduct
995 intertrack wagering under the provisions of ss. 550.615
996 550.6345, including any permitholder located as specified in s.
997 550.615(9). Such guest permitholders are authorized to accept
998 wagers on such simulcast signals for a number of performances
999 not to exceed that which constitutes a full schedule of live
1000 races for a quarter horse permitholder pursuant to s.
1001 550.002(11), notwithstanding any other provision of this chapter
1002 to the contrary, except that the restrictions provided in s.
1003 550.615(9)(a) apply to wagers on such simulcast signals.
1004
1005 No thoroughbred permitholder shall be required to continue to
1006 rebroadcast a simulcast signal to any in-state permitholder if
1007 the average per performance gross receipts returned to the host
1008 permitholder over the preceding 30-day period were less than
1009 $100. Subject to the provisions of s. 550.615(3) s. 550.615(4),
1010 as a condition of receiving rebroadcasts of thoroughbred
1011 simulcast signals under this paragraph, a guest permitholder
1012 must accept intertrack wagers on all live races conducted by all
1013 then-operating thoroughbred permitholders.
1014 Section 32. Subsections (1), (4), and (5) of section
1015 550.6308, Florida Statutes, are amended to read:
1016 550.6308 Limited intertrack wagering license.—In
1017 recognition of the economic importance of the thoroughbred
1018 breeding industry to this state, its positive impact on tourism,
1019 and of the importance of a permanent thoroughbred sales facility
1020 as a key focal point for the activities of the industry, a
1021 limited license to conduct intertrack wagering is established to
1022 ensure the continued viability and public interest in
1023 thoroughbred breeding in Florida.
1024 (1) Upon application to the division on or before January
1025 31 of each year, any person that is licensed to conduct public
1026 sales of thoroughbred horses pursuant to s. 535.01 and, that has
1027 conducted at least 8 15 days of thoroughbred horse sales at a
1028 permanent sales facility in this state for at least 3
1029 consecutive years, and that has conducted at least 1 day of
1030 nonwagering thoroughbred racing in this state, with a purse
1031 structure of at least $250,000 per year for 2 consecutive years
1032 before such application, shall be issued a license, subject to
1033 the conditions set forth in this section, to conduct intertrack
1034 wagering at such a permanent sales facility during the following
1035 periods:
1036 (a) Up to 21 days in connection with thoroughbred sales;
1037 (b) Between November 1 and May 8;
1038 (c) Between May 9 and October 31 at such times and on such
1039 days as any thoroughbred, jai alai, or a greyhound permitholder
1040 in the same county is not conducting live performances; provided
1041 that any such permitholder may waive this requirement, in whole
1042 or in part, and allow the licensee under this section to conduct
1043 intertrack wagering during one or more of the permitholder’s
1044 live performances; and
1045 (d) During the weekend of the Kentucky Derby, the
1046 Preakness, the Belmont, and a Breeders’ Cup Meet that is
1047 conducted before November 1 and after May 8.
1048
1049 No more than one such license may be issued, and no such license
1050 may be issued for a facility located within 50 miles of any
1051 thoroughbred permitholder’s track.
1052 (4) Intertrack wagering under this section may be conducted
1053 only on thoroughbred horse racing, except that intertrack
1054 wagering may be conducted on any class of pari-mutuel race or
1055 game conducted by any class of permitholders licensed under this
1056 chapter if all thoroughbred, jai alai, and greyhound
1057 permitholders in the same county as the licensee under this
1058 section give their consent.
1059 (5) The licensee shall be considered a guest track under
1060 this chapter. The licensee shall pay 2.5 percent of the total
1061 contributions to the daily pari-mutuel pool on wagers accepted
1062 at the licensee’s facility on greyhound races or jai alai games
1063 to the thoroughbred permitholder that is conducting live races
1064 for purses to be paid during its current racing meet. If more
1065 than one thoroughbred permitholder is conducting live races on a
1066 day during which the licensee is conducting intertrack wagering
1067 on greyhound races or jai alai games, the licensee shall
1068 allocate these funds between the operating thoroughbred
1069 permitholders on a pro rata basis based on the total live handle
1070 at the operating permitholders’ facilities.
1071 Section 33. Subsection (4) of section 551.114, Florida
1072 Statutes, is amended to read:
1073 551.114 Slot machine gaming areas.—
1074 (4) Designated slot machine gaming areas must may be
1075 located at the address specified in the licensed permitholder’s
1076 slot machine license issued for fiscal year 2020-2021 within the
1077 current live gaming facility or in an existing building that
1078 must be contiguous and connected to the live gaming facility. If
1079 a designated slot machine gaming area is to be located in a
1080 building that is to be constructed, that new building must be
1081 contiguous and connected to the live gaming facility.
1082 Section 34. Section 551.116, Florida Statutes, is amended
1083 to read:
1084 551.116 Days and hours of operation.—Slot machine gaming
1085 areas may be open 24 hours per day daily throughout the year.
1086 The slot machine gaming areas may be open a cumulative amount of
1087 18 hours per day on Monday through Friday and 24 hours per day
1088 on Saturday and Sunday and on those holidays specified in s.
1089 110.117(1).
1090 Section 35. Subsection (1) of section 551.121, Florida
1091 Statutes, is amended to read:
1092 551.121 Prohibited activities and devices; exceptions.—
1093 (1) Complimentary or reduced-cost alcoholic beverages may
1094 not be served to persons playing a slot machine. Alcoholic
1095 beverages served to persons playing a slot machine shall cost at
1096 least the same amount as alcoholic beverages served to the
1097 general public at a bar within the facility.
1098 Section 36. Subsection (5) of section 565.02, Florida
1099 Statutes, is amended to read:
1100 565.02 License fees; vendors; clubs; caterers; and others.—
1101 (5) A caterer at a pari-mutuel facility licensed under
1102 chapter 550 horse or dog racetrack or jai alai fronton may
1103 obtain a license upon the payment of an annual state license tax
1104 of $675. Such caterer’s license shall permit sales only within
1105 the enclosure in which pari-mutuel wagering is conducted such
1106 races or jai alai games are conducted, and such licensee shall
1107 be permitted to sell only during the period beginning 10 days
1108 before and ending 10 days after racing or jai alai under the
1109 authority of the Division of Pari-mutuel Wagering of the
1110 Department of Business and Professional Regulation is conducted
1111 at such racetrack or jai alai fronton. Except as in this
1112 subsection otherwise provided, caterers licensed hereunder shall
1113 be treated as vendors licensed to sell by the drink the
1114 beverages mentioned herein and shall be subject to all the
1115 provisions hereof relating to such vendors.
1116 Section 37. Subsection (5), paragraphs (a) and (b) of
1117 subsection (7), and paragraph (d) of subsection (13) of section
1118 849.086, Florida Statutes, are amended to read:
1119 849.086 Cardrooms authorized.—
1120 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
1121 operate a cardroom in this state unless such person holds a
1122 valid cardroom license issued pursuant to this section.
1123 (a) Only those persons holding a valid cardroom license
1124 issued by the division may operate a cardroom. A cardroom
1125 license may only be issued to a licensed pari-mutuel
1126 permitholder and an authorized cardroom may only be operated at
1127 the same facility at which the permitholder is authorized under
1128 its valid pari-mutuel wagering permit to conduct pari-mutuel
1129 wagering activities. An initial cardroom license shall be issued
1130 to a pari-mutuel permitholder only after its facilities are in
1131 place and after it conducts its first day of pari-mutuel
1132 activities on live racing or games.
1133 (b) After the initial cardroom license is granted, the
1134 application for the annual license renewal shall be made in
1135 conjunction with the applicant’s annual application for its
1136 pari-mutuel license. If a permitholder has operated a cardroom
1137 during any of the 3 previous fiscal years and fails to include a
1138 renewal request for the operation of the cardroom in its annual
1139 application for license renewal, the permitholder may amend its
1140 annual application to include operation of the cardroom.
1141 (c) Notwithstanding any other provision of law, a pari
1142 mutuel permitholder, other than a permitholder issued a permit
1143 pursuant to s. 550.3345, may not be issued a license for the
1144 operation of a cardroom if the permitholder did not hold an
1145 operating license for the conduct of pari-mutuel wagering for
1146 fiscal year 2020-2021. In order for a cardroom license to be
1147 renewed the applicant must have requested, as part of its pari
1148 mutuel annual license application, to conduct at least 90
1149 percent of the total number of live performances conducted by
1150 such permitholder during either the state fiscal year in which
1151 its initial cardroom license was issued or the state fiscal year
1152 immediately prior thereto if the permitholder ran at least a
1153 full schedule of live racing or games in the prior year. If the
1154 application is
1155
1156 ================= T I T L E A M E N D M E N T ================
1157 And the title is amended as follows:
1158 Delete lines 10 - 133
1159 and insert:
1160 permitholders, harness horse racing permitholders,
1161 thoroughbred permitholders, and quarter horse racing
1162 permitholders to elect not to conduct live racing or
1163 games; specifying that certain permitholders that do
1164 not conduct live racing or games retain their permit
1165 and remain pari-mutuel facilities; specifying that, if
1166 such permitholder has been issued a slot machine
1167 license, the permitholder’s facility remains an
1168 eligible facility, continues to be eligible for a slot
1169 machine license, is exempt from certain provisions of
1170 ch. 551, F.S., is eligible to be a guest track, and,
1171 if the permitholder is a harness horse racing
1172 permitholder, is eligible to be a host track for
1173 intertrack wagering and simulcasting and remains
1174 eligible for a cardroom license; prohibiting a
1175 permitholder or licensee from conducting live
1176 greyhound racing or dogracing in connection with any
1177 wager for money or any other thing of value in the
1178 state; providing administrative and civil penalties;
1179 providing requirements for the funds generated from
1180 such penalties; prohibiting operating licenses from
1181 being issued to a pari-mutuel permitholder unless a
1182 specified requirement is met; authorizing the Division
1183 of Pari-mutuel Wagering to approve a change in racing
1184 dates for certain permitholders if the request for a
1185 change is received before a specified date and under
1186 certain circumstances for a specified fiscal year;
1187 deleting a provision authorizing the conversion of
1188 certain permits to a jai alai permit under certain
1189 circumstances; conforming provisions to changes made
1190 by the act; amending s. 550.0235, F.S.; conforming
1191 provisions to changes made by the act; amending s.
1192 550.0351, F.S.; deleting a provision relating to hound
1193 dog derbies and mutt derbies; conforming provisions to
1194 changes made by the act; amending s. 550.0425, F.S.;
1195 deleting a provision authorizing certain minors to be
1196 granted access to kennel compound areas under certain
1197 circumstances; amending s. 550.054, F.S.; requiring
1198 the division to revoke the permit of certain
1199 permitholders; specifying such revoked permit is void
1200 and may not be reissued; revising requirements to hold
1201 a permit for the operation of a pari-mutuel facility
1202 and an associated cardroom or slot machine facility;
1203 specifying certain permits held on a specified date
1204 are deemed valid for specified purposes; prohibiting
1205 new permits for the conduct of pari-mutuel wagering
1206 from being issued after a specified date; prohibiting
1207 a permit to conduct pari-mutuel wagering from being
1208 converted to another class of permit; conforming
1209 provisions to changes made by the act; amending s.
1210 550.0745, F.S.; authorizing summer jai alai
1211 permitholders to conduct pari-mutuel wagering
1212 throughout the year; deleting provisions relating to
1213 the conversion of a pari-mutuel permit to a summer jai
1214 alai permit; amending s. 550.0951, F.S.; conforming
1215 cross-references; amending s. 550.09511, F.S.;
1216 deleting a provision relating to the payment of
1217 certain taxes and fees by jai alai permitholders
1218 conducting fewer than a specified number of live
1219 performances; amending s. 550.09512, F.S.; revising
1220 the circumstances for which a harness horse
1221 permitholder’s permit is voided for failing to pay
1222 certain taxes; prohibiting the reissue of such permit;
1223 amending s. 550.09514, F.S.; conforming cross
1224 references; amending s. 550.09515, F.S.; conforming
1225 provisions to changes made by the act; amending ss.
1226 550.105, 550.1155, and 550.1647, F.S.; conforming
1227 provisions to changes made by the act; repealing s.
1228 550.1648, F.S., relating to greyhound adoptions;
1229 amending ss. 550.175, 550.1815, and 550.24055, F.S.;
1230 conforming provisions to changes made by the act;
1231 amending s. 550.2415, F.S.; deleting provisions
1232 relating to the testing, euthanasia, training, and
1233 medication levels of racing greyhounds; amending s.
1234 550.26165, F.S.; conforming a cross-reference;
1235 amending s. 550.334, F.S.; conforming provisions to
1236 changes made by the act; amending s. 550.3345, F.S.;
1237 requiring that net revenues derived from specified
1238 licenses issued to not-for-profit corporations be
1239 dedicated to certain purposes; prohibiting the
1240 transfer of such licenses; providing construction;
1241 amending s. 550.3551, F.S.; conforming provisions to
1242 changes made by the act; conforming a cross-reference;
1243 amending s. 550.3615, F.S.; conforming provisions to
1244 changes made by the act; prohibiting a person
1245 convicted of bookmaking from attending or being
1246 admitted to a pari-mutuel facility; requiring pari
1247 mutuel facility employees to notify certain persons of
1248 unlawful activities; providing civil penalties;
1249 requiring a permittee to display certain warnings
1250 relating to bookmaking at his or her pari-mutuel
1251 facility; revising applicability; creating s.
1252 550.3616, F.S.; prohibiting persons authorized to
1253 conduct gaming or pari-mutuel operations in this state
1254 from racing greyhounds or other dogs in connection
1255 with any wager for money or thing of value; providing
1256 criminal penalties; prohibiting the suspension,
1257 deferment, or withholding of adjudication of guilt of
1258 certain persons; amending s. 550.475, F.S.; revising
1259 provisions relating to leasing pari-mutuel facilities;
1260 amending s. 550.5251, F.S.; deleting a prohibition
1261 against thoroughbred racing permitholders beginning
1262 races after a specified time; deleting provisions
1263 relating to the operation of cardrooms by thoroughbred
1264 racing permitholders after a specified time and
1265 receiving and rebroadcasting out-of-state races after
1266 a specified time under certain circumstances; amending
1267 s. 550.615, F.S.; revising requirements relating to
1268 intertrack wagering; specifying that greyhound
1269 permitholders are qualified to receive certain
1270 broadcasts and accept specified wagers; amending s.
1271 550.6305, F.S.; conforming provisions to changes made
1272 by the act; conforming cross-references; amending s.
1273 550.6308, F.S.; revising requirements for a limited
1274 intertrack wagering license; revising requirements for
1275 intertrack wagering; deleting requirements for limited
1276 intertrack wagering licensees to make specified
1277 payments; amending s. 551.114, F.S.; revising
1278 requirements for the location of designated slot
1279 machine gaming areas; amending s. 551.116, F.S.;
1280 authorizing slot machine gaming areas to be open 24
1281 hours per day throughout the year; amending s.
1282 551.121, F.S.; deleting a provision prohibiting
1283 complimentary or reduced-cost alcoholic beverages to
1284 be served to a person playing a slot machine; amending
1285 s. 565.02, F.S.; conforming provisions to changes made
1286 by the act; amending s. 849.086, F.S.; prohibiting a
1287 cardroom license from being issued to certain
1288 permitholders;