Florida Senate - 2021 CS for SB 8-A
By the Committee on Appropriations; and Senator Hutson
576-00041-21A 20218Ac1
1 A bill to be entitled
2 An act relating to gaming; amending s. 550.002, F.S.;
3 revising and providing definitions; amending s.
4 550.0115, F.S.; conforming provisions to changes made
5 by the act; amending s. 550.01215, F.S.; revising the
6 application requirements for an operating license to
7 conduct pari-mutuel wagering for a pari-mutuel
8 facility; prohibiting greyhound permitholders from
9 conducting live racing; authorizing jai alai
10 permitholders, harness horse racing permitholders, and
11 quarter horse racing permitholders to elect not to
12 conduct live racing or games; requiring thoroughbred
13 permitholders to conduct live racing; specifying that
14 certain permitholders that do not conduct live racing
15 or games retain their permit and remain pari-mutuel
16 facilities; specifying that, if such permitholder has
17 been issued a slot machine license, the permitholder’s
18 facility remains an eligible facility, continues to be
19 eligible for a slot machine license, is exempt from
20 certain provisions of ch. 551, F.S., is eligible to be
21 a guest track, and, if the permitholder is a harness
22 horse racing permitholder, is eligible to be a host
23 track for intertrack wagering and simulcasting and
24 remains eligible for a cardroom license; prohibiting a
25 permitholder or licensee from conducting live
26 greyhound racing or dogracing in connection with any
27 wager for money or any other thing of value in the
28 state; providing administrative and civil penalties;
29 providing requirements for the funds generated from
30 such penalties; prohibiting operating licenses from
31 being issued to a pari-mutuel permitholder unless a
32 specified requirement is met; authorizing the Division
33 of Pari-mutuel Wagering to approve a change in racing
34 dates for certain permitholders if the request for a
35 change is received before a specified date and under
36 certain circumstances for a specified fiscal year;
37 deleting a provision authorizing the conversion of
38 certain permits to a jai alai permit under certain
39 circumstances; conforming provisions to changes made
40 by the act; amending s. 550.0235, F.S.; conforming
41 provisions to changes made by the act; amending s.
42 550.0351, F.S.; deleting a provision relating to hound
43 dog derbies and mutt derbies; conforming provisions to
44 changes made by the act; amending s. 550.0425, F.S.;
45 deleting a provision authorizing certain minors to be
46 granted access to kennel compound areas under certain
47 circumstances; amending s. 550.054, F.S.; requiring
48 the division to revoke the permit of certain
49 permitholders; specifying such revoked permit is void
50 and may not be reissued; revising requirements to hold
51 a permit for the operation of a pari-mutuel facility
52 and an associated cardroom or slot machine facility;
53 specifying certain permits held on a specified date
54 are deemed valid for specified purposes; prohibiting
55 new permits for the conduct of pari-mutuel wagering
56 from being issued after a specified date; prohibiting
57 a permit to conduct pari-mutuel wagering from being
58 converted to another class of permit; conforming
59 provisions to changes made by the act; amending s.
60 550.0745, F.S.; authorizing summer jai alai
61 permitholders to conduct pari-mutuel wagering
62 throughout the year; deleting provisions relating to
63 the conversion of a pari-mutuel permit to a summer jai
64 alai permit; amending s. 550.09511, F.S.; deleting a
65 provision relating to the payment of certain taxes and
66 fees by jai alai permitholders conducting fewer than a
67 specified number of live performances; amending s.
68 550.09512, F.S.; revising the circumstances for which
69 a harness horse permitholder’s permit is voided for
70 failing to pay certain taxes; prohibiting the reissue
71 of such permit; amending ss. 550.105, 550.1155, and
72 550.1647, F.S.; conforming provisions to changes made
73 by the act; repealing s. 550.1648, F.S., relating to
74 greyhound adoptions; amending ss. 550.175, 550.1815,
75 and 550.24055, F.S.; conforming provisions to changes
76 made by the act; amending s. 550.2415, F.S.; deleting
77 provisions relating to the testing, euthanasia,
78 training, and medication levels of racing greyhounds;
79 amending s. 550.334, F.S.; conforming provisions to
80 changes made by the act; amending s. 550.3345, F.S.;
81 requiring that net revenues derived from specified
82 licenses issued to not-for-profit corporations be
83 dedicated to certain purposes; prohibiting the
84 transfer of such licenses; providing construction;
85 amending s. 550.3551, F.S.; conforming provisions to
86 changes made by the act; amending s. 550.3615, F.S.;
87 conforming provisions to changes made by the act;
88 prohibiting a person convicted of bookmaking from
89 attending or being admitted to a pari-mutuel facility;
90 requiring pari-mutuel facility employees to notify
91 certain persons of unlawful activities; providing
92 civil penalties; requiring a permittee to display
93 certain warnings relating to bookmaking at his or her
94 pari-mutuel facility; revising applicability; creating
95 s. 550.3616, F.S.; prohibiting persons authorized to
96 conduct gaming or pari-mutuel operations in this state
97 from racing greyhounds or other dogs in connection
98 with any wager for money or thing of value; providing
99 criminal penalties; prohibiting the suspension,
100 deferment, or withholding of adjudication of guilt of
101 certain persons; amending s. 550.475, F.S.; revising
102 provisions relating to leasing pari-mutuel facilities;
103 amending s. 550.5251, F.S.; deleting a prohibition
104 against thoroughbred racing permitholders beginning
105 races after a specified time; deleting provisions
106 relating to the operation of cardrooms by thoroughbred
107 racing permitholders after a specified time and
108 receiving and rebroadcasting out-of-state races after
109 a specified time under certain circumstances; amending
110 s. 550.615, F.S.; revising requirements relating to
111 intertrack wagering; specifying that greyhound
112 permitholders are qualified to receive certain
113 broadcasts and accept specified wagers; amending s.
114 550.6305, F.S.; conforming provisions to changes made
115 by the act; amending s. 550.6308, F.S.; revising
116 requirements for a limited intertrack wagering
117 license; revising requirements for intertrack
118 wagering; deleting requirements for limited intertrack
119 wagering licensees to make specified payments;
120 amending s. 551.104, F.S.; conforming provisions to
121 changes made by the act; amending s. 551.114, F.S.;
122 revising requirements for the location of designated
123 slot machine gaming areas; amending s. 551.116, F.S.;
124 authorizing slot machine gaming areas to be open 24
125 hours per day throughout the year; amending s.
126 551.121, F.S.; deleting a provision prohibiting
127 complimentary or reduced-cost alcoholic beverages to
128 be served to a person playing a slot machine; amending
129 s. 565.02, F.S.; conforming provisions to changes made
130 by the act; amending s. 849.086, F.S.; prohibiting a
131 cardroom license from being issued to certain
132 permitholders; revising requirements for a cardroom
133 license to be issued to certain permitholders;
134 authorizing cardrooms to be open 24 hours per day;
135 conforming provisions to changes made by the act;
136 amending s. 849.14, F.S.; revising criminal penalties
137 relating to certain bets; creating s. 849.142, F.S.;
138 specifying that certain activities are not subject to
139 certain gambling-related prohibitions; creating s.
140 849.251, F.S.; prohibiting persons from wagering or
141 accepting anything of value on certain dograces;
142 prohibiting persons from taking certain actions
143 related to people associated with or interested in
144 dogracing; providing criminal penalties; prohibiting
145 the suspension, deferment, or withholding of
146 adjudication of guilt of certain persons; providing
147 applicability; reenacting ss. 380.0651(2)(c),
148 402.82(4)(c), and 480.0475(1), F.S., relating to
149 statewide guidelines, the electronic benefits transfer
150 program, and massage establishments, respectively, to
151 incorporate the amendments made to s. 550.002, F.S.,
152 in references thereto; providing severability;
153 providing contingent effective dates.
154
155 Be It Enacted by the Legislature of the State of Florida:
156
157 Section 1. Present subsections (24) through (28) of section
158 550.002, Florida Statutes, are redesignated as subsections (25)
159 through (29), respectively, a new subsection (24) is added to
160 that section, and subsections (11), (17), (20), (21), (22), and
161 (23) and present subsections (26), (29), and (31) of that
162 section are amended, to read:
163 550.002 Definitions.—As used in this chapter, the term:
164 (11) “Full schedule of live racing or games” means, for a
165 greyhound or jai alai permitholder, the conduct of a combination
166 of at least 100 live evening or matinee performances during the
167 preceding year; for a permitholder who has a converted permit or
168 filed an application on or before June 1, 1990, for a converted
169 permit, the conduct of a combination of at least 100 live
170 evening and matinee wagering performances during either of the 2
171 preceding years; for a jai alai permitholder who does not
172 operate slot machines in its pari-mutuel facility, who has
173 conducted at least 100 live performances per year for at least
174 10 years after December 31, 1992, and whose handle on live jai
175 alai games conducted at its pari-mutuel facility has been less
176 than $4 million per state fiscal year for at least 2 consecutive
177 years after June 30, 1992, the conduct of a combination of at
178 least 40 live evening or matinee performances during the
179 preceding year; for a jai alai permitholder who operates slot
180 machines in its pari-mutuel facility, the conduct of a
181 combination of at least 150 performances during the preceding
182 year; for a harness permitholder, the conduct of at least 100
183 live regular wagering performances during the preceding year;
184 for a quarter horse permitholder at its facility unless an
185 alternative schedule of at least 20 live regular wagering
186 performances is agreed upon by the permitholder and either the
187 Florida Quarter Horse Racing Association or the horsemen’s
188 association representing the majority of the quarter horse
189 owners and trainers at the facility and filed with the division
190 along with its annual date application, in the 2010-2011 fiscal
191 year, the conduct of at least 20 regular wagering performances,
192 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
193 least 30 live regular wagering performances, and for every
194 fiscal year after the 2012-2013 fiscal year, the conduct of at
195 least 40 live regular wagering performances; for a quarter horse
196 permitholder leasing another licensed racetrack, the conduct of
197 160 events at the leased facility; and for a thoroughbred
198 permitholder, the conduct of at least 40 live regular wagering
199 performances during the preceding year. For a permitholder which
200 is restricted by statute to certain operating periods within the
201 year when other members of its same class of permit are
202 authorized to operate throughout the year, the specified number
203 of live performances which constitute a full schedule of live
204 racing or games shall be adjusted pro rata in accordance with
205 the relationship between its authorized operating period and the
206 full calendar year and the resulting specified number of live
207 performances shall constitute the full schedule of live games
208 for such permitholder and all other permitholders of the same
209 class within 100 air miles of such permitholder. A live
210 performance must consist of no fewer than eight races or games
211 conducted live for each of a minimum of three performances each
212 week at the permitholder’s licensed facility under a single
213 admission charge.
214 (17) “Intertrack wager” or “intertrack wagering” means a
215 particular form of pari-mutuel wagering in which wagers are
216 accepted at a permitted, in-state track, fronton, or pari-mutuel
217 facility on a race or game transmitted from and performed live
218 at, or simulcast signal rebroadcast from, another in-state pari
219 mutuel facility.
220 (20) “Meet” or “meeting” means the conduct of live racing
221 or jai alai, or wagering on intertrack or simulcast events, for
222 any stake, purse, prize, or premium.
223 (21) “Operating day” means a continuous period of 24 hours
224 starting with the beginning of the first performance of a race
225 or game, even though the operating day may start during one
226 calendar day and extend past midnight except that no greyhound
227 race or jai alai game may commence after 1:30 a.m.
228 (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
229 of betting on races or games in which the winners divide the
230 total amount bet, after deducting management expenses and taxes,
231 in proportion to the sums they have wagered individually and
232 with regard to the odds assigned to particular outcomes.
233 (23) “Pari-mutuel facility” means the grounds or property
234 of a cardroom, racetrack, fronton, or other facility used by a
235 licensed permitholder for the conduct of pari-mutuel wagering.
236 (24) “Permitholder” or “permittee” means a holder of a
237 permit to conduct pari-mutuel wagering in this state as
238 authorized in this chapter.
239 (27)(26) “Post time” means the time set for the arrival at
240 the starting point of the horses or greyhounds in a race or the
241 beginning of a game in jai alai.
242 (29) “Racing greyhound” means a greyhound that is or was
243 used, or is being bred, raised, or trained to be used, in racing
244 at a pari-mutuel facility and is registered with the National
245 Greyhound Association.
246 (31) “Same class of races, games, or permit” means, with
247 respect to a jai alai permitholder, jai alai games or other jai
248 alai permitholders; with respect to a greyhound permitholder,
249 greyhound races or other greyhound permitholders conducting
250 pari-mutuel wagering; with respect to a thoroughbred
251 permitholder, thoroughbred races or other thoroughbred
252 permitholders; with respect to a harness permitholder, harness
253 races or other harness permitholders; with respect to a quarter
254 horse permitholder, quarter horse races or other quarter horse
255 permitholders.
256 Section 2. Section 550.0115, Florida Statutes, is amended
257 to read:
258 550.0115 Permitholder operating license.—After a permit has
259 been issued by the division, and after the permit has been
260 approved by election, the division shall issue to the
261 permitholder an annual operating license to conduct pari-mutuel
262 wagering operations at the location specified in the permit
263 pursuant to the provisions of this chapter.
264 Section 3. Section 550.01215, Florida Statutes, is amended
265 to read:
266 550.01215 License application; periods of operation;
267 license fees; bond, conversion of permit.—
268 (1) Each permitholder shall annually, during the period
269 between December 15 and January 4, file in writing with the
270 division its application for an operating a license for a pari
271 mutuel facility for the conduct of pari-mutuel wagering during
272 the next state fiscal year, including intertrack and simulcast
273 race wagering to conduct performances during the next state
274 fiscal year. Each application for live performances must shall
275 specify the number, dates, and starting times of all live
276 performances that which the permitholder intends to conduct. It
277 must shall also specify which performances will be conducted as
278 charity or scholarship performances.
279 (a) In addition, Each application for an operating a
280 license also must shall include:,
281 1. For each permitholder, whether the permitholder intends
282 to accept wagers on intertrack or simulcast events.
283 2. For each permitholder that which elects to operate a
284 cardroom, the dates and periods of operation the permitholder
285 intends to operate the cardroom. or,
286 3. For each thoroughbred racing permitholder that which
287 elects to receive or rebroadcast out-of-state races after 7
288 p.m., the dates for all performances that which the permitholder
289 intends to conduct.
290 (b)1. A greyhound permitholder may not conduct live racing.
291 A jai alai permitholder, harness horse racing permitholder, or
292 quarter horse racing permitholder may elect not to conduct live
293 racing or games. A thoroughbred permitholder must conduct live
294 racing. A greyhound permitholder, jai alai permitholder, harness
295 horse racing permitholder, or quarter horse racing permitholder
296 that does not conduct live racing or games retains its permit;
297 is a pari-mutuel facility as defined in s. 550.002(23); if such
298 permitholder has been issued a slot machine license, the
299 facility where such permit is located remains an eligible
300 facility as defined in s. 551.102(4), continues to be eligible
301 for a slot machine license pursuant to s. 551.104(3), and is
302 exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
303 eligible, but not required, to be a guest track and, if the
304 permitholder is a harness horse racing permitholder, to be a
305 host track for purposes of intertrack wagering and simulcasting
306 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
307 remains eligible for a cardroom license.
308 2. A permitholder or licensee may not conduct live
309 greyhound racing or dogracing in connection with any wager for
310 money or any other thing of value in the state. The division may
311 deny, suspend, or revoke any permit or license under this
312 chapter if a permitholder or licensee conducts live greyhound
313 racing or dogracing in violation of this subparagraph. In
314 addition to, or in lieu of, denial, suspension, or revocation of
315 such permit or license, the division may impose a civil penalty
316 of up to $5,000 against the permitholder or licensee for a
317 violation of this subparagraph. All penalties imposed and
318 collected must be deposited with the Chief Financial Officer to
319 the credit of the General Revenue Fund.
320 (c) Permitholders may shall be entitled to amend their
321 applications through February 28.
322 (d) Notwithstanding any other provision of law, other than
323 a permitholder issued a permit pursuant to s. 550.3345, a pari
324 mutuel permitholder may not be issued an operating license for
325 the conduct of pari-mutuel wagering, slot machine gaming, or the
326 operation of a cardroom if the permitholder did not hold an
327 operating license for the conduct of pari-mutuel wagering for
328 fiscal year 2020-2021.
329 (2) After the first license has been issued to a
330 permitholder, all subsequent annual applications for a license
331 shall be accompanied by proof, in such form as the division may
332 by rule require, that the permitholder continues to possess the
333 qualifications prescribed by this chapter, and that the permit
334 has not been disapproved at a later election.
335 (3) The division shall issue each license no later than
336 March 15. Each permitholder shall operate all performances at
337 the date and time specified on its license. The division shall
338 have the authority to approve minor changes in racing dates
339 after a license has been issued. The division may approve
340 changes in racing dates after a license has been issued when
341 there is no objection from any operating permitholder that is
342 conducting live racing or games and that is located within 50
343 miles of the permitholder requesting the changes in operating
344 dates. In the event of an objection, the division shall approve
345 or disapprove the change in operating dates based upon the
346 impact on operating permitholders located within 50 miles of the
347 permitholder requesting the change in operating dates. In making
348 the determination to change racing dates, the division shall
349 take into consideration the impact of such changes on state
350 revenues. Notwithstanding any other provision of law, and for
351 the 2021-2022 state fiscal year only, the division may approve
352 changes in operating dates for a jai alai permitholder, harness
353 horse racing permitholder, or quarter horse racing permitholder
354 if the request for such changes is received before October 1,
355 2021.
356 (4) In the event that a permitholder fails to operate all
357 performances specified on its license at the date and time
358 specified, the division shall hold a hearing to determine
359 whether to fine or suspend the permitholder’s license, unless
360 such failure was the direct result of fire, strike, war,
361 hurricane, pandemic, or other disaster or event beyond the
362 ability of the permitholder to control. Financial hardship to
363 the permitholder shall not, in and of itself, constitute just
364 cause for failure to operate all performances on the dates and
365 at the times specified.
366 (5) In the event that performances licensed to be operated
367 by a permitholder are vacated, abandoned, or will not be used
368 for any reason, any permitholder shall be entitled, pursuant to
369 rules adopted by the division, to apply to conduct performances
370 on the dates for which the performances have been abandoned. The
371 division shall issue an amended license for all such replacement
372 performances which have been requested in compliance with the
373 provisions of this chapter and division rules.
374 (6) Any permit which was converted from a jai alai permit
375 to a greyhound permit may be converted to a jai alai permit at
376 any time if the permitholder never conducted greyhound racing or
377 if the permitholder has not conducted greyhound racing for a
378 period of 12 consecutive months.
379 Section 4. Section 550.0235, Florida Statutes, is amended
380 to read:
381 550.0235 Limitation of civil liability.—No permitholder
382 licensed to conduct pari-mutuel wagering permittee conducting a
383 racing meet pursuant to the provisions of this chapter; no
384 division director or employee of the division; and no steward,
385 judge, or other person appointed to act pursuant to this chapter
386 shall be held liable to any person, partnership, association,
387 corporation, or other business entity for any cause whatsoever
388 arising out of, or from, the performance by such permittee,
389 director, employee, steward, judge, or other person of her or
390 his duties and the exercise of her or his discretion with
391 respect to the implementation and enforcement of the statutes
392 and rules governing the conduct of pari-mutuel wagering, so long
393 as she or he acted in good faith. This section shall not limit
394 liability in any situation in which the negligent maintenance of
395 the premises or the negligent conduct of a race contributed to
396 an accident; nor shall it limit any contractual liability.
397 Section 5. Subsections (1) and (7) of section 550.0351,
398 Florida Statutes, are amended to read:
399 550.0351 Charity racing days.—
400 (1) The division shall, upon the request of a permitholder,
401 authorize each horseracing permitholder, dogracing permitholder,
402 and jai alai permitholder up to five charity or scholarship days
403 in addition to the regular racing days authorized by law.
404 (7) In addition to the charity days authorized by this
405 section, any dogracing permitholder may allow its facility to be
406 used for conducting “hound dog derbies” or “mutt derbies” on any
407 day during each racing season by any charitable, civic, or
408 nonprofit organization for the purpose of conducting “hound dog
409 derbies” or “mutt derbies” if only dogs other than those usually
410 used in dogracing (greyhounds) are permitted to race and if
411 adults and minors are allowed to participate as dog owners or
412 spectators. During these racing events, betting, gambling, and
413 the sale or use of alcoholic beverages is prohibited.
414 Section 6. Subsection (4) of section 550.0425, Florida
415 Statutes, is amended to read:
416 550.0425 Minors attendance at pari-mutuel performances;
417 restrictions.—
418 (4) Minor children of licensed greyhound trainers, kennel
419 operators, or other licensed persons employed in the kennel
420 compound areas may be granted access to kennel compound areas
421 without being licensed, provided they are in no way employed
422 unless properly licensed, and only when under the direct
423 supervision of one of their parents or legal guardian.
424 Section 7. Subsection (2) of section 550.054, Florida
425 Statutes, is amended, paragraph (c) is added to subsection (9)
426 of that section, and subsection (15) is added to that section,
427 to read:
428 550.054 Application for permit to conduct pari-mutuel
429 wagering.—
430 (2) Upon each application filed and approved, a permit
431 shall be issued to the applicant setting forth the name of the
432 permitholder, the location of the pari-mutuel facility, the type
433 of pari-mutuel activity desired to be conducted, and a statement
434 showing qualifications of the applicant to conduct pari-mutuel
435 performances under this chapter; however, a permit is
436 ineffectual to authorize any pari-mutuel performances until
437 approved by a majority of the electors participating in a
438 ratification election in the county in which the applicant
439 proposes to conduct pari-mutuel wagering activities. In
440 addition, an application may not be considered, nor may a permit
441 be issued by the division or be voted upon in any county, to
442 conduct horseraces, harness horse races, or pari-mutuel wagering
443 dograces at a location within 100 miles of an existing pari
444 mutuel facility, or for jai alai within 50 miles of an existing
445 pari-mutuel facility; this distance shall be measured on a
446 straight line from the nearest property line of one pari-mutuel
447 facility to the nearest property line of the other facility.
448 (9)
449 (c) The division shall revoke the permit of any
450 permitholder, other than a permitholder issued a permit pursuant
451 to s. 550.3345, who did not hold an operating license for the
452 conduct of pari-mutuel wagering for fiscal year 2020-2021. A
453 permit revoked under this paragraph is void and may not be
454 reissued.
455 (15)(a) Notwithstanding any other provision of law, a
456 permit for the conduct of pari-mutuel wagering and associated
457 cardroom or slot machine licenses may only be held by a
458 permitholder who held an operating license for the conduct of
459 pari-mutuel wagering for fiscal year 2020-2021 or who holds a
460 permit issued pursuant to s. 550.3345;
461 (b) All permits issued under this chapter held by
462 permitholders on January 1, 2021, are deemed valid for the sole
463 and exclusive purpose of satisfying all conditions for the valid
464 issuance of the permits, if such permitholder held an operating
465 license for the conduct of pari-mutuel wagering for fiscal year
466 2020-2021 or if such permitholder held a permit issued pursuant
467 to s. 550.3345;
468 (c) Additional permits for the conduct of pari-mutuel
469 wagering may not be approved or issued by the division after
470 January 1, 2021; and
471 (d) A permit to conduct pari-mutuel wagering may not be
472 converted to another class of permit.
473 Section 8. Section 550.0745, Florida Statutes, is amended
474 to read:
475 550.0745 Conversion of pari-mutuel permit to Summer jai
476 alai permit periods of operation.—A permitholder issued a permit
477 under former subsection (1) of this section, Florida Statutes
478 2020, for the operation of a jai alai fronton during the summer
479 season may conduct pari-mutuel wagering throughout the year
480 (1) The owner or operator of a pari-mutuel permit who is
481 authorized by the division to conduct pari-mutuel pools on
482 exhibition sports in any county having five or more such pari
483 mutuel permits and whose mutuel play from the operation of such
484 pari-mutuel pools for the 2 consecutive years next prior to
485 filing an application under this section has had the smallest
486 play or total pool within the county may apply to the division
487 to convert its permit to a permit to conduct a summer jai alai
488 fronton in such county during the summer season commencing on
489 May 1 and ending on November 30 of each year on such dates as
490 may be selected by such permittee for the same number of days
491 and performances as are allowed and granted to winter jai alai
492 frontons within such county. If a permittee who is eligible
493 under this section to convert a permit declines to convert, a
494 new permit is hereby made available in that permittee’s county
495 to conduct summer jai alai games as provided by this section,
496 notwithstanding mileage and permit ratification requirements. If
497 a permittee converts a quarter horse permit pursuant to this
498 section, nothing in this section prohibits the permittee from
499 obtaining another quarter horse permit. Such permittee shall pay
500 the same taxes as are fixed and required to be paid from the
501 pari-mutuel pools of winter jai alai permittees and is bound by
502 all of the rules and provisions of this chapter which apply to
503 the operation of winter jai alai frontons. Such permittee shall
504 only be permitted to operate a jai alai fronton after its
505 application has been submitted to the division and its license
506 has been issued pursuant to the application. The license is
507 renewable from year to year as provided by law.
508 (2) Such permittee is entitled to the issuance of a license
509 for the operation of a jai alai fronton during the summer season
510 as fixed in this section. A permittee granted a license under
511 this section may not conduct pari-mutuel pools during the summer
512 season except at a jai alai fronton as provided in this section.
513 Such license authorizes the permittee to operate at any jai alai
514 permittee’s plant it may lease or build within such county.
515 (3) Such license for the operation of a jai alai fronton
516 shall never be permitted to be operated during the jai alai
517 winter season; and neither the jai alai winter licensee or the
518 jai alai summer licensee shall be permitted to operate on the
519 same days or in competition with each other. This section does
520 not prevent the summer jai alai permittee from leasing the
521 facilities of the winter jai alai permittee for the operation of
522 the summer meet.
523 (4) The provisions of this chapter which prohibit the
524 location and operation of jai alai frontons within a specified
525 distance from the location of another jai alai fronton or other
526 permittee and which prohibit the division from granting any
527 permit at a location within a certain designated area do not
528 apply to the provisions of this section and do not prevent the
529 issuance of a license under this section.
530 Section 9. Subsection (4) of section 550.09511, Florida
531 Statutes, is amended to read:
532 550.09511 Jai alai taxes; abandoned interest in a permit
533 for nonpayment of taxes.—
534 (4) A jai alai permitholder conducting fewer than 100 live
535 performances in any calendar year shall pay to the state the
536 same aggregate amount of daily license fees on live jai alai
537 games, admissions tax, and tax on live handle as that
538 permitholder paid to the state during the most recent prior
539 calendar year in which the jai alai permitholder conducted at
540 least 100 live performances.
541 Section 10. Paragraph (a) of subsection (3) of section
542 550.09512, Florida Statutes, is amended to read:
543 550.09512 Harness horse taxes; abandoned interest in a
544 permit for nonpayment of taxes.—
545 (3)(a) The permit of a harness horse permitholder who is
546 conducting live harness horse performances and who does not pay
547 tax on handle for any such live harness horse performances
548 conducted for a full schedule of live races during any 2
549 consecutive state fiscal years shall be void and may not be
550 reissued shall escheat to and become the property of the state
551 unless such failure to operate and pay tax on handle was the
552 direct result of fire, strike, war, hurricane, pandemic, or
553 other disaster or event beyond the ability of the permitholder
554 to control. Financial hardship to the permitholder shall not, in
555 and of itself, constitute just cause for failure to operate and
556 pay tax on handle.
557 Section 11. Subsections (2) and (9) of section 550.105,
558 Florida Statutes, are amended to read:
559 550.105 Occupational licenses of racetrack employees; fees;
560 denial, suspension, and revocation of license; penalties and
561 fines.—
562 (2)(a) The following licenses shall be issued to persons or
563 entities with access to the backside, racing animals, jai alai
564 players’ room, jockeys’ room, drivers’ room, totalisator room,
565 the mutuels, or money room, or to persons who, by virtue of the
566 position they hold, might be granted access to these areas or to
567 any other person or entity in one of the following categories
568 and with fees not to exceed the following amounts for any 12
569 month period:
570 1. Business licenses: any business such as a vendor,
571 contractual concessionaire, contract kennel, business owning
572 racing animals, trust or estate, totalisator company, stable
573 name, or other fictitious name: $50.
574 2. Professional occupational licenses: professional persons
575 with access to the backside of a racetrack or players’ quarters
576 in jai alai such as trainers, officials, veterinarians, doctors,
577 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
578 players, owners, trustees, or any management or officer or
579 director or shareholder or any other professional-level person
580 who might have access to the jockeys’ room, the drivers’ room,
581 the backside, racing animals, kennel compound, or managers or
582 supervisors requiring access to mutuels machines, the money
583 room, or totalisator equipment: $40.
584 3. General occupational licenses: general employees with
585 access to the jockeys’ room, the drivers’ room, racing animals,
586 the backside of a racetrack or players’ quarters in jai alai,
587 such as grooms, kennel helpers, leadouts, pelota makers, cesta
588 makers, or ball boys, or a practitioner of any other occupation
589 who would have access to the animals or, the backside, or the
590 kennel compound, or who would provide the security or
591 maintenance of these areas, or mutuel employees, totalisator
592 employees, money-room employees, or any employee with access to
593 mutuels machines, the money room, or totalisator equipment or
594 who would provide the security or maintenance of these areas:
595 $10.
596
597 The individuals and entities that are licensed under this
598 paragraph require heightened state scrutiny, including the
599 submission by the individual licensees or persons associated
600 with the entities described in this chapter of fingerprints for
601 a Federal Bureau of Investigation criminal records check.
602 (b) The division shall adopt rules pertaining to pari
603 mutuel occupational licenses, licensing periods, and renewal
604 cycles.
605 (9) The tax imposed by this section is in lieu of all
606 license, excise, or occupational taxes to the state or any
607 county, municipality, or other political subdivision, except
608 that, if a race meeting or game is held or conducted in a
609 municipality, the municipality may assess and collect an
610 additional tax against any person conducting live racing or
611 games within its corporate limits, which tax may not exceed $150
612 per day for horseracing or $50 per day for dogracing or jai
613 alai. Except as provided in this chapter, a municipality may not
614 assess or collect any additional excise or revenue tax against
615 any person conducting race meetings within the corporate limits
616 of the municipality or against any patron of any such person.
617 Section 12. Section 550.1155, Florida Statutes, is amended
618 to read:
619 550.1155 Authority of stewards, judges, panel of judges, or
620 player’s manager to impose penalties against occupational
621 licensees; disposition of funds collected.—
622 (1) The stewards at a horse racetrack; the judges at a dog
623 track; or the judges, a panel of judges, or a player’s manager
624 at a jai alai fronton may impose a civil penalty against any
625 occupational licensee for violation of the pari-mutuel laws or
626 any rule adopted by the division. The penalty may not exceed
627 $1,000 for each count or separate offense or exceed 60 days of
628 suspension for each count or separate offense.
629 (2) All penalties imposed and collected pursuant to this
630 section at each horse or dog racetrack or jai alai fronton shall
631 be deposited into a board of relief fund established by the
632 pari-mutuel permitholder. Each association shall name a board of
633 relief composed of three of its officers, with the general
634 manager of the permitholder being the ex officio treasurer of
635 such board. Moneys deposited into the board of relief fund shall
636 be disbursed by the board for the specific purpose of aiding
637 occupational licenseholders and their immediate family members
638 at each pari-mutuel facility.
639 Section 13. Section 550.1647, Florida Statutes, is amended
640 to read:
641 550.1647 Greyhound permitholders; unclaimed tickets;
642 breaks.—All money or other property represented by any
643 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
644 remained in the custody of or under the control of any greyhound
645 permitholder authorized to conduct greyhound racing pari-mutuel
646 wagering pools in this state for a period of 1 year after the
647 date the pari-mutuel ticket was issued, if the rightful owner or
648 owners thereof have made no claim or demand for such money or
649 other property within that period of time, shall, with respect
650 to live races conducted by the permitholder, be remitted to the
651 state pursuant to s. 550.1645; however, such permitholder shall
652 be entitled to a credit in each state fiscal year in an amount
653 equal to the actual amount remitted in the prior state fiscal
654 year which may be applied against any taxes imposed pursuant to
655 this chapter. In addition, each permitholder shall pay, from any
656 source, including the proceeds from performances conducted
657 pursuant to s. 550.0351, an amount not less than 10 percent of
658 the amount of the credit provided by this section to any bona
659 fide organization that promotes or encourages the adoption of
660 greyhounds. As used in this chapter, the term “bona fide
661 organization that promotes or encourages the adoption of
662 greyhounds” means any organization that provides evidence of
663 compliance with chapter 496 and possesses a valid exemption from
664 federal taxation issued by the Internal Revenue Service. Such
665 bona fide organization, as a condition of adoption, must provide
666 sterilization of greyhounds by a licensed veterinarian before
667 relinquishing custody of the greyhound to the adopter. The fee
668 for sterilization may be included in the cost of adoption.
669 Section 14. Section 550.1648, Florida Statutes, is
670 repealed.
671 Section 15. Section 550.175, Florida Statutes, is amended
672 to read:
673 550.175 Petition for election to revoke permit.—Upon
674 petition of 20 percent of the qualified electors of any county
675 wherein any pari-mutuel wagering racing has been licensed and
676 conducted under this chapter, the county commissioners of such
677 county shall provide for the submission to the electors of such
678 county at the then next succeeding general election the question
679 of whether any permit or permits theretofore granted shall be
680 continued or revoked, and if a majority of the electors voting
681 on such question in such election vote to cancel or recall the
682 permit theretofore given, the division may not thereafter grant
683 any license on the permit so recalled. Every signature upon
684 every recall petition must be signed in the presence of the
685 clerk of the board of county commissioners at the office of the
686 clerk of the circuit court of the county, and the petitioner
687 must present at the time of such signing her or his registration
688 receipt showing the petitioner’s qualification as an elector of
689 the county at the time of the signing of the petition. Not more
690 than one permit may be included in any one petition; and, in all
691 elections in which the recall of more than one permit is voted
692 on, the voters shall be given an opportunity to vote for or
693 against the recall of each permit separately. Nothing in this
694 chapter shall be construed to prevent the holding of later
695 referendum or recall elections.
696 Section 16. Subsection (1) of section 550.1815, Florida
697 Statutes, is amended to read:
698 550.1815 Certain persons prohibited from holding racing or
699 jai alai permits; suspension and revocation.—
700 (1) A corporation, general or limited partnership, sole
701 proprietorship, business trust, joint venture, or unincorporated
702 association, or other business entity may not hold any
703 horseracing or greyhound dogracing permit or jai alai fronton
704 permit in this state if any one of the persons or entities
705 specified in paragraph (a) has been determined by the division
706 not to be of good moral character or has been convicted of any
707 offense specified in paragraph (b).
708 (a)1. The permitholder;
709 2. An employee of the permitholder;
710 3. The sole proprietor of the permitholder;
711 4. A corporate officer or director of the permitholder;
712 5. A general partner of the permitholder;
713 6. A trustee of the permitholder;
714 7. A member of an unincorporated association permitholder;
715 8. A joint venturer of the permitholder;
716 9. The owner of more than 5 percent of any equity interest
717 in the permitholder, whether as a common shareholder, general or
718 limited partner, voting trustee, or trust beneficiary; or
719 10. An owner of any interest in the permit or permitholder,
720 including any immediate family member of the owner, or holder of
721 any debt, mortgage, contract, or concession from the
722 permitholder, who by virtue thereof is able to control the
723 business of the permitholder.
724 (b)1. A felony in this state;
725 2. Any felony in any other state which would be a felony if
726 committed in this state under the laws of this state;
727 3. Any felony under the laws of the United States;
728 4. A felony under the laws of another state if related to
729 gambling which would be a felony under the laws of this state if
730 committed in this state; or
731 5. Bookmaking as defined in s. 849.25.
732 Section 17. Subsection (2) of section 550.24055, Florida
733 Statutes, is amended to read:
734 550.24055 Use of controlled substances or alcohol
735 prohibited; testing of certain occupational licensees; penalty;
736 evidence of test or action taken and admissibility for criminal
737 prosecution limited.—
738 (2) The occupational licensees, by applying for and holding
739 such licenses, are deemed to have given their consents to submit
740 to an approved chemical test of their breath for the purpose of
741 determining the alcoholic content of their blood and to a urine
742 or blood test for the purpose of detecting the presence of
743 controlled substances. Such tests shall only be conducted upon
744 reasonable cause that a violation has occurred as shall be
745 determined solely by the stewards at a horseracing meeting or
746 the judges or board of judges at a dogtrack or jai alai meet.
747 The failure to submit to such test may result in a suspension of
748 the person’s occupational license for a period of 10 days or
749 until this section has been complied with, whichever is longer.
750 (a) If there was at the time of the test 0.05 percent or
751 less by weight of alcohol in the person’s blood, the person is
752 presumed not to have been under the influence of alcoholic
753 beverages to the extent that the person’s normal faculties were
754 impaired, and no action of any sort may be taken by the
755 stewards, judges, or board of judges or the division.
756 (b) If there was at the time of the test an excess of 0.05
757 percent but less than 0.08 percent by weight of alcohol in the
758 person’s blood, that fact does not give rise to any presumption
759 that the person was or was not under the influence of alcoholic
760 beverages to the extent that the person’s faculties were
761 impaired, but the stewards, judges, or board of judges may
762 consider that fact in determining whether or not the person will
763 be allowed to officiate or participate in any given race or jai
764 alai game.
765 (c) If there was at the time of the test 0.08 percent or
766 more by weight of alcohol in the person’s blood, that fact is
767 prima facie evidence that the person was under the influence of
768 alcoholic beverages to the extent that the person’s normal
769 faculties were impaired, and the stewards or judges may take
770 action as set forth in this section, but the person may not
771 officiate at or participate in any race or jai alai game on the
772 day of such test.
773
774 All tests relating to alcohol must be performed in a manner
775 substantially similar, or identical, to the provisions of s.
776 316.1934 and rules adopted pursuant to that section. Following a
777 test of the urine or blood to determine the presence of a
778 controlled substance as defined in chapter 893, if a controlled
779 substance is found to exist, the stewards, judges, or board of
780 judges may take such action as is permitted in this section.
781 Section 18. Paragraph (d) of subsection (5), paragraphs (b)
782 and (c) of subsection (6), paragraph (a) of subsection (9), and
783 subsection (13) of section 550.2415, Florida Statutes, are
784 amended to read:
785 550.2415 Racing of animals under certain conditions
786 prohibited; penalties; exceptions.—
787 (5) The division shall implement a split-sample procedure
788 for testing animals under this section.
789 (d) For the testing of a racing greyhound, if there is an
790 insufficient quantity of the secondary (split) sample for
791 confirmation of the division laboratory’s positive result, the
792 division may commence administrative proceedings as prescribed
793 in this chapter and consistent with chapter 120.
794 (6)
795 (b) The division shall, by rule, establish the procedures
796 for euthanizing greyhounds. However, a greyhound may not be put
797 to death by any means other than by lethal injection of the drug
798 sodium pentobarbital. A greyhound may not be removed from this
799 state for the purpose of being destroyed.
800 (c) It is a violation of this chapter for an occupational
801 licensee to train a greyhound using live or dead animals. A
802 greyhound may not be taken from this state for the purpose of
803 being trained through the use of live or dead animals.
804 (9)(a) The division may conduct a postmortem examination of
805 any animal that is injured at a permitted racetrack while in
806 training or in competition and that subsequently expires or is
807 destroyed. The division may conduct a postmortem examination of
808 any animal that expires while housed at a permitted racetrack,
809 association compound, or licensed kennel or farm. Trainers and
810 owners shall be requested to comply with this paragraph as a
811 condition of licensure.
812 (13) The division may implement by rule medication levels
813 for racing greyhounds recommended by the University of Florida
814 College of Veterinary Medicine developed pursuant to an
815 agreement between the Division of Pari-mutuel Wagering and the
816 University of Florida College of Veterinary Medicine. The
817 University of Florida College of Veterinary Medicine may provide
818 written notification to the division that it has completed
819 research or review on a particular drug pursuant to the
820 agreement and when the College of Veterinary Medicine has
821 completed a final report of its findings, conclusions, and
822 recommendations to the division.
823 Section 19. Subsection (8) of section 550.334, Florida
824 Statutes, is amended to read:
825 550.334 Quarter horse racing; substitutions.—
826 (8) To be eligible to conduct intertrack wagering, a
827 quarter horse racing permitholder must have conducted a full
828 schedule of live racing in the preceding year.
829 Section 20. Paragraphs (a) and (e) of subsection (2) and
830 subsection (3) of section 550.3345, Florida Statutes, are
831 amended to read:
832 550.3345 Conversion of quarter horse permit to a limited
833 thoroughbred permit.—
834 (2) Notwithstanding any other provision of law, the holder
835 of a quarter horse racing permit issued under s. 550.334 may,
836 within 1 year after the effective date of this section, apply to
837 the division for a transfer of the quarter horse racing permit
838 to a not-for-profit corporation formed under state law to serve
839 the purposes of the state as provided in subsection (1). The
840 board of directors of the not-for-profit corporation must be
841 comprised of 11 members, 4 of whom shall be designated by the
842 applicant, 4 of whom shall be designated by the Florida
843 Thoroughbred Breeders’ Association, and 3 of whom shall be
844 designated by the other 8 directors, with at least 1 of these 3
845 members being an authorized representative of another
846 thoroughbred permitholder in this state. The not-for-profit
847 corporation shall submit an application to the division for
848 review and approval of the transfer in accordance with s.
849 550.054. Upon approval of the transfer by the division, and
850 notwithstanding any other provision of law to the contrary, the
851 not-for-profit corporation may, within 1 year after its receipt
852 of the permit, request that the division convert the quarter
853 horse racing permit to a permit authorizing the holder to
854 conduct pari-mutuel wagering meets of thoroughbred racing.
855 Neither the transfer of the quarter horse racing permit nor its
856 conversion to a limited thoroughbred permit shall be subject to
857 the mileage limitation or the ratification election as set forth
858 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
859 for such conversion, the division shall timely issue a converted
860 permit. The converted permit and the not-for-profit corporation
861 shall be subject to the following requirements:
862 (a) All net revenues derived by the not-for-profit
863 corporation under the thoroughbred horse racing permit and any
864 license issued to the not-for-profit corporation under chapter
865 849, after the funding of operating expenses and capital
866 improvements, shall be dedicated to the enhancement of
867 thoroughbred purses and breeders’, stallion, and special racing
868 awards under this chapter; the general promotion of the
869 thoroughbred horse breeding industry; and the care in this state
870 of thoroughbred horses retired from racing.
871 (e) A No permit converted under this section and a license
872 issued to the not-for-profit corporation under chapter 849 are
873 not is eligible for transfer to another person or entity.
874 (3) Unless otherwise provided in this section, after
875 conversion, the permit and the not-for-profit corporation shall
876 be treated under the laws of this state as a thoroughbred permit
877 and as a thoroughbred permitholder, respectively, with the
878 exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
879 Section 21. Subsections (2) and (4), paragraph (a) of
880 subsection (6), and subsection (11) of section 550.3551, Florida
881 Statutes, are amended to read:
882 550.3551 Transmission of racing and jai alai information;
883 commingling of pari-mutuel pools.—
884 (2) Any horse track, dog track, or fronton licensed under
885 this chapter may transmit broadcasts of races or games conducted
886 at the enclosure of the licensee to locations outside this
887 state.
888 (a) All broadcasts of horseraces transmitted to locations
889 outside this state must comply with the provisions of the
890 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
891 3001 et seq.
892 (b) Wagers accepted by any out-of-state pari-mutuel
893 permitholder or licensed betting system on a race broadcasted
894 under this subsection may be, but are not required to be,
895 included in the pari-mutuel pools of the horse track in this
896 state that broadcasts the race upon which wagers are accepted.
897 The handle, as referred to in s. 550.0951(3), does not include
898 any wagers accepted by an out-of-state pari-mutuel permitholder
899 or licensed betting system, irrespective of whether such wagers
900 are included in the pari-mutuel pools of the Florida
901 permitholder as authorized by this subsection.
902 (4) Any greyhound permitholder or jai alai permitholder dog
903 track or fronton licensed under this chapter may receive at its
904 licensed location broadcasts of dograces or jai alai games
905 conducted at other tracks or frontons located outside the state
906 at the track enclosure of the licensee during its operational
907 meeting. All forms of pari-mutuel wagering are allowed on
908 dograces or jai alai games broadcast under this subsection. All
909 money wagered by patrons on dograces broadcast under this
910 subsection shall be computed in the amount of money wagered each
911 performance for purposes of taxation under ss. 550.0951 and
912 550.09511.
913 (6)(a) A maximum of 20 percent of the total number of races
914 on which wagers are accepted by a greyhound permitholder not
915 located as specified in s. 550.615(6) may be received from
916 locations outside this state. A permitholder conducting live
917 races or games may not conduct fewer than eight live races or
918 games on any authorized race day except as provided in this
919 subsection. A thoroughbred permitholder may not conduct fewer
920 than eight live races on any race day without the written
921 approval of the Florida Thoroughbred Breeders’ Association and
922 the Florida Horsemen’s Benevolent and Protective Association,
923 Inc., unless it is determined by the department that another
924 entity represents a majority of the thoroughbred racehorse
925 owners and trainers in the state. If conducting live racing, a
926 harness permitholder may conduct fewer than eight live races on
927 any authorized race day, except that such permitholder must
928 conduct a full schedule of live racing during its race meet
929 consisting of at least eight live races per authorized race day
930 for at least 100 days. Any harness horse permitholder that
931 during the preceding racing season conducted a full schedule of
932 live racing may, at any time during its current race meet,
933 receive full-card broadcasts of harness horse races conducted at
934 harness racetracks outside this state at the harness track of
935 the permitholder and accept wagers on such harness races. With
936 specific authorization from the division for special racing
937 events, a permitholder may conduct fewer than eight live races
938 or games when the permitholder also broadcasts out-of-state
939 races or games. The division may not grant more than two such
940 exceptions a year for a permitholder in any 12-month period, and
941 those two exceptions may not be consecutive.
942 (11) Greyhound permitholders tracks and jai alai
943 permitholders frontons have the same privileges as provided in
944 this section to horserace permitholders horse tracks, as
945 applicable, subject to rules adopted under subsection (10).
946 Section 22. Subsections (1) and (3) through (6) of section
947 550.3615, Florida Statutes, are amended to read:
948 550.3615 Bookmaking on the grounds of a permitholder;
949 penalties; reinstatement; duties of track employees; penalty;
950 exceptions.—
951 (1) Any person who engages in bookmaking, as defined in s.
952 849.25, on the grounds or property of a pari-mutuel facility
953 commits permitholder of a horse or dog track or jai alai fronton
954 is guilty of a felony of the third degree, punishable as
955 provided in s. 775.082, s. 775.083, or s. 775.084.
956 Notwithstanding the provisions of s. 948.01, any person
957 convicted under the provisions of this subsection shall not have
958 adjudication of guilt suspended, deferred, or withheld.
959 (3) Any person who has been convicted of bookmaking in this
960 state or any other state of the United States or any foreign
961 country shall be denied admittance to and shall not attend any
962 pari-mutuel facility racetrack or fronton in this state during
963 its racing seasons or operating dates, including any practice or
964 preparational days, for a period of 2 years after the date of
965 conviction or the date of final appeal. Following the conclusion
966 of the period of ineligibility, the director of the division may
967 authorize the reinstatement of an individual following a hearing
968 on readmittance. Any such person who knowingly violates this
969 subsection commits is guilty of a misdemeanor of the first
970 degree, punishable as provided in s. 775.082 or s. 775.083.
971 (4) If the activities of a person show that this law is
972 being violated, and such activities are either witnessed by or
973 are common knowledge of by any pari-mutuel facility track or
974 fronton employee, it is the duty of that employee to bring the
975 matter to the immediate attention of the permitholder, manager,
976 or her or his designee, who shall notify a law enforcement
977 agency having jurisdiction. Willful failure by the pari-mutuel
978 facility on the part of any track or fronton employee to comply
979 with the provisions of this subsection is a ground for the
980 division to suspend or revoke that employee’s license for pari
981 mutuel facility track or fronton employment.
982 (5) Each permittee shall display, in conspicuous places at
983 a pari-mutuel facility track or fronton and in all race and jai
984 alai daily programs, a warning to all patrons concerning the
985 prohibition and penalties of bookmaking contained in this
986 section and s. 849.25. The division shall adopt rules concerning
987 the uniform size of all warnings and the number of placements
988 throughout a pari-mutuel facility track or fronton. Failure on
989 the part of the permittee to display such warnings may result in
990 the imposition of a $500 fine by the division for each offense.
991 (6) This section does not apply to any person attending a
992 track or fronton or employed by or attending a pari-mutuel
993 facility a track or fronton who places a bet through the
994 legalized pari-mutuel pool for another person, provided such
995 service is rendered gratuitously and without fee or other
996 reward.
997 Section 23. Effective October 1, 2021, section 550.3616,
998 Florida Statutes, is created to read:
999 550.3616 Racing greyhounds or other dogs prohibited;
1000 penalty.—A person authorized to conduct gaming or pari-mutuel
1001 operations in this state may not race greyhounds or any member
1002 of the Canis familiaris subspecies in connection with any wager
1003 for money or any other thing of value in this state. A person
1004 who violates this section commits a misdemeanor of the first
1005 degree, punishable as provided in s. 775.082 or s. 775.083. A
1006 person who commits a second or subsequent violation commits a
1007 felony of the third degree, punishable as provided in s.
1008 775.082, s. 775.083, or s. 775.084. Notwithstanding the
1009 provisions of s. 948.01, any person convicted under this section
1010 may not have adjudication of guilt suspended, deferred, or
1011 withheld.
1012 Section 24. Section 550.475, Florida Statutes, is amended
1013 to read:
1014 550.475 Lease of pari-mutuel facilities by pari-mutuel
1015 permitholders.—Holders of valid pari-mutuel permits for the
1016 conduct of any pari-mutuel wagering jai alai games, dogracing,
1017 or thoroughbred and standardbred horse racing in this state are
1018 entitled to lease any and all of their facilities to any other
1019 holder of a same class valid pari-mutuel permit for jai alai
1020 games, dogracing, or thoroughbred or standardbred horse racing,
1021 when located within a 35-mile radius of each other; and such
1022 lessee is entitled to a permit and license to conduct intertrack
1023 wagering and operate its race meet or jai alai games at the
1024 leased premises.
1025 Section 25. Subsection (2) of section 550.5251, Florida
1026 Statutes, is amended to read:
1027 550.5251 Florida thoroughbred racing; certain permits;
1028 operating days.—
1029 (2) A thoroughbred racing permitholder may not begin any
1030 race later than 7 p.m. Any thoroughbred permitholder in a county
1031 in which the authority for cardrooms has been approved by the
1032 board of county commissioners may operate a cardroom and, when
1033 conducting live races during its current race meet, may receive
1034 and rebroadcast out-of-state races after the hour of 7 p.m. on
1035 any day during which the permitholder conducts live races.
1036 Section 26. Subsections (1), (2), and (8) of section
1037 550.615, Florida Statutes, are amended, and subsection (11) is
1038 added to that section, to read:
1039 550.615 Intertrack wagering.—
1040 (1) Any thoroughbred horserace permitholder licensed under
1041 this chapter which has conducted a full schedule of live racing
1042 may, at any time, receive broadcasts of horseraces and accept
1043 wagers on horseraces conducted by horserace permitholders
1044 licensed under this chapter at its facility.
1045 (2) Except as provided in subsection (1), a pari-mutuel
1046 permitholder that has met the applicable requirement for that
1047 permitholder to conduct live racing or games under s.
1048 550.01215(1)(b), if any, for fiscal year 2020-2021 Any track or
1049 fronton licensed under this chapter which in the preceding year
1050 conducted a full schedule of live racing is qualified to, at any
1051 time, receive broadcasts of any class of pari-mutuel race or
1052 game and accept wagers on such races or games conducted by any
1053 class of permitholders licensed under this chapter.
1054 (8) In any three contiguous counties of the state where
1055 there are only three permitholders, all of which are greyhound
1056 permitholders, if any permitholder leases the facility of
1057 another permitholder for all or any portion of the conduct of
1058 its live race meet pursuant to s. 550.475, such lessee may
1059 conduct intertrack wagering at its pre-lease permitted facility
1060 throughout the entire year, including while its live meet is
1061 being conducted at the leased facility, if such permitholder has
1062 conducted a full schedule of live racing during the preceding
1063 fiscal year at its pre-lease permitted facility or at a leased
1064 facility, or combination thereof.
1065 (11) Any greyhound permitholder licensed under this chapter
1066 to conduct pari-mutuel wagering is qualified to, at any time,
1067 receive broadcasts of any class of pari-mutuel race or game and
1068 accept wagers on such races or games conducted by any class of
1069 permitholders licensed under this chapter.
1070 Section 27. Subsection (2) of section 550.6305, Florida
1071 Statutes, is amended to read:
1072 550.6305 Intertrack wagering; guest track payments;
1073 accounting rules.—
1074 (2) For the purposes of calculation of odds and payoffs and
1075 distribution of the pari-mutuel pools, all intertrack wagers
1076 shall be combined with the pari-mutuel pools at the host track.
1077 Notwithstanding this subsection or subsection (4), a greyhound
1078 pari-mutuel permitholder may conduct intertrack wagering without
1079 combining pari-mutuel pools on not more than three races in any
1080 week, not to exceed 20 races in a year. All other provisions
1081 concerning pari-mutuel takeout and payments, including state tax
1082 payments, apply as if the pool had been combined.
1083 Section 28. Subsections (1), (4), and (5) of section
1084 550.6308, Florida Statutes, are amended to read:
1085 550.6308 Limited intertrack wagering license.—In
1086 recognition of the economic importance of the thoroughbred
1087 breeding industry to this state, its positive impact on tourism,
1088 and of the importance of a permanent thoroughbred sales facility
1089 as a key focal point for the activities of the industry, a
1090 limited license to conduct intertrack wagering is established to
1091 ensure the continued viability and public interest in
1092 thoroughbred breeding in Florida.
1093 (1) Upon application to the division on or before January
1094 31 of each year, any person that is licensed to conduct public
1095 sales of thoroughbred horses pursuant to s. 535.01 and, that has
1096 conducted at least 8 15 days of thoroughbred horse sales at a
1097 permanent sales facility in this state for at least 3
1098 consecutive years, and that has conducted at least 1 day of
1099 nonwagering thoroughbred racing in this state, with a purse
1100 structure of at least $250,000 per year for 2 consecutive years
1101 before such application, shall be issued a license, subject to
1102 the conditions set forth in this section, to conduct intertrack
1103 wagering at such a permanent sales facility during the following
1104 periods:
1105 (a) Up to 21 days in connection with thoroughbred sales;
1106 (b) Between November 1 and May 8;
1107 (c) Between May 9 and October 31 at such times and on such
1108 days as any thoroughbred, jai alai, or a greyhound permitholder
1109 in the same county is not conducting live performances; provided
1110 that any such permitholder may waive this requirement, in whole
1111 or in part, and allow the licensee under this section to conduct
1112 intertrack wagering during one or more of the permitholder’s
1113 live performances; and
1114 (d) During the weekend of the Kentucky Derby, the
1115 Preakness, the Belmont, and a Breeders’ Cup Meet that is
1116 conducted before November 1 and after May 8.
1117
1118 No more than one such license may be issued, and no such license
1119 may be issued for a facility located within 50 miles of any
1120 thoroughbred permitholder’s track.
1121 (4) Intertrack wagering under this section may be conducted
1122 only on thoroughbred horse racing, except that intertrack
1123 wagering may be conducted on any class of pari-mutuel race or
1124 game conducted by any class of permitholders licensed under this
1125 chapter if all thoroughbred, jai alai, and greyhound
1126 permitholders in the same county as the licensee under this
1127 section give their consent.
1128 (5) The licensee shall be considered a guest track under
1129 this chapter. The licensee shall pay 2.5 percent of the total
1130 contributions to the daily pari-mutuel pool on wagers accepted
1131 at the licensee’s facility on greyhound races or jai alai games
1132 to the thoroughbred permitholder that is conducting live races
1133 for purses to be paid during its current racing meet. If more
1134 than one thoroughbred permitholder is conducting live races on a
1135 day during which the licensee is conducting intertrack wagering
1136 on greyhound races or jai alai games, the licensee shall
1137 allocate these funds between the operating thoroughbred
1138 permitholders on a pro rata basis based on the total live handle
1139 at the operating permitholders’ facilities.
1140 Section 29. Paragraph (c) of subsection (4) of section
1141 551.104, Florida Statutes, is amended to read:
1142 551.104 License to conduct slot machine gaming.—
1143 (4) As a condition of licensure and to maintain continued
1144 authority for the conduct of slot machine gaming, the slot
1145 machine licensee shall:
1146 (c) If a thoroughbred permitholder, conduct no fewer than a
1147 full schedule of live racing or games as defined in s.
1148 550.002(11). A permitholder’s responsibility to conduct such
1149 number of live races or games shall be reduced by the number of
1150 races or games that could not be conducted due to the direct
1151 result of fire, strike, war, hurricane, pandemic, or other
1152 disaster or event beyond the control of the permitholder.
1153 Section 30. Subsection (4) of section 551.114, Florida
1154 Statutes, is amended to read:
1155 551.114 Slot machine gaming areas.—
1156 (4) Designated slot machine gaming areas must may be
1157 located at the address specified in the licensed permitholder’s
1158 slot machine license issued for fiscal year 2020-2021 within the
1159 current live gaming facility or in an existing building that
1160 must be contiguous and connected to the live gaming facility. If
1161 a designated slot machine gaming area is to be located in a
1162 building that is to be constructed, that new building must be
1163 contiguous and connected to the live gaming facility.
1164 Section 31. Section 551.116, Florida Statutes, is amended
1165 to read:
1166 551.116 Days and hours of operation.—Slot machine gaming
1167 areas may be open 24 hours per day daily throughout the year.
1168 The slot machine gaming areas may be open a cumulative amount of
1169 18 hours per day on Monday through Friday and 24 hours per day
1170 on Saturday and Sunday and on those holidays specified in s.
1171 110.117(1).
1172 Section 32. Subsection (1) of section 551.121, Florida
1173 Statutes, is amended to read:
1174 551.121 Prohibited activities and devices; exceptions.—
1175 (1) Complimentary or reduced-cost alcoholic beverages may
1176 not be served to persons playing a slot machine. Alcoholic
1177 beverages served to persons playing a slot machine shall cost at
1178 least the same amount as alcoholic beverages served to the
1179 general public at a bar within the facility.
1180 Section 33. Subsection (5) of section 565.02, Florida
1181 Statutes, is amended to read:
1182 565.02 License fees; vendors; clubs; caterers; and others.—
1183 (5) A caterer at a pari-mutuel facility licensed under
1184 chapter 550 horse or dog racetrack or jai alai fronton may
1185 obtain a license upon the payment of an annual state license tax
1186 of $675. Such caterer’s license shall permit sales only within
1187 the enclosure in which pari-mutuel wagering is conducted such
1188 races or jai alai games are conducted, and such licensee shall
1189 be permitted to sell only during the period beginning 10 days
1190 before and ending 10 days after racing or jai alai under the
1191 authority of the Division of Pari-mutuel Wagering of the
1192 Department of Business and Professional Regulation is conducted
1193 at such racetrack or jai alai fronton. Except as in this
1194 subsection otherwise provided, caterers licensed hereunder shall
1195 be treated as vendors licensed to sell by the drink the
1196 beverages mentioned herein and shall be subject to all the
1197 provisions hereof relating to such vendors.
1198 Section 34. Subsection (5), paragraphs (a) and (b) of
1199 subsection (7), and paragraph (d) of subsection (13) of section
1200 849.086, Florida Statutes, are amended to read:
1201 849.086 Cardrooms authorized.—
1202 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
1203 operate a cardroom in this state unless such person holds a
1204 valid cardroom license issued pursuant to this section.
1205 (a) Only those persons holding a valid cardroom license
1206 issued by the division may operate a cardroom. A cardroom
1207 license may only be issued to a licensed pari-mutuel
1208 permitholder and an authorized cardroom may only be operated at
1209 the same facility at which the permitholder is authorized under
1210 its valid pari-mutuel wagering permit to conduct pari-mutuel
1211 wagering activities. An initial cardroom license shall be issued
1212 to a pari-mutuel permitholder only after its facilities are in
1213 place and after it conducts its first day of pari-mutuel
1214 activities on live racing or games.
1215 (b) After the initial cardroom license is granted, the
1216 application for the annual license renewal shall be made in
1217 conjunction with the applicant’s annual application for its
1218 pari-mutuel license. If a permitholder has operated a cardroom
1219 during any of the 3 previous fiscal years and fails to include a
1220 renewal request for the operation of the cardroom in its annual
1221 application for license renewal, the permitholder may amend its
1222 annual application to include operation of the cardroom.
1223 (c) Notwithstanding any other provision of law, a pari
1224 mutuel permitholder, other than a permitholder issued a permit
1225 pursuant to s. 550.3345, may not be issued a license for the
1226 operation of a cardroom if the permitholder did not hold an
1227 operating license for the conduct of pari-mutuel wagering for
1228 fiscal year 2020-2021. In order for an initial cardroom license
1229 to be issued to a thoroughbred permitholder issued a permit
1230 pursuant s. 550.3345, the applicant must have requested, as part
1231 of its pari-mutuel annual license application, to conduct at
1232 least a full schedule of live racing. In order for a cardroom
1233 license to be renewed by a thoroughbred permitholder, the
1234 applicant must have requested, as part of its pari-mutuel annual
1235 license application, to conduct at least 90 percent of the total
1236 number of live performances conducted by such permitholder
1237 during either the state fiscal year in which its initial
1238 cardroom license was issued or the state fiscal year immediately
1239 prior thereto if the permitholder ran at least a full schedule
1240 of live racing or games in the prior year. If the application is
1241 for a harness permitholder cardroom, the applicant must have
1242 requested authorization to conduct a minimum of 140 live
1243 performances during the state fiscal year immediately prior
1244 thereto. If more than one permitholder is operating at a
1245 facility, each permitholder must have applied for a license to
1246 conduct a full schedule of live racing.
1247 (d)(c) Persons seeking a license or a renewal thereof to
1248 operate a cardroom shall make application on forms prescribed by
1249 the division. Applications for cardroom licenses shall contain
1250 all of the information the division, by rule, may determine is
1251 required to ensure eligibility.
1252 (e)(d) The annual cardroom license fee for each facility
1253 shall be $1,000 for each table to be operated at the cardroom.
1254 The license fee shall be deposited by the division with the
1255 Chief Financial Officer to the credit of the Pari-mutuel
1256 Wagering Trust Fund.
1257 (7) CONDITIONS FOR OPERATING A CARDROOM.—
1258 (a) A cardroom may be operated only at the location
1259 specified on the cardroom license issued by the division, and
1260 such location may only be the location at which the pari-mutuel
1261 permitholder is authorized to conduct pari-mutuel wagering
1262 activities pursuant to such permitholder’s valid pari-mutuel
1263 permit or as otherwise authorized by law. Cardroom operations
1264 may not be allowed beyond the hours provided in paragraph (b)
1265 regardless of the number of cardroom licenses issued for
1266 permitholders operating at the pari-mutuel facility.
1267 (b) Any cardroom operator may operate a cardroom at the
1268 pari-mutuel facility daily throughout the year, if the
1269 permitholder meets the requirements under paragraph (5)(b). The
1270 cardroom may be open a cumulative amount of 18 hours per day on
1271 Monday through Friday and 24 hours per day on Saturday and
1272 Sunday and on the holidays specified in s. 110.117(1).
1273 (13) TAXES AND OTHER PAYMENTS.—
1274 (d)1. Each greyhound and jai alai permitholder that
1275 conducts live performances and operates a cardroom facility
1276 shall use at least 4 percent of such permitholder’s cardroom
1277 monthly gross receipts to supplement greyhound purses or jai
1278 alai prize money, respectively, during the permitholder’s next
1279 ensuing pari-mutuel meet.
1280 2. Each thoroughbred permitholder or and harness horse
1281 racing permitholder that conducts live performances and operates
1282 a cardroom facility shall use at least 50 percent of such
1283 permitholder’s cardroom monthly net proceeds as follows: 47
1284 percent to supplement purses and 3 percent to supplement
1285 breeders’ awards during the permitholder’s next ensuing racing
1286 meet.
1287 3. No cardroom license or renewal thereof shall be issued
1288 to an applicant holding a permit under chapter 550 to conduct
1289 pari-mutuel wagering meets of quarter horse racing and
1290 conducting live performances unless the applicant has on file
1291 with the division a binding written agreement between the
1292 applicant and the Florida Quarter Horse Racing Association or
1293 the association representing a majority of the horse owners and
1294 trainers at the applicant’s eligible facility, governing the
1295 payment of purses on live quarter horse races conducted at the
1296 licensee’s pari-mutuel facility. The agreement governing purses
1297 may direct the payment of such purses from revenues generated by
1298 any wagering or gaming the applicant is authorized to conduct
1299 under Florida law. All purses shall be subject to the terms of
1300 chapter 550.
1301 Section 35. Effective October 1, 2021, section 849.14,
1302 Florida Statutes, is amended to read:
1303 849.14 Unlawful to bet on result of trial or contest of
1304 skill, etc.—Whoever stakes, bets or wagers any money or other
1305 thing of value upon the result of any trial or contest of skill,
1306 speed or power or endurance of human or beast, or whoever
1307 receives in any manner whatsoever any money or other thing of
1308 value staked, bet or wagered, or offered for the purpose of
1309 being staked, bet or wagered, by or for any other person upon
1310 any such result, or whoever knowingly becomes the custodian or
1311 depositary of any money or other thing of value so staked, bet,
1312 or wagered upon any such result, or whoever aids, or assists, or
1313 abets, or influences in any manner in any of such acts all of
1314 which are hereby forbidden, commits shall be guilty of a felony
1315 misdemeanor of the third second degree, punishable as provided
1316 in s. 775.082 or s. 775.083.
1317 Section 36. Section 849.142, Florida Statutes, is created
1318 to read:
1319 849.142 Exempted activities.—Sections 849.01, 849.08,
1320 849.09, 849.11, 849.14, and 849.25 do not apply to participation
1321 in or the conduct of any of the following activities:
1322 (1) Gaming activities authorized under s. 285.710(13) and
1323 conducted pursuant to a gaming compact ratified and approved
1324 under s. 285.710(3).
1325 (2) Amusement games conducted pursuant to chapter 546.
1326 (3) Pari-mutuel wagering conducted pursuant to chapter 550.
1327 (4) Slot machine gaming conducted pursuant to chapter 551.
1328 (5) Games conducted pursuant to s. 849.086.
1329 (6) Bingo games conducted pursuant to s. 849.0931.
1330 Section 37. Effective October 1, 2021, section 849.251,
1331 Florida Statutes, is created to read:
1332 849.251 Wagering, aiding, abetting, or conniving to race or
1333 wager on greyhounds or other dogs; penalty.—
1334 (1) A person in this state may not wager or accept money or
1335 any other thing of value on the outcome of a live dog race
1336 occurring in this state. A person who violates this subsection
1337 commits a misdemeanor of the first degree, punishable as
1338 provided in s. 775.082 or s. 775.083. A person who commits a
1339 second or subsequent violation commits a felony of the third
1340 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1341 775.084.
1342 (2) Any person who aids, abets, influences, or has any
1343 understanding or connivance with any person associated with or
1344 interested in any race of or wager on greyhounds or other dogs
1345 in this state, to organize or arrange a race of or wager on
1346 greyhounds or other dogs in this state, commits a misdemeanor of
1347 the first degree, punishable as provided in s. 775.082 or s.
1348 775.083. A person who commits a second or subsequent violation
1349 commits a felony of the third degree, punishable as provided in
1350 s. 775.082, s. 775.083, or s. 775.084.
1351 (3) Notwithstanding the provisions of s. 948.01, any person
1352 convicted under subsection (1) or subsection (2) may not have
1353 adjudication of guilt suspended, deferred, or withheld.
1354 (4) This section does not apply to pari-mutuel wagering
1355 authorized under chapter 550.
1356 Section 38. For the purpose of incorporating the amendment
1357 made by this act to section 550.002, Florida Statutes, in a
1358 reference thereto, paragraph (c) of subsection (2) of section
1359 380.0651, Florida Statutes, is reenacted to read:
1360 380.0651 Statewide guidelines, standards, and exemptions.—
1361 (2) STATUTORY EXEMPTIONS.—The following developments are
1362 exempt from s. 380.06:
1363 (c) Any proposed addition to an existing sports facility
1364 complex if the addition meets the following characteristics:
1365 1. It would not operate concurrently with the scheduled
1366 hours of operation of the existing facility;
1367 2. Its seating capacity would be no more than 75 percent of
1368 the capacity of the existing facility; and
1369 3. The sports facility complex property was owned by a
1370 public body before July 1, 1983.
1371
1372 This exemption does not apply to any pari-mutuel facility as
1373 defined in s. 550.002.
1374
1375 If a use is exempt from review pursuant to paragraphs (a)-(u),
1376 but will be part of a larger project that is subject to review
1377 pursuant to s. 380.06(12), the impact of the exempt use must be
1378 included in the review of the larger project, unless such exempt
1379 use involves a development that includes a landowner, tenant, or
1380 user that has entered into a funding agreement with the state
1381 land planning agency under the Innovation Incentive Program and
1382 the agreement contemplates a state award of at least $50
1383 million.
1384 Section 39. For the purpose of incorporating the amendment
1385 made by this act to section 550.002, Florida Statutes, in a
1386 reference thereto, paragraph (c) of subsection (4) of section
1387 402.82, Florida Statutes, is reenacted to read:
1388 402.82 Electronic benefits transfer program.—
1389 (4) Use or acceptance of an electronic benefits transfer
1390 card is prohibited at the following locations or for the
1391 following activities:
1392 (c) A pari-mutuel facility as defined in s. 550.002.
1393 Section 40. For the purpose of incorporating the amendment
1394 made by this act to section 550.002, Florida Statutes, in a
1395 reference thereto, subsection (1) of section 480.0475, Florida
1396 Statutes, is reenacted to read:
1397 480.0475 Massage establishments; prohibited practices.—
1398 (1) A person may not operate a massage establishment
1399 between the hours of midnight and 5 a.m. This subsection does
1400 not apply to a massage establishment:
1401 (a) Located on the premises of a health care facility as
1402 defined in s. 408.07; a health care clinic as defined in s.
1403 400.9905(4); a hotel, motel, or bed and breakfast inn, as those
1404 terms are defined in s. 509.242; a timeshare property as defined
1405 in s. 721.05; a public airport as defined in s. 330.27; or a
1406 pari-mutuel facility as defined in s. 550.002;
1407 (b) In which every massage performed between the hours of
1408 midnight and 5 a.m. is performed by a massage therapist acting
1409 under the prescription of a physician or physician assistant
1410 licensed under chapter 458, an osteopathic physician or
1411 physician assistant licensed under chapter 459, a chiropractic
1412 physician licensed under chapter 460, a podiatric physician
1413 licensed under chapter 461, an advanced practice registered
1414 nurse licensed under part I of chapter 464, or a dentist
1415 licensed under chapter 466; or
1416 (c) Operating during a special event if the county or
1417 municipality in which the establishment operates has approved
1418 such operation during the special event.
1419 Section 41. If any provision of this act or its application
1420 to any person or circumstance is held invalid, the invalidity
1421 does not affect other provisions or applications of the act
1422 which can be given effect without the invalid provision or
1423 application, and to this end the provisions of this act are
1424 severable.
1425 Section 42. Except as otherwise expressly provided in this
1426 act, this act shall take effect on the same date that SB 2A or
1427 similar legislation takes effect, if such legislation is adopted
1428 in the same legislative session or an extension thereof and
1429 becomes a law.