Florida Senate - 2022                                    SB 1794
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01299A-22                                          20221794__
    1                        A bill to be entitled                      
    2         An act relating to harness horse racing; amending s.
    3         550.054, F.S.; authorizing the division to issue
    4         special harness horse racing permits; specifying that
    5         a special harness horse racing permitholder may only
    6         conduct live harness horse racing and associated pari
    7         mutuel wagering; prohibiting special harness horse
    8         racing permitholders from operating cardrooms or slot
    9         machines and from applying for or being issued
   10         licenses relating to such operations; prohibiting a
   11         special harness horse racing permit from being
   12         converted to another class of permit; amending s.
   13         550.01215, F.S.; authorizing certain permitholders to
   14         elect to conduct live harness horse racing; specifying
   15         that permitholders making such election are not
   16         entitled to any additional permits; requiring such
   17         permitholders to maintain and remain qualified for
   18         their original permits; providing construction; making
   19         conforming changes; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (16) is added to section 550.054,
   24  Florida Statutes, and subsection (15) of that section is
   25  republished, to read:
   26         550.054 Application for permit to conduct pari-mutuel
   27  wagering.—
   28         (15)(a) Notwithstanding any other provision of law, a
   29  permit for the conduct of pari-mutuel wagering and associated
   30  cardroom or slot machine licenses may only be held by a
   31  permitholder who held an operating license for the conduct of
   32  pari-mutuel wagering for fiscal year 2020-2021 or who holds a
   33  permit issued pursuant to s. 550.3345;
   34         (b) All permits issued under this chapter held by
   35  permitholders on January 1, 2021, are deemed valid for the sole
   36  and exclusive purpose of satisfying all conditions for the valid
   37  issuance of the permits, if such permitholder held an operating
   38  license for the conduct of pari-mutuel wagering for fiscal year
   39  2020-2021 or if such permitholder held a permit issued pursuant
   40  to s. 550.3345;
   41         (c) Additional permits for the conduct of pari-mutuel
   42  wagering may not be approved or issued by the division after
   43  January 1, 2021; and
   44         (d) A permit to conduct pari-mutuel wagering may not be
   45  converted to another class of permit.
   46         (16)Notwithstanding subsection (15), the division may
   47  issue a special harness horse racing permit for the conduct of
   48  pari-mutuel wagering operations associated with live harness
   49  horse racing to any applicant who meets the requirements of this
   50  chapter. A special harness horse racing permitholder may only
   51  conduct live harness horse racing and associated pari-mutuel
   52  wagering pursuant to this chapter. A special harness horse
   53  racing permitholder may not operate a cardroom or slot machines.
   54  A special harness horse racing permitholder may not apply for,
   55  and the division may not issue, a license to operate cardrooms
   56  or slot machines regardless of any qualifications to do so. A
   57  special harness horse racing permit may not be converted to
   58  another class of permit.
   59         Section 2. Paragraph (b) of subsection (1) of section
   60  550.01215, Florida Statutes, is amended to read:
   61         550.01215 License application; periods of operation;
   62  license fees; bond.—
   63         (1) Each permitholder shall annually, during the period
   64  between December 15 and January 4, file in writing with the
   65  division its application for an operating license for a pari
   66  mutuel facility for the conduct of pari-mutuel wagering during
   67  the next state fiscal year, including intertrack and simulcast
   68  race wagering. Each application for live performances must
   69  specify the number, dates, and starting times of all live
   70  performances that the permitholder intends to conduct. It must
   71  also specify which performances will be conducted as charity or
   72  scholarship performances.
   73         (b)1. A greyhound permitholder may not conduct live
   74  greyhound racing or dogracing. A jai alai permitholder, harness
   75  horse racing permitholder, or quarter horse racing permitholder
   76  may elect not to conduct live racing or games. A thoroughbred
   77  permitholder must conduct live thoroughbred racing. A greyhound
   78  permitholder, jai alai permitholder, harness horse racing
   79  permitholder, or quarter horse racing permitholder that does not
   80  conduct live racing or games retains its permit; is a pari
   81  mutuel facility as defined in s. 550.002(23); if such
   82  permitholder has been issued a slot machine license, the
   83  facility where such permit is located remains an eligible
   84  facility as defined in s. 551.102(4), continues to be eligible
   85  for a slot machine license pursuant to s. 551.104(3), and is
   86  exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
   87  eligible, but not required, to be a guest track and, if the
   88  permitholder is a harness horse racing permitholder, to be a
   89  host track for purposes of intertrack wagering and simulcasting
   90  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
   91  remains eligible for a cardroom license.
   92         2. A permitholder or licensee may not conduct live
   93  greyhound racing or dogracing in connection with any wager for
   94  money or any other thing of value in the state. The division may
   95  deny, suspend, or revoke any permit or license under this
   96  chapter if a permitholder or licensee conducts live greyhound
   97  racing or dogracing in violation of this subparagraph. In
   98  addition to, or in lieu of, denial, suspension, or revocation of
   99  such permit or license, the division may impose a civil penalty
  100  of up to $5,000 against the permitholder or licensee for a
  101  violation of this subparagraph. All penalties imposed and
  102  collected must be deposited with the Chief Financial Officer to
  103  the credit of the General Revenue Fund.
  104         3.A greyhound permitholder, jai alai permitholder,
  105  thoroughbred permitholder, or quarter horse racing permitholder
  106  who held an operating license for the conduct of pari-mutuel
  107  wagering during the 2020-2021 operating year or who holds a
  108  permit issued pursuant to s. 550.3345 may elect to conduct live
  109  harness horse racing. A permitholder making such election is not
  110  entitled to any additional permits. In order to conduct harness
  111  horse racing pursuant to this subparagraph, a permitholder must
  112  maintain and remain qualified for the permitholder’s original
  113  permit. An election made pursuant to this subparagraph is
  114  considered an additional benefit of holding a greyhound permit,
  115  jai alai permit, thoroughbred permit, quarter horse racing
  116  permit, or permit issued pursuant to s. 550.3345. An election
  117  made pursuant to this subparagraph may not be considered a grant
  118  or issuance of a new permit or license or a conversion of an
  119  existing permit or license.
  120         Section 3. This act shall take effect July 1, 2022.