Florida Senate - 2022                                     SB 854
       
       
                                                                       
       By Senator Passidomo
       
       
       
       
       
       28-01067-22                                            2022854__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         16.71, 16.712, 16.713, 16.715, 20.165, 550.002,
    4         550.0115, 550.01215, 550.0235, 550.0251, 550.0351,
    5         550.054, 550.0555, 550.0651, 550.0951, 550.09511,
    6         550.09512, 550.09514, 550.09515, 550.105, 550.1155,
    7         550.125, 550.155, 550.175, 550.1815, 550.24055,
    8         550.2415, 550.2614, 550.26165, 550.2625, 550.26352,
    9         550.2704, 550.334, 550.3345, 550.3355, 550.3551,
   10         550.3615, 550.375, 550.495, 550.505, 550.5251,
   11         550.625, 550.6305, 550.6308, 550.70, 550.902, 551.102,
   12         551.103, 551.104, 551.1045, 551.105, 551.106, 551.107,
   13         551.108, 551.109, 551.112, 551.114, 551.117, 551.118,
   14         551.121, 551.122, 551.123, 565.02, 817.37, and
   15         849.086, F.S., to conform to the directive of the
   16         Legislature to the Division of Law Revision in s. 13,
   17         ch. 2021-269, Laws of Florida, to replace references
   18         to the Division of Pari-mutuel Wagering and references
   19         to the Department of Business and Professional
   20         Regulation relating to gaming with references to the
   21         Florida Gaming Control Commission to conform the
   22         Florida Statutes to the transfer of duties in s. 11,
   23         ch. 2021-269; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (b) of subsection (3) of section
   28  16.71, Florida Statutes, is amended to read:
   29         16.71 Florida Gaming Control Commission; creation;
   30  meetings; membership.—
   31         (3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.—
   32         (b) The Governor may not solicit or request any
   33  nominations, recommendations, or communications about potential
   34  candidates for appointment to the commission from:
   35         1. Any person that holds a permit or license issued under
   36  chapter 550, or a license issued under chapter 551 or chapter
   37  849; an officer, official, or employee of such permitholder or
   38  licensee; or an ultimate equitable owner, as defined in s.
   39  550.002(36) 550.002(37), of such permitholder or licensee;
   40         2. Any officer, official, employee, or other person with
   41  duties or responsibilities relating to a gaming operation owned
   42  by an Indian tribe that has a valid and active compact with the
   43  state; a contractor or subcontractor of such tribe or an entity
   44  employed, licensed, or contracted by such tribe; or an ultimate
   45  equitable owner, as defined in s. 550.002(36) 550.002(37), of
   46  such entity; or
   47         3. Any registered lobbyist for the executive or legislative
   48  branch who represents any person or entity identified in
   49  subparagraph 1. or subparagraph 2.
   50         Section 2. Paragraphs (f), (g), and (h) of subsection (1)
   51  of section 16.712, Florida Statutes, are amended to read:
   52         16.712 Florida Gaming Control Commission authorizations,
   53  duties, and responsibilities.—
   54         (1) The commission shall do all of the following:
   55         (f) Review any matter within the scope of the jurisdiction
   56  of the commission Division of Pari-mutuel Wagering.
   57         (g) Review the regulation of licensees, permitholders, or
   58  persons regulated by the commission Division of Pari-mutuel
   59  Wagering and the procedures used by the commission division to
   60  implement and enforce the law.
   61         (h) Review the procedures of the commission Division of
   62  Pari-mutuel Wagering which are used to qualify applicants
   63  applying for a license, permit, or registration.
   64         Section 3. Paragraphs (a) and (b) of subsection (2) of
   65  section 16.713, Florida Statutes, are amended to read:
   66         16.713 Florida Gaming Control Commission; appointment and
   67  employment restrictions.—
   68         (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
   69  INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
   70  COMMISSION.—
   71         (a) A person may not, for the 2 years immediately preceding
   72  the date of appointment to or employment with the commission and
   73  while appointed to or employed with the commission:
   74         1. Hold a permit or license issued under chapter 550 or a
   75  license issued under chapter 551 or chapter 849; be an officer,
   76  official, or employee of such permitholder or licensee; or be an
   77  ultimate equitable owner, as defined in s. 550.002(36)
   78  550.002(37), of such permitholder or licensee;
   79         2. Be an officer, official, employee, or other person with
   80  duties or responsibilities relating to a gaming operation owned
   81  by an Indian tribe that has a valid and active compact with the
   82  state; be a contractor or subcontractor of such tribe or an
   83  entity employed, licensed, or contracted by such tribe; or be an
   84  ultimate equitable owner, as defined in s. 550.002(36)
   85  550.002(37), of such entity;
   86         3. Be a registered lobbyist for the executive or
   87  legislative branch, except while a commissioner or employee of
   88  the commission when officially representing the commission; or
   89         4. Be a bingo game operator or an employee of a bingo game
   90  operator.
   91         (b) A person is ineligible for appointment to or employment
   92  with the commission if, within the 2 years immediately preceding
   93  such appointment or employment, he or she violated paragraph (a)
   94  or solicited or accepted employment with, acquired any direct or
   95  indirect interest in, or had any direct or indirect business
   96  association, partnership, or financial relationship with, or is
   97  a relative of:
   98         1. Any person or entity who is an applicant, licensee, or
   99  registrant with the Division of Pari-mutuel Wagering or the
  100  commission; or
  101         2. Any officer, official, employee, or other person with
  102  duties or responsibilities relating to a gaming operation owned
  103  by an Indian tribe that has a valid and active compact with the
  104  state; any contractor or subcontractor of such tribe or an
  105  entity employed, licensed, or contracted by such tribe; or any
  106  ultimate equitable owner, as defined in s. 550.002(36)
  107  550.002(37), of such entity.
  108  
  109  For the purposes of this subsection, the term “relative” means a
  110  spouse, father, mother, son, daughter, grandfather, grandmother,
  111  brother, sister, uncle, aunt, cousin, nephew, niece, father-in
  112  law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
  113  sister-in-law, stepfather, stepmother, stepson, stepdaughter,
  114  stepbrother, stepsister, half-brother, or half-sister.
  115         Section 4. Paragraphs (b) and (c) of subsection (2) of
  116  section 16.715, Florida Statutes, are amended to read:
  117         16.715 Florida Gaming Control Commission standards of
  118  conduct; ex parte communications.—
  119         (2) FORMER COMMISSIONERS AND EMPLOYEES.—
  120         (b) A commissioner may not, for the 2 years immediately
  121  following the date of resignation or termination from the
  122  commission:
  123         1. Hold a permit or license issued under chapter 550, or a
  124  license issued under chapter 551 or chapter 849; be an officer,
  125  official, or employee of such permitholder or licensee; or be an
  126  ultimate equitable owner, as defined in s. 550.002(36)
  127  550.002(37), of such permitholder or licensee;
  128         2. Accept employment by or compensation from a business
  129  entity that, directly or indirectly, owns or controls a person
  130  regulated by the commission; from a person regulated by the
  131  commission; from a business entity which, directly or
  132  indirectly, is an affiliate or subsidiary of a person regulated
  133  by the commission; or from a business entity or trade
  134  association that has been a party to a commission proceeding
  135  within the 2 years preceding the member’s resignation or
  136  termination of service on the commission; or
  137         3. Be a bingo game operator or an employee of a bingo game
  138  operator.
  139         (c) A person employed by the commission may not, for the 2
  140  years immediately following the date of termination or
  141  resignation from employment with the commission:
  142         1. Hold a permit or license issued under chapter 550, or a
  143  license issued under chapter 551 or chapter 849; be an officer,
  144  official, or employee of such permitholder or licensee; or be an
  145  ultimate equitable owner, as defined in s. 550.002(36)
  146  550.002(37), of such permitholder or licensee; or
  147         2. Be a bingo game operator or an employee of a bingo game
  148  operator.
  149         Section 5. Paragraph (g) of subsection (2) of section
  150  20.165, Florida Statutes, is amended to read:
  151         20.165 Department of Business and Professional Regulation.
  152  There is created a Department of Business and Professional
  153  Regulation.
  154         (2) The following divisions of the Department of Business
  155  and Professional Regulation are established:
  156         (g) Division of Pari-mutuel Wagering.
  157         Section 6. Subsections (8) through (10) and (12) through
  158  (39) of section 550.002, Florida Statutes, are redesignated as
  159  subsections (7) through (9) and subsections (11) through (38),
  160  respectively, present subsections (4), (5), (6), (7), and (11)
  161  of that section are amended, and a new subsection (4) is added
  162  to that section, to read:
  163         550.002 Definitions.—As used in this chapter, the term:
  164         (4)“Commission” means the Florida Gaming Control
  165  Commission.
  166         (5)(4) “Contributor” means a person who contributes to a
  167  pari-mutuel pool by engaging in any pari-mutuel wager pursuant
  168  to this chapter.
  169         (6)(5) “Current meet” or “current race meet” means the
  170  conduct of racing or games pursuant to a current year’s
  171  operating license issued by the commission division.
  172         (6)“Department” means the Department of Business and
  173  Professional Regulation.
  174         (7)Division” means the Division of Pari-mutuel Wagering
  175  within the Department of Business and Professional Regulation.
  176         (10)(11) “Full schedule of live racing or games” means, for
  177  a jai alai permitholder, the conduct of a combination of at
  178  least 100 live evening or matinee performances during the
  179  preceding year; for a permitholder who has a converted permit or
  180  filed an application on or before June 1, 1990, for a converted
  181  permit, the conduct of a combination of at least 100 live
  182  evening and matinee wagering performances during either of the 2
  183  preceding years; for a jai alai permitholder who does not
  184  operate slot machines in its pari-mutuel facility, who has
  185  conducted at least 100 live performances per year for at least
  186  10 years after December 31, 1992, and whose handle on live jai
  187  alai games conducted at its pari-mutuel facility has been less
  188  than $4 million per state fiscal year for at least 2 consecutive
  189  years after June 30, 1992, the conduct of a combination of at
  190  least 40 live evening or matinee performances during the
  191  preceding year; for a jai alai permitholder who operates slot
  192  machines in its pari-mutuel facility, the conduct of a
  193  combination of at least 150 performances during the preceding
  194  year; for a harness permitholder, the conduct of at least 100
  195  live regular wagering performances during the preceding year;
  196  for a quarter horse permitholder at its facility unless an
  197  alternative schedule of at least 20 live regular wagering
  198  performances is agreed upon by the permitholder and either the
  199  Florida Quarter Horse Racing Association or the horsemen’s
  200  association representing the majority of the quarter horse
  201  owners and trainers at the facility and filed with the
  202  commission division along with its annual date application, in
  203  the 2010-2011 fiscal year, the conduct of at least 20 regular
  204  wagering performances, in the 2011-2012 and 2012-2013 fiscal
  205  years, the conduct of at least 30 live regular wagering
  206  performances, and for every fiscal year after the 2012-2013
  207  fiscal year, the conduct of at least 40 live regular wagering
  208  performances; for a quarter horse permitholder leasing another
  209  licensed racetrack, the conduct of 160 events at the leased
  210  facility; and for a thoroughbred permitholder, the conduct of at
  211  least 40 live regular wagering performances during the preceding
  212  year. For a permitholder which is restricted by statute to
  213  certain operating periods within the year when other members of
  214  its same class of permit are authorized to operate throughout
  215  the year, the specified number of live performances which
  216  constitute a full schedule of live racing or games shall be
  217  adjusted pro rata in accordance with the relationship between
  218  its authorized operating period and the full calendar year and
  219  the resulting specified number of live performances shall
  220  constitute the full schedule of live games for such permitholder
  221  and all other permitholders of the same class within 100 air
  222  miles of such permitholder. A live performance must consist of
  223  no fewer than eight races or games conducted live for each of a
  224  minimum of three performances each week at the permitholder’s
  225  licensed facility under a single admission charge.
  226         Section 7. Section 550.0115, Florida Statutes, is amended
  227  to read:
  228         550.0115 Permitholder operating license.—After a permit has
  229  been issued by the commission division, and after the permit has
  230  been approved by election, the commission division shall issue
  231  to the permitholder an annual operating license to conduct pari
  232  mutuel wagering at the location specified in the permit pursuant
  233  to the provisions of this chapter.
  234         Section 8. Section 550.01215, Florida Statutes, is amended
  235  to read:
  236         550.01215 License application; periods of operation;
  237  license fees; bond.—
  238         (1) Each permitholder shall annually, during the period
  239  between December 15 and January 4, file in writing with the
  240  commission division its application for an operating license for
  241  a pari-mutuel facility for the conduct of pari-mutuel wagering
  242  during the next state fiscal year, including intertrack and
  243  simulcast race wagering. Each application for live performances
  244  must specify the number, dates, and starting times of all live
  245  performances that the permitholder intends to conduct. It must
  246  also specify which performances will be conducted as charity or
  247  scholarship performances.
  248         (a) Each application for an operating license also must
  249  include:
  250         1. For each permitholder, whether the permitholder intends
  251  to accept wagers on intertrack or simulcast events.
  252         2. For each permitholder that elects to operate a cardroom,
  253  the dates and periods of operation the permitholder intends to
  254  operate the cardroom.
  255         3. For each thoroughbred racing permitholder that elects to
  256  receive or rebroadcast out-of-state races, the dates for all
  257  performances that the permitholder intends to conduct.
  258         (b)1. A greyhound permitholder may not conduct live racing.
  259  A jai alai permitholder, harness horse racing permitholder, or
  260  quarter horse racing permitholder may elect not to conduct live
  261  racing or games. A thoroughbred permitholder must conduct live
  262  racing. A greyhound permitholder, jai alai permitholder, harness
  263  horse racing permitholder, or quarter horse racing permitholder
  264  that does not conduct live racing or games retains its permit;
  265  is a pari-mutuel facility as defined in s. 550.002(22)
  266  550.002(23); if such permitholder has been issued a slot machine
  267  license, the facility where such permit is located remains an
  268  eligible facility as defined in s. 551.102(4), continues to be
  269  eligible for a slot machine license pursuant to s. 551.104(3),
  270  and is exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
  271  eligible, but not required, to be a guest track and, if the
  272  permitholder is a harness horse racing permitholder, to be a
  273  host track for purposes of intertrack wagering and simulcasting
  274  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
  275  remains eligible for a cardroom license.
  276         2. A permitholder or licensee may not conduct live
  277  greyhound racing or dogracing in connection with any wager for
  278  money or any other thing of value in the state. The commission
  279  division may deny, suspend, or revoke any permit or license
  280  under this chapter if a permitholder or licensee conducts live
  281  greyhound racing or dogracing in violation of this subparagraph.
  282  In addition to, or in lieu of, denial, suspension, or revocation
  283  of such permit or license, the commission division may impose a
  284  civil penalty of up to $5,000 against the permitholder or
  285  licensee for a violation of this subparagraph. All penalties
  286  imposed and collected must be deposited with the Chief Financial
  287  Officer to the credit of the General Revenue Fund.
  288         (c) Permitholders may amend their applications through
  289  February 28.
  290         (d) Notwithstanding any other provision of law, other than
  291  a permitholder issued a permit pursuant to s. 550.3345, a pari
  292  mutuel permitholder may not be issued an operating license for
  293  the conduct of pari-mutuel wagering, slot machine gaming, or the
  294  operation of a cardroom if the permitholder did not hold an
  295  operating license for the conduct of pari-mutuel wagering for
  296  fiscal year 2020-2021.
  297         (2) After the first license has been issued to a
  298  permitholder, all subsequent annual applications for a license
  299  shall be accompanied by proof, in such form as the commission
  300  division may by rule require, that the permitholder continues to
  301  possess the qualifications prescribed by this chapter, and that
  302  the permit has not been disapproved at a later election.
  303         (3) The commission division shall issue each license no
  304  later than March 15. Each permitholder shall operate all
  305  performances at the date and time specified on its license. The
  306  commission division shall have the authority to approve minor
  307  changes in racing dates after a license has been issued. The
  308  commission division may approve changes in racing dates after a
  309  license has been issued when there is no objection from any
  310  operating permitholder that is conducting live racing or games
  311  and that is located within 50 miles of the permitholder
  312  requesting the changes in operating dates. In the event of an
  313  objection, the commission division shall approve or disapprove
  314  the change in operating dates based upon the impact on operating
  315  permitholders located within 50 miles of the permitholder
  316  requesting the change in operating dates. In making the
  317  determination to change racing dates, the commission division
  318  shall take into consideration the impact of such changes on
  319  state revenues. Notwithstanding any other provision of law, and
  320  for the 2021-2022 state fiscal year only, the division may
  321  approve changes in operating dates for a jai alai permitholder,
  322  harness horse racing permitholder, or quarter horse racing
  323  permitholder if the request for such changes is received before
  324  October 1, 2021.
  325         (4) In the event that a permitholder fails to operate all
  326  performances specified on its license at the date and time
  327  specified, the commission division shall hold a hearing to
  328  determine whether to fine or suspend the permitholder’s license,
  329  unless such failure was the direct result of fire, strike, war,
  330  hurricane, pandemic, or other disaster or event beyond the
  331  ability of the permitholder to control. Financial hardship to
  332  the permitholder shall not, in and of itself, constitute just
  333  cause for failure to operate all performances on the dates and
  334  at the times specified.
  335         (5) In the event that performances licensed to be operated
  336  by a permitholder are vacated, abandoned, or will not be used
  337  for any reason, any permitholder shall be entitled, pursuant to
  338  rules adopted by the commission division, to apply to conduct
  339  performances on the dates for which the performances have been
  340  abandoned. The commission division shall issue an amended
  341  license for all such replacement performances which have been
  342  requested in compliance with this chapter and commission
  343  division rules.
  344         Section 9. Section 550.0235, Florida Statutes, is amended
  345  to read:
  346         550.0235 Limitation of civil liability.—No permitholder
  347  licensed to conduct pari-mutuel wagering pursuant to the
  348  provisions of this chapter; no commissioner division director or
  349  employee of the commission division; and no steward, judge, or
  350  other person appointed to act pursuant to this chapter shall be
  351  held liable to any person, partnership, association,
  352  corporation, or other business entity for any cause whatsoever
  353  arising out of, or from, the performance by such permittee,
  354  director, employee, steward, judge, or other person of her or
  355  his duties and the exercise of her or his discretion with
  356  respect to the implementation and enforcement of the statutes
  357  and rules governing the conduct of pari-mutuel wagering, so long
  358  as she or he acted in good faith. This section shall not limit
  359  liability in any situation in which the negligent maintenance of
  360  the premises or the negligent conduct of a race contributed to
  361  an accident; nor shall it limit any contractual liability.
  362         Section 10. Section 550.0251, Florida Statutes, is amended
  363  to read:
  364         550.0251 The powers and duties of the Florida Gaming
  365  Control Commission Division of Pari-mutuel Wagering of the
  366  Department of Business and Professional Regulation.—The
  367  commission division shall administer this chapter and regulate
  368  the pari-mutuel industry under this chapter and the rules
  369  adopted pursuant thereto, and:
  370         (1) The commission division shall make an annual report to
  371  the Governor showing its own actions, receipts derived under the
  372  provisions of this chapter, the practical effects of the
  373  application of this chapter, and any suggestions it may approve
  374  for the more effectual accomplishments of the purposes of this
  375  chapter.
  376         (2) The commission division shall require an oath on
  377  application documents as required by rule, which oath must state
  378  that the information contained in the document is true and
  379  complete.
  380         (3) The commission division shall adopt reasonable rules
  381  for the control, supervision, and direction of all applicants,
  382  permittees, and licensees and for the holding, conducting, and
  383  operating of all racetracks, race meets, and races held in this
  384  state. Such rules must be uniform in their application and
  385  effect, and the duty of exercising this control and power is
  386  made mandatory upon the commission division.
  387         (4) The commission division may take testimony concerning
  388  any matter within its jurisdiction and issue summons and
  389  subpoenas for any witness and subpoenas duces tecum in
  390  connection with any matter within the jurisdiction of the
  391  commission division under its seal and signed by the director.
  392         (5) The commission division may adopt rules establishing
  393  procedures for testing occupational licenseholders officiating
  394  at or participating in any race or game at any pari-mutuel
  395  facility under the jurisdiction of the commission division for a
  396  controlled substance or alcohol and may prescribe procedural
  397  matters not in conflict with s. 120.80(4)(a).
  398         (6) In addition to the power to exclude certain persons
  399  from any pari-mutuel facility in this state, the commission
  400  division may exclude any person from any and all pari-mutuel
  401  facilities in this state for conduct that would constitute, if
  402  the person were a licensee, a violation of this chapter or the
  403  rules of the commission division. The commission division may
  404  exclude from any pari-mutuel facility within this state any
  405  person who has been ejected from a pari-mutuel facility in this
  406  state or who has been excluded from any pari-mutuel facility in
  407  another state by the governmental department, agency,
  408  commission, or authority exercising regulatory jurisdiction over
  409  pari-mutuel facilities in such other state. The commission
  410  division may authorize any person who has been ejected or
  411  excluded from pari-mutuel facilities in this state or another
  412  state to attend the pari-mutuel facilities in this state upon a
  413  finding that the attendance of such person at pari-mutuel
  414  facilities would not be adverse to the public interest or to the
  415  integrity of the sport or industry; however, this subsection
  416  shall not be construed to abrogate the common-law right of a
  417  pari-mutuel permitholder to exclude absolutely a patron in this
  418  state.
  419         (7) The commission division may oversee the making of, and
  420  distribution from, all pari-mutuel pools.
  421         (8) The commission department may collect taxes and require
  422  compliance with reporting requirements for financial information
  423  as authorized by this chapter. In addition, the commission
  424  secretary of the department may require permitholders conducting
  425  pari-mutuel operations within the state to remit taxes,
  426  including fees, by electronic funds transfer if the taxes and
  427  fees amounted to $50,000 or more in the prior reporting year.
  428         (9) The commission division may conduct investigations in
  429  enforcing this chapter, except that all information obtained
  430  pursuant to an investigation by the commission division for an
  431  alleged violation of this chapter or rules of the commission
  432  division is exempt from s. 119.07(1) and from s. 24(a), Art. I
  433  of the State Constitution until an administrative complaint is
  434  issued or the investigation is closed or ceases to be active.
  435  This subsection does not prohibit the commission division from
  436  providing such information to any law enforcement agency or to
  437  any other regulatory agency. For the purposes of this
  438  subsection, an investigation is considered to be active while it
  439  is being conducted with reasonable dispatch and with a
  440  reasonable, good faith belief that it could lead to an
  441  administrative, civil, or criminal action by the commission
  442  division or another administrative or law enforcement agency.
  443  Except for active criminal intelligence or criminal
  444  investigative information, as defined in s. 119.011, and any
  445  other information that, if disclosed, would jeopardize the
  446  safety of an individual, all information, records, and
  447  transcriptions become public when the investigation is closed or
  448  ceases to be active.
  449         (10) The commission division may impose an administrative
  450  fine for a violation under this chapter of not more than $1,000
  451  for each count or separate offense, except as otherwise provided
  452  in this chapter, and may suspend or revoke a permit, a pari
  453  mutuel license, or an occupational license for a violation under
  454  this chapter. All fines imposed and collected under this
  455  subsection must be deposited with the Chief Financial Officer to
  456  the credit of the General Revenue Fund.
  457         (11) The commission division shall supervise and regulate
  458  the welfare of racing animals at pari-mutuel facilities.
  459         (12) The commission division shall have full authority and
  460  power to make, adopt, amend, or repeal rules relating to
  461  cardroom operations, to enforce and to carry out the provisions
  462  of s. 849.086, and to regulate the authorized cardroom
  463  activities in the state.
  464         (13) The commission division shall have the authority to
  465  suspend a permitholder’s permit or license, if such permitholder
  466  is operating a cardroom facility and such permitholder’s
  467  cardroom license has been suspended or revoked pursuant to s.
  468  849.086.
  469         Section 11. Subsections (1), (2), and (4), paragraphs (a)
  470  and (c) of subsection (6), and subsection (7) of section
  471  550.0351, Florida Statutes, are amended to read:
  472         550.0351 Charity racing days.—
  473         (1) The commission division shall, upon the request of a
  474  permitholder, authorize each horseracing permitholder and jai
  475  alai permitholder up to five charity or scholarship days in
  476  addition to the regular racing days authorized by law.
  477         (2) The proceeds of charity performances shall be paid to
  478  qualified beneficiaries selected by the permitholders from an
  479  authorized list of charities on file with the commission
  480  division. Eligible charities include any charity that provides
  481  evidence of compliance with the provisions of chapter 496 and
  482  evidence of possession of a valid exemption from federal
  483  taxation issued by the Internal Revenue Service. In addition,
  484  the authorized list must include the Racing Scholarship Trust
  485  Fund, the Historical Resources Operating Trust Fund, major state
  486  and private institutions of higher learning, and Florida
  487  community colleges.
  488         (4) The total of all profits derived from the conduct of a
  489  charity day performance must include all revenues derived from
  490  the conduct of that racing performance, including all state
  491  taxes that would otherwise be due to the state, except that the
  492  daily license fee as provided in s. 550.0951(1) and the breaks
  493  for the promotional trust funds as provided in s. 550.2625(3),
  494  (4), (5), (7), and (8) shall be paid to the commission division.
  495  All other revenues from the charity racing performance,
  496  including the commissions, breaks, and admissions and the
  497  revenues from parking, programs, and concessions, shall be
  498  included in the total of all profits.
  499         (6)(a) The commission division shall authorize one
  500  additional scholarship day for horseracing in addition to the
  501  regular racing days authorized by law and any additional days
  502  authorized by this section, to be conducted at all horse
  503  racetracks located in Hillsborough County. The permitholder
  504  shall conduct a full schedule of racing on the scholarship day.
  505         (c) When a charity or scholarship performance is conducted
  506  as a matinee performance, the commission division may authorize
  507  the permitholder to conduct the evening performances of that
  508  operation day as a regular performance in addition to the
  509  regular operating days authorized by law.
  510         (7) In addition to the eligible charities that meet the
  511  criteria set forth in this section, a jai alai permitholder is
  512  authorized to conduct two additional charity performances each
  513  fiscal year for a fund to benefit retired jai alai players. This
  514  performance shall be known as the “Retired Jai Alai Players
  515  Charity Day.” The administration of this fund shall be
  516  determined by rule by the commission division.
  517         Section 12. Subsections (1), (2), (3), (4), (5), (6), and
  518  (7), paragraphs (a), (b), (c), and (e) of subsection (8),
  519  subsections (9), (10), (11), and (12), paragraph (a) of
  520  subsection (13), subsection (14), and paragraph (c) of
  521  subsection (15) of section 550.054, Florida Statutes, are
  522  amended to read:
  523         550.054 Application for permit to conduct pari-mutuel
  524  wagering.—
  525         (1) Any person who possesses the qualifications prescribed
  526  in this chapter may apply to the commission division for a
  527  permit to conduct pari-mutuel operations under this chapter.
  528  Applications for a pari-mutuel permit are exempt from the 90-day
  529  licensing requirement of s. 120.60. Within 120 days after
  530  receipt of a complete application, the commission division shall
  531  grant or deny the permit. A completed application that is not
  532  acted upon within 120 days after receipt is deemed approved, and
  533  the commission division shall grant the permit.
  534         (2) Upon each application filed and approved, a permit
  535  shall be issued to the applicant setting forth the name of the
  536  permitholder, the location of the pari-mutuel facility, the type
  537  of pari-mutuel activity desired to be conducted, and a statement
  538  showing qualifications of the applicant to conduct pari-mutuel
  539  performances under this chapter; however, a permit is
  540  ineffectual to authorize any pari-mutuel performances until
  541  approved by a majority of the electors participating in a
  542  ratification election in the county in which the applicant
  543  proposes to conduct pari-mutuel wagering activities. In
  544  addition, an application may not be considered, nor may a permit
  545  be issued by the commission division or be voted upon in any
  546  county, to conduct horseraces, harness horse races, or pari
  547  mutuel wagering at a location within 100 miles of an existing
  548  pari-mutuel facility, or for jai alai within 50 miles of an
  549  existing pari-mutuel facility; this distance shall be measured
  550  on a straight line from the nearest property line of one pari
  551  mutuel facility to the nearest property line of the other
  552  facility.
  553         (3) The commission division shall require that each
  554  applicant submit an application setting forth:
  555         (a) The full name of the applicant.
  556         (b) If a corporation, the name of the state in which
  557  incorporated and the names and addresses of the officers,
  558  directors, and shareholders holding 5 percent or more equity or,
  559  if a business entity other than a corporation, the names and
  560  addresses of the principals, partners, or shareholders holding 5
  561  percent or more equity.
  562         (c) The names and addresses of the ultimate equitable
  563  owners for a corporation or other business entity, if different
  564  from those provided under paragraph (b), unless the securities
  565  of the corporation or entity are registered pursuant to s. 12 of
  566  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
  567  if such corporation or entity files with the United States
  568  Securities and Exchange Commission the reports required by s. 13
  569  of that act or if the securities of the corporation or entity
  570  are regularly traded on an established securities market in the
  571  United States.
  572         (d) The exact location where the applicant will conduct
  573  pari-mutuel performances.
  574         (e) Whether the pari-mutuel facility is owned or leased
  575  and, if leased, the name and residence of the fee owner or, if a
  576  corporation, the names and addresses of the directors and
  577  stockholders thereof. However, this chapter does not prevent a
  578  person from applying to the commission division for a permit to
  579  conduct pari-mutuel operations, regardless of whether the pari
  580  mutuel facility has been constructed or not, and having an
  581  election held in any county at the same time that elections are
  582  held for the ratification of any permit in that county.
  583         (f) A statement of the assets and liabilities of the
  584  applicant.
  585         (g) The names and addresses of any mortgagee of any pari
  586  mutuel facility and any financial agreement between the parties.
  587  The commission division may require the names and addresses of
  588  the officers and directors of the mortgagee, and of those
  589  stockholders who hold more than 10 percent of the stock of the
  590  mortgagee.
  591         (h) A business plan for the first year of operation.
  592         (i) For each individual listed in the application as an
  593  owner, partner, officer, or director, a complete set of
  594  fingerprints that has been taken by an authorized law
  595  enforcement officer. These sets of fingerprints must be
  596  submitted to the Federal Bureau of Investigation for processing.
  597  Applicants who are foreign nationals shall submit such documents
  598  as necessary to allow the commission division to conduct
  599  criminal history records checks in the applicant’s home country.
  600  The applicant must pay the cost of processing. The commission
  601  division may charge a $2 handling fee for each set of
  602  fingerprint records.
  603         (j) The type of pari-mutuel activity to be conducted and
  604  the desired period of operation.
  605         (k) Other information the commission division requires.
  606         (4) The commission division shall require each applicant to
  607  deposit with the board of county commissioners of the county in
  608  which the election is to be held, a sufficient sum, in currency
  609  or by check certified by a bank licensed to do business in the
  610  state to pay the expenses of holding the election provided in s.
  611  550.0651.
  612         (5) Upon receiving an application and any amendments
  613  properly made thereto, the commission division shall further
  614  investigate the matters contained in the application. If the
  615  applicant meets all requirements, conditions, and qualifications
  616  set forth in this chapter and the rules of the commission
  617  division, the commission division shall grant the permit.
  618         (6) After initial approval of the permit and the source of
  619  financing, the terms and parties of any subsequent refinancing
  620  must be disclosed by the applicant or the permitholder to the
  621  commission division.
  622         (7) If the commission division refuses to grant the permit,
  623  the money deposited with the board of county commissioners for
  624  holding the election must be refunded to the applicant. If the
  625  commission division grants the permit applied for, the board of
  626  county commissioners shall order an election in the county to
  627  decide whether the permit will be approved, as provided in s.
  628  550.0651.
  629         (8)(a) The commission division may charge the applicant for
  630  reasonable, anticipated costs incurred by the commission
  631  division in determining the eligibility of any person or entity
  632  specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
  633  against such person or entity.
  634         (b) The commission division may, by rule, determine the
  635  manner of paying its anticipated costs associated with
  636  determination of eligibility and the procedure for filing
  637  applications for determination of eligibility.
  638         (c) The commission division shall furnish to the applicant
  639  an itemized statement of actual costs incurred during the
  640  investigation to determine eligibility.
  641         (e) If the actual costs of investigation exceed anticipated
  642  costs, the commission division shall assess the applicant the
  643  amount necessary to recover all actual costs.
  644         (9)(a) After a permit has been granted by the commission
  645  division and has been ratified and approved by the majority of
  646  the electors participating in the election in the county
  647  designated in the permit, the commission division shall grant to
  648  the lawful permitholder, subject to the conditions of this
  649  chapter, a license to conduct pari-mutuel operations under this
  650  chapter, and, except as provided in s. 550.5251, the commission
  651  division shall fix annually the time, place, and number of days
  652  during which pari-mutuel operations may be conducted by the
  653  permitholder at the location fixed in the permit and ratified in
  654  the election. After the first license has been issued to the
  655  holder of a ratified permit for racing in any county, all
  656  subsequent annual applications for a license by that
  657  permitholder must be accompanied by proof, in such form as the
  658  commission division requires, that the ratified permitholder
  659  still possesses all the qualifications prescribed by this
  660  chapter and that the permit has not been recalled at a later
  661  election held in the county.
  662         (b) The commission division may revoke or suspend any
  663  permit or license issued under this chapter upon the willful
  664  violation by the permitholder or licensee of any provision of
  665  this chapter or of any rule adopted under this chapter. In lieu
  666  of suspending or revoking a permit or license, the commission
  667  division may impose a civil penalty against the permitholder or
  668  licensee for a violation of this chapter or any rule adopted by
  669  the commission division. The penalty so imposed may not exceed
  670  $1,000 for each count or separate offense. All penalties imposed
  671  and collected must be deposited with the Chief Financial Officer
  672  to the credit of the General Revenue Fund.
  673         (c) The commission division shall revoke the permit of any
  674  permitholder, other than a permitholder issued a permit pursuant
  675  to s. 550.3345, who did not hold an operating license for the
  676  conduct of pari-mutuel wagering for fiscal year 2020-2021. A
  677  permit revoked under this paragraph is void and may not be
  678  reissued.
  679         (10) If a permitholder has failed to complete construction
  680  of at least 50 percent of the facilities necessary to conduct
  681  pari-mutuel operations within 12 months after approval by the
  682  voters of the permit, the commission division shall revoke the
  683  permit upon adequate notice to the permitholder. However, the
  684  commission division, upon good cause shown by the permitholder,
  685  may grant one extension of up to 12 months.
  686         (11)(a) A permit granted under this chapter may not be
  687  transferred or assigned except upon written approval by the
  688  commission division pursuant to s. 550.1815, except that the
  689  holder of any permit that has been converted to a jai alai
  690  permit may lease or build anywhere within the county in which
  691  its permit is located.
  692         (b) If a permit to conduct pari-mutuel wagering is held by
  693  a corporation or business entity other than an individual, the
  694  transfer of 10 percent or more of the stock or other evidence of
  695  ownership or equity in the permitholder may not be made without
  696  the prior approval of the transferee by the commission division
  697  pursuant to s. 550.1815.
  698         (12) Changes in ownership or interest of a pari-mutuel
  699  permit of 5 percent or more of the stock or other evidence of
  700  ownership or equity in the permitholder shall be approved by the
  701  commission division prior to such change, unless the owner is an
  702  existing owner of that permit who was previously approved by the
  703  commission division. Changes in ownership or interest of a pari
  704  mutuel permit of less than 5 percent shall be reported to the
  705  commission division within 20 days of the change. The commission
  706  division may then conduct an investigation to ensure that the
  707  permit is properly updated to show the change in ownership or
  708  interest.
  709         (13)(a) Notwithstanding any provisions of this chapter, no
  710  thoroughbred horse racing permit or license issued under this
  711  chapter shall be transferred, or reissued when such reissuance
  712  is in the nature of a transfer so as to permit or authorize a
  713  licensee to change the location of a thoroughbred horse
  714  racetrack except upon proof in such form as the commission
  715  division may prescribe that a referendum election has been held:
  716         1. If the proposed new location is within the same county
  717  as the already licensed location, in the county where the
  718  licensee desires to conduct the race meeting and that a majority
  719  of the electors voting on that question in such election voted
  720  in favor of the transfer of such license.
  721         2. If the proposed new location is not within the same
  722  county as the already licensed location, in the county where the
  723  licensee desires to conduct the race meeting and in the county
  724  where the licensee is already licensed to conduct the race
  725  meeting and that a majority of the electors voting on that
  726  question in each such election voted in favor of the transfer of
  727  such license.
  728         (14)(a) Any holder of a permit to conduct jai alai may
  729  apply to the commission division to convert such permit to a
  730  permit to conduct greyhound racing in lieu of jai alai if:
  731         1. Such permit is located in a county in which the
  732  commission division has issued only two pari-mutuel permits
  733  pursuant to this section;
  734         2. Such permit was not previously converted from any other
  735  class of permit; and
  736         3. The holder of the permit has not conducted jai alai
  737  games during a period of 10 years immediately preceding his or
  738  her application for conversion under this subsection.
  739         (b) The commission division, upon application from the
  740  holder of a jai alai permit meeting all conditions of this
  741  section, shall convert the permit and shall issue to the
  742  permitholder a permit to conduct greyhound racing. A
  743  permitholder of a permit converted under this section shall be
  744  required to apply for and conduct a full schedule of live racing
  745  each fiscal year to be eligible for any tax credit provided by
  746  this chapter. The holder of a permit converted pursuant to this
  747  subsection or any holder of a permit to conduct greyhound racing
  748  located in a county in which it is the only permit issued
  749  pursuant to this section who operates at a leased facility
  750  pursuant to s. 550.475 may move the location for which the
  751  permit has been issued to another location within a 30-mile
  752  radius of the location fixed in the permit issued in that
  753  county, provided the move does not cross the county boundary and
  754  such location is approved under the zoning regulations of the
  755  county or municipality in which the permit is located, and upon
  756  such relocation may use the permit for the conduct of pari
  757  mutuel wagering and the operation of a cardroom. The provisions
  758  of s. 550.6305(9)(d) and (f) shall apply to any permit converted
  759  under this subsection and shall continue to apply to any permit
  760  which was previously included under and subject to such
  761  provisions before a conversion pursuant to this section
  762  occurred.
  763         (15)
  764         (c) Additional permits for the conduct of pari-mutuel
  765  wagering may not be approved or issued by the commission or
  766  former Division of Pari-mutuel Wagering division after January
  767  1, 2021; and
  768         Section 13. Subsection (2) of section 550.0555, Florida
  769  Statutes, is amended to read:
  770         550.0555 Greyhound dogracing permits; relocation within a
  771  county; conditions.—
  772         (2) Any holder of a valid outstanding permit for greyhound
  773  dogracing in a county in which there is only one dogracing
  774  permit issued, as well as any holder of a valid outstanding
  775  permit for jai alai in a county where only one jai alai permit
  776  is issued, is authorized, without the necessity of an additional
  777  county referendum required under s. 550.0651, to move the
  778  location for which the permit has been issued to another
  779  location within a 30-mile radius of the location fixed in the
  780  permit issued in that county, provided the move does not cross
  781  the county boundary, that such relocation is approved under the
  782  zoning regulations of the county or municipality in which the
  783  permit is to be located as a planned development use, consistent
  784  with the comprehensive plan, and that such move is approved by
  785  the commission department after it is determined at a proceeding
  786  pursuant to chapter 120 in the county affected that the move is
  787  necessary to ensure the revenue-producing capability of the
  788  permittee without deteriorating the revenue-producing capability
  789  of any other pari-mutuel permittee within 50 miles; the distance
  790  shall be measured on a straight line from the nearest property
  791  line of one racing plant or jai alai fronton to the nearest
  792  property line of the other.
  793         Section 14. Subsections (1), (3), and (5) of section
  794  550.0651, Florida Statutes, are amended to read:
  795         550.0651 Elections for ratification of permits; municipal
  796  prohibitions.—
  797         (1) The holder of any permit may have submitted to the
  798  electors of the county designated therein the question whether
  799  or not such permit will be ratified or rejected. Such questions
  800  shall be submitted to the electors for approval or rejection at
  801  a special election to be called for that purpose only. The board
  802  of county commissioners of the county designated, upon the
  803  presentation to such board at a regular or special meeting of a
  804  written application, accompanied by a certified copy of the
  805  permit granted by the commission division, and asking for an
  806  election in the county in which the application was made, shall
  807  order a special election in the county for the particular
  808  purpose of deciding whether such permit shall be approved and
  809  license issued and race meetings permitted in such county by
  810  such permittee and shall cause the clerk of such board to give
  811  notice of the special election by publishing the same once each
  812  week for 2 consecutive weeks in one or more newspapers of
  813  general circulation in the county. Each permit covering each
  814  track must be voted upon separately and in separate elections,
  815  and an election may not be called more often than once every 2
  816  years for the ratification of any permit covering the same
  817  track.
  818         (3) When a permit has been granted by the commission
  819  division and no application to the board of county commissioners
  820  has been made by the permittee within 6 months after the
  821  granting of the permit, the permit becomes void. The commission
  822  division shall cancel the permit without notice to the
  823  permitholder, and the board of county commissioners holding the
  824  deposit for the election shall refund the deposit to the
  825  permitholder upon being notified by the commission division that
  826  the permit has become void and has been canceled.
  827         (5) If at any such special election the majority of the
  828  electors voting on the question of ratification or rejection of
  829  any permit vote against such ratification, such permit is void.
  830  If a majority of the electors voting on the question of
  831  ratification or rejection of any permit vote for such
  832  ratification, such permit becomes effectual and the holder
  833  thereof may conduct racing upon complying with the other
  834  provisions of this chapter. The board of county commissioners
  835  shall immediately certify the results of the election to the
  836  commission division.
  837         Section 15. Subsection (1), paragraph (c) of subsection
  838  (2), paragraph (c) of subsection (3), and subsections (5) and
  839  (6) of section 550.0951, Florida Statutes, are amended to read:
  840         550.0951 Payment of daily license fee and taxes;
  841  penalties.—
  842         (1) DAILY LICENSE FEE.—
  843         (a) Each person engaged in the business of conducting race
  844  meetings or jai alai games under this chapter, hereinafter
  845  referred to as the “permitholder,” “licensee,” or “permittee,”
  846  shall pay to the commission division, for the use of the
  847  commission division, a daily license fee on each live or
  848  simulcast pari-mutuel event of $100 for each horserace and $80
  849  for each dograce and $40 for each jai alai game conducted at a
  850  racetrack or fronton licensed under this chapter. In addition to
  851  the tax exemption specified in s. 550.09514(1) of $360,000 or
  852  $500,000 per greyhound permitholder per state fiscal year, each
  853  greyhound permitholder shall receive in the current state fiscal
  854  year a tax credit equal to the number of live greyhound races
  855  conducted in the previous state fiscal year times the daily
  856  license fee specified for each dograce in this subsection
  857  applicable for the previous state fiscal year. This tax credit
  858  and the exemption in s. 550.09514(1) shall be applicable to any
  859  tax imposed by this chapter or the daily license fees imposed by
  860  this chapter except during any charity or scholarship
  861  performances conducted pursuant to s. 550.0351. Each
  862  permitholder shall pay daily license fees not to exceed $500 per
  863  day on any simulcast races or games on which such permitholder
  864  accepts wagers regardless of the number of out-of-state events
  865  taken or the number of out-of-state locations from which such
  866  events are taken. This license fee shall be deposited with the
  867  Chief Financial Officer to the credit of the Pari-mutuel
  868  Wagering Trust Fund.
  869         (b) Each permitholder that cannot utilize the full amount
  870  of the exemption of $360,000 or $500,000 provided in s.
  871  550.09514(1) or the daily license fee credit provided in this
  872  section may, after notifying the commission division in writing,
  873  elect once per state fiscal year on a form provided by the
  874  commission division to transfer such exemption or credit or any
  875  portion thereof to any greyhound permitholder which acts as a
  876  host track to such permitholder for the purpose of intertrack
  877  wagering. Once an election to transfer such exemption or credit
  878  is filed with the commission division, it shall not be
  879  rescinded. The commission division shall disapprove the transfer
  880  when the amount of the exemption or credit or portion thereof is
  881  unavailable to the transferring permitholder or when the
  882  permitholder who is entitled to transfer the exemption or credit
  883  or who is entitled to receive the exemption or credit owes taxes
  884  to the state pursuant to a deficiency letter or administrative
  885  complaint issued by the commission division. Upon approval of
  886  the transfer by the commission division, the transferred tax
  887  exemption or credit shall be effective for the first performance
  888  of the next payment period as specified in subsection (5). The
  889  exemption or credit transferred to such host track may be
  890  applied by such host track against any taxes imposed by this
  891  chapter or daily license fees imposed by this chapter. The
  892  greyhound permitholder host track to which such exemption or
  893  credit is transferred shall reimburse such permitholder the
  894  exact monetary value of such transferred exemption or credit as
  895  actually applied against the taxes and daily license fees of the
  896  host track. The commission division shall ensure that all
  897  transfers of exemption or credit are made in accordance with
  898  this subsection and shall have the authority to adopt rules to
  899  ensure the implementation of this section.
  900         (2) ADMISSION TAX.—
  901         (c) A permitholder may issue tax-free passes to its
  902  officers, officials, and employees or other persons actually
  903  engaged in working at the racetrack, including accredited press
  904  representatives such as reporters and editors, and may also
  905  issue tax-free passes to other permitholders for the use of
  906  their officers and officials. The permitholder shall file with
  907  the commission division a list of all persons to whom tax-free
  908  passes are issued under this paragraph.
  909         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
  910  contributions to pari-mutuel pools, the aggregate of which is
  911  hereinafter referred to as “handle,” on races or games conducted
  912  by the permitholder. The tax is imposed daily and is based on
  913  the total contributions to all pari-mutuel pools conducted
  914  during the daily performance. If a permitholder conducts more
  915  than one performance daily, the tax is imposed on each
  916  performance separately.
  917         (c)1. The tax on handle for intertrack wagering is 2.0
  918  percent of the handle if the host track is a horse track, 3.3
  919  percent if the host track is a harness track, 5.5 percent if the
  920  host track is a dog track, and 7.1 percent if the host track is
  921  a jai alai fronton. The tax on handle for intertrack wagering is
  922  0.5 percent if the host track and the guest track are
  923  thoroughbred permitholders or if the guest track is located
  924  outside the market area of the host track and within the market
  925  area of a thoroughbred permitholder currently conducting a live
  926  race meet. The tax on handle for intertrack wagering on
  927  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
  928  of the handle and 1.5 percent of the handle for intertrack
  929  wagering on rebroadcasts of simulcast harness horseraces. The
  930  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
  931         2. The tax on handle for intertrack wagers accepted by any
  932  dog track located in an area of the state in which there are
  933  only three permitholders, all of which are greyhound
  934  permitholders, located in three contiguous counties, from any
  935  greyhound permitholder also located within such area or any dog
  936  track or jai alai fronton located as specified in s. 550.615(6)
  937  or (9), on races or games received from the same class of
  938  permitholder located within the same market area is 3.9 percent
  939  if the host facility is a greyhound permitholder and, if the
  940  host facility is a jai alai permitholder, the rate shall be 6.1
  941  percent except that it shall be 2.3 percent on handle at such
  942  time as the total tax on intertrack handle paid to the
  943  commission division by the permitholder during the current state
  944  fiscal year exceeds the total tax on intertrack handle paid to
  945  the commission division by the permitholder during the 1992-1993
  946  state fiscal year.
  947         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
  948  imposed by this section shall be paid to the commission
  949  division. The commission division shall deposit these sums with
  950  the Chief Financial Officer, to the credit of the Pari-mutuel
  951  Wagering Trust Fund, hereby established. The permitholder shall
  952  remit to the commission division payment for the daily license
  953  fee, the admission tax, the tax on handle, and the breaks tax.
  954  Such payments shall be remitted by 3 p.m. Wednesday of each week
  955  for taxes imposed and collected for the preceding week ending on
  956  Sunday. Beginning on July 1, 2012, such payments shall be
  957  remitted by 3 p.m. on the 5th day of each calendar month for
  958  taxes imposed and collected for the preceding calendar month. If
  959  the 5th day of the calendar month falls on a weekend, payments
  960  shall be remitted by 3 p.m. the first Monday following the
  961  weekend. Permitholders shall file a report under oath by the 5th
  962  day of each calendar month for all taxes remitted during the
  963  preceding calendar month. Such payments shall be accompanied by
  964  a report under oath showing the total of all admissions, the
  965  pari-mutuel wagering activities for the preceding calendar
  966  month, and such other information as may be prescribed by the
  967  commission division.
  968         (6) PENALTIES.—
  969         (a) The failure of any permitholder to make payments as
  970  prescribed in subsection (5) is a violation of this section, and
  971  the permitholder may be subjected by the commission division to
  972  a civil penalty of up to $1,000 for each day the tax payment is
  973  not remitted. All penalties imposed and collected shall be
  974  deposited in the General Revenue Fund. If a permitholder fails
  975  to pay penalties imposed by order of the commission division
  976  under this subsection, the commission division may suspend or
  977  revoke the license of the permitholder, cancel the permit of the
  978  permitholder, or deny issuance of any further license or permit
  979  to the permitholder.
  980         (b) In addition to the civil penalty prescribed in
  981  paragraph (a), any willful or wanton failure by any permitholder
  982  to make payments of the daily license fee, admission tax, tax on
  983  handle, or breaks tax constitutes sufficient grounds for the
  984  commission division to suspend or revoke the license of the
  985  permitholder, to cancel the permit of the permitholder, or to
  986  deny issuance of any further license or permit to the
  987  permitholder.
  988         Section 16. Paragraphs (b), (c), (d), and (e) of subsection
  989  (2) and paragraph (a) of subsection (3) of section 550.09511,
  990  Florida Statutes, are amended to read:
  991         550.09511 Jai alai taxes; abandoned interest in a permit
  992  for nonpayment of taxes.—
  993         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
  994  wagering on live jai alai performances shall be subject to the
  995  following taxes:
  996         (b) At such time as the total of admissions tax, daily
  997  license fee, and tax on handle for live jai alai performances
  998  paid to the commission division by a permitholder during the
  999  current state fiscal year exceeds the total state tax revenues
 1000  from wagering on live jai alai performances paid or due by the
 1001  permitholder in fiscal year 1991-1992, the permitholder shall
 1002  pay tax on handle for live jai alai performances at a rate of
 1003  2.55 percent of the handle per performance for the remainder of
 1004  the current state fiscal year. For purposes of this section,
 1005  total state tax revenues on live jai alai wagering in fiscal
 1006  year 1991-1992 shall include any admissions tax, tax on handle,
 1007  surtaxes on handle, and daily license fees.
 1008         (c) If no tax on handle for live jai alai performances were
 1009  paid to the commission division by a jai alai permitholder
 1010  during the 1991-1992 state fiscal year, then at such time as the
 1011  total of admissions tax, daily license fee, and tax on handle
 1012  for live jai alai performances paid to the commission division
 1013  by a permitholder during the current state fiscal year exceeds
 1014  the total state tax revenues from wagering on live jai alai
 1015  performances paid or due by the permitholder in the last state
 1016  fiscal year in which the permitholder conducted a full schedule
 1017  of live games, the permitholder shall pay tax on handle for live
 1018  jai alai performances at a rate of 3.3 percent of the handle per
 1019  performance for the remainder of the current state fiscal year.
 1020  For purposes of this section, total state tax revenues on live
 1021  jai alai wagering shall include any admissions tax, tax on
 1022  handle, surtaxes on handle, and daily license fees. This
 1023  paragraph shall take effect July 1, 1993.
 1024         (d) A permitholder who obtains a new permit issued by the
 1025  commission division subsequent to the 1991-1992 state fiscal
 1026  year and a permitholder whose permit has been converted to a jai
 1027  alai permit under the provisions of this chapter, shall, at such
 1028  time as the total of admissions tax, daily license fee, and tax
 1029  on handle for live jai alai performances paid to the commission
 1030  division by the permitholder during the current state fiscal
 1031  year exceeds the average total state tax revenues from wagering
 1032  on live jai alai performances for the first 3 consecutive jai
 1033  alai seasons paid to or due the commission division by the
 1034  permitholder and during which the permitholder conducted a full
 1035  schedule of live games, pay tax on handle for live jai alai
 1036  performances at a rate of 3.3 percent of the handle per
 1037  performance for the remainder of the current state fiscal year.
 1038         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1039  and (d) shall be calculated and commence beginning the day in
 1040  which the permitholder is first entitled to the reduced rate
 1041  specified in this section and the report of taxes required by s.
 1042  550.0951(5) is submitted to the commission division.
 1043         (3)(a) Notwithstanding the provisions of subsection (2) and
 1044  s. 550.0951(3)(c)1., any jai alai permitholder which is
 1045  restricted under Florida law from operating live performances on
 1046  a year-round basis is entitled to conduct wagering on live
 1047  performances at a tax rate of 3.85 percent of live handle. Such
 1048  permitholder is also entitled to conduct intertrack wagering as
 1049  a host permitholder on live jai alai games at its fronton at a
 1050  tax rate of 3.3 percent of handle at such time as the total tax
 1051  on intertrack handle paid to the commission division by the
 1052  permitholder during the current state fiscal year exceeds the
 1053  total tax on intertrack handle paid to the former Division of
 1054  Pari-mutuel Wagering by the permitholder during the 1992-1993
 1055  state fiscal year.
 1056         Section 17. Paragraph (b) of subsection (3) of section
 1057  550.09512, Florida Statutes, is amended to read:
 1058         550.09512 Harness horse taxes; abandoned interest in a
 1059  permit for nonpayment of taxes.—
 1060         (3)
 1061         (b) In order to maximize the tax revenues to the state, the
 1062  commission division shall reissue an escheated harness horse
 1063  permit to a qualified applicant pursuant to the provisions of
 1064  this chapter as for the issuance of an initial permit. However,
 1065  the provisions of this chapter relating to referendum
 1066  requirements for a pari-mutuel permit shall not apply to the
 1067  reissuance of an escheated harness horse permit. As specified in
 1068  the application and upon approval by the commission division of
 1069  an application for the permit, the new permitholder shall be
 1070  authorized to operate a harness horse facility anywhere in the
 1071  same county in which the escheated permit was authorized to be
 1072  operated, notwithstanding the provisions of s. 550.054(2)
 1073  relating to mileage limitations.
 1074         Section 18. Paragraphs (a), (b), (d), (e), and (f) of
 1075  subsection (2) of section 550.09514, Florida Statutes, are
 1076  amended to read:
 1077         550.09514 Greyhound dogracing taxes; purse requirements.—
 1078         (2)(a) The commission division shall determine for each
 1079  greyhound permitholder the annual purse percentage rate of live
 1080  handle for the state fiscal year 1993-1994 by dividing total
 1081  purses paid on live handle by the permitholder, exclusive of
 1082  payments made from outside sources, during the 1993-1994 state
 1083  fiscal year by the permitholder’s live handle for the 1993-1994
 1084  state fiscal year. Each permitholder shall pay as purses for
 1085  live races conducted during its current race meet a percentage
 1086  of its live handle not less than the percentage determined under
 1087  this paragraph, exclusive of payments made by outside sources,
 1088  for its 1993-1994 state fiscal year.
 1089         (b) Except as otherwise set forth herein, in addition to
 1090  the minimum purse percentage required by paragraph (a), each
 1091  permitholder shall pay as purses an annual amount equal to 75
 1092  percent of the daily license fees paid by each permitholder for
 1093  the 1994-1995 fiscal year. This purse supplement shall be
 1094  disbursed weekly during the permitholder’s race meet in an
 1095  amount determined by dividing the annual purse supplement by the
 1096  number of performances approved for the permitholder pursuant to
 1097  its annual license and multiplying that amount by the number of
 1098  performances conducted each week. For the greyhound
 1099  permitholders in the county where there are two greyhound
 1100  permitholders located as specified in s. 550.615(6), such
 1101  permitholders shall pay in the aggregate an amount equal to 75
 1102  percent of the daily license fees paid by such permitholders for
 1103  the 1994-1995 fiscal year. These permitholders shall be jointly
 1104  and severally liable for such purse payments. The additional
 1105  purses provided by this paragraph must be used exclusively for
 1106  purses other than stakes. The commission division shall conduct
 1107  audits necessary to ensure compliance with this section.
 1108         (d) The commission division shall require sufficient
 1109  documentation from each greyhound permitholder regarding purses
 1110  paid on live racing to assure that the annual purse percentage
 1111  rates paid by each permitholder on the live races are not
 1112  reduced below those paid during the 1993-1994 state fiscal year.
 1113  The commission division shall require sufficient documentation
 1114  from each greyhound permitholder to assure that the purses paid
 1115  by each permitholder on the greyhound intertrack and simulcast
 1116  broadcasts are in compliance with the requirements of paragraph
 1117  (c).
 1118         (e) In addition to the purse requirements of paragraphs
 1119  (a)-(c), each greyhound permitholder shall pay as purses an
 1120  amount equal to one-third of the amount of the tax reduction on
 1121  live and simulcast handle applicable to such permitholder as a
 1122  result of the reductions in tax rates provided by this act
 1123  through the amendments to s. 550.0951(3). With respect to
 1124  intertrack wagering when the host and guest tracks are greyhound
 1125  permitholders not within the same market area, an amount equal
 1126  to the tax reduction applicable to the guest track handle as a
 1127  result of the reduction in tax rate provided by this act through
 1128  the amendment to s. 550.0951(3) shall be distributed to the
 1129  guest track, one-third of which amount shall be paid as purses
 1130  at the guest track. However, if the guest track is a greyhound
 1131  permitholder within the market area of the host or if the guest
 1132  track is not a greyhound permitholder, an amount equal to such
 1133  tax reduction applicable to the guest track handle shall be
 1134  retained by the host track, one-third of which amount shall be
 1135  paid as purses at the host track. These purse funds shall be
 1136  disbursed in the week received if the permitholder conducts at
 1137  least one live performance during that week. If the permitholder
 1138  does not conduct at least one live performance during the week
 1139  in which the purse funds are received, the purse funds shall be
 1140  disbursed weekly during the permitholder’s next race meet in an
 1141  amount determined by dividing the purse amount by the number of
 1142  performances approved for the permitholder pursuant to its
 1143  annual license, and multiplying that amount by the number of
 1144  performances conducted each week. The commission division shall
 1145  conduct audits necessary to ensure compliance with this
 1146  paragraph.
 1147         (f) Each greyhound permitholder shall, during the
 1148  permitholder’s race meet, supply kennel operators and the
 1149  commission Division of Pari-Mutuel Wagering with a weekly report
 1150  showing purses paid on live greyhound races and all greyhound
 1151  intertrack and simulcast broadcasts, including both as a guest
 1152  and a host together with the handle or commission calculations
 1153  on which such purses were paid and the transmission costs of
 1154  sending the simulcast or intertrack broadcasts, so that the
 1155  kennel operators may determine statutory and contractual
 1156  compliance.
 1157         Section 19. Paragraph (b) of subsection (3) of section
 1158  550.09515, Florida Statutes, is amended to read:
 1159         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1160  permit for nonpayment of taxes.—
 1161         (3)
 1162         (b) In order to maximize the tax revenues to the state, the
 1163  commission division shall reissue an escheated thoroughbred
 1164  horse permit to a qualified applicant pursuant to the provisions
 1165  of this chapter as for the issuance of an initial permit.
 1166  However, the provisions of this chapter relating to referendum
 1167  requirements for a pari-mutuel permit shall not apply to the
 1168  reissuance of an escheated thoroughbred horse permit. As
 1169  specified in the application and upon approval by the commission
 1170  division of an application for the permit, the new permitholder
 1171  shall be authorized to operate a thoroughbred horse facility
 1172  anywhere in the same county in which the escheated permit was
 1173  authorized to be operated, notwithstanding the provisions of s.
 1174  550.054(2) relating to mileage limitations.
 1175         Section 20. Subsection (1), paragraph (b) of subsection
 1176  (2), paragraphs (a), (b), (c), (e), and (f) of subsection (5),
 1177  subsections (6), (7), and (8), and paragraphs (a), (c), and (d)
 1178  of subsection (10) of section 550.105, Florida Statutes, are
 1179  amended to read:
 1180         550.105 Occupational licenses of racetrack employees; fees;
 1181  denial, suspension, and revocation of license; penalties and
 1182  fines.—
 1183         (1) Each person connected with a racetrack or jai alai
 1184  fronton, as specified in paragraph (2)(a), shall purchase from
 1185  the commission division an occupational license. All moneys
 1186  collected pursuant to this section each fiscal year shall be
 1187  deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
 1188  the rules adopted by the commission division, an occupational
 1189  license may be valid for a period of up to 3 years for a fee
 1190  that does not exceed the full occupational license fee for each
 1191  of the years for which the license is purchased. The
 1192  occupational license shall be valid during its specified term at
 1193  any pari-mutuel facility.
 1194         (2)
 1195         (b) The commission division shall adopt rules pertaining to
 1196  pari-mutuel occupational licenses, licensing periods, and
 1197  renewal cycles.
 1198         (5)(a) The commission division may:
 1199         1. Deny a license to or revoke, suspend, or place
 1200  conditions upon or restrictions on a license of any person who
 1201  has been refused a license by any other state racing commission
 1202  or racing authority;
 1203         2. Deny, suspend, or place conditions on a license of any
 1204  person who is under suspension or has unpaid fines in another
 1205  jurisdiction;
 1206  
 1207  if the state racing commission or racing authority of such other
 1208  state or jurisdiction extends to the commission division
 1209  reciprocal courtesy to maintain the disciplinary control.
 1210         (b) The commission division may deny, suspend, revoke, or
 1211  declare ineligible any occupational license if the applicant for
 1212  or holder thereof has violated the provisions of this chapter or
 1213  the rules of the commission division governing the conduct of
 1214  persons connected with racetracks and frontons. In addition, the
 1215  commission division may deny, suspend, revoke, or declare
 1216  ineligible any occupational license if the applicant for such
 1217  license has been convicted in this state, in any other state, or
 1218  under the laws of the United States of a capital felony, a
 1219  felony, or an offense in any other state which would be a felony
 1220  under the laws of this state involving arson; trafficking in,
 1221  conspiracy to traffic in, smuggling, importing, conspiracy to
 1222  smuggle or import, or delivery, sale, or distribution of a
 1223  controlled substance; or a crime involving a lack of good moral
 1224  character, or has had a pari-mutuel license revoked by this
 1225  state or any other jurisdiction for an offense related to pari
 1226  mutuel wagering.
 1227         (c) The commission division may deny, declare ineligible,
 1228  or revoke any occupational license if the applicant for such
 1229  license has been convicted of a felony or misdemeanor in this
 1230  state, in any other state, or under the laws of the United
 1231  States, if such felony or misdemeanor is related to gambling or
 1232  bookmaking, as contemplated in s. 849.25, or involves cruelty to
 1233  animals. If the applicant establishes that she or he is of good
 1234  moral character, that she or he has been rehabilitated, and that
 1235  the crime she or he was convicted of is not related to pari
 1236  mutuel wagering and is not a capital offense, the restrictions
 1237  excluding offenders may be waived by the director of the
 1238  commission division.
 1239         (e) If an occupational license will expire by commission
 1240  division rule during the period of a suspension the commission
 1241  division intends to impose, or if a license would have expired
 1242  but for pending administrative charges and the occupational
 1243  licensee is found to be in violation of any of the charges, the
 1244  license may be revoked and a time period of license
 1245  ineligibility may be declared. The commission division may bring
 1246  administrative charges against any person not holding a current
 1247  license for violations of statutes or rules which occurred while
 1248  such person held an occupational license, and the commission
 1249  division may declare such person ineligible to hold a license
 1250  for a period of time. The commission division may impose a civil
 1251  fine of up to $1,000 for each violation of the rules of the
 1252  commission division in addition to or in lieu of any other
 1253  penalty provided for in this section. In addition to any other
 1254  penalty provided by law, the commission division may exclude
 1255  from all pari-mutuel facilities in this state, for a period not
 1256  to exceed the period of suspension, revocation, or
 1257  ineligibility, any person whose occupational license application
 1258  has been denied by the commission division, who has been
 1259  declared ineligible to hold an occupational license, or whose
 1260  occupational license has been suspended or revoked by the
 1261  commission division.
 1262         (f) The commission division may cancel any occupational
 1263  license that has been voluntarily relinquished by the licensee.
 1264         (6) In order to promote the orderly presentation of pari
 1265  mutuel meets authorized in this chapter, the commission division
 1266  may issue a temporary occupational license. The commission
 1267  division shall adopt rules to implement this subsection.
 1268  However, no temporary occupational license shall be valid for
 1269  more than 90 days, and no more than one temporary license may be
 1270  issued for any person in any year.
 1271         (7) The commission division may deny, revoke, or suspend
 1272  any occupational license if the applicant therefor or holder
 1273  thereof accumulates unpaid obligations or defaults in
 1274  obligations, or issues drafts or checks that are dishonored or
 1275  for which payment is refused without reasonable cause, if such
 1276  unpaid obligations, defaults, or dishonored or refused drafts or
 1277  checks directly relate to the sport of jai alai or racing being
 1278  conducted at a pari-mutuel facility within this state.
 1279         (8) The commission division may fine, or suspend or revoke,
 1280  or place conditions upon, the license of any licensee who under
 1281  oath knowingly provides false information regarding an
 1282  investigation by the commission division.
 1283         (10)(a) Upon application for an occupational license, the
 1284  commission division may require the applicant’s full legal name;
 1285  any nickname, alias, or maiden name for the applicant; name of
 1286  the applicant’s spouse; the applicant’s date of birth, residence
 1287  address, mailing address, residence address and business phone
 1288  number, and social security number; disclosure of any felony or
 1289  any conviction involving bookmaking, illegal gambling, or
 1290  cruelty to animals; disclosure of any past or present
 1291  enforcement or actions by any racing or gaming agency against
 1292  the applicant; and any information the commission division
 1293  determines is necessary to establish the identity of the
 1294  applicant or to establish that the applicant is of good moral
 1295  character. Fingerprints shall be taken in a manner approved by
 1296  the commission division and then shall be submitted to the
 1297  Federal Bureau of Investigation, or to the association of state
 1298  officials regulating pari-mutuel wagering pursuant to the
 1299  Federal Pari-mutuel Licensing Simplification Act of 1988. The
 1300  cost of processing fingerprints shall be borne by the applicant
 1301  and paid to the association of state officials regulating pari
 1302  mutuel wagering from the trust fund to which the processing fees
 1303  are deposited. The commission division, by rule, may require
 1304  additional information from licensees which is reasonably
 1305  necessary to regulate the industry. The commission division may,
 1306  by rule, exempt certain occupations or groups of persons from
 1307  the fingerprinting requirements.
 1308         (c) The Department of Law Enforcement shall search all
 1309  arrest fingerprints received pursuant to s. 943.051 against the
 1310  fingerprints retained in the statewide automated biometric
 1311  identification system under paragraph (b). Any arrest record
 1312  that is identified with the retained fingerprints of a person
 1313  subject to the criminal history screening requirements of this
 1314  section shall be reported to the commission division. Each
 1315  licensee shall pay a fee to the commission division for the cost
 1316  of retention of the fingerprints and the ongoing searches under
 1317  this paragraph. The commission division shall forward the
 1318  payment to the Department of Law Enforcement. The amount of the
 1319  fee to be imposed for performing these searches and the
 1320  procedures for the retention of licensee fingerprints shall be
 1321  as established by rule of the Department of Law Enforcement. The
 1322  commission division shall inform the Department of Law
 1323  Enforcement of any change in the license status of licensees
 1324  whose fingerprints are retained under paragraph (b).
 1325         (d) The commission division shall request the Department of
 1326  Law Enforcement to forward the fingerprints to the Federal
 1327  Bureau of Investigation for a national criminal history records
 1328  check at least once every 5 years following issuance of a
 1329  license. If the fingerprints of a person who is licensed have
 1330  not been retained by the Department of Law Enforcement, the
 1331  person must file a complete set of fingerprints as provided in
 1332  paragraph (a). The commission division shall collect the fees
 1333  for the cost of the national criminal history records check
 1334  under this paragraph and forward the payment to the Department
 1335  of Law Enforcement. The cost of processing fingerprints and
 1336  conducting a criminal history records check under this paragraph
 1337  for a general occupational license shall be borne by the
 1338  applicant. The cost of processing fingerprints and conducting a
 1339  criminal history records check under this paragraph for a
 1340  business or professional occupational license shall be borne by
 1341  the person being checked. The Department of Law Enforcement may
 1342  invoice the commission division for the fingerprints submitted
 1343  each month. Under penalty of perjury, each person who is
 1344  licensed or who is fingerprinted as required by this section
 1345  must agree to inform the commission division within 48 hours if
 1346  he or she is convicted of or has entered a plea of guilty or
 1347  nolo contendere to any disqualifying offense, regardless of
 1348  adjudication.
 1349         Section 21. Subsection (1) of section 550.1155, Florida
 1350  Statutes, is amended to read:
 1351         550.1155 Authority of stewards, judges, panel of judges, or
 1352  player’s manager to impose penalties against occupational
 1353  licensees; disposition of funds collected.—
 1354         (1) The stewards at a horse racetrack or the judges, a
 1355  panel of judges, or a player’s manager at a jai alai fronton may
 1356  impose a civil penalty against any occupational licensee for
 1357  violation of the pari-mutuel laws or any rule adopted by the
 1358  commission division. The penalty may not exceed $1,000 for each
 1359  count or separate offense or exceed 60 days of suspension for
 1360  each count or separate offense.
 1361         Section 22. Subsection (2) and paragraph (a) of subsection
 1362  (3) of section 550.125, Florida Statutes, are amended to read:
 1363         550.125 Uniform reporting system; bond requirement.—
 1364         (2)(a) Each permitholder that conducts race meetings or jai
 1365  alai exhibitions under this chapter shall keep records that
 1366  clearly show the total number of admissions and the total amount
 1367  of money contributed to each pari-mutuel pool on each race or
 1368  exhibition separately and the amount of money received daily
 1369  from admission fees and, within 120 days after the end of its
 1370  fiscal year, shall submit to the commission division a complete
 1371  annual report of its accounts, audited by a certified public
 1372  accountant licensed to practice in the state.
 1373         (b) The commission division shall adopt rules specifying
 1374  the form and content of such reports, including, but not limited
 1375  to, requirements for a statement of assets and liabilities,
 1376  operating revenues and expenses, and net worth, which statement
 1377  must be audited by a certified public accountant licensed to
 1378  practice in this state, and any supporting informational
 1379  schedule found necessary by the commission division to verify
 1380  the foregoing financial statement, which informational schedule
 1381  must be attested to under oath by the permitholder or an officer
 1382  of record, to permit the commission division to:
 1383         1. Assess the profitability and financial soundness of
 1384  permitholders, both individually and as an industry;
 1385         2. Plan and recommend measures necessary to preserve and
 1386  protect the pari-mutuel revenues of the state; and
 1387         3. Completely identify the holdings, transactions, and
 1388  investments of permitholders with other business entities.
 1389         (c) The Auditor General and the Office of Program Policy
 1390  Analysis and Government Accountability may, pursuant to their
 1391  own authority or at the direction of the Legislative Auditing
 1392  Committee, audit, examine, and check the books and records of
 1393  any permitholder. These audit reports shall become part of, and
 1394  be maintained in, the commission division files.
 1395         (d) The commission division shall annually review the books
 1396  and records of each permitholder and verify that the breaks and
 1397  unclaimed ticket payments made by each permitholder are true and
 1398  correct.
 1399         (3)(a) Each permitholder to which a license is granted
 1400  under this chapter, at its own cost and expense, must, before
 1401  the license is delivered, give a bond in the penal sum of
 1402  $50,000 payable to the Governor of the state and her or his
 1403  successors in office, with a surety or sureties to be approved
 1404  by the commission division and the Chief Financial Officer,
 1405  conditioned to faithfully make the payments to the Chief
 1406  Financial Officer in her or his capacity as treasurer of the
 1407  commission division; to keep its books and records and make
 1408  reports as provided; and to conduct its racing in conformity
 1409  with this chapter. When the greatest amount of tax owed during
 1410  any month in the prior state fiscal year, in which a full
 1411  schedule of live racing was conducted, is less than $50,000, the
 1412  commission division may assess a bond in a sum less than
 1413  $50,000. The commission division may review the bond for
 1414  adequacy and require adjustments each fiscal year. The
 1415  commission division has the authority to adopt rules to
 1416  implement this paragraph and establish guidelines for such
 1417  bonds.
 1418         Section 23. Subsection (1) of section 550.155, Florida
 1419  Statutes, is amended to read:
 1420         550.155 Pari-mutuel pool within track enclosure; takeouts;
 1421  breaks; penalty for purchasing part of a pari-mutuel pool for or
 1422  through another in specified circumstances.—
 1423         (1) Wagering on the results of a horserace, dograce, or on
 1424  the scores or points of a jai alai game and the sale of tickets
 1425  or other evidences showing an interest in or a contribution to a
 1426  pari-mutuel pool are allowed within the enclosure of any pari
 1427  mutuel facility licensed and conducted under this chapter but
 1428  are not allowed elsewhere in this state, must be supervised by
 1429  the commission division, and are subject to such reasonable
 1430  rules that the commission division prescribes.
 1431         Section 24. Section 550.175, Florida Statutes, is amended
 1432  to read:
 1433         550.175 Petition for election to revoke permit.—Upon
 1434  petition of 20 percent of the qualified electors of any county
 1435  wherein any pari-mutuel wagering has been licensed and conducted
 1436  under this chapter, the county commissioners of such county
 1437  shall provide for the submission to the electors of such county
 1438  at the then next succeeding general election the question of
 1439  whether any permit or permits theretofore granted shall be
 1440  continued or revoked, and if a majority of the electors voting
 1441  on such question in such election vote to cancel or recall the
 1442  permit theretofore given, the commission division may not
 1443  thereafter grant any license on the permit so recalled. Every
 1444  signature upon every recall petition must be signed in the
 1445  presence of the clerk of the board of county commissioners at
 1446  the office of the clerk of the circuit court of the county, and
 1447  the petitioner must present at the time of such signing her or
 1448  his registration receipt showing the petitioner’s qualification
 1449  as an elector of the county at the time of the signing of the
 1450  petition. Not more than one permit may be included in any one
 1451  petition; and, in all elections in which the recall of more than
 1452  one permit is voted on, the voters shall be given an opportunity
 1453  to vote for or against the recall of each permit separately.
 1454  Nothing in this chapter shall be construed to prevent the
 1455  holding of later referendum or recall elections.
 1456         Section 25. Subsections (1), (3), and (5) of section
 1457  550.1815, Florida Statutes, are amended to read:
 1458         550.1815 Certain persons prohibited from holding racing or
 1459  jai alai permits; suspension and revocation.—
 1460         (1) A corporation, general or limited partnership, sole
 1461  proprietorship, business trust, joint venture, or unincorporated
 1462  association, or other business entity may not hold any
 1463  horseracing or greyhound permit or jai alai fronton permit in
 1464  this state if any one of the persons or entities specified in
 1465  paragraph (a) has been determined by the commission division not
 1466  to be of good moral character or has been convicted of any
 1467  offense specified in paragraph (b).
 1468         (a)1. The permitholder;
 1469         2. An employee of the permitholder;
 1470         3. The sole proprietor of the permitholder;
 1471         4. A corporate officer or director of the permitholder;
 1472         5. A general partner of the permitholder;
 1473         6. A trustee of the permitholder;
 1474         7. A member of an unincorporated association permitholder;
 1475         8. A joint venturer of the permitholder;
 1476         9. The owner of more than 5 percent of any equity interest
 1477  in the permitholder, whether as a common shareholder, general or
 1478  limited partner, voting trustee, or trust beneficiary; or
 1479         10. An owner of any interest in the permit or permitholder,
 1480  including any immediate family member of the owner, or holder of
 1481  any debt, mortgage, contract, or concession from the
 1482  permitholder, who by virtue thereof is able to control the
 1483  business of the permitholder.
 1484         (b)1. A felony in this state;
 1485         2. Any felony in any other state which would be a felony if
 1486  committed in this state under the laws of this state;
 1487         3. Any felony under the laws of the United States;
 1488         4. A felony under the laws of another state if related to
 1489  gambling which would be a felony under the laws of this state if
 1490  committed in this state; or
 1491         5. Bookmaking as defined in s. 849.25.
 1492         (3) After notice and hearing, the commission division shall
 1493  refuse to issue or renew or shall suspend, as appropriate, any
 1494  permit found in violation of subsection (1). The order shall
 1495  become effective 120 days after service of the order upon the
 1496  permitholder and shall be amended to constitute a final order of
 1497  revocation unless the permitholder has, within that period of
 1498  time, either caused the divestiture, or agreed with the
 1499  convicted person upon a complete immediate divestiture, of her
 1500  or his holding, or has petitioned the circuit court as provided
 1501  in subsection (4) or, in the case of corporate officers or
 1502  directors of the holder or employees of the holder, has
 1503  terminated the relationship between the permitholder and those
 1504  persons mentioned. The commission division may, by order, extend
 1505  the 120-day period for divestiture, upon good cause shown, to
 1506  avoid interruption of any jai alai or race meeting or to
 1507  otherwise effectuate this section. If no action has been taken
 1508  by the permitholder within the 120-day period following the
 1509  issuance of the order of suspension, the commission division
 1510  shall, without further notice or hearing, enter a final order of
 1511  revocation of the permit. When any permitholder or sole
 1512  proprietor of a permitholder is convicted of an offense
 1513  specified in paragraph (1)(b), the commission department may
 1514  approve a transfer of the permit to a qualified applicant, upon
 1515  a finding that revocation of the permit would impair the state’s
 1516  revenue from the operation of the permit or otherwise be
 1517  detrimental to the interests of the state in the regulation of
 1518  the industry of pari-mutuel wagering. In such approval, no
 1519  public referendum is required, notwithstanding any other
 1520  provision of law. A petition for transfer after conviction must
 1521  be filed with the commission department within 30 days after
 1522  service upon the permitholder of the final order of revocation.
 1523  The timely filing of such a petition automatically stays any
 1524  revocation order until further order of the commission
 1525  department.
 1526         (5) The commission division shall make such rules for the
 1527  photographing, fingerprinting, and obtaining of personal data of
 1528  individuals described in paragraph (1)(a) and the obtaining of
 1529  such data regarding the business entities described in paragraph
 1530  (1)(a) as is necessary to effectuate the provisions of this
 1531  section.
 1532         Section 26. Paragraph (a) of subsection (2), paragraph (c)
 1533  of subsection (3), and subsection (6) of section 550.24055,
 1534  Florida Statutes, are amended to read:
 1535         550.24055 Use of controlled substances or alcohol
 1536  prohibited; testing of certain occupational licensees; penalty;
 1537  evidence of test or action taken and admissibility for criminal
 1538  prosecution limited.—
 1539         (2) The occupational licensees, by applying for and holding
 1540  such licenses, are deemed to have given their consents to submit
 1541  to an approved chemical test of their breath for the purpose of
 1542  determining the alcoholic content of their blood and to a urine
 1543  or blood test for the purpose of detecting the presence of
 1544  controlled substances. Such tests shall only be conducted upon
 1545  reasonable cause that a violation has occurred as shall be
 1546  determined solely by the stewards at a horseracing meeting or
 1547  the judges or board of judges at a jai alai meet. The failure to
 1548  submit to such test may result in a suspension of the person’s
 1549  occupational license for a period of 10 days or until this
 1550  section has been complied with, whichever is longer.
 1551         (a) If there was at the time of the test 0.05 percent or
 1552  less by weight of alcohol in the person’s blood, the person is
 1553  presumed not to have been under the influence of alcoholic
 1554  beverages to the extent that the person’s normal faculties were
 1555  impaired, and no action of any sort may be taken by the
 1556  stewards, judges, or board of judges or the commission division.
 1557  
 1558  All tests relating to alcohol must be performed in a manner
 1559  substantially similar, or identical, to the provisions of s.
 1560  316.1934 and rules adopted pursuant to that section. Following a
 1561  test of the urine or blood to determine the presence of a
 1562  controlled substance as defined in chapter 893, if a controlled
 1563  substance is found to exist, the stewards, judges, or board of
 1564  judges may take such action as is permitted in this section.
 1565         (3) A violation of subsection (2) is subject to the
 1566  following penalties:
 1567         (c) If the second violation occurred within 1 year after
 1568  the first violation, then upon the finding of a third violation
 1569  of this section within 1 year after the second violation, the
 1570  stewards, judges, or board of judges may suspend the licensee
 1571  for up to 120 days; and the stewards, judges, or board of judges
 1572  shall forward the results of the tests under paragraphs (a) and
 1573  (b) and this violation to the commission division. In addition
 1574  to the action taken by the stewards, judges, or board of judges,
 1575  the commission division, after a hearing, may deny, suspend, or
 1576  revoke the occupational license of the licensee and may impose a
 1577  civil penalty of up to $5,000 in addition to, or in lieu of, a
 1578  suspension or revocation, it being the intent of the Legislature
 1579  that the commission division shall have no authority over the
 1580  enforcement of this section until a licensee has committed the
 1581  third violation within 2 years after the first violation.
 1582         (6) Evidence of any test or actions taken by the stewards,
 1583  judges, or board of judges or the commission division under this
 1584  section is inadmissible for any purpose in any court for
 1585  criminal prosecution, it being the intent of the Legislature to
 1586  provide a method and means by which the health, safety, and
 1587  welfare of those officiating at or participating in a race meet
 1588  or a jai alai game are sufficiently protected. However, this
 1589  subsection does not prohibit any person so authorized from
 1590  pursuing an independent investigation as a result of a ruling
 1591  made by the stewards, judges, or board of judges, or the
 1592  commission division.
 1593         Section 27. Paragraphs (a) and (b) of subsection (1),
 1594  subsection (2), paragraphs (a), (b), and (c) of subsection (3),
 1595  subsection (5), paragraphs (b) and (c) of subsection (6),
 1596  paragraphs (a), (b), (c), (d), and (e) of subsection (7), and
 1597  subsections (9), (10), (11), and (12) of section 550.2415,
 1598  Florida Statutes, are amended to read:
 1599         550.2415 Racing of animals under certain conditions
 1600  prohibited; penalties; exceptions.—
 1601         (1)(a) The racing of an animal that has been impermissibly
 1602  medicated or determined to have a prohibited substance present
 1603  is prohibited. It is a violation of this section for a person to
 1604  impermissibly medicate an animal or for an animal to have a
 1605  prohibited substance present resulting in a positive test for
 1606  such medications or substances based on samples taken from the
 1607  animal before or immediately after the racing of that animal.
 1608  Test results and the identities of the animals being tested and
 1609  of their trainers and owners of record are confidential and
 1610  exempt from s. 119.07(1) and from s. 24(a), Art. I of the State
 1611  Constitution for 10 days after testing of all samples collected
 1612  on a particular day has been completed and any positive test
 1613  results derived from such samples have been reported to the
 1614  director of the commission division or administrative action has
 1615  been commenced.
 1616         (b) It is a violation of this section for a race-day
 1617  specimen to contain a level of a naturally occurring substance
 1618  which exceeds normal physiological concentrations. The
 1619  commission division may solicit input from the Department of
 1620  Agriculture and Consumer Services and adopt rules that specify
 1621  normal physiological concentrations of naturally occurring
 1622  substances in the natural untreated animal and rules that
 1623  specify acceptable levels of environmental contaminants and
 1624  trace levels of substances in test samples.
 1625         (2) Administrative action may be taken by the commission
 1626  division against an occupational licensee responsible pursuant
 1627  to rule of the commission division for the condition of an
 1628  animal that has been impermissibly medicated or drugged in
 1629  violation of this section.
 1630         (3)(a) Upon the finding of a violation of this section, the
 1631  commission division may revoke or suspend the license or permit
 1632  of the violator or deny a license or permit to the violator;
 1633  impose a fine against the violator in an amount not exceeding
 1634  the purse or sweepstakes earned by the animal in the race at
 1635  issue or $10,000, whichever is greater; require the full or
 1636  partial return of the purse, sweepstakes, and trophy of the race
 1637  at issue; or impose against the violator any combination of such
 1638  penalties. The finding of a violation of this section does not
 1639  prohibit a prosecution for criminal acts committed.
 1640         (b) The commission division, notwithstanding chapter 120,
 1641  may summarily suspend the license of an occupational licensee
 1642  responsible under this section or commission division rule for
 1643  the condition of a race animal if the commission division
 1644  laboratory reports the presence of a prohibited substance in the
 1645  animal or its blood, urine, saliva, or any other bodily fluid,
 1646  either before a race in which the animal is entered or after a
 1647  race the animal has run.
 1648         (c) If an occupational licensee is summarily suspended
 1649  under this section, the commission division shall offer the
 1650  licensee a prompt postsuspension hearing within 72 hours, at
 1651  which the commission division shall produce the laboratory
 1652  report and documentation which, on its face, establishes the
 1653  responsibility of the occupational licensee. Upon production of
 1654  the documentation, the occupational licensee has the burden of
 1655  proving his or her lack of responsibility.
 1656         (5) The commission division shall implement a split-sample
 1657  procedure for testing animals under this section.
 1658         (a) The commission division shall notify the owner or
 1659  trainer, the stewards, and the appropriate horsemen’s
 1660  association of all drug test results. If a drug test result is
 1661  positive, and upon request by the affected trainer or owner of
 1662  the animal from which the sample was obtained, the commission
 1663  division shall send the split sample to an approved independent
 1664  laboratory for analysis. The commission division shall establish
 1665  standards and rules for uniform enforcement and shall maintain a
 1666  list of at least five approved independent laboratories for an
 1667  owner or trainer to select from if a drug test result is
 1668  positive.
 1669         (b) If the commission division laboratory’s findings are
 1670  not confirmed by the independent laboratory, no further
 1671  administrative or disciplinary action under this section may be
 1672  pursued.
 1673         (c) If the independent laboratory confirms the commission
 1674  division laboratory’s positive result, the commission division
 1675  may commence administrative proceedings as prescribed in this
 1676  chapter and consistent with chapter 120. For purposes of this
 1677  subsection, the commission department shall in good faith
 1678  attempt to obtain a sufficient quantity of the test fluid to
 1679  allow both a primary test and a secondary test to be made.
 1680         (d) For the testing of a racehorse, if there is an
 1681  insufficient quantity of the secondary (split) sample for
 1682  confirmation of the commission division laboratory’s positive
 1683  result, the commission division may not take further action on
 1684  the matter against the owner or trainer, and any resulting
 1685  license suspension must be immediately lifted.
 1686         (e) The commission division shall require its laboratory
 1687  and the independent laboratories to annually participate in an
 1688  externally administered quality assurance program designed to
 1689  assess testing proficiency in the detection and appropriate
 1690  quantification of medications, drugs, and naturally occurring
 1691  substances that may be administered to racing animals. The
 1692  administrator of the quality assurance program shall report its
 1693  results and findings to the commission division and the
 1694  Department of Agriculture and Consumer Services.
 1695         (6)
 1696         (b) Any act committed by any licensee that would constitute
 1697  cruelty to animals as defined in s. 828.02 involving any animal
 1698  constitutes a violation of this chapter. Imposition of any
 1699  penalty by the commission division for violation of this chapter
 1700  or any rule adopted by the commission division pursuant to this
 1701  chapter shall not prohibit a criminal prosecution for cruelty to
 1702  animals.
 1703         (c) The commission division may inspect any area at a pari
 1704  mutuel facility where racing animals are raced, trained, housed,
 1705  or maintained, including any areas where food, medications, or
 1706  other supplies are kept, to ensure the humane treatment of
 1707  racing animals and compliance with this chapter and the rules of
 1708  the commission division.
 1709         (7)(a) In order to protect the safety and welfare of racing
 1710  animals and the integrity of the races in which the animals
 1711  participate, the commission division shall adopt rules
 1712  establishing the conditions of use and maximum concentrations of
 1713  medications, drugs, and naturally occurring substances
 1714  identified in the Controlled Therapeutic Medication Schedule,
 1715  Version 2.1, revised April 17, 2014, adopted by the Association
 1716  of Racing Commissioners International, Inc. Controlled
 1717  therapeutic medications include only the specific medications
 1718  and concentrations allowed in biological samples which have been
 1719  approved by the Association of Racing Commissioners
 1720  International, Inc., as controlled therapeutic medications.
 1721         (b) The commission division rules must designate the
 1722  appropriate biological specimens by which the administration of
 1723  medications, drugs, and naturally occurring substances is
 1724  monitored and must determine the testing methodologies,
 1725  including measurement uncertainties, for screening such
 1726  specimens to confirm the presence of medications, drugs, and
 1727  naturally occurring substances.
 1728         (c) The commission division rules must include a
 1729  classification system for drugs and substances and a
 1730  corresponding penalty schedule for violations which incorporates
 1731  the Uniform Classification Guidelines for Foreign Substances,
 1732  Version 8.0, revised December 2014, by the Association of Racing
 1733  Commissioners International, Inc. The commission division shall
 1734  adopt laboratory screening limits approved by the Association of
 1735  Racing Commissioners International, Inc., for drugs and
 1736  medications that are not included as controlled therapeutic
 1737  medications, the presence of which in a sample may result in a
 1738  violation of this section.
 1739         (d) The commission division rules must include conditions
 1740  for the use of furosemide to treat exercise-induced pulmonary
 1741  hemorrhage.
 1742         (e) The commission division may solicit input from the
 1743  Department of Agriculture and Consumer Services in adopting the
 1744  rules required under this subsection. Such rules must be adopted
 1745  before January 1, 2016.
 1746         (9)(a) The commission division may conduct a postmortem
 1747  examination of any animal that is injured at a permitted
 1748  racetrack while in training or in competition and that
 1749  subsequently expires or is destroyed. The commission division
 1750  may conduct a postmortem examination of any animal that expires
 1751  while housed at a permitted racetrack, association compound, or
 1752  licensed farm. Trainers and owners shall be requested to comply
 1753  with this paragraph as a condition of licensure.
 1754         (b) The commission division may take possession of the
 1755  animal upon death for postmortem examination. The commission
 1756  division may submit blood, urine, other bodily fluid specimens,
 1757  or other tissue specimens collected during a postmortem
 1758  examination for testing by the commission division laboratory or
 1759  its designee. Upon completion of the postmortem examination, the
 1760  carcass must be returned to the owner or disposed of at the
 1761  owner’s option.
 1762         (10) The presence of a prohibited substance in an animal,
 1763  found by the commission division laboratory in a bodily fluid
 1764  specimen collected after the race or during the postmortem
 1765  examination of the animal, which breaks down during a race
 1766  constitutes a violation of this section.
 1767         (11) The cost of postmortem examinations, testing, and
 1768  disposal must be borne by the commission division.
 1769         (12) The commission division shall adopt rules to implement
 1770  this section.
 1771         Section 28. Subsection (4) of section 550.2614, Florida
 1772  Statutes, is amended to read:
 1773         550.2614 Distribution of certain funds to a horsemen’s
 1774  association.—
 1775         (4) The commission division shall adopt rules to facilitate
 1776  the orderly transfer of funds in accordance with this section.
 1777  The commission division shall also monitor the membership rolls
 1778  of the horsemen’s association to ensure that complete, accurate,
 1779  and timely listings are maintained for the purposes specified in
 1780  this section.
 1781         Section 29. Subsection (3) of section 550.26165, Florida
 1782  Statutes, is amended to read:
 1783         550.26165 Breeders’ awards.—
 1784         (3) Breeders’ associations shall submit their plans to the
 1785  commission division at least 60 days before the beginning of the
 1786  payment year. The payment year may be a calendar year or any 12
 1787  month period, but once established, the yearly base may not be
 1788  changed except for compelling reasons. Once a plan is approved,
 1789  the commission division may not allow the plan to be amended
 1790  during the year, except for the most compelling reasons.
 1791         Section 30. Paragraphs (b) and (d) of subsection (2),
 1792  subsections (3) and (4), paragraphs (a), (f), (g), and (h) of
 1793  subsection (5), paragraph (e) of subsection (6), and subsections
 1794  (7) and (8) of section 550.2625, Florida Statutes, are amended
 1795  to read:
 1796         550.2625 Horseracing; minimum purse requirement, Florida
 1797  breeders’ and owners’ awards.—
 1798         (2) Each permitholder conducting a horserace meet is
 1799  required to pay from the takeout withheld on pari-mutuel pools a
 1800  sum for purses in accordance with the type of race performed.
 1801         (b)1. A permitholder conducting a harness horse race meet
 1802  under this chapter must pay to the purse pool from the takeout
 1803  withheld a purse requirement that totals an amount not less than
 1804  8.25 percent of all contributions to pari-mutuel pools conducted
 1805  during the race meet. An amount not less than 7.75 percent of
 1806  the total handle shall be paid from this purse pool as purses.
 1807         2. An amount not to exceed 0.5 percent of the total handle
 1808  on all harness horse races that are subject to the purse
 1809  requirement of subparagraph 1., must be available for use to
 1810  provide medical, dental, surgical, life, funeral, or disability
 1811  insurance benefits for occupational licensees who work at tracks
 1812  in this state at which harness horse races are conducted. Such
 1813  insurance benefits must be paid from the purse pool specified in
 1814  subparagraph 1. An annual plan for payment of insurance benefits
 1815  from the purse pool, including qualifications for eligibility,
 1816  must be submitted by the Florida Standardbred Breeders and
 1817  Owners Association for approval to the commission division. An
 1818  annual report of the implemented plan shall be submitted to the
 1819  commission division. All records of the Florida Standardbred
 1820  Breeders and Owners Association concerning the administration of
 1821  the plan must be available for audit at the discretion of the
 1822  commission division to determine that the plan has been
 1823  implemented and administered as authorized. If the commission
 1824  division finds that the Florida Standardbred Breeders and Owners
 1825  Association has not complied with the provisions of this
 1826  section, the commission division may order the association to
 1827  cease and desist from administering the plan and shall appoint
 1828  the commission division as temporary administrator of the plan
 1829  until the commission division reestablishes administration of
 1830  the plan with the association.
 1831         (d) The commission division shall adopt reasonable rules to
 1832  ensure the timely and accurate payment of all amounts withheld
 1833  by horserace permitholders regarding the distribution of purses,
 1834  owners’ awards, and other amounts collected for payment to
 1835  owners and breeders. Each permitholder that fails to pay out all
 1836  moneys collected for payment to owners and breeders shall,
 1837  within 10 days after the end of the meet during which the
 1838  permitholder underpaid purses, deposit an amount equal to the
 1839  underpayment into a separate interest-bearing account to be
 1840  distributed to owners and breeders in accordance with commission
 1841  division rules.
 1842         (3) Each horseracing permitholder conducting any
 1843  thoroughbred race under this chapter, including any intertrack
 1844  race taken pursuant to ss. 550.615-550.6305 or any interstate
 1845  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 1846  to 0.955 percent on all pari-mutuel pools conducted during any
 1847  such race for the payment of breeders’, stallion, or special
 1848  racing awards as authorized in this chapter. This subsection
 1849  also applies to all Breeder’s Cup races conducted outside this
 1850  state taken pursuant to s. 550.3551(3). On any race originating
 1851  live in this state which is broadcast out-of-state to any
 1852  location at which wagers are accepted pursuant to s.
 1853  550.3551(2), the host track is required to pay 3.475 percent of
 1854  the gross revenue derived from such out-of-state broadcasts as
 1855  breeders’, stallion, or special racing awards. The Florida
 1856  Thoroughbred Breeders’ Association is authorized to receive
 1857  these payments from the permitholders and make payments of
 1858  awards earned. The Florida Thoroughbred Breeders’ Association
 1859  has the right to withhold up to 10 percent of the permitholder’s
 1860  payments under this section as a fee for administering the
 1861  payments of awards and for general promotion of the industry.
 1862  The permitholder shall remit these payments to the Florida
 1863  Thoroughbred Breeders’ Association by the 5th day of each
 1864  calendar month for such sums accruing during the preceding
 1865  calendar month and shall report such payments to the commission
 1866  division as prescribed by the commission division. With the
 1867  exception of the 10-percent fee, the moneys paid by the
 1868  permitholders shall be maintained in a separate, interest
 1869  bearing account, and such payments together with any interest
 1870  earned shall be used exclusively for the payment of breeders’,
 1871  stallion, or special racing awards in accordance with the
 1872  following provisions:
 1873         (a) The breeder of each Florida-bred thoroughbred horse
 1874  winning a thoroughbred horse race is entitled to an award of up
 1875  to, but not exceeding, 20 percent of the announced gross purse,
 1876  including nomination fees, eligibility fees, starting fees,
 1877  supplementary fees, and moneys added by the sponsor of the race.
 1878         (b) The owner or owners of the sire of a Florida-bred
 1879  thoroughbred horse that wins a stakes race is entitled to a
 1880  stallion award of up to, but not exceeding, 20 percent of the
 1881  announced gross purse, including nomination fees, eligibility
 1882  fees, starting fees, supplementary fees, and moneys added by the
 1883  sponsor of the race.
 1884         (c) The owners of thoroughbred horses participating in
 1885  thoroughbred stakes races, nonstakes races, or both may receive
 1886  a special racing award in accordance with the agreement
 1887  established pursuant to s. 550.26165(1).
 1888         (d) In order for a breeder of a Florida-bred thoroughbred
 1889  horse to be eligible to receive a breeder’s award, the horse
 1890  must have been registered as a Florida-bred horse with the
 1891  Florida Thoroughbred Breeders’ Association, and the Jockey Club
 1892  certificate for the horse must show that it has been duly
 1893  registered as a Florida-bred horse as evidenced by the seal and
 1894  proper serial number of the Florida Thoroughbred Breeders’
 1895  Association registry. The Florida Thoroughbred Breeders’
 1896  Association shall be permitted to charge the registrant a
 1897  reasonable fee for this verification and registration.
 1898         (e) In order for an owner of the sire of a thoroughbred
 1899  horse winning a stakes race to be eligible to receive a stallion
 1900  award, the stallion must have been registered with the Florida
 1901  Thoroughbred Breeders’ Association, and the breeding of the
 1902  registered Florida-bred horse must have occurred in this state.
 1903  The stallion must be standing permanently in this state during
 1904  the period of time between February 1 and June 15 of each year
 1905  or, if the stallion is dead, must have stood permanently in this
 1906  state for a period of not less than 1 year immediately prior to
 1907  its death. The removal of a stallion from this state during the
 1908  period of time between February 1 and June 15 of any year for
 1909  any reason, other than exclusively for prescribed medical
 1910  treatment, as approved by the Florida Thoroughbred Breeders’
 1911  Association, renders the owner or owners of the stallion
 1912  ineligible to receive a stallion award under any circumstances
 1913  for offspring sired prior to removal; however, if a removed
 1914  stallion is returned to this state, all offspring sired
 1915  subsequent to the return make the owner or owners of the
 1916  stallion eligible for the stallion award but only for those
 1917  offspring sired subsequent to such return to this state. The
 1918  Florida Thoroughbred Breeders’ Association shall maintain
 1919  complete records showing the date the stallion arrived in this
 1920  state for the first time, whether or not the stallion remained
 1921  in the state permanently, the location of the stallion, and
 1922  whether the stallion is still standing in this state and
 1923  complete records showing awards earned, received, and
 1924  distributed. The association may charge the owner, owners, or
 1925  breeder a reasonable fee for this service.
 1926         (f) A permitholder conducting a thoroughbred horse race
 1927  under the provisions of this chapter shall, within 30 days after
 1928  the end of the race meet during which the race is conducted,
 1929  certify to the Florida Thoroughbred Breeders’ Association such
 1930  information relating to the thoroughbred horses winning a stakes
 1931  or other horserace at the meet as may be required to determine
 1932  the eligibility for payment of breeders’, stallion, and special
 1933  racing awards.
 1934         (g) The Florida Thoroughbred Breeders’ Association shall
 1935  maintain complete records showing the starters and winners in
 1936  all races conducted at thoroughbred tracks in this state; shall
 1937  maintain complete records showing awards earned, received, and
 1938  distributed; and may charge the owner, owners, or breeder a
 1939  reasonable fee for this service.
 1940         (h) The Florida Thoroughbred Breeders’ Association shall
 1941  annually establish a uniform rate and procedure for the payment
 1942  of breeders’ and stallion awards and shall make breeders’ and
 1943  stallion award payments in strict compliance with the
 1944  established uniform rate and procedure plan. The plan may set a
 1945  cap on winnings and may limit, exclude, or defer payments to
 1946  certain classes of races, such as the Florida stallion stakes
 1947  races, in order to assure that there are adequate revenues to
 1948  meet the proposed uniform rate. Such plan must include proposals
 1949  for the general promotion of the industry. Priority shall be
 1950  placed upon imposing such restrictions in lieu of allowing the
 1951  uniform rate to be less than 15 percent of the total purse
 1952  payment. The uniform rate and procedure plan must be approved by
 1953  the commission division before implementation. In the absence of
 1954  an approved plan and procedure, the authorized rate for
 1955  breeders’ and stallion awards is 15 percent of the announced
 1956  gross purse for each race. Such purse must include nomination
 1957  fees, eligibility fees, starting fees, supplementary fees, and
 1958  moneys added by the sponsor of the race. If the funds in the
 1959  account for payment of breeders’ and stallion awards are not
 1960  sufficient to meet all earned breeders’ and stallion awards,
 1961  those breeders and stallion owners not receiving payments have
 1962  first call on any subsequent receipts in that or any subsequent
 1963  year.
 1964         (i) The Florida Thoroughbred Breeders’ Association shall
 1965  keep accurate records showing receipts and disbursements of such
 1966  payments and shall annually file a full and complete report to
 1967  the commission division showing such receipts and disbursements
 1968  and the sums withheld for administration. The commission
 1969  division may audit the records and accounts of the Florida
 1970  Thoroughbred Breeders’ Association to determine that payments
 1971  have been made to eligible breeders and stallion owners in
 1972  accordance with this section.
 1973         (j) If the commission division finds that the Florida
 1974  Thoroughbred Breeders’ Association has not complied with any
 1975  provision of this section, the commission division may order the
 1976  association to cease and desist from receiving funds and
 1977  administering funds received under this section. If the
 1978  commission division enters such an order, the permitholder shall
 1979  make the payments authorized in this section to the commission
 1980  division for deposit into the Pari-mutuel Wagering Trust Fund;
 1981  and any funds in the Florida Thoroughbred Breeders’ Association
 1982  account shall be immediately paid to the commission Division of
 1983  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 1984  Trust Fund. The commission division shall authorize payment from
 1985  these funds to any breeder or stallion owner entitled to an
 1986  award that has not been previously paid by the Florida
 1987  Thoroughbred Breeders’ Association in accordance with the
 1988  applicable rate.
 1989         (4) Each permitholder conducting a harness horse race under
 1990  this chapter shall pay a sum equal to the breaks on all pari
 1991  mutuel pools conducted during that race for the payment of
 1992  breeders’ awards, stallion awards, and stallion stakes and for
 1993  additional expenditures as authorized in this section. The
 1994  Florida Standardbred Breeders and Owners Association is
 1995  authorized to receive these payments from the permitholders and
 1996  make payments as authorized in this subsection. The Florida
 1997  Standardbred Breeders and Owners Association has the right to
 1998  withhold up to 10 percent of the permitholder’s payments under
 1999  this section and under s. 550.2633 as a fee for administering
 2000  these payments. The permitholder shall remit these payments to
 2001  the Florida Standardbred Breeders and Owners Association by the
 2002  5th day of each calendar month for such sums accruing during the
 2003  preceding calendar month and shall report such payments to the
 2004  commission division as prescribed by the commission division.
 2005  With the exception of the 10-percent fee for administering the
 2006  payments and the use of the moneys authorized by paragraph (j),
 2007  the moneys paid by the permitholders shall be maintained in a
 2008  separate, interest-bearing account; and such payments together
 2009  with any interest earned shall be allocated for the payment of
 2010  breeders’ awards, stallion awards, stallion stakes, additional
 2011  purses, and prizes for, and the general promotion of owning and
 2012  breeding of, Florida-bred standardbred horses. Payment of
 2013  breeders’ awards and stallion awards shall be made in accordance
 2014  with the following provisions:
 2015         (a) The breeder of each Florida-bred standardbred horse
 2016  winning a harness horse race is entitled to an award of up to,
 2017  but not exceeding, 20 percent of the announced gross purse,
 2018  including nomination fees, eligibility fees, starting fees,
 2019  supplementary fees, and moneys added by the sponsor of the race.
 2020         (b) The owner or owners of the sire of a Florida-bred
 2021  standardbred horse that wins a stakes race is entitled to a
 2022  stallion award of up to, but not exceeding, 20 percent of the
 2023  announced gross purse, including nomination fees, eligibility
 2024  fees, starting fees, supplementary fees, and moneys added by the
 2025  sponsor of the race.
 2026         (c) In order for a breeder of a Florida-bred standardbred
 2027  horse to be eligible to receive a breeder’s award, the horse
 2028  winning the race must have been registered as a Florida-bred
 2029  horse with the Florida Standardbred Breeders and Owners
 2030  Association and a registration certificate under seal for the
 2031  winning horse must show that the winner has been duly registered
 2032  as a Florida-bred horse as evidenced by the seal and proper
 2033  serial number of the United States Trotting Association
 2034  registry. The Florida Standardbred Breeders and Owners
 2035  Association shall be permitted to charge the registrant a
 2036  reasonable fee for this verification and registration.
 2037         (d) In order for an owner of the sire of a standardbred
 2038  horse winning a stakes race to be eligible to receive a stallion
 2039  award, the stallion must have been registered with the Florida
 2040  Standardbred Breeders and Owners Association, and the breeding
 2041  of the registered Florida-bred horse must have occurred in this
 2042  state. The stallion must be standing permanently in this state
 2043  or, if the stallion is dead, must have stood permanently in this
 2044  state for a period of not less than 1 year immediately prior to
 2045  its death. The removal of a stallion from this state for any
 2046  reason, other than exclusively for prescribed medical treatment,
 2047  renders the owner or the owners of the stallion ineligible to
 2048  receive a stallion award under any circumstances for offspring
 2049  sired prior to removal; however, if a removed stallion is
 2050  returned to this state, all offspring sired subsequent to the
 2051  return make the owner or owners of the stallion eligible for the
 2052  stallion award but only for those offspring sired subsequent to
 2053  such return to this state. The Florida Standardbred Breeders and
 2054  Owners Association shall maintain complete records showing the
 2055  date the stallion arrived in this state for the first time,
 2056  whether or not the stallion remained in the state permanently,
 2057  the location of the stallion, and whether the stallion is still
 2058  standing in this state and complete records showing awards
 2059  earned, received, and distributed. The association may charge
 2060  the owner, owners, or breeder a reasonable fee for this service.
 2061         (e) A permitholder conducting a harness horse race under
 2062  this chapter shall, within 30 days after the end of the race
 2063  meet during which the race is conducted, certify to the Florida
 2064  Standardbred Breeders and Owners Association such information
 2065  relating to the horse winning a stakes or other horserace at the
 2066  meet as may be required to determine the eligibility for payment
 2067  of breeders’ awards and stallion awards.
 2068         (f) The Florida Standardbred Breeders and Owners
 2069  Association shall maintain complete records showing the starters
 2070  and winners in all races conducted at harness horse racetracks
 2071  in this state; shall maintain complete records showing awards
 2072  earned, received, and distributed; and may charge the owner,
 2073  owners, or breeder a reasonable fee for this service.
 2074         (g) The Florida Standardbred Breeders and Owners
 2075  Association shall annually establish a uniform rate and
 2076  procedure for the payment of breeders’ awards, stallion awards,
 2077  stallion stakes, additional purses, and prizes for, and for the
 2078  general promotion of owning and breeding of, Florida-bred
 2079  standardbred horses and shall make award payments and
 2080  allocations in strict compliance with the established uniform
 2081  rate and procedure. The plan may set a cap on winnings, and may
 2082  limit, exclude, or defer payments to certain classes of races,
 2083  such as the Florida Breeders’ stakes races, in order to assure
 2084  that there are adequate revenues to meet the proposed uniform
 2085  rate. Priority shall be placed on imposing such restrictions in
 2086  lieu of allowing the uniform rate allocated to payment of
 2087  breeder and stallion awards to be less than 10 percent of the
 2088  total purse payment. The uniform rate and procedure must be
 2089  approved by the commission division before implementation. In
 2090  the absence of an approved plan and procedure, the authorized
 2091  rate for breeders’ and stallion awards is 10 percent of the
 2092  announced gross purse for each race. Such purse must include
 2093  nomination fees, eligibility fees, starting fees, supplementary
 2094  fees, and moneys added by the sponsor of the race. If the funds
 2095  in the account for payment of breeders’ and stallion awards are
 2096  not sufficient to meet all earned breeders’ and stallion awards,
 2097  those breeders and stallion owners not receiving payments have
 2098  first call on any subsequent receipts in that or any subsequent
 2099  year.
 2100         (h) The Florida Standardbred Breeders and Owners
 2101  Association shall keep accurate records showing receipts and
 2102  disbursements of such payments and shall annually file a full
 2103  and complete report to the commission division showing such
 2104  receipts and disbursements and the sums withheld for
 2105  administration. The commission division may audit the records
 2106  and accounts of the Florida Standardbred Breeders and Owners
 2107  Association to determine that payments have been made to
 2108  eligible breeders, stallion owners, and owners of Florida-bred
 2109  standardbred horses in accordance with this section.
 2110         (i) If the commission division finds that the Florida
 2111  Standardbred Breeders and Owners Association has not complied
 2112  with any provision of this section, the commission division may
 2113  order the association to cease and desist from receiving funds
 2114  and administering funds received under this section and under s.
 2115  550.2633. If the commission division enters such an order, the
 2116  permitholder shall make the payments authorized in this section
 2117  and s. 550.2633 to the commission division for deposit into the
 2118  Pari-mutuel Wagering Trust Fund; and any funds in the Florida
 2119  Standardbred Breeders and Owners Association account shall be
 2120  immediately paid to the commission division for deposit to the
 2121  Pari-mutuel Wagering Trust Fund. The commission division shall
 2122  authorize payment from these funds to any breeder, stallion
 2123  owner, or owner of a Florida-bred standardbred horse entitled to
 2124  an award that has not been previously paid by the Florida
 2125  Standardbred Breeders and Owners Association in accordance with
 2126  the applicable rate.
 2127         (j) The board of directors of the Florida Standardbred
 2128  Breeders and Owners Association may authorize the release of up
 2129  to 25 percent of the funds available for breeders’ awards,
 2130  stallion awards, stallion stakes, additional purses, and prizes
 2131  for, and for the general promotion of owning and breeding of,
 2132  Florida-bred standardbred horses to be used for purses for, and
 2133  promotion of, Florida-bred standardbred horses at race meetings
 2134  at which there is no pari-mutuel wagering unless, and to the
 2135  extent that, such release would render the funds available for
 2136  such awards insufficient to pay the breeders’ and stallion
 2137  awards earned pursuant to the annual plan of the association.
 2138  Any such funds so released and used for purses are not
 2139  considered to be an “announced gross purse” as that term is used
 2140  in paragraphs (a) and (b), and no breeders’ or stallion awards,
 2141  stallion stakes, or owner awards are required to be paid for
 2142  standardbred horses winning races in meetings at which there is
 2143  no pari-mutuel wagering. The amount of purses to be paid from
 2144  funds so released and the meets eligible to receive such funds
 2145  for purses must be approved by the board of directors of the
 2146  Florida Standardbred Breeders and Owners Association.
 2147         (5)(a) Except as provided in subsections (7) and (8), each
 2148  permitholder conducting a quarter horse race meet under this
 2149  chapter shall pay a sum equal to the breaks plus a sum equal to
 2150  1 percent of all pari-mutuel pools conducted during that race
 2151  for supplementing and augmenting purses and prizes and for the
 2152  general promotion of owning and breeding of racing quarter
 2153  horses in this state as authorized in this section. The Florida
 2154  Quarter Horse Breeders and Owners Association is authorized to
 2155  receive these payments from the permitholders and make payments
 2156  as authorized in this subsection. The Florida Quarter Horse
 2157  Breeders and Owners Association, Inc., referred to in this
 2158  chapter as the Florida Quarter Horse Breeders and Owners
 2159  Association, has the right to withhold up to 10 percent of the
 2160  permitholder’s payments under this section and under s. 550.2633
 2161  as a fee for administering these payments. The permitholder
 2162  shall remit these payments to the Florida Quarter Horse Breeders
 2163  and Owners Association by the 5th day of each calendar month for
 2164  such sums accruing during the preceding calendar month and shall
 2165  report such payments to the commission division as prescribed by
 2166  the commission division. With the exception of the 5-percent fee
 2167  for administering the payments, the moneys paid by the
 2168  permitholders shall be maintained in a separate, interest
 2169  bearing account.
 2170         (f) The Florida Quarter Horse Breeders and Owners
 2171  Association shall keep accurate records showing receipts and
 2172  disbursements of payments made under this section and shall
 2173  annually file a full and complete report to the commission
 2174  division showing such receipts and disbursements and the sums
 2175  withheld for administration. The commission division may audit
 2176  the records and accounts of the Florida Quarter Horse Breeders
 2177  and Owners Association to determine that payments have been made
 2178  in accordance with this section.
 2179         (g) The Florida Quarter Horse Breeders and Owners
 2180  Association shall annually establish a plan for supplementing
 2181  and augmenting purses and prizes and for the general promotion
 2182  of owning and breeding Florida-bred racing quarter horses and
 2183  shall make award payments and allocations in strict compliance
 2184  with the annual plan. The annual plan must be approved by the
 2185  commission division before implementation. If the funds in the
 2186  account for payment of purses and prizes are not sufficient to
 2187  meet all purses and prizes to be awarded, those breeders and
 2188  owners not receiving payments have first call on any subsequent
 2189  receipts in that or any subsequent year.
 2190         (h) If the commission division finds that the Florida
 2191  Quarter Horse Breeders and Owners Association has not complied
 2192  with any provision of this section, the commission division may
 2193  order the association to cease and desist from receiving funds
 2194  and administering funds received under this section and s.
 2195  550.2633. If the commission division enters such an order, the
 2196  permitholder shall make the payments authorized in this section
 2197  and s. 550.2633 to the commission division for deposit into the
 2198  Pari-mutuel Wagering Trust Fund, and any funds in the Florida
 2199  Quarter Horse Breeders and Owners Association account shall be
 2200  immediately paid to the commission division for deposit to the
 2201  Pari-mutuel Wagering Trust Fund. The commission division shall
 2202  authorize payment from these funds to any breeder or owner of a
 2203  quarter horse entitled to an award that has not been previously
 2204  paid by the Florida Quarter Horse Breeders and Owners
 2205  Association in accordance with this section.
 2206         (6)
 2207         (e) This subsection governs owners’ awards paid on
 2208  thoroughbred horse races only in this state, unless a written
 2209  agreement is filed with the commission division establishing the
 2210  rate, procedures, and eligibility requirements for owners’
 2211  awards, including place of finish, class of race, maximum purse,
 2212  and maximum award, and the agreement is entered into by the
 2213  permitholder, the Florida Thoroughbred Breeders’ Association,
 2214  and the association representing a majority of the racehorse
 2215  owners and trainers at the permitholder’s location.
 2216         (7)(a) Each permitholder that conducts race meets under
 2217  this chapter and runs Appaloosa races shall pay to the
 2218  commission division a sum equal to the breaks plus a sum equal
 2219  to 1 percent of the total contributions to each pari-mutuel pool
 2220  conducted on each Appaloosa race. The payments shall be remitted
 2221  to the commission division by the 5th day of each calendar month
 2222  for sums accruing during the preceding calendar month.
 2223         (b) The commission division shall deposit these collections
 2224  to the credit of the General Inspection Trust Fund in a special
 2225  account to be known as the “Florida Appaloosa Racing Promotion
 2226  Account.” The Department of Agriculture and Consumer Services
 2227  shall administer the funds and adopt suitable and reasonable
 2228  rules for the administration thereof. The moneys in the Florida
 2229  Appaloosa Racing Promotion Account shall be allocated solely for
 2230  supplementing and augmenting purses and prizes and for the
 2231  general promotion of owning and breeding of racing Appaloosas in
 2232  this state; and the moneys may not be used to defray any expense
 2233  of the Department of Agriculture and Consumer Services in the
 2234  administration of this chapter.
 2235         (8) Each permitholder that conducts race meets under this
 2236  chapter and runs Arabian horse races shall pay to the commission
 2237  division a sum equal to the breaks plus a sum equal to 1 percent
 2238  of the total contributions to each pari-mutuel pool conducted on
 2239  each Arabian horse race. The payments shall be remitted to the
 2240  commission division by the 5th day of each calendar month for
 2241  sums accruing during the preceding calendar month.
 2242         Section 31. Subsections (1), (3), (5), and (6), paragraph
 2243  (a) of subsection (8), and subsections (9), (10), and (11) of
 2244  section 550.26352, Florida Statutes, are amended to read:
 2245         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
 2246  taxes; credits; transmission of races; rules; application.—
 2247         (1) Notwithstanding any provision of this chapter to the
 2248  contrary, there is hereby created a special thoroughbred race
 2249  meet which shall be designated as the “Breeders’ Cup Meet.” The
 2250  Breeders’ Cup Meet shall be conducted at the facility of the
 2251  Florida permitholder selected by Breeders’ Cup Limited to
 2252  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
 2253  consist of 3 days: the day on which the Breeders’ Cup races are
 2254  conducted, the preceding day, and the subsequent day. Upon the
 2255  selection of the Florida permitholder as host for the Breeders’
 2256  Cup Meet and application by the selected permitholder, the
 2257  commission division shall issue a license to the selected
 2258  permitholder to operate the Breeders’ Cup Meet. Notwithstanding
 2259  s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
 2260  dates which the selected permitholder is not otherwise
 2261  authorized to conduct a race meet.
 2262         (3) If the permitholder conducting the Breeders’ Cup Meet
 2263  is located within 35 miles of one or more permitholders
 2264  scheduled to conduct a thoroughbred race meet on any of the 3
 2265  days of the Breeders’ Cup Meet, then operation on any of those 3
 2266  days by the other permitholders is prohibited. As compensation
 2267  for the loss of racing days caused thereby, such operating
 2268  permitholders shall receive a credit against the taxes otherwise
 2269  due and payable to the state under ss. 550.0951 and 550.09515.
 2270  This credit shall be in an amount equal to the operating loss
 2271  determined to have been suffered by the operating permitholders
 2272  as a result of not operating on the prohibited racing days, but
 2273  shall not exceed a total of $950,000. The determination of the
 2274  amount to be credited shall be made by the commission division
 2275  upon application by the operating permitholder. The tax credits
 2276  provided in this subsection shall not be available unless an
 2277  operating permitholder is required to close a bona fide meet
 2278  consisting in part of no fewer than 10 scheduled performances in
 2279  the 15 days immediately preceding or 10 scheduled performances
 2280  in the 15 days immediately following the Breeders’ Cup Meet.
 2281  Such tax credit shall be in lieu of any other compensation or
 2282  consideration for the loss of racing days. There shall be no
 2283  replacement or makeup of any lost racing days.
 2284         (5) The permitholder conducting the Breeders’ Cup Meet
 2285  shall receive a credit against the taxes otherwise due and
 2286  payable to the state under ss. 550.0951 and 550.09515 generated
 2287  during said permitholder’s next ensuing regular thoroughbred
 2288  race meet. This credit shall be in an amount not to exceed
 2289  $950,000 and shall be utilized by the permitholder to pay the
 2290  purses offered by the permitholder during the Breeders’ Cup Meet
 2291  in excess of the purses which the permitholder is otherwise
 2292  required by law to pay. The amount to be credited shall be
 2293  determined by the commission division upon application of the
 2294  permitholder which is subject to audit by the commission
 2295  division.
 2296         (6) The permitholder conducting the Breeders’ Cup Meet
 2297  shall receive a credit against the taxes otherwise due and
 2298  payable to the state under ss. 550.0951 and 550.09515 generated
 2299  during said permitholder’s next ensuing regular thoroughbred
 2300  race meet. This credit shall be in an amount not to exceed
 2301  $950,000 and shall be utilized by the permitholder for such
 2302  capital improvements and extraordinary expenses as may be
 2303  necessary for operation of the Breeders’ Cup Meet. The amount to
 2304  be credited shall be determined by the commission division upon
 2305  application of the permitholder which is subject to audit by the
 2306  commission division.
 2307         (8)(a) Pursuant to s. 550.3551(2), the permitholder
 2308  conducting the Breeders’ Cup Meet is authorized to transmit
 2309  broadcasts of the races conducted during the Breeders’ Cup Meet
 2310  to locations outside of this state for wagering purposes. The
 2311  commission division may approve broadcasts to pari-mutuel
 2312  permitholders and other betting systems authorized under the
 2313  laws of any other state or country. Wagers accepted by any out
 2314  of-state pari-mutuel permitholder or betting system on any races
 2315  broadcast under this section may be, but are not required to be,
 2316  commingled with the pari-mutuel pools of the permitholder
 2317  conducting the Breeders’ Cup Meet. The calculation of any payoff
 2318  on national pari-mutuel pools with commingled wagers may be
 2319  performed by the permitholder’s totalisator contractor at a
 2320  location outside of this state. Pool amounts from wagers placed
 2321  at pari-mutuel facilities or other betting systems in foreign
 2322  countries before being commingled with the pari-mutuel pool of
 2323  the Florida permitholder conducting the Breeders’ Cup Meet shall
 2324  be calculated by the totalisator contractor and transferred to
 2325  the commingled pool in United States currency in cycles
 2326  customarily used by the permitholder. Pool amounts from wagers
 2327  placed at any foreign pari-mutuel facility or other betting
 2328  system shall not be commingled with a Florida pool until a
 2329  determination is made by the commission division that the
 2330  technology utilized by the totalisator contractor is adequate to
 2331  assure commingled pools will result in the calculation of
 2332  accurate payoffs to Florida bettors. Any totalisator contractor
 2333  at a location outside of this state shall comply with the
 2334  provisions of s. 550.495 relating to totalisator licensing.
 2335         (9) The exemption from the tax credits provided in
 2336  subsections (5) and (6) shall not be granted and shall not be
 2337  claimed by the permitholder until an audit is completed by the
 2338  commission division. The commission division is required to
 2339  complete the audit within 30 days of receipt of the necessary
 2340  documentation from the permitholder to verify the permitholder’s
 2341  claim for tax credits. If the documentation submitted by the
 2342  permitholder is incomplete or is insufficient to document the
 2343  permitholder’s claim for tax credits, the commission division
 2344  may request such additional documentation as is necessary to
 2345  complete the audit. Upon receipt of the commission’s division’s
 2346  written request for additional documentation, the 30-day time
 2347  limitation will commence anew.
 2348         (10) The commission division is authorized to adopt such
 2349  rules as are necessary to facilitate the conduct of the
 2350  Breeders’ Cup Meet as authorized in this section. Included
 2351  within this grant of authority shall be the adoption or waiver
 2352  of rules regarding the overall conduct of racing during the
 2353  Breeders’ Cup Meet so as to ensure the integrity of the races,
 2354  licensing for all participants, special stabling and training
 2355  requirements for foreign horses, commingling of pari-mutuel
 2356  pools, and audit requirements for tax credits and other
 2357  benefits.
 2358         (11) Any dispute between the commission division and any
 2359  permitholder regarding the tax credits authorized under
 2360  subsection (3), subsection (5), or subsection (6) shall be
 2361  determined by a hearing officer of the Division of
 2362  Administrative Hearings under the provisions of s. 120.57(1).
 2363         Section 32. Subsections (1), (5), (6), and (8) of section
 2364  550.2704, Florida Statutes, are amended to read:
 2365         550.2704 Jai Alai Tournament of Champions Meet.—
 2366         (1) Notwithstanding any provision of this chapter, there is
 2367  hereby created a special jai alai meet which shall be designated
 2368  as the “Jai Alai Tournament of Champions Meet” and which shall
 2369  be hosted by the Florida jai alai permitholders selected by the
 2370  National Association of Jai Alai Frontons, Inc., to conduct such
 2371  meet. The meet shall consist of three qualifying performances
 2372  and a final performance, each of which is to be conducted on
 2373  different days. Upon the selection of the Florida permitholders
 2374  for the meet, and upon application by the selected
 2375  permitholders, the commission Division of Pari-mutuel Wagering
 2376  shall issue a license to each of the selected permitholders to
 2377  operate the meet. The meet may be conducted during a season in
 2378  which the permitholders selected to conduct the meet are not
 2379  otherwise authorized to conduct a meet. Notwithstanding anything
 2380  herein to the contrary, any Florida permitholder who is to
 2381  conduct a performance which is a part of the Jai Alai Tournament
 2382  of Champions Meet shall not be required to apply for the license
 2383  for said meet if it is to be run during the regular season for
 2384  which such permitholder has a license.
 2385         (5) In addition to the credit authorized in subsection (4),
 2386  the Jai Alai Tournament of Champions Meet permitholders shall
 2387  receive a credit against the taxes, otherwise due and payable
 2388  under s. 550.0951 or s. 550.09511, generated during said
 2389  permitholders’ current regular meet, in an amount not to exceed
 2390  the aggregate amount of $150,000, which shall be prorated
 2391  equally between the permitholders, and shall be utilized by the
 2392  permitholders for such capital improvements and extraordinary
 2393  expenses, including marketing expenses, as may be necessary for
 2394  the operation of the meet. The determination of the amount to be
 2395  credited shall be made by the commission division upon
 2396  application of said permitholders.
 2397         (6) The permitholder shall be entitled to said
 2398  permitholder’s pro rata share of the $150,000 tax credit
 2399  provided in subsection (5) without having to make application,
 2400  so long as appropriate documentation to substantiate said
 2401  expenditures thereunder is provided to the commission division
 2402  within 30 days following said Jai Alai Tournament of Champions
 2403  Meet.
 2404         (8) The commission division is authorized to adopt such
 2405  rules as are necessary to facilitate the conduct of the Jai Alai
 2406  Tournament of Champions Meet as authorized in this section.
 2407  Included within this grant of authority shall be the adoption of
 2408  rules regarding the overall conduct of the tournament so as to
 2409  ensure the integrity of the event, licensing for participants,
 2410  commingling of pari-mutuel pools, and audit requirements for tax
 2411  credits and exemptions.
 2412         Section 33. Subsections (3) and (5) of section 550.334,
 2413  Florida Statutes, are amended to read:
 2414         550.334 Quarter horse racing; substitutions.—
 2415         (3) Quarter horses participating in such races must be duly
 2416  registered by the American Quarter Horse Association, and before
 2417  each race such horses must be examined and declared in fit
 2418  condition by a qualified person designated by the commission
 2419  division.
 2420         (5) Any quarter horse racing permitholder operating under a
 2421  valid permit issued by the commission division is authorized to
 2422  substitute races of other breeds of horses which are,
 2423  respectively, registered with the American Paint Horse
 2424  Association, Appaloosa Horse Club, Arabian Horse Registry of
 2425  America, Palomino Horse Breeders of America, United States
 2426  Trotting Association, Florida Cracker Horse Association, or
 2427  Jockey Club for no more than 50 percent of the quarter horse
 2428  races during its meet.
 2429         Section 34. Subsection (2) of section 550.3345, Florida
 2430  Statutes, is amended to read:
 2431         550.3345 Conversion of quarter horse permit to a limited
 2432  thoroughbred permit.—
 2433         (2) Notwithstanding any other provision of law, the holder
 2434  of a quarter horse racing permit issued under s. 550.334 may,
 2435  within 1 year after the effective date of this section, apply to
 2436  the commission division for a transfer of the quarter horse
 2437  racing permit to a not-for-profit corporation formed under state
 2438  law to serve the purposes of the state as provided in subsection
 2439  (1). The board of directors of the not-for-profit corporation
 2440  must be comprised of 11 members, 4 of whom shall be designated
 2441  by the applicant, 4 of whom shall be designated by the Florida
 2442  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2443  designated by the other 8 directors, with at least 1 of these 3
 2444  members being an authorized representative of another
 2445  thoroughbred permitholder in this state. The not-for-profit
 2446  corporation shall submit an application to the commission
 2447  division for review and approval of the transfer in accordance
 2448  with s. 550.054. Upon approval of the transfer by the commission
 2449  division, and notwithstanding any other provision of law to the
 2450  contrary, the not-for-profit corporation may, within 1 year
 2451  after its receipt of the permit, request that the commission
 2452  division convert the quarter horse racing permit to a permit
 2453  authorizing the holder to conduct pari-mutuel wagering meets of
 2454  thoroughbred racing. Neither the transfer of the quarter horse
 2455  racing permit nor its conversion to a limited thoroughbred
 2456  permit shall be subject to the mileage limitation or the
 2457  ratification election as set forth under s. 550.054(2) or s.
 2458  550.0651. Upon receipt of the request for such conversion, the
 2459  commission division shall timely issue a converted permit. The
 2460  converted permit and the not-for-profit corporation shall be
 2461  subject to the following requirements:
 2462         (a) All net revenues derived by the not-for-profit
 2463  corporation under the thoroughbred horse racing permit and any
 2464  license issued to the not-for-profit corporation under chapter
 2465  849, after the funding of operating expenses and capital
 2466  improvements, shall be dedicated to the enhancement of
 2467  thoroughbred purses and breeders’, stallion, and special racing
 2468  awards under this chapter; the general promotion of the
 2469  thoroughbred horse breeding industry; and the care in this state
 2470  of thoroughbred horses retired from racing.
 2471         (b) From December 1 through April 30, no live thoroughbred
 2472  racing may be conducted under the permit on any day during which
 2473  another thoroughbred permitholder is conducting live
 2474  thoroughbred racing within 125 air miles of the not-for-profit
 2475  corporation’s pari-mutuel facility unless the other thoroughbred
 2476  permitholder gives its written consent.
 2477         (c) After the conversion of the quarter horse racing permit
 2478  and the issuance of its initial license to conduct pari-mutuel
 2479  wagering meets of thoroughbred racing, the not-for-profit
 2480  corporation shall annually apply to the commission division for
 2481  a license pursuant to s. 550.5251.
 2482         (d) Racing under the permit may take place only at the
 2483  location for which the original quarter horse racing permit was
 2484  issued, which may be leased by the not-for-profit corporation
 2485  for that purpose; however, the not-for-profit corporation may,
 2486  without the conduct of any ratification election pursuant to s.
 2487  550.054(13) or s. 550.0651, move the location of the permit to
 2488  another location in the same county provided that such
 2489  relocation is approved under the zoning and land use regulations
 2490  of the applicable county or municipality.
 2491         (e) A permit converted under this section and a license
 2492  issued to the not-for-profit corporation under chapter 849 are
 2493  not eligible for transfer to another person or entity.
 2494         Section 35. Section 550.3355, Florida Statutes, is amended
 2495  to read:
 2496         550.3355 Harness track licenses for summer quarter horse
 2497  racing.—Any harness track licensed to operate under the
 2498  provisions of s. 550.375 may make application for, and shall be
 2499  issued by the commission division, a license to operate not more
 2500  than 50 quarter horse racing days during the summer season,
 2501  which shall extend from July 1 until October 1 of each year.
 2502  However, this license to operate quarter horse racing for 50
 2503  days is in addition to the racing days and dates provided in s.
 2504  550.375 for harness racing during the winter seasons; and, it
 2505  does not affect the right of such licensee to operate harness
 2506  racing at the track as provided in s. 550.375 during the winter
 2507  season. All provisions of this chapter governing quarter horse
 2508  racing not in conflict herewith apply to the operation of
 2509  quarter horse meetings authorized hereunder, except that all
 2510  quarter horse racing permitted hereunder shall be conducted at
 2511  night.
 2512         Section 36. Paragraph (a) of subsection (6) and subsections
 2513  (10) and (13) of section 550.3551, Florida Statutes, are amended
 2514  to read:
 2515         550.3551 Transmission of racing and jai alai information;
 2516  commingling of pari-mutuel pools.—
 2517         (6)(a) A permitholder conducting live races or games may
 2518  not conduct fewer than eight live races or games on any
 2519  authorized race day except as provided in this subsection. A
 2520  thoroughbred permitholder may not conduct fewer than eight live
 2521  races on any race day without the written approval of the
 2522  Florida Thoroughbred Breeders’ Association and the Florida
 2523  Horsemen’s Benevolent and Protective Association, Inc., unless
 2524  it is determined by the commission department that another
 2525  entity represents a majority of the thoroughbred racehorse
 2526  owners and trainers in the state. If conducting live racing, a
 2527  harness permitholder may conduct fewer than eight live races on
 2528  any authorized race day. Any harness horse permitholder may
 2529  receive full-card broadcasts of harness horse races conducted at
 2530  harness racetracks outside this state at the harness track of
 2531  the permitholder and accept wagers on such harness races.
 2532         (10) The commission division may adopt rules necessary to
 2533  facilitate commingling of pari-mutuel pools, to ensure the
 2534  proper calculation of payoffs in circumstances in which
 2535  different commission percentages are applicable and to regulate
 2536  the distribution of net proceeds between the horse track and, in
 2537  this state, the horsemen’s associations.
 2538         (13) This section does not prohibit the commingling of
 2539  national pari-mutuel pools by a totalisator company that is
 2540  licensed under this chapter. Such commingling of national pools
 2541  is subject to commission division review and approval and must
 2542  be performed in accordance with rules adopted by the commission
 2543  division to ensure accurate calculation and distribution of the
 2544  pools.
 2545         Section 37. Subsections (3), (4), and (5) of section
 2546  550.3615, Florida Statutes, are amended to read:
 2547         550.3615 Bookmaking on the grounds of a permitholder;
 2548  penalties; reinstatement; duties of track employees; penalty;
 2549  exceptions.—
 2550         (3) Any person who has been convicted of bookmaking in this
 2551  state or any other state of the United States or any foreign
 2552  country shall be denied admittance to and shall not attend any
 2553  pari-mutuel facility in this state during its racing seasons or
 2554  operating dates, including any practice or preparational days,
 2555  for a period of 2 years after the date of conviction or the date
 2556  of final appeal. Following the conclusion of the period of
 2557  ineligibility, the director of the commission division may
 2558  authorize the reinstatement of an individual following a hearing
 2559  on readmittance. Any such person who knowingly violates this
 2560  subsection commits a misdemeanor of the first degree, punishable
 2561  as provided in s. 775.082 or s. 775.083.
 2562         (4) If the activities of a person show that this law is
 2563  being violated, and such activities are either witnessed by or
 2564  are common knowledge of any pari-mutuel facility employee, it is
 2565  the duty of that employee to bring the matter to the immediate
 2566  attention of the permitholder, manager, or her or his designee,
 2567  who shall notify a law enforcement agency having jurisdiction.
 2568  Willful failure by the pari-mutuel facility employee to comply
 2569  with the provisions of this subsection is a ground for the
 2570  commission division to suspend or revoke that employee’s license
 2571  for pari-mutuel facility employment.
 2572         (5) Each permittee shall display, in conspicuous places at
 2573  a pari-mutuel facility and in all race and jai alai daily
 2574  programs, a warning to all patrons concerning the prohibition
 2575  and penalties of bookmaking contained in this section and s.
 2576  849.25. The commission division shall adopt rules concerning the
 2577  uniform size of all warnings and the number of placements
 2578  throughout a pari-mutuel facility. Failure on the part of the
 2579  permittee to display such warnings may result in the imposition
 2580  of a $500 fine by the commission division for each offense.
 2581         Section 38. Subsections (2) and (3) of section 550.375,
 2582  Florida Statutes, are amended to read:
 2583         550.375 Operation of certain harness tracks.—
 2584         (2) Any permittee or licensee authorized under this section
 2585  to transfer the location of its permit may conduct harness
 2586  racing only between the hours of 7 p.m. and 2 a.m. A permit so
 2587  transferred applies only to the locations provided in this
 2588  section. The provisions of this chapter which prohibit the
 2589  location and operation of a licensed harness track permittee and
 2590  licensee within 100 air miles of the location of a racetrack
 2591  authorized to conduct racing under this chapter and which
 2592  prohibit the commission division from granting any permit to a
 2593  harness track at a location in the area in which there are three
 2594  horse tracks located within 100 air miles thereof do not apply
 2595  to a licensed harness track that is required by the terms of
 2596  this section to race between the hours of 7 p.m. and 2 a.m.
 2597         (3) A permit may not be issued by the commission division
 2598  for the operation of a harness track within 75 air miles of a
 2599  location of a harness track licensed and operating under this
 2600  chapter.
 2601         Section 39. Subsection (1), paragraphs (a), (b), (c), (d),
 2602  (e), and (g) of subsection (2), and subsections (3), (4), and
 2603  (5) of section 550.495, Florida Statutes, are amended to read:
 2604         550.495 Totalisator licensing.—
 2605         (1) A totalisator may not be operated at a pari-mutuel
 2606  facility in this state, or at a facility located in or out of
 2607  this state which is used as the primary totalisator for a race
 2608  or game conducted in this state, unless the totalisator company
 2609  possesses a business license issued by the commission division.
 2610         (2)(a) Each totalisator company must apply to the
 2611  commission division for an annual business license. The
 2612  application must include such information as the commission
 2613  division by rule requires.
 2614         (b) As a part of its license application, each totalisator
 2615  company must agree in writing to pay to the commission division
 2616  an amount equal to the loss of any state revenues from missed or
 2617  canceled races, games, or performances due to acts of the
 2618  totalisator company or its agents or employees or failures of
 2619  the totalisator system, except for circumstances beyond the
 2620  control of the totalisator company or agent or employee, as
 2621  determined by the commission division.
 2622         (c) Each totalisator company must file with the commission
 2623  division a performance bond, acceptable to the commission
 2624  division, in the sum of $250,000 issued by a surety approved by
 2625  the commission division or must file proof of insurance,
 2626  acceptable to the commission division, against financial loss in
 2627  the amount of $250,000, insuring the state against such a
 2628  revenue loss.
 2629         (d) In the event of a loss of state tax revenues, the
 2630  commission division shall determine:
 2631         1. The estimated revenue lost as a result of missed or
 2632  canceled races, games, or performances;
 2633         2. The number of races, games, or performances which is
 2634  practicable for the permitholder to conduct in an attempt to
 2635  mitigate the revenue loss; and
 2636         3. The amount of the revenue loss which the makeup races,
 2637  games, or performances will not recover and for which the
 2638  totalisator company is liable.
 2639         (e) Upon the making of such determinations, the commission
 2640  division shall issue to the totalisator company and to the
 2641  affected permitholder an order setting forth the determinations
 2642  of the commission division.
 2643         (g) Upon the failure of the totalisator company to make the
 2644  payment found to be due the state, the commission division may
 2645  cause the forfeiture of the bond or may proceed against the
 2646  insurance contract, and the proceeds of the bond or contract
 2647  shall be deposited into the Pari-mutuel Wagering Trust Fund. If
 2648  that bond was not posted or insurance obtained, the commission
 2649  division may proceed against any assets of the totalisator
 2650  company to collect the amounts due under this subsection.
 2651         (3) If the applicant meets the requirements of this section
 2652  and commission division rules and pays the license fee, the
 2653  commission division shall issue the license.
 2654         (4) Each totalisator company shall conduct operations in
 2655  accordance with rules adopted by the commission division, in
 2656  such form, content, and frequency as the commission division by
 2657  rule determines.
 2658         (5) The commission division and its representatives may
 2659  enter and inspect any area of the premises of a licensed
 2660  totalisator company, and may examine totalisator records, during
 2661  the licensee’s regular business or operating hours.
 2662         Section 40. Paragraphs (a) and (b) of subsection (1) and
 2663  subsections (2), (3), (4), (5), and (6) of section 550.505,
 2664  Florida Statutes, are amended to read:
 2665         550.505 Nonwagering permits.—
 2666         (1)(a) Except as provided in this section, permits and
 2667  licenses issued by the commission division are intended to be
 2668  used for pari-mutuel wagering operations in conjunction with
 2669  horseraces, dograces, or jai alai performances.
 2670         (b) Subject to the requirements of this section, the
 2671  commission division is authorized to issue permits for the
 2672  conduct of horseracing meets without pari-mutuel wagering or any
 2673  other form of wagering being conducted in conjunction therewith.
 2674  Such permits shall be known as nonwagering permits and may be
 2675  issued only for horseracing meets. A horseracing permitholder
 2676  need not obtain an additional permit from the commission
 2677  division for conducting nonwagering racing under this section,
 2678  but must apply to the commission division for the issuance of a
 2679  license under this section. The holder of a nonwagering permit
 2680  is prohibited from conducting pari-mutuel wagering or any other
 2681  form of wagering in conjunction with racing conducted under the
 2682  permit. Nothing in this subsection prohibits horseracing for any
 2683  stake, purse, prize, or premium.
 2684         (2)(a) Any person not prohibited from holding any type of
 2685  pari-mutuel permit under s. 550.1815 shall be allowed to apply
 2686  to the commission division for a nonwagering permit. The
 2687  applicant must demonstrate that the location or locations where
 2688  the nonwagering permit will be used are available for such use
 2689  and that the applicant has the financial ability to satisfy the
 2690  reasonably anticipated operational expenses of the first racing
 2691  year following final issuance of the nonwagering permit. If the
 2692  racing facility is already built, the application must contain a
 2693  statement, with reasonable supporting evidence, that the
 2694  nonwagering permit will be used for horseracing within 1 year
 2695  after the date on which it is granted. If the facility is not
 2696  already built, the application must contain a statement, with
 2697  reasonable supporting evidence, that substantial construction
 2698  will be started within 1 year after the issuance of the
 2699  nonwagering permit.
 2700         (b) The commission division may conduct an eligibility
 2701  investigation to determine if the applicant meets the
 2702  requirements of paragraph (a).
 2703         (3)(a) Upon receipt of a nonwagering permit, the
 2704  permitholder must apply to the commission division before June 1
 2705  of each year for an annual nonwagering license for the next
 2706  succeeding calendar year. Such application must set forth the
 2707  days and locations at which the permitholder will conduct
 2708  nonwagering horseracing and must indicate any changes in
 2709  ownership or management of the permitholder occurring since the
 2710  date of application for the prior license.
 2711         (b) On or before August 1 of each year, the commission
 2712  division shall issue a license authorizing the nonwagering
 2713  permitholder to conduct nonwagering horseracing during the
 2714  succeeding calendar year during the period and for the number of
 2715  days set forth in the application, subject to all other
 2716  provisions of this section.
 2717         (c) The commission division may conduct an eligibility
 2718  investigation to determine the qualifications of any new
 2719  ownership or management interest in the permit.
 2720         (4) Upon the approval of racing dates by the commission
 2721  division, the commission division shall issue an annual
 2722  nonwagering license to the nonwagering permitholder.
 2723         (5) Only horses registered with an established breed
 2724  registration organization, which organization shall be approved
 2725  by the commission division, shall be raced at any race meeting
 2726  authorized by this section.
 2727         (6) The commission division may order any person
 2728  participating in a nonwagering meet to cease and desist from
 2729  participating in such meet if the commission division determines
 2730  the person to be not of good moral character in accordance with
 2731  s. 550.1815. The commission division may order the operators of
 2732  a nonwagering meet to cease and desist from operating the meet
 2733  if the commission division determines the meet is being operated
 2734  for any illegal purpose.
 2735         Section 41. Subsection (1) of section 550.5251, Florida
 2736  Statutes, is amended to read:
 2737         550.5251 Florida thoroughbred racing; certain permits;
 2738  operating days.—
 2739         (1) Each thoroughbred permitholder shall annually, during
 2740  the period commencing December 15 of each year and ending
 2741  January 4 of the following year, file in writing with the
 2742  commission division its application to conduct one or more
 2743  thoroughbred racing meetings during the thoroughbred racing
 2744  season commencing on the following July 1. Each application
 2745  shall specify the number and dates of all performances that the
 2746  permitholder intends to conduct during that thoroughbred racing
 2747  season. On or before March 15 of each year, the commission
 2748  division shall issue a license authorizing each permitholder to
 2749  conduct performances on the dates specified in its application.
 2750  Up to February 28 of each year, each permitholder may request
 2751  and shall be granted changes in its authorized performances; but
 2752  thereafter, as a condition precedent to the validity of its
 2753  license and its right to retain its permit, each permitholder
 2754  must operate the full number of days authorized on each of the
 2755  dates set forth in its license.
 2756         Section 42. Subsection (3) of section 550.625, Florida
 2757  Statutes, is amended to read:
 2758         550.625 Intertrack wagering; purses; breeders’ awards.—If a
 2759  host track is a horse track:
 2760         (3) The payment to a breeders’ organization shall be
 2761  combined with any other amounts received by the respective
 2762  breeders’ and owners’ associations as so designated. Each
 2763  breeders’ and owners’ association receiving these funds shall be
 2764  allowed to withhold the same percentage as set forth in s.
 2765  550.2625 to be used for administering the payment of awards and
 2766  for the general promotion of their respective industries. If the
 2767  total combined amount received for thoroughbred breeders’ awards
 2768  exceeds 15 percent of the purse required to be paid under
 2769  subsection (1), the breeders’ and owners’ association, as so
 2770  designated, notwithstanding any other provision of law, shall
 2771  submit a plan to the commission division for approval which
 2772  would use the excess funds in promoting the breeding industry by
 2773  increasing the purse structure for Florida-breds. Preference
 2774  shall be given to the track generating such excess.
 2775         Section 43. Subsection (5) and paragraph (g) of subsection
 2776  (9) of section 550.6305, Florida Statutes, are amended to read:
 2777         550.6305 Intertrack wagering; guest track payments;
 2778  accounting rules.—
 2779         (5) The commission division shall adopt rules providing an
 2780  expedient accounting procedure for the transfer of the pari
 2781  mutuel pool in order to properly account for payment of state
 2782  taxes, payment to the guest track, payment to the host track,
 2783  payment of purses, payment to breeders’ associations, payment to
 2784  horsemen’s associations, and payment to the public.
 2785         (9) A host track that has contracted with an out-of-state
 2786  horse track to broadcast live races conducted at such out-of
 2787  state horse track pursuant to s. 550.3551(5) may broadcast such
 2788  out-of-state races to any guest track and accept wagers thereon
 2789  in the same manner as is provided in s. 550.3551.
 2790         (g)1. Any thoroughbred permitholder which accepts wagers on
 2791  a simulcast signal must make the signal available to any
 2792  permitholder that is eligible to conduct intertrack wagering
 2793  under the provisions of ss. 550.615-550.6345.
 2794         2. Any thoroughbred permitholder which accepts wagers on a
 2795  simulcast signal received after 6 p.m. must make such signal
 2796  available to any permitholder that is eligible to conduct
 2797  intertrack wagering under the provisions of ss. 550.615
 2798  550.6345, including any permitholder located as specified in s.
 2799  550.615(6). Such guest permitholders are authorized to accept
 2800  wagers on such simulcast signal, notwithstanding any other
 2801  provision of this chapter to the contrary.
 2802         3. Any thoroughbred permitholder which accepts wagers on a
 2803  simulcast signal received after 6 p.m. must make such signal
 2804  available to any permitholder that is eligible to conduct
 2805  intertrack wagering under the provisions of ss. 550.615
 2806  550.6345, including any permitholder located as specified in s.
 2807  550.615(9). Such guest permitholders are authorized to accept
 2808  wagers on such simulcast signals for a number of performances
 2809  not to exceed that which constitutes a full schedule of live
 2810  races for a quarter horse permitholder pursuant to s.
 2811  550.002(10) 550.002(11), notwithstanding any other provision of
 2812  this chapter to the contrary, except that the restrictions
 2813  provided in s. 550.615(9)(a) apply to wagers on such simulcast
 2814  signals.
 2815  
 2816  No thoroughbred permitholder shall be required to continue to
 2817  rebroadcast a simulcast signal to any in-state permitholder if
 2818  the average per performance gross receipts returned to the host
 2819  permitholder over the preceding 30-day period were less than
 2820  $100. Subject to the provisions of s. 550.615(4), as a condition
 2821  of receiving rebroadcasts of thoroughbred simulcast signals
 2822  under this paragraph, a guest permitholder must accept
 2823  intertrack wagers on all live races conducted by all then
 2824  operating thoroughbred permitholders.
 2825         Section 44. Subsections (1) and (2) of section 550.6308,
 2826  Florida Statutes, are amended to read:
 2827         550.6308 Limited intertrack wagering license.—In
 2828  recognition of the economic importance of the thoroughbred
 2829  breeding industry to this state, its positive impact on tourism,
 2830  and of the importance of a permanent thoroughbred sales facility
 2831  as a key focal point for the activities of the industry, a
 2832  limited license to conduct intertrack wagering is established to
 2833  ensure the continued viability and public interest in
 2834  thoroughbred breeding in Florida.
 2835         (1) Upon application to the commission division on or
 2836  before January 31 of each year, any person that is licensed to
 2837  conduct public sales of thoroughbred horses pursuant to s.
 2838  535.01 and that has conducted at least 8 days of thoroughbred
 2839  horse sales at a permanent sales facility in this state for at
 2840  least 3 consecutive years before such application shall be
 2841  issued a license, subject to the conditions set forth in this
 2842  section, to conduct intertrack wagering at such a permanent
 2843  sales facility. No more than one such license may be issued, and
 2844  no such license may be issued for a facility located within 50
 2845  miles of any thoroughbred permitholder’s track.
 2846         (2) If more than one application is submitted for such
 2847  license, the commission division shall determine which applicant
 2848  shall be granted the license. In making its determination, the
 2849  commission division shall grant the license to the applicant
 2850  demonstrating superior capabilities, as measured by the length
 2851  of time the applicant has been conducting thoroughbred sales
 2852  within this state or elsewhere, the applicant’s total volume of
 2853  thoroughbred horse sales, within this state or elsewhere, the
 2854  length of time the applicant has maintained a permanent
 2855  thoroughbred sales facility in this state, and the quality of
 2856  the facility.
 2857         Section 45. Subsection (2) of section 550.70, Florida
 2858  Statutes, is amended to read:
 2859         550.70 Jai alai general provisions; chief court judges
 2860  required; extension of time to construct fronton; amateur jai
 2861  alai contests permitted under certain conditions; playing days’
 2862  limitations; locking of pari-mutuel machines.—
 2863         (2) The time within which the holder of a ratified permit
 2864  for jai alai or pelota has to construct and complete a fronton
 2865  may be extended by the commission division for a period of 24
 2866  months after the date of the issuance of the permit, anything to
 2867  the contrary in any statute notwithstanding.
 2868         Section 46. Subsection (3) of section 550.902, Florida
 2869  Statutes, is amended to read:
 2870         550.902 Purposes.—The purposes of this compact are to:
 2871         (3) Authorize the Florida Gaming Control Commission
 2872  Department of Business and Professional Regulation to
 2873  participate in this compact.
 2874         Section 47. Subsection (1) of section 551.102, Florida
 2875  Statutes, is redesignated as subsection (3), subsection (3) of
 2876  that section is redesignated as subsection (1) and amended, and
 2877  subsections (11) and (12) are amended to read:
 2878         551.102 Definitions.—As used in this chapter, the term:
 2879         (1)(3) “Commission Division” means the Florida Gaming
 2880  Control Commission Division of Pari-mutuel Wagering of the
 2881  Department of Business and Professional Regulation.
 2882         (11) “Slot machine license” means a license issued by the
 2883  commission division authorizing a pari-mutuel permitholder to
 2884  place and operate slot machines as provided by s. 23, Art. X of
 2885  the State Constitution, the provisions of this chapter, and
 2886  commission division rules.
 2887         (12) “Slot machine licensee” means a pari-mutuel
 2888  permitholder who holds a license issued by the commission
 2889  division pursuant to this chapter that authorizes such person to
 2890  possess a slot machine within facilities specified in s. 23,
 2891  Art. X of the State Constitution and allows slot machine gaming.
 2892         Section 48. Section 551.103, Florida Statutes, is amended
 2893  to read:
 2894         551.103 Powers and duties of the commission division and
 2895  law enforcement.—
 2896         (1) The commission division shall adopt, pursuant to the
 2897  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 2898  implement, administer, and regulate slot machine gaming as
 2899  authorized in this chapter. Such rules must include:
 2900         (a) Procedures for applying for a slot machine license and
 2901  renewal of a slot machine license.
 2902         (b) Technical requirements and the qualifications contained
 2903  in this chapter that are necessary to receive a slot machine
 2904  license or slot machine occupational license.
 2905         (c) Procedures to scientifically test and technically
 2906  evaluate slot machines for compliance with this chapter. The
 2907  commission division may contract with an independent testing
 2908  laboratory to conduct any necessary testing under this section.
 2909  An independent testing laboratory shall not be owned or
 2910  controlled by a licensee. The use of an independent testing
 2911  laboratory for any purpose related to the conduct of slot
 2912  machine gaming by a licensee under this chapter shall be made
 2913  from a list of one or more laboratories approved by the
 2914  commission division.
 2915         (d) Procedures relating to slot machine revenues, including
 2916  verifying and accounting for such revenues, auditing, and
 2917  collecting taxes and fees consistent with this chapter.
 2918         (e) Procedures for regulating, managing, and auditing the
 2919  operation, financial data, and program information relating to
 2920  slot machine gaming that allow the commission division and the
 2921  Department of Law Enforcement to audit the operation, financial
 2922  data, and program information of a slot machine licensee, as
 2923  required by the commission division or the Department of Law
 2924  Enforcement, and provide the commission division and the
 2925  Department of Law Enforcement with the ability to monitor, at
 2926  any time on a real-time basis, wagering patterns, payouts, tax
 2927  collection, and compliance with any rules adopted by the
 2928  commission division for the regulation and control of slot
 2929  machines operated under this chapter. Such continuous and
 2930  complete access, at any time on a real-time basis, shall include
 2931  the ability of either the commission division or the Department
 2932  of Law Enforcement to suspend play immediately on particular
 2933  slot machines if monitoring of the facilities-based computer
 2934  system indicates possible tampering or manipulation of those
 2935  slot machines or the ability to suspend play immediately of the
 2936  entire operation if the tampering or manipulation is of the
 2937  computer system itself. The commission division shall notify the
 2938  Department of Law Enforcement or the Department of Law
 2939  Enforcement shall notify the commission division, as
 2940  appropriate, whenever there is a suspension of play under this
 2941  paragraph. The commission division and the Department of Law
 2942  Enforcement shall exchange such information necessary for and
 2943  cooperate in the investigation of the circumstances requiring
 2944  suspension of play under this paragraph.
 2945         (f) Procedures for requiring each licensee at his or her
 2946  own cost and expense to supply the commission division with a
 2947  bond having the penal sum of $2 million payable to the Governor
 2948  and his or her successors in office for each year of the
 2949  licensee’s slot machine operations. Any bond shall be issued by
 2950  a surety or sureties approved by the commission division and the
 2951  Chief Financial Officer, conditioned to faithfully make the
 2952  payments to the Chief Financial Officer in his or her capacity
 2953  as treasurer of the commission division. The licensee shall be
 2954  required to keep its books and records and make reports as
 2955  provided in this chapter and to conduct its slot machine
 2956  operations in conformity with this chapter and all other
 2957  provisions of law. Such bond shall be separate and distinct from
 2958  the bond required in s. 550.125.
 2959         (g) Procedures for requiring licensees to maintain
 2960  specified records and submit any data, information, record, or
 2961  report, including financial and income records, required by this
 2962  chapter or determined by the commission division to be necessary
 2963  to the proper implementation and enforcement of this chapter.
 2964         (h) A requirement that the payout percentage of a slot
 2965  machine be no less than 85 percent.
 2966         (i) Minimum standards for security of the facilities,
 2967  including floor plans, security cameras, and other security
 2968  equipment.
 2969         (j) Procedures for requiring slot machine licensees to
 2970  implement and establish drug-testing programs for all slot
 2971  machine occupational licensees.
 2972         (2) The commission division shall conduct such
 2973  investigations necessary to fulfill its responsibilities under
 2974  the provisions of this chapter.
 2975         (3) The Department of Law Enforcement and local law
 2976  enforcement agencies shall have concurrent jurisdiction to
 2977  investigate criminal violations of this chapter and may
 2978  investigate any other criminal violation of law occurring at the
 2979  facilities of a slot machine licensee, and such investigations
 2980  may be conducted in conjunction with the appropriate state
 2981  attorney.
 2982         (4)(a) The commission division, the Department of Law
 2983  Enforcement, and local law enforcement agencies shall have
 2984  unrestricted access to the slot machine licensee’s facility at
 2985  all times and shall require of each slot machine licensee strict
 2986  compliance with the laws of this state relating to the
 2987  transaction of such business. The commission division, the
 2988  Department of Law Enforcement, and local law enforcement
 2989  agencies may:
 2990         1. Inspect and examine premises where slot machines are
 2991  offered for play.
 2992         2. Inspect slot machines and related equipment and
 2993  supplies.
 2994         (b) In addition, the commission division may:
 2995         1. Collect taxes, assessments, fees, and penalties.
 2996         2. Deny, revoke, suspend, or place conditions on the
 2997  license of a person who violates any provision of this chapter
 2998  or rule adopted pursuant thereto.
 2999         (5) The commission division shall revoke or suspend the
 3000  license of any person who is no longer qualified or who is
 3001  found, after receiving a license, to have been unqualified at
 3002  the time of application for the license.
 3003         (6) This section does not:
 3004         (a) Prohibit the Department of Law Enforcement or any law
 3005  enforcement authority whose jurisdiction includes a licensed
 3006  facility from conducting investigations of criminal activities
 3007  occurring at the facility of the slot machine licensee;
 3008         (b) Restrict access to the slot machine licensee’s facility
 3009  by the Department of Law Enforcement or any local law
 3010  enforcement authority whose jurisdiction includes the slot
 3011  machine licensee’s facility; or
 3012         (c) Restrict access by the Department of Law Enforcement or
 3013  local law enforcement authorities to information and records
 3014  necessary to the investigation of criminal activity that are
 3015  contained within the slot machine licensee’s facility.
 3016         Section 49. Subsections (1) and (2), paragraphs (b), (c),
 3017  (d), (e), (f), (g), (h), and (i) of subsection (4), subsections
 3018  (6), (7), (8), and (9), and paragraphs (a) and (b) of subsection
 3019  (10) of section 551.104, Florida Statutes, are amended to read:
 3020         551.104 License to conduct slot machine gaming.—
 3021         (1) Upon application and a finding by the commission
 3022  division after investigation that the application is complete
 3023  and the applicant is qualified and payment of the initial
 3024  license fee, the commission division may issue a license to
 3025  conduct slot machine gaming in the designated slot machine
 3026  gaming area of the eligible facility. Once licensed, slot
 3027  machine gaming may be conducted subject to the requirements of
 3028  this chapter and rules adopted pursuant thereto.
 3029         (2) An application may be approved by the commission
 3030  division only after the voters of the county where the
 3031  applicant’s facility is located have authorized by referendum
 3032  slot machines within pari-mutuel facilities in that county as
 3033  specified in s. 23, Art. X of the State Constitution.
 3034         (4) As a condition of licensure and to maintain continued
 3035  authority for the conduct of slot machine gaming, the slot
 3036  machine licensee shall:
 3037         (b) Continue to be in compliance with chapter 550, where
 3038  applicable, and maintain the pari-mutuel permit and license in
 3039  good standing pursuant to the provisions of chapter 550.
 3040  Notwithstanding any contrary provision of law and in order to
 3041  expedite the operation of slot machines at eligible facilities,
 3042  any eligible facility shall be entitled within 60 days after the
 3043  effective date of this act to amend its 2006-2007 pari-mutuel
 3044  wagering operating license issued by the commission division
 3045  under ss. 550.0115 and 550.01215. The commission division shall
 3046  issue a new license to the eligible facility to effectuate any
 3047  approved change.
 3048         (c) If a thoroughbred permitholder, conduct no fewer than a
 3049  full schedule of live racing or games as defined in s.
 3050  550.002(10) 550.002(11). A permitholder’s responsibility to
 3051  conduct live races or games shall be reduced by the number of
 3052  races or games that could not be conducted due to the direct
 3053  result of fire, strike, war, hurricane, pandemic, or other
 3054  disaster or event beyond the control of the permitholder.
 3055         (d) Upon approval of any changes relating to the pari
 3056  mutuel permit by the commission division, be responsible for
 3057  providing appropriate current and accurate documentation on a
 3058  timely basis to the commission division in order to continue the
 3059  slot machine license in good standing. Changes in ownership or
 3060  interest of a slot machine license of 5 percent or more of the
 3061  stock or other evidence of ownership or equity in the slot
 3062  machine license or any parent corporation or other business
 3063  entity that in any way owns or controls the slot machine license
 3064  shall be approved by the commission division prior to such
 3065  change, unless the owner is an existing holder of that license
 3066  who was previously approved by the commission division. Changes
 3067  in ownership or interest of a slot machine license of less than
 3068  5 percent, unless such change results in a cumulative total of 5
 3069  percent or more, shall be reported to the commission division
 3070  within 20 days after the change. The commission division may
 3071  then conduct an investigation to ensure that the license is
 3072  properly updated to show the change in ownership or interest. No
 3073  reporting is required if the person is holding 5 percent or less
 3074  equity or securities of a corporate owner of the slot machine
 3075  licensee that has its securities registered pursuant to s. 12 of
 3076  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
 3077  if such corporation or entity files with the United States
 3078  Securities and Exchange Commission the reports required by s. 13
 3079  of that act or if the securities of the corporation or entity
 3080  are regularly traded on an established securities market in the
 3081  United States. A change in ownership or interest of less than 5
 3082  percent which results in a cumulative ownership or interest of 5
 3083  percent or more shall be approved by the commission division
 3084  prior to such change unless the owner is an existing holder of
 3085  the license who was previously approved by the commission
 3086  division.
 3087         (e) Allow the commission division and the Department of Law
 3088  Enforcement unrestricted access to and right of inspection of
 3089  facilities of a slot machine licensee in which any activity
 3090  relative to the conduct of slot machine gaming is conducted.
 3091         (f) Ensure that the facilities-based computer system that
 3092  the licensee will use for operational and accounting functions
 3093  of the slot machine facility is specifically structured to
 3094  facilitate regulatory oversight. The facilities-based computer
 3095  system shall be designed to provide the commission division and
 3096  the Department of Law Enforcement with the ability to monitor,
 3097  at any time on a real-time basis, the wagering patterns,
 3098  payouts, tax collection, and such other operations as necessary
 3099  to determine whether the facility is in compliance with
 3100  statutory provisions and rules adopted by the commission
 3101  division for the regulation and control of slot machine gaming.
 3102  The commission division and the Department of Law Enforcement
 3103  shall have complete and continuous access to this system. Such
 3104  access shall include the ability of either the commission
 3105  division or the Department of Law Enforcement to suspend play
 3106  immediately on particular slot machines if monitoring of the
 3107  system indicates possible tampering or manipulation of those
 3108  slot machines or the ability to suspend play immediately of the
 3109  entire operation if the tampering or manipulation is of the
 3110  computer system itself. The computer system shall be reviewed
 3111  and approved by the commission division to ensure necessary
 3112  access, security, and functionality. The commission division may
 3113  adopt rules to provide for the approval process.
 3114         (g) Ensure that each slot machine is protected from
 3115  manipulation or tampering to affect the random probabilities of
 3116  winning plays. The commission division or the Department of Law
 3117  Enforcement shall have the authority to suspend play upon
 3118  reasonable suspicion of any manipulation or tampering. When play
 3119  has been suspended on any slot machine, the commission division
 3120  or the Department of Law Enforcement may examine any slot
 3121  machine to determine whether the machine has been tampered with
 3122  or manipulated and whether the machine should be returned to
 3123  operation.
 3124         (h) Submit a security plan, including the facilities’ floor
 3125  plan, the locations of security cameras, and a listing of all
 3126  security equipment that is capable of observing and
 3127  electronically recording activities being conducted in the
 3128  facilities of the slot machine licensee. The security plan must
 3129  meet the minimum security requirements as determined by the
 3130  commission division under s. 551.103(1)(i) and be implemented
 3131  prior to operation of slot machine gaming. The slot machine
 3132  licensee’s facilities must adhere to the security plan at all
 3133  times. Any changes to the security plan must be submitted by the
 3134  licensee to the commission division prior to implementation. The
 3135  commission division shall furnish copies of the security plan
 3136  and changes in the plan to the Department of Law Enforcement.
 3137         (i) Create and file with the commission division a written
 3138  policy for:
 3139         1. Creating opportunities to purchase from vendors in this
 3140  state, including minority vendors.
 3141         2. Creating opportunities for employment of residents of
 3142  this state, including minority residents.
 3143         3. Ensuring opportunities for construction services from
 3144  minority contractors.
 3145         4. Ensuring that opportunities for employment are offered
 3146  on an equal, nondiscriminatory basis.
 3147         5. Training for employees on responsible gaming and working
 3148  with a compulsive or addictive gambling prevention program to
 3149  further its purposes as provided for in s. 551.118.
 3150         6. The implementation of a drug-testing program that
 3151  includes, but is not limited to, requiring each employee to sign
 3152  an agreement that he or she understands that the slot machine
 3153  facility is a drug-free workplace.
 3154  
 3155  The slot machine licensee shall use the Internet-based job
 3156  listing system of the Department of Economic Opportunity in
 3157  advertising employment opportunities. Beginning in June 2007,
 3158  Each slot machine licensee shall provide an annual report to the
 3159  Florida Gaming Control Commission division containing
 3160  information indicating compliance with this paragraph in regard
 3161  to minority persons.
 3162         (6) A slot machine licensee shall keep and maintain
 3163  permanent daily records of its slot machine operation and shall
 3164  maintain such records for a period of not less than 5 years.
 3165  These records must include all financial transactions and
 3166  contain sufficient detail to determine compliance with the
 3167  requirements of this chapter. All records shall be available for
 3168  audit and inspection by the commission division, the Department
 3169  of Law Enforcement, or other law enforcement agencies during the
 3170  licensee’s regular business hours.
 3171         (7) A slot machine licensee shall file with the commission
 3172  division a monthly report containing the required records of
 3173  such slot machine operation. The required reports shall be
 3174  submitted on forms prescribed by the commission division and
 3175  shall be due at the same time as the monthly pari-mutuel reports
 3176  are due to the commission division, and the reports shall be
 3177  deemed public records once filed.
 3178         (8) A slot machine licensee shall file with the commission
 3179  division an audit of the receipt and distribution of all slot
 3180  machine revenues provided by an independent certified public
 3181  accountant verifying compliance with all financial and auditing
 3182  provisions of this chapter and the associated rules adopted
 3183  under this chapter. The audit must include verification of
 3184  compliance with all statutes and rules regarding all required
 3185  records of slot machine operations. Such audit shall be filed
 3186  within 60 days after the completion of the permitholder’s pari
 3187  mutuel meet.
 3188         (9) The commission division may share any information with
 3189  the Department of Law Enforcement, any other law enforcement
 3190  agency having jurisdiction over slot machine gaming or pari
 3191  mutuel activities, or any other state or federal law enforcement
 3192  agency the commission division or the Department of Law
 3193  Enforcement deems appropriate. Any law enforcement agency having
 3194  jurisdiction over slot machine gaming or pari-mutuel activities
 3195  may share any information obtained or developed by it with the
 3196  commission division.
 3197         (10)(a)1. No slot machine license or renewal thereof shall
 3198  be issued to an applicant holding a permit under chapter 550 to
 3199  conduct pari-mutuel wagering meets of thoroughbred racing unless
 3200  the applicant has on file with the commission division a binding
 3201  written agreement between the applicant and the Florida
 3202  Horsemen’s Benevolent and Protective Association, Inc.,
 3203  governing the payment of purses on live thoroughbred races
 3204  conducted at the licensee’s pari-mutuel facility. In addition,
 3205  no slot machine license or renewal thereof shall be issued to
 3206  such an applicant unless the applicant has on file with the
 3207  commission division a binding written agreement between the
 3208  applicant and the Florida Thoroughbred Breeders’ Association,
 3209  Inc., governing the payment of breeders’, stallion, and special
 3210  racing awards on live thoroughbred races conducted at the
 3211  licensee’s pari-mutuel facility. The agreement governing purses
 3212  and the agreement governing awards may direct the payment of
 3213  such purses and awards from revenues generated by any wagering
 3214  or gaming the applicant is authorized to conduct under Florida
 3215  law. All purses and awards shall be subject to the terms of
 3216  chapter 550. All sums for breeders’, stallion, and special
 3217  racing awards shall be remitted monthly to the Florida
 3218  Thoroughbred Breeders’ Association, Inc., for the payment of
 3219  awards subject to the administrative fee authorized in s.
 3220  550.2625(3).
 3221         2. No slot machine license or renewal thereof shall be
 3222  issued to an applicant holding a permit under chapter 550 to
 3223  conduct pari-mutuel wagering meets of quarter horse racing
 3224  unless the applicant has on file with the commission division a
 3225  binding written agreement between the applicant and the Florida
 3226  Quarter Horse Racing Association or the association representing
 3227  a majority of the horse owners and trainers at the applicant’s
 3228  eligible facility, governing the payment of purses on live
 3229  quarter horse races conducted at the licensee’s pari-mutuel
 3230  facility. The agreement governing purses may direct the payment
 3231  of such purses from revenues generated by any wagering or gaming
 3232  the applicant is authorized to conduct under Florida law. All
 3233  purses shall be subject to the terms of chapter 550.
 3234         (b) The commission division shall suspend a slot machine
 3235  license if one or more of the agreements required under
 3236  paragraph (a) are terminated or otherwise cease to operate or if
 3237  the commission division determines that the licensee is
 3238  materially failing to comply with the terms of such an
 3239  agreement. Any such suspension shall take place in accordance
 3240  with chapter 120.
 3241         Section 50. Subsection (1) of section 551.1045, Florida
 3242  Statutes, is amended to read:
 3243         551.1045 Temporary licenses.—
 3244         (1) Notwithstanding any provision of s. 120.60 to the
 3245  contrary, the commission division may issue a temporary
 3246  occupational license upon the receipt of a complete application
 3247  from the applicant and a determination that the applicant has
 3248  not been convicted of or had adjudication withheld on any
 3249  disqualifying criminal offense. The temporary occupational
 3250  license remains valid until such time as the commission division
 3251  grants an occupational license or notifies the applicant of its
 3252  intended decision to deny the applicant a license pursuant to
 3253  the provisions of s. 120.60. The commission division shall adopt
 3254  rules to administer this subsection. However, not more than one
 3255  temporary license may be issued for any person in any year.
 3256         Section 51. Subsection (3) of section 551.105, Florida
 3257  Statutes, is amended to read:
 3258         551.105 Slot machine license renewal.—
 3259         (3) Upon determination by the commission division that the
 3260  application for renewal is complete and qualifications have been
 3261  met, including payment of the renewal fee, the slot machine
 3262  license shall be renewed annually.
 3263         Section 52. Paragraph (a) of subsection (1), paragraph (b)
 3264  of subsection (2), and subsections (3), (4), and (5) of section
 3265  551.106, Florida Statutes, are amended to read:
 3266         551.106 License fee; tax rate; penalties.—
 3267         (1) LICENSE FEE.—
 3268         (a) Upon submission of the initial application for a slot
 3269  machine license and annually thereafter, on the anniversary date
 3270  of the issuance of the initial license, the licensee must pay to
 3271  the commission division a nonrefundable license fee of $3
 3272  million for the succeeding 12 months of licensure. In the 2010
 3273  2011 fiscal year, the licensee must pay the division a
 3274  nonrefundable license fee of $2.5 million for the succeeding 12
 3275  months of licensure. In the 2011-2012 fiscal year and for every
 3276  fiscal year thereafter, The licensee must pay the commission
 3277  division a nonrefundable license fee of $2 million for the
 3278  succeeding 12 months of licensure. The license fee shall be
 3279  deposited into the Pari-mutuel Wagering Trust Fund of the
 3280  Department of Business and Professional Regulation to be used by
 3281  the commission division and the Department of Law Enforcement
 3282  for investigations, regulation of slot machine gaming, and
 3283  enforcement of slot machine gaming provisions under this
 3284  chapter. These payments shall be accounted for separately from
 3285  taxes or fees paid pursuant to the provisions of chapter 550.
 3286         (2) TAX ON SLOT MACHINE REVENUES.—
 3287         (b) The slot machine revenue tax imposed by this section
 3288  shall be paid to the commission division for deposit into the
 3289  Pari-mutuel Wagering Trust Fund for immediate transfer by the
 3290  Chief Financial Officer for deposit into the Educational
 3291  Enhancement Trust Fund of the Department of Education. Any
 3292  interest earnings on the tax revenues shall also be transferred
 3293  to the Educational Enhancement Trust Fund.
 3294         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 3295  on slot machine revenues imposed by this section shall be paid
 3296  to the commission division. The commission division shall
 3297  deposit these sums with the Chief Financial Officer, to the
 3298  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 3299  licensee shall remit to the commission division payment for the
 3300  tax on slot machine revenues. Such payments shall be remitted by
 3301  3 p.m. Wednesday of each week for taxes imposed and collected
 3302  for the preceding week ending on Sunday. Beginning on July 1,
 3303  2012, the slot machine licensee shall remit to the commission
 3304  division payment for the tax on slot machine revenues by 3 p.m.
 3305  on the 5th day of each calendar month for taxes imposed and
 3306  collected for the preceding calendar month. If the 5th day of
 3307  the calendar month falls on a weekend, payments shall be
 3308  remitted by 3 p.m. the first Monday following the weekend. The
 3309  slot machine licensee shall file a report under oath by the 5th
 3310  day of each calendar month for all taxes remitted during the
 3311  preceding calendar month. Such payments shall be accompanied by
 3312  a report under oath showing all slot machine gaming activities
 3313  for the preceding calendar month and such other information as
 3314  may be prescribed by the commission division.
 3315         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 3316  fails to make tax payments as required under this section is
 3317  subject to an administrative penalty of up to $10,000 for each
 3318  day the tax payment is not remitted. All administrative
 3319  penalties imposed and collected shall be deposited into the
 3320  Pari-mutuel Wagering Trust Fund of the Department of Business
 3321  and Professional Regulation. If any slot machine licensee fails
 3322  to pay penalties imposed by order of the commission division
 3323  under this subsection, the commission division may suspend,
 3324  revoke, or refuse to renew the license of the slot machine
 3325  licensee.
 3326         (5) SUBMISSION OF FUNDS.—The commission division may
 3327  require slot machine licensees to remit taxes, fees, fines, and
 3328  assessments by electronic funds transfer.
 3329         Section 53. Paragraph (b) of subsection (2), paragraphs
 3330  (a), (c), and (d) of subsection (4), subsection (5), paragraphs
 3331  (a) and (b) of subsection (6), and subsections (7), (9), (10),
 3332  and (11) of section 551.107, Florida Statutes, are amended to
 3333  read:
 3334         551.107 Slot machine occupational license; findings;
 3335  application; fee.—
 3336         (2)
 3337         (b) The commission division may issue one license to
 3338  combine licenses under this section with pari-mutuel
 3339  occupational licenses and cardroom licenses pursuant to s.
 3340  550.105(2)(b). The commission division shall adopt rules
 3341  pertaining to occupational licenses under this subsection. Such
 3342  rules may specify, but need not be limited to, requirements and
 3343  restrictions for licensed occupations and categories, procedures
 3344  to apply for any license or combination of licenses,
 3345  disqualifying criminal offenses for a licensed occupation or
 3346  categories of occupations, and which types of occupational
 3347  licenses may be combined into a single license under this
 3348  section. The fingerprinting requirements of subsection (7) apply
 3349  to any combination license that includes slot machine license
 3350  privileges under this section. The commission division may not
 3351  adopt a rule allowing the issuance of an occupational license to
 3352  any person who does not meet the minimum background
 3353  qualifications under this section.
 3354         (4)(a) A person seeking a slot machine occupational license
 3355  or renewal thereof shall make application on forms prescribed by
 3356  the commission division and include payment of the appropriate
 3357  application fee. Initial and renewal applications for slot
 3358  machine occupational licenses must contain all information that
 3359  the commission division, by rule, determines is required to
 3360  ensure eligibility.
 3361         (c) Pursuant to rules adopted by the commission division,
 3362  any person may apply for and, if qualified, be issued a slot
 3363  machine occupational license valid for a period of 3 years upon
 3364  payment of the full occupational license fee for each of the 3
 3365  years for which the license is issued. The slot machine
 3366  occupational license is valid during its specified term at any
 3367  licensed facility where slot machine gaming is authorized to be
 3368  conducted.
 3369         (d) The slot machine occupational license fee for initial
 3370  application and annual renewal shall be determined by rule of
 3371  the commission division but may not exceed $50 for a general or
 3372  professional occupational license for an employee of the slot
 3373  machine licensee or $1,000 for a business occupational license
 3374  for nonemployees of the licensee providing goods or services to
 3375  the slot machine licensee. License fees for general occupational
 3376  licensees shall be paid by the slot machine licensee. Failure to
 3377  pay the required fee constitutes grounds for disciplinary action
 3378  by the commission division against the slot machine licensee,
 3379  but it is not a violation of this chapter or rules of the
 3380  commission division by the general occupational licensee and
 3381  does not prohibit the initial issuance or the renewal of the
 3382  general occupational license.
 3383         (5) The commission division may:
 3384         (a) Deny an application for, or revoke, suspend, or place
 3385  conditions or restrictions on, a license of a person or entity
 3386  that has been refused a license by any other state gaming
 3387  commission, governmental department, agency, or other authority
 3388  exercising regulatory jurisdiction over the gaming of another
 3389  state or jurisdiction; or
 3390         (b) Deny an application for, or suspend or place conditions
 3391  on, a license of any person or entity that is under suspension
 3392  or has unpaid fines in another state or jurisdiction.
 3393         (6)(a) The commission division may deny, suspend, revoke,
 3394  or refuse to renew any slot machine occupational license if the
 3395  applicant for such license or the licensee has violated the
 3396  provisions of this chapter or the rules of the commission
 3397  division governing the conduct of persons connected with slot
 3398  machine gaming. In addition, the commission division may deny,
 3399  suspend, revoke, or refuse to renew any slot machine
 3400  occupational license if the applicant for such license or the
 3401  licensee has been convicted in this state, in any other state,
 3402  or under the laws of the United States of a capital felony, a
 3403  felony, or an offense in any other state that would be a felony
 3404  under the laws of this state involving arson; trafficking in,
 3405  conspiracy to traffic in, smuggling, importing, conspiracy to
 3406  smuggle or import, or delivery, sale, or distribution of a
 3407  controlled substance; racketeering; or a crime involving a lack
 3408  of good moral character, or has had a gaming license revoked by
 3409  this state or any other jurisdiction for any gaming-related
 3410  offense.
 3411         (b) The commission division may deny, revoke, or refuse to
 3412  renew any slot machine occupational license if the applicant for
 3413  such license or the licensee has been convicted of a felony or
 3414  misdemeanor in this state, in any other state, or under the laws
 3415  of the United States if such felony or misdemeanor is related to
 3416  gambling or bookmaking as described in s. 849.25.
 3417         (7) Fingerprints for all slot machine occupational license
 3418  applications shall be taken in a manner approved by the
 3419  commission division and shall be submitted electronically to the
 3420  Department of Law Enforcement for state processing and the
 3421  Federal Bureau of Investigation for national processing for a
 3422  criminal history record check. All persons as specified in s.
 3423  550.1815(1)(a) employed by or working within a licensed premises
 3424  shall submit fingerprints for a criminal history record check
 3425  and may not have been convicted of any disqualifying criminal
 3426  offenses specified in subsection (6). Commission Division
 3427  employees and law enforcement officers assigned by their
 3428  employing agencies to work within the premises as part of their
 3429  official duties are excluded from the criminal history record
 3430  check requirements under this subsection. For purposes of this
 3431  subsection, the term “convicted” means having been found guilty,
 3432  with or without adjudication of guilt, as a result of a jury
 3433  verdict, nonjury trial, or entry of a plea of guilty or nolo
 3434  contendere.
 3435         (a) Fingerprints shall be taken in a manner approved by the
 3436  commission division upon initial application, or as required
 3437  thereafter by rule of the commission division, and shall be
 3438  submitted electronically to the Department of Law Enforcement
 3439  for state processing. The Department of Law Enforcement shall
 3440  forward the fingerprints to the Federal Bureau of Investigation
 3441  for national processing. The results of the criminal history
 3442  record check shall be returned to the commission division for
 3443  purposes of screening. Licensees shall provide necessary
 3444  equipment approved by the Department of Law Enforcement to
 3445  facilitate such electronic submission. The commission division
 3446  requirements under this subsection shall be instituted in
 3447  consultation with the Department of Law Enforcement.
 3448         (b) The cost of processing fingerprints and conducting a
 3449  criminal history record check for a general occupational license
 3450  shall be borne by the slot machine licensee. The cost of
 3451  processing fingerprints and conducting a criminal history record
 3452  check for a business or professional occupational license shall
 3453  be borne by the person being checked. The Department of Law
 3454  Enforcement may invoice the commission division for the
 3455  fingerprints submitted each month.
 3456         (c) All fingerprints submitted to the Department of Law
 3457  Enforcement and required by this section shall be retained by
 3458  the Department of Law Enforcement and entered into the statewide
 3459  automated biometric identification system as authorized by s.
 3460  943.05(2)(b) and shall be available for all purposes and uses
 3461  authorized for arrest fingerprints entered into the statewide
 3462  automated biometric identification system pursuant to s.
 3463  943.051.
 3464         (d) The Department of Law Enforcement shall search all
 3465  arrest fingerprints received pursuant to s. 943.051 against the
 3466  fingerprints retained in the statewide automated biometric
 3467  identification system under paragraph (c). Any arrest record
 3468  that is identified with the retained fingerprints of a person
 3469  subject to the criminal history screening requirements of this
 3470  section shall be reported to the commission division. Each
 3471  licensed facility shall pay a fee to the commission division for
 3472  the cost of retention of the fingerprints and the ongoing
 3473  searches under this paragraph. The commission division shall
 3474  forward the payment to the Department of Law Enforcement. The
 3475  amount of the fee to be imposed for performing these searches
 3476  and the procedures for the retention of licensee fingerprints
 3477  shall be as established by rule of the Department of Law
 3478  Enforcement. The commission division shall inform the Department
 3479  of Law Enforcement of any change in the license status of
 3480  licensees whose fingerprints are retained under paragraph (c).
 3481         (e) The commission division shall request the Department of
 3482  Law Enforcement to forward the fingerprints to the Federal
 3483  Bureau of Investigation for a national criminal history records
 3484  check every 3 years following issuance of a license. If the
 3485  fingerprints of a person who is licensed have not been retained
 3486  by the Department of Law Enforcement, the person must file a
 3487  complete set of fingerprints as provided for in paragraph (a).
 3488  The commission division shall collect the fees for the cost of
 3489  the national criminal history record check under this paragraph
 3490  and shall forward the payment to the Department of Law
 3491  Enforcement. The cost of processing fingerprints and conducting
 3492  a criminal history record check under this paragraph for a
 3493  general occupational license shall be borne by the slot machine
 3494  licensee. The cost of processing fingerprints and conducting a
 3495  criminal history record check under this paragraph for a
 3496  business or professional occupational license shall be borne by
 3497  the person being checked. The Department of Law Enforcement may
 3498  invoice the commission division for the fingerprints submitted
 3499  each month. Under penalty of perjury, each person who is
 3500  licensed or who is fingerprinted as required by this section
 3501  must agree to inform the commission division within 48 hours if
 3502  he or she is convicted of or has entered a plea of guilty or
 3503  nolo contendere to any disqualifying offense, regardless of
 3504  adjudication.
 3505         (9) The commission division may deny, revoke, or suspend
 3506  any occupational license if the applicant or holder of the
 3507  license accumulates unpaid obligations, defaults in obligations,
 3508  or issues drafts or checks that are dishonored or for which
 3509  payment is refused without reasonable cause.
 3510         (10) The commission division may fine or suspend, revoke,
 3511  or place conditions upon the license of any licensee who
 3512  provides false information under oath regarding an application
 3513  for a license or an investigation by the commission division.
 3514         (11) The commission division may impose a civil fine of up
 3515  to $5,000 for each violation of this chapter or the rules of the
 3516  commission division in addition to or in lieu of any other
 3517  penalty provided for in this section. The commission division
 3518  may adopt a penalty schedule for violations of this chapter or
 3519  any rule adopted pursuant to this chapter for which it would
 3520  impose a fine in lieu of a suspension and adopt rules allowing
 3521  for the issuance of citations, including procedures to address
 3522  such citations, to persons who violate such rules. In addition
 3523  to any other penalty provided by law, the commission division
 3524  may exclude from all licensed slot machine facilities in this
 3525  state, for a period not to exceed the period of suspension,
 3526  revocation, or ineligibility, any person whose occupational
 3527  license application has been declared ineligible to hold an
 3528  occupational license or whose occupational license has been
 3529  suspended or revoked by the commission division.
 3530         Section 54. Subsections (1) and (4) of section 551.108,
 3531  Florida Statutes, are amended to read:
 3532         551.108 Prohibited relationships.—
 3533         (1) A person employed by or performing any function on
 3534  behalf of the commission division may not:
 3535         (a) Be an officer, director, owner, or employee of any
 3536  person or entity licensed by the commission division.
 3537         (b) Have or hold any interest, direct or indirect, in or
 3538  engage in any commerce or business relationship with any person
 3539  licensed by the commission division.
 3540         (4) An employee of the commission division or relative
 3541  living in the same household as such employee of the commission
 3542  division may not wager at any time on a slot machine located at
 3543  a facility licensed by the commission division.
 3544         Section 55. Subsections (2) and (7) of section 551.109,
 3545  Florida Statutes, are amended to read:
 3546         551.109 Prohibited acts; penalties.—
 3547         (2) Except as otherwise provided by law and in addition to
 3548  any other penalty, any person who possesses a slot machine
 3549  without the license required by this chapter or who possesses a
 3550  slot machine at any location other than at the slot machine
 3551  licensee’s facility is subject to an administrative fine or
 3552  civil penalty of up to $10,000 per machine. The prohibition in
 3553  this subsection does not apply to:
 3554         (a) Slot machine manufacturers or slot machine distributors
 3555  that hold appropriate licenses issued by the commission division
 3556  who are authorized to maintain a slot machine storage and
 3557  maintenance facility at any location in a county in which slot
 3558  machine gaming is authorized by this chapter. The commission
 3559  division may adopt rules regarding security and access to the
 3560  storage facility and inspections by the commission division.
 3561         (b) Certified educational facilities that are authorized to
 3562  maintain slot machines for the sole purpose of education and
 3563  licensure, if any, of slot machine technicians, inspectors, or
 3564  investigators. The commission division and the Department of Law
 3565  Enforcement may possess slot machines for training and testing
 3566  purposes. The commission division may adopt rules regarding the
 3567  regulation of any such slot machines used for educational,
 3568  training, or testing purposes.
 3569         (7) All penalties imposed and collected under this section
 3570  must be deposited into the Pari-mutuel Wagering Trust Fund of
 3571  the Department of Business and Professional Regulation.
 3572         Section 56. Section 551.112, Florida Statutes, is amended
 3573  to read:
 3574         551.112 Exclusions of certain persons.—In addition to the
 3575  power to exclude certain persons from any facility of a slot
 3576  machine licensee in this state, the commission division may
 3577  exclude any person from any facility of a slot machine licensee
 3578  in this state for conduct that would constitute, if the person
 3579  were a licensee, a violation of this chapter or the rules of the
 3580  commission division. The commission division may exclude from
 3581  any facility of a slot machine licensee any person who has been
 3582  ejected from a facility of a slot machine licensee in this state
 3583  or who has been excluded from any facility of a slot machine
 3584  licensee or gaming facility in another state by the governmental
 3585  department, agency, commission, or authority exercising
 3586  regulatory jurisdiction over the gaming in such other state.
 3587  This section does not abrogate the common law right of a slot
 3588  machine licensee to exclude a patron absolutely in this state.
 3589         Section 57. Subsections (3) and (5) of section 551.114,
 3590  Florida Statutes, are amended to read:
 3591         551.114 Slot machine gaming areas.—
 3592         (3) The commission division shall require the posting of
 3593  signs warning of the risks and dangers of gambling, showing the
 3594  odds of winning, and informing patrons of the toll-free
 3595  telephone number available to provide information and referral
 3596  services regarding compulsive or problem gambling.
 3597         (5) The permitholder shall provide adequate office space at
 3598  no cost to the commission division and the Department of Law
 3599  Enforcement for the oversight of slot machine operations. The
 3600  commission division shall adopt rules establishing the criteria
 3601  for adequate space, configuration, and location and needed
 3602  electronic and technological requirements for office space
 3603  required by this subsection.
 3604         Section 58. Section 551.117, Florida Statutes, is amended
 3605  to read:
 3606         551.117 Penalties.—The commission division may revoke or
 3607  suspend any slot machine license issued under this chapter upon
 3608  the willful violation by the slot machine licensee of any
 3609  provision of this chapter or of any rule adopted under this
 3610  chapter. In lieu of suspending or revoking a slot machine
 3611  license, the commission division may impose a civil penalty
 3612  against the slot machine licensee for a violation of this
 3613  chapter or any rule adopted by the commission division. Except
 3614  as otherwise provided in this chapter, the penalty so imposed
 3615  may not exceed $100,000 for each count or separate offense. All
 3616  penalties imposed and collected must be deposited into the Pari
 3617  mutuel Wagering Trust Fund of the Department of Business and
 3618  Professional Regulation.
 3619         Section 59. Subsections (2) and (3) of section 551.118,
 3620  Florida Statutes, are amended to read:
 3621         551.118 Compulsive or addictive gambling prevention
 3622  program.—
 3623         (2) The commission division shall, subject to competitive
 3624  bidding, contract for provision of services related to the
 3625  prevention of compulsive and addictive gambling. The contract
 3626  shall provide for an advertising program to encourage
 3627  responsible gaming practices and to publicize a gambling
 3628  telephone help line. Such advertisements must be made both
 3629  publicly and inside the designated slot machine gaming areas of
 3630  the licensee’s facilities. The terms of any contract for the
 3631  provision of such services shall include accountability
 3632  standards that must be met by any private provider. The failure
 3633  of any private provider to meet any material terms of the
 3634  contract, including the accountability standards, shall
 3635  constitute a breach of contract or grounds for nonrenewal. The
 3636  commission division may consult with the Department of the
 3637  Lottery in the development of the program and the development
 3638  and analysis of any procurement for contractual services for the
 3639  compulsive or addictive gambling prevention program.
 3640         (3) The compulsive or addictive gambling prevention program
 3641  shall be funded from an annual nonrefundable regulatory fee of
 3642  $250,000 paid by the licensee to the commission division.
 3643         Section 60. Paragraph (c) of subsection (4) of section
 3644  551.121, Florida Statutes, is amended to read:
 3645         551.121 Prohibited activities and devices; exceptions.—
 3646         (4)
 3647         (c) Outside the designated slot machine gaming areas, a
 3648  slot machine licensee or operator may accept or cash a check for
 3649  an employee of the facility who is prohibited from wagering on a
 3650  slot machine under s. 551.108(5), a check made directly payable
 3651  to a person licensed by the commission division, or a check made
 3652  directly payable to the slot machine licensee or operator from:
 3653         1. A pari-mutuel patron; or
 3654         2. A pari-mutuel facility in this state or in another
 3655  state.
 3656         Section 61. Section 551.122, Florida Statutes, is amended
 3657  to read:
 3658         551.122 Rulemaking.—The commission division may adopt rules
 3659  pursuant to ss. 120.536(1) and 120.54 to administer the
 3660  provisions of this chapter.
 3661         Section 62. Section 551.123, Florida Statutes, is amended
 3662  to read:
 3663         551.123 Legislative authority; administration of chapter.
 3664  The Legislature finds and declares that it has exclusive
 3665  authority over the conduct of all wagering occurring at a slot
 3666  machine facility in this state. As provided by law, only the
 3667  Florida Gaming Control Commission Division of Pari-mutuel
 3668  Wagering and other authorized state agencies shall administer
 3669  this chapter and regulate the slot machine gaming industry,
 3670  including operation of slot machine facilities, games, slot
 3671  machines, and facilities-based computer systems authorized in
 3672  this chapter and the rules adopted by the commission division.
 3673         Section 63. Subsection (5) of section 565.02, Florida
 3674  Statutes, is amended to read:
 3675         565.02 License fees; vendors; clubs; caterers; and others.—
 3676         (5) A caterer at a pari-mutuel facility licensed under
 3677  chapter 550 may obtain a license upon the payment of an annual
 3678  state license tax of $675. Such caterer’s license shall permit
 3679  sales only within the enclosure in which pari-mutuel wagering is
 3680  conducted under the authority of the Florida Gaming Control
 3681  Commission Division of Pari-mutuel Wagering of the Department of
 3682  Business and Professional Regulation. Except as otherwise
 3683  provided in this subsection, caterers licensed hereunder shall
 3684  be treated as vendors licensed to sell by the drink the
 3685  beverages mentioned herein and shall be subject to all the
 3686  provisions hereof relating to such vendors.
 3687         Section 64. Subsections (3) and (4) of section 817.37,
 3688  Florida Statutes, are amended to read:
 3689         817.37 Touting; defining; providing punishment; ejection
 3690  from racetracks.—
 3691         (3) Any person who in the commission of touting falsely
 3692  uses the name of any official of the Florida Gaming Control
 3693  Commission Division of Pari-mutuel Wagering, its inspectors or
 3694  attaches, or of any official of any racetrack association, or
 3695  the names of any owner, trainer, jockey, or other person
 3696  licensed by the Florida Gaming Control Commission Division of
 3697  Pari-mutuel Wagering, as the source of any information or
 3698  purported information shall be guilty of a felony of the third
 3699  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3700  775.084.
 3701         (4) Any person who has been convicted of touting by any
 3702  court, and the record of whose conviction on such charge is on
 3703  file in the office of the Florida Gaming Control Commission
 3704  Division of Pari-mutuel Wagering, any court of this state, or of
 3705  the Federal Bureau of Investigation, or any person who has been
 3706  ejected from any racetrack of this or any other state for
 3707  touting or practices inimical to the public interest shall be
 3708  excluded from all racetracks in this state and if such person
 3709  returns to a racetrack he or she shall be guilty of a
 3710  misdemeanor of the second degree, punishable as provided in s.
 3711  775.082 or s. 775.083. Any such person who refuses to leave such
 3712  track when ordered to do so by inspectors of the Florida Gaming
 3713  Control Commission Division of Pari-mutuel Wagering or by any
 3714  peace officer, or by an accredited attache of a racetrack or
 3715  association shall be guilty of a separate offense which shall be
 3716  a misdemeanor of the second degree, punishable as provided in s.
 3717  775.083.
 3718         Section 65. Paragraphs (f) and (g) of subsection (2),
 3719  subsection (4), paragraphs (a), (d), and (e) of subsection (5),
 3720  paragraphs (a), (b), (d), (e), (f), (g), and (h) of subsection
 3721  (6), paragraphs (a), (f), and (h) of subsection (7), subsection
 3722  (11), paragraphs (b), (c), (d), (e), and (h) of subsection (13),
 3723  subsection (14), paragraph (b) of subsection (15), paragraph (a)
 3724  of subsection (16), and paragraph (a) of subsection (17) of
 3725  section 849.086, Florida Statutes, are amended to read:
 3726         849.086 Cardrooms authorized.—
 3727         (2) DEFINITIONS.—As used in this section:
 3728         (f) “Cardroom operator” means a licensed pari-mutuel
 3729  permitholder which holds a valid permit and license issued by
 3730  the Florida Gaming Control Commission division pursuant to
 3731  chapter 550 and which also holds a valid cardroom license issued
 3732  by the commission division pursuant to this section which
 3733  authorizes such person to operate a cardroom and to conduct
 3734  authorized games in such cardroom.
 3735         (g) “Commission Division” means the Florida Gaming Control
 3736  Commission Division of Pari-mutuel Wagering of the Department of
 3737  Business and Professional Regulation.
 3738         (4) AUTHORITY OF COMMISSION DIVISION.—The commission
 3739  Division of Pari-mutuel Wagering of the Department of Business
 3740  and Professional Regulation shall administer this section and
 3741  regulate the operation of cardrooms under this section and the
 3742  rules adopted pursuant thereto, and is hereby authorized to:
 3743         (a) Adopt rules, including, but not limited to: the
 3744  issuance of cardroom and employee licenses for cardroom
 3745  operations; the operation of a cardroom; recordkeeping and
 3746  reporting requirements; and the collection of all fees and taxes
 3747  imposed by this section.
 3748         (b) Conduct investigations and monitor the operation of
 3749  cardrooms and the playing of authorized games therein.
 3750         (c) Review the books, accounts, and records of any current
 3751  or former cardroom operator.
 3752         (d) Suspend or revoke any license or permit, after hearing,
 3753  for any violation of the provisions of this section or the
 3754  administrative rules adopted pursuant thereto.
 3755         (e) Take testimony, issue summons and subpoenas for any
 3756  witness, and issue subpoenas duces tecum in connection with any
 3757  matter within its jurisdiction.
 3758         (f) Monitor and ensure the proper collection of taxes and
 3759  fees imposed by this section. Permitholder internal controls are
 3760  mandated to ensure no compromise of state funds. To that end, a
 3761  roaming commission division auditor will monitor and verify the
 3762  cash flow and accounting of cardroom revenue for any given
 3763  operating day.
 3764         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 3765  operate a cardroom in this state unless such person holds a
 3766  valid cardroom license issued pursuant to this section.
 3767         (a) Only those persons holding a valid cardroom license
 3768  issued by the commission division may operate a cardroom. A
 3769  cardroom license may only be issued to a licensed pari-mutuel
 3770  permitholder, and an authorized cardroom may only be operated at
 3771  the same facility at which the permitholder is authorized under
 3772  its valid pari-mutuel wagering permit to conduct pari-mutuel
 3773  wagering activities. An initial cardroom license shall be issued
 3774  to a pari-mutuel permitholder only after its facilities are in
 3775  place and after it conducts its first day of pari-mutuel
 3776  activities on racing or games.
 3777         (d) Persons seeking a license or a renewal thereof to
 3778  operate a cardroom shall make application on forms prescribed by
 3779  the commission division. Applications for cardroom licenses
 3780  shall contain all of the information the commission division, by
 3781  rule, may determine is required to ensure eligibility.
 3782         (e) The annual cardroom license fee for each facility shall
 3783  be $1,000 for each table to be operated at the cardroom. The
 3784  license fee shall be deposited by the commission division with
 3785  the Chief Financial Officer to the credit of the Pari-mutuel
 3786  Wagering Trust Fund.
 3787         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 3788  APPLICATION; FEES.—
 3789         (a) A person employed or otherwise working in a cardroom as
 3790  a cardroom manager, floor supervisor, pit boss, dealer, or any
 3791  other activity related to cardroom operations while the facility
 3792  is conducting card playing or games of dominoes must hold a
 3793  valid cardroom employee occupational license issued by the
 3794  commission division. Food service, maintenance, and security
 3795  employees with a current pari-mutuel occupational license and a
 3796  current background check will not be required to have a cardroom
 3797  employee occupational license.
 3798         (b) Any cardroom management company or cardroom distributor
 3799  associated with cardroom operations must hold a valid cardroom
 3800  business occupational license issued by the commission division.
 3801         (d) The commission division shall establish, by rule, a
 3802  schedule for the renewal of cardroom occupational licenses.
 3803  Cardroom occupational licenses are not transferable.
 3804         (e) Persons seeking cardroom occupational licenses, or
 3805  renewal thereof, shall make application on forms prescribed by
 3806  the commission division. Applications for cardroom occupational
 3807  licenses shall contain all of the information the commission
 3808  division, by rule, may determine is required to ensure
 3809  eligibility.
 3810         (f) The commission division shall adopt rules regarding
 3811  cardroom occupational licenses. The provisions specified in s.
 3812  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 3813  shall be applicable to cardroom occupational licenses.
 3814         (g) The commission division may deny, declare ineligible,
 3815  or revoke any cardroom occupational license if the applicant or
 3816  holder thereof has been found guilty or had adjudication
 3817  withheld in this state or any other state, or under the laws of
 3818  the United States of a felony or misdemeanor involving forgery,
 3819  larceny, extortion, conspiracy to defraud, or filing false
 3820  reports to a government agency, racing or gaming commission or
 3821  authority.
 3822         (h) Fingerprints for all cardroom occupational license
 3823  applications shall be taken in a manner approved by the
 3824  commission division and then shall be submitted to the Florida
 3825  Department of Law Enforcement and the Federal Bureau of
 3826  Investigation for a criminal records check upon initial
 3827  application and at least every 5 years thereafter. The
 3828  commission division may by rule require an annual record check
 3829  of all renewal applications for a cardroom occupational license.
 3830  The cost of processing fingerprints and conducting a record
 3831  check shall be borne by the applicant.
 3832         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3833         (a) A cardroom may be operated only at the location
 3834  specified on the cardroom license issued by the commission
 3835  division, and such location may only be the location at which
 3836  the pari-mutuel permitholder is authorized to conduct pari
 3837  mutuel wagering activities pursuant to such permitholder’s valid
 3838  pari-mutuel permit or as otherwise authorized by law.
 3839         (f) The cardroom facility is subject to inspection by the
 3840  commission division or any law enforcement agency during the
 3841  licensee’s regular business hours. The inspection must
 3842  specifically include the permitholder internal control
 3843  procedures approved by the commission division.
 3844         (h) Poker games played in a designated player manner in
 3845  which one player is permitted, but not required, to cover other
 3846  players’ wagers must comply with the following restrictions:
 3847         1. Poker games to be played in a designated player manner
 3848  must have been identified in cardroom license applications
 3849  approved by the former Division of Pari-mutuel Wagering division
 3850  on or before March 15, 2018, or, if a substantially similar
 3851  poker game, identified in cardroom license applications approved
 3852  by the former Division of Pari-mutuel Wagering division on or
 3853  before April 1, 2021.
 3854         2. If the cardroom is located in a county where slot
 3855  machine gaming is authorized under chapter 285 or chapter 551,
 3856  the cardroom operator is limited to offering no more than 10
 3857  tables for the play of poker games in a designated player
 3858  manner.
 3859         3. If the cardroom is located in a county where slot
 3860  machine gaming is not authorized under chapter 285 or chapter
 3861  551, the cardroom operator is limited to offering no more than
 3862  30 tables for the play of poker games in a designated player
 3863  manner.
 3864         4. There may not be more than nine players and the
 3865  nonplayer dealer at each table.
 3866         (11) RECORDS AND REPORTS.—
 3867         (a) Each licensee operating a cardroom shall keep and
 3868  maintain permanent daily records of its cardroom operation and
 3869  shall maintain such records for a period of not less than 3
 3870  years. These records shall include all financial transactions
 3871  and contain sufficient detail to determine compliance with the
 3872  requirements of this section. All records shall be available for
 3873  audit and inspection by the commission division or other law
 3874  enforcement agencies during the licensee’s regular business
 3875  hours. The information required in such records shall be
 3876  determined by commission division rule.
 3877         (b) Each licensee operating a cardroom shall file with the
 3878  commission division a report containing the required records of
 3879  such cardroom operation. Such report shall be filed monthly by
 3880  licensees. The required reports shall be submitted on forms
 3881  prescribed by the commission division and shall be due at the
 3882  same time as the monthly pari-mutuel reports are due to the
 3883  commission division, and such reports shall contain any
 3884  additional information deemed necessary by the commission
 3885  division, and the reports shall be deemed public records once
 3886  filed.
 3887         (13) TAXES AND OTHER PAYMENTS.—
 3888         (b) An admission tax equal to 15 percent of the admission
 3889  charge for entrance to the licensee’s cardroom facility, or 10
 3890  cents, whichever is greater, is imposed on each person entering
 3891  the cardroom. This admission tax shall apply only if a separate
 3892  admission fee is charged for entry to the cardroom facility. If
 3893  a single admission fee is charged which authorizes entry to both
 3894  or either the pari-mutuel facility and the cardroom facility,
 3895  the admission tax shall be payable only once and shall be
 3896  payable pursuant to chapter 550. The cardroom licensee shall be
 3897  responsible for collecting the admission tax. An admission tax
 3898  is imposed on any free passes or complimentary cards issued to
 3899  guests by licensees in an amount equal to the tax imposed on the
 3900  regular and usual admission charge for entrance to the
 3901  licensee’s cardroom facility. A cardroom licensee may issue tax
 3902  free passes to its officers, officials, and employees or other
 3903  persons actually engaged in working at the cardroom, including
 3904  accredited press representatives such as reporters and editors,
 3905  and may also issue tax-free passes to other cardroom licensees
 3906  for the use of their officers and officials. The licensee shall
 3907  file with the commission division a list of all persons to whom
 3908  tax-free passes are issued.
 3909         (c) Payment of the admission tax and gross receipts tax
 3910  imposed by this section shall be paid to the commission
 3911  division. The commission division shall deposit these sums with
 3912  the Chief Financial Officer, one-half being credited to the
 3913  Pari-mutuel Wagering Trust Fund and one-half being credited to
 3914  the General Revenue Fund. The cardroom licensee shall remit to
 3915  the commission division payment for the admission tax, the gross
 3916  receipts tax, and the licensee fees. Such payments shall be
 3917  remitted to the commission division on the fifth day of each
 3918  calendar month for taxes and fees imposed for the preceding
 3919  month’s cardroom activities. Licensees shall file a report under
 3920  oath by the fifth day of each calendar month for all taxes
 3921  remitted during the preceding calendar month. Such report shall,
 3922  under oath, indicate the total of all admissions, the cardroom
 3923  activities for the preceding calendar month, and such other
 3924  information as may be prescribed by the commission division.
 3925         (d)1. Each jai alai permitholder that conducts live
 3926  performances and operates a cardroom facility shall use at least
 3927  4 percent of such permitholder’s cardroom monthly gross receipts
 3928  to supplement jai alai prize money during the permitholder’s
 3929  next ensuing pari-mutuel meet.
 3930         2. Each thoroughbred permitholder or harness horse racing
 3931  permitholder that conducts live performances and operates a
 3932  cardroom facility shall use at least 50 percent of such
 3933  permitholder’s cardroom monthly net proceeds as follows: 47
 3934  percent to supplement purses and 3 percent to supplement
 3935  breeders’ awards during the permitholder’s next ensuing racing
 3936  meet.
 3937         3. No cardroom license or renewal thereof shall be issued
 3938  to an applicant holding a permit under chapter 550 to conduct
 3939  pari-mutuel wagering meets of quarter horse racing and
 3940  conducting live performances unless the applicant has on file
 3941  with the commission division a binding written agreement between
 3942  the applicant and the Florida Quarter Horse Racing Association
 3943  or the association representing a majority of the horse owners
 3944  and trainers at the applicant’s eligible facility, governing the
 3945  payment of purses on live quarter horse races conducted at the
 3946  licensee’s pari-mutuel facility. The agreement governing purses
 3947  may direct the payment of such purses from revenues generated by
 3948  any wagering or gaming the applicant is authorized to conduct
 3949  under Florida law. All purses shall be subject to the terms of
 3950  chapter 550.
 3951         (e) The failure of any licensee to make payments as
 3952  prescribed in paragraph (c) is a violation of this section, and
 3953  the licensee may be subjected by the commission division to a
 3954  civil penalty of up to $1,000 for each day the tax payment is
 3955  not remitted. All penalties imposed and collected shall be
 3956  deposited in the General Revenue Fund. If a licensee fails to
 3957  pay penalties imposed by order of the commission division under
 3958  this subsection, the commission division may suspend or revoke
 3959  the license of the cardroom operator or deny issuance of any
 3960  further license to the cardroom operator.
 3961         (h) One-quarter of the moneys deposited into the Pari
 3962  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3963  October 1 of each year, be distributed to the local government
 3964  that approved the cardroom under subsection (16); however, if
 3965  two or more pari-mutuel racetracks are located within the same
 3966  incorporated municipality, the cardroom funds shall be
 3967  distributed to the municipality. If a pari-mutuel facility is
 3968  situated in such a manner that it is located in more than one
 3969  county, the site of the cardroom facility shall determine the
 3970  location for purposes of disbursement of tax revenues under this
 3971  paragraph. The commission division shall, by September 1 of each
 3972  year, determine: the amount of taxes deposited into the Pari
 3973  mutuel Wagering Trust Fund pursuant to this section from each
 3974  cardroom licensee; the location by county of each cardroom;
 3975  whether the cardroom is located in the unincorporated area of
 3976  the county or within an incorporated municipality; and, the
 3977  total amount to be distributed to each eligible county and
 3978  municipality.
 3979         (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
 3980         (a) The commission division may deny a license or the
 3981  renewal thereof, or may suspend or revoke any license, when the
 3982  applicant has: violated or failed to comply with the provisions
 3983  of this section or any rules adopted pursuant thereto; knowingly
 3984  caused, aided, abetted, or conspired with another to cause any
 3985  person to violate this section or any rules adopted pursuant
 3986  thereto; or obtained a license or permit by fraud,
 3987  misrepresentation, or concealment; or if the holder of such
 3988  license or permit is no longer eligible under this section.
 3989         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 3990  license is suspended or revoked by the commission division
 3991  pursuant to chapter 550, the commission division may, but is not
 3992  required to, suspend or revoke such permitholder’s cardroom
 3993  license. If a cardroom operator’s license is suspended or
 3994  revoked pursuant to this section, the commission division may,
 3995  but is not required to, suspend or revoke such licensee’s pari
 3996  mutuel permit or license.
 3997         (c) Notwithstanding any other provision of this section,
 3998  the commission division may impose an administrative fine not to
 3999  exceed $1,000 for each violation against any person who has
 4000  violated or failed to comply with the provisions of this section
 4001  or any rules adopted pursuant thereto.
 4002         (15) CRIMINAL PENALTY; INJUNCTION.—
 4003         (b) The commission division, any state attorney, the
 4004  statewide prosecutor, or the Attorney General may apply for a
 4005  temporary or permanent injunction restraining further violation
 4006  of this section, and such injunction shall issue without bond.
 4007         (16) LOCAL GOVERNMENT APPROVAL.—
 4008         (a) The commission Division of Pari-mutuel Wagering shall
 4009  not issue any initial license under this section except upon
 4010  proof in such form as the commission division may prescribe that
 4011  the local government where the applicant for such license
 4012  desires to conduct cardroom gaming has voted to approve such
 4013  activity by a majority vote of the governing body of the
 4014  municipality or the governing body of the county if the facility
 4015  is not located in a municipality.
 4016         (17) CHANGE OF LOCATION; REFERENDUM.—
 4017         (a) Notwithstanding any provisions of this section, no
 4018  cardroom gaming license issued under this section shall be
 4019  transferred, or reissued when such reissuance is in the nature
 4020  of a transfer, so as to permit or authorize a licensee to change
 4021  the location of the cardroom except upon proof in such form as
 4022  the commission division may prescribe that a referendum election
 4023  has been held:
 4024         1. If the proposed new location is within the same county
 4025  as the already licensed location, in the county where the
 4026  licensee desires to conduct cardroom gaming and that a majority
 4027  of the electors voting on the question in such election voted in
 4028  favor of the transfer of such license. However, the commission
 4029  division shall transfer, without requirement of a referendum
 4030  election, the cardroom license of any permitholder that
 4031  relocated its permit pursuant to s. 550.0555.
 4032         2. If the proposed new location is not within the same
 4033  county as the already licensed location, in the county where the
 4034  licensee desires to conduct cardroom gaming and that a majority
 4035  of the electors voting on that question in each such election
 4036  voted in favor of the transfer of such license.
 4037         Reviser’s Note.—Amended pursuant to the directive of the
 4038         Legislature to the Division of Law Revision in s. 13, ch.
 4039         2021-269, Laws of Florida, to replace references to the
 4040         Division of Pari-mutuel Wagering and references to the
 4041         Department of Business and Professional Regulation relating
 4042         to gaming with references to the Florida Gaming Control
 4043         Commission to conform the Florida Statutes to the transfer
 4044         of duties in s. 11, ch. 2021-269.
 4045         Section 66. This act shall take effect July 1, 2022.