Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 804
Ì597826OÎ597826
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/13/2024 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 84 - 469
4 and insert:
5 licensees.—The commission may deny the application of, or
6 suspend or revoke the license of, any person who submits an
7 application for licensure upon which application the person has
8 falsely sworn, in a signed oath or affirmation, to a material
9 statement, including, but not limited to, the criminal history
10 of the applicant or licensee. Additionally, the person is
11 subject to any other penalties provided by law.
12 Section 2. Section 16.718, Florida Statutes, is created to
13 read:
14 16.718 Florida Gaming Control Commission; notification of
15 applicants’ or licensees’ addresses and place of employment;
16 service.—
17 (1) Each applicant for a license with the commission and
18 each licensee of the commission is responsible for notifying the
19 commission in writing of the applicant’s or licensee’s current
20 mailing address, e-mail address, and place of employment. An
21 applicant’s failure to notify the commission constitutes a
22 violation of this section, and the applicant’s application may
23 be denied. A licensee’s failure to notify the commission of any
24 change to the e-mail or mailing address of record constitutes a
25 violation of this section, and the licensee may be disciplined
26 by the commission as described in s. 550.0251(10).
27 (2) Notwithstanding any provision of law to the contrary,
28 service by e-mail to an applicant’s or licensee’s e-mail address
29 of record with the commission constitutes sufficient notice to
30 the applicant or licensee for any official communication. The
31 commission may, in its discretion, provide service for any
32 official communication by regular mail to an applicant’s or
33 licensee’s last known mailing address. The commission is not
34 required to provide service by both e-mail and regular mail.
35 (3) Notwithstanding any provision of law to the contrary,
36 when an administrative complaint or other document setting forth
37 intended or final agency action is to be served on an applicant
38 or a licensee, the commission is only required to provide
39 service by e-mail to the applicant’s or licensee’s e-mail
40 address on record with the commission. E-mail service
41 constitutes sufficient notice to the person or persons upon whom
42 an administrative complaint or any other document setting forth
43 intended or final agency action is served. The commission may,
44 in its discretion, provide service of an administrative
45 complaint or any other documents setting forth intended or final
46 agency action by regular mail to an applicant’s or licensee’s
47 last known mailing address. The commission is not required to
48 provide service by both e-mail and regular mail.
49 Section 3. Subsections (1), (3), (4), and (5) of section
50 550.01215, Florida Statutes, are amended to read:
51 550.01215 License application; periods of operation;
52 license fees; bond.—
53 (1) Each permitholder shall annually, during the period
54 between January December 15 and February January 4, file in
55 writing with the commission its application for an operating
56 license for a pari-mutuel facility for the conduct of pari
57 mutuel wagering during the next state fiscal year, including
58 intertrack and simulcast race wagering. Each application for
59 live performances must specify the number, dates, and starting
60 times of all live performances that the permitholder intends to
61 conduct. It must also specify which performances will be
62 conducted as charity or scholarship performances.
63 (a) Each application for an operating license also must
64 include:
65 1. For each permitholder, whether the permitholder intends
66 to accept wagers on intertrack or simulcast events.
67 2. For each permitholder that elects to operate a cardroom,
68 the dates and periods of operation the permitholder intends to
69 operate the cardroom.
70 3. For each thoroughbred racing permitholder that elects to
71 receive or rebroadcast out-of-state races, the dates for all
72 performances that the permitholder intends to conduct.
73 (b)1. A greyhound permitholder may not conduct live racing.
74 A jai alai permitholder, harness horse racing permitholder, or
75 quarter horse racing permitholder may elect not to conduct live
76 racing or games. A thoroughbred permitholder must conduct live
77 racing. A greyhound permitholder, jai alai permitholder, harness
78 horse racing permitholder, or quarter horse racing permitholder
79 that does not conduct live racing or games retains its permit;
80 is a pari-mutuel facility as defined in s. 550.002(23); if such
81 permitholder has been issued a slot machine license, the
82 facility where such permit is located remains an eligible
83 facility as defined in s. 551.102(4), continues to be eligible
84 for a slot machine license pursuant to s. 551.104(3), and is
85 exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
86 eligible, but not required, to be a guest track and, if the
87 permitholder is a harness horse racing permitholder, to be a
88 host track for purposes of intertrack wagering and simulcasting
89 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
90 remains eligible for a cardroom license.
91 2. A permitholder or licensee may not conduct live
92 greyhound racing or dogracing in connection with any wager for
93 money or any other thing of value in the state. The commission
94 may deny, suspend, or revoke any permit or license under this
95 chapter if a permitholder or licensee conducts live greyhound
96 racing or dogracing in violation of this subparagraph. In
97 addition to, or in lieu of, denial, suspension, or revocation of
98 such permit or license, the commission may impose a civil
99 penalty of up to $5,000 against the permitholder or licensee for
100 a violation of this subparagraph. All penalties imposed and
101 collected must be deposited with the Chief Financial Officer to
102 the credit of the General Revenue Fund.
103 (c) Permitholders may amend their applications through
104 March February 28.
105 (d) Notwithstanding any other provision of law, other than
106 a permitholder issued a permit pursuant to s. 550.3345, a pari
107 mutuel permitholder may not be issued an operating license for
108 the conduct of pari-mutuel wagering, slot machine gaming, or the
109 operation of a cardroom if the permitholder did not hold an
110 operating license for the conduct of pari-mutuel wagering for
111 fiscal year 2020-2021. This paragraph does not apply to a
112 purchaser, transferee, or assignee holding a valid permit for
113 the conduct of pari-mutuel wagering approved pursuant to s.
114 550.054(15)(a).
115 (3) The commission shall issue each license no later than
116 April March 15. Each permitholder shall operate all performances
117 at the date and time specified on its license. The commission
118 shall have the authority to approve minor changes in racing
119 dates after a license has been issued. The commission may
120 approve changes in performance racing dates after a license has
121 been issued when there is no objection from any operating
122 permitholder that is conducting live racing or games and that is
123 located within 50 miles of the permitholder requesting the
124 changes in operating dates. In the event of an objection, the
125 commission shall approve or disapprove the change in operating
126 dates based upon the impact on operating permitholders located
127 within 50 miles of the permitholder requesting the change in
128 operating dates. In making the determination to change
129 performance racing dates, the commission may shall take into
130 consideration the impact of such changes on state revenues.
131 (4) In the event that a permitholder fails to operate all
132 performances specified on its license at the date and time
133 specified, the commission may shall hold a hearing to determine
134 whether to fine or suspend the permitholder’s license, unless
135 such failure was the direct result of fire, strike, war,
136 hurricane, pandemic, or other disaster or event beyond the
137 ability of the permitholder to control. Financial hardship to
138 the permitholder shall not, in and of itself, constitute just
139 cause for failure to operate all performances on the dates and
140 at the times specified.
141 (5) In the event that performances licensed to be operated
142 by a permitholder are vacated, abandoned, or will not be used
143 for any reason, any permitholder shall be entitled, pursuant to
144 rules adopted by the commission, to apply to conduct
145 performances on the dates for which the performances have been
146 abandoned. The commission shall issue an amended license for all
147 such replacement performances which have been requested in
148 compliance with this chapter and commission rules.
149 Section 4. Section 550.0351, Florida Statutes, is amended
150 to read:
151 550.0351 Charity racing days.—
152 (1) The commission shall, upon the request of a
153 permitholder, authorize each horseracing permitholder and jai
154 alai permitholder up to five charity or scholarship days in
155 addition to the regular racing days authorized by law.
156 (2) The proceeds of charity performances shall be paid to
157 qualified beneficiaries selected by the permitholders from an
158 authorized list of charities on file with the commission.
159 Eligible charities include any charity that provides evidence of
160 compliance with the provisions of chapter 496 and evidence of
161 possession of a valid exemption from federal taxation issued by
162 the Internal Revenue Service. In addition, the authorized list
163 must include the Racing Scholarship Trust Fund, the Historical
164 Resources Operating Trust Fund, major state and private
165 institutions of higher learning, and Florida community colleges.
166 (3) The permitholder shall, within 120 days after the
167 conclusion of its fiscal year, pay to the authorized charities
168 the total of all profits derived from the operation of the
169 charity day performances conducted. If charity days are operated
170 on behalf of another permitholder pursuant to law, the
171 permitholder entitled to distribute the proceeds shall
172 distribute the proceeds to charity within 30 days after the
173 actual receipt of the proceeds.
174 (4) The total of all profits derived from the conduct of a
175 charity day performance must include all revenues derived from
176 the conduct of that racing performance, including all state
177 taxes that would otherwise be due to the state, except that the
178 daily license fee as provided in s. 550.0951(1) and the breaks
179 for the promotional trust funds as provided in s. 550.2625(3),
180 (4), (5), (7), and (8) shall be paid to the commission. All
181 other revenues from the charity racing performance, including
182 the commissions, breaks, and admissions and the revenues from
183 parking, programs, and concessions, shall be included in the
184 total of all profits.
185 (5) In determining profit, the permitholder may elect to
186 distribute as proceeds only the amount equal to the state tax
187 that would otherwise be paid to the state if the charity day
188 were conducted as a regular or matinee performance.
189 (6)(a) The commission shall authorize one additional
190 scholarship day for horseracing in addition to the regular
191 racing days authorized by law and any additional days authorized
192 by this section, to be conducted at all horse racetracks located
193 in Hillsborough County. The permitholder shall conduct a full
194 schedule of racing on the scholarship day.
195 (b) The funds derived from the operation of the additional
196 scholarship day shall be allocated as provided in this section
197 and paid to Pasco-Hernando Community College.
198 (c) When a charity or scholarship performance is conducted
199 as a matinee performance, the commission may authorize the
200 permitholder to conduct the evening performances of that
201 operation day as a regular performance in addition to the
202 regular operating days authorized by law.
203 (7) In addition to the eligible charities that meet the
204 criteria set forth in this section, a jai alai permitholder is
205 authorized to conduct two additional charity performances each
206 fiscal year for a fund to benefit retired jai alai players. This
207 performance shall be known as the “Retired Jai Alai Players
208 Charity Day.” The administration of this fund shall be
209 determined by rule by the commission.
210 Section 5. Paragraph (a) of subsection (9) of section
211 550.054, Florida Statutes, is amended to read:
212 550.054 Application for permit to conduct pari-mutuel
213 wagering.—
214 (9)(a) After a permit has been granted by the commission
215 and has been ratified and approved by the majority of the
216 electors participating in the election in the county designated
217 in the permit, the commission shall grant to the lawful
218 permitholder, subject to the conditions of this chapter, a
219 license to conduct pari-mutuel operations under this chapter,
220 and, except as provided in s. 550.5251, the commission shall fix
221 annually the time, place, and number of days during which pari
222 mutuel operations may be conducted by the permitholder at the
223 location fixed in the permit and ratified in the election. After
224 the first license has been issued to the holder of a ratified
225 permit for racing in any county, all subsequent annual
226 applications for a license by that permitholder must be
227 accompanied by proof, in such form as the commission requires,
228 that the ratified permitholder still possesses all the
229 qualifications prescribed by this chapter and that the permit
230 has not been recalled at a later election held in the county.
231 Section 6. Subsections (1) and (5) of section 550.0951,
232 Florida Statutes, are amended to read:
233 550.0951 Payment of daily license fee and taxes;
234 penalties.—
235 (1) DAILY LICENSE FEE.—
236 (a) Each person engaged in the business of conducting race
237 meetings or jai alai games under this chapter, hereinafter
238 referred to as the “permitholder,” “licensee,” or “permittee,”
239 shall pay to the commission, for the use of the commission, a
240 daily license fee on each live or simulcast pari-mutuel event of
241 $100 for each horserace and $80 for each dograce and $40 for
242 each jai alai game conducted at a racetrack or fronton licensed
243 under this chapter. In addition to the tax exemption specified
244 in s. 550.09514(1) of $360,000 or $500,000 per greyhound
245 permitholder per state fiscal year, each greyhound permitholder
246 shall receive in the current state fiscal year a tax credit
247 equal to the number of live greyhound races conducted in the
248 previous state fiscal year times the daily license fee specified
249 for each dograce in this subsection applicable for the previous
250 state fiscal year. This tax credit and the exemption in s.
251 550.09514(1) apply shall be applicable to any tax imposed by
252 this chapter or the daily license fees imposed by this chapter
253 except during any charity or scholarship performances conducted
254 pursuant to s. 550.0351. Each permitholder shall pay daily
255 license fees not to exceed $500 per day on any simulcast races
256 or games on which such permitholder accepts wagers regardless of
257 the number of out-of-state events taken or the number of out-of
258 state locations from which such events are taken. This license
259 fee shall be deposited with the Chief Financial Officer to the
260 credit of the Pari-mutuel Wagering Trust Fund.
261 (b) Each permitholder that cannot utilize the full amount
262 of the exemption of $360,000 or $500,000 provided in s.
263 550.09514(1) or the daily license fee credit provided in this
264 section may, after notifying the commission in writing, elect
265 once per state fiscal year on a form provided by the commission
266 to transfer such exemption or credit or any portion thereof to
267 any greyhound permitholder which acts as a host track to such
268 permitholder for the purpose of intertrack wagering. Once an
269 election to transfer such exemption or credit is filed with the
270 commission, it may shall not be rescinded. The commission shall
271 disapprove the transfer when the amount of the exemption or
272 credit or portion thereof is unavailable to the transferring
273 permitholder or when the permitholder who is entitled to
274 transfer the exemption or credit or who is entitled to receive
275 the exemption or credit owes taxes to the state pursuant to a
276 deficiency letter or administrative complaint issued by the
277 commission. Upon approval of the transfer by the commission, the
278 transferred tax exemption or credit is shall be effective for
279 the first performance of the next payment period as specified in
280 subsection (5). The exemption or credit transferred to such host
281 track may be applied by such host track against any taxes
282 imposed by this chapter or daily license fees imposed by this
283 chapter. The greyhound permitholder host track to which such
284 exemption or credit is transferred shall reimburse such
285 permitholder the exact monetary value of such transferred
286 exemption or credit as actually applied against the taxes and
287 daily license fees of the host track. The commission shall
288 ensure that all transfers of exemption or credit are made in
289 accordance with this subsection and has shall have the authority
290 to adopt rules to ensure the implementation of this section.
291 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
292 imposed by this section must shall be paid to the commission.
293 The commission shall deposit these sums with the Chief Financial
294 Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
295 hereby established. The permitholder shall remit to the
296 commission payment for the daily license fee, the admission tax,
297 the tax on handle, and the breaks tax. Such payments shall be
298 remitted by 3 p.m. Wednesday of each week for taxes imposed and
299 collected for the preceding week ending on Sunday. Beginning on
300 July 1, 2012, such payments must shall be remitted by 3 p.m. on
301 the 5th day of each calendar month for taxes imposed and
302 collected for the preceding calendar month. If the 5th day of
303 the calendar month falls on a weekend, payments must shall be
304 remitted by 3 p.m. the first Monday following the weekend.
305 Permitholders shall file a report under oath by the 5th day of
306 each calendar month for all taxes remitted during the preceding
307 calendar month. Such payments must shall be accompanied by a
308 report under oath showing the total of all admissions, the pari
309 mutuel wagering activities for the preceding calendar month, and
310 such other information as may be prescribed by the commission.
311 Section 7. Subsection (7) of section 550.09515, Florida
312 Statutes, is amended, and subsection (4) of that section is
313 reenacted for the purpose of incorporating the amendment made by
314 this act to section 550.0951, Florida Statutes, to read:
315 550.09515 Thoroughbred horse taxes; abandoned interest in a
316 permit for nonpayment of taxes.—
317 (4) In the event that a court of competent jurisdiction
318 determines any of the provisions of this section to be
319 unconstitutional, it is the intent of the Legislature that the
320 provisions contained in this section shall be null and void and
321 that the provisions of s. 550.0951 shall apply to all
322 thoroughbred horse permitholders beginning on the date of such
323 judicial determination. To this end, the Legislature declares
324 that it would not have enacted any of the provisions of this
325 section individually and, to that end, expressly finds them not
326 to be severable.
327 (7) If a thoroughbred permitholder fails to operate all
328 performances on its 2001-2002 license, failure to pay tax on
329 handle for a full schedule of live races for those performances
330 in the 2001-2002 fiscal year does not constitute failure to pay
331 taxes on handle for a full schedule of live races in a fiscal
332 year for the purposes of subsection (3). This subsection may not
333 be construed as forgiving a thoroughbred permitholder from
334 paying taxes on performances conducted at its facility pursuant
335 to its 2001-2002 license other than for failure to operate all
336 performances on its 2001-2002 license. This subsection expires
337 July 1, 2003.
338 Section 8. Paragraphs (a) and (c) of subsection (5) of
339 section 550.105, Florida Statutes, are amended to read:
340 550.105 Occupational licenses of racetrack employees; fees;
341 denial, suspension, and revocation of license; penalties and
342 fines.—
343 (5)(a) The commission may do the following, if the state
344 racing commission or racing authority of such other state or
345 jurisdiction extends to the commission reciprocal courtesy to
346 maintain the disciplinary control:
347 1. Deny a license to or revoke, suspend, or place
348 conditions upon or restrictions on a license of any person who
349 has been refused a license by any other state racing commission
350 or racing authority or has been subject to a provisional
351 suspension or period of ineligibility by the federal Horseracing
352 Integrity and Safety Authority (HISA), or another such authority
353 designated by the Federal Trade Commission.;
354 2. Deny, suspend, or place conditions on a license of any
355 person who is under suspension, or has unpaid fines in another
356 jurisdiction, or is subject to a provisional suspension or
357 period of ineligibility under HISA.;
358 3. Notwithstanding subparagraph 2. and chapter 120,
359 summarily suspend the occupational license of any person subject
360 to a provisional suspension or period of ineligibility imposed
361 by HISA related to a prohibited substance in an animal’s hair or
362 in its blood, urine, saliva, or any other bodily fluid. Any
363 suspension imposed pursuant to this subparagraph expires on the
364 date that the provisional suspension or period of ineligibility
365 imposed by HISA expires. If an occupational licensee is
366 summarily suspended under this subparagraph, the commission must
367 offer the licensee a postsuspension hearing within 72 hours
368 after commencement of the suspension. The occupational licensee
369 has the burden of proving by clear and convincing evidence that
370 he or she is not subject to a provisional suspension or period
371 of ineligibility imposed by HISA. The standard of review
372 applicable to the commission under this subparagraph is whether
373 the commission’s action was an abuse of discretion
374
375 if the state racing commission or racing authority of such other
376 state or jurisdiction extends to the commission reciprocal
377 courtesy to maintain the disciplinary control.
378 (c) The commission may deny, declare ineligible, or revoke
379 any occupational license if the applicant for such license has
380 been convicted of a felony or misdemeanor in this state, in any
381 other state, or under the laws of the United States, if such
382 felony or misdemeanor is related to gambling or bookmaking, as
383 contemplated in s. 849.25, or involves cruelty to animals. If
384 the applicant establishes that she or he is of good moral
385 character, that she or he has been rehabilitated, and that the
386 crime she or he was convicted of is not related to pari-mutuel
387 wagering and is not a capital offense, the restrictions
388 excluding offenders may be waived by the director of the
389 commission.
390 Section 9. Paragraph (a) of subsection (2) of section
391 550.125, Florida Statutes, is amended to read:
392 550.125 Uniform reporting system; bond requirement.—
393 (2)(a) Each permitholder issued an operating license that
394 conducts race meetings or jai alai exhibitions under this
395 chapter shall keep records that clearly show the total number of
396 admissions and the total amount of money contributed to each
397 pari-mutuel pools, cardroom gross receipts, and slot machine
398 revenues pool on each race or exhibition separately and the
399 amount of money received daily from admission fees and, within
400 120 days after the end of its fiscal year, shall submit to the
401 commission a complete annual report of its accounts, audited by
402 a certified public accountant licensed to practice in this the
403 state.
404 Section 10. Subsection (3) of section 550.3551, Florida
405 Statutes, is amended to read:
406 550.3551 Transmission of racing and jai alai information;
407 commingling of pari-mutuel pools.—
408 (3) Any horse track licensed under this chapter may receive
409 broadcasts of horseraces conducted at other horse racetracks
410 located outside this state at the racetrack enclosure of the
411 licensee, if the horse track conducted a full schedule of live
412 racing during the preceding state fiscal year during its racing
413 meet.
414 (a) All broadcasts of horseraces received from locations
415 outside this state must comply with the provisions of the
416 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
417 3001 et seq.
418 (b) Wagers accepted at the horse track in this state may
419 be, but are not required to be, included in the pari-mutuel
420 pools of the out-of-state horse track that broadcasts the race.
421 Notwithstanding any contrary provisions of this chapter, if the
422 horse track in this state elects to include wagers accepted on
423 such races in the pari-mutuel pools of the out-of-state horse
424 track that broadcasts the race, from the amount wagered by
425 patrons at the horse track in this state and included in the
426 pari-mutuel pools of the out-of-state horse track, the horse
427 track in this state shall deduct as the takeout from the amount
428 wagered by patrons at the horse track in this state and included
429 in the pari-mutuel pools of the out-of-state horse track a
430 percentage equal to the percentage deducted from the amount
431 wagered at the out-of-state racetrack as is authorized by the
432 laws of the jurisdiction exercising regulatory authority over
433 the out-of-state horse track.
434 (c) All forms of pari-mutuel wagering are allowed on races
435 broadcast under this section, and all money wagered by patrons
436 on such races shall be computed as part of the total amount of
437 money wagered at each racing performance for purposes of
438 taxation under ss. 550.0951, 550.09512, and 550.09515. Section
439 550.2625(2)(a), (b), and (c) does not apply to any money wagered
440 on races broadcast under this section. Similarly, the takeout
441 shall be increased by breaks and uncashed tickets for wagers on
442 races broadcast under this section, notwithstanding any contrary
443 provision of this chapter.
444 Section 11. Subsection (3) of section 550.505, Florida
445 Statutes, is amended to read:
446 550.505 Nonwagering permits.—
447 (3)(a) Upon receipt of a nonwagering permit, the
448 permitholder shall apply between January 15 and February 4 must
449 apply to the commission before June 1 of each year for a an
450 annual nonwagering license for the next state fiscal succeeding
451 calendar year. Such application must set forth the days and
452 locations at which the permitholder will conduct nonwagering
453 horseracing, must demonstrate that any location to which the
454 nonwagering license applies is available for such use, and must
455 indicate any changes in ownership or management of the
456 permitholder occurring since the date of application for the
457 prior license.
458 (b) On or before April 15 August 1 of each year, the
459 commission shall issue a license authorizing the nonwagering
460 permitholder to conduct nonwagering horseracing during the next
461 state fiscal succeeding calendar year during the period and for
462 the number of days set forth in the application, subject to all
463 other provisions of this section.
464 (c) The commission may extend a nonwagering license for the
465 2024 calendar year through the 2024-2025 fiscal year upon
466 application for such extension by the nonwagering permitholder
467 conduct an eligibility investigation to determine the
468 qualifications of any new ownership or management interest in
469 the permit.
470 Section 12. Subsection (1) of section 550.5251, Florida
471 Statutes, is amended to read:
472 550.5251 Florida thoroughbred racing; certain permits;
473 operating days.—
474 (1) Each thoroughbred permitholder shall annually, during
475 the period commencing January December 15 of each year and
476 ending February January 4 of the following year, file in writing
477 with the commission its application to conduct one or more
478 thoroughbred racing meetings during the thoroughbred racing
479 season commencing on the following July 1. Each application
480 shall specify the number and dates of all performances that the
481 permitholder intends to conduct during that thoroughbred racing
482 season. On or before April March 15 of each year, the commission
483 shall issue a license authorizing each permitholder to conduct
484 performances on the dates specified in its application. Up to
485 March February 28 of each year, each permitholder may request
486 and shall be granted changes in its application to conduct
487 authorized performances; but thereafter, as a condition
488 precedent to the validity of its license and its right to retain
489 its permit, each permitholder must operate the full number of
490 days authorized on each of the dates set forth in its license.
491 Section 13. Paragraph (b) of subsection (4) and subsection
492 (8) of section 551.104, Florida Statutes, are amended to read:
493 551.104 License to conduct slot machine gaming.—
494 (4) As a condition of licensure and to maintain continued
495 authority for the conduct of slot machine gaming, the slot
496 machine licensee shall:
497 (b) Continue to be in compliance with chapter 550, when
498 where applicable, and maintain the pari-mutuel permit and
499 license in good standing pursuant to the provisions of chapter
500 550. Notwithstanding any contrary provision of law and in order
501 to expedite the operation of slot machines at eligible
502 facilities, any eligible facility shall be entitled within 60
503 days after the effective date of this act to amend its 2006-2007
504 pari-mutuel wagering operating license issued by the commission
505 under ss. 550.0115 and 550.01215. The commission shall issue a
506 new license to the eligible facility to effectuate any approved
507 change.
508 (8) A slot machine licensee shall file with the commission
509 an audit of the receipt and distribution of all slot machine
510 revenues provided by an independent certified public accountant
511 licensed under chapter 473 verifying compliance with all
512 financial and auditing provisions of this chapter and the
513 associated rules adopted under this chapter. The audit must
514 include verification of compliance with all statutes and rules
515 regarding all required records of slot machine operations. Such
516 audit must shall be filed within 120 60 days after the end of
517 the slot machine licensee’s fiscal year completion of the
518 permitholder’s pari-mutuel meet.
519 ================= T I T L E A M E N D M E N T ================
520 And the title is amended as follows:
521 Delete lines 2 - 59
522 and insert:
523 An act relating gaming licenses and permits; creating
524 s. 16.717, F.S.; authorizing the Florida Gaming
525 Control Commission to deny an application for
526 licensure of, or suspend or revoke the license of, any
527 person who falsely swears under oath or affirmation to
528 certain material statements on his or her application
529 for a license; providing that such persons are subject
530 to other applicable penalties; creating s. 16.718,
531 F.S.; requiring applicants for licenses and licensees
532 to notify the commission of certain contact
533 information and of any change in such contact
534 information and providing penalties for failure to
535 comply; providing that delivery of correspondence to
536 the licensee’s or applicant’s e-mail or mailing
537 address on record with the commission constitutes
538 sufficient notice for official communications,
539 including administrative complaints or other documents
540 setting forth intended or final agency action;
541 providing discretion to the commission in the method
542 of service of such correspondence; amending s.
543 550.01215, F.S.; revising the timeframe during which a
544 permitholder is required to annually file an
545 application for an operating license for a pari-mutuel
546 facility during the next state fiscal year; revising
547 the date by which the commission is required to issue
548 such license; revising the deadline for application
549 amendments; revising the deadline date for the
550 commission to issue a license; authorizing, rather
551 than requiring, the commission to take into
552 consideration the impact of such change on state
553 revenues when determining whether to change a
554 performance date; authorizing, rather than requiring,
555 the commission to hold a hearing before taking
556 specified actions on a permitholder’s license;
557 deleting a provision giving permitholders the right to
558 apply for a license for performances that have been
559 vacated, abandoned, or will not be used by another
560 permitholder; making technical changes; amending ss.
561 550.0351 and 550.054, F.S.; conforming provisions to
562 changes made by the act; amending s. 550.0951, F.S.;
563 making technical changes; removing obsolete language;
564 reenacting and amending s. 550.09515, F.S.; removing
565 obsolete language; amending s. 550.105, F.S.;
566 expanding the commission’s authority to deny, revoke,
567 suspend, or place conditions on certain licenses;
568 authorizing the commission to summarily suspend a
569 license when a person has been subject to a
570 provisional suspension or period of ineligibility
571 imposed by the federal Horseracing Integrity and
572 Safety Authority related to the finding of a
573 prohibited substance in an animal’s hair or bodily
574 fluids; providing that any suspension imposed expires
575 at the same time the Horseracing Integrity and Safety
576 Authority’s provisional suspension or period of
577 ineligibility expires; requiring the commission to
578 offer a licensee a postsuspension hearing within a
579 specified timeframe; providing a burden of proof for
580 such hearings; providing a standard of review for the
581 commission for such appeals; amending s. 550.125,
582 F.S.; revising requirements for maintaining certain
583 financial records and applying such requirements to
584 all, rather than specified, pari-mutuel wagering
585 permitholders; amending s. 550.3551, F.S.; authorizing
586 a licensed horse track to receive broadcasts of
587 horseraces conducted at horse racetracks outside this
588 state if certain conditions are met; amending s.
589 550.505, F.S.; revising the timeframe for nonwagering
590 permitholders to apply for a nonwagering license;
591 requiring permitholders to demonstrate that locations
592 designated for nonwagering horseracing are available
593 for such use; revising the date by which the
594 commission is required to issue certain nonwagering
595 licenses; authorizing the commission to extend a
596 certain nonwagering license for a specified timeframe;
597 amending s. 550.5251, F.S.; revising the timeframes
598 for when a thoroughbred permitholder must file with
599 the commission an application for a license to conduct
600 thoroughbred racing meetings, for when the commission
601 must issue such licenses, and for when the
602 permitholder may request changes in its application to
603 conduct performances; amending s. 551.104, F.S.;
604 removing obsolete language; requiring that audits of
605 licensees’ receipts and distributions of slot machine
606 revenues be conducted by a certified public accountant
607 licensed under ch. 473, F.S.; revising the timeframe
608 within which such audits must be filed with the
609 commission; amending s.