Florida Senate - 2026                                    SB 1564
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00404A-26                                          20261564__
    1                        A bill to be entitled                      
    2         An act relating to thoroughbred permitholders;
    3         amending s. 550.01215, F.S.; providing that a
    4         thoroughbred permitholder may elect not to, rather
    5         than be required to, conduct live racing or games;
    6         providing that a thoroughbred permitholder that does
    7         not conduct live racing or games retains its permit,
    8         remains a pari-mutuel facility, remains an eligible
    9         facility if issued a slot machine license, and is
   10         eligible to be a guest track and a host track;
   11         providing that a greyhound permitholder, jai alai
   12         permitholder, harness horse racing permitholder,
   13         quarter horse racing permitholder, and thoroughbred
   14         permitholder are exempt from certain licensing and
   15         application fees for operating a cardroom; requiring a
   16         thoroughbred permitholder that operates a slot machine
   17         facility or cardroom to offer a full schedule of live
   18         racing until the permitholder notifies the Florida
   19         Gaming Control Commission that it will no longer offer
   20         live racing; providing that such notice is not valid
   21         unless delivered to the commission on or after a
   22         specified date; specifying requirements for such
   23         notice; providing that a permitholder is not required
   24         to deliver such notice if authorized by the commission
   25         to relocate; amending s. 550.054, F.S.; authorizing,
   26         rather than prohibiting, the transfer or reissuance of
   27         a thoroughbred horse racing permit or license under
   28         certain circumstances; deleting exceptions in which a
   29         thoroughbred horse racing licensee may change the
   30         location of the licensee’s thoroughbred horse
   31         racetrack; amending s. 550.09515, F.S.; providing that
   32         the permit of a thoroughbred permitholder who conducts
   33         live performances and does not pay taxes for a certain
   34         time is void; reenacting and amending s. 550.3345,
   35         F.S.; providing that certain members of a certain not
   36         for-profit corporation be designated by the
   37         commission, rather than the Florida Thoroughbred
   38         Breeders’ Association; providing that the not-for
   39         profit corporation may move the location of a permit
   40         to another location in a different county which has
   41         been previously authorized for pari-mutuel wagering;
   42         amending s. 550.475, F.S.; providing that holders of
   43         pari-mutuel permits for pari-mutuel wagering may lease
   44         any of the facilities of a thoroughbred training
   45         facility holding a valid license; revising the
   46         geographic area within which a pari-mutuel
   47         permitholder may lease its facilities to certain
   48         persons and permitholders; prohibiting a thoroughbred
   49         permitholder relocation from operating a cardroom at a
   50         leased training facility; providing that a lessor of a
   51         pari-mutuel facility that has been issued a slot
   52         machine license or a cardroom license is an eligible
   53         facility; amending s. 550.5251, F.S.; requiring that
   54         thoroughbred permitholders required to offer live
   55         racing, rather than all thoroughbred permitholders,
   56         must annually file with the commission an application
   57         to conduct one or more thoroughbred racing meetings
   58         during the thoroughbred racing season; reenacting s.
   59         550.615(2) and (8), F.S., relating to intertrack
   60         wagering, to incorporate the amendments made to ss.
   61         550.01215 and 550.475, F.S., in references thereto;
   62         providing an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Paragraphs (a) and (b) of subsection (1) of
   67  section 550.01215, Florida Statutes, are amended to read:
   68         550.01215 License application; periods of operation;
   69  license fees; bond.—
   70         (1) Each permitholder shall annually, during the period
   71  between January 15 and February 4, file in writing with the
   72  commission its application for an operating license for a pari
   73  mutuel facility for the conduct of pari-mutuel wagering during
   74  the next state fiscal year, including intertrack and simulcast
   75  race wagering. Each application for live performances must
   76  specify the number, dates, and starting times of all live
   77  performances that the permitholder intends to conduct. It must
   78  also specify which performances will be conducted as charity or
   79  scholarship performances.
   80         (a) Each application for an operating license also must
   81  include:
   82         1. For each permitholder, whether the permitholder intends
   83  to accept wagers on intertrack or simulcast events.
   84         2. For each permitholder that elects to operate a cardroom,
   85  the dates and periods of operation the permitholder intends to
   86  operate the cardroom.
   87         3. For each thoroughbred racing permitholder that elects to
   88  receive or rebroadcast out-of-state races, the dates for all
   89  performances that the permitholder intends to conduct.
   90         (b)1. A greyhound permitholder may not conduct live racing.
   91  A jai alai permitholder, harness horse racing permitholder,
   92  thoroughbred permitholder, or quarter horse racing permitholder
   93  may elect not to conduct live racing or games. A thoroughbred
   94  permitholder must conduct live racing. A greyhound permitholder,
   95  jai alai permitholder, harness horse racing permitholder, or
   96  quarter horse racing permitholder, or thoroughbred permitholder
   97  that does not conduct live racing or games retains its permit;
   98  is a pari-mutuel facility as defined in s. 550.002(23); if such
   99  permitholder has been issued a slot machine license, the
  100  facility where such permit is located remains an eligible
  101  facility as defined in s. 551.102(4), continues to be eligible
  102  for a slot machine license pursuant to s. 551.104(3), and is
  103  exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
  104  eligible, but not required, to be a guest track and, if the
  105  permitholder is a harness horse racing permitholder, to be a
  106  host track for purposes of intertrack wagering and simulcasting
  107  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
  108  remains eligible for a cardroom license, and is exempt from s.
  109  849.086(5)(c) and (13)(d)2. A thoroughbred permitholder that
  110  operates a slot machine facility or cardroom must offer a full
  111  schedule of live racing until such permitholder notifies the
  112  commission that it will no longer offer live racing. Notice
  113  under this paragraph is not valid unless delivered to the
  114  commission on or after July 1, 2027. Such notice must contain
  115  the date on which the permitholder will no longer offer live
  116  racing, which may be no earlier than a date 3 years after the
  117  date of the notice. A permitholder is not required to deliver
  118  such notice when relocating pursuant to s. 550.3345(2)(d) or s.
  119  550.475 with authorization by the commission in accordance with
  120  s. 550.054.
  121         2. A permitholder or licensee may not conduct live
  122  greyhound racing or dogracing in connection with any wager for
  123  money or any other thing of value in the state. The commission
  124  may deny, suspend, or revoke any permit or license under this
  125  chapter if a permitholder or licensee conducts live greyhound
  126  racing or dogracing in violation of this subparagraph. In
  127  addition to, or in lieu of, denial, suspension, or revocation of
  128  such permit or license, the commission may impose a civil
  129  penalty of up to $5,000 against the permitholder or licensee for
  130  a violation of this subparagraph. All penalties imposed and
  131  collected must be deposited with the Chief Financial Officer to
  132  the credit of the General Revenue Fund.
  133         Section 2. Subsection (13) and paragraph (b) of subsection
  134  (14) of section 550.054, Florida Statutes, are amended to read:
  135         550.054 Application for permit to conduct pari-mutuel
  136  wagering.—
  137         (13)(a) Notwithstanding any provisions of this chapter to
  138  the contrary, a no thoroughbred horse racing permit or license
  139  issued under this chapter may shall be transferred, or reissued
  140  when such reissuance is in the nature of a transfer so as to
  141  permit or authorize a licensee to change the location of a
  142  thoroughbred horse racetrack except upon authorization by proof
  143  in such form as the commission may prescribe that a referendum
  144  election has been held:
  145         1. If the proposed new location is within the same county
  146  as the already licensed location, in the county where the
  147  licensee desires to conduct the race meeting and that a majority
  148  of the electors voting on that question in such election voted
  149  in favor of the transfer of such license.
  150         2. If the proposed new location is not within the same
  151  county as the already licensed location, in the county where the
  152  licensee desires to conduct the race meeting and in the county
  153  where the licensee is already licensed to conduct the race
  154  meeting and that a majority of the electors voting on that
  155  question in each such election voted in favor of the transfer of
  156  such license.
  157         (b) Each referendum held under the provisions of this
  158  subsection shall be held in accordance with the electoral
  159  procedures for ratification of permits, as provided in s.
  160  550.0651. The expense of each such referendum shall be borne by
  161  the licensee requesting the transfer.
  162         (14)
  163         (b) The commission, upon application from the holder of a
  164  jai alai permit meeting all conditions of this section, shall
  165  convert the permit and shall issue to the permitholder a permit
  166  to conduct greyhound racing. A permitholder of a permit
  167  converted under this section is shall be required to apply for
  168  and conduct a full schedule of live racing each fiscal year to
  169  be eligible for any tax credit provided by this chapter. The
  170  holder of a permit converted pursuant to this subsection or any
  171  holder of a permit to conduct greyhound racing located in a
  172  county in which it is the only permit issued pursuant to this
  173  section who operates at a leased facility pursuant to s. 550.475
  174  may move the location for which the permit has been issued to
  175  another location within a 30-mile radius of the location fixed
  176  in the permit issued in that county, provided the move does not
  177  cross the county boundary and such location is approved under
  178  the zoning regulations of the county or municipality in which
  179  the permit is located, and upon such relocation may use the
  180  permit for the conduct of pari-mutuel wagering and the operation
  181  of a cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  182  apply to any permit converted under this subsection and shall
  183  continue to apply to any permit which was previously included
  184  under and subject to such provisions before a conversion
  185  pursuant to this section occurred.
  186         Section 3. Paragraph (a) of subsection (3) of section
  187  550.09515, Florida Statutes, is amended to read:
  188         550.09515 Thoroughbred horse taxes; abandoned interest in a
  189  permit for nonpayment of taxes.—
  190         (3)(a) The permit of a thoroughbred horse permitholder who
  191  conducts live thoroughbred performances and does not pay tax on
  192  handle for live thoroughbred horse performances for a full
  193  schedule of live races during any 2 consecutive state fiscal
  194  years is shall be void and must shall escheat to and become the
  195  property of the state unless such failure to operate and pay tax
  196  on handle was the direct result of fire, strike, war, or other
  197  disaster or event beyond the ability of the permitholder to
  198  control. Financial hardship to the permitholder does shall not,
  199  in and of itself, constitute just cause for failure to operate
  200  and pay tax on handle.
  201         Section 4. Subsection (2) of section 550.3345, Florida
  202  Statutes, is amended, and subsection (3) of that section is
  203  reenacted, to read:
  204         550.3345 Conversion of quarter horse permit to a limited
  205  thoroughbred permit.—
  206         (2) Notwithstanding any other provision of law, the holder
  207  of a quarter horse racing permit issued under s. 550.334 may,
  208  within 1 year after the effective date of this section, apply to
  209  the commission for a transfer of the quarter horse racing permit
  210  to a not-for-profit corporation formed under state law to serve
  211  the purposes of the state as provided in subsection (1). The
  212  board of directors of the not-for-profit corporation shall
  213  consist must be comprised of 11 members, 4 of whom shall be
  214  designated by the applicant, 4 of whom shall be designated by
  215  the commission Florida Thoroughbred Breeders’ Association, and 3
  216  of whom shall be designated by the other 8 directors, with at
  217  least 1 of these 3 members being an authorized representative of
  218  another thoroughbred permitholder in this state. The not-for
  219  profit corporation shall submit an application to the commission
  220  for review and approval of the transfer in accordance with s.
  221  550.054. Upon approval of the transfer by the commission, and
  222  notwithstanding any other provision of law to the contrary, the
  223  not-for-profit corporation may, within 1 year after its receipt
  224  of the permit, request that the commission convert the quarter
  225  horse racing permit to a permit authorizing the holder to
  226  conduct pari-mutuel wagering meets of thoroughbred racing.
  227  Neither The transfer of the quarter horse racing permit or nor
  228  its conversion to a limited thoroughbred permit may not shall be
  229  subject to the mileage limitation or the ratification election
  230  as set forth under s. 550.054(2) or s. 550.0651. Upon receipt of
  231  the request for such conversion, the commission shall timely
  232  issue a converted permit. The converted permit and the not-for
  233  profit corporation is shall be subject to the following
  234  requirements:
  235         (a) All net revenues derived by the not-for-profit
  236  corporation under the thoroughbred horse racing permit and any
  237  license issued to the not-for-profit corporation under chapter
  238  849, after the funding of operating expenses and capital
  239  improvements, must shall be dedicated to the enhancement of
  240  thoroughbred purses and breeders’, stallion, and special racing
  241  awards under this chapter; the general promotion of the
  242  thoroughbred horse breeding industry; and the care in this state
  243  of thoroughbred horses retired from racing.
  244         (b) From December 1 through April 30, no live thoroughbred
  245  racing may not be conducted under the permit on any day during
  246  which another thoroughbred permitholder is conducting live
  247  thoroughbred racing within 125 air miles of the not-for-profit
  248  corporation’s pari-mutuel facility unless the other thoroughbred
  249  permitholder gives its written consent.
  250         (c) After the conversion of the quarter horse racing permit
  251  and the issuance of its initial license to conduct pari-mutuel
  252  wagering meets of thoroughbred racing, the not-for-profit
  253  corporation shall annually apply to the commission for a license
  254  pursuant to s. 550.5251.
  255         (d) Racing under the permit may take place only at the
  256  location for which the original quarter horse racing permit was
  257  issued, which may be leased by the not-for-profit corporation
  258  for that purpose; however, the not-for-profit corporation may,
  259  without the conduct of any ratification election pursuant to s.
  260  550.054(13) or s. 550.0651, move the location of the permit to
  261  another location in the same county, or a location in a
  262  different county which has been previously authorized for pari
  263  mutuel wagering, provided that such relocation is approved under
  264  the zoning and land use regulations of the applicable county or
  265  municipality.
  266         (e) A permit converted under this section and a license
  267  issued to the not-for-profit corporation under chapter 849 are
  268  not eligible for transfer to another person or entity.
  269         (3) Unless otherwise provided in this section, after
  270  conversion, the permit and the not-for-profit corporation shall
  271  be treated under the laws of this state as a thoroughbred permit
  272  and as a thoroughbred permitholder, respectively, with the
  273  exception of ss. 550.09515(3) and 550.6308.
  274         Section 5. Section 550.475, Florida Statutes, is amended to
  275  read:
  276         550.475 Lease of pari-mutuel facilities by pari-mutuel
  277  permitholders.—Holders of valid pari-mutuel permits for the
  278  conduct of any pari-mutuel wagering in this state may are
  279  entitled to lease any and all of the their facilities of to any
  280  other holder of a same class valid pari-mutuel permit or a
  281  thoroughbred training facility holding a valid license issued by
  282  the commission, when located within a 50-mile 35-mile radius of
  283  each other; and such lessee is entitled to a permit and license
  284  to conduct intertrack wagering and operate its race meet or jai
  285  alai games at the leased premises. A thoroughbred permitholder
  286  relocation pursuant to s. 550.3345(2)(d) or this section, in
  287  accordance with s. 550.054, may not operate a cardroom at a
  288  leased training facility. Notwithstanding any other law, the
  289  lessor of a pari-mutuel facility that has been issued a slot
  290  machine license or a cardroom license is an eligible facility as
  291  defined in s. 551.102.
  292         Section 6. Subsection (1) of section 550.5251, Florida
  293  Statutes, is amended to read:
  294         550.5251 Florida thoroughbred racing; certain permits;
  295  operating days.—
  296         (1) Each thoroughbred permitholder required to offer live
  297  racing must shall annually, during the period commencing January
  298  15 of each year and ending February 4 of the following year,
  299  file in writing with the commission its application to conduct
  300  one or more thoroughbred racing meetings during the thoroughbred
  301  racing season commencing on the following July 1. Each
  302  application must shall specify the number and dates of all
  303  performances that the permitholder intends to conduct during
  304  that thoroughbred racing season. On or before April 15 of each
  305  year, the commission shall issue a license authorizing each
  306  permitholder to conduct performances on the dates specified in
  307  its application. Up to March 28 of each year, each permitholder
  308  may request and shall be granted changes in its application to
  309  conduct performances; but thereafter, as a condition precedent
  310  to the validity of its license and its right to retain its
  311  permit, each permitholder must operate the full number of days
  312  authorized on each of the dates set forth in its license.
  313         Section 7. For the purpose of incorporating the amendment
  314  made by this act to sections 550.01215 and 550.475, Florida
  315  Statutes, in references thereto, subsections (2) and (8) of
  316  section 550.615, Florida Statutes, are reenacted to read:
  317         550.615 Intertrack wagering.—
  318         (2) Except as provided in subsection (1), a pari-mutuel
  319  permitholder that has met the applicable requirement for that
  320  permitholder to conduct live racing or games under s.
  321  550.01215(1)(b), if any, for fiscal year 2020-2021 is qualified
  322  to, at any time, receive broadcasts of any class of pari-mutuel
  323  race or game and accept wagers on such races or games conducted
  324  by any class of permitholders licensed under this chapter.
  325         (8) In any three contiguous counties of the state where
  326  there are only three permitholders, all of which are greyhound
  327  permitholders, if any permitholder leases the facility of
  328  another permitholder for all or any portion of the conduct of
  329  its live race meet pursuant to s. 550.475, such lessee may
  330  conduct intertrack wagering at its pre-lease permitted facility
  331  throughout the entire year.
  332         Section 8. This act shall take effect July 1, 2026.