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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A reviser's bill to be entitled 1
An act relating to the Florida Statutes; amending ss. 2
16.71, 16.712, 16.713, 16.715, 20.165, 550.002, 3
550.0115, 550.01215, 550.0235, 550.0251, 550.0351, 4
550.054, 550.0555, 550.0651, 550.0951, 550.09511, 5
550.09512, 550.09514, 550.09515, 550.105, 550.1155, 6
550.125, 550.155, 550.175, 550.1815, 550.24055, 7
550.2415, 550.2614, 550.26165, 550.2625, 550.26352, 8
550.2704, 550.334, 550.3345, 550.3355, 550.3 551, 9
550.3615, 550.375, 550.495, 550.505, 550.5251, 10
550.625, 550.6305, 550.6308, 550.70, 550.902, 551.102, 11
551.103, 551.104, 551.1045, 551.105, 551.106, 551.107, 12
551.108, 551.109, 551.112, 551.114, 551.117, 551.118, 13
551.121, 551.122, 551.123, 565.02, 817.3 7, and 14
849.086, F.S., to conform to the directive of the 15
Legislature to the Division of Law Revision in s. 13, 16
ch. 2021-269, Laws of Florida, to replace references 17
to the Division of Pari -mutuel Wagering and references 18
to the Department of Business and Pro fessional 19
Regulation relating to gaming with references to the 20
Florida Gaming Control Commission to conform the 21
Florida Statutes to the transfer of duties in s. 11, 22
ch. 2021-269; providing an effective date. 23
24
Be It Enacted by the Legislature of the Sta te of Florida: 25
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26
Section 1. Paragraph (b) of subsection (3) of section 27
16.71, Florida Statutes, is amended to read: 28
16.71 Florida Gaming Control Commission; creation; 29
meetings; membership. — 30
(3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS. — 31
(b) The Governor may not solicit or request any 32
nominations, recommendations, or communications about potential 33
candidates for appointment to the commission from: 34
1. Any person that holds a permit or license issued under 35
chapter 550, or a license issued under ch apter 551 or chapter 36
849; an officer, official, or employee of such permitholder or 37
licensee; or an ultimate equitable owner, as defined in s. 38
550.002(36) s. 550.002(37), of such permitholder or licensee; 39
2. Any officer, official, employee, or other pers on with 40
duties or responsibilities relating to a gaming operation owned 41
by an Indian tribe that has a valid and active compact with the 42
state; a contractor or subcontractor of such tribe or an entity 43
employed, licensed, or contracted by such tribe; or an u ltimate 44
equitable owner, as defined in s. 550.002(36) s. 550.002(37), of 45
such entity; or 46
3. Any registered lobbyist for the executive or 47
legislative branch who represents any person or entity 48
identified in subparagraph 1. or subparagraph 2. 49
Section 2. Paragraphs (f), (g), and (h) of subsection (1) 50
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of section 16.712, Florida Statutes, are amended to read: 51
16.712 Florida Gaming Control Commission authorizations, 52
duties, and responsibilities. — 53
(1) The commission shall do all of the following: 54
(f) Review any matter within the scope of the jurisdiction 55
of the commission Division of Pari-mutuel Wagering. 56
(g) Review the regulation of licensees, permitholders, or 57
persons regulated by the commission Division of Pari-mutuel 58
Wagering and the procedures us ed by the commission division to 59
implement and enforce the law. 60
(h) Review the procedures of the commission Division of 61
Pari-mutuel Wagering which are used to qualify applicants 62
applying for a license, permit, or registration. 63
Section 3. Paragraphs (a) and (b) of subsection (2) of 64
section 16.713, Florida Statutes, are amended to read: 65
16.713 Florida Gaming Control Commission; appointment and 66
employment restrictions. — 67
(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 68
INELIGIBLE FOR APPOINT MENT TO AND EMPLOYMENT WITH THE 69
COMMISSION.— 70
(a) A person may not, for the 2 years immediately 71
preceding the date of appointment to or employment with the 72
commission and while appointed to or employed with the 73
commission: 74
1. Hold a permit or license is sued under chapter 550 or a 75
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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) s. 78
550.002(37), of such permitholder or lice nsee; 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) s. 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 emp loyee 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 92
employment with the commission if, within the 2 years 93
immediately preceding such appointment or employment, he or she 94
violated paragraph (a) or solicited or accepted employment with, 95
acquired any direct or indirect interest in, or had any direct 96
or indirect business association, partnership, or financial 97
relationship with, or is 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
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commission; or 101
2. Any officer, official, employee, or other person with 102
duties or responsibilities relatin g 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) s. 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 Stat utes, 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
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official, or employee of such permitholder or licensee; or be an 126
ultimate equitable owner, as defi ned in s. 550.002(36) s. 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 precedi ng 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 terminat ion 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) s. 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
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20.165, Florida Statutes, is amended to read: 151
20.165 Department of Business and Professional 152
Regulation.—There is created a Department of Business and 153
Professional 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 subsectio ns (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
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within the Department of Business and Professional Regulation . 176
(10)(11) "Full schedule of live racing or games" means, 177
for 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 par i-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 fo r 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
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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
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licensed facility under a single admission charge. 226
Section 7. Section 550.0115, Fl orida Statutes, is amended 227
to read: 228
550.0115 Permitholder operating license. —After a permit 229
has been issued by the commission division, and after the permit 230
has been approved by election, the commission division shall 231
issue to the permitholder an annual operating license to conduct 232
pari-mutuel wagering at the location specified in the permit 233
pursuant 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 operat ion; 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
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1. For each permitholder, whether the permitholder intends 251
to accept wagers on intertra ck or simulcast events. 252
2. For each permitholder that elects to operate a 253
cardroom, the dates and periods of operation the permitholder 254
intends to operate the cardroom. 255
3. For each thoroughbred racing permitholder that elects 256
to 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 259
racing. A jai alai permitholder, harness horse racing 260
permitholder, or quarter horse racing permitholder may elect not 261
to conduct live racing or games. A thoroughbred permitholder 262
must conduct live racing. A greyhound permitholder, jai alai 263
permitholder, harness horse racing permitholder, or quarter 264
horse racing permitholder that does not conduct live racing or 265
games retains its permit; is a pari -mutuel facility as defined 266
in s. 550.002(22) s. 550.002(23); if such permitholder has been 267
issued a slot machine license, the facility where such permit is 268
located remains an eligible facility as defined in s. 269
551.102(4), continues to be eligible for a slot machine license 270
pursuant to s. 551.104(3), and is exempt from ss. 551.104(4)(c) 271
and (10) and 551.114(2); is eligible, but not required, to be a 272
guest track and, if the permitholder is a harness horse racing 273
permitholder, to be a host track for purposes of intertrack 274
wagering and simulcasting pursuant to ss. 550.3551, 550.615, 275
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550.625, and 550.6305; and remains eligible for a cardroom 276
license. 277
2. A permitholder or licensee may not conduct live 278
greyhound racing or dograc ing in connection with any wager for 279
money or any other thing of value in the state. The commission 280
division may deny, suspend, or revoke any permit or license 281
under this chapter if a permitholder or licensee conducts live 282
greyhound racing or dogracing in violation of this subparagraph. 283
In addition to, or in lieu of, denial, suspension, or revocation 284
of such permit or license, the commission division may impose a 285
civil penalty of up to $5,000 against the permitholder or 286
licensee for a violation of this subp aragraph. All penalties 287
imposed and collected must be deposited with the Chief Financial 288
Officer to the credit of the General Revenue Fund. 289
(c) Permitholders may amend their applications through 290
February 28. 291
(d) Notwithstanding any other provision of l aw, other than 292
a permitholder issued a permit pursuant to s. 550.3345, a pari -293
mutuel permitholder may not be issued an operating license for 294
the conduct of pari-mutuel wagering, slot machine gaming, or the 295
operation of a cardroom if the permitholder did no t hold an 296
operating license for the conduct of pari -mutuel wagering for 297
fiscal year 2020-2021. 298
(2) After the first license has been issued to a 299
permitholder, all subsequent annual applications for a license 300
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shall be accompanied by proof, in such form as the commission 301
division may by rule require, that the permitholder continues to 302
possess the qualifications prescribed by this chapter, and that 303
the permit has not been disapproved at a later election. 304
(3) The commission division shall issue each license no 305
later than March 15. Each permitholder shall operate all 306
performances at the date and time specified on its license. The 307
commission division shall have the authority to approve minor 308
changes in racing dates after a license has been issued. The 309
commission division may approve changes in racing dates after a 310
license has been issued when there is no objection from any 311
operating permitholder that is conducting live racing or games 312
and that is located within 50 miles of the permitholder 313
requesting the changes in operating dates. In the event of an 314
objection, the commission division shall approve or disapprove 315
the change in operating dates based upon the impact on operating 316
permitholders located within 50 miles of the permitholder 317
requesting the change in opera ting dates. In making the 318
determination to change racing dates, the commission division 319
shall take into consideration the impact of such changes on 320
state revenues. Notwithstanding any other provision of law, and 321
for the 2021-2022 state fiscal year only, the division may 322
approve changes in operating dates for a jai alai permitholder, 323
harness horse racing permitholder, or quarter horse racing 324
permitholder if the request for such changes is received before 325
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October 1, 2021. 326
(4) In the event that a permithol der fails to operate all 327
performances specified on its license at the date and time 328
specified, the commission division shall hold a hearing to 329
determine whether to fine or suspend the permitholder's license, 330
unless such failure was the direct result of fir e, strike, war, 331
hurricane, pandemic, or other disaster or event beyond the 332
ability of the permitholder to control. Financial hardship to 333
the permitholder shall not, in and of itself, constitute just 334
cause for failure to operate all performances on the date s and 335
at the times specified. 336
(5) In the event that performances licensed to be operated 337
by a permitholder are vacated, abandoned, or will not be used 338
for any reason, any permitholder shall be entitled, pursuant to 339
rules adopted by the commission division, to apply to conduct 340
performances on the dates for which the performances have been 341
abandoned. The commission division shall issue an amended 342
license for all such replacement performances which have been 343
requested in compliance with this chapter and commission 344
division rules. 345
Section 9. Section 550.0235, Florida Statutes, is amended 346
to read: 347
550.0235 Limitation of civil liability. —No permitholder 348
licensed to conduct pari -mutuel wagering pursuant to the 349
provisions of this chapter; no commissioner division director or 350
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employee of the commission division; and no steward, judge, or 351
other person appointed to act pursuant to this chapter shall be 352
held liable to any person, partnership, association, 353
corporation, or other business entity for any cause whatso ever 354
arising out of, or from, the performance by such permittee, 355
director, employee, steward, judge, or other person of her or 356
his duties and the exercise of her or his discretion with 357
respect to the implementation and enforcement of the statutes 358
and rules governing the conduct of pari -mutuel wagering, so long 359
as she or he acted in good faith. This section shall not limit 360
liability in any situation in which the negligent maintenance of 361
the premises or the negligent conduct of a race contributed to 362
an accident; nor shall it limit any contractual liability. 363
Section 10. Section 550.0251, Florida Statutes, is amended 364
to read: 365
550.0251 The powers and duties of the Florida Gaming 366
Control Commission Division of Pari-mutuel Wagering of the 367
Department of Busine ss and Professional Regulation .—The 368
commission division shall administer this chapter and regulate 369
the pari-mutuel industry under this chapter and the rules 370
adopted pursuant thereto, and: 371
(1) The commission division shall make an annual report to 372
the Governor showing its own actions, receipts derived under the 373
provisions of this chapter, the practical effects of the 374
application of this chapter, and any suggestions it may approve 375
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for the more effectual accomplishments of the purposes of this 376
chapter. 377
(2) The commission division shall require an oath on 378
application documents as required by rule, which oath must state 379
that the information contained in the document is true and 380
complete. 381
(3) The commission division shall adopt reasonable rules 382
for the control, supervision, and direction of all applicants, 383
permittees, and licensees and for the holding, conducting, and 384
operating of all racetracks, race meets, and races held in this 385
state. Such rules must be uniform in their application and 386
effect, and the duty of exercising this control and power is 387
made mandatory upon the commission division. 388
(4) The commission division may take testimony concerning 389
any matter within its jurisdiction and issue summons and 390
subpoenas for any witness and subpoenas duces tec um in 391
connection with any matter within the jurisdiction of the 392
commission division under its seal and signed by the director. 393
(5) The commission division may adopt rules establishing 394
procedures for testing occupational licenseholders officiating 395
at or participating in any race or game at any pari -mutuel 396
facility under the jurisdiction of the commission division for a 397
controlled substance or alcohol and may prescribe procedural 398
matters not in conflict with s. 120.80(4)(a). 399
(6) In addition to the power t o exclude certain persons 400
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from any pari-mutuel facility in this state, the commission 401
division may exclude any person from any and all pari -mutuel 402
facilities in this state for conduct that would constitute, if 403
the person were a licensee, a violation of thi s chapter or the 404
rules of the commission division. The commission division may 405
exclude from any pari -mutuel facility within this state any 406
person who has been ejected from a pari -mutuel facility in this 407
state or who has been excluded from any pari -mutuel facility in 408
another state by the governmental department, agency, 409
commission, or authority exercising regulatory jurisdiction over 410
pari-mutuel facilities in such other state. The commission 411
division may authorize any person who has been ejected or 412
excluded from pari-mutuel facilities in this state or another 413
state to attend the pari -mutuel facilities in this state upon a 414
finding that the attendance of such person at pari -mutuel 415
facilities would not be adverse to the public interest or to the 416
integrity of the sport or industry; however, this subsection 417
shall not be construed to abrogate the common -law right of a 418
pari-mutuel permitholder to exclude absolutely a patron in this 419
state. 420
(7) The commission division may oversee the making of, and 421
distribution from, all pari -mutuel pools. 422
(8) The commission department may collect taxes and 423
require compliance with reporting requirements for financial 424
information as authorized by this chapter. In addition, the 425
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commission secretary of the department may require permitholders 426
conducting pari-mutuel operations within the state to remit 427
taxes, including fees, by electronic funds transfer if the taxes 428
and fees amounted to $50,000 or more in the prior reporting 429
year. 430
(9) The commission division may conduct investigations in 431
enforcing this chapter, except that all information obtained 432
pursuant to an investigation by the commission division for an 433
alleged violation of this chapter or rules of the commission 434
division is exempt from s. 119.07(1) and from s. 24(a), Art. I 435
of the State Constitution until an administrative complaint is 436
issued or the investigation is closed or ceases to be active. 437
This subsection does not prohibit the commission division from 438
providing such informa tion to any law enforcement agency or to 439
any other regulatory agency. For the purposes of this 440
subsection, an investigation is considered to be active while it 441
is being conducted with reasonable dispatch and with a 442
reasonable, good faith belief that it cou ld lead to an 443
administrative, civil, or criminal action by the commission 444
division or another administrative or law enforcement agency. 445
Except for active criminal intelligence or criminal 446
investigative information, as defined in s. 119.011, and any 447
other information that, if disclosed, would jeopardize the 448
safety of an individual, all information, records, and 449
transcriptions become public when the investigation is closed or 450
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ceases to be active. 451
(10) The commission division may impose an administrative 452
fine for a violation under this chapter of not more than $1,000 453
for each count or separate offense, except as otherwise provided 454
in this chapter, and may suspend or revoke a permit, a pari -455
mutuel license, or an occupational license for a violation under 456
this chapter. All fines imposed and collected under this 457
subsection must be deposited with the Chief Financial Officer to 458
the credit of the General Revenue Fund. 459
(11) The commission division shall supervise and regulate 460
the welfare of racing animals at pari -mutuel facilities. 461
(12) The commission division shall have full authority and 462
power to make, adopt, amend, or repeal rules relating to 463
cardroom operations, to enforce and to carry out the provisions 464
of s. 849.086, and to regulate the authorized cardroom 465
activities in the state. 466
(13) The commission division shall have the authority to 467
suspend a permitholder's permit or license, if such permitholder 468
is operating a cardroom facility and such permitholder's 469
cardroom license has been suspended or revoked purs uant to s. 470
849.086. 471
Section 11. Subsections (1), (2), and (4), paragraphs (a) 472
and (c) of subsection (6), and subsection (7) of section 473
550.0351, Florida Statutes, are amended to read: 474
550.0351 Charity racing days. — 475
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(1) The commission division shall, upon the request of a 476
permitholder, authorize each horseracing permitholder and jai 477
alai permitholder up to five charity or scholarship days in 478
addition to the regular racing days authorized by law. 479
(2) The proceeds of charity performances shall be pai d to 480
qualified beneficiaries selected by the permitholders from an 481
authorized list of charities on file with the commission 482
division. Eligible charities include any charity that provides 483
evidence of compliance with the provisions of chapter 496 and 484
evidence of possession of a valid exemption from federal 485
taxation issued by the Internal Revenue Service. In addition, 486
the authorized list must include the Racing Scholarship Trust 487
Fund, the Historical Resources Operating Trust Fund, major state 488
and private institutions of higher learning, and Florida 489
community colleges. 490
(4) The total of all profits derived from the conduct of a 491
charity day performance must include all revenues derived from 492
the conduct of that racing performance, including all state 493
taxes that would otherwise be due to the state, except that the 494
daily license fee as provided in s. 550.0951(1) and the breaks 495
for the promotional trust funds as provided in s. 550.2625(3), 496
(4), (5), (7), and (8) shall be paid to the commission division. 497
All other revenues from the charity racing performance, 498
including the commissions, breaks, and admissions and the 499
revenues from parking, programs, and concessions, shall be 500
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included in the total of all profits. 501
(6)(a) The commission division shall authorize one 502
additional scholarship day for horseracing in addition to the 503
regular racing days authorized by law and any additional days 504
authorized by this section, to be conducted at all horse 505
racetracks located in Hillsborough County. The permitholder 506
shall conduct a full schedule of racing on the scholarship day. 507
(c) When a charity or scholarship performance is conducted 508
as a matinee performance, the commission division may authorize 509
the permitholder to conduct the evening performances of that 510
operation day as a regular performance in addition to the 511
regular operating days authorized by law. 512
(7) In addition to the eligible charities that meet the 513
criteria set forth in this section, a jai alai permitholder is 514
authorized to conduct two additional charity performances eac h 515
fiscal year for a fund to benefit retired jai alai players. This 516
performance shall be known as the "Retired Jai Alai Players 517
Charity Day." The administration of this fund shall be 518
determined by rule by the commission division. 519
Section 12. Subsections (1), (2), (3), (4), (5), (6), and 520
(7), paragraphs (a), (b), (c), and (e) of subsection (8), 521
subsections (9), (10), (11), and (12), paragraph (a) of 522
subsection (13), subsection (14), and paragraph (c) of 523
subsection (15) of section 550.054, Florida Statutes , are 524
amended to read: 525
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550.054 Application for permit to conduct pari -mutuel 526
wagering.— 527
(1) Any person who possesses the qualifications prescribed 528
in this chapter may apply to the commission division for a 529
permit to conduct pari -mutuel operations under this chapter. 530
Applications for a pari -mutuel permit are exempt from the 90 -day 531
licensing requirement of s. 120.60. Within 120 days after 532
receipt of a complete application, the commission division shall 533
grant or deny the permit. A completed application tha t is not 534
acted upon within 120 days after receipt is deemed approved, and 535
the commission division shall grant the permit. 536
(2) Upon each application filed and approved, a permit 537
shall be issued to the applicant setting forth the name of the 538
permitholder, the location of the pari -mutuel facility, the type 539
of pari-mutuel activity desired to be conducted, and a statement 540
showing qualifications of the applicant to conduct pari -mutuel 541
performances under this chapter; however, a permit is 542
ineffectual to authoriz e any pari-mutuel performances until 543
approved by a majority of the electors participating in a 544
ratification election in the county in which the applicant 545
proposes to conduct pari -mutuel wagering activities. In 546
addition, an application may not be considered , nor may a permit 547
be issued by the commission division or be voted upon in any 548
county, to conduct horseraces, harness horse races, or pari -549
mutuel wagering at a location within 100 miles of an existing 550
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pari-mutuel facility, or for jai alai within 50 miles of an 551
existing pari-mutuel facility; this distance shal l be measured 552
on a straight line from the nearest property line of one pari -553
mutuel facility to the nearest property line of the other 554
facility. 555
(3) The commission division shall require that each 556
applicant submit an application setting forth: 557
(a) The full name of the applicant. 558
(b) If a corporation, the name of the state in which 559
incorporated and the names and addresses of the officers, 560
directors, and shareholders holding 5 percent or more equity or, 561
if a business entity other than a corporation, the names and 562
addresses of the principals, partners, or shareholders holding 5 563
percent or more equity. 564
(c) The names and addresses of the ultimate equitable 565
owners for a corporation or other business entity, if different 566
from those provided under paragraph ( b), unless the securities 567
of the corporation or entity are registered pursuant to s. 12 of 568
the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a -78kk; and 569
if such corporation or entity files with the United States 570
Securities and Exchange Commission the re ports required by s. 13 571
of that act or if the securities of the corporation or entity 572
are regularly traded on an established securities market in the 573
United States. 574
(d) The exact location where the applicant will conduct 575
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pari-mutuel performances. 576
(e) Whether the pari -mutuel facility is owned or leased 577
and, if leased, the name and residence of the fee owner or, if a 578
corporation, the names and addresses of the directors and 579
stockholders thereof. However, this chapter does not prevent a 580
person from applying to the commission division for a permit to 581
conduct pari-mutuel operations, regardless of whether the pari -582
mutuel facility has been constructed or not, and having an 583
election held in any county at the same time that elections are 584
held for the ratification of any permit in that county. 585
(f) A statement of the assets and liabilities of the 586
applicant. 587
(g) The names and addresses of any mortgagee of any pari -588
mutuel facility and any financial agreement between the parties. 589
The commission division may require the names and addresses of 590
the officers and directors of the mortgagee, and of those 591
stockholders who hold more than 10 percent of the stock of the 592
mortgagee. 593
(h) A business plan for the first year of operation. 594
(i) For each individual listed in the application as an 595
owner, partner, officer, or director, a complete set of 596
fingerprints that has been taken by an authorized law 597
enforcement officer. These sets of fingerprints must be 598
submitted to the Federal Bureau of Investigation for processing. 599
Applicants who are foreign nationals shall submit such documents 600
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as necessary to allow the commission division to conduct 601
criminal history records checks in the applicant's home country. 602
The applicant must pay the cost of processing. The commission 603
division may charge a $2 handling fee for each set of 604
fingerprint records. 605
(j) The type of pari -mutuel activity to be conducted and 606
the desired period of operation. 607
(k) Other information the commission division requires. 608
(4) The commission division shall require each applicant 609
to deposit with the board of county commissioners of the county 610
in which the election is to be held, a sufficient sum, in 611
currency or by check certified by a bank licensed to do business 612
in the state to pay the expenses of holding the el ection 613
provided in s. 550.0651. 614
(5) Upon receiving an application and any amendments 615
properly made thereto, the commission division shall further 616
investigate the matters contained in the application. If the 617
applicant meets all requirements, conditions, a nd qualifications 618
set forth in this chapter and the rules of the commission 619
division, the commission division shall grant the permit. 620
(6) After initial approval of the permit and the source of 621
financing, the terms and parties of any subsequent refinancin g 622
must be disclosed by the applicant or the permitholder to the 623
commission division. 624
(7) If the commission division refuses to grant the 625
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permit, the money deposited with the board of county 626
commissioners for holding the election must be refunded to the 627
applicant. If the commission division grants the permit applied 628
for, the board of county commissioners shall order an election 629
in the county to decide whether the permit will be approved, as 630
provided in s. 550.0651. 631
(8)(a) The commission division may charge the applicant 632
for reasonable, anticipated costs incurred by the commission 633
division in determining the eligibility of any person or entity 634
specified in s. 550.1815(1)(a) to hold any pari -mutuel permit, 635
against such person or entity. 636
(b) The commission division may, by rule, determine the 637
manner of paying its anticipated costs associated with 638
determination of eligibility and the procedure for filing 639
applications for determination of eligibility. 640
(c) The commission division shall furnish to the applica nt 641
an itemized statement of actual costs incurred during the 642
investigation to determine eligibility. 643
(e) If the actual costs of investigation exceed 644
anticipated costs, the commission division shall assess the 645
applicant the amount necessary to recover all actual costs. 646
(9)(a) After a permit has been granted by the commission 647
division and has been ratified and approved by the majority of 648
the electors participating in the election in the county 649
designated in the permit, the commission division shall grant to 650
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the lawful permitholder, subject to the conditions of this 651
chapter, a license to conduct pari -mutuel operations under this 652
chapter, and, except as provided in s. 550.5251, the commission 653
division shall fix annually the time, place, and number of days 654
during which pari-mutuel operations may be conducted by the 655
permitholder at the location fixed in the permit and ratified in 656
the election. After the first license has been issued to the 657
holder of a ratified permit for racing in any county, all 658
subsequent annual applications for a license by that 659
permitholder must be accompanied by proof, in such form as the 660
commission division requires, that the ratified permitholder 661
still possesses all the qualifications prescribed by this 662
chapter and that the permit has not been recalled at a later 663
election held in the county. 664
(b) The commission division may revoke or suspend any 665
permit or license issued under this chapter upon the willful 666
violation by the permitholder or licensee of any provision of 667
this chapter or of any rule adopted under this chapter. In lieu 668
of suspending or revoking a permit or lice nse, the commission 669
division may impose a civil penalty against the permitholder or 670
licensee for a violation of this chapter or any rule adopted by 671
the commission division. The penalty so imposed may not exceed 672
$1,000 for each count or separate offense. Al l penalties imposed 673
and collected must be deposited with the Chief Financial Officer 674
to the credit of the General Revenue Fund. 675
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(c) The commission division shall revoke the permit of any 676
permitholder, other than a permitholder issued a permit pursuant 677
to s. 550.3345, who did not hold an operating license for the 678
conduct of pari-mutuel wagering for fiscal year 2020 -2021. A 679
permit revoked under this paragraph is void and may not be 680
reissued. 681
(10) If a permitholder has failed to complete construction 682
of at least 50 percent of the facilities necessary to conduct 683
pari-mutuel operations within 12 months after approval by the 684
voters of the permit, the commission division shall revoke the 685
permit upon adequate notice to the permitholder. However, the 686
commission division, upon good cause shown by the permitholder, 687
may grant one extension of up to 12 months. 688
(11)(a) A permit granted under this chapter may not be 689
transferred or assigned except upon written approval by the 690
commission division pursuant to s. 550.1815 , except that the 691
holder of any permit that has been converted to a jai alai 692
permit may lease or build anywhere within the county in which 693
its permit is located. 694
(b) If a permit to conduct pari -mutuel wagering is held by 695
a corporation or business entity other than an individual, the 696
transfer of 10 percent or more of the stock or other evidence of 697
ownership or equity in the permitholder may not be made without 698
the prior approval of the transferee by the commission division 699
pursuant to s. 550.1815. 700
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(12) Changes in ownership or interest of a pari -mutuel 701
permit of 5 percent or more of the stock or other evidence of 702
ownership or equity in the permitholder shall be approved by the 703
commission division prior to such change, unless the owner is an 704
existing owner of that permit who was previously approved by the 705
commission division. Changes in ownership or interest of a pari -706
mutuel permit of less than 5 percent shall be reported to the 707
commission division within 20 days of the change. The commission 708
division may then conduct an investigation to ensure that the 709
permit is properly updated to show the change in ownership or 710
interest. 711
(13)(a) Notwithstanding any provisions of this chapter, no 712
thoroughbred horse racing permit or license issued under this 713
chapter shall be transferred, or reissued when such reissuance 714
is in the nature of a transfer so as to permit or authorize a 715
licensee to change the location of a thoroughbred horse 716
racetrack except upon proof in such form as the commission 717
division may prescribe that a referendum election has been held: 718
1. If the proposed new location is within the same county 719
as the already licensed location, in the county where the 720
licensee desires to conduct the race meeting and that a majority 721
of the electors voting on that questio n in such election voted 722
in favor of the transfer of such license. 723
2. If the proposed new location is not within the same 724
county as the already licensed location, in the county where the 725
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licensee desires to conduct the race meeting and in the county 726
where the licensee is already licensed to conduct the race 727
meeting and that a majority of the electors voting on that 728
question in each such election voted in favor of the transfer of 729
such license. 730
(14)(a) Any holder of a permit to conduct jai alai may 731
apply to the commission division to convert such permit to a 732
permit to conduct greyhound racing in lieu of jai alai if: 733
1. Such permit is located in a county in which the 734
commission division has issued only two pari -mutuel permits 735
pursuant to this section; 736
2. Such permit was not previously converted from any other 737
class of permit; and 738
3. The holder of the permit has not conducted jai alai 739
games during a period of 10 years immediately preceding his or 740
her application for conversion under this subsection. 741
(b) The commission division, upon application from the 742
holder of a jai alai permit meeting all conditions of this 743
section, shall convert the permit and shall issue to the 744
permitholder a permit to conduct greyhound racing. A 745
permitholder of a permit conver ted under this section shall be 746
required to apply for and conduct a full schedule of live racing 747
each fiscal year to be eligible for any tax credit provided by 748
this chapter. The holder of a permit converted pursuant to this 749
subsection or any holder of a pe rmit to conduct greyhound racing 750
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located in a county in which it is the only permit issued 751
pursuant to this section who operates at a leased facility 752
pursuant to s. 550.475 may move the location for which the 753
permit has been issued to another location with in a 30-mile 754
radius of the location fixed in the permit issued in that 755
county, provided the move does not cross the county boundary and 756
such location is approved under the zoning regulations of the 757
county or municipality in which the permit is located, and upon 758
such relocation may use the permit for the conduct of pari -759
mutuel wagering and the operation of a cardroom. The provisions 760
of s. 550.6305(9)(d) and (f) shall apply to any permit converted 761
under this subsection and shall continue to apply to any permi t 762
which was previously included under and subject to such 763
provisions before a conversion pursuant to this section 764
occurred. 765
(15) 766
(c) Additional permits for the conduct of pari -mutuel 767
wagering may not be approved or issued by the commission or 768
former Division of Pari-mutuel Wagering division after January 769
1, 2021; and 770
Section 13. Subsection (2) of section 550.0555, Florida 771
Statutes, is amended to read: 772
550.0555 Greyhound dogracing permits; relocation within a 773
county; conditions.— 774
(2) Any holder of a valid outstanding permit for greyhound 775
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dogracing in a county in which there is only one dogracing 776
permit issued, as well as any holder of a valid outstanding 777
permit for jai alai in a county where only one jai alai permit 778
is issued, is authorized, withou t the necessity of an additional 779
county referendum required under s. 550.0651, to move the 780
location for which the permit has been issued to another 781
location within a 30 -mile radius of the location fixed in the 782
permit issued in that county, provided the mov e does not cross 783
the county boundary, that such relocation is approved under the 784
zoning regulations of the county or municipality in which the 785
permit is to be located as a planned development use, consistent 786
with the comprehensive plan, and that such move is approved by 787
the commission department after it is determined at a proceeding 788
pursuant to chapter 120 in the county affected that the move is 789
necessary to ensure the revenue -producing capability of the 790
permittee without deteriorating the revenue -producing capability 791
of any other pari-mutuel permittee within 50 miles; the distance 792
shall be measured on a straight line from the nearest property 793
line of one racing plant or jai alai fronton to the nearest 794
property line of the other. 795
Section 14. Subsections (1), (3), and (5) of section 796
550.0651, Florida Statutes, are amended to read: 797
550.0651 Elections for ratification of permits; municipal 798
prohibitions.— 799
(1) The holder of any permit may have submitted to the 800
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electors of the county designated therein the question whether 801
or not such permit will be ratified or rejected. Such questions 802
shall be submitted to the electors for approval or rejection at 803
a special election to be called for that purpose only. The board 804
of county commissioners of the county designa ted, upon the 805
presentation to such board at a regular or special meeting of a 806
written application, accompanied by a certified copy of the 807
permit granted by the commission division, and asking for an 808
election in the county in which the application was made, shall 809
order a special election in the county for the particular 810
purpose of deciding whether such permit shall be approved and 811
license issued and race meetings permitted in such county by 812
such permittee and shall cause the clerk of such board to give 813
notice of the special election by publishing the same once each 814
week for 2 consecutive weeks in one or more newspapers of 815
general circulation in the county. Each permit covering each 816
track must be voted upon separately and in separate elections, 817
and an election may not be called more often than once every 2 818
years for the ratification of any permit covering the same 819
track. 820
(3) When a permit has been granted by the commission 821
division and no application to the board of county commissioners 822
has been made by the p ermittee within 6 months after the 823
granting of the permit, the permit becomes void. The commission 824
division shall cancel the permit without notice to the 825
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permitholder, and the board of county commissioners holding the 826
deposit for the election shall refund the deposit to the 827
permitholder upon being notified by the commission division that 828
the permit has become void and has been canceled. 829
(5) If at any such special election the majority of the 830
electors voting on the question of ratification or rejection of 831
any permit vote against such ratification, such permit is void. 832
If a majority of the electors voting on the question of 833
ratification or rejection of any permit vote for such 834
ratification, such permit becomes effectual and the holder 835
thereof may conduct rac ing upon complying with the other 836
provisions of this chapter. The board of county commissioners 837
shall immediately certify the results of the election to the 838
commission division. 839
Section 15. Subsection (1), paragraph (c) of subsection 840
(2), paragraph (c) of subsection (3), and subsections (5) and 841
(6) of section 550.0951, Florida Statutes, are amended to read: 842
550.0951 Payment of daily license fee and taxes; 843
penalties.— 844
(1) DAILY LICENSE FEE. — 845
(a) Each person engaged in the business of conducting rac e 846
meetings or jai alai games under this chapter, hereinafter 847
referred to as the "permitholder," "licensee," or "permittee," 848
shall pay to the commission division, for the use of the 849
commission division, a daily license fee on each live or 850
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simulcast pari-mutuel event of $100 for each horserace and $80 851
for each dograce and $40 for each jai alai game conducted at a 852
racetrack or fronton licensed under this chapter. In addition to 853
the tax exemption specified in s. 550.09514(1) of $360,000 or 854
$500,000 per greyhoun d permitholder per state fiscal year, each 855
greyhound permitholder shall receive in the current state fiscal 856
year a tax credit equal to the number of live greyhound races 857
conducted in the previous state fiscal year times the daily 858
license fee specified for each dograce in this subsection 859
applicable for the previous state fiscal year. This tax credit 860
and the exemption in s. 550.09514(1) shall be applicable to any 861
tax imposed by this chapter or the daily license fees imposed by 862
this chapter except during any c harity or scholarship 863
performances conducted pursuant to s. 550.0351. Each 864
permitholder shall pay daily license fees not to exceed $500 per 865
day on any simulcast races or games on which such permitholder 866
accepts wagers regardless of the number of out -of-state events 867
taken or the number of out -of-state locations from which such 868
events are taken. This license fee shall be deposited with the 869
Chief Financial Officer to the credit of the Pari -mutuel 870
Wagering Trust Fund. 871
(b) Each permitholder that cannot utilize the full amount 872
of the exemption of $360,000 or $500,000 provided in s. 873
550.09514(1) or the daily license fee credit provided in this 874
section may, after notifying the commission division in writing, 875
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elect once per state fiscal year on a form provided by t he 876
commission division to transfer such exemption or credit or any 877
portion thereof to any greyhound permitholder which acts as a 878
host track to such permitholder for the purpose of intertrack 879
wagering. Once an election to transfer such exemption or credit 880
is filed with the commission division, it shall not be 881
rescinded. The commission division shall disapprove the transfer 882
when the amount of the exemption or credit or portion thereof is 883
unavailable to the transferring permitholder or when the 884
permitholder who is entitled to transfer the exemption or credit 885
or who is entitled to receive the exemption or credit owes taxes 886
to the state pursuant to a deficiency letter or administrative 887
complaint issued by the commission division. Upon approval of 888
the transfer by the commission division, the transferred tax 889
exemption or credit shall be effective for the first performance 890
of the next payment period as specified in subsection (5). The 891
exemption or credit transferred to such host track may be 892
applied by such host trac k against any taxes imposed by this 893
chapter or daily license fees imposed by this chapter. The 894
greyhound permitholder host track to which such exemption or 895
credit is transferred shall reimburse such permitholder the 896
exact monetary value of such transferred exemption or credit as 897
actually applied against the taxes and daily license fees of the 898
host track. The commission division shall ensure that all 899
transfers of exemption or credit are made in accordance with 900
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this subsection and shall have the authority to adopt rules to 901
ensure the implementation of this section. 902
(2) ADMISSION TAX.— 903
(c) A permitholder may issue tax -free passes to its 904
officers, officials, and employees or other persons actually 905
engaged in working at the racetrack, including accredited pre ss 906
representatives such as reporters and editors, and may also 907
issue tax-free passes to other permitholders for the use of 908
their officers and officials. The permitholder shall file with 909
the commission division a list of all persons to whom tax -free 910
passes are issued under this paragraph. 911
(3) TAX ON HANDLE.—Each permitholder shall pay a tax on 912
contributions to pari -mutuel pools, the aggregate of which is 913
hereinafter referred to as "handle," on races or games conducted 914
by the permitholder. The tax is impose d daily and is based on 915
the total contributions to all pari -mutuel pools conducted 916
during the daily performance. If a permitholder conducts more 917
than one performance daily, the tax is imposed on each 918
performance separately. 919
(c)1. The tax on handle for in tertrack wagering is 2.0 920
percent of the handle if the host track is a horse track, 3.3 921
percent if the host track is a harness track, 5.5 percent if the 922
host track is a dog track, and 7.1 percent if the host track is 923
a jai alai fronton. The tax on handle fo r intertrack wagering is 924
0.5 percent if the host track and the guest track are 925
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thoroughbred permitholders or if the guest track is located 926
outside the market area of the host track and within the market 927
area of a thoroughbred permitholder currently conduct ing a live 928
race meet. The tax on handle for intertrack wagering on 929
rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent 930
of the handle and 1.5 percent of the handle for intertrack 931
wagering on rebroadcasts of simulcast harness horseraces. The 932
tax shall be deposited into the Pari -mutuel Wagering Trust Fund. 933
2. The tax on handle for intertrack wagers accepted by any 934
dog track located in an area of the state in which there are 935
only three permitholders, all of which are greyhound 936
permitholders, located in three contiguous counties, from any 937
greyhound permitholder also located within such area or any dog 938
track or jai alai fronton located as specified in s. 550.615(6) 939
or (9), on races or games received from the same class of 940
permitholder located within the same market area is 3.9 percent 941
if the host facility is a greyhound permitholder and, if the 942
host facility is a jai alai permitholder, the rate shall be 6.1 943
percent except that it shall be 2.3 percent on handle at such 944
time as the total tax on intertr ack handle paid to the 945
commission division by the permitholder during the current state 946
fiscal year exceeds the total tax on intertrack handle paid to 947
the commission division by the permitholder during the 1992 -1993 948
state fiscal year. 949
(5) PAYMENT AND DIS POSITION OF FEES AND TAXES. —Payments 950
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imposed by this section shall be paid to the commission 951
division. The commission division shall deposit these sums with 952
the Chief Financial Officer, to the credit of the Pari -mutuel 953
Wagering Trust Fund, hereby establish ed. The permitholder shall 954
remit to the commission division payment for the daily license 955
fee, the admission tax, the tax on handle, and the breaks tax. 956
Such payments shall be remitted by 3 p.m. Wednesday of each week 957
for taxes imposed and collected for th e preceding week ending on 958
Sunday. Beginning on July 1, 2012, such payments shall be 959
remitted by 3 p.m. on the 5th day of each calendar month for 960
taxes imposed and collected for the preceding calendar month. If 961
the 5th day of the calendar month falls on a weekend, payments 962
shall be remitted by 3 p.m. the first Monday following the 963
weekend. Permitholders shall file a report under oath by the 5th 964
day of each calendar month for all taxes remitted during the 965
preceding calendar month. Such payments shall be acco mpanied by 966
a report under oath showing the total of all admissions, the 967
pari-mutuel wagering activities for the preceding calendar 968
month, and such other information as may be prescribed by the 969
commission division. 970
(6) PENALTIES.— 971
(a) The failure of any permitholder to make payments as 972
prescribed in subsection (5) is a violation of this section, and 973
the permitholder may be subjected by the commission division to 974
a civil penalty of up to $1,000 for each day the tax payment is 975
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not remitted. All penalties i mposed and collected shall be 976
deposited in the General Revenue Fund. If a permitholder fails 977
to pay penalties imposed by order of the commission division 978
under this subsection, the commission division may suspend or 979
revoke the license of the permitholder, cancel the permit of the 980
permitholder, or deny issuance of any further license or permit 981
to the permitholder. 982
(b) In addition to the civil penalty prescribed in 983
paragraph (a), any willful or wanton failure by any permitholder 984
to make payments of the dail y license fee, admission tax, tax on 985
handle, or breaks tax constitutes sufficient grounds for the 986
commission division to suspend or revoke the license of the 987
permitholder, to cancel the permit of the permitholder, or to 988
deny issuance of any further license or permit to the 989
permitholder. 990
Section 16. Paragraphs (b), (c), (d), and (e) of 991
subsection (2) and paragraph (a) of subsection (3) of section 992
550.09511, Florida Statutes, are amended to read: 993
550.09511 Jai alai taxes; abandoned interest in a permit 994
for nonpayment of taxes. — 995
(2) Notwithstanding the provisions of s. 550.0951(3)(b), 996
wagering on live jai alai performances shall be subject to the 997
following taxes: 998
(b) At such time as the total of admissions tax, daily 999
license fee, and tax on handle for live jai alai performances 1000
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paid to the commission division by a permitholder during the 1001
current state fiscal year exceeds the total state tax revenues 1002
from wagering on live jai alai performances paid or due by the 1003
permitholder in fiscal year 1991 -1992, the permitholder shall 1004
pay tax on handle for live jai alai pe rformances at a rate of 1005
2.55 percent of the handle per performance for the remainder of 1006
the current state fiscal year. For purposes of this section, 1007
total state tax revenues on live jai alai wagering in fiscal 1008
year 1991-1992 shall include any admissions ta x, tax on handle, 1009
surtaxes on handle, and daily license fees. 1010
(c) If no tax on handle for live jai alai performances 1011
were paid to the commission division by a jai alai permitholder 1012
during the 1991-1992 state fiscal year, then at such time as the 1013
total of admissions tax, daily license fee, and tax on handle 1014
for live jai alai performances paid to the commission division 1015
by a permitholder during the current s tate fiscal year exceeds 1016
the total state tax revenues from wagering on live jai alai 1017
performances paid or due by the permitholder in the last state 1018
fiscal year in which the permitholder conducted a full schedule 1019
of live games, the permitholder shall pay ta x on handle for live 1020
jai alai performances at a rate of 3.3 percent of the handle per 1021
performance for the remainder of the current state fiscal year. 1022
For purposes of this section, total state tax revenues on live 1023
jai alai wagering shall include any admissi ons tax, tax on 1024
handle, surtaxes on handle, and daily license fees. This 1025
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paragraph shall take effect July 1, 1993. 1026
(d) A permitholder who obtains a new permit issued by the 1027
commission division subsequent to the 1991 -1992 state fiscal 1028
year and a permithol der whose permit has been converted to a jai 1029
alai permit under the provisions of this chapter, shall, at such 1030
time as the total of admissions tax, daily license fee, and tax 1031
on handle for live jai alai performances paid to the commission 1032
division by the permitholder during the current state fiscal 1033
year exceeds the average total state tax revenues from wagering 1034
on live jai alai performances for the first 3 consecutive jai 1035
alai seasons paid to or due the commission division by the 1036
permitholder and during whic h the permitholder conducted a full 1037
schedule of live games, pay tax on handle for live jai alai 1038
performances at a rate of 3.3 percent of the handle per 1039
performance for the remainder of the current state fiscal year. 1040
(e) The payment of taxes pursuant to p aragraphs (b), (c), 1041
and (d) shall be calculated and commence beginning the day in 1042
which the permitholder is first entitled to the reduced rate 1043
specified in this section and the report of taxes required by s. 1044
550.0951(5) is submitted to the commission division. 1045
(3)(a) Notwithstanding the provisions of subsection (2) 1046
and s. 550.0951(3)(c)1., any jai alai permitholder which is 1047
restricted under Florida law from operating live performances on 1048
a year-round basis is entitled to conduct wagering on live 1049
performances at a tax rate of 3.85 percent of live handle. Such 1050
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permitholder is also entitled to conduct intertrack wagering as 1051
a host permitholder on live jai alai games at its fronton at a 1052
tax rate of 3.3 percent of handle at such time as the total tax 1053
on intertrack handle paid to the commission division by the 1054
permitholder during the current state fiscal year exceeds the 1055
total tax on intertrack handle paid to the former Division of 1056
Pari-mutuel Wagering by the permitholder during the 1992 -1993 1057
state fiscal year. 1058
Section 17. Paragraph (b) of subsection (3) of section 1059
550.09512, Florida Statutes, is amended to read: 1060
550.09512 Harness horse taxes; abandoned interest in a 1061
permit for nonpayment of taxes. — 1062
(3) 1063
(b) In order to maximize the tax revenues to the sta te, 1064
the commission division shall reissue an escheated harness horse 1065
permit to a qualified applicant pursuant to the provisions of 1066
this chapter as for the issuance of an initial permit. However, 1067
the provisions of this chapter relating to referendum 1068
requirements for a pari-mutuel permit shall not apply to the 1069
reissuance of an escheated harness horse permit. As specified in 1070
the application and upon approval by the commission division of 1071
an application for the permit, the new permitholder shall be 1072
authorized to operate a harness horse facility anywhere in the 1073
same county in which the escheated permit was authorized to be 1074
operated, notwithstanding the provisions of s. 550.054(2) 1075
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relating to mileage limitations. 1076
Section 18. Paragraphs (a), (b), (d), (e), and (f) of 1077
subsection (2) of section 550.09514, Florida Statutes, are 1078
amended to read: 1079
550.09514 Greyhound dogracing taxes; purse requirements. — 1080
(2)(a) The commission division shall determine for each 1081
greyhound permitholder the annual purse percentage rate of live 1082
handle for the state fiscal year 1993 -1994 by dividing total 1083
purses paid on live handle by the permitholder, exclusive of 1084
payments made from outside sources, during the 1993 -1994 state 1085
fiscal year by the permitholder's live handle for the 1993 -1994 1086
state fiscal year. Each permitholder shall pay as purses for 1087
live races conducted during its current race meet a percentage 1088
of its live handle not less than the percentage determined under 1089
this paragraph, exclusive of payments made by outside sources, 1090
for its 1993-1994 state fiscal year. 1091
(b) Except as otherwise set forth herein, in addition to 1092
the minimum purse percentage required by paragraph (a), each 1093
permitholder shall pay as purses an annual amount equal to 75 1094
percent of the daily license fees paid by each permitholder for 1095
the 1994-1995 fiscal year. This purse supplement shall be 1096
disbursed weekly during the permitholder's race meet in an 1097
amount determined by dividing the annual purse supplement by the 1098
number of performances approved for the permithol der pursuant to 1099
its annual license and multiplying that amount by the number of 1100
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performances conducted each week. For the greyhound 1101
permitholders in the county where there are two greyhound 1102
permitholders located as specified in s. 550.615(6), such 1103
permitholders shall pay in the aggregate an amount equal to 75 1104
percent of the daily license fees paid by such permitholders for 1105
the 1994-1995 fiscal year. These permitholders shall be jointly 1106
and severally liable for such purse payments. The additional 1107
purses provided by this paragraph must be used exclusively for 1108
purses other than stakes. The commission division shall conduct 1109
audits necessary to ensure compliance with this section. 1110
(d) The commission division shall require sufficient 1111
documentation from each grey hound permitholder regarding purses 1112
paid on live racing to assure that the annual purse percentage 1113
rates paid by each permitholder on the live races are not 1114
reduced below those paid during the 1993 -1994 state fiscal year. 1115
The commission division shall require sufficient documentation 1116
from each greyhound permitholder to assure that the purses paid 1117
by each permitholder on the greyhound intertrack and simulcast 1118
broadcasts are in compliance with the requirements of paragraph 1119
(c). 1120
(e) In addition to the purse requirements of paragraphs 1121
(a)-(c), each greyhound permitholder shall pay as purses an 1122
amount equal to one-third of the amount of the tax reduction on 1123
live and simulcast handle applicable to such permitholder as a 1124
result of the reductions in tax rates prov ided by this act 1125
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through the amendments to s. 550.0951(3). With respect to 1126
intertrack wagering when the host and guest tracks are greyhound 1127
permitholders not within the same market area, an amount equal 1128
to the tax reduction applicable to the guest track ha ndle as a 1129
result of the reduction in tax rate provided by this act through 1130
the amendment to s. 550.0951(3) shall be distributed to the 1131
guest track, one-third of which amount shall be paid as purses 1132
at the guest track. However, if the guest track is a greyh ound 1133
permitholder within the market area of the host or if the guest 1134
track is not a greyhound permitholder, an amount equal to such 1135
tax reduction applicable to the guest track handle shall be 1136
retained by the host track, one -third of which amount shall be 1137
paid as purses at the host track. These purse funds shall be 1138
disbursed in the week received if the permitholder conducts at 1139
least one live performance during that week. If the permitholder 1140
does not conduct at least one live performance during the week 1141
in which the purse funds are received, the purse funds shall be 1142
disbursed weekly during the permitholder's next race meet in an 1143
amount determined by dividing the purse amount by the number of 1144
performances approved for the permitholder pursuant to its 1145
annual license, and multiplying that amount by the number of 1146
performances conducted each week. The commission division shall 1147
conduct audits necessary to ensure compliance with this 1148
paragraph. 1149
(f) Each greyhound permitholder shall, during the 1150
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permitholder's race me et, supply kennel operators and the 1151
commission Division of Pari-Mutuel Wagering with a weekly report 1152
showing purses paid on live greyhound races and all greyhound 1153
intertrack and simulcast broadcasts, including both as a guest 1154
and a host together with the h andle or commission calculations 1155
on which such purses were paid and the transmission costs of 1156
sending the simulcast or intertrack broadcasts, so that the 1157
kennel operators may determine statutory and contractual 1158
compliance. 1159
Section 19. Paragraph (b) of subsection (3) of section 1160
550.09515, Florida Statutes, is amended to read: 1161
550.09515 Thoroughbred horse taxes; abandoned interest in 1162
a permit for nonpayment of taxes. — 1163
(3) 1164
(b) In order to maximize the tax revenues to the state, 1165
the commission division shall reissue an escheated thoroughbred 1166
horse permit to a qualified applicant pursuant to the provisions 1167
of this chapter as for the issuance of an initial permit. 1168
However, the provisions of this chapter relating to referendum 1169
requirements for a pari -mutuel permit shall not apply to the 1170
reissuance of an escheated thoroughbred horse permit. As 1171
specified in the application and upon approval by the commission 1172
division of an application for the permit, the new permitholder 1173
shall be authorized to operate a thoro ughbred horse facility 1174
anywhere in the same county in which the escheated permit was 1175
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authorized to be operated, notwithstanding the provisions of s. 1176
550.054(2) relating to mileage limitations. 1177
Section 20. Subsection (1), paragraph (b) of subsection 1178
(2), paragraphs (a), (b), (c), (e), and (f) of subsection (5), 1179
subsections (6), (7), and (8), and paragraphs (a), (c), and (d) 1180
of subsection (10) of section 550.105, Florida Statutes, are 1181
amended to read: 1182
550.105 Occupational licenses of racetrack employees ; 1183
fees; denial, suspension, and revocation of license; penalties 1184
and fines.— 1185
(1) Each person connected with a racetrack or jai alai 1186
fronton, as specified in paragraph (2)(a), shall purchase from 1187
the commission division an occupational license. All moneys 1188
collected pursuant to this section each fiscal year shall be 1189
deposited into the Pari -mutuel Wagering Trust Fund. Pursuant to 1190
the rules adopted by the commission division, an occupational 1191
license may be valid for a period of up to 3 years for a fee 1192
that does not exceed the full occupational license fee for each 1193
of the years for which the license is purchased. The 1194
occupational license shall be valid during its specified term at 1195
any pari-mutuel facility. 1196
(2) 1197
(b) The commission division shall adopt rules pertaining 1198
to pari-mutuel occupational licenses, licensing periods, and 1199
renewal cycles. 1200
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(5)(a) The commission division may: 1201
1. Deny a license to or revoke, suspend, or place 1202
conditions upon or restrictions on a license of any person who 1203
has been refused a license by any other state racing commission 1204
or racing authority; 1205
2. Deny, suspend, or place conditions on a license of any 1206
person who is under suspension or has unpaid fines in another 1207
jurisdiction; 1208
1209
if the state racing commission or racing authorit y of such other 1210
state or jurisdiction extends to the commission division 1211
reciprocal courtesy to maintain the disciplinary control. 1212
(b) The commission division may deny, suspend, revoke, or 1213
declare ineligible any occupational license if the applicant for 1214
or holder thereof has violated the provisions of this chapter or 1215
the rules of the commission division governing the conduct of 1216
persons connected with racetracks and frontons. In addition, the 1217
commission division may deny, suspend, revoke, or declare 1218
ineligible any occupational license if the applicant for such 1219
license has been convicted in this state, in any other state, or 1220
under the laws of the United States of a capital felony, a 1221
felony, or an offense in any other state which would be a felony 1222
under the laws of this state involving arson; trafficking in, 1223
conspiracy to traffic in, smuggling, importing, conspiracy to 1224
smuggle or import, or delivery, sale, or distri bution of a 1225
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controlled substance; or a crime involving a lack of good moral 1226
character, or has had a pari -mutuel license revoked by this 1227
state or any other jurisdiction for an offense related to pari -1228
mutuel wagering. 1229
(c) The commission division may deny, declare ineligible, 1230
or revoke any occupational license if the applicant for such 1231
license has been convicted of a felony or misdemeanor in this 1232
state, in any other state, or under the laws of the United 1233
States, if such felony or misdemeanor is related to ga mbling or 1234
bookmaking, as contemplated in s. 849.25, or involves cruelty to 1235
animals. If the applicant establishes that she or he is of good 1236
moral character, that she or he has been rehabilitated, and that 1237
the crime she or he was convicted of is not related to pari-1238
mutuel wagering and is not a capital offense, the restrictions 1239
excluding offenders may be waived by the director of the 1240
commission division. 1241
(e) If an occupational license will expire by commission 1242
division rule during the period of a suspension the commission 1243
division intends to impose, or if a license would have expired 1244
but for pending administrative charges and the occupational 1245
licensee is found to be in violation of any of the charges, the 1246
license may be revoked and a time period of license 1247
ineligibility may be declared. The commission division may bring 1248
administrative charges against any person not holding a current 1249
license for violations of statutes or rules which occurred while 1250
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such person held an occupational license, and the commission 1251
division may declare such person ineligible to hold a license 1252
for a period of time. The commission division may impose a civil 1253
fine of up to $1,000 for each violation of the rules of the 1254
commission division in addition to or in lieu of any other 1255
penalty provided for in this section. In addition to any other 1256
penalty provided by law, the commission division may exclude 1257
from all pari-mutuel facilities in this state, for a period not 1258
to exceed the period of suspension, revocation, or 1259
ineligibility, any person whos e occupational license application 1260
has been denied by the commission division, who has been 1261
declared ineligible to hold an occupational license, or whose 1262
occupational license has been suspended or revoked by the 1263
commission division. 1264
(f) The commission division may cancel any occupational 1265
license that has been voluntarily relinquished by the licensee. 1266
(6) In order to promote the orderly presentation of pari -1267
mutuel meets authorized in this chapter, the commission division 1268
may issue a temporary occupationa l license. The commission 1269
division shall adopt rules to implement this subsection. 1270
However, no temporary occupational license shall be valid for 1271
more than 90 days, and no more than one temporary license may be 1272
issued for any person in any year. 1273
(7) The commission division may deny, revoke, or suspend 1274
any occupational license if the applicant therefor or holder 1275
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thereof accumulates unpaid obligations or defaults in 1276
obligations, or issues drafts or checks that are dishonored or 1277
for which payment is refused w ithout reasonable cause, if such 1278
unpaid obligations, defaults, or dishonored or refused drafts or 1279
checks directly relate to the sport of jai alai or racing being 1280
conducted at a pari-mutuel facility within this state. 1281
(8) The commission division may fine, or suspend or 1282
revoke, or place conditions upon, the license of any licensee 1283
who under oath knowingly provides false information regarding an 1284
investigation by the commission division. 1285
(10)(a) Upon application for an occupational license, the 1286
commission division may require the applicant's full legal name; 1287
any nickname, alias, or maiden name for the applicant; name of 1288
the applicant's spouse; the applicant's date of birth, residence 1289
address, mailing address, residence address and business phone 1290
number, and social security number; disclosure of any felony or 1291
any conviction involving bookmaking, illegal gambling, or 1292
cruelty to animals; disclosure of any past or present 1293
enforcement or actions by any racing or gaming agency against 1294
the applicant; and any inform ation the commission division 1295
determines is necessary to establish the identity of the 1296
applicant or to establish that the applicant is of good moral 1297
character. Fingerprints shall be taken in a manner approved by 1298
the commission division and then shall be su bmitted to the 1299
Federal Bureau of Investigation, or to the association of state 1300
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officials regulating pari -mutuel wagering pursuant to the 1301
Federal Pari-mutuel Licensing Simplification Act of 1988. The 1302
cost of processing fingerprints shall be borne by the app licant 1303
and paid to the association of state officials regulating pari -1304
mutuel wagering from the trust fund to which the processing fees 1305
are deposited. The commission division, by rule, may require 1306
additional information from licensees which is reasonably 1307
necessary to regulate the industry. The commission division may, 1308
by rule, exempt certain occupations or groups of persons from 1309
the fingerprinting requirements. 1310
(c) The Department of Law Enforcement shall search all 1311
arrest fingerprints received pursuant to s. 943.051 against the 1312
fingerprints retained in the statewide automated biometric 1313
identification system under paragraph (b). Any arrest record 1314
that is identified with the retained fingerprints of a person 1315
subject to the criminal history screening requireme nts of this 1316
section shall be reported to the commission division. Each 1317
licensee shall pay a fee to the commission division for the cost 1318
of retention of the fingerprints and the ongoing searches under 1319
this paragraph. The commission division shall forward the 1320
payment to the Department of Law Enforcement. The amount of the 1321
fee to be imposed for performing these searches and the 1322
procedures for the retention of licensee fingerprints shall be 1323
as established by rule of the Department of Law Enforcement. The 1324
commission division shall inform the Department of Law 1325
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Enforcement of any change in the license status of licensees 1326
whose fingerprints are retained under paragraph (b). 1327
(d) The commission division shall request the Department 1328
of Law Enforcement to forward the fingerprints to the Federal 1329
Bureau of Investigation for a national criminal history records 1330
check at least once every 5 years following issuance of a 1331
license. If the fingerprints of a person who is licensed have 1332
not been retained by the Department of Law E nforcement, the 1333
person must file a complete set of fingerprints as provided in 1334
paragraph (a). The commission division shall collect the fees 1335
for the cost of the national criminal history records check 1336
under this paragraph and forward the payment to the Dep artment 1337
of Law Enforcement. The cost of processing fingerprints and 1338
conducting a criminal history records check under this paragraph 1339
for a general occupational license shall be borne by the 1340
applicant. The cost of processing fingerprints and conducting a 1341
criminal history records check under this paragraph for a 1342
business or professional occupational license shall be borne by 1343
the person being checked. The Department of Law Enforcement may 1344
invoice the commission division for the fingerprints submitted 1345
each month. Under penalty of perjury, each person who is 1346
licensed or who is fingerprinted as required by this section 1347
must agree to inform the commission division within 48 hours if 1348
he or she is convicted of or has entered a plea of guilty or 1349
nolo contendere to any disqualifying offense, regardless of 1350
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adjudication. 1351
Section 21. Subsection (1) of section 550.1155, Florida 1352
Statutes, is amended to read: 1353
550.1155 Authority of stewards, judges, panel of judges, 1354
or player's manager to impose penalties against occupat ional 1355
licensees; disposition of funds collected. — 1356
(1) The stewards at a horse racetrack or the judges, a 1357
panel of judges, or a player's manager at a jai alai fronton may 1358
impose a civil penalty against any occupational licensee for 1359
violation of the pari -mutuel laws or any rule adopted by the 1360
commission division. The penalty may not exceed $1,000 for each 1361
count or separate offense or exceed 60 days of suspension for 1362
each count or separate offense. 1363
Section 22. Subsection (2) and paragraph (a) of subsecti on 1364
(3) of section 550.125, Florida Statutes, are amended to read: 1365
550.125 Uniform reporting system; bond requirement. — 1366
(2)(a) Each permitholder that conducts race meetings or 1367
jai alai exhibitions under this chapter shall keep records that 1368
clearly show the total number of admissions and the total amount 1369
of money contributed to each pari -mutuel pool on each race or 1370
exhibition separately and the amount of money received daily 1371
from admission fees and, within 120 days after the end of its 1372
fiscal year, shall submit to the commission division a complete 1373
annual report of its accounts, audited by a certified public 1374
accountant licensed to practice in the state. 1375
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(b) The commission division shall adopt rules specifying 1376
the form and content of such reports, includi ng, but not limited 1377
to, requirements for a statement of assets and liabilities, 1378
operating revenues and expenses, and net worth, which statement 1379
must be audited by a certified public accountant licensed to 1380
practice in this state, and any supporting informat ional 1381
schedule found necessary by the commission division to verify 1382
the foregoing financial statement, which informational schedule 1383
must be attested to under oath by the permitholder or an officer 1384
of record, to permit the commission division to: 1385
1. Assess the profitability and financial soundness of 1386
permitholders, both individually and as an industry; 1387
2. Plan and recommend measures necessary to preserve and 1388
protect the pari-mutuel revenues of the state; and 1389
3. Completely identify the holdings, transac tions, and 1390
investments of permitholders with other business entities. 1391
(c) The Auditor General and the Office of Program Policy 1392
Analysis and Government Accountability may, pursuant to their 1393
own authority or at the direction of the Legislative Auditing 1394
Committee, audit, examine, and check the books and records of 1395
any permitholder. These audit reports shall become part of, and 1396
be maintained in, the commission division files. 1397
(d) The commission division shall annually review the 1398
books and records of each pe rmitholder and verify that the 1399
breaks and unclaimed ticket payments made by each permitholder 1400
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are true and correct. 1401
(3)(a) Each permitholder to which a license is granted 1402
under this chapter, at its own cost and expense, must, before 1403
the license is delive red, give a bond in the penal sum of 1404
$50,000 payable to the Governor of the state and her or his 1405
successors in office, with a surety or sureties to be approved 1406
by the commission division and the Chief Financial Officer, 1407
conditioned to faithfully make the payments to the Chief 1408
Financial Officer in her or his capacity as treasurer of the 1409
commission division; to keep its books and records and make 1410
reports as provided; and to conduct its raci ng in conformity 1411
with this chapter. When the greatest amount of tax owed during 1412
any month in the prior state fiscal year, in which a full 1413
schedule of live racing was conducted, is less than $50,000, the 1414
commission division may assess a bond in a sum less t han 1415
$50,000. The commission division may review the bond for 1416
adequacy and require adjustments each fiscal year. The 1417
commission division has the authority to adopt rules to 1418
implement this paragraph and establish guidelines for such 1419
bonds. 1420
Section 23. Subsection (1) of section 550.155, Florida 1421
Statutes, is amended to read: 1422
550.155 Pari-mutuel pool within track enclosure; takeouts; 1423
breaks; penalty for purchasing part of a pari -mutuel pool for or 1424
through another in specified circumstances. — 1425
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(1) Wagering on the results of a horserace, dograce, or on 1426
the scores or points of a jai alai game and the sale of tickets 1427
or other evidences showing an interest in or a contribution to a 1428
pari-mutuel pool are allowed within the enclosure of any pari -1429
mutuel facility licensed and conducted under this chapter but 1430
are not allowed elsewhere in this state, must be supervised by 1431
the commission division, and are subject to such reasonable 1432
rules that the commission division prescribes. 1433
Section 24. Section 550.175, Florida S tatutes, is amended 1434
to read: 1435
550.175 Petition for election to revoke permit. —Upon 1436
petition of 20 percent of the qualified electors of any county 1437
wherein any pari-mutuel wagering has been licensed and conducted 1438
under this chapter, the county commissioners of such county 1439
shall provide for the submission to the electors of such county 1440
at the then next succeeding general election the question of 1441
whether any permit or permits theretofore granted shall be 1442
continued or revoked, and if a majority of the electors voting 1443
on such question in such election vote to cancel or recall the 1444
permit theretofore given, the commission division may not 1445
thereafter grant any license on the permit so recalled. Every 1446
signature upon every recall petition must be signed in the 1447
presence of the clerk of the board of county commissioners at 1448
the office of the clerk of the circuit court of the county, and 1449
the petitioner must present at the time of such signing her or 1450
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his registration receipt showing the petitioner's qualification 1451
as an elector of the county at the time of the signing of the 1452
petition. Not more than one permit may be included in any one 1453
petition; and, in all elections in which the recall of more than 1454
one permit is voted on, the voters shall be given an opportunity 1455
to vote for or against the recall of each permit separately. 1456
Nothing in this chapter shall be construed to prevent the 1457
holding of later referendum or recall elections. 1458
Section 25. Subsections (1), (3), and (5) of section 1459
550.1815, Florida Statutes, are amended to read: 1460
550.1815 Certain persons prohibited from holding racing or 1461
jai alai permits; suspension and revocation. — 1462
(1) A corporation, general or limited partnership, sole 1463
proprietorship, business trust, joint venture, or unincorporated 1464
association, or other business entity may not hold any 1465
horseracing or greyhound permit or jai alai fronton permit in 1466
this state if any one of the persons or entities specified in 1467
paragraph (a) has been determined by the commission division not 1468
to be of good moral character or has been convicted of any 1469
offense specified in paragraph (b). 1470
(a)1. The permitholder; 1471
2. An employee of the p ermitholder; 1472
3. The sole proprietor of the permitholder; 1473
4. A corporate officer or director of the permitholder; 1474
5. A general partner of the permitholder; 1475
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6. A trustee of the permitholder; 1476
7. A member of an unincorporated association permitholder ; 1477
8. A joint venturer of the permitholder; 1478
9. The owner of more than 5 percent of any equity interest 1479
in the permitholder, whether as a common shareholder, general or 1480
limited partner, voting trustee, or trust beneficiary; or 1481
10. An owner of any inter est in the permit or 1482
permitholder, including any immediate family member of the 1483
owner, or holder of any debt, mortgage, contract, or concession 1484
from the permitholder, who by virtue thereof is able to control 1485
the business of the permitholder. 1486
(b)1. A felony in this state; 1487
2. Any felony in any other state which would be a felony 1488
if committed in this state under the laws of this state; 1489
3. Any felony under the laws of the United States; 1490
4. A felony under the laws of another state if related to 1491
gambling which would be a felony under the laws of this state if 1492
committed in this state; or 1493
5. Bookmaking as defined in s. 849.25. 1494
(3) After notice and hearing, the commission division 1495
shall refuse to issue or renew or shall suspend, as appropriate, 1496
any permit found in violation of subsection (1). The order shall 1497
become effective 120 days after service of the order upon the 1498
permitholder and shall be amended to constitute a final order of 1499
revocation unless the permitholder has, within that period of 1500
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time, either caused the divestiture, or agreed with the 1501
convicted person upon a complete immediate divestiture, of her 1502
or his holding, or has petitioned the circuit court as provided 1503
in subsection (4) or, in the case of corporate officers or 1504
directors of the holder or employees of the holder, has 1505
terminated the relationship between the permitholder and those 1506
persons mentioned. The commission division may, by order, extend 1507
the 120-day period for divestiture, upon good cause shown, to 1508
avoid interruption of any jai alai o r race meeting or to 1509
otherwise effectuate this section. If no action has been taken 1510
by the permitholder within the 120 -day period following the 1511
issuance of the order of suspension, the commission division 1512
shall, without further notice or hearing, enter a f inal order of 1513
revocation of the permit. When any permitholder or sole 1514
proprietor of a permitholder is convicted of an offense 1515
specified in paragraph (1)(b), the commission department may 1516
approve a transfer of the permit to a qualified applicant, upon 1517
a finding that revocation of the permit would impair the state's 1518
revenue from the operation of the permit or otherwise be 1519
detrimental to the interests of the state in the regulation of 1520
the industry of pari -mutuel wagering. In such approval, no 1521
public referendum is required, notwithstanding any other 1522
provision of law. A petition for transfer after conviction must 1523
be filed with the commission department within 30 days after 1524
service upon the permitholder of the final order of revocation. 1525
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The timely filing of such a petition automatically stays any 1526
revocation order until further order of the commission 1527
department. 1528
(5) The commission division shall make such rules for the 1529
photographing, fingerprinting, and obtaining of personal data of 1530
individuals described in parag raph (1)(a) and the obtaining of 1531
such data regarding the business entities described in paragraph 1532
(1)(a) as is necessary to effectuate the provisions of this 1533
section. 1534
Section 26. Paragraph (a) of subsection (2), paragraph (c) 1535
of subsection (3), and sub section (6) of section 550.24055, 1536
Florida Statutes, are amended to read: 1537
550.24055 Use of controlled substances or alcohol 1538
prohibited; testing of certain occupational licensees; penalty; 1539
evidence of test or action taken and admissibility for criminal 1540
prosecution limited.— 1541
(2) The occupational licensees, by applying for and 1542
holding such licenses, are deemed to have given their consents 1543
to submit to an approved chemical test of their breath for the 1544
purpose of determining the alcoholic content of their blo od and 1545
to a urine or blood test for the purpose of detecting the 1546
presence of controlled substances. Such tests shall only be 1547
conducted upon reasonable cause that a violation has occurred as 1548
shall be determined solely by the stewards at a horseracing 1549
meeting or the judges or board of judges at a jai alai meet. The 1550
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failure to submit to such test may result in a suspension of the 1551
person's occupational license for a period of 10 days or until 1552
this section has been complied with, whichever is longer. 1553
(a) If there was at the time of the test 0.05 percent or 1554
less by weight of alcohol in the person's blood, the person is 1555
presumed not to have been under the influence of alcoholic 1556
beverages to the extent that the person's normal faculties were 1557
impaired, and no actio n of any sort may be taken by the 1558
stewards, judges, or board of judges or the commission division. 1559
1560
All tests relating to alcohol must be performed in a manner 1561
substantially similar, or identical, to the provisions of s. 1562
316.1934 and rules adopted pursuant to that section. Following a 1563
test of the urine or blood to determine the presence of a 1564
controlled substance as defined in chapter 893, if a controlled 1565
substance is found to exist, the stewards, judges, or board of 1566
judges may take such action as is permitt ed in this section. 1567
(3) A violation of subsection (2) is subject to the 1568
following penalties: 1569
(c) If the second violation occurred within 1 year after 1570
the first violation, then upon the finding of a third violation 1571
of this section within 1 year after th e second violation, the 1572
stewards, judges, or board of judges may suspend the licensee 1573
for up to 120 days; and the stewards, judges, or board of judges 1574
shall forward the results of the tests under paragraphs (a) and 1575
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(b) and this violation to the commission division. In addition 1576
to the action taken by the stewards, judges, or board of judges, 1577
the commission division, after a hearing, may deny, suspend, or 1578
revoke the occupational license of the licensee and may impose a 1579
civil penalty of up to $5,000 in additio n to, or in lieu of, a 1580
suspension or revocation, it being the intent of the Legislature 1581
that the commission division shall have no authority over the 1582
enforcement of this section until a licensee has committed the 1583
third violation within 2 years after the fi rst violation. 1584
(6) Evidence of any test or actions taken by the stewards, 1585
judges, or board of judges or the commission division under this 1586
section is inadmissible for any purpose in any court for 1587
criminal prosecution, it being the intent of the Legislatu re to 1588
provide a method and means by which the health, safety, and 1589
welfare of those officiating at or participating in a race meet 1590
or a jai alai game are sufficiently protected. However, this 1591
subsection does not prohibit any person so authorized from 1592
pursuing an independent investigation as a result of a ruling 1593
made by the stewards, judges, or board of judges, or the 1594
commission division. 1595
Section 27. Paragraphs (a) and (b) of subsection (1), 1596
subsection (2), paragraphs (a), (b), and (c) of subsection (3), 1597
subsection (5), paragraphs (b) and (c) of subsection (6), 1598
paragraphs (a), (b), (c), (d), and (e) of subsection (7), and 1599
subsections (9), (10), (11), and (12) of section 550.2415, 1600
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Florida Statutes, are amended to read: 1601
550.2415 Racing of animals under certain conditions 1602
prohibited; penalties; exceptions. — 1603
(1)(a) The racing of an animal that has been impermissibly 1604
medicated or determined to have a prohibited substance present 1605
is prohibited. It is a violation of this section for a person to 1606
impermissibly medicate an animal or for an animal to have a 1607
prohibited substance present resulting in a positive test for 1608
such medications or substances based on samples taken from the 1609
animal before or immediately after the racing of that animal. 1610
Test results and the identities of the animals being tested and 1611
of their trainers and owners of record are confidential and 1612
exempt from s. 119.07(1) and from s. 24(a), Art. I of the State 1613
Constitution for 10 days after testing of all samples collected 1614
on a particular day has b een completed and any positive test 1615
results derived from such samples have been reported to the 1616
director of the commission division or administrative action has 1617
been commenced. 1618
(b) It is a violation of this section for a race -day 1619
specimen to contain a le vel of a naturally occurring substance 1620
which exceeds normal physiological concentrations. The 1621
commission division may solicit input from the Department of 1622
Agriculture and Consumer Services and adopt rules that specify 1623
normal physiological concentrations of naturally occurring 1624
substances in the natural untreated animal and rules that 1625
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specify acceptable levels of environmental contaminants and 1626
trace levels of substances in test samples. 1627
(2) Administrative action may be taken by the commission 1628
division against an occupational licensee responsible pursuant 1629
to rule of the commission division for the condition of an 1630
animal that has been impermissibly medicated or drugged in 1631
violation of this section. 1632
(3)(a) Upon the finding of a violation of this section, 1633
the commission division may revoke or suspend the license or 1634
permit of the violator or deny a license or permit to the 1635
violator; impose a fine against the violator in an amount not 1636
exceeding the purse or sweepstakes earned by the animal in the 1637
race at issue or $10,000, whichever is greater; require the full 1638
or partial return of the purse, sweepstakes, and trophy of the 1639
race at issue; or impose against the violator any combination of 1640
such penalties. The finding of a violation of this section does 1641
not prohibit a prosecution for criminal acts committed. 1642
(b) The commission division, notwithstanding chapter 120, 1643
may summarily suspend the license of an occupational licensee 1644
responsible under this section or commission division rule for 1645
the condition of a race animal if the commission division 1646
laboratory reports the presence of a prohibited substance in the 1647
animal or its blood, urine, saliva, or any other bodily fluid, 1648
either before a race in which the animal is entered or after a 1649
race the animal has run. 1650
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(c) If an occupational licensee is summarily suspended 1651
under this section, the commission division shall offer the 1652
licensee a prompt postsuspension hearing within 72 hours, at 1653
which the commission division shall produce the laboratory 1654
report and documentation which, on its face, establishes the 1655
responsibility of the occupational licensee. Upon production of 1656
the documentation, the occupational licensee has the burden of 1657
proving his or her lack of responsibility. 1658
(5) The commission division shall implement a split -sample 1659
procedure for testing animals under this section. 1660
(a) The commission division shall notify the owner or 1661
trainer, the stewards, and the appropriate horsemen's 1662
association of all drug test results. If a drug test result is 1663
positive, and upon request b y the affected trainer or owner of 1664
the animal from which the sample was obtained, the commission 1665
division shall send the split sample to an approved independent 1666
laboratory for analysis. The commission division shall establish 1667
standards and rules for unifor m enforcement and shall maintain a 1668
list of at least five approved independent laboratories for an 1669
owner or trainer to select from if a drug test result is 1670
positive. 1671
(b) If the commission division laboratory's findings are 1672
not confirmed by the independent laboratory, no further 1673
administrative or disciplinary action under this section may be 1674
pursued. 1675
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(c) If the independent laboratory confirms the commission 1676
division laboratory's positive result, the commission division 1677
may commence administrative proceedi ngs as prescribed in this 1678
chapter and consistent with chapter 120. For purposes of this 1679
subsection, the commission department shall in good faith 1680
attempt to obtain a sufficient quantity of the test fluid to 1681
allow both a primary test and a secondary test to be made. 1682
(d) For the testing of a racehorse, if there is an 1683
insufficient quantity of the secondary (split) sample for 1684
confirmation of the commission division laboratory's positive 1685
result, the commission division may not take further action on 1686
the matter against the owner or trainer, and any resulting 1687
license suspension must be immediately lifted. 1688
(e) The commission division shall require its laboratory 1689
and the independent laboratories to annually participate in an 1690
externally administered quality assurance program designed to 1691
assess testing proficiency in the detection and appropriate 1692
quantification of medications, drugs, and naturally occurring 1693
substances that may be administered to racing animals. The 1694
administrator of the quality assurance program shall report its 1695
results and findings to the commission division and the 1696
Department of Agriculture and Consumer Services. 1697
(6) 1698
(b) Any act committed by any licensee that would 1699
constitute cruelty to animals as defined in s. 828.02 involving 1700
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any animal constitutes a violation of this chapter. Imposition 1701
of any penalty by the commission division for violation of this 1702
chapter or any rule adopted by the commission division pursuant 1703
to this chapter shall not prohibit a criminal prosecution for 1704
cruelty to animals. 1705
(c) The commission division may inspect any area at a 1706
pari-mutuel facility where racing animals are raced, trained, 1707
housed, or maintained, including any areas where food, 1708
medications, or other supplies are kept, to ensure the humane 1709
treatment of racing animals and compliance with this chapter and 1710
the rules of the commission division. 1711
(7)(a) In order to protect the safety and welfare of 1712
racing animals and the integrity of the races in which the 1713
animals participate, the commission division shall adopt rules 1714
establishing the conditions of use and maximum concentrations of 1715
medications, drugs, and naturally occurring substances 1716
identified in the Controlled Therapeutic Medication Schedule, 1717
Version 2.1, revised April 17, 2014, adopted by the Association 1718
of Racing Commissioners International, Inc. Controlled 1719
therapeutic medications include only the specific medications 1720
and concentrations allowed in biological samples which have been 1721
approved by the Association of Racing Commissioners 1722
International, Inc., as controlled therapeutic medications. 1723
(b) The commission division rules must designate the 1724
appropriate biological specimens by whic h the administration of 1725
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medications, drugs, and naturally occurring substances is 1726
monitored and must determine the testing methodologies, 1727
including measurement uncertainties, for screening such 1728
specimens to confirm the presence of medications, drugs, and 1729
naturally occurring substances. 1730
(c) The commission division rules must include a 1731
classification system for drugs and substances and a 1732
corresponding penalty schedule for violations which incorporates 1733
the Uniform Classification Guidelines for Foreign Substa nces, 1734
Version 8.0, revised December 2014, by the Association of Racing 1735
Commissioners International, Inc. The commission division shall 1736
adopt laboratory screening limits approved by the Association of 1737
Racing Commissioners International, Inc., for drugs and 1738
medications that are not included as controlled therapeutic 1739
medications, the presence of which in a sample may result in a 1740
violation of this section. 1741
(d) The commission division rules must include conditions 1742
for the use of furosemide to treat exercise -induced pulmonary 1743
hemorrhage. 1744
(e) The commission division may solicit input from the 1745
Department of Agriculture and Consumer Services in adopting the 1746
rules required under this subsection. Such rules must be adopted 1747
before January 1, 2016. 1748
(9)(a) The commission division may conduct a postmortem 1749
examination of any animal that is injured at a permitted 1750
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racetrack while in training or in competition and that 1751
subsequently expires or is destroyed. The commission division 1752
may conduct a postmortem examination of an y animal that expires 1753
while housed at a permitted racetrack, association compound, or 1754
licensed farm. Trainers and owners shall be requested to comply 1755
with this paragraph as a condition of licensure. 1756
(b) The commission division may take possession of the 1757
animal upon death for postmortem examination. The commission 1758
division may submit blood, urine, other bodily fluid specimens, 1759
or other tissue specimens collected during a postmortem 1760
examination for testing by the commission division laboratory or 1761
its designee. Upon completion of the postmortem examination, the 1762
carcass must be returned to the owner or disposed of at the 1763
owner's option. 1764
(10) The presence of a prohibited substance in an animal, 1765
found by the commission division laboratory in a bodily fluid 1766
specimen collected after the race or during the postmortem 1767
examination of the animal, which breaks down during a race 1768
constitutes a violation of this section. 1769
(11) The cost of postmortem examinations, testing, and 1770
disposal must be borne by the commission division. 1771
(12) The commission division shall adopt rules to 1772
implement this section. 1773
Section 28. Subsection (4) of section 550.2614, Florida 1774
Statutes, is amended to read: 1775
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550.2614 Distribution of certain funds to a horsemen's 1776
association.— 1777
(4) The commission division shall adopt rules to 1778
facilitate the orderly transfer of funds in accordance with this 1779
section. The commission division shall also monitor the 1780
membership rolls of the horsemen's association to ensure that 1781
complete, accurate, and timely li stings are maintained for the 1782
purposes specified in this section. 1783
Section 29. Subsection (3) of section 550.26165, Florida 1784
Statutes, is amended to read: 1785
550.26165 Breeders' awards. — 1786
(3) Breeders' associations shall submit their plans to the 1787
commission division at least 60 days before the beginning of the 1788
payment year. The payment year may be a calendar year or any 12 -1789
month period, but once established, the yearly base may not be 1790
changed except for compelling reasons. Once a plan is approved, 1791
the commission division may not allow the plan to be amended 1792
during the year, except for the most compelling reasons. 1793
Section 30. Paragraphs (b) and (d) of subsection (2), 1794
subsections (3) and (4), paragraphs (a), (f), (g), and (h) of 1795
subsection (5), paragraph (e) of subsection (6), and subsections 1796
(7) and (8) of section 550.2625, Florida Statutes, are amended 1797
to read: 1798
550.2625 Horseracing; minimum purse requirement, Florida 1799
breeders' and owners' awards. — 1800
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(2) Each permitholder conducting a horserace meet is 1801
required to pay from the takeout withheld on pari -mutuel pools a 1802
sum for purses in accordance with the type of race performed. 1803
(b)1. A permitholder conducting a harness horse race meet 1804
under this chapter must pay to the purse pool from the takeou t 1805
withheld a purse requirement that totals an amount not less than 1806
8.25 percent of all contributions to pari -mutuel pools conducted 1807
during the race meet. An amount not less than 7.75 percent of 1808
the total handle shall be paid from this purse pool as purses. 1809
2. An amount not to exceed 0.5 percent of the total handle 1810
on all harness horse races that are subject to the purse 1811
requirement of subparagraph 1., must be available for use to 1812
provide medical, dental, surgical, life, funeral, or disability 1813
insurance benefits for occupational licensees who work at tracks 1814
in this state at which harness horse races are conducted. Such 1815
insurance benefits must be paid from the purse pool specified in 1816
subparagraph 1. An annual plan for payment of insurance benefits 1817
from the purse pool, including qualifications for eligibility, 1818
must be submitted by the Florida Standardbred Breeders and 1819
Owners Association for approval to the commission division. An 1820
annual report of the implemented plan shall be submitted to the 1821
commission division. All records of the Florida Standardbred 1822
Breeders and Owners Association concerning the administration of 1823
the plan must be available for audit at the discretion of the 1824
commission division to determine that the plan has been 1825
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implemented and administered as authorized. If the commission 1826
division finds that the Florida Standardbred Breeders and Owners 1827
Association has not complied with the provisions of this 1828
section, the commission division may order the association to 1829
cease and desist from administering the plan and shall appoint 1830
the commission division as temporary administrator of the plan 1831
until the commission division reestablishes administration of 1832
the plan with the association. 1833
(d) The commission division shall adopt reasonable rules 1834
to ensure the timely and accurate payment of all amounts 1835
withheld by horserace permitholders regarding the distribution 1836
of purses, owners' awards, and other amounts collected for 1837
payment to owners and breeders. Each permitholder that fails to 1838
pay out all moneys collected f or payment to owners and breeders 1839
shall, within 10 days after the end of the meet during which the 1840
permitholder underpaid purses, deposit an amount equal to the 1841
underpayment into a separate interest -bearing account to be 1842
distributed to owners and breeders in accordance with commission 1843
division rules. 1844
(3) Each horseracing permitholder conducting any 1845
thoroughbred race under this chapter, including any intertrack 1846
race taken pursuant to ss. 550.615 -550.6305 or any interstate 1847
simulcast taken pursuant to s. 550 .3551(3) shall pay a sum equal 1848
to 0.955 percent on all pari -mutuel pools conducted during any 1849
such race for the payment of breeders', stallion, or special 1850
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racing awards as authorized in this chapter. This subsection 1851
also applies to all Breeder's Cup races conducted outside this 1852
state taken pursuant to s. 550.3551(3). On any race originating 1853
live in this state which is broadcast out -of-state to any 1854
location at which wagers are accepted pursuant to s. 1855
550.3551(2), the host track is required to pay 3.475 perce nt of 1856
the gross revenue derived from such out -of-state broadcasts as 1857
breeders', stallion, or special racing awards. The Florida 1858
Thoroughbred Breeders' Association is authorized to receive 1859
these payments from the permitholders and make payments of 1860
awards earned. The Florida Thoroughbred Breeders' Association 1861
has the right to withhold up to 10 percent of the permitholder's 1862
payments under this section as a fee for administering the 1863
payments of awards and for general promotion of the industry. 1864
The permitholder shall remit these payments to the Florida 1865
Thoroughbred Breeders' Association by the 5th day of each 1866
calendar month for such sums accruing during the preceding 1867
calendar month and shall report such payments to the commission 1868
division as prescribed by the commission division. With the 1869
exception of the 10-percent fee, the moneys paid by the 1870
permitholders shall be maintained in a separate, interest -1871
bearing account, and such payments together with any interest 1872
earned shall be used exclusively for the payment of b reeders', 1873
stallion, or special racing awards in accordance with the 1874
following provisions: 1875
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(a) The breeder of each Florida -bred thoroughbred horse 1876
winning a thoroughbred horse race is entitled to an award of up 1877
to, but not exceeding, 20 percent of the ann ounced gross purse, 1878
including nomination fees, eligibility fees, starting fees, 1879
supplementary fees, and moneys added by the sponsor of the race. 1880
(b) The owner or owners of the sire of a Florida -bred 1881
thoroughbred horse that wins a stakes race is entitled to a 1882
stallion award of up to, but not exceeding, 20 percent of the 1883
announced gross purse, including nomination fees, eligibility 1884
fees, starting fees, supplementary fees, and moneys added by the 1885
sponsor of the race. 1886
(c) The owners of thoroughbred horses p articipating in 1887
thoroughbred stakes races, nonstakes races, or both may receive 1888
a special racing award in accordance with the agreement 1889
established pursuant to s. 550.26165(1). 1890
(d) In order for a breeder of a Florida -bred thoroughbred 1891
horse to be eligible to receive a breeder's award, the horse 1892
must have been registered as a Florida -bred horse with the 1893
Florida Thoroughbred Breeders' Association, and the Jockey Club 1894
certificate for the horse must show that it has been duly 1895
registered as a Florida -bred horse as evidenced by the seal and 1896
proper serial number of the Florida Thoroughbred Breeders' 1897
Association registry. The Florida Thoroughbred Breeders' 1898
Association shall be permitted to charge the registrant a 1899
reasonable fee for this verification and registrati on. 1900
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(e) In order for an owner of the sire of a thoroughbred 1901
horse winning a stakes race to be eligible to receive a stallion 1902
award, the stallion must have been registered with the Florida 1903
Thoroughbred Breeders' Association, and the breeding of the 1904
registered Florida-bred horse must have occurred in this state. 1905
The stallion must be standing permanently in this state during 1906
the period of time between February 1 and June 15 of each year 1907
or, if the stallion is dead, must have stood permanently in this 1908
state for a period of not less than 1 year immediately prior to 1909
its death. The removal of a stallion from this state during the 1910
period of time between February 1 and June 15 of any year for 1911
any reason, other than exclusively for prescribed medical 1912
treatment, as approved by the Florida Thoroughbred Breeders' 1913
Association, renders the owner or owners of the stallion 1914
ineligible to receive a stallion award under any circumstances 1915
for offspring sired prior to removal; however, if a removed 1916
stallion is returned to this s tate, all offspring sired 1917
subsequent to the return make the owner or owners of the 1918
stallion eligible for the stallion award but only for those 1919
offspring sired subsequent to such return to this state. The 1920
Florida Thoroughbred Breeders' Association shall mai ntain 1921
complete records showing the date the stallion arrived in this 1922
state for the first time, whether or not the stallion remained 1923
in the state permanently, the location of the stallion, and 1924
whether the stallion is still standing in this state and 1925
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complete records showing awards earned, received, and 1926
distributed. The association may charge the owner, owners, or 1927
breeder a reasonable fee for this service. 1928
(f) A permitholder conducting a thoroughbred horse race 1929
under the provisions of this chapter shall, wi thin 30 days after 1930
the end of the race meet during which the race is conducted, 1931
certify to the Florida Thoroughbred Breeders' Association such 1932
information relating to the thoroughbred horses winning a stakes 1933
or other horserace at the meet as may be require d to determine 1934
the eligibility for payment of breeders', stallion, and special 1935
racing awards. 1936
(g) The Florida Thoroughbred Breeders' Association shall 1937
maintain complete records showing the starters and winners in 1938
all races conducted at thoroughbred track s in this state; shall 1939
maintain complete records showing awards earned, received, and 1940
distributed; and may charge the owner, owners, or breeder a 1941
reasonable fee for this service. 1942
(h) The Florida Thoroughbred Breeders' Association shall 1943
annually establish a uniform rate and procedure for the payment 1944
of breeders' and stallion awards and shall make breeders' and 1945
stallion award payments in strict compliance with the 1946
established uniform rate and procedure plan. The plan may set a 1947
cap on winnings and may limit, exclude, or defer payments to 1948
certain classes of races, such as the Florida stallion stakes 1949
races, in order to assure that there are adequate revenues to 1950
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meet the proposed uniform rate. Such plan must include proposals 1951
for the general promotion of the ind ustry. Priority shall be 1952
placed upon imposing such restrictions in lieu of allowing the 1953
uniform rate to be less than 15 percent of the total purse 1954
payment. The uniform rate and procedure plan must be approved by 1955
the commission division before implementatio n. In the absence of 1956
an approved plan and procedure, the authorized rate for 1957
breeders' and stallion awards is 15 percent of the announced 1958
gross purse for each race. Such purse must include nomination 1959
fees, eligibility fees, starting fees, supplementary fee s, and 1960
moneys added by the sponsor of the race. If the funds in the 1961
account for payment of breeders' and stallion awards are not 1962
sufficient to meet all earned breeders' and stallion awards, 1963
those breeders and stallion owners not receiving payments have 1964
first call on any subsequent receipts in that or any subsequent 1965
year. 1966
(i) The Florida Thoroughbred Breeders' Association shall 1967
keep accurate records showing receipts and disbursements of such 1968
payments and shall annually file a full and complete report to 1969
the commission division showing such receipts and disbursements 1970
and the sums withheld for administration. The commission 1971
division may audit the records and accounts of the Florida 1972
Thoroughbred Breeders' Association to determine that payments 1973
have been made to eligible breeders and stallion owners in 1974
accordance with this section. 1975
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(j) If the commission division finds that the Florida 1976
Thoroughbred Breeders' Association has not complied with any 1977
provision of this section, the commission division may order the 1978
association to cease and desist from receiving funds and 1979
administering funds received under this section. If the 1980
commission division enters such an order, the permitholder shall 1981
make the payments authorized in this section to the commission 1982
division for deposit into the Pari-mutuel Wagering Trust Fund; 1983
and any funds in the Florida Thoroughbred Breeders' Association 1984
account shall be immediately paid to the commission Division of 1985
Pari-mutuel Wagering for deposit to the Pari -mutuel Wagering 1986
Trust Fund. The commission division shall authorize payment from 1987
these funds to any breeder or stallion owner entitled to an 1988
award that has not been previously paid by the Florida 1989
Thoroughbred Breeders' Association in accordance with the 1990
applicable rate. 1991
(4) Each permitholder conducting a harness horse race 1992
under this chapter shall pay a sum equal to the breaks on all 1993
pari-mutuel pools conducted during that race for the payment of 1994
breeders' awards, stallion awards, and stallion stakes and for 1995
additional expenditures as authorized in this section. The 1996
Florida Standardbred Breeders and Owners Association is 1997
authorized to receive these payments from the permitholders and 1998
make payments as authorized in this subsection. The Florida 1999
Standardbred Breeders and Own ers Association has the right to 2000
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withhold up to 10 percent of the permitholder's payments under 2001
this section and under s. 550.2633 as a fee for administering 2002
these payments. The permitholder shall remit these payments to 2003
the Florida Standardbred Breeders a nd Owners Association by the 2004
5th day of each calendar month for such sums accruing during the 2005
preceding calendar month and shall report such payments to the 2006
commission division as prescribed by the commission division. 2007
With the exception of the 10 -percent fee for administering the 2008
payments and the use of the moneys authorized by paragraph (j), 2009
the moneys paid by the permitholders shall be maintained in a 2010
separate, interest-bearing account; and such payments together 2011
with any interest earned shall be allocat ed for the payment of 2012
breeders' awards, stallion awards, stallion stakes, additional 2013
purses, and prizes for, and the general promotion of owning and 2014
breeding of, Florida -bred standardbred horses. Payment of 2015
breeders' awards and stallion awards shall be mad e in accordance 2016
with the following provisions: 2017
(a) The breeder of each Florida -bred standardbred horse 2018
winning a harness horse race is entitled to an award of up to, 2019
but not exceeding, 20 percent of the announced gross purse, 2020
including nomination fees, e ligibility fees, starting fees, 2021
supplementary fees, and moneys added by the sponsor of the race. 2022
(b) The owner or owners of the sire of a Florida -bred 2023
standardbred horse that wins a stakes race is entitled to a 2024
stallion award of up to, but not exceeding, 20 percent of the 2025
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announced gross purse, including nomination fees, eligibility 2026
fees, starting fees, supplementary fees, and moneys added by the 2027
sponsor of the race. 2028
(c) In order for a breeder of a Florida -bred standardbred 2029
horse to be eligible to recei ve a breeder's award, the horse 2030
winning the race must have been registered as a Florida -bred 2031
horse with the Florida Standardbred Breeders and Owners 2032
Association and a registration certificate under seal for the 2033
winning horse must show that the winner has b een duly registered 2034
as a Florida-bred horse as evidenced by the seal and proper 2035
serial number of the United States Trotting Association 2036
registry. The Florida Standardbred Breeders and Owners 2037
Association shall be permitted to charge the registrant a 2038
reasonable fee for this verification and registration. 2039
(d) In order for an owner of the sire of a standardbred 2040
horse winning a stakes race to be eligible to receive a stallion 2041
award, the stallion must have been registered with the Florida 2042
Standardbred Breeders and Owners Association, and the breeding 2043
of the registered Florida -bred horse must have occurred in this 2044
state. The stallion must be standing permanently in this state 2045
or, if the stallion is dead, must have stood permanently in this 2046
state for a period of n ot less than 1 year immediately prior to 2047
its death. The removal of a stallion from this state for any 2048
reason, other than exclusively for prescribed medical treatment, 2049
renders the owner or the owners of the stallion ineligible to 2050
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receive a stallion award un der any circumstances for offspring 2051
sired prior to removal; however, if a removed stallion is 2052
returned to this state, all offspring sired subsequent to the 2053
return make the owner or owners of the stallion eligible for the 2054
stallion award but only for those o ffspring sired subsequent to 2055
such return to this state. The Florida Standardbred Breeders and 2056
Owners Association shall maintain complete records showing the 2057
date the stallion arrived in this state for the first time, 2058
whether or not the stallion remained in the state permanently, 2059
the location of the stallion, and whether the stallion is still 2060
standing in this state and complete records showing awards 2061
earned, received, and distributed. The association may charge 2062
the owner, owners, or breeder a reasonable fee for this service. 2063
(e) A permitholder conducting a harness horse race under 2064
this chapter shall, within 30 days after the end of the race 2065
meet during which the race is conducted, certify to the Florida 2066
Standardbred Breeders and Owners Association such info rmation 2067
relating to the horse winning a stakes or other horserace at the 2068
meet as may be required to determine the eligibility for payment 2069
of breeders' awards and stallion awards. 2070
(f) The Florida Standardbred Breeders and Owners 2071
Association shall maintain complete records showing the starters 2072
and winners in all races conducted at harness horse racetracks 2073
in this state; shall maintain complete records showing awards 2074
earned, received, and distributed; and may charge the owner, 2075
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owners, or breeder a reasonable fee for this service. 2076
(g) The Florida Standardbred Breeders and Owners 2077
Association shall annually establish a uniform rate and 2078
procedure for the payment of breeders' awards, stallion awards, 2079
stallion stakes, additional purses, and prizes for, and for th e 2080
general promotion of owning and breeding of, Florida -bred 2081
standardbred horses and shall make award payments and 2082
allocations in strict compliance with the established uniform 2083
rate and procedure. The plan may set a cap on winnings, and may 2084
limit, exclude, or defer payments to certain classes of races, 2085
such as the Florida Breeders' stakes races, in order to assure 2086
that there are adequate revenues to meet the proposed uniform 2087
rate. Priority shall be placed on imposing such restrictions in 2088
lieu of allowing the uniform rate allocated to payment of 2089
breeder and stallion awards to be less than 10 percent of the 2090
total purse payment. The uniform rate and procedure must be 2091
approved by the commission division before implementation. In 2092
the absence of an approved plan an d procedure, the authorized 2093
rate for breeders' and stallion awards is 10 percent of the 2094
announced gross purse for each race. Such purse must include 2095
nomination fees, eligibility fees, starting fees, supplementary 2096
fees, and moneys added by the sponsor of th e race. If the funds 2097
in the account for payment of breeders' and stallion awards are 2098
not sufficient to meet all earned breeders' and stallion awards, 2099
those breeders and stallion owners not receiving payments have 2100
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first call on any subsequent receipts in th at or any subsequent 2101
year. 2102
(h) The Florida Standardbred Breeders and Owners 2103
Association shall keep accurate records showing receipts and 2104
disbursements of such payments and shall annually file a full 2105
and complete report to the commission division showing such 2106
receipts and disbursements and the sums withheld for 2107
administration. The commission division may audit the records 2108
and accounts of the Florida Standardbred Breeders and Owners 2109
Association to determine that payments have been made to 2110
eligible breeders, stallion owners, and owners of Florida -bred 2111
standardbred horses in accordance with this section. 2112
(i) If the commission division finds that the Florida 2113
Standardbred Breeders and Owners Association has not complied 2114
with any provision of this section, the commission division may 2115
order the association to cease and desist from receiving funds 2116
and administering funds received under this section and under s. 2117
550.2633. If the commission division enters such an order, the 2118
permitholder shall make the payments auth orized in this section 2119
and s. 550.2633 to the commission division for deposit into the 2120
Pari-mutuel Wagering Trust Fund; and any funds in the Florida 2121
Standardbred Breeders and Owners Association account shall be 2122
immediately paid to the commission division for deposit to the 2123
Pari-mutuel Wagering Trust Fund. The commission division shall 2124
authorize payment from these funds to any breeder, stallion 2125
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owner, or owner of a Florida -bred standardbred horse entitled to 2126
an award that has not been previously paid by the Florida 2127
Standardbred Breeders and Owners Association in accordance with 2128
the applicable rate. 2129
(j) The board of directors of the Florida Standardbred 2130
Breeders and Owners Association may authorize the release of up 2131
to 25 percent of the funds available for b reeders' awards, 2132
stallion awards, stallion stakes, additional purses, and prizes 2133
for, and for the general promotion of owning and breeding of, 2134
Florida-bred standardbred horses to be used for purses for, and 2135
promotion of, Florida -bred standardbred horses at race meetings 2136
at which there is no pari -mutuel wagering unless, and to the 2137
extent that, such release would render the funds available for 2138
such awards insufficient to pay the breeders' and stallion 2139
awards earned pursuant to the annual plan of the associati on. 2140
Any such funds so released and used for purses are not 2141
considered to be an "announced gross purse" as that term is used 2142
in paragraphs (a) and (b), and no breeders' or stallion awards, 2143
stallion stakes, or owner awards are required to be paid for 2144
standardbred horses winning races in meetings at which there is 2145
no pari-mutuel wagering. The amount of purses to be paid from 2146
funds so released and the meets eligible to receive such funds 2147
for purses must be approved by the board of directors of the 2148
Florida Standardbred Breeders and Owners Association. 2149
(5)(a) Except as provided in subsections (7) and (8), each 2150
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permitholder conducting a quarter horse race meet under this 2151
chapter shall pay a sum equal to the breaks plus a sum equal to 2152
1 percent of all pari -mutuel pools conducted during that race 2153
for supplementing and augmenting purses and prizes and for the 2154
general promotion of owning and breeding of racing quarter 2155
horses in this state as authorized in this section. The Florida 2156
Quarter Horse Breeders and Owners Ass ociation is authorized to 2157
receive these payments from the permitholders and make payments 2158
as authorized in this subsection. The Florida Quarter Horse 2159
Breeders and Owners Association, Inc., referred to in this 2160
chapter as the Florida Quarter Horse Breeders a nd Owners 2161
Association, has the right to withhold up to 10 percent of the 2162
permitholder's payments under this section and under s. 550.2633 2163
as a fee for administering these payments. The permitholder 2164
shall remit these payments to the Florida Quarter Horse Br eeders 2165
and Owners Association by the 5th day of each calendar month for 2166
such sums accruing during the preceding calendar month and shall 2167
report such payments to the commission division as prescribed by 2168
the commission division. With the exception of the 5 -percent fee 2169
for administering the payments, the moneys paid by the 2170
permitholders shall be maintained in a separate, interest -2171
bearing account. 2172
(f) The Florida Quarter Horse Breeders and Owners 2173
Association shall keep accurate records showing receipts and 2174
disbursements of payments made under this section and shall 2175
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annually file a full and complete report to the commission 2176
division showing such receipts and disbursements and the sums 2177
withheld for administration. The commission division may audit 2178
the records and accounts of the Florida Quarter Horse Breeders 2179
and Owners Association to determine that payments have been made 2180
in accordance with this section. 2181
(g) The Florida Quarter Horse Breeders and Owners 2182
Association shall annually establish a plan for supplemen ting 2183
and augmenting purses and prizes and for the general promotion 2184
of owning and breeding Florida -bred racing quarter horses and 2185
shall make award payments and allocations in strict compliance 2186
with the annual plan. The annual plan must be approved by the 2187
commission division before implementation. If the funds in the 2188
account for payment of purses and prizes are not sufficient to 2189
meet all purses and prizes to be awarded, those breeders and 2190
owners not receiving payments have first call on any subsequent 2191
receipts in that or any subsequent year. 2192
(h) If the commission division finds that the Florida 2193
Quarter Horse Breeders and Owners Association has not complied 2194
with any provision of this section, the commission division may 2195
order the association to cease and des ist from receiving funds 2196
and administering funds received under this section and s. 2197
550.2633. If the commission division enters such an order, the 2198
permitholder shall make the payments authorized in this section 2199
and s. 550.2633 to the commission division for deposit into the 2200
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Pari-mutuel Wagering Trust Fund, and any funds in the Florida 2201
Quarter Horse Breeders and Owners Association account shall be 2202
immediately paid to the commission division for deposit to the 2203
Pari-mutuel Wagering Trust Fund. The commission division shall 2204
authorize payment from these funds to any breeder or owner of a 2205
quarter horse entitled to an award that has not been previously 2206
paid by the Florida Quarter Horse Breeders and Owners 2207
Association in accordance with this section. 2208
(6) 2209
(e) This subsection governs owners' awards paid on 2210
thoroughbred horse races only in this state, unless a written 2211
agreement is filed with the commission division establishing the 2212
rate, procedures, and eligibility requirements for owners' 2213
awards, including place of finish, class of race, maximum purse, 2214
and maximum award, and the agreement is entered into by the 2215
permitholder, the Florida Thoroughbred Breeders' Assoc iation, 2216
and the association representing a majority of the racehorse 2217
owners and trainers at the permitholder's location. 2218
(7)(a) Each permitholder that conducts race meets under 2219
this chapter and runs Appaloosa races shall pay to the 2220
commission division a sum equal to the breaks plus a sum equal 2221
to 1 percent of the total contributions to each pari -mutuel pool 2222
conducted on each Appaloosa race. The payments shall be remitted 2223
to the commission division by the 5th day of each calendar month 2224
for sums accruing du ring the preceding calendar month. 2225
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(b) The commission division shall deposit these 2226
collections to the credit of the General Inspection Trust Fund 2227
in a special account to be known as the "Florida Appaloosa 2228
Racing Promotion Account." The Department of Agri culture and 2229
Consumer Services shall administer the funds and adopt suitable 2230
and reasonable rules for the administration thereof. The moneys 2231
in the Florida Appaloosa Racing Promotion Account shall be 2232
allocated solely for supplementing and augmenting purses and 2233
prizes and for the general promotion of owning and breeding of 2234
racing Appaloosas in this state; and the moneys may not be used 2235
to defray any expense of the Department of Agriculture and 2236
Consumer Services in the administration of this chapter. 2237
(8) Each permitholder that conducts race meets under this 2238
chapter and runs Arabian horse races shall pay to the commission 2239
division a sum equal to the breaks plus a sum equal to 1 percent 2240
of the total contributions to each pari -mutuel pool conducted on 2241
each Arabian horse race. The payments shall be remitted to the 2242
commission division by the 5th day of each calendar month for 2243
sums accruing during the preceding calendar month. 2244
Section 31. Subsections (1), (3), (5), and (6), paragraph 2245
(a) of subsection (8), and s ubsections (9), (10), and (11) of 2246
section 550.26352, Florida Statutes, are amended to read: 2247
550.26352 Breeders' Cup Meet; pools authorized; conflicts; 2248
taxes; credits; transmission of races; rules; application. — 2249
(1) Notwithstanding any provision of this chapter to the 2250
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contrary, there is hereby created a special thoroughbred race 2251
meet which shall be designated as the "Breeders' Cup Meet." The 2252
Breeders' Cup Meet shall be conducted at the facility of the 2253
Florida permitholder selected by Breeders' Cup Limite d to 2254
conduct the Breeders' Cup Meet. The Breeders' Cup Meet shall 2255
consist of 3 days: the day on which the Breeders' Cup races are 2256
conducted, the preceding day, and the subsequent day. Upon the 2257
selection of the Florida permitholder as host for the Breeders' 2258
Cup Meet and application by the selected permitholder, the 2259
commission division shall issue a license to the selected 2260
permitholder to operate the Breeders' Cup Meet. Notwithstanding 2261
s. 550.09515(2)(a), the Breeders' Cup Meet may be conducted on 2262
dates which the selected permitholder is not otherwise 2263
authorized to conduct a race meet. 2264
(3) If the permitholder conducting the Breeders' Cup Meet 2265
is located within 35 miles of one or more permitholders 2266
scheduled to conduct a thoroughbred race meet on any of the 3 2267
days of the Breeders' Cup Meet, then operation on any of those 3 2268
days by the other permitholders is prohibited. As compensation 2269
for the loss of racing days caused thereby, such operating 2270
permitholders shall receive a credit against the taxes otherwise 2271
due and payable to the state under ss. 550.0951 and 550.09515. 2272
This credit shall be in an amount equal to the operating loss 2273
determined to have been suffered by the operating permitholders 2274
as a result of not operating on the prohibited racing days, but 2275
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shall not exceed a total of $950,000. The determination of the 2276
amount to be credited shall be made by the commission division 2277
upon application by the operating permitholder. The tax credits 2278
provided in this subsection shall not be available unless an 2279
operating permitholder is required to close a bona fide meet 2280
consisting in part of no fewer than 10 scheduled performances in 2281
the 15 days immediately preceding or 10 scheduled performances 2282
in the 15 days immediately following the Breeders' Cup Meet. 2283
Such tax credit shall be in lieu of any other compensation or 2284
consideration for the loss of racing days. There shall be no 2285
replacement or makeup of any lost racing days. 2286
(5) The permitholder conducting the Breeders' Cup Meet 2287
shall receive a credit against the taxes other wise due and 2288
payable to the state under ss. 550.0951 and 550.09515 generated 2289
during said permitholder's next ensuing regular thoroughbred 2290
race meet. This credit shall be in an amount not to exceed 2291
$950,000 and shall be utilized by the permitholder to pay t he 2292
purses offered by the permitholder during the Breeders' Cup Meet 2293
in excess of the purses which the permitholder is otherwise 2294
required by law to pay. The amount to be credited shall be 2295
determined by the commission division upon application of the 2296
permitholder which is subject to audit by the commission 2297
division. 2298
(6) The permitholder conducting the Breeders' Cup Meet 2299
shall receive a credit against the taxes otherwise due and 2300
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payable to the state under ss. 550.0951 and 550.09515 generated 2301
during said permitholder's next ensuing regular thoroughbred 2302
race meet. This credit shall be in an amount not to exceed 2303
$950,000 and shall be utilized by the permitholder for such 2304
capital improvements and extraordinary expenses as may be 2305
necessary for operation of the Bre eders' Cup Meet. The amount to 2306
be credited shall be determined by the commission division upon 2307
application of the permitholder which is subject to audit by the 2308
commission division. 2309
(8)(a) Pursuant to s. 550.3551(2), the permitholder 2310
conducting the Breede rs' Cup Meet is authorized to transmit 2311
broadcasts of the races conducted during the Breeders' Cup Meet 2312
to locations outside of this state for wagering purposes. The 2313
commission division may approve broadcasts to pari -mutuel 2314
permitholders and other betting s ystems authorized under the 2315
laws of any other state or country. Wagers accepted by any out -2316
of-state pari-mutuel permitholder or betting system on any races 2317
broadcast under this section may be, but are not required to be, 2318
commingled with the pari -mutuel pools of the permitholder 2319
conducting the Breeders' Cup Meet. The calculation of any payoff 2320
on national pari-mutuel pools with commingled wagers may be 2321
performed by the permitholder's totalisator contractor at a 2322
location outside of this state. Pool amounts fro m wagers placed 2323
at pari-mutuel facilities or other betting systems in foreign 2324
countries before being commingled with the pari -mutuel pool of 2325
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the Florida permitholder conducting the Breeders' Cup Meet shall 2326
be calculated by the totalisator contractor and tr ansferred to 2327
the commingled pool in United States currency in cycles 2328
customarily used by the permitholder. Pool amounts from wagers 2329
placed at any foreign pari -mutuel facility or other betting 2330
system shall not be commingled with a Florida pool until a 2331
determination is made by the commission division that the 2332
technology utilized by the totalisator contractor is adequate to 2333
assure commingled pools will result in the calculation of 2334
accurate payoffs to Florida bettors. Any totalisator contractor 2335
at a location outside of this state shall comply with the 2336
provisions of s. 550.495 relating to totalisator licensing. 2337
(9) The exemption from the tax credits provided in 2338
subsections (5) and (6) shall not be granted and shall not be 2339
claimed by the permitholder until an au dit is completed by the 2340
commission division. The commission division is required to 2341
complete the audit within 30 days of receipt of the necessary 2342
documentation from the permitholder to verify the permitholder's 2343
claim for tax credits. If the documentation s ubmitted by the 2344
permitholder is incomplete or is insufficient to document the 2345
permitholder's claim for tax credits, the commission division 2346
may request such additional documentation as is necessary to 2347
complete the audit. Upon receipt of the commission's division's 2348
written request for additional documentation, the 30 -day time 2349
limitation will commence anew. 2350
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(10) The commission division is authorized to adopt such 2351
rules as are necessary to facilitate the conduct of the 2352
Breeders' Cup Meet as authorized in thi s section. Included 2353
within this grant of authority shall be the adoption or waiver 2354
of rules regarding the overall conduct of racing during the 2355
Breeders' Cup Meet so as to ensure the integrity of the races, 2356
licensing for all participants, special stabling a nd training 2357
requirements for foreign horses, commingling of pari -mutuel 2358
pools, and audit requirements for tax credits and other 2359
benefits. 2360
(11) Any dispute between the commission division and any 2361
permitholder regarding the tax credits authorized under 2362
subsection (3), subsection (5), or subsection (6) shall be 2363
determined by a hearing officer of the Division of 2364
Administrative Hearings under the provisions of s. 120.57(1). 2365
Section 32. Subsections (1), (5), (6), and (8) of section 2366
550.2704, Florida Statute s, are amended to read: 2367
550.2704 Jai Alai Tournament of Champions Meet. — 2368
(1) Notwithstanding any provision of this chapter, there 2369
is hereby created a special jai alai meet which shall be 2370
designated as the "Jai Alai Tournament of Champions Meet" and 2371
which shall be hosted by the Florida jai alai permitholders 2372
selected by the National Association of Jai Alai Frontons, Inc., 2373
to conduct such meet. The meet shall consist of three qualifying 2374
performances and a final performance, each of which is to be 2375
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conducted on different days. Upon the selection of the Florida 2376
permitholders for the meet, and upon application by the selected 2377
permitholders, the commission Division of Pari-mutuel Wagering 2378
shall issue a license to each of the selected permitholders to 2379
operate the meet. The meet may be conducted during a season in 2380
which the permitholders selected to conduct the meet are not 2381
otherwise authorized to conduct a meet. Notwithstanding anything 2382
herein to the contrary, any Florida permitholder who is to 2383
conduct a performance which is a part of the Jai Alai Tournament 2384
of Champions Meet shall not be required to apply for the license 2385
for said meet if it is to be run during the regular season for 2386
which such permitholder has a license. 2387
(5) In addition to the credit authorized in subsection 2388
(4), the Jai Alai Tournament of Champions Meet permitholders 2389
shall receive a credit against the taxes, otherwise due and 2390
payable under s. 550.0951 or s. 550.09511, generated during said 2391
permitholders' current regular meet, in an amount not t o exceed 2392
the aggregate amount of $150,000, which shall be prorated 2393
equally between the permitholders, and shall be utilized by the 2394
permitholders for such capital improvements and extraordinary 2395
expenses, including marketing expenses, as may be necessary for 2396
the operation of the meet. The determination of the amount to be 2397
credited shall be made by the commission division upon 2398
application of said permitholders. 2399
(6) The permitholder shall be entitled to said 2400
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permitholder's pro rata share of the $150,000 tax credit 2401
provided in subsection (5) without having to make application, 2402
so long as appropriate documentation to substantiate said 2403
expenditures thereunder is pro vided to the commission division 2404
within 30 days following said Jai Alai Tournament of Champions 2405
Meet. 2406
(8) The commission division is authorized to adopt such 2407
rules as are necessary to facilitate the conduct of the Jai Alai 2408
Tournament of Champions Meet as authorized in this section. 2409
Included within this grant of authority shall be the adoption of 2410
rules regarding the overall conduct of the tournament so as to 2411
ensure the integrity of the event, licensing for participants, 2412
commingling of pari-mutuel pools, and audit requirements for tax 2413
credits and exemptions. 2414
Section 33. Subsections (3) and (5) of section 550.334, 2415
Florida Statutes, are amended to read: 2416
550.334 Quarter horse racing; substitutions. — 2417
(3) Quarter horses participating in such races must be 2418
duly registered by the American Quarter Horse Association, and 2419
before each race such horses must be examined and declared in 2420
fit condition by a qualified person designated by the commission 2421
division. 2422
(5) Any quarter horse racing permitholder operating under 2423
a valid permit issued by the commission division is authorized 2424
to substitute races of other breeds of horses which are, 2425
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respectively, registered with the American Paint Horse 2426
Association, Appaloos a Horse Club, Arabian Horse Registry of 2427
America, Palomino Horse Breeders of America, United States 2428
Trotting Association, Florida Cracker Horse Association, or 2429
Jockey Club for no more than 50 percent of the quarter horse 2430
races during its meet. 2431
Section 34. Subsection (2) of section 550.3345, Florida 2432
Statutes, is amended to read: 2433
550.3345 Conversion of quarter horse permit to a limited 2434
thoroughbred permit. — 2435
(2) Notwithstanding any other provision of law, the holder 2436
of a quarter horse racing permit issu ed under s. 550.334 may, 2437
within 1 year after the effective date of this section, apply to 2438
the commission division for a transfer of the quarter horse 2439
racing permit to a not -for-profit corporation formed under state 2440
law to serve the purposes of the state as provided in subsection 2441
(1). The board of directors of the not -for-profit corporation 2442
must be comprised of 11 members, 4 of whom shall be designated 2443
by the applicant, 4 of whom shall be designated by the Florida 2444
Thoroughbred Breeders' Association, and 3 of whom shall be 2445
designated by the other 8 directors, with at least 1 of these 3 2446
members being an authorized representative of another 2447
thoroughbred permitholder in this state. The not -for-profit 2448
corporation shall submit an application to the commission 2449
division for review and approval of the transfer in accordance 2450
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with s. 550.054. Upon approval of the transfer by the commission 2451
division, and notwithstanding any other provision of law to the 2452
contrary, the not-for-profit corporation may, within 1 year 2453
after its receipt of the permit, request that the commission 2454
division convert the quarter horse racing permit to a permit 2455
authorizing the holder to conduct pari -mutuel wagering meets of 2456
thoroughbred racing. Neither the transfer of the quarter horse 2457
racing permit nor its conversion to a limited thoroughbred 2458
permit shall be subject to the mileage limitation or the 2459
ratification election as set forth under s. 550.054(2) or s. 2460
550.0651. Upon receipt of the request for such conversion, the 2461
commission division shall timely issue a converted permit. The 2462
converted permit and the not -for-profit corporation shall be 2463
subject to the following requirements: 2464
(a) All net revenues derived by the not -for-profit 2465
corporation under the thoroughbred horse racing permit and any 2466
license issued to the not-for-profit corporation under chapter 2467
849, after the funding of operating expenses and capital 2468
improvements, shall be dedicated to the enhancement of 2469
thoroughbred purses and breeders', stallion, and special racing 2470
awards under this chapter; the general promotion of the 2471
thoroughbred horse breeding industry; and the care in this state 2472
of thoroughbred horses retired from racing. 2473
(b) From December 1 through April 30, no live thoroughbred 2474
racing may be conducted under the permit on any day duri ng which 2475
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another thoroughbred permitholder is conducting live 2476
thoroughbred racing within 125 air miles of the not -for-profit 2477
corporation's pari-mutuel facility unless the other thoroughbred 2478
permitholder gives its written consent. 2479
(c) After the conversion of the quarter horse racing 2480
permit and the issuance of its initial license to conduct pari -2481
mutuel wagering meets of thoroughbred racing, the not -for-profit 2482
corporation shall annually apply to the commission division for 2483
a license pursuant to s. 550.5251. 2484
(d) Racing under the permit may take place only at the 2485
location for which the original quarter horse racing permit was 2486
issued, which may be leased by the not -for-profit corporation 2487
for that purpose; however, the not -for-profit corporation may, 2488
without the conduct of any ratification election pursuant to s. 2489
550.054(13) or s. 550.0651, move the location of the permit to 2490
another location in the same county provided that such 2491
relocation is approved under the zoning and land use regulations 2492
of the applicable county or municipality. 2493
(e) A permit converted under this section and a license 2494
issued to the not-for-profit corporation under chapter 849 are 2495
not eligible for transfer to another person or entity. 2496
Section 35. Section 550.3355, Florida Statutes, is am ended 2497
to read: 2498
550.3355 Harness track licenses for summer quarter horse 2499
racing.—Any harness track licensed to operate under the 2500
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provisions of s. 550.375 may make application for, and shall be 2501
issued by the commission division, a license to operate not mo re 2502
than 50 quarter horse racing days during the summer season, 2503
which shall extend from July 1 until October 1 of each year. 2504
However, this license to operate quarter horse racing for 50 2505
days is in addition to the racing days and dates provided in s. 2506
550.375 for harness racing during the winter seasons; and, it 2507
does not affect the right of such licensee to operate harness 2508
racing at the track as provided in s. 550.375 during the winter 2509
season. All provisions of this chapter governing quarter horse 2510
racing not in conflict herewith apply to the operation of 2511
quarter horse meetings authorized hereunder, except that all 2512
quarter horse racing permitted hereunder shall be conducted at 2513
night. 2514
Section 36. Paragraph (a) of subsection (6) and 2515
subsections (10) and (13) o f section 550.3551, Florida Statutes, 2516
are amended to read: 2517
550.3551 Transmission of racing and jai alai information; 2518
commingling of pari-mutuel pools.— 2519
(6)(a) A permitholder conducting live races or games may 2520
not conduct fewer than eight live races or games on any 2521
authorized race day except as provided in this subsection. A 2522
thoroughbred permitholder may not conduct fewer than eight live 2523
races on any race day without the written approval of the 2524
Florida Thoroughbred Breeders' Association and the Florida 2525
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Horsemen's Benevolent and Protective Association, Inc., unless 2526
it is determined by the commission department that another 2527
entity represents a majority of the thoroughbred racehorse 2528
owners and trainers in the state. If conducting live racing, a 2529
harness permitholder may conduct fewer than eight live races on 2530
any authorized race day. Any harness horse permitholder may 2531
receive full-card broadcasts of harness horse races conducted at 2532
harness racetracks outside this state at the harness track of 2533
the permitholder and accept wagers on such harness races. 2534
(10) The commission division may adopt rules necessary to 2535
facilitate commingling of pari -mutuel pools, to ensure the 2536
proper calculation of payoffs in circumstances in which 2537
different commission percentages are appl icable and to regulate 2538
the distribution of net proceeds between the horse track and, in 2539
this state, the horsemen's associations. 2540
(13) This section does not prohibit the commingling of 2541
national pari-mutuel pools by a totalisator company that is 2542
licensed under this chapter. Such commingling of national pools 2543
is subject to commission division review and approval and must 2544
be performed in accordance with rules adopted by the commission 2545
division to ensure accurate calculation and distribution of the 2546
pools. 2547
Section 37. Subsections (3), (4), and (5) of section 2548
550.3615, Florida Statutes, are amended to read: 2549
550.3615 Bookmaking on the grounds of a permitholder; 2550
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penalties; reinstatement; duties of track employees; penalty; 2551
exceptions.— 2552
(3) Any person who ha s been convicted of bookmaking in 2553
this state or any other state of the United States or any 2554
foreign country shall be denied admittance to and shall not 2555
attend any pari-mutuel facility in this state during its racing 2556
seasons or operating dates, including an y practice or 2557
preparational days, for a period of 2 years after the date of 2558
conviction or the date of final appeal. Following the conclusion 2559
of the period of ineligibility, the director of the commission 2560
division may authorize the reinstatement of an indiv idual 2561
following a hearing on readmittance. Any such person who 2562
knowingly violates this subsection commits a misdemeanor of the 2563
first degree, punishable as provided in s. 775.082 or s. 2564
775.083. 2565
(4) If the activities of a person show that this law is 2566
being violated, and such activities are either witnessed by or 2567
are common knowledge of any pari -mutuel facility employee, it is 2568
the duty of that employee to bring the matter to the immediate 2569
attention of the permitholder, manager, or her or his designee, 2570
who shall notify a law enforcement agency having jurisdiction. 2571
Willful failure by the pari -mutuel facility employee to comply 2572
with the provisions of this subsection is a ground for the 2573
commission division to suspend or revoke that employee's license 2574
for pari-mutuel facility employment. 2575
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(5) Each permittee shall display, in conspicuous places at 2576
a pari-mutuel facility and in all race and jai alai daily 2577
programs, a warning to all patrons concerning the prohibition 2578
and penalties of bookmaking contained in this sect ion and s. 2579
849.25. The commission division shall adopt rules concerning the 2580
uniform size of all warnings and the number of placements 2581
throughout a pari-mutuel facility. Failure on the part of the 2582
permittee to display such warnings may result in the imposit ion 2583
of a $500 fine by the commission division for each offense. 2584
Section 38. Subsections (2) and (3) of section 550.375, 2585
Florida Statutes, are amended to read: 2586
550.375 Operation of certain harness tracks. — 2587
(2) Any permittee or licensee authorized under this 2588
section to transfer the location of its permit may conduct 2589
harness racing only between the hours of 7 p.m. and 2 a.m. A 2590
permit so transferred applies only to the locations provided in 2591
this section. The provisions of this chapter which prohibit the 2592
location and operation of a licensed harness track permittee and 2593
licensee within 100 air miles of the location of a racetrack 2594
authorized to conduct racing under this chapter and which 2595
prohibit the commission division from granting any permit to a 2596
harness track at a location in the area in which there are three 2597
horse tracks located within 100 air miles thereof do not apply 2598
to a licensed harness track that is required by the terms of 2599
this section to race between th e hours of 7 p.m. and 2 a.m. 2600
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(3) A permit may not be issued by the commission division 2601
for the operation of a harness track within 75 air miles of a 2602
location of a harness track licensed and operating under this 2603
chapter. 2604
Section 39. Subsection (1), pa ragraphs (a), (b), (c), (d), 2605
(e), and (g) of subsection (2), and subsections (3), (4), and 2606
(5) of section 550.495, Florida Statutes, are amended to read: 2607
550.495 Totalisator licensing. — 2608
(1) A totalisator may not be operated at a pari -mutuel 2609
facility in this state, or at a facility located in or out of 2610
this state which is used as the primary totalisator for a race 2611
or game conducted in this state, unless the totalisator company 2612
possesses a business license issued by the commission division. 2613
(2)(a) Each totalisator company must apply to the 2614
commission division for an annual business license. The 2615
application must include such information as the commission 2616
division by rule requires. 2617
(b) As a part of its license application, each totalisator 2618
company must agree in writing to pay to the commission division 2619
an amount equal to the loss of any state revenues from missed or 2620
canceled races, games, or performances due to acts of the 2621
totalisator company or its agents or employees or failures of 2622
the totalisator system, except for circumstances beyond the 2623
control of the totalisator company or agent or employee, as 2624
determined by the commission division. 2625
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(c) Each totalisator company must file with the commission 2626
division a performance bond, acceptable to t he commission 2627
division, in the sum of $250,000 issued by a surety approved by 2628
the commission division or must file proof of insurance, 2629
acceptable to the commission division, against financial loss in 2630
the amount of $250,000, insuring the state against such a 2631
revenue loss. 2632
(d) In the event of a loss of state tax revenues, the 2633
commission division shall determine: 2634
1. The estimated revenue lost as a result of missed or 2635
canceled races, games, or performances; 2636
2. The number of races, games, or performances w hich is 2637
practicable for the permitholder to conduct in an attempt to 2638
mitigate the revenue loss; and 2639
3. The amount of the revenue loss which the makeup races, 2640
games, or performances will not recover and for which the 2641
totalisator company is liable. 2642
(e) Upon the making of such determinations, the commission 2643
division shall issue to the totalisator company and to the 2644
affected permitholder an order setting forth the determinations 2645
of the commission division. 2646
(g) Upon the failure of the totalisator company t o make 2647
the payment found to be due the state, the commission division 2648
may cause the forfeiture of the bond or may proceed against the 2649
insurance contract, and the proceeds of the bond or contract 2650
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shall be deposited into the Pari -mutuel Wagering Trust Fund. If 2651
that bond was not posted or insurance obtained, the commission 2652
division may proceed against any assets of the totalisator 2653
company to collect the amounts due under this subsection. 2654
(3) If the applicant meets the requirements of this 2655
section and commission division rules and pays the license fee, 2656
the commission division shall issue the license. 2657
(4) Each totalisator company shall conduct operations in 2658
accordance with rules adopted by the commission division, in 2659
such form, content, and frequency as the commission division by 2660
rule determines. 2661
(5) The commission division and its representatives may 2662
enter and inspect any area of the premises of a licensed 2663
totalisator company, and may examine totalisator records, during 2664
the licensee's regular business or op erating hours. 2665
Section 40. Paragraphs (a) and (b) of subsection (1) and 2666
subsections (2), (3), (4), (5), and (6) of section 550.505, 2667
Florida Statutes, are amended to read: 2668
550.505 Nonwagering permits. — 2669
(1)(a) Except as provided in this section, perm its and 2670
licenses issued by the commission division are intended to be 2671
used for pari-mutuel wagering operations in conjunction with 2672
horseraces, dograces, or jai alai performances. 2673
(b) Subject to the requirements of this section, the 2674
commission division is authorized to issue permits for the 2675
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conduct of horseracing meets without pari -mutuel wagering or any 2676
other form of wagering being conducted in conjunction therewith. 2677
Such permits shall be known as nonwagering permits and may be 2678
issued only for horserac ing meets. A horseracing permitholder 2679
need not obtain an additional permit from the commission 2680
division for conducting nonwagering racing under this section, 2681
but must apply to the commission division for the issuance of a 2682
license under this section. The ho lder of a nonwagering permit 2683
is prohibited from conducting pari -mutuel wagering or any other 2684
form of wagering in conjunction with racing conducted under the 2685
permit. Nothing in this subsection prohibits horseracing for any 2686
stake, purse, prize, or premium. 2687
(2)(a) Any person not prohibited from holding any type of 2688
pari-mutuel permit under s. 550.1815 shall be allowed to apply 2689
to the commission division for a nonwagering permit. The 2690
applicant must demonstrate that the location or locations where 2691
the nonwagering permit will be used are available for such use 2692
and that the applicant has the financial ability to satisfy the 2693
reasonably anticipated operational expenses of the first racing 2694
year following final issuance of the nonwagering permit. If the 2695
racing facility is already built, the application must contain a 2696
statement, with reasonable supporting evidence, that the 2697
nonwagering permit will be used for horseracing within 1 year 2698
after the date on which it is granted. If the facility is not 2699
already built, the appli cation must contain a statement, with 2700
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reasonable supporting evidence, that substantial construction 2701
will be started within 1 year after the issuance of the 2702
nonwagering permit. 2703
(b) The commission division may conduct an eligibility 2704
investigation to determ ine if the applicant meets the 2705
requirements of paragraph (a). 2706
(3)(a) Upon receipt of a nonwagering permit, the 2707
permitholder must apply to the commission division before June 1 2708
of each year for an annual nonwagering license for the next 2709
succeeding calendar year. Such application must set forth the 2710
days and locations at which the permitholder will conduct 2711
nonwagering horseracing and must indicate any changes in 2712
ownership or management of the permitholder occurring since the 2713
date of application for the prior license. 2714
(b) On or before August 1 of each year, the commission 2715
division shall issue a license authorizing the nonwagering 2716
permitholder to conduct nonwagering horseracing during the 2717
succeeding calendar year during the period and for the number of 2718
days set forth in the application, subject to all other 2719
provisions of this section. 2720
(c) The commission division may conduct an eligibility 2721
investigation to determine the qualifications of any new 2722
ownership or management interest in the permit. 2723
(4) Upon the approval of racing dates by the commission 2724
division, the commission division shall issue an annual 2725
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nonwagering license to the nonwagering permitholder. 2726
(5) Only horses registered with an established breed 2727
registration organization, which organization shal l be approved 2728
by the commission division, shall be raced at any race meeting 2729
authorized by this section. 2730
(6) The commission division may order any person 2731
participating in a nonwagering meet to cease and desist from 2732
participating in such meet if the commission division determines 2733
the person to be not of good moral character in accordance with 2734
s. 550.1815. The commission division may order the operators of 2735
a nonwagering meet to cease and desist from operating the meet 2736
if the commission division determines the meet is being operated 2737
for any illegal purpose. 2738
Section 41. Subsection (1) of section 550.5251, Florida 2739
Statutes, is amended to read: 2740
550.5251 Florida thoroughbred racing; certain permits; 2741
operating days.— 2742
(1) Each thoroughbred permitholder shal l annually, during 2743
the period commencing December 15 of each year and ending 2744
January 4 of the following year, file in writing with the 2745
commission division its application to conduct one or more 2746
thoroughbred racing meetings during the thoroughbred racing 2747
season commencing on the following July 1. Each application 2748
shall specify the number and dates of all performances that the 2749
permitholder intends to conduct during that thoroughbred racing 2750
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season. On or before March 15 of each year, the commission 2751
division shall issue a license authorizing each permitholder to 2752
conduct performances on the dates specified in its application. 2753
Up to February 28 of each year, each permitholder may request 2754
and shall be granted changes in its authorized performances; but 2755
thereafter, as a condition precedent to the validity of its 2756
license and its right to retain its permit, each permitholder 2757
must operate the full number of days authorized on each of the 2758
dates set forth in its license. 2759
Section 42. Subsection (3) of section 550.625, Florida 2760
Statutes, is amended to read: 2761
550.625 Intertrack wagering; purses; breeders' awards. —If 2762
a host track is a horse track: 2763
(3) The payment to a breeders' organization shall be 2764
combined with any other amounts received by the respective 2765
breeders' and owners' associations as so designated. Each 2766
breeders' and owners' association receiving these funds shall be 2767
allowed to withhold the same percentage as set forth in s. 2768
550.2625 to be used for administering the payment of awards and 2769
for the general promotion of their respective industries. If the 2770
total combined amount received for thoroughbred breeders' awards 2771
exceeds 15 percent of t he purse required to be paid under 2772
subsection (1), the breeders' and owners' association, as so 2773
designated, notwithstanding any other provision of law, shall 2774
submit a plan to the commission division for approval which 2775
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would use the excess funds in promotin g the breeding industry by 2776
increasing the purse structure for Florida -breds. Preference 2777
shall be given to the track generating such excess. 2778
Section 43. Subsection (5) and paragraph (g) of subsection 2779
(9) of section 550.6305, Florida Statutes, are amende d to read: 2780
550.6305 Intertrack wagering; guest track payments; 2781
accounting rules.— 2782
(5) The commission division shall adopt rules providing an 2783
expedient accounting procedure for the transfer of the pari -2784
mutuel pool in order to properly account for paymen t of state 2785
taxes, payment to the guest track, payment to the host track, 2786
payment of purses, payment to breeders' associations, payment to 2787
horsemen's associations, and payment to the public. 2788
(9) A host track that has contracted with an out -of-state 2789
horse track to broadcast live races conducted at such out -of-2790
state horse track pursuant to s. 550.3551(5) may broadcast such 2791
out-of-state races to any guest track and accept wagers thereon 2792
in the same manner as is provided in s. 550.3551. 2793
(g)1. Any thoroughbre d permitholder which accepts wagers 2794
on a simulcast signal must make the signal available to any 2795
permitholder that is eligible to conduct intertrack wagering 2796
under the provisions of ss. 550.615 -550.6345. 2797
2. Any thoroughbred permitholder which accepts wage rs on a 2798
simulcast signal received after 6 p.m. must make such signal 2799
available to any permitholder that is eligible to conduct 2800
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intertrack wagering under the provisions of ss. 550.615 -2801
550.6345, including any permitholder located as specified in s. 2802
550.615(6). Such guest permitholders are authorized to accept 2803
wagers on such simulcast signal, notwithstanding any other 2804
provision of this chapter to the contrary. 2805
3. Any thoroughbred permitholder which accepts wagers on a 2806
simulcast signal received after 6 p.m. m ust make such signal 2807
available to any permitholder that is eligible to conduct 2808
intertrack wagering under the provisions of ss. 550.615 -2809
550.6345, including any permitholder located as specified in s. 2810
550.615(9). Such guest permitholders are authorized to ac cept 2811
wagers on such simulcast signals for a number of performances 2812
not to exceed that which constitutes a full schedule of live 2813
races for a quarter horse permitholder pursuant to s. 2814
550.002(10) 550.002(11), notwithstanding any other provision of 2815
this chapter to the contrary, except that the restrictions 2816
provided in s. 550.615(9)(a) apply to wagers on such simulcast 2817
signals. 2818
2819
No thoroughbred permitholder shall be required to continue to 2820
rebroadcast a simulcast signal to any in -state permitholder if 2821
the average per performance gross receipts returned to the host 2822
permitholder over the preceding 30 -day period were less than 2823
$100. Subject to the provisions of s. 550.615(4), as a condition 2824
of receiving rebroadcasts of thoroughbred simulcast signals 2825
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under this paragraph, a guest permitholder must accept 2826
intertrack wagers on all live races conducted by all then -2827
operating thoroughbred permitholders. 2828
Section 44. Subsections (1) and (2) of section 550.6308, 2829
Florida Statutes, are amended to read: 2830
550.6308 Limited intertrack wagering license. —In 2831
recognition of the economic importance of the thoroughbred 2832
breeding industry to this state, its positive impact on tourism, 2833
and of the importance of a permanent thoroughbred sales facility 2834
as a key focal point for the ac tivities of the industry, a 2835
limited license to conduct intertrack wagering is established to 2836
ensure the continued viability and public interest in 2837
thoroughbred breeding in Florida. 2838
(1) Upon application to the commission division on or 2839
before January 31 of each year, any person that is licensed to 2840
conduct public sales of thoroughbred horses pursuant to s. 2841
535.01 and that has conducted at least 8 days of thoroughbred 2842
horse sales at a permanent sales facility in this state for at 2843
least 3 consecutive years be fore such application shall be 2844
issued a license, subject to the conditions set forth in this 2845
section, to conduct intertrack wagering at such a permanent 2846
sales facility. No more than one such license may be issued, and 2847
no such license may be issued for a fa cility located within 50 2848
miles of any thoroughbred permitholder's track. 2849
(2) If more than one application is submitted for such 2850
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license, the commission division shall determine which applicant 2851
shall be granted the license. In making its determination, th e 2852
commission division shall grant the license to the applicant 2853
demonstrating superior capabilities, as measured by the length 2854
of time the applicant has been conducting thoroughbred sales 2855
within this state or elsewhere, the applicant's total volume of 2856
thoroughbred horse sales, within this state or elsewhere, the 2857
length of time the applicant has maintained a permanent 2858
thoroughbred sales facility in this state, and the quality of 2859
the facility. 2860
Section 45. Subsection (2) of section 550.70, Florida 2861
Statutes, is amended to read: 2862
550.70 Jai alai general provisions; chief court judges 2863
required; extension of time to construct fronton; amateur jai 2864
alai contests permitted under certain conditions; playing days' 2865
limitations; locking of pari -mutuel machines.— 2866
(2) The time within which the holder of a ratified permit 2867
for jai alai or pelota has to construct and complete a fronton 2868
may be extended by the commission division for a period of 24 2869
months after the date of the issuance of the permit, anything to 2870
the contrary in any statute notwithstanding. 2871
Section 46. Subsection (3) of section 550.902, Florida 2872
Statutes, is amended to read: 2873
550.902 Purposes.—The purposes of this compact are to: 2874
(3) Authorize the Florida Gaming Control Commission 2875
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Department of Business and Professional Regulation to 2876
participate in this compact. 2877
Section 47. Subsection (1) of section 551.102, Florida 2878
Statutes, is redesignated as subsection (3), subsection (3) of 2879
that section is redesignated as subsection (1) and amended, and 2880
subsections (11) and (12) are amended to read: 2881
551.102 Definitions. —As used in this chapter, the term: 2882
(1)(3) "Commission Division" means the Florida Gaming 2883
Control Commission Division of Pari-mutuel Wagering of the 2884
Department of Business and Professional Regul ation. 2885
(11) "Slot machine license" means a license issued by the 2886
commission division authorizing a pari-mutuel permitholder to 2887
place and operate slot machines as provided by s. 23, Art. X of 2888
the State Constitution, the provisions of this chapter, and 2889
commission division rules. 2890
(12) "Slot machine licensee" means a pari -mutuel 2891
permitholder who holds a license issued by the commission 2892
division pursuant to this chapter that authorizes such person to 2893
possess a slot machine within facilities specified in s. 2 3, 2894
Art. X of the State Constitution and allows slot machine gaming. 2895
Section 48. Section 551.103, Florida Statutes, is amended 2896
to read: 2897
551.103 Powers and duties of the commission division and 2898
law enforcement.— 2899
(1) The commission division shall adopt, pursuant to the 2900
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provisions of ss. 120.536(1) and 120.54, all rules necessary to 2901
implement, administer, and regulate slot machine gaming as 2902
authorized in this chapter. Such rules must include: 2903
(a) Procedures for applying for a slot machine license and 2904
renewal of a slot machine license. 2905
(b) Technical requirements and the qualifications 2906
contained in this chapter that are necessary to receive a slot 2907
machine license or slot machine occupational license. 2908
(c) Procedures to scientifically test and technically 2909
evaluate slot machines for compliance with this chapter. The 2910
commission division may contract with an independent testing 2911
laboratory to conduct any necessary testing under this section. 2912
An independent testing laboratory shall not be owned or 2913
controlled by a licensee. The use of an independent testing 2914
laboratory for any purpose related to the conduct of slot 2915
machine gaming by a licensee under this chapter shall be made 2916
from a list of one or more laborato ries approved by the 2917
commission division. 2918
(d) Procedures relating to slot machine revenues, 2919
including verifying and accounting for such revenues, auditing, 2920
and collecting taxes and fees consistent with this chapter. 2921
(e) Procedures for regulating, manag ing, and auditing the 2922
operation, financial data, and program information relating to 2923
slot machine gaming that allow the commission division and the 2924
Department of Law Enforcement to audit the operation, financial 2925
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data, and program information of a slot mach ine licensee, as 2926
required by the commission division or the Department of Law 2927
Enforcement, and provide the commission division and the 2928
Department of Law Enforcement with the ability to monitor, at 2929
any time on a real-time basis, wagering patterns, payouts, tax 2930
collection, and compliance with any rules adopted by the 2931
commission division for the regulation and control of slot 2932
machines operated under this chapter. Such continuous and 2933
complete access, at any time on a real -time basis, shall include 2934
the ability of either the commission division or the Department 2935
of Law Enforcement to suspend play immediately on particular 2936
slot machines if monitoring of the facilities -based computer 2937
system indicates possible tampering or manipulation of those 2938
slot machines or the ability to suspend play immediate ly of the 2939
entire operation if the tampering or manipulation is of the 2940
computer system itself. The commission division shall notify the 2941
Department of Law Enforcement or the Department of Law 2942
Enforcement shall notify the commission division, as 2943
appropriate, whenever there is a suspension of play under this 2944
paragraph. The commission division and the Department of Law 2945
Enforcement shall exchange such information necessary for and 2946
cooperate in the investigation of the circumstances requiring 2947
suspension of play un der this paragraph. 2948
(f) Procedures for requiring each licensee at his or her 2949
own cost and expense to supply the commission division with a 2950
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bond having the penal sum of $2 million payable to the Governor 2951
and his or her successors in office for each year o f the 2952
licensee's slot machine operations. Any bond shall be issued by 2953
a surety or sureties approved by the commission division and the 2954
Chief Financial Officer, conditioned to faithfully make the 2955
payments to the Chief Financial Officer in his or her capacit y 2956
as treasurer of the commission division. The licensee shall be 2957
required to keep its books and records and make reports as 2958
provided in this chapter and to conduct its slot machine 2959
operations in conformity with this chapter and all other 2960
provisions of law. Such bond shall be separate and distinct from 2961
the bond required in s. 550.125. 2962
(g) Procedures for requiring licensees to maintain 2963
specified records and submit any data, information, record, or 2964
report, including financial and income records, required by this 2965
chapter or determined by the commission division to be necessary 2966
to the proper implementation and enforcement of this chapter. 2967
(h) A requirement that the payout percentage of a slot 2968
machine be no less than 85 percent. 2969
(i) Minimum standards for sec urity of the facilities, 2970
including floor plans, security cameras, and other security 2971
equipment. 2972
(j) Procedures for requiring slot machine licensees to 2973
implement and establish drug -testing programs for all slot 2974
machine occupational licensees. 2975
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(2) The commission division shall conduct such 2976
investigations necessary to fulfill its responsibilities under 2977
the provisions of this chapter. 2978
(3) The Department of Law Enforcement and local law 2979
enforcement agencies shall have concurrent jurisdiction to 2980
investigate criminal violations of this chapter and may 2981
investigate any other criminal violation of law occurring at the 2982
facilities of a slot machine licensee, and such investigations 2983
may be conducted in conjunction with the appropriate state 2984
attorney. 2985
(4)(a) The commission division, the Department of Law 2986
Enforcement, and local law enforcement agencies shall have 2987
unrestricted access to the slot machine licensee's facility at 2988
all times and shall require of each slot machine licensee strict 2989
compliance with the laws of this state relating to the 2990
transaction of such business. The commission division, the 2991
Department of Law Enforcement, and local law enforcement 2992
agencies may: 2993
1. Inspect and examine premises where slot machines are 2994
offered for play. 2995
2. Inspect slot mach ines and related equipment and 2996
supplies. 2997
(b) In addition, the commission division may: 2998
1. Collect taxes, assessments, fees, and penalties. 2999
2. Deny, revoke, suspend, or place conditions on the 3000
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license of a person who violates any provision of this cha pter 3001
or rule adopted pursuant thereto. 3002
(5) The commission division shall revoke or suspend the 3003
license of any person who is no longer qualified or who is 3004
found, after receiving a license, to have been unqualified at 3005
the time of application for the licens e. 3006
(6) This section does not: 3007
(a) Prohibit the Department of Law Enforcement or any law 3008
enforcement authority whose jurisdiction includes a licensed 3009
facility from conducting investigations of criminal activities 3010
occurring at the facility of the slot ma chine licensee; 3011
(b) Restrict access to the slot machine licensee's 3012
facility by the Department of Law Enforcement or any local law 3013
enforcement authority whose jurisdiction includes the slot 3014
machine licensee's facility; or 3015
(c) Restrict access by the Depa rtment of Law Enforcement 3016
or local law enforcement authorities to information and records 3017
necessary to the investigation of criminal activity that are 3018
contained within the slot machine licensee's facility. 3019
Section 49. Subsections (1) and (2), paragraph s (b), (c), 3020
(d), (e), (f), (g), (h), and (i) of subsection (4), subsections 3021
(6), (7), (8), and (9), and paragraphs (a) and (b) of subsection 3022
(10) of section 551.104, Florida Statutes, are amended to read: 3023
551.104 License to conduct slot machine gaming. — 3024
(1) Upon application and a finding by the commission 3025
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division after investigation that the application is complete 3026
and the applicant is qualified and payment of the initial 3027
license fee, the commission division may issue a license to 3028
conduct slot machine gaming in the designated slot machine 3029
gaming area of the eligible facility. Once licensed, slot 3030
machine gaming may be conducted subject to the requirements of 3031
this chapter and rules adopted pursuant thereto. 3032
(2) An application may be approved by the commission 3033
division only after the voters of the county where the 3034
applicant's facility is located have authorized by referendum 3035
slot machines within pari -mutuel facilities in that county as 3036
specified in s. 23, Art. X of the State Constitution. 3037
(4) As a condition of licensure and to maintain continued 3038
authority for the conduct of slot machine gaming, the slot 3039
machine licensee shall: 3040
(b) Continue to be in compliance with chapter 550, where 3041
applicable, and maintain the pari -mutuel permit and license in 3042
good standing pursuant to the provisions of chapter 550. 3043
Notwithstanding any contrary provision of law and in order to 3044
expedite the operation of slot machines at eligible facilities, 3045
any eligible facility shall be entitled within 60 days after the 3046
effective date of this act to amend its 2006 -2007 pari-mutuel 3047
wagering operating license issued by the commission division 3048
under ss. 550.0115 and 550.01215. The commission division shall 3049
issue a new license to the eligible facility to effectuate any 3050
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approved change. 3051
(c) If a thoroughbred permitholder, conduct no fewer than 3052
a full schedule of live racing or games as defined in s. 3053
550.002(10) 550.002(11). A permitholder's responsibility to 3054
conduct live races or games shall be reduced by the number of 3055
races or games that c ould not be conducted due to the direct 3056
result of fire, strike, war, hurricane, pandemic, or other 3057
disaster or event beyond the control of the permitholder. 3058
(d) Upon approval of any changes relating to the pari -3059
mutuel permit by the commission division, be responsible for 3060
providing appropriate current and accurate documentation on a 3061
timely basis to the commission division in order to continue the 3062
slot machine license in good standing. Changes in ownership or 3063
interest of a slot machine license of 5 perce nt or more of the 3064
stock or other evidence of ownership or equity in the slot 3065
machine license or any parent corporation or other business 3066
entity that in any way owns or controls the slot machine license 3067
shall be approved by the commission division prior to such 3068
change, unless the owner is an existing holder of that license 3069
who was previously approved by the commission division. Changes 3070
in ownership or interest of a slot machine license of less than 3071
5 percent, unless such change results in a cumulative total of 5 3072
percent or more, shall be reported to the commission division 3073
within 20 days after the change. The commission division may 3074
then conduct an investigation to ensure that the license is 3075
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properly updated to show the change in ownership or interest. No 3076
reporting is required if the person is holding 5 percent or less 3077
equity or securities of a corporate owner of the slot machin e 3078
licensee that has its securities registered pursuant to s. 12 of 3079
the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a -78kk, and 3080
if such corporation or entity files with the United States 3081
Securities and Exchange Commission the reports required by s. 13 3082
of that act or if the securities of the corporation or entity 3083
are regularly traded on an established securities market in the 3084
United States. A change in ownership or interest of less than 5 3085
percent which results in a cumulative ownership or interest of 5 3086
percent or more shall be approved by the commission division 3087
prior to such change unless the owner is an existing holder of 3088
the license who was previously approved by the commission 3089
division. 3090
(e) Allow the commission division and the Department of 3091
Law Enforcement unrestricted access to and right of inspection 3092
of facilities of a slot machine licensee in which any activity 3093
relative to the conduct of slot machine gaming is conducted. 3094
(f) Ensure that the facilities -based computer system that 3095
the licensee will use for operational and accounting functions 3096
of the slot machine facility is specifically structured to 3097
facilitate regulatory oversight. The facilities -based computer 3098
system shall be designed to provide the commission division and 3099
the Department of Law E nforcement with the ability to monitor, 3100
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at any time on a real -time basis, the wagering patterns, 3101
payouts, tax collection, and such other operations as necessary 3102
to determine whether the facility is in compliance with 3103
statutory provisions and rules adopted by the commission 3104
division for the regulation and control of slot machine gaming. 3105
The commission division and the Department of Law Enforcement 3106
shall have complete and continuous access to this system. Such 3107
access shall include the ability of either the commission 3108
division or the Department of Law Enforcement to suspend play 3109
immediately on particular slot machines if monitoring of the 3110
system indicates possible tampering or manipulation of those 3111
slot machines or the ability to suspend play immediately of the 3112
entire operation if the tampering or manipulation is of the 3113
computer system itself. The computer system shall be reviewed 3114
and approved by the commission division to ensure necessary 3115
access, security, and functionality. The commission division may 3116
adopt rules to provide for the approval process. 3117
(g) Ensure that each slot machine is protected from 3118
manipulation or tampering to affect the random probabilities of 3119
winning plays. The commission division or the Department of Law 3120
Enforcement shall have the author ity to suspend play upon 3121
reasonable suspicion of any manipulation or tampering. When play 3122
has been suspended on any slot machine, the commission division 3123
or the Department of Law Enforcement may examine any slot 3124
machine to determine whether the machine has been tampered with 3125
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or manipulated and whether the machine should be returned to 3126
operation. 3127
(h) Submit a security plan, including the facilities' 3128
floor plan, the locations of security cameras, and a listing of 3129
all security equipment that is capable of ob serving and 3130
electronically recording activities being conducted in the 3131
facilities of the slot machine licensee. The security plan must 3132
meet the minimum security requirements as determined by the 3133
commission division under s. 551.103(1)(i) and be implemented 3134
prior to operation of slot machine gaming. The slot machine 3135
licensee's facilities must adhere to the security plan at all 3136
times. Any changes to the security plan must be submitted by the 3137
licensee to the commission division prior to implementation. The 3138
commission division shall furnish copies of the security plan 3139
and changes in the plan to the Department of Law Enforcement. 3140
(i) Create and file with the commission division a written 3141
policy for: 3142
1. Creating opportunities to purchase from vendors in this 3143
state, including minority vendors. 3144
2. Creating opportunities for employment of residents of 3145
this state, including minority residents. 3146
3. Ensuring opportunities for construction services from 3147
minority contractors. 3148
4. Ensuring that opportunities for emp loyment are offered 3149
on an equal, nondiscriminatory basis. 3150
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5. Training for employees on responsible gaming and 3151
working with a compulsive or addictive gambling prevention 3152
program to further its purposes as provided for in s. 551.118. 3153
6. The implementatio n of a drug-testing program that 3154
includes, but is not limited to, requiring each employee to sign 3155
an agreement that he or she understands that the slot machine 3156
facility is a drug-free workplace. 3157
3158
The slot machine licensee shall use the Internet -based job-3159
listing system of the Department of Economic Opportunity in 3160
advertising employment opportunities. Beginning in June 2007, 3161
Each slot machine licensee shall provide an annual report to the 3162
Florida Gaming Control Commission division containing 3163
information indicating compliance with this paragraph in regard 3164
to minority persons. 3165
(6) A slot machine licensee shall keep and maintain 3166
permanent daily records of its slot machine operation and shall 3167
maintain such records for a period of not less than 5 years. 3168
These records must include all financial transactions and 3169
contain sufficient detail to determine compliance with the 3170
requirements of this chapter. All records shall be available for 3171
audit and inspection by the commission division, the Department 3172
of Law Enforcement, or other law enforcement agencies during the 3173
licensee's regular business hours. 3174
(7) A slot machine licensee shall file with the commission 3175
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division a monthly report containing the required records of 3176
such slot machine operation. The required reports sh all be 3177
submitted on forms prescribed by the commission division and 3178
shall be due at the same time as the monthly pari -mutuel reports 3179
are due to the commission division, and the reports shall be 3180
deemed public records once filed. 3181
(8) A slot machine license e shall file with the commission 3182
division an audit of the receipt and distribution of all slot 3183
machine revenues provided by an independent certified public 3184
accountant verifying compliance with all financial and auditing 3185
provisions of this chapter and the associated rules adopted 3186
under this chapter. The audit must include verification of 3187
compliance with all statutes and rules regarding all required 3188
records of slot machine operations. Such audit shall be filed 3189
within 60 days after the completion of the permitholder's pari -3190
mutuel meet. 3191
(9) The commission division may share any information with 3192
the Department of Law Enforcement, any other law enforcement 3193
agency having jurisdiction over slot machine gaming or pari -3194
mutuel activities, or any other state or federal law enforcement 3195
agency the commission division or the Department of Law 3196
Enforcement deems appropriate. Any law enforcement agency having 3197
jurisdiction over slot machine gaming or pari -mutuel activities 3198
may share any information obtained or developed by it with the 3199
commission division. 3200
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(10)(a)1. No slot machine license or renewal thereof shall 3201
be issued to an applicant holding a permit under chapter 550 to 3202
conduct pari-mutuel wagering meets of thoroughbred racing unless 3203
the applicant has on file with the commission division a binding 3204
written agreement between the applicant and the Florida 3205
Horsemen's Benevolent and Protective Association, Inc., 3206
governing the payment of purses on live thoroughbred races 3207
conducted at the licensee's pari -mutuel facility. In addition, 3208
no slot machine license or renewa l thereof shall be issued to 3209
such an applicant unless the applicant has on file with the 3210
commission division a binding written agreement between the 3211
applicant and the Florida Thoroughbred Breeders' Association, 3212
Inc., governing the payment of breeders', sta llion, and special 3213
racing awards on live thoroughbred races conducted at the 3214
licensee's pari-mutuel facility. The agreement governing purses 3215
and the agreement governing awards may direct the payment of 3216
such purses and awards from revenues generated by any wagering 3217
or gaming the applicant is authorized to conduct under Florida 3218
law. All purses and awards shall be subject to the terms of 3219
chapter 550. All sums for breeders', stallion, and special 3220
racing awards shall be remitted monthly to the Florida 3221
Thoroughbred Breeders' Association, Inc., for the payment of 3222
awards subject to the administrative fee authorized in s. 3223
550.2625(3). 3224
2. No slot machine license or renewal thereof shall be 3225
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issued to an applicant holding a permit under chapter 550 to 3226
conduct pari-mutuel wagering meets of quarter horse racing 3227
unless the applicant has on file with the commission division a 3228
binding written agreement between the applicant and the Florida 3229
Quarter Horse Racing Association or the association representing 3230
a majority of the ho rse owners and trainers at the applicant's 3231
eligible facility, governing the payment of purses on live 3232
quarter horse races conducted at the licensee's pari -mutuel 3233
facility. The agreement governing purses may direct the payment 3234
of such purses from revenues g enerated by any wagering or gaming 3235
the applicant is authorized to conduct under Florida law. All 3236
purses shall be subject to the terms of chapter 550. 3237
(b) The commission division shall suspend a slot machine 3238
license if one or more of the agreements requir ed under 3239
paragraph (a) are terminated or otherwise cease to operate or if 3240
the commission division determines that the licensee is 3241
materially failing to comply with the terms of such an 3242
agreement. Any such suspension shall take place in accordance 3243
with chapter 120. 3244
Section 50. Subsection (1) of section 551.1045, Florida 3245
Statutes, is amended to read: 3246
551.1045 Temporary licenses. — 3247
(1) Notwithstanding any provision of s. 120.60 to the 3248
contrary, the commission division may issue a temporary 3249
occupational license upon the receipt of a complete application 3250
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from the applicant and a determination that the applicant has 3251
not been convicted of or had adjudication withheld on any 3252
disqualifying criminal offense. The temporary occupational 3253
license remains valid unti l such time as the commission division 3254
grants an occupational license or notifies the applicant of its 3255
intended decision to deny the applicant a license pursuant to 3256
the provisions of s. 120.60. The commission division shall adopt 3257
rules to administer this s ubsection. However, not more than one 3258
temporary license may be issued for any person in any year. 3259
Section 51. Subsection (3) of section 551.105, Florida 3260
Statutes, is amended to read: 3261
551.105 Slot machine license renewal. — 3262
(3) Upon determination by the commission division that the 3263
application for renewal is complete and qualifications have been 3264
met, including payment of the renewal fee, the slot machine 3265
license shall be renewed annually. 3266
Section 52. Paragraph (a) of subsection (1), paragraph (b) 3267
of subsection (2), and subsections (3), (4), and (5) of section 3268
551.106, Florida Statutes, are amended to read: 3269
551.106 License fee; tax rate; penalties. — 3270
(1) LICENSE FEE.— 3271
(a) Upon submission of the initial application for a slot 3272
machine license and annually thereafter, on the anniversary date 3273
of the issuance of the initial license, the licensee must pay to 3274
the commission division a nonrefundable license fee of $3 3275
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million for the succeeding 12 months of licensure. In the 2010-3276
2011 fiscal year, the licensee must pay the division a 3277
nonrefundable license fee of $2.5 million for the succeeding 12 3278
months of licensure. In the 2011 -2012 fiscal year and for every 3279
fiscal year thereafter, The licensee must pay the commission 3280
division a nonrefundable license fee of $2 million for the 3281
succeeding 12 months of licensure. The license fee shall be 3282
deposited into the Pari -mutuel Wagering Trust Fund of the 3283
Department of Business and Profession al Regulation to be used by 3284
the commission division and the Department of Law Enforcement 3285
for investigations, regulation of slot machine gaming, and 3286
enforcement of slot machine gaming provisions under this 3287
chapter. These payments shall be accounted for sep arately from 3288
taxes or fees paid pursuant to the provisions of chapter 550. 3289
(2) TAX ON SLOT MACHINE REVENUES. — 3290
(b) The slot machine revenue tax imposed by this section 3291
shall be paid to the commission division for deposit into the 3292
Pari-mutuel Wagering Trust Fund for immediate transfer by the 3293
Chief Financial Officer for deposit into the Educational 3294
Enhancement Trust Fund of the Department of Education. Any 3295
interest earnings on the tax revenues shall also be transferred 3296
to the Educational Enhancement Trust Fund. 3297
(3) PAYMENT AND DISPOSITION OF TAXES. —Payment for the tax 3298
on slot machine revenues imposed by this section shall be paid 3299
to the commission division. The commission division shall 3300
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deposit these sums with the Chief Financial Officer, to the 3301
credit of the Pari-mutuel Wagering Trust Fund. The slot machine 3302
licensee shall remit to the commission division payment for the 3303
tax on slot machine revenues. Such payments shall be remitted by 3304
3 p.m. Wednesday of each week for taxes imposed and collected 3305
for the preceding week ending on Sunday. Beginning on July 1, 3306
2012, the slot machine licensee shall remit to the commission 3307
division payment for the tax on slot machine revenues by 3 p.m. 3308
on the 5th day of each calendar month for taxes imposed and 3309
collected for the preceding calendar month. If the 5th day of 3310
the calendar month falls on a weekend, payments shall be 3311
remitted by 3 p.m. the first Monday following the weekend. The 3312
slot machine licensee shall file a report under oath by the 5th 3313
day of each calendar month for all taxes remitted during the 3314
preceding calendar month. Such payments shall be accompanied by 3315
a report under oath showing all slot machine gaming activities 3316
for the preceding calendar month and such other information as 3317
may be prescribed by the commission division. 3318
(4) TO PAY TAX; PENALTIES. —A slot machine licensee who 3319
fails to make tax payments as re quired under this section is 3320
subject to an administrative penalty of up to $10,000 for each 3321
day the tax payment is not remitted. All administrative 3322
penalties imposed and collected shall be deposited into the 3323
Pari-mutuel Wagering Trust Fund of the Department of Business 3324
and Professional Regulation . If any slot machine licensee fails 3325
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to pay penalties imposed by order of the commission division 3326
under this subsection, the commission division may suspend, 3327
revoke, or refuse to renew the license of the slot machin e 3328
licensee. 3329
(5) SUBMISSION OF FUNDS. —The commission division may 3330
require slot machine licensees to remit taxes, fees, fines, and 3331
assessments by electronic funds transfer. 3332
Section 53. Paragraph (b) of subsection (2), paragraphs 3333
(a), (c), and (d) of su bsection (4), subsection (5), paragraphs 3334
(a) and (b) of subsection (6), and subsections (7), (9), (10), 3335
and (11) of section 551.107, Florida Statutes, are amended to 3336
read: 3337
551.107 Slot machine occupational license; findings; 3338
application; fee.— 3339
(2) 3340
(b) The commission division may issue one license to 3341
combine licenses under this section with pari -mutuel 3342
occupational licenses and cardroom licenses pursuant to s. 3343
550.105(2)(b). The commission division shall adopt rules 3344
pertaining to occupational licenses u nder this subsection. Such 3345
rules may specify, but need not be limited to, requirements and 3346
restrictions for licensed occupations and categories, procedures 3347
to apply for any license or combination of licenses, 3348
disqualifying criminal offenses for a licensed occupation or 3349
categories of occupations, and which types of occupational 3350
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licenses may be combined into a single license under this 3351
section. The fingerprinting requirements of subsection (7) apply 3352
to any combination license that includes slot machine licens e 3353
privileges under this section. The commission division may not 3354
adopt a rule allowing the issuance of an occupational license to 3355
any person who does not meet the minimum background 3356
qualifications under this section. 3357
(4)(a) A person seeking a slot machin e occupational 3358
license or renewal thereof shall make application on forms 3359
prescribed by the commission division and include payment of the 3360
appropriate application fee. Initial and renewal applications 3361
for slot machine occupational licenses must contain all 3362
information that the commission division, by rule, determines is 3363
required to ensure eligibility. 3364
(c) Pursuant to rules adopted by the commission division, 3365
any person may apply for and, if qualified, be issued a slot 3366
machine occupational license valid fo r a period of 3 years upon 3367
payment of the full occupational license fee for each of the 3 3368
years for which the license is issued. The slot machine 3369
occupational license is valid during its specified term at any 3370
licensed facility where slot machine gaming is authorized to be 3371
conducted. 3372
(d) The slot machine occupational license fee for initial 3373
application and annual renewal shall be determined by rule of 3374
the commission division but may not exceed $50 for a general or 3375
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professional occupational license for an e mployee of the slot 3376
machine licensee or $1,000 for a business occupational license 3377
for nonemployees of the licensee providing goods or services to 3378
the slot machine licensee. License fees for general occupational 3379
licensees shall be paid by the slot machine licensee. Failure to 3380
pay the required fee constitutes grounds for disciplinary action 3381
by the commission division against the slot machine licensee, 3382
but it is not a violation of this chapter or rules of the 3383
commission division by the general occupational li censee and 3384
does not prohibit the initial issuance or the renewal of the 3385
general occupational license. 3386
(5) The commission division may: 3387
(a) Deny an application for, or revoke, suspend, or place 3388
conditions or restrictions on, a license of a person or ent ity 3389
that has been refused a license by any other state gaming 3390
commission, governmental department, agency, or other authority 3391
exercising regulatory jurisdiction over the gaming of another 3392
state or jurisdiction; or 3393
(b) Deny an application for, or suspend or place 3394
conditions on, a license of any person or entity that is under 3395
suspension or has unpaid fines in another state or jurisdiction. 3396
(6)(a) The commission division may deny, suspend, revoke, 3397
or refuse to renew any slot machine occupational license if the 3398
applicant for such license or the licensee has violated the 3399
provisions of this chapter or the rules of the commission 3400
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division governing the conduct of persons connected with slot 3401
machine gaming. In addition, the commission division may deny, 3402
suspend, revoke, or refuse to renew any slot machine 3403
occupational license if the applicant for such license or the 3404
licensee has been convicted in this state, in any other state, 3405
or under the laws of the United States of a capital felony, a 3406
felony, or an offense in any other state that would be a felony 3407
under the laws of this state involving arson; trafficking in, 3408
conspiracy to traffic in, smuggling, importing, conspiracy to 3409
smuggle or import, or delivery, sale, or distribution of a 3410
controlled substance; racketeerin g; or a crime involving a lack 3411
of good moral character, or has had a gaming license revoked by 3412
this state or any other jurisdiction for any gaming -related 3413
offense. 3414
(b) The commission division may deny, revoke, or refuse to 3415
renew any slot machine occupati onal license if the applicant for 3416
such license or the licensee has been convicted of a felony or 3417
misdemeanor in this state, in any other state, or under the laws 3418
of the United States if such felony or misdemeanor is related to 3419
gambling or bookmaking as des cribed in s. 849.25. 3420
(7) Fingerprints for all slot machine occupational license 3421
applications shall be taken in a manner approved by the 3422
commission division and shall be submitted electronically to the 3423
Department of Law Enforcement for state processing an d the 3424
Federal Bureau of Investigation for national processing for a 3425
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criminal history record check. All persons as specified in s. 3426
550.1815(1)(a) employed by or working within a licensed premises 3427
shall submit fingerprints for a criminal history record check 3428
and may not have been convicted of any disqualifying criminal 3429
offenses specified in subsection (6). Commission Division 3430
employees and law enforcement officers assigned by their 3431
employing agencies to work within the premises as part of their 3432
official duties are excluded from the criminal history record 3433
check requirements under this subsection. For purposes of this 3434
subsection, the term "convicted" means having been found guilty, 3435
with or without adjudication of guilt, as a result of a jury 3436
verdict, nonjury trial, or entry of a plea of guilty or nolo 3437
contendere. 3438
(a) Fingerprints shall be taken in a manner approved by 3439
the commission division upon initial application, or as required 3440
thereafter by rule of the commission division, and shall be 3441
submitted electronically to the Department of Law Enforcement 3442
for state processing. The Department of Law Enforcement shall 3443
forward the fingerprints to the Federal Bureau of Investigation 3444
for national processing. The results of the criminal history 3445
record check shall be returned to the commission division for 3446
purposes of screening. Licensees shall provide necessary 3447
equipment approved by the Department of Law Enforcement to 3448
facilitate such electronic submission. The commission division 3449
requirements under this subsection shall be instituted in 3450
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consultation with the Department of Law Enforcement. 3451
(b) The cost of processing fingerprints and conducting a 3452
criminal history record check for a general occupational license 3453
shall be borne by the slot m achine licensee. The cost of 3454
processing fingerprints and conducting a criminal history record 3455
check for a business or professional occupational license shall 3456
be borne by the person being checked. The Department of Law 3457
Enforcement may invoice the commission division for the 3458
fingerprints submitted each month. 3459
(c) All fingerprints submitted to the Department of Law 3460
Enforcement and required by this section shall be retained by 3461
the Department of Law Enforcement and entered into the statewide 3462
automated biometric identification system as authorized by s. 3463
943.05(2)(b) and shall be available for all purposes and uses 3464
authorized for arrest fingerprints entered into the statewide 3465
automated biometric identification system pursuant to s. 3466
943.051. 3467
(d) The Department o f Law Enforcement shall search all 3468
arrest fingerprints received pursuant to s. 943.051 against the 3469
fingerprints retained in the statewide automated biometric 3470
identification system under paragraph (c). Any arrest record 3471
that is identified with the retained fingerprints of a person 3472
subject to the criminal history screening requirements of this 3473
section shall be reported to the commission division. Each 3474
licensed facility shall pay a fee to the commission division for 3475
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the cost of retention of the fingerprints an d the ongoing 3476
searches under this paragraph. The commission division shall 3477
forward the payment to the Department of Law Enforcement. The 3478
amount of the fee to be imposed for performing these searches 3479
and the procedures for the retention of licensee fingerpr ints 3480
shall be as established by rule of the Department of Law 3481
Enforcement. The commission division shall inform the Department 3482
of Law Enforcement of any change in the license status of 3483
licensees whose fingerprints are retained under paragraph (c). 3484
(e) The commission division shall request the Department 3485
of Law Enforcement to forward the fingerprints to the Federal 3486
Bureau of Investigation for a national criminal history records 3487
check every 3 years following issuance of a license. If the 3488
fingerprints of a person who is licensed have not been retained 3489
by the Department of Law Enforcement, the person must file a 3490
complete set of fingerprints as provided for in paragraph (a). 3491
The commission division shall collect the fees for the cost of 3492
the national criminal hi story record check under this paragraph 3493
and shall forward the payment to the Department of Law 3494
Enforcement. The cost of processing fingerprints and conducting 3495
a criminal history record check under this paragraph for a 3496
general occupational license shall be borne by the slot machine 3497
licensee. The cost of processing fingerprints and conducting a 3498
criminal history record check under this paragraph for a 3499
business or professional occupational license shall be borne by 3500
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the person being checked. The Department of La w Enforcement may 3501
invoice the commission division for the fingerprints submitted 3502
each month. Under penalty of perjury, each person who is 3503
licensed or who is fingerprinted as required by this section 3504
must agree to inform the commission division within 48 hours if 3505
he or she is convicted of or has entered a plea of guilty or 3506
nolo contendere to any disqualifying offense, regardless of 3507
adjudication. 3508
(9) The commission division may deny, revoke, or suspend 3509
any occupational license if the applicant or holder of the 3510
license accumulates unpaid obligations, defaults in obligations, 3511
or issues drafts or checks that are dishonored or for which 3512
payment is refused without reasonable cause. 3513
(10) The commission division may fine or suspend, revoke, 3514
or place conditions up on the license of any licensee who 3515
provides false information under oath regarding an application 3516
for a license or an investigation by the commission division. 3517
(11) The commission division may impose a civil fine of up 3518
to $5,000 for each violation of thi s chapter or the rules of the 3519
commission division in addition to or in lieu of any other 3520
penalty provided for in this section. The commission division 3521
may adopt a penalty schedule for violations of this chapter or 3522
any rule adopted pursuant to this chapter for which it would 3523
impose a fine in lieu of a suspension and adopt rules allowing 3524
for the issuance of citations, including procedures to address 3525
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such citations, to persons who violate such rules. In addition 3526
to any other penalty provided by law, the commission division 3527
may exclude from all licensed slot machine facilities in this 3528
state, for a period not to exceed the period of suspension, 3529
revocation, or ineligibility, any person whose occupational 3530
license application has been declared ineligible to hold an 3531
occupational license or whose occupational license has been 3532
suspended or revoked by the commission division. 3533
Section 54. Subsections (1) and (4) of section 551.108, 3534
Florida Statutes, are amended to read: 3535
551.108 Prohibited relationships. — 3536
(1) A person employed by or performing any function on 3537
behalf of the commission division may not: 3538
(a) Be an officer, director, owner, or employee of any 3539
person or entity licensed by the commission division. 3540
(b) Have or hold any interest, direct or indirect, in or 3541
engage in any commerce or business relationship with any person 3542
licensed by the commission division. 3543
(4) An employee of the commission division or relative 3544
living in the same household as such emp loyee of the commission 3545
division may not wager at any time on a slot machine located at 3546
a facility licensed by the commission division. 3547
Section 55. Subsections (2) and (7) of section 551.109, 3548
Florida Statutes, are amended to read: 3549
551.109 Prohibited acts; penalties.— 3550
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(2) Except as otherwise provided by law and in addition to 3551
any other penalty, any person who possesses a slot machine 3552
without the license required by this chapter or who possesses a 3553
slot machine at any location other than at the slot ma chine 3554
licensee's facility is subject to an administrative fine or 3555
civil penalty of up to $10,000 per machine. The prohibition in 3556
this subsection does not apply to: 3557
(a) Slot machine manufacturers or slot machine 3558
distributors that hold appropriate licenses issued by the 3559
commission division who are authorized to maintain a slot 3560
machine storage and maintenance facility at any location in a 3561
county in which slot machine gaming is authorized by this 3562
chapter. The commission division may adopt rules regarding 3563
security and access to the storage facility and inspections by 3564
the commission division. 3565
(b) Certified educational facilities that are authorized 3566
to maintain slot machines for the sole purpose of education and 3567
licensure, if any, of slot machine technicians, i nspectors, or 3568
investigators. The commission division and the Department of Law 3569
Enforcement may possess slot machines for training and testing 3570
purposes. The commission division may adopt rules regarding the 3571
regulation of any such slot machines used for educ ational, 3572
training, or testing purposes. 3573
(7) All penalties imposed and collected under this section 3574
must be deposited into the Pari -mutuel Wagering Trust Fund of 3575
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the Department of Business and Professional Regulation . 3576
Section 56. Section 551.112, Flor ida Statutes, is amended 3577
to read: 3578
551.112 Exclusions of certain persons. —In addition to the 3579
power to exclude certain persons from any facility of a slot 3580
machine licensee in this state, the commission division may 3581
exclude any person from any facility of a slot machine licensee 3582
in this state for conduct that would constitute, if the person 3583
were a licensee, a violation of this chapter or the rules of the 3584
commission division. The commission division may exclude from 3585
any facility of a slot machine licensee any person who has been 3586
ejected from a facility of a slot machine licensee in this state 3587
or who has been excluded from any facility of a slot machine 3588
licensee or gaming facility in another state by the governmental 3589
department, agency, commission, or authority exercising 3590
regulatory jurisdiction over the gaming in such other state. 3591
This section does not abrogate the common law right of a slot 3592
machine licensee to exclude a patron absolutely in this state. 3593
Section 57. Subsections (3) and (5) of section 551.114 , 3594
Florida Statutes, are amended to read: 3595
551.114 Slot machine gaming areas. — 3596
(3) The commission division shall require the posting of 3597
signs warning of the risks and dangers of gambling, showing the 3598
odds of winning, and informing patrons of the toll -free 3599
telephone number available to provide information and referral 3600
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services regarding compulsive or problem gambling. 3601
(5) The permitholder shall provide adequate office space 3602
at no cost to the commission division and the Department of Law 3603
Enforcement for the oversight of slot machine operations. The 3604
commission division shall adopt rules establishing the criteria 3605
for adequate space, configuration, and location and needed 3606
electronic and technological requirements for office space 3607
required by this subsection. 3608
Section 58. Section 551.117, Florida Statutes, is amended 3609
to read: 3610
551.117 Penalties.—The commission division may revoke or 3611
suspend any slot machine license issued under this chapter upon 3612
the willful violation by the slot machine licensee of any 3613
provision of this chapter or of any rule adopted under this 3614
chapter. In lieu of suspending or revoking a slot machine 3615
license, the commission division may impose a civil penalty 3616
against the slot machine licensee for a violation of this 3617
chapter or any rule adop ted by the commission division. Except 3618
as otherwise provided in this chapter, the penalty so imposed 3619
may not exceed $100,000 for each count or separate offense. All 3620
penalties imposed and collected must be deposited into the Pari -3621
mutuel Wagering Trust Fund of the Department of Business and 3622
Professional Regulation . 3623
Section 59. Subsections (2) and (3) of section 551.118, 3624
Florida Statutes, are amended to read: 3625
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551.118 Compulsive or addictive gambling prevention 3626
program.— 3627
(2) The commission division shall, subject to competitive 3628
bidding, contract for provision of services related to the 3629
prevention of compulsive and addictive gambling. The contract 3630
shall provide for an advertising program to encourage 3631
responsible gaming practices and to publicize a ga mbling 3632
telephone help line. Such advertisements must be made both 3633
publicly and inside the designated slot machine gaming areas of 3634
the licensee's facilities. The terms of any contract for the 3635
provision of such services shall include accountability 3636
standards that must be met by any private provider. The failure 3637
of any private provider to meet any material terms of the 3638
contract, including the accountability standards, shall 3639
constitute a breach of contract or grounds for nonrenewal. The 3640
commission division may consult with the Department of the 3641
Lottery in the development of the program and the development 3642
and analysis of any procurement for contractual services for the 3643
compulsive or addictive gambling prevention program. 3644
(3) The compulsive or addictive gamblin g prevention 3645
program shall be funded from an annual nonrefundable regulatory 3646
fee of $250,000 paid by the licensee to the commission division. 3647
Section 60. Paragraph (c) of subsection (4) of section 3648
551.121, Florida Statutes, is amended to read: 3649
551.121 Prohibited activities and devices; exceptions. — 3650
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(4) 3651
(c) Outside the designated slot machine gaming areas, a 3652
slot machine licensee or operator may accept or cash a check for 3653
an employee of the facility who is prohibited from wagering on a 3654
slot machine under s. 551.108(5), a check made directly payable 3655
to a person licensed by the commission division, or a check made 3656
directly payable to the slot machine licensee or operator from: 3657
1. A pari-mutuel patron; or 3658
2. A pari-mutuel facility in this state or i n another 3659
state. 3660
Section 61. Section 551.122, Florida Statutes, is amended 3661
to read: 3662
551.122 Rulemaking. —The commission division may adopt 3663
rules pursuant to ss. 120.536(1) and 120.54 to administer the 3664
provisions of this chapter. 3665
Section 62. Section 551.123, Florida Statutes, is amended 3666
to read: 3667
551.123 Legislative authority; administration of chapter. —3668
The Legislature finds and declares that it has exclusive 3669
authority over the conduct of all wagering occurring at a slot 3670
machine facility in t his state. As provided by law, only the 3671
Florida Gaming Control Commission Division of Pari-mutuel 3672
Wagering and other authorized state agencies shall administer 3673
this chapter and regulate the slot machine gaming industry, 3674
including operation of slot machine facilities, games, slot 3675
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machines, and facilities -based computer systems authorized in 3676
this chapter and the rules adopted by the commission division. 3677
Section 63. Subsection (5) of section 565.02, Florida 3678
Statutes, is amended to read: 3679
565.02 License fees; vendors; clubs; caterers; and 3680
others.— 3681
(5) A caterer at a pari -mutuel facility licensed under 3682
chapter 550 may obtain a license upon the payment of an annual 3683
state license tax of $675. Such caterer's license shall permit 3684
sales only within the enclosur e in which pari-mutuel wagering is 3685
conducted under the authority of the Florida Gaming Control 3686
Commission Division of Pari-mutuel Wagering of the Department of 3687
Business and Professional Regulation . Except as otherwise 3688
provided in this subsection, caterers licensed hereunder shall 3689
be treated as vendors licensed to sell by the drink the 3690
beverages mentioned herein and shall be subject to all the 3691
provisions hereof relating to such vendors. 3692
Section 64. Subsections (3) and (4) of section 817.37, 3693
Florida Statutes, are amended to read: 3694
817.37 Touting; defining; providing punishment; ejection 3695
from racetracks.— 3696
(3) Any person who in the commission of touting falsely 3697
uses the name of any official of the Florida Gaming Control 3698
Commission Division of Pari-mutuel Wagering, its inspectors or 3699
attaches, or of any official of any racetrack association, or 3700
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the names of any owner, trainer, jockey, or other person 3701
licensed by the Florida Gaming Control Commission Division of 3702
Pari-mutuel Wagering, as the source of any info rmation or 3703
purported information shall be guilty of a felony of the third 3704
degree, punishable as provided in s. 775.082, s. 775.083, or s. 3705
775.084. 3706
(4) Any person who has been convicted of touting by any 3707
court, and the record of whose conviction on such c harge is on 3708
file in the office of the Florida Gaming Control Commission 3709
Division of Pari-mutuel Wagering, any court of this state, or of 3710
the Federal Bureau of Investigation, or any person who has been 3711
ejected from any racetrack of this or any other state f or 3712
touting or practices inimical to the public interest shall be 3713
excluded from all racetracks in this state and if such person 3714
returns to a racetrack he or she shall be guilty of a 3715
misdemeanor of the second degree, punishable as provided in s. 3716
775.082 or s. 775.083. Any such person who refuses to leave such 3717
track when ordered to do so by inspectors of the Florida Gaming 3718
Control Commission Division of Pari-mutuel Wagering or by any 3719
peace officer, or by an accredited attache of a racetrack or 3720
association shall be guilty of a separate offense which shall be 3721
a misdemeanor of the second degree, punishable as provided in s. 3722
775.083. 3723
Section 65. Paragraphs (f) and (g) of subsection (2), 3724
subsection (4), paragraphs (a), (d), and (e) of subsection (5), 3725
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paragraphs (a), (b), (d), (e), (f), (g), and (h) of subsection 3726
(6), paragraphs (a), (f), and (h) of subsection (7), subsection 3727
(11), paragraphs (b), (c), (d), (e), and (h) of subsection (13), 3728
subsection (14), paragraph (b) of subsection (15), paragraph (a) 3729
of subsection (16), and paragraph (a) of subsection (17) of 3730
section 849.086, Florida Statutes, are amended to read: 3731
849.086 Cardrooms authorized. — 3732
(2) DEFINITIONS.—As used in this section: 3733
(f) "Cardroom operator" means a licensed pari -mutuel 3734
permitholder which holds a valid permit and license issued by 3735
the Florida Gaming Control Commission division pursuant to 3736
chapter 550 and which also holds a valid cardroom license issued 3737
by the commission division pursuant to this section which 3738
authorizes such person to oper ate a cardroom and to conduct 3739
authorized games in such cardroom. 3740
(g) "Commission Division" means the Florida Gaming Control 3741
Commission Division of Pari-mutuel Wagering of the Department of 3742
Business and Professional Regulation . 3743
(4) AUTHORITY OF COMMISSION DIVISION.—The commission 3744
Division of Pari-mutuel Wagering of the Department of Business 3745
and Professional Regulation shall administer this section and 3746
regulate the operation of cardrooms under this section and the 3747
rules adopted pursuant thereto, and is h ereby authorized to: 3748
(a) Adopt rules, including, but not limited to: the 3749
issuance of cardroom and employee licenses for cardroom 3750
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operations; the operation of a cardroom; recordkeeping and 3751
reporting requirements; and the collection of all fees and taxes 3752
imposed by this section. 3753
(b) Conduct investigations and monitor the operation of 3754
cardrooms and the playing of authorized games therein. 3755
(c) Review the books, accounts, and records of any current 3756
or former cardroom operator. 3757
(d) Suspend or revoke any l icense or permit, after 3758
hearing, for any violation of the provisions of this section or 3759
the administrative rules adopted pursuant thereto. 3760
(e) Take testimony, issue summons and subpoenas for any 3761
witness, and issue subpoenas duces tecum in connection with any 3762
matter within its jurisdiction. 3763
(f) Monitor and ensure the proper collection of taxes and 3764
fees imposed by this section. Permitholder internal controls are 3765
mandated to ensure no compromise of state funds. To that end, a 3766
roaming commission division auditor will monitor and verify the 3767
cash flow and accounting of cardroom revenue for any given 3768
operating day. 3769
(5) LICENSE REQUIRED; APPLICATION; FEES. —No person may 3770
operate a cardroom in this state unless such person holds a 3771
valid cardroom license issue d pursuant to this section. 3772
(a) Only those persons holding a valid cardroom license 3773
issued by the commission division may operate a cardroom. A 3774
cardroom license may only be issued to a licensed pari -mutuel 3775
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permitholder, and an authorized cardroom may onl y be operated at 3776
the same facility at which the permitholder is authorized under 3777
its valid pari-mutuel wagering permit to conduct pari -mutuel 3778
wagering activities. An initial cardroom license shall be issued 3779
to a pari-mutuel permitholder only after its faci lities are in 3780
place and after it conducts its first day of pari -mutuel 3781
activities on racing or games. 3782
(d) Persons seeking a license or a renewal thereof to 3783
operate a cardroom shall make application on forms prescribed by 3784
the commission division. Applications for cardroom licenses 3785
shall contain all of the information the commission division, by 3786
rule, may determine is required to ensure eligibility. 3787
(e) The annual cardroom license fee for each facility 3788
shall be $1,000 for each table to be operated at the cardroom. 3789
The license fee shall be deposited by the commission division 3790
with the Chief Financial Officer to the credit of the Pari -3791
mutuel Wagering Trust Fund. 3792
(6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED; 3793
APPLICATION; FEES.— 3794
(a) A person employed or otherwise working in a cardroom 3795
as a cardroom manager, floor supervisor, pit boss, dealer, or 3796
any other activity related to cardroom operations while the 3797
facility is conducting card playing or games of dominoes must 3798
hold a valid cardroom employee occupational license issued by 3799
the commission division. Food service, maintenance, and security 3800
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employees with a current pari -mutuel occupational license and a 3801
current background check will not be required to have a cardroom 3802
employee occupational license. 3803
(b) Any cardroom management company or cardroom 3804
distributor associated with cardroom operations must hold a 3805
valid cardroom business occupational license issued by the 3806
commission division. 3807
(d) The commission division shall establish, by rule, a 3808
schedule for the renewal of cardroom occupational licenses. 3809
Cardroom occupational licenses are not transferable. 3810
(e) Persons seeking cardroom occupational licenses, or 3811
renewal thereof, shall make application on forms prescribed by 3812
the commission division. Applications for cardroom occupational 3813
licenses shall contain all of the information the commission 3814
division, by rule, may determine is required to ensure 3815
eligibility. 3816
(f) The commission division shall adopt rules regarding 3817
cardroom occupational licenses. The provisions specified in s. 3818
550.105(4), (5), (6), (7), (8), and (10) relating to licensure 3819
shall be applicable to cardroom occupational licenses. 3820
(g) The commission division may deny, declare ineligible, 3821
or revoke any cardroom occupational license if the applicant or 3822
holder thereof has been found guilty or had adjudication 3823
withheld in this state or any other state, or under the laws of 3824
the United States of a felony or misdemeanor involving forgery, 3825
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larceny, extortion, conspiracy to defraud, or filing false 3826
reports to a government agency, racing or gaming commission or 3827
authority. 3828
(h) Fingerprints for all cardroom occupational license 3829
applications shall be taken in a manner approved by the 3830
commission division and then shall be submitted to the Florida 3831
Department of Law Enforcement and the Federal Bureau of 3832
Investigation for a criminal records check upon initial 3833
application and at least every 5 years thereafter. The 3834
commission division may by rule require an annual record check 3835
of all renewal applications for a cardroom occupational license. 3836
The cost of processing fingerprints and conducting a record 3837
check shall be borne by the applicant. 3838
(7) CONDITIONS FOR OPERATING A CARDROOM. — 3839
(a) A cardroom may be operated only at the location 3840
specified on the cardroom license issued by the commission 3841
division, and such location may only be the location at which 3842
the pari-mutuel permitholder is authorized to conduct pari -3843
mutuel wagering activities pursuant to such permitholder's valid 3844
pari-mutuel permit or as otherwise a uthorized by law. 3845
(f) The cardroom facility is subject to inspection by the 3846
commission division or any law enforcement agency during the 3847
licensee's regular business hours. The inspection must 3848
specifically include the permitholder internal control 3849
procedures approved by the commission division. 3850
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(h) Poker games played in a designated player manner in 3851
which one player is permitted, but not required, to cover other 3852
players' wagers must comply with the following restrictions: 3853
1. Poker games to be played in a designated player manner 3854
must have been identified in cardroom license applications 3855
approved by the former Division of Pari -mutuel Wagering division 3856
on or before March 15, 2018, or, if a substantially similar 3857
poker game, identified in cardroom license a pplications approved 3858
by the former Division of Pari -mutuel Wagering division on or 3859
before April 1, 2021. 3860
2. If the cardroom is located in a county where slot 3861
machine gaming is authorized under chapter 285 or chapter 551, 3862
the cardroom operator is limited to offering no more than 10 3863
tables for the play of poker games in a designated player 3864
manner. 3865
3. If the cardroom is located in a county where slot 3866
machine gaming is not authorized under chapter 285 or chapter 3867
551, the cardroom operator is limited to offe ring no more than 3868
30 tables for the play of poker games in a designated player 3869
manner. 3870
4. There may not be more than nine players and the 3871
nonplayer dealer at each table. 3872
(11) RECORDS AND REPORTS. — 3873
(a) Each licensee operating a cardroom shall keep and 3874
maintain permanent daily records of its cardroom operation and 3875
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shall maintain such records for a period of not less than 3 3876
years. These records shall include all financial transactions 3877
and contain sufficient detail to determine compliance with the 3878
requirements of this section. All records shall be available for 3879
audit and inspection by the commission division or other law 3880
enforcement agencies during the licensee's regular business 3881
hours. The information required in such records shall be 3882
determined by commission division rule. 3883
(b) Each licensee operating a cardroom shall file with the 3884
commission division a report containing the required records of 3885
such cardroom operation. Such report shall be filed monthly by 3886
licensees. The required reports shall be submitt ed on forms 3887
prescribed by the commission division and shall be due at the 3888
same time as the monthly pari -mutuel reports are due to the 3889
commission division, and such reports shall contain any 3890
additional information deemed necessary by the commission 3891
division, and the reports shall be deemed public records once 3892
filed. 3893
(13) TAXES AND OTHER PAYMENTS. — 3894
(b) An admission tax equal to 15 percent of the admission 3895
charge for entrance to the licensee's cardroom facility, or 10 3896
cents, whichever is greater, is impose d on each person entering 3897
the cardroom. This admission tax shall apply only if a separate 3898
admission fee is charged for entry to the cardroom facility. If 3899
a single admission fee is charged which authorizes entry to both 3900
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or either the pari-mutuel facility and the cardroom facility, 3901
the admission tax shall be payable only once and shall be 3902
payable pursuant to chapter 550. The cardroom licensee shall be 3903
responsible for collecting the admission tax. An admission tax 3904
is imposed on any free passes or complimentary cards issued to 3905
guests by licensees in an amount equal to the tax imposed on the 3906
regular and usual admission charge for entrance to the 3907
licensee's cardroom facility. A cardroom licensee may issue tax -3908
free passes to its officers, officials, and employees o r other 3909
persons actually engaged in working at the cardroom, including 3910
accredited press representatives such as reporters and editors, 3911
and may also issue tax -free passes to other cardroom licensees 3912
for the use of their officers and officials. The licensee shall 3913
file with the commission division a list of all persons to whom 3914
tax-free passes are issued. 3915
(c) Payment of the admission tax and gross receipts tax 3916
imposed by this section shall be paid to the commission 3917
division. The commission division shall deposit these sums with 3918
the Chief Financial Officer, one -half being credited to the 3919
Pari-mutuel Wagering Trust Fund and one -half being credited to 3920
the General Revenue Fund. The cardroom licensee shall remit to 3921
the commission division payment for the admission tax, the gross 3922
receipts tax, and the licensee fees. Such payments shall be 3923
remitted to the commission division on the fifth day of each 3924
calendar month for taxes and fees imposed for the preceding 3925
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month's cardroom activities. Licensees shall file a report u nder 3926
oath by the fifth day of each calendar month for all taxes 3927
remitted during the preceding calendar month. Such report shall, 3928
under oath, indicate the total of all admissions, the cardroom 3929
activities for the preceding calendar month, and such other 3930
information as may be prescribed by the commission division. 3931
(d)1. Each jai alai permitholder that conducts live 3932
performances and operates a cardroom facility shall use at least 3933
4 percent of such permitholder's cardroom monthly gross receipts 3934
to supplement jai alai prize money during the permitholder's 3935
next ensuing pari-mutuel meet. 3936
2. Each thoroughbred permitholder or harness horse racing 3937
permitholder that conducts live performances and operates a 3938
cardroom facility shall use at least 50 percent of such 3939
permitholder's cardroom monthly net proceeds as follows: 47 3940
percent to supplement purses and 3 percent to supplement 3941
breeders' awards during the permitholder's next ensuing racing 3942
meet. 3943
3. No cardroom license or renewal thereof shall be issued 3944
to an applicant holding a permit under chapter 550 to conduct 3945
pari-mutuel wagering meets of quarter horse racing and 3946
conducting live performances unless the applicant has on file 3947
with the commission division a binding written agreement between 3948
the applicant and the Flo rida Quarter Horse Racing Association 3949
or the association representing a majority of the horse owners 3950
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and trainers at the applicant's eligible facility, governing the 3951
payment of purses on live quarter horse races conducted at the 3952
licensee's pari-mutuel facility. The agreement governing purses 3953
may direct the payment of such purses from revenues generated by 3954
any wagering or gaming the applicant is authorized to conduct 3955
under Florida law. All purses shall be subject to the terms of 3956
chapter 550. 3957
(e) The failure of any licensee to make payments as 3958
prescribed in paragraph (c) is a violation of this section, and 3959
the licensee may be subjected by the commission division to a 3960
civil penalty of up to $1,000 for each day the tax payment is 3961
not remitted. All penalties im posed and collected shall be 3962
deposited in the General Revenue Fund. If a licensee fails to 3963
pay penalties imposed by order of the commission division under 3964
this subsection, the commission division may suspend or revoke 3965
the license of the cardroom operator o r deny issuance of any 3966
further license to the cardroom operator. 3967
(h) One-quarter of the moneys deposited into the Pari -3968
mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by 3969
October 1 of each year, be distributed to the local government 3970
that approved the cardroom under subsection (16); however, if 3971
two or more pari-mutuel racetracks are located within the same 3972
incorporated municipality, the cardroom funds shall be 3973
distributed to the municipality. If a pari -mutuel facility is 3974
situated in such a mann er that it is located in more than one 3975
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county, the site of the cardroom facility shall determine the 3976
location for purposes of disbursement of tax revenues under this 3977
paragraph. The commission division shall, by September 1 of each 3978
year, determine: the amou nt of taxes deposited into the Pari -3979
mutuel Wagering Trust Fund pursuant to this section from each 3980
cardroom licensee; the location by county of each cardroom; 3981
whether the cardroom is located in the unincorporated area of 3982
the county or within an incorporated municipality; and, the 3983
total amount to be distributed to each eligible county and 3984
municipality. 3985
(14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE. — 3986
(a) The commission division may deny a license or the 3987
renewal thereof, or may suspend or revoke a ny license, when the 3988
applicant has: violated or failed to comply with the provisions 3989
of this section or any rules adopted pursuant thereto; knowingly 3990
caused, aided, abetted, or conspired with another to cause any 3991
person to violate this section or any rules adopted pursuant 3992
thereto; or obtained a license or permit by fraud, 3993
misrepresentation, or concealment; or if the holder of such 3994
license or permit is no longer eligible under this section. 3995
(b) If a pari-mutuel permitholder's pari -mutuel permit or 3996
license is suspended or revoked by the commission division 3997
pursuant to chapter 550, the commission division may, but is not 3998
required to, suspend or revoke such permitholder's cardroom 3999
license. If a cardroom operator's license is suspended or 4000
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revoked pursuant to t his section, the commission division may, 4001
but is not required to, suspend or revoke such licensee's pari -4002
mutuel permit or license. 4003
(c) Notwithstanding any other provision of this section, 4004
the commission division may impose an administrative fine not to 4005
exceed $1,000 for each violation against any person who has 4006
violated or failed to comply with the provisions of this section 4007
or any rules adopted pursuant thereto. 4008
(15) CRIMINAL PENALTY; INJUNCTION. — 4009
(b) The commission division, any state attorney, the 4010
statewide prosecutor, or the Attorney General may apply for a 4011
temporary or permanent injunction restraining further violation 4012
of this section, and such injunction shall issue without bond. 4013
(16) LOCAL GOVERNMENT APPROVAL. — 4014
(a) The commission Division of Pari-mutuel Wagering shall 4015
not issue any initial license under this section except upon 4016
proof in such form as the commission division may prescribe that 4017
the local government where the applicant for such license 4018
desires to conduct cardroom gaming has voted to approve such 4019
activity by a majority vote of the governing body of the 4020
municipality or the governing body of the county if the facility 4021
is not located in a municipality. 4022
(17) CHANGE OF LOCATION; REFERENDUM. — 4023
(a) Notwithstanding any provisions of thi s section, no 4024
cardroom gaming license issued under this section shall be 4025
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transferred, or reissued when such reissuance is in the nature 4026
of a transfer, so as to permit or authorize a licensee to change 4027
the location of the cardroom except upon proof in such form as 4028
the commission division may prescribe that a referendum election 4029
has been held: 4030
1. If the proposed new location is within the same county 4031
as the already licensed location, in the county where the 4032
licensee desires to conduct cardroom gaming and th at a majority 4033
of the electors voting on the question in such election voted in 4034
favor of the transfer of such license. However, the commission 4035
division shall transfer, without requirement of a referendum 4036
election, the cardroom license of any permitholder th at 4037
relocated its permit pursuant to s. 550.0555. 4038
2. If the proposed new location is not within the same 4039
county as the already licensed location, in the county where the 4040
licensee desires to conduct cardroom gaming and that a majority 4041
of the electors votin g on that question in each such election 4042
voted in favor of the transfer of such license. 4043
Reviser's Note.—Amended pursuant to the directive of the 4044
Legislature to the Division of Law Revision in s. 13, ch. 4045
2021-269, Laws of Florida, to replace references to the 4046
Division of Pari-mutuel Wagering and references to the 4047
Department of Business and Professional Regulation relating 4048
to gaming with references to the Florida Gaming Control 4049
Commission to conform the Florida Statutes to the transfer 4050
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of duties in s. 11, ch . 2021-269. 4051
Section 66. This act shall take effect July 1, 2022. 4052