Florida 2022 Regular Session

Florida House Bill H7041 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 7041 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb7041-00
9	9	Page 1 of 163
10	10	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
11	11
12	12	A reviser's bill to be entitled 1
13	13	An act relating to the Florida Statutes; amending ss. 2
14	14	16.71, 16.712, 16.713, 16.715, 20.165, 550.002, 3
15	15	550.0115, 550.01215, 550.0235, 550.0251, 550.0351, 4
16	16	550.054, 550.0555, 550.0651, 550.0951, 550.09511, 5
17	17	550.09512, 550.09514, 550.09515, 550.105, 550.1155, 6
18	18	550.125, 550.155, 550.175, 550.1815, 550.24055, 7
19	19	550.2415, 550.2614, 550.26165, 550.2625, 550.26352, 8
20	20	550.2704, 550.334, 550.3345, 550.3355, 550.3 551, 9
21	21	550.3615, 550.375, 550.495, 550.505, 550.5251, 10
22	22	550.625, 550.6305, 550.6308, 550.70, 550.902, 551.102, 11
23	23	551.103, 551.104, 551.1045, 551.105, 551.106, 551.107, 12
24	24	551.108, 551.109, 551.112, 551.114, 551.117, 551.118, 13
25	25	551.121, 551.122, 551.123, 565.02, 817.3 7, and 14
26	26	849.086, F.S., to conform to the directive of the 15
27	27	Legislature to the Division of Law Revision in s. 13, 16
28	28	ch. 2021-269, Laws of Florida, to replace references 17
29	29	to the Division of Pari -mutuel Wagering and references 18
30	30	to the Department of Business and Pro fessional 19
31	31	Regulation relating to gaming with references to the 20
32	32	Florida Gaming Control Commission to conform the 21
33	33	Florida Statutes to the transfer of duties in s. 11, 22
34	34	ch. 2021-269; providing an effective date. 23
35	35	24
36	36	Be It Enacted by the Legislature of the Sta te of Florida: 25
37	37
38	38	HB 7041 2022
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41	41
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43	43	hb7041-00
44	44	Page 2 of 163
45	45	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
46	46
47	47	26
48	48	Section 1. Paragraph (b) of subsection (3) of section 27
49	49	16.71, Florida Statutes, is amended to read: 28
50	50	16.71 Florida Gaming Control Commission; creation; 29
51	51	meetings; membership. — 30
52	52	(3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS. — 31
53	53	(b) The Governor may not solicit or request any 32
54	54	nominations, recommendations, or communications about potential 33
55	55	candidates for appointment to the commission from: 34
56	56	1. Any person that holds a permit or license issued under 35
57	57	chapter 550, or a license issued under ch apter 551 or chapter 36
58	58	849; an officer, official, or employee of such permitholder or 37
59	59	licensee; or an ultimate equitable owner, as defined in s. 38
60	60	550.002(36) s. 550.002(37), of such permitholder or licensee; 39
61	61	2. Any officer, official, employee, or other pers on with 40
62	62	duties or responsibilities relating to a gaming operation owned 41
63	63	by an Indian tribe that has a valid and active compact with the 42
64	64	state; a contractor or subcontractor of such tribe or an entity 43
65	65	employed, licensed, or contracted by such tribe; or an u ltimate 44
66	66	equitable owner, as defined in s. 550.002(36) s. 550.002(37), of 45
67	67	such entity; or 46
68	68	3. Any registered lobbyist for the executive or 47
69	69	legislative branch who represents any person or entity 48
70	70	identified in subparagraph 1. or subparagraph 2. 49
71	71	Section 2. Paragraphs (f), (g), and (h) of subsection (1) 50
72	72
73	73	HB 7041 2022
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80	80	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
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82	82	of section 16.712, Florida Statutes, are amended to read: 51
83	83	16.712 Florida Gaming Control Commission authorizations, 52
84	84	duties, and responsibilities. — 53
85	85	(1) The commission shall do all of the following: 54
86	86	(f) Review any matter within the scope of the jurisdiction 55
87	87	of the commission Division of Pari-mutuel Wagering. 56
88	88	(g) Review the regulation of licensees, permitholders, or 57
89	89	persons regulated by the commission Division of Pari-mutuel 58
90	90	Wagering and the procedures us ed by the commission division to 59
91	91	implement and enforce the law. 60
92	92	(h) Review the procedures of the commission Division of 61
93	93	Pari-mutuel Wagering which are used to qualify applicants 62
94	94	applying for a license, permit, or registration. 63
95	95	Section 3. Paragraphs (a) and (b) of subsection (2) of 64
96	96	section 16.713, Florida Statutes, are amended to read: 65
97	97	16.713 Florida Gaming Control Commission; appointment and 66
98	98	employment restrictions. — 67
99	99	(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 68
100	100	INELIGIBLE FOR APPOINT MENT TO AND EMPLOYMENT WITH THE 69
101	101	COMMISSION.— 70
102	102	(a) A person may not, for the 2 years immediately 71
103	103	preceding the date of appointment to or employment with the 72
104	104	commission and while appointed to or employed with the 73
105	105	commission: 74
106	106	1. Hold a permit or license is sued under chapter 550 or a 75
107	107
108	108	HB 7041 2022
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115	115	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
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117	117	license issued under chapter 551 or chapter 849; be an officer, 76
118	118	official, or employee of such permitholder or licensee; or be an 77
119	119	ultimate equitable owner, as defined in s. 550.002(36) s. 78
120	120	550.002(37), of such permitholder or lice nsee; 79
121	121	2. Be an officer, official, employee, or other person with 80
122	122	duties or responsibilities relating to a gaming operation owned 81
123	123	by an Indian tribe that has a valid and active compact with the 82
124	124	state; be a contractor or subcontractor of such tribe or an 83
125	125	entity employed, licensed, or contracted by such tribe; or be an 84
126	126	ultimate equitable owner, as defined in s. 550.002(36) s. 85
127	127	550.002(37), of such entity; 86
128	128	3. Be a registered lobbyist for the executive or 87
129	129	legislative branch, except while a commissioner or emp loyee of 88
130	130	the commission when officially representing the commission; or 89
131	131	4. Be a bingo game operator or an employee of a bingo game 90
132	132	operator. 91
133	133	(b) A person is ineligible for appointment to or 92
134	134	employment with the commission if, within the 2 years 93
135	135	immediately preceding such appointment or employment, he or she 94
136	136	violated paragraph (a) or solicited or accepted employment with, 95
137	137	acquired any direct or indirect interest in, or had any direct 96
138	138	or indirect business association, partnership, or financial 97
139	139	relationship with, or is a relative of: 98
140	140	1. Any person or entity who is an applicant, licensee, or 99
141	141	registrant with the Division of Pari-mutuel Wagering or the 100
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150	150	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
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152	152	commission; or 101
153	153	2. Any officer, official, employee, or other person with 102
154	154	duties or responsibilities relatin g to a gaming operation owned 103
155	155	by an Indian tribe that has a valid and active compact with the 104
156	156	state; any contractor or subcontractor of such tribe or an 105
157	157	entity employed, licensed, or contracted by such tribe; or any 106
158	158	ultimate equitable owner, as defined in s. 550.002(36) s. 107
159	159	550.002(37), of such entity. 108
160	160	109
161	161	For the purposes of this subsection, the term "relative" means a 110
162	162	spouse, father, mother, son, daughter, grandfather, grandmother, 111
163	163	brother, sister, uncle, aunt, cousin, nephew, niece, father -in-112
164	164	law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 113
165	165	sister-in-law, stepfather, stepmother, stepson, stepdaughter, 114
166	166	stepbrother, stepsister, half -brother, or half-sister. 115
167	167	Section 4. Paragraphs (b) and (c) of subsection (2) of 116
168	168	section 16.715, Florida Stat utes, are amended to read: 117
169	169	16.715 Florida Gaming Control Commission standards of 118
170	170	conduct; ex parte communications. — 119
171	171	(2) FORMER COMMISSIONERS AND EMPLOYEES. — 120
172	172	(b) A commissioner may not, for the 2 years immediately 121
173	173	following the date of resignation or termination from the 122
174	174	commission: 123
175	175	1. Hold a permit or license issued under chapter 550, or a 124
176	176	license issued under chapter 551 or chapter 849; be an officer, 125
177	177
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181	181
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185	185	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
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187	187	official, or employee of such permitholder or licensee; or be an 126
188	188	ultimate equitable owner, as defi ned in s. 550.002(36) s. 127
189	189	550.002(37), of such permitholder or licensee; 128
190	190	2. Accept employment by or compensation from a business 129
191	191	entity that, directly or indirectly, owns or controls a person 130
192	192	regulated by the commission; from a person regulated by the 131
193	193	commission; from a business entity which, directly or 132
194	194	indirectly, is an affiliate or subsidiary of a person regulated 133
195	195	by the commission; or from a business entity or trade 134
196	196	association that has been a party to a commission proceeding 135
197	197	within the 2 years precedi ng the member's resignation or 136
198	198	termination of service on the commission; or 137
199	199	3. Be a bingo game operator or an employee of a bingo game 138
200	200	operator. 139
201	201	(c) A person employed by the commission may not, for the 2 140
202	202	years immediately following the date of terminat ion or 141
203	203	resignation from employment with the commission: 142
204	204	1. Hold a permit or license issued under chapter 550, or a 143
205	205	license issued under chapter 551 or chapter 849; be an officer, 144
206	206	official, or employee of such permitholder or licensee; or be an 145
207	207	ultimate equitable owner, as defined in s. 550.002(36) s. 146
208	208	550.002(37), of such permitholder or licensee; or 147
209	209	2. Be a bingo game operator or an employee of a bingo game 148
210	210	operator. 149
211	211	Section 5. Paragraph (g) of subsection (2) of section 150
212	212
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220	220	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
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222	222	20.165, Florida Statutes, is amended to read: 151
223	223	20.165 Department of Business and Professional 152
224	224	Regulation.—There is created a Department of Business and 153
225	225	Professional Regulation. 154
226	226	(2) The following divisions of the Department of Business 155
227	227	and Professional Regulation are established: 156
228	228	(g) Division of Pari -mutuel Wagering. 157
229	229	Section 6. Subsections (8) through (10) and (12) through 158
230	230	(39) of section 550.002, Florida Statutes, are redesignated as 159
231	231	subsections (7) through (9) and subsections (11) through (38), 160
232	232	respectively, present subsectio ns (4), (5), (6), (7), and (11) 161
233	233	of that section are amended, and a new subsection (4) is added 162
234	234	to that section, to read: 163
235	235	550.002 Definitions. —As used in this chapter, the term: 164
236	236	(4) "Commission" means the Florida Gaming Control 165
237	237	Commission. 166
238	238	(5)(4) "Contributor" means a person who contributes to a 167
239	239	pari-mutuel pool by engaging in any pari -mutuel wager pursuant 168
240	240	to this chapter. 169
241	241	(6)(5) "Current meet" or "current race meet" means the 170
242	242	conduct of racing or games pursuant to a current year's 171
243	243	operating license issued by the commission division. 172
244	244	(6) "Department" means the Department of Business and 173
245	245	Professional Regulation. 174
246	246	(7) "Division" means the Division of Pari -mutuel Wagering 175
247	247
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255	255	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
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257	257	within the Department of Business and Professional Regulation . 176
258	258	(10)(11) "Full schedule of live racing or games" means, 177
259	259	for a jai alai permitholder, the conduct of a combination of at 178
260	260	least 100 live evening or matinee performances during the 179
261	261	preceding year; for a permitholder who has a converted permit or 180
262	262	filed an application on or before June 1, 1990, for a converted 181
263	263	permit, the conduct of a combination of at least 100 live 182
264	264	evening and matinee wagering performances during either of the 2 183
265	265	preceding years; for a jai alai permitholder who does not 184
266	266	operate slot machines in its par i-mutuel facility, who has 185
267	267	conducted at least 100 live performances per year for at least 186
268	268	10 years after December 31, 1992, and whose handle on live jai 187
269	269	alai games conducted at its pari -mutuel facility has been less 188
270	270	than $4 million per state fiscal year fo r at least 2 consecutive 189
271	271	years after June 30, 1992, the conduct of a combination of at 190
272	272	least 40 live evening or matinee performances during the 191
273	273	preceding year; for a jai alai permitholder who operates slot 192
274	274	machines in its pari -mutuel facility, the conduct of a 193
275	275	combination of at least 150 performances during the preceding 194
276	276	year; for a harness permitholder, the conduct of at least 100 195
277	277	live regular wagering performances during the preceding year; 196
278	278	for a quarter horse permitholder at its facility unless an 197
279	279	alternative schedule of at least 20 live regular wagering 198
280	280	performances is agreed upon by the permitholder and either the 199
281	281	Florida Quarter Horse Racing Association or the horsemen's 200
282	282
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290	290	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
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292	292	association representing the majority of the quarter horse 201
293	293	owners and trainers at the facility and filed with the 202
294	294	commission division along with its annual date application, in 203
295	295	the 2010-2011 fiscal year, the conduct of at least 20 regular 204
296	296	wagering performances, in the 2011 -2012 and 2012-2013 fiscal 205
297	297	years, the conduct of at least 30 live regular wagering 206
298	298	performances, and for every fiscal year after the 2012 -2013 207
299	299	fiscal year, the conduct of at least 40 live regular wagering 208
300	300	performances; for a quarter horse permitholder leasing another 209
301	301	licensed racetrack, the conduct of 160 events at the leased 210
302	302	facility; and for a thoroughbred permitholder, the conduct of at 211
303	303	least 40 live regular wagering performances during the preceding 212
304	304	year. For a permitholder which is restricted by statute to 213
305	305	certain operating periods within the year when other members of 214
306	306	its same class of permit are authorized to operate throughout 215
307	307	the year, the specified number of live performances which 216
308	308	constitute a full schedule of live racing or games shall be 217
309	309	adjusted pro rata in accordance with the relationship between 218
310	310	its authorized operating period and the full calendar year and 219
311	311	the resulting specified number of live performances shall 220
312	312	constitute the full schedule of live games for such permitholder 221
313	313	and all other permitholders of the same class within 100 air 222
314	314	miles of such permitholder. A live performance must consist of 223
315	315	no fewer than eight races or games conducted live for each of a 224
316	316	minimum of three performances each week at the permitholder's 225
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325	325	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
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327	327	licensed facility under a single admission charge. 226
328	328	Section 7. Section 550.0115, Fl orida Statutes, is amended 227
329	329	to read: 228
330	330	550.0115 Permitholder operating license. —After a permit 229
331	331	has been issued by the commission division, and after the permit 230
332	332	has been approved by election, the commission division shall 231
333	333	issue to the permitholder an annual operating license to conduct 232
334	334	pari-mutuel wagering at the location specified in the permit 233
335	335	pursuant to the provisions of this chapter. 234
336	336	Section 8. Section 550.01215, Florida Statutes, is amended 235
337	337	to read: 236
338	338	550.01215 License application; periods of operat ion; 237
339	339	license fees; bond.— 238
340	340	(1) Each permitholder shall annually, during the period 239
341	341	between December 15 and January 4, file in writing with the 240
342	342	commission division its application for an operating license for 241
343	343	a pari-mutuel facility for the conduct of pari -mutuel wagering 242
344	344	during the next state fiscal year, including intertrack and 243
345	345	simulcast race wagering. Each application for live performances 244
346	346	must specify the number, dates, and starting times of all live 245
347	347	performances that the permitholder intends to conduct . It must 246
348	348	also specify which performances will be conducted as charity or 247
349	349	scholarship performances. 248
350	350	(a) Each application for an operating license also must 249
351	351	include: 250
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360	360	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
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362	362	1. For each permitholder, whether the permitholder intends 251
363	363	to accept wagers on intertra ck or simulcast events. 252
364	364	2. For each permitholder that elects to operate a 253
365	365	cardroom, the dates and periods of operation the permitholder 254
366	366	intends to operate the cardroom. 255
367	367	3. For each thoroughbred racing permitholder that elects 256
368	368	to receive or rebroadcast out-of-state races, the dates for all 257
369	369	performances that the permitholder intends to conduct. 258
370	370	(b)1. A greyhound permitholder may not conduct live 259
371	371	racing. A jai alai permitholder, harness horse racing 260
372	372	permitholder, or quarter horse racing permitholder may elect not 261
373	373	to conduct live racing or games. A thoroughbred permitholder 262
374	374	must conduct live racing. A greyhound permitholder, jai alai 263
375	375	permitholder, harness horse racing permitholder, or quarter 264
376	376	horse racing permitholder that does not conduct live racing or 265
377	377	games retains its permit; is a pari -mutuel facility as defined 266
378	378	in s. 550.002(22) s. 550.002(23); if such permitholder has been 267
379	379	issued a slot machine license, the facility where such permit is 268
380	380	located remains an eligible facility as defined in s. 269
381	381	551.102(4), continues to be eligible for a slot machine license 270
382	382	pursuant to s. 551.104(3), and is exempt from ss. 551.104(4)(c) 271
383	383	and (10) and 551.114(2); is eligible, but not required, to be a 272
384	384	guest track and, if the permitholder is a harness horse racing 273
385	385	permitholder, to be a host track for purposes of intertrack 274
386	386	wagering and simulcasting pursuant to ss. 550.3551, 550.615, 275
387	387
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395	395	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
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397	397	550.625, and 550.6305; and remains eligible for a cardroom 276
398	398	license. 277
399	399	2. A permitholder or licensee may not conduct live 278
400	400	greyhound racing or dograc ing in connection with any wager for 279
401	401	money or any other thing of value in the state. The commission 280
402	402	division may deny, suspend, or revoke any permit or license 281
403	403	under this chapter if a permitholder or licensee conducts live 282
404	404	greyhound racing or dogracing in violation of this subparagraph. 283
405	405	In addition to, or in lieu of, denial, suspension, or revocation 284
406	406	of such permit or license, the commission division may impose a 285
407	407	civil penalty of up to $5,000 against the permitholder or 286
408	408	licensee for a violation of this subp aragraph. All penalties 287
409	409	imposed and collected must be deposited with the Chief Financial 288
410	410	Officer to the credit of the General Revenue Fund. 289
411	411	(c) Permitholders may amend their applications through 290
412	412	February 28. 291
413	413	(d) Notwithstanding any other provision of l aw, other than 292
414	414	a permitholder issued a permit pursuant to s. 550.3345, a pari -293
415	415	mutuel permitholder may not be issued an operating license for 294
416	416	the conduct of pari-mutuel wagering, slot machine gaming, or the 295
417	417	operation of a cardroom if the permitholder did no t hold an 296
418	418	operating license for the conduct of pari -mutuel wagering for 297
419	419	fiscal year 2020-2021. 298
420	420	(2) After the first license has been issued to a 299
421	421	permitholder, all subsequent annual applications for a license 300
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430	430	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
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432	432	shall be accompanied by proof, in such form as the commission 301
433	433	division may by rule require, that the permitholder continues to 302
434	434	possess the qualifications prescribed by this chapter, and that 303
435	435	the permit has not been disapproved at a later election. 304
436	436	(3) The commission division shall issue each license no 305
437	437	later than March 15. Each permitholder shall operate all 306
438	438	performances at the date and time specified on its license. The 307
439	439	commission division shall have the authority to approve minor 308
440	440	changes in racing dates after a license has been issued. The 309
441	441	commission division may approve changes in racing dates after a 310
442	442	license has been issued when there is no objection from any 311
443	443	operating permitholder that is conducting live racing or games 312
444	444	and that is located within 50 miles of the permitholder 313
445	445	requesting the changes in operating dates. In the event of an 314
446	446	objection, the commission division shall approve or disapprove 315
447	447	the change in operating dates based upon the impact on operating 316
448	448	permitholders located within 50 miles of the permitholder 317
449	449	requesting the change in opera ting dates. In making the 318
450	450	determination to change racing dates, the commission division 319
451	451	shall take into consideration the impact of such changes on 320
452	452	state revenues. Notwithstanding any other provision of law, and 321
453	453	for the 2021-2022 state fiscal year only, the division may 322
454	454	approve changes in operating dates for a jai alai permitholder, 323
455	455	harness horse racing permitholder, or quarter horse racing 324
456	456	permitholder if the request for such changes is received before 325
457	457
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465	465	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
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467	467	October 1, 2021. 326
468	468	(4) In the event that a permithol der fails to operate all 327
469	469	performances specified on its license at the date and time 328
470	470	specified, the commission division shall hold a hearing to 329
471	471	determine whether to fine or suspend the permitholder's license, 330
472	472	unless such failure was the direct result of fir e, strike, war, 331
473	473	hurricane, pandemic, or other disaster or event beyond the 332
474	474	ability of the permitholder to control. Financial hardship to 333
475	475	the permitholder shall not, in and of itself, constitute just 334
476	476	cause for failure to operate all performances on the date s and 335
477	477	at the times specified. 336
478	478	(5) In the event that performances licensed to be operated 337
479	479	by a permitholder are vacated, abandoned, or will not be used 338
480	480	for any reason, any permitholder shall be entitled, pursuant to 339
481	481	rules adopted by the commission division, to apply to conduct 340
482	482	performances on the dates for which the performances have been 341
483	483	abandoned. The commission division shall issue an amended 342
484	484	license for all such replacement performances which have been 343
485	485	requested in compliance with this chapter and commission 344
486	486	division rules. 345
487	487	Section 9. Section 550.0235, Florida Statutes, is amended 346
488	488	to read: 347
489	489	550.0235 Limitation of civil liability. —No permitholder 348
490	490	licensed to conduct pari -mutuel wagering pursuant to the 349
491	491	provisions of this chapter; no commissioner division director or 350
492	492
493	493	HB 7041 2022
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495	495
496	496
497	497	CODING: Words stricken are deletions; words underlined are additions.
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500	500	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
501	501
502	502	employee of the commission division; and no steward, judge, or 351
503	503	other person appointed to act pursuant to this chapter shall be 352
504	504	held liable to any person, partnership, association, 353
505	505	corporation, or other business entity for any cause whatso ever 354
506	506	arising out of, or from, the performance by such permittee, 355
507	507	director, employee, steward, judge, or other person of her or 356
508	508	his duties and the exercise of her or his discretion with 357
509	509	respect to the implementation and enforcement of the statutes 358
510	510	and rules governing the conduct of pari -mutuel wagering, so long 359
511	511	as she or he acted in good faith. This section shall not limit 360
512	512	liability in any situation in which the negligent maintenance of 361
513	513	the premises or the negligent conduct of a race contributed to 362
514	514	an accident; nor shall it limit any contractual liability. 363
515	515	Section 10. Section 550.0251, Florida Statutes, is amended 364
516	516	to read: 365
517	517	550.0251 The powers and duties of the Florida Gaming 366
518	518	Control Commission Division of Pari-mutuel Wagering of the 367
519	519	Department of Busine ss and Professional Regulation .—The 368
520	520	commission division shall administer this chapter and regulate 369
521	521	the pari-mutuel industry under this chapter and the rules 370
522	522	adopted pursuant thereto, and: 371
523	523	(1) The commission division shall make an annual report to 372
524	524	the Governor showing its own actions, receipts derived under the 373
525	525	provisions of this chapter, the practical effects of the 374
526	526	application of this chapter, and any suggestions it may approve 375
527	527
528	528	HB 7041 2022
529	529
530	530
531	531
532	532	CODING: Words stricken are deletions; words underlined are additions.
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535	535	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
536	536
537	537	for the more effectual accomplishments of the purposes of this 376
538	538	chapter. 377
539	539	(2) The commission division shall require an oath on 378
540	540	application documents as required by rule, which oath must state 379
541	541	that the information contained in the document is true and 380
542	542	complete. 381
543	543	(3) The commission division shall adopt reasonable rules 382
544	544	for the control, supervision, and direction of all applicants, 383
545	545	permittees, and licensees and for the holding, conducting, and 384
546	546	operating of all racetracks, race meets, and races held in this 385
547	547	state. Such rules must be uniform in their application and 386
548	548	effect, and the duty of exercising this control and power is 387
549	549	made mandatory upon the commission division. 388
550	550	(4) The commission division may take testimony concerning 389
551	551	any matter within its jurisdiction and issue summons and 390
552	552	subpoenas for any witness and subpoenas duces tec um in 391
553	553	connection with any matter within the jurisdiction of the 392
554	554	commission division under its seal and signed by the director. 393
555	555	(5) The commission division may adopt rules establishing 394
556	556	procedures for testing occupational licenseholders officiating 395
557	557	at or participating in any race or game at any pari -mutuel 396
558	558	facility under the jurisdiction of the commission division for a 397
559	559	controlled substance or alcohol and may prescribe procedural 398
560	560	matters not in conflict with s. 120.80(4)(a). 399
561	561	(6) In addition to the power t o exclude certain persons 400
562	562
563	563	HB 7041 2022
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565	565
566	566
567	567	CODING: Words stricken are deletions; words underlined are additions.
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570	570	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
571	571
572	572	from any pari-mutuel facility in this state, the commission 401
573	573	division may exclude any person from any and all pari -mutuel 402
574	574	facilities in this state for conduct that would constitute, if 403
575	575	the person were a licensee, a violation of thi s chapter or the 404
576	576	rules of the commission division. The commission division may 405
577	577	exclude from any pari -mutuel facility within this state any 406
578	578	person who has been ejected from a pari -mutuel facility in this 407
579	579	state or who has been excluded from any pari -mutuel facility in 408
580	580	another state by the governmental department, agency, 409
581	581	commission, or authority exercising regulatory jurisdiction over 410
582	582	pari-mutuel facilities in such other state. The commission 411
583	583	division may authorize any person who has been ejected or 412
584	584	excluded from pari-mutuel facilities in this state or another 413
585	585	state to attend the pari -mutuel facilities in this state upon a 414
586	586	finding that the attendance of such person at pari -mutuel 415
587	587	facilities would not be adverse to the public interest or to the 416
588	588	integrity of the sport or industry; however, this subsection 417
589	589	shall not be construed to abrogate the common -law right of a 418
590	590	pari-mutuel permitholder to exclude absolutely a patron in this 419
591	591	state. 420
592	592	(7) The commission division may oversee the making of, and 421
593	593	distribution from, all pari -mutuel pools. 422
594	594	(8) The commission department may collect taxes and 423
595	595	require compliance with reporting requirements for financial 424
596	596	information as authorized by this chapter. In addition, the 425
597	597
598	598	HB 7041 2022
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600	600
601	601
602	602	CODING: Words stricken are deletions; words underlined are additions.
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605	605	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
606	606
607	607	commission secretary of the department may require permitholders 426
608	608	conducting pari-mutuel operations within the state to remit 427
609	609	taxes, including fees, by electronic funds transfer if the taxes 428
610	610	and fees amounted to $50,000 or more in the prior reporting 429
611	611	year. 430
612	612	(9) The commission division may conduct investigations in 431
613	613	enforcing this chapter, except that all information obtained 432
614	614	pursuant to an investigation by the commission division for an 433
615	615	alleged violation of this chapter or rules of the commission 434
616	616	division is exempt from s. 119.07(1) and from s. 24(a), Art. I 435
617	617	of the State Constitution until an administrative complaint is 436
618	618	issued or the investigation is closed or ceases to be active. 437
619	619	This subsection does not prohibit the commission division from 438
620	620	providing such informa tion to any law enforcement agency or to 439
621	621	any other regulatory agency. For the purposes of this 440
622	622	subsection, an investigation is considered to be active while it 441
623	623	is being conducted with reasonable dispatch and with a 442
624	624	reasonable, good faith belief that it cou ld lead to an 443
625	625	administrative, civil, or criminal action by the commission 444
626	626	division or another administrative or law enforcement agency. 445
627	627	Except for active criminal intelligence or criminal 446
628	628	investigative information, as defined in s. 119.011, and any 447
629	629	other information that, if disclosed, would jeopardize the 448
630	630	safety of an individual, all information, records, and 449
631	631	transcriptions become public when the investigation is closed or 450
632	632
633	633	HB 7041 2022
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635	635
636	636
637	637	CODING: Words stricken are deletions; words underlined are additions.
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640	640	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
641	641
642	642	ceases to be active. 451
643	643	(10) The commission division may impose an administrative 452
644	644	fine for a violation under this chapter of not more than $1,000 453
645	645	for each count or separate offense, except as otherwise provided 454
646	646	in this chapter, and may suspend or revoke a permit, a pari -455
647	647	mutuel license, or an occupational license for a violation under 456
648	648	this chapter. All fines imposed and collected under this 457
649	649	subsection must be deposited with the Chief Financial Officer to 458
650	650	the credit of the General Revenue Fund. 459
651	651	(11) The commission division shall supervise and regulate 460
652	652	the welfare of racing animals at pari -mutuel facilities. 461
653	653	(12) The commission division shall have full authority and 462
654	654	power to make, adopt, amend, or repeal rules relating to 463
655	655	cardroom operations, to enforce and to carry out the provisions 464
656	656	of s. 849.086, and to regulate the authorized cardroom 465
657	657	activities in the state. 466
658	658	(13) The commission division shall have the authority to 467
659	659	suspend a permitholder's permit or license, if such permitholder 468
660	660	is operating a cardroom facility and such permitholder's 469
661	661	cardroom license has been suspended or revoked purs uant to s. 470
662	662	849.086. 471
663	663	Section 11. Subsections (1), (2), and (4), paragraphs (a) 472
664	664	and (c) of subsection (6), and subsection (7) of section 473
665	665	550.0351, Florida Statutes, are amended to read: 474
666	666	550.0351 Charity racing days. — 475
667	667
668	668	HB 7041 2022
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670	670
671	671
672	672	CODING: Words stricken are deletions; words underlined are additions.
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675	675	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
676	676
677	677	(1) The commission division shall, upon the request of a 476
678	678	permitholder, authorize each horseracing permitholder and jai 477
679	679	alai permitholder up to five charity or scholarship days in 478
680	680	addition to the regular racing days authorized by law. 479
681	681	(2) The proceeds of charity performances shall be pai d to 480
682	682	qualified beneficiaries selected by the permitholders from an 481
683	683	authorized list of charities on file with the commission 482
684	684	division. Eligible charities include any charity that provides 483
685	685	evidence of compliance with the provisions of chapter 496 and 484
686	686	evidence of possession of a valid exemption from federal 485
687	687	taxation issued by the Internal Revenue Service. In addition, 486
688	688	the authorized list must include the Racing Scholarship Trust 487
689	689	Fund, the Historical Resources Operating Trust Fund, major state 488
690	690	and private institutions of higher learning, and Florida 489
691	691	community colleges. 490
692	692	(4) The total of all profits derived from the conduct of a 491
693	693	charity day performance must include all revenues derived from 492
694	694	the conduct of that racing performance, including all state 493
695	695	taxes that would otherwise be due to the state, except that the 494
696	696	daily license fee as provided in s. 550.0951(1) and the breaks 495
697	697	for the promotional trust funds as provided in s. 550.2625(3), 496
698	698	(4), (5), (7), and (8) shall be paid to the commission division. 497
699	699	All other revenues from the charity racing performance, 498
700	700	including the commissions, breaks, and admissions and the 499
701	701	revenues from parking, programs, and concessions, shall be 500
702	702
703	703	HB 7041 2022
704	704
705	705
706	706
707	707	CODING: Words stricken are deletions; words underlined are additions.
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710	710	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
711	711
712	712	included in the total of all profits. 501
713	713	(6)(a) The commission division shall authorize one 502
714	714	additional scholarship day for horseracing in addition to the 503
715	715	regular racing days authorized by law and any additional days 504
716	716	authorized by this section, to be conducted at all horse 505
717	717	racetracks located in Hillsborough County. The permitholder 506
718	718	shall conduct a full schedule of racing on the scholarship day. 507
719	719	(c) When a charity or scholarship performance is conducted 508
720	720	as a matinee performance, the commission division may authorize 509
721	721	the permitholder to conduct the evening performances of that 510
722	722	operation day as a regular performance in addition to the 511
723	723	regular operating days authorized by law. 512
724	724	(7) In addition to the eligible charities that meet the 513
725	725	criteria set forth in this section, a jai alai permitholder is 514
726	726	authorized to conduct two additional charity performances eac h 515
727	727	fiscal year for a fund to benefit retired jai alai players. This 516
728	728	performance shall be known as the "Retired Jai Alai Players 517
729	729	Charity Day." The administration of this fund shall be 518
730	730	determined by rule by the commission division. 519
731	731	Section 12. Subsections (1), (2), (3), (4), (5), (6), and 520
732	732	(7), paragraphs (a), (b), (c), and (e) of subsection (8), 521
733	733	subsections (9), (10), (11), and (12), paragraph (a) of 522
734	734	subsection (13), subsection (14), and paragraph (c) of 523
735	735	subsection (15) of section 550.054, Florida Statutes , are 524
736	736	amended to read: 525
737	737
738	738	HB 7041 2022
739	739
740	740
741	741
742	742	CODING: Words stricken are deletions; words underlined are additions.
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745	745	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
746	746
747	747	550.054 Application for permit to conduct pari -mutuel 526
748	748	wagering.— 527
749	749	(1) Any person who possesses the qualifications prescribed 528
750	750	in this chapter may apply to the commission division for a 529
751	751	permit to conduct pari -mutuel operations under this chapter. 530
752	752	Applications for a pari -mutuel permit are exempt from the 90 -day 531
753	753	licensing requirement of s. 120.60. Within 120 days after 532
754	754	receipt of a complete application, the commission division shall 533
755	755	grant or deny the permit. A completed application tha t is not 534
756	756	acted upon within 120 days after receipt is deemed approved, and 535
757	757	the commission division shall grant the permit. 536
758	758	(2) Upon each application filed and approved, a permit 537
759	759	shall be issued to the applicant setting forth the name of the 538
760	760	permitholder, the location of the pari -mutuel facility, the type 539
761	761	of pari-mutuel activity desired to be conducted, and a statement 540
762	762	showing qualifications of the applicant to conduct pari -mutuel 541
763	763	performances under this chapter; however, a permit is 542
764	764	ineffectual to authoriz e any pari-mutuel performances until 543
765	765	approved by a majority of the electors participating in a 544
766	766	ratification election in the county in which the applicant 545
767	767	proposes to conduct pari -mutuel wagering activities. In 546
768	768	addition, an application may not be considered , nor may a permit 547
769	769	be issued by the commission division or be voted upon in any 548
770	770	county, to conduct horseraces, harness horse races, or pari -549
771	771	mutuel wagering at a location within 100 miles of an existing 550
772	772
773	773	HB 7041 2022
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775	775
776	776
777	777	CODING: Words stricken are deletions; words underlined are additions.
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780	780	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
781	781
782	782	pari-mutuel facility, or for jai alai within 50 miles of an 551
783	783	existing pari-mutuel facility; this distance shal l be measured 552
784	784	on a straight line from the nearest property line of one pari -553
785	785	mutuel facility to the nearest property line of the other 554
786	786	facility. 555
787	787	(3) The commission division shall require that each 556
788	788	applicant submit an application setting forth: 557
789	789	(a) The full name of the applicant. 558
790	790	(b) If a corporation, the name of the state in which 559
791	791	incorporated and the names and addresses of the officers, 560
792	792	directors, and shareholders holding 5 percent or more equity or, 561
793	793	if a business entity other than a corporation, the names and 562
794	794	addresses of the principals, partners, or shareholders holding 5 563
795	795	percent or more equity. 564
796	796	(c) The names and addresses of the ultimate equitable 565
797	797	owners for a corporation or other business entity, if different 566
798	798	from those provided under paragraph ( b), unless the securities 567
799	799	of the corporation or entity are registered pursuant to s. 12 of 568
800	800	the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a -78kk; and 569
801	801	if such corporation or entity files with the United States 570
802	802	Securities and Exchange Commission the re ports required by s. 13 571
803	803	of that act or if the securities of the corporation or entity 572
804	804	are regularly traded on an established securities market in the 573
805	805	United States. 574
806	806	(d) The exact location where the applicant will conduct 575
807	807
808	808	HB 7041 2022
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810	810
811	811
812	812	CODING: Words stricken are deletions; words underlined are additions.
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815	815	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
816	816
817	817	pari-mutuel performances. 576
818	818	(e) Whether the pari -mutuel facility is owned or leased 577
819	819	and, if leased, the name and residence of the fee owner or, if a 578
820	820	corporation, the names and addresses of the directors and 579
821	821	stockholders thereof. However, this chapter does not prevent a 580
822	822	person from applying to the commission division for a permit to 581
823	823	conduct pari-mutuel operations, regardless of whether the pari -582
824	824	mutuel facility has been constructed or not, and having an 583
825	825	election held in any county at the same time that elections are 584
826	826	held for the ratification of any permit in that county. 585
827	827	(f) A statement of the assets and liabilities of the 586
828	828	applicant. 587
829	829	(g) The names and addresses of any mortgagee of any pari -588
830	830	mutuel facility and any financial agreement between the parties. 589
831	831	The commission division may require the names and addresses of 590
832	832	the officers and directors of the mortgagee, and of those 591
833	833	stockholders who hold more than 10 percent of the stock of the 592
834	834	mortgagee. 593
835	835	(h) A business plan for the first year of operation. 594
836	836	(i) For each individual listed in the application as an 595
837	837	owner, partner, officer, or director, a complete set of 596
838	838	fingerprints that has been taken by an authorized law 597
839	839	enforcement officer. These sets of fingerprints must be 598
840	840	submitted to the Federal Bureau of Investigation for processing. 599
841	841	Applicants who are foreign nationals shall submit such documents 600
842	842
843	843	HB 7041 2022
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845	845
846	846
847	847	CODING: Words stricken are deletions; words underlined are additions.
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850	850	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
851	851
852	852	as necessary to allow the commission division to conduct 601
853	853	criminal history records checks in the applicant's home country. 602
854	854	The applicant must pay the cost of processing. The commission 603
855	855	division may charge a $2 handling fee for each set of 604
856	856	fingerprint records. 605
857	857	(j) The type of pari -mutuel activity to be conducted and 606
858	858	the desired period of operation. 607
859	859	(k) Other information the commission division requires. 608
860	860	(4) The commission division shall require each applicant 609
861	861	to deposit with the board of county commissioners of the county 610
862	862	in which the election is to be held, a sufficient sum, in 611
863	863	currency or by check certified by a bank licensed to do business 612
864	864	in the state to pay the expenses of holding the el ection 613
865	865	provided in s. 550.0651. 614
866	866	(5) Upon receiving an application and any amendments 615
867	867	properly made thereto, the commission division shall further 616
868	868	investigate the matters contained in the application. If the 617
869	869	applicant meets all requirements, conditions, a nd qualifications 618
870	870	set forth in this chapter and the rules of the commission 619
871	871	division, the commission division shall grant the permit. 620
872	872	(6) After initial approval of the permit and the source of 621
873	873	financing, the terms and parties of any subsequent refinancin g 622
874	874	must be disclosed by the applicant or the permitholder to the 623
875	875	commission division. 624
876	876	(7) If the commission division refuses to grant the 625
877	877
878	878	HB 7041 2022
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880	880
881	881
882	882	CODING: Words stricken are deletions; words underlined are additions.
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885	885	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
886	886
887	887	permit, the money deposited with the board of county 626
888	888	commissioners for holding the election must be refunded to the 627
889	889	applicant. If the commission division grants the permit applied 628
890	890	for, the board of county commissioners shall order an election 629
891	891	in the county to decide whether the permit will be approved, as 630
892	892	provided in s. 550.0651. 631
893	893	(8)(a) The commission division may charge the applicant 632
894	894	for reasonable, anticipated costs incurred by the commission 633
895	895	division in determining the eligibility of any person or entity 634
896	896	specified in s. 550.1815(1)(a) to hold any pari -mutuel permit, 635
897	897	against such person or entity. 636
898	898	(b) The commission division may, by rule, determine the 637
899	899	manner of paying its anticipated costs associated with 638
900	900	determination of eligibility and the procedure for filing 639
901	901	applications for determination of eligibility. 640
902	902	(c) The commission division shall furnish to the applica nt 641
903	903	an itemized statement of actual costs incurred during the 642
904	904	investigation to determine eligibility. 643
905	905	(e) If the actual costs of investigation exceed 644
906	906	anticipated costs, the commission division shall assess the 645
907	907	applicant the amount necessary to recover all actual costs. 646
908	908	(9)(a) After a permit has been granted by the commission 647
909	909	division and has been ratified and approved by the majority of 648
910	910	the electors participating in the election in the county 649
911	911	designated in the permit, the commission division shall grant to 650
912	912
913	913	HB 7041 2022
914	914
915	915
916	916
917	917	CODING: Words stricken are deletions; words underlined are additions.
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920	920	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
921	921
922	922	the lawful permitholder, subject to the conditions of this 651
923	923	chapter, a license to conduct pari -mutuel operations under this 652
924	924	chapter, and, except as provided in s. 550.5251, the commission 653
925	925	division shall fix annually the time, place, and number of days 654
926	926	during which pari-mutuel operations may be conducted by the 655
927	927	permitholder at the location fixed in the permit and ratified in 656
928	928	the election. After the first license has been issued to the 657
929	929	holder of a ratified permit for racing in any county, all 658
930	930	subsequent annual applications for a license by that 659
931	931	permitholder must be accompanied by proof, in such form as the 660
932	932	commission division requires, that the ratified permitholder 661
933	933	still possesses all the qualifications prescribed by this 662
934	934	chapter and that the permit has not been recalled at a later 663
935	935	election held in the county. 664
936	936	(b) The commission division may revoke or suspend any 665
937	937	permit or license issued under this chapter upon the willful 666
938	938	violation by the permitholder or licensee of any provision of 667
939	939	this chapter or of any rule adopted under this chapter. In lieu 668
940	940	of suspending or revoking a permit or lice nse, the commission 669
941	941	division may impose a civil penalty against the permitholder or 670
942	942	licensee for a violation of this chapter or any rule adopted by 671
943	943	the commission division. The penalty so imposed may not exceed 672
944	944	$1,000 for each count or separate offense. Al l penalties imposed 673
945	945	and collected must be deposited with the Chief Financial Officer 674
946	946	to the credit of the General Revenue Fund. 675
947	947
948	948	HB 7041 2022
949	949
950	950
951	951
952	952	CODING: Words stricken are deletions; words underlined are additions.
953	953	hb7041-00
954	954	Page 28 of 163
955	955	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
956	956
957	957	(c) The commission division shall revoke the permit of any 676
958	958	permitholder, other than a permitholder issued a permit pursuant 677
959	959	to s. 550.3345, who did not hold an operating license for the 678
960	960	conduct of pari-mutuel wagering for fiscal year 2020 -2021. A 679
961	961	permit revoked under this paragraph is void and may not be 680
962	962	reissued. 681
963	963	(10) If a permitholder has failed to complete construction 682
964	964	of at least 50 percent of the facilities necessary to conduct 683
965	965	pari-mutuel operations within 12 months after approval by the 684
966	966	voters of the permit, the commission division shall revoke the 685
967	967	permit upon adequate notice to the permitholder. However, the 686
968	968	commission division, upon good cause shown by the permitholder, 687
969	969	may grant one extension of up to 12 months. 688
970	970	(11)(a) A permit granted under this chapter may not be 689
971	971	transferred or assigned except upon written approval by the 690
972	972	commission division pursuant to s. 550.1815 , except that the 691
973	973	holder of any permit that has been converted to a jai alai 692
974	974	permit may lease or build anywhere within the county in which 693
975	975	its permit is located. 694
976	976	(b) If a permit to conduct pari -mutuel wagering is held by 695
977	977	a corporation or business entity other than an individual, the 696
978	978	transfer of 10 percent or more of the stock or other evidence of 697
979	979	ownership or equity in the permitholder may not be made without 698
980	980	the prior approval of the transferee by the commission division 699
981	981	pursuant to s. 550.1815. 700
982	982
983	983	HB 7041 2022
984	984
985	985
986	986
987	987	CODING: Words stricken are deletions; words underlined are additions.
988	988	hb7041-00
989	989	Page 29 of 163
990	990	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
991	991
992	992	(12) Changes in ownership or interest of a pari -mutuel 701
993	993	permit of 5 percent or more of the stock or other evidence of 702
994	994	ownership or equity in the permitholder shall be approved by the 703
995	995	commission division prior to such change, unless the owner is an 704
996	996	existing owner of that permit who was previously approved by the 705
997	997	commission division. Changes in ownership or interest of a pari -706
998	998	mutuel permit of less than 5 percent shall be reported to the 707
999	999	commission division within 20 days of the change. The commission 708
1000	1000	division may then conduct an investigation to ensure that the 709
1001	1001	permit is properly updated to show the change in ownership or 710
1002	1002	interest. 711
1003	1003	(13)(a) Notwithstanding any provisions of this chapter, no 712
1004	1004	thoroughbred horse racing permit or license issued under this 713
1005	1005	chapter shall be transferred, or reissued when such reissuance 714
1006	1006	is in the nature of a transfer so as to permit or authorize a 715
1007	1007	licensee to change the location of a thoroughbred horse 716
1008	1008	racetrack except upon proof in such form as the commission 717
1009	1009	division may prescribe that a referendum election has been held: 718
1010	1010	1. If the proposed new location is within the same county 719
1011	1011	as the already licensed location, in the county where the 720
1012	1012	licensee desires to conduct the race meeting and that a majority 721
1013	1013	of the electors voting on that questio n in such election voted 722
1014	1014	in favor of the transfer of such license. 723
1015	1015	2. If the proposed new location is not within the same 724
1016	1016	county as the already licensed location, in the county where the 725
1017	1017
1018	1018	HB 7041 2022
1019	1019
1020	1020
1021	1021
1022	1022	CODING: Words stricken are deletions; words underlined are additions.
1023	1023	hb7041-00
1024	1024	Page 30 of 163
1025	1025	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
1026	1026
1027	1027	licensee desires to conduct the race meeting and in the county 726
1028	1028	where the licensee is already licensed to conduct the race 727
1029	1029	meeting and that a majority of the electors voting on that 728
1030	1030	question in each such election voted in favor of the transfer of 729
1031	1031	such license. 730
1032	1032	(14)(a) Any holder of a permit to conduct jai alai may 731
1033	1033	apply to the commission division to convert such permit to a 732
1034	1034	permit to conduct greyhound racing in lieu of jai alai if: 733
1035	1035	1. Such permit is located in a county in which the 734
1036	1036	commission division has issued only two pari -mutuel permits 735
1037	1037	pursuant to this section; 736
1038	1038	2. Such permit was not previously converted from any other 737
1039	1039	class of permit; and 738
1040	1040	3. The holder of the permit has not conducted jai alai 739
1041	1041	games during a period of 10 years immediately preceding his or 740
1042	1042	her application for conversion under this subsection. 741
1043	1043	(b) The commission division, upon application from the 742
1044	1044	holder of a jai alai permit meeting all conditions of this 743
1045	1045	section, shall convert the permit and shall issue to the 744
1046	1046	permitholder a permit to conduct greyhound racing. A 745
1047	1047	permitholder of a permit conver ted under this section shall be 746
1048	1048	required to apply for and conduct a full schedule of live racing 747
1049	1049	each fiscal year to be eligible for any tax credit provided by 748
1050	1050	this chapter. The holder of a permit converted pursuant to this 749
1051	1051	subsection or any holder of a pe rmit to conduct greyhound racing 750
1052	1052
1053	1053	HB 7041 2022
1054	1054
1055	1055
1056	1056
1057	1057	CODING: Words stricken are deletions; words underlined are additions.
1058	1058	hb7041-00
1059	1059	Page 31 of 163
1060	1060	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
1061	1061
1062	1062	located in a county in which it is the only permit issued 751
1063	1063	pursuant to this section who operates at a leased facility 752
1064	1064	pursuant to s. 550.475 may move the location for which the 753
1065	1065	permit has been issued to another location with in a 30-mile 754
1066	1066	radius of the location fixed in the permit issued in that 755
1067	1067	county, provided the move does not cross the county boundary and 756
1068	1068	such location is approved under the zoning regulations of the 757
1069	1069	county or municipality in which the permit is located, and upon 758
1070	1070	such relocation may use the permit for the conduct of pari -759
1071	1071	mutuel wagering and the operation of a cardroom. The provisions 760
1072	1072	of s. 550.6305(9)(d) and (f) shall apply to any permit converted 761
1073	1073	under this subsection and shall continue to apply to any permi t 762
1074	1074	which was previously included under and subject to such 763
1075	1075	provisions before a conversion pursuant to this section 764
1076	1076	occurred. 765
1077	1077	(15) 766
1078	1078	(c) Additional permits for the conduct of pari -mutuel 767
1079	1079	wagering may not be approved or issued by the commission or 768
1080	1080	former Division of Pari-mutuel Wagering division after January 769
1081	1081	1, 2021; and 770
1082	1082	Section 13. Subsection (2) of section 550.0555, Florida 771
1083	1083	Statutes, is amended to read: 772
1084	1084	550.0555 Greyhound dogracing permits; relocation within a 773
1085	1085	county; conditions.— 774
1086	1086	(2) Any holder of a valid outstanding permit for greyhound 775
1087	1087
1088	1088	HB 7041 2022
1089	1089
1090	1090
1091	1091
1092	1092	CODING: Words stricken are deletions; words underlined are additions.
1093	1093	hb7041-00
1094	1094	Page 32 of 163
1095	1095	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
1096	1096
1097	1097	dogracing in a county in which there is only one dogracing 776
1098	1098	permit issued, as well as any holder of a valid outstanding 777
1099	1099	permit for jai alai in a county where only one jai alai permit 778
1100	1100	is issued, is authorized, withou t the necessity of an additional 779
1101	1101	county referendum required under s. 550.0651, to move the 780
1102	1102	location for which the permit has been issued to another 781
1103	1103	location within a 30 -mile radius of the location fixed in the 782
1104	1104	permit issued in that county, provided the mov e does not cross 783
1105	1105	the county boundary, that such relocation is approved under the 784
1106	1106	zoning regulations of the county or municipality in which the 785
1107	1107	permit is to be located as a planned development use, consistent 786
1108	1108	with the comprehensive plan, and that such move is approved by 787
1109	1109	the commission department after it is determined at a proceeding 788
1110	1110	pursuant to chapter 120 in the county affected that the move is 789
1111	1111	necessary to ensure the revenue -producing capability of the 790
1112	1112	permittee without deteriorating the revenue -producing capability 791
1113	1113	of any other pari-mutuel permittee within 50 miles; the distance 792
1114	1114	shall be measured on a straight line from the nearest property 793
1115	1115	line of one racing plant or jai alai fronton to the nearest 794
1116	1116	property line of the other. 795
1117	1117	Section 14. Subsections (1), (3), and (5) of section 796
1118	1118	550.0651, Florida Statutes, are amended to read: 797
1119	1119	550.0651 Elections for ratification of permits; municipal 798
1120	1120	prohibitions.— 799
1121	1121	(1) The holder of any permit may have submitted to the 800
1122	1122
1123	1123	HB 7041 2022
1124	1124
1125	1125
1126	1126
1127	1127	CODING: Words stricken are deletions; words underlined are additions.
1128	1128	hb7041-00
1129	1129	Page 33 of 163
1130	1130	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
1131	1131
1132	1132	electors of the county designated therein the question whether 801
1133	1133	or not such permit will be ratified or rejected. Such questions 802
1134	1134	shall be submitted to the electors for approval or rejection at 803
1135	1135	a special election to be called for that purpose only. The board 804
1136	1136	of county commissioners of the county designa ted, upon the 805
1137	1137	presentation to such board at a regular or special meeting of a 806
1138	1138	written application, accompanied by a certified copy of the 807
1139	1139	permit granted by the commission division, and asking for an 808
1140	1140	election in the county in which the application was made, shall 809
1141	1141	order a special election in the county for the particular 810
1142	1142	purpose of deciding whether such permit shall be approved and 811
1143	1143	license issued and race meetings permitted in such county by 812
1144	1144	such permittee and shall cause the clerk of such board to give 813
1145	1145	notice of the special election by publishing the same once each 814
1146	1146	week for 2 consecutive weeks in one or more newspapers of 815
1147	1147	general circulation in the county. Each permit covering each 816
1148	1148	track must be voted upon separately and in separate elections, 817
1149	1149	and an election may not be called more often than once every 2 818
1150	1150	years for the ratification of any permit covering the same 819
1151	1151	track. 820
1152	1152	(3) When a permit has been granted by the commission 821
1153	1153	division and no application to the board of county commissioners 822
1154	1154	has been made by the p ermittee within 6 months after the 823
1155	1155	granting of the permit, the permit becomes void. The commission 824
1156	1156	division shall cancel the permit without notice to the 825
1157	1157
1158	1158	HB 7041 2022
1159	1159
1160	1160
1161	1161
1162	1162	CODING: Words stricken are deletions; words underlined are additions.
1163	1163	hb7041-00
1164	1164	Page 34 of 163
1165	1165	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
1166	1166
1167	1167	permitholder, and the board of county commissioners holding the 826
1168	1168	deposit for the election shall refund the deposit to the 827
1169	1169	permitholder upon being notified by the commission division that 828
1170	1170	the permit has become void and has been canceled. 829
1171	1171	(5) If at any such special election the majority of the 830
1172	1172	electors voting on the question of ratification or rejection of 831
1173	1173	any permit vote against such ratification, such permit is void. 832
1174	1174	If a majority of the electors voting on the question of 833
1175	1175	ratification or rejection of any permit vote for such 834
1176	1176	ratification, such permit becomes effectual and the holder 835
1177	1177	thereof may conduct rac ing upon complying with the other 836
1178	1178	provisions of this chapter. The board of county commissioners 837
1179	1179	shall immediately certify the results of the election to the 838
1180	1180	commission division. 839
1181	1181	Section 15. Subsection (1), paragraph (c) of subsection 840
1182	1182	(2), paragraph (c) of subsection (3), and subsections (5) and 841
1183	1183	(6) of section 550.0951, Florida Statutes, are amended to read: 842
1184	1184	550.0951 Payment of daily license fee and taxes; 843
1185	1185	penalties.— 844
1186	1186	(1) DAILY LICENSE FEE. — 845
1187	1187	(a) Each person engaged in the business of conducting rac e 846
1188	1188	meetings or jai alai games under this chapter, hereinafter 847
1189	1189	referred to as the "permitholder," "licensee," or "permittee," 848
1190	1190	shall pay to the commission division, for the use of the 849
1191	1191	commission division, a daily license fee on each live or 850
1192	1192
1193	1193	HB 7041 2022
1194	1194
1195	1195
1196	1196
1197	1197	CODING: Words stricken are deletions; words underlined are additions.
1198	1198	hb7041-00
1199	1199	Page 35 of 163
1200	1200	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
1201	1201
1202	1202	simulcast pari-mutuel event of $100 for each horserace and $80 851
1203	1203	for each dograce and $40 for each jai alai game conducted at a 852
1204	1204	racetrack or fronton licensed under this chapter. In addition to 853
1205	1205	the tax exemption specified in s. 550.09514(1) of $360,000 or 854
1206	1206	$500,000 per greyhoun d permitholder per state fiscal year, each 855
1207	1207	greyhound permitholder shall receive in the current state fiscal 856
1208	1208	year a tax credit equal to the number of live greyhound races 857
1209	1209	conducted in the previous state fiscal year times the daily 858
1210	1210	license fee specified for each dograce in this subsection 859
1211	1211	applicable for the previous state fiscal year. This tax credit 860
1212	1212	and the exemption in s. 550.09514(1) shall be applicable to any 861
1213	1213	tax imposed by this chapter or the daily license fees imposed by 862
1214	1214	this chapter except during any c harity or scholarship 863
1215	1215	performances conducted pursuant to s. 550.0351. Each 864
1216	1216	permitholder shall pay daily license fees not to exceed $500 per 865
1217	1217	day on any simulcast races or games on which such permitholder 866
1218	1218	accepts wagers regardless of the number of out -of-state events 867
1219	1219	taken or the number of out -of-state locations from which such 868
1220	1220	events are taken. This license fee shall be deposited with the 869
1221	1221	Chief Financial Officer to the credit of the Pari -mutuel 870
1222	1222	Wagering Trust Fund. 871
1223	1223	(b) Each permitholder that cannot utilize the full amount 872
1224	1224	of the exemption of $360,000 or $500,000 provided in s. 873
1225	1225	550.09514(1) or the daily license fee credit provided in this 874
1226	1226	section may, after notifying the commission division in writing, 875
1227	1227
1228	1228	HB 7041 2022
1229	1229
1230	1230
1231	1231
1232	1232	CODING: Words stricken are deletions; words underlined are additions.
1233	1233	hb7041-00
1234	1234	Page 36 of 163
1235	1235	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
1236	1236
1237	1237	elect once per state fiscal year on a form provided by t he 876
1238	1238	commission division to transfer such exemption or credit or any 877
1239	1239	portion thereof to any greyhound permitholder which acts as a 878
1240	1240	host track to such permitholder for the purpose of intertrack 879
1241	1241	wagering. Once an election to transfer such exemption or credit 880
1242	1242	is filed with the commission division, it shall not be 881
1243	1243	rescinded. The commission division shall disapprove the transfer 882
1244	1244	when the amount of the exemption or credit or portion thereof is 883
1245	1245	unavailable to the transferring permitholder or when the 884
1246	1246	permitholder who is entitled to transfer the exemption or credit 885
1247	1247	or who is entitled to receive the exemption or credit owes taxes 886
1248	1248	to the state pursuant to a deficiency letter or administrative 887
1249	1249	complaint issued by the commission division. Upon approval of 888
1250	1250	the transfer by the commission division, the transferred tax 889
1251	1251	exemption or credit shall be effective for the first performance 890
1252	1252	of the next payment period as specified in subsection (5). The 891
1253	1253	exemption or credit transferred to such host track may be 892
1254	1254	applied by such host trac k against any taxes imposed by this 893
1255	1255	chapter or daily license fees imposed by this chapter. The 894
1256	1256	greyhound permitholder host track to which such exemption or 895
1257	1257	credit is transferred shall reimburse such permitholder the 896
1258	1258	exact monetary value of such transferred exemption or credit as 897
1259	1259	actually applied against the taxes and daily license fees of the 898
1260	1260	host track. The commission division shall ensure that all 899
1261	1261	transfers of exemption or credit are made in accordance with 900
1262	1262
1263	1263	HB 7041 2022
1264	1264
1265	1265
1266	1266
1267	1267	CODING: Words stricken are deletions; words underlined are additions.
1268	1268	hb7041-00
1269	1269	Page 37 of 163
1270	1270	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
1271	1271
1272	1272	this subsection and shall have the authority to adopt rules to 901
1273	1273	ensure the implementation of this section. 902
1274	1274	(2) ADMISSION TAX.— 903
1275	1275	(c) A permitholder may issue tax -free passes to its 904
1276	1276	officers, officials, and employees or other persons actually 905
1277	1277	engaged in working at the racetrack, including accredited pre ss 906
1278	1278	representatives such as reporters and editors, and may also 907
1279	1279	issue tax-free passes to other permitholders for the use of 908
1280	1280	their officers and officials. The permitholder shall file with 909
1281	1281	the commission division a list of all persons to whom tax -free 910
1282	1282	passes are issued under this paragraph. 911
1283	1283	(3) TAX ON HANDLE.—Each permitholder shall pay a tax on 912
1284	1284	contributions to pari -mutuel pools, the aggregate of which is 913
1285	1285	hereinafter referred to as "handle," on races or games conducted 914
1286	1286	by the permitholder. The tax is impose d daily and is based on 915
1287	1287	the total contributions to all pari -mutuel pools conducted 916
1288	1288	during the daily performance. If a permitholder conducts more 917
1289	1289	than one performance daily, the tax is imposed on each 918
1290	1290	performance separately. 919
1291	1291	(c)1. The tax on handle for in tertrack wagering is 2.0 920
1292	1292	percent of the handle if the host track is a horse track, 3.3 921
1293	1293	percent if the host track is a harness track, 5.5 percent if the 922
1294	1294	host track is a dog track, and 7.1 percent if the host track is 923
1295	1295	a jai alai fronton. The tax on handle fo r intertrack wagering is 924
1296	1296	0.5 percent if the host track and the guest track are 925
1297	1297
1298	1298	HB 7041 2022
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
1303	1303	hb7041-00
1304	1304	Page 38 of 163
1305	1305	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
1306	1306
1307	1307	thoroughbred permitholders or if the guest track is located 926
1308	1308	outside the market area of the host track and within the market 927
1309	1309	area of a thoroughbred permitholder currently conduct ing a live 928
1310	1310	race meet. The tax on handle for intertrack wagering on 929
1311	1311	rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent 930
1312	1312	of the handle and 1.5 percent of the handle for intertrack 931
1313	1313	wagering on rebroadcasts of simulcast harness horseraces. The 932
1314	1314	tax shall be deposited into the Pari -mutuel Wagering Trust Fund. 933
1315	1315	2. The tax on handle for intertrack wagers accepted by any 934
1316	1316	dog track located in an area of the state in which there are 935
1317	1317	only three permitholders, all of which are greyhound 936
1318	1318	permitholders, located in three contiguous counties, from any 937
1319	1319	greyhound permitholder also located within such area or any dog 938
1320	1320	track or jai alai fronton located as specified in s. 550.615(6) 939
1321	1321	or (9), on races or games received from the same class of 940
1322	1322	permitholder located within the same market area is 3.9 percent 941
1323	1323	if the host facility is a greyhound permitholder and, if the 942
1324	1324	host facility is a jai alai permitholder, the rate shall be 6.1 943
1325	1325	percent except that it shall be 2.3 percent on handle at such 944
1326	1326	time as the total tax on intertr ack handle paid to the 945
1327	1327	commission division by the permitholder during the current state 946
1328	1328	fiscal year exceeds the total tax on intertrack handle paid to 947
1329	1329	the commission division by the permitholder during the 1992 -1993 948
1330	1330	state fiscal year. 949
1331	1331	(5) PAYMENT AND DIS POSITION OF FEES AND TAXES. —Payments 950
1332	1332
1333	1333	HB 7041 2022
1334	1334
1335	1335
1336	1336
1337	1337	CODING: Words stricken are deletions; words underlined are additions.
1338	1338	hb7041-00
1339	1339	Page 39 of 163
1340	1340	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
1341	1341
1342	1342	imposed by this section shall be paid to the commission 951
1343	1343	division. The commission division shall deposit these sums with 952
1344	1344	the Chief Financial Officer, to the credit of the Pari -mutuel 953
1345	1345	Wagering Trust Fund, hereby establish ed. The permitholder shall 954
1346	1346	remit to the commission division payment for the daily license 955
1347	1347	fee, the admission tax, the tax on handle, and the breaks tax. 956
1348	1348	Such payments shall be remitted by 3 p.m. Wednesday of each week 957
1349	1349	for taxes imposed and collected for th e preceding week ending on 958
1350	1350	Sunday. Beginning on July 1, 2012, such payments shall be 959
1351	1351	remitted by 3 p.m. on the 5th day of each calendar month for 960
1352	1352	taxes imposed and collected for the preceding calendar month. If 961
1353	1353	the 5th day of the calendar month falls on a weekend, payments 962
1354	1354	shall be remitted by 3 p.m. the first Monday following the 963
1355	1355	weekend. Permitholders shall file a report under oath by the 5th 964
1356	1356	day of each calendar month for all taxes remitted during the 965
1357	1357	preceding calendar month. Such payments shall be acco mpanied by 966
1358	1358	a report under oath showing the total of all admissions, the 967
1359	1359	pari-mutuel wagering activities for the preceding calendar 968
1360	1360	month, and such other information as may be prescribed by the 969
1361	1361	commission division. 970
1362	1362	(6) PENALTIES.— 971
1363	1363	(a) The failure of any permitholder to make payments as 972
1364	1364	prescribed in subsection (5) is a violation of this section, and 973
1365	1365	the permitholder may be subjected by the commission division to 974
1366	1366	a civil penalty of up to $1,000 for each day the tax payment is 975
1367	1367
1368	1368	HB 7041 2022
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1370	1370
1371	1371
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1375	1375	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
1376	1376
1377	1377	not remitted. All penalties i mposed and collected shall be 976
1378	1378	deposited in the General Revenue Fund. If a permitholder fails 977
1379	1379	to pay penalties imposed by order of the commission division 978
1380	1380	under this subsection, the commission division may suspend or 979
1381	1381	revoke the license of the permitholder, cancel the permit of the 980
1382	1382	permitholder, or deny issuance of any further license or permit 981
1383	1383	to the permitholder. 982
1384	1384	(b) In addition to the civil penalty prescribed in 983
1385	1385	paragraph (a), any willful or wanton failure by any permitholder 984
1386	1386	to make payments of the dail y license fee, admission tax, tax on 985
1387	1387	handle, or breaks tax constitutes sufficient grounds for the 986
1388	1388	commission division to suspend or revoke the license of the 987
1389	1389	permitholder, to cancel the permit of the permitholder, or to 988
1390	1390	deny issuance of any further license or permit to the 989
1391	1391	permitholder. 990
1392	1392	Section 16. Paragraphs (b), (c), (d), and (e) of 991
1393	1393	subsection (2) and paragraph (a) of subsection (3) of section 992
1394	1394	550.09511, Florida Statutes, are amended to read: 993
1395	1395	550.09511 Jai alai taxes; abandoned interest in a permit 994
1396	1396	for nonpayment of taxes. — 995
1397	1397	(2) Notwithstanding the provisions of s. 550.0951(3)(b), 996
1398	1398	wagering on live jai alai performances shall be subject to the 997
1399	1399	following taxes: 998
1400	1400	(b) At such time as the total of admissions tax, daily 999
1401	1401	license fee, and tax on handle for live jai alai performances 1000
1402	1402
1403	1403	HB 7041 2022
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1410	1410	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
1411	1411
1412	1412	paid to the commission division by a permitholder during the 1001
1413	1413	current state fiscal year exceeds the total state tax revenues 1002
1414	1414	from wagering on live jai alai performances paid or due by the 1003
1415	1415	permitholder in fiscal year 1991 -1992, the permitholder shall 1004
1416	1416	pay tax on handle for live jai alai pe rformances at a rate of 1005
1417	1417	2.55 percent of the handle per performance for the remainder of 1006
1418	1418	the current state fiscal year. For purposes of this section, 1007
1419	1419	total state tax revenues on live jai alai wagering in fiscal 1008
1420	1420	year 1991-1992 shall include any admissions ta x, tax on handle, 1009
1421	1421	surtaxes on handle, and daily license fees. 1010
1422	1422	(c) If no tax on handle for live jai alai performances 1011
1423	1423	were paid to the commission division by a jai alai permitholder 1012
1424	1424	during the 1991-1992 state fiscal year, then at such time as the 1013
1425	1425	total of admissions tax, daily license fee, and tax on handle 1014
1426	1426	for live jai alai performances paid to the commission division 1015
1427	1427	by a permitholder during the current s tate fiscal year exceeds 1016
1428	1428	the total state tax revenues from wagering on live jai alai 1017
1429	1429	performances paid or due by the permitholder in the last state 1018
1430	1430	fiscal year in which the permitholder conducted a full schedule 1019
1431	1431	of live games, the permitholder shall pay ta x on handle for live 1020
1432	1432	jai alai performances at a rate of 3.3 percent of the handle per 1021
1433	1433	performance for the remainder of the current state fiscal year. 1022
1434	1434	For purposes of this section, total state tax revenues on live 1023
1435	1435	jai alai wagering shall include any admissi ons tax, tax on 1024
1436	1436	handle, surtaxes on handle, and daily license fees. This 1025
1437	1437
1438	1438	HB 7041 2022
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1445	1445	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
1446	1446
1447	1447	paragraph shall take effect July 1, 1993. 1026
1448	1448	(d) A permitholder who obtains a new permit issued by the 1027
1449	1449	commission division subsequent to the 1991 -1992 state fiscal 1028
1450	1450	year and a permithol der whose permit has been converted to a jai 1029
1451	1451	alai permit under the provisions of this chapter, shall, at such 1030
1452	1452	time as the total of admissions tax, daily license fee, and tax 1031
1453	1453	on handle for live jai alai performances paid to the commission 1032
1454	1454	division by the permitholder during the current state fiscal 1033
1455	1455	year exceeds the average total state tax revenues from wagering 1034
1456	1456	on live jai alai performances for the first 3 consecutive jai 1035
1457	1457	alai seasons paid to or due the commission division by the 1036
1458	1458	permitholder and during whic h the permitholder conducted a full 1037
1459	1459	schedule of live games, pay tax on handle for live jai alai 1038
1460	1460	performances at a rate of 3.3 percent of the handle per 1039
1461	1461	performance for the remainder of the current state fiscal year. 1040
1462	1462	(e) The payment of taxes pursuant to p aragraphs (b), (c), 1041
1463	1463	and (d) shall be calculated and commence beginning the day in 1042
1464	1464	which the permitholder is first entitled to the reduced rate 1043
1465	1465	specified in this section and the report of taxes required by s. 1044
1466	1466	550.0951(5) is submitted to the commission division. 1045
1467	1467	(3)(a) Notwithstanding the provisions of subsection (2) 1046
1468	1468	and s. 550.0951(3)(c)1., any jai alai permitholder which is 1047
1469	1469	restricted under Florida law from operating live performances on 1048
1470	1470	a year-round basis is entitled to conduct wagering on live 1049
1471	1471	performances at a tax rate of 3.85 percent of live handle. Such 1050
1472	1472
1473	1473	HB 7041 2022
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1480	1480	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
1481	1481
1482	1482	permitholder is also entitled to conduct intertrack wagering as 1051
1483	1483	a host permitholder on live jai alai games at its fronton at a 1052
1484	1484	tax rate of 3.3 percent of handle at such time as the total tax 1053
1485	1485	on intertrack handle paid to the commission division by the 1054
1486	1486	permitholder during the current state fiscal year exceeds the 1055
1487	1487	total tax on intertrack handle paid to the former Division of 1056
1488	1488	Pari-mutuel Wagering by the permitholder during the 1992 -1993 1057
1489	1489	state fiscal year. 1058
1490	1490	Section 17. Paragraph (b) of subsection (3) of section 1059
1491	1491	550.09512, Florida Statutes, is amended to read: 1060
1492	1492	550.09512 Harness horse taxes; abandoned interest in a 1061
1493	1493	permit for nonpayment of taxes. — 1062
1494	1494	(3) 1063
1495	1495	(b) In order to maximize the tax revenues to the sta te, 1064
1496	1496	the commission division shall reissue an escheated harness horse 1065
1497	1497	permit to a qualified applicant pursuant to the provisions of 1066
1498	1498	this chapter as for the issuance of an initial permit. However, 1067
1499	1499	the provisions of this chapter relating to referendum 1068
1500	1500	requirements for a pari-mutuel permit shall not apply to the 1069
1501	1501	reissuance of an escheated harness horse permit. As specified in 1070
1502	1502	the application and upon approval by the commission division of 1071
1503	1503	an application for the permit, the new permitholder shall be 1072
1504	1504	authorized to operate a harness horse facility anywhere in the 1073
1505	1505	same county in which the escheated permit was authorized to be 1074
1506	1506	operated, notwithstanding the provisions of s. 550.054(2) 1075
1507	1507
1508	1508	HB 7041 2022
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1515	1515	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
1516	1516
1517	1517	relating to mileage limitations. 1076
1518	1518	Section 18. Paragraphs (a), (b), (d), (e), and (f) of 1077
1519	1519	subsection (2) of section 550.09514, Florida Statutes, are 1078
1520	1520	amended to read: 1079
1521	1521	550.09514 Greyhound dogracing taxes; purse requirements. — 1080
1522	1522	(2)(a) The commission division shall determine for each 1081
1523	1523	greyhound permitholder the annual purse percentage rate of live 1082
1524	1524	handle for the state fiscal year 1993 -1994 by dividing total 1083
1525	1525	purses paid on live handle by the permitholder, exclusive of 1084
1526	1526	payments made from outside sources, during the 1993 -1994 state 1085
1527	1527	fiscal year by the permitholder's live handle for the 1993 -1994 1086
1528	1528	state fiscal year. Each permitholder shall pay as purses for 1087
1529	1529	live races conducted during its current race meet a percentage 1088
1530	1530	of its live handle not less than the percentage determined under 1089
1531	1531	this paragraph, exclusive of payments made by outside sources, 1090
1532	1532	for its 1993-1994 state fiscal year. 1091
1533	1533	(b) Except as otherwise set forth herein, in addition to 1092
1534	1534	the minimum purse percentage required by paragraph (a), each 1093
1535	1535	permitholder shall pay as purses an annual amount equal to 75 1094
1536	1536	percent of the daily license fees paid by each permitholder for 1095
1537	1537	the 1994-1995 fiscal year. This purse supplement shall be 1096
1538	1538	disbursed weekly during the permitholder's race meet in an 1097
1539	1539	amount determined by dividing the annual purse supplement by the 1098
1540	1540	number of performances approved for the permithol der pursuant to 1099
1541	1541	its annual license and multiplying that amount by the number of 1100
1542	1542
1543	1543	HB 7041 2022
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1550	1550	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
1551	1551
1552	1552	performances conducted each week. For the greyhound 1101
1553	1553	permitholders in the county where there are two greyhound 1102
1554	1554	permitholders located as specified in s. 550.615(6), such 1103
1555	1555	permitholders shall pay in the aggregate an amount equal to 75 1104
1556	1556	percent of the daily license fees paid by such permitholders for 1105
1557	1557	the 1994-1995 fiscal year. These permitholders shall be jointly 1106
1558	1558	and severally liable for such purse payments. The additional 1107
1559	1559	purses provided by this paragraph must be used exclusively for 1108
1560	1560	purses other than stakes. The commission division shall conduct 1109
1561	1561	audits necessary to ensure compliance with this section. 1110
1562	1562	(d) The commission division shall require sufficient 1111
1563	1563	documentation from each grey hound permitholder regarding purses 1112
1564	1564	paid on live racing to assure that the annual purse percentage 1113
1565	1565	rates paid by each permitholder on the live races are not 1114
1566	1566	reduced below those paid during the 1993 -1994 state fiscal year. 1115
1567	1567	The commission division shall require sufficient documentation 1116
1568	1568	from each greyhound permitholder to assure that the purses paid 1117
1569	1569	by each permitholder on the greyhound intertrack and simulcast 1118
1570	1570	broadcasts are in compliance with the requirements of paragraph 1119
1571	1571	(c). 1120
1572	1572	(e) In addition to the purse requirements of paragraphs 1121
1573	1573	(a)-(c), each greyhound permitholder shall pay as purses an 1122
1574	1574	amount equal to one-third of the amount of the tax reduction on 1123
1575	1575	live and simulcast handle applicable to such permitholder as a 1124
1576	1576	result of the reductions in tax rates prov ided by this act 1125
1577	1577
1578	1578	HB 7041 2022
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1585	1585	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
1586	1586
1587	1587	through the amendments to s. 550.0951(3). With respect to 1126
1588	1588	intertrack wagering when the host and guest tracks are greyhound 1127
1589	1589	permitholders not within the same market area, an amount equal 1128
1590	1590	to the tax reduction applicable to the guest track ha ndle as a 1129
1591	1591	result of the reduction in tax rate provided by this act through 1130
1592	1592	the amendment to s. 550.0951(3) shall be distributed to the 1131
1593	1593	guest track, one-third of which amount shall be paid as purses 1132
1594	1594	at the guest track. However, if the guest track is a greyh ound 1133
1595	1595	permitholder within the market area of the host or if the guest 1134
1596	1596	track is not a greyhound permitholder, an amount equal to such 1135
1597	1597	tax reduction applicable to the guest track handle shall be 1136
1598	1598	retained by the host track, one -third of which amount shall be 1137
1599	1599	paid as purses at the host track. These purse funds shall be 1138
1600	1600	disbursed in the week received if the permitholder conducts at 1139
1601	1601	least one live performance during that week. If the permitholder 1140
1602	1602	does not conduct at least one live performance during the week 1141
1603	1603	in which the purse funds are received, the purse funds shall be 1142
1604	1604	disbursed weekly during the permitholder's next race meet in an 1143
1605	1605	amount determined by dividing the purse amount by the number of 1144
1606	1606	performances approved for the permitholder pursuant to its 1145
1607	1607	annual license, and multiplying that amount by the number of 1146
1608	1608	performances conducted each week. The commission division shall 1147
1609	1609	conduct audits necessary to ensure compliance with this 1148
1610	1610	paragraph. 1149
1611	1611	(f) Each greyhound permitholder shall, during the 1150
1612	1612
1613	1613	HB 7041 2022
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1620	1620	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
1621	1621
1622	1622	permitholder's race me et, supply kennel operators and the 1151
1623	1623	commission Division of Pari-Mutuel Wagering with a weekly report 1152
1624	1624	showing purses paid on live greyhound races and all greyhound 1153
1625	1625	intertrack and simulcast broadcasts, including both as a guest 1154
1626	1626	and a host together with the h andle or commission calculations 1155
1627	1627	on which such purses were paid and the transmission costs of 1156
1628	1628	sending the simulcast or intertrack broadcasts, so that the 1157
1629	1629	kennel operators may determine statutory and contractual 1158
1630	1630	compliance. 1159
1631	1631	Section 19. Paragraph (b) of subsection (3) of section 1160
1632	1632	550.09515, Florida Statutes, is amended to read: 1161
1633	1633	550.09515 Thoroughbred horse taxes; abandoned interest in 1162
1634	1634	a permit for nonpayment of taxes. — 1163
1635	1635	(3) 1164
1636	1636	(b) In order to maximize the tax revenues to the state, 1165
1637	1637	the commission division shall reissue an escheated thoroughbred 1166
1638	1638	horse permit to a qualified applicant pursuant to the provisions 1167
1639	1639	of this chapter as for the issuance of an initial permit. 1168
1640	1640	However, the provisions of this chapter relating to referendum 1169
1641	1641	requirements for a pari -mutuel permit shall not apply to the 1170
1642	1642	reissuance of an escheated thoroughbred horse permit. As 1171
1643	1643	specified in the application and upon approval by the commission 1172
1644	1644	division of an application for the permit, the new permitholder 1173
1645	1645	shall be authorized to operate a thoro ughbred horse facility 1174
1646	1646	anywhere in the same county in which the escheated permit was 1175
1647	1647
1648	1648	HB 7041 2022
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1655	1655	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
1656	1656
1657	1657	authorized to be operated, notwithstanding the provisions of s. 1176
1658	1658	550.054(2) relating to mileage limitations. 1177
1659	1659	Section 20. Subsection (1), paragraph (b) of subsection 1178
1660	1660	(2), paragraphs (a), (b), (c), (e), and (f) of subsection (5), 1179
1661	1661	subsections (6), (7), and (8), and paragraphs (a), (c), and (d) 1180
1662	1662	of subsection (10) of section 550.105, Florida Statutes, are 1181
1663	1663	amended to read: 1182
1664	1664	550.105 Occupational licenses of racetrack employees ; 1183
1665	1665	fees; denial, suspension, and revocation of license; penalties 1184
1666	1666	and fines.— 1185
1667	1667	(1) Each person connected with a racetrack or jai alai 1186
1668	1668	fronton, as specified in paragraph (2)(a), shall purchase from 1187
1669	1669	the commission division an occupational license. All moneys 1188
1670	1670	collected pursuant to this section each fiscal year shall be 1189
1671	1671	deposited into the Pari -mutuel Wagering Trust Fund. Pursuant to 1190
1672	1672	the rules adopted by the commission division, an occupational 1191
1673	1673	license may be valid for a period of up to 3 years for a fee 1192
1674	1674	that does not exceed the full occupational license fee for each 1193
1675	1675	of the years for which the license is purchased. The 1194
1676	1676	occupational license shall be valid during its specified term at 1195
1677	1677	any pari-mutuel facility. 1196
1678	1678	(2) 1197
1679	1679	(b) The commission division shall adopt rules pertaining 1198
1680	1680	to pari-mutuel occupational licenses, licensing periods, and 1199
1681	1681	renewal cycles. 1200
1682	1682
1683	1683	HB 7041 2022
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1690	1690	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
1691	1691
1692	1692	(5)(a) The commission division may: 1201
1693	1693	1. Deny a license to or revoke, suspend, or place 1202
1694	1694	conditions upon or restrictions on a license of any person who 1203
1695	1695	has been refused a license by any other state racing commission 1204
1696	1696	or racing authority; 1205
1697	1697	2. Deny, suspend, or place conditions on a license of any 1206
1698	1698	person who is under suspension or has unpaid fines in another 1207
1699	1699	jurisdiction; 1208
1700	1700	1209
1701	1701	if the state racing commission or racing authorit y of such other 1210
1702	1702	state or jurisdiction extends to the commission division 1211
1703	1703	reciprocal courtesy to maintain the disciplinary control. 1212
1704	1704	(b) The commission division may deny, suspend, revoke, or 1213
1705	1705	declare ineligible any occupational license if the applicant for 1214
1706	1706	or holder thereof has violated the provisions of this chapter or 1215
1707	1707	the rules of the commission division governing the conduct of 1216
1708	1708	persons connected with racetracks and frontons. In addition, the 1217
1709	1709	commission division may deny, suspend, revoke, or declare 1218
1710	1710	ineligible any occupational license if the applicant for such 1219
1711	1711	license has been convicted in this state, in any other state, or 1220
1712	1712	under the laws of the United States of a capital felony, a 1221
1713	1713	felony, or an offense in any other state which would be a felony 1222
1714	1714	under the laws of this state involving arson; trafficking in, 1223
1715	1715	conspiracy to traffic in, smuggling, importing, conspiracy to 1224
1716	1716	smuggle or import, or delivery, sale, or distri bution of a 1225
1717	1717
1718	1718	HB 7041 2022
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1725	1725	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
1726	1726
1727	1727	controlled substance; or a crime involving a lack of good moral 1226
1728	1728	character, or has had a pari -mutuel license revoked by this 1227
1729	1729	state or any other jurisdiction for an offense related to pari -1228
1730	1730	mutuel wagering. 1229
1731	1731	(c) The commission division may deny, declare ineligible, 1230
1732	1732	or revoke any occupational license if the applicant for such 1231
1733	1733	license has been convicted of a felony or misdemeanor in this 1232
1734	1734	state, in any other state, or under the laws of the United 1233
1735	1735	States, if such felony or misdemeanor is related to ga mbling or 1234
1736	1736	bookmaking, as contemplated in s. 849.25, or involves cruelty to 1235
1737	1737	animals. If the applicant establishes that she or he is of good 1236
1738	1738	moral character, that she or he has been rehabilitated, and that 1237
1739	1739	the crime she or he was convicted of is not related to pari-1238
1740	1740	mutuel wagering and is not a capital offense, the restrictions 1239
1741	1741	excluding offenders may be waived by the director of the 1240
1742	1742	commission division. 1241
1743	1743	(e) If an occupational license will expire by commission 1242
1744	1744	division rule during the period of a suspension the commission 1243
1745	1745	division intends to impose, or if a license would have expired 1244
1746	1746	but for pending administrative charges and the occupational 1245
1747	1747	licensee is found to be in violation of any of the charges, the 1246
1748	1748	license may be revoked and a time period of license 1247
1749	1749	ineligibility may be declared. The commission division may bring 1248
1750	1750	administrative charges against any person not holding a current 1249
1751	1751	license for violations of statutes or rules which occurred while 1250
1752	1752
1753	1753	HB 7041 2022
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1760	1760	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
1761	1761
1762	1762	such person held an occupational license, and the commission 1251
1763	1763	division may declare such person ineligible to hold a license 1252
1764	1764	for a period of time. The commission division may impose a civil 1253
1765	1765	fine of up to $1,000 for each violation of the rules of the 1254
1766	1766	commission division in addition to or in lieu of any other 1255
1767	1767	penalty provided for in this section. In addition to any other 1256
1768	1768	penalty provided by law, the commission division may exclude 1257
1769	1769	from all pari-mutuel facilities in this state, for a period not 1258
1770	1770	to exceed the period of suspension, revocation, or 1259
1771	1771	ineligibility, any person whos e occupational license application 1260
1772	1772	has been denied by the commission division, who has been 1261
1773	1773	declared ineligible to hold an occupational license, or whose 1262
1774	1774	occupational license has been suspended or revoked by the 1263
1775	1775	commission division. 1264
1776	1776	(f) The commission division may cancel any occupational 1265
1777	1777	license that has been voluntarily relinquished by the licensee. 1266
1778	1778	(6) In order to promote the orderly presentation of pari -1267
1779	1779	mutuel meets authorized in this chapter, the commission division 1268
1780	1780	may issue a temporary occupationa l license. The commission 1269
1781	1781	division shall adopt rules to implement this subsection. 1270
1782	1782	However, no temporary occupational license shall be valid for 1271
1783	1783	more than 90 days, and no more than one temporary license may be 1272
1784	1784	issued for any person in any year. 1273
1785	1785	(7) The commission division may deny, revoke, or suspend 1274
1786	1786	any occupational license if the applicant therefor or holder 1275
1787	1787
1788	1788	HB 7041 2022
1789	1789
1790	1790
1791	1791
1792	1792	CODING: Words stricken are deletions; words underlined are additions.
1793	1793	hb7041-00
1794	1794	Page 52 of 163
1795	1795	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
1796	1796
1797	1797	thereof accumulates unpaid obligations or defaults in 1276
1798	1798	obligations, or issues drafts or checks that are dishonored or 1277
1799	1799	for which payment is refused w ithout reasonable cause, if such 1278
1800	1800	unpaid obligations, defaults, or dishonored or refused drafts or 1279
1801	1801	checks directly relate to the sport of jai alai or racing being 1280
1802	1802	conducted at a pari-mutuel facility within this state. 1281
1803	1803	(8) The commission division may fine, or suspend or 1282
1804	1804	revoke, or place conditions upon, the license of any licensee 1283
1805	1805	who under oath knowingly provides false information regarding an 1284
1806	1806	investigation by the commission division. 1285
1807	1807	(10)(a) Upon application for an occupational license, the 1286
1808	1808	commission division may require the applicant's full legal name; 1287
1809	1809	any nickname, alias, or maiden name for the applicant; name of 1288
1810	1810	the applicant's spouse; the applicant's date of birth, residence 1289
1811	1811	address, mailing address, residence address and business phone 1290
1812	1812	number, and social security number; disclosure of any felony or 1291
1813	1813	any conviction involving bookmaking, illegal gambling, or 1292
1814	1814	cruelty to animals; disclosure of any past or present 1293
1815	1815	enforcement or actions by any racing or gaming agency against 1294
1816	1816	the applicant; and any inform ation the commission division 1295
1817	1817	determines is necessary to establish the identity of the 1296
1818	1818	applicant or to establish that the applicant is of good moral 1297
1819	1819	character. Fingerprints shall be taken in a manner approved by 1298
1820	1820	the commission division and then shall be su bmitted to the 1299
1821	1821	Federal Bureau of Investigation, or to the association of state 1300
1822	1822
1823	1823	HB 7041 2022
1824	1824
1825	1825
1826	1826
1827	1827	CODING: Words stricken are deletions; words underlined are additions.
1828	1828	hb7041-00
1829	1829	Page 53 of 163
1830	1830	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
1831	1831
1832	1832	officials regulating pari -mutuel wagering pursuant to the 1301
1833	1833	Federal Pari-mutuel Licensing Simplification Act of 1988. The 1302
1834	1834	cost of processing fingerprints shall be borne by the app licant 1303
1835	1835	and paid to the association of state officials regulating pari -1304
1836	1836	mutuel wagering from the trust fund to which the processing fees 1305
1837	1837	are deposited. The commission division, by rule, may require 1306
1838	1838	additional information from licensees which is reasonably 1307
1839	1839	necessary to regulate the industry. The commission division may, 1308
1840	1840	by rule, exempt certain occupations or groups of persons from 1309
1841	1841	the fingerprinting requirements. 1310
1842	1842	(c) The Department of Law Enforcement shall search all 1311
1843	1843	arrest fingerprints received pursuant to s. 943.051 against the 1312
1844	1844	fingerprints retained in the statewide automated biometric 1313
1845	1845	identification system under paragraph (b). Any arrest record 1314
1846	1846	that is identified with the retained fingerprints of a person 1315
1847	1847	subject to the criminal history screening requireme nts of this 1316
1848	1848	section shall be reported to the commission division. Each 1317
1849	1849	licensee shall pay a fee to the commission division for the cost 1318
1850	1850	of retention of the fingerprints and the ongoing searches under 1319
1851	1851	this paragraph. The commission division shall forward the 1320
1852	1852	payment to the Department of Law Enforcement. The amount of the 1321
1853	1853	fee to be imposed for performing these searches and the 1322
1854	1854	procedures for the retention of licensee fingerprints shall be 1323
1855	1855	as established by rule of the Department of Law Enforcement. The 1324
1856	1856	commission division shall inform the Department of Law 1325
1857	1857
1858	1858	HB 7041 2022
1859	1859
1860	1860
1861	1861
1862	1862	CODING: Words stricken are deletions; words underlined are additions.
1863	1863	hb7041-00
1864	1864	Page 54 of 163
1865	1865	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
1866	1866
1867	1867	Enforcement of any change in the license status of licensees 1326
1868	1868	whose fingerprints are retained under paragraph (b). 1327
1869	1869	(d) The commission division shall request the Department 1328
1870	1870	of Law Enforcement to forward the fingerprints to the Federal 1329
1871	1871	Bureau of Investigation for a national criminal history records 1330
1872	1872	check at least once every 5 years following issuance of a 1331
1873	1873	license. If the fingerprints of a person who is licensed have 1332
1874	1874	not been retained by the Department of Law E nforcement, the 1333
1875	1875	person must file a complete set of fingerprints as provided in 1334
1876	1876	paragraph (a). The commission division shall collect the fees 1335
1877	1877	for the cost of the national criminal history records check 1336
1878	1878	under this paragraph and forward the payment to the Dep artment 1337
1879	1879	of Law Enforcement. The cost of processing fingerprints and 1338
1880	1880	conducting a criminal history records check under this paragraph 1339
1881	1881	for a general occupational license shall be borne by the 1340
1882	1882	applicant. The cost of processing fingerprints and conducting a 1341
1883	1883	criminal history records check under this paragraph for a 1342
1884	1884	business or professional occupational license shall be borne by 1343
1885	1885	the person being checked. The Department of Law Enforcement may 1344
1886	1886	invoice the commission division for the fingerprints submitted 1345
1887	1887	each month. Under penalty of perjury, each person who is 1346
1888	1888	licensed or who is fingerprinted as required by this section 1347
1889	1889	must agree to inform the commission division within 48 hours if 1348
1890	1890	he or she is convicted of or has entered a plea of guilty or 1349
1891	1891	nolo contendere to any disqualifying offense, regardless of 1350
1892	1892
1893	1893	HB 7041 2022
1894	1894
1895	1895
1896	1896
1897	1897	CODING: Words stricken are deletions; words underlined are additions.
1898	1898	hb7041-00
1899	1899	Page 55 of 163
1900	1900	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
1901	1901
1902	1902	adjudication. 1351
1903	1903	Section 21. Subsection (1) of section 550.1155, Florida 1352
1904	1904	Statutes, is amended to read: 1353
1905	1905	550.1155 Authority of stewards, judges, panel of judges, 1354
1906	1906	or player's manager to impose penalties against occupat ional 1355
1907	1907	licensees; disposition of funds collected. — 1356
1908	1908	(1) The stewards at a horse racetrack or the judges, a 1357
1909	1909	panel of judges, or a player's manager at a jai alai fronton may 1358
1910	1910	impose a civil penalty against any occupational licensee for 1359
1911	1911	violation of the pari -mutuel laws or any rule adopted by the 1360
1912	1912	commission division. The penalty may not exceed $1,000 for each 1361
1913	1913	count or separate offense or exceed 60 days of suspension for 1362
1914	1914	each count or separate offense. 1363
1915	1915	Section 22. Subsection (2) and paragraph (a) of subsecti on 1364
1916	1916	(3) of section 550.125, Florida Statutes, are amended to read: 1365
1917	1917	550.125 Uniform reporting system; bond requirement. — 1366
1918	1918	(2)(a) Each permitholder that conducts race meetings or 1367
1919	1919	jai alai exhibitions under this chapter shall keep records that 1368
1920	1920	clearly show the total number of admissions and the total amount 1369
1921	1921	of money contributed to each pari -mutuel pool on each race or 1370
1922	1922	exhibition separately and the amount of money received daily 1371
1923	1923	from admission fees and, within 120 days after the end of its 1372
1924	1924	fiscal year, shall submit to the commission division a complete 1373
1925	1925	annual report of its accounts, audited by a certified public 1374
1926	1926	accountant licensed to practice in the state. 1375
1927	1927
1928	1928	HB 7041 2022
1929	1929
1930	1930
1931	1931
1932	1932	CODING: Words stricken are deletions; words underlined are additions.
1933	1933	hb7041-00
1934	1934	Page 56 of 163
1935	1935	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
1936	1936
1937	1937	(b) The commission division shall adopt rules specifying 1376
1938	1938	the form and content of such reports, includi ng, but not limited 1377
1939	1939	to, requirements for a statement of assets and liabilities, 1378
1940	1940	operating revenues and expenses, and net worth, which statement 1379
1941	1941	must be audited by a certified public accountant licensed to 1380
1942	1942	practice in this state, and any supporting informat ional 1381
1943	1943	schedule found necessary by the commission division to verify 1382
1944	1944	the foregoing financial statement, which informational schedule 1383
1945	1945	must be attested to under oath by the permitholder or an officer 1384
1946	1946	of record, to permit the commission division to: 1385
1947	1947	1. Assess the profitability and financial soundness of 1386
1948	1948	permitholders, both individually and as an industry; 1387
1949	1949	2. Plan and recommend measures necessary to preserve and 1388
1950	1950	protect the pari-mutuel revenues of the state; and 1389
1951	1951	3. Completely identify the holdings, transac tions, and 1390
1952	1952	investments of permitholders with other business entities. 1391
1953	1953	(c) The Auditor General and the Office of Program Policy 1392
1954	1954	Analysis and Government Accountability may, pursuant to their 1393
1955	1955	own authority or at the direction of the Legislative Auditing 1394
1956	1956	Committee, audit, examine, and check the books and records of 1395
1957	1957	any permitholder. These audit reports shall become part of, and 1396
1958	1958	be maintained in, the commission division files. 1397
1959	1959	(d) The commission division shall annually review the 1398
1960	1960	books and records of each pe rmitholder and verify that the 1399
1961	1961	breaks and unclaimed ticket payments made by each permitholder 1400
1962	1962
1963	1963	HB 7041 2022
1964	1964
1965	1965
1966	1966
1967	1967	CODING: Words stricken are deletions; words underlined are additions.
1968	1968	hb7041-00
1969	1969	Page 57 of 163
1970	1970	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
1971	1971
1972	1972	are true and correct. 1401
1973	1973	(3)(a) Each permitholder to which a license is granted 1402
1974	1974	under this chapter, at its own cost and expense, must, before 1403
1975	1975	the license is delive red, give a bond in the penal sum of 1404
1976	1976	$50,000 payable to the Governor of the state and her or his 1405
1977	1977	successors in office, with a surety or sureties to be approved 1406
1978	1978	by the commission division and the Chief Financial Officer, 1407
1979	1979	conditioned to faithfully make the payments to the Chief 1408
1980	1980	Financial Officer in her or his capacity as treasurer of the 1409
1981	1981	commission division; to keep its books and records and make 1410
1982	1982	reports as provided; and to conduct its raci ng in conformity 1411
1983	1983	with this chapter. When the greatest amount of tax owed during 1412
1984	1984	any month in the prior state fiscal year, in which a full 1413
1985	1985	schedule of live racing was conducted, is less than $50,000, the 1414
1986	1986	commission division may assess a bond in a sum less t han 1415
1987	1987	$50,000. The commission division may review the bond for 1416
1988	1988	adequacy and require adjustments each fiscal year. The 1417
1989	1989	commission division has the authority to adopt rules to 1418
1990	1990	implement this paragraph and establish guidelines for such 1419
1991	1991	bonds. 1420
1992	1992	Section 23. Subsection (1) of section 550.155, Florida 1421
1993	1993	Statutes, is amended to read: 1422
1994	1994	550.155 Pari-mutuel pool within track enclosure; takeouts; 1423
1995	1995	breaks; penalty for purchasing part of a pari -mutuel pool for or 1424
1996	1996	through another in specified circumstances. — 1425
1997	1997
1998	1998	HB 7041 2022
1999	1999
2000	2000
2001	2001
2002	2002	CODING: Words stricken are deletions; words underlined are additions.
2003	2003	hb7041-00
2004	2004	Page 58 of 163
2005	2005	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
2006	2006
2007	2007	(1) Wagering on the results of a horserace, dograce, or on 1426
2008	2008	the scores or points of a jai alai game and the sale of tickets 1427
2009	2009	or other evidences showing an interest in or a contribution to a 1428
2010	2010	pari-mutuel pool are allowed within the enclosure of any pari -1429
2011	2011	mutuel facility licensed and conducted under this chapter but 1430
2012	2012	are not allowed elsewhere in this state, must be supervised by 1431
2013	2013	the commission division, and are subject to such reasonable 1432
2014	2014	rules that the commission division prescribes. 1433
2015	2015	Section 24. Section 550.175, Florida S tatutes, is amended 1434
2016	2016	to read: 1435
2017	2017	550.175 Petition for election to revoke permit. —Upon 1436
2018	2018	petition of 20 percent of the qualified electors of any county 1437
2019	2019	wherein any pari-mutuel wagering has been licensed and conducted 1438
2020	2020	under this chapter, the county commissioners of such county 1439
2021	2021	shall provide for the submission to the electors of such county 1440
2022	2022	at the then next succeeding general election the question of 1441
2023	2023	whether any permit or permits theretofore granted shall be 1442
2024	2024	continued or revoked, and if a majority of the electors voting 1443
2025	2025	on such question in such election vote to cancel or recall the 1444
2026	2026	permit theretofore given, the commission division may not 1445
2027	2027	thereafter grant any license on the permit so recalled. Every 1446
2028	2028	signature upon every recall petition must be signed in the 1447
2029	2029	presence of the clerk of the board of county commissioners at 1448
2030	2030	the office of the clerk of the circuit court of the county, and 1449
2031	2031	the petitioner must present at the time of such signing her or 1450
2032	2032
2033	2033	HB 7041 2022
2034	2034
2035	2035
2036	2036
2037	2037	CODING: Words stricken are deletions; words underlined are additions.
2038	2038	hb7041-00
2039	2039	Page 59 of 163
2040	2040	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
2041	2041
2042	2042	his registration receipt showing the petitioner's qualification 1451
2043	2043	as an elector of the county at the time of the signing of the 1452
2044	2044	petition. Not more than one permit may be included in any one 1453
2045	2045	petition; and, in all elections in which the recall of more than 1454
2046	2046	one permit is voted on, the voters shall be given an opportunity 1455
2047	2047	to vote for or against the recall of each permit separately. 1456
2048	2048	Nothing in this chapter shall be construed to prevent the 1457
2049	2049	holding of later referendum or recall elections. 1458
2050	2050	Section 25. Subsections (1), (3), and (5) of section 1459
2051	2051	550.1815, Florida Statutes, are amended to read: 1460
2052	2052	550.1815 Certain persons prohibited from holding racing or 1461
2053	2053	jai alai permits; suspension and revocation. — 1462
2054	2054	(1) A corporation, general or limited partnership, sole 1463
2055	2055	proprietorship, business trust, joint venture, or unincorporated 1464
2056	2056	association, or other business entity may not hold any 1465
2057	2057	horseracing or greyhound permit or jai alai fronton permit in 1466
2058	2058	this state if any one of the persons or entities specified in 1467
2059	2059	paragraph (a) has been determined by the commission division not 1468
2060	2060	to be of good moral character or has been convicted of any 1469
2061	2061	offense specified in paragraph (b). 1470
2062	2062	(a)1. The permitholder; 1471
2063	2063	2. An employee of the p ermitholder; 1472
2064	2064	3. The sole proprietor of the permitholder; 1473
2065	2065	4. A corporate officer or director of the permitholder; 1474
2066	2066	5. A general partner of the permitholder; 1475
2067	2067
2068	2068	HB 7041 2022
2069	2069
2070	2070
2071	2071
2072	2072	CODING: Words stricken are deletions; words underlined are additions.
2073	2073	hb7041-00
2074	2074	Page 60 of 163
2075	2075	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
2076	2076
2077	2077	6. A trustee of the permitholder; 1476
2078	2078	7. A member of an unincorporated association permitholder ; 1477
2079	2079	8. A joint venturer of the permitholder; 1478
2080	2080	9. The owner of more than 5 percent of any equity interest 1479
2081	2081	in the permitholder, whether as a common shareholder, general or 1480
2082	2082	limited partner, voting trustee, or trust beneficiary; or 1481
2083	2083	10. An owner of any inter est in the permit or 1482
2084	2084	permitholder, including any immediate family member of the 1483
2085	2085	owner, or holder of any debt, mortgage, contract, or concession 1484
2086	2086	from the permitholder, who by virtue thereof is able to control 1485
2087	2087	the business of the permitholder. 1486
2088	2088	(b)1. A felony in this state; 1487
2089	2089	2. Any felony in any other state which would be a felony 1488
2090	2090	if committed in this state under the laws of this state; 1489
2091	2091	3. Any felony under the laws of the United States; 1490
2092	2092	4. A felony under the laws of another state if related to 1491
2093	2093	gambling which would be a felony under the laws of this state if 1492
2094	2094	committed in this state; or 1493
2095	2095	5. Bookmaking as defined in s. 849.25. 1494
2096	2096	(3) After notice and hearing, the commission division 1495
2097	2097	shall refuse to issue or renew or shall suspend, as appropriate, 1496
2098	2098	any permit found in violation of subsection (1). The order shall 1497
2099	2099	become effective 120 days after service of the order upon the 1498
2100	2100	permitholder and shall be amended to constitute a final order of 1499
2101	2101	revocation unless the permitholder has, within that period of 1500
2102	2102
2103	2103	HB 7041 2022
2104	2104
2105	2105
2106	2106
2107	2107	CODING: Words stricken are deletions; words underlined are additions.
2108	2108	hb7041-00
2109	2109	Page 61 of 163
2110	2110	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
2111	2111
2112	2112	time, either caused the divestiture, or agreed with the 1501
2113	2113	convicted person upon a complete immediate divestiture, of her 1502
2114	2114	or his holding, or has petitioned the circuit court as provided 1503
2115	2115	in subsection (4) or, in the case of corporate officers or 1504
2116	2116	directors of the holder or employees of the holder, has 1505
2117	2117	terminated the relationship between the permitholder and those 1506
2118	2118	persons mentioned. The commission division may, by order, extend 1507
2119	2119	the 120-day period for divestiture, upon good cause shown, to 1508
2120	2120	avoid interruption of any jai alai o r race meeting or to 1509
2121	2121	otherwise effectuate this section. If no action has been taken 1510
2122	2122	by the permitholder within the 120 -day period following the 1511
2123	2123	issuance of the order of suspension, the commission division 1512
2124	2124	shall, without further notice or hearing, enter a f inal order of 1513
2125	2125	revocation of the permit. When any permitholder or sole 1514
2126	2126	proprietor of a permitholder is convicted of an offense 1515
2127	2127	specified in paragraph (1)(b), the commission department may 1516
2128	2128	approve a transfer of the permit to a qualified applicant, upon 1517
2129	2129	a finding that revocation of the permit would impair the state's 1518
2130	2130	revenue from the operation of the permit or otherwise be 1519
2131	2131	detrimental to the interests of the state in the regulation of 1520
2132	2132	the industry of pari -mutuel wagering. In such approval, no 1521
2133	2133	public referendum is required, notwithstanding any other 1522
2134	2134	provision of law. A petition for transfer after conviction must 1523
2135	2135	be filed with the commission department within 30 days after 1524
2136	2136	service upon the permitholder of the final order of revocation. 1525
2137	2137
2138	2138	HB 7041 2022
2139	2139
2140	2140
2141	2141
2142	2142	CODING: Words stricken are deletions; words underlined are additions.
2143	2143	hb7041-00
2144	2144	Page 62 of 163
2145	2145	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
2146	2146
2147	2147	The timely filing of such a petition automatically stays any 1526
2148	2148	revocation order until further order of the commission 1527
2149	2149	department. 1528
2150	2150	(5) The commission division shall make such rules for the 1529
2151	2151	photographing, fingerprinting, and obtaining of personal data of 1530
2152	2152	individuals described in parag raph (1)(a) and the obtaining of 1531
2153	2153	such data regarding the business entities described in paragraph 1532
2154	2154	(1)(a) as is necessary to effectuate the provisions of this 1533
2155	2155	section. 1534
2156	2156	Section 26. Paragraph (a) of subsection (2), paragraph (c) 1535
2157	2157	of subsection (3), and sub section (6) of section 550.24055, 1536
2158	2158	Florida Statutes, are amended to read: 1537
2159	2159	550.24055 Use of controlled substances or alcohol 1538
2160	2160	prohibited; testing of certain occupational licensees; penalty; 1539
2161	2161	evidence of test or action taken and admissibility for criminal 1540
2162	2162	prosecution limited.— 1541
2163	2163	(2) The occupational licensees, by applying for and 1542
2164	2164	holding such licenses, are deemed to have given their consents 1543
2165	2165	to submit to an approved chemical test of their breath for the 1544
2166	2166	purpose of determining the alcoholic content of their blo od and 1545
2167	2167	to a urine or blood test for the purpose of detecting the 1546
2168	2168	presence of controlled substances. Such tests shall only be 1547
2169	2169	conducted upon reasonable cause that a violation has occurred as 1548
2170	2170	shall be determined solely by the stewards at a horseracing 1549
2171	2171	meeting or the judges or board of judges at a jai alai meet. The 1550
2172	2172
2173	2173	HB 7041 2022
2174	2174
2175	2175
2176	2176
2177	2177	CODING: Words stricken are deletions; words underlined are additions.
2178	2178	hb7041-00
2179	2179	Page 63 of 163
2180	2180	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
2181	2181
2182	2182	failure to submit to such test may result in a suspension of the 1551
2183	2183	person's occupational license for a period of 10 days or until 1552
2184	2184	this section has been complied with, whichever is longer. 1553
2185	2185	(a) If there was at the time of the test 0.05 percent or 1554
2186	2186	less by weight of alcohol in the person's blood, the person is 1555
2187	2187	presumed not to have been under the influence of alcoholic 1556
2188	2188	beverages to the extent that the person's normal faculties were 1557
2189	2189	impaired, and no actio n of any sort may be taken by the 1558
2190	2190	stewards, judges, or board of judges or the commission division. 1559
2191	2191	1560
2192	2192	All tests relating to alcohol must be performed in a manner 1561
2193	2193	substantially similar, or identical, to the provisions of s. 1562
2194	2194	316.1934 and rules adopted pursuant to that section. Following a 1563
2195	2195	test of the urine or blood to determine the presence of a 1564
2196	2196	controlled substance as defined in chapter 893, if a controlled 1565
2197	2197	substance is found to exist, the stewards, judges, or board of 1566
2198	2198	judges may take such action as is permitt ed in this section. 1567
2199	2199	(3) A violation of subsection (2) is subject to the 1568
2200	2200	following penalties: 1569
2201	2201	(c) If the second violation occurred within 1 year after 1570
2202	2202	the first violation, then upon the finding of a third violation 1571
2203	2203	of this section within 1 year after th e second violation, the 1572
2204	2204	stewards, judges, or board of judges may suspend the licensee 1573
2205	2205	for up to 120 days; and the stewards, judges, or board of judges 1574
2206	2206	shall forward the results of the tests under paragraphs (a) and 1575
2207	2207
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2215	2215	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
2216	2216
2217	2217	(b) and this violation to the commission division. In addition 1576
2218	2218	to the action taken by the stewards, judges, or board of judges, 1577
2219	2219	the commission division, after a hearing, may deny, suspend, or 1578
2220	2220	revoke the occupational license of the licensee and may impose a 1579
2221	2221	civil penalty of up to $5,000 in additio n to, or in lieu of, a 1580
2222	2222	suspension or revocation, it being the intent of the Legislature 1581
2223	2223	that the commission division shall have no authority over the 1582
2224	2224	enforcement of this section until a licensee has committed the 1583
2225	2225	third violation within 2 years after the fi rst violation. 1584
2226	2226	(6) Evidence of any test or actions taken by the stewards, 1585
2227	2227	judges, or board of judges or the commission division under this 1586
2228	2228	section is inadmissible for any purpose in any court for 1587
2229	2229	criminal prosecution, it being the intent of the Legislatu re to 1588
2230	2230	provide a method and means by which the health, safety, and 1589
2231	2231	welfare of those officiating at or participating in a race meet 1590
2232	2232	or a jai alai game are sufficiently protected. However, this 1591
2233	2233	subsection does not prohibit any person so authorized from 1592
2234	2234	pursuing an independent investigation as a result of a ruling 1593
2235	2235	made by the stewards, judges, or board of judges, or the 1594
2236	2236	commission division. 1595
2237	2237	Section 27. Paragraphs (a) and (b) of subsection (1), 1596
2238	2238	subsection (2), paragraphs (a), (b), and (c) of subsection (3), 1597
2239	2239	subsection (5), paragraphs (b) and (c) of subsection (6), 1598
2240	2240	paragraphs (a), (b), (c), (d), and (e) of subsection (7), and 1599
2241	2241	subsections (9), (10), (11), and (12) of section 550.2415, 1600
2242	2242
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2250	2250	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
2251	2251
2252	2252	Florida Statutes, are amended to read: 1601
2253	2253	550.2415 Racing of animals under certain conditions 1602
2254	2254	prohibited; penalties; exceptions. — 1603
2255	2255	(1)(a) The racing of an animal that has been impermissibly 1604
2256	2256	medicated or determined to have a prohibited substance present 1605
2257	2257	is prohibited. It is a violation of this section for a person to 1606
2258	2258	impermissibly medicate an animal or for an animal to have a 1607
2259	2259	prohibited substance present resulting in a positive test for 1608
2260	2260	such medications or substances based on samples taken from the 1609
2261	2261	animal before or immediately after the racing of that animal. 1610
2262	2262	Test results and the identities of the animals being tested and 1611
2263	2263	of their trainers and owners of record are confidential and 1612
2264	2264	exempt from s. 119.07(1) and from s. 24(a), Art. I of the State 1613
2265	2265	Constitution for 10 days after testing of all samples collected 1614
2266	2266	on a particular day has b een completed and any positive test 1615
2267	2267	results derived from such samples have been reported to the 1616
2268	2268	director of the commission division or administrative action has 1617
2269	2269	been commenced. 1618
2270	2270	(b) It is a violation of this section for a race -day 1619
2271	2271	specimen to contain a le vel of a naturally occurring substance 1620
2272	2272	which exceeds normal physiological concentrations. The 1621
2273	2273	commission division may solicit input from the Department of 1622
2274	2274	Agriculture and Consumer Services and adopt rules that specify 1623
2275	2275	normal physiological concentrations of naturally occurring 1624
2276	2276	substances in the natural untreated animal and rules that 1625
2277	2277
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2285	2285	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
2286	2286
2287	2287	specify acceptable levels of environmental contaminants and 1626
2288	2288	trace levels of substances in test samples. 1627
2289	2289	(2) Administrative action may be taken by the commission 1628
2290	2290	division against an occupational licensee responsible pursuant 1629
2291	2291	to rule of the commission division for the condition of an 1630
2292	2292	animal that has been impermissibly medicated or drugged in 1631
2293	2293	violation of this section. 1632
2294	2294	(3)(a) Upon the finding of a violation of this section, 1633
2295	2295	the commission division may revoke or suspend the license or 1634
2296	2296	permit of the violator or deny a license or permit to the 1635
2297	2297	violator; impose a fine against the violator in an amount not 1636
2298	2298	exceeding the purse or sweepstakes earned by the animal in the 1637
2299	2299	race at issue or $10,000, whichever is greater; require the full 1638
2300	2300	or partial return of the purse, sweepstakes, and trophy of the 1639
2301	2301	race at issue; or impose against the violator any combination of 1640
2302	2302	such penalties. The finding of a violation of this section does 1641
2303	2303	not prohibit a prosecution for criminal acts committed. 1642
2304	2304	(b) The commission division, notwithstanding chapter 120, 1643
2305	2305	may summarily suspend the license of an occupational licensee 1644
2306	2306	responsible under this section or commission division rule for 1645
2307	2307	the condition of a race animal if the commission division 1646
2308	2308	laboratory reports the presence of a prohibited substance in the 1647
2309	2309	animal or its blood, urine, saliva, or any other bodily fluid, 1648
2310	2310	either before a race in which the animal is entered or after a 1649
2311	2311	race the animal has run. 1650
2312	2312
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2320	2320	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
2321	2321
2322	2322	(c) If an occupational licensee is summarily suspended 1651
2323	2323	under this section, the commission division shall offer the 1652
2324	2324	licensee a prompt postsuspension hearing within 72 hours, at 1653
2325	2325	which the commission division shall produce the laboratory 1654
2326	2326	report and documentation which, on its face, establishes the 1655
2327	2327	responsibility of the occupational licensee. Upon production of 1656
2328	2328	the documentation, the occupational licensee has the burden of 1657
2329	2329	proving his or her lack of responsibility. 1658
2330	2330	(5) The commission division shall implement a split -sample 1659
2331	2331	procedure for testing animals under this section. 1660
2332	2332	(a) The commission division shall notify the owner or 1661
2333	2333	trainer, the stewards, and the appropriate horsemen's 1662
2334	2334	association of all drug test results. If a drug test result is 1663
2335	2335	positive, and upon request b y the affected trainer or owner of 1664
2336	2336	the animal from which the sample was obtained, the commission 1665
2337	2337	division shall send the split sample to an approved independent 1666
2338	2338	laboratory for analysis. The commission division shall establish 1667
2339	2339	standards and rules for unifor m enforcement and shall maintain a 1668
2340	2340	list of at least five approved independent laboratories for an 1669
2341	2341	owner or trainer to select from if a drug test result is 1670
2342	2342	positive. 1671
2343	2343	(b) If the commission division laboratory's findings are 1672
2344	2344	not confirmed by the independent laboratory, no further 1673
2345	2345	administrative or disciplinary action under this section may be 1674
2346	2346	pursued. 1675
2347	2347
2348	2348	HB 7041 2022
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2355	2355	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
2356	2356
2357	2357	(c) If the independent laboratory confirms the commission 1676
2358	2358	division laboratory's positive result, the commission division 1677
2359	2359	may commence administrative proceedi ngs as prescribed in this 1678
2360	2360	chapter and consistent with chapter 120. For purposes of this 1679
2361	2361	subsection, the commission department shall in good faith 1680
2362	2362	attempt to obtain a sufficient quantity of the test fluid to 1681
2363	2363	allow both a primary test and a secondary test to be made. 1682
2364	2364	(d) For the testing of a racehorse, if there is an 1683
2365	2365	insufficient quantity of the secondary (split) sample for 1684
2366	2366	confirmation of the commission division laboratory's positive 1685
2367	2367	result, the commission division may not take further action on 1686
2368	2368	the matter against the owner or trainer, and any resulting 1687
2369	2369	license suspension must be immediately lifted. 1688
2370	2370	(e) The commission division shall require its laboratory 1689
2371	2371	and the independent laboratories to annually participate in an 1690
2372	2372	externally administered quality assurance program designed to 1691
2373	2373	assess testing proficiency in the detection and appropriate 1692
2374	2374	quantification of medications, drugs, and naturally occurring 1693
2375	2375	substances that may be administered to racing animals. The 1694
2376	2376	administrator of the quality assurance program shall report its 1695
2377	2377	results and findings to the commission division and the 1696
2378	2378	Department of Agriculture and Consumer Services. 1697
2379	2379	(6) 1698
2380	2380	(b) Any act committed by any licensee that would 1699
2381	2381	constitute cruelty to animals as defined in s. 828.02 involving 1700
2382	2382
2383	2383	HB 7041 2022
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2390	2390	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
2391	2391
2392	2392	any animal constitutes a violation of this chapter. Imposition 1701
2393	2393	of any penalty by the commission division for violation of this 1702
2394	2394	chapter or any rule adopted by the commission division pursuant 1703
2395	2395	to this chapter shall not prohibit a criminal prosecution for 1704
2396	2396	cruelty to animals. 1705
2397	2397	(c) The commission division may inspect any area at a 1706
2398	2398	pari-mutuel facility where racing animals are raced, trained, 1707
2399	2399	housed, or maintained, including any areas where food, 1708
2400	2400	medications, or other supplies are kept, to ensure the humane 1709
2401	2401	treatment of racing animals and compliance with this chapter and 1710
2402	2402	the rules of the commission division. 1711
2403	2403	(7)(a) In order to protect the safety and welfare of 1712
2404	2404	racing animals and the integrity of the races in which the 1713
2405	2405	animals participate, the commission division shall adopt rules 1714
2406	2406	establishing the conditions of use and maximum concentrations of 1715
2407	2407	medications, drugs, and naturally occurring substances 1716
2408	2408	identified in the Controlled Therapeutic Medication Schedule, 1717
2409	2409	Version 2.1, revised April 17, 2014, adopted by the Association 1718
2410	2410	of Racing Commissioners International, Inc. Controlled 1719
2411	2411	therapeutic medications include only the specific medications 1720
2412	2412	and concentrations allowed in biological samples which have been 1721
2413	2413	approved by the Association of Racing Commissioners 1722
2414	2414	International, Inc., as controlled therapeutic medications. 1723
2415	2415	(b) The commission division rules must designate the 1724
2416	2416	appropriate biological specimens by whic h the administration of 1725
2417	2417
2418	2418	HB 7041 2022
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2425	2425	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
2426	2426
2427	2427	medications, drugs, and naturally occurring substances is 1726
2428	2428	monitored and must determine the testing methodologies, 1727
2429	2429	including measurement uncertainties, for screening such 1728
2430	2430	specimens to confirm the presence of medications, drugs, and 1729
2431	2431	naturally occurring substances. 1730
2432	2432	(c) The commission division rules must include a 1731
2433	2433	classification system for drugs and substances and a 1732
2434	2434	corresponding penalty schedule for violations which incorporates 1733
2435	2435	the Uniform Classification Guidelines for Foreign Substa nces, 1734
2436	2436	Version 8.0, revised December 2014, by the Association of Racing 1735
2437	2437	Commissioners International, Inc. The commission division shall 1736
2438	2438	adopt laboratory screening limits approved by the Association of 1737
2439	2439	Racing Commissioners International, Inc., for drugs and 1738
2440	2440	medications that are not included as controlled therapeutic 1739
2441	2441	medications, the presence of which in a sample may result in a 1740
2442	2442	violation of this section. 1741
2443	2443	(d) The commission division rules must include conditions 1742
2444	2444	for the use of furosemide to treat exercise -induced pulmonary 1743
2445	2445	hemorrhage. 1744
2446	2446	(e) The commission division may solicit input from the 1745
2447	2447	Department of Agriculture and Consumer Services in adopting the 1746
2448	2448	rules required under this subsection. Such rules must be adopted 1747
2449	2449	before January 1, 2016. 1748
2450	2450	(9)(a) The commission division may conduct a postmortem 1749
2451	2451	examination of any animal that is injured at a permitted 1750
2452	2452
2453	2453	HB 7041 2022
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2460	2460	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
2461	2461
2462	2462	racetrack while in training or in competition and that 1751
2463	2463	subsequently expires or is destroyed. The commission division 1752
2464	2464	may conduct a postmortem examination of an y animal that expires 1753
2465	2465	while housed at a permitted racetrack, association compound, or 1754
2466	2466	licensed farm. Trainers and owners shall be requested to comply 1755
2467	2467	with this paragraph as a condition of licensure. 1756
2468	2468	(b) The commission division may take possession of the 1757
2469	2469	animal upon death for postmortem examination. The commission 1758
2470	2470	division may submit blood, urine, other bodily fluid specimens, 1759
2471	2471	or other tissue specimens collected during a postmortem 1760
2472	2472	examination for testing by the commission division laboratory or 1761
2473	2473	its designee. Upon completion of the postmortem examination, the 1762
2474	2474	carcass must be returned to the owner or disposed of at the 1763
2475	2475	owner's option. 1764
2476	2476	(10) The presence of a prohibited substance in an animal, 1765
2477	2477	found by the commission division laboratory in a bodily fluid 1766
2478	2478	specimen collected after the race or during the postmortem 1767
2479	2479	examination of the animal, which breaks down during a race 1768
2480	2480	constitutes a violation of this section. 1769
2481	2481	(11) The cost of postmortem examinations, testing, and 1770
2482	2482	disposal must be borne by the commission division. 1771
2483	2483	(12) The commission division shall adopt rules to 1772
2484	2484	implement this section. 1773
2485	2485	Section 28. Subsection (4) of section 550.2614, Florida 1774
2486	2486	Statutes, is amended to read: 1775
2487	2487
2488	2488	HB 7041 2022
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2495	2495	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
2496	2496
2497	2497	550.2614 Distribution of certain funds to a horsemen's 1776
2498	2498	association.— 1777
2499	2499	(4) The commission division shall adopt rules to 1778
2500	2500	facilitate the orderly transfer of funds in accordance with this 1779
2501	2501	section. The commission division shall also monitor the 1780
2502	2502	membership rolls of the horsemen's association to ensure that 1781
2503	2503	complete, accurate, and timely li stings are maintained for the 1782
2504	2504	purposes specified in this section. 1783
2505	2505	Section 29. Subsection (3) of section 550.26165, Florida 1784
2506	2506	Statutes, is amended to read: 1785
2507	2507	550.26165 Breeders' awards. — 1786
2508	2508	(3) Breeders' associations shall submit their plans to the 1787
2509	2509	commission division at least 60 days before the beginning of the 1788
2510	2510	payment year. The payment year may be a calendar year or any 12 -1789
2511	2511	month period, but once established, the yearly base may not be 1790
2512	2512	changed except for compelling reasons. Once a plan is approved, 1791
2513	2513	the commission division may not allow the plan to be amended 1792
2514	2514	during the year, except for the most compelling reasons. 1793
2515	2515	Section 30. Paragraphs (b) and (d) of subsection (2), 1794
2516	2516	subsections (3) and (4), paragraphs (a), (f), (g), and (h) of 1795
2517	2517	subsection (5), paragraph (e) of subsection (6), and subsections 1796
2518	2518	(7) and (8) of section 550.2625, Florida Statutes, are amended 1797
2519	2519	to read: 1798
2520	2520	550.2625 Horseracing; minimum purse requirement, Florida 1799
2521	2521	breeders' and owners' awards. — 1800
2522	2522
2523	2523	HB 7041 2022
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2530	2530	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
2531	2531
2532	2532	(2) Each permitholder conducting a horserace meet is 1801
2533	2533	required to pay from the takeout withheld on pari -mutuel pools a 1802
2534	2534	sum for purses in accordance with the type of race performed. 1803
2535	2535	(b)1. A permitholder conducting a harness horse race meet 1804
2536	2536	under this chapter must pay to the purse pool from the takeou t 1805
2537	2537	withheld a purse requirement that totals an amount not less than 1806
2538	2538	8.25 percent of all contributions to pari -mutuel pools conducted 1807
2539	2539	during the race meet. An amount not less than 7.75 percent of 1808
2540	2540	the total handle shall be paid from this purse pool as purses. 1809
2541	2541	2. An amount not to exceed 0.5 percent of the total handle 1810
2542	2542	on all harness horse races that are subject to the purse 1811
2543	2543	requirement of subparagraph 1., must be available for use to 1812
2544	2544	provide medical, dental, surgical, life, funeral, or disability 1813
2545	2545	insurance benefits for occupational licensees who work at tracks 1814
2546	2546	in this state at which harness horse races are conducted. Such 1815
2547	2547	insurance benefits must be paid from the purse pool specified in 1816
2548	2548	subparagraph 1. An annual plan for payment of insurance benefits 1817
2549	2549	from the purse pool, including qualifications for eligibility, 1818
2550	2550	must be submitted by the Florida Standardbred Breeders and 1819
2551	2551	Owners Association for approval to the commission division. An 1820
2552	2552	annual report of the implemented plan shall be submitted to the 1821
2553	2553	commission division. All records of the Florida Standardbred 1822
2554	2554	Breeders and Owners Association concerning the administration of 1823
2555	2555	the plan must be available for audit at the discretion of the 1824
2556	2556	commission division to determine that the plan has been 1825
2557	2557
2558	2558	HB 7041 2022
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2565	2565	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
2566	2566
2567	2567	implemented and administered as authorized. If the commission 1826
2568	2568	division finds that the Florida Standardbred Breeders and Owners 1827
2569	2569	Association has not complied with the provisions of this 1828
2570	2570	section, the commission division may order the association to 1829
2571	2571	cease and desist from administering the plan and shall appoint 1830
2572	2572	the commission division as temporary administrator of the plan 1831
2573	2573	until the commission division reestablishes administration of 1832
2574	2574	the plan with the association. 1833
2575	2575	(d) The commission division shall adopt reasonable rules 1834
2576	2576	to ensure the timely and accurate payment of all amounts 1835
2577	2577	withheld by horserace permitholders regarding the distribution 1836
2578	2578	of purses, owners' awards, and other amounts collected for 1837
2579	2579	payment to owners and breeders. Each permitholder that fails to 1838
2580	2580	pay out all moneys collected f or payment to owners and breeders 1839
2581	2581	shall, within 10 days after the end of the meet during which the 1840
2582	2582	permitholder underpaid purses, deposit an amount equal to the 1841
2583	2583	underpayment into a separate interest -bearing account to be 1842
2584	2584	distributed to owners and breeders in accordance with commission 1843
2585	2585	division rules. 1844
2586	2586	(3) Each horseracing permitholder conducting any 1845
2587	2587	thoroughbred race under this chapter, including any intertrack 1846
2588	2588	race taken pursuant to ss. 550.615 -550.6305 or any interstate 1847
2589	2589	simulcast taken pursuant to s. 550 .3551(3) shall pay a sum equal 1848
2590	2590	to 0.955 percent on all pari -mutuel pools conducted during any 1849
2591	2591	such race for the payment of breeders', stallion, or special 1850
2592	2592
2593	2593	HB 7041 2022
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2600	2600	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
2601	2601
2602	2602	racing awards as authorized in this chapter. This subsection 1851
2603	2603	also applies to all Breeder's Cup races conducted outside this 1852
2604	2604	state taken pursuant to s. 550.3551(3). On any race originating 1853
2605	2605	live in this state which is broadcast out -of-state to any 1854
2606	2606	location at which wagers are accepted pursuant to s. 1855
2607	2607	550.3551(2), the host track is required to pay 3.475 perce nt of 1856
2608	2608	the gross revenue derived from such out -of-state broadcasts as 1857
2609	2609	breeders', stallion, or special racing awards. The Florida 1858
2610	2610	Thoroughbred Breeders' Association is authorized to receive 1859
2611	2611	these payments from the permitholders and make payments of 1860
2612	2612	awards earned. The Florida Thoroughbred Breeders' Association 1861
2613	2613	has the right to withhold up to 10 percent of the permitholder's 1862
2614	2614	payments under this section as a fee for administering the 1863
2615	2615	payments of awards and for general promotion of the industry. 1864
2616	2616	The permitholder shall remit these payments to the Florida 1865
2617	2617	Thoroughbred Breeders' Association by the 5th day of each 1866
2618	2618	calendar month for such sums accruing during the preceding 1867
2619	2619	calendar month and shall report such payments to the commission 1868
2620	2620	division as prescribed by the commission division. With the 1869
2621	2621	exception of the 10-percent fee, the moneys paid by the 1870
2622	2622	permitholders shall be maintained in a separate, interest -1871
2623	2623	bearing account, and such payments together with any interest 1872
2624	2624	earned shall be used exclusively for the payment of b reeders', 1873
2625	2625	stallion, or special racing awards in accordance with the 1874
2626	2626	following provisions: 1875
2627	2627
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2635	2635	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
2636	2636
2637	2637	(a) The breeder of each Florida -bred thoroughbred horse 1876
2638	2638	winning a thoroughbred horse race is entitled to an award of up 1877
2639	2639	to, but not exceeding, 20 percent of the ann ounced gross purse, 1878
2640	2640	including nomination fees, eligibility fees, starting fees, 1879
2641	2641	supplementary fees, and moneys added by the sponsor of the race. 1880
2642	2642	(b) The owner or owners of the sire of a Florida -bred 1881
2643	2643	thoroughbred horse that wins a stakes race is entitled to a 1882
2644	2644	stallion award of up to, but not exceeding, 20 percent of the 1883
2645	2645	announced gross purse, including nomination fees, eligibility 1884
2646	2646	fees, starting fees, supplementary fees, and moneys added by the 1885
2647	2647	sponsor of the race. 1886
2648	2648	(c) The owners of thoroughbred horses p articipating in 1887
2649	2649	thoroughbred stakes races, nonstakes races, or both may receive 1888
2650	2650	a special racing award in accordance with the agreement 1889
2651	2651	established pursuant to s. 550.26165(1). 1890
2652	2652	(d) In order for a breeder of a Florida -bred thoroughbred 1891
2653	2653	horse to be eligible to receive a breeder's award, the horse 1892
2654	2654	must have been registered as a Florida -bred horse with the 1893
2655	2655	Florida Thoroughbred Breeders' Association, and the Jockey Club 1894
2656	2656	certificate for the horse must show that it has been duly 1895
2657	2657	registered as a Florida -bred horse as evidenced by the seal and 1896
2658	2658	proper serial number of the Florida Thoroughbred Breeders' 1897
2659	2659	Association registry. The Florida Thoroughbred Breeders' 1898
2660	2660	Association shall be permitted to charge the registrant a 1899
2661	2661	reasonable fee for this verification and registrati on. 1900
2662	2662
2663	2663	HB 7041 2022
2664	2664
2665	2665
2666	2666
2667	2667	CODING: Words stricken are deletions; words underlined are additions.
2668	2668	hb7041-00
2669	2669	Page 77 of 163
2670	2670	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
2671	2671
2672	2672	(e) In order for an owner of the sire of a thoroughbred 1901
2673	2673	horse winning a stakes race to be eligible to receive a stallion 1902
2674	2674	award, the stallion must have been registered with the Florida 1903
2675	2675	Thoroughbred Breeders' Association, and the breeding of the 1904
2676	2676	registered Florida-bred horse must have occurred in this state. 1905
2677	2677	The stallion must be standing permanently in this state during 1906
2678	2678	the period of time between February 1 and June 15 of each year 1907
2679	2679	or, if the stallion is dead, must have stood permanently in this 1908
2680	2680	state for a period of not less than 1 year immediately prior to 1909
2681	2681	its death. The removal of a stallion from this state during the 1910
2682	2682	period of time between February 1 and June 15 of any year for 1911
2683	2683	any reason, other than exclusively for prescribed medical 1912
2684	2684	treatment, as approved by the Florida Thoroughbred Breeders' 1913
2685	2685	Association, renders the owner or owners of the stallion 1914
2686	2686	ineligible to receive a stallion award under any circumstances 1915
2687	2687	for offspring sired prior to removal; however, if a removed 1916
2688	2688	stallion is returned to this s tate, all offspring sired 1917
2689	2689	subsequent to the return make the owner or owners of the 1918
2690	2690	stallion eligible for the stallion award but only for those 1919
2691	2691	offspring sired subsequent to such return to this state. The 1920
2692	2692	Florida Thoroughbred Breeders' Association shall mai ntain 1921
2693	2693	complete records showing the date the stallion arrived in this 1922
2694	2694	state for the first time, whether or not the stallion remained 1923
2695	2695	in the state permanently, the location of the stallion, and 1924
2696	2696	whether the stallion is still standing in this state and 1925
2697	2697
2698	2698	HB 7041 2022
2699	2699
2700	2700
2701	2701
2702	2702	CODING: Words stricken are deletions; words underlined are additions.
2703	2703	hb7041-00
2704	2704	Page 78 of 163
2705	2705	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
2706	2706
2707	2707	complete records showing awards earned, received, and 1926
2708	2708	distributed. The association may charge the owner, owners, or 1927
2709	2709	breeder a reasonable fee for this service. 1928
2710	2710	(f) A permitholder conducting a thoroughbred horse race 1929
2711	2711	under the provisions of this chapter shall, wi thin 30 days after 1930
2712	2712	the end of the race meet during which the race is conducted, 1931
2713	2713	certify to the Florida Thoroughbred Breeders' Association such 1932
2714	2714	information relating to the thoroughbred horses winning a stakes 1933
2715	2715	or other horserace at the meet as may be require d to determine 1934
2716	2716	the eligibility for payment of breeders', stallion, and special 1935
2717	2717	racing awards. 1936
2718	2718	(g) The Florida Thoroughbred Breeders' Association shall 1937
2719	2719	maintain complete records showing the starters and winners in 1938
2720	2720	all races conducted at thoroughbred track s in this state; shall 1939
2721	2721	maintain complete records showing awards earned, received, and 1940
2722	2722	distributed; and may charge the owner, owners, or breeder a 1941
2723	2723	reasonable fee for this service. 1942
2724	2724	(h) The Florida Thoroughbred Breeders' Association shall 1943
2725	2725	annually establish a uniform rate and procedure for the payment 1944
2726	2726	of breeders' and stallion awards and shall make breeders' and 1945
2727	2727	stallion award payments in strict compliance with the 1946
2728	2728	established uniform rate and procedure plan. The plan may set a 1947
2729	2729	cap on winnings and may limit, exclude, or defer payments to 1948
2730	2730	certain classes of races, such as the Florida stallion stakes 1949
2731	2731	races, in order to assure that there are adequate revenues to 1950
2732	2732
2733	2733	HB 7041 2022
2734	2734
2735	2735
2736	2736
2737	2737	CODING: Words stricken are deletions; words underlined are additions.
2738	2738	hb7041-00
2739	2739	Page 79 of 163
2740	2740	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
2741	2741
2742	2742	meet the proposed uniform rate. Such plan must include proposals 1951
2743	2743	for the general promotion of the ind ustry. Priority shall be 1952
2744	2744	placed upon imposing such restrictions in lieu of allowing the 1953
2745	2745	uniform rate to be less than 15 percent of the total purse 1954
2746	2746	payment. The uniform rate and procedure plan must be approved by 1955
2747	2747	the commission division before implementatio n. In the absence of 1956
2748	2748	an approved plan and procedure, the authorized rate for 1957
2749	2749	breeders' and stallion awards is 15 percent of the announced 1958
2750	2750	gross purse for each race. Such purse must include nomination 1959
2751	2751	fees, eligibility fees, starting fees, supplementary fee s, and 1960
2752	2752	moneys added by the sponsor of the race. If the funds in the 1961
2753	2753	account for payment of breeders' and stallion awards are not 1962
2754	2754	sufficient to meet all earned breeders' and stallion awards, 1963
2755	2755	those breeders and stallion owners not receiving payments have 1964
2756	2756	first call on any subsequent receipts in that or any subsequent 1965
2757	2757	year. 1966
2758	2758	(i) The Florida Thoroughbred Breeders' Association shall 1967
2759	2759	keep accurate records showing receipts and disbursements of such 1968
2760	2760	payments and shall annually file a full and complete report to 1969
2761	2761	the commission division showing such receipts and disbursements 1970
2762	2762	and the sums withheld for administration. The commission 1971
2763	2763	division may audit the records and accounts of the Florida 1972
2764	2764	Thoroughbred Breeders' Association to determine that payments 1973
2765	2765	have been made to eligible breeders and stallion owners in 1974
2766	2766	accordance with this section. 1975
2767	2767
2768	2768	HB 7041 2022
2769	2769
2770	2770
2771	2771
2772	2772	CODING: Words stricken are deletions; words underlined are additions.
2773	2773	hb7041-00
2774	2774	Page 80 of 163
2775	2775	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
2776	2776
2777	2777	(j) If the commission division finds that the Florida 1976
2778	2778	Thoroughbred Breeders' Association has not complied with any 1977
2779	2779	provision of this section, the commission division may order the 1978
2780	2780	association to cease and desist from receiving funds and 1979
2781	2781	administering funds received under this section. If the 1980
2782	2782	commission division enters such an order, the permitholder shall 1981
2783	2783	make the payments authorized in this section to the commission 1982
2784	2784	division for deposit into the Pari-mutuel Wagering Trust Fund; 1983
2785	2785	and any funds in the Florida Thoroughbred Breeders' Association 1984
2786	2786	account shall be immediately paid to the commission Division of 1985
2787	2787	Pari-mutuel Wagering for deposit to the Pari -mutuel Wagering 1986
2788	2788	Trust Fund. The commission division shall authorize payment from 1987
2789	2789	these funds to any breeder or stallion owner entitled to an 1988
2790	2790	award that has not been previously paid by the Florida 1989
2791	2791	Thoroughbred Breeders' Association in accordance with the 1990
2792	2792	applicable rate. 1991
2793	2793	(4) Each permitholder conducting a harness horse race 1992
2794	2794	under this chapter shall pay a sum equal to the breaks on all 1993
2795	2795	pari-mutuel pools conducted during that race for the payment of 1994
2796	2796	breeders' awards, stallion awards, and stallion stakes and for 1995
2797	2797	additional expenditures as authorized in this section. The 1996
2798	2798	Florida Standardbred Breeders and Owners Association is 1997
2799	2799	authorized to receive these payments from the permitholders and 1998
2800	2800	make payments as authorized in this subsection. The Florida 1999
2801	2801	Standardbred Breeders and Own ers Association has the right to 2000
2802	2802
2803	2803	HB 7041 2022
2804	2804
2805	2805
2806	2806
2807	2807	CODING: Words stricken are deletions; words underlined are additions.
2808	2808	hb7041-00
2809	2809	Page 81 of 163
2810	2810	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
2811	2811
2812	2812	withhold up to 10 percent of the permitholder's payments under 2001
2813	2813	this section and under s. 550.2633 as a fee for administering 2002
2814	2814	these payments. The permitholder shall remit these payments to 2003
2815	2815	the Florida Standardbred Breeders a nd Owners Association by the 2004
2816	2816	5th day of each calendar month for such sums accruing during the 2005
2817	2817	preceding calendar month and shall report such payments to the 2006
2818	2818	commission division as prescribed by the commission division. 2007
2819	2819	With the exception of the 10 -percent fee for administering the 2008
2820	2820	payments and the use of the moneys authorized by paragraph (j), 2009
2821	2821	the moneys paid by the permitholders shall be maintained in a 2010
2822	2822	separate, interest-bearing account; and such payments together 2011
2823	2823	with any interest earned shall be allocat ed for the payment of 2012
2824	2824	breeders' awards, stallion awards, stallion stakes, additional 2013
2825	2825	purses, and prizes for, and the general promotion of owning and 2014
2826	2826	breeding of, Florida -bred standardbred horses. Payment of 2015
2827	2827	breeders' awards and stallion awards shall be mad e in accordance 2016
2828	2828	with the following provisions: 2017
2829	2829	(a) The breeder of each Florida -bred standardbred horse 2018
2830	2830	winning a harness horse race is entitled to an award of up to, 2019
2831	2831	but not exceeding, 20 percent of the announced gross purse, 2020
2832	2832	including nomination fees, e ligibility fees, starting fees, 2021
2833	2833	supplementary fees, and moneys added by the sponsor of the race. 2022
2834	2834	(b) The owner or owners of the sire of a Florida -bred 2023
2835	2835	standardbred horse that wins a stakes race is entitled to a 2024
2836	2836	stallion award of up to, but not exceeding, 20 percent of the 2025
2837	2837
2838	2838	HB 7041 2022
2839	2839
2840	2840
2841	2841
2842	2842	CODING: Words stricken are deletions; words underlined are additions.
2843	2843	hb7041-00
2844	2844	Page 82 of 163
2845	2845	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
2846	2846
2847	2847	announced gross purse, including nomination fees, eligibility 2026
2848	2848	fees, starting fees, supplementary fees, and moneys added by the 2027
2849	2849	sponsor of the race. 2028
2850	2850	(c) In order for a breeder of a Florida -bred standardbred 2029
2851	2851	horse to be eligible to recei ve a breeder's award, the horse 2030
2852	2852	winning the race must have been registered as a Florida -bred 2031
2853	2853	horse with the Florida Standardbred Breeders and Owners 2032
2854	2854	Association and a registration certificate under seal for the 2033
2855	2855	winning horse must show that the winner has b een duly registered 2034
2856	2856	as a Florida-bred horse as evidenced by the seal and proper 2035
2857	2857	serial number of the United States Trotting Association 2036
2858	2858	registry. The Florida Standardbred Breeders and Owners 2037
2859	2859	Association shall be permitted to charge the registrant a 2038
2860	2860	reasonable fee for this verification and registration. 2039
2861	2861	(d) In order for an owner of the sire of a standardbred 2040
2862	2862	horse winning a stakes race to be eligible to receive a stallion 2041
2863	2863	award, the stallion must have been registered with the Florida 2042
2864	2864	Standardbred Breeders and Owners Association, and the breeding 2043
2865	2865	of the registered Florida -bred horse must have occurred in this 2044
2866	2866	state. The stallion must be standing permanently in this state 2045
2867	2867	or, if the stallion is dead, must have stood permanently in this 2046
2868	2868	state for a period of n ot less than 1 year immediately prior to 2047
2869	2869	its death. The removal of a stallion from this state for any 2048
2870	2870	reason, other than exclusively for prescribed medical treatment, 2049
2871	2871	renders the owner or the owners of the stallion ineligible to 2050
2872	2872
2873	2873	HB 7041 2022
2874	2874
2875	2875
2876	2876
2877	2877	CODING: Words stricken are deletions; words underlined are additions.
2878	2878	hb7041-00
2879	2879	Page 83 of 163
2880	2880	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
2881	2881
2882	2882	receive a stallion award un der any circumstances for offspring 2051
2883	2883	sired prior to removal; however, if a removed stallion is 2052
2884	2884	returned to this state, all offspring sired subsequent to the 2053
2885	2885	return make the owner or owners of the stallion eligible for the 2054
2886	2886	stallion award but only for those o ffspring sired subsequent to 2055
2887	2887	such return to this state. The Florida Standardbred Breeders and 2056
2888	2888	Owners Association shall maintain complete records showing the 2057
2889	2889	date the stallion arrived in this state for the first time, 2058
2890	2890	whether or not the stallion remained in the state permanently, 2059
2891	2891	the location of the stallion, and whether the stallion is still 2060
2892	2892	standing in this state and complete records showing awards 2061
2893	2893	earned, received, and distributed. The association may charge 2062
2894	2894	the owner, owners, or breeder a reasonable fee for this service. 2063
2895	2895	(e) A permitholder conducting a harness horse race under 2064
2896	2896	this chapter shall, within 30 days after the end of the race 2065
2897	2897	meet during which the race is conducted, certify to the Florida 2066
2898	2898	Standardbred Breeders and Owners Association such info rmation 2067
2899	2899	relating to the horse winning a stakes or other horserace at the 2068
2900	2900	meet as may be required to determine the eligibility for payment 2069
2901	2901	of breeders' awards and stallion awards. 2070
2902	2902	(f) The Florida Standardbred Breeders and Owners 2071
2903	2903	Association shall maintain complete records showing the starters 2072
2904	2904	and winners in all races conducted at harness horse racetracks 2073
2905	2905	in this state; shall maintain complete records showing awards 2074
2906	2906	earned, received, and distributed; and may charge the owner, 2075
2907	2907
2908	2908	HB 7041 2022
2909	2909
2910	2910
2911	2911
2912	2912	CODING: Words stricken are deletions; words underlined are additions.
2913	2913	hb7041-00
2914	2914	Page 84 of 163
2915	2915	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
2916	2916
2917	2917	owners, or breeder a reasonable fee for this service. 2076
2918	2918	(g) The Florida Standardbred Breeders and Owners 2077
2919	2919	Association shall annually establish a uniform rate and 2078
2920	2920	procedure for the payment of breeders' awards, stallion awards, 2079
2921	2921	stallion stakes, additional purses, and prizes for, and for th e 2080
2922	2922	general promotion of owning and breeding of, Florida -bred 2081
2923	2923	standardbred horses and shall make award payments and 2082
2924	2924	allocations in strict compliance with the established uniform 2083
2925	2925	rate and procedure. The plan may set a cap on winnings, and may 2084
2926	2926	limit, exclude, or defer payments to certain classes of races, 2085
2927	2927	such as the Florida Breeders' stakes races, in order to assure 2086
2928	2928	that there are adequate revenues to meet the proposed uniform 2087
2929	2929	rate. Priority shall be placed on imposing such restrictions in 2088
2930	2930	lieu of allowing the uniform rate allocated to payment of 2089
2931	2931	breeder and stallion awards to be less than 10 percent of the 2090
2932	2932	total purse payment. The uniform rate and procedure must be 2091
2933	2933	approved by the commission division before implementation. In 2092
2934	2934	the absence of an approved plan an d procedure, the authorized 2093
2935	2935	rate for breeders' and stallion awards is 10 percent of the 2094
2936	2936	announced gross purse for each race. Such purse must include 2095
2937	2937	nomination fees, eligibility fees, starting fees, supplementary 2096
2938	2938	fees, and moneys added by the sponsor of th e race. If the funds 2097
2939	2939	in the account for payment of breeders' and stallion awards are 2098
2940	2940	not sufficient to meet all earned breeders' and stallion awards, 2099
2941	2941	those breeders and stallion owners not receiving payments have 2100
2942	2942
2943	2943	HB 7041 2022
2944	2944
2945	2945
2946	2946
2947	2947	CODING: Words stricken are deletions; words underlined are additions.
2948	2948	hb7041-00
2949	2949	Page 85 of 163
2950	2950	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
2951	2951
2952	2952	first call on any subsequent receipts in th at or any subsequent 2101
2953	2953	year. 2102
2954	2954	(h) The Florida Standardbred Breeders and Owners 2103
2955	2955	Association shall keep accurate records showing receipts and 2104
2956	2956	disbursements of such payments and shall annually file a full 2105
2957	2957	and complete report to the commission division showing such 2106
2958	2958	receipts and disbursements and the sums withheld for 2107
2959	2959	administration. The commission division may audit the records 2108
2960	2960	and accounts of the Florida Standardbred Breeders and Owners 2109
2961	2961	Association to determine that payments have been made to 2110
2962	2962	eligible breeders, stallion owners, and owners of Florida -bred 2111
2963	2963	standardbred horses in accordance with this section. 2112
2964	2964	(i) If the commission division finds that the Florida 2113
2965	2965	Standardbred Breeders and Owners Association has not complied 2114
2966	2966	with any provision of this section, the commission division may 2115
2967	2967	order the association to cease and desist from receiving funds 2116
2968	2968	and administering funds received under this section and under s. 2117
2969	2969	550.2633. If the commission division enters such an order, the 2118
2970	2970	permitholder shall make the payments auth orized in this section 2119
2971	2971	and s. 550.2633 to the commission division for deposit into the 2120
2972	2972	Pari-mutuel Wagering Trust Fund; and any funds in the Florida 2121
2973	2973	Standardbred Breeders and Owners Association account shall be 2122
2974	2974	immediately paid to the commission division for deposit to the 2123
2975	2975	Pari-mutuel Wagering Trust Fund. The commission division shall 2124
2976	2976	authorize payment from these funds to any breeder, stallion 2125
2977	2977
2978	2978	HB 7041 2022
2979	2979
2980	2980
2981	2981
2982	2982	CODING: Words stricken are deletions; words underlined are additions.
2983	2983	hb7041-00
2984	2984	Page 86 of 163
2985	2985	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
2986	2986
2987	2987	owner, or owner of a Florida -bred standardbred horse entitled to 2126
2988	2988	an award that has not been previously paid by the Florida 2127
2989	2989	Standardbred Breeders and Owners Association in accordance with 2128
2990	2990	the applicable rate. 2129
2991	2991	(j) The board of directors of the Florida Standardbred 2130
2992	2992	Breeders and Owners Association may authorize the release of up 2131
2993	2993	to 25 percent of the funds available for b reeders' awards, 2132
2994	2994	stallion awards, stallion stakes, additional purses, and prizes 2133
2995	2995	for, and for the general promotion of owning and breeding of, 2134
2996	2996	Florida-bred standardbred horses to be used for purses for, and 2135
2997	2997	promotion of, Florida -bred standardbred horses at race meetings 2136
2998	2998	at which there is no pari -mutuel wagering unless, and to the 2137
2999	2999	extent that, such release would render the funds available for 2138
3000	3000	such awards insufficient to pay the breeders' and stallion 2139
3001	3001	awards earned pursuant to the annual plan of the associati on. 2140
3002	3002	Any such funds so released and used for purses are not 2141
3003	3003	considered to be an "announced gross purse" as that term is used 2142
3004	3004	in paragraphs (a) and (b), and no breeders' or stallion awards, 2143
3005	3005	stallion stakes, or owner awards are required to be paid for 2144
3006	3006	standardbred horses winning races in meetings at which there is 2145
3007	3007	no pari-mutuel wagering. The amount of purses to be paid from 2146
3008	3008	funds so released and the meets eligible to receive such funds 2147
3009	3009	for purses must be approved by the board of directors of the 2148
3010	3010	Florida Standardbred Breeders and Owners Association. 2149
3011	3011	(5)(a) Except as provided in subsections (7) and (8), each 2150
3012	3012
3013	3013	HB 7041 2022
3014	3014
3015	3015
3016	3016
3017	3017	CODING: Words stricken are deletions; words underlined are additions.
3018	3018	hb7041-00
3019	3019	Page 87 of 163
3020	3020	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
3021	3021
3022	3022	permitholder conducting a quarter horse race meet under this 2151
3023	3023	chapter shall pay a sum equal to the breaks plus a sum equal to 2152
3024	3024	1 percent of all pari -mutuel pools conducted during that race 2153
3025	3025	for supplementing and augmenting purses and prizes and for the 2154
3026	3026	general promotion of owning and breeding of racing quarter 2155
3027	3027	horses in this state as authorized in this section. The Florida 2156
3028	3028	Quarter Horse Breeders and Owners Ass ociation is authorized to 2157
3029	3029	receive these payments from the permitholders and make payments 2158
3030	3030	as authorized in this subsection. The Florida Quarter Horse 2159
3031	3031	Breeders and Owners Association, Inc., referred to in this 2160
3032	3032	chapter as the Florida Quarter Horse Breeders a nd Owners 2161
3033	3033	Association, has the right to withhold up to 10 percent of the 2162
3034	3034	permitholder's payments under this section and under s. 550.2633 2163
3035	3035	as a fee for administering these payments. The permitholder 2164
3036	3036	shall remit these payments to the Florida Quarter Horse Br eeders 2165
3037	3037	and Owners Association by the 5th day of each calendar month for 2166
3038	3038	such sums accruing during the preceding calendar month and shall 2167
3039	3039	report such payments to the commission division as prescribed by 2168
3040	3040	the commission division. With the exception of the 5 -percent fee 2169
3041	3041	for administering the payments, the moneys paid by the 2170
3042	3042	permitholders shall be maintained in a separate, interest -2171
3043	3043	bearing account. 2172
3044	3044	(f) The Florida Quarter Horse Breeders and Owners 2173
3045	3045	Association shall keep accurate records showing receipts and 2174
3046	3046	disbursements of payments made under this section and shall 2175
3047	3047
3048	3048	HB 7041 2022
3049	3049
3050	3050
3051	3051
3052	3052	CODING: Words stricken are deletions; words underlined are additions.
3053	3053	hb7041-00
3054	3054	Page 88 of 163
3055	3055	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
3056	3056
3057	3057	annually file a full and complete report to the commission 2176
3058	3058	division showing such receipts and disbursements and the sums 2177
3059	3059	withheld for administration. The commission division may audit 2178
3060	3060	the records and accounts of the Florida Quarter Horse Breeders 2179
3061	3061	and Owners Association to determine that payments have been made 2180
3062	3062	in accordance with this section. 2181
3063	3063	(g) The Florida Quarter Horse Breeders and Owners 2182
3064	3064	Association shall annually establish a plan for supplemen ting 2183
3065	3065	and augmenting purses and prizes and for the general promotion 2184
3066	3066	of owning and breeding Florida -bred racing quarter horses and 2185
3067	3067	shall make award payments and allocations in strict compliance 2186
3068	3068	with the annual plan. The annual plan must be approved by the 2187
3069	3069	commission division before implementation. If the funds in the 2188
3070	3070	account for payment of purses and prizes are not sufficient to 2189
3071	3071	meet all purses and prizes to be awarded, those breeders and 2190
3072	3072	owners not receiving payments have first call on any subsequent 2191
3073	3073	receipts in that or any subsequent year. 2192
3074	3074	(h) If the commission division finds that the Florida 2193
3075	3075	Quarter Horse Breeders and Owners Association has not complied 2194
3076	3076	with any provision of this section, the commission division may 2195
3077	3077	order the association to cease and des ist from receiving funds 2196
3078	3078	and administering funds received under this section and s. 2197
3079	3079	550.2633. If the commission division enters such an order, the 2198
3080	3080	permitholder shall make the payments authorized in this section 2199
3081	3081	and s. 550.2633 to the commission division for deposit into the 2200
3082	3082
3083	3083	HB 7041 2022
3084	3084
3085	3085
3086	3086
3087	3087	CODING: Words stricken are deletions; words underlined are additions.
3088	3088	hb7041-00
3089	3089	Page 89 of 163
3090	3090	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
3091	3091
3092	3092	Pari-mutuel Wagering Trust Fund, and any funds in the Florida 2201
3093	3093	Quarter Horse Breeders and Owners Association account shall be 2202
3094	3094	immediately paid to the commission division for deposit to the 2203
3095	3095	Pari-mutuel Wagering Trust Fund. The commission division shall 2204
3096	3096	authorize payment from these funds to any breeder or owner of a 2205
3097	3097	quarter horse entitled to an award that has not been previously 2206
3098	3098	paid by the Florida Quarter Horse Breeders and Owners 2207
3099	3099	Association in accordance with this section. 2208
3100	3100	(6) 2209
3101	3101	(e) This subsection governs owners' awards paid on 2210
3102	3102	thoroughbred horse races only in this state, unless a written 2211
3103	3103	agreement is filed with the commission division establishing the 2212
3104	3104	rate, procedures, and eligibility requirements for owners' 2213
3105	3105	awards, including place of finish, class of race, maximum purse, 2214
3106	3106	and maximum award, and the agreement is entered into by the 2215
3107	3107	permitholder, the Florida Thoroughbred Breeders' Assoc iation, 2216
3108	3108	and the association representing a majority of the racehorse 2217
3109	3109	owners and trainers at the permitholder's location. 2218
3110	3110	(7)(a) Each permitholder that conducts race meets under 2219
3111	3111	this chapter and runs Appaloosa races shall pay to the 2220
3112	3112	commission division a sum equal to the breaks plus a sum equal 2221
3113	3113	to 1 percent of the total contributions to each pari -mutuel pool 2222
3114	3114	conducted on each Appaloosa race. The payments shall be remitted 2223
3115	3115	to the commission division by the 5th day of each calendar month 2224
3116	3116	for sums accruing du ring the preceding calendar month. 2225
3117	3117
3118	3118	HB 7041 2022
3119	3119
3120	3120
3121	3121
3122	3122	CODING: Words stricken are deletions; words underlined are additions.
3123	3123	hb7041-00
3124	3124	Page 90 of 163
3125	3125	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
3126	3126
3127	3127	(b) The commission division shall deposit these 2226
3128	3128	collections to the credit of the General Inspection Trust Fund 2227
3129	3129	in a special account to be known as the "Florida Appaloosa 2228
3130	3130	Racing Promotion Account." The Department of Agri culture and 2229
3131	3131	Consumer Services shall administer the funds and adopt suitable 2230
3132	3132	and reasonable rules for the administration thereof. The moneys 2231
3133	3133	in the Florida Appaloosa Racing Promotion Account shall be 2232
3134	3134	allocated solely for supplementing and augmenting purses and 2233
3135	3135	prizes and for the general promotion of owning and breeding of 2234
3136	3136	racing Appaloosas in this state; and the moneys may not be used 2235
3137	3137	to defray any expense of the Department of Agriculture and 2236
3138	3138	Consumer Services in the administration of this chapter. 2237
3139	3139	(8) Each permitholder that conducts race meets under this 2238
3140	3140	chapter and runs Arabian horse races shall pay to the commission 2239
3141	3141	division a sum equal to the breaks plus a sum equal to 1 percent 2240
3142	3142	of the total contributions to each pari -mutuel pool conducted on 2241
3143	3143	each Arabian horse race. The payments shall be remitted to the 2242
3144	3144	commission division by the 5th day of each calendar month for 2243
3145	3145	sums accruing during the preceding calendar month. 2244
3146	3146	Section 31. Subsections (1), (3), (5), and (6), paragraph 2245
3147	3147	(a) of subsection (8), and s ubsections (9), (10), and (11) of 2246
3148	3148	section 550.26352, Florida Statutes, are amended to read: 2247
3149	3149	550.26352 Breeders' Cup Meet; pools authorized; conflicts; 2248
3150	3150	taxes; credits; transmission of races; rules; application. — 2249
3151	3151	(1) Notwithstanding any provision of this chapter to the 2250
3152	3152
3153	3153	HB 7041 2022
3154	3154
3155	3155
3156	3156
3157	3157	CODING: Words stricken are deletions; words underlined are additions.
3158	3158	hb7041-00
3159	3159	Page 91 of 163
3160	3160	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
3161	3161
3162	3162	contrary, there is hereby created a special thoroughbred race 2251
3163	3163	meet which shall be designated as the "Breeders' Cup Meet." The 2252
3164	3164	Breeders' Cup Meet shall be conducted at the facility of the 2253
3165	3165	Florida permitholder selected by Breeders' Cup Limite d to 2254
3166	3166	conduct the Breeders' Cup Meet. The Breeders' Cup Meet shall 2255
3167	3167	consist of 3 days: the day on which the Breeders' Cup races are 2256
3168	3168	conducted, the preceding day, and the subsequent day. Upon the 2257
3169	3169	selection of the Florida permitholder as host for the Breeders' 2258
3170	3170	Cup Meet and application by the selected permitholder, the 2259
3171	3171	commission division shall issue a license to the selected 2260
3172	3172	permitholder to operate the Breeders' Cup Meet. Notwithstanding 2261
3173	3173	s. 550.09515(2)(a), the Breeders' Cup Meet may be conducted on 2262
3174	3174	dates which the selected permitholder is not otherwise 2263
3175	3175	authorized to conduct a race meet. 2264
3176	3176	(3) If the permitholder conducting the Breeders' Cup Meet 2265
3177	3177	is located within 35 miles of one or more permitholders 2266
3178	3178	scheduled to conduct a thoroughbred race meet on any of the 3 2267
3179	3179	days of the Breeders' Cup Meet, then operation on any of those 3 2268
3180	3180	days by the other permitholders is prohibited. As compensation 2269
3181	3181	for the loss of racing days caused thereby, such operating 2270
3182	3182	permitholders shall receive a credit against the taxes otherwise 2271
3183	3183	due and payable to the state under ss. 550.0951 and 550.09515. 2272
3184	3184	This credit shall be in an amount equal to the operating loss 2273
3185	3185	determined to have been suffered by the operating permitholders 2274
3186	3186	as a result of not operating on the prohibited racing days, but 2275
3187	3187
3188	3188	HB 7041 2022
3189	3189
3190	3190
3191	3191
3192	3192	CODING: Words stricken are deletions; words underlined are additions.
3193	3193	hb7041-00
3194	3194	Page 92 of 163
3195	3195	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
3196	3196
3197	3197	shall not exceed a total of $950,000. The determination of the 2276
3198	3198	amount to be credited shall be made by the commission division 2277
3199	3199	upon application by the operating permitholder. The tax credits 2278
3200	3200	provided in this subsection shall not be available unless an 2279
3201	3201	operating permitholder is required to close a bona fide meet 2280
3202	3202	consisting in part of no fewer than 10 scheduled performances in 2281
3203	3203	the 15 days immediately preceding or 10 scheduled performances 2282
3204	3204	in the 15 days immediately following the Breeders' Cup Meet. 2283
3205	3205	Such tax credit shall be in lieu of any other compensation or 2284
3206	3206	consideration for the loss of racing days. There shall be no 2285
3207	3207	replacement or makeup of any lost racing days. 2286
3208	3208	(5) The permitholder conducting the Breeders' Cup Meet 2287
3209	3209	shall receive a credit against the taxes other wise due and 2288
3210	3210	payable to the state under ss. 550.0951 and 550.09515 generated 2289
3211	3211	during said permitholder's next ensuing regular thoroughbred 2290
3212	3212	race meet. This credit shall be in an amount not to exceed 2291
3213	3213	$950,000 and shall be utilized by the permitholder to pay t he 2292
3214	3214	purses offered by the permitholder during the Breeders' Cup Meet 2293
3215	3215	in excess of the purses which the permitholder is otherwise 2294
3216	3216	required by law to pay. The amount to be credited shall be 2295
3217	3217	determined by the commission division upon application of the 2296
3218	3218	permitholder which is subject to audit by the commission 2297
3219	3219	division. 2298
3220	3220	(6) The permitholder conducting the Breeders' Cup Meet 2299
3221	3221	shall receive a credit against the taxes otherwise due and 2300
3222	3222
3223	3223	HB 7041 2022
3224	3224
3225	3225
3226	3226
3227	3227	CODING: Words stricken are deletions; words underlined are additions.
3228	3228	hb7041-00
3229	3229	Page 93 of 163
3230	3230	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
3231	3231
3232	3232	payable to the state under ss. 550.0951 and 550.09515 generated 2301
3233	3233	during said permitholder's next ensuing regular thoroughbred 2302
3234	3234	race meet. This credit shall be in an amount not to exceed 2303
3235	3235	$950,000 and shall be utilized by the permitholder for such 2304
3236	3236	capital improvements and extraordinary expenses as may be 2305
3237	3237	necessary for operation of the Bre eders' Cup Meet. The amount to 2306
3238	3238	be credited shall be determined by the commission division upon 2307
3239	3239	application of the permitholder which is subject to audit by the 2308
3240	3240	commission division. 2309
3241	3241	(8)(a) Pursuant to s. 550.3551(2), the permitholder 2310
3242	3242	conducting the Breede rs' Cup Meet is authorized to transmit 2311
3243	3243	broadcasts of the races conducted during the Breeders' Cup Meet 2312
3244	3244	to locations outside of this state for wagering purposes. The 2313
3245	3245	commission division may approve broadcasts to pari -mutuel 2314
3246	3246	permitholders and other betting s ystems authorized under the 2315
3247	3247	laws of any other state or country. Wagers accepted by any out -2316
3248	3248	of-state pari-mutuel permitholder or betting system on any races 2317
3249	3249	broadcast under this section may be, but are not required to be, 2318
3250	3250	commingled with the pari -mutuel pools of the permitholder 2319
3251	3251	conducting the Breeders' Cup Meet. The calculation of any payoff 2320
3252	3252	on national pari-mutuel pools with commingled wagers may be 2321
3253	3253	performed by the permitholder's totalisator contractor at a 2322
3254	3254	location outside of this state. Pool amounts fro m wagers placed 2323
3255	3255	at pari-mutuel facilities or other betting systems in foreign 2324
3256	3256	countries before being commingled with the pari -mutuel pool of 2325
3257	3257
3258	3258	HB 7041 2022
3259	3259
3260	3260
3261	3261
3262	3262	CODING: Words stricken are deletions; words underlined are additions.
3263	3263	hb7041-00
3264	3264	Page 94 of 163
3265	3265	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
3266	3266
3267	3267	the Florida permitholder conducting the Breeders' Cup Meet shall 2326
3268	3268	be calculated by the totalisator contractor and tr ansferred to 2327
3269	3269	the commingled pool in United States currency in cycles 2328
3270	3270	customarily used by the permitholder. Pool amounts from wagers 2329
3271	3271	placed at any foreign pari -mutuel facility or other betting 2330
3272	3272	system shall not be commingled with a Florida pool until a 2331
3273	3273	determination is made by the commission division that the 2332
3274	3274	technology utilized by the totalisator contractor is adequate to 2333
3275	3275	assure commingled pools will result in the calculation of 2334
3276	3276	accurate payoffs to Florida bettors. Any totalisator contractor 2335
3277	3277	at a location outside of this state shall comply with the 2336
3278	3278	provisions of s. 550.495 relating to totalisator licensing. 2337
3279	3279	(9) The exemption from the tax credits provided in 2338
3280	3280	subsections (5) and (6) shall not be granted and shall not be 2339
3281	3281	claimed by the permitholder until an au dit is completed by the 2340
3282	3282	commission division. The commission division is required to 2341
3283	3283	complete the audit within 30 days of receipt of the necessary 2342
3284	3284	documentation from the permitholder to verify the permitholder's 2343
3285	3285	claim for tax credits. If the documentation s ubmitted by the 2344
3286	3286	permitholder is incomplete or is insufficient to document the 2345
3287	3287	permitholder's claim for tax credits, the commission division 2346
3288	3288	may request such additional documentation as is necessary to 2347
3289	3289	complete the audit. Upon receipt of the commission's division's 2348
3290	3290	written request for additional documentation, the 30 -day time 2349
3291	3291	limitation will commence anew. 2350
3292	3292
3293	3293	HB 7041 2022
3294	3294
3295	3295
3296	3296
3297	3297	CODING: Words stricken are deletions; words underlined are additions.
3298	3298	hb7041-00
3299	3299	Page 95 of 163
3300	3300	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
3301	3301
3302	3302	(10) The commission division is authorized to adopt such 2351
3303	3303	rules as are necessary to facilitate the conduct of the 2352
3304	3304	Breeders' Cup Meet as authorized in thi s section. Included 2353
3305	3305	within this grant of authority shall be the adoption or waiver 2354
3306	3306	of rules regarding the overall conduct of racing during the 2355
3307	3307	Breeders' Cup Meet so as to ensure the integrity of the races, 2356
3308	3308	licensing for all participants, special stabling a nd training 2357
3309	3309	requirements for foreign horses, commingling of pari -mutuel 2358
3310	3310	pools, and audit requirements for tax credits and other 2359
3311	3311	benefits. 2360
3312	3312	(11) Any dispute between the commission division and any 2361
3313	3313	permitholder regarding the tax credits authorized under 2362
3314	3314	subsection (3), subsection (5), or subsection (6) shall be 2363
3315	3315	determined by a hearing officer of the Division of 2364
3316	3316	Administrative Hearings under the provisions of s. 120.57(1). 2365
3317	3317	Section 32. Subsections (1), (5), (6), and (8) of section 2366
3318	3318	550.2704, Florida Statute s, are amended to read: 2367
3319	3319	550.2704 Jai Alai Tournament of Champions Meet. — 2368
3320	3320	(1) Notwithstanding any provision of this chapter, there 2369
3321	3321	is hereby created a special jai alai meet which shall be 2370
3322	3322	designated as the "Jai Alai Tournament of Champions Meet" and 2371
3323	3323	which shall be hosted by the Florida jai alai permitholders 2372
3324	3324	selected by the National Association of Jai Alai Frontons, Inc., 2373
3325	3325	to conduct such meet. The meet shall consist of three qualifying 2374
3326	3326	performances and a final performance, each of which is to be 2375
3327	3327
3328	3328	HB 7041 2022
3329	3329
3330	3330
3331	3331
3332	3332	CODING: Words stricken are deletions; words underlined are additions.
3333	3333	hb7041-00
3334	3334	Page 96 of 163
3335	3335	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
3336	3336
3337	3337	conducted on different days. Upon the selection of the Florida 2376
3338	3338	permitholders for the meet, and upon application by the selected 2377
3339	3339	permitholders, the commission Division of Pari-mutuel Wagering 2378
3340	3340	shall issue a license to each of the selected permitholders to 2379
3341	3341	operate the meet. The meet may be conducted during a season in 2380
3342	3342	which the permitholders selected to conduct the meet are not 2381
3343	3343	otherwise authorized to conduct a meet. Notwithstanding anything 2382
3344	3344	herein to the contrary, any Florida permitholder who is to 2383
3345	3345	conduct a performance which is a part of the Jai Alai Tournament 2384
3346	3346	of Champions Meet shall not be required to apply for the license 2385
3347	3347	for said meet if it is to be run during the regular season for 2386
3348	3348	which such permitholder has a license. 2387
3349	3349	(5) In addition to the credit authorized in subsection 2388
3350	3350	(4), the Jai Alai Tournament of Champions Meet permitholders 2389
3351	3351	shall receive a credit against the taxes, otherwise due and 2390
3352	3352	payable under s. 550.0951 or s. 550.09511, generated during said 2391
3353	3353	permitholders' current regular meet, in an amount not t o exceed 2392
3354	3354	the aggregate amount of $150,000, which shall be prorated 2393
3355	3355	equally between the permitholders, and shall be utilized by the 2394
3356	3356	permitholders for such capital improvements and extraordinary 2395
3357	3357	expenses, including marketing expenses, as may be necessary for 2396
3358	3358	the operation of the meet. The determination of the amount to be 2397
3359	3359	credited shall be made by the commission division upon 2398
3360	3360	application of said permitholders. 2399
3361	3361	(6) The permitholder shall be entitled to said 2400
3362	3362
3363	3363	HB 7041 2022
3364	3364
3365	3365
3366	3366
3367	3367	CODING: Words stricken are deletions; words underlined are additions.
3368	3368	hb7041-00
3369	3369	Page 97 of 163
3370	3370	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
3371	3371
3372	3372	permitholder's pro rata share of the $150,000 tax credit 2401
3373	3373	provided in subsection (5) without having to make application, 2402
3374	3374	so long as appropriate documentation to substantiate said 2403
3375	3375	expenditures thereunder is pro vided to the commission division 2404
3376	3376	within 30 days following said Jai Alai Tournament of Champions 2405
3377	3377	Meet. 2406
3378	3378	(8) The commission division is authorized to adopt such 2407
3379	3379	rules as are necessary to facilitate the conduct of the Jai Alai 2408
3380	3380	Tournament of Champions Meet as authorized in this section. 2409
3381	3381	Included within this grant of authority shall be the adoption of 2410
3382	3382	rules regarding the overall conduct of the tournament so as to 2411
3383	3383	ensure the integrity of the event, licensing for participants, 2412
3384	3384	commingling of pari-mutuel pools, and audit requirements for tax 2413
3385	3385	credits and exemptions. 2414
3386	3386	Section 33. Subsections (3) and (5) of section 550.334, 2415
3387	3387	Florida Statutes, are amended to read: 2416
3388	3388	550.334 Quarter horse racing; substitutions. — 2417
3389	3389	(3) Quarter horses participating in such races must be 2418
3390	3390	duly registered by the American Quarter Horse Association, and 2419
3391	3391	before each race such horses must be examined and declared in 2420
3392	3392	fit condition by a qualified person designated by the commission 2421
3393	3393	division. 2422
3394	3394	(5) Any quarter horse racing permitholder operating under 2423
3395	3395	a valid permit issued by the commission division is authorized 2424
3396	3396	to substitute races of other breeds of horses which are, 2425
3397	3397
3398	3398	HB 7041 2022
3399	3399
3400	3400
3401	3401
3402	3402	CODING: Words stricken are deletions; words underlined are additions.
3403	3403	hb7041-00
3404	3404	Page 98 of 163
3405	3405	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
3406	3406
3407	3407	respectively, registered with the American Paint Horse 2426
3408	3408	Association, Appaloos a Horse Club, Arabian Horse Registry of 2427
3409	3409	America, Palomino Horse Breeders of America, United States 2428
3410	3410	Trotting Association, Florida Cracker Horse Association, or 2429
3411	3411	Jockey Club for no more than 50 percent of the quarter horse 2430
3412	3412	races during its meet. 2431
3413	3413	Section 34. Subsection (2) of section 550.3345, Florida 2432
3414	3414	Statutes, is amended to read: 2433
3415	3415	550.3345 Conversion of quarter horse permit to a limited 2434
3416	3416	thoroughbred permit. — 2435
3417	3417	(2) Notwithstanding any other provision of law, the holder 2436
3418	3418	of a quarter horse racing permit issu ed under s. 550.334 may, 2437
3419	3419	within 1 year after the effective date of this section, apply to 2438
3420	3420	the commission division for a transfer of the quarter horse 2439
3421	3421	racing permit to a not -for-profit corporation formed under state 2440
3422	3422	law to serve the purposes of the state as provided in subsection 2441
3423	3423	(1). The board of directors of the not -for-profit corporation 2442
3424	3424	must be comprised of 11 members, 4 of whom shall be designated 2443
3425	3425	by the applicant, 4 of whom shall be designated by the Florida 2444
3426	3426	Thoroughbred Breeders' Association, and 3 of whom shall be 2445
3427	3427	designated by the other 8 directors, with at least 1 of these 3 2446
3428	3428	members being an authorized representative of another 2447
3429	3429	thoroughbred permitholder in this state. The not -for-profit 2448
3430	3430	corporation shall submit an application to the commission 2449
3431	3431	division for review and approval of the transfer in accordance 2450
3432	3432
3433	3433	HB 7041 2022
3434	3434
3435	3435
3436	3436
3437	3437	CODING: Words stricken are deletions; words underlined are additions.
3438	3438	hb7041-00
3439	3439	Page 99 of 163
3440	3440	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
3441	3441
3442	3442	with s. 550.054. Upon approval of the transfer by the commission 2451
3443	3443	division, and notwithstanding any other provision of law to the 2452
3444	3444	contrary, the not-for-profit corporation may, within 1 year 2453
3445	3445	after its receipt of the permit, request that the commission 2454
3446	3446	division convert the quarter horse racing permit to a permit 2455
3447	3447	authorizing the holder to conduct pari -mutuel wagering meets of 2456
3448	3448	thoroughbred racing. Neither the transfer of the quarter horse 2457
3449	3449	racing permit nor its conversion to a limited thoroughbred 2458
3450	3450	permit shall be subject to the mileage limitation or the 2459
3451	3451	ratification election as set forth under s. 550.054(2) or s. 2460
3452	3452	550.0651. Upon receipt of the request for such conversion, the 2461
3453	3453	commission division shall timely issue a converted permit. The 2462
3454	3454	converted permit and the not -for-profit corporation shall be 2463
3455	3455	subject to the following requirements: 2464
3456	3456	(a) All net revenues derived by the not -for-profit 2465
3457	3457	corporation under the thoroughbred horse racing permit and any 2466
3458	3458	license issued to the not-for-profit corporation under chapter 2467
3459	3459	849, after the funding of operating expenses and capital 2468
3460	3460	improvements, shall be dedicated to the enhancement of 2469
3461	3461	thoroughbred purses and breeders', stallion, and special racing 2470
3462	3462	awards under this chapter; the general promotion of the 2471
3463	3463	thoroughbred horse breeding industry; and the care in this state 2472
3464	3464	of thoroughbred horses retired from racing. 2473
3465	3465	(b) From December 1 through April 30, no live thoroughbred 2474
3466	3466	racing may be conducted under the permit on any day duri ng which 2475
3467	3467
3468	3468	HB 7041 2022
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3475	3475	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
3476	3476
3477	3477	another thoroughbred permitholder is conducting live 2476
3478	3478	thoroughbred racing within 125 air miles of the not -for-profit 2477
3479	3479	corporation's pari-mutuel facility unless the other thoroughbred 2478
3480	3480	permitholder gives its written consent. 2479
3481	3481	(c) After the conversion of the quarter horse racing 2480
3482	3482	permit and the issuance of its initial license to conduct pari -2481
3483	3483	mutuel wagering meets of thoroughbred racing, the not -for-profit 2482
3484	3484	corporation shall annually apply to the commission division for 2483
3485	3485	a license pursuant to s. 550.5251. 2484
3486	3486	(d) Racing under the permit may take place only at the 2485
3487	3487	location for which the original quarter horse racing permit was 2486
3488	3488	issued, which may be leased by the not -for-profit corporation 2487
3489	3489	for that purpose; however, the not -for-profit corporation may, 2488
3490	3490	without the conduct of any ratification election pursuant to s. 2489
3491	3491	550.054(13) or s. 550.0651, move the location of the permit to 2490
3492	3492	another location in the same county provided that such 2491
3493	3493	relocation is approved under the zoning and land use regulations 2492
3494	3494	of the applicable county or municipality. 2493
3495	3495	(e) A permit converted under this section and a license 2494
3496	3496	issued to the not-for-profit corporation under chapter 849 are 2495
3497	3497	not eligible for transfer to another person or entity. 2496
3498	3498	Section 35. Section 550.3355, Florida Statutes, is am ended 2497
3499	3499	to read: 2498
3500	3500	550.3355 Harness track licenses for summer quarter horse 2499
3501	3501	racing.—Any harness track licensed to operate under the 2500
3502	3502
3503	3503	HB 7041 2022
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3510	3510	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
3511	3511
3512	3512	provisions of s. 550.375 may make application for, and shall be 2501
3513	3513	issued by the commission division, a license to operate not mo re 2502
3514	3514	than 50 quarter horse racing days during the summer season, 2503
3515	3515	which shall extend from July 1 until October 1 of each year. 2504
3516	3516	However, this license to operate quarter horse racing for 50 2505
3517	3517	days is in addition to the racing days and dates provided in s. 2506
3518	3518	550.375 for harness racing during the winter seasons; and, it 2507
3519	3519	does not affect the right of such licensee to operate harness 2508
3520	3520	racing at the track as provided in s. 550.375 during the winter 2509
3521	3521	season. All provisions of this chapter governing quarter horse 2510
3522	3522	racing not in conflict herewith apply to the operation of 2511
3523	3523	quarter horse meetings authorized hereunder, except that all 2512
3524	3524	quarter horse racing permitted hereunder shall be conducted at 2513
3525	3525	night. 2514
3526	3526	Section 36. Paragraph (a) of subsection (6) and 2515
3527	3527	subsections (10) and (13) o f section 550.3551, Florida Statutes, 2516
3528	3528	are amended to read: 2517
3529	3529	550.3551 Transmission of racing and jai alai information; 2518
3530	3530	commingling of pari-mutuel pools.— 2519
3531	3531	(6)(a) A permitholder conducting live races or games may 2520
3532	3532	not conduct fewer than eight live races or games on any 2521
3533	3533	authorized race day except as provided in this subsection. A 2522
3534	3534	thoroughbred permitholder may not conduct fewer than eight live 2523
3535	3535	races on any race day without the written approval of the 2524
3536	3536	Florida Thoroughbred Breeders' Association and the Florida 2525
3537	3537
3538	3538	HB 7041 2022
3539	3539
3540	3540
3541	3541
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3545	3545	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
3546	3546
3547	3547	Horsemen's Benevolent and Protective Association, Inc., unless 2526
3548	3548	it is determined by the commission department that another 2527
3549	3549	entity represents a majority of the thoroughbred racehorse 2528
3550	3550	owners and trainers in the state. If conducting live racing, a 2529
3551	3551	harness permitholder may conduct fewer than eight live races on 2530
3552	3552	any authorized race day. Any harness horse permitholder may 2531
3553	3553	receive full-card broadcasts of harness horse races conducted at 2532
3554	3554	harness racetracks outside this state at the harness track of 2533
3555	3555	the permitholder and accept wagers on such harness races. 2534
3556	3556	(10) The commission division may adopt rules necessary to 2535
3557	3557	facilitate commingling of pari -mutuel pools, to ensure the 2536
3558	3558	proper calculation of payoffs in circumstances in which 2537
3559	3559	different commission percentages are appl icable and to regulate 2538
3560	3560	the distribution of net proceeds between the horse track and, in 2539
3561	3561	this state, the horsemen's associations. 2540
3562	3562	(13) This section does not prohibit the commingling of 2541
3563	3563	national pari-mutuel pools by a totalisator company that is 2542
3564	3564	licensed under this chapter. Such commingling of national pools 2543
3565	3565	is subject to commission division review and approval and must 2544
3566	3566	be performed in accordance with rules adopted by the commission 2545
3567	3567	division to ensure accurate calculation and distribution of the 2546
3568	3568	pools. 2547
3569	3569	Section 37. Subsections (3), (4), and (5) of section 2548
3570	3570	550.3615, Florida Statutes, are amended to read: 2549
3571	3571	550.3615 Bookmaking on the grounds of a permitholder; 2550
3572	3572
3573	3573	HB 7041 2022
3574	3574
3575	3575
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3580	3580	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
3581	3581
3582	3582	penalties; reinstatement; duties of track employees; penalty; 2551
3583	3583	exceptions.— 2552
3584	3584	(3) Any person who ha s been convicted of bookmaking in 2553
3585	3585	this state or any other state of the United States or any 2554
3586	3586	foreign country shall be denied admittance to and shall not 2555
3587	3587	attend any pari-mutuel facility in this state during its racing 2556
3588	3588	seasons or operating dates, including an y practice or 2557
3589	3589	preparational days, for a period of 2 years after the date of 2558
3590	3590	conviction or the date of final appeal. Following the conclusion 2559
3591	3591	of the period of ineligibility, the director of the commission 2560
3592	3592	division may authorize the reinstatement of an indiv idual 2561
3593	3593	following a hearing on readmittance. Any such person who 2562
3594	3594	knowingly violates this subsection commits a misdemeanor of the 2563
3595	3595	first degree, punishable as provided in s. 775.082 or s. 2564
3596	3596	775.083. 2565
3597	3597	(4) If the activities of a person show that this law is 2566
3598	3598	being violated, and such activities are either witnessed by or 2567
3599	3599	are common knowledge of any pari -mutuel facility employee, it is 2568
3600	3600	the duty of that employee to bring the matter to the immediate 2569
3601	3601	attention of the permitholder, manager, or her or his designee, 2570
3602	3602	who shall notify a law enforcement agency having jurisdiction. 2571
3603	3603	Willful failure by the pari -mutuel facility employee to comply 2572
3604	3604	with the provisions of this subsection is a ground for the 2573
3605	3605	commission division to suspend or revoke that employee's license 2574
3606	3606	for pari-mutuel facility employment. 2575
3607	3607
3608	3608	HB 7041 2022
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3615	3615	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
3616	3616
3617	3617	(5) Each permittee shall display, in conspicuous places at 2576
3618	3618	a pari-mutuel facility and in all race and jai alai daily 2577
3619	3619	programs, a warning to all patrons concerning the prohibition 2578
3620	3620	and penalties of bookmaking contained in this sect ion and s. 2579
3621	3621	849.25. The commission division shall adopt rules concerning the 2580
3622	3622	uniform size of all warnings and the number of placements 2581
3623	3623	throughout a pari-mutuel facility. Failure on the part of the 2582
3624	3624	permittee to display such warnings may result in the imposit ion 2583
3625	3625	of a $500 fine by the commission division for each offense. 2584
3626	3626	Section 38. Subsections (2) and (3) of section 550.375, 2585
3627	3627	Florida Statutes, are amended to read: 2586
3628	3628	550.375 Operation of certain harness tracks. — 2587
3629	3629	(2) Any permittee or licensee authorized under this 2588
3630	3630	section to transfer the location of its permit may conduct 2589
3631	3631	harness racing only between the hours of 7 p.m. and 2 a.m. A 2590
3632	3632	permit so transferred applies only to the locations provided in 2591
3633	3633	this section. The provisions of this chapter which prohibit the 2592
3634	3634	location and operation of a licensed harness track permittee and 2593
3635	3635	licensee within 100 air miles of the location of a racetrack 2594
3636	3636	authorized to conduct racing under this chapter and which 2595
3637	3637	prohibit the commission division from granting any permit to a 2596
3638	3638	harness track at a location in the area in which there are three 2597
3639	3639	horse tracks located within 100 air miles thereof do not apply 2598
3640	3640	to a licensed harness track that is required by the terms of 2599
3641	3641	this section to race between th e hours of 7 p.m. and 2 a.m. 2600
3642	3642
3643	3643	HB 7041 2022
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3645	3645
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3650	3650	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
3651	3651
3652	3652	(3) A permit may not be issued by the commission division 2601
3653	3653	for the operation of a harness track within 75 air miles of a 2602
3654	3654	location of a harness track licensed and operating under this 2603
3655	3655	chapter. 2604
3656	3656	Section 39. Subsection (1), pa ragraphs (a), (b), (c), (d), 2605
3657	3657	(e), and (g) of subsection (2), and subsections (3), (4), and 2606
3658	3658	(5) of section 550.495, Florida Statutes, are amended to read: 2607
3659	3659	550.495 Totalisator licensing. — 2608
3660	3660	(1) A totalisator may not be operated at a pari -mutuel 2609
3661	3661	facility in this state, or at a facility located in or out of 2610
3662	3662	this state which is used as the primary totalisator for a race 2611
3663	3663	or game conducted in this state, unless the totalisator company 2612
3664	3664	possesses a business license issued by the commission division. 2613
3665	3665	(2)(a) Each totalisator company must apply to the 2614
3666	3666	commission division for an annual business license. The 2615
3667	3667	application must include such information as the commission 2616
3668	3668	division by rule requires. 2617
3669	3669	(b) As a part of its license application, each totalisator 2618
3670	3670	company must agree in writing to pay to the commission division 2619
3671	3671	an amount equal to the loss of any state revenues from missed or 2620
3672	3672	canceled races, games, or performances due to acts of the 2621
3673	3673	totalisator company or its agents or employees or failures of 2622
3674	3674	the totalisator system, except for circumstances beyond the 2623
3675	3675	control of the totalisator company or agent or employee, as 2624
3676	3676	determined by the commission division. 2625
3677	3677
3678	3678	HB 7041 2022
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3680	3680
3681	3681
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3685	3685	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
3686	3686
3687	3687	(c) Each totalisator company must file with the commission 2626
3688	3688	division a performance bond, acceptable to t he commission 2627
3689	3689	division, in the sum of $250,000 issued by a surety approved by 2628
3690	3690	the commission division or must file proof of insurance, 2629
3691	3691	acceptable to the commission division, against financial loss in 2630
3692	3692	the amount of $250,000, insuring the state against such a 2631
3693	3693	revenue loss. 2632
3694	3694	(d) In the event of a loss of state tax revenues, the 2633
3695	3695	commission division shall determine: 2634
3696	3696	1. The estimated revenue lost as a result of missed or 2635
3697	3697	canceled races, games, or performances; 2636
3698	3698	2. The number of races, games, or performances w hich is 2637
3699	3699	practicable for the permitholder to conduct in an attempt to 2638
3700	3700	mitigate the revenue loss; and 2639
3701	3701	3. The amount of the revenue loss which the makeup races, 2640
3702	3702	games, or performances will not recover and for which the 2641
3703	3703	totalisator company is liable. 2642
3704	3704	(e) Upon the making of such determinations, the commission 2643
3705	3705	division shall issue to the totalisator company and to the 2644
3706	3706	affected permitholder an order setting forth the determinations 2645
3707	3707	of the commission division. 2646
3708	3708	(g) Upon the failure of the totalisator company t o make 2647
3709	3709	the payment found to be due the state, the commission division 2648
3710	3710	may cause the forfeiture of the bond or may proceed against the 2649
3711	3711	insurance contract, and the proceeds of the bond or contract 2650
3712	3712
3713	3713	HB 7041 2022
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3715	3715
3716	3716
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3720	3720	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
3721	3721
3722	3722	shall be deposited into the Pari -mutuel Wagering Trust Fund. If 2651
3723	3723	that bond was not posted or insurance obtained, the commission 2652
3724	3724	division may proceed against any assets of the totalisator 2653
3725	3725	company to collect the amounts due under this subsection. 2654
3726	3726	(3) If the applicant meets the requirements of this 2655
3727	3727	section and commission division rules and pays the license fee, 2656
3728	3728	the commission division shall issue the license. 2657
3729	3729	(4) Each totalisator company shall conduct operations in 2658
3730	3730	accordance with rules adopted by the commission division, in 2659
3731	3731	such form, content, and frequency as the commission division by 2660
3732	3732	rule determines. 2661
3733	3733	(5) The commission division and its representatives may 2662
3734	3734	enter and inspect any area of the premises of a licensed 2663
3735	3735	totalisator company, and may examine totalisator records, during 2664
3736	3736	the licensee's regular business or op erating hours. 2665
3737	3737	Section 40. Paragraphs (a) and (b) of subsection (1) and 2666
3738	3738	subsections (2), (3), (4), (5), and (6) of section 550.505, 2667
3739	3739	Florida Statutes, are amended to read: 2668
3740	3740	550.505 Nonwagering permits. — 2669
3741	3741	(1)(a) Except as provided in this section, perm its and 2670
3742	3742	licenses issued by the commission division are intended to be 2671
3743	3743	used for pari-mutuel wagering operations in conjunction with 2672
3744	3744	horseraces, dograces, or jai alai performances. 2673
3745	3745	(b) Subject to the requirements of this section, the 2674
3746	3746	commission division is authorized to issue permits for the 2675
3747	3747
3748	3748	HB 7041 2022
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3750	3750
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3755	3755	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
3756	3756
3757	3757	conduct of horseracing meets without pari -mutuel wagering or any 2676
3758	3758	other form of wagering being conducted in conjunction therewith. 2677
3759	3759	Such permits shall be known as nonwagering permits and may be 2678
3760	3760	issued only for horserac ing meets. A horseracing permitholder 2679
3761	3761	need not obtain an additional permit from the commission 2680
3762	3762	division for conducting nonwagering racing under this section, 2681
3763	3763	but must apply to the commission division for the issuance of a 2682
3764	3764	license under this section. The ho lder of a nonwagering permit 2683
3765	3765	is prohibited from conducting pari -mutuel wagering or any other 2684
3766	3766	form of wagering in conjunction with racing conducted under the 2685
3767	3767	permit. Nothing in this subsection prohibits horseracing for any 2686
3768	3768	stake, purse, prize, or premium. 2687
3769	3769	(2)(a) Any person not prohibited from holding any type of 2688
3770	3770	pari-mutuel permit under s. 550.1815 shall be allowed to apply 2689
3771	3771	to the commission division for a nonwagering permit. The 2690
3772	3772	applicant must demonstrate that the location or locations where 2691
3773	3773	the nonwagering permit will be used are available for such use 2692
3774	3774	and that the applicant has the financial ability to satisfy the 2693
3775	3775	reasonably anticipated operational expenses of the first racing 2694
3776	3776	year following final issuance of the nonwagering permit. If the 2695
3777	3777	racing facility is already built, the application must contain a 2696
3778	3778	statement, with reasonable supporting evidence, that the 2697
3779	3779	nonwagering permit will be used for horseracing within 1 year 2698
3780	3780	after the date on which it is granted. If the facility is not 2699
3781	3781	already built, the appli cation must contain a statement, with 2700
3782	3782
3783	3783	HB 7041 2022
3784	3784
3785	3785
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3790	3790	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
3791	3791
3792	3792	reasonable supporting evidence, that substantial construction 2701
3793	3793	will be started within 1 year after the issuance of the 2702
3794	3794	nonwagering permit. 2703
3795	3795	(b) The commission division may conduct an eligibility 2704
3796	3796	investigation to determ ine if the applicant meets the 2705
3797	3797	requirements of paragraph (a). 2706
3798	3798	(3)(a) Upon receipt of a nonwagering permit, the 2707
3799	3799	permitholder must apply to the commission division before June 1 2708
3800	3800	of each year for an annual nonwagering license for the next 2709
3801	3801	succeeding calendar year. Such application must set forth the 2710
3802	3802	days and locations at which the permitholder will conduct 2711
3803	3803	nonwagering horseracing and must indicate any changes in 2712
3804	3804	ownership or management of the permitholder occurring since the 2713
3805	3805	date of application for the prior license. 2714
3806	3806	(b) On or before August 1 of each year, the commission 2715
3807	3807	division shall issue a license authorizing the nonwagering 2716
3808	3808	permitholder to conduct nonwagering horseracing during the 2717
3809	3809	succeeding calendar year during the period and for the number of 2718
3810	3810	days set forth in the application, subject to all other 2719
3811	3811	provisions of this section. 2720
3812	3812	(c) The commission division may conduct an eligibility 2721
3813	3813	investigation to determine the qualifications of any new 2722
3814	3814	ownership or management interest in the permit. 2723
3815	3815	(4) Upon the approval of racing dates by the commission 2724
3816	3816	division, the commission division shall issue an annual 2725
3817	3817
3818	3818	HB 7041 2022
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3825	3825	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
3826	3826
3827	3827	nonwagering license to the nonwagering permitholder. 2726
3828	3828	(5) Only horses registered with an established breed 2727
3829	3829	registration organization, which organization shal l be approved 2728
3830	3830	by the commission division, shall be raced at any race meeting 2729
3831	3831	authorized by this section. 2730
3832	3832	(6) The commission division may order any person 2731
3833	3833	participating in a nonwagering meet to cease and desist from 2732
3834	3834	participating in such meet if the commission division determines 2733
3835	3835	the person to be not of good moral character in accordance with 2734
3836	3836	s. 550.1815. The commission division may order the operators of 2735
3837	3837	a nonwagering meet to cease and desist from operating the meet 2736
3838	3838	if the commission division determines the meet is being operated 2737
3839	3839	for any illegal purpose. 2738
3840	3840	Section 41. Subsection (1) of section 550.5251, Florida 2739
3841	3841	Statutes, is amended to read: 2740
3842	3842	550.5251 Florida thoroughbred racing; certain permits; 2741
3843	3843	operating days.— 2742
3844	3844	(1) Each thoroughbred permitholder shal l annually, during 2743
3845	3845	the period commencing December 15 of each year and ending 2744
3846	3846	January 4 of the following year, file in writing with the 2745
3847	3847	commission division its application to conduct one or more 2746
3848	3848	thoroughbred racing meetings during the thoroughbred racing 2747
3849	3849	season commencing on the following July 1. Each application 2748
3850	3850	shall specify the number and dates of all performances that the 2749
3851	3851	permitholder intends to conduct during that thoroughbred racing 2750
3852	3852
3853	3853	HB 7041 2022
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3855	3855
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3860	3860	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
3861	3861
3862	3862	season. On or before March 15 of each year, the commission 2751
3863	3863	division shall issue a license authorizing each permitholder to 2752
3864	3864	conduct performances on the dates specified in its application. 2753
3865	3865	Up to February 28 of each year, each permitholder may request 2754
3866	3866	and shall be granted changes in its authorized performances; but 2755
3867	3867	thereafter, as a condition precedent to the validity of its 2756
3868	3868	license and its right to retain its permit, each permitholder 2757
3869	3869	must operate the full number of days authorized on each of the 2758
3870	3870	dates set forth in its license. 2759
3871	3871	Section 42. Subsection (3) of section 550.625, Florida 2760
3872	3872	Statutes, is amended to read: 2761
3873	3873	550.625 Intertrack wagering; purses; breeders' awards. —If 2762
3874	3874	a host track is a horse track: 2763
3875	3875	(3) The payment to a breeders' organization shall be 2764
3876	3876	combined with any other amounts received by the respective 2765
3877	3877	breeders' and owners' associations as so designated. Each 2766
3878	3878	breeders' and owners' association receiving these funds shall be 2767
3879	3879	allowed to withhold the same percentage as set forth in s. 2768
3880	3880	550.2625 to be used for administering the payment of awards and 2769
3881	3881	for the general promotion of their respective industries. If the 2770
3882	3882	total combined amount received for thoroughbred breeders' awards 2771
3883	3883	exceeds 15 percent of t he purse required to be paid under 2772
3884	3884	subsection (1), the breeders' and owners' association, as so 2773
3885	3885	designated, notwithstanding any other provision of law, shall 2774
3886	3886	submit a plan to the commission division for approval which 2775
3887	3887
3888	3888	HB 7041 2022
3889	3889
3890	3890
3891	3891
3892	3892	CODING: Words stricken are deletions; words underlined are additions.
3893	3893	hb7041-00
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3895	3895	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
3896	3896
3897	3897	would use the excess funds in promotin g the breeding industry by 2776
3898	3898	increasing the purse structure for Florida -breds. Preference 2777
3899	3899	shall be given to the track generating such excess. 2778
3900	3900	Section 43. Subsection (5) and paragraph (g) of subsection 2779
3901	3901	(9) of section 550.6305, Florida Statutes, are amende d to read: 2780
3902	3902	550.6305 Intertrack wagering; guest track payments; 2781
3903	3903	accounting rules.— 2782
3904	3904	(5) The commission division shall adopt rules providing an 2783
3905	3905	expedient accounting procedure for the transfer of the pari -2784
3906	3906	mutuel pool in order to properly account for paymen t of state 2785
3907	3907	taxes, payment to the guest track, payment to the host track, 2786
3908	3908	payment of purses, payment to breeders' associations, payment to 2787
3909	3909	horsemen's associations, and payment to the public. 2788
3910	3910	(9) A host track that has contracted with an out -of-state 2789
3911	3911	horse track to broadcast live races conducted at such out -of-2790
3912	3912	state horse track pursuant to s. 550.3551(5) may broadcast such 2791
3913	3913	out-of-state races to any guest track and accept wagers thereon 2792
3914	3914	in the same manner as is provided in s. 550.3551. 2793
3915	3915	(g)1. Any thoroughbre d permitholder which accepts wagers 2794
3916	3916	on a simulcast signal must make the signal available to any 2795
3917	3917	permitholder that is eligible to conduct intertrack wagering 2796
3918	3918	under the provisions of ss. 550.615 -550.6345. 2797
3919	3919	2. Any thoroughbred permitholder which accepts wage rs on a 2798
3920	3920	simulcast signal received after 6 p.m. must make such signal 2799
3921	3921	available to any permitholder that is eligible to conduct 2800
3922	3922
3923	3923	HB 7041 2022
3924	3924
3925	3925
3926	3926
3927	3927	CODING: Words stricken are deletions; words underlined are additions.
3928	3928	hb7041-00
3929	3929	Page 113 of 163
3930	3930	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
3931	3931
3932	3932	intertrack wagering under the provisions of ss. 550.615 -2801
3933	3933	550.6345, including any permitholder located as specified in s. 2802
3934	3934	550.615(6). Such guest permitholders are authorized to accept 2803
3935	3935	wagers on such simulcast signal, notwithstanding any other 2804
3936	3936	provision of this chapter to the contrary. 2805
3937	3937	3. Any thoroughbred permitholder which accepts wagers on a 2806
3938	3938	simulcast signal received after 6 p.m. m ust make such signal 2807
3939	3939	available to any permitholder that is eligible to conduct 2808
3940	3940	intertrack wagering under the provisions of ss. 550.615 -2809
3941	3941	550.6345, including any permitholder located as specified in s. 2810
3942	3942	550.615(9). Such guest permitholders are authorized to ac cept 2811
3943	3943	wagers on such simulcast signals for a number of performances 2812
3944	3944	not to exceed that which constitutes a full schedule of live 2813
3945	3945	races for a quarter horse permitholder pursuant to s. 2814
3946	3946	550.002(10) 550.002(11), notwithstanding any other provision of 2815
3947	3947	this chapter to the contrary, except that the restrictions 2816
3948	3948	provided in s. 550.615(9)(a) apply to wagers on such simulcast 2817
3949	3949	signals. 2818
3950	3950	2819
3951	3951	No thoroughbred permitholder shall be required to continue to 2820
3952	3952	rebroadcast a simulcast signal to any in -state permitholder if 2821
3953	3953	the average per performance gross receipts returned to the host 2822
3954	3954	permitholder over the preceding 30 -day period were less than 2823
3955	3955	$100. Subject to the provisions of s. 550.615(4), as a condition 2824
3956	3956	of receiving rebroadcasts of thoroughbred simulcast signals 2825
3957	3957
3958	3958	HB 7041 2022
3959	3959
3960	3960
3961	3961
3962	3962	CODING: Words stricken are deletions; words underlined are additions.
3963	3963	hb7041-00
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3965	3965	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
3966	3966
3967	3967	under this paragraph, a guest permitholder must accept 2826
3968	3968	intertrack wagers on all live races conducted by all then -2827
3969	3969	operating thoroughbred permitholders. 2828
3970	3970	Section 44. Subsections (1) and (2) of section 550.6308, 2829
3971	3971	Florida Statutes, are amended to read: 2830
3972	3972	550.6308 Limited intertrack wagering license. —In 2831
3973	3973	recognition of the economic importance of the thoroughbred 2832
3974	3974	breeding industry to this state, its positive impact on tourism, 2833
3975	3975	and of the importance of a permanent thoroughbred sales facility 2834
3976	3976	as a key focal point for the ac tivities of the industry, a 2835
3977	3977	limited license to conduct intertrack wagering is established to 2836
3978	3978	ensure the continued viability and public interest in 2837
3979	3979	thoroughbred breeding in Florida. 2838
3980	3980	(1) Upon application to the commission division on or 2839
3981	3981	before January 31 of each year, any person that is licensed to 2840
3982	3982	conduct public sales of thoroughbred horses pursuant to s. 2841
3983	3983	535.01 and that has conducted at least 8 days of thoroughbred 2842
3984	3984	horse sales at a permanent sales facility in this state for at 2843
3985	3985	least 3 consecutive years be fore such application shall be 2844
3986	3986	issued a license, subject to the conditions set forth in this 2845
3987	3987	section, to conduct intertrack wagering at such a permanent 2846
3988	3988	sales facility. No more than one such license may be issued, and 2847
3989	3989	no such license may be issued for a fa cility located within 50 2848
3990	3990	miles of any thoroughbred permitholder's track. 2849
3991	3991	(2) If more than one application is submitted for such 2850
3992	3992
3993	3993	HB 7041 2022
3994	3994
3995	3995
3996	3996
3997	3997	CODING: Words stricken are deletions; words underlined are additions.
3998	3998	hb7041-00
3999	3999	Page 115 of 163
4000	4000	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
4001	4001
4002	4002	license, the commission division shall determine which applicant 2851
4003	4003	shall be granted the license. In making its determination, th e 2852
4004	4004	commission division shall grant the license to the applicant 2853
4005	4005	demonstrating superior capabilities, as measured by the length 2854
4006	4006	of time the applicant has been conducting thoroughbred sales 2855
4007	4007	within this state or elsewhere, the applicant's total volume of 2856
4008	4008	thoroughbred horse sales, within this state or elsewhere, the 2857
4009	4009	length of time the applicant has maintained a permanent 2858
4010	4010	thoroughbred sales facility in this state, and the quality of 2859
4011	4011	the facility. 2860
4012	4012	Section 45. Subsection (2) of section 550.70, Florida 2861
4013	4013	Statutes, is amended to read: 2862
4014	4014	550.70 Jai alai general provisions; chief court judges 2863
4015	4015	required; extension of time to construct fronton; amateur jai 2864
4016	4016	alai contests permitted under certain conditions; playing days' 2865
4017	4017	limitations; locking of pari -mutuel machines.— 2866
4018	4018	(2) The time within which the holder of a ratified permit 2867
4019	4019	for jai alai or pelota has to construct and complete a fronton 2868
4020	4020	may be extended by the commission division for a period of 24 2869
4021	4021	months after the date of the issuance of the permit, anything to 2870
4022	4022	the contrary in any statute notwithstanding. 2871
4023	4023	Section 46. Subsection (3) of section 550.902, Florida 2872
4024	4024	Statutes, is amended to read: 2873
4025	4025	550.902 Purposes.—The purposes of this compact are to: 2874
4026	4026	(3) Authorize the Florida Gaming Control Commission 2875
4027	4027
4028	4028	HB 7041 2022
4029	4029
4030	4030
4031	4031
4032	4032	CODING: Words stricken are deletions; words underlined are additions.
4033	4033	hb7041-00
4034	4034	Page 116 of 163
4035	4035	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
4036	4036
4037	4037	Department of Business and Professional Regulation to 2876
4038	4038	participate in this compact. 2877
4039	4039	Section 47. Subsection (1) of section 551.102, Florida 2878
4040	4040	Statutes, is redesignated as subsection (3), subsection (3) of 2879
4041	4041	that section is redesignated as subsection (1) and amended, and 2880
4042	4042	subsections (11) and (12) are amended to read: 2881
4043	4043	551.102 Definitions. —As used in this chapter, the term: 2882
4044	4044	(1)(3) "Commission Division" means the Florida Gaming 2883
4045	4045	Control Commission Division of Pari-mutuel Wagering of the 2884
4046	4046	Department of Business and Professional Regul ation. 2885
4047	4047	(11) "Slot machine license" means a license issued by the 2886
4048	4048	commission division authorizing a pari-mutuel permitholder to 2887
4049	4049	place and operate slot machines as provided by s. 23, Art. X of 2888
4050	4050	the State Constitution, the provisions of this chapter, and 2889
4051	4051	commission division rules. 2890
4052	4052	(12) "Slot machine licensee" means a pari -mutuel 2891
4053	4053	permitholder who holds a license issued by the commission 2892
4054	4054	division pursuant to this chapter that authorizes such person to 2893
4055	4055	possess a slot machine within facilities specified in s. 2 3, 2894
4056	4056	Art. X of the State Constitution and allows slot machine gaming. 2895
4057	4057	Section 48. Section 551.103, Florida Statutes, is amended 2896
4058	4058	to read: 2897
4059	4059	551.103 Powers and duties of the commission division and 2898
4060	4060	law enforcement.— 2899
4061	4061	(1) The commission division shall adopt, pursuant to the 2900
4062	4062
4063	4063	HB 7041 2022
4064	4064
4065	4065
4066	4066
4067	4067	CODING: Words stricken are deletions; words underlined are additions.
4068	4068	hb7041-00
4069	4069	Page 117 of 163
4070	4070	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
4071	4071
4072	4072	provisions of ss. 120.536(1) and 120.54, all rules necessary to 2901
4073	4073	implement, administer, and regulate slot machine gaming as 2902
4074	4074	authorized in this chapter. Such rules must include: 2903
4075	4075	(a) Procedures for applying for a slot machine license and 2904
4076	4076	renewal of a slot machine license. 2905
4077	4077	(b) Technical requirements and the qualifications 2906
4078	4078	contained in this chapter that are necessary to receive a slot 2907
4079	4079	machine license or slot machine occupational license. 2908
4080	4080	(c) Procedures to scientifically test and technically 2909
4081	4081	evaluate slot machines for compliance with this chapter. The 2910
4082	4082	commission division may contract with an independent testing 2911
4083	4083	laboratory to conduct any necessary testing under this section. 2912
4084	4084	An independent testing laboratory shall not be owned or 2913
4085	4085	controlled by a licensee. The use of an independent testing 2914
4086	4086	laboratory for any purpose related to the conduct of slot 2915
4087	4087	machine gaming by a licensee under this chapter shall be made 2916
4088	4088	from a list of one or more laborato ries approved by the 2917
4089	4089	commission division. 2918
4090	4090	(d) Procedures relating to slot machine revenues, 2919
4091	4091	including verifying and accounting for such revenues, auditing, 2920
4092	4092	and collecting taxes and fees consistent with this chapter. 2921
4093	4093	(e) Procedures for regulating, manag ing, and auditing the 2922
4094	4094	operation, financial data, and program information relating to 2923
4095	4095	slot machine gaming that allow the commission division and the 2924
4096	4096	Department of Law Enforcement to audit the operation, financial 2925
4097	4097
4098	4098	HB 7041 2022
4099	4099
4100	4100
4101	4101
4102	4102	CODING: Words stricken are deletions; words underlined are additions.
4103	4103	hb7041-00
4104	4104	Page 118 of 163
4105	4105	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
4106	4106
4107	4107	data, and program information of a slot mach ine licensee, as 2926
4108	4108	required by the commission division or the Department of Law 2927
4109	4109	Enforcement, and provide the commission division and the 2928
4110	4110	Department of Law Enforcement with the ability to monitor, at 2929
4111	4111	any time on a real-time basis, wagering patterns, payouts, tax 2930
4112	4112	collection, and compliance with any rules adopted by the 2931
4113	4113	commission division for the regulation and control of slot 2932
4114	4114	machines operated under this chapter. Such continuous and 2933
4115	4115	complete access, at any time on a real -time basis, shall include 2934
4116	4116	the ability of either the commission division or the Department 2935
4117	4117	of Law Enforcement to suspend play immediately on particular 2936
4118	4118	slot machines if monitoring of the facilities -based computer 2937
4119	4119	system indicates possible tampering or manipulation of those 2938
4120	4120	slot machines or the ability to suspend play immediate ly of the 2939
4121	4121	entire operation if the tampering or manipulation is of the 2940
4122	4122	computer system itself. The commission division shall notify the 2941
4123	4123	Department of Law Enforcement or the Department of Law 2942
4124	4124	Enforcement shall notify the commission division, as 2943
4125	4125	appropriate, whenever there is a suspension of play under this 2944
4126	4126	paragraph. The commission division and the Department of Law 2945
4127	4127	Enforcement shall exchange such information necessary for and 2946
4128	4128	cooperate in the investigation of the circumstances requiring 2947
4129	4129	suspension of play un der this paragraph. 2948
4130	4130	(f) Procedures for requiring each licensee at his or her 2949
4131	4131	own cost and expense to supply the commission division with a 2950
4132	4132
4133	4133	HB 7041 2022
4134	4134
4135	4135
4136	4136
4137	4137	CODING: Words stricken are deletions; words underlined are additions.
4138	4138	hb7041-00
4139	4139	Page 119 of 163
4140	4140	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
4141	4141
4142	4142	bond having the penal sum of $2 million payable to the Governor 2951
4143	4143	and his or her successors in office for each year o f the 2952
4144	4144	licensee's slot machine operations. Any bond shall be issued by 2953
4145	4145	a surety or sureties approved by the commission division and the 2954
4146	4146	Chief Financial Officer, conditioned to faithfully make the 2955
4147	4147	payments to the Chief Financial Officer in his or her capacit y 2956
4148	4148	as treasurer of the commission division. The licensee shall be 2957
4149	4149	required to keep its books and records and make reports as 2958
4150	4150	provided in this chapter and to conduct its slot machine 2959
4151	4151	operations in conformity with this chapter and all other 2960
4152	4152	provisions of law. Such bond shall be separate and distinct from 2961
4153	4153	the bond required in s. 550.125. 2962
4154	4154	(g) Procedures for requiring licensees to maintain 2963
4155	4155	specified records and submit any data, information, record, or 2964
4156	4156	report, including financial and income records, required by this 2965
4157	4157	chapter or determined by the commission division to be necessary 2966
4158	4158	to the proper implementation and enforcement of this chapter. 2967
4159	4159	(h) A requirement that the payout percentage of a slot 2968
4160	4160	machine be no less than 85 percent. 2969
4161	4161	(i) Minimum standards for sec urity of the facilities, 2970
4162	4162	including floor plans, security cameras, and other security 2971
4163	4163	equipment. 2972
4164	4164	(j) Procedures for requiring slot machine licensees to 2973
4165	4165	implement and establish drug -testing programs for all slot 2974
4166	4166	machine occupational licensees. 2975
4167	4167
4168	4168	HB 7041 2022
4169	4169
4170	4170
4171	4171
4172	4172	CODING: Words stricken are deletions; words underlined are additions.
4173	4173	hb7041-00
4174	4174	Page 120 of 163
4175	4175	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
4176	4176
4177	4177	(2) The commission division shall conduct such 2976
4178	4178	investigations necessary to fulfill its responsibilities under 2977
4179	4179	the provisions of this chapter. 2978
4180	4180	(3) The Department of Law Enforcement and local law 2979
4181	4181	enforcement agencies shall have concurrent jurisdiction to 2980
4182	4182	investigate criminal violations of this chapter and may 2981
4183	4183	investigate any other criminal violation of law occurring at the 2982
4184	4184	facilities of a slot machine licensee, and such investigations 2983
4185	4185	may be conducted in conjunction with the appropriate state 2984
4186	4186	attorney. 2985
4187	4187	(4)(a) The commission division, the Department of Law 2986
4188	4188	Enforcement, and local law enforcement agencies shall have 2987
4189	4189	unrestricted access to the slot machine licensee's facility at 2988
4190	4190	all times and shall require of each slot machine licensee strict 2989
4191	4191	compliance with the laws of this state relating to the 2990
4192	4192	transaction of such business. The commission division, the 2991
4193	4193	Department of Law Enforcement, and local law enforcement 2992
4194	4194	agencies may: 2993
4195	4195	1. Inspect and examine premises where slot machines are 2994
4196	4196	offered for play. 2995
4197	4197	2. Inspect slot mach ines and related equipment and 2996
4198	4198	supplies. 2997
4199	4199	(b) In addition, the commission division may: 2998
4200	4200	1. Collect taxes, assessments, fees, and penalties. 2999
4201	4201	2. Deny, revoke, suspend, or place conditions on the 3000
4202	4202
4203	4203	HB 7041 2022
4204	4204
4205	4205
4206	4206
4207	4207	CODING: Words stricken are deletions; words underlined are additions.
4208	4208	hb7041-00
4209	4209	Page 121 of 163
4210	4210	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
4211	4211
4212	4212	license of a person who violates any provision of this cha pter 3001
4213	4213	or rule adopted pursuant thereto. 3002
4214	4214	(5) The commission division shall revoke or suspend the 3003
4215	4215	license of any person who is no longer qualified or who is 3004
4216	4216	found, after receiving a license, to have been unqualified at 3005
4217	4217	the time of application for the licens e. 3006
4218	4218	(6) This section does not: 3007
4219	4219	(a) Prohibit the Department of Law Enforcement or any law 3008
4220	4220	enforcement authority whose jurisdiction includes a licensed 3009
4221	4221	facility from conducting investigations of criminal activities 3010
4222	4222	occurring at the facility of the slot ma chine licensee; 3011
4223	4223	(b) Restrict access to the slot machine licensee's 3012
4224	4224	facility by the Department of Law Enforcement or any local law 3013
4225	4225	enforcement authority whose jurisdiction includes the slot 3014
4226	4226	machine licensee's facility; or 3015
4227	4227	(c) Restrict access by the Depa rtment of Law Enforcement 3016
4228	4228	or local law enforcement authorities to information and records 3017
4229	4229	necessary to the investigation of criminal activity that are 3018
4230	4230	contained within the slot machine licensee's facility. 3019
4231	4231	Section 49. Subsections (1) and (2), paragraph s (b), (c), 3020
4232	4232	(d), (e), (f), (g), (h), and (i) of subsection (4), subsections 3021
4233	4233	(6), (7), (8), and (9), and paragraphs (a) and (b) of subsection 3022
4234	4234	(10) of section 551.104, Florida Statutes, are amended to read: 3023
4235	4235	551.104 License to conduct slot machine gaming. — 3024
4236	4236	(1) Upon application and a finding by the commission 3025
4237	4237
4238	4238	HB 7041 2022
4239	4239
4240	4240
4241	4241
4242	4242	CODING: Words stricken are deletions; words underlined are additions.
4243	4243	hb7041-00
4244	4244	Page 122 of 163
4245	4245	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
4246	4246
4247	4247	division after investigation that the application is complete 3026
4248	4248	and the applicant is qualified and payment of the initial 3027
4249	4249	license fee, the commission division may issue a license to 3028
4250	4250	conduct slot machine gaming in the designated slot machine 3029
4251	4251	gaming area of the eligible facility. Once licensed, slot 3030
4252	4252	machine gaming may be conducted subject to the requirements of 3031
4253	4253	this chapter and rules adopted pursuant thereto. 3032
4254	4254	(2) An application may be approved by the commission 3033
4255	4255	division only after the voters of the county where the 3034
4256	4256	applicant's facility is located have authorized by referendum 3035
4257	4257	slot machines within pari -mutuel facilities in that county as 3036
4258	4258	specified in s. 23, Art. X of the State Constitution. 3037
4259	4259	(4) As a condition of licensure and to maintain continued 3038
4260	4260	authority for the conduct of slot machine gaming, the slot 3039
4261	4261	machine licensee shall: 3040
4262	4262	(b) Continue to be in compliance with chapter 550, where 3041
4263	4263	applicable, and maintain the pari -mutuel permit and license in 3042
4264	4264	good standing pursuant to the provisions of chapter 550. 3043
4265	4265	Notwithstanding any contrary provision of law and in order to 3044
4266	4266	expedite the operation of slot machines at eligible facilities, 3045
4267	4267	any eligible facility shall be entitled within 60 days after the 3046
4268	4268	effective date of this act to amend its 2006 -2007 pari-mutuel 3047
4269	4269	wagering operating license issued by the commission division 3048
4270	4270	under ss. 550.0115 and 550.01215. The commission division shall 3049
4271	4271	issue a new license to the eligible facility to effectuate any 3050
4272	4272
4273	4273	HB 7041 2022
4274	4274
4275	4275
4276	4276
4277	4277	CODING: Words stricken are deletions; words underlined are additions.
4278	4278	hb7041-00
4279	4279	Page 123 of 163
4280	4280	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
4281	4281
4282	4282	approved change. 3051
4283	4283	(c) If a thoroughbred permitholder, conduct no fewer than 3052
4284	4284	a full schedule of live racing or games as defined in s. 3053
4285	4285	550.002(10) 550.002(11). A permitholder's responsibility to 3054
4286	4286	conduct live races or games shall be reduced by the number of 3055
4287	4287	races or games that c ould not be conducted due to the direct 3056
4288	4288	result of fire, strike, war, hurricane, pandemic, or other 3057
4289	4289	disaster or event beyond the control of the permitholder. 3058
4290	4290	(d) Upon approval of any changes relating to the pari -3059
4291	4291	mutuel permit by the commission division, be responsible for 3060
4292	4292	providing appropriate current and accurate documentation on a 3061
4293	4293	timely basis to the commission division in order to continue the 3062
4294	4294	slot machine license in good standing. Changes in ownership or 3063
4295	4295	interest of a slot machine license of 5 perce nt or more of the 3064
4296	4296	stock or other evidence of ownership or equity in the slot 3065
4297	4297	machine license or any parent corporation or other business 3066
4298	4298	entity that in any way owns or controls the slot machine license 3067
4299	4299	shall be approved by the commission division prior to such 3068
4300	4300	change, unless the owner is an existing holder of that license 3069
4301	4301	who was previously approved by the commission division. Changes 3070
4302	4302	in ownership or interest of a slot machine license of less than 3071
4303	4303	5 percent, unless such change results in a cumulative total of 5 3072
4304	4304	percent or more, shall be reported to the commission division 3073
4305	4305	within 20 days after the change. The commission division may 3074
4306	4306	then conduct an investigation to ensure that the license is 3075
4307	4307
4308	4308	HB 7041 2022
4309	4309
4310	4310
4311	4311
4312	4312	CODING: Words stricken are deletions; words underlined are additions.
4313	4313	hb7041-00
4314	4314	Page 124 of 163
4315	4315	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
4316	4316
4317	4317	properly updated to show the change in ownership or interest. No 3076
4318	4318	reporting is required if the person is holding 5 percent or less 3077
4319	4319	equity or securities of a corporate owner of the slot machin e 3078
4320	4320	licensee that has its securities registered pursuant to s. 12 of 3079
4321	4321	the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a -78kk, and 3080
4322	4322	if such corporation or entity files with the United States 3081
4323	4323	Securities and Exchange Commission the reports required by s. 13 3082
4324	4324	of that act or if the securities of the corporation or entity 3083
4325	4325	are regularly traded on an established securities market in the 3084
4326	4326	United States. A change in ownership or interest of less than 5 3085
4327	4327	percent which results in a cumulative ownership or interest of 5 3086
4328	4328	percent or more shall be approved by the commission division 3087
4329	4329	prior to such change unless the owner is an existing holder of 3088
4330	4330	the license who was previously approved by the commission 3089
4331	4331	division. 3090
4332	4332	(e) Allow the commission division and the Department of 3091
4333	4333	Law Enforcement unrestricted access to and right of inspection 3092
4334	4334	of facilities of a slot machine licensee in which any activity 3093
4335	4335	relative to the conduct of slot machine gaming is conducted. 3094
4336	4336	(f) Ensure that the facilities -based computer system that 3095
4337	4337	the licensee will use for operational and accounting functions 3096
4338	4338	of the slot machine facility is specifically structured to 3097
4339	4339	facilitate regulatory oversight. The facilities -based computer 3098
4340	4340	system shall be designed to provide the commission division and 3099
4341	4341	the Department of Law E nforcement with the ability to monitor, 3100
4342	4342
4343	4343	HB 7041 2022
4344	4344
4345	4345
4346	4346
4347	4347	CODING: Words stricken are deletions; words underlined are additions.
4348	4348	hb7041-00
4349	4349	Page 125 of 163
4350	4350	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
4351	4351
4352	4352	at any time on a real -time basis, the wagering patterns, 3101
4353	4353	payouts, tax collection, and such other operations as necessary 3102
4354	4354	to determine whether the facility is in compliance with 3103
4355	4355	statutory provisions and rules adopted by the commission 3104
4356	4356	division for the regulation and control of slot machine gaming. 3105
4357	4357	The commission division and the Department of Law Enforcement 3106
4358	4358	shall have complete and continuous access to this system. Such 3107
4359	4359	access shall include the ability of either the commission 3108
4360	4360	division or the Department of Law Enforcement to suspend play 3109
4361	4361	immediately on particular slot machines if monitoring of the 3110
4362	4362	system indicates possible tampering or manipulation of those 3111
4363	4363	slot machines or the ability to suspend play immediately of the 3112
4364	4364	entire operation if the tampering or manipulation is of the 3113
4365	4365	computer system itself. The computer system shall be reviewed 3114
4366	4366	and approved by the commission division to ensure necessary 3115
4367	4367	access, security, and functionality. The commission division may 3116
4368	4368	adopt rules to provide for the approval process. 3117
4369	4369	(g) Ensure that each slot machine is protected from 3118
4370	4370	manipulation or tampering to affect the random probabilities of 3119
4371	4371	winning plays. The commission division or the Department of Law 3120
4372	4372	Enforcement shall have the author ity to suspend play upon 3121
4373	4373	reasonable suspicion of any manipulation or tampering. When play 3122
4374	4374	has been suspended on any slot machine, the commission division 3123
4375	4375	or the Department of Law Enforcement may examine any slot 3124
4376	4376	machine to determine whether the machine has been tampered with 3125
4377	4377
4378	4378	HB 7041 2022
4379	4379
4380	4380
4381	4381
4382	4382	CODING: Words stricken are deletions; words underlined are additions.
4383	4383	hb7041-00
4384	4384	Page 126 of 163
4385	4385	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
4386	4386
4387	4387	or manipulated and whether the machine should be returned to 3126
4388	4388	operation. 3127
4389	4389	(h) Submit a security plan, including the facilities' 3128
4390	4390	floor plan, the locations of security cameras, and a listing of 3129
4391	4391	all security equipment that is capable of ob serving and 3130
4392	4392	electronically recording activities being conducted in the 3131
4393	4393	facilities of the slot machine licensee. The security plan must 3132
4394	4394	meet the minimum security requirements as determined by the 3133
4395	4395	commission division under s. 551.103(1)(i) and be implemented 3134
4396	4396	prior to operation of slot machine gaming. The slot machine 3135
4397	4397	licensee's facilities must adhere to the security plan at all 3136
4398	4398	times. Any changes to the security plan must be submitted by the 3137
4399	4399	licensee to the commission division prior to implementation. The 3138
4400	4400	commission division shall furnish copies of the security plan 3139
4401	4401	and changes in the plan to the Department of Law Enforcement. 3140
4402	4402	(i) Create and file with the commission division a written 3141
4403	4403	policy for: 3142
4404	4404	1. Creating opportunities to purchase from vendors in this 3143
4405	4405	state, including minority vendors. 3144
4406	4406	2. Creating opportunities for employment of residents of 3145
4407	4407	this state, including minority residents. 3146
4408	4408	3. Ensuring opportunities for construction services from 3147
4409	4409	minority contractors. 3148
4410	4410	4. Ensuring that opportunities for emp loyment are offered 3149
4411	4411	on an equal, nondiscriminatory basis. 3150
4412	4412
4413	4413	HB 7041 2022
4414	4414
4415	4415
4416	4416
4417	4417	CODING: Words stricken are deletions; words underlined are additions.
4418	4418	hb7041-00
4419	4419	Page 127 of 163
4420	4420	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
4421	4421
4422	4422	5. Training for employees on responsible gaming and 3151
4423	4423	working with a compulsive or addictive gambling prevention 3152
4424	4424	program to further its purposes as provided for in s. 551.118. 3153
4425	4425	6. The implementatio n of a drug-testing program that 3154
4426	4426	includes, but is not limited to, requiring each employee to sign 3155
4427	4427	an agreement that he or she understands that the slot machine 3156
4428	4428	facility is a drug-free workplace. 3157
4429	4429	3158
4430	4430	The slot machine licensee shall use the Internet -based job-3159
4431	4431	listing system of the Department of Economic Opportunity in 3160
4432	4432	advertising employment opportunities. Beginning in June 2007, 3161
4433	4433	Each slot machine licensee shall provide an annual report to the 3162
4434	4434	Florida Gaming Control Commission division containing 3163
4435	4435	information indicating compliance with this paragraph in regard 3164
4436	4436	to minority persons. 3165
4437	4437	(6) A slot machine licensee shall keep and maintain 3166
4438	4438	permanent daily records of its slot machine operation and shall 3167
4439	4439	maintain such records for a period of not less than 5 years. 3168
4440	4440	These records must include all financial transactions and 3169
4441	4441	contain sufficient detail to determine compliance with the 3170
4442	4442	requirements of this chapter. All records shall be available for 3171
4443	4443	audit and inspection by the commission division, the Department 3172
4444	4444	of Law Enforcement, or other law enforcement agencies during the 3173
4445	4445	licensee's regular business hours. 3174
4446	4446	(7) A slot machine licensee shall file with the commission 3175
4447	4447
4448	4448	HB 7041 2022
4449	4449
4450	4450
4451	4451
4452	4452	CODING: Words stricken are deletions; words underlined are additions.
4453	4453	hb7041-00
4454	4454	Page 128 of 163
4455	4455	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
4456	4456
4457	4457	division a monthly report containing the required records of 3176
4458	4458	such slot machine operation. The required reports sh all be 3177
4459	4459	submitted on forms prescribed by the commission division and 3178
4460	4460	shall be due at the same time as the monthly pari -mutuel reports 3179
4461	4461	are due to the commission division, and the reports shall be 3180
4462	4462	deemed public records once filed. 3181
4463	4463	(8) A slot machine license e shall file with the commission 3182
4464	4464	division an audit of the receipt and distribution of all slot 3183
4465	4465	machine revenues provided by an independent certified public 3184
4466	4466	accountant verifying compliance with all financial and auditing 3185
4467	4467	provisions of this chapter and the associated rules adopted 3186
4468	4468	under this chapter. The audit must include verification of 3187
4469	4469	compliance with all statutes and rules regarding all required 3188
4470	4470	records of slot machine operations. Such audit shall be filed 3189
4471	4471	within 60 days after the completion of the permitholder's pari -3190
4472	4472	mutuel meet. 3191
4473	4473	(9) The commission division may share any information with 3192
4474	4474	the Department of Law Enforcement, any other law enforcement 3193
4475	4475	agency having jurisdiction over slot machine gaming or pari -3194
4476	4476	mutuel activities, or any other state or federal law enforcement 3195
4477	4477	agency the commission division or the Department of Law 3196
4478	4478	Enforcement deems appropriate. Any law enforcement agency having 3197
4479	4479	jurisdiction over slot machine gaming or pari -mutuel activities 3198
4480	4480	may share any information obtained or developed by it with the 3199
4481	4481	commission division. 3200
4482	4482
4483	4483	HB 7041 2022
4484	4484
4485	4485
4486	4486
4487	4487	CODING: Words stricken are deletions; words underlined are additions.
4488	4488	hb7041-00
4489	4489	Page 129 of 163
4490	4490	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
4491	4491
4492	4492	(10)(a)1. No slot machine license or renewal thereof shall 3201
4493	4493	be issued to an applicant holding a permit under chapter 550 to 3202
4494	4494	conduct pari-mutuel wagering meets of thoroughbred racing unless 3203
4495	4495	the applicant has on file with the commission division a binding 3204
4496	4496	written agreement between the applicant and the Florida 3205
4497	4497	Horsemen's Benevolent and Protective Association, Inc., 3206
4498	4498	governing the payment of purses on live thoroughbred races 3207
4499	4499	conducted at the licensee's pari -mutuel facility. In addition, 3208
4500	4500	no slot machine license or renewa l thereof shall be issued to 3209
4501	4501	such an applicant unless the applicant has on file with the 3210
4502	4502	commission division a binding written agreement between the 3211
4503	4503	applicant and the Florida Thoroughbred Breeders' Association, 3212
4504	4504	Inc., governing the payment of breeders', sta llion, and special 3213
4505	4505	racing awards on live thoroughbred races conducted at the 3214
4506	4506	licensee's pari-mutuel facility. The agreement governing purses 3215
4507	4507	and the agreement governing awards may direct the payment of 3216
4508	4508	such purses and awards from revenues generated by any wagering 3217
4509	4509	or gaming the applicant is authorized to conduct under Florida 3218
4510	4510	law. All purses and awards shall be subject to the terms of 3219
4511	4511	chapter 550. All sums for breeders', stallion, and special 3220
4512	4512	racing awards shall be remitted monthly to the Florida 3221
4513	4513	Thoroughbred Breeders' Association, Inc., for the payment of 3222
4514	4514	awards subject to the administrative fee authorized in s. 3223
4515	4515	550.2625(3). 3224
4516	4516	2. No slot machine license or renewal thereof shall be 3225
4517	4517
4518	4518	HB 7041 2022
4519	4519
4520	4520
4521	4521
4522	4522	CODING: Words stricken are deletions; words underlined are additions.
4523	4523	hb7041-00
4524	4524	Page 130 of 163
4525	4525	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
4526	4526
4527	4527	issued to an applicant holding a permit under chapter 550 to 3226
4528	4528	conduct pari-mutuel wagering meets of quarter horse racing 3227
4529	4529	unless the applicant has on file with the commission division a 3228
4530	4530	binding written agreement between the applicant and the Florida 3229
4531	4531	Quarter Horse Racing Association or the association representing 3230
4532	4532	a majority of the ho rse owners and trainers at the applicant's 3231
4533	4533	eligible facility, governing the payment of purses on live 3232
4534	4534	quarter horse races conducted at the licensee's pari -mutuel 3233
4535	4535	facility. The agreement governing purses may direct the payment 3234
4536	4536	of such purses from revenues g enerated by any wagering or gaming 3235
4537	4537	the applicant is authorized to conduct under Florida law. All 3236
4538	4538	purses shall be subject to the terms of chapter 550. 3237
4539	4539	(b) The commission division shall suspend a slot machine 3238
4540	4540	license if one or more of the agreements requir ed under 3239
4541	4541	paragraph (a) are terminated or otherwise cease to operate or if 3240
4542	4542	the commission division determines that the licensee is 3241
4543	4543	materially failing to comply with the terms of such an 3242
4544	4544	agreement. Any such suspension shall take place in accordance 3243
4545	4545	with chapter 120. 3244
4546	4546	Section 50. Subsection (1) of section 551.1045, Florida 3245
4547	4547	Statutes, is amended to read: 3246
4548	4548	551.1045 Temporary licenses. — 3247
4549	4549	(1) Notwithstanding any provision of s. 120.60 to the 3248
4550	4550	contrary, the commission division may issue a temporary 3249
4551	4551	occupational license upon the receipt of a complete application 3250
4552	4552
4553	4553	HB 7041 2022
4554	4554
4555	4555
4556	4556
4557	4557	CODING: Words stricken are deletions; words underlined are additions.
4558	4558	hb7041-00
4559	4559	Page 131 of 163
4560	4560	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
4561	4561
4562	4562	from the applicant and a determination that the applicant has 3251
4563	4563	not been convicted of or had adjudication withheld on any 3252
4564	4564	disqualifying criminal offense. The temporary occupational 3253
4565	4565	license remains valid unti l such time as the commission division 3254
4566	4566	grants an occupational license or notifies the applicant of its 3255
4567	4567	intended decision to deny the applicant a license pursuant to 3256
4568	4568	the provisions of s. 120.60. The commission division shall adopt 3257
4569	4569	rules to administer this s ubsection. However, not more than one 3258
4570	4570	temporary license may be issued for any person in any year. 3259
4571	4571	Section 51. Subsection (3) of section 551.105, Florida 3260
4572	4572	Statutes, is amended to read: 3261
4573	4573	551.105 Slot machine license renewal. — 3262
4574	4574	(3) Upon determination by the commission division that the 3263
4575	4575	application for renewal is complete and qualifications have been 3264
4576	4576	met, including payment of the renewal fee, the slot machine 3265
4577	4577	license shall be renewed annually. 3266
4578	4578	Section 52. Paragraph (a) of subsection (1), paragraph (b) 3267
4579	4579	of subsection (2), and subsections (3), (4), and (5) of section 3268
4580	4580	551.106, Florida Statutes, are amended to read: 3269
4581	4581	551.106 License fee; tax rate; penalties. — 3270
4582	4582	(1) LICENSE FEE.— 3271
4583	4583	(a) Upon submission of the initial application for a slot 3272
4584	4584	machine license and annually thereafter, on the anniversary date 3273
4585	4585	of the issuance of the initial license, the licensee must pay to 3274
4586	4586	the commission division a nonrefundable license fee of $3 3275
4587	4587
4588	4588	HB 7041 2022
4589	4589
4590	4590
4591	4591
4592	4592	CODING: Words stricken are deletions; words underlined are additions.
4593	4593	hb7041-00
4594	4594	Page 132 of 163
4595	4595	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
4596	4596
4597	4597	million for the succeeding 12 months of licensure. In the 2010-3276
4598	4598	2011 fiscal year, the licensee must pay the division a 3277
4599	4599	nonrefundable license fee of $2.5 million for the succeeding 12 3278
4600	4600	months of licensure. In the 2011 -2012 fiscal year and for every 3279
4601	4601	fiscal year thereafter, The licensee must pay the commission 3280
4602	4602	division a nonrefundable license fee of $2 million for the 3281
4603	4603	succeeding 12 months of licensure. The license fee shall be 3282
4604	4604	deposited into the Pari -mutuel Wagering Trust Fund of the 3283
4605	4605	Department of Business and Profession al Regulation to be used by 3284
4606	4606	the commission division and the Department of Law Enforcement 3285
4607	4607	for investigations, regulation of slot machine gaming, and 3286
4608	4608	enforcement of slot machine gaming provisions under this 3287
4609	4609	chapter. These payments shall be accounted for sep arately from 3288
4610	4610	taxes or fees paid pursuant to the provisions of chapter 550. 3289
4611	4611	(2) TAX ON SLOT MACHINE REVENUES. — 3290
4612	4612	(b) The slot machine revenue tax imposed by this section 3291
4613	4613	shall be paid to the commission division for deposit into the 3292
4614	4614	Pari-mutuel Wagering Trust Fund for immediate transfer by the 3293
4615	4615	Chief Financial Officer for deposit into the Educational 3294
4616	4616	Enhancement Trust Fund of the Department of Education. Any 3295
4617	4617	interest earnings on the tax revenues shall also be transferred 3296
4618	4618	to the Educational Enhancement Trust Fund. 3297
4619	4619	(3) PAYMENT AND DISPOSITION OF TAXES. —Payment for the tax 3298
4620	4620	on slot machine revenues imposed by this section shall be paid 3299
4621	4621	to the commission division. The commission division shall 3300
4622	4622
4623	4623	HB 7041 2022
4624	4624
4625	4625
4626	4626
4627	4627	CODING: Words stricken are deletions; words underlined are additions.
4628	4628	hb7041-00
4629	4629	Page 133 of 163
4630	4630	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
4631	4631
4632	4632	deposit these sums with the Chief Financial Officer, to the 3301
4633	4633	credit of the Pari-mutuel Wagering Trust Fund. The slot machine 3302
4634	4634	licensee shall remit to the commission division payment for the 3303
4635	4635	tax on slot machine revenues. Such payments shall be remitted by 3304
4636	4636	3 p.m. Wednesday of each week for taxes imposed and collected 3305
4637	4637	for the preceding week ending on Sunday. Beginning on July 1, 3306
4638	4638	2012, the slot machine licensee shall remit to the commission 3307
4639	4639	division payment for the tax on slot machine revenues by 3 p.m. 3308
4640	4640	on the 5th day of each calendar month for taxes imposed and 3309
4641	4641	collected for the preceding calendar month. If the 5th day of 3310
4642	4642	the calendar month falls on a weekend, payments shall be 3311
4643	4643	remitted by 3 p.m. the first Monday following the weekend. The 3312
4644	4644	slot machine licensee shall file a report under oath by the 5th 3313
4645	4645	day of each calendar month for all taxes remitted during the 3314
4646	4646	preceding calendar month. Such payments shall be accompanied by 3315
4647	4647	a report under oath showing all slot machine gaming activities 3316
4648	4648	for the preceding calendar month and such other information as 3317
4649	4649	may be prescribed by the commission division. 3318
4650	4650	(4) TO PAY TAX; PENALTIES. —A slot machine licensee who 3319
4651	4651	fails to make tax payments as re quired under this section is 3320
4652	4652	subject to an administrative penalty of up to $10,000 for each 3321
4653	4653	day the tax payment is not remitted. All administrative 3322
4654	4654	penalties imposed and collected shall be deposited into the 3323
4655	4655	Pari-mutuel Wagering Trust Fund of the Department of Business 3324
4656	4656	and Professional Regulation . If any slot machine licensee fails 3325
4657	4657
4658	4658	HB 7041 2022
4659	4659
4660	4660
4661	4661
4662	4662	CODING: Words stricken are deletions; words underlined are additions.
4663	4663	hb7041-00
4664	4664	Page 134 of 163
4665	4665	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
4666	4666
4667	4667	to pay penalties imposed by order of the commission division 3326
4668	4668	under this subsection, the commission division may suspend, 3327
4669	4669	revoke, or refuse to renew the license of the slot machin e 3328
4670	4670	licensee. 3329
4671	4671	(5) SUBMISSION OF FUNDS. —The commission division may 3330
4672	4672	require slot machine licensees to remit taxes, fees, fines, and 3331
4673	4673	assessments by electronic funds transfer. 3332
4674	4674	Section 53. Paragraph (b) of subsection (2), paragraphs 3333
4675	4675	(a), (c), and (d) of su bsection (4), subsection (5), paragraphs 3334
4676	4676	(a) and (b) of subsection (6), and subsections (7), (9), (10), 3335
4677	4677	and (11) of section 551.107, Florida Statutes, are amended to 3336
4678	4678	read: 3337
4679	4679	551.107 Slot machine occupational license; findings; 3338
4680	4680	application; fee.— 3339
4681	4681	(2) 3340
4682	4682	(b) The commission division may issue one license to 3341
4683	4683	combine licenses under this section with pari -mutuel 3342
4684	4684	occupational licenses and cardroom licenses pursuant to s. 3343
4685	4685	550.105(2)(b). The commission division shall adopt rules 3344
4686	4686	pertaining to occupational licenses u nder this subsection. Such 3345
4687	4687	rules may specify, but need not be limited to, requirements and 3346
4688	4688	restrictions for licensed occupations and categories, procedures 3347
4689	4689	to apply for any license or combination of licenses, 3348
4690	4690	disqualifying criminal offenses for a licensed occupation or 3349
4691	4691	categories of occupations, and which types of occupational 3350
4692	4692
4693	4693	HB 7041 2022
4694	4694
4695	4695
4696	4696
4697	4697	CODING: Words stricken are deletions; words underlined are additions.
4698	4698	hb7041-00
4699	4699	Page 135 of 163
4700	4700	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
4701	4701
4702	4702	licenses may be combined into a single license under this 3351
4703	4703	section. The fingerprinting requirements of subsection (7) apply 3352
4704	4704	to any combination license that includes slot machine licens e 3353
4705	4705	privileges under this section. The commission division may not 3354
4706	4706	adopt a rule allowing the issuance of an occupational license to 3355
4707	4707	any person who does not meet the minimum background 3356
4708	4708	qualifications under this section. 3357
4709	4709	(4)(a) A person seeking a slot machin e occupational 3358
4710	4710	license or renewal thereof shall make application on forms 3359
4711	4711	prescribed by the commission division and include payment of the 3360
4712	4712	appropriate application fee. Initial and renewal applications 3361
4713	4713	for slot machine occupational licenses must contain all 3362
4714	4714	information that the commission division, by rule, determines is 3363
4715	4715	required to ensure eligibility. 3364
4716	4716	(c) Pursuant to rules adopted by the commission division, 3365
4717	4717	any person may apply for and, if qualified, be issued a slot 3366
4718	4718	machine occupational license valid fo r a period of 3 years upon 3367
4719	4719	payment of the full occupational license fee for each of the 3 3368
4720	4720	years for which the license is issued. The slot machine 3369
4721	4721	occupational license is valid during its specified term at any 3370
4722	4722	licensed facility where slot machine gaming is authorized to be 3371
4723	4723	conducted. 3372
4724	4724	(d) The slot machine occupational license fee for initial 3373
4725	4725	application and annual renewal shall be determined by rule of 3374
4726	4726	the commission division but may not exceed $50 for a general or 3375
4727	4727
4728	4728	HB 7041 2022
4729	4729
4730	4730
4731	4731
4732	4732	CODING: Words stricken are deletions; words underlined are additions.
4733	4733	hb7041-00
4734	4734	Page 136 of 163
4735	4735	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
4736	4736
4737	4737	professional occupational license for an e mployee of the slot 3376
4738	4738	machine licensee or $1,000 for a business occupational license 3377
4739	4739	for nonemployees of the licensee providing goods or services to 3378
4740	4740	the slot machine licensee. License fees for general occupational 3379
4741	4741	licensees shall be paid by the slot machine licensee. Failure to 3380
4742	4742	pay the required fee constitutes grounds for disciplinary action 3381
4743	4743	by the commission division against the slot machine licensee, 3382
4744	4744	but it is not a violation of this chapter or rules of the 3383
4745	4745	commission division by the general occupational li censee and 3384
4746	4746	does not prohibit the initial issuance or the renewal of the 3385
4747	4747	general occupational license. 3386
4748	4748	(5) The commission division may: 3387
4749	4749	(a) Deny an application for, or revoke, suspend, or place 3388
4750	4750	conditions or restrictions on, a license of a person or ent ity 3389
4751	4751	that has been refused a license by any other state gaming 3390
4752	4752	commission, governmental department, agency, or other authority 3391
4753	4753	exercising regulatory jurisdiction over the gaming of another 3392
4754	4754	state or jurisdiction; or 3393
4755	4755	(b) Deny an application for, or suspend or place 3394
4756	4756	conditions on, a license of any person or entity that is under 3395
4757	4757	suspension or has unpaid fines in another state or jurisdiction. 3396
4758	4758	(6)(a) The commission division may deny, suspend, revoke, 3397
4759	4759	or refuse to renew any slot machine occupational license if the 3398
4760	4760	applicant for such license or the licensee has violated the 3399
4761	4761	provisions of this chapter or the rules of the commission 3400
4762	4762
4763	4763	HB 7041 2022
4764	4764
4765	4765
4766	4766
4767	4767	CODING: Words stricken are deletions; words underlined are additions.
4768	4768	hb7041-00
4769	4769	Page 137 of 163
4770	4770	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
4771	4771
4772	4772	division governing the conduct of persons connected with slot 3401
4773	4773	machine gaming. In addition, the commission division may deny, 3402
4774	4774	suspend, revoke, or refuse to renew any slot machine 3403
4775	4775	occupational license if the applicant for such license or the 3404
4776	4776	licensee has been convicted in this state, in any other state, 3405
4777	4777	or under the laws of the United States of a capital felony, a 3406
4778	4778	felony, or an offense in any other state that would be a felony 3407
4779	4779	under the laws of this state involving arson; trafficking in, 3408
4780	4780	conspiracy to traffic in, smuggling, importing, conspiracy to 3409
4781	4781	smuggle or import, or delivery, sale, or distribution of a 3410
4782	4782	controlled substance; racketeerin g; or a crime involving a lack 3411
4783	4783	of good moral character, or has had a gaming license revoked by 3412
4784	4784	this state or any other jurisdiction for any gaming -related 3413
4785	4785	offense. 3414
4786	4786	(b) The commission division may deny, revoke, or refuse to 3415
4787	4787	renew any slot machine occupati onal license if the applicant for 3416
4788	4788	such license or the licensee has been convicted of a felony or 3417
4789	4789	misdemeanor in this state, in any other state, or under the laws 3418
4790	4790	of the United States if such felony or misdemeanor is related to 3419
4791	4791	gambling or bookmaking as des cribed in s. 849.25. 3420
4792	4792	(7) Fingerprints for all slot machine occupational license 3421
4793	4793	applications shall be taken in a manner approved by the 3422
4794	4794	commission division and shall be submitted electronically to the 3423
4795	4795	Department of Law Enforcement for state processing an d the 3424
4796	4796	Federal Bureau of Investigation for national processing for a 3425
4797	4797
4798	4798	HB 7041 2022
4799	4799
4800	4800
4801	4801
4802	4802	CODING: Words stricken are deletions; words underlined are additions.
4803	4803	hb7041-00
4804	4804	Page 138 of 163
4805	4805	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
4806	4806
4807	4807	criminal history record check. All persons as specified in s. 3426
4808	4808	550.1815(1)(a) employed by or working within a licensed premises 3427
4809	4809	shall submit fingerprints for a criminal history record check 3428
4810	4810	and may not have been convicted of any disqualifying criminal 3429
4811	4811	offenses specified in subsection (6). Commission Division 3430
4812	4812	employees and law enforcement officers assigned by their 3431
4813	4813	employing agencies to work within the premises as part of their 3432
4814	4814	official duties are excluded from the criminal history record 3433
4815	4815	check requirements under this subsection. For purposes of this 3434
4816	4816	subsection, the term "convicted" means having been found guilty, 3435
4817	4817	with or without adjudication of guilt, as a result of a jury 3436
4818	4818	verdict, nonjury trial, or entry of a plea of guilty or nolo 3437
4819	4819	contendere. 3438
4820	4820	(a) Fingerprints shall be taken in a manner approved by 3439
4821	4821	the commission division upon initial application, or as required 3440
4822	4822	thereafter by rule of the commission division, and shall be 3441
4823	4823	submitted electronically to the Department of Law Enforcement 3442
4824	4824	for state processing. The Department of Law Enforcement shall 3443
4825	4825	forward the fingerprints to the Federal Bureau of Investigation 3444
4826	4826	for national processing. The results of the criminal history 3445
4827	4827	record check shall be returned to the commission division for 3446
4828	4828	purposes of screening. Licensees shall provide necessary 3447
4829	4829	equipment approved by the Department of Law Enforcement to 3448
4830	4830	facilitate such electronic submission. The commission division 3449
4831	4831	requirements under this subsection shall be instituted in 3450
4832	4832
4833	4833	HB 7041 2022
4834	4834
4835	4835
4836	4836
4837	4837	CODING: Words stricken are deletions; words underlined are additions.
4838	4838	hb7041-00
4839	4839	Page 139 of 163
4840	4840	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
4841	4841
4842	4842	consultation with the Department of Law Enforcement. 3451
4843	4843	(b) The cost of processing fingerprints and conducting a 3452
4844	4844	criminal history record check for a general occupational license 3453
4845	4845	shall be borne by the slot m achine licensee. The cost of 3454
4846	4846	processing fingerprints and conducting a criminal history record 3455
4847	4847	check for a business or professional occupational license shall 3456
4848	4848	be borne by the person being checked. The Department of Law 3457
4849	4849	Enforcement may invoice the commission division for the 3458
4850	4850	fingerprints submitted each month. 3459
4851	4851	(c) All fingerprints submitted to the Department of Law 3460
4852	4852	Enforcement and required by this section shall be retained by 3461
4853	4853	the Department of Law Enforcement and entered into the statewide 3462
4854	4854	automated biometric identification system as authorized by s. 3463
4855	4855	943.05(2)(b) and shall be available for all purposes and uses 3464
4856	4856	authorized for arrest fingerprints entered into the statewide 3465
4857	4857	automated biometric identification system pursuant to s. 3466
4858	4858	943.051. 3467
4859	4859	(d) The Department o f Law Enforcement shall search all 3468
4860	4860	arrest fingerprints received pursuant to s. 943.051 against the 3469
4861	4861	fingerprints retained in the statewide automated biometric 3470
4862	4862	identification system under paragraph (c). Any arrest record 3471
4863	4863	that is identified with the retained fingerprints of a person 3472
4864	4864	subject to the criminal history screening requirements of this 3473
4865	4865	section shall be reported to the commission division. Each 3474
4866	4866	licensed facility shall pay a fee to the commission division for 3475
4867	4867
4868	4868	HB 7041 2022
4869	4869
4870	4870
4871	4871
4872	4872	CODING: Words stricken are deletions; words underlined are additions.
4873	4873	hb7041-00
4874	4874	Page 140 of 163
4875	4875	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
4876	4876
4877	4877	the cost of retention of the fingerprints an d the ongoing 3476
4878	4878	searches under this paragraph. The commission division shall 3477
4879	4879	forward the payment to the Department of Law Enforcement. The 3478
4880	4880	amount of the fee to be imposed for performing these searches 3479
4881	4881	and the procedures for the retention of licensee fingerpr ints 3480
4882	4882	shall be as established by rule of the Department of Law 3481
4883	4883	Enforcement. The commission division shall inform the Department 3482
4884	4884	of Law Enforcement of any change in the license status of 3483
4885	4885	licensees whose fingerprints are retained under paragraph (c). 3484
4886	4886	(e) The commission division shall request the Department 3485
4887	4887	of Law Enforcement to forward the fingerprints to the Federal 3486
4888	4888	Bureau of Investigation for a national criminal history records 3487
4889	4889	check every 3 years following issuance of a license. If the 3488
4890	4890	fingerprints of a person who is licensed have not been retained 3489
4891	4891	by the Department of Law Enforcement, the person must file a 3490
4892	4892	complete set of fingerprints as provided for in paragraph (a). 3491
4893	4893	The commission division shall collect the fees for the cost of 3492
4894	4894	the national criminal hi story record check under this paragraph 3493
4895	4895	and shall forward the payment to the Department of Law 3494
4896	4896	Enforcement. The cost of processing fingerprints and conducting 3495
4897	4897	a criminal history record check under this paragraph for a 3496
4898	4898	general occupational license shall be borne by the slot machine 3497
4899	4899	licensee. The cost of processing fingerprints and conducting a 3498
4900	4900	criminal history record check under this paragraph for a 3499
4901	4901	business or professional occupational license shall be borne by 3500
4902	4902
4903	4903	HB 7041 2022
4904	4904
4905	4905
4906	4906
4907	4907	CODING: Words stricken are deletions; words underlined are additions.
4908	4908	hb7041-00
4909	4909	Page 141 of 163
4910	4910	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
4911	4911
4912	4912	the person being checked. The Department of La w Enforcement may 3501
4913	4913	invoice the commission division for the fingerprints submitted 3502
4914	4914	each month. Under penalty of perjury, each person who is 3503
4915	4915	licensed or who is fingerprinted as required by this section 3504
4916	4916	must agree to inform the commission division within 48 hours if 3505
4917	4917	he or she is convicted of or has entered a plea of guilty or 3506
4918	4918	nolo contendere to any disqualifying offense, regardless of 3507
4919	4919	adjudication. 3508
4920	4920	(9) The commission division may deny, revoke, or suspend 3509
4921	4921	any occupational license if the applicant or holder of the 3510
4922	4922	license accumulates unpaid obligations, defaults in obligations, 3511
4923	4923	or issues drafts or checks that are dishonored or for which 3512
4924	4924	payment is refused without reasonable cause. 3513
4925	4925	(10) The commission division may fine or suspend, revoke, 3514
4926	4926	or place conditions up on the license of any licensee who 3515
4927	4927	provides false information under oath regarding an application 3516
4928	4928	for a license or an investigation by the commission division. 3517
4929	4929	(11) The commission division may impose a civil fine of up 3518
4930	4930	to $5,000 for each violation of thi s chapter or the rules of the 3519
4931	4931	commission division in addition to or in lieu of any other 3520
4932	4932	penalty provided for in this section. The commission division 3521
4933	4933	may adopt a penalty schedule for violations of this chapter or 3522
4934	4934	any rule adopted pursuant to this chapter for which it would 3523
4935	4935	impose a fine in lieu of a suspension and adopt rules allowing 3524
4936	4936	for the issuance of citations, including procedures to address 3525
4937	4937
4938	4938	HB 7041 2022
4939	4939
4940	4940
4941	4941
4942	4942	CODING: Words stricken are deletions; words underlined are additions.
4943	4943	hb7041-00
4944	4944	Page 142 of 163
4945	4945	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
4946	4946
4947	4947	such citations, to persons who violate such rules. In addition 3526
4948	4948	to any other penalty provided by law, the commission division 3527
4949	4949	may exclude from all licensed slot machine facilities in this 3528
4950	4950	state, for a period not to exceed the period of suspension, 3529
4951	4951	revocation, or ineligibility, any person whose occupational 3530
4952	4952	license application has been declared ineligible to hold an 3531
4953	4953	occupational license or whose occupational license has been 3532
4954	4954	suspended or revoked by the commission division. 3533
4955	4955	Section 54. Subsections (1) and (4) of section 551.108, 3534
4956	4956	Florida Statutes, are amended to read: 3535
4957	4957	551.108 Prohibited relationships. — 3536
4958	4958	(1) A person employed by or performing any function on 3537
4959	4959	behalf of the commission division may not: 3538
4960	4960	(a) Be an officer, director, owner, or employee of any 3539
4961	4961	person or entity licensed by the commission division. 3540
4962	4962	(b) Have or hold any interest, direct or indirect, in or 3541
4963	4963	engage in any commerce or business relationship with any person 3542
4964	4964	licensed by the commission division. 3543
4965	4965	(4) An employee of the commission division or relative 3544
4966	4966	living in the same household as such emp loyee of the commission 3545
4967	4967	division may not wager at any time on a slot machine located at 3546
4968	4968	a facility licensed by the commission division. 3547
4969	4969	Section 55. Subsections (2) and (7) of section 551.109, 3548
4970	4970	Florida Statutes, are amended to read: 3549
4971	4971	551.109 Prohibited acts; penalties.— 3550
4972	4972
4973	4973	HB 7041 2022
4974	4974
4975	4975
4976	4976
4977	4977	CODING: Words stricken are deletions; words underlined are additions.
4978	4978	hb7041-00
4979	4979	Page 143 of 163
4980	4980	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
4981	4981
4982	4982	(2) Except as otherwise provided by law and in addition to 3551
4983	4983	any other penalty, any person who possesses a slot machine 3552
4984	4984	without the license required by this chapter or who possesses a 3553
4985	4985	slot machine at any location other than at the slot ma chine 3554
4986	4986	licensee's facility is subject to an administrative fine or 3555
4987	4987	civil penalty of up to $10,000 per machine. The prohibition in 3556
4988	4988	this subsection does not apply to: 3557
4989	4989	(a) Slot machine manufacturers or slot machine 3558
4990	4990	distributors that hold appropriate licenses issued by the 3559
4991	4991	commission division who are authorized to maintain a slot 3560
4992	4992	machine storage and maintenance facility at any location in a 3561
4993	4993	county in which slot machine gaming is authorized by this 3562
4994	4994	chapter. The commission division may adopt rules regarding 3563
4995	4995	security and access to the storage facility and inspections by 3564
4996	4996	the commission division. 3565
4997	4997	(b) Certified educational facilities that are authorized 3566
4998	4998	to maintain slot machines for the sole purpose of education and 3567
4999	4999	licensure, if any, of slot machine technicians, i nspectors, or 3568
5000	5000	investigators. The commission division and the Department of Law 3569
5001	5001	Enforcement may possess slot machines for training and testing 3570
5002	5002	purposes. The commission division may adopt rules regarding the 3571
5003	5003	regulation of any such slot machines used for educ ational, 3572
5004	5004	training, or testing purposes. 3573
5005	5005	(7) All penalties imposed and collected under this section 3574
5006	5006	must be deposited into the Pari -mutuel Wagering Trust Fund of 3575
5007	5007
5008	5008	HB 7041 2022
5009	5009
5010	5010
5011	5011
5012	5012	CODING: Words stricken are deletions; words underlined are additions.
5013	5013	hb7041-00
5014	5014	Page 144 of 163
5015	5015	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
5016	5016
5017	5017	the Department of Business and Professional Regulation . 3576
5018	5018	Section 56. Section 551.112, Flor ida Statutes, is amended 3577
5019	5019	to read: 3578
5020	5020	551.112 Exclusions of certain persons. —In addition to the 3579
5021	5021	power to exclude certain persons from any facility of a slot 3580
5022	5022	machine licensee in this state, the commission division may 3581
5023	5023	exclude any person from any facility of a slot machine licensee 3582
5024	5024	in this state for conduct that would constitute, if the person 3583
5025	5025	were a licensee, a violation of this chapter or the rules of the 3584
5026	5026	commission division. The commission division may exclude from 3585
5027	5027	any facility of a slot machine licensee any person who has been 3586
5028	5028	ejected from a facility of a slot machine licensee in this state 3587
5029	5029	or who has been excluded from any facility of a slot machine 3588
5030	5030	licensee or gaming facility in another state by the governmental 3589
5031	5031	department, agency, commission, or authority exercising 3590
5032	5032	regulatory jurisdiction over the gaming in such other state. 3591
5033	5033	This section does not abrogate the common law right of a slot 3592
5034	5034	machine licensee to exclude a patron absolutely in this state. 3593
5035	5035	Section 57. Subsections (3) and (5) of section 551.114 , 3594
5036	5036	Florida Statutes, are amended to read: 3595
5037	5037	551.114 Slot machine gaming areas. — 3596
5038	5038	(3) The commission division shall require the posting of 3597
5039	5039	signs warning of the risks and dangers of gambling, showing the 3598
5040	5040	odds of winning, and informing patrons of the toll -free 3599
5041	5041	telephone number available to provide information and referral 3600
5042	5042
5043	5043	HB 7041 2022
5044	5044
5045	5045
5046	5046
5047	5047	CODING: Words stricken are deletions; words underlined are additions.
5048	5048	hb7041-00
5049	5049	Page 145 of 163
5050	5050	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
5051	5051
5052	5052	services regarding compulsive or problem gambling. 3601
5053	5053	(5) The permitholder shall provide adequate office space 3602
5054	5054	at no cost to the commission division and the Department of Law 3603
5055	5055	Enforcement for the oversight of slot machine operations. The 3604
5056	5056	commission division shall adopt rules establishing the criteria 3605
5057	5057	for adequate space, configuration, and location and needed 3606
5058	5058	electronic and technological requirements for office space 3607
5059	5059	required by this subsection. 3608
5060	5060	Section 58. Section 551.117, Florida Statutes, is amended 3609
5061	5061	to read: 3610
5062	5062	551.117 Penalties.—The commission division may revoke or 3611
5063	5063	suspend any slot machine license issued under this chapter upon 3612
5064	5064	the willful violation by the slot machine licensee of any 3613
5065	5065	provision of this chapter or of any rule adopted under this 3614
5066	5066	chapter. In lieu of suspending or revoking a slot machine 3615
5067	5067	license, the commission division may impose a civil penalty 3616
5068	5068	against the slot machine licensee for a violation of this 3617
5069	5069	chapter or any rule adop ted by the commission division. Except 3618
5070	5070	as otherwise provided in this chapter, the penalty so imposed 3619
5071	5071	may not exceed $100,000 for each count or separate offense. All 3620
5072	5072	penalties imposed and collected must be deposited into the Pari -3621
5073	5073	mutuel Wagering Trust Fund of the Department of Business and 3622
5074	5074	Professional Regulation . 3623
5075	5075	Section 59. Subsections (2) and (3) of section 551.118, 3624
5076	5076	Florida Statutes, are amended to read: 3625
5077	5077
5078	5078	HB 7041 2022
5079	5079
5080	5080
5081	5081
5082	5082	CODING: Words stricken are deletions; words underlined are additions.
5083	5083	hb7041-00
5084	5084	Page 146 of 163
5085	5085	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
5086	5086
5087	5087	551.118 Compulsive or addictive gambling prevention 3626
5088	5088	program.— 3627
5089	5089	(2) The commission division shall, subject to competitive 3628
5090	5090	bidding, contract for provision of services related to the 3629
5091	5091	prevention of compulsive and addictive gambling. The contract 3630
5092	5092	shall provide for an advertising program to encourage 3631
5093	5093	responsible gaming practices and to publicize a ga mbling 3632
5094	5094	telephone help line. Such advertisements must be made both 3633
5095	5095	publicly and inside the designated slot machine gaming areas of 3634
5096	5096	the licensee's facilities. The terms of any contract for the 3635
5097	5097	provision of such services shall include accountability 3636
5098	5098	standards that must be met by any private provider. The failure 3637
5099	5099	of any private provider to meet any material terms of the 3638
5100	5100	contract, including the accountability standards, shall 3639
5101	5101	constitute a breach of contract or grounds for nonrenewal. The 3640
5102	5102	commission division may consult with the Department of the 3641
5103	5103	Lottery in the development of the program and the development 3642
5104	5104	and analysis of any procurement for contractual services for the 3643
5105	5105	compulsive or addictive gambling prevention program. 3644
5106	5106	(3) The compulsive or addictive gamblin g prevention 3645
5107	5107	program shall be funded from an annual nonrefundable regulatory 3646
5108	5108	fee of $250,000 paid by the licensee to the commission division. 3647
5109	5109	Section 60. Paragraph (c) of subsection (4) of section 3648
5110	5110	551.121, Florida Statutes, is amended to read: 3649
5111	5111	551.121 Prohibited activities and devices; exceptions. — 3650
5112	5112
5113	5113	HB 7041 2022
5114	5114
5115	5115
5116	5116
5117	5117	CODING: Words stricken are deletions; words underlined are additions.
5118	5118	hb7041-00
5119	5119	Page 147 of 163
5120	5120	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
5121	5121
5122	5122	(4) 3651
5123	5123	(c) Outside the designated slot machine gaming areas, a 3652
5124	5124	slot machine licensee or operator may accept or cash a check for 3653
5125	5125	an employee of the facility who is prohibited from wagering on a 3654
5126	5126	slot machine under s. 551.108(5), a check made directly payable 3655
5127	5127	to a person licensed by the commission division, or a check made 3656
5128	5128	directly payable to the slot machine licensee or operator from: 3657
5129	5129	1. A pari-mutuel patron; or 3658
5130	5130	2. A pari-mutuel facility in this state or i n another 3659
5131	5131	state. 3660
5132	5132	Section 61. Section 551.122, Florida Statutes, is amended 3661
5133	5133	to read: 3662
5134	5134	551.122 Rulemaking. —The commission division may adopt 3663
5135	5135	rules pursuant to ss. 120.536(1) and 120.54 to administer the 3664
5136	5136	provisions of this chapter. 3665
5137	5137	Section 62. Section 551.123, Florida Statutes, is amended 3666
5138	5138	to read: 3667
5139	5139	551.123 Legislative authority; administration of chapter. —3668
5140	5140	The Legislature finds and declares that it has exclusive 3669
5141	5141	authority over the conduct of all wagering occurring at a slot 3670
5142	5142	machine facility in t his state. As provided by law, only the 3671
5143	5143	Florida Gaming Control Commission Division of Pari-mutuel 3672
5144	5144	Wagering and other authorized state agencies shall administer 3673
5145	5145	this chapter and regulate the slot machine gaming industry, 3674
5146	5146	including operation of slot machine facilities, games, slot 3675
5147	5147
5148	5148	HB 7041 2022
5149	5149
5150	5150
5151	5151
5152	5152	CODING: Words stricken are deletions; words underlined are additions.
5153	5153	hb7041-00
5154	5154	Page 148 of 163
5155	5155	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
5156	5156
5157	5157	machines, and facilities -based computer systems authorized in 3676
5158	5158	this chapter and the rules adopted by the commission division. 3677
5159	5159	Section 63. Subsection (5) of section 565.02, Florida 3678
5160	5160	Statutes, is amended to read: 3679
5161	5161	565.02 License fees; vendors; clubs; caterers; and 3680
5162	5162	others.— 3681
5163	5163	(5) A caterer at a pari -mutuel facility licensed under 3682
5164	5164	chapter 550 may obtain a license upon the payment of an annual 3683
5165	5165	state license tax of $675. Such caterer's license shall permit 3684
5166	5166	sales only within the enclosur e in which pari-mutuel wagering is 3685
5167	5167	conducted under the authority of the Florida Gaming Control 3686
5168	5168	Commission Division of Pari-mutuel Wagering of the Department of 3687
5169	5169	Business and Professional Regulation . Except as otherwise 3688
5170	5170	provided in this subsection, caterers licensed hereunder shall 3689
5171	5171	be treated as vendors licensed to sell by the drink the 3690
5172	5172	beverages mentioned herein and shall be subject to all the 3691
5173	5173	provisions hereof relating to such vendors. 3692
5174	5174	Section 64. Subsections (3) and (4) of section 817.37, 3693
5175	5175	Florida Statutes, are amended to read: 3694
5176	5176	817.37 Touting; defining; providing punishment; ejection 3695
5177	5177	from racetracks.— 3696
5178	5178	(3) Any person who in the commission of touting falsely 3697
5179	5179	uses the name of any official of the Florida Gaming Control 3698
5180	5180	Commission Division of Pari-mutuel Wagering, its inspectors or 3699
5181	5181	attaches, or of any official of any racetrack association, or 3700
5182	5182
5183	5183	HB 7041 2022
5184	5184
5185	5185
5186	5186
5187	5187	CODING: Words stricken are deletions; words underlined are additions.
5188	5188	hb7041-00
5189	5189	Page 149 of 163
5190	5190	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
5191	5191
5192	5192	the names of any owner, trainer, jockey, or other person 3701
5193	5193	licensed by the Florida Gaming Control Commission Division of 3702
5194	5194	Pari-mutuel Wagering, as the source of any info rmation or 3703
5195	5195	purported information shall be guilty of a felony of the third 3704
5196	5196	degree, punishable as provided in s. 775.082, s. 775.083, or s. 3705
5197	5197	775.084. 3706
5198	5198	(4) Any person who has been convicted of touting by any 3707
5199	5199	court, and the record of whose conviction on such c harge is on 3708
5200	5200	file in the office of the Florida Gaming Control Commission 3709
5201	5201	Division of Pari-mutuel Wagering, any court of this state, or of 3710
5202	5202	the Federal Bureau of Investigation, or any person who has been 3711
5203	5203	ejected from any racetrack of this or any other state f or 3712
5204	5204	touting or practices inimical to the public interest shall be 3713
5205	5205	excluded from all racetracks in this state and if such person 3714
5206	5206	returns to a racetrack he or she shall be guilty of a 3715
5207	5207	misdemeanor of the second degree, punishable as provided in s. 3716
5208	5208	775.082 or s. 775.083. Any such person who refuses to leave such 3717
5209	5209	track when ordered to do so by inspectors of the Florida Gaming 3718
5210	5210	Control Commission Division of Pari-mutuel Wagering or by any 3719
5211	5211	peace officer, or by an accredited attache of a racetrack or 3720
5212	5212	association shall be guilty of a separate offense which shall be 3721
5213	5213	a misdemeanor of the second degree, punishable as provided in s. 3722
5214	5214	775.083. 3723
5215	5215	Section 65. Paragraphs (f) and (g) of subsection (2), 3724
5216	5216	subsection (4), paragraphs (a), (d), and (e) of subsection (5), 3725
5217	5217
5218	5218	HB 7041 2022
5219	5219
5220	5220
5221	5221
5222	5222	CODING: Words stricken are deletions; words underlined are additions.
5223	5223	hb7041-00
5224	5224	Page 150 of 163
5225	5225	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
5226	5226
5227	5227	paragraphs (a), (b), (d), (e), (f), (g), and (h) of subsection 3726
5228	5228	(6), paragraphs (a), (f), and (h) of subsection (7), subsection 3727
5229	5229	(11), paragraphs (b), (c), (d), (e), and (h) of subsection (13), 3728
5230	5230	subsection (14), paragraph (b) of subsection (15), paragraph (a) 3729
5231	5231	of subsection (16), and paragraph (a) of subsection (17) of 3730
5232	5232	section 849.086, Florida Statutes, are amended to read: 3731
5233	5233	849.086 Cardrooms authorized. — 3732
5234	5234	(2) DEFINITIONS.—As used in this section: 3733
5235	5235	(f) "Cardroom operator" means a licensed pari -mutuel 3734
5236	5236	permitholder which holds a valid permit and license issued by 3735
5237	5237	the Florida Gaming Control Commission division pursuant to 3736
5238	5238	chapter 550 and which also holds a valid cardroom license issued 3737
5239	5239	by the commission division pursuant to this section which 3738
5240	5240	authorizes such person to oper ate a cardroom and to conduct 3739
5241	5241	authorized games in such cardroom. 3740
5242	5242	(g) "Commission Division" means the Florida Gaming Control 3741
5243	5243	Commission Division of Pari-mutuel Wagering of the Department of 3742
5244	5244	Business and Professional Regulation . 3743
5245	5245	(4) AUTHORITY OF COMMISSION DIVISION.—The commission 3744
5246	5246	Division of Pari-mutuel Wagering of the Department of Business 3745
5247	5247	and Professional Regulation shall administer this section and 3746
5248	5248	regulate the operation of cardrooms under this section and the 3747
5249	5249	rules adopted pursuant thereto, and is h ereby authorized to: 3748
5250	5250	(a) Adopt rules, including, but not limited to: the 3749
5251	5251	issuance of cardroom and employee licenses for cardroom 3750
5252	5252
5253	5253	HB 7041 2022
5254	5254
5255	5255
5256	5256
5257	5257	CODING: Words stricken are deletions; words underlined are additions.
5258	5258	hb7041-00
5259	5259	Page 151 of 163
5260	5260	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
5261	5261
5262	5262	operations; the operation of a cardroom; recordkeeping and 3751
5263	5263	reporting requirements; and the collection of all fees and taxes 3752
5264	5264	imposed by this section. 3753
5265	5265	(b) Conduct investigations and monitor the operation of 3754
5266	5266	cardrooms and the playing of authorized games therein. 3755
5267	5267	(c) Review the books, accounts, and records of any current 3756
5268	5268	or former cardroom operator. 3757
5269	5269	(d) Suspend or revoke any l icense or permit, after 3758
5270	5270	hearing, for any violation of the provisions of this section or 3759
5271	5271	the administrative rules adopted pursuant thereto. 3760
5272	5272	(e) Take testimony, issue summons and subpoenas for any 3761
5273	5273	witness, and issue subpoenas duces tecum in connection with any 3762
5274	5274	matter within its jurisdiction. 3763
5275	5275	(f) Monitor and ensure the proper collection of taxes and 3764
5276	5276	fees imposed by this section. Permitholder internal controls are 3765
5277	5277	mandated to ensure no compromise of state funds. To that end, a 3766
5278	5278	roaming commission division auditor will monitor and verify the 3767
5279	5279	cash flow and accounting of cardroom revenue for any given 3768
5280	5280	operating day. 3769
5281	5281	(5) LICENSE REQUIRED; APPLICATION; FEES. —No person may 3770
5282	5282	operate a cardroom in this state unless such person holds a 3771
5283	5283	valid cardroom license issue d pursuant to this section. 3772
5284	5284	(a) Only those persons holding a valid cardroom license 3773
5285	5285	issued by the commission division may operate a cardroom. A 3774
5286	5286	cardroom license may only be issued to a licensed pari -mutuel 3775
5287	5287
5288	5288	HB 7041 2022
5289	5289
5290	5290
5291	5291
5292	5292	CODING: Words stricken are deletions; words underlined are additions.
5293	5293	hb7041-00
5294	5294	Page 152 of 163
5295	5295	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
5296	5296
5297	5297	permitholder, and an authorized cardroom may onl y be operated at 3776
5298	5298	the same facility at which the permitholder is authorized under 3777
5299	5299	its valid pari-mutuel wagering permit to conduct pari -mutuel 3778
5300	5300	wagering activities. An initial cardroom license shall be issued 3779
5301	5301	to a pari-mutuel permitholder only after its faci lities are in 3780
5302	5302	place and after it conducts its first day of pari -mutuel 3781
5303	5303	activities on racing or games. 3782
5304	5304	(d) Persons seeking a license or a renewal thereof to 3783
5305	5305	operate a cardroom shall make application on forms prescribed by 3784
5306	5306	the commission division. Applications for cardroom licenses 3785
5307	5307	shall contain all of the information the commission division, by 3786
5308	5308	rule, may determine is required to ensure eligibility. 3787
5309	5309	(e) The annual cardroom license fee for each facility 3788
5310	5310	shall be $1,000 for each table to be operated at the cardroom. 3789
5311	5311	The license fee shall be deposited by the commission division 3790
5312	5312	with the Chief Financial Officer to the credit of the Pari -3791
5313	5313	mutuel Wagering Trust Fund. 3792
5314	5314	(6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED; 3793
5315	5315	APPLICATION; FEES.— 3794
5316	5316	(a) A person employed or otherwise working in a cardroom 3795
5317	5317	as a cardroom manager, floor supervisor, pit boss, dealer, or 3796
5318	5318	any other activity related to cardroom operations while the 3797
5319	5319	facility is conducting card playing or games of dominoes must 3798
5320	5320	hold a valid cardroom employee occupational license issued by 3799
5321	5321	the commission division. Food service, maintenance, and security 3800
5322	5322
5323	5323	HB 7041 2022
5324	5324
5325	5325
5326	5326
5327	5327	CODING: Words stricken are deletions; words underlined are additions.
5328	5328	hb7041-00
5329	5329	Page 153 of 163
5330	5330	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
5331	5331
5332	5332	employees with a current pari -mutuel occupational license and a 3801
5333	5333	current background check will not be required to have a cardroom 3802
5334	5334	employee occupational license. 3803
5335	5335	(b) Any cardroom management company or cardroom 3804
5336	5336	distributor associated with cardroom operations must hold a 3805
5337	5337	valid cardroom business occupational license issued by the 3806
5338	5338	commission division. 3807
5339	5339	(d) The commission division shall establish, by rule, a 3808
5340	5340	schedule for the renewal of cardroom occupational licenses. 3809
5341	5341	Cardroom occupational licenses are not transferable. 3810
5342	5342	(e) Persons seeking cardroom occupational licenses, or 3811
5343	5343	renewal thereof, shall make application on forms prescribed by 3812
5344	5344	the commission division. Applications for cardroom occupational 3813
5345	5345	licenses shall contain all of the information the commission 3814
5346	5346	division, by rule, may determine is required to ensure 3815
5347	5347	eligibility. 3816
5348	5348	(f) The commission division shall adopt rules regarding 3817
5349	5349	cardroom occupational licenses. The provisions specified in s. 3818
5350	5350	550.105(4), (5), (6), (7), (8), and (10) relating to licensure 3819
5351	5351	shall be applicable to cardroom occupational licenses. 3820
5352	5352	(g) The commission division may deny, declare ineligible, 3821
5353	5353	or revoke any cardroom occupational license if the applicant or 3822
5354	5354	holder thereof has been found guilty or had adjudication 3823
5355	5355	withheld in this state or any other state, or under the laws of 3824
5356	5356	the United States of a felony or misdemeanor involving forgery, 3825
5357	5357
5358	5358	HB 7041 2022
5359	5359
5360	5360
5361	5361
5362	5362	CODING: Words stricken are deletions; words underlined are additions.
5363	5363	hb7041-00
5364	5364	Page 154 of 163
5365	5365	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
5366	5366
5367	5367	larceny, extortion, conspiracy to defraud, or filing false 3826
5368	5368	reports to a government agency, racing or gaming commission or 3827
5369	5369	authority. 3828
5370	5370	(h) Fingerprints for all cardroom occupational license 3829
5371	5371	applications shall be taken in a manner approved by the 3830
5372	5372	commission division and then shall be submitted to the Florida 3831
5373	5373	Department of Law Enforcement and the Federal Bureau of 3832
5374	5374	Investigation for a criminal records check upon initial 3833
5375	5375	application and at least every 5 years thereafter. The 3834
5376	5376	commission division may by rule require an annual record check 3835
5377	5377	of all renewal applications for a cardroom occupational license. 3836
5378	5378	The cost of processing fingerprints and conducting a record 3837
5379	5379	check shall be borne by the applicant. 3838
5380	5380	(7) CONDITIONS FOR OPERATING A CARDROOM. — 3839
5381	5381	(a) A cardroom may be operated only at the location 3840
5382	5382	specified on the cardroom license issued by the commission 3841
5383	5383	division, and such location may only be the location at which 3842
5384	5384	the pari-mutuel permitholder is authorized to conduct pari -3843
5385	5385	mutuel wagering activities pursuant to such permitholder's valid 3844
5386	5386	pari-mutuel permit or as otherwise a uthorized by law. 3845
5387	5387	(f) The cardroom facility is subject to inspection by the 3846
5388	5388	commission division or any law enforcement agency during the 3847
5389	5389	licensee's regular business hours. The inspection must 3848
5390	5390	specifically include the permitholder internal control 3849
5391	5391	procedures approved by the commission division. 3850
5392	5392
5393	5393	HB 7041 2022
5394	5394
5395	5395
5396	5396
5397	5397	CODING: Words stricken are deletions; words underlined are additions.
5398	5398	hb7041-00
5399	5399	Page 155 of 163
5400	5400	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
5401	5401
5402	5402	(h) Poker games played in a designated player manner in 3851
5403	5403	which one player is permitted, but not required, to cover other 3852
5404	5404	players' wagers must comply with the following restrictions: 3853
5405	5405	1. Poker games to be played in a designated player manner 3854
5406	5406	must have been identified in cardroom license applications 3855
5407	5407	approved by the former Division of Pari -mutuel Wagering division 3856
5408	5408	on or before March 15, 2018, or, if a substantially similar 3857
5409	5409	poker game, identified in cardroom license a pplications approved 3858
5410	5410	by the former Division of Pari -mutuel Wagering division on or 3859
5411	5411	before April 1, 2021. 3860
5412	5412	2. If the cardroom is located in a county where slot 3861
5413	5413	machine gaming is authorized under chapter 285 or chapter 551, 3862
5414	5414	the cardroom operator is limited to offering no more than 10 3863
5415	5415	tables for the play of poker games in a designated player 3864
5416	5416	manner. 3865
5417	5417	3. If the cardroom is located in a county where slot 3866
5418	5418	machine gaming is not authorized under chapter 285 or chapter 3867
5419	5419	551, the cardroom operator is limited to offe ring no more than 3868
5420	5420	30 tables for the play of poker games in a designated player 3869
5421	5421	manner. 3870
5422	5422	4. There may not be more than nine players and the 3871
5423	5423	nonplayer dealer at each table. 3872
5424	5424	(11) RECORDS AND REPORTS. — 3873
5425	5425	(a) Each licensee operating a cardroom shall keep and 3874
5426	5426	maintain permanent daily records of its cardroom operation and 3875
5427	5427
5428	5428	HB 7041 2022
5429	5429
5430	5430
5431	5431
5432	5432	CODING: Words stricken are deletions; words underlined are additions.
5433	5433	hb7041-00
5434	5434	Page 156 of 163
5435	5435	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
5436	5436
5437	5437	shall maintain such records for a period of not less than 3 3876
5438	5438	years. These records shall include all financial transactions 3877
5439	5439	and contain sufficient detail to determine compliance with the 3878
5440	5440	requirements of this section. All records shall be available for 3879
5441	5441	audit and inspection by the commission division or other law 3880
5442	5442	enforcement agencies during the licensee's regular business 3881
5443	5443	hours. The information required in such records shall be 3882
5444	5444	determined by commission division rule. 3883
5445	5445	(b) Each licensee operating a cardroom shall file with the 3884
5446	5446	commission division a report containing the required records of 3885
5447	5447	such cardroom operation. Such report shall be filed monthly by 3886
5448	5448	licensees. The required reports shall be submitt ed on forms 3887
5449	5449	prescribed by the commission division and shall be due at the 3888
5450	5450	same time as the monthly pari -mutuel reports are due to the 3889
5451	5451	commission division, and such reports shall contain any 3890
5452	5452	additional information deemed necessary by the commission 3891
5453	5453	division, and the reports shall be deemed public records once 3892
5454	5454	filed. 3893
5455	5455	(13) TAXES AND OTHER PAYMENTS. — 3894
5456	5456	(b) An admission tax equal to 15 percent of the admission 3895
5457	5457	charge for entrance to the licensee's cardroom facility, or 10 3896
5458	5458	cents, whichever is greater, is impose d on each person entering 3897
5459	5459	the cardroom. This admission tax shall apply only if a separate 3898
5460	5460	admission fee is charged for entry to the cardroom facility. If 3899
5461	5461	a single admission fee is charged which authorizes entry to both 3900
5462	5462
5463	5463	HB 7041 2022
5464	5464
5465	5465
5466	5466
5467	5467	CODING: Words stricken are deletions; words underlined are additions.
5468	5468	hb7041-00
5469	5469	Page 157 of 163
5470	5470	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
5471	5471
5472	5472	or either the pari-mutuel facility and the cardroom facility, 3901
5473	5473	the admission tax shall be payable only once and shall be 3902
5474	5474	payable pursuant to chapter 550. The cardroom licensee shall be 3903
5475	5475	responsible for collecting the admission tax. An admission tax 3904
5476	5476	is imposed on any free passes or complimentary cards issued to 3905
5477	5477	guests by licensees in an amount equal to the tax imposed on the 3906
5478	5478	regular and usual admission charge for entrance to the 3907
5479	5479	licensee's cardroom facility. A cardroom licensee may issue tax -3908
5480	5480	free passes to its officers, officials, and employees o r other 3909
5481	5481	persons actually engaged in working at the cardroom, including 3910
5482	5482	accredited press representatives such as reporters and editors, 3911
5483	5483	and may also issue tax -free passes to other cardroom licensees 3912
5484	5484	for the use of their officers and officials. The licensee shall 3913
5485	5485	file with the commission division a list of all persons to whom 3914
5486	5486	tax-free passes are issued. 3915
5487	5487	(c) Payment of the admission tax and gross receipts tax 3916
5488	5488	imposed by this section shall be paid to the commission 3917
5489	5489	division. The commission division shall deposit these sums with 3918
5490	5490	the Chief Financial Officer, one -half being credited to the 3919
5491	5491	Pari-mutuel Wagering Trust Fund and one -half being credited to 3920
5492	5492	the General Revenue Fund. The cardroom licensee shall remit to 3921
5493	5493	the commission division payment for the admission tax, the gross 3922
5494	5494	receipts tax, and the licensee fees. Such payments shall be 3923
5495	5495	remitted to the commission division on the fifth day of each 3924
5496	5496	calendar month for taxes and fees imposed for the preceding 3925
5497	5497
5498	5498	HB 7041 2022
5499	5499
5500	5500
5501	5501
5502	5502	CODING: Words stricken are deletions; words underlined are additions.
5503	5503	hb7041-00
5504	5504	Page 158 of 163
5505	5505	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
5506	5506
5507	5507	month's cardroom activities. Licensees shall file a report u nder 3926
5508	5508	oath by the fifth day of each calendar month for all taxes 3927
5509	5509	remitted during the preceding calendar month. Such report shall, 3928
5510	5510	under oath, indicate the total of all admissions, the cardroom 3929
5511	5511	activities for the preceding calendar month, and such other 3930
5512	5512	information as may be prescribed by the commission division. 3931
5513	5513	(d)1. Each jai alai permitholder that conducts live 3932
5514	5514	performances and operates a cardroom facility shall use at least 3933
5515	5515	4 percent of such permitholder's cardroom monthly gross receipts 3934
5516	5516	to supplement jai alai prize money during the permitholder's 3935
5517	5517	next ensuing pari-mutuel meet. 3936
5518	5518	2. Each thoroughbred permitholder or harness horse racing 3937
5519	5519	permitholder that conducts live performances and operates a 3938
5520	5520	cardroom facility shall use at least 50 percent of such 3939
5521	5521	permitholder's cardroom monthly net proceeds as follows: 47 3940
5522	5522	percent to supplement purses and 3 percent to supplement 3941
5523	5523	breeders' awards during the permitholder's next ensuing racing 3942
5524	5524	meet. 3943
5525	5525	3. No cardroom license or renewal thereof shall be issued 3944
5526	5526	to an applicant holding a permit under chapter 550 to conduct 3945
5527	5527	pari-mutuel wagering meets of quarter horse racing and 3946
5528	5528	conducting live performances unless the applicant has on file 3947
5529	5529	with the commission division a binding written agreement between 3948
5530	5530	the applicant and the Flo rida Quarter Horse Racing Association 3949
5531	5531	or the association representing a majority of the horse owners 3950
5532	5532
5533	5533	HB 7041 2022
5534	5534
5535	5535
5536	5536
5537	5537	CODING: Words stricken are deletions; words underlined are additions.
5538	5538	hb7041-00
5539	5539	Page 159 of 163
5540	5540	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
5541	5541
5542	5542	and trainers at the applicant's eligible facility, governing the 3951
5543	5543	payment of purses on live quarter horse races conducted at the 3952
5544	5544	licensee's pari-mutuel facility. The agreement governing purses 3953
5545	5545	may direct the payment of such purses from revenues generated by 3954
5546	5546	any wagering or gaming the applicant is authorized to conduct 3955
5547	5547	under Florida law. All purses shall be subject to the terms of 3956
5548	5548	chapter 550. 3957
5549	5549	(e) The failure of any licensee to make payments as 3958
5550	5550	prescribed in paragraph (c) is a violation of this section, and 3959
5551	5551	the licensee may be subjected by the commission division to a 3960
5552	5552	civil penalty of up to $1,000 for each day the tax payment is 3961
5553	5553	not remitted. All penalties im posed and collected shall be 3962
5554	5554	deposited in the General Revenue Fund. If a licensee fails to 3963
5555	5555	pay penalties imposed by order of the commission division under 3964
5556	5556	this subsection, the commission division may suspend or revoke 3965
5557	5557	the license of the cardroom operator o r deny issuance of any 3966
5558	5558	further license to the cardroom operator. 3967
5559	5559	(h) One-quarter of the moneys deposited into the Pari -3968
5560	5560	mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by 3969
5561	5561	October 1 of each year, be distributed to the local government 3970
5562	5562	that approved the cardroom under subsection (16); however, if 3971
5563	5563	two or more pari-mutuel racetracks are located within the same 3972
5564	5564	incorporated municipality, the cardroom funds shall be 3973
5565	5565	distributed to the municipality. If a pari -mutuel facility is 3974
5566	5566	situated in such a mann er that it is located in more than one 3975
5567	5567
5568	5568	HB 7041 2022
5569	5569
5570	5570
5571	5571
5572	5572	CODING: Words stricken are deletions; words underlined are additions.
5573	5573	hb7041-00
5574	5574	Page 160 of 163
5575	5575	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
5576	5576
5577	5577	county, the site of the cardroom facility shall determine the 3976
5578	5578	location for purposes of disbursement of tax revenues under this 3977
5579	5579	paragraph. The commission division shall, by September 1 of each 3978
5580	5580	year, determine: the amou nt of taxes deposited into the Pari -3979
5581	5581	mutuel Wagering Trust Fund pursuant to this section from each 3980
5582	5582	cardroom licensee; the location by county of each cardroom; 3981
5583	5583	whether the cardroom is located in the unincorporated area of 3982
5584	5584	the county or within an incorporated municipality; and, the 3983
5585	5585	total amount to be distributed to each eligible county and 3984
5586	5586	municipality. 3985
5587	5587	(14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE. — 3986
5588	5588	(a) The commission division may deny a license or the 3987
5589	5589	renewal thereof, or may suspend or revoke a ny license, when the 3988
5590	5590	applicant has: violated or failed to comply with the provisions 3989
5591	5591	of this section or any rules adopted pursuant thereto; knowingly 3990
5592	5592	caused, aided, abetted, or conspired with another to cause any 3991
5593	5593	person to violate this section or any rules adopted pursuant 3992
5594	5594	thereto; or obtained a license or permit by fraud, 3993
5595	5595	misrepresentation, or concealment; or if the holder of such 3994
5596	5596	license or permit is no longer eligible under this section. 3995
5597	5597	(b) If a pari-mutuel permitholder's pari -mutuel permit or 3996
5598	5598	license is suspended or revoked by the commission division 3997
5599	5599	pursuant to chapter 550, the commission division may, but is not 3998
5600	5600	required to, suspend or revoke such permitholder's cardroom 3999
5601	5601	license. If a cardroom operator's license is suspended or 4000
5602	5602
5603	5603	HB 7041 2022
5604	5604
5605	5605
5606	5606
5607	5607	CODING: Words stricken are deletions; words underlined are additions.
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5609	5609	Page 161 of 163
5610	5610	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
5611	5611
5612	5612	revoked pursuant to t his section, the commission division may, 4001
5613	5613	but is not required to, suspend or revoke such licensee's pari -4002
5614	5614	mutuel permit or license. 4003
5615	5615	(c) Notwithstanding any other provision of this section, 4004
5616	5616	the commission division may impose an administrative fine not to 4005
5617	5617	exceed $1,000 for each violation against any person who has 4006
5618	5618	violated or failed to comply with the provisions of this section 4007
5619	5619	or any rules adopted pursuant thereto. 4008
5620	5620	(15) CRIMINAL PENALTY; INJUNCTION. — 4009
5621	5621	(b) The commission division, any state attorney, the 4010
5622	5622	statewide prosecutor, or the Attorney General may apply for a 4011
5623	5623	temporary or permanent injunction restraining further violation 4012
5624	5624	of this section, and such injunction shall issue without bond. 4013
5625	5625	(16) LOCAL GOVERNMENT APPROVAL. — 4014
5626	5626	(a) The commission Division of Pari-mutuel Wagering shall 4015
5627	5627	not issue any initial license under this section except upon 4016
5628	5628	proof in such form as the commission division may prescribe that 4017
5629	5629	the local government where the applicant for such license 4018
5630	5630	desires to conduct cardroom gaming has voted to approve such 4019
5631	5631	activity by a majority vote of the governing body of the 4020
5632	5632	municipality or the governing body of the county if the facility 4021
5633	5633	is not located in a municipality. 4022
5634	5634	(17) CHANGE OF LOCATION; REFERENDUM. — 4023
5635	5635	(a) Notwithstanding any provisions of thi s section, no 4024
5636	5636	cardroom gaming license issued under this section shall be 4025
5637	5637
5638	5638	HB 7041 2022
5639	5639
5640	5640
5641	5641
5642	5642	CODING: Words stricken are deletions; words underlined are additions.
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5644	5644	Page 162 of 163
5645	5645	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
5646	5646
5647	5647	transferred, or reissued when such reissuance is in the nature 4026
5648	5648	of a transfer, so as to permit or authorize a licensee to change 4027
5649	5649	the location of the cardroom except upon proof in such form as 4028
5650	5650	the commission division may prescribe that a referendum election 4029
5651	5651	has been held: 4030
5652	5652	1. If the proposed new location is within the same county 4031
5653	5653	as the already licensed location, in the county where the 4032
5654	5654	licensee desires to conduct cardroom gaming and th at a majority 4033
5655	5655	of the electors voting on the question in such election voted in 4034
5656	5656	favor of the transfer of such license. However, the commission 4035
5657	5657	division shall transfer, without requirement of a referendum 4036
5658	5658	election, the cardroom license of any permitholder th at 4037
5659	5659	relocated its permit pursuant to s. 550.0555. 4038
5660	5660	2. If the proposed new location is not within the same 4039
5661	5661	county as the already licensed location, in the county where the 4040
5662	5662	licensee desires to conduct cardroom gaming and that a majority 4041
5663	5663	of the electors votin g on that question in each such election 4042
5664	5664	voted in favor of the transfer of such license. 4043
5665	5665	Reviser's Note.—Amended pursuant to the directive of the 4044
5666	5666	Legislature to the Division of Law Revision in s. 13, ch. 4045
5667	5667	2021-269, Laws of Florida, to replace references to the 4046
5668	5668	Division of Pari-mutuel Wagering and references to the 4047
5669	5669	Department of Business and Professional Regulation relating 4048
5670	5670	to gaming with references to the Florida Gaming Control 4049
5671	5671	Commission to conform the Florida Statutes to the transfer 4050
5672	5672
5673	5673	HB 7041 2022
5674	5674
5675	5675
5676	5676
5677	5677	CODING: Words stricken are deletions; words underlined are additions.
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5679	5679	Page 163 of 163
5680	5680	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
5681	5681
5682	5682	of duties in s. 11, ch . 2021-269. 4051
5683	5683	Section 66. This act shall take effect July 1, 2022. 4052