This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0907.RRS
DATE: 1/22/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 907 Gaming Licenses and Permits
SPONSOR(S): Sirois
TIED BILLS: IDEN./SIM. BILLS: SB 804
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
Thompson Anstead
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and executive
powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, and slot machine facilities.
The Florida Pari-mutuel Wagering Act (Act) provides specific permitting and licensure requirements for the pari-
mutuel industry. Pari-mutuel wagering activities are limited to operators who have received a permit from the
Commission, which is then subject to ratification by county referendum. Permitholders apply for an operating license
annually to conduct pari-mutuel wagering activities. Certain permitholders are authorized to operate cardrooms and
slot machines at their facility.
The bill revises provisions related to pari-mutuel wagering licenses, permit and application procedures, and removes
obsolete provisions, as follows:
Authorizes the Commission to penalize a licensee when a person falsely swears on an application.
Establishes email as the primary service of legal filings for the Commission, including final agency action.
Extends the submission period for pari-mutuel operating license application dates from December 15 -
January 4, to January 15 - February 4, and extends the issuance date from March 15 to April 15.
Authorizes the Commission to approve minor changes in performance dates for pari-mutuel wagering
permitholders, removes the ability for permitholders to object to such changes, and makes it permissive,
instead of mandatory, for the Commission to consider the impact of such changes to state revenues.
Authorizes the Commission to take action against a racetrack occupational licensee who has been subject
to certain federal horseracing penalties, including for a finding of a prohibited substance in an animal.
Establishes a single audit and reporting requirement for pari-mutuel and slot machine permitholders, clarifies
what is required in the report, and requires the deadline for the report to be 120 days after the end of the
fiscal year.
Revises the application and issuance fiscal year, submission, and issuance dates of nonwagering licenses
to line up with the pari-mutuel operating license timeframes.
Removes the authority of the Commission to conduct an eligibility investigation relating to new ownership or
management interest in a nonwagering permit.
Authorizes the Commission to waive the disqualifying offenses for slot machine occupational license
applicants.
Removes the provision that allows certain facilities to amend their 2006-2007 operating license.
Repeals the section of law related to greyhound permitholders unclaimed tickets.
Removes provisions related to the Greyhound Permitholder Tax Credit, and makes conforming changes.
Removes an outdated provision relating to thoroughbred permitholder performances.
The bill does not appear to have a significant fiscal impact on state or local government. The bill may have a positive
fiscal impact on the private sector.
The effective date of the bill is July 1, 2024.
STORAGE NAME: h0907.RRS PAGE: 2
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
General Overview of Gaming in Florida
Gambling is generally prohibited in Florida, unless specifically authorized. Section 7, Art. X, of the
Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted in Florida.
Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house and running
a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-operated
lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and
Broward Counties.
The following gaming activities are also authorized by law and regulated by the state:
Pari-mutuel
1
wagering;
2
Gaming on tribal reservations in accordance with the Indian Gaming and Regulatory Act and the
2010 Gaming Compact with the Seminole Tribe of Florida;
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County;
3
and
Cardrooms
4
at certain pari-mutuel facilities.
Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games,
5
bingo,
6
charitable drawings,
7
game promotions (sweepstakes),
8
bowling tournaments,
9
and
skill-based amusement games and machines at specified locations.
10
In 2013, the legislature clarified that Internet café style gambling machines were illegal in the state. The
legislation clarified existing sections of law regarding slot machines, charitable drawings, game
promotions, and amusement machines and created a rebuttable presumption that machines used to
simulate casino-style games in schemes involving consideration and prizes are prohibited slot
machines.
11
In 2015, the legislature determined that the regulation of the operation of skill-based amusement
games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
expansion of casino-style gambling. The legislature clarified regulations related to the operation and
use of amusement games or machines to ensure that regulations would not be interpreted as creating
an exception to the state's general prohibitions against gambling.
12
Amendment to Florida Constitution Prohibiting Racing of and Wagering on Greyhounds or Other Dogs
1
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
2
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
3
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
4
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
5
S. 849.085, F.S.
6
S. 849.0931, F.S.
7
S. 849.0935, F.S.
8
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
9
S. 849.141, F.S.
10
S. 546.10, F.S.
11
Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
12
S. 546.10, F.S. STORAGE NAME: h0907.RRS PAGE: 3
DATE: 1/22/2024
During the 2018 General Election, the voters approved an initiative constitutional amendment,
Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs, which has been
codified in the State Constitution as Article X, Section 32.
13
Article X, Section 32 states:
Prohibition on racing of and wagering on greyhounds or other dogs.—The humane
treatment of animals is a fundamental value of the people of the State of Florida. After
December 31, 2020, a person authorized to conduct gaming or pari-mutuel operations
may not race greyhounds or any member of the Canis Familiaris subspecies in connection
with any wager for money or any other thing of value in this state, and persons in this
state may not wager money or any other thing of value on the outcome of a live dog race
occurring in this state. The failure to conduct greyhound racing or wagering on greyhound
racing after December 31, 2018, does not constitute grounds to revoke or deny renewal of
other related gaming licenses held by a person who is a licensed greyhound permitholder
on January 1, 2018, and does not affect the eligibility of such permitholder, or such
permitholder’s facility, to conduct other pari-mutuel activities authorized by general law. By
general law, the legislature shall specify civil or criminal penalties for violations of this
section and for activities that aid or abet violations of this section.
As of January 1, 2021, wagering on live greyhound racing in Florida is completely prohibited. However,
cardroom and slot machine facilities by such permitholders may continue to operate after the closure of
racing activities.
Pari-mutuel Wagering
Since approximately 1931, pari-mutuel wagering has been authorized in Florida for jai alai, greyhound
racing, and horseracing. These activities are overseen and regulated
14
by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within
the Department of Legal Affairs, Office of the Attorney General.
15
The Commission is tasked with
exercising all regulatory and executive powers of the state on all forms of gambling authorized by the
State Constitution or law including pari-mutuel wagering, card rooms, slot machine facilities, and the
oversight of gaming compacts under the federal Indian Gaming Regulatory Act but excluding state
lottery games authorized by the State Constitution.
16
Pari-Mutuel Wagering State Revenue
License fees and taxes collected by pari-mutuel wagering permitholders, including slot machine and
cardroom permitholders, are deposited with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. Slot machine tax revenue is transferred from the Pari-mutuel Wagering Trust
Fund to the Educational Enhancement Trust Fund to supplement public education funding statewide.
Taxes collected by cardrooms are split between the Pari-mutuel Wagering Trust Fund and the General
Revenue Fund. During the 2022-2023 fiscal year, the pari-mutuel industry operated 447 racing and
gaming days, which resulted in state revenue of $6,291,327, total paid attendance of 61,775, and total
pari-mutuel handle of $469,498,714.
17
Pari-Mutuel Wagering Live Performance Requirements
13
See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Jan. 12, 2024).
14
From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
15
See ss. 16.71-16.716, F.S.
16
S. 16.712, F.S.
17
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024). STORAGE NAME: h0907.RRS PAGE: 4
DATE: 1/22/2024
Currently, only thoroughbred permitholders are required to conduct live racing.
18
Greyhound
permitholders may not conduct live racing, and jai alai permitholders, harness horse racing
permitholders, or quarter horse racing permitholders may elect not to conduct live racing or games.
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse
racing permitholder that does not conduct live racing or games:
19
Retains its permit;
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
Remains eligible for a cardroom license.
A permitholder or licensee may not conduct live greyhound racing or dogracing in connection with any
wager for money or any other thing of value in the state. The Division is authorized to deny, suspend,
or revoke any permit or license in ch. 550, F.S., for conducting live greyhound racing or dogracing in
violation of this provision. In addition to, or in lieu of, denial, suspension, or revocation of such permit or
license, the Division is authorized to impose a civil penalty of up to $5,000. All penalties imposed and
collected must be deposited with the Chief Financial Officer to the credit of the General Revenue
Fund.
20
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)
21
provides specific permitting and licensing requirements
for the conduct of the pari-mutuel industry.
22
Pari-mutuel wagering activities are limited to operators
who have received a permit from the Division, which is then subject to ratification by county
referendum.
23
Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities.
24
Certain permitholders are also authorized to operate cardrooms
25
and slot machines at their
facility.
26
During Fiscal Year 2021-2022, the following 39 pari-mutuel permitholders were licensed to operate:
27
Nineteen Greyhound Racing permits.
Three Thoroughbred Horse Racing permits.
One Harness Horse Racing permit.
Six Quarter Horse Racing permits.
Ten Jai-Alai permits.
The Division is authorized to revoke or suspend any permit or license upon the willful violation by the
permitholder or licensee of any provision of the Act, or any administrative rule adopted by the Division,
and may impose a civil penalty against the permitholder or license up to $1,000 for each offense.
28
During Fiscal Year 2022-2023, the Division issued 22 rulings and five consent orders with assessed
fines and/or imposed license suspensions for violations.
29
18
S. 550.01215(1)(b)1., F.S.
19
Id.
20
S. 550.01215(1)(b)2., F.S.
21
Ch. 550, F.S.
22
S. 550.054(1), F.S.
23
S. 550.054(2), F.S.
24
S. 550.0115, F.S.
25
S. 849.086, F.S.
26
S. 551.104, F.S.
27
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
28
S. 550.054(9)(b), F.S.
29
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024). STORAGE NAME: h0907.RRS PAGE: 5
DATE: 1/22/2024
False Swearing On Applications
Present Situation
Currently, the Division does not appear to have the authority to deny applications and suspend or
revoke professional licenses that it issues when it has found that an applicant or licensee has provided
false information on an application that was signed under oath.
Prior to July 1, 2022, the Division was a part of the Department of Business and Professional
Regulation (DBPR), which has the authority to take these actions.
30
Specifically, the law provides that
any license issued by DBPR, which is issued or renewed in response to an application upon which the
person signing under oath or affirmation has falsely sworn to a material statement, including, but not
limited to, the names and addresses of the owners or managers of the licensee or applicant, is subject
to denial of the application or suspension or revocation of the license, and the person falsely swearing
is subject to any other penalties provided by law.
31
On July 1, 2022, the Division was transferred out of DBPR and to the Commission.
32
However the
Division did not retain the ability to take these actions. According to the Commission, it “is responsible
for the regulation of licensees, permit holders, and persons participating in pari-mutuel wagering, slot
machine gaming, or cardroom activity in the state of Florida. To regulate the industry, the Florida
Gaming Control Commission needs to have the ability to apply the appropriate penalties when a person
makes a false material statement on an application.”
33
Proposed Changes
The bill authorizes the Commission to deny any application or suspend or revoke any license that it
issues when a person falsely swears to a material statement on an application. Specifically, the bill
provides that any person who submits an application for a license to the Commission, or any person
issued a license or renewal by the Commission in response to an application, and upon which
application the person signing under oath or affirmation has falsely sworn to a material statement,
including, but not limited to, the criminal history of the applicant or licensee, is subject to denial of his or
her application or to suspension or revocation of his or her license, and is subject to any other penalties
provided by law.
Legal Notices
Present Situation
Currently, the Commission does not have the authority to require service by e-mail from applicants and
licensees for official communications. Chapter 455, F.S., which applies to the regulation of professions
by DBPR, provides this authority to DBPR. Specifically, each licensee of DBPR is solely responsible for
notifying DBPR in writing of the licensee’s current mailing address, e-mail address, and place of
practice, as defined by rule of the board or the department when there is no board.
34
A licensee’s failure to notify DBPR of a change of address constitutes a violation, and the licensee may
be disciplined by the board or the department when there is no board.
35
Notwithstanding any other provision of law, service by regular mail or e-mail to a licensee’s last known
mailing address or e-mail address of record with DBPR constitutes adequate and sufficient notice to the
30
S. 559.791, F.S.
31
Id.
32
Ch. 2021-269, Laws of Fla.
33
Florida Gaming Control Commission, Agency Package, Issue 1: False swearing on application; penalties.
34
S. 455.275(1), F.S.
35
Id. STORAGE NAME: h0907.RRS PAGE: 6
DATE: 1/22/2024
licensee for any official communication to the licensee by the board or the department except when
other service is required pursuant to disciplinary proceedings under s. 455.225, F.S.
36
Notwithstanding any provision of law, when an administrative complaint is served on a licensee of
DBPR, DBPR is required to provide service by regular mail to the licensee’s last known address of
record, by certified mail to the last known address of record, and, if possible, by e-mail.
37
If the licensee does not provide DBPR with proof of service, DBPR is required to:
38
Call the last known telephone number of record.
Cause a short, plain notice to the licensee to be posted on the front page of DBPR’s website.
Send notice via e-mail to all newspapers of general circulation and all news departments of
broadcast network affiliates in the county of the licensee’s last known address of record.
Proposed Changes
The bill establishes e-mail as the Commission’s primary service of legal filings, including final agency
action, similar to the method that DBPR is authorized to use. Specifically, the bill:
Requires each applicant for a license with the Commission and each licensee of the
Commission is responsible to notify the Commission in writing of the applicant's or licensee's
current mailing address, e-mail address, and place of employment.
Provides that an applicant's failure to notify the Commission constitutes a violation, and the
applicant's application may be denied.
Provides that a licensee's failure to notify the Commission of any change to the e-mail or mailing
address of record constitutes a violation, and the licensee may be disciplined by the
Commission as described in s. 550.0251(10), F.S.
Provides that notwithstanding any provision of law to the contrary, service by e-mail to an
applicant's or licensee's e-mail address of record with the Commission constitutes sufficient
notice to the applicant or licensee for any official communication.
Authorizes the Commission to, in its discretion, provide service for any official communication by
regular mail to an applicant's or licensee's last known mailing address.
Clarifies that the Commission is not required to provide service by both e-mail and regular mail.
Provides that notwithstanding any provision of law to the contrary, when an administrative
complaint or other document setting forth intended or final agency action is to be served on an
applicant or a licensee, the Commission is only required to provide service by e-mail to the
applicant's or licensee's e-mail address on record with the commission.
Specifies that e-mail service constitutes sufficient notice to the person or persons upon whom
an administrative complaint or any other document setting forth intended or final agency action
is served.
Authorizes the commission to, in its discretion, provide service of an administrative complaint or
any other documents setting forth intended or final agency action by regular mail to an
applicant's or licensee's last known mailing address.
Clarifies that the Commission is not required to provide service by both e-mail and regular mail.
Deadline for Submitting Pari-Mutuel Wagering Operating License Application
Present Situation
Currently, each permitholder is required to annually, during the period between December 15 and
January 4, file in writing with the Commission its application for an operating license for a pari-mutuel
facility for the conduct of pari-mutuel wagering during the next state fiscal year, including intertrack and
simulcast race wagering.
39
36
S. 455.275(2), F.S.
37
S. 455.275(3)(a), F.S.
38
S. 455.275(3)(b), F.S.
39
S. 550.01215(1), F.S. STORAGE NAME: h0907.RRS PAGE: 7
DATE: 1/22/2024
Each application for live performances must specify:
40
The number, dates, and starting times of all live performances that the permitholder intends to
conduct.
Which performances will be conducted as charity or scholarship performances.
Each application for an operating license also must include:
41
For each permitholder, whether the permitholder intends to accept wagers on intertrack or
simulcast events.
For each permitholder that elects to operate a cardroom, the dates and periods of operation the
permitholder intends to operate the cardroom.
For each thoroughbred racing permitholder that elects to receive or rebroadcast out-of-state
races, the dates for all performances that the permitholder intends to conduct.
The Commission is required to issue each license no later than March 15.
42
Proposed Changes
The bill extends the submission period for pari-mutuel operating license application dates from
December 15 through January 4, to instead January 15 through February 4, and extends the date the
Commission is required to issue a license from March 15 to April 15.
Changes in Racing Dates
Present Situation
Current law authorizes the Commission to approve minor changes in racing dates after a license has
been issued when there is no objection from any operating permitholder that is conducting live racing or
games and that is located within 50 miles of the permitholder requesting the changes in operating
dates. In the event of an objection, the Commission is required to approve or disapprove the change in
operating dates based upon the impact on operating permitholders located within 50 miles of the
permitholder requesting the change in operating dates. In making the determination to change racing
dates, the Commission is required to take into consideration the impact of such changes on state
revenues.
43
Proposed Changes
The bill revises the authority of the Commission to approve minor changes in racing dates for pari-
mutuel wagering permitholders to also allow such changes for performance dates.
The bill removes the ability for the impacted permitholders to object to changes in performance dates,
and makes it permissive, instead of mandatory, for the Commission to consider the impact of changes
to performance dates to state revenues.
Greyhound Permitholder Tax Credit
Present Situation
Current law provides for a daily license fee tax credit for greyhound permitholders. Specifically, in
addition to the tax exemption specified in s. 550.09514(1), F.S., of $360,000 or $500,000 per
greyhound permitholder per state fiscal year, each greyhound permitholder is required to receive in the
current state fiscal year a tax credit equal to the number of live greyhound races conducted in the
40
Id.
41
Id.
42
S. 550.01215(3), F.S.
43
Id. STORAGE NAME: h0907.RRS PAGE: 8
DATE: 1/22/2024
previous state fiscal year times the daily license fee specified for each dograce in this subsection
applicable for the previous state fiscal year.
44
Current law establishes tax rates relating to live greyhound racing performances. Each permitholder is
required to pay a tax on contributions to pari-mutuel pools, the aggregate of which is referred to as
"handle," on races or games conducted by the permitholder. The tax is imposed daily and is based on
the total contributions to all pari-mutuel pools conducted during the daily performance. If a permitholder
conducts more than one performance daily, the tax is imposed on each performance separately. The
tax on handle for dogracing is 5.5 percent of the handle, except that for live charity performances held
pursuant to s. 550.0351, F.S., and for intertrack wagering on such charity performances at a guest
greyhound track within the market area of the host, the tax is 7.6 percent of the handle.
45
Proposed Changes
The bill removes provisions related to:
The Greyhound Permitholder Tax Credit, and makes conforming changes.
Live charity performances for greyhound permitholders and intertrack wagering on such charity
performances.
Daily License Fee Payments
Present Situation
Each person engaged in the business of conducting race meetings or jai alai games is required to pay
to the Commission, for the use of the commission, a daily license fee on each live or simulcast pari-
mutuel event of $100 for each horserace and $80 for each dograce and $40 for each jai alai game
conducted at a racetrack or fronton licensed.
46
Payments imposed by this section are required to be paid to the Commission, and the Commission is
required to deposit these sums with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. The permitholder musts remit to the Commission payment for the daily license
fee, the admission tax, the tax on handle, and the breaks tax.
Such payments must be remitted by 3 p.m. Wednesday of each week for taxes imposed and collected
for the preceding week ending on Sunday.
Beginning on July 1, 2012, such payments must be remitted by 3 p.m. on the 5th day of each calendar
month for taxes imposed and collected for the preceding calendar month.
Proposed Changes
The bill removes:
The requirement that such payments be remitted by 3 p.m. Wednesday of each week for taxes
imposed and collected for the preceding week ending on Sunday.
The July 1, 2012, date that such payments must be remitted by each month.
Thoroughbred Horse Taxes
Present Situation
Current law provides that if a thoroughbred permitholder fails to operate all performances on its 2001-
2002 license, failure to pay tax on handle for a full schedule of live races for those performances in the
2001-2002 fiscal year does not constitute failure to pay taxes on handle for a full schedule of live races
44
S. 550.0951(1)(a), F.S.
45
S. 550.0951(3)(b)1., F.S.
46
S. 550.0951(1)(a), F.S. STORAGE NAME: h0907.RRS PAGE: 9
DATE: 1/22/2024
in a fiscal year. This may not be construed as forgiving a thoroughbred permitholder from paying taxes
on performances conducted at its facility pursuant to its 2001-2002 license other than for failure to
operate all performances on its 2001-2002 license. This subsection expired on July 1, 2003.
Proposed Changes
The bill removes this provision.
Occupational Licenses of Racetrack Employees
Present Situation
Occupational Licenses
Currently, each person connected with a racetrack or jai alai fronton is required to purchase from the
commission an occupational license. All moneys collected pursuant to this section each fiscal year shall
be deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to the rules adopted by the
commission, an occupational license may be valid for a period of up to 3 years for a fee that does not
exceed the full occupational license fee for each of the years for which the license is purchased. The
occupational license is valid during its specified term at any pari-mutuel facility.
47
The following licenses are issued to persons or entities with access to the backside, racing animals, jai
alai players’ room, jockeys’ room, drivers’ room, totalisator room, the mutuels, or money room, or to
persons who, by virtue of the position they hold, might be granted access to these areas or to any other
person or entity in one of the following categories and with fees not to exceed the following amounts for
any 12-month period:
48
Business licenses: any business such as a vendor, contractual concessionaire, business
owning racing animals, trust or estate, totalisator company, stable name, or other fictitious
name: $50.
Professional occupational licenses: professional persons with access to the backside of a
racetrack or players’ quarters in jai alai such as trainers, officials, veterinarians, doctors, nurses,
EMT’s, jockeys and apprentices, drivers, jai alai players, owners, trustees, or any management
or officer or director or shareholder or any other professional-level person who might have
access to the jockeys’ room, the drivers’ room, the backside, racing animals, or managers or
supervisors requiring access to mutuels machines, the money room, or totalisator equipment:
$40.
General occupational licenses: general employees with access to the jockeys’ room, the
drivers’ room, racing animals, the backside of a racetrack or players’ quarters in jai alai, such as
grooms, leadouts, pelota makers, cesta makers, or ball boys, or a practitioner of any other
occupation who would have access to the animals or the backside, or who would provide the
security or maintenance of these areas, or mutuel employees, totalisator employees, money-
room employees, or any employee with access to mutuels machines, the money room, or
totalisator equipment or who would provide the security or maintenance of these areas: $10.
Individuals and entities that are licensed require heightened state scrutiny, including the submission by
the individual licensees or persons associated with the entities described in this chapter of fingerprints
for a Federal Bureau of Investigation criminal records check.
49
If the state racing commission or racing authority of such other state or jurisdiction extends to the
Commission reciprocal courtesy to maintain the disciplinary control, the Commission is authorized to:
50
Deny, revoke, suspend, or place conditions or restrictions upon a license of any person who has
been refused a license by any other state racing commission or racing authority;
47
S. 550.105(1), F.S.
48
S. 550.105(2)(a), F.S.
49
Id.
50
S. 550.105(5)(a), F.S. STORAGE NAME: h0907.RRS PAGE: 10
DATE: 1/22/2024
Deny, suspend, or place conditions on a license of any person who is under suspension or has
unpaid fines in another jurisdiction.
The commission may also deny, declare ineligible, or revoke any occupational license if the applicant
for such license has been convicted of a felony or misdemeanor in this state, in any other state, or
under the laws of the United States, if such felony or misdemeanor is related to gambling or
bookmaking, as contemplated in s. 849.25, F.S., or involves cruelty to animals.
51
If the applicant establishes that she or he is of good moral character, has been rehabilitated, and the
crime is not related to pari-mutuel wagering and is not a capital offense, the restrictions excluding
offenders may be waived by the director of the Commission.
Horseracing Integrity and Safety Act
The federal Horseracing Integrity and Safety Act of 2020 (Act) requires the Horseracing Integrity and
Safety Authority (HISA) to develop and implement uniform safety and integrity rules applicable to every
thoroughbred racing participant and racetrack facility in the U.S. HISA is required to develop rules
related to horseracing, including anti-doping, medication control and racetrack safety. The Federal
Trade Commission (FTC) is given oversight over the Authority.
52
HISA began implementing its Racetrack Safety Program on July 1, 2022, and its Anti-Doping and
Medication Control Program on May 22, 2023. This established a national, uniform set of integrity and
safety rules.
53
Every thoroughbred that races in the U.S. is required to be registered in a centralized
database. More than 32,000 Covered Persons and 48,000 Covered Horses have been registered with
HISA. In accordance with HISA's rules, every thoroughbred is required to have a pre-race veterinary
inspection every time it races, at any track. Veterinarians across the country have conducted more than
33,400 pre-race inspections since July 1, 2022.
54
Violations of the Act include the following:
55
With respect to a covered horse, strict liability for covered trainers for the:
o Presence of a prohibited substance or method in a sample or the use of a prohibited
substance or method;
o Presence of a permitted substance in a sample in excess of the amount allowed by the
horseracing anti-doping and medication control program; and
o Use of a permitted method in violation of the applicable limitations established under the
horseracing anti-doping and medication control program.
Attempted use of a prohibited substance or method on a covered horse.
Possession of any prohibited substance or method.
Attempted possession of any prohibited substance or method.
Administration or attempted administration of any prohibited substance or method on a covered
horse.
Refusal or failure, without compelling justification, to submit a covered horse for sample
collection.
Failure to cooperate with the Authority or an agent of the Authority during any investigation.
Failure to respond truthfully, to the best of a covered person's knowledge, to a question of the
Authority or an agent of the Authority with respect to any matter under the jurisdiction of the
Authority.
Tampering or attempted tampering with the application of the safety, performance, or anti-
doping and medication control rules or process adopted by the Authority, including:
51
S. 550.105(5)(c), F.S.
52
See 15 U.S.C., § 3051–3060.
53
Horseracing Integrity and Safety Authority (HISA), Overseeing national, uniform integrity and safety rules for Thoroughbred
racing in the U.S., https://hisaus.org/ (last visited Jan. 20, 2024).
54
Id.
55
15 U.S.C., § 3057(a)(2). STORAGE NAME: h0907.RRS PAGE: 11
DATE: 1/22/2024
o Intentional interference, or an attempt to interfere, with an official or agent of the
Authority;
o Procurement or the provision of fraudulent information to the Authority or agent; and
o Intimidation of, or an attempt to intimidate, a potential witness.
The Act requires HISA to establish uniform rules imposing civil sanctions against covered persons or
covered horses for safety, performance, and anti-doping and medication control rule violations. Civil
sanctions may include:
56
Lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and
changes to the order of finish in covered races; and
With respect to anti-doping and medication control rule violators, an opportunity to reduce the
applicable civil sanctions that is comparable to the opportunity provided by the Protocol for
Olympic Movement Testing of the United States Anti-Doping Agency.
In addition to these civil sanctions, the Act authorizes HISA to commence a civil action against a
covered person or racetrack that has engaged, is engaged, or is about to engage, in acts or practices
constituting a violation in the proper federal district court:
57
To enjoin such acts or practices;
To enforce any civil sanctions imposed; and
For all other relief to which HISA is entitled.
Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted
without bond.
58
According to the Commission, HISA is authorized to suspend people from Florida racetracks for
violations associated with the track safety and anti-doping programs. However, the Commission
provides that it does not have reciprocity to take action on those individuals’ licenses.
The rules of HISA preempt any provision of State law or regulation with respect to matters within the
jurisdiction of HISA.
59
According to the Commission, effective May 22, 2023, HISA preempts the Commission from
investigating and adjudicating prohibited substance violations in equines, which includes testing equine
samples at a commission laboratory.
Proposed Changes
The bill authorizes the Commission to do the following, if the state racing commission or racing
authority of such other state or jurisdiction extends to the commission reciprocal courtesy to maintain
the disciplinary control:
Deny a license to, or revoke, suspend, or place conditions upon or restrictions on a license of
any person who has been subject to a provisional suspension or period of ineligibility by HISA or
any other such authority designated by the FTC;
Deny, suspend, or place conditions on a license of any person who is subject to a provisional
suspension or period of ineligibility under HISA related to the finding of a prohibited substance in
an animal’s hair or bodily fluids. Any such suspension expires on the date that the provisional
suspension or period of ineligibility imposed by HISA expires.
The bill removes the provision that only allows such actions if the state racing commission or racing
authority of such other state or jurisdiction extends to the commission reciprocal courtesy to maintain
the disciplinary control.
56
15 U.S.C., § 3057(d).
57
15 U.S.C., § 3054(j).
58
Id.
59
15 U.S.C., § 3054(b). STORAGE NAME: h0907.RRS PAGE: 12
DATE: 1/22/2024
The bill also requires, if an occupational license is summarily suspended under this provision, the
Commission to offer the licensee a postsuspension hearing within 72 hours after commencement of the
suspension.
The bill requires the occupational licensee to have the burden of proving by clear and convincing
evidence that she or he is not subject to a provisional suspension or period of ineligibility imposed by
HISA. The standard of review for the Commission is whether the commission's action was an abuse of
its discretion.
Pari-mutuel Wagering Audit Reports
Present Situation
Currently, each permitholder that conducts race meetings or jai alai exhibitions is required to keep
records that clearly show the:
60
Total number of admissions and the total amount of money contributed to each pari-mutuel pool
on each race or exhibition separately; and
Amount of money received daily from admission fees.
Within 120 days after the end of the fiscal year, such permitholders are required to submit to the
Commission a complete annual report of its accounts, audited by a certified public accountant licensed
to practice in the state.
61
Proposed Changes
The bill establishes a single audit and reporting requirement for pari-mutuel and slot machine
permitholders that clarifies what is required in the report, and requires the deadline for the report to be
120 days after the end of the fiscal year. The bill:
Removes the requirement for each permitholder issued a pari-mutuel operating license to
include the total number of admissions in the report.
Requires the records to include cardroom gross receipts, and slot machine revenues.
Removes the requirement that the records be on each pari-mutuel pool on each race or
exhibition separately and the amount of money received daily from admission fees.
Retains the requirement that within 120 days after the end of its fiscal year, each permitholder
submit to the Commission a complete annual report of its accounts, audited by a certified public
accountant licensed to practice in the state.
Greyhound Permitholders Unclaimed Tickets
Present Situation
Current law requires all money or other property represented by any unclaimed, uncashed, or
abandoned pari-mutuel ticket which has remained in the custody of or under the control of any
greyhound permitholder authorized to conduct pari-mutuel wagering in this state for a period of 1 year
after the date the pari-mutuel ticket was issued, if the rightful owner or owners thereof have made no
claim or demand for such money or other property within that period of time, to be remitted to the state
pursuant to s. 550.1645, F.S.
62
Such permitholder is entitled to a credit in each state fiscal year in an amount equal to the actual
amount remitted in the prior state fiscal year which may be applied against any taxes imposed pursuant
to this chapter. In addition, each permitholder is required to pay, from any source, an amount not less
60
S. 550.125(2)(a), F.S.
61
Id.
62
S. 550.1647, F.S. STORAGE NAME: h0907.RRS PAGE: 13
DATE: 1/22/2024
than 10 percent of the amount of the credit provided by this section to any bona fide organization that
promotes or encourages the adoption of greyhounds.
63
Proposed Changes
The bill repeals this section of law.
Nonwagering Permits
Present Situation
Current law authorizes the Commission to issue permits for the conduct of horseracing meets without
pari-mutuel wagering or any other form of wagering being conducted in conjunction. Such permits are
known as nonwagering permits and may be issued only for horseracing meets. A horseracing
permitholder need not obtain an additional permit from the Commission to conduct nonwagering racing,
but must apply to the Commission for the issuance of a license. The holder of a nonwagering permit is
prohibited from conducting pari-mutuel wagering or any other form of wagering in conjunction with
racing conducted under the permit.
64
The holder of a nonwagering permit is exempt from the occupational license requirements in s.
550.105, F.S., and from the imposition of daily license fees and admission tax.
65
Upon receipt of a nonwagering permit, the permitholder is required to apply to the Commission before
June 1 of each year for an annual nonwagering license for the next succeeding calendar year. Such
application must set forth the days and locations at which the permitholder will conduct nonwagering
horseracing and must indicate any changes in ownership or management of the permitholder occurring
since the date of application for the prior license.
66
On or before August 1 of each year, the Commission is required to issue a license authorizing the
nonwagering permitholder to conduct nonwagering horseracing during the succeeding calendar year
during the period and for the number of days set forth in the application.
67
The commission is authorized to conduct an eligibility investigation to determine the qualifications of
any new ownership or management interest in the permit.
68
Proposed Changes
The bill:
Changes the application and issuance deadlines of nonwagering licenses from a calendar year
basis to a fiscal year.
Revises the nonwagering license application deadline to be consistent with the live operating
dates license applications, during the period of January 15 through February 4 annually, and
extends the date the Commission must issue a license from August 1 to April 15.
Authorizes the Commission to extend a nonwagering license from calendar year 2024 to state
fiscal year 2024-2025 upon application by the non-wagering license holder.
Removes the authority of the Commission to conduct an eligibility investigation to determine the
qualifications of any new ownership or management interest in the permit.
63
Id., As used in this chapter, the term “bona fide organization that promotes or encourages the adoption of greyhounds” means any
organization that provides evidence of compliance with chapter 496 and possesses a valid exemption from federal taxation issued by
the Internal Revenue Service. Such bona fide organization, as a condition of adoption, must provide sterilization of greyhounds by a
licensed veterinarian before relinquishing custody of the greyhound to the adopter. The fee for sterilization may be included in the cost
of adoption.
64
S. 550.505(1)(b), F.S.
65
S. 550.505(1)(c), F.S.
66
S. 550.505(3)(a), F.S.
67
S. 550.505(3)(b), F.S.
68
S. 550.505(3)(c), F.S. STORAGE NAME: h0907.RRS PAGE: 14
DATE: 1/22/2024
License to Conduct Slot Machine Gaming
Present Situation
Upon application and a finding by the Commission after investigation that the application is complete
and the applicant is qualified and payment of the initial license fee, the Commission is authorized to
issue a license to conduct slot machine gaming in the designated slot machine gaming area of the
eligible facility.
69
An application may be approved by the Commission only after the voters of the county where the
applicant’s facility is located have authorized by referendum slot machines within pari-mutuel facilities in
that county as specified in s. 23, Art. X of the State Constitution.
70
Slot machine licenses are only allowed to be issued to licensed pari-mutuel permitholders, and slot
machine gaming may be conducted only at the eligible facility at which the permitholder is authorized
under its valid pari-mutuel wagering permit to conduct pari-mutuel wagering activities.
71
As a condition of licensure and to maintain continued authority for the conduct of slot machine gaming,
the slot machine licensee is required to continue to be in compliance with the chapter of law governing
slot machines and the chapter of law governing pari-mutuel wagering.
72
Notwithstanding any contrary provision of law and in order to expedite the operation of slot machines at
eligible facilities, any eligible facility is entitled within 60 days after the effective date of this act to
amend its 2006-2007 pari-mutuel wagering operating license issued by the Commission under ss.
550.0115 and 550.01215, F.S. The Commission must issue a new license to the eligible facility to
effectuate any approved change.
73
Proposed Changes
The bill:
Establishes a single audit and reporting requirement that clarifies what is required in the report
and requires the deadline for the report to be 120 days after the end of the fiscal year.
Removes the provision that allows an eligible facility within 60 days after the effective date of
this act to amend its 2006-2007 pari-mutuel wagering operating license issued by the
Commission under ss. 550.0115 and 550.01215, F.S.
Specifies that the certified public accountant that the audit must be provided by must be
licensed under ch. 473, F.S.
Slot Machine Occupational License
Present Situation
Current law requires the following slot machine occupational licenses to be issued to persons or entities
that, by virtue of the positions they hold, might be granted access to slot machine gaming areas or to
any other person or entity in one of the following categories:
74
General occupational licenses for general employees, including food service, maintenance,
and other similar service and support employees having access to the slot machine gaming
area.
69
S. 551.104(1), F.S.
70
S. 551.104(2), F.S.
71
S. 551.104(3), F.S.
72
S. 551.104(4), F.S.
73
Id.
74
S. 551.107(2)(a), F.S. STORAGE NAME: h0907.RRS PAGE: 15
DATE: 1/22/2024
Professional occupational licenses for any person, proprietorship, partnership, corporation,
or other entity that is authorized by a slot machine licensee to manage, oversee, or otherwise
control daily operations as a slot machine manager, a floor supervisor, security personnel, or
any other similar position of oversight of gaming operations, or any person who is not an
employee of the slot machine licensee and who provides maintenance, repair, or upgrades or
otherwise services a slot machine or other slot machine equipment.
Business occupational licenses for any slot machine management company or company
associated with slot machine gaming, any person who manufactures, distributes, or sells slot
machines, slot machine paraphernalia, or other associated equipment to slot machine
licensees, or any company that sells or provides goods or services associated with slot machine
gaming to slot machine licensees.
The commission is authorized to deny, suspend, revoke, or refuse to renew any slot machine license if
the applicant has:
75
Violated the provisions of this chapter or the rules of the Commission governing the conduct of
persons connected with slot machine gaming.
Been convicted in this state, in any other state, or under the laws of the United States of a
capital felony, a felony, or an offense in any other state that would be a felony under the laws of
this state involving:
o Arson;
o Trafficking in, conspiracy to traffic in, smuggling, importing, conspiracy to smuggle or
import, or delivery, sale, or distribution of a controlled substance;
o Racketeering; or
o A crime involving a lack of good moral character, or has had a gaming license revoked
by this state or any other jurisdiction for any gaming-related offense.
Been convicted of a felony or misdemeanor in this state, in any other state, or under the laws of
the United States if such felony or misdemeanor is related to gambling or bookmaking as
described in s. 849.25.
This provision does not appear to allow the Commission to issue a waiver for certain disqualifying
offenses.
Proposed Changes
The bill authorizes the Commission to waive the restrictions for slot machine occupational licensee
applicants if the applicant establishes that she or he:
Is of good moral character,
Has been rehabilitated, and
The crime is not related to slot machine gaming and is not a capital offense.
Reenactments
The bill reenacts ss. 212.04(2)(c), 550.0351(4), 550.09511(2), 550.09512(4), 550.09514(1) and (2)(e),
550.09516(3), 550.135(1), 550.1625(2), 550.3551(2)(b), (3)(c), and (4), 550.26352(3)-(6), and
550.375(4), F.S., relating to admissions taxes and rates, charity racing days, jail alai taxes, harness
horse taxes, greyhound dog racing taxes and purse requirements, thoroughbred horse taxes, daily
licensing fees collected from pari-mutuel racing, dogracing taxes, transmitting racing and jai alai
information and commingling pari-mutuel pools, authorizing Breeders' Cup Meet pools, and operating
certain harness tracks, respectively, to incorporate the amendment made to s. 550.0951, F.S.
B. SECTION DIRECTORY:
Section 1: Creates s. 16.717, F.S., relating to Florida Gaming Control Commission; penalties for
false oath or affirmation of applicants for licensure; licensees.
75
S. 551.107(6), F.S. STORAGE NAME: h0907.RRS PAGE: 16
DATE: 1/22/2024
Section 2: Creates s. 16.718, F.S., relating to Florida Gaming Control Commission; notification of
applicants' or licensees' addresses and place of employment; service.
Section 3: Amends s. 550.01215, F.S., relating to license application; periods of operation; license
fees; bond.
Section 4: Amends s. 550.0951, F.S., relating to payment of daily license fee and taxes; penalties.
Section 5: Amends s. 550.09515, F.S., relating to thoroughbred horse taxes; abandoned interest in
a permit for nonpayment of taxes.
Section 6: Amends s. 550.105, F.S., relating to occupational licenses of racetrack employees; fees;
denial, suspension, and revocation of license; penalties and fines.
Section 7: Amends s. 550.125, F.S., relating to uniform reporting system; bond requirement.
Section 8: Repeals s. 550.1647, F.S., relating to greyhound permitholders; unclaimed tickets;
breaks.
Section 9: Amends s. 550.505, F.S., relating to nonwagering permits.
Section 10: Amends s. 551.104, F.S., relating to license to conduct slot machine gaming.
Section 11: Amends s. 551.107, F.S., relating to slot machine occupational license; findings;
application; fee.
Section 12: Amends s. 212.04, F.S., relating to admissions tax; rate, procedure, enforcement.
Section 13: Reenacts s. 550.0351, F.S., relating to charity racing days.
Section 14: Reenacts s. 550.09511, F.S., relating to jai alai taxes; abandoned interest in a permit for
nonpayment of taxes.
Section 15: Reenacts s. 550.09512, F.S., relating to harness horse taxes; abandoned interest in a
permit for nonpayment of taxes.
Section 16: Reenacts s. 550.09514, F.S., relating to greyhound dogracing taxes; purse
requirements.
Section 17: Reenacts s. 550.09516, F.S., relating to credit for eligible permitholders conducting
thoroughbred racing.
Section 18: Reenacts s. 550.135, F.S., relating to division of moneys derived under this law.
Section 19: Reenacts s. 550.1625, F.S., relating to dogracing; taxes.
Section 10: Reenacts s. 550.3551, F.S., relating to transmission of racing and jai alai information;
commingling of pari-mutuel pools.
Section 21: Reenacts s. 550.26352, F.S., relating to Breeders' Cup Meet; pools authorized; conflicts;
taxes; credits; transmission of races; rules; application.
Section 22: Reenacts s. 550.375, F.S., relating to operation of certain harness tracks.
Section 23: Provides an effective date of July 1, 2024.
STORAGE NAME: h0907.RRS PAGE: 17
DATE: 1/22/2024
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Insignificant. According to the Commission, there will be a “minimal decrease in expenditures due to
expected decrease in use of certified mail, posting notices in local newspapers, and manhours for
hand service of official communication, documents, final orders, and final agency action of the
commission.”
76
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Extending pari-mutuel wagering operating license application dates may reduce costs for permitholders
and the Commission related to complying with the earlier deadlines.
Consolidating pari-mutuel wagering and slot machine license audit reporting requirements and
timeframes may reduce redundancy and related costs to the licensees and the Commission.
Authorizing the Commission to waive restrictions for disqualifying offenses for slot machine
occupational licensee applicants may result in additional applicants and a positive fiscal impact to the
individuals that gain employment, and businesses that want to hire them.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None
B. RULE-MAKING AUTHORITY:
76
Florida Gaming Control Commission, Agency Analysis of HB 907, p. 6 (Jan. 11, 2024). STORAGE NAME: h0907.RRS PAGE: 18
DATE: 1/22/2024
According to the Commission, it “may need to update rules in chapter 75 of the Florida Administrative
Code as a result of the bill becoming law.”
77
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
77
Id., at 6.