Florida 2024 Regular Session

Florida House Bill H1127 Latest Draft

Bill / Introduced Version Filed 01/03/2024

                               
 
HB 1127  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to pari -mutuel permitholders; amending 2 
ss. 550.01215 and 550.054, F.S.; deleting a 3 
requirement that certain permitholders show that their 4 
permits have not been disapproved or recalled at a 5 
later election when submitting subsequent annual 6 
applications to the Florida Gaming Control Commission; 7 
amending s. 550.0555, F.S.; revising legislative 8 
findings with respect to the relocation of greyhound 9 
dogracing permits; authorizing greyhound dogracing 10 
permitholders to relocate if specified conditions are 11 
met; voiding an additional permit if the commission 12 
approves a relocation; specifying areas to which a 13 
permitholder may not relocate; amending s. 550.0651, 14 
F.S.; providing that pari -mutuel facilities that 15 
relocated in accordance with the act are not su bject 16 
to municipal restrictions on the establishment of such 17 
facilities; amending s. 551.102, F.S.; revising the 18 
definition of the term "eligible facility" to conform 19 
to changes made by the act; amending s. 551.114, F.S.; 20 
requiring that a slot machine gami ng area of a 21 
relocated pari-mutuel facility be at the location for 22 
which the relocation was approved; amending s. 23 
849.086, F.S.; providing that pari -mutuel facilities 24 
that relocated in accordance with the act are not 25     
 
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subject to municipal restrictions on th e establishment 26 
of cardrooms; making a technical change; providing an 27 
effective date. 28 
  29 
Be It Enacted by the Legislature of the State of Florida: 30 
 31 
 Section 1.  Subsection (2) of section 550.01215, Florida 32 
Statutes, is amended to read: 33 
 550.01215  License application; periods of operation; 34 
license fees; bond.— 35 
 (2)  After the first license has been issued to a 36 
permitholder, all subsequent annual applications for a license 37 
shall be accompanied by proof, in such form as the commission 38 
may by rule require, that the permitholder continues to possess 39 
the qualifications prescribed by this chapter , and that the 40 
permit has not been disapproved at a later election . 41 
 Section 2.  Paragraph (a) of subsection (9) of section 42 
550.054, Florida Statutes, is amended t o read: 43 
 550.054  Application for permit to conduct pari -mutuel 44 
wagering.— 45 
 (9)(a)  After a permit has been granted by the commission 46 
and has been ratified and approved by the majority of the 47 
electors participating in the election in the county designated 48 
in the permit, the commission shall grant to the lawful 49 
permitholder, subject to the conditions of this chapter, a 50     
 
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license to conduct pari -mutuel operations under this chapter, 51 
and, except as provided in s. 550.5251, the commission shall fix 52 
annually the time, place, and number of days during which pari -53 
mutuel operations may be conducted by the permitholder at the 54 
location fixed in the permit and ratified in the election. After 55 
the first license has been issued to the holder of a ratified 56 
permit for racing in any county, all subsequent annual 57 
applications for a license by that permitholder must be 58 
accompanied by proof, in such form as the commission requires, 59 
that the ratified permitholder still possesses all the 60 
qualifications prescribed by this chapter and that the permit 61 
has not been recalled at a later election held in the county . 62 
 Section 3.  Section 550.0555, Florida Statutes, is amended 63 
to read: 64 
 550.0555  Greyhound dogracing permits; relocation within a 65 
county; conditions.— 66 
 (1)  It is the finding o f the Legislature that substantial 67 
state revenues are derived from greyhound dogracing 68 
permitholders' pari-mutuel wagering activities as well as other 69 
authorized gaming activities associated with such permits, 70 
including the operation of cardrooms and slot machines. The 71 
Legislature further finds that revenues derived from greyhound 72 
dogracing permitholders' pari -mutuel wagering activities and 73 
other gaming activities are adversely impacted absent the right 74 
to move the location for which the permit has been iss ued to 75     
 
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another location and that, consistent with the Legislature's 76 
regulation of pari-mutuel wagering permitholders, authorizing 77 
the relocation of permits will preserve and further enhance 78 
state revenues on greyhound dogracing provides substantial 79 
revenues to the state. It is the further finding that, in some 80 
cases, this revenue-producing ability is hindered due to the 81 
lack of provisions allowing the relocation of existing dogracing 82 
operations. It is therefore declared that state revenues derived 83 
from greyhound dogracing will continue to be jeopardized if 84 
provisions allowing the relocation of such greyhound racing 85 
permits are not implemented. This enactment is made pursuant to, 86 
and for the purpose of, implementing such provisions . 87 
 (2)  Any holder of a vali d outstanding permit for greyhound 88 
dogracing in a county in which there is only one dogracing 89 
permit issued, as well as any holder of a valid outstanding 90 
permit for jai alai in a county where only one jai alai permit 91 
is issued, is authorized, without the n ecessity of an additional 92 
county referendum required under s. 550.0651, to move the 93 
location for which the permit has been issued to another 94 
location within a 30 -mile radius of the location fixed in the 95 
permit issued in that county, provided the move does not cross 96 
the county boundary, that such relocation is approved under the 97 
zoning regulations of the county or municipality in which the 98 
permit is to be located as a planned development use, consistent 99 
with the comprehensive plan, and that such move is appr oved by 100     
 
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the commission after it is determined at a proceeding pursuant 101 
to chapter 120 in the county affected that the move is necessary 102 
to ensure the revenue -producing capability of the permittee 103 
without deteriorating the revenue -producing capability of an y 104 
other pari-mutuel permittee within 50 miles; the distance shall 105 
be measured on a straight line from the nearest property line of 106 
one racing plant or jai alai fronton to the nearest property 107 
line of the other. 108 
 (3)  Notwithstanding subsection (2), any gre yhound 109 
dogracing permitholder, without the necessity of an additional 110 
county referendum required under s. 550.0651, s. 551.101, or s. 111 
849.086(17), as applicable, may move the location for which the 112 
permit has been issued to another location within a 30 -mile 113 
radius of the location fixed in the permit issued, provided that 114 
the requirements of this subsection are met and the county to 115 
which the permit will relocate has already approved pari -mutuel 116 
wagering and cardrooms and slot machine operations, as 117 
applicable. Notwithstanding any local government regulations, 118 
permitting, or ordinances, and if the conditions of this 119 
subsection are met, such permitholder may continue to operate at 120 
the new location all pari -mutuel wagering and gaming activities 121 
that it is already authorized and licensed to operate, including 122 
activities conducted pursuant to chapters 550 and 551 and s. 123 
849.086. The greyhound dogracing permit proposed for relocation 124 
must, at the time of relocation, be authorized to conduct pari -125     
 
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mutuel activities and authorized to operate a cardroom or slot 126 
machines in addition to having a majority ultimate owner in 127 
common with another currently licensed greyhound dogracing 128 
permit, regardless of whether the permits are located in the 129 
same county. Upon the commission 's final approval of the 130 
relocation and issuance of all operating licenses for the new 131 
location, the second greyhound dogracing permit is forfeited to 132 
the state and is thereafter void. 133 
 (4)  A pari-mutuel permitholder that relocates its pari -134 
mutuel facility pursuant to subsection (3) and that is 135 
authorized to operate slot machines at such facility may not 136 
relocate the pari-mutuel facility to a location in Miami -Dade or 137 
Broward Counties which is within a 15 -mile radius, measured in a 138 
straight line, of any fa cility in Broward County operated by the 139 
Seminole Tribe of Florida which offers or is authorized to offer 140 
class III gaming, as defined in the federal Indian Gaming 141 
Regulatory Act of 1988. 142 
 Section 4.  Subsection (6) of section 550.0651, Florida 143 
Statutes, is amended to read: 144 
 550.0651  Elections for ratification of permits; municipal 145 
prohibitions.— 146 
 (6)  Notwithstanding any other provision of law, a 147 
municipality may prohibit the establishment of a pari -mutuel 148 
facility on or after July 1, 2021, in its juris diction. This 149 
subsection does not apply to a permitholder who held an 150     
 
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operating license for the conduct of pari -mutuel wagering for 151 
fiscal year 2020-2021 in the municipality's jurisdiction , or to 152 
a pari-mutuel facility that was previously approved by the 153 
municipality, or a pari-mutuel facility that is authorized to 154 
relocate pursuant to s. 550.0555(3) . 155 
 Section 5.  Subsection (4) of section 551.102, Florida 156 
Statutes, is amended to read: 157 
 551.102  Definitions. —As used in this chapter, the term: 158 
 (4)  "Eligible facility" means any licensed pari -mutuel 159 
facility located in Miami -Dade County or Broward County existing 160 
at the time of adoption of s. 23, Art. X of the State 161 
Constitution that has conducted live racing or games during 162 
calendar years 2002 and 2003 and has been approved by a majority 163 
of voters in a countywide referendum to have slot machines at 164 
such facility in the respective county; any licensed pari -mutuel 165 
facility located within a county as defined in s. 125.011, 166 
provided such facility has conducted live racing for 2 167 
consecutive calendar years immediately preceding its application 168 
for a slot machine license, pays the required license fee, and 169 
meets the other requirements of this chapter; or any licensed 170 
pari-mutuel facility in any other county in whic h a majority of 171 
voters have approved slot machines at such facilities in a 172 
countywide referendum held pursuant to a statutory or 173 
constitutional authorization after the effective date of this 174 
section in the respective county, provided such facility has 175     
 
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conducted a full schedule of live racing for 2 consecutive 176 
calendar years immediately preceding its application for a slot 177 
machine license, pays the required licensed fee, and meets the 178 
other requirements of this chapter. The term includes any such 179 
facility that has relocated pursuant to s. 550.0555(3) and 180 
remains eligible to conduct slot machine operations at the new 181 
location. 182 
 Section 6.  Subsection (4) of section 551.114, Florida 183 
Statutes, is amended to read: 184 
 551.114  Slot machine gaming areas. — 185 
 (4)  Designated slot machine gaming areas must be located 186 
at the address specified in the licensed permitholder's slot 187 
machine license issued for fiscal year 2020 -2021. 188 
Notwithstanding the foregoing, if a pari -mutuel permit with an 189 
associated license for slot mach ine gaming relocates pursuant to 190 
s. 550.0555(3), the designated slot machine gaming area must be 191 
located at the location approved for the relocation of the pari -192 
mutuel permit. 193 
 Section 7.  Subsections (16) and (17) of section 849.086, 194 
Florida Statutes, are amended to read: 195 
 849.086  Cardrooms authorized. — 196 
 (16)  LOCAL GOVERNMENT APPROVAL. — 197 
 (a)  The commission may shall not issue any initial license 198 
under this section except upon proof in such form as the 199 
commission may prescribe that the local government where the 200     
 
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applicant for such license desires to conduct cardroom gaming 201 
has voted to approve such activity by a majority vote of the 202 
governing body of the municipality or the governing body of the 203 
county if the facility is not located in a municipality. 204 
 (b)  Notwithstanding any other provision of law, a 205 
municipality may prohibit the establishment of a cardroom on or 206 
after July 1, 2021, within its jurisdiction. This paragraph does 207 
not apply to a licensed pari -mutuel permitholder who held an 208 
operating license for the conduct of pari -mutuel wagering for 209 
fiscal year 2020-2021 in the municipality's jurisdiction , or to 210 
a cardroom that was previously approved by the municipality , or 211 
a cardroom operated at a pari -mutuel facility authorized to 212 
relocate pursuant to s. 550.0555(3). 213 
 (17)  CHANGE OF LOCATION; REFERENDUM. — 214 
 (a)  Notwithstanding any provisions of this section, no 215 
cardroom gaming license issued under this section shall be 216 
transferred, or reissued when such reissuance is in the nature 217 
of a transfer, so as to permit or authorize a licensee to change 218 
the location of the cardroom except upon proof in such form as 219 
the commission may prescribe that a referendum election has been 220 
held: 221 
 1.  If the proposed new location is within the same county 222 
as the already licensed location, in the county where the 223 
licensee desires to conduct cardroom gaming and that a majority 224 
of the electors voting on the question in such election voted in 225     
 
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favor of the transfer of such license. Notwithstanding the 226 
foregoing However, the commission shall transfer, without 227 
requirement of a referendum election, the cardroom license of 228 
any permitholder that relocated its permit pursuant to s. 229 
550.0555. 230 
 2.  If the proposed new location is not within the same 231 
county as the already licensed location , in the county where the 232 
licensee desires to conduct cardroom gaming and that a majority 233 
of the electors voting on that question in each such election 234 
voted in favor of the transfer of such license. 235 
 (b)  The expense of each referendum held under the 236 
provisions of this subsection shall be borne by the licensee 237 
requesting the transfer. 238 
 Section 8.  This act shall take effect July 1, 2024. 239