PCB COM 21-05 — An Act Relating to Requirements for Pari-Mutuel Permitholders (2021)
Summary
Proposed committee bill PCB COM 21-05, marked ORIGINAL 2021, a bill to be entitled "An act relating to requirements for pari-mutuel permitholders to conduct racing or games". The bill title says the act prohibits greyhound permitholders from conducting live racing, authorizes jai alai, harness horse racing and quarter horse racing permitholders to elect not to conduct live racing or games, and requires thoroughbred permitholders to conduct live racing. It also lists changes on the conversion of permits, greyhound adoptions, bookmaking at pari-mutuel facilities and cardroom license renewal. Section 30 states that the act takes effect only if PCB COM 21-03 or similar legislation takes effect, with a July 1, 2021 effective date.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“PCB COM 21-05 — An Act Relating to Requirements for Pari-Mutuel Permitholders (2021).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCB COM 21-05
ORIGINAL 2021
1 A bill to be entitled
2 An act relating to requirements for pari-mutuel
3 permitholders to conduct racing or games; amending s.
4 550.002, F.S.; revising and providing definitions;
5 amending s. 550.0115, F.S.; conforming provisions to
6 changes made by the act; amending s. 550.01215, F.S.;
7 revising the application requirements for an operating
8 license to conduct pari-mutuel wagering for a pari-
9 mutuel facility; prohibiting greyhound permitholders
10 from conducting live racing; authorizing jai alai
11 permitholders, harness horse racing permitholders, and
12 quarter horse racing permitholders to elect not to
13 conduct live racing or games; requiring thoroughbred
14 permitholders to conduct live racing; specifying that
15 certain permitholders that do not conduct live racing
16 or games retain their permit and remain pari-mutuel
17 facilities; specifying that, if such permitholder has
18 been issued a slot machine license, the permitholder's
19 facility remains an eligible facility, continues to be
20 eligible for a slot machine license, is exempt from
21 certain provisions of ch. 551, F.S., is eligible to be
22 a guest track, and, if the permitholder is a harness
23 horse racing permitholder, is eligible to be a host
24 track for intertrack wagering and simulcasting, and
25 remains eligible for a cardroom license; authorizing
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PCB COM 21-05
ORIGINAL 2021
26 the Division of Pari-mutuel Wagering to approve a
27 change in racing dates for a permitholder if the
28 request for a change is received before a specified
29 date and under certain circumstances; deleting a
30 provision authorizing the conversion of certain
31 permits to a jai alai permit under certain
32 circumstances; amending s. 550.0235, F.S.; conforming
33 provisions to changes made by the act; amending s.
34 550.0351, F.S.; deleting a provision relating to hound
35 dog derbies and mutt derbies; amending s. 550.0425,
36 F.S.; deleting a provision authorizing certain
37 children to be granted access to kennel compound areas
38 under certain circumstances; amending s. 550.054,
39 F.S.; deleting provisions relating to the conversion
40 of jai alai permits to greyhound racing permits;
41 conforming a provision to changes made by the act;
42 amending s. 550.09511, F.S.; deleting a provision
43 relating to the payment of certain taxes and fees by
44 jai alai permitholders conducting fewer than a
45 specified number of live performances; amending s.
46 550.09512, F.S.; revising the circumstances for which
47 a harness horse permitholder's permit is voided for
48 failing to pay certain taxes; amending ss. 550.105 and
49 550.1155, F.S.; conforming provisions to changes made
50 by the act; amending s. 550.1647, F.S.; conforming a
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PCB COM 21-05
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51 provision to changes made by the act; repealing s.
52 550.1648, F.S., relating to greyhound adoptions;
53 amending ss. 550.175 and 550.1815, F.S.; conforming
54 provisions to changes made by the act; amending s.
55 550.24055, F.S.; conforming provisions to changes made
56 by the act; amending s. 550.2415, F.S.; deleting
57 provisions relating to the testing, euthanasia, and
58 training of racing greyhounds; amending s. 550.3551,
59 F.S.; conforming provisions to changes made by the
60 act; conforming provisions to changes made by the act;
61 amending s. 550.3615, F.S.; conforming provisions to
62 changes made by the act; prohibiting a person
63 convicted of bookmaking from attending or being
64 admitted to a pari-mutuel facility; requiring pari-
65 mutuel facility employees to notify certain persons of
66 unlawful activities; providing civil penalties;
67 requiring a permittee to display certain warnings
68 relating to bookmaking at his or her pari-mutuel
69 facility; revising applicability; amending s. 550.475,
70 F.S.; revising provisions relating to leasing pari-
71 mutuel facilities; amending s. 550.615, F.S.; revising
72 requirements relating to intertrack wagering;
73 specifying that greyhound permitholders are qualified
74 to receive certain broadcasts and accept specified
75 wagers; amending s. 550.6305, F.S.; conforming
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76 provisions to changes made by the act; amending s.
77 551.104, F.S.; conforming provisions to changes made
78 by the act; amending s. 551.114, F.S.; revising
79 requirements for the locations of designated slot
80 machine gaming areas; amending s. 565.02, F.S.;
81 conforming provisions to changes made by the act;
82 amending s. 849.086, F.S.; revising requirements
83 relating to the annual renewal of a cardroom license;
84 conforming provisions to changes made by the act;
85 reenacting ss. 380.0651(2)(c), 402.82(4)(c), and
86 480.0475(1), F.S., relating to statewide guidelines,
87 the electronic benefits transfer program, and massage
88 establishments, respectively, to incorporate the
89 amendments made to s. 550.002, F.S., in references
90 thereto; providing a contingent effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Present subsections (24) through (28) of
95 section 550.002, Florida Statutes, are redesignated as
96 subsections (25) through (29), respectively, a new subsection
97 (24) is added to that section, and subsections (11), (17), (20),
98 (21), (22), (23), and (31) and present subsections (26) and (29)
99 of that section are amended, to read:
100 550.002 Definitions.—As used in this chapter, the term:
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101 (11) "Full schedule of live racing or games" means, for a
102 greyhound or jai alai permitholder, the conduct of a combination
103 of at least 100 live evening or matinee performances during the
104 preceding year; for a permitholder who has a converted permit or
105 filed an application on or before June 1, 1990, for a converted
106 permit, the conduct of a combination of at least 100 live
107 evening and matinee wagering performances during either of the 2
108 preceding years; for a jai alai permitholder who does not
109 operate slot machines in its pari-mutuel facility, who has
110 conducted at least 100 live performances per year for at least
111 10 years after December 31, 1992, and whose handle on live jai
112 alai games conducted at its pari-mutuel facility has been less
113 than $4 million per state fiscal year for at least 2 consecutive
114 years after June 30, 1992, the conduct of a combination of at
115 least 40 live evening or matinee performances during the
116 preceding year; for a jai alai permitholder who operates slot
117 machines in its pari-mutuel facility, the conduct of a
118 combination of at least 150 performances during the preceding
119 year; for a harness permitholder, the conduct of at least 100
120 live regular wagering performances during the preceding year;
121 for a quarter horse permitholder at its facility unless an
122 alternative schedule of at least 20 live regular wagering
123 performances is agreed upon by the permitholder and either the
124 Florida Quarter Horse Racing Association or the horsemen's
125 association representing the majority of the quarter horse
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126 owners and trainers at the facility and filed with the division
127 along with its annual date application, in the 2010-2011 fiscal
128 year, the conduct of at least 20 regular wagering performances,
129 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
130 least 30 live regular wagering performances, and for every
131 fiscal year after the 2012-2013 fiscal year, the conduct of at
132 least 40 live regular wagering performances; for a quarter horse
133 permitholder leasing another licensed racetrack, the conduct of
134 160 events at the leased facility; and for a thoroughbred
135 permitholder, the conduct of at least 40 live regular wagering
136 performances during the preceding year. For a permitholder which
137 is restricted by statute to certain operating periods within the
138 year when other members of its same class of permit are
139 authorized to operate throughout the year, the specified number
140 of live performances which constitute a full schedule of live
141 racing or games shall be adjusted pro rata in accordance with
142 the relationship between its authorized operating period and the
143 full calendar year and the resulting specified number of live
144 performances shall constitute the full schedule of live games
145 for such permitholder and all other permitholders of the same
146 class within 100 air miles of such permitholder. A live
147 performance must consist of no fewer than eight races or games
148 conducted live for each of a minimum of three performances each
149 week at the permitholder's licensed facility under a single
150 admission charge.
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151 (17) "Intertrack wager" or "intertrack wagering" means a
152 particular form of pari-mutuel wagering in which wagers are
153 accepted at a permitted, in-state track, fronton, or pari-mutuel
154 facility on a race or game transmitted from and performed live
155 at, or simulcast signal rebroadcast from, another in-state pari-
156 mutuel facility.
157 (20) "Meet" or "meeting" means the conduct of live racing
158 or jai alai, or wagering on intertrack or simulcast events, for
159 any stake, purse, prize, or premium.
160 (21) "Operating day" means a continuous period of 24 hours
161 starting with the beginning of the first performance of a race
162 or game, even though the operating day may start during one
163 calendar day and extend past midnight except that no greyhound
164 race or jai alai game may commence after 1:30 a.m.
165 (22) "Pari-mutuel" or "pari-mutuel wagering" means a
166 system of betting on races or games in which the winners divide
167 the total amount bet, after deducting management expenses and
168 taxes, in proportion to the sums they have wagered individually
169 and with regard to the odds assigned to particular outcomes.
170 (23) "Pari-mutuel facility" means the grounds or property
171 of a cardroom, racetrack, fronton, or other facility used by a
172 licensed permitholder for the conduct of pari-mutuel wagering.
173 (24) "Permitholder" or "permittee" means a holder of a
174 permit to conduct pari-mutuel wagering in this state as
175 authorized in this chapter.
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176 (27)(26) "Post time" means the time set for the arrival at
177 the starting point of the horses or greyhounds in a race or the
178 beginning of a game in jai alai.
179 (29) "Racing greyhound" means a greyhound that is or was
180 used, or is being bred, raised, or trained to be used, in racing
181 at a pari-mutuel facility and is registered with the National
182 Greyhound Association.
183 (31) "Same class of races, games, or permit" means, with
184 respect to a jai alai permitholder, jai alai games or other jai
185 alai permitholders; with respect to a greyhound permitholder,
186 greyhound races or other greyhound permitholders conducting
187 pari-mutuel wagering; with respect to a thoroughbred
188 permitholder, thoroughbred races or other thoroughbred
189 permitholders; with respect to a harness permitholder, harness
190 races or other harness permitholders; with respect to a quarter
191 horse permitholder, quarter horse races or other quarter horse
192 permitholders.
193 Section 2. Section 550.0115, Florida Statutes, is amended
194 to read:
195 550.0115 Permitholder operating license.—After a permit
196 has been issued by the division, and after the permit has been
197 approved by election, the division shall issue to the
198 permitholder an annual operating license to conduct pari-mutuel
199 wagering operations at the location specified in the permit
200 pursuant to the provisions of this chapter.
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201 Section 3. Section 550.01215, Florida Statutes, is amended
202 to read:
203 550.01215 License application; periods of operation;
204 license fees; bond, conversion of permit.—
205 (1) Each permitholder shall annually, during the period
206 between December 15 and January 4, file in writing with the
207 division its application for an operating a license for a pari-
208 mutuel facility for the conduct of pari-mutuel wagering during
209 the next state fiscal year, including intertrack and simulcast
210 race wagering to conduct performances during the next state
211 fiscal year. Each application for live performances must shall
212 specify the number, dates, and starting times of all live
213 performances that which the permitholder intends to conduct. It
214 must shall also specify which performances will be conducted as
215 charity or scholarship performances.
216 (a) In addition, Each application for an operating a
217 license also must shall include:,
218 1. For each permitholder, whether the permitholder intends
219 to accept wagers on intertrack or simulcast events.
220 2. For each permitholder that which elects to operate a
221 cardroom, the dates and periods of operation the permitholder
222 intends to operate the cardroom. or,
223 3. For each thoroughbred racing permitholder that which
224 elects to receive or rebroadcast out-of-state races after 7
225 p.m., the dates for all performances that which the permitholder
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226 intends to conduct.
227 (b)1. A greyhound permitholder may not conduct live
228 racing. A jai alai permitholder, harness horse racing
229 permitholder, or quarter horse racing permitholder may elect not
230 to conduct live racing or games. A thoroughbred permitholder
231 must conduct live racing. A greyhound permitholder, jai alai
232 permitholder, harness horse racing permitholder, or quarter
233 horse racing permitholder that does not conduct live racing or
234 games retains its permit; is a pari-mutuel facility as defined
235 in s. 550.002(23); if such permitholder has been issued a slot
236 machine license, the facility where such permit is located
237 remains an eligible facility as defined in s. 551.102(4),
238 continues to be eligible for a slot machine license pursuant to
239 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and
240 551.114(2) and (4); is eligible, but not required, to be a guest
241 track and, if the permitholder is a harness horse racing
242 permitholder, to be a host track for purposes of intertrack
243 wagering and simulcasting pursuant to ss. 550.3551, 550.615,
244 550.625, and 550.6305; and remains eligible for a cardroom
245 license.
246 2. A permitholder or licensee may not conduct live
247 greyhound racing or dogracing in connection with any wager for
248 money or any other thing of value in the state. The division may
249 deny, suspend, or revoke any permit or license under this
250 chapter if a permitholder or licensee conducts live greyhound
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251 racing or dogracing in violation of this subparagraph. In
252 addition to, or in lieu of, denial, suspension, or revocation,
253 the division may impose a civil penalty of up to $5,000 against
254 the permitholder or licensee for a violation of this
255 subparagraph. All penalties imposed and collected must be
256 deposited with the Chief Financial Officer to the credit of the
257 General Revenue Fund.
258 (c) Permitholders may shall be entitled to amend their
259 applications through February 28.
260 (d) Notwithstanding any other provision of law, no pari-
261 mutuel facility, cardroom, or slot machine facility may be
262 issued an operating license if the permitholder did not hold an
263 operating license on November 6, 2018.
264 (2) After the first license has been issued to a
265 permitholder, all subsequent annual applications for a license
266 shall be accompanied by proof, in such form as the division may
267 by rule require, that the permitholder continues to possess the
268 qualifications prescribed by this chapter, and that the permit
269 has not been disapproved at a later election.
270 (3) The division shall issue each license no later than
271 March 15. Each permitholder shall operate all performances at
272 the date and time specified on its license. The division shall
273 have the authority to approve minor changes in racing dates
274 after a license has been issued. The division may approve
275 changes in racing dates after a license has been issued when
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276 there is no objection from any operating permitholder located
277 within 50 miles of the permitholder requesting the changes in
278 operating dates. In the event of an objection, the division
279 shall approve or disapprove the change in operating dates based
280 upon the impact on operating permitholders located within 50
281 miles of the permitholder requesting the change in operating
282 dates. In making the determination to change racing dates, the
283 division shall take into consideration the impact of such
284 changes on state revenues. Notwithstanding any other provision
285 of law, and for the 2021-2022 state fiscal year only, the
286 division may approve changes in operating dates for
287 permitholders if the request for such changes is received before
288 July 1, 2021.
289 (4) In the event that a permitholder fails to operate all
290 performances specified on its license at the date and time
291 specified, the division shall hold a hearing to determine
292 whether to fine or suspend the permitholder's license, unless
293 such failure was the direct result of fire, strike, war, or
294 other disaster or event beyond the ability of the permitholder
295 to control. Financial hardship to the permitholder shall not, in
296 and of itself, constitute just cause for failure to operate all
297 performances on the dates and at the times specified.
298 (5) In the event that performances licensed to be operated
299 by a permitholder are vacated, abandoned, or will not be used
300 for any reason, any permitholder shall be entitled, pursuant to
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301 rules adopted by the division, to apply to conduct performances
302 on the dates for which the performances have been abandoned. The
303 division shall issue an amended license for all such replacement
304 performances which have been requested in compliance with the
305 provisions of this chapter and division rules.
306 (6) Any permit which was converted from a jai alai permit
307 to a greyhound permit may be converted to a jai alai permit at
308 any time if the permitholder never conducted greyhound racing or
309 if the permitholder has not conducted greyhound racing for a
310 period of 12 consecutive months.
311 Section 4. Section 550.0235, Florida Statutes, is amended
312 to read:
313 550.0235 Limitation of civil liability.—No permitholder
314 licensed to conduct pari-mutuel wagering permittee conducting a
315 racing meet pursuant to the provisions of this chapter; no
316 division director or employee of the division; and no steward,
317 judge, or other person appointed to act pursuant to this chapter
318 shall be held liable to any person, partnership, association,
319 corporation, or other business entity for any cause whatsoever
320 arising out of, or from, the performance by such permittee,
321 director, employee, steward, judge, or other person of her or
322 his duties and the exercise of her or his discretion with
323 respect to the implementation and enforcement of the statutes
324 and rules governing the conduct of pari-mutuel wagering, so long
325 as she or he acted in good faith. This section shall not limit
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326 liability in any situation in which the negligent maintenance of
327 the premises or the negligent conduct of a race contributed to
328 an accident; nor shall it limit any contractual liability.
329 Section 5. Subsections (1) and (7) of section 550.0351,
330 Florida Statutes, are amended to read:
331 550.0351 Charity racing days.—
332 (1) The division shall, upon the request of a
333 permitholder, authorize each horseracing permitholder, dogracing
334 permitholder, and jai alai permitholder up to five charity or
335 scholarship days in addition to the regular racing days
336 authorized by law.
337 (7) In addition to the charity days authorized by this
338 section, any dogracing permitholder may allow its facility to be
339 used for conducting "hound dog derbies" or "mutt derbies" on any
340 day during each racing season by any charitable, civic, or
341 nonprofit organization for the purpose of conducting "hound dog
342 derbies" or "mutt derbies" if only dogs other than those usually
343 used in dogracing (greyhounds) are permitted to race and if
344 adults and minors are allowed to participate as dog owners or
345 spectators. During these racing events, betting, gambling, and
346 the sale or use of alcoholic beverages is prohibited.
347 Section 6. Subsection (4) of section 550.0425, Florida
348 Statutes, is amended to read:
349 550.0425 Minors attendance at pari-mutuel performances;
350 restrictions.—
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351 (4) Minor children of licensed greyhound trainers, kennel
352 operators, or other licensed persons employed in the kennel
353 compound areas may be granted access to kennel compound areas
354 without being licensed, provided they are in no way employed
355 unless properly licensed, and only when under the direct
356 supervision of one of their parents or legal guardian.
357 Section 7. Subsections (2) and (14) of section 550.054,
358 Florida Statutes, are amended to read:
359 550.054 Application for permit to conduct pari-mutuel
360 wagering.—
361 (2) Upon each application filed and approved, a permit
362 shall be issued to the applicant setting forth the name of the
363 permitholder, the location of the pari-mutuel facility, the type
364 of pari-mutuel activity desired to be conducted, and a statement
365 showing qualifications of the applicant to conduct pari-mutuel
366 performances under this chapter; however, a permit is
367 ineffectual to authorize any pari-mutuel performances until
368 approved by a majority of the electors participating in a
369 ratification election in the county in which the applicant
370 proposes to conduct pari-mutuel wagering activities. In
371 addition, an application may not be considered, nor may a permit
372 be issued by the division or be voted upon in any county, to
373 conduct horseraces, harness horse races, or pari-mutuel wagering
374 dograces at a location within 100 miles of an existing pari-
375 mutuel facility, or for jai alai within 50 miles of an existing
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376 pari-mutuel facility; this distance shall be measured on a
377 straight line from the nearest property line of one pari-mutuel
378 facility to the nearest property line of the other facility.
379 (14)(a) Notwithstanding any other provision of law, a
380 permit for the operation of a pari-mutuel facility, cardroom, or
381 slot machine facility may only be held by facilities with
382 permits on November 6, 2018.
383 (b) Notwithstanding any other provision of law, no pari-
384 mutuel facility, cardroom, or slot machine facility may be
385 relocated, and no pari-mutuel wagering permit may be converted
386 to another class of permit.
387 (14)(a) Any holder of a permit to conduct jai alai may
388 apply to the division to convert such permit to a permit to
389 conduct greyhound racing in lieu of jai alai if:
390 1. Such permit is located in a county in which the
391 division has issued only two pari-mutuel permits pursuant to
392 this section;
393 2. Such permit was not previously converted from any other
394 class of permit; and
395 3. The holder of the permit has not conducted jai alai
396 games during a period of 10 years immediately preceding his or
397 her application for conversion under this subsection.
398 (b) The division, upon application from the holder of a
399 jai alai permit meeting all conditions of this section, shall
400 convert the permit and shall issue to the permitholder a permit
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401 to conduct greyhound racing. A permitholder of a permit
402 converted under this section shall be required to apply for and
403 conduct a full schedule of live racing each fiscal year to be
404 eligible for any tax credit provided by this chapter. The holder
405 of a permit converted pursuant to this subsection or any holder
406 of a permit to conduct greyhound racing located in a county in
407 which it is the only permit issued pursuant to this section who
408 operates at a leased facility pursuant to s. 550.475 may move
409 the location for which the permit has been issued to another
410 location within a 30-mile radius of the location fixed in the
411 permit issued in that county, provided the move does not cross
412 the county boundary and such location is approved under the
413 zoning regulations of the county or municipality in which the
414 permit is located, and upon such relocation may use the permit
415 for the conduct of pari-mutuel wagering and the operation of a
416 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
417 apply to any permit converted under this subsection and shall
418 continue to apply to any permit which was previously included
419 under and subject to such provisions before a conversion
420 pursuant to this section occurred.
421 Section 8. Subsection (4) of section 550.09511, Florida
422 Statutes, is amended to read:
423 550.09511 Jai alai taxes; abandoned interest in a permit
424 for nonpayment of taxes.—
425 (4) A jai alai permitholder conducting fewer than 100 live
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426 performances in any calendar year shall pay to the state the
427 same aggregate amount of daily license fees on live jai alai
428 games, admissions tax, and tax on live handle as that
429 permitholder paid to the state during the most recent prior
430 calendar year in which the jai alai permitholder conducted at
431 least 100 live performances.
432 Section 9. Paragraph (a) of subsection (3) of section
433 550.09512, Florida Statutes, is amended to read:
434 550.09512 Harness horse taxes; abandoned interest in a
435 permit for nonpayment of taxes.—
436 (3)(a) The permit of a harness horse permitholder who is
437 conducting live harness horse performances and who does not pay
438 tax on handle for any such live harness horse performances
439 conducted for a full schedule of live races during any 2
440 consecutive state fiscal years shall be void and shall not be
441 reissued escheat to and become the property of the state unless
442 such failure to operate and pay tax on handle was the direct
443 result of fire, strike, war, pandemic, or other disaster or
444 event beyond the ability of the permitholder to control.
445 Financial hardship to the permitholder shall not, in and of
446 itself, constitute just cause for failure to operate and pay tax
447 on handle.
448 Section 10. Subsections (2) and (9) of section 550.105,
449 Florida Statutes, are amended to read:
450 550.105 Occupational licenses of racetrack employees;
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451 fees; denial, suspension, and revocation of license; penalties
452 and fines.—
453 (2)(a) The following licenses shall be issued to persons
454 or entities with access to the backside, racing animals, jai
455 alai players' room, jockeys' room, drivers' room, totalisator
456 room, the mutuels, or money room, or to persons who, by virtue
457 of the position they hold, might be granted access to these
458 areas or to any other person or entity in one of the following
459 categories and with fees not to exceed the following amounts for
460 any 12-month period:
461 1. Business licenses: any business such as a vendor,
462 contractual concessionaire, contract kennel, business owning
463 racing animals, trust or estate, totalisator company, stable
464 name, or other fictitious name: $50.
465 2. Professional occupational licenses: professional
466 persons with access to the backside of a racetrack or players'
467 quarters in jai alai such as trainers, officials, veterinarians,
468 doctors, nurses, EMT's, jockeys and apprentices, drivers, jai
469 alai players, owners, trustees, or any management or officer or
470 director or shareholder or any other professional-level person
471 who might have access to the jockeys' room, the drivers' room,
472 the backside, racing animals, kennel compound, or managers or
473 supervisors requiring access to mutuels machines, the money
474 room, or totalisator equipment: $40.
475 3. General occupational licenses: general employees with
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476 access to the jockeys' room, the drivers' room, racing animals,
477 the backside of a racetrack or players' quarters in jai alai,
478 such as grooms, kennel helpers, leadouts, pelota makers, cesta
479 makers, or ball boys, or a practitioner of any other occupation
480 who would have access to the animals or, the backside, or the
481 kennel compound, or who would provide the security or
482 maintenance of these areas, or mutuel employees, totalisator
483 employees, money-room employees, or any employee with access to
484 mutuels machines, the money room, or totalisator equipment or
485 who would provide the security or maintenance of these areas:
486 $10.
487
488 The individuals and entities that are licensed under this
489 paragraph require heightened state scrutiny, including the
490 submission by the individual licensees or persons associated
491 with the entities described in this chapter of fingerprints for
492 a Federal Bureau of Investigation criminal records check.
493 (b) The division shall adopt rules pertaining to pari-
494 mutuel occupational licenses, licensing periods, and renewal
495 cycles.
496 (9) The tax imposed by this section is in lieu of all
497 license, excise, or occupational taxes to the state or any
498 county, municipality, or other political subdivision, except
499 that, if a race meeting or game is held or conducted in a
500 municipality, the municipality may assess and collect an
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501 additional tax against any person conducting live racing or
502 games within its corporate limits, which tax may not exceed $150
503 per day for horseracing or $50 per day for dogracing or jai
504 alai. Except as provided in this chapter, a municipality may not
505 assess or collect any additional excise or revenue tax against
506 any person conducting race meetings within the corporate limits
507 of the municipality or against any patron of any such person.
508 Section 11. Section 550.1155, Florida Statutes, is amended
509 to read:
510 550.1155 Authority of stewards, judges, panel of judges,
511 or player's manager to impose penalties against occupational
512 licensees; disposition of funds collected.—
513 (1) The stewards at a horse racetrack; the judges at a dog
514 track; or the judges, a panel of judges, or a player's manager
515 at a jai alai fronton may impose a civil penalty against any
516 occupational licensee for violation of the pari-mutuel laws or
517 any rule adopted by the division. The penalty may not exceed
518 $1,000 for each count or separate offense or exceed 60 days of
519 suspension for each count or separate offense.
520 (2) All penalties imposed and collected pursuant to this
521 section at each horse or dog racetrack or jai alai fronton shall
522 be deposited into a board of relief fund established by the
523 pari-mutuel permitholder. Each association shall name a board of
524 relief composed of three of its officers, with the general
525 manager of the permitholder being the ex officio treasurer of
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526 such board. Moneys deposited into the board of relief fund shall
527 be disbursed by the board for the specific purpose of aiding
528 occupational licenseholders and their immediate family members
529 at each pari-mutuel facility.
530 Section 12. Section 550.1647, Florida Statutes, is amended
531 to read:
532 550.1647 Greyhound permitholders; unclaimed tickets;
533 breaks.—All money or other property represented by any
534 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
535 remained in the custody of or under the control of any greyhound
536 permitholder authorized to conduct greyhound racing pari-mutuel
537 wagering pools in this state for a period of 1 year after the
538 date the pari-mutuel ticket was issued, if the rightful owner or
539 owners thereof have made no claim or demand for such money or
540 other property within that period of time, shall, with respect
541 to live races conducted by the permitholder, be remitted to the
542 state pursuant to s. 550.1645; however, such permitholder shall
543 be entitled to a credit in each state fiscal year in an amount
544 equal to the actual amount remitted in the prior state fiscal
545 year which may be applied against any taxes imposed pursuant to
546 this chapter. In addition, each permitholder shall pay, from any
547 source, including the proceeds from performances conducted
548 pursuant to s. 550.0351, an amount not less than 10 percent of
549 the amount of the credit provided by this section to any bona
550 fide organization that promotes or encourages the adoption of
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551 greyhounds. As used in this chapter, the term "bona fide
552 organization that promotes or encourages the adoption of
553 greyhounds" means any organization that provides evidence of
554 compliance with chapter 496 and possesses a valid exemption from
555 federal taxation issued by the Internal Revenue Service. Such
556 bona fide organization, as a condition of adoption, must provide
557 sterilization of greyhounds by a licensed veterinarian before
558 relinquishing custody of the greyhound to the adopter. The fee
559 for sterilization may be included in the cost of adoption.
560 Section 13. Section 550.1648, Florida Statutes, is
561 repealed.
562 Section 14. Section 550.175, Florida Statutes, is amended
563 to read:
564 550.175 Petition for election to revoke permit.—Upon
565 petition of 20 percent of the qualified electors of any county
566 wherein any pari-mutuel wagering racing has been licensed and
567 conducted under this chapter, the county commissioners of such
568 county shall provide for the submission to the electors of such
569 county at the then next succeeding general election the question
570 of whether any permit or permits theretofore granted shall be
571 continued or revoked, and if a majority of the electors voting
572 on such question in such election vote to cancel or recall the
573 permit theretofore given, the division may not thereafter grant
574 any license on the permit so recalled. Every signature upon
575 every recall petition must be signed in the presence of the
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576 clerk of the board of county commissioners at the office of the
577 clerk of the circuit court of the county, and the petitioner
578 must present at the time of such signing her or his registration
579 receipt showing the petitioner's qualification as an elector of
580 the county at the time of the signing of the petition. Not more
581 than one permit may be included in any one petition; and, in all
582 elections in which the recall of more than one permit is voted
583 on, the voters shall be given an opportunity to vote for or
584 against the recall of each permit separately. Nothing in this
585 chapter shall be construed to prevent the holding of later
586 referendum or recall elections.
587 Section 15. Subsection (1) of section 550.1815, Florida
588 Statutes, is amended to read:
589 550.1815 Certain persons prohibited from holding racing or
590 jai alai permits; suspension and revocation.—
591 (1) A corporation, general or limited partnership, sole
592 proprietorship, business trust, joint venture, or unincorporated
593 association, or other business entity may not hold any
594 horseracing or greyhound dogracing permit or jai alai fronton
595 permit in this state if any one of the persons or entities
596 specified in paragraph (a) has been determined by the division
597 not to be of good moral character or has been convicted of any
598 offense specified in paragraph (b).
599 (a)1. The permitholder;
600 2. An employee of the permitholder;
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601 3. The sole proprietor of the permitholder;
602 4. A corporate officer or director of the permitholder;
603 5. A general partner of the permitholder;
604 6. A trustee of the permitholder;
605 7. A member of an unincorporated association permitholder;
606 8. A joint venturer of the permitholder;
607 9. The owner of more than 5 percent of any equity interest
608 in the permitholder, whether as a common shareholder, general or
609 limited partner, voting trustee, or trust beneficiary; or
610 10. An owner of any interest in the permit or
611 permitholder, including any immediate family member of the
612 owner, or holder of any debt, mortgage, contract, or concession
613 from the permitholder, who by virtue thereof is able to control
614 the business of the permitholder.
615 (b)1. A felony in this state;
616 2. Any felony in any other state which would be a felony
617 if committed in this state under the laws of this state;
618 3. Any felony under the laws of the United States;
619 4. A felony under the laws of another state if related to
620 gambling which would be a felony under the laws of this state if
621 committed in this state; or
622 5. Bookmaking as defined in s. 849.25.
623 Section 16. Subsection (2) of section 550.24055, Florida
624 Statutes, is amended to read:
625 550.24055 Use of controlled substances or alcohol
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626 prohibited; testing of certain occupational licensees; penalty;
627 evidence of test or action taken and admissibility for criminal
628 prosecution limited.—
629 (2) The occupational licensees, by applying for and
630 holding such licenses, are deemed to have given their consents
631 to submit to an approved chemical test of their breath for the
632 purpose of determining the alcoholic content of their blood and
633 to a urine or blood test for the purpose of detecting the
634 presence of controlled substances. Such tests shall only be
635 conducted upon reasonable cause that a violation has occurred as
636 shall be determined solely by the stewards at a horseracing
637 meeting or the judges or board of judges at a dogtrack or jai
638 alai meet. The failure to submit to such test may result in a
639 suspension of the person's occupational license for a period of
640 10 days or until this section has been complied with, whichever
641 is longer.
642 (a) If there was at the time of the test 0.05 percent or
643 less by weight of alcohol in the person's blood, the person is
644 presumed not to have been under the influence of alcoholic
645 beverages to the extent that the person's normal faculties were
646 impaired, and no action of any sort may be taken by the
647 stewards, judges, or board of judges or the division.
648 (b) If there was at the time of the test an excess of 0.05
649 percent but less than 0.08 percent by weight of alcohol in the
650 person's blood, that fact does not give rise to any presumption
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651 that the person was or was not under the influence of alcoholic
652 beverages to the extent that the person's faculties were
653 impaired, but the stewards, judges, or board of judges may
654 consider that fact in determining whether or not the person will
655 be allowed to officiate or participate in any given race or jai
656 alai game.
657 (c) If there was at the time of the test 0.08 percent or
658 more by weight of alcohol in the person's blood, that fact is
659 prima facie evidence that the person was under the influence of
660 alcoholic beverages to the extent that the person's normal
661 faculties were impaired, and the stewards or judges may take
662 action as set forth in this section, but the person may not
663 officiate at or participate in any race or jai alai game on the
664 day of such test.
665
666 All tests relating to alcohol must be performed in a manner
667 substantially similar, or identical, to the provisions of s.
668 316.1934 and rules adopted pursuant to that section. Following a
669 test of the urine or blood to determine the presence of a
670 controlled substance as defined in chapter 893, if a controlled
671 substance is found to exist, the stewards, judges, or board of
672 judges may take such action as is permitted in this section.
673 Section 17. Paragraph (d) of subsection (5), paragraphs
674 (b) and (c) of subsection (6), paragraph (a) of subsection (9),
675 and subsection (13) of section 550.2415, Florida Statutes, are
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676 amended to read:
677 550.2415 Racing of animals under certain conditions
678 prohibited; penalties; exceptions.—
679 (5) The division shall implement a split-sample procedure
680 for testing animals under this section.
681 (d) For the testing of a racing greyhound, if there is an
682 insufficient quantity of the secondary (split) sample for
683 confirmation of the division laboratory's positive result, the
684 division may commence administrative proceedings as prescribed
685 in this chapter and consistent with chapter 120.
686 (6)
687 (b) The division shall, by rule, establish the procedures
688 for euthanizing greyhounds. However, a greyhound may not be put
689 to death by any means other than by lethal injection of the drug
690 sodium pentobarbital. A greyhound may not be removed from this
691 state for the purpose of being destroyed.
692 (c) It is a violation of this chapter for an occupational
693 licensee to train a greyhound using live or dead animals. A
694 greyhound may not be taken from this state for the purpose of
695 being trained through the use of live or dead animals.
696 (9)(a) The division may conduct a postmortem examination
697 of any animal that is injured at a permitted racetrack while in
698 training or in competition and that subsequently expires or is
699 destroyed. The division may conduct a postmortem examination of
700 any animal that expires while housed at a permitted racetrack,
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701 association compound, or licensed kennel or farm. Trainers and
702 owners shall be requested to comply with this paragraph as a
703 condition of licensure.
704 (13) The division may implement by rule medication levels
705 for racing greyhounds recommended by the University of Florida
706 College of Veterinary Medicine developed pursuant to an
707 agreement between the Division of Pari-mutuel Wagering and the
708 University of Florida College of Veterinary Medicine. The
709 University of Florida College of Veterinary Medicine may provide
710 written notification to the division that it has completed
711 research or review on a particular drug pursuant to the
712 agreement and when the College of Veterinary Medicine has
713 completed a final report of its findings, conclusions, and
714 recommendations to the division.
715 Section 18. Subsections (2) and (4), paragraph (a) of
716 subsection (6), and subsection (11) of section 550.3551, Florida
717 Statutes, are amended to read:
718 550.3551 Transmission of racing and jai alai information;
719 commingling of pari-mutuel pools.—
720 (2) Any horse track, dog track, or fronton licensed under
721 this chapter may transmit broadcasts of races or games conducted
722 at the enclosure of the licensee to locations outside this
723 state.
724 (a) All broadcasts of horseraces transmitted to locations
725 outside this state must comply with the provisions of the
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726 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
727 3001 et seq.
728 (b) Wagers accepted by any out-of-state pari-mutuel
729 permitholder or licensed betting system on a race broadcasted
730 under this subsection may be, but are not required to be,
731 included in the pari-mutuel pools of the horse track in this
732 state that broadcasts the race upon which wagers are accepted.
733 The handle, as referred to in s. 550.0951(3), does not include
734 any wagers accepted by an out-of-state pari-mutuel permitholder
735 or licensed betting system, irrespective of whether such wagers
736 are included in the pari-mutuel pools of the Florida
737 permitholder as authorized by this subsection.
738 (4) Any greyhound permitholder or jai alai permitholder
739 dog track or fronton licensed under this chapter may receive at
740 its licensed location broadcasts of dograces or jai alai games
741 conducted at other tracks or frontons located outside the state
742 at the track enclosure of the licensee during its operational
743 meeting. All forms of pari-mutuel wagering are allowed on
744 dograces or jai alai games broadcast under this subsection. All
745 money wagered by patrons on dograces broadcast under this
746 subsection shall be computed in the amount of money wagered each
747 performance for purposes of taxation under ss. 550.0951 and
748 550.09511.
749 (6)(a) A maximum of 20 percent of the total number of
750 races on which wagers are accepted by a greyhound permitholder
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751 not located as specified in s. 550.615(6) may be received from
752 locations outside this state. A permitholder conducting live
753 races or games may not conduct fewer than eight live races or
754 games on any authorized race day except as provided in this
755 subsection. A thoroughbred permitholder may not conduct fewer
756 than eight live races on any race day without the written
757 approval of the Florida Thoroughbred Breeders' Association and
758 the Florida Horsemen's Benevolent and Protective Association,
759 Inc., unless it is determined by the department that another
760 entity represents a majority of the thoroughbred racehorse
761 owners and trainers in the state. If conducting live racing, a
762 harness permitholder may conduct fewer than eight live races on
763 any authorized race day., except that such permitholder must
764 conduct a full schedule of live racing during its race meet
765 consisting of at least eight live races per authorized race day
766 for at least 100 days. Any harness horse permitholder that
767 during the preceding racing season conducted a full schedule of
768 live racing may, at any time during its current race meet,
769 receive full-card broadcasts of harness horse races conducted at
770 harness racetracks outside this state at the harness track of
771 the permitholder and accept wagers on such harness races. With
772 specific authorization from the division for special racing
773 events, a permitholder may conduct fewer than eight live races
774 or games when the permitholder also broadcasts out-of-state
775 races or games. The division may not grant more than two such
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776 exceptions a year for a permitholder in any 12-month period, and
777 those two exceptions may not be consecutive.
778 (11) Greyhound permitholders tracks and jai alai
779 permitholders frontons have the same privileges as provided in
780 this section to horserace permitholders horse tracks, as
781 applicable, subject to rules adopted under subsection (10).
782 Section 19. Subsections (1), (3), (4), (5), and (6) of
783 section 550.3615, Florida Statutes, are amended to read:
784 550.3615 Bookmaking on the grounds of a permitholder;
785 penalties; reinstatement; duties of track employees; penalty;
786 exceptions.—
787 (1) Any person who engages in bookmaking, as defined in s.
788 849.25, on the grounds or property of a pari-mutuel facility
789 commits permitholder of a horse or dog track or jai alai fronton
790 is guilty of a felony of the third degree, punishable as
791 provided in s. 775.082, s. 775.083, or s. 775.084.
792 Notwithstanding the provisions of s. 948.01, any person
793 convicted under the provisions of this subsection shall not have
794 adjudication of guilt suspended, deferred, or withheld.
795 (3) Any person who has been convicted of bookmaking in
796 this state or any other state of the United States or any
797 foreign country shall be denied admittance to and shall not
798 attend any pari-mutuel facility racetrack or fronton in this
799 state during its racing seasons or operating dates, including
800 any practice or preparational days, for a period of 2 years
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801 after the date of conviction or the date of final appeal.
802 Following the conclusion of the period of ineligibility, the
803 director of the division may authorize the reinstatement of an
804 individual following a hearing on readmittance. Any such person
805 who knowingly violates this subsection commits is guilty of a
806 misdemeanor of the first degree, punishable as provided in s.
807 775.082 or s. 775.083.
808 (4) If the activities of a person show that this law is
809 being violated, and such activities are either witnessed or are
810 common knowledge by any pari-mutuel facility track or fronton
811 employee, it is the duty of that employee to bring the matter to
812 the immediate attention of the permitholder, manager, or her or
813 his designee, who shall notify a law enforcement agency having
814 jurisdiction. Willful failure by the pari-mutuel facility on the
815 part of any track or fronton employee to comply with the
816 provisions of this subsection is a ground for the division to
817 suspend or revoke that employee's license for pari-mutuel
818 facility track or fronton employment.
819 (5) Each permittee shall display, in conspicuous places at
820 a pari-mutuel facility track or fronton and in all race and jai
821 alai daily programs, a warning to all patrons concerning the
822 prohibition and penalties of bookmaking contained in this
823 section and s. 849.25. The division shall adopt rules concerning
824 the uniform size of all warnings and the number of placements
825 throughout a pari-mutuel facility track or fronton. Failure on
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826 the part of the permittee to display such warnings may result in
827 the imposition of a $500 fine by the division for each offense.
828 (6) This section does not apply to any person attending a
829 track or fronton or employed by or attending a pari-mutuel
830 facility a track or fronton who places a bet through the
831 legalized pari-mutuel pool for another person, provided such
832 service is rendered gratuitously and without fee or other
833 reward.
834 Section 20. Section 550.475, Florida Statutes, is amended
835 to read:
836 550.475 Lease of pari-mutuel facilities by pari-mutuel
837 permitholders.—Holders of valid pari-mutuel permits for the
838 conduct of any pari-mutuel wagering jai alai games, dogracing,
839 or thoroughbred and standardbred horse racing in this state are
840 entitled to lease any and all of their facilities to any other
841 holder of a same class valid pari-mutuel permit for jai alai
842 games, dogracing, or thoroughbred or standardbred horse racing,
843 when located within a 35-mile radius of each other; and such
844 lessee is entitled to a permit and license to conduct intertrack
845 wagering and operate its race meet or jai alai games at the
846 leased premises.
847 Section 21. Subsections (2) and (8) of section 550.615,
848 Florida Statutes, are amended, and subsection (11) is added to
849 that section, to read:
850 550.615 Intertrack wagering.—
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851 (2) A pari-mutuel permitholder that has met the applicable
852 requirement for that permitholder to conduct live racing or
853 games under s. 550.01215(1)(b), if any, on November 6, 2018, Any
854 track or fronton licensed under this chapter which in the
855 preceding year conducted a full schedule of live racing is
856 qualified to, at any time, receive broadcasts of any class of
857 pari-mutuel race or game and accept wagers on such races or
858 games conducted by any class of permitholders licensed under
859 this chapter.
860 (8) In any three contiguous counties of the state where
861 there are only three permitholders, all of which are greyhound
862 permitholders, if any permitholder leases the facility of
863 another permitholder for all or any portion of the conduct of
864 its live race meet pursuant to s. 550.475, such lessee may
865 conduct intertrack wagering at its pre-lease permitted facility
866 throughout the entire year, including while its live meet is
867 being conducted at the leased facility, if such permitholder has
868 conducted a full schedule of live racing during the preceding
869 fiscal year at its pre-lease permitted facility or at a leased
870 facility, or combination thereof.
871 (11) Any greyhound permitholder licensed under this
872 chapter to conduct pari-mutuel wagering is qualified to, at any
873 time, receive broadcasts of any class of pari-mutuel race or
874 game and accept wagers on such races or games conducted by any
875 class of permitholders licensed under this chapter.
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876 Section 22. Subsection (2) of section 550.6305, Florida
877 Statutes, is amended to read:
878 550.6305 Intertrack wagering; guest track payments;
879 accounting rules.—
880 (2) For the purposes of calculation of odds and payoffs
881 and distribution of the pari-mutuel pools, all intertrack wagers
882 shall be combined with the pari-mutuel pools at the host track.
883 Notwithstanding this subsection or subsection (4), a greyhound
884 pari-mutuel permitholder may conduct intertrack wagering without
885 combining pari-mutuel pools on not more than three races in any
886 week, not to exceed 20 races in a year. All other provisions
887 concerning pari-mutuel takeout and payments, including state tax
888 payments, apply as if the pool had been combined.
889 Section 23. Paragraph (c) of subsection (4) of section
890 551.104, Florida Statutes, is amended to read:
891 551.104 License to conduct slot machine gaming.—
892 (4) As a condition of licensure and to maintain continued
893 authority for the conduct of slot machine gaming, the slot
894 machine licensee shall:
895 (c) If a thoroughbred permitholder, conduct no fewer than
896 a full schedule of live racing or games as defined in s.
897 550.002(11). A permitholder's responsibility to conduct such
898 number of live races or games shall be reduced by the number of
899 races or games that could not be conducted due to the direct
900 result of fire, war, hurricane, or other disaster or event
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901 beyond the control of the permitholder.
902 Section 24. Subsection (4) of section 551.114, Florida
903 Statutes, is amended to read:
904 551.114 Slot machine gaming areas.—
905 (4) Designated slot machine gaming areas must may be
906 located at the location specified in the licensed permitholder's
907 operating license within the current live gaming facility or in
908 an existing building that must be contiguous and connected to
909 the live gaming facility. If a designated slot machine gaming
910 area is to be located in a building that is to be constructed,
911 that new building must be contiguous and connected to the live
912 gaming facility.
913 Section 25. Subsection (5) of section 565.02, Florida
914 Statutes, is amended to read:
915 565.02 License fees; vendors; clubs; caterers; and
916 others.—
917 (5) A caterer at a horse or dog racetrack or jai alai
918 fronton may obtain a license upon the payment of an annual state
919 license tax of $675. Such caterer's license shall permit sales
920 only within the enclosure in which such races or jai alai games
921 are conducted, and such licensee shall be permitted to sell only
922 during the period beginning 10 days before and ending 10 days
923 after racing or jai alai under the authority of the Division of
924 Pari-mutuel Wagering of the Department of Business and
925 Professional Regulation is conducted at such racetrack or jai
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926 alai fronton. Except as in this subsection otherwise provided,
927 caterers licensed hereunder shall be treated as vendors licensed
928 to sell by the drink the beverages mentioned herein and shall be
929 subject to all the provisions hereof relating to such vendors.
930 Section 26. Subsection (5) and paragraph (d) of subsection
931 (13) of section 849.086, Florida Statutes, are amended to read:
932 849.086 Cardrooms authorized.—
933 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
934 operate a cardroom in this state unless such person holds a
935 valid cardroom license issued pursuant to this section.
936 (a) Only those persons holding a valid cardroom license
937 issued by the division may operate a cardroom. A cardroom
938 license may only be issued to a licensed pari-mutuel
939 permitholder and an authorized cardroom may only be operated at
940 the same facility at which the permitholder is authorized under
941 its valid pari-mutuel wagering permit to conduct pari-mutuel
942 wagering activities. An initial cardroom license shall be issued
943 to a pari-mutuel permitholder only after its facilities are in
944 place and after it conducts its first day of pari-mutuel
945 activities on live racing or games.
946 (b) After the initial cardroom license is granted, the
947 application for the annual license renewal shall be made in
948 conjunction with the applicant's annual application for its
949 pari-mutuel license. If a permitholder has operated a cardroom
950 during any of the 3 previous fiscal years and fails to include a
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951 renewal request for the operation of the cardroom in its annual
952 application for license renewal, the permitholder may amend its
953 annual application to include operation of the cardroom.
954 (c) Notwithstanding any other provision of law, a cardroom
955 license may not be issued to any permitholder that did not hold
956 a cardroom license on November 6, 2018. In order for a cardroom
957 license to be renewed the applicant must have requested, as part
958 of its pari-mutuel annual license application, to conduct at
959 least 90 percent of the total number of live performances
960 conducted by such permitholder during either the state fiscal
961 year in which its initial cardroom license was issued or the
962 state fiscal year immediately prior thereto if the permitholder
963 ran at least a full schedule of live racing or games in the
964 prior year. If the application is for a harness permitholder
965 cardroom, the applicant must have requested authorization to
966 conduct a minimum of 140 live performances during the state
967 fiscal year immediately prior thereto. If more than one
968 permitholder is operating at a facility, each permitholder must
969 have applied for a license to conduct a full schedule of live
970 racing.
971 (d)(c) Persons seeking a license or a renewal thereof to
972 operate a cardroom shall make application on forms prescribed by
973 the division. Applications for cardroom licenses shall contain
974 all of the information the division, by rule, may determine is
975 required to ensure eligibility.
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976 (e)(d) The annual cardroom license fee for each facility
977 shall be $1,000 for each table to be operated at the cardroom.
978 The license fee shall be deposited by the division with the
979 Chief Financial Officer to the credit of the Pari-mutuel
980 Wagering Trust Fund.
981 (13) TAXES AND OTHER PAYMENTS.—
982 (d)1. Each greyhound and jai alai permitholder that
983 conducts live performances and operates a cardroom facility
984 shall use at least 4 percent of such permitholder's cardroom
985 monthly gross receipts to supplement greyhound purses or jai
986 alai prize money, respectively, during the permitholder's next
987 ensuing pari-mutuel meet.
988 2. Each thoroughbred permitholder or and harness horse
989 racing permitholder that conducts live performances and operates
990 a cardroom facility shall use at least 50 percent of such
991 permitholder's cardroom monthly net proceeds as follows: 47
992 percent to supplement purses and 3 percent to supplement
993 breeders' awards during the permitholder's next ensuing racing
994 meet.
995 3. No cardroom license or renewal thereof shall be issued
996 to an applicant holding a permit under chapter 550 to conduct
997 pari-mutuel wagering meets of quarter horse racing and
998 conducting live performances unless the applicant has on file
999 with the division a binding written agreement between the
1000 applicant and the Florida Quarter Horse Racing Association or
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1001 the association representing a majority of the horse owners and
1002 trainers at the applicant's eligible facility, governing the
1003 payment of purses on live quarter horse races conducted at the
1004 licensee's pari-mutuel facility. The agreement governing purses
1005 may direct the payment of such purses from revenues generated by
1006 any wagering or gaming the applicant is authorized to conduct
1007 under Florida law. All purses shall be subject to the terms of
1008 chapter 550.
1009 Section 27. For the purpose of incorporating the amendment
1010 made by this act to section 550.002, Florida Statutes, in a
1011 reference thereto, paragraph (c) of subsection (2) of section
1012 380.0651, Florida Statutes, is reenacted to read:
1013 380.0651 Statewide guidelines, standards, and exemptions.—
1014 (2) STATUTORY EXEMPTIONS.—The following developments are
1015 exempt from s. 380.06:
1016 (c) Any proposed addition to an existing sports facility
1017 complex if the addition meets the following characteristics:
1018 1. It would not operate concurrently with the scheduled
1019 hours of operation of the existing facility;
1020 2. Its seating capacity would be no more than 75 percent
1021 of the capacity of the existing facility; and
1022 3. The sports facility complex property was owned by a
1023 public body before July 1, 1983.
1024
1025 This exemption does not apply to any pari-mutuel facility as
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1026 defined in s. 550.002.
1027
1028 If a use is exempt from review pursuant to paragraphs (a)-(u),
1029 but will be part of a larger project that is subject to review
1030 pursuant to s. 380.06(12), the impact of the exempt use must be
1031 included in the review of the larger project, unless such exempt
1032 use involves a development that includes a landowner, tenant, or
1033 user that has entered into a funding agreement with the state
1034 land planning agency under the Innovation Incentive Program and
1035 the agreement contemplates a state award of at least $50
1036 million.
1037 Section 28. For the purpose of incorporating the amendment
1038 made by this act to section 550.002, Florida Statutes, in a
1039 reference thereto, paragraph (c) of subsection (4) of section
1040 402.82, Florida Statutes, is reenacted to read:
1041 402.82 Electronic benefits transfer program.—
1042 (4) Use or acceptance of an electronic benefits transfer
1043 card is prohibited at the following locations or for the
1044 following activities:
1045 (c) A pari-mutuel facility as defined in s. 550.002.
1046 Section 29. For the purpose of incorporating the amendment
1047 made by this act to section 550.002, Florida Statutes, in a
1048 reference thereto, subsection (1) of section 480.0475, Florida
1049 Statutes, is reenacted to read:
1050 480.0475 Massage establishments; prohibited practices.—
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1051 (1) A person may not operate a massage establishment
1052 between the hours of midnight and 5 a.m. This subsection does
1053 not apply to a massage establishment:
1054 (a) Located on the premises of a health care facility as
1055 defined in s. 408.07; a health care clinic as defined in s.
1056 400.9905(4); a hotel, motel, or bed and breakfast inn, as those
1057 terms are defined in s. 509.242; a timeshare property as defined
1058 in s. 721.05; a public airport as defined in s. 330.27; or a
1059 pari-mutuel facility as defined in s. 550.002;
1060 (b) In which every massage performed between the hours of
1061 midnight and 5 a.m. is performed by a massage therapist acting
1062 under the prescription of a physician or physician assistant
1063 licensed under chapter 458, an osteopathic physician or
1064 physician assistant licensed under chapter 459, a chiropractic
1065 physician licensed under chapter 460, a podiatric physician
1066 licensed under chapter 461, an advanced practice registered
1067 nurse licensed under part I of chapter 464, or a dentist
1068 licensed under chapter 466; or
1069 (c) Operating during a special event if the county or
1070 municipality in which the establishment operates has approved
1071 such operation during the special event.
1072 Section 30. This act shall take effect July 1, 2021, but
1073 only if PCB COM 21-03 or similar legislation takes effect, if
1074 such legislation is adopted in the same legislative session or
1075 an extension thereof and becomes a law.
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