Industries & Professional Activities Subcommittee, Wednesday, February 5, 2025

Summary

Meeting packet of the Florida House of Representatives Commerce Committee Industries & Professional Activities Subcommittee for Wednesday, February 5, 2025, 12:30 pm - 2:30 pm in Webster Hall. The agenda lists a panel discussion on Protecting Minors from Age Restricted Products and consideration of HB 105, Thoroughbred Permitholders, by Anderson. The bill analysis of HB 105 says the bill removes live racing requirements for thoroughbred permitholders who apply for a pari-mutuel operating license. It also says the bill may have an indeterminate insignificant fiscal impact on state government and the private sector. A closing section on nicotine dispensing devices states that devices on the Initial NDD Directory will be contraband on March 1, 2025.

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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Industries & Professional Activities
Subcommittee

Wednesday, February 5, 2025
12:30 PM – 2:30 PM
Webster Hall (212 Knott)

Daniel Perez Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Industries & Professional Activities Subcommittee
Daniel Perez Mike Giallombardo
Speaker Chair

Meeting Agenda
Wednesday, February 5, 2025
12:30 pm – 2:30 pm
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Panel Discussion on Protecting Minors from Age Restricted Products

V. Consideration of the following bill(s):

HB 105 Thoroughbred Permitholders by Anderson

VI. Closing Remarks

VII. Adjournment

214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 105
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 105 COMPANION BILL: None
TITLE: Thoroughbred Permitholders LINKED BILLS: None
SPONSOR(S): Anderson RELATED BILLS: SB 408 (Burgess)
Committee References
Industries & Professional Activities Commerce


SUMMARY
Effect of the Bill:
The bill removes live racing requirements for thoroughbred permitholders who apply for a pari-mutuel operating
license. The bill allows a thoroughbred permitholder that does not conduct live racing to retain the ability to apply
for a slot machine and/or cardroom license. The bill exempts thoroughbred permitholders with a slot machine
license from the thoroughbred horse racing purses and awards agreement requirements.

Fiscal or Economic Impact:
The bill may have an indeterminate insignificant fiscal impact on state government and the private sector. The
extent to which thoroughbred permitholders will elect to not conduct live racing is unknown.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Live Racing Requirements
The bill removes live racing requirements for thoroughbred permitholders who apply for a pari-mutuel wagering
operating license. (Section 1)

The bill provides that a thoroughbred permitholder that does not conduct live racing:
 Retains its permit;
 Is a pari-mutuel facility;
 If such permitholder has been issued a slot machine license, the facility where such permit is located:
o Remains an eligible slot machine facility;
o Continues to be eligible for a slot machine license; and
o Is exempt from thoroughbred horse racing purses and awards agreement requirements, and slot
machine gaming area requirements;
 Is eligible, but not required, to be a guest track; and
 Remains eligible for a cardroom license. (Section 1)

Thoroughbred Purses and Awards
The bill removes the requirement for thoroughbred permitholders that apply for a slot machine license to have on
file with the Commission a binding written agreement between the applicant and the:
 Florida Horsemen’s Benevolent and Protective Association, Inc., governing the payment of purses on live
thoroughbred races conducted at the licensee’s pari-mutuel facility.
 Florida Thoroughbred Breeders’ Association, Inc., governing the payment of breeders’, stallion, and special
racing awards on live thoroughbred races conducted at the licensee’s pari-mutuel facility. (Section 2)

The bill provides an effective date of July 1, 2025. (Section 3)

STORAGE NAME: h0105.IPA
DATE: 1/31/2025
1
FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The Revenue Estimating Conference (REC) has not estimated the potential impacts of the bill. The bill may have an
insignificant impact on state government revenues. The extent to which thoroughbred permitholders will elect to
not conduct live racing is unknown.

PRIVATE SECTOR:
Individuals and businesses associated with thoroughbred horse racing will experience an indeterminate impact
associated with the election by thoroughbred permitholders to conduct or not conduct live racing. Removing live
race requirements for such permitholders may reduce certain expenditures related to these activities.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
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 regulated1 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.2

Live Racing Requirements
Currently, only thoroughbred permitholders are required to conduct live racing in order to operate other pari-
mutuel gaming activities. Greyhound permitholders are prohibited from conducting live racing, and jai alai
permitholders, harness horse racing permitholders, and quarter horse racing permitholders have the option to
conduct live racing or games.3

A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse racing
permitholder that does not conduct live racing or games:4
 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.

Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)5 provides specific permitting and licensing requirements for the pari-
mutuel industry.6 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities.7 Certain permitholders are also authorized to operate cardrooms8 and slot machines at their facility.9

1
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.
2
See ss. 16.71-16.716, F.S.
3
S. 550.01215, F.S.(1)(b)1., F.S.
4
Id.
5
See ch. 550, F.S.
6
S. 550.054(1), F.S.
7
S. 550.0115, F.S.
8
S. 849.086, F.S.
9
S. 551.104, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Currently, there are three pari-mutuel operating licenses that were issued for fiscal year 2024-2025 to conduct live
thoroughbred racing performances. These licenses and their locations include:10
 Gulfstream Park Racing Association Inc., operates at Gulfstream Park in Broward County.
 Gulfstream Park Thoroughbred After Racing Program, Inc., operates at Gulfstream Park in Broward
County.
 Tampa Bay Downs, Inc., operates at Tampa Bay Downs in Hillsborough County.

Slot Machine Licensing
An application for a license to conduct slot machine gaming 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.11 Currently, slot machines
are only authorized in eight licensed pari-mutuel facilities located in Miami-Dade and Broward counties and on
tribal property.12

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.13

As a condition of licensure and to maintain continued authority for the conduct of slot machine gaming, slot
machine licensees that hold a thoroughbred permit, may conduct no fewer than a full schedule of live racing or
games as defined in s. 550.002(10), F.S. A permitholder’s responsibility to conduct live races or games shall be
reduced by the number of races or games that could not be conducted due to the direct result of fire, strike, war,
hurricane, pandemic, or other disaster or event beyond the control of the permitholder.14

Cardroom Licensing
An application for a license to conduct cardroom gaming may be approved by the Commission upon proof that the
local government where the applicant for such license desires to conduct cardroom gaming has voted to approve
such activity by a majority vote of the governing body of the municipality or the governing body of the county if the
facility is not located in a municipality.15

Municipalities are authorized to prohibit the establishment of a cardroom on or after July 1, 2021, within their
jurisdiction. This does not apply to a licensed pari-mutuel permitholder who held an operating license for the
conduct of pari-mutuel wagering for fiscal year 2020-2021 in the municipality’s jurisdiction or to a cardroom that
was previously approved by the municipality.16

Only those persons holding a valid cardroom license issued by the Commission may operate a cardroom. A
cardroom license may only be issued to a licensed pari-mutuel permitholder, and an authorized cardroom may
only be operated at the same facility at which the permitholder is authorized under its valid pari-mutuel wagering
permit to conduct pari-mutuel wagering activities.17

A pari-mutuel permitholder, other than a converted quarter horse to thoroughbred permitholder or a purchaser,
transferee, or assignee holding a valid permit for the conduct of pari-mutuel wagering, may not be issued a license
for the operation of a cardroom if the permitholder did not hold an operating license for the conduct of pari-mutuel
wagering for fiscal year 2020-2021.18

10 Email from Henry Mahler, Director of Legislative Affairs, Florida Gaming Control Commission, RE: Thoroughbred

Permitholders (Jan. 31, 2025).
11
S. 551.104(2), F.S.
12
S. 551.101, F.S.
13
S. 551.104(3), F.S.
14 S. 551.104(4)(c), F.S.
15 S. 849.086(16)(a), F.S.
16 S. 849.086(16)(b), F.S.
17 S. 849.086(5)(a), F.S.
18 S. 849.086(5)(c), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
In order for an initial cardroom license to be issued to a converted quarter horse to thoroughbred permitholder,
the applicant must have requested, as part of its pari-mutuel annual license application, to conduct at least a full
schedule of live racing.19

In order for a cardroom license to be renewed by a thoroughbred permitholder, the applicant must have requested,
as part of its pari-mutuel annual license application, to conduct at least 90 percent of the total number of live
performances conducted by such permitholder during either the state fiscal year in which its initial cardroom
license was issued or the state fiscal year immediately prior thereto if the permitholder ran at least a full schedule
of live racing or games in the prior year.20

Thoroughbred Purses and Awards
A slot machine license may not be issued, or renewed, to an applicant holding a permit to conduct pari-mutuel
wagering meets of thoroughbred racing unless the applicant has on file with the Commission a binding written
agreement between the applicant and the:21
 Florida Horsemen’s Benevolent and Protective Association, Inc., governing the payment of purses on live
thoroughbred races conducted at the licensee’s pari-mutuel facility.
 Florida Thoroughbred Breeders’ Association, Inc., governing the payment of breeders’, stallion, and special
racing awards on live thoroughbred races conducted at the licensee’s pari-mutuel facility.

The agreements may direct the payment of such purses and awards from revenues generated by any wagering or
gaming the applicant is authorized to conduct under Florida law. All purses and awards are subject to the terms of
chapter 550, F.S. All sums for breeders’, stallion, and special racing awards are remitted monthly to the Florida
Thoroughbred Breeders’ Association, Inc., for the payment of awards subject to the administrative fee authorized
in s. 550.2625(3), F.S.22

“Purse” means the cash portion of the prize for which a race or game is contested.23 “Breeders’ and stallions’
awards” means financial incentives paid to encourage the agricultural industry of breeding racehorses in this
state.24 Current law provides that “the purse structure and the availability of breeder awards are important factors
in attracting the entry of well-bred horses in racing meets in this state which in turn helps to produce maximum
racing revenues for the state and the counties.”25 Each permitholder conducting a horserace meet is required to
pay from the takeout withheld on pari-mutuel pools a sum for purses in accordance with the type of race
performed.26 Each horseracing permitholder conducting any thoroughbred race is required to pay a sum on all
pari-mutuel pools conducted during any such race for the payment of breeders’, stallion, or special racing awards.27

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2021A CS/CS/HB 7A Latvala, Robinson, W. Hutson Removed requirements for
greyhound permitholders, jai
alai permitholders, and
harness horse permitholders
to conduct live racing or
games.

19 Id.
20 Id.
21 S. 551.104(10)(a)1., F.S.
22 Id.
23 S. 550.002(28), F.S.
24 S. 550.002(2), F.S.
25 S. 550.2625(1), F.S.
26 See s. 550.2625(2)(a), F.S.
27 See s. 550.2625(3), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
OTHER RESOURCES:
Florida Gaming Control Commission

Florida Thoroughbred Horsemen’s Association

Florida Thoroughbred Breeders’ and Owners’ Association

Gulfstream Park

Tampa Bay Downs

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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

HB 105 2025

1 A bill to be entitled
2 An act relating to thoroughbred permitholders;
3 amending s. 550.01215, F.S.; removing a requirement
4 that a thoroughbred permitholder must conduct live
5 racing; amending s. 551.104, F.S.; removing certain
6 slot machine gaming licensure requirements for
7 thoroughbred permitholders who are slot machine
8 licensees; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (b) of subsection (1) of section
13 550.01215, Florida Statutes, is amended to read:
14 550.01215 License application; periods of operation;
15 license fees; bond.—
16 (1) Each permitholder shall annually, during the period
17 between January 15 and February 4, file in writing with the
18 commission its application for an operating license for a pari-
19 mutuel facility for the conduct of pari-mutuel wagering during
20 the next state fiscal year, including intertrack and simulcast
21 race wagering. Each application for live performances must
22 specify the number, dates, and starting times of all live
23 performances that the permitholder intends to conduct. It must
24 also specify which performances will be conducted as charity or
25 scholarship performances.

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HB 105 2025

26 (b)1. A greyhound permitholder may not conduct live
27 racing. A jai alai permitholder, thoroughbred permitholder,
28 harness horse racing permitholder, or quarter horse racing
29 permitholder may elect not to conduct live racing or games. A
30 thoroughbred permitholder must conduct live racing. A greyhound
31 permitholder, jai alai permitholder, thoroughbred permitholder,
32 harness horse racing permitholder, or quarter horse racing
33 permitholder that does not conduct live racing or games retains
34 its permit; is a pari-mutuel facility as defined in s.
35 550.002(23); if such permitholder has been issued a slot machine
36 license, the facility where such permit is located remains an
37 eligible facility as defined in s. 551.102(4), continues to be
38 eligible for a slot machine license pursuant to s. 551.104(3),
39 and is exempt from ss. 551.104(10) ss. 551.104(4)(c) and (10)
40 and 551.114(2); is eligible, but not required, to be a guest
41 track and, if the permitholder is a harness horse racing
42 permitholder, to be a host track for purposes of intertrack
43 wagering and simulcasting pursuant to ss. 550.3551, 550.615,
44 550.625, and 550.6305; and remains eligible for a cardroom
45 license.
46 2. A permitholder or licensee may not conduct live
47 greyhound racing or dogracing in connection with any wager for
48 money or any other thing of value in the state. The commission
49 may deny, suspend, or revoke any permit or license under this
50 chapter if a permitholder or licensee conducts live greyhound

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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

HB 105 2025

51 racing or dogracing in violation of this subparagraph. In
52 addition to, or in lieu of, denial, suspension, or revocation of
53 such permit or license, the commission may impose a civil
54 penalty of up to $5,000 against the permitholder or licensee for
55 a violation of this subparagraph. All penalties imposed and
56 collected must be deposited with the Chief Financial Officer to
57 the credit of the General Revenue Fund.
58 Section 2. Paragraphs (d) through (j) of subsection (4) of
59 section 551.104, Florida Statutes, are redesignated as
60 paragraphs (c) through (i), respectively, and paragraph (c) of
61 subsection (4) and paragraph (a) of subsection (10) of that
62 section are amended to read:
63 551.104 License to conduct slot machine gaming.—
64 (4) As a condition of licensure and to maintain continued
65 authority for the conduct of slot machine gaming, the slot
66 machine licensee shall:
67 (c) If a thoroughbred permitholder, conduct no fewer than
68 a full schedule of live racing or games as defined in s.
69 550.002(10). A permitholder's responsibility to conduct live
70 races or games shall be reduced by the number of races or games
71 that could not be conducted due to the direct result of fire,
72 strike, war, hurricane, pandemic, or other disaster or event
73 beyond the control of the permitholder.
74 (10)(a)1. No slot machine license or renewal thereof shall
75 be issued to an applicant holding a permit under chapter 550 to

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HB 105 2025

76 conduct pari-mutuel wagering meets of thoroughbred racing unless
77 the applicant has on file with the commission a binding written
78 agreement between the applicant and the Florida Horsemen's
79 Benevolent and Protective Association, Inc., governing the
80 payment of purses on live thoroughbred races conducted at the
81 licensee's pari-mutuel facility. In addition, no slot machine
82 license or renewal thereof shall be issued to such an applicant
83 unless the applicant has on file with the commission a binding
84 written agreement between the applicant and the Florida
85 Thoroughbred Breeders' Association, Inc., governing the payment
86 of breeders', stallion, and special racing awards on live
87 thoroughbred races conducted at the licensee's pari-mutuel
88 facility. The agreement governing purses and the agreement
89 governing awards may direct the payment of such purses and
90 awards from revenues generated by any wagering or gaming the
91 applicant is authorized to conduct under Florida law. All purses
92 and awards shall be subject to the terms of chapter 550. All
93 sums for breeders', stallion, and special racing awards shall be
94 remitted monthly to the Florida Thoroughbred Breeders'
95 Association, Inc., for the payment of awards subject to the
96 administrative fee authorized in s. 550.2625(3).
97 2. No slot machine license or renewal thereof shall be
98 issued to an applicant holding a permit under chapter 550 to
99 conduct pari-mutuel wagering meets of quarter horse racing
100 unless the applicant has on file with the commission a binding

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HB 105 2025

101 written agreement between the applicant and the Florida Quarter
102 Horse Racing Association or the association representing a
103 majority of the horse owners and trainers at the applicant's
104 eligible facility, governing the payment of purses on live
105 quarter horse races conducted at the licensee's pari-mutuel
106 facility. The agreement governing purses may direct the payment
107 of such purses from revenues generated by any wagering or gaming
108 the applicant is authorized to conduct under Florida law. All
109 purses shall be subject to the terms of chapter 550.
110 Section 3. This act shall take effect July 1, 2025.

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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE

HB 105 by Rep. Anderson
Thoroughbred Permitholders

AMENDMENT SUMMARY
February 5, 2025

Amendment 1 by Rep. Anderson (strike-all):
• Retains the original portions of the bill.
• Removes live racing requirements for thoroughbred permitholders who are cardroom
licensees.
• Makes conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Yeager offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (b) of subsection (1) of section
8 550.01215, Florida Statutes, is amended to read:
9 550.01215 License application; periods of operation;
10 license fees; bond.—
11 (1) Each permitholder shall annually, during the period
12 between January 15 and February 4, file in writing with the
13 commission its application for an operating license for a pari-
14 mutuel facility for the conduct of pari-mutuel wagering during
15 the next state fiscal year, including intertrack and simulcast
16 race wagering. Each application for live performances must
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

17 specify the number, dates, and starting times of all live
18 performances that the permitholder intends to conduct. It must
19 also specify which performances will be conducted as charity or
20 scholarship performances.
21 (b)1. A greyhound permitholder may not conduct live
22 racing. A jai alai permitholder, thoroughbred permitholder,
23 harness horse racing permitholder, or quarter horse racing
24 permitholder may elect not to conduct live racing or games. A
25 thoroughbred permitholder must conduct live racing. A greyhound
26 permitholder, jai alai permitholder, thoroughbred permitholder,
27 harness horse racing permitholder, or quarter horse racing
28 permitholder that does not conduct live racing or games retains
29 its permit; is a pari-mutuel facility as defined in s.
30 550.002(23); if such permitholder has been issued a slot machine
31 license, the facility where such permit is located remains an
32 eligible facility as defined in s. 551.102(4), continues to be
33 eligible for a slot machine license pursuant to s. 551.104(3),
34 and is exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
35 eligible, but not required, to be a guest track and, if the
36 permitholder is a harness horse racing permitholder or a
37 thoroughbred permitholder, to be a host track for purposes of
38 intertrack wagering and simulcasting pursuant to ss. 550.3551,
39 550.615, 550.625, and 550.6305; and remains eligible for a
40 cardroom license.
41 2. A permitholder or licensee may not conduct live
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

42 greyhound racing or dogracing in connection with any wager for
43 money or any other thing of value in the state. The commission
44 may deny, suspend, or revoke any permit or license under this
45 chapter if a permitholder or licensee conducts live greyhound
46 racing or dogracing in violation of this subparagraph. In
47 addition to, or in lieu of, denial, suspension, or revocation of
48 such permit or license, the commission may impose a civil
49 penalty of up to $5,000 against the permitholder or licensee for
50 a violation of this subparagraph. All penalties imposed and
51 collected must be deposited with the Chief Financial Officer to
52 the credit of the General Revenue Fund.
53 Section 2. Paragraph (c) of subsection (4) and paragraphs
54 (a), (b), and (c) of subsection (10) of section 551.104, Florida
55 Statutes, are amended to read:
56 551.104 License to conduct slot machine gaming.—
57 (4) As a condition of licensure and to maintain continued
58 authority for the conduct of slot machine gaming, the slot
59 machine licensee shall:
60 (c) If a thoroughbred permitholder, conduct no fewer than
61 a full schedule of live racing or games as defined in s.
62 550.002(10). A permitholder's responsibility to conduct live
63 races or games shall be reduced by the number of races or games
64 that could not be conducted due to the direct result of fire,
65 strike, war, hurricane, pandemic, or other disaster or event
66 beyond the control of the permitholder.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

67 (10)(a)1. If a thoroughbred permitholder elects to conduct
68 live racing, then no slot machine license or renewal thereof
69 shall be issued to an applicant holding a permit under chapter
70 550 to conduct pari-mutuel wagering meets of thoroughbred racing
71 unless the applicant has on file with the commission a binding
72 written agreement between the applicant and the Florida
73 Horsemen's Benevolent and Protective Association, Inc.,
74 governing the payment of purses on live thoroughbred races
75 conducted at the licensee's pari-mutuel facility. In addition,
76 no slot machine license or renewal thereof shall be issued to
77 such an applicant unless the applicant has on file with the
78 commission a binding written agreement between the applicant and
79 the Florida Thoroughbred Breeders' Association, Inc., governing
80 the payment of breeders', stallion, and special racing awards on
81 live thoroughbred races conducted at the licensee's pari-mutuel
82 facility. The agreement governing purses and the agreement
83 governing awards may direct the payment of such purses and
84 awards from revenues generated by any wagering or gaming the
85 applicant is authorized to conduct under Florida law. All purses
86 and awards shall be subject to the terms of chapter 550. All
87 sums for breeders', stallion, and special racing awards shall be
88 remitted monthly to the Florida Thoroughbred Breeders'
89 Association, Inc., for the payment of awards subject to the
90 administrative fee authorized in s. 550.2625(3).
91 Section 3. Paragraph (c) of subsection (5) of section
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

92 849.086, Florida Statutes, is amended to read:
93 849.086 Cardrooms authorized.—
94 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
95 operate a cardroom in this state unless such person holds a
96 valid cardroom license issued pursuant to this section.
97 (c) Notwithstanding any other provision of law, a pari-
98 mutuel permitholder, other than a permitholder issued a permit
99 pursuant to s. 550.3345 or a purchaser, transferee, or assignee
100 holding a valid permit for the conduct of pari-mutuel wagering
101 approved pursuant to s. 550.054(15)(a), may not be issued a
102 license for the operation of a cardroom if the permitholder did
103 not hold an operating license for the conduct of pari-mutuel
104 wagering for fiscal year 2020-2021. In order for an initial
105 cardroom license to be issued to a thoroughbred permitholder
106 issued a permit pursuant to s. 550.3345, the applicant must have
107 requested, as part of its pari-mutuel annual license
108 application, to conduct at least a full schedule of live racing.
109 In order for a cardroom license to be renewed by a thoroughbred
110 permitholder, the applicant must have requested, as part of its
111 pari-mutuel annual license application, to conduct at least 90
112 percent of the total number of live performances conducted by
113 such permitholder during either the state fiscal year in which
114 its initial cardroom license was issued or the state fiscal year
115 immediately prior thereto if the permitholder ran at least a
116 full schedule of live racing or games in the prior year.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

117 Section 4. This act shall take effect July 1, 2025.
118
119 -----------------------------------------------------
120 T I T L E A M E N D M E N T
121 Remove everything before the enacting clause and insert:
122 A bill to be entitled
123 An act relating to thoroughbred permitholders;
124 amending s. 550.01215, F.S.; revising the application
125 requirements for an operating license to conduct pari-
126 mutuel wagering for a pari-mutuel facility;
127 authorizing thoroughbred permitholders to elect not to
128 conduct live racing or games; removing the requirement
129 for thoroughbred permitholders to conduct live racing;
130 specifying that thoroughbred permitholders that do not
131 conduct live racing or games retain their permit and
132 remain pari-mutuel facilities; specifying that, if
133 such permitholder has been issued a slot machine
134 license, the permitholder's facility remains an
135 eligible facility, continues to be eligible for a slot
136 machine license, is exempt from certain provisions of
137 ch. 551, F.S., is eligible to be a guest track, and
138 remains eligible for a cardroom license; amending s.
139 551.104, F.S.; removing live racing requirements for
140 thoroughbred permitholders who are slot machine
141 licensees; revising purses and awards agreement
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 105 (2025)
Amendment No. 1

142 requirements for thoroughbred permitholders with a
143 slot machine license; amending 849.086, F.S.; removing
144 live racing requirements for thoroughbred
145 permitholders who are cardroom licensees; providing an
146 effective date.

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Presentation 1
Protecting Minors from Age-
Restricted Products
Industries and Professional Activities Subcommittee
Division of Alcoholic Beverages and Tobacco (ABT)

February 5th, 2025

dbpr GOVERNOR

Ron Desantis
SECRETARY

Melanie s. Griffin
Division of Alcoholic Beverages and Tobacco

Bureau of Bureau of Bureau of
Licensing Auditing Enforcement
Processes license applications Collects and audits the 2nd oldest law enforcement
and renewals. excise tax due to the state. agency in Florida celebrating
its 92nd year of service in
Verifies applicants' qualifications Conducts audits to ensure 2025.
for licensure under the Beverage compliance with special
Law and chapters 210 and 569, licensing requirements. Conducts routine compliance
Florida Statutes. inspections, minimum age of
purchase investigations, and
administrative investigations.

2
Business-Friendly
Approach
• DBPR is committed to supporting Florida's best-in-
the-nation, business-friendly approach, favoring
compliance and education over fines or closure
whenever possible.

• DBPR helps businesses resolve minor violations
quickly on-site in lieu of fines or penalties, using
punitive measures as a last resort.

• This business-friendly approach minimizes
disruption to business operations, safeguards jobs
and helps preserve the local economy.

3
Legislative Changes
Senate Bill 1080 (2021) – An act relating to Tobacco and Nicotine Products

'\I
21+
Raised the minimum Gave regulation and
•
Requires nicotine
+- -+
I\
Expands regulatory
age from 18 to 21 to enforcement product retailers to and enforcement
lawfully purchase authority of nicotine apply for and receive a provisions and the
tobacco or nicotine products and nicotine retailer’s associated penalties
products. devices to the permit to sell nicotine for non-compliance,
Division of Alcoholic products. which were previously
Beverages and applicable only to
Tobacco. tobacco retailers.

4
Retail Tobacco and Nicotine Product Permits
DBPR-Issued Permits

7,168 462 24,031
Tobacco Licenses Nicotine Licenses Dual Licenses
(Alcohol and Tobacco)

5
Tobacco and Nicotine Enforcement Activities
Onsite inspections are conducted to ensure compliance with Chapter 569,
F.S.
• July 1st, 2023, - June 30th, 2024:
• 20,686 investigations
• 8,703 violations

Underage individuals are utilized to ensure compliance.
• July 1st, 2023, - June 30th, 2024:
• 6,026 investigations
• 544 arrests for sale to individuals under the age of 21

ABT assists with the enforcement of the Florida Office of the Attorney General’s Nicotine
Dispensing Device Directory Program.

6
Retail Alcoholic Beverage Product Licenses
• There are 53,617 retail beverage licenses in the
state. Licenses include, but are not limited to:
• Hotels and Motels • Bars
• Restaurants • Convenience Stores
• Golf and Tennis Clubs • Super Markets
• Fraternal Associations • Theme Parks
• Sports Arenas • Festivals and Fairs
• Concert Venues • Fundraisers
7
Alcohol Enforcement Activities
Onsite inspections are conducted to ensure compliance with
Chapter 561, F.S.
• July 1st, 2023, - June 30th, 2024:
• 32,595 investigations
• 14,416 violations

Underage individuals are utilized to ensure compliance
• July 1st, 2023, - June 30th, 2024:
• 6,882 investigations
• 756 arrests for sale to individuals under the age of 21

8
Hemp-Specific Operations
The Division proactively conducts undercover investigations at
licensed establishments to ensure they are not selling or
advertising/marketing hemp products to individuals under the age of
21.

• 193 arrests since July 1st, 2024.
• Arrests are also referred to the Florida Department of
Agriculture and Consumer Services.

9
Point of Contact
Derek Miller
Director of Legislative Affairs
Derek.Miller@myfloridalicense.com
PH: 850.717.1580

10
Presentation 2
Update on the Nicotine Dispensing
Device (NDD) Directory

Panel Discussion on Protecting Minors from Age Restricted Products
Florida House of Representatives, Industries & Professional Activities Subcommittee

Nicholas J. Weilhammer
Associate Deputy Attorney General for Enforcement February 5, 2025
HB 1007 (2024)

• H.B. 1007: Nicotine Dispensing Devices (2024) passed Florida House
and Senate and was approved by the Governor on April 26, 2024.
• Granted authority to the Attorney General (AG) to create a directory (AG
Directory) of all nicotine manufacturers that sell nicotine dispensing devices
that the AG has deemed attractive to minors.
• Provides that nicotine dispensing devices that are either single-use or
disposable electronic cigarettes, or devices that use sealed, prefilled, and
disposable cartridge of nicotine in a solution may be reviewed for inclusion on
the AG Directory.
HB 1007 (2024)

• Set standards for the AG, and reviewing courts, to use to determine how to
evaluate whether a device should be included in the AG Directory and allows
review of such determination under the Florida Administrative Procedure Act
(APA).
• Requires the Department of Legal Affairs in the Attorney General’s Office
(Department) to make the AG Directory publicly available on its website by
January 1, 2025.
NDD Directory Rulemaking Process

• Notice of rule development published July 12, 2024.
• Rulemaking workshop held October 18, 2024.
• Proposed Florida Administrative Rule 2-4.001 published November 7, 2024.
• Public hearing on Rule 2-4.001 held December 13, 2024.
• Fla. Admin. Code 2-4.001 effective January 28, 2025.
Fla. Admin. R. 2-4.001: Nicotine Dispensing
Device Directory

• Identifies the location and notice for the initial NDD Directory:
https://www.myfloridalegal.com/NDDDirectory
• Identifies the location for changes or additions to the NDD Directory:
https://www.myfloridalegal.com/NDD
• Provides for 30 days’ notice to the manufacturer or appointed agent prior
to placement on the NDD Directory and notice of its administrative rights.
***
• The public (including retailers and distributors) can sign up for email
notification when a change has been made to the NDD Directory or when
an NDD manufacturer receives notice of the intent to have its device added
to the NDD Directory.
Creation of the NDD Directory

• HB 1007 (2024) creates section 569.311, Florida Statutes, which
identifies criteria to be considered in the creation of the NDD
Directory, including:
• Device design, including bright colors or cartoon characters
• Device design that is easy for minors to use and to conceal
• Device resemblance to food products
• Surveys/data
• Device marketing
• Complaints
Creation of the Initial NDD Directory

• 150 nicotine dispensing devices listed on the initial NDD Directory.
Creation of the Initial NDD Directory

• Direct notice of initial NDD Directory provided to manufacturers on
November 26, 2024.

• Initial NDD Directory posted December 30, 2024, in compliance with
section 569.311(9), Florida Statutes.

• NDDs on the Initial NDD Directory will be contraband on March 1,
2025.
NDD Directory Moving Forward

• Key Partnerships
• State agencies
• Law enforcement
• Parents
• Schools
• Retailers/industry
• Contact us at NicotineDispensingDevices@myfloridalegal.com
• Future additions: direct notice of additions to the NDD Directory of 149
additional NDDs sent to manufacturers on January 31, 2025.
• The effective date of these additions would be March 3, 2025. Fla. Admin.
Rule 2-4.001.
Effect of the NDD Directory

• Prohibits manufacturers, retailers, wholesalers and distributors from selling, shipping, or
distributing nicotine dispensing devices that are listed on the AG Directory. § 569.312, Fla. Stat.
• Provides that the AG Directory determination does not apply to a nicotine dispensing device that
has received a Federal Food and Drug Administration (FDA) marketing granted order. § 569.311(7),
Fla. Stat.
• Allows retailers and wholesalers holding a nicotine dispensing device which is on the AG Directory
60 days to sell or remove the product before it is considered contraband. § 569.311(10), Fla. Stat.
• Allows a nicotine product manufacturer to be fined $1,000 per day that it offers to sell a nicotine
dispensing device that is on the AG Directory in violation of these provisions after March 1, 2025. .
§ 569.311(11), Fla. Stat.
• Provides that it is a first-degree misdemeanor for any person who sells, ships, or otherwise
distributes a nicotine dispensing device on the AG Directory under certain circumstances. §
569.312(2), Fla. Stat.
• Provides that selling, shipping or distributing nicotine dispensing devices on the AG Directory is
deemed an unfair and deceptive trade practice. § 569.312(3), Fla. Stat.
• Considers nicotine dispensing devices that are on the AG Directory to be contraband, and subject
to seizure and destruction by court order under certain circumstances. § 569.311(10), Fla. Stat.

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